After being cold called from so many different firms over the years.. countless times trying to sucker me in for numerous different reasons, I have decided to do the public a service and make my own blog. I will dissect all these companies 1 by 1 in the event to eventually let the world know who are scammers and who are legitimate companies actually here to help us…

Archive for the ‘Section75’ Category

How to Stay Safe

Yourtimeshare recommends that consumers should be extremely cautious of resale companies that:

Make an unsolicited contact i.e. a cold call

Request any form of upfront payment:

Common reasons for an upfront fee are: deposits, administration fees, bonds of trust, surety against withdrawal, insurance cover, validity survey, land registry tax, certificate charge and VAT.

Ensure you always make a payment with your credit card as you would be fully protected under laws governing the use of Credit Cards (Consumer Credit Act 1974 section 75).

Ask for assurances that they will not take any upfront payment.

Never send them your Ownership or Reclaim Certificate.

These people have unlimited imaginations when it comes to stealing your money so don’t trust them – no matter how convincing and reassuring they may seem.

If you have been contacted by any company regarding Reclaim Certificates or CashBack schemes.

Please do not hesitate get contact us directly: yourtimeshare@hush.com

Consumer Credit Act 1974 CHAPTER 39

An Act to establish for the protection of consumers a new system, administered by the Director General of Fair Trading, of licensing and other control of traders concerned with the provision of credit, or the supply of goods on hire or hire-purchase, and their transactions, in place of the present enactments regulating moneylenders, pawnbrokers and hire-purchase traders and their transactions; and for related matters.

Section 75

Liability of creditor for breaches by supplier.

(1)
If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

(2)
Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

(3)
Subsection (1) does not apply to a claim—

(a)
under a non-commercial agreement, F1. . .

(b)
so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [£100] or more than [£30,000]

(c)
under a debtor-creditor-supplier agreement for running-account credit—

(i)
which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and

(ii)
which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]

(4)
This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.

(5)
In an action brought against the creditor under subsection (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party to the proceedings.

Section 75A

Further provision for liability of creditor for breaches by supplier

(1)
If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

(2)
The conditions in subsection (1) are—

(a)
that the supplier cannot be traced,

(b)
that the debtor has contacted the supplier but the supplier has not responded,

(c)
that the supplier is insolvent, or

(d)
that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.

(3)
The steps referred to in subsection (2)(d) need not include litigation.

(4)
For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.

(5)
In this section “linked credit agreement” means a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where—

(a)
the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or

(b)
the specific goods or provision of a specific service are explicitly specified in the credit agreement.

(6)
This section does not apply where—

(a)
the cash value of the goods or service is £30, 000 or less,

(b)
the linked credit agreement is for credit which exceeds £60, 260, or

(c)
the linked credit agreement is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.

(7)
Subsections (2) to (5) of section 16B (declaration by the debtor as to the purposes of the agreement) apply for the purposes of subsection (6)(c).

(8)
This section does not apply to an agreement secured on land.

Any Questions regarding how you stand with any of your card payments that you have not received what they said they would do for you.. Please email us: yourtimeshare@hush.com

Reclaim Certificates.. Is your Cash back or Reclaim certificate due this year?

Is your Cash back or Reclaim certificate due this year?

We are receiving more and more messages from concerned consumers who have their Cash Back / Reclaim certificate due to expire this year and the hopes of getting the money return as promised years ago are slowly vanishing..

With all the publicity and when searching on the web, it has become clear that the likelihood you will get any money out of a Cash back / reclaim scheme is very small and most probably you would stand a better chance to win a lottery.

Cashback schemes or Reclaim Certificates and how they work

As a way to persuade potential buyers of holiday clubs to buy this product, marketing companies are offering Cashback schemes.

Cashback schemes within the discount holiday club industry are redemption based, meaning that clients have the responsibility to claim, and also the return of their investment is based on fund growth, and minimum guaranteed return over whatever period has been stated by the particular Cashback Company.

The amount anyone receives when their certificate matures after several years depends on how successfully the cash is invested, and on how many others make claims.

To make it more difficult, for Cashback certificate holder to be able to claim their money back they have to register it within a certain time, and then they have to claim it within a certain window of opportunity. Miss either set of dates by a day, and they would lose everything.

The real truth is that very few people get any money back at all from these Cashback schemes, and lots of victims complain that they were informed when they purchased their membership by the sales rep, that they would get all their money back plus interests, whereas the Cashback companies, only invest a tiny part of the money paid for the discount travel membership. Reading the articles below you will have lots of info on Cashback schemes, and evidences that support this analysis of how it works.

