This subject always appears to crop up and does so as it affects each and every timeshare consumer. It is reported that maintenance fees escalate year by year and in some cases, by extraordinary amounts. These maintenance fee claims are made by the very clubs who reportedly protect Consumers. If that protection is withdrawn judiciously then it will have an impact on the amounts each individual Consumer pays.
Renegade Committees may have jumped ship leaving the Consumers tent empty of representation. This is a very strange event (if occurring) as the people elected to represent the Consumers are vacating their responsibility for others. If this is occurring then they are doing it for a purpose and one of those purposes could be self enrichment. If that is taking place a large tempest is brewing.
If the fecundity is allowed to continue then it will infect other resorts and then we enter into a very serious situation.
That all explained, we believe we are in that situation as thousands of Consumers are screaming from the hilltops, the legislators are tempting to pass restrictive laws and some in the industry are attempting to silence the discord that exists, all very fretful signals.
So back to the question, maintenance fees should you pay them;
If you receive a bill in any walk of life, before you pay that bill you will conduct an assessment as to whether or not you owe it. If for instance, the bill is for a product and you have agreed that the product is what you intended to buy and is of an acceptable price you have little to complain about and little to challenge. Therefore, that bill should be paid.
If on the other hand you receive a bill and you don’t understand how those costs have been arrived at, you are entitled to ask for a detailed explanation. If that explanation arrives and provides substantive proof that the liability is due then again, you ought to pay it.
However, if that substantive proof does not arrive, then the question is – should you pay it?
Reversing the situation, does anyone believe that a Court would make you pay a bill that was unsubstantiated? Clearly the answer is no. At all material times, it for the Claimant to justify on the balance of probability that he is owed the amount he claims. If he fails to provide this information then his claim would fail and accordingly, you would not be required to pay it.
If you at anytime receive a maintenance fee which is unsubstantiated, you have a right to demand under CPR for justification. That justification is not merely a set of figures but an underlying explanation as to why the costs were incurred, the reasons behind those costs and why you are liable to pay them by reference to the particular terms and conditions of the contract that you entered into with the club.
After many requests to resorts they give you zilch. And therefore, if this occurs you are legally entitled to withhold payment and we suggest that you do as it is your right!
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