Geordin Hill-Lewis from the Democratic Alliance (DA) and spokesman for the trade and industry said:- we need tough action against the time share companies “We know how many thousands of South Africans are still today being ripped off by the time share industry,”
Mr. Lamont’s (aka the bullfrog) faces a battle defending his dodgy timeshare resort-Flexi Club-as the NCC announced to SA parliament that it was finalising a complaint against his timeshare company in South Africa.
Fexi-Club is Mr Lamont South African operation, however in the UK he owns another company which is a satellite arm and trades as Aroma and/or Aroma Spice. Aroma is a strategic partner of TATOC, who invited aroma into its flagship resort Lakeview, Bodmin, Cornwall. The principle object of that arrangement was to allow Aroma to peddle its sky high priced exchange programme and holiday management contracts.
Those contracts have been viewed by a well known firm of solicitors and after research his advice is that the contracts impart a burden on consumers. Such contracts if proven to exert a burden should be adjudicated as unconscionable contracts and therefore voidable. If being unconscionable contracts, consumers should be entitled to all their money back and in full.
After the issue was discovered and the landlord of the Lakeview Country Club Resort became aware of the advice. Being aware they became hell bent on removing Aroma from the Lakeview Country Club Resort as they considered their presence, a blight.
To oust Aroma the landlord instigated pre action proceeding against Aroma who had set up camp in the resorts in defiance of local planning laws, but with the blessing of TATOC. The landlord “was having none of it” and consequentially, Aroma-flitted-taking their dodge contracts with them. That all said, the partnership between the TATOC brethren and Aroma was strengthened.
Early this year, Aroma attended the AGM of Lakeview and resoundingly backed Harry Taylor (TATOC Managing Director) in his re election to the committee which controls Lakeview and reportedly sues many of its members.
On the same day that Mr. Lamont (Aroma’s Managing Director) bleated how great TATOC was, his own enterprise was the subject to a spectacular allegations in South Africa and from the governments own Consumer body. They had prepared a 280 page affidavit about the contracts and contractual arrangements which Flexi-Club was pedalling. Slamming the entire arrangement the consumer body hailed the selling and business practices as a SCAM and the news of Mr. Laments Company being labelled as a SCAM went viral.
Again the TATOC and Aroma partnership did not flounder. Aroma is still a main contributor to TATOC and a member of the RDO.
“Undeterred the National Consumer Commission lodged-with the National Consumer Tribunal- its allegations and supporting documents. This claimed systematic and habitual scamming tribunal is likely to take a long time claims deputy commissioner Thezi Mabuza who spoke on the issue in the South African Parliament yesterday.”
“The cases against timeshare resorts emerge from numerous consumer complaints over the manner in which timeshare contracts lock in consumers in perpetuity, obliging them to pay expensive annual levies. They have also made complaints about the lack of availability of acquired timeshare when they have a desire to take their holidays”.
The TCA can report that the underpinning arrangement which support the Aroma and Flexi-Club timeshare scheme (sold to the consumers) involves the Trust company FNTC located on the Isle-on-Man. Whether or not those contractual arrangements are also in under scrutiny is yet to be fully discovered. If they were and were deemed to be a scam then a breath of fresh air might flow and too many consumers and all over the world. Point systems are a hybrids from the original timeshare concept. This investigation could tear apart timeshare point systems. So expect some fireworks.
Certainly here in the UK, TESS (Timeshare exist and Support Services) Ltd have a dedicated team of researchers delving into the timeshare points systems and are taking advice as to the possibilities of a breach of “unfair terms”. They explain this research is in support of over 400 clients who have a desire to seek redress against the many companies selling this product.
In South Africa
Ms Mabuza, explained “the cases are complex as the commission objected to the business model of the companies”. This had made the environment “very hostile”, she said. “None of the time share companies involved in the complaints had made any concessions in the way they operated pending the outcome of the tribunal hearing”.
This: do or die approach seems to be the order of the day!
The matter has been divided into two separate cases (claims the consumer association) because of the different business models employed. The Univision matter involving seven respondents and has been set down for October 2015. The commission has called for the assistance of senior counsel to present its case.
The other matter involves about 27 respondents in the Flexi Club scheme, which was still waiting for the replying affidavits from the companies.
Democratic Alliance (DA) spokesman on trade and industry Geordin Hill-Lewis said during an engagement with the commission by Parliament’s trade and industry committee that tough action against the time share companies would heighten the public profile of the commission, which was not well known among consumers.
“We know how many thousands of South Africans are still today being ripped off by the time share industry,” he said.
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