To claim or not to claim….

Most timeshare owners are baffled by the avalanche of claims companies that have emerged in recent months in the Timeshare sector.

Mindtimeshare wants to shed light to the situation, because we see that many of the consumers are again deceived and given the uncertainty of the current situation this may lead to further deterioration of the timeshare owner’s situation.

We want to act with a sense of responsibility so as not to make the situation worse and in the light of recent examples of fraud in the field of claims.

Consumers need to know where they stand.

If they have a real possibility to make a successful claim against their timeshare company, and do this without being forced to take up any additional services with substantial payments upfront.

With the amount of (cold) calling companies and websites offering claims, most consumers cannot see the trees through the forest.

This creates a lot of stress, and not only are the consumers completely confused about the question if they can claim or not but they are also in the “dark” if the company they are talking to, is a genuine legal company and doing any claims at all!

How real are all these claims companies? Do we have a claim at all? What costs can we expect for legal assistance? How long will it take? Do we need to attend a meeting to discuss this? Do we need to relinquish first before the claim can be initiated?

Mindtimeshare wants to assist the consumers with all these doubts and help them to find the right answers.

Over the next days / weeks we will be posting different articles about the subject of Claims Companies and what you as a customer should be looking out for.

If you have any questions about a Claims Company that has contacted you, please do not hesitate to send us the details.

CONTACT FORM

About mindtimeshare

Mindtimeshare SLU is registered Company reg number: B35957182 Mindtimeshare provides assistance to timeshare owners who have been defrauded by holiday clubs and bogus resale companies. The Mindtimeshare project was launched in February 2011. After dealing with timeshare members over several years who had been defrauded by numerous bogus companies and for large amounts of money, I considered launching an Organisation to help timeshare owners that have been targeted by bogus companies. On this blog you can find information about the different active scam companies and their “modus operandi” and also place comments, ask questions and see comments from other consumers who have the same doubts or have been through the same experience. Mindtimeshare has resulted in a huge success and has received the back up from not only timeshare consumers but also from the professionals in the timeshare Industry. Mindtimeshare helps timeshare owners who have been scammed by bogus Discount Holiday Clubs; bogus cash back companies; fraudulent timeshare resale companies; bogus class action companies and false lawyers and notaries. We offer professional answers and advice to Timeshare users. If you want to send an email instead of posting a comment on the blog please do so by emailing: customercare@mindtimeshare.com
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6 Responses to To claim or not to claim….

  1. Bry says:

    How do we access the “explanation and an example of my claim” please Goforit?

    • Goforit says:

      Its on this conversation stream on this site :- https://mindtimeshare.me/2016/03/15/were-you-mis-sold-a-club-class-membership-do-you-want-a-refund/
      Just scroll down to the 28th march 16 entry.

      In fact its easier for me to cut an paste:-

      “This should help, First an email to Petra here at Mindtimeshare, she provided me with all the help and advice I needed to claim a refund, the second a copy, less personal details of the letter I sent to my credit card company:-

      1) Hello Petra,

      Just a quick line to update you.

      1/1/16 – Sent a letter to Clubclass/Gr8stays telling them I wanted to
      terminate my membership, why, and requesting a refund, via track and
      trace.

      Its been signed for, so someone has collected it. No reply to date. Will
      remind them via email in a few days. Just to make sure.

      1/2/16 – Sent a letter detailing a section 75 claim to the credit card
      company. They replied a couple of days later via telephone (I did
      remember what you said about communication in writing only) but after a
      very friendly chat where the company rep. confirmed the reason for
      making a claim. I was advised that the full refund would be made, it was
      confirmed later by email.

      The conversation concentrated on the “misrepresentation” element rather
      than “breach of contract”, main concerns, cash rebate falling short and
      inflexibility of the freestay holidays.

      Once satisfied, and it was by no means a “grilling” I was advised would
      the whole claim would be met (credit card, debit card and bank transfer
      payments) plus interest (4%) less the cash rebate I did receive, in all
      £7,900 save a penny.

      One thing which did stand out during our conversation was the cash
      rebate issue, the credit card rep. advised me that they were very aware
      of problems with cash rebate, it looks like my claim was just one of
      many.

      The letter submitting a claim sent on 1/2/16, the refund is in my bank
      account today just 12 days later. It couldn’t have been more straight
      forward. It would have been settled a week earlier had it not been for a
      combination of my tardiness in replying to their email and time off
      taken by my case handler.

