Credit Card refunds for overseas transactions

Started by Boss Man, April 04, 2006, 21:21:11

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Hello all, having just registered and a bit fingers and thumbs around the site can anyone assist further with a bit of advice for my parents who were unfortunately scammed by DWVC 4 years ago and now having attempted unsuccessfuly to reclaim their 10k from Reclaim Ltd have found themselves in the same situation as many others. They have sought advice from trading standards and references from this site and it would appear the only way to recover their losses is by way of the credit card, they paid the initial 2k deposit by Barclaycard in October 2002. Has anyone dealt with Barclaycard for the very same reason and how easy is it to do, any advice would be greatly appreciated. Gary


teideglow

Clydesdale financial services have said they contacted Pethey and were told they had sent us the pack. They said we signed contract with them and must pay. Contacted Citizens advice and everything now with the ombudsman. Meanwhile the only thing we have received from Petchey is a demand for over £600 for annual fees. We last paid our fees in December 06, and knew nothing about them being due in June.

Has any one received a credit back from their card company for the deposit payed on the say so of a company selling your timeshare points. (have got clients ready to buy)
I have fell for this scam twice tryed to recover my deposit and found the companys had done a runner after only a few weeks.?

Doggy50k

quote:
Originally posted by Ken Shevill

Has any one received a credit back from their card company for the deposit payed on the say so of a company selling your timeshare points. (have got clients ready to buy)
I have fell for this scam twice tryed to recover my deposit and found the companys had done a runner after only a few weeks.?



Which company did you get scammed by?
"You know; the very powerful and the very stupid have one thing in common. They don't alter their views to fit the facts. They alter the facts to fit their views. Which can be uncomfortable if you happen to be one of the facts that needs altering."

Doggy50k

You may be able to argue the toss with your credit card company if it was a recent transaction.

Misrepresentation of facts etc...
"You know; the very powerful and the very stupid have one thing in common. They don't alter their views to fit the facts. They alter the facts to fit their views. Which can be uncomfortable if you happen to be one of the facts that needs altering."

Finella

Hi I was persuing this site for information and was happy to find a previous reply to paying upfront fees using credit card should be covered by the quoted act, however on that note I contacted my credit card company to check I would definately get a refund it the transaction when belly up and the guy there on checking with the relevant section advised me that credit card companies are pulling in the strings and will no longer cover Timeshare sales due to the large volume of scams, so I'm not sure where this leaves me now can anyone clarify?
Thanks

sensor

I think you should remind the person you spoke to that this is now LAW, and is not subject to how the credit card company feels.
See the first post at the top of this page. Maybe you should contact the office of fair trading or get your lawyer to contact the credit card co. to remind them of thier obligations to their customers.



Finella

quote:
Originally posted by sensor

I think you should remind the person you spoke to that this is now LAW, and is not subject to how the credit card company feels.
See the first post at the top of this page. Maybe you should contact the office of fair trading or get your lawyer to contact the credit card co. to remind them of thier obligations to their customers.




Hopefully it wont come to that and all will go well but i'll keep you posted.  Thank your for this fab site

