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 (Points to consider and use that have been used in previous misrepresentation cases)

Before the Presentation

I was induced to attend because:

  • Free gifts what were they
  • Free food/meals
  • Free drinks
  • Gifts
  • Free or discounted holiday
  • I had won something
  • That the presentations would only last for a short time
  • Others etc

 At the presentation

  • I attended and was kept waiting for: – How long?
  • I was/was not shown the resort
  • I was/was not shown the apartment
  • The apartment was not available
  • The presentation started at / finished at
  • My credit card was copied
  • I had to hand over my passport, driving licence other documents etc; did they refuse to return them until you signed?
  • Do you know the name of the salesman?
  • What was the date of the presentation?
  • I was told I could /could not leave until the presentation was finished
  • Did you repeatedly tell them you were not interested in the timeshare

 What I was told at the Presentation:-

  • What was the environment like?
  • Where did the presentation take place
  • I attended with wife, girlfriend, husband, mother, father, etc
  • Did you get regular breaks?
  • Could you leave the presentation when you wanted
  • Did they feed you and give refreshments
  • How many people at any one time were trying to persuade you?
  • Where you explained your rights?
  • Did they tell you that you could contact anyone independently?
  • Who?
  • Did you contact anyone independently?
  • Was the person you contacted a member of TATOC/RDO for example.
  • Did they give you all the documentation for you to consider?
  • Where you allowed take the documentation it away with you?
  • What did they give you?

 The Representations made to me

The sales man said:-

  • The timeshare he was selling was an investment
  • It was valuable
  • It was worth a lot of money on the resale market
  • It was a one time opportunity
  • It was only available for sale that day
  • They could sell it for me at any time
  • The future sale would make me money they were easy to re sell
  • The timeshare had a re sale value
  • I could give it back to them whenever I wanted to
  • I could give it up at any time without any other charge
  • If I did give it up the charges would cost what amount
  • I could exchange it free of charge
  • It was a red blue or green week
  • It was a desirable product
  • They had buyers waiting

 The Finance Agreement

  • Did they inform you the finance agreement was the cheapest on the market
  • They had negotiated the best terms for their consumers
  • They did not make a profit for the finance agreement
  • Were you advised you could cancel the finance agreement at any time
  • The finance agreement had been vetted by them
  • The finance payments would be fixed at a certain rate
  • Did they conduct a credit check?
  • Did they check you could afford the finance
  • What income and expenditure test did they carry out
  • Payments would be linked to inflation

 Preaching Family Values

  • What did they say?
  • I was not a good parent/husband/wife if I did not go on holiday every year
  • They said my health could suffer if I did not take a holiday each year
  • There were surveys on the matter
  • I was not dutiful if I did not take the opportunity
  • I would be stupid not to buy the timeshare
  • Others would laugh at me if missed the opportunity
  • I was not fair to others if I did not by the product
  • It’s what my family needs

Maintenance Fees

  • I was/was not told I would have to/ not have to pay maintenances fees
  • I was told the maintenance fee would not go up
  • Maintenances fees in the future would not exceed inflation
  • Would increase only below inflation
  • The fees would only cost what amount?
  • I was not told that maintenance fees would rise each year
  • I was not told about a sinking fund or that I would have to pay into a sinking fund

 The Club

  • I was told the club was controlled by the consumers/members
  • I was not told that the resort had members on the committee
  • I was not told that my vote if not used would be used by the founder member
  • I was told it was a 1 member 1 vote system
  • I was told that the committee ran the club and fixed all fees
  • I was told that all maintenance fees were subjected to an external audit
  • I was told if I did not pay maintenance fees they would take the timeshare ownership off me
  • I was told that all elections of members were fair
  • I was told that all votes were adjudicated by an external body
  • I was told that the club submitted to mediation before taking any action

 Points System

  • I was told holidays were always available when I wanted them
  • I was told that the points were sufficient in number to book the holiday I wanted
  • What was the holiday you wanted at the presentation
  • Did you want it each and every year
  • I was not told the points I bought were just a membership fee
  • I was told the points which I bought were an asset
  • That they would go up in value
  • That they give me ownership of something
  • That the seller would buy them back any time
  • That I could easily re sell them
  • That they would sell them on my behalf
  • They would only charge me
  • That they were cheap

Cooling Off Period

 

  • Did they inform you that you had a cooling off period?
  • Did they inform you off an address where to write too
  • Did they provide you with a contact name
  • Did they insist you paid a deposit on the day?
  • Did they give you money on the day
  • If so, what did they say the money was for
  • Did they require a further fee payment on the day, what was it for
  • Did they advise that if you did not sign you would be charged for something else, what was it they would charge you for
  • Did they provide you with all documents, club membership, certificates etc
  • Did you try and cancel, how and what happened
  • What did you say/do at the resort
  • How much did you pay on the day and how did you pay it

Trust Fees

  • Did they inform you that a trust was involved
  • Did they advise if the trust would act on your behalf
  • What was the name of the trust, was it provided
  • Where you provided with any information regarding the trust
  • Were you informed that the trust took instruction from the club
  • Was it made clear or not that the club could influence the trust
  • Was it explained whether you would have to pay monies to the trust at a later dates should you wish to sell

Ancillary

  • The resort advised that cheap flights were available
  • Did they give an example of the most the flights would cost
  • Did they suggest they had a deal with the airline to get this
  • Were you advised you would be fully protected
  • Did they advise that they could resell at any time and that the resale market was buoyant
  • Was it offered that you could change weeks at any time
  • Was a guarantee offered that you could use it whenever you wanted to and that there would always be availability
  • They did/did not advise it was in perpetuity
  • Was it put to you that you would have other facilities at your disposability, and if so what where they, and would it be at a cost or free
  • They did/did not offer on site discounts
  • Was it told to you that onsite facilities would all be free
  • Was it advised that they had arrangements with other local facilities and these could be discounted to you as part of your deal
  • At any point did they advise of a transfer fee
  • Did they advise you would have to wait to conclude any resale in the future

 

The Resort Promises

What they have / haven’t done to uphold this

 

  • Has the resorted been maintained correctly, if it has not what have they not done
  • Have clauses been added to the constitution since your purchase that you would never have agreed to
  • Changed the constitution to the benefit of others and not given a refund to you
  • Have they changed your loan?
  • Will they allow your friends and family to stay
  • Can you have the apartment that you agreed to
  • Are they charging for extra things not agreed to such as laundry, swimming, internet etc?
  • Have you in anyway been harassed or bullied.
  • Have they been nasty in any way to you
  • Has the resort become unclean / unhealthy / in breach of local health and safety laws etc

 

These are all just a few examples that have previously been used, and we would advise that after reading this you put your own list together explaining your reasons / experiences.

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