Lapland New Forest Scam. How to get money back...

EdnaCloud

CazandCo, I would suggest reinforcing what has been said on the phone by letter. Gomer, who knows this area far better than I, will advise if I am incorrect but regardless of what has been done on the phone a letter detailing the content of the conversations, sent to the relevant CC department with a copy retained may be an advisable piece of back up collateral. Also if possible it is worth keeping a log of all calls, the times, the person spoken to and the outcome. I know this may now be after the event and not possible but if your mother can cast her mind back and record as much as possible it may be of use in the future. Also, if your mother has itemised billing from the phone company it is worth keeping the pages relating to the the calls made to the CC Co. They cannot then claim no call was made, should they dispute the dispute, so to speak.

This may seem a bit OTT and may be unnecessary, but I'm sure Gomer, or others will put me right if I am off track.
rgds
Edna

GomerPyle

In the mean time I found this, which clears up the notion of how to make your claim if you used a credit card or debit card - which was confusing me too.

It appears (and anyone please correct me if I'm wrong) that you are best to make your claim as a 'CHARGEBACK' (if it qualifies) whether it's a credit card or debit card, to avoid implementation of the rule about the cost of each item having to be over £100 under section 75 claims - and anyone who got rebuffed on this first time round - do it again as a 'chargeback' why don't you ?

http://www.wrapitcustomers.com/content/chargeback

QUOTE
Which? focus on Chargeback
Few people know that certain debit card payments – and credit card payments of less than £100 – may be protected if things go wrong. Here’s how ‘chargeback’ works
–
What is chargeback?
Chargeback allows you to claim compensation on some card payments from your card provider. It can be used for breaches of contract, for example if goods don’t arrive, including when the seller has ceased trading, or where goods are damaged or aren’t as described. This includes goods that are bought online. Chargeback might also be used in some fraud cases, for example if a statement shows a purchase that you didn’t make. The quickest way to sort out problems with an item is to contact the retailer, but chargeback can be useful if that doesn’t work. Which cards does chargeback cover?
The scheme applies to Visa credit and debit cards, prepaid and store Visa cards and MasterCard credit cards.
Maestro debit cards aren’t usually covered, except where goods ordered over the internet aren’t delivered.
Chargeback provides similar protection to section 75 of the Consumer Credit Act 1974, but it can also be used for credit card purchases where section 75 doesn’t apply – that is, on purchases below £100.
How do I claim?
You must address your claim to the bank that provides your card, which will put in a request to the seller’s bank. this is best done by phone. You should get your money back from the seller’s bank, even if the seller has ceased trading. You have at least 120 days from the day you’re aware of a problem – but the start date can differ. For example, if you’ve booked flights with an airline that goes out of business, the time limit starts from the day the flight was due to depart.
What if I have trouble making a claim?
Ask to speak to a supervisor at your bank if your claim is being blocked – some staff may not be aware of this protection. Chargeback isn’t enshrined in law, unlike section 75 – but the Financial Ombudsman Service (FOS) has deemed that allowing chargeback is ‘good practice’ as it is widely accepted by the banking industry. If you encounter difficulties making a claim, you can refer your case to the FOS within six months of your final contact with the seller’s bank.
UNQUOTE

I would chase your bank up CazandCo, but if you allow the time period they quoted to elapse, I think they'll have a hard time justifying a rebuttal of your claim after that length of time, and if they did, then you could make a claim on them that the delay was unreasonable. Anyone one disputing an unfair claim should be capable of responding quicker than that.

FANTASTIC - that means Trading Standards are giving out duff advice to consumers about their ability to obtain refunds and discouraging them from believing they have any chance of getting it back. Would you believe it ? - sadly yes.

I feel a very grumpy e-mail is going to go to Trading Standards overnight telling them to reconsider the poor advice they are giving to consumers. GRRRRRRRRRRR!!!!!!!!!!!!!!

EdnaCloud

Spark101 et al,

I note the number you have is an 08700 number. This is a premium rate phone number and may cost up to 8.9p +VAT a minute (from a BT line) and is unlikely to be less than 5/6p a minute from a land line, much more from a mobile. Calls will generally not be included in any calling package. I would suggest trying this national number: 01604 254689 for Barclays Debit Card Services. I can't guarantee it works but best to dial that before any 0870 number.

see: http://www.saynoto0870.com/
for more detail

GomerPyle

I'll e-mail Trading Standards Dorset and give them a short time limit to respond and then contact papers to advise them of their further failings.

