Section 75 Credit Card Act 1974

Patchworker

dazza.mk Thank you for replying. I actually had a call from BC today to say they had been replying to my letters, but to my old address. I had notified them of change of address but.....! They initially decided that there was no case under Section 75 but I forwarded lots of documents and brochures and apparently it is under review. It seems Salina Wharf have been rather artful in that a Trustee Company is involved in accepting all monies and this company does not appear in the Contract as being the Vendor. I am of the impression that it is not going to be easy to get out of this contract. Beware any body thinking to buy into this so called "exclusive Members only holiday club" because you can buy holidays on a weekly basis off the internet. Not something that was disclosed at the time of entering into this contract. Buyer beware springs to mind.

The small print on the contract says the law shall be of the British Virgin Isles, but as it was concerning a timeshare in Malta and the Trustee Co. is in the Isle of Man I am not sure where we go. The ECC (UK) say they will liaise with ECC (Malta) if all else fails. Looking on Financial ombusdsman site they will take up the case but if you have the time to look under holiday ownership clubs you will see it is a rather grey area.

Patchworker

Hello again dalesrider. Thank you for helping. At the risk of repeating myself, I have replied to dazza.mk with a rather lengthy sit.rep. Basically BC rang today an it appears letters have been going to our old address. We are being reviewed after I faxed brochures and contracts etc. to them but looking at the website of the Financial Ombusman it appears not to be as clearcut as we had thought. Until BC throw in the towel, I am trying to be positive whilst at the same time cursing my stupidity for getting involved in the timeshare racket. We will try each and every avenue we can to get this contract negated. Reading on some of the review sites (Trip Adviser) we are not the only ones regretting ever getting involved with Salina Wharf.

Buzby

S75 may well be a red herring, especially if - as you indicate - an intermediary is involved. Only purchases directly made between the vendor and the purchasers will be a slam dunk. Further, there is an additional complication that if you have purchased heritable property this brings with it obligations that need to be unwound. Even assuming a successful outcome of your purchase, any additional obligation for service/maintenance will be unaffected.

As Malta is not in the EC, protections that would assist you in a Spanish property (say) don't work here. You may find it a good investment to get a local law firm to represent your interests while the matter is pored over.

Patchworker

Hello Buzby, Malta is part of the EU or EC as it adopted the EU directive in2011the making it illegal for timeshares to take adeposit and they must give a 14 day cooling off period. Unfortunately this was two weeks after we signed our contract. Malta also uses the euro currency. On further investigation of the Constitution the First National Bank Trustee Co. is cited as Trustee. All monies were paid in the offices of Salina Wharfand when the final cheque was made out it was to be to the FN Bank but sent to Salina Wharf and when we questioned this we were told they were part and parcel of the deal, when the ownership certificate was issued it was issued by FN Bank with the invitation to contact them if we had any queries and the address was Club Salina Wharf, First National Bank Trustee Co. at an address in the Isle of Man. I dont know if gives a tenuous link between Salina and the Bank, making them associates or not. If not it would appear that the Bank are acting as a firewall behind which Salina Wharf have carte blanche to procure sales by deception.
It also stated in the small print that if we were to cancel before the cooling off period we were to notify theFN Bank and Salina Wharf.