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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I think we have been a victim of a holiday scam. Which

Resolved Question:

Hi I think we have been a victim of a holiday scam. Which reclaim certificate was part of the sale, we have paid a Mr J K Barras money to get our money back also money for spainish Tax on the amount of money owed to us. He's son William has been dealing with us and now says to get the money though the Tax system. We just don't know what to do next.
Yours Mr& Mrs P A Jordan.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How did you originally pay, was it cash or by credit card?
Customer: replied 2 years ago.
Hi it was by bankers transfre
Expert:  Jenny replied 2 years ago.
Was the money sent abroad?
Customer: replied 2 years ago.
No it was sent to his bak acount.the code is 11-05-85 00498952 we paid 3 payment in total.
Expert:  Jenny replied 2 years ago.
So is he based in the UK?
Customer: replied 2 years ago.
Yes this is the address of the person who is dealing with us Mr William Barras. 28 Weston Lane Otley LS21 2DB
Expert:  Jenny replied 2 years ago.
what do the payments relate to then?
Customer: replied 2 years ago.
It was for administration payment and spainish taxes the 3payment where £923 , £550. And £833.75
Expert:  Jenny replied 2 years ago.
An administration payment in relation to what?
Customer: replied 2 years ago.
To the reclaim certificate Reclaim amount£18,450.00
Expert:  Jenny replied 2 years ago.
So did this gentleman promise you originally that if you made these payments he would sort it for you?
Have you asked for the money back?
Customer: replied 2 years ago.
Yes he did. We have not asked for money back because he still keeps in contract with us but keeps moving the goal post . On how we will revive our reclaim certificate money.. We don't know what to do next fo the best ,is this person committing fraud .
Expert:  Jenny replied 2 years ago.
It is not fraud but it is breach of contract if he fails to provide the services that he has offered for the money you have paid.
The correct course of action for you is to send a letter before action to say that you paid him to resolve the issue of the 'reclaim certificate money' and he has failed to do so and you now have serious concerns that he will not do so.
You should give him 14 days to come up with a sensible proposal or to refund your money and say if he does not you will have no alternative but to take him to court to recover the money you have paid.
You will then, if necessary, be able to bring a claim using the form you will find at https://www.moneyclaim.gov.uk/web/mcol/welcome
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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