At present there is no formal group of litigants who is advancing their cases for a determination before an Arbitration and/or court. In saying this there is no arrangements whereby Palm Beach owners are represented by a firm of solicitors, so as to have determined their alleged breach of contract claims in part or whole. It therefore follows that the individual remedies which each consumers seeks at present is not being addressed.
To reverse the present situation and to assist consumers to seek an audience with the court or arbitration the Palm Beach Consumers (with complaints) may well be best served by properly organising themselves so that their individual concerns can be addressed and for a reasonable cost which is in line with the courts overriding objective.
Pursuant to that goal, all Palm Beach owners are invited to join a group of other determined owners, to right the wrong which others are imposing on them.
The TCA is in receipt of a draft proposal and wishes to share that proposal with all owners, so that they have a choice and they have control of matters they wish addressing.
The proposal
To ensure that all owners are left in peace to action the claims they wish to make, each Palm Beach consumers will be required to do the following:-
Be in receipt of the proposal and:-
Supply
2 forms of ID,
All their relevant documentations (to facilitate a core set of documents)
A short witness statement
Sign a group constitution and
Attend a meeting and elect (by due process) a committee to represent them
Once the committee is elected and the statement have been received, no doubt many will want a variety of outcomes, i.e it will be the job of that committee to address each consumers wants and needs.- Retention of the property you own or damages for breach of contract.
Others have expressed a wish to pursue the club for remedies for the wrongful interference in the contract and wish to seek a full examination of the records of the club so as to have determined the extent (if any) of the past wrongs done by the resort club, management, and management agents.
Clearly a vast amount of consumers feel that the actions taken against them is abundantly wrong and that others seek to obtain a reward by imposing these alterations on consumers, further others intend by aggressive business practices to acquire unlawfully an interest in a timeshare product they do not own. In carrying out this act, they are doing it in the backdrop of consumers having acting appropriately, honourably and in full compliance of all their obligations.
The underlining issues in respect to the Palm Beach Club owners is that in spite of the consumers continuance of being honourably compliant, loyal to the Club and it future the very club which ought to be looking after their interest has wilfully and recklessly passed resolutions to seize underlining assets, holidays and future holidays from its members. The intent behind this act (in respect to purpose) has been exposed in full in that the proposer intends to decommission the Timeshare resort and sell off (for reward) the property, you the consumers own. Needless to say it is very unlikely you the consumer will receive any of that enrichment other seek to make
If you want to joint an action group to stop the actions please e mail Legal@timeshareconsumerassociation.org.uk and we will send you the full proposal.
Please note that the TCA will be unable to respond for 9 days due to annual leave however I will attend to the responses upon my return.
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