(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