At the same time it seems that the “bad guys” out there are smelling business and instead of offering guaranteed timeshare sales over the phone they have switched to guaranteed redemptions of the Cash Back Certificate. Companies such as Timesharedisposal.com are claiming to be able to get the money back from the Reclaim Certificate even there where the money has been refused before! This is pure nonsense and this set up has a sole objective to get money out of desperate consumers who had their hopes up to claim some money back.

However, out of all of these so called companies there is one name that keeps coming up.  It seems that “Incentive Leisure Group” have been found guilty and there is money sat in a bank waiting to be claimed back by customers who were scammed back in the day..

So if you have a Reclaim Certificate and were scammed by Incentive Leisure Group.  There is light at the end of the tunnel via one company that I am aware of that has help numerous consumers:

Consultancy Investment Services Ltd

Well we would recommend to start claiming a refund NOW for what you paid to this Holiday Club under the Consumer Credit Act 1974, based on mis-representation and where applicable breach of contract! Having been sold a dubious Discount Travel Membership Club with the promise of cashing back in the money spent after a couple of years is a mis representation on itself!

A lot of consumers are actually waiting to see what happens when they claim their certificate and due to this they do not want to start procedures on asking for a refund for the money paid to companies such as ILG and Club Class. Well did they not tell you they were not linked to this cash back when selling you the membership? Why then should you wait? The sooner you start claiming your money back the better!

Some names of Cashback companies / certificates are:
Incentive Capital Return ICR Inversion Claims Services, Inversiones Cash Back Services, Cash Rebate, Cashback Europe PLC, Cashback Sales & Administration SA, Hyprafund, Inversion Cashback Services ICS, Loyalty & Rewards LLC, Loyalty Reward Scheme S.L., Reclaim Capital SA, Reclaim Ltd, Retrieve Ltd, Reliance Reward Trust, RPI Redemption Plan and many others…

Which one do you hold?

In the following articles Incentive Leisure Group, Designer Way Vacation Club & Reclaim Ltd are mentioned. However be aware that this information is provided by the British Media and NOT by RDO Enforcement / Mindtimeshare;

UK’s ASA Bans Cashback Promo of Reclaim Ltd – January 2011 – ASA
http://www.asa.org.uk/ASA-action/Adjudications/2011/1/Reclaim-Ltd/TF_ADJ_49617.aspx

Incentive Leisure Group goes under liquidation / Reclaim Ltd mentioned – January 2011 – ILG
http://www.leisuregroup.net/

Incentive Leisure Group, Designer Way Vacation Club, Cashback Reclaim under the spotlight – Personal Travel Group is the “new” product of Incentive Leisure Group -October 21st BBC
http://www.bbc.co.uk/blogs/watchdog/2010/10/time_share.html

ILG/ Designer Way Vacation Club under the spotlight (Reclaim briefly mentioned) – August 2009, The Guardian.
http://www.guardian.co.uk/money/2009/aug/30/margaret-dibben

Saying ‘no’ to timeshare Cashback offer from Incentive Leisure (read first part of the article) –Reclaim Ltd and other cash back used in the past by ILG explained – February 2009, Daily Mirror
http://blogs.mirror.co.uk/investigations/2009/02/saying-no-to-timeshare-cashbac.html

Holidaymakers caught in Incentive Leisure and Cashback Promotions snare – January 8, 2009, Daily Mirror
http://blogs.mirror.co.uk/investigations/2009/01/holidaymakers-caught-in-in cent.html

Exposed: The holiday club rogues behind Timelinx, Designer Way Vacation Club, Incentive Leisure – March 2007, Daily Mirror.
http://blogs.mirror.co.uk/investigations/2007/03/exposed-the-holiday-club-rogue.html

The Reclaim time bomb is ticking louder, July 2005 – This is Money.
http://www.thisismoney.co.uk/news/columnists/article.html?in_article_id=401923&in_page_id=19&in_author_id=5

Designer Way’s world of dodgy promises, May 2005 – This is Money
http://www.thisismoney.co.uk/news/columnists/article.html?in_article_id=400540

If you have any question or doubt about your CashBack / Reclaim Certificate.

We are here to help, and can offer independent, confidential advice on such matters.

Please let us know: yourtimeshare@hush.com

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