Legal proccedings against CLC client

Started by Tommo, April 18, 2009, 16:20:45

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Tommo

Hi, despite enquiring in October/November to CLC via the phone for details of how to terminate my vacations club membership, I received no solid answer.
Last week, I received a letter stating that the late payment penaly had been incurred and unless I pay up within 28 days etc., legal proceedings would be instigated by 'Ashford's Solicitors'.
I am in the mood to fight this as I'd attempted to resolcve the issue before any fee's invoice was issued etc. I am of the opinion that knowing I wanted to terminate, CLC dragged this on to incur the penalties etc.
Ha sany memeber found themselves in the same situation and what eventually happened? were legal proceedings started?.
Is CLC a sinking ship? Why can't I ever get where I want to go unless i give 2 years notice.


brucebb

We are in exactly the same position. Emailed CLC asking how to surrender last December, no reply received until the threat letter this week.
We have once more emailed them but still no response from them.
Not too sure what to do next.
Let us know how you get on.

redjacjo

Reasonable Steps to Avoid Loss

A claimant must take reasonable steps to mitigate loss. Claimants are not entitled to recover those damages represented by sums that are avoidable by taking reasonable steps. If the claimant has failed to take reasonable steps to avoid particular losses, the claimant is not entitled in law to recover them, as they are not entitled to profit from their own neglect. This neglect may take of the form of either failing to take action reasonable steps or allowing an act to continue that would have increases loss.

A claimant is not entitled to recover sums or for actions taken that were unreasonably spent or steps that were unreasonably taken. The claimant will only be entitled to recover those expenses that were reasonably incurred.

Where a claimant takes measures to mitigate loss, the defendant is entitled to the benefit of those steps, such that the defendant is required to pay the reduced measures of damages resulting from the steps made in mitigation. In this way, the claimant must hand over the benefit of the steps made in mitigation to the defendant. This applies even if the claimant would have been entitled to recover the losses if the particular steps made in mitigation had not been made.

Good Luck

brucebb

Think I followed most of that. we have emailed the company again, no reply and we have emailed their debt recovery solicitors, who are a very reputable company based in Bristol, Exeter etc, again with no reply.
We are now considering just sending our timeshare certificate to them, by recorded delivery, and let them take us to court if they wish to.

SimB

It seems to me that CLC are pursuing this route with all non-payers as I too received the letter refering to Ashford Solicitors. My resort is the Paradise Monterey. I asked in October 2008 to surrender my weeks and was told I could not. I wrote to them in December 2008 stating I was formally surrendering my weeks within the 2008 year, which I had already paid the management fees. I also was then told in needed to give 28 days notice, even though I had. And then in Jan 2009 was told in writing I could surrender my weeks if I paid the fees.I think everybody who is in this position should get together and jointly hire a solicitor to review our case. We can then share the cost.Is there a solicitor amongst the forum who would be interested in looking at this?

What do you think? Anyone who is in this position should contact me on boultwood@ic24.net. Tell anyone you know who would be interested.

thanks

Simon

easilyfooled

I've just posted a note on another CLC site - sorry, can't remember which one, and have only just joined.  Someone who has also had the demand and is really worried.  I've had the letter too - I switched to Club Greece who sent the certificate through to CLC in early December (28 days notice took me to 31st Dec).  CLC sent a letter on Dec 29 saying that we owed them the 2009 fees and there were lots of admin bits to do as well.  Don't see how I can be in debt on Dec 29 for fees that aren't due for two days.  Club Greece told us to ignore the letter, and have said the same thing about this one from the solicitors.  I contacted Timesare Consumers Association who said to "tell them to piss off" (his words, not mine!).  It looks like they're getting heavy. I may be way off the mark, but from what TCA and Which? legal department both have said, my hunch is that they will just drop it if too many of us don't pay up.  
The other thing that TCA said was that the worst that could happen was that we would end up in the small claims court, and that credit ratings would only suffer if we lost the case and then didn't pay the court's demand.  Anyone able to confirm that?  And they also said that if we could prove misrepresentation in the initial "sell" then they wouldn't win anyway.  TCA also gave me the impression that they might collate a whole lot of misrepresentations etc and throw the lot at a judge if it went to court.  Might be worth talking to them if you haven't already - www.timeshare.org.uk - or 01909-591100, normal working hours.

easilyfooled

There's a whole lot of stuff on this on the CLC maintenance site.  Basically, they've added in a new rule that says everything has to be done by the end of september in order to leave at the end of the year, which means that given their 28 day rule you've had it for 2009.  But they do hang around anyway - they say it will take 14 to 21 days to respond to a letter, so the procedure to leave appears to be:
get everyone named on the certificate to sign it on the back and get the signatures witnessed;
write a covering letter signed by all named parties stating that they wish to resign their membership and give the date on which they wish that resignation to take effect - ie, 31st December of the year;
send it by the international equivalent of recorded delivery - signed for;
check after a week that it has arrived;
give yourself at least three months before the end of September to start the ball rolling;
chase them after one month and then every week - phone membership and if possible get a specific name to hassle.
It took us two months, but we got there in the end.  But it also cost us a year's fees in order to avoid the worry.

latinaid

Excuse my ignorance, I'm new to this, but what is the CLC maintenance site mentioned in the post above?  Needless to say, I can't see anything about how to resign your membership of the official CLC site!

Suebe

CLC are changing the rules regarding surrender of fixed weeks to suit themselves! At one time (until last year), they were quite willing to just take weeks back from owners - they were then passed on to their points club (Vacation Club) to form part of the inventory to underpin this points scheme. Obviously, the recesssion has hit CLC, as well as the pound/euro rate perhaps - resulting in a glut of owners wanting to hand back their weeks (and points).  They are now saying that the developers are not taking the weeks back and require at least 12 months notice.  So if you want to surrender weeks you have to pay the maintenance fees for the current year.  In the points scheme, you have to give 28 days notice and I think I have read elsewhere that it needs to be given long before the arrival of fee invoice for following year

The ever-increasing annual fees for both fixed weeks and points at CLC does not help.  Holidaywatchdog forum is full of complaints about CLC and their sales techniques so perhaps the new sales are drying up as well!!  

Perhaps it is the CLC Members website (www.clcmembers.co.uk) - run by owners for other owners - that has been mentioned above.
Sue B

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