Obviously when it comes to cold callers our advise is put the phone down and if they persist then either have them blocked or report them.
However, we understand that people do entertain the callers and some end up being scammed. If you are going to speak to these companies then, firstly, never commit to anything over the phone with a cold caller.
Secondly, stay neutral. Don’t give away too much information about your position. If they make a valid point and you think they might be right, just agree and tell them you will think about it.
We are receiving a lot of calls from consumers who are being approached by cold callers in respect to their timeshare contracts. These callers are telling consumers that they have been passed their details as they are victims of misrepresentation and can make a claim.
That all sounds well and good but what you need to establish is;
Was your timeshare contract ACTUALLY misrepresented?
If you are happy with the way in which you were sold your contract and have enjoyed your timeshare ever since then you should not be getting involved in a claim for misrepresentation.
If after their call, you do think it was, then consider the below;
If you are considering preparing your own list of misrepresentations, (perhaps for a claim under theConsumer Credit Act 1974) then:
Do not copy any list of misrepresentations, because they may not apply to you. Consider a list of misrepresentations so as to understand what a misrepresentation is. Any misrepresentations you claim you have been subject to, must at all times relate to your individual case. To blatantly copy the claims of others may land you foul of the law.
Ensure when providing a list of misrepresentations you include the promise made to you and the reality you have experienced.
When misrepresentations are being heard by a court, the consumer is at an advantage in that the person who made the representations has to attend the court and in a lot of cases, the actual salesman who made the representations has moved on. In the event they do not attend trial, the timeshare companies are at a disadvantage as it is only the consumers evidence which can be heard by any judge.
In many cases of misrepresentation, the ones listed above are also breaches of the Consumer Protection Regulations. Therefore, the consumer should report the matter to his or her local Trading Standards Office as a criminal act.
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