Section 75 Consumer credit act 1974

NewbieMoneySaver**

Hi all.

I have had this problem for nearly a year now and still its ongoing. Just thought I would ask you lot for any guidance.

I'm trying to sell my timeshare and stupidly fell for the Etoo advert and then went and paid them £850. As we all know now, they are a fraudlent company and thats not just me thats also from the 'Timeshare consumers Association'.

Well I have tried to claim the money back from my credit card company (Lloyds) under the above act due to being misled by Etoo.

I'm just postiong this really to find out some more advice and also to see if anybody has been successful in there own attempt on this.

Hope this is ok.

Thankyou very much

NewbieMoneySaver**

Hello, can somebody tell me if this is in the wrong place or can nobody help?

Sorry to ask again.

Cheers

Altarf

Have you written to the bank, or have you just contacted them by phone? If you have just spoken to their call centre you will not get anywhere as the staff are not trained to deal with such queries.

You need to put the full basis of your argument in writing, and when they deny your claim again (which they probably will), follow their complaints procedure to push the issue further up the management chain.

Also stating that they are a "fraudulent company" and backing up your claims by referring to a self appointed website, isn't going to help your case. You will need to specifically show what part of the contract of services that the company you contracted with has broken.

NewbieMoneySaver**

Yes we did write to the bank. they just said to write a recorded delivery letter to etoo and then get back to them. Since then I have spoke to the timeshare consumer association and they have confirmed that etoo are a fraud company.

Thanks for your input.

Altarf

The timeshare consumer association is a self appointed interest group, and although they may have an opinion on etoo, it is nothing more than that, an opinion and I do not believe will aid your claim.

The bank is trying to fob you off, which is the standard procedure. Section 75 Consumer credit act 1974 makes them 'jointly and severally liable' with the supplier. The bank will tell you (as they have done) that you must deal with the supplier first. This is not true, it is your choice whether you choose to deal with the supplier first or the bank. It is not a situation where the bank's responsibility only kicks in once the supplier has failed to deliver, they both have equal responsibility.

Obviously in most situations it is sensible to deal with the retailer / supplier first, to give them a chance to sort it out, but there is nothing to say that you have to.

Since you have had the problem for a year, then clearly you have exhausted your options with etoo, so I would forget about them and just deal with the bank. As I said before, you will need to be clear and forceful with them, describing precisely what the supplier has failed to do (and that is not just being a 'fraud company') and push it through the complaints process if necessary.

NewbieMoneySaver**

That's really good info. Thankyou very much Altarf. I will be sending one more letter on Monday with a deadline of 7 days, then I will be going back to the bank.

Cheers