Timesharetalk

General Forums => General Discussions => Topic started by: charlie1 on February 21, 2016, 21:53:05

Title: Reminder guide on how to exit timeshare
Post by: charlie1 on February 21, 2016, 21:53:05
I have reproduced this suggested guide as I am finding timeshare owners attending sales presentations and are persuaded to enter another scheme they would not have considered if there was not the promise of disposing of their existing timeshare.

Before a timeshare owner considers exiting they should review why? Is it because they have a genuine life style challenge or is it because their timeshare does not seem to be working for them.

To begin with you need to shut out all the noise of the negativity created by those non-thinking Timeshare Companies that attracted media attention by locking in their members regardless of their members lifestyle challenges. Some Timeshare companies go beyond this by threatening their member’s beneficiaries with timeshare debt. Talk about shooting yourself in the foot. Its rare that I come across such a very poor business decision on this scale in my opinion.

Next you need to put in your earplugs for those Companies that are promoting exiting for their gain!


Now thats done its time for the timeshare owner to consider why THEY want to exit and everyone will have their own reasons. To my experience there are a high percentage of timeshare owners that consider leaving because timeshare is just not working for them. Most have never been shown how to work their timeshare. If that’s the case then put your questions to this forum and you may be pleasantly surprised. If your feeling overwhelmed with timeshare then review this link on best use. http://www.timeshareweekly.com/index.asp?bid=94

If it is a life style challenge consider these steps.

1) The first thing to do is contact your Timeshare Company. There are Timeshare Companies that allow members to exit!! There are others that will listen to genuine lifestyle challenges and allow members to leave. I have known timeshare owners to pay to come out of their Timeshare to a third party when they could have exited freely!!

2) If your Timeshare Company will not still allow you to leave there has been plenty of guidance provided on this forum by experienced timeshare owners alongside those in the legal profession that may assist. There have also been other Companies on here offering their services to assist the consumer. Knowledge is power join this forum freely and access the search facility and do a simple search, as lots of past advice has been provided in general and specifics that may relate to your Timeshare Company.

3) There are those timeshare owners that will write an appropriate letter to their Timeshare Company and just sit it out and ignore the threats and telephone calls and just ride it out. I have yet to hear of a Timeshare Company take anyone to court successfully in the UK. 

4) There will be those consumers that would prefer to seek the assistance of a company to walk them out.

This forum would welcome those businesses that feel they can provide this service. We need transparency - mutual respect - honest intent and not to try to play the forum. There will be questions I am sure but that can only be a good thing, as no one is going to come on here unless they genuinely feel they can be of service. Those members that want to be walked through their exit are aware that there will a cost involved that works, as long as they see value.

Timeshare Companies that don’t have a fair exit option need to wake up because your members are going to leave anyway! They need to turn this around and take control and put together fair exit strategies that does not cost their loyal members. This should be worked in with a timeframe that allows the Timeshare Company to get its house in order with new timeshare contracts that will attract new members so new members coming in will balance those leaving.

Sadly it appears as if some Timeshare Companies are so short sighted that they still have their nose in the trough trying to find different ways that they can financially gain from their own member’s plight with more schemes that cost so their member can exit! 

There are solutions but most Timeshare Companies that are on lock down are not YET listening.
Title: Re: Reminder guide on how to exit timeshare
Post by: As_Is on February 22, 2016, 11:10:45
There is a piece in the above post which reads:-  "I have known timeshare owners to pay to come out of their Timeshare to a third party when they could have exited freely!!"
There are one or two companies in the paralegal sector who have failed to tell you this or fail to find out which resorts allow exits without the need to employ the use of a paralegal company... They just want your money. So first port of call should always be your Resort Organisation.
Why do you never hear of this fact? The answer is that the paralegals sign you up to a confidentiality clause.. It is quite frankly not worth the paper it is written on as it would never stand up if challenged but is enough to prevent desperate and scared people from reporting should they later found out that they could exit for free.

Similarly as Charlie 1 says we have never heard of anyone being successfully taken to court for simply ceasing to pay after being refused exit. Those that sit it out and simply ignore the threats are eventually allowed to leave on signing a confidentiality clause.... As a consequence, you never hear of them as they supposedly have a large sum hanging over their heads should they break their silence and report on their successful stance in leaving timeshare.
Title: Re: Reminder guide on how to exit timeshare
Post by: Mavo on February 22, 2016, 21:08:02
Yes. If your Developer is a member of RDO please research what the mandatory agreement of all RDO members is in order to see if it can be applied in your case. The developers are not obliged to tell you they are members of RDO nor will some of them tell you of the mandatory obligations they have agreed to as members of RDO with regards to exits. If in doubt ask here.
You can be assured that we will not mislead you or fail to assist you. Put your trust in your fellow consumers and not in organisations who are being questioned at this moment in time as to where there true loyalties lie.
Title: Re: Reminder guide on how to exit timeshare
Post by: Cogland on February 24, 2016, 18:11:52

