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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3498
Experience:  Solicitors 2 years plus PQE
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I have changed points from Diamond Resorts

Customer Question

I have changed points from Diamond Resorts to weeks with Points Vacation in July last year at a cost of £7,950. Since transferring the money i have not been able to book my free weeks or even get contact regarding the relinquishment of my points. This week i received a letter from Diamond Resorts threatening court action if i do not pay the £1,740.10 outstanding management fees. I have sent several emails and also telephone calls to Points Vacation and have got no response i really do not know where to go from here or what i can do. Any help you can give me would be gratefully appreciated. Kind Regards XXXXX XXXXX XXXXX XXXXXXXX XXXXXXXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Is Diamond Resorts a UK based company?

Did you ever receive confirmation that Diamond Resorts cancelled your membership?

Kind regards

AJ
Customer: replied 2 years ago.
Hi it is the communication and not being able to book holidays and the fact that Points Vacation have not relinquished my maintenance with Diamond Resorts where the issue lies
Customer: replied 2 years ago.
Diamond Resorts are UK based, I telephoned them in September informing the of the change from points to weeks with Points Vacation they made a note of this but as Points vacation had not contacted them about the transfer I was still noted as the registered owner.

I contacted points vacation again and was told this was all being sorted but have not had any confirmation from them despite several emails and telephone calls
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your response.

There are two issues here:

1. Issue one claim against Points Vacation:
- If they have said they will arranged the transfer as part of your transferring to them and have not done so they are potentially in breach of the Supply of Goods and Services Act 1982 and the failure to exercise reasonable care and skill section 13.
- I would contact Points and ask them to immediately arrange the transfer, if they refuse say that you reserve the right to take county court action against them for the losses you suffer as a result of their negligence.

2. Being chased for the money
- Under S.40 of the Administration of Justice Act 1970 it is actually a criminal offence to pursue someone for money without reason and to cause harassment;
- I would say to Diamond that you are resolving the issue with your new service provider and if they do not stop harassing you, you reserve the right to report the matter to the police.
- I would also say to them that they acknowledged your cancellation of the services and accordingly have no right to pursue you for the money, say that if they do not leave you alone then you reserve the right to report the matter to Trading Standards.

I would note that you must press Points Vacation to resole this otherwise you should consider reporting them to Trading Standards as well. www.tradingstandards.gov.uk

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Hi AJ


 


This is the response that I got from Diamond Resorts


 


Dear Ms Conde,


 


Thank you for your recent communication regarding the above membership, the content of which has been duly noted.


 


Please be advised that points cannot be sold as points to “Points Vacation” in accordance with the Articles of Association of Diamond Resorts European Collection Limited, Clause 8, “Transfer of Points and Points Rights”. We would clarify that Points may be sold privately on the open market, providing no resale organisation (other than a Regulated Intermediary) has been involved in the sale and the purchaser is an existing Club member.


 


Should you prefer to utilise the services of a resale organisation (that has not been appointed as a Regulated Intermediary) or wish to sell to a person other than an immediate family member or an existing Club member, you must first convert your points into a week(s) of equivalent points value (clause 8(h)(i)). It is then this week(s) that can be placed with a resale company for sale. For information, the transferring of points into a week is free of charge however, upon transfer of a week to a third party, a transfer fee is payable and this cost should be confirmed at the commencement point of transfer.


 


Please take this letter as confirmation that “Points Vacation” have never contacted us in regards to any transfer or sale of your membership to them. Therefore, please be advised that you are still the legal owners of the points and should details be received from “Points Vacation” the transfer would not be actioned as it has not been facilitated in accordance with article 8(h)(ii)(c).


 


Can you please advise

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

This letter says you were never allowed to transfer the membership.

What did points vacation say they would do to get you to sign up with them?

Did they say they would arrange the transfer?

Kind regards

AJ
Customer: replied 2 years ago.

Hi


 


The paperwork from Point Vacation signed by them says:


 


This is to confirm that on completion of the above numbered contract, Points Vacation will at a date and time of your choosing transfer the ownership of your timeshare/Points at Diamond resort. (13,000 points).


 


Upon this you will no longer be responsible for any management or maintenance fees connected to this product.


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Points Vacation I am afraid have missold you. It is clear from Diamond Resorts response that you were not allowed to cancel the contract. Therefore you have been induced into the Points contract on the promise of something they could not do.

I would contact them and say the following:

If they do not immediately secure your release from diamond resorts you reserve the right to sue them at the county court for Misrepresentation.

You should also take this up with trading standards.

At this point do you actually want either of the memberships?

Kind regards

AJ
Customer: replied 2 years ago.


Hi


 


After everything I have been through over the last few months I do not want either of the memberships I want to get my money back and move forward.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I will have to look at the Diamond Resorts Terms and Conditions.

I wont be able to do this until this evening but will revert to you as soon as I have.

Kind regards

AJ
Customer: replied 2 years ago.


Hi AJ


 


have you had time to look at the Diamond Resorts Termand and Conditions yet please.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

My apologies I have had limited internet access over the weekend.

I am going to review them this afternoon and will revert to you as soon as possible.

Kind regards

AJ
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Diamond resorts only has a US based website. Do you have any terms and conditions you signed from the UK?

Kind regards

AJ
Customer: replied 2 years ago.

Hi AJ


 


the Diamond Resorts that send out my invoices etc are based in Lancaster


 


Betty Stephenson | Owner Operations | Diamond Resorts International® | Tel:0845 359 0007 Fax: 01524 848184 | Diamond Resorts (Europe) Ltd | Registered in England and Wales | Registered address: Citrus House, Caton Road, Lancaster, Lancashire, LA1 3UA | Registration number: 0235364


 


These are the details copied from the email that i forwarded over to you.


 


thank you


 


Karen

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Can confirm are Points demanding that you pay anything at this stage?

Kind regards

AJ

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