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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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the senario in Tenerife was from XXXXX XXXXX at

Resolved Question:

the senario in Tenerife was from XXXXX XXXXX at [email protected] thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Your question does not show, might I invite you to repost it here?

Customer:

Attended an EZE group presentation in Tenerife. Returned to their offices twice whilst still there requesting re-negotiation of contract as it was too expensive. On return loan compnay rang with offer, which did not reflect what EZE had quoted to us. They then rang EZE who rang us back. She asked if an interest free loan of £2000 for 12 months to be paid back alongside the loan would help. Manager back today so will probably ring. If they stick to their guns and persue this through the courts would the court give time to pay or demand the money be paid up front immediately. The main selling point of this product was disposal of time share properties and they have to have the paperwork for these by this Friday to comply with the contract of usually being able to relinquish them.

Alex Watts :

When did you sign and when did you try and renegotiate please?

Customer:

We signed on Friday 24th January, 2014. Rang them on Monday and went to see them on Tuesday 28th. We then went back to see them on Monday 2nd February. The answer was that the price was the price and they could not remove any aspects of the contract.

Alex Watts :

Did you try and cancel? I assume this is for membership or points?

Customer:

We expressed grave concerns which they dismissed and we asked if we could take the hit of the £3000 deposit paid and walk away. They dismissed this stating that with their credit card and discount schemes we would be making far more than the cost of the product.

Alex Watts :

Yes but is it membership or timeshare

Customer:

the product if Leisure Credit Points and they state catagorically that they do not come under the time share directives, which arfe set up to protect consumers

Alex Watts :

Its points or membership?

Customer:

The original purchase if for 25,000,000 leisure credit points, which are used to purchase holidays, pamper days, theatre tickets etc. and they do refer to their membership which gives a credit card for discounts, which are also available on utilities, fuel, shopping

Alex Watts :

Have you paid for anything?

Customer:

We paid £3000 deposit at the presentation. The paperwork states non-refundable deposit and no cancellation policy

Alex Watts :

But you have purchased points for timeshare?

Customer:

No they do not use time share. Their pitch is that they take you from the time share side of the holiday business to the rental side with discounts. Their paperwork strongly denies any connection to timeshare and they say they will relinquish our timeshares but they require the documents within 21 days. This is not guaranteed in the paperwork which states 'on most occasions they can relinquish timeshare without any further cost' even though the sales pitch is that they WILL get rid of them

Alex Watts :

So you had timeshare but they are buying it off you?

Customer:

Not buying it but relinquishing it back to the original companies, which they state costs thousands to do and they do this in batches.

Alex Watts :

Have you ever had timeshare?

Customer:

Yes we own 2 timeshare properties in different locations and this is the lure they use to sell their product

Alex Watts :

Ok - so they want to take it off your hands in effect?

Customer:

Yes, but the paperwork only says 'On most occasions they can relinquish the timeshare property without further cost' even though this is their selling point stating how much will be due in maintenance payments over the next 10 years

Alex Watts :

Yes yes I understand that. What is the total cost of this they are offering you?

Customer:

After deductions for each time share and the cost of the holiday the figure came to £16750, £3000 was paid in deposit leaving £13650 to pay. We were quoted repayments of £147 over 9 years, and this is supposed to be covered by savings we will make not paying maintenance costs and using their credit card. We expressed concerns at this level of repayment but when the loan company rang it appears that £147 per month was to repay £11000 only over 9 years. The loan company quoted around £50 per month more for the full amount of £13650 over 7 years, due to age.

Alex Watts :

In short you paid for them to take the timeshare off your hands?

Customer:

Yes. If they continue to state that we hacve to pay them and persue this through the courts are the courts likely to give time to pay or demand payment up front. if we persue this course they obviously will not relinquish the time shares and we will end up paying £16650 for nothing of any interest

Alex Watts :

But is this new deal a different company or the same one?

Customer:

I don't understand what you mean, there is no new deal.

Alex Watts :

OK - you have an old timeshare - right?

Customer:

EZE do not give credit, they want paying up front and pass the loan application on to Empire Finance to source the best available loan, so ensuring that they are paid and any future change in circumstance does not affect them. We currently have 2 seperatre time share properties

Alex Watts :

OK - you have an old timeshare - right?

Customer:

Yes

Alex Watts :

And this new Company is offering to take it on - for a fee, in effect?

Customer:

No - We have completed a 'Trade-In Assistance Confirmation' form with details of the time shares which they say they will relinquish as long as we do nothing to alert the time share companies which could jeopardise this process

Alex Watts :

So they are taking them off your hands then?

Customer:

Unfortunately, upon checking the internet there appears to be a lot of people stating that 12 months later they are still receiving maintenance demands from their timeshare companies. But yes they state they will take them and clear you of the commitment

Alex Watts :

But they are agreeing to take it off your hands, for a fee?

Customer:

The Trade-In form states that they have given a discount against the price of their service to relinquish the time shares

Alex Watts :

Ok. Its bad news then I am afraid

Alex Watts :

Having considered what you have said this would NOT come under Timeshare Regulations because they are purchasing your old time share in effect for a fee

Alex Watts :

If you read the contract and it states the deposit and contract can not be cancelled then you are sadly bound by it

Alex Watts :

There would be no cooling off period for this.

Customer:

Well as I asked before, if they persue us through the courts, is the court likely to give time to pay as in a County Court thing and demand that the money bepaid outright

Alex Watts :

If you had signed it in your home in the UK then you would have had a cooling off period

Alex Watts :

If you had signed it on their premises in the UK then you would not have a cooling odd period.

Alex Watts :

Yes if there is a UK CCJ you can apply to the Court to be given time to pay

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

It is as I expected but basically wondered how the courts would respond. Is there any other way, other than CCJ that they could persue us by

Alex Watts :

No, CCJ is the only way.

Alex Watts :

I am sorry it is not better news

Customer:

Thank you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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