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Petchey / MGM Muthu

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Offline DASHA

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Re: Petchey / MGM Muthu
« Reply #20 on: November 23, 2017, 18:32:56 »
Hi Guys,
I've signed in 2003 contract at Tenerifa for Royal Albatros Club then was transfered into 149.000 points. Now I am paying >2.000 EUR yearly maintenance costs and for other reason not even using my points. I want to sell it for 1 EUR just to get rid of it. If I do not find anyone to buy do you think I can just sell my contract in notary deed to a homeless and let them trying to execute their maintenance fee? :-)
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Offline Ramesh

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Club Resorto not refunding the money after cancelling membership
« Reply #21 on: February 24, 2018, 04:43:46 »
There are many such Holiday sellers… one of them is Club Resorto Hospitality Ltd, operating from Gurgaon. The web site is clubresortoDOTcom.
They also send sms stating you are Invited for a dinner FREE for a couple Today at 7pm at Hotel xxxx, Name of city. by Club Resorto Grab your Entry Pass Call 9210170133....
Once you accept & visit them they sure will ensure they agree for whatever you ask for & get your signature on the T&C document & get you to swipe your credit card for some substantial amount.
Then you are stuck as they will not refund the money what you paid …..Instead they will send mail stating We have received Rs.xx,xxx/- by credit card and balance Rs. Yy,yyy/- to be paid. Now the amount is going to be much higher than that of what is agreed orally during the presentation.
Better be careful..... Beware and do not fall prey to these high pressure selling tactics…..
The worst part is the nice people so polished talks of these people will change completely when you go back to them for clarification or how you can cancel membership. They neither respond to your mails nor to calls….
Do any one know who got refund from these companies after cancelling the membership? It would be great if you can provide some info so that it will be helpful.
Its time we all group together & form a similar forun in India to deal with Timeshare / Holiday Vacation Ownerships....

Offline Minbin

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Re: Petchey / MGM Muthu
« Reply #22 on: April 20, 2018, 07:26:16 »
Hi - Looking for some advice regarding MGM Muthu.  I advised MGM Muthu back in August 2015 that we wanted to exit our timeshare contract as it was illegal as it was over 50 years.  We haven't paid our maintenance fees for 2016 and 2017 and have had an odd chase-up email which I have replied to advising that we are not paying as the contract is unenforceable and a few phone calls which I have ignored. I have now received an email saying the following "In regards to the Spanish law our company has always complied with the laws.  If a timeshare company does not have a trustee, then they are not complying with law.  However we have had the same trustee for almost 3 decades, therefore the perpetuity is valid and enforceable."  Does anybody know if this is correct?  I have a feeling that it is just to scare us into paying.  They have also offered us a breakaway contract as follows "If you wish to terminate your contract, the Company can offer you a Breakaway agreement. This will wipe out any outstanding fees and will remove any future liability. To clarify you would no longer have a membership. The cost to do this is 3,000 pounds. If you have any interest in this solution I am happy to send you by email the very simple contract."  I'd be grateful for any advice anyone can offer.  Thanks.


Further to my above post, we continued to ignore the odd chasing email and this year's maintenance fee invoice (with the previous unpaid years added) having previously advised numerous times why we were not paying the fees.  Finally, this week we have received a letter from Leisure Dimensions advising that unless they receive these outstanding fees by 12/05/18 they will be terminating our membership/ownership/certificate of Atlas Club in accordance with club documentation.  So it would seem that ignoring them has worked and we will be free of this!

Does anybody know if the fact that they have terminated our membership on the basis of our non-payment now mean that we would be unable to pursue a claim for mis-selling and invalid contract terms just in case we decided to do so in the future? 

Thanks.

Offline Williamdobbs

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Re: Petchey / MGM Muthu
« Reply #23 on: April 20, 2018, 10:29:51 »
I don't think the presumption that timeshare resorts won't sue you holds weight these days as there are many summonses landing on the doors mats of defaulting timeshare owners.

Offline seager64

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Re: Petchey / MGM Muthu
« Reply #24 on: April 20, 2018, 17:16:25 »
Hello,
A member has posted that a lot of timeshare companies are issuing summonses for non payment of fees. Could he please inform the forum of how he has obtained this knowledge. I have never been able to read of any case which of resulted in a judgement given for non payment.     
Seager64

Offline Norm de Plume

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Re: Petchey / MGM Muthu
« Reply #25 on: April 21, 2018, 11:26:30 »
The fact that summonses may be being issued does not mean that they will be successful. However they do need to be properly defended.   One of the main defences is jurisdiction which has to be specifically raised. Many contracts state that jurisdiction is in the Isle of Man, which precludes the English Courts from dealing with the matter. Bear in mind too, that any contractual matters are subject to the 6 year Limitation period, which applies both ways.
If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name. (www.prostatecanceruk.org)

Offline jcorrea-lawyer

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Re: Petchey / MGM Muthu
« Reply #26 on: April 21, 2018, 15:30:29 »
I’ve just had one case of claiming fees and it was in Ogisaka Gardens, Alicante, not a so popular Club. The claim haa been in Spain and against a Spanish client.
However, what has happened recently, and in relation to Royal Park Albatros, is that I got an agreement with them to receive the week back without any kind of compensation for any part. The client just returned membership certificates duly signed and they have taken and cancel her membership.
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com [nofollow]

 


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