Look at my previous posts on this thread, I've listed at least 4 linsk from the scambusters team at the Daily Mirror. Please note how the carbon credit scams are ALL THE SAME.
If you're called bya firm, ANY firm, offering carbon credits you are being setup with 100% surety, not 99%, not 99.9% or even 99.99%, but 100%...
BobbyBB - yes, but I want to focus on taking action. One of the players in this market in Carbon-ex (based in Lux). They have sold credits direct but also through a number of brokers including MH Carbon.
Regardless of who you bought them through your contract is probably with Carbon-ex (through their solicitors Colemans).
This means that Carbon-ex are ultimately liable for wrong doing under the agency/principal principle. So if your broker has disappeared or is not delivering on its promises of great returns you should go after Carbon-ex.
In law the word 'misrepresentation' is used to describe the use of false statements made in order to induce you into a contract. This what we have all been victims of. This is a 'tort' – a civil wrong – which allows you to claim damages – i.e. get your money back plus interest.
Carbon-ex will refer you to the Risk Warnings in the Terms of Business and contract, specifically a section which states that any representations (statements) made cannot be relied on. But you have the Unfair Terms in Consumer Contract Regulations 1999 on your side. This states that a term is unfair if: it is not expressed in plain intelligible language and it causes a significant imbalance in the parties rights and obligations and this is to the detriment of the consumer. So, if the court agrees, they cannot rely on this and your claim for the tort of misrepresentation succeeds.
So suggested steps are:
Write to Carbon-ex (cc Colemans) stating that you were misled into buying credits by the promises of an exit plan/superior returns and it is now clear that those claims were false. Point out that as your contract is with them, they are responsible.
If they reply, it will probably state that your broker, not them is responsible (wrong) and refer you to the Risk Warnings in the Terms of Business and contract.
Then get your solicitor to write them a letter referring to all the stuff I mention above. (OK this will cost you a bit). They will probably pass this to their solicitors (Walker Morris) who will prevaricate, delay and suggest that your claim is weak and their client has no liability. Also:
Contact the FSA and give details (The FSA cannot pursue your claim but may investigate and blacklist Carbon-ex if enough people do this)
Make a claim through the Financial Ombudsmen.
Write to the Lux authorities (CSSF) email
[email protected]
Contact Action Fraud
If your claim is for less than £10K you can make a claim through the Small Claims Court. You can do it yourself to avoid costs and even if you don't succeed they can't claim back their costs. If that is beyond your compass just contact me and if enough people do so we can take a class action (where many people sue together) against them.
Most importantly. Take action. Do not give up!
