Section 75 Claim Incentive Leisure Group

dentay

Like many people I was conned by Incentive Leisure Group to the tune of £7.5k to get rid of my timeshares. The deal involved me surrendering my timeshare certificates; becoming a member of Designer Way Vacation Club and receiving a cashback certificate 6 months after signing up. The payment was by deposit on my Nationwide credit card and balance by bank transfer. I submitted a section 75 claim on Nationwide and forwarded evidence of the three elements of the deal referred to above plus proof of payment and a couple of internet articles describing the ILG scam process. ILG were subsequently sued by the Office of Fair Trading and they closed down. Unfortunately I cannot find my copy of the original contract (probably binned it before I heard of section 75 claims on this website ) and Nationwide have rejected my claim stating that without this they cannot verify that a breach of contract took place. Does anyone know whether this is a valid rejection by Nationwide under section 75? After all I did provide evidence of each transaction and ILG's scam methods are well documented. I was scammed!

Catherine_Taylor

You need to appeal your bank's decision and resubmit it on the grounds of misrepresentation by the supplier, i.e. the verbal misrepresentations they made on the day. In order to do this you will need to submit evidence i.e. copies of the court papers, report by OFT etc and state clearly the differences between what was promised and what you actually received. Remember that the person in the bank will probably have no knowledge of the product so back it up with as much evidence as possible to make it clear. Good luck!

dentay

many thanks for your comments Catherine. I had given up hope of receiving any! However I did not give up with Nationwide and continued to argue my case and provide extracts from the web re ILG's fraudulent practices and the court case against them together with as many documents as I could find to back up my experiences. Nationwide eventually and reluctantly conceded that I had a valid claim and refunded my payments. One victory for the poor defrauded consumer!

Catherine_Taylor

Well done! Glad I could help.