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#RBS Credit Card - Section 75

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I'm not sure if this is a correct section to post.

 

I am in need of some advice if anyone can help me?

 

My wife had signed up to a website called Elite World Systems (search google) which provide training to individuals who want to create a e-commerce website.

 

She first saw an advertisement on the internet and called to speak to them, they offered her a cheap package which consisted of a domain, web space and website tools, it cost around £110, along side this they said they will support and guide her to create the website and to make money.

 

They went as far as giving her few links to websites of other customers who were making "thousands" every month (with their help, apparently), and the usual pull in talks such as "you can make money within few week" and "you will not fail".

 

After she signed up, created her website (ladies fashion), few weeks had passed and the only purchase that was made on her website was a test purchase she made.

 

They called her again after few days giving her advice on how to improve the website, during that phone call they offered her a new package, which consisted of further training on sales, website, advertisement, search optimisation and other website tools such as keywords, they then suggested that all successful customers purchase this package and if she doesn't she will most probably make no sales, and this package costs £600 plus. She accepted this and purchased with RBS Mastercard, few months past, still no sales.

 

They then call her for a training session as promised, then few days later call again to offer another product, which supposedly will boost her website sales (non at this point), the wife can't really remember what it was or how much because she was angry they offered her a new products and she hadn't made a penny.

 

She called them that week and asked for a refund, they tried to convince her to stay but she didn't listen, they then agreed to a partial refund of £300 she said yes but them refused to sign the agreement as she wanted a full refund, they had promised so much yet delivered no results, they disagreed and said we wont deal with you any more, so we decided to go to the bank.

 

I believe what they did is called bait-and-switch, it was initially £110, then £600 plus and then they requested more, but in the first place they said all it will cost for you to start making money is £110.

 

I will post the letter I sent to the bank below, and the email EWS sent to my wife.

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Refund Agreement

 

 

 

Elite World Systems

10851 N. 25th Ave #830

Phoenix, AZ 85029

Fax Number 602-801-2363

Phone Number 602-773-7749

 

 

Elite World Systems (moving forward as EWS) and xxxxxx xxxxxx have come to a mutual agreement regarding a $1,156.65 purchase made by Ms. xxxxx. Upon signing this document EWS agrees to provide Ms. xxxxx a refund of $600.00 split into 2 equal payments of $300.00 The 1st payment will be made immediately following Ms. xxxxx returning this document signed. The 2nd payment will be made within 30 days from the 1st. This will be credited to Ms. xxxxx credit card ending in 1234 or a check will be mailed to her address within 7 business days of receipt of this signed refund agreement. It is also agreed that EWS will continue the training program that was purchased and restart her advertising campaign with 5000 visitors, the advertising program will not exceed 6 months. Ms. xxxxx agrees that there will be no further refunds given for any reason. All sales are considered final and EWS has fulfilled all their contractual obligations to Ms. xxxxx as described.

 

 

Xxxxx Xxxxxx _________________________________

(Signature)

 

Date ________________

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Royal Bank of Scotland

 

 

Dear Sir or Madam,

 

Account number: 123456789

 

Ref: Section 75 of the Consumer Credit Act 1974

 

I am writing to request that you reimburse me the value of £656.83 ($995.00 USD) as full payment for "Website Training" I paid for with my Mastercard credit card ending in *1234* to Elite World Systems on 18th of November 2010.

 

My claim is made on the grounds that the services purchased were not delivered and none of the promises and agreements made at the time of sale were not kept by Elite World Systems. I have been unable to resolve my complaint with the supplier so therefor you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974.

 

In addition to the cost of the services purchased, I would also like to claim the additional amount of £40.00 for the consequential losses I have incurred as a result of the suppliers breach. These costs are as follows: I have incurred interest on the money paid to Elite World Systems, therefor the supplier should also reimburse me for the interest too, with this, bringing my total claim to £696.83.

 

I was offered a partial refund but did not accept as I had not made a still penny as promised, apart from the test purchase I made from my own account.

 

The manner in which Elite World Systems operates leaves me to believe that they are simply in the market to take advantage of vunreable people as myself, being a single mother looking for a home business for extra income, and people gulable and naive enough to believe there is easy money to be made.

 

The picture portrait at the time of sale was that there was money to be made within one week of starting and making a good income, now it's obvious it was only an "Bait-and-switch" tactic, as at first they only requested a small payment, which was made, then a futher payment of £696.83 for advance training was requested, and once again for more services for which I cant recall right now, after making the initial small payment for the purchase of the website and domain, then paying for advance training, at this point not a penny made, I recieved a call to offer me further services and was told if I did not purchase the new service my business will not succeed. The picture is very clear, it's a [problem] to pull people in and they know how to impress and get people excited about making big money.

 

I look forward to a full and prompt response to this letter within 14 days.

 

Yours faithfully,

 

 

 

Xxxx Xxxxx

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The difference between the fee's mentioned above is because they have included the initial fee's she paid, which she later claimed back from her Visa card.

 

Is Section 75 valid in this case, due to misrepresentation ?

 

The bank has replied and say they need clear proof of misrepresentation, the Terms and Conditions on the website are not clear and do not made distance selling laws clear, or the cancellation rights.

 

Please help, what can I do ?

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