I just spoke to a lady and she said her father gave her some advice before speaking to me and to be honest he coined great advice. He said: “if you are not sure about something, do nothing ” the good old boy is bang on!!!
This article is in respect to many current resorts proposals to transfer fixed timeshare weeks into floating weeks and/or holiday club weeks/points.
As a lot of timeshare owners will appreciate there are a lot of resorts which appear to be attempting to action this transfer and all at the same time. One wonders what has suddenly changed and why such urgency is required?
Firstly, there is no urgency on your part. It is always wise to listen to what is being said and you must (I repeat must) not accept any proposals without just consideration.
Secondly, at present you (the consumer) are being fed a lot of information, opinions and advice and at present the matter is on overload levels, which in truth causes confusion, so again do not act until you are sure the advice is correct, real, true and honest.
I believe what we post, say and advise is correct, honourable and true but you don’t or may not know, therefore all advice including ours should be verified before you act, as at the end of the day it is you who will have to live with your actions and decisions.
Do you recall being in the heated presentation, when you acquired your timeshare? “the pressure caldron”. Well it is here again (in a different form) for the fixed week timeshare owners, as the resorts want to change their contracts and benefits and now, right now!
So what to do? That is the question!
It’s not about what anyone else wants or what anyone else would do in your position. The decision is completely particular to you and what you hope to achieve. Also how much you want to keep your timeshare and understanding the implications in agreeing to and therefore amending your contract to trade one timeshare product for another.
This being the case each and every decision you the consumer makes will be unique to each consumer’s wants. To arrive at that decision you (the consumer) may be in need of advice.
Any advice given should be based on the cold facts (It is not for the advisors to make the decision for you) as it’s you who will have to live with the consequences, you who is taking the risk and you who will be held to account.
The first matter to settle is can the resort club do what they proposed to do?
Anyone can consider documents, weigh up the limited evidence and mash all the feelings together, but when all that is put aside the question “can they do what they are proposing to do?” keeps leaping up and beating your brain. So ask them! Get their take on the issue.
How do you ask them?
The courts are conscious of the costs of legal actions and have been minded to put into practice a set of rules so as to assist the parties in legal actions. These rules limit the tribal issues which (as a consequence) limits the range and depth of disputes, which in turn lowers the legal costs.
For example a litigant does not want to find out, a year down the line and £30,000 in the pan, that their opponent is actually allowed to do what they have done. So you can save a lot of time and money by asking the questions at the start.
Do you require a solicitor to ask such a question? Again the answer is no, you can do it yourself.
By asking you will establish a base and a good foundation for sustained advice. With that evidence you can cajole the advice of others and assess the advice given against the position of your opponent which will lead you to an informed assessment of what to do.
Example letter
Dear Sir/Madam,
I am the owner of a timeshare at the above resort. You, the committee, administer and maintain the resorts on behalf of the timeshare owners.
You will recall that on the xxxx your committee included in the AGM/EGM agenda, a proposal to compel owners (such as me) to give up my fixed timeshare in exchange for floating weeks/ points etc. You then convened a meeting to discuss with other owners and others your proposal and called a vote on these proposals. I note your proposal was passed and as a result of the passing you intend to relieve me of my timeshare and give me a different product, which I have never consented to, want or need.
To avoid doubt at this moment I have no intension of complying with your requests until such time as you have established the right to do what you have done and/or are proposing to do.
The events and actions you have taken create a hostile environment and as such the continuance of my timeshare ownership is in a state of hostilities. That being my position and seeking to limit any adverse and costly action, I require you (the committee) to provide me with a full and particularised explanation as to your actions (having regard to your duty as a committee member and your fiduciary duty to each member of the resort club).
From this day forward please take note that I am acting as a “litigant in person” (LIP) and you will deal with me and me alone until such time as I express in writing a contrary position.
If you are unaware of the concept you should consult CPR rule 46.
You will note the courts overriding objective to deal with cases justly and at proportionate cost. Proportionate cost includes, (so far as is practical). –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.
This is a part 18 request for information in accordance with CPR Rule 18.1 and is requested to save costs at this early stage.
Your response requires a statement of truth in line with part 22 PD
In pursuant to this overriding objective I require you, within 14 days, to provide to me the following information:-
Please explain with full particularity the following:-
o Who proposed to the committee the need to take my fixed week timeshare and substitute it for a floating week?
o What date was the proposal received by the committee?
o Why the proposal was made?
o What was the purpose of the proposal?
o What advantage would it bring to me (the consumer)?
o What advantage would it bring to the resort club?
o What advantage will it bring to the proposed acquirer of my fixed timeshare?
o Who elected to recommend the proposal at the AGM/EGM?
o What considerations where taken into account before the committee elected to recommend it?
o What was not considered by the committee when considering the proposal?
o By what rule or constitutional amendment permits the committee to consider taking this action on behalf of the club?
o Who have the committee appointed to deal with this affair?
o Please confirm the committee’s instructions to its appointed representative?
I require you to provide any and all documentation in support of the committee’s position on each and all questions raised in this matter. Please note and dependent upon your response, I reserve at all material times the right to issue any further part 18 requests in pursuit of clarity and understanding.
I will suspend any action for a period of 14 days, however after that date I reserve my entire position.
In the event you do not answer my questions fully, again I reserve my position to make a pre action application.
Yours faithfully,
This will provide a basis for your considerations.
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