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travel agency scam- need legal advice

rainbowinthedark

New member
Registered
Joined
Feb 19, 2011
Messages
179
So back in May, me and my fiance at the time went to a music festival and filled out registry forms for "free vacation." I only filled it out because the girl said she gets a dollar for every filled form. I tried to help her out. Well a few days after the festival my fiance got a call saying she won a free vacation to tampa or miami or something, and also 3 other locations. The woman said inconspicuously we had won it at a discounted price of only $498. Immediately then I figured it was a scam but I didn't want to be an ass on the phone (3way call) because I know my wife would have flipped out and got all butt hurt about it. Anyway, the lady could tell I was skeptical and she was getting a little defensive when I talked. I was telling my wife to slow down and we need to think/talk about it first. The woman was trying to persuade me into thinking what a great deal but I was just like whatever, I don't care. Well my wife falls for it and gets transferred over to another department to pay for the package via credit card. I was supposed to get off the phone, but I just muted my line and listened - smh. The guy read the terms and conditions, supposedly word for word, and recorded the part of the call as a verbal contract/receipt. After it was all done, she was supposed to get confirmation emails and documentation but she never received anything. I talked her into trying to cancel when I got home and this is where the headache began.

She had 30 days to cancel and the company stated they would happily cancel within the period - bullshit. She called many times trying to get a hold of them but would only either get stiffed on the phone calls or transferred over and over. Most of the time there was no answer, but if there was, she would get transferred and then no pick up. It was just ring and ring and ring. She also tried emailing but out of the few emails she only got one reply stating she had to send in a written statement or cancellation form; they didn't even attach the cancellation form. Of course at this time she only had about a week left to cancel; so she just kept trying to contact the company. She did get the cancellation form in before the 30 days but of course it was too late since the company took their time before filing it so we'd miss the time frame. She called her credit card company and filed a dispute against the charge.

We sent a written call log with explanations and we filled out the dispute forms stating in a summarized form what I have said as well as other details such as we received no documentation whatsoever. Well the company overturned the charge and it looked like we won the dispute but of course the travel agency filed an appeal on the dispute and she is now getting the charge reapplied until we submit more documents. The problem is we have nothing to submit other than what we submitted previously and by our own word. The appeal paperwork contained copies of her registry form - which was altered --- she marked single in relationship status and they changed it to married; you can tell its not the original markings. The paperwork also contained lies stating she called and contacted them unhappily stating our 18month time frame for our vacations was not enough time and that they would extend it to 3 years. Well that never happened and she never agreed to that, though that is what the paper work states. They also have the confirmation email that we were supposed to get showing the date and time it was sent, though we never received. They really have their shit together for scamming so many people.

Now I know this is a lot of headache for $500 but there is no point in just paying $500 for something we will never use, especially when we don't even make enough money a month to have a spare $500. If we were to just keep it, we'd still have to pay for travel costs and food.

Now, this is where I need advice. I have no real knowledge of legal matters, very little if any and its not related to business such as this. We have no idea how to fight this when we weren't given any documentation, the company falsifying their documents, etc. I've tried filing a complain with the BBB. I'm really lost at this point because really we have such a weak case right now, with only our story against theirs and their fake files. I don't want to take this to court because of the potential costs we would have to face - lawyer fees, court costs, and on top of that the $500 if we were to lose or whatever.

  • What would you guys suggest or do yourself?
  • How can we fight this?

I can get a good lawyer (hopefully) through my company and I'd be very confident in his/her ability. This is just so stressful. I can't even think of the questions I really wanted to address. Please give me some suggestions and advice guys. We really need it and I really need to relay it to my naive wife. Damn us young people for being gullible and naive.
 
Last edited:
So back in May, me and my fiance at the time went to a music festival and filled out registry forms for "free vacation." I only filled it out because the girl said she gets a dollar for every filled form. I tried to help her out. Well a few days after the festival my fiance got a call saying she won a free vacation to tampa or miami or something, and also 3 other locations. The woman said inconspicuously we had won it at a discounted price of only $498. Immediately then I figured it was a scam but I didn't want to be an ass on the phone (3way call) because I know my wife would have flipped out and got all butt hurt about it. Anyway, the lady could tell I was skeptical and she was getting a little defensive when I talked. I was telling my wife to slow down and we need to think/talk about it first. The woman was trying to persuade me into thinking what a great deal but I was just like whatever, I don't care. Well my wife falls for it and gets transferred over to another department to pay for the package via credit card. I was supposed to get off the phone, but I just muted my line and listened - smh. The guy read the terms and conditions, supposedly word for word, and recorded the part of the call as a verbal contract/receipt. After it was all done, she was supposed to get confirmation emails and documentation but she never received anything. I talked her into trying to cancel when I got home and this is where the headache began.

