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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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On 08/03/2006 I paid the deposit £1993.59 on a timeshare with

Customer Question

On 08/03/2006 I paid the deposit £1993.59 on a timeshare with Club-Class in Tenerife using my credit card. My statement identifies it as Holiday Warehouse who were the marketer for Club-Class. The balance was paid in one instalment by bank transfer ex my bank account. Holiday Warehouse describe themselves as an independent entity authorised to sell holidays for Club-Class and Leisure Alliance. The timeshare was never used as my late wife was a wheelchair user, something they were aware of when they sold us the timeshare, and the venues suitable were only available at extra cost. Club-Class are now in liquidation and firms are asking me to pursue a section 75 claim at a cost of £599. Do I have any chance of success?
Graham
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

Alex J. :

Hi, Thank you for your question and welcome. My name is XXXXX XXXXX I will assist you. If you have paid for anything on a credit card that is over £100 and you have not received what you expected because of Insolvency or improper performance the creidt card company must guarantee it under S.75 of the Consumer Credit Act.

Alex J. :

You do not need any to make this claim for you, you can do it yourself, it is not worth spending £600.

Alex J. :

Here is a template from Citizens Advice Bureau that tells you how to claim http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_extra_protection_when_you_buy_on_credit_or_debit_card_e/consumer_credit_act_1974_-_section_75.htm

Alex J. :

Follow the instructions and send it to your credit card company.

Alex J. :

If they do not acknowledge or respond to your claim them make a complaint to the Financial Ombudsman


www.financial-ombudsman.org.uk/‎

Alex J. :

Can I be of any further assistance? Kind regards

Alex J. :


AJ

Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your answer, I will have a go myself and have left a tip.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you very much.

Please do not hesitate to contact me if you would like any further assistance.

I wish you the best of luck.

Kind regards

AJ
Customer: replied 3 years ago.

Following your advice I cancelled my payment of £599 from my credit card to Gold Crown Solutions using the distance selling regulations.


Lisa Bourne said she would notify Vince Cable (who forced Club-Class


into bankruptcy in 2012) that I was not interested in pursuing a section 75 claim against Club-Class. Can she do this?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The S.75 claim is against your credit company not against Club Class.

It is your credit card company that have to refund you. This has nothing to do with Vince Cable.

Report these people to Trading Standards because they are providing you with misleading information.

Kind regards

AJ
Customer: replied 3 years ago.

My question has transmitted with gaps. Gold Crown Solutions have reluctantly agreed to refund the £599 for their services providing a s.75 against Club-Class. I intend to do it myself. Lisa Bourne of Gold Crown, says she will advise the bankruptcy people that I am dropping my claim against Club-Class. Can she do this?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

No she cannot, she has not right to do this. You must tell her she has no right to correspond with anyone else on your behalf, if she does say you will at worst consider it fraudulent behaviour and reserve the right to contact the police or Trading Standards.

She has no right to communicate with anyone on your behalf without your consent.

Kind regards

AJ