CLC MAINTENCE

Started by childminder54, April 30, 2009, 21:27:27

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childminder54

if you didnt pay your maintence clc took the week from you i couldnt pay the maintence it went from 580 to930 euros from dec to now they have said if not payed soliciter will be involved when did this come into force...

childminder54


easilyfooled

Timeshare consumer association say this is a relatively new one - they are pushing to get as much as they can quickly.  I've just moved out to Club Greece (was this wise??) and CLC are saying that we didn't do it in time and sent us a letter dated Dec 29th that we were in arrears and owed them 2009 fees.  We've had a letter now.  Club Greece tell us to ignore it (and the previous note).  TCA say to reply and say you won't pay.  They say that it is very unlikely that CLC will pursue it, and that if they do it will go to the Small Claims court and you won't be liable for their costs.  Which? said that they were probably in breach of several EU regulations, and to send back a legalistic letter, in which case they would probably back off.  In any case, apparently we can argue that the threat about credit rating is "psychological harassment" - according to TCA your credit rating will only be affected if (i) the court decides against you and (ii) you don't pay what the court requires.  I only report what I've been told, but I'm going to follow their advice and see what happens.

SimB

How did you get on? Has anybody received letters from Ashfords solicitors or been to court yet re non-payment of management fees.

easilyfooled

We got a letter from Ashfords, but by then we had given way.  The club we thought we had sold our points to wrote to us in May to say that we hadn't sold them after all before the cut-off date and so we were liable for maintenance etc as we still had the points until Dec 2009.  We reckoned we were liable and paid up.  We've had a letter since from CLC telling us all the rigmarole we have to go through - letter of intent signed by all named members, signed certificate etc - and it must be received 28 days before they send out the 2010 maintenance bills.  They say send it international recorded delivery.  So we've booked ourselves 50% of our points and are trying to work out what to do with the rest.  
We could have braved it out but having been told by Club Greece that they hadn't met the Club La Costa deadline we didn't think we had a case.  It was giving my wife more than sleepless nights anyway, so the money was worth less than the mental cost.  So we'll get the letter and certificate sent off and see what happens.  I'll ask for a confirmation that our membership will end at 31st December 2009, and wait on the arrival of the bill for 2010 ...
In the meantime, watch out for Club Greece.

costalot

Call their bluff and do not pay

Suebe

quote:
Originally posted by childminder54

if you didnt pay your maintence clc took the week from you i couldnt pay the maintence it went from 580 to930 euros from dec to now they have said if not payed soliciter will be involved when did this come into force...



If you are a weeks owner, check what it says in your club constitution about not paying fees and repossession of week(s).  If in Vacation Club, check your Articles of Association to see what it says.

CLC Management Company are making up the rules as they go along.  Fixed week owners now have to give 12 months notice of giving up their week(s).  This has not been the case in previous years.  Obviously too many owners are trying to walk away from a product that is now becoming too expensive in terms of annual fees.
Sue B

ocelot45

Yes it is a very worrying experience being faced with ever increasing Maintenance. I am very interested in hearing from anybody who has been able to solve the problem of how to get out of it.
Malcolm

costalot

Solved it, by not paying it. Stuff em

easilyfooled

having paid up we have been told that we must
1) have all members cited on the certificate sign it on the back;
2) include a covering letter signed by all members cited on the certificate;
3) send the certifacte and associated covering letter to their Spanish address (recorded/registered overseas delivery recommended) to arrive at least 28 days before the invoice for the next year's invoices are sent out.
The end of your points will then occur on December 31st of the year in which you stop.
In fairness to them, when I dug around a bit I found that that does appear to be stated in their rules and regulations/asrticles of association.
We'll be doing this this weekend, as all the family are named and we will all be together (my 180th birthday).  I'll ask for confirmation of receipt and that the actions promised will be taken and that there will be no further invoices etc, and I'll report on results.  My hunch is that there will be one or other ofthe following::  one: a letter acknowledging receipt of the letter/certificate etc followed by an invoice for 2010 in November; two: no reply despite repeated requests, followed by an nvoice for 2010.  I'll keep you posted:  it might be the route out for those of us with less guts than costalot.

costalot

I " lost " my membership with CLC the other year through not paying the ever increasing maintenance fees. The only letter (one) I had of them just said if outstanding fees are not paid by due date your membership & points will be cancelled and they were. There was no mention then or since of legal proceedings. Obviously they are now taking a new approach. Perhaps it is scare tactics by them.
I to have writen to them on other topics. But either the letters have got "lost" in the post or CLC cannot be bothered to reply. I would sooner believe in Father Christmas than any thing that CLC say.
So, the only problem now is the money you have paid for points that do not exist anymore. That is another story.!!!!
Good Luck with your approach. But expect them to move the goalposts!!!

easilyfooled

I am pretty confident that they will move them.  It will be helpful, though, when they try it on next year, to be able to take evidence to court as a counter claim.  I can track the letter through to delivery. I suspect that they will back off as soon as they are told:  it wouldn't be publicity they would want to get in mags like "Which! holiday" and travel mags.
I'll let you know if Father Christmas comes early this year - or even turns up!

ajs444

Already received letter from Ashfords about a month ago, this morning received recorded delivery from CLC, which I did not have to sign for. The letter basically says my membership will be suspended in 14 days time if fees not paid. I was originally with Paradise Group and I am sure we were told that it was repossession if fees were not paid, I haven't signed any agreement with CLC since transfer so do not know their rights at this point.

costalot

Just seen this on CLC Members Forum.
Someone is asking how much CLC Membership is worth as their receiver has told them that CLC cannot put a value on their "Asset" . The receiver is having a problem getting it valued by anybody. Does this mean that it is worthless? The poster goes onto say that CLC wrote back to them and told them to " send the deeds back and they will drop the fees owing to them but will not give us any money for the points we own " The poster then says that they cannot do that as CLC state they are an " Asset " and the receiver has told them (poster) that they should not have done that. So it seems that even CLC are quering the value.

Watch this space!!!

easilyfooled

I have managed to leave CLC by going through all the rigmarole of having everyone named on the certificate sign it on the back and sending it with a covering letter signed by all parties, and stating the date when we wanted our membership to end.  Managed to get it finished and done by the end of July and will leave December 31st 2009.
Several interesting things though.  First - if you haven't been warned already, they have suddenly introduced a new rule that says that any attempt to leave must be completed by September 30th of the year in which you wish to resign.  So if you want to leave before the 2010 year starts - tough! they require 28 days etc and that will expire before the end of the month.  So you'll have to take the costalot option when they demand more money for 2010 as they will say you've missed the deadline for leaving.
Second, when we sold our membership to Club Greece we were advised that we could take our outstanding points in the following year as the maintenance charges relate to our existing points, not to the new points we buy each year. This one looks doubtful to me, but a different rep was adamant this year that if you pay your maintenance fees for 2009 that relates to your membership points for 2008, not your new membership points.  CLC don't accept this (of course).  Has anyone else been able to use their outstanding points in the year after they have paid their final maintenance subs?  It's making me nervous about Club Greece, but I suppose the main point in their favour is that the points you buy are RCI points, and their own charges are small (at least in comparison with CLC).  Maybe if you can't get rid of the points by selling them second-hand then getting them taken off you by transferring to another lot might be a way out if you are looking for one?

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