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

whitewing

Been busy lately, but still here and still care.

Gomer's Guide:

http://forums.moneysavingexpert.com/...html?t=1412867

We think you may be running out of time to do a refund via your bank.
We believe the time limit on some claims to be 120 days.

JH808

Hi,
We have now had a third letter from Tesco Credit Card saying they are sorry BUT(!!!...) and enclosing a Financial Ombudsman leaflet! In the meantime we are now intending to pay up as we are incurring interest on the £210. Their reason: as the tickets were £25 each Section 75 does not apply but they have made no reference to my requests for chargeback.

Is it worth writing to the FOS? What should I say?

Any opinions greatfully received. Thanks

whitewing

Hi JH808,

Did you contact Consumer Direct/Trading Standards:

http://www.dorsetforyou.com/index.jsp?articleid=390730

"Trading standards is providing more detailed guidance in a letter to any consumers who have notified them that they have paid more than £100 on a credit card and failed to obtain a refund from their credit card company."

If you haven't already done so, see what this letter says before you take it down the Ombudsman route.

codger

JH808 wrote: »

Hi,
We have now had a third letter from Tesco Credit Card saying they are sorry BUT(!!!...) and enclosing a Financial Ombudsman leaflet! In the meantime we are now intending to pay up as we are incurring interest on the £210. Their reason: as the tickets were £25 each Section 75 does not apply but they have made no reference to my requests for chargeback.

Is it worth writing to the FOS? What should I say?

Any opinions greatfully received. Thanks

The Financial Ombudsman Service is a largely inert, if not entirely supine, agency with no regulatory powers at all -- "we have no authority to interfere in commercial decision-making processes" -- and depends entirely on the goodwill of the financial services sector to achieve anything at all by way of consumer assistance.

Obviously, the financial services sector isn't in the business of manifesting goodwill but of protecting profit.

You could not normally go the FOS route anyway unless you have given Tesco CC the opportunity to investigate itself and find itself blameless -- unless, of course, Tesco is saying to you that it is satisfied its conduct is correct, hence the FOS leaflet.

Tesco is a franchisee for MasterCard and MasterCard, quite frankly, stinks: Visa, be it credit card or debit card, is now the best option for any consumer looking to a responsible, reasonable provider.

The FOS is on record as saying it, er, sort of, um, quite likes the chargeback, but that was some years ago and of course since then it has done absolutely nothing to insist that the situation be regularised (again, it pleads it can't: it has no control over what the financial industry actually does.)

Best to take whitewing's excellent advice and talk to TS before doing anything else -- and then after that, insist that Tesco / MasterCard institute the chargeback process, because you actually need it in writing that they're refusing to embark on that course if you're to stand even a minimal chance of success with the FOS.

If you leave it as a Section 75 dispute, then all that will happen is that the FOS will parrot back to you what Tesco / Mastercard has already said. If you have written confirmation of a refusal to implement a chargeback, at least the FOS won't have wiggle room.

Lots o' luck.

whitewing

Hi JH808,

Just wondering how you got on with Trading Standards? Did you speak to them?

---

I had a quick google to see if there was any more news on potential legal action, but can't see any mention of anything new.

Lapland UK (no association with Lapland NF or WM) are the only folks who appear to be referring to the closed-down sites recently, as their tickets for this year go on sale, reminding consumers that they had requested the NF version to change their name etc.

http://www.thisissussex.co.uk/news/Tickets-sale-year-s-Lapland-experience-Bewl-Water/article-906492-detail/article.html

http://www.kentnews.co.uk/kent-news/Forget-summer-and-start-saving-for-Christmas-newsinkent23988.aspx?news=local

Any other updates from anyone would be of interest, so please feel free to post. I'm guessing (but don't know for certain, so seek advice) that the date for new chargeback claims has now passed. I wonder if the banks' tactics are changing for any reason?

I presume though that one could still get in contact with Grant Thornton to register as a creditor.

steve999uk

From portsmouth.co.uk (search site for lapland)
The boss behind a winter attraction accused of ripping off hundreds of people from across the region has failed to appear in court to face charges.

Magistrates at Wimborne in Dorset were told that Victor Mears, 66, who put on the Lapland New Forest at Matchams, near Ringwood, had been advised not to travel more than 30 miles from the Royal Sussex Hospital in Brighton after suffering kidney failure.

People were charged up to £30 each for an event billed as a magical winter wonderland featuring snowy scenes, real log cabins, a nativity scene and huskies.

But complaints soon poured in after it opened on November 29 last year, with 5,000 people contacting to trading standards. It closed on December 4.

Trading standards have brought nine charges against Mears and his brother Henry, who was an officer of the company.

Henry Mears, 59, attended the hearing but did not enter a plea.

Both brothers, from Brighton, have now been ordered to appear before a district judge at Bournemouth Magistrates’ Court in November, when they are due to enter pleas.

Magistrates remanded the pair on unconditional bail and demanded medical evidence be presented should Victor Mears be unable to make the next hearing.

whitewing

Steve,

I've only just seen your post. This is good news that there is legal action being taken by Trading Standards. It's the time of year for Christmas scams to start so hopefully this'll make a few consumers more aware and put off a few scammers!

Here's the link to the above article:

http://www.portsmouth.co.uk/newshome/Man-behind-wonderland-event-fails.5620183.jp

whitewing

And a little more detail here:

http://www.thisishampshire.net/news/4581408.Winter_blunderland_boss_misses_court/

"The pair, from Brighton, West Sussex, face charges relate to misleading adverts and the way in which the event was run.
Gary Lucie, prosecuting, told magistrates the council would like the case committed to the crown court.
Magistrates can only impose a maximum £5,000 fine, whereas the crown court can impose a custodial sentence or an unlimited fine. "

steve999uk

According to the BBC (go to BBC website the story is under News>England>Dorset) the case has now been committed for trial at Bournemouth Crown Court.

Steve

EdnaCloud

Hello whitewing et al, I have been out of circulation for some months due to illness. Problem is now responding to treatment and I am finally up to being on line again. I am sorry to have let my friends down. Hopefully I can be here for any new scams for this season - I am keeping an eye out.