Conning older people over the phone - Grrr - please help?

pippitypip_2

Hi all,

I really need some help on behalf of a friend of mine. Her Mum (in her late eighties) lives on her own (by choice unfortunately she won't move in with my friend and leave her house).

She keeps getting conned into spending huge amounts of money she can't afford by people calling unsolicited by phone. Now I'm sorting out TPS etc but that won't stop outside the UK.

Her Mum doesn't even understand what she's signing up to when she gives her card details out to all and sundry over the phone and then gets terribly upset when she doesn't understand why she has so little money in her account.

Anyhoo - this US company Florida Travel & Tours have called her and conned her into signing up for a holiday package to the US (flights not included) that she wouldn't even go on. They've taken £600 from her credit card and she didn't know why but it turns out she's gone past the 7 day "change your mind" period (by quite some time before my friend found out) and they've sent her a brochure etc.

My friend rang them in Florida and they say they've done everything right and she can't cancel now but they'll extend the validity to up to a year to take the trip or charge £200 to change the name to my friend (again unsolicited who doesn't want it) as a goodwill gesture! blooming cheek!

My first question is does the Consumer Protection (Distance Selling) Regulations 2000 Act cover the US? Cos if all's not right with the sale, I think they extend the cancellation period to 3 months if I understand correctly?

And secondly - is there anything we can do to get her Mum's money back?

Incidentally she's also been charged £2,000 by a French company for a dinenr plate set!!! I don't have the details on that yet to investigate but there must be something that can be done surely?

She thinks they're all lovely people calling to chat to her so she willingly takes the calls and says yes to everything without understanding what she's signing up to at all.

Unfortunately she's also been got by a UK co who charged her £1500 for a new door and they insisted she go to a bank and pay them in cash. This has been reported to the police though.

It's an awful state of affairs really.

Any help with the Florida co, would be hugely appreciated. I'm hoping I guess to find a head office name/ email address and then I'll word the email for my friend to send off but just don't know the law here..

Many thanks,
pippitypip

>>>>

http://www.opsi.gov.uk/si/si2000/20002334.htm

Information required prior to the conclusion of the contract
7. -

(2) The supplier shall ensure that the information required by paragraph (1) is provided in a clear and comprehensible manner appropriate to the means of distance communication used, with due regard in particular to the principles of good faith in commercial transactions and the principles governing the protection of those who are unable to give their consent such as minors.

Cancellation period in the case of contracts for the supply of services
12. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of services begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (4).
(2) Where the supplier complies with regulation 8 on or before the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded.

(3) Where a supplier who has not complied with regulation 8 on or before the day on which the contract is concluded provides to the consumer the information referred to in regulation 8(2) and (3), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the contract is concluded.

pippitypip_2

FYI these are their details, so also go under the name of FCT Travel Wise or First Class Travel Wise.

FCT Travel CI

Florida Travel and Tour
2230 Winter Woods Blvd, Suite 1010
Winter Park, FL 32792

Customer Service # 001-866-998-0185 & Reservations # 001-877-948-9889

[EMAIL="CustomerService@F1oridaTrave1andTour.com"]CustomerService@F1oridaTrave1andTour.com[/EMAIL]

hollydays

http://www.elderabuse.org.uk/Mainpages/Helpline.htm

She could try this helpline

pippitypip_2

hollydays wrote: »

http://www.elderabuse.org.uk/Mainpages/Helpline.htm

She could try this helpline

Thanks hollydays but I don't think this comes under that as this is what they investigate:
Often, the people who abuse older people are exploiting a special relationship. They are in a position of trust, whether through family bonds, friendship or through a paid caring role, and they exploit that trust.

Unfortunately it doesn't cover strangers by phone from what I can tell.

I think first priority is to get the money back and second is to figure out how we can block more of these calls.


Thanks though,
pippitypip

Tozer

Real sympathy with this situation. Sadly, I'm not sure what can be done.

I would be inclined to take it up with the card issuer and say that she was under duress to pay. I would also be very tempted to try and see if there are any local (i.e. Florida) trading standards-type bodies that may be able to assist.

On any analysis, their conduct is shameful.

hollydays

I think they mention financial abuse on there,which comes in many forms,exploitation,as here.I think I would contact them for advice all the same.
It's freephone and they might be able to put her intouch with someone else,this isn't uncommon,I believe.
http://forums.moneysavingexpert.com/showthread.html?t=788085&highlight=elderly+scam

This thread may have some suggestions about the phone.

pippitypip_2

Thanks for the advice everyone.
I've passed the following on to my friend and maybe over time we can get something done?

get her phone number changed - request the new number to be ex directory and register it with TPS. That should stop others calling her with new scams as her current number will be circulating on many lists by now.

abuse helpline 0808 808 8141 http://www.elderabuse.org.uk/Mainpages/Helpline.htm

Ask for a charge back from the credit card people

an email to the company, copying in the Florida Division of Consumer Services and the Florida Governor for help!
(found this link on the company http://www.consumersteam.com/Home/first-class-travel-wise/where-to-get-help - loads of people had the same issue in the US and here: )

Thanks again and will keep updated.

pippitypip.

Tozer

Nice one.

Just one more idea - find out if the the DTI or British consulate can put a little pressure on the local authorities to do something. I've seen this done in commercial matters when an overseas debtor won't pay.

Pollycat

I agree, it's awful for old people to be conned in this way.

Once you get her sorted out with TPS, can your friend sit down with her Mum and explain the importance of not giving her new phone number out willy-nilly, otherwise she'll just end up on new lists.

Also, can your friend explain that she should say a firm 'No' when someone she doesn't know calls her trying to sell something.

I got my Mum & Dad a phone (cheap from Argos) that shows who the caller is and it also has an answerphone.
If anyone rings after 5pm and the number is withheld, they ignore it.

They have the most hilarious message left on the machine by someone obviously in an indian call centre and none of us (even my OH who has worked with a lot of Asian people and is attuned to accents) can understand anything he says.
We play it everytime we go up and all of us end up in fits of laughter.

pippitypip_2

Thanks Pollycat, unfortunately since my friend's dad passed a year ago she's been like this and my friend's only really recently found out what's going on.

Unfortunately you can say what you like to her but she refuses to listen and doesn't believe they're just not nice people. She doesn't understand where her money is going but won't agree there's a link between the two and is thrilled she's getting a dinner set that just cost a pound, personalised from France (actual cost £2k con) etc. etc.

I'm not sure she gives her number out a lot, I think it's just that she's obviously on a calling list now and it must be being sold as a real winner! If she's off the lists it would be a big help I think.

Very sad though.

pippitypip

Pollycat

Although signing up to TPS will help, if she doesn't believe she's being talked into buying something she doesn't want at a massively inflated price, it's going to be hard for your friend to keep an eye on things.

At least my Mum KNOWS that she's not supposed to change her energy supplier etc.
In fact, someone rang her and she shouted down the phone "My daughter says you're not supposed to ring me and if you don't stop ringing, I'll report you".
Heaven knows who was on the other end - but I think they got more than they bargained for. :rotfl: