Carpe Diem

by **Elissa** on Wed Jul 30, 2008 20:06 pm

Dear Amirza
Think I might be late in offering this but would have alternative accomodation on stand by and claim your money back through credit card. Is a hassle but looks hopeful for us. Hope it helps

by **camarones** on Tue Sep 16, 2008 01:42 am

just neednto know how to get out of this mess

by **sun and snow** on Thu Oct 16, 2008 19:13 pm

As suggested by Fred 2 back in May, we sent a copy of the OTE article to our CC provider and received the following reply;

Your file has been reviewed again under Section 75 of the Consumer Credit Act. You advise that Travelsafe Holidays have been shut down and you can no longer use your membership. I contacted Travelsafe Holidays by phone and they have advised your membership is still active and can be used.
Additionally the effect of Section 75 of the Consumer Credit Act 1974 is that where payment is made for goods or services using a credit card, any claim against the supplier in respect of misrepresentation or breach of contract, he shall have a like claim against the Bank, who, with the supplier, shall be jointly and severally liable to the debtor.
However, under the terms of the Act, there has to be a ‘debtor-creditor-supplier’ agreement. In other words there must be a relationship between you (the debitor), the Bank (the creditor) and the supplier. In this case, your credit card statement shows that payment was made to a company called Carpe Diem, and therefore they become the supplier, having received the credit card payment through a pre-existing arrangement via the card scheme network. Carpe Diem acts as agents for Travelsafe Holidays, and as such the Bank has been unable to establish a debitor-creditor-supplier relationship with Travelsafe Holidays. Therefore, the Bank considers that Section 75 does not apply to your complaint.
I am sorry the above is not the response you were hoping for however I trust it explains the Bank’s position.

AARRGGHHHHH!!!!! Does anyone have any idea what our next move, if there’s any left, should be? We’ve talked about involving the Spanish Police, Trading Standards or Financial Ombudsman but are short of ideas how to proceed.

Thank you

by **Fred 2** on Thu Oct 16, 2008 20:32 pm

Agents are used to break the 'debtor - creditor - supplier' relationship, but I am fairly sure that this can be got round although you would have to seek advice. Who did you actually contract with and was Travelsafe mentioned at that point? I can't remember the nature of your original complaint - if it was that you couldn't use your membership the bank may have a point as it appears that you can, but if it was that you wanted to get out at the outset, but couldn't, and your complaint is/was against Carpe Diem for misrepresentation then you still seem to have a valid claim.

by **sun and snow** on Fri Oct 17, 2008 13:07 pm

We have just checked all our original paperwork and we are contracted to Carpe Diem and there is no mention of Travelsafe Holidays in the original paperwork. Travelsafe were not even mentioned to us when we originally signed up to this. Our complaint isn't that we can't use it but that we wanted to get out of it at the outset and couldn't and is therefore against Carpe Diem for misrepresentation. If you believe we still have a valid case, do you know where we go from here?

by **Fred 2** on Fri Oct 17, 2008 13:39 pm

Under those circumstances yes, I do think that you have a case. The bank have acknowledged that there is a 'debtor, creditor, supplier' relationship which includes Carpe Diem, and they can't have it both ways. You need to write saying that Travelsafe is not part of the equation and never was, and that the dispute relates to CD's illegal refusal to acknowledge Spanish law which permitted you to withdraw from the contract in full and without penalty, which you wished and tried to do. It does not relate to any failure to provide facilities as you had decided that you did not want them. The letter will require fairly careful phrasing and if you have a household policy with a legal fees extension this is the time to make use of it.

by **sandralyford** on Sat Nov 22, 2008 17:51 pm

We have just joined the site and would like to advise everyone Carpe Diemis a scam and they have been closed down - we have lost a lot of money as we are unable to trace where it was held or who is actually dealing with any claims for the comapny. We were lured out to Tenerife this year by Carpe Diem who were going to look at ways of getting our money back. we went to Bel Air, the rep didn't show up,(surprise, surprise) although she said that that was were they were based and the staff there were doing a completely different timeshare talk. If you are invited, or thinking of going on a holiday to Bel Air - DONT. The site is tired and jaded, there is no 24 hour reception - in fact there may not be a reception now, the jacuzzi doesn't work and we never saw the pool or poolside being clean the whole 2 weeks we were there. The linen is old and mine even had holes in it - the only good thing about the site was the maid service and the restuarant across the road!!!
If any one has any information on Carpe Diem we would love to hear from you as we have just had to remortgage our home to cover the cost of the lost money!!!

by **sandralyford** on Tue Mar 24, 2009 13:59 pm

Seems no-one is posting anymore - did anyone get any joy about getting their money back please. I am in the process of going through the Section 75 or whatever with the bank.

anyone got any more ideas?

by **laurance140** on Wed Apr 15, 2009 14:33 pm

We entered this minefield a few years ago. The first holiday was great, but the second was a nightmare. we requested wheelchair facilities and had none- which pretty much prevented us using the rest. At the time we made several attempts to see someone at CD but the place was virtually deserted. We too were contacted by someone offering to help get our money when CD vanished, and that was also a con. Since then we have had 2 invoices for fees for Travelsafe- from Elite Travel, which we decided not to pay. The last was in November. Elite have now sent a letter threatening to send this to a debt collection agency.
Given that Elite / Travelsafe and CD all appeared on our original paperwork it would seem that they are all part of the same type of scam. We have reported all this to the OFT and are waiting a response.
If anyone has had any luck it would be nice to know...

by **acp** on Sat May 30, 2009 02:32 am

With reference to Carpe Diem that was originally in Las Americas, Tenerife, have heard that alot of people are trying to get in contact with them. Coby the owner is now running out of Bel Air as Van Gogh Promotions. Stay away from timeshare or RCI points its selling freshair, all that comes out of their mouths is lies!