Hi. Finally decided to post a history of my relationship with BONUS WEEK BREAKS because I'm at the end of my tether.
About March last year we began getting calls from BONUS WEEK BREAKS to try and get us to purchase a week of holiday. Our previous experience with timeshare has been brilliant and so I didn't see the need to be overly suspicious.
So when BONUS WEEK BREAKS called me back (for the ninth time!), I thought I'd give them a try. It was, in fact, the FREE (processing fee-£49 per person) holiday that turned it for me. So I agreed to one week holiday which I was told I could take at any time, anywhere up until Feb 2009.
So I was somewhat bemused to find that about a week later, after checking my bank account, two seperate amounts of monies had been taken from my account of 209 euros- on two different days! In the hopes that a mistake had been made I called BONUS WEEK BREAKS only to find a hostile response and a distinct absence of the FRIENDLY sales member who had previously offered me the heavens & earth if we would only buy his product!
Having called VISA and lodging a complaint I was told that unfortunately they couldn't intervene as it was my word against BONUS WEEK BREAKS' as it was only a verbal agreement. A friend who is a solicitor also assured me that because they were based in spain, I would be wasting my time (and money!) trying to get my money back through him.
So here i was left with 2 weeks of timeshare accomadation that I was never going to use because I cant trust BONUS WEEK BREAKS as far as I can throw them!
Still, I thought, I've got my FREE (processing fee-£49 per person) holiday that me and my wife and another couple were going on-"fantastic!" I thought to myself, I could at least recoupe some of my hard earned wages back on a cheap- no- FREE! (processing fee-£49 per person) hoiday to say Italy's Rome or France's Monte Carlo or Spains' Barcelona in a 4* Hotel b&b as promised (along with previous mentioned heaven & earth!)
"That'll be £95, Mr Bromwich, including airport taxes", came the reply from the representative. I say representative, but what I actually think she was was a woman sitting in front of the TV watching the Jeremy Kyle show-I felt like I had interupted something very important as she reluctantly went upstairs to her computer and spent the next 20 mins telling me how she was nursing a hangover from the previous evenings' jollities!
"Oh!",came my reply,"I thought I'd paid for this holiday already"
"The sytem says that we offered you a holiday already, and you turned it down-in June."
"Yes, that's right.",I responded,"I turned it down beacause you actually phoned us while we were on holiday. Remember?"
"No, I've only just started working here, Mr Bromwich. Anyway because you turned down your 1st offer we can only offer you an upgraded deal which is still a good offer."
"The thing is, nobody mentioned it to at the time, or in fact at any time!", I explained
"It's just our policy. That'll be £95, Mr Bromwich, including airport taxes if you want the holiday at this time.", came the reply
"Okay!", I said calmly, trying not to shoot the messenger. I thought £95 still wasn't too bad. Split 4 ways, that works out...
"Each!"
"What?"
"That'll be £95 each, Mr Bromwich."
"Yes, that's what I thought you'd said. Surely, that means that having already payed £49 and now this added £95- we'll end up paying a total of £144 per person for a 3* hotel in Pisa in late November."
"Yes. That's the best we can do Mr. Bromwich."
"Have you been to Pisa? It's a dump! In fact there's only one thing worse than going to Pisa and that's going to Pisa in the middle of Winter!"
"That's the best we can do Mr. Bromwich."
"I'll get back to you.", I said.
And off she went, back to the TV to catch up on the fight.
So to SUMMARISE: I now own 2 weeks of holiday anywhere, anytime (except that it runs out in Feb 2009) with a company I don't trust as far as I can throw them. My FREE (processing fee-£49 per person) has turned out to cost me £144. And to top[ it all I've got to pay back £49 each to my two friends who trusted me with their hard earned cash! In total I am now £616 out of pocket! to show how this story is true I'm going to allow the deadline to go by without making use of the holiday at all. Why would I do this? BECAUSE I CANT TRUST BONUS WEEK BREAKS AS FAR AS I CAN THROW THEM!

By the way if anybody out there does trust them please feel free to contact me as I have 2 weeks free if you dare to use them!

OldBill

I suppose that A Bromwich has some reason for posting the above on this thread. Or maybe not.

With regard to Sensor's post regarding credit cards and overseas transactions he is of course correct about the current state of the law, but there is a fly in the ointment at present. As the ruling was challenged in the Lords by Lloyds TSB, and no final ruling has yet been given, some people have reported that the CC companies are hanging back - clearly because they are hoping desperately that the ruling will go their way, and if they have already paid they could not reclaim the money.

The hearing was on 2/3 October and a judgment will be given in about 6 - 8 weeks from that date.

sensor

HOUSE OF LORDS rule to protect credit card purchases overseas ! ! !

LLoyds TSB LOSE appeal [:0]

LLoyds TSB spokesman quote;  " We are disappointed "

I bet they are [:D]

Check out the link;


http://www.myfinances.co.uk/news/credit-cards/use-abroad/house-lords-credit-purchases-abroad-protected-$480779.htm

hughie2

My cc company are holding back desparately saying that we have not proven gross misrepresentation because it was verbal and cannot be proven; and that there is no breach of contract as we did not complete the deal. I am planning to respond referring to unfair contract terms and fraudulent misrepresentation because there was an intent to deceive. In our case we were not advised that there is no protection for the £10k joining fee and that the holiday concept was a company.

Boss Man

Is a verbal contract not an "inferred" contract ?

Keitht

hughie2,

I would make an appointment with my local Citizens Advice on this one.  They have lots of experience in these areas and, assuming that they agree you have a case, a letter from them is often enough to make a company roll over and play fair.
It certainly worked for my brother in a dispute over a contract in a different area.  He had been fighting for months without success, but when CA got involved it was resolved very quickly.

goose

Two names to remember when anyone cold calls you to sell your time share:
Jay or "J" JENKINS, a very fast talking Irish sounding Female from Holiday Network Solutions. Wants an indemnity of 850 (Credit Card of course) , having found a buyer for our 2 weeks at Gran Anfi.
and
Dave COLLINS who's name appears on blurb as a signatory from the Registration Department of DGS Brokers, Malaga.
Anyone else "dealt" with these people before, perhaps with different firms? I'm thinking of starting a data base, given the number of calls I get to relieve me of 800+ per month!!!

hughie2

Our cc (linked to Mcard) is refusing to payout. They, like many others are saying misrepresentation must be proven so accusations of verbal misrepresentation will not persuade them. The cc also said that we had not taken up membership, so could not definitively prove breach of contract from failure to deliver promised benefits. As if we would risk another TEN GRAND to prove the point.

This will now go to the Ombudsman and I have no faith there will be a result in our favour because he is part of the same finance industry. A verdict against them will open floodgates to levels of claims for which payouts will not be sustainable.

As posted on other forums, until there ia an action group with corroborated evidence of breach of contract, claims against cc's will fail.

jonb

thx Sensor, this is another matter regarding PMC of Benalmadena, Malaga, in trying to recover 600Euros paid in good faith for the sale of our CLC Points, having just managing to get our very recent costs of travel and accomodation back from IHOC, i'm not about to travel out to Nerca in Spain and repeat the whole sorry experience!! Luckily, i paid via Credit Card, Lloyds as a matter of fact, keep you posted!

jonb

hiya Hughie, read your comments with interest, we are in much the same boat with a spanish based company PMC Holidays, based in Benalmadena, near Malaga, that cold called us, and promised a sale of our CLC Points for £4,400. we had to travel to spain though, all costs re-inbursed on conclusion of sale, the usual thing. Upshot is we parted with 600Euros (wanted 1200!) for them to sell our points, we even had an e mail from Mr, Clarke at PMC confirming our sale! it was taking ages to arrange a date, they were enthusiatic at first, once they had our money, less so, to cut a long story short, we were contacted by another company in the meantime, IHOC, who basically promised the same thing, (your details are on a huge database for these people i'm afraid) and as nothing was happening with PMC, we went over to Spain earlier this year, only to find on the day, instead of selling our points for £4,950, payment on the day, we were told, we would have to wait 5 years for our money, on top of that, we would have to part with ANOTHER £3,748 just to sell them!!
Needless to say, we did,nt do it, and got our travel and accomodation costs back, maybe something to do with my Fathers Spanish wife's connection with the local Policia Nationale in Malaga, her brother has been with them 24 years, and is quite highly positioned there, equivalent to Chief Inspector in the Met. Maybe they did'nt want to get TOO involved with him, he has personally my Father that he will push our case, in Spain, you first issue a "Denuncia" against the company you in dispute with at the local equivalent of a trading  dispute organisation back here in UK, once registered, the Police are obliged by spanish law to follow it up, many dodgy "timeshare" operations ,even locally in Benalmadena have been closed down thanks to these guys, they are right on it, make no mistake, our personal contact obviously helps us enormously, we expect some response from PMC very soon, they will be talking to the spanish Policia Nationale otherwise!
Our personal beef with our CC company, through Lloyds TSB, is that, like yourselves, is that PMC are guilty of gross misrepresentation, in which cased they in breach of section 75 (1) of the Consumer Credit Act 2006, which rules that overseas transactions by credit card (gross misrepresentation) are eligible for compensation. In early stages with our lot at the moment, they want a copy of the contract with PMC, and want documented proof that PMC are not trading still, in other words, they are not interested, and will fight my claim.
 So still early days for us, a meeting with CAB next, not had much luck with them previously, maybe a solicitor who specialises in this area next, will keep you informed, can you do the same?!   Good luck.

n/a

I have lived in Spain for many years and cannot believe how gulliable you English people are. Why on earth would you pay someone money over the phone on the strength of them selling your timeshare? If its really some down to that then you might as well rip up your paperwork and ignore the maintainance man! Jon Beer above obviously feels like an idiot for being stung twice. My wife also works for the national Police here in Spain and she says that the police wont pay any attention the the English ripping off the English. This is a fact, if were all so stupid to do it, they don't mind as its money going into their country from another.
Why can't everyone just wake up. I own a timeshare in Orange Lake and when i want to sell it i for sure won't be ringing any companies in malaga!!

OABandit

JON BEER & HUGHIE2 ....
Did you ever get anywhere with recovering deposits from your credit card co?
Similar problem myself with card co. rejecting claim as no 'proof' of verbal sales blarney.

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