Getting out of my timeshare

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Offline gpblancs

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Getting out of my timeshare
« on: September 16, 2018, 20:59:17 »
Hello everyone.

My first post on the Forum and most definitely not the last.

You'll see from the topic heading that I am one of the many about to start the process of getting out of my timeshare contract. Mine is with Sunset Beach Club, Benalmadena, Spain  and was a resale bought in the UK through an agent in 2000. As no contract length is stated it is an in perpetuity one.

I have been in contact with/been contacted by a couple of companies who will do this for me for the princely sum of £3,995. Funny how both prices where that same  :D

I've just been reading the Reminder ....... that charlie 1 has put on the Forum. There is an awful lot of useful information but has anyone put together an idiots guide?

Also, is there anyone on the Forum who has has had dealings with Sunset Beach at Benalmadena ?

Finally, does anyone know what impact Brexit might have on my/our process of getting out of timeshare contracts

Looking forward to your replies


Offline Tanveer Karn

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Re: Getting out of my timeshare
« Reply #1 on: September 17, 2018, 10:42:10 »
The most important fact you have disclosed is you bought your timeshare through a 'resale agent' so you may not be entitled to rely upon the consumer protection laws and it's a 'Consumer on Consumer' but a 'trader on consumer' transaction.

So you might be the victim of scam Companies selling you a dream of Compensation which if litigated may result in Problems for you.

The second issue is that of Jurisdiction. The Jurisdiction for settling disputes can be found in the constitution of the club. Where is it the UK Spain or?

If the UK, as you bought the time over 18 years ago, have you used it for 18 years, what is the reason why you believe that either compensation or termination is available?

In short, what happened to bring to your present mind to a point where you believe that a problem exists? Has something happened to you that has moved you from the position of being a long-term happy consumer to that of an unhappy one, or is it the statements which those who solicited you with cold calls, as it can quite dangerous to take advice from unsolicited approaches! 

Offline gpblancs

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Re: Getting out of my timeshare
« Reply #2 on: September 17, 2018, 20:09:32 »
Thanks for the reply.

I think the best way to answer your questions is to do them one at a time.

1) Sunset Beach Club is in Spain but their offices are in the Isle of Man which is where we pay our maintenance fees to.
2) I don't have a copy of the resorts constitution. Is that something I should get a copy of?
3)We have only used the timeshare once. All other weeks have been banked through RCI for exchange purposes. In reality I am not looking for compensation I simply want to exit my timeshare contract. As the timeshare contract has no fixed period it means that is in perpetuity and my understanding is that this makes it illegal.
4)The reasons for wanting to extract the contract are as follows: a) My wife was diagnosed with a degenerative chronic back condition which means that travelling abroad has become very difficult if not impossible when her condition is at it's worst. b) The maintenance fees have risen to a point where it is no longer worthwhile. c) We are now both retired and simply cannot justify the cost. d) When buying the timeshare we were told it was an asset, an investment, which we now know was not true.

5) We have not been happy with the way the maintenance fees have risen over the last 3-4 years but the combination of the above reasons have brought us to a point where we want out.

I hope I have covered your question/comments. If not please let me know.

Thanks again.

Offline Tanveer Karn

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Re: Getting out of my timeshare
« Reply #3 on: September 19, 2018, 11:40:05 »
If my information is correct, Sunset Beach Club was managed by Sunset Beach Club (Management)Limited, however, is now managed by Diversified Resorts Ltd and the trustee is FNTC who are based in the Isle of Man.

FNTC are founding members of the Resorts Development Organisation (RDO) who have a policy regarding exiting of Timeshare Contracts.

That policy advises that should one of the timeshare owners suffer from a severe ‘medical condition’ that would frustrate the enjoyment of the product a consumer bought, they can exit the timeshare contract if, the management fees are up-to-date.

Assuming you are up to date, you should be able to rely upon the Policy and obtain an exit from the membership of the club, which delivers the yearly Management fees.

If they don’t permit a exist, they might be in contravention of their own policy and FNTC should advise them of the obligation.
On the matter of Compensation, I don’t believe you have a case for compensation, as I explained it was a consumer - on - consumer transition. Should others suggest otherwise, you are being, mislead.

The banking of the RCI is a sidebar issue. The fact is, you own a timeshare paid the fees to your home resort and then decided to place the week into an exchange system and paid them another fee which opened up to you other opportunities. That contract is separate from that of the commitment to the club. That aside, as part of the conditions for entry into RCI was you were required to maintain the timeshare, so it could be capable of being exchanged. The fact that you did not visit your home resorts is irrelevant as you benefited from it, in the exchange system.

Hope this assists you

Tanveer Karn

« Last Edit: September 25, 2018, 15:34:37 by Tanveer Karn »

Offline gpblancs

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Re: Getting out of my timeshare
« Reply #4 on: September 19, 2018, 23:00:49 »
Tanveer thank you so much.

That is great information. We are up to date with our Managment Fees, the next ones are due next month.

Am I right in thinking that I need to see a copy of the policies of the RDO in the first instance. And then contact Diversified Resorts or FNTC?

Assuming we get a positive response form one of those two organisations we can provide Orthopedic Consultant reports and MRI report information of my wife's condition if required.

If I'm not carrying out the process in the correct way please let me know.

But once again that information is so so helpful.

Geoff

Offline Tanveer Karn

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Re: Getting out of my timeshare
« Reply #5 on: September 20, 2018, 18:14:19 »
You do not require a copy of the policy, it exists has been referred in by the RDO and Government you just have to quote it.
Just write to the Resort explain you are leaving on medical grounds and they should consider it, the might ask for proof, however, get it in before the management fees arrive.

Happy to help

Tanveer
« Last Edit: September 25, 2018, 15:34:56 by Tanveer Karn »

Offline gpblancs

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Re: Getting out of my timeshare
« Reply #6 on: September 20, 2018, 21:27:04 »
Thanks Tanveer once again.

I will email them tomorrow.

I'll update here when I have something

Geoff

Offline Tanveer Karn

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Re: Getting out of my timeshare
« Reply #7 on: September 21, 2018, 18:57:31 »
You're Welcome

Tan

Offline gpblancs

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Re: Getting out of my timeshare
« Reply #8 on: September 21, 2018, 20:52:05 »
 Hello Tan,

I have found the policy section at the RDO for me to refer to.

I've been trying to compose my email to Sunset Beach and I'm not sure if I make reference to knowing who the management company is and who the trustees are. I don't want to go in too heavy handed so that I upset them but at the same time I want them to know that I have useful information.

Any guidance would be appreciated.