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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Some years ago my wife and I purchased membership in Club Class

Resolved Question:

Some years ago my wife and I purchased membership in Club Class Holidays which basically arranges competitively priced holiday accommodation primarily in Spain and Portugal but also in other parts of the world. We have not been able to make regular use of our membership and now wish to sell at the best possible price. A marketing firm called Sunset Sales based in Valencia, Spain has apparently found a purchaser for us for a price of £8,000 but is requiring an insurance deposit of £1,495 from us which, we are told, will be held in escrow by a Spanish Bank and returned to us when the transaction is completed.
The dealings with this firm have been over the telephone, and we are told that his "legal team" will contact us with a contract and that the deposit will then be paid when the contract is signed. If we decide to go ahead we would pay the insurance deposit by credit card. Would this transaction fall within section 75 of the Consumer Credit Act 1974? The firm is requesting our credit card details now. but we are reluctant to provide these details at this stage.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Would I be correct to presume that they contacted you rather than vice versa please?

Customer:

Yes, they contacted us.

Josh-2010 :

Thanks. The transaction would be covered by s75 Consumer Credit Act. However I must caution you to strongly consider not making payment in these circumstances.

Josh-2010 :

Based on what you say this request has all the hallmarks of a scam. Insurance bonds which are genuinely used in some transactions (though not legitimate timeshare transactions) do not return the premium after the transaction. If they did insurance companies would make no money. This appears to have the hallmarks of an advance fee fraud and is nothing unusual in the timeshare world.

Josh-2010 :

Legitimate timeshare brokers do not ask for advance fees. Whilst 275 applies it should not be seen as a guarantee of a refund. It is a legal right much the bank will typically resist and you must litigate or go through the ombudsman to seek redress. Litigation is by definition never certain an it may take some while to resolve during which time you will be out of pocket. If the matter goes against you for any reason you will not recover a refund.

Josh-2010 :

Timeshares are very difficult to shift which is what such companies pray on. If you wish to attempt a sale of your timeshare consider using an honest resale broker. Though I cannot personally recommend them those that have what I understand is a good reputation are as follows:

Josh-2010 :



















Aberfoyle Holidays Ltd01877 382 390[email protected]www.aberfoyleholidays.com
Brantridge Park Sales Ltd01273 844 570[email protected]www.timetravellers.co.uk
Timeshare Shop0800(NNN) NNN-NNNN/td>
[email protected]www.timeshareshopresales.com
Josh-2010 :

You may wish to at the least consider contacting them before you make a final decision and my recommendation is to treat the above offer with extreme caution at the very least.

Josh-2010 :

Is there anything above I can clarify for you?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Expert:  Joshua replied 3 years ago.
I understand that you have been having difficulty viewing the chat window. I apologise for any inconvenience you may have experienced. I have switched to a question and answer format which I hope you are able to view without difficulty.

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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