by Suzanne Giscombe
Wed Dec 23, 2009 1:11 pm
I was a victim of a scam by a company called Universal Fun Pass. I honestly thought that they were a part of the Universal Studio Corporation in Florida. They even had the Universal logo on their documentation. And they also had my private Visa details on their files, so there was no reason for me to doubt them.
When Universal Fun Pass contacted me, 15th December 2008, on the phone, they told me that I had won a competition and they needed my credit card details for their file. I was told that I would have to pay an administration charge for the holiday I won.
After paying the amount of ?540.47 ($798.00), I discovered that they were a time share company and I had not won a holiday but in fact paid for a time share holiday.
Never at any point in our conversation did they mention to me that they were a time share company, I even checked their website and there was no mention of them being a timeshare Company.
When I had found out what type of business they were in. I tried to contact Universal Fun Pass (also known as Universal Adventure, which is owned by a woman by the name of Diayna Kolacki, on the many scam internet sites) by phone but I was unable to get anyone to answer my enquiries. I therefore emailed them and asked them to contact me to discuss my ‘competition win’.
I waited for a while but nothing happened, so I e-mailed to cancel my holiday. I was quickly called back by a very rude and aggressive employee of Universal Fun Pass who advised that I could not cancel. I explained that they had used high pressure marketing techniques and misrepresentation and they put the phone down on me. I have since found on Internet Forums details of many other people raising complaints about this company and there is a lengthy section about this company on the website where many people have explained they have been scammed by this Company and have had to reverse the transaction through their credit card company. But with no success.
Universal Fun Pass (aka Diayna Kolacki) had mislead me, then took money from my credit card account. And I had no holiday and no refund.
I was so angry at my self for being so foolish. Even when I was going through the transaction with Universal Fun Pass, the alarm bells were going off, but I choose to ignore them because I was so happy that I had actually won some thing.
The thing is, nobody knows who these people are until they look them up on the website and after they paid their money. And by then it is too late. And they keep on changing their name, first it was Universal Adventures, then Universal Fun Pass and now 5 star universal.
So I wrote to every organization I could think off in the U.S.A., the Governor of Atlanta, Georgia State Government Consumer Affairs Governors Office, the F.B.I (Atlanta), BBB, even Universal Studios. But they just ignored my letters. These people are scamming every one in every English speaking country in the world and these organizations who are supposed to protect people from scammers like them are doing nothing.
I thought a big company like Universal could sue these people for using their name and logo to scam people.
So I wrote to VISA and explained what had happened, I sent them all the information between Universal Fun Pass and myself, but they were very unsympathetic, they told me that because I signed the contract I was not eligible for a refund.
I was ready to give up and use this experience as a very expensive lesson learned. But my friends encouraged me to carry on, they helped me to get touch with the right people and get right information I needed to get my money back.
So I wrote to The Financial Ombudsman Service and told them, Under section 75 of the Consumer Credit Act 1974, VISA are jointly and severally liable for the breach of contract with Universal Fun Pass and therefore have the same resolution.
With regards to my contract I summarised the reasons why I felt VISA should of refunded my payment:-
- I was originally contacted by Universal Fun Pass by phone. They advised me I had won an all expenses paid holiday and that there were no conditions or catches at all. All I needed to do was pay an administration charge immediately over the phone to secure the ‘free’ trip. I therefore provided my credit card details to UFP.
- It is clear from my conversation with UFP that they lied regarding the competition win and at no stage did they advise me of any of their terms and conditions which were later to follow by contract. VISA have made no attempt to contact UFP to obtain a copy of the recorded conversation.
- Once I received the contract there were many terms and conditions included which were not explained to me over the phone. For example one of the conditions stipulates that an annual combined income of 40,000 – 50,000 is required for the guests going on the trip. I wasn’t told this over the phone and if I had of done I would not have paid the administration charge as I wouldn’t have been able to have met this condition.
- Of course by the time I have received the contract it states that the payment of my administration charge is non refundable. Therefore leaving me no choice but to sign the contract and return it.
- I felt that I have been totally lied to and misrepresented over the phone and feel that VISA should respect this and compensate me for this fraudulent activity. They correctly explain that I have signed the contract but they need to realise that whether I had signed the contract or not there was no way of getting my money back from the company once they had taken my payment over the phone. This means that I had already paid the fee before seeing and signing the contract. Which I am sure is not legal.
- VISA also mentioned that the Merchant has offered me the agreed service for 12 months. Well actually they haven’t because when I tried to cancel with them and explained the reasons why and that I’d been lied to over the phone they cancelled my contract and have kept the money.
- If this same situation occurred in the UK and a fraudulent UK Company had contacted me I’m sure VISA would have acted on this, I understand I am dealing with an overseas Company but felt that there should be no difference with the protection cover offered by VISA.
I feel very strongly that VISA have dismissed by claim and would appreciate your help in resolving this situation.
Two weeks later VISA wrote to me still stating that Universal Fun Pass were still in the right because I singed a contract, but charged my money back to my account anyway. I think they thought it would be easier and a lot cheaper to give me my money back than face the Financial Ombudsman Service in court. Thank God, I am so happy that I got my money back.
Please don’t give up I am sure that there are ways for you to get your money back.
I hope this will help any one who is going through this.
Hopefully one day Universal Fun Pass (aka Diayna Kolacki) will be stoped.
Suzanne
London,
England