The action group to be formed is particular to fractional ownership (only).
The purpose is to recover from others money paid by Consumers as we have formed the belief (after advice) that a linkage and/or secret profit and/or constructed trust arrangements exists. The existence of such has ramifications as to liability and associated quantum remedies. The proposed action will address those third parties which to avoid doubt, are parties associated with the resort as well as the resort itself.
It is for each and every Consumer to adjudicate with just consideration as to the options available and the risk applied.
This primary Fractional Owners group is supported a consumer who is experienced in such matters and who has tirelessly campaigned with the Police and Government so as to canvass assistance as part of our claim.
Having overcome the initial difficulties and with the assistance of others, we believe that there is a good prospect of success with regards to the liability and in the event that we are successful, the remedy will be against solvent entities.
In respect of other resorts;
It is becoming apparent that a pseudo-pact was formed for a purpose and that purpose was to enrich others. The sister resorts that we have discovered may have orchestrated events to provide a betterment for one party and a burden for another.
Such activities are in-contravention of unfair practices.
The facts expressed by a particular consumer
We own two timeshares with the American company Wyndham Fairfield Resorts Ltd. We can use the exchange company, RCI, to book holidays in different resorts than those owned by Wyndham.
In October 2011 we made such an exchange and booked a week’s holiday at the Dyserth Falls Resort in Denbighshire. During this stay, we were invited to attend a presentation about fractional ownership at the resort. The basis of this presentation is contained in Document 1. Along with the information given in this document, the person presenting the sales pitch stressed two facts which were of great interest to us.
Firstly, that their portfolio contained two other resorts, Brockwood Hall in the Lake District and Carvynick Cottages in Cornwall. Along with the Dyserth Falls site, we would have equal access to these at no extra cost.
Secondly, that they would take over any other timeshare we may have in order that we no longer had to pay maintenance fees in perpetuity for that timeshare.
Our two Wyndham timeshares were principally for use in the USA. If we wanted to exchange through RCI there was a charge and exchanges were not always easy. Our circumstances had changed since we had taken these American timeshares on. We had care responsibilities for parents and had grandchildren who we also cared for from time to time. The fact that we could essentially ‘swap’ one of these timeshares as part of the contract with Dyserth Falls was very desirable to us. This would release us from paying one set of maintenance fees for something we were finding it difficult to use. Also, the Dyserth Falls model appeared to offer us a way of providing easy holidays for our son and daughter and their families, who had limited funds of their own.
We made notes in the back of the brochure during the presentation (Document 2), but resisted the pressure to ‘sign on the dotted line’ on the day. Indeed, we left the resort and mulled over the presentation in the ensuing weeks. We checked the company (WMB Sales UK Ltd) and drew up a list of questions that we wanted answering before we took a decision. (Document 3). These were smoothly answered when we called and we continued to consider the proposal.
After some time and in consultation with our family, we decided to go ahead. At the beginning of April 2012 we telephoned the resort and we were invited to return to the site to go through the paperwork and sign the relevant documents. (Documents 4 – 9). We made a trip to do this on 17th April 2012.
A few days later we received a letter with more documents (Documents 10 – 14), one of which was the document allowing Dyserth Falls Resort to take over the American timeshare (Document 13) which we signed and returned together with a signed copy of the deed to the timeshare and proof that there was no mortgage outstanding. We were told this was acceptable.
Indeed, Kara McMaster acknowledged receipt of the documentation by email (Document 15) and indicated that the process of taking over our timeshare would happen as soon as our identification documents were received.
Documents 16 – 21 show receipt of payment and the setting up of membership of the exchange mechanisms.
Document 22 acknowledges the processing of the copies of our passports, as well as the fact that we could carry over 2012 weeks to 2013(we were not in a position to use them during what remained of 2012).
Document 23 is an acknowledgement from Craig Derbyshire (then Head of Sales and Guest Relations Manager) for all documentation pertaining to the transfer of the American timeshare.
This letter indicated that the transfer could take up to 6 months and so we were not particularly worried that we heard nothing for the rest of 2012.
At the beginning of 2013 we telephoned the resort to make enquiries about a booking (we were unsuccessful in the booking, as it happens). At the same time we asked how the transfer of the timeshare was progressing and if our deeds/membership documents had been prepared as we realised that we had not had them.
We were reassured on both counts that these matters were in hand.
We telephoned again in February to see if we could firm up a booking for Brockwood Hall. We were told that the ‘contract’ with Brockwood Hall had run out and that they were in the process of renewing it. We expressed surprise as we had been told it belonged to the Dyserth Falls group. We held off booking.
Meanwhile, we were trying to use up points from our second American timeshare and made a booking through the RCI exchange mechanism for the Dyserth Falls Resort. Unfortunately my mother had an accident and we emailed (11th March 2013) the resort to see if we could amend the booking. At the same time we enquired again about Brockwood Hall (Document 24)
Receiving no reply to this email we telephoned yet again. The booking could not be amended and we had to cancel. We were also told there was no news on Brockwood Hall and that our other issues were still in hand.
