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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
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Club La Costa - sound or con?


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Hi,

 

For the past 18 months I have had phone calls from Club la Costa telling me I have won a holiday.

 

I gave them my mobile number, not my house number(phew!).

 

They tell me that I will receive a £25 M&S voucher and two tickets to a theatre production of my choice.

 

All i have to do is turn up at the presentation.

 

I was initially sold on this because I haven't had a holiday for an age,

but I got curious today about their claims and searched the web for any info on them.

 

Well as far back as 2003 there was a Guardian investigation

and two undercover reporters went to the presentation.

 

Well after reading their account I am disappointed but glad that I haven't been able to go to the presentations.

 

For all of you that have been contacted by this group, think first and read report.

 

Here is the link to that guardian report;

sandfraud"]Lying in the sun or just lying in Lakeside? | Travel | The Guardian

 

Cheers!

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CLC are well known for extremely high pressure selling.

 

Whilst the resorts are good, anybody attending a presentation in order to qualify for a 'free' holiday

must understand that you will be put under a lot of pressure to sign up to

what in many cases seem to be reasonable terms.

 

You will be sold on the concept of opulence, sand and palm trees

and even the strongest willed find it hard to resist the idea of 'owning' a piece of a property abroad.

 

If you absolutely can't resist, then never ever take money, cards or cheque book

and be prepared for a long, drawn out selling exercise.

 

Do a lot of research before deciding anything.

 

Some owners swear by it, some are desperate to try and get some money back.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 4 months later...

CLC do indeed operate high pressure selling - but they are more honest than most companies in their field. That's why they are still around in 2008 - we first visited one of their resorts in 1987....

 

A 21 year track record in the Timeshare industry is probably pretty rare - and trading under the same name all that time surely means they are more concerned about their reputation than many others.

 

For instance, you will get the gift they promise for attending the presentation... we attended at St Helens a couple of years ago, we were promised a TV/DVD, after the presentation they said "we have none left",

 

I thought "here we go" but they gave us Argos vouchers to the same value - it turns out that they had cleaned all the TV/DVD's out of the Argos stores for 20 miles around - so it was cheaper to give us vouchers than to send the TV/DVDs on to us!

 

(We bought a week in 1987 - gave up around 1995 due to increasing maintenance costs and our week clashing with school (daughter turned 5 that year) - but we enjoyed the years we had - and for