Freedom Vacation Network

[sir james]

hello hello,
what has happened to this site? No Fred2, captain sensible, is this the end ?

[Captain Sensible]

All,

Looks like normal service has been resumed!

CS

[1mitch]

To day I recieved a letter from my CCco with an acceptance form to be returned to them for a full refund under section 75 of the consumer credit act 1974. The form has been returned, I am now waiting for my CCco's cheque.
It has taken involvement by Trading Standards, The Time Share Consumers Association, The Office of Fair Trading and the Financial Ombudsman Service for this refund to take place.
FVN have pestered me with phone calls sent intimidating letters and threatend me with their solicitors to persue the outstanding amount of money owing by
14.08.08 untill now I have heard no more from FVN.
To reclaim YOUR money from your CCco give them the full facts of the way you were scamed and be persistant and you stand a greater chance of a refund under the adove act.

[Captain Sensible]

1mitch,

Great news!

Which CC Co are you with?

Would you consider letting me have details (in confidence) for the listing I'm compiling? (see previous posts for details and aims. We've a couple of successful claims on the list and further evidence of common sense would help the other contributors in their claims.

I can be contacted on
captainsensible58-holidays@yahoo.co.uk

Well Done!

CS

[baileymp]

1mitch

I am about to send all of our information to the ombudsman also - any help with evidence / what to send to them / what convinced them in the end would be much appreciated!

Our case relates to Tenlanz and Freedom Vacation Network, trying to get £6,900 back. So far the CC Co deny that this is a scam and state that there is no creditor/debtor/supplier agreement.

Your help would be much appreciated.

Matt

[Fred 2]

Baileymp - who is your contract with and who did you pay? Tenlanz or FVN? If with Tenlanz does it say that they were agents for FVN? Were you offered 'cashback' and if so EXACTLY what were you told that you would get back?

[baileymp]

Fred

The contract is entitled "Freedom Vacation Network Membership Contract".

It states that the contract is made by the authorised marketer, Tenlanz Vacations SL.

Payment was made by credit card to Tenlanz Vacations SL on the 9th April 2007.

The later payment was made to a "Chablis Investments Ltd", though on the contract it also states quite clearly that "all payments should be made in favour of Chablis Investments Ltd (who will then honour TENLANZ VACATIONS SL).

There is a signed and stamped letter (from Tenlanz) with the contract stating that upon completion of the contract my parents would be issued with a cashback certificate (from CASHBACK SALES AND ADMINISTRATION SA) for £XXX redeemable 59 months after the date of issue.

This has never been issued, despite their initial chasing and later threatened action. I personally see this as being a breach of contract and misrepresentation. The relationship between Tenlanz and Freedom Vacation network is also clear as far as I am concerned.

What do you think?

[Fred 2]

I think that they have muddied the waters very effectively. Unfortunately the relationship between the companies does not just have to be "clear" but provably within the definition of associates under the 1974 Act and that relationship (common control) does not seem to be present. It would have been surprising if it was so as they are careful people.

I do think that you have cause for action against Tenlanz. The fact that the cashback certiticate would almost certainly have been worthless is of no account - it did after all promise the chance of 'up to 100%'.

What you have said does suggest to me that you need legal advice before proceeding. You probably need to dispose of the lack of "debtor, creditor, supplier relationship" argument and concentrate on Tenlanz as I think that the ombudsman would rule out any claim against FVN. FVN did not mis-sell, take your money or fail to provide the certificate(which is why they have an agent to do this for them), and they are still in business "to honour membership contracts" - as is the 'service provider' Timelinx.

[baileymp]

agreed - tenlanz are probably the ones i should aim at. So far the CC company have been stating that they cannot see a relationship between FVN and the cashback people, rather than focussing on tenlanz.

Hopefully the Ombudsman will look at the case at a broader level and help us out that way. Of course I will point it out in my covering letter anyway.

What I was really hoping for was some hard evidence I can submit with the complaint which shows tenlanz / freedom vacation network to be dodgy. sending print outs of forums / unofficial blacklists I don't think will do it justice. Any ideas?

[Fred 2]

There is this uk.youtube.com/watch?v=Vjo4p_CsZR8
which shows a FVN salesman making the cashback pitch during a BBC investigation. It is clearly part of the standard sales script. You could include a copy. Speak to Sandy Grey at timeshare.org.uk - he may give you something in writing. See if Spanish consumer protection will give you something: http://cec.consumo-inc.es/

This is the House of Lords report - heavy going, but could be referred to, with extracts (I would bookmark this - can be hard to find again):
http://www.publications.parliament.uk/p ... /18/18.pdf
See P 11 and P 53.

I have a note of the actual operation of cashback. If you would like a copy send me an e fred-too@hotmail.com

There isn't a relationship between FVN and the cashback company (not a provable one anyway - but Timelinx probably own it) but this is immaterial. You were offered the cashback as an inducement by Tenlanz to do the deal, so they are responsible for mis-statements.