Please help me! - Timeshare and solicitors letter from RCI

super_daz1980 · 29 August 2012 at 1:42PM

A few years ago my girlfriend (now wife) and I signed up for a timeshare in las vegas.
We were told a pack of lies such as, get to choose the weeks you want, can book 30 days in advance, etc etc.
Anyway, when we found out about the fact that everything we were told was a lie I spoke to the timeshare consumers association (TCA) about what to do.
They advised to write a letter to the timeshare sales company recorded delivery advising them due to misrepresentation (listing all the lies told) we were stopping payment and demanded our money paid to date (about £1,200) back.

We did not hear back from them other than the monthly letters advising we owed them money etc etc which the TCA told us to ignore and we have.

Anyway, we moved house a month ago and I went to pick up the post today to find 2 solicitors letters from Spratt & Endicott - the first advising they were acting on behalf of RCI regarding our unpaid membership fee of £140 and telling us to send the money to RCI immediately.
The second was dated a week later advising as we had ignored them we had 3 days left to make the payment or they would be taking us to court and we will receive a CCJ against us.

Normally I expect the threatening letters stating we'might' or we 'may' however these guys are proper solicitors and are saying we WILL!!

I am really worried as we want to buy a house shortly which will all be ruined if we have a CCj - At the same time I don't understand why we have to pay this fee when we refused the membership agreement due to misrepresentation - To me this is like going to a car showroom, agreeing to buy the ferrari and giving a deposit but when it gets delivered it is a mini, yet we have to still pay for it!?

Can SOMEONE, ANYONE, PLEASE HELP??:(:(:(:(:(

bargainbetty · 29 August 2012 at 3:31PM

Send a copy of the letter you originally sent to the timeshare company to the solicitor, stating that until such time as you recieve a formal response you consider the account to be in dispute and any further attempts/threats to collect the money will be considered harassment.

Edit: Send it recorded/signed for - they can't claim to have not received it that way.

Have you formally cancelled the contract? If not, do so immediately as part of that letter. Tell the solicitors in no uncertain terms that you will require a formal response within 28 days, and that you will not be held accountable for any legal costs incurred by the timeshare firm for the letters sent during this process since they have failed to respond to your complaint.

It will get them off your back for a bit and hopefully generate a response - oh, and print your name, don't sign it.

shedhead55 · 29 August 2012 at 3:49PM

Hopefully others more knowledgeable will be able to give advice on the legalities of your situation but I would say do not panic because that is exactly what they are trying to make you do. I could be wrong but it is my opinion that they unlikely to act as quickly as they are implying, the threats are there to try to quickly make you pay up before seeking advice.

One option would be to write to them disputing the debt on the grounds you have stated in your post. While this company are "proper solicitors" it is worth noting that they do hold a consumer credit licence (No: 0520543) for debt collection and are therefore bound by the OFT guidelines which state they must cease collection activity whilst a debt is reasonably disputed.

super_daz1980 · 29 August 2012 at 4:36PM

thanks for your replies guys.
I did formally cancel the agreement in my original letter, however it would seem they just disregarded this as expected.

Should I inform the solicitor of my current address as they are writing to me at my previous one - I wondered where they stood regarding taking me to court if I have not received this letter? (they were not recorded so I could deny any knowledge of getting them).

I'm just really concerned that after ignoring them for nearly 2 years but beginning a dialogue now will bring everything back up

shedhead55 · 29 August 2012 at 5:24PM

If think they can take you to court in your absence using your last known address and since the letters have not been returned to sender I think they can reasonably assume you have received them. As I have said I doubt they will rush to take you to court and if you dispute the matter they can do nothing until it is resolved in any case, Presumably you have a copy of the cancellation letter you sent as evidence of your dispute.

Please help me! - Timeshare and solicitors letter from RCI

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