Misleading/Evasive/ Deceptive/Disingenuous and Aggressive Practices and Actions

Note in this event traders can be companies, firms, clubs, individuals, organisations and enterprises which profiteer from the selling of goods and services to Timeshare consumers

Traders are not permitted to employ misleading, deceptive or underhand tactics/methods to get you to part with your hard earned cash.

Misleading actions include (by way of example) advertising/ promoting goods that don’t in reality exist, or tendering/offering just a selective and limited items at the advertised price with little or no hope of meeting large demand which could occur in the event of a consumer stampede. In respect to timeshare products if a trader markets represents or promotes in writing or verbally that a product is (for example) an investment or that a consumer will be enriched in some way if they acquire the product that will be misleading

If a trader has signed up to a code of practice, then if it fails to follow the code, it will properly be a breach of the Consumer Protection from Unfair Trading Regulations as it has advertised a practise and not complied to the advertised promise.

For example, if a resort/trader has signed up to the likes of TATOC, RDO or any other purported self serving body who claim to be reputable consumer regulated bodies then consumers can and should take note of these codes of practice and use those codes of practice to action claims in pleading. In short, failing to follow the codes which they sign up to will constitute a breach of the Consumer Protection from Unfair Trading Regulations.

Traders are also banned from lying or being deceitful about the products, amendments to existing products (they meddle in) or passing products off as another product to give them credibility.

For example creating the illusion that a point system is better that a fixed week system. Moreover (and more pertinent), altering clauses in club constitutions which in reality gives an enhanced benefit to the trader at the expense the consumer.

Misleading omissions

Sometimes consumers have to understand it’s not what was actually said that’s the problem. Sometimes it’s what’s been omitted that is the real concern.

The Consumer Protection from Unfair Trading Regulations proffers protections against traders who are economical with the truth, conservative with the truth and silent to the blind implications.

They on many occasions miss out key information that you might require to make an informed verdict to a decision.

Traders must make sure the required information is provided in a timely manner and at the point of sale/amendment/alteration etc. Adding the phase like “ground breaking” to a topic when in reality it’s not, is proffering a delusion which in reality is not there.

It’s considered misleading or painting a picture which lends a consumer to take a path which they should not have taken.

If a trader does any of the following they are in breach of the regulations:-

• Leaves out material information that the average consumer needs, according to the context, to make an informed transactional decision.
• Hides or provide material information in an unclear, unintelligible, ambiguous or untimely manner.
• Fails in part or whole to identify the commercial intent of the commercial practice if not already apparent from the context.

And information must also be displayed clearly – obscure presentation is tantamount to an omission.

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