Appealing against a Marriot Timeshare CCJ

richinputney · 25 May 2018 at 2:56PM

Hello Money Savings Forum,

Please can you help me, or point me in the right direction of someone who can. I believe I have been unfairly treated by the Marriot Vacation Club Group and the whole process of purchasing a timeshare villa needs scrutiny. Similar to the PPI scandal, I believe I was sold this timeshare by a Marriot salesperson using aggressive and unfair practices back in 2007. Subsequently, a CCJ has been placed on my home, due to my refusal to pay for the mis-sold timeshare.

I have summarised the grounds for my appeal, I hope you can help me, this is the vain of our lives and become our biggest financial mistake ever:

• Based upon Marriot’s own eligibility to purchase, all new owners must meet the criteria below to qualify as an owner.
o All owners must be over 30 years of age – My wife was under the age of 30 at the time.
o You must earn over £45000 to be eligible – My wife and I did not earn this amount back in 2007
o You had to attend the 90 minute presentation meeting – My wife and I did not attend the presentation meeting
o Aggressive sales tactics were used and the terms of use of the timeshare wasn’t fully explained.

Above all the most important thing – My wife and I have not used any of the timeshare services, or have been back to Majorca for a holiday. I have refused to pay or use any of their services due to the way the timeshare was mis-sold to my wife and I.

Yours hopefully,

Rich

[Deleted User] · 25 May 2018 at 2:58PM

Although those are their criteria, they can flex them to accept other applicants if they want. It's not necessarily a good idea from their point of view, but they can do it.

If you were to find something similar in the the agreement then you would have more of a case.

I don't think non usage of the product will carry any weight.

forgotmyname · 25 May 2018 at 3:28PM

Did you goto court and put your side of events or did you ignore the court papers?

[Deleted User] · 25 May 2018 at 5:24PM

How do you get "mis-sold" something you didn't go to the presentation for?

Thrugelmir · 25 May 2018 at 5:27PM

richinputney wrote: »

a CCJ has been placed on my home

Be rather difficult too.

Blackbeard_of_Perranporth · 25 May 2018 at 5:52PM

richinputney wrote: »

Hello Money Savings Forum,

Please can you help me, or point me in the right direction of someone who can. I believe I have been unfairly treated by the Marriot Vacation Club Group and the whole process of purchasing a timeshare villa needs scrutiny. Similar to the PPI scandal, I believe I was sold this timeshare by a Marriot salesperson using aggressive and unfair practices back in 2007. Subsequently, a CCJ has been placed on my home, due to my refusal to pay for the mis-sold timeshare.

I have summarised the grounds for my appeal, I hope you can help me, this is the vain of our lives and become our biggest financial mistake ever:

• Based upon Marriot’s own eligibility to purchase, all new owners must meet the criteria below to qualify as an owner.
o All owners must be over 30 years of age – My wife was under the age of 30 at the time.
o You must earn over £45000 to be eligible – My wife and I did not earn this amount back in 2007
o You had to attend the 90 minute presentation meeting – My wife and I did not attend the presentation meeting
o Aggressive sales tactics were used and the terms of use of the timeshare wasn’t fully explained.

Above all the most important thing – My wife and I have not used any of the timeshare services, or have been back to Majorca for a holiday. I have refused to pay or use any of their services due to the way the timeshare was mis-sold to my wife and I.

Yours hopefully,

Rich

Ignorance is bliss!
If your wife was not eligible due to age, did you fraudulently purchase the timeshare?

nic_c · 25 May 2018 at 9:16PM

You can get a charging order on your home, not a CCJ - the charging order can be as part of non payment under the CCJ.

So you bought a timeshare, though believe misold
requests for management fees were invoiced but refused to pay
debts for unpaid fees were requested but not paid
claims form was issued and CCJ gained
payments under CCJ requested but refused to pay
charging order gained for non payment of CCJ

Does that sum it up? If you don't have a charging order, but just the CCJ, then its not on your home. For your set aside you need to show why you were unable to dispute it at the time - e.g. because papers were served to an address you never lived at, an address you used to live at but the company had been informed of a new address, etc.

