I recently pick up a couple of threads on timeshare blog sites which expressed concerns as to whether or not a consumer can tender “free” advice to another consumer and in respect to whether or not maintenance fees should be paid.
Apparently a few industry paid solicitors are making suggestions that tendering such advice could put the advisor in the frame for a claim, as advising on matters which effects they businesses could be deemed as a “tort”
Are these resorts saying that a person cannot advice another? If so its total rubbish! You can offer your advice any time you want and you are not liable, as it is your opinion and you have not charged or intended to benefit from advice tendered.
If a solicitor gave you their advice and that advice (say) proved wrong, clearly (you as the client) could take action against the solicitor for the wrong advice you paid for-but your opponent couldn’t.
So let hit the nail on the head, if you have knowledge and are able to offer advice to your friend “do just that” and ignore fools who say you can’t.
If you as a consumer hold a belief the resort maintenance fees are over stated, and/or that the timeshare club has been over charging you in the past, then you are legally entitled raise an issue with them.
In doing so, and in the belief you are being overcharged, naturally you would not pay the claims made.
You are fully entitled to seek advice from anyone including deliberating that advice with others. You can either tell the Claimant you are in hostility with them and pay in hostility or tell them your refusing to pay until your are fully satisfied that those fees/claims made are just, reasonable, contractually proportionate and comply to “unfair terms”.
Consumers are fully entitled to express their opinion as to the lawfulness of any arrangement. To ban people from having an opinion or tendering advice, frustrates freedoms and belongs to North Korea, not Europe.
If you are the member of a club: You are entitled to a complete copy of the costs allegedly incurred by the resorts clubs, and a full explanation as to the reasons why those particular costs have been incurred.
If they sued you-for purported debts “due and owing”- your opponents are required to submit those documents to the court-so their case is supported by contemporaneous facts.
If you ask for those facts at the start of the dispute, it would be viewed as reasonable and proportionate by the court. If they refused to supply them and issued proceedings and fail to be proportionate, the case could be stayed until they complied with reasonable behaviour.
To refuse you those documents, yet permit the court to have them, would put you to a disadvantage; therefore it would be unreasonable and unjust.
The courts are aware the resorts are required to disclose any and all relevant documentation “which is in their position and control”. They will require your opponents to supply them- so that you can fully understand your opponents claim.
Refusal will not be tolerated.
In the event you believe your resorts have breach and or misrepresented the contract and those circumstances might have cause you a loss, you can refuse to pay the maintenances fees until you have received a reasonable consideration for the quantified loss suffered.
So enforce your 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