To all MacDonald resorts listed below:-
Enclosed a letter which you might consider sending to your committee/resort. Only consider sending it if your wish is to vote no and the forth coming EGM.
It will cause you no harm and could protect you in any action in the future whereby costs become an issue.
MacDonalds
Your resort
Ect
Your name
Address
Date
Dear Sir
We are owners of timeshare weeks in xxxxxxx situated within, and forming part of, name of resort and address (“the Club”).
We have now consulted others in connection with our concerns.
These concerns have been brought about by your intension to table a motion /Resolution at the next EGM, the purpose of which will be to convert and consume all fixed timeshare weeks within a floating week system.
To state the obvious we object to any and all changes to your proposed Resolutions.
We acquired our timeshare week (s), in or around xxxxxxxx.
It was an express condition in the purchase agreement that we (and all others) would become members of the Club, and abide with the Club’s Constitution (“the Constitution”).
As you are aware, in order to protect the interest of the timeshare owners (which I am one) the Club was established.
In short “we and each one of my fellow Timeshare owner has contracted with one another, to observe and perform the rules and regulations as more particularly set out in the club’s Constitution”.
We have considered the terms of the Constitution and concluded you are not allowed to do what intend to do.
That being the case you are advised to review your intension immediately and cease your actions.
If you fail to end your intended actions and forthwith i reasonably conclude we are in a hostile relationship. That being a reasonable assumption we (me at you) are oblige act proportionally. It that framework take note i will be forced to take actions against you in the event you have a continued intent to covert by property.
I believe both you are us will attract disproportionate costs as a direct result of your actions. If you ignore this letter , don’t stop you actions and desist from the coveting of my property i will bring this letter to the courts attention if and when costs as discussed.
You might be minded to consider the courts are able to sanction discretionary benefits scheme costs if you fail to act proportionately, economically and reasonably. Therefore please consider the following:-
We place a significant amount of value on our timeshare weeks and the amenity it provides us. We choose this holiday; we choose the destination accommodation and believe you have no right to withdraw it from us.
We have a proprietary interest in the property (by reference to their timeshare weeks).
Your intended actions will fundamentally alter the objects of the Club and dispose of fixed week timeshares, substituting in their place an entitlement to join a holiday club which will allow members access to a floating week system This dilutes a right that has been embodied in the Objects of the Club.
This is not a management/ committee decision, nor a commercial decision and if exercised you the committee are assisting others whereby intend to covert my property.
That being a very real consequence, you are hereby put on notice that i will hold you to account for your actions both morally and financially.
Furthermore, it will be a repudiatory breach of both the terms of the Constitution (which has contractual force) and the purchase agreements between me/us and Macdonald Resorts Limited.
If you fail to act and act immediately i will hold the committee and each individual liable for the act and costs in reversing this converting act.
We look forward to hearing from you as a matter of urgency.”
Yours faithfully
Consumer
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