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Legal position of not paying annual fee

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Offline Norm de Plume

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« Reply #160 on: November 05, 2010, 16:33:23 »
Similar problems.
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.prostate-cancer.org.uk)


Offline hypnoman

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« Reply #161 on: November 06, 2010, 12:05:11 »
Stamford - I've just had a similar letter today from the Scottish DCA working for Sunny Coast
I can't pay the fees in full so as I see it my alternatives are:
1) Speak to Sunny Coast and offer to pay monthly
2) Speak to the DCA and offer them same deal
3) Do nothing and see what happens!
Any advice anyone?
I'm based in England so can a Malta/Isle of Man company take legal action?
 

Offline Norm de Plume

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« Reply #162 on: November 06, 2010, 12:30:24 »
Option 3.
They can sue in England but as I have said elsewhere, jurisdiction depends upon the terms of the contract.
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.prostate-cancer.org.uk)

Offline stamford

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« Reply #163 on: November 06, 2010, 14:47:10 »
Hi all. Thanks for your replies.

The actual address for this company as it is written on the bills they send out is.

SUNNY COAST RESORT of MALTA LTD.
4th Floor, Exchange House,
54-58 Athol Street, Douglas
Isle of Man, IM1 1JD
British Isles.

Why would you have that address if you are based in MALTA ?
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Offline hypnoman

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« Reply #164 on: November 06, 2010, 15:55:31 »
Thanks for the advice Norm de Plume but as my knowledge regaring legal matters is scant, perhaps you could kindly expand on what you mean by "juristiction depends upon the terms of the contract"
 

Offline Kevscar

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« Reply #165 on: November 06, 2010, 15:59:47 »

Offline Norm de Plume

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« Reply #166 on: November 06, 2010, 16:14:57 »
A contract will often state in which country disputes are to be resolved.  Otherwise the Courts will have to construe where the parties intended disputes to be resolved.
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.prostate-cancer.org.uk)

Offline hypnoman

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« Reply #167 on: November 06, 2010, 18:22:34 »
Thank you for your replies.
 

Offline hypnoman

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« Reply #168 on: November 07, 2010, 13:50:58 »
There is a company called Terminate My Timeshare.co.uk that seemingly promises to releive you of your timeshare at no fee whatsoever. It sounds too good to be true. Has anybody had any dealing with this company? (Apparrently it's a "face to face" meeting you have to have with them.)
 

Offline hypnoman

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« Reply #169 on: November 07, 2010, 15:47:19 »
Norm de Plume: I have my original copy of the Constitution of Sunny Coast Club given to me in Malta when I purchased the timeshare. Article 30 says thus: PROPER LAW "This constitution shall be governed and construed in accordance with the laws of the Isle of Man and the rights of all persons hereunder and the effect of each and every provision hereof shall be subject to the non-exclusive juristiction of the Courts of the Isle of Man"

In laymans terms norm, does this mean I have to be taken to court in the Isle of Man to claim the fees or can they still sue in an English court of law?
 

Offline Norm de Plume

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« Reply #170 on: November 07, 2010, 16:54:52 »
I don't know what they mean by "non-exclusive jurisdiction", which seems to contradict the rest of the provision.  I read it as meaning they have to sue in the Isle of Man, and would plead that as a defence if they sued in England.
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.prostate-cancer.org.uk)

Offline hypnoman

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« Reply #171 on: November 07, 2010, 17:03:10 »
Thank you Norm.

Stamford, I have all my original paperwork from Sunny Coast (since June '86 when we originally purchased) Let me know if I can help you with any documentation you may require. Let's see what happens this week and whether we hear from the DCA again!!

 

Offline hypnoman

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« Reply #172 on: November 07, 2010, 17:17:56 »
Just read the original Purchase Agreement we have from Sunny Coast. This states in Purchase Agreement Condition #9: "This Agreement shall be goverened by and interpreted strictly in accordance with the laws of the Isle of Man"
« Last Edit: November 07, 2010, 17:20:27 by hypnoman »
 

Offline Timeshare Elimination.net

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« Reply #173 on: November 07, 2010, 18:51:49 »
quote:
Originally posted by hypnoman

There is a company called Terminate My Timeshare.co.uk that seemingly promises to releive you of your timeshare at no fee whatsoever. It sounds too good to be true. Has anybody had any dealing with this company? (Apparrently it's a "face to face" meeting you have to have with them.)



Hypnoman hope this will help you.
Terminate my timeshare.co.uk is a scam already has a topic from 14/01/2010. http://www.timesharetalk.co.uk/forum/topic.asp?TOPIC_ID=11766

If you just wont out of your timeshare read this post  Timeshare Elimination http://www.timesharetalk.co.uk/forum/topic.asp?TOPIC_ID=12082&whichpage=2
steve fox (Timeshare Elimination UK)

Offline madoc723

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« Reply #174 on: November 08, 2010, 12:52:10 »
Has anyone tried this argument?

The fundamental, indisputable principle behind timeshare (as explained to me and everyone who has ever attended a timeshare presentation) is that you pay an upfront fee to receive holiday weeks at less than the market price in the future. As my maintenance fee this year is x and the current market price (as advertised on your website) for a similar week in a similar apartment is y there is clearly something wrong. Either the fee is too high or you are in breech of contract for failing to provide what you sold me.
 

Offline Norm de Plume

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« Reply #175 on: November 08, 2010, 14:25:11 »
It depends on whether a Court woulkd construe this as a term of the contract or a mere "advertising puff".  However, its worth arguing.
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.prostate-cancer.org.uk)

Offline madoc723

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« Reply #176 on: November 08, 2010, 15:03:33 »
OK I will try it and let you know what happens. I can't see how they can possibly dispute that everyone was told this before they bought, we all were - FACT. It is THE KEY selling point, not some minor detail. Why would anyone buy if they weren't told this? No-one is going to agree to pay upfront fees knowing this will obligate them to pay 3 times the market rate in a few years time....

In the unlikely event they do dispute it then it should be really easy to get a mass witness statement from everyone on here to state that we were all told this, because we were.

This proved I can't see how they can possibly hope to win a court case claiming fees for anything above the market rate of the week in question. How could any court could possibly award that?
 

Offline Ned60

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« Reply #177 on: November 08, 2010, 15:45:44 »
Madoc723, we are living through a time where Councils pay out damages to people who have conkers fall on their heads - I think you'll find many court decisions out there that don't make any sense!
 

martyboy02

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« Reply #178 on: November 08, 2010, 15:47:35 »
Madoc723

If what you have been told by the reps is written then you stand a good chance, if it is verbal then the Moorov Doctrine would come into , if the Doctrine is accepted by the court then that will improve your chances again, it is accepted in Scottish courts, not sure about the rest of the UK.

Offline madoc723

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« Reply #179 on: November 08, 2010, 15:52:54 »
I guess the other logical argument here is that there must, by definition, have been some implied benefit to paying a lump sum up front for the timeshare week. If there was no benefit then what are we paying for.

The fact I can now book the same week in the same apartment at my resort for less than 1/3 the cost of the maintenance fee is clearly not beneficial in any way shape or form. Surely this is another clear breach of contract.
 

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