I know of one person who walked away from RCI having claimed miss selling. He had the letters and threats but stuck it out and they eventually conceded.
Dont know what he had to sign but I am sure many companies do use the confidentially clause.
Title: Re: Reminder guide on how to exit timeshare
Post by: pathfinder on February 24, 2016, 19:26:52
I think a measure of the concerns of the industry about the future with regards to forthcoming likely court rulings is being demonstrated by CLC .
CLC will allow free exits from their products providing those exiting sign away any rights to sue CLC at some future point in time. We have to think that this is because they fear that their products may have question marks against the legality of what or how those products were sold to the public or perhaps the structure of their contracts may be questioned. Whatever the concerns it is a guide to the industries fears as to how events are unfolding.
Title: Reminder guide on how to exit timeshare
Post by: jcorrea-lawyer on February 25, 2016, 09:13:20
Charlie 1, it is well known that one thing that threatens, not only to persons but organisations, is to change. To me developers or traders are scared to open the doors because those that leave will be very difficult to replace. New generations are not keen of this kind of holiday product, at least as is marketed nowadays. Change, rebirth, is the only way to have a future. Everything is changing very rapidly but this is not reaching to the timeshare business. Very good post Charlie1, thank you.

CLC seems to be acting in a smart way. Their contracts not only could be null & void because of the possible applicability of the recent Supreme Court rulings, they may be declared null & void because they ignore the mandatory application of the Spanish law to those Clubs based in Spain. There are already jurisprudence from the Court of Appeal of Malaga in this sense.
Title: Re: Reminder guide on how to exit timeshare
Post by: As_Is on February 25, 2016, 12:11:48
With regards to events in the Spanish Courts. It seems to be not a matter of if but when it all goes against the developers and the many thousands of contracts are finally declared to be null and void and new, fair to consumer, contracts are drawn up to be signed by those consumers who are prepared to do so.
It would be safe to assume that the lack of activities in this direction by most developers is not building any trust with their customers and the longer they delay in responding to events the more consumers will not have the confidence to sign up to a new and fairer contract if and when one does appear.
Procrastination is not the best way forward is my way of thinking as the clock is ticking on this one. 
Title: Re: Reminder guide on how to exit timeshare
Post by: Marvin on February 25, 2016, 12:27:14
The problem is who wants to give up easy money?
Title: Re: Reminder guide on how to exit timeshare
Post by: charlie1 on February 27, 2016, 09:22:01
The problem is who wants to give up easy money?
Timeshare Companies should be evaluating their stats - a sobering question to ask themselves is? How many members did you have 5 or 10 years ago compared to now? Most will find their members are leaving anyway. Regardless what threats a resort will apply timeshare owners are still leaving. Why is this?

1) The internet is educating timeshare owners on what steps to take. For example the first post provides a basic guide.

2) There are more companies forming, as Timeshare Companies have created another huge market place by not adjusting with life style changes and have largely ignored their members. Most have so far ignored a solution that would be fair to their members for exiting and they have just kept their business hat on. Now there is a massive market of timeshare owners looking for an answer to their concerns if their Timeshare Company is not providing a fair exit option

3) New Companies and Timeshare Companies are amplifying and scare mongering
timeshare owners to 'upgrade' and take their product in exchange for their product.

4) Scam companies just scare monger
and do little else than take a timeshare owners money then simply disappear.

There needs to be a change starting with Timeshare Companies taking back control and personalising their own exit strategy. All the aforementioned would disappear. How could anyone approach your members if the member is aware that they have an option to exit fairly without paying a financial penalty?


There are workable solutions that should be debated and personalised - but most will still try to sit it out as they have done year after year watching their membership shrink. They are allowing their members to be picked off by other companies at a cost to the member and their own Timeshare Company.

The one thing we can guarantee is change and if some Timeshare Companies do not adjust they will simply become another victim of their own incompetence. It is nothing to do with Timeshare becoming a dated model. it is simply the fact that they have failed to provide a product relevant to the 21st century in timeshare.

We will find that as time progresses those Timeshare Companies that do not penalise their members if they wish to exit will be known and promoted. Timeshare Companies that do not charge a fee for exiting will become more attractive to the younger generation as they become more educated on best use.
Title: Re: Reminder guide on how to exit timeshare
Post by: pathfinder on February 27, 2016, 10:53:49
The root cause of all that is wrong in and around the Timeshare Industry from a lack of exits to the growth of Leisure Credit Companies who give very little in return for a lot of your cash, Paralegal Companies who sell you a service that you could and should be able to do for yourself. Right down to the blatant scam companies who give nothing apart from showing you an, expensive for you. disappearing trick. All this is down to one sector of the industry and one sector only and that is the Timeshare Developers who with one fell swoop could show us all a really good trick and make all these hangers on disappear for good in one fell swoop. But history shows that they will all talk about it at the forthcoming TATOC Conference and do exactly nothing. This is why timeshare has gained the reputation and standing that it suffers from today.
 Timeshare in the eyes of the general public is now a dirty word simply because of it`s inertia.
Title: Re: Reminder guide on how to exit timeshare
Post by: Marvin on February 29, 2016, 08:01:01
Yet another word of caution from TCA:

http://www.timeshareconsumerassociation.org.uk/2016/02/25/the-timeshare-mart-con/