      Thank you very much for your help and advice, and giving me the final
      “shove” into getting this lot sorted out
      “Leisure Alliance/Clubclass/Gr8stays” have been a huge bug bear for 10
      years, now its all gone, well nearly, just the abusive phone calls and
      emails to forgo.

      Thanks again for all your help

      2) To my credit card company.

      Re – Card / Account :-

      Dear Sir / Madam,
      I would like to raise a claim under section 75 of the Consumer Credit Act, for a refund in respect to a holiday club membership with Clubclass purchased in April 2012.

      The purchase consists of 3 payments detailed below, totalling £xxx. Although only the first payment was made by credit card, I understand that under the act, subsequent payments can also be claimed.

      The first payment made with my credit card on 13/4/2012 at 15:06 for Exxx
      The Second payment made by debit Card on 13/4/2012 at 15:09 for Exxx
      The third a cash transfer on 20/4/2012 for £xxx.

      I have enclosed copies of the credit / debit card transaction slips also statements which cover these transactions.

      I base this claim on two criteria 1 – Breach of contract. and 2 – Misrepresentation.

      1) As the contract indicates that this holiday club membership can continue being used for more than one year, as long as a yearly payment is made, which I believe brings the agreement under the Time Share Directive, whereby one is entitled to a 14 day cooling off period. No cooling off period was offered or mentioned but immediate payment was requested.

      2) Misrepresentation :-
      a) The cash back rebate eventually received on the 8/8/2015, was £xxx, not the £5750 incentive, promised at the time of sale.

      b) The Freestay holidays fell well below offers and expectations portrayed, so much so as to be unworkable for a family, in that:-

      i) Not until we attempted to claim a Freestay holiday was it explained that we would be expected to attend a promotional seminar at the location for the purpose of selling time-shares. Effectively, the free holidays we were promised were promotional holidays.
      ii) Invariably, only 1 bedroom apartments were available.
      iii) Limited destinations.
      v) Apartments rarely available during high season.
      v) Discounted flights initially carried a booking levy of 20 Euros per flight.

      It may also be of interest, that Clubclass, now Gr8stays have set up their own company (Leisure Claims) hoping to submit section 75 claims on the behalf of disgruntled customers, for a fee.

      Also, Leisure Alliance, the parent to Leisure Claims, Clubclass, Gr8stays amongst others had a winding up order issued 28/July/2015
      (https://www.thegazette.co.uk/notice/2378528).

      I enclose:-
      1) Photo copy of the credit/debit card transactions.
      2) Photo copies of Bank/ Credit card statements.
      3) Clubclass membership contract.
      4) Photo copy of cash back rebate details.
      5) Photo copy of Freestay holiday details
      6) A letter to Clubclass, now Gr8stays requesting a full refund – no reply received.
      7) Track and trace details of refund request.
      8) Details from the Insolvency service showing a litany of bankrupt Clubclass companies.
      9) A copy of Gr8stays offer to help gain a refund.

      If there’s any more information you require, please ask.

      Yours Sincerely”

      I hope this helps and wish your luck………….

  2. Roger says:

    I have been following and corresponding with Mindtimeshare for may years now and always listen to your advice but would point out that if I bring Mindtimeshare up into any conversation I am having with these cold callers they straight away say that you are run by Silverpoint and to ignore youre advice..????
    On another point I have found that if I ask for more details on an e-mail they then put as you requested in the e-mail and thus can then claim they are not an illegal “cold caller:. Just a point for others to bear in mind.
    Yours sincerely
    Roger

  3. Goforit says:

    Well done Mindtimeshares,

    There are still loads of people unsure as what to do next. After a successful Section 75 claim, I was contacted by Gr8tsays in respect of them making a claim on my behalf, advising they only take a 40% cut when they’re successful and quoting their success rate. Much to their annoyance and my satisfaction. I was able to reply, that I had managed to claim a refund, for a 0% fee and had a 100% success rate.

    I have provided an explanation and a example of my claim, please feel free to share.

    • David says:

      Good morning
      My uncle is sitting on a Timeshare which was definitely missold@ £80k
      This has only come to light upon my aunts death, the management fees keep increasing and it worries him constantly
      I would be keen to hear your claim process

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