Cancelling a timeshare - RCI -not possible -HELP

24

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  • Hi,

    i'm in the same boat, i have membership(points) with club la costa. biggest mistake of my short life! I have made enquries in the last 4 weeks and they will accept surrender of the policy subject to return of the deeds and other bits. Problem is i never recived the deeds and so its left me wondering if they will use this tactic to prevent me surrendering or just demand more money until they release me from my obligations and more management fees- so far i've sent 4 email chasers with no answer. I am about to start the section 75 claim process against the credit card company( Paid the deposit in spain), on the basis of misrepresentaion by CLC. virtually everything they said to get us to join is a pack of lies and half truths. below is part of the list;
    1) This is not a timeshare , this is a holiday share - you're not buying a time share.
    2) You are joining an exclusive club, this is untrue out when we took a holiday to their CLC resort in Mombasa, several of the residents were from package tours and renters.
    3) You can sell or trade this back to us when ever you want – not true , they do not buy back anything what so ever, nor to they resell or trade back.
    4) This is an investment which will be worth a lot more money than you paid for it, in fact it is such a good investment you should ensure you include it in your estate and will it to your children – not true this product is oversold and virtually worthless, the only thing I’ll be leaving my kids is an ever increasing debt of management fees.
    5) You will have no problem selling this , we can do it for you – not true, for every buyer there are 400 sellers , the market is saturated .
    6) Your trade in value is much higher than it actually is, we were given examples when we were is Spain.
    7) All our accommodation we were shown in our week in Spain is 5 star plus, not true , accommodation in Kenya was 3 star at best.
    8) You will not be able to get this type of 5 star accommodation or apartments on package holidays – untrue, in fact some of the package holidays we have seen are cheaper and superior to what CLC can offer.
    9) Annual management fees are based on inflation, but we always ensure they are less than inflation – not true our management fees have increased over 3 times the inflation rate.
    10) The annual fee is only if you use the Goldstar accommodation – not true , we are liable every year until we leave this earth!
    11) Your platinum membership entitles you to preferred status which means you get first pick of your destinations – no truth in this what so ever , all the destinations we have tried are booked in some cases 2 years (plus) in advance. The 5 star apartments in the UK are booked up 4 years in advance. when we took out the membership we made it quite clear that we had two children, and we can only take holidays when they break from school – we were told this would not be a problem as Diamond and Platinum members get priority…a complete load of lies!

    I've been in touch with Mindtimeshare, and so far they have been easy to deal with and get advice. There is also a site 'Timeshare Consumers association' run by Sandy Grey who was thier main administrator , regrettably passed away in March. However the site is a goldmine of information.

    i'll let you know how i get on with CLC and surrendering the policy and my fight to recover my £29K via section 75.

    Cheers All.
  • ceejayblue
    ceejayblue Posts: 310 Forumite
    First Anniversary Combo Breaker
    We're just in the process of trying to get rid of our timeshare. We bought it in 1991 on the understanding that it would go up in value (joke!) and that we could pass it on to our family members. This was fine when the maintenance fees were low, now they are over £500 a year for a week's holiday and we can rent an apartment for less than that!

    At the moment we are doing our wills and have put in a clause to say we are leaving it to the club, our children would never be able to afford to pay the fees as they are not well paid and although we are fairly fit 62 year olds, there will come a time when we won't be able to travel. Our company have also got similar cancellation policy to CLC but our club chairman has said that they will take into account everything that people say and each case individually. We're thinking of leaving the club our week in our will but not sure if this is possible as I know that some companies have a clause that they will contest the will which will put everything on hold and they could put a charge on our estate. Its all so very scary.
  • vegasvisitor
    vegasvisitor Posts: 2,295 Forumite
    First Anniversary First Post Combo Breaker
    I would think carefully about leaving it in your will to be honest. I only know the law in Scotland, but this at least lets you see what would happen in Scotland, and may also apply if you are in England. If you were to leave it to CLC in your will, they will become a beneficiary. If your main beneficiaries wished to make a change to the will (deed of variation) then CLC would be included in that. Also, any beneficiary can turn down a gift left in a will so it's not really valid in that sense if you know what I mean.

    My mother had a CLC points club membership, and passed away a few years ago. I found some paperwork and had handed some of it to the lawyer - including the deeds which they asked for to surrender and I didn't realise the lawyer had them. They allowed me to sign a piece of paperwork to say the deeds were lost though, so you shouldn't have to have the deeds to surrender (in theory). Now I had a lot of hassle with them. They said my name was on the timeshare. There are obviously some other personal issues here, but it would seem that my signature had been forged (not by club la costa) but I'm still unsure what would be the gain in my mother doing that. She had somehow made me a joint owner of the timeshare with her (despite personal issues etc...so it was not some sort of good deed she was doing, and must have had another reason that I probably don't want to know about). Anyway this perhaps turned out to be my tool for leverage on this, because I told them quite clearly that I was going to seek legal advice on how they had forged signature on their paperwork, which was supposedly done in Spain in their office without me present!!.

