WHY YOU SHOULD ONLY TAKE SPECIALIST ADVICE
We have written at length, over the past few years, about the proliferation of unregulated companies, offering their services to supposedly get consumers out of their timeshare memberships. This always involves the payment of money up front and invariably results in nothing happening. Thus, on top of the vast outlays that consumers have already made to obtain their timeshare memberships, they then pay out large sums for a service which is never provided.
Of course, there are certain things that consumers can do to protect themselves. One of the main ones is to make payments by credit card. Section 75 of the Consumer Credit Act 1974 confers the same liability on the credit provider as the seller. In short, this means that the credit card provider is as liable to a consumer as the company which sold the product, even if only part of the payment is made using a credit card.
Whilst most consumers assume that this is an automatic right to a refund, IT IS NOT.
There are various tests which a consumer must overcome, in order to qualify for a refund. Nonetheless, some credit card companies refuse a claim without investigating it, forcing a consumer to either give up or submit to the jurisdiction of the Financial Ombudsman Service (the “FOS”).
Our advice remains the same:
- DO NOT pay money to non-regulated companies concerning your timeshare membership.
- DO take advice from a regulated firm of solicitors, such as Sarah Waddington Solicitors.
What could go wrong?
Potential pitfalls regarding Section 75 claims have been brought into stark contrast this week. We have completed a great number of claims and have obtained almost £3.7 MILLION in compensation for our clients. We understand how the rules work and, more importantly, what the banks and credit card companies require for a successful claim.
For example, we were instructed by a client to make a section 75 claim on his behalf. We obtained the necessary documentation and drafted the letter of complaint to the bank. Upon sending the letter of claim to the credit card provider, we were informed that the client had previously made a section 75 claim themselves and this had been rejected. One can only make a second claim arising out of the same transaction in exceptional circumstances, and as no such circumstances existed in that case, unfortunately that client no longer has any recourse against his credit card provider and will not get a refund.
NO WIN, NO FEE.
We are aware that consumers are reluctant to instruct solicitors to pursue such claims, on the basis that they have already lost money to timeshare companies and do not want to pay any more out. That is perfectly understandable. We do charge a fee for our work, but this is only paid if we are successful.
So ask yourself!
Ask yourself one simple question: would you rather have 75% of something, or 100% of nothing?
This firm has been dealing with timeshare matters for the best part of a decade. We have unrivalled expertise in helping consumers get their money back when they have been scammed by unregulated companies. So, call us today to discuss your claim, free of charge, and what we may be able to do for you.
Sarah Waddington Solicitors
Sarah Waddington Solicitors do NOT work with any 3rd parties and are not working in partnership with any other companies. If you are told otherwise, please get as much detail as you can and forward it on to us. We will deal with it appropriately.
If you want any assistance please feel free to get in touch with us on 01924 601 097, or request a call back
Finally, remember any genuine solicitor will be extremely careful to manage a client’s expectations. They will be honest and realistic with what could possibly be achieved in regard to your individual case. If someone claiming to be a lawyer or solicitor has been in contact, be sure to do your research and check if they are regulated by the SRA and if the individual is registered as a solicitor.