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Joined: Feb 28, 2007 Posts: 23 Location: formby lancashire uk
Posted: Wed Mar 05, 2008 3:01 pm Post subject:
I have just returned from spain, I had a meeting with my solicitor in Vera
she said the only way to get a refund was now to take Huma to court, this
will cost me 5000e and take 6/12 months.
My solicitor expects Huma to stall and drag out as they have done with
other clients she has, then at the last min on the court steps offer a
refund less costs and no interest, if you will not accept it they then stall
and play for more time.
I decided to look at the Oasis CC, it is so remote I thought I was lost,
at least a 1.5 hour drive to the coast in the summer it must be unbearable and in the winter the locals told me they get frost.....it really is a craphole. go look for your self......Huma must have paid nothing for this hellhole, the locals call it the desert.
Next day I drove to Mazarron to see Huma at the Housing estate had a look round before meeting, I would never purchase here either, no facilities at all, what they pay fees for I dont know.
I met with Huma, told them the full story, no house, 4 year wait, want a refund, will sue, ect ect.......................Huma said swap to Oais or MCC
or pay out more money and take us to court were dont care it up to you.
I now know Huma will have to be sued, they are con men who treat brits like idiots, they have got the money and wont give it back unless forced.
I was lucky I had 2 BGs so I got them returned but still waiting for deposit.
I think I will have to take Huma to court for deposit.
I wonder if in the same action I can sue for interest + costs which I never received from the BGs?
We also had 1 Guarantee refused to pay the second payment and lucky we did! as we have only just received the 1st stage payment back tried for the bank guarantee by going to Huma complete waste of time and money
I am now trying the refund route through visa as we paid with our debit visa card will keep you all updated
My thoughts on Huma cannot be put to paper
I'll post this one again to see if any one has any information:
We paid an initial deposit / first payment in 2004 with a Visa Credit card to Huma. We have the statement.
Has anyone else tried to get a refund of this nature from a credit card company ?
Obviously we are talking to the card company, but would be good to hear from anyone that has been successful.
Today, reading about bounced cheques is very worrying so we need to try any route we can for a refund that exists.
Section 75 Consumer Credit Act
The House of Lords confirmed that Section 75 of the Consumer Credit Act, which allows shoppers who use a credit card for amounts between 100 - 30,000 pounds to pay for defective goods or services CAN claim redress from the card issuer, applies to overseas purchases as well as those made in Britain.
Now whether this applies to a deposit for property is a grey area. Particulary as Huma could argue they are just waiting for building approval from the J of A. So problem is not "actually" their fault.
Suggest you visit your local CAB who will know exactly how this law will apply in your case. If they believe you have a legal right let the CAB deal with it because as an organisation they have more likely to succeed than an individual
I'll try any method. Guess with this Bloody mess we all will !
So CAB is a good suggestion.What we actually paid Huma was a 'first stage payment' as a very first payment the day we signed. (more than €3000) This was what the contract requested at that time. So it was not really a deposit. This was way back in 2004.
Things then altered to people paying something like a €3000 deposit on signing.
Irrespective of the wording you paid for a service you didn't get. And highly unlikely to , anywhere I think, with this company.
I don't want to get your hopes up because although it reads well the 1974 consumer act has many grey areas and credit card companies will use these tactics to deny a request which is why I say inquire with CAB.
Not only do they have access to rulings as they happen they have access to people who know these laws inside out.
And this advice is FREE
If you went on a viewing trip via a UK company make sure you highlight who it was. It may not make your individual case any better but the CAB note the number of complaints against companies and make a report to the Government to stop scams.
Joined: Jan 22, 2004 Posts: 2151 Location: near Albox
Posted: Thu Mar 27, 2008 7:15 pm Post subject:
I'm sure it's worth a shot as is every other possible way of trying to get one's hard-earned cash back from these people. That said, surely the credit card company will argue that this dates back far longer than they would normally allow on, say, a purchase of something 'faulty' or even 'undelivered'. A deposit on a property holds a right to a property and nobody has denied you that right, even if the property hasn't been forthcoming. It would seem to me to be way beyond the liability of a credit card company... even if they can afford it more than those who were caught up in the mess!
Just an opinion...
Joined: Mar 11, 2005 Posts: 764 Location: Piedra Amarilla Partaloa
Posted: Thu Mar 27, 2008 8:22 pm Post subject:
First step is to contact the credit card company, which seems to have been done? What have they said? Do not let them fob you off!
The credit card company should be liable as the contract was not completed, and you did not receive the goods or services, in this case the house. A Law lords case 2nd November 2007 has confirmed that the credit card Company is liable for overseas purchases.
CAB sometimes help, but this is a fairly complicated issue as you will appreciate.
I used to work at the CAB . It is not a tuppenny halfpenny affair but a very professional operation albeit staffed mostly by volunteers.
My particular branch of 20 +people included 3 lawyers .All specialists in different aspects of the law. Every volunteer being chosen for their particular professional expertise.
Even if this were not so ,in every branch, the CAB not only has access to all the latest rulings but contacts that the general public can only dream about.
If there is something that can be done. THEY can help you do it. Particularly in Consumer Law which reads well but is not always that effective.
The CAB aren't miracle workers but as a body can do more than any individual.
You obviously didn't you know it was though their efforts in colating the data then campaigning Government ministers that people were given a cooling off period in the Time Share scandals.
Joined: Mar 11, 2005 Posts: 764 Location: Piedra Amarilla Partaloa
Posted: Fri Mar 28, 2008 12:32 am Post subject:
Don't know why I have rattled your cage. Can't see where I have criticised CAB?
You said"It is not a tuppenny halfpenny affair but a very professional operation albeit staffed mostly by volunteers" Did I give that impression.
Yes I know its manned by volunteers, I was one of them!!
ps off to Spain tomorrow so won't pick up replies for a week or so
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