Title: Re: Reminder guide on how to exit timeshare
Post by: Marvin on February 29, 2016, 08:08:25
And another:

http://www.timeshareconsumerassociation.org.uk/2016/02/24/telemarketing-oap-sentenced/

For a guide on how to exit timeshare please see first post on this subject by Charlie, don't end up as an 'also scammed' on a report by TCA

Title: Re: Reminder guide on how to exit timeshare
Post by: eneri on February 29, 2016, 11:18:05
I'm no legal expert but doesn't the two examples quoted by Marvin emphasize the difference about how the law in the USA and the UK treats its citizens who have been defrauded by these unscrupulous people.
Title: Re: Reminder guide on how to exit timeshare
Post by: Marvin on February 29, 2016, 12:53:02
EMBASSISINGLY, YES

The same as it does for banking crisis convictions....
Title: Re: Reminder guide on how to exit timeshare
Post by: Marvin on April 16, 2016, 13:56:15
Many people ask the same questions about exiting timeshare so to help I have brought this topic up again.

Check out the first post in this thread by Charlie1 and good luck.  ;D
Title: Re: Reminder guide on how to exit timeshare
Post by: rrb on November 10, 2016, 21:59:06
All good - but surely we should be able to get our money out also - not just give them back so they can catch other people in the same predicament

i think we should be able to go to court and get the contract null and void and get our invested money back

there is a firm doing just that - there is a cost but it is worth it as they are good at what they do.

canarianlegalalliance.com/silverpoint-victory-contract-declared-null-and-void/

Regards

rrb
Title: Re: Reminder guide on how to exit timeshare
Post by: paulmccomb on November 30, 2016, 16:24:32
 :'( Bought timeshare with Marriott, it's like a millstone round our neck due to the very high maintenance fees now nearly £7000 per year!! Contracted their resales department. They say they do not want it back. We bought weeks in Phuket when we were staying in a Marriott property in Spain, told it was an investment for our children and that people were renting their weeks out on ebay for £8000. The lease is for 80 years. Can anyone advise how to get out of this nightmare. Would the Spanish law cover something sold in the Spanish Mainland even though it was in another county.
Title: Re: Reminder guide on how to exit timeshare
Post by: Norm de Plume on December 02, 2016, 10:37:31
What does the contract say about jurisdiction? You could stop paying and see what happens.
Title: Re: Reminder guide on how to exit timeshare
Post by: Roadrunner on February 06, 2018, 14:48:53

I know of one person who walked away from RCI having claimed miss selling. He had the letters and threats but stuck it out and they eventually conceded.
Dont know what he had to sign but I am sure many companies do use the confidentially clause.
I am cancelling my timeshare contract, and true, I can do this free of charge direct with the resort but I have to sign a disclaimer waiving all my rights and means I could never go back for any further claims or compensation, so I have decided to use a paralegal which did not cost an awful lot.
Title: Re: Reminder guide on how to exit timeshare
Post by: colinc1 on June 27, 2018, 06:59:36
Good morning everyone.

Is it still the case that no Timehare company has yet successfully taken an owner to court and succeeded in respect of non payment of maintenance fees?
We have time in Portugal with Resort Solutions.

Thanks in advance.

Title: Re: Reminder guide on how to exit timeshare
Post by: devil in disguise on June 27, 2018, 07:52:01
Some timeshare resorts have now started to pursue consumer for non payment of fees. Which resort are you with ?
Title: Re: Reminder guide on how to exit timeshare
Post by: Roadrunner on June 27, 2018, 11:03:57
All my correspondence to cancel my contract has been ignored by my resort, so I have not paid my annual membership fees, and am now in breach of my contract, so they may sue me but I doubt it.  However I am still paying the loan company so technically do I still own the timeshare?
Title: Re: Reminder guide on how to exit timeshare
Post by: colinc1 on June 29, 2018, 12:04:50
My personal resort is Monte Carvoeiro in Portugal
Title: Re: Reminder guide on how to exit timeshare
Post by: colinc1 on June 29, 2018, 12:29:53
Other thoughts i have had, is to ask for a complete breakdown of the maintenance fee invoice. Most resorts, if not all, supply a lump sum invoice, but i understand that the consumer is legally entitled to have it broken down.
Also if taken to court there is within the Consumer Rights Act of 2015 a clause which states " A term is or notice unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer." This might apply if for example, a viable exit strategy has been taken away, or if the resort demands fees despite the fact that the owner can no longer travel.




 
Title: Re: Reminder guide on how to exit timeshare
Post by: devil in disguise on June 29, 2018, 15:05:34
All timeshare contracts are different, however, if the contract refers to 'Maintainance fees, you are in effect maintaining a property you have a right to occupy all be it in a particular week.

Accordingly, you are entitled to a breakdown of the costs and an explanation as to the way that cost needed to be incurred.

Of course, you will appreciate that some costs will be due and owing and these should be assessed and paid by you