You may have problems with the missold - its not a timeshare, so not covered by that legislation, its a points club, and sounds like it was sold under spanish law.

sourcrates · 31 March 2019 at 5:50PM

richinputney wrote: »

I have summarised the grounds for my appeal, I hope you can help me, this is the vain of our lives and become our biggest financial mistake ever:

• Based upon Marriot’s own eligibility to purchase, all new owners must meet the criteria below to qualify as an owner.
o All owners must be over 30 years of age – My wife was under the age of 30 at the time.
o You must earn over £45000 to be eligible – My wife and I did not earn this amount back in 2007
o You had to attend the 90 minute presentation meeting – My wife and I did not attend the presentation meeting
o Aggressive sales tactics were used and the terms of use of the timeshare wasn’t fully explained.

Above all the most important thing – My wife and I have not used any of the timeshare services, or have been back to Majorca for a holiday. I have refused to pay or use any of their services due to the way the timeshare was mis-sold to my wife and I.

Yours hopefully,

Rich

Hi,

Non of what you have written, are grounds to set aside a County Court Judgement.
Those are the issues you have with the timeshare company, not the court, the CCJ from the court is an entirly seperate issue.

You may be able to get a CCJ set aside if the original judgment was made without your response being taken into account. This could happen if:

The claim form was sent to an old address

You didn’t receive the claim form because of problems with the post

You replied to the claim form on time but the creditor ignored this or asked the court for a judgment too early

On top of this, there usually needs to be some argument or defence against the amount the creditor claimed. Examples of this could include:

The amount they’re asking you to pay has been worked out incorrectly

You paid off the debt in full before the judgment

The debt was statute barred before the claim was issued. This means the creditor had waited too long to take court action – usually more than six years after you last paid or contacted them

A court usually won’t agree to set aside a CCJ if you received the original claim form and replied to it in time. If you had a defence, you should have brought it up at that point. However, there might still be cases where a court would consider setting aside a CCJ if it shouldn’t have been issued in the first place.

Given what you have said, mis-selling of a product or service, in this case a timeshare, would, in my opinion, not constitute a defense to this action.

MEM62 · 1 April 2019 at 12:02PM

richinputney wrote: »

Hello Money Savings Forum,

Please can you help me, or point me in the right direction of someone who can. I believe I have been unfairly treated by the Marriot Vacation Club Group and the whole process of purchasing a timeshare villa needs scrutiny.
It has needed scrutiny for decades and the tactics have been know for just as long. Were you not in your guard?

Similar to the PPI scandal, I believe I was sold this timeshare by a Marriot salesperson using aggressive and unfair practices back in 2007.
Nothing like PPI -which was a financial product.

Subsequently, a CCJ has been placed on my home, due to my refusal to pay for the mis-sold timeshare.
If you refuse to pay for some thing that you have signed up to, it can lead to legal action. A CCJ cannot be placed on your home. A CCJ may have been awarded against you if you lost your case in court. What defence did you make when the case was brought before the court?

I have summarised the grounds for my appeal, I hope you can help me, this is the vain of our lives and become our biggest financial mistake ever:

• Based upon Marriot’s own eligibility to purchase, all new owners must meet the criteria below to qualify as an owner.
o All owners must be over 30 years of age – My wife was under the age of 30 at the time.
o You must earn over £45000 to be eligible – My wife and I did not earn this amount back in 2007
o You had to attend the 90 minute presentation meeting – My wife and I did not attend the presentation meeting
o Aggressive sales tactics were used and the terms of use of the timeshare wasn’t fully explained.
If Marriott wish to vary their own terms and conditions they can do so. This would not constitute a defence in court. Neither would pressure sales techniques.

Above all the most important thing – My wife and I have not used any of the timeshare services, or have been back to Majorca for a holiday. I have refused to pay or use any of their services due to the way the timeshare was mis-sold to my wife and I.
Non-use is your choice and would not negate your obligation to pay for the timeshare. Also, miss-sold is a specific and, as in this case, often over-used over phrase. It has a specific meaning in respect of certain regulated financial products. You cannot be 'miss-sold' a time share.

Yours hopefully,

Rich

OP You really need to provide more information about what you signed up to and how you defended yourself when the case went to court. This will be key to assessing whether you have any hope of addressing the situation.

MEM62 · 3 April 2019 at 2:40PM

MEM62 wrote: »

OP You really need to provide more information

......or not as the case may be.

Appealing against a Marriot Timeshare CCJ

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