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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19429
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, Ive had a problem with a manufacturer in China who

Resolved Question:

Hi,

I've had a problem with a manufacturer in China who has failed to fulfill an order, what options do I have?
Submitted: 8 months ago.
Category: UK Law
Expert:  Stuart J replied 8 months ago.
What is the value of the order?
Have they supplied anything?
How much?
Have you paid anything?
How you dealt with these people before?
Can I have as many background details as possible please?
Customer: replied 8 months ago.

  • The order value is £1500

  • Nothing has been supplied

  • Full amount paid

  • I haven't dealt with these people before



  • I sourced the manufacturer through alibaba.com, which I've used successfully before.



  • The company ("Yu Xuan Fabric Products Co Ltd") is also listed on some other wholesale sites.



  • I can occasionally contact them but can't make any progress.

Expert:  Stuart J replied 8 months ago.

How did you pay?

Is this a commercial purchase?

Customer: replied 8 months ago.

The payment was sent via Hifxonline.co.uk.


 


It was a commercial purchase

Expert:  Stuart J replied 8 months ago.


Thank you.

If it was a consumer purchase made by credit card, you could have
filed a section 75 claim under the consumer credit act and the credit card
company would refund you. That is obviously therefore not possible.



Unfortunately, you would be faced with suing the company in China
and unless you have experience of doing that, but it is not something which is
practical and indeed, it is probably not worth suing anyone cross-border unless
the amount is over £15,000 in any event.



If the company has a UK office (which seems unlikely) then you can
issue proceedings in the UK.



Unfortunately, I'm sorry to have to tell you that this is one of
those things where, if the supplier simply does not reply, all you can do is
refer the matter to Ali Baba you to getting the entry removed. Ali Baba has no
liability.



I'm sorry, I appreciate that this is not the answer you wanted
but there is no point in me misleading you. For £1500 it is simply not a viable
proposition to sue the Chinese company as it would be if they were based in the
UK. Indeed, it is debatable whether it would be worthwhile suing them even if
they were as close as Europe or even the Republic of Ireland

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19429
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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