s75 and Landbanking companies

[gillybobs]

Hi, this is my first post so hope it's ok! I purchased two landbanking plots in 2004, before I realised they were scams (I admit my nievity!)I paid £500 by MBNA credit card for each transaction. THe two companies were Hayden James Land Acquisition (HJLA) and Land International Ltd (LI). Both companies are now closed down by the FSA and a joint petition by the Official Receiver and Secretary of State for Industry.

The cost of the respective plots were £11995 and £9995. Land International did not provide any purchase contract or terms and conditions.

My case went to the FOS, and at that point I discovered that a precedent existed as another party had gained a refund from HBOS, I sent evidence to the FOS but this was ignored...they only deal with each case on its own merit...they do not see that there is a partial breach of contract with HJLA or how the closure of LI for 'alleged multiple misrepresentations' has any bearing on my claim...which has no purchase contract etc.

Any legal advice would be appreciated as I am extremely low right now and my husband passed over last November..so this is the last thing I need right now. I have until 14th June to respond to the final decision against me.

[CleverClogs]

Re: s75 and Landbanking companies

I do not understand why you bothered with the FOS when the card company would be jointly and severally liable for the non-performance of the contracts with both companies.

If the card company won't refund your money, sue them!

[gillybobs]

Re: s75 and Landbanking companies

Hi Cleverclogs,

I have done the sending of paperwork to the credit card companies..who currently just divert things to the Ombudsman Service (a Limited company) and pay them per case (told to me by a credit card company employee).

The final decision by the Ombudsman for the two case can be seen to be reckless..as he didn't take everything into account. I have been to the CAB, where a guy spent ages drafting letters to the card companies and the FOS, and agrees with me that there is definitely misrepresentation and breaches of contract. I am currently waiting for responses before seeing my MP and going to court. The original plots cost me almost £38k in total...but with compound interest it's considerably more.

I think the current economic climate and the publicity now given to s. 75 of the CCA 1974 makes the credit card companies and the biased FOS (because they get paid by the financial sector, very difficult to deal with...and their interpretation is so narrowly focused.:tinysmile_hmm_t2:

[CleverClogs]

Re: s75 and Landbanking companies

I suspect that the FOS was always meant to be the Fobbing Off Service.

[Tools]

Re: s75 and Landbanking companies

Malouf v MBNA – Section 75 makes Credit Card Co. liable for refund in land banking