Low cost way of taking legal action against USA company?

Azam.net

Free Member
Business Listing
Aug 19, 2003
371
12
Covent Garden, London, WC1
Was wondering if there is a relatively cheap way of taking legal action against an affiliate network which, while operating extensively in the UK, is registered in the United States. Have been surfing around, but can't find anything relevant :(

Any useful websites etc. would be most welcome.

Cheers :)
 

bwglaw

Free Member
Apr 8, 2005
4,567
242
Richmond, Surrey
Legal action is not always cheap especially with overseas registered companies.

Operating and registered are two different issues and this requires further investigation. Do you know whether the company has a 'base' in the UK? This can be just an office they use, whether it is registered or not.

I have had a very similar enquiry a while ago and I advised the client to only commence proceedings if the matter is a claim over £5000. This is because you will probably need to obtain leave from the High Court to serve a claim on an overseas company, even if the claim would ordinarily be in the County Court and this can be a costly and sometimes complex process.
 
Upvote 0

Azam.net

Free Member
Business Listing
Aug 19, 2003
371
12
Covent Garden, London, WC1
Thank you for that. I can't tell you how much I appreciate it. Although operating extensively in the UK ( see here ) they are part of an American conglomerate.

They are called Commission Junction, but run under the names 'Valueclick Europe Ltd.' or 'ValueClick, Inc.' The secondary is a US company, but surely the former means they are a UK entity in some way, shape or form?

However, on the phone, they told me today that their lawyers said they fall under US jurisdiction and so legal action (which I initiated in Small Claims Court) against them in this country is worthless.

Sum owed is £1,200, so not cost effective to pay huge legal fees.

Any advice would be welcome. This company has treated me like dirt and caused me sleepless nights. More so than the money, I just want to obtain justice. Am fed up of letting people get away with scamming me because I can't afford or it is not cost-effective to pay huge legal fees.

Thank you very much once again.
 
Upvote 0

bwglaw

Free Member
Apr 8, 2005
4,567
242
Richmond, Surrey
Ah..

Becoming a bit clearer now. I have had dealings with the same company and from what I understand of their operations is that they are based in the UK. They have an office in the UK etc. I am currently out of office and will need to make a few enquiries as to their status in the UK.

Another point to note is whether there is a clause in your agreement with them that makes reference to which law governs that contract. If there is no clause then quite possibly regardless of where they are 'registered' the law of England and Wales will prevail.

I am of the view at this point that it is possible that you can issue a claim on the company and serve it on the UK office.

I would suggest that you email me direct at [email protected] to discuss this further and provide any further information you may have. Ideally I would need to have sight of the contract or any reference to the terms and conditions along with a summary of the debt outstanding
 
Upvote 0

Latest Articles