KwickChex

0 Members and 1 Guest are viewing this topic.

Offline seager64

  • Jr. Member
  • **
  • Posts: 85
  • Karma: +34/-6
KwickChex
« on: October 05, 2015, 23:49:33 »
Hello,
This is an open post to KwickChex I paid £275 to a timeshare resale company which is a TATOC, member. When I approached them to sell it I was told they would list it for nothing. But if I paid for premier advertising for six months they would promote it more extensively where it would reach a far wider audience and have a greater chance of a sale. Since the six months has now expired and no sale. Could you please advise if I have a case to pursue them through the small claims court for reimbursement of my money and report the company to trading standards.  As I believe charging any upfront fees for selling a timeshare is illegal.
Seager64   
Seager64

Offline KwikChex

  • Jr. Member
  • **
  • Posts: 78
  • Karma: +6/-6
Re: KwickChex
« Reply #1 on: October 06, 2015, 09:28:33 »
Hi seager64

It would be difficult to say without seeing the agreements and any relevant correspondence. What we do when we receive consumer concerns through the Timeshare Task Force is to carry out an initial evaluation. If it is clearly against consumer protection regulations, then we will immediately assist with getting monies back and start working on the case with the appropriate authorities. If it is a grey area we will consult the authorities and any actions will depend on expert legal opinion.

If it is more likely to be classed as a civil dispute, then we will seek opinion and then refer them to that.

Have you complained to the business involved - and if so again, have they responded?

One of the most crucial points will be to assess what was promised (even verbally) and what actually took place - we would as always be happy to carry out this initial process in your case if you would like us to. 


As part of our Timeshare Task Force activities, KwikChex provides free assistance to consumers who believe they may have experienced problems with mis-selling and breaches of law. This is made available via the Timeshare Business Check website www.timesharebusinesscheck.org [nofollow]

Offline pathfinder

  • Jr. Member
  • **
  • Posts: 62
  • Karma: +13/-10
Re: KwickChex
« Reply #2 on: October 06, 2015, 09:51:47 »
If the situation was interpreted as a case of misrepresentation under the Trade Description Act this would most likely be looked upon as a criminal act on a huge scale with the possibility of imprisonment for the perpetrators if found guilty.
 The above seems to be what the Trade Description Act indicates would be likely to happen.


Very interesting can of worms this one possibly is. 

Offline Boss Man

  • The Boss Man
  • Global Moderator
  • Hero Member
  • *****
  • Posts: 6624
  • Karma: +41/-45
Re: KwickChex
« Reply #3 on: October 06, 2015, 09:54:39 »
The prohibition of an upfront fee only applies to the initial sale of a timeshare.  You are the seller in this case.  No estate agent guarantees the sale of a property.  Nobody in their right mind would guarantee the sale of a timeshare, for which there is almost no market.  Your only chance of recovery would be if they had failed to advertise it. 

Mavo

  • Guest
Re: KwickChex
« Reply #4 on: October 06, 2015, 10:37:07 »
I think what lancejack is getting at is that if your main income stream is being derived from advertising and not selling and you are deemed by the public to be resellers and listed as such at Companies House then the companies activities could be construed as misrepresentation under the Trade Descriptions Act.


There is an element of disquiet about the failures and ineffectiveness of resellers to efficiently market the products they contract to attempt to sell on the consumers behalf and if this thread galvanizes them into making greater efforts for their advertising revenue then as consumers we have to be all for it and the topic will have served a positive purpose.

Offline Boss Man

  • The Boss Man
  • Global Moderator
  • Hero Member
  • *****
  • Posts: 6624
  • Karma: +41/-45
Re: KwickChex
« Reply #5 on: October 06, 2015, 10:57:51 »
I think what lancejack is getting at is that if your main income stream is being derived from advertising and not selling and you are deemed by the public to be resellers and listed as such at Companies House then the companies activities could be construed as misrepresentation under the Trade Descriptions Act.


Advertising is a necessary part of selling or reselling.

Mavo

  • Guest
Re: KwickChex
« Reply #6 on: October 06, 2015, 11:22:31 »
[quote


Advertising is a necessary part of selling or reselling.
[/quote]


I agree but under normal circumstances advertising is in the debit column of accounts. There are suggestions being made that in the case of resellers it appears as their major income stream and therefore it appears in the credit column and only plays an incidental and largely insignificant part in the debit column.

Offline Boss Man

  • The Boss Man
  • Global Moderator
  • Hero Member
  • *****
  • Posts: 6624
  • Karma: +41/-45
Re: KwickChex
« Reply #7 on: October 06, 2015, 11:33:51 »
I'm afraid lancejack's point is not a good one.

DavidCox

  • Guest
Re: KwickChex
« Reply #8 on: October 06, 2015, 12:40:51 »
Resale contracts 9.

 A “resale contract” means a contract between a trader and a consumer under which the trader, for consideration, assists the consumer in buying or selling rights under a timeshare contract or under a long term holiday product contract.

General information:

 The consumer has the right to withdraw from this contract without giving any reason within 14 days from the conclusion of the contract or receipt of the contract if that takes place later.

 Any advance payment by the consumer is prohibited[/u] until the actual sale has taken place or resale contract otherwise is terminated.

The prohibition concerns any consideration, including payment, provision of guarantees, reservation of money on accounts, explicit acknowledgement of debt etc.
 It includes not only payment to the trader, but also to third parties.

 The consumer shall not bear any costs or obligations other than those specified in the contract. -

Offline fellrunner

  • Jr. Member
  • **
  • Posts: 94
  • Karma: +12/-4
Re: KwickChex
« Reply #9 on: October 06, 2015, 13:27:58 »
Hmmm!  £550 per annum for doing very little. Nice little earner that one and it does not take Sherlock Holmes (or his sidekick Watson) to work that out.

I thought that there may be a bit of something in what lancejack said so I had a nosey around.

Strange that I cannot find an approved Timeshare Reseller at the Chartered Trading Standards Institute?  Maybe my search in Bournemouth was not the place to look!

http://www.tradingstandards.uk/advice/Specificproblemadvice.cfm [nofollow]   This link may be a place with some answers to Seager64s question though   (and a futile search for Trading Standards Approved Timeshare Resellers)