Dyserth Falls Resort
(Provided by the Timeshare Consumer Association Ltd)
Dyserth Rhyl Wales
LL18 6DX
The Timeshare Consumer Association Ltd (TCA)
The TCA is a not for profit company Reg no 9041038
The Timeshare Consumer Association Ltd (TCA) is a Company Limited by Shares by Guarantee. Its Memorandum & Articles of Association state that any surplus is put towards the company’s social purpose that being the assistance of Timeshare owners. The Company is democratic and accountable to the community through its membership.
In law, a Limited Company is considered to be a person and it can therefore own land or enter into contracts. The directors are agents of the company and are not personally liable for its debts. This is a flexible structure, suitable for Social Enterprises, regulation by Companies House is strict and there are detailed requirements for annual reports and accounts.
Registered office:
The Timeshare Consumers Association Ltd (Co. Reg 9041038)
Coniston House 3 Beach Rd St Annes on Sea Lancashire FY8 2NR
The present manager is Miss Louise Milford
The incumbent manager term is until the end of 17th of May 2016, whereby she will step aside and permit others to carry of the duty as manager at the TCA.
Dyserth Falls Advice
Consumers have expressed a wish to take recovery action in pursuit of their rights and ownership at Dyserth Falls Timeshare Resort.
Pursuant to that expressed wish, the TCA is inviting Consumers to join together and challenge the present situation at the resorts.
In so doing the proposed group structure will provide a significant, cost advantageous arena. It will comply with the Courts overriding objective and will afford a good foundation to deal with the issues consumer faces in respect to this resort.
Having now formulated an action plan the TCA believes direct action is the only way to deal with such matters.
Consumers at all times need to consider themselves before embarking on legal action in pursuit of damages.
The TCA do not action cases and do not get involved in litigation, we simply assist Consumers.
To avoid doubt and after advice, Consumers affected by the resort closure need to move on and protect their own interests.
In forming into a group, everyone will be able to take action against a variety of companies, organisations and institutions which have facilitated and/or underpinned the selling of the fractional ownership product.
In all aspects of litigation there are two distant events, liability and remedy. Simply put, there is no point achieving liability if you are unable to obtain a remedy of recovery (Damages).
Liability was never an issue however as the resort is impecunious, recovery had to be established and as there are connected parties it is believed that those connected parties cannot avoid any damages awarded.
At all times this is a consumer action and each and every consumer should consider their own position and how they wish to deal with matters going forward.
Take note in attendance any and all participants will be required to digest and understand the following statement. Each will be required to sign the declaration before entering the Action Group.
Declaration
I certify I am in the truest sense of the word a Timeshare consumer. I have never worked for, been engaged by or received benefit from the timeshare industry.
I further submit I have no relationship with any individual, friend, firm or company who has an interest in an adverse outcome of these proceeding.
I will and irrevocably accept that if the above statement is untruthful I will have exposed the Consumers/participants to a breach of confidence and confidentially, that being a real possibility, I accept I will be dismissed from the meeting and/or the Club can seek damages from me equal to the entire costs of the Proceedings up to and inclusive of the date the discovery of my untruthfulness.
Notes
Grouping Claims
UK Courts have a selection of rules which it has adopted so as to efficiently deal with cases in a cost effective and efficient manner.
When dealing with multiple cases which involve fundamentally the same issue, the Claimant and/or the Defendant are permitted to form a group and action a single claim over particular issues which concern them all.
The group fund a single or multiple action(s) for a determination. If successful those determinations will be shared by the group.
Therefore, each member is entitled to share in the Courts determination and rely upon it and when visiting their own action needs. This has the effect of eliminating the need to trial the same issues over and over again.
Proposed Committee
To litigate in this arena a committee will have to be formed. All committee members will be fractional timeshare owners at Dyserth Falls. The committee will consist of no more than 5 people and in the event of an equal number the chair will have a casting vote or that vote can be given to a committee angel.
Purposes
To investigate and protract litigation to recover damages as instructed and as agreed.
In the event that such actions become a real prospect and EGM is required to deal with a variance so as to deal with any and all parties rights to exit the club as this will increase or diminish funding requirements and expectations.
Adverse costs orders/liabilities
All litigation carries a certain amount of risk in a group, that risk is still the same as a single case however the cost is spread over a greater number of people which in turn lowers the exposure to each member. Adverse cost funder has agreed to assist subject to numbers; the issue contested and risk assessment.
Dyserth Falls Timeshare Resort
(History)
A winding up petition was made to a Court by a creditor, whose debt had not been paid. The petition and the hearings had to determine 2 issues;
- Is the creditor solvent or not.
- If not: the company would have been entrusted to official receiver. If solvent the petition is dismissed.
If entrusted to the official receiver then they would appoint a liquidator or they would invite the creditors to do so.
That original petitioner was HMRC: “Her Majesties Revenues and Customs”. They were claiming sums due and owing to them which had not been paid by Dyserth Falls.
The case was be heard by the Court on the 2nd of March 2015 and dismissed as the creditor paid the sums outstanding. If the consumer joined in the petition then to dismiss the petition the creditor would have had to discharge all the consumer claims. Alas this option was not explored by the Consumers or there was not enough support.
As the Consumers failed to act in support the HMRC (the creditor company) the creditor became solvent and its assets unfrozen. At present the creditor company enjoys the financial status it had before.
If the joining had occurred a liquidator could have been appointed by the Consumers who could have registered a charge against the entire site and reserved their debts against that resort until discharged.
At present the site is still closed and all timeshare ownership and timeshare holiday investment is in question. RCI have relinquished any and all rights until such time as the resort has been stabilized.
At present the resort is owned by the Goddard’s and is unencumbered.
The resort is estimated to be worth between 3-6 million.
If a group wishes to secure its debts we would suggest that a meeting take place, a group constituted and that group move forward with a action (if appropriate).
Any other participants and/or late comers ought to be ignored as time is of the essence and if delays occur then risk is applied and the group could suffer.
If a group of committed people exist then they only have a duty to themselves.
In any event, if a group is formed and a charge placed against the resort that charge will be 1st in line to any payout. 2nd and subsequent charges will have to be parked until the 1st group is paid and the charges lifted.
Late comers can form their own group if and when they so chose to act.
The timeshare in force at the resort is fixed week, fractional ownership, floating weeks and point systems.
Each timeshare contract will afford separate rights.
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