I have just managed to secure a refund from VISA for the initial holding deposit I paid to IC in 2006.
The criteria is that you have to prove your development will never be built, or that it was not completed in the timescale agreed.

Now all I need is for LCS to do the same

Good luck

Well done Howard, Lets hope that the LCS does the same.

Good luck Diane

Brilliant news Howard - well done!

Well done Howard. Success number 1. Long may it continue.

Nationwide have already made refunds of these fees. Which bank have you got your Visa card with?

So are you saying that if your development does not complete with the agreed timescale in the contract that you can reclaim the €3000 "fee" paid to Italian Connection?

Everyone who bought via Italian Connection may be able to reclaim the fee on the basis that Italian Connection Properties SRL have gone into liquidation and can no longer supply the services they promised when they collected the fee, such as aftersales and completion services.

The card company is jointly liable and people could try and make a claim against them under Section 75 of the Consumer Credit Act.

This is a extract from a post that jake2007 made on the Residential Amusa Sept 2009 thread


For those still instructing Giambrone Law or whatever they are calling themselves these day, they have a copy of the International Marketing Contract between the parties so they should be able to confirm the details to allow you to reclaim Italian Connection's fees. You would also need them to confirm that Italian Connection Properties SRL had gone into liquidation or whether they were a registered estate agent when they took the fee in order to make a successful claim.

Re Lavender's point about Italian Connection no longer being in business, How many Preliminary Contracts state Italian Connection as the Vendor?

Barnpot

Thanks to everybody with their kind wishes.

I actually did not ever have copies of my preliminary contracts and all I had was the original receipt from IC showing my 3000 Euro paid and the dates for my two other payments. Initially the bank advised that I needed confirmation to show the development was not going ahead, but my arguement was that a company that was going to the wall was hardly likely to write to me to tell me. My point to the bank was that if IC were agents collecting money via VISA, then VISA should know what has happened to them since.

I have my VISA with First Direct and I have to say I only spoke to them on Tuesday and by Friday my money had been credited to my Visa account.
I understand that it is VISA themselves that are liable.

If only I had paid the first 50% that way as well.

Well done. So pleased for you. Let's hope that this is the beginning of people getting their money back.

Unfortunately Howard there is a limit of £30,000 and the contract value would have been the full purchase price so they wouldn't have refunded it so dont beat yourself up about it.

The lesson to be learnt here for everyone is that if you are buying goods or services over £100 always pay by credit card.

I put this at the top of the new posts so every one can look into gett
ing their money back.

Good luck

Good advice thanks
I wish I had used credit card for my wardrobes and I would not have lost 850 euros
oh well live and learn
Pamela

Very pleased for you, Howard. Well done and hope you are successful in getting the rest back eventually.

Good advice about using a credit card for purchases over £100. I did not think of that but will be doing so from now on.

Alan

I'm glad you have got some money back Howard and I'm hoping you have success with the rest of your deposit.

Does anybody know if you can claim back deposits from Visa which were paid to "switch" to an alternative development, on the basis that the information presented to purchasers by a certain company owner in face to face meetings amounted to dishonestly making false representations for his own commercial gain in relation to the progress on international property developments for which it has been the selling agent.

Specifically thinking about Marinate and Santa Venere and the option presented to "switch" to Portugal.

Even if its not possible to get the credit companies to refund amounts, surely they would want to know the type of operations some companies are using their credit services for?

You would have thought that VISA would want to know, which was my original point to them, but dont forget VISA will have indemnity insurance against the claims you make, for example when you lose something on the way home from purchase etc. However dont forget that VISA get a commision from the transaction, so are actually not too concerned.
Not sure about SWITCH, I thought that just replaced a cheque.

Does anyone know if the same applies if you paid your deposit with MasterCard?

I think so because it is just another version of VISA.....fingers crossed for you

Thanks Howard.
This might be a silly question but how do I prove to the card company that our development is delayed. According to our preliminary contract Villagio Angelo should have been completed Sept. 2009 but we have had no communication from Bella Calabria (the vendor) with regards to it being delayed. G & L have confirmed that they have had verbal confirmation only that completion hopefully will be March 2010.
And we have no written confirmation with regards to Italian Connection Properties SRL have gone into liquidation. Even though we know they have.
So how do I prove this to the card company? Be grateful for any advice.
Thanks!

Howard
Apologies, I think you misinterpreted my definition of "switch." I was not referring to the payment method, rather to the fraudulent (my words) approach by a certain property company to the issue of delayed developments whereby they "realised the value of the money previously paid" if it was transferrred to one of their own developments and for which they took 5k from my credit card.

Howard
In relation to your successful refund from VISA, I presume you clained against them under Sec 75 of the Consumer Credit Act for breach of contract? I have been trying to do the same via Mastercard in connection with Santa Venere development. However, their response has been that, under sec 75, the maximum value of the goods or services in question must be less than £30k, which, clearly the apartment was.
The only alternative I can see would be to explain that the original payment was a reservation deposit to take the apartment off the market until such times as contracts were formally entered into. However, if this is the case, on what basis can the claim be expected to win? Your post implied that you were successful due to delay in completion, but surely that brings the £30 ceiling into effect ?
I, and I'm sure many others, would appreciate your guidance on which basis you were able to successfully obtain the refund.
Regards

Originally my VISA company told me I had no chance of obtaining a refund because I had not actual completion date for the apartment.
I pointed out that as my deposit had been taken by MEDSEA/IC that they were effectively agents for VISA and VISA should actually know that they were no longer in existance.
I was then asked to prove they had gone bust, I replied that they were hardly likely to tell me in advance.
I asked my bank to persue the claim anyway, but stated that should my claim fail I would refer it to the FSA.
I did have to send them my actual VISA statement and the receipt I had from MEDSEA which did show a projected completion date.
My refund appeared in my VISA account within a couple of days without any notification.

Good luck

Howard
Thanks for that. I had also sent original statement and receipt but unfortunatley Mastercard dont appear as conciliatory as Visa and are sticking to the £30k ceiling and linking the reservation receipt as a deposit towards the overall cost.
Regards

I proved it was two seperate fees, because I paid a holding deposit to MEDSEA, but a build deposit to GL.