I have got cheated badly by a buyer in UK. I have all the necessary proof to prove that he has cheated him. Pls let me know if there is any court in UK or International where i can file a case against that buyer.

Replying to [Agrawal]: This would depend on a few things. If you are the seller how were you to be paid? Did you have an enforceable contract and did you check that the business was real before you sent the goods?

Ranger

Replying to [Ranger]:
Sir,

Payment terms was L/C and we had done lot of transactions earlier also. Last shipment got late due to buyers fault only and they had accepted the shipment by AIR and they paid the air freight but they had not accepted the documents sent to them through bank. This happened in May'07. Till now i was getting assurance from my AGENT that everything will be solved. Now it seems that my agent has taken the buyers side. Bank cannot do anything as there was discrepency in L/C.Someone pls help me out.

Nitin

Replying to [Agrawal]: Ok you say the shipment was late due to the fault of the buyer. Yet their was a discrepancy in the documents you issued their bank. The discrepany was it because the draft for payment was presented beyond the expiry day of the L/C or was it because you shipped via air instead of marine shipment, causing a need for an amendment of the L/C by the buyer. It would be hard to lay blame on any one side of the transaction without knowing the full details. New demands of the customer on you would have required an amendment to either extend the expiry date or the typ of documents to be issued. As their is a difference in an AWB and a B/L from the banks standpoint. If the original L/C called for a B/L and instead an AWB was sent, that would cause a discrepancy to the terms of the L/C. So then they may have caused the lateness of negotiating the draft but if you sent the product without the amendment then to it could be construed that your recievables department made a grave error in judgement in allowing shipment without the amendment. If you had a contract in place that binded them to ICC arbitration then you would have that route to retrieve your payment.

At this point and without other details and based on what you have stated it appears that the only way you might even attempt to get your mondey is for you to retain a lawyer in the buyers country and first send a demand for payment. If that does not work your only course would be to litigate the case in the country where the buying company is. All this however has a cost, and you must weight the cost against your present loss.

Ranger

Quoting from [Agrawal]:


Replying to [Ranger]:

Sir,


Payment terms was L/C and we had done lot of transactions earlier also. Last shipment got late due to buyers fault only and they had accepted the shipment by AIR and they paid the air freight but they had not accepted the documents sent to them through bank. This happened in May'07. Till now i was getting assurance from my AGENT that everything will be solved. Now it seems that my agent has taken the buyers side. Bank cannot do anything as there was discrepency in L/C.Someone pls help me out.


Nitin

Nitin - It appears that you have to directly deal with the seller particularly if there was a discrepancy on the LC and that your agent is also taking side with the buyer.  As Ranges said you need to carefully evaluate the cost associated with litigation in another country. Consider the worst scenario; if you lose then you will incur more losses than you already have, litigation can be very costly. If the value of transaction is low then workout a deal with your buyer and accept less than you anticipated before. 

Replying to [Agrawal]: I was cheated also in the UKraine ( Russia)
by a company who called itself REALON SERVICE LLC I wired
tranfer $ 6,020.00 USD which repersented 30% down on 43 52" TV's
to be shipped to the United Statetes of America , I got nothing but a
email saying his bank had been highjacked and he was sorry he was
not able to do anything includeding not filling the orderr

Raymond Hyatt
BANKCARDVISAMAN@AOL.COM
913-980-6522 CELL 816-461-5555 OFFICE NUMBER

Replying to [Agrawal]:Nitin, If you have done transaction earlier also then you might be going to loose a good and potential customer.
LC needs to be verified first. Infact, I always quote the delivery term in my Offer as technically and commercially clear Purchase order, now since if the mistake in LC then you should not have dispatched the goods, now you think on behalf of your buyer, he need to pay unnecessary demmeurage or retention charges. You need to consult your buyer and take proper solution. Sort out this issue on priority.

All the Best.

Replying to [Agrawal]:

1st check on official PO DOCUMENT the "Conditions of Purchase"
WHICH STATES COUNTRY FOR ANY LEGAL DISPUTES.
IF COUNTRY IS UK - IT SHOULD ALSO STATE THE SPECIFIC LAW COURT.

For cases involving sums less than £5,000 you need to file in the county court nearest to the buyers address.

You can do this online try "small claims county court UK" n google or yahoo.
For sums greater than this you need to file in the High Court do use a solicitor for this.

if you will not be able to attend the county court in person you will need to appoint a solicitor nearer the time or immediately if you want them to file the papers for you.

There are many solicitors in the UK all of whom are registered with the Law Society which is their regulatory body.

Replying to [Agrawal]:

Replying to [Agrawal]:how much you lost for this case? are you sure that buyer is from UK, as many cheater acting as a UK buyer who actually from africa.