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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a similar question. Are Monster Rewards a viable

Customer Question

I have a similar question. Are Monster Rewards a viable legal option for getting out of Timeshare contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello you mention you have a similar question, can you please point me to the original quesiton you were referring to?

Customer: replied 1 year ago.
I have a timeshare I want to be rid of. Have talked to Monster Rewards in Bournemouth and need to know whether this is a viable option. They haven't offered to buy - only to use their Timeshare Lawyers to get me out of it.
Customer: replied 1 year ago.
Sorry, I lost sight of the original question - but it was in similar vein.
Expert:  Ben Jones replied 1 year ago.

Have they said how that will be done?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
It's complicated. They will "sell" us Monster Rewards related to the value of our Timeshare and their costs, in return for relieving us of the legal obligations of the timeshare (Annual Maint.). It should be completed in a few months. After 14 months we return the Monster Rewards vouchers etc. and they repay our money...
Customer: replied 1 year ago.
I have replied already re the Monster Rewards offer...
Customer: replied 1 year ago.
Am I waiting for a 'phone call (I was initially told that phone was not available)?
Customer: replied 1 year ago.
I'm told that I've rated Ben Jones as 5-star. I've done no such thing. I've been waiting over 10 minutes for a call. I have had not a bleep of an answer on this question yet.
Expert:  Ben Jones replied 1 year ago.

Thank you. This ‘offer’ has already attracted some public attention and there are various concerns about this. First of all, there is no easy way to get out of a timeshare and often there are all sorts of gotchas and risks involved.

Some interesting reading about this offer here:

https://mindtimeshare.me/tag/monster-travel/

http://www.timeshareconsumerassociation.org.uk/2014/10/12/sell-timeshare-tv/

The main issue here is that you are not guaranteed a sale of your timeshare. The company will of course try to do so but you need to check what would happen if they fail to. You will be stuck with the timeshare but will you also have liabilities towards Monster – that is important to check.

Subject to that, this could be a way of trying to get out of a timeshare, knowing that you would still have certain liabilities with Monster and be tied in to using their facilities, which whilst different to a timeshare, may still prove a burden in the long run. As with every offer of timeshare disposal there are risks so be certain of what you are agreeing to before proceeding.

Customer: replied 1 year ago.
They are not agreeing to buy or sell my timeshare. What they will be doing (I hope) is to use their Timeshare Lawyers to nullify (if that's the right word) my agreement. This should be done in a few months. If we go ahead we will be paying £8,500 to them towards their estimated costs of £12,500. In return we get several thousands £'s worth of Monster Rewards. After 14 months they "promise" to buy these back for £8,500. So cost to us is NIL... Sounds to good to be true. Do you know anything about this? It seems like a scam to me...
Customer: replied 1 year ago.
They have a very convincing tale about Monster Rewards Tokens - how they are worth 10p each but only cost 7 1/2p and then how they sell them back to the "parent" company and make a 20% profit from commission (which covers the cost of my transaction). It's all double-dutch to me, but if I was a slick financial whizz-kid it might make sense.
Expert:  Ben Jones replied 1 year ago.

Cancelling timeshare agreements, or nullyfying them, is far from guaranteed. This generally only happens if they can show misrepresentation or breach of contract - this could make the original contract unenforceable and it could be cancelled now without further liability. For example, if you were promised certain things that have not materialised or the resort has acted in breach of the terms of the agreement you could try and cancel the contract by arguing it is now void due to this. However, that will not always succeed, especially if the alleged breach is not serious enough and you are relying on trivial reasons. Whilst this transaction will not be covered under the Timeshare Directive, meaning they can ask for payment in advance in the form of buying these rewards, I would still not recommend you pay anything before you know that what they are claiming has happened, or at least having some guarantee that you can get out of the contract and get your money back if they do not succeed

Customer: replied 1 year ago.
As far as I can make out, ALL Timeshares have been mis-sold in one way or another (mainly through representations made at the time which turn out to be false). We have been very happy with our (Points) Timeshare, but it is no longer appropriate for us.Having received no 'phone calls from you I am unhappy that I will be charged for that.But still need an answer as to what is going on re Monster Rewards. Should Trading Standards be involved, or some other body, or are they legitimate?Have to finish now - been over an hour & a quarter and hoped to get something a bit more concrete in that time...
Customer: replied 1 year ago.
Please do not 'phone - you promised a "few minutes" ages ago. We will be going out.
Expert:  Ben Jones replied 1 year ago.

Just to clarify I am not the person who accepted the phone call offer you made and I do not have your contact details. If you had issues with the phone call service please contact customer services on***@******.***

With the timeshare industry you are rarely going to get a concrete answer unfortunately. Whilst some timeshare have indeed been missold, that does not mean yours would necessarily fulfil the criteria to be cancelled on those grounds. If you wanted to go down that route, then you can appoint your own lawyers rather than go through theirs and have to pay money in advance for rewards

Customer: replied 1 year ago.
Ben, I told you that this site is confusing. Under a picture of you and your reply is a message "The solicitor has confirmed your phone call request and will call you in a few minutes." It makes out that it will be you that would make the call...
Expert:  Ben Jones replied 1 year ago.

Apologies for that, I am just a user like yourself and I do not actually know what the interface at your end is but I will forward your feedback to the site management team. Thank you

Expert:  Ben Jones replied 1 year ago.

But please be sure to say this yourself when you contact customer services as customer feedback will be taken more seriously

Customer: replied 1 year ago.
Ben, Thanks. Will do. Didn't go out. Weather turned, ate in.What is the possibility of just "walking away" from this timeshare? As far as I know we have to pay maintenance fees to keep the Points. In the time we've had it it has changed "owners" so many times it is difficult to track what our liabilities are - in fact I can't find a document that we have signed - except for the original finance agreement.
Expert:  Ben Jones replied 1 year ago.

Some people do walk away from the membership – simply stopping payments and ignoring any further requests for payment. However, this is somewhat risky because some resorts have taken non-paying members to court. Still, not every resort does that so it is worth doing further research to see if yours is a resort that has taken legal action in the past.

Customer: replied 1 year ago.
What's the best way of doing that? It's an Infiniti Points timeshare and the current owners are MGM Muthu.
Expert:  Ben Jones replied 1 year ago.

It is all about researching it online, checking forums or other online reports to see if it has been mentioned that they have taken action in the past.

Also if you have not visited this site before, I have previously found it very useful in terms of your options - check the Advice section in particular :

http://www.timeshareconsumerassociation.org.uk/

Customer: replied 1 year ago.
Re Monster Rewards. This seems to be an elaborate way of "selling" vouchers for most well known brands (***** *****, M&S, B&Q, Morrisons, &c, &c). It even seems possible to buy an M&S gift voucher at an extraordinary discount. One is given a card to "top-up" & spend money in various stores. At our age it is difficult to see how we would spend very much money, but we could get 5% in Morrisons...I'm not sure whether this is a scam but I'm sure that we're never going to get "value" from Monster Rewards.It would seem that the real tripping point is that they don't do the biz in getting us out of our timeshare (no guarantee given) and we're left with a Timeshare and £8,500 worth of Monster rewards - many of which we won't be able to or want to use / redeem.
Customer: replied 1 year ago.
I have checked it previously (Jan, Feb), but it was a little ambiguous / unhelpful - particularly as they didn't mention anything about Infiniti or MGM Muthu.Ben, I will look again. Many thanks for your advice. Although much as expected, it has been good.As I said before, I was told near that start of this conversation that I had awarded you 5 stars, but I never actually did that. However I am happy with the advice you have given me. So the 5 * stands. (Perhaps I was secretly hoping that you would say that SellMyTimeshare.tv / Monster Rewards were OK.)
Expert:  Ben Jones replied 1 year ago.

That may well answer your question…it may not be a scam in the traditional sense where you pay them and they disappear, leaving you with nothing. Instead you are given a poor deal where you end up with returns which whilst for some may be useful, personally for they may be worthless.

Customer: replied 1 year ago.
Ben, It's been good to talk to you. Cleared my head. Thanks
Expert:  Ben Jones replied 1 year ago.

You are welcome, all the best