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Timeshare Section 75 Consumer Credit Act

Please help!

First time on any forum , so please be patient.

In a nut shell i've been scammed like thousands before me! I'm trying to recover over £25K and contacted 'Cancel Our Timeshare' who turns out to be ITRA( International Timeshare Resell Assocaition).

We(Missues and I) had a face to face meeting and were recommended to pursue the bank for our loss due to misrepresentation, as the bank had paid CLC (timeshare company), and we paid the bank, though we did pay the deposit on a credit card, alls fine at this stage, signed some paperwork and left.

Today I get a call asking for a £500 fee for ITRA to pursue this on our behalf. At the meeting we were not advised of any fees and i'm perturbed by the lack of transparency.

Having researched section 75 , it seems pointless giving £500 away for someone else to fight your corner when you can do it yourself - admittedly with more pain, grief and time wasted!

Has anyone been in this position who can offer some advice?

Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Another scam, all they do is write to the CC who will decline their request for a chargeback, they tried and keep the £500. Is it not common semse to expect there to be a fee, do you think they work for nothing?

    Phone the S75 department and explain it to them and ask for the claim to be started, have all the evedince that you have been scammed and take it from there. Expect a long fight and go through the FSA when S75 reject your claim.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How was it misrepresentation?
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    For gods sake DO NOT PAY ANYONE ANYTHING......

    Have a look at Timeshare.org They have ALL the advice you need to take it forward.

    Just how much over £25K are you looking at?

    Timeshares are not a easy thing to deal with. You are going to have to provide a lot of T/C and other paperwork to prove your case.

    So be prepared for a long drawn out case. This will not be resolved in weeks. You are looking at months.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • Thanks for the response and advice.

    ITRA will fight this under S75 for a 40% of the recovery, we keep 60%, they started on a no win no fee basis , now its a £500 fee with a 60/40 split. . In total the claim is for £29,800 - so we are not talking small sums, if ITRA are successfull they keep close to £12K, so plenty of incentive to ensure a successful outcome. In my state of mind some money back is better than losing the whole lot, not to mention the annual £1500 management fees which increase way beyond infaltion each year. I just want to get out of the whole miserable scam, but it will easier to get out of deal with Satan!

    Misrepresented on the basis when we took out this timeshare/holidayshare/points system, we were fed a load of garbage to sign the dotted line, none of it transpired to be true. e.g i was advised we could trade back the policy , they would resell the policy if we wanted to give it up, there would be a surrender value - it turns out to be worthless, we are unable to select the destinations we require, holidays in England are booked up 4 years in advance, the list goes on.

    S75 states the misrep can be oral or written , hence we have reasonable grounds to make a claim. i'm prepare for a long fight.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    edited 11 July 2013 at 5:21AM
    Dino2119 wrote: »
    Thanks for the response and advice.

    ITRA will fight this under S75 for a 40% of the recovery, we keep 60%, they started on a no win no fee basis , now its a £500 fee with a 60/40 split. . In total the claim is for £29,800 - so we are not talking small sums, if ITRA are successfull they keep close to £12K, so plenty of incentive to ensure a successful outcome..

    Well, while they may have a incentive if the CC co stick their heels in. It will make no difference. On this kind of amount it will not be a easy fight to get any money back.

    Interesting how the amount is just £200 under the £30K limit.... Fishy.

    You are going to have to provide ITRA exactly the same paperwork that you would have to provide your CC.

    In the end your call.... But what a waste of YOUR hard earned money.
    A quick look at their site provides no solid address details.
    They have been going since 2007 trying to win money for people, yet provide NO case history of winning anything...
    They simply sound like a bunch of no win no fee leeches.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I suspect your biggest problem would be if they denied it the produced a signed document stating the contrary. Wouldn't look good
  • Are timeshare owners especially gullible/thick????

    You get scammed for £30k on a timeshare.

    Then you get scammed for 40% of that if you get it back.

    Then you're considering another £500 down the drain.

    Please send me some money, as you appear to have a lot of it to waste.

    HTH
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