Let's see how fast they react to that.

I'll start with that reporter on the Bournemouth Echo. This has made me so angry. Trading Standards have been more of a hindrance than a help - I don't believe it (my Victor Meldrew personality says).

I'm more of a termite attack than a shark attack, and most opponents give up the will to live. Maybe an e-mail to Vic too ?

CazandCo_2

Ok, i have emailed Mum and advised her to back up her telephone call today with a letter to Halifax. It does seem to be best to have a written record in case it gets refused.
Thanks to your invaluable support and advise folks.

I will update you when i know more.

GomerPyle

Please do CazandCo - it's going to be hard for LNF Ltd to accept one chargeback and not another, and claiming it was all a roaring success would be unbelievable, if not hilarious.

I've e-mailed Trading Standards and, if they work on a Saturday, I have asked them to contact me before 12.00 am to advise me what remedial action they will take to advise consumers more accurately what their rights are, other than just waiting to get a payout (of nothing) from the liquidator or section 75 claims which can be rebutted with the per item limit.

If they don't do it - I will. If anyone can think of any action that Trading Standards in Dorset have taken to help consumers, please let me know, because I can't think of it.

QUOTE
Thank you for your enquiry/message to Dorset County Council.

Your message has been passed to the appropriate member of staff and a reply
will be sent as soon as possible, normally within 10 working days..............................................
UNQUOTE

I won't bother waiting then. Their mistake.

I'll ask the reporter in Bournemouth if he wants to run with it, out of courtesy, otherwise I'll circulate widely myself.

wuzzelbird

Hi
New to this Forum but been reading since found the link when LNF "fiasco" started! Duly contacted my credit card (CapitalOne) to ask for a form. Frustratingly you talk to someone in an Indian call centre who has NO IDEA what you are talking about and has not seen our "local" press to know what is causing such an upset! They were more interested in asking to about balance transfers........
Anyway I digress. Semt form back on 5 Dec with all sorts of supporting info incl a reference to this forum. Told I had to wait 21 days for a decison. Rang on New Years Eve to be told its 21 WORKING days even tho their info didn't mention that word. Checked my account Monday and my £125 was back plus interest. No phone call yet or letter as promised so I'm hoping its a final decision and not one that is pending further invetsigation on their part.
Thought I'd take the time to join and let you know as no mention of Capital One on this link that I can see. If anyone else is turned down by them they have set a precedent.
Many thanks to all the regular contributors - very interesting reading, especially Gomer Pyle and Edna!
:beer:

whitewing

Gomer/Edna,

You may want to copy Caroline Overington on your emails. She has already blogged about Lapland

http://blogs.theaustralian.news.com.au/coverington/index.php/theaustralian/P30/

and is an award-winning investigative journalist. She may have journalist friends in England that she can point you in the direction of.....

______________________________________________________________

ATTENTION PLEASE! Added mid-Jan 2009: Just as a reminder, the latest Lapland New Forest Refund Guide is here:

http://forums.moneysavingexpert.com/showthread.html?p=17633351#post17633351

EdnaCloud

<rant>
No wonder so many scammers, dodgy spivs and chancers get away with it - what if there where a trading standard issue at, lets say a funfair, 10 days response time is far too late. If I said to a customer of mine, who had a serious issue and it involved multimillion pound amounts, and I was already involved with the investiagtion, that it would take 10 working days for me to respond I would likely (and rightly) be lynched. I would have pager alert on receipt of any email with any appropriate key-word in the subject and it would be a 24x7 watching brief - not for Dorset TS it seems - let's laze around for another 2 weeks when it will all be too late. This shower that the good council tax payers employ are extremely shoddy in my opinion, to echo earlier comments.
</rant>:mad:

whitewing

Gomer,

Consumer Direct is open on Sat morning - maybe they'd like your email instead

http://www.consumerdirect.gov.uk/contact#sendemail

______________________________________________________________

ATTENTION PLEASE! Added mid-Jan 2009: Just as a reminder, the latest Lapland New Forest Refund Guide is here:

http://forums.moneysavingexpert.com/showthread.html?p=17633351#post17633351