She had 30 days to cancel and the company stated they would happily cancel within the period - bullshit. She called many times trying to get a hold of them but would only either get stiffed on the phone calls or transferred over and over. Most of the time there was no answer, but if there was, she would get transferred and then no pick up. It was just ring and ring and ring. She also tried emailing but out of the few emails she only got one reply stating she had to send in a written statement or cancellation form; they didn't even attach the cancellation form. Of course at this time she only had about a week left to cancel; so she just kept trying to contact the company. She did get the cancellation form in before the 30 days but of course it was too late since the company took their time before filing it so we'd miss the time frame. She called her credit card company and filed a dispute against the charge.

We sent a written call log with explanations and we filled out the dispute forms stating in a summarized form what I have said as well as other details such as we received no documentation whatsoever. Well the company overturned the charge and it looked like we won the dispute but of course the travel agency filed an appeal on the dispute and she is now getting the charge reapplied until we submit more documents. The problem is we have nothing to submit other than what we submitted previously and by our own word. The appeal paperwork contained copies of her registry form - which was altered --- she marked single in relationship status and they changed it to married; you can tell its not the original markings. The paperwork also contained lies stating she called and contacted them unhappily stating our 18month time frame for our vacations was not enough time and that they would extend it to 3 years. Well that never happened and she never agreed to that, though that is what the paper work states. They also have the confirmation email that we were supposed to get showing the date and time it was sent, though we never received. They really have their shit together for scamming so many people.

Now I know this is a lot of headache for $500 but there is no point in just paying $500 for something we will never use, especially when we don't even make enough money a month to have a spare $500. If we were to just keep it, we'd still have to pay for travel costs and food.

Now, this is where I need advice. I have no real knowledge of legal matters, very little if any and its not related to business such as this. We have no idea how to fight this when we weren't given any documentation, the company falsifying their documents, etc. I've tried filing a complain with the BBB. I'm really lost at this point because really we have such a weak case right now, with only our story against theirs and their fake files. I don't want to take this to court because of the potential costs we would have to face - lawyer fees, court costs, and on top of that the $500 if we were to lose or whatever.

  • What would you guys suggest or do yourself?
  • How can we fight this?

I can get a good lawyer (hopefully) through my company and I'd be very confident in his/her ability. This is just so stressful. I can't even think of the questions I really wanted to address. Please give me some suggestions and advice guys. We really need it and I really need to relay it to my naive wife. Damn us young people for being gullible and naive.

When you mailed the cancellation form did you send it by cerified mail or delivery confirmation? If so, this would prove you sent it the cancellation form within the allowed time.

If you sent it by regular mail with not proof of when you sent it, then you need to talk to a supervisor in the credit card dispute department, ask for a SUPERVISOR, not a low level operator, to speak to. Explain your case to her. She will send you a form to appeal again. You need to counter appleal this travel agency. I have done this in the past and on my counter appeal I did not submitt any new documentation than I did when I first appealed it. Stick to your guns and keep denying the charge.
 
BBB offers no real resolution for matters like this, companies do exist like these its a shame but they don't care about BBB reviews.

Honestly I would take it as an expensive learning experience. Your only real resolution here is small claims court, but thats not really worth the time/effort unfortunately.

If you paid via CC, DISPUTE the charge!
 
Small claims are always a no win situation. First you have lgal costs, wi or lose. If you win, they can appeal if they choose. If they do not appeal, you must then collect if you can. Not likely here. My advice is to contact the attorney general in your state and the state where they are locatd ant let them know that the "company" is operating a scam. Otherwise forget it and chalk it up to experience.
 
BBB offers no real resolution for matters like this, companies do exist like these its a shame but they don't care about BBB reviews.

Honestly I would take it as an expensive learning experience. Your only real resolution here is small claims court, but thats not really worth the time/effort unfortunately.

If you paid via CC, DISPUTE the charge!

Kind of what I thought and expected. And I agree with the small claims crap you said.

And we're in the middle of disputing it. But it looks like maybe we may get stuck with it. I'm hoping the areas they falsified will be enough to win the dispute.
 
Kind of what I thought and expected. And I agree with the small claims crap you said.

And we're in the middle of disputing it. But it looks like maybe we may get stuck with it. I'm hoping the areas they falsified will be enough to win the dispute.

Who is your credit card through?

I had a similar issue with travelocity, everything was legit. Put it on my Chase bank Visa (non debit card). Turns out the hotel was overbooked so they moved me to a lesser hotel. They refused a refund of any sort so I disputed, was taken care of in less than a week and they didn't want to release the funds from my understanding.

They shouldn't be having an issue, if its through your bank tell them you will take your business elsewhere.
 
Who is your credit card through?

I had a similar issue with travelocity, everything was legit. Put it on my Chase bank Visa (non debit card). Turns out the hotel was overbooked so they moved me to a lesser hotel. They refused a refund of any sort so I disputed, was taken care of in less than a week and they didn't want to release the funds from my understanding.

They shouldn't be having an issue, if its through your bank tell them you will take your business elsewhere.

She has Capitol one. We disputed, thought we had won, and the travel agency appealed. It wouldn't be so bad if the company wasn't known to do this to 90% of its customers.
 
