For the attention of Palm Beach Club etc
Owners of timeshare weeks in the above resort will be well aware that after the AGM in Brighton, the resort club decided to have a meeting and a vote on the many issue at the club.
The predominant issue was that of the transferring of weeks owned by consumers from fixed to floating weeks.
The vote has resulted in the resort passing the proposed resolution and as such, consumers are now being told that the weeks they own will be altered to reflect the wishes of the entire club and the vote.
So that is the club’s position.
The club by way of its employees are now calling consumers and insisting that the vote taken and properly constituted switch means the consumer has to fully comply with the wishes of the majority and accept the result.
That is the advice of the club and the TCA takes issue with the concept, the vote and the legality of Silverpoint’s/ Resort Club’s entire concept and position.
The TCA also has consulted two independent authorities and both have agreed with the position the TCA have taken and the advice given.
One group of litigants has now been formed and is under the initial phase of investigation and development of the issues raised by the vote.
We feel the need to generate various groups so that the entire timeshare consumer community is able to access a path they choose to take in this matter.
The TCA view.
We at the TCA believe that the consumer (at some point) entered into a contract with a seller with a purpose of acquiring a timeshare product. I fully understand some of the acquisitions occurred in breach of various rules and understandings, however the facts are simple you have a buyer (the consumer) and a seller. The sale was subject to terms and conditions and those terms and conditions were expressed in the contract the parties entered into. Those terms and conditions and contractual obligations are private and between the parties only. No other person, entity or firm is entitled to intervene, modify or alter that contract without the consent of both parties.
Contained within the terms and conditions will be a condition in that the buyer will have to join the resort club. The purpose of the club is to administer and maintain (on behalf of all the members) the resort itself.
This term is expressed in the sales contract particular to this resort; therefore each consumer becomes a member of the exclusive club.
The club holds the title and lease for the benefit of the owners. Therefore the club owns the entire resort and the club is owned by the timeshare holders i.e. you, the consumer.
You own a fraction of the resort, it’s yours
The resort club, who are not a party to the contract which the buyer and seller entered into, intends to take it off you and give you something else.
It appears they want you to have floating weeks and in this resort and other resorts they have control of. That is the offer!
Firstly the club who have voted on this issue may not have the appropriate authority to promise on behalf of other resorts.
The club is not a party in the sales contract and has no right to alter the sales contract discussed in this matter.
Therefore this is tantamount to being a heist.
Why is the club doing this is a mystery, however we can be sure that some firm, group, entity, person or association wants ownership of the entire property which the club owns.
We suspect this is Silverpoint.
Why do they want it? The Company has memorandums and articles of association. Contained in those will be the purpose of the company and I am sure that purpose will be to “make money” for the members and shareholders. The Directors have a duty to the Company and owe the Company a duty of care. Those Directors (in compliance to that duty) set out to make the best profit they can and Silverpoint have decided this can be achieved by taking over the entire Palm Beach Resort and either selling it or re selling timeshare weeks, points etc That in short is their position!
There are therefore two real options open to consumers:
Option 1
You can accept the terms of the club and transfer ownership or exit your timeshare contract as the terms have been modified without your permission. “Breach of Contract”.
Option 2
Fight to keep what clearly the club wants (i.e. your timeshare).
Do you want the timeshare or do you want to keep it so as to gain a benefit in the form of monetary return.
How much is that benefit worth?
The principle is simple, “a thing is only worth what a willing seller agrees with a willing buyer”.
Therefore if you have a willing seller and a unwilling buyer the price will be low and if there is a willing buyers (Silverpoint) and an unwilling seller (the consumer) the price will rise.
How much will it rise?
This will depend on how much Silverpoint want it and if they own the amount of weeks they say they own. This is an interesting concept as Silverpoint believes that they own the majority of the timeshare weeks available in the resort.
We believe that the vast amount of those weeks have been acquired wrongly by Silverpoint and the committee members have assisted in the orchestration of not only a planned diminution in value of timeshare fixed weeks, but regularly, meaningfully and deliberately breached their duty of care to the club members, in that they (the committee) have permitted the passing on of assets at an undervalue to connected or associated parties in breach of their fiduciary duty
As a result Silverpoint have made a gain in power and value in excess of 5,000 weeks of timeshare, which they now are using to orchestrate a full evacuation of the resort and so that they can sell it for profit. The TCA believes that this profit in its entirety belongs to the members of the club which Silverpoint is not a member.
To action any complex matter will require many people so all share in the costs and administration of the case. This can only be done by way of a Group Action.
Why a Group Action?
I could rabble as to the technical reasons, however in a nutshell it comes down to two points – cost and power.
In Respect to Costs
As a group you are not subject to the consequential duplications in a multitude of single legal actions. A group will be the correct forum as the issues are the same, generally.
In Respect to Power.
If you pick a war and you are a lone warrior, you face a large foe and you will struggle, however if you stand as a well ordered fighting machine, chanting the same slogan “I am still here” you will be a menacing opponent.
With any battle, war or skirmish you have to have a tactic and use advanced logic.
You might have a great legal mind but that’s not enough, you might have distinguished lead council but again this won’t win an action. I can go on and on. What wins a case is the case itself. You can’t flail and you can’t fight a truth in a court. I know the odd lie or exaggeration might get though now and then but the substantive issues you pose are the subject of test in the forum of a contentious area and will be tested to destruction.
In criminal court the test is “beyond any reasonable doubt”, not that is a very high hurdle to cross as in short you might think a man guilty, you are pretty sure he is in fact guilty, you can’t think of anyone else could have done it . All these don’t pass the high bar – BEYOND means anything that is, for all purposes, near absolute.
As a group you can rely on the document of all the parties and each participant can back up the other in witness statements.
Urgency
If you don’t agree with what Silverpoint and/or the resort club are proposing please make contact with Rachael, she will organise a group and when there are enough people in the group a meeting can take place whereby the group can be constituted and formed so that the wishes of the group can be commenced.
When something is being taken from you, you will feel a lot of hurt and want immediate action, however there are a lot of points to consider (in any action) as to the correct and most beneficial jurisdiction (to hold such an event), the issues, sustainable allegations, liability and remedy.
rachael.orlos@timeshareconsumerassociation.org.uk
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk