Timeshare Consumer Guide: Bogus Solicitors and Legal Firms 31

For consumers approached by a company who say they can help claim back money paid to another company.

There is a great deal of concern within the industry and consumer bodies about companies who target timeshare owners promising to take action to recover money they have lost in unhappy deals with timeshare marketing companies, resale companies, other holiday products such as holiday packs & Discount Travel Membership Clubs, Cash-back schemes, reclaim certificates, etc. often claiming to be acting in conjunction with local or national government agencies to recover lost money.

A considerable number of people have been prosecuted in Spain for fraudulently presenting themselves as legal companies and taking money from unfortunate people who have already lost money to other fraudulent practices or failed holiday scheme.  They are extremely convincing and persuasive in their approach.  Don't become another victim yourself.  

We recommend timeshare Owners never give money to anybody who 'cold-calls' them, never to make payment upfront, and never without first checking very thoroughly their credentials and authority to act in the particular case.  If you do decide to pay any company (having done your research very thoroughly) make sure you do so through a UK registered credit card company to ensure you have the protection of Section 75 of the 1974 Consumer Credit Act. 

A European Directive 2008/122/EC which is implemented in all EU member states covering Timeshare and Holiday Clubs made it illegal for a company to cold call you and ask for any form of upfront payment within a mandatory 14 day withdrawal period. If you are approached by any individual solicitor or legal company who request any form of upfront payment we recommend you speak to an official government agency and the Law Society from the appropriate country to verify their credentials, their legitimate involvement and the requirement to pay them any upfront money.   

If you are genuinely entitled to any money because a company has gone into liquidation you will be contacted directly by an official agency or by the liquidator. 


RCI Pure Points. These are simpler because they are not tied into the right-of-use of any other timeshare asset.  Owners can sell them privately or through a reputable resale company. The difficulty with selling RCI Pure Points is that the number of Pure Points purchased may have been relatively small and, on their own, are usually not sufficient to provide an adequate level of ownership for a new purchaser.  This limits the potential purchasers to people who are already RCI Pure Points owners and want to buy more.

People often find it difficult to sell a small number of RCI Pure Points and have to consider resigning their ownership. Again this requires 12 months’ notice and any fees that fall due during the notice period will have to be paid. You do, however, have this notice period within which to utilise any points you have accumulated before you leave.  For contact details of Resale companies that comply with the TATOC Resale Code of Practice please see TATOC Consumer Helpline Guide number 14.

 

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