During April we received a letter from Expert Resort Solutions telling us they had taken over from WMB Sales UK Ltd, who had gone into receivership. (Document 25) We were assured our contract would be honoured in full. We telephoned to query this as we were worried we had not received our deeds/membership documents. We were told not to worry and that Kathryn would be in touch.
We received an email from Kathryn on 7th May 2013 about Land Registry, this time requesting a utility bill (Document 26). This was duly sent.
We received an email from Expert Resort Solutions on 16th May 2012 (Document 27) clarifying the situation at Dyserth Falls. This reassured us somewhat as it specifically states ‘Expert Resort Solutions are working on ensuring all ownerships are up to date as soon as possible and that surrenders and transfers are completed in a timely manner.’ We were, however, very disappointed that the other resorts were no longer available.
We emailed Kathryn on 17th June 2013 to see where we were with the American timeshare transfer. (Document 28) . We received no reply and, between the end of June and the end of August we made a number of telephone calls. We were now very concerned that the transfer had still not taken place and that we had received no deeds or membership certificate. We also wanted to express our concerns over no longer being able to use the other resorts and wanted to speak to Craig Derbyshire. We were told every time that someone would call back, but no one ever did.
We took advice and wrote a letter expressing our feelings (Document 29). This prompted replies from Kayleigh and Kathryn (Documents 30 and 31). Kayleigh suggested that Craig Derbyshire had agreed that they would pay for one exchange a year in lieu of the loss of the other resorts. We telephoned to clarify this as we had had trouble booking for Dyserth Falls and wondered if the exchange mechanism would be any better. Kayleigh reassured us that we should be able to book what we wanted and we would be refunded our exchange fee.
Kathryn’s email once again suggested that the deeds were in preparation and would take 12 weeks.
We called the resort again in October 2013 querying once more the transfer of our American timeshare. We were told we would hear from them shortly. We received an email on the 8th November from Kathryn (Document 32) making an enquiry about the Warrant Deed for the timeshare. Our replies are contained in Documents 33 – 35.
The suggestion then was that we could easily pursue the transfer ourselves through a Notary Public. (Document 36) This is not what we expected, but, in an effort to conclude the matter, we followed the instructions and made an appointment with the Notary Public. The process proved not to be as easy as indicated. (Documents 37 – 40). The Notary Public advised us that the transfer could not take place this way
In a conversation with Kara McMasterit was suggested that we contact Wyndham and ask for a transfer form to relinquish the timeshare back to them. We were not happy with this. As far as we were concerned our agreement when we bought the fractional ownership with Dyserth Falls was that they would deal with all of this. We were assured that this was just a much quicker and simpler way of dealing with the matter.
We agreed to try and we telephoned Wyndham Resorts in the USA. We were told by Wyndham that they would only accept the timeshare back under certain circumstances and we must write to them accordingly. This we did, but it appeared our reasons were not justification for the return and they would not accept the timeshare back.
Feeling extremely frustrated after jumping through all these hoops we emailed a letter to Kara McMaster expressing our dismay and stating we expected to go back to the original agreement to have the timeshare transferred to them. We gave 14 days to have this actioned. (Document 41)
Despite this being 22ndApril 2014 we had a bizarre automatic reply wishing us a Merry Christmas and a Happy New Year! (Document 42)
When the 14 days came and went without hearing anything else, we made an appointment to see our solicitor. We decided to have one last chance to attempt to contact Dyserth Falls and telephoned the resort the day before our solicitor’s appointment. We were assured that our concerns would be addressed and that the letter sent in April had just been overlooked. It was stressed they would accept the transfer of our timeshare and that we would receive an email that day with details for the transfer. Our deeds/membership documents would be sent immediately. The conversation was very plausible and conciliatory and we agreed to cancel our solicitors’ appointment.
We should have known better. No email was received and no deeds/membership documents appeared. Our telephone calls over the next couple of weeks were ignored.
We sought more advice and wrote a letter dated June 2014 stating that we would take legal action. (Document 43)
We had a death in the family in July 2014 and this, of course, overshadowed the matter for the next few months. We did send an email in November 2014 (Document 44) just on the off chance someone would reply, but to no avail.
At the beginning of this year we once again took advice and it was recommended that we write a letter which should be set out in specific legal terms offering a chance for mediation within a certain time or that legal action would ensue. We were about to send this letter when we were informed on 9th February 2015 by Ann Blyth of the UKRE of the closure of the Dyserth Falls Resort and the implications of this.
The Time Timeshare Consumer Association is a not for profit organisation. It has extensive costs in supporting timeshare Consumers and as such, we rely upon the generosity of individuals, communities and businesses so as to provide a continuation of the free services that we offer.
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