    Hopefully some others can help out here, but I would advise to be very firm with them. If you are unable to get out of this make sure your children are not involved on any paperwork, and make sure they do not do anything after you pass away to maintain ownership. They were trying to offer me use of weeks while the timeshare expired etc, but I declined all offers knowing that it could make me more 'involved'. They were very sneaky with me, even giving me numbers of dodgy resale companies who wanted money upfront. They told me I had a final date of xx/xx/xx for surrender if unable to sell etc, and when I went back to them before that date they claimed I had to give notice and had now left it too late and would have to pay a further year's maintenance fee. I was very angry at them and stuck my ground and they gave in.

    If you want rid of it, get the most vocal person possible to phone up and deal with it. :rotfl:

    I wish you luck. I hope you get it resolved.
  • rachhh
    rachhh Posts: 345 Forumite
    First Anniversary Combo Breaker
    Not sure about how possible this is but I have heard of people setting up a limited company, transferring rights to the company then declaring the company bankrupt. You could research this or maybe someone here may know more about this approach?
    Started 30/08/2011
    Biggest Wins: GHD's, 5* Trip to London, VIP Trip to Isle of MTV Festival in Malta.
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  • vegasvisitor
    vegasvisitor Posts: 2,295 Forumite
    First Anniversary First Post Combo Breaker
    I might be wrong but I seem to remember there was a fee for transferring the time share. So if you found a buyer you still had a fee to pay them as well to transfer the deeds to another name.

    I'd go down the route of just telling them you can't afford it and insisting you surrender it due to mis-selling etc and see if you get away with that first. No harm in searching the web for other ideas that might have worked for other people too.
  • budgetflyer
    budgetflyer Posts: 5,949 Forumite
    Sell it via ebay. There are sellers who will do this FOC. Otherwise worldwide timeshare Hypermarket will sell it FOC for you also.
    Look at typical selling prices on these websites to get an idea.
    BTW , Platinum CLC membership, may have cost "new" £29k, but resale, realistically ifyou can get £1 per point, take it.
  • usignuolo
    usignuolo Posts: 1,923 Forumite
    I take it your mothers timeshare is in Spain? Have you thought of contacting a local solicitor to find out the legal status.

    My b-I-l was left a flat by his father, in a communally managed block in Spain and while b-I-l was in the UK the water pipes burst and flooded it. The block's owners association- ie the tenants as a whole (or maybe just their Chairman) tried to deny all liability although the damage to their flat was caused by a communal service under their block, so technically the responsibility of the tenants association as managers.

    My b-I-l got in touch with a local "lawyer" and reports that he spoke perfect English and has been very polite and helpful in sorting it out and advising them of the legal position in Spain.
  • Dino, even if you dont have copies of your Points Rights certificates you can contact CLC member services (unfortunately they are in Spain so you will have to be aware of cost of phone calls) and tell them you cannot find the certificates and can they issue you with an 'Indemnity Form'. This is what we did as we never received one of our points rights certificates and needed it when we sent back our certificates this week.
    If you want to return your points rights back to CLC you have to do so before the 31st August or you will have to pay next years maintenence fees.

    I dont know if you were successful in your Section 75 claim, I suspect not but would be grateful to know what happened.

    This is part of the letter we sent to CLC with our certificates & Indemnity form as reasons for leaving CLC-

    'Availability of apartments. We have found time and time again that unless we want to have an apartment in Spain or Tenerife then there is practically no chance of booking the accommodation we actually want elsewhere. For example, on a previous occasion we wanted to have an apartment any time between September and November, we picked six locations we wanted to go to, none of which we were told had any availability (but when we checked the CLC direct sales website and other internet holiday company websites lo and behold we found we could book apartments during that time period!). Again, we were only offered Spain, Portugal and Tenerife. This is totally unacceptable. Members should be given priority over non members or those purchasing holiday weeks via direct sales'

    and

    'Direct Sales. This is our real bug bear and bone of contention. We have discovered that most, if not all, resorts featured in the CLC Vacation Club brochure can be booked as direct sale holidays via either CLC direct sales or through companies such as Lowcostholidays.com. For example, we looked at how much an ‘all-inclusive’ holiday deal would be to Kusadasi Golf & Spa resort during October 2012 via an internet holiday broker. We were shocked to discover that we could have booked a week at the Kusadasi resort on a one bedroom apartment and all-inclusive meals and drinks basis for just £150 each! With flights at just £200 each and with a £14 each return shuttle fare to and from the airport, the total cost for the two of us would have been just £728. Our maintenance and membership total fee for 2012 was approximately £1500, based on our gold membership point level of 1501 points. That roughly works out at £1 a point. The points for a one bed premier apartment were 710 for the same week. So, in effect the apartment cost us £710. Add to that the flights and shuttle fare that brings the cost up to £1138. Then if we add on the cost of the all-inclusive option available to members at a rate of £25 per day during 2012 , this brought the total cost to £1488! This was this almost twice as much as had we booked via an internet holiday company! Can you see anything wrong with this equation? Of course you can! It’s a complete no-brainer, and infinitely cheaper, to book an apartment on an all-inclusive option via a holiday company than it is to take the same holiday as a CLC member! This is insane!!! '
  • I am in a similar situation with my parents, but with Diamond Resorts. Any advice would be appreciated.

    Thanks
  • budgetflyer
    budgetflyer Posts: 5,949 Forumite
    Last time.

    Worldwide Timeshare Hypermarket will sell your timeshare or points for FREE.
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