In future aspects always send notarized and certified letters stating your cancellation within the cancellation period, no hastle. Make sure to keep copies. I know this doesnt help much now though
 
She has Capitol one. We disputed, thought we had won, and the travel agency appealed. It wouldn't be so bad if the company wasn't known to do this to 90% of its customers.

Head on it and talk to a branch manager, will show that your serious about this and your not the one making the fraudulent claims. Have them make a call into the CC department.
 
When you mailed the cancellation form did you send it by cerified mail or delivery confirmation? If so, this would prove you sent it the cancellation form within the allowed time.

If you sent it by regular mail with not proof of when you sent it, then you need to talk to a supervisor in the credit card dispute department, ask for a SUPERVISOR, not a low level operator, to speak to. Explain your case to her. She will send you a form to appeal again. You need to counter appleal this travel agency. I have done this in the past and on my counter appeal I did not submitt any new documentation than I did when I first appealed it. Stick to your guns and keep denying the charge.

:yeahthat: :yeahthat: franktasey is absolutely correct. I'm a supervisor who deals with customer complaints and I can tell you first hand that if you complain loud and often enough and escalate your issue to the next level, you will win. The greasy wheel saying applies here! Don't give up! Go on the internet and look for Capital One message boards, big companies monitor these boards and often will contact you to rectify. Go to the Capital One website and send emails detailing your experience. Make alot of noise!!!
 
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why not just dont buy things you cant afford/wont use. then you wont have to cancel or return them. not trying to be a dick or anything, it just seems this whole problem could have been alleviated had you said no in the beginning and didnt worry about hurting a salespersons feelings by turning them down.
 
why not just dont buy things you cant afford/wont use. then you wont have to cancel or return them. not trying to be a dick or anything, it just seems this whole problem could have been alleviated had you said no in the beginning and didnt worry about hurting a salespersons feelings by turning them down.

it wasnt about hurting the sales persons feeling. it was about hearing shit from my wife because she had "won the drawing." i didnt give a shit about the sales person, i just didnt want to be an ass to my wife.

i dont spend money on crap like vacationing, parties, eating out, or fun stuff. im content with work, working out, and sitting at home and only spending money on necessities as using my spare money on things i want on occasion.
 
i dont spend money on crap like vacationing, parties, eating out, or fun stuff. im content with work, working out, and sitting at home and only spending money on necessities as using my spare money on things i want on occasion.

No wonder your wife will fall for this kinda scam. She's so friggin; bored of sittin' around the house that she'll fall for any scam that promises to change the scenery. Take your wife on more trips! LOL! Just fuckin' with you bro. I hope you have a favorable resolution.
 
it wasnt about hurting the sales persons feeling. it was about hearing shit from my wife because she had "won the drawing." i didnt give a shit about the sales person, i just didnt want to be an ass to my wife.

i dont spend money on crap like vacationing, parties, eating out, or fun stuff. im content with work, working out, and sitting at home and only spending money on necessities as using my spare money on things i want on occasion.

Bud, get out of town! Go on trips! Its very reasonable to head off to europe/asia/etc these days. Travel is very affordable and honestly isn't something I could ever live without.
 
No wonder your wife will fall for this kinda scam. She's so friggin; bored of sittin' around the house that she'll fall for any scam that promises to change the scenery. Take your wife on more trips! LOL! Just fuckin' with you bro. I hope you have a favorable resolution.

Bud, get out of town! Go on trips! Its very reasonable to head off to europe/asia/etc these days. Travel is very affordable and honestly isn't something I could ever live without.

ha. if we werent saving for a house, we'd travel a little more. but i mean we both only work part time right now and i go to school full time and am in the process of getting a full time job. there just isnt any time for travel right now. we do go to the beach like 3 times a year and six flags or biloxi at least once (we live in alabama). i dont think we need to do much more.
 
ha. if we werent saving for a house, we'd travel a little more. but i mean we both only work part time right now and i go to school full time and am in the process of getting a full time job. there just isnt any time for travel right now. we do go to the beach like 3 times a year and six flags or biloxi at least once (we live in alabama). i dont think we need to do much more.



After you do a trip to paris or florence your opinion on that will change (the bold part). I get out of the country as often as I possibly can. So many amazing things out there that we just don't have here in the states.

Best of luck to you man! Work + School is a full load!
 
After you do a trip to paris or florence your opinion on that will change (the bold part). I get out of the country as often as I possibly can. So many amazing things out there that we just don't have here in the states.

Best of luck to you man! Work + School is a full load!

she wants to go to florence because of assassins creed...

i appreciate the support. hopefully we can get this all settled, if not we'll suck it up.
 
it wasnt about hurting the sales persons feeling. it was about hearing shit from my wife because she had "won the drawing." i didnt give a shit about the sales person, i just didnt want to be an ass to my wife.

i dont spend money on crap like vacationing, parties, eating out, or fun stuff. im content with work, working out, and sitting at home and only spending money on necessities as using my spare money on things i want on occasion.

TO be honest this sounds a like a 5 hundred something " I fucking told you so, now listen to everything I fucking say forever" sort of deal, completely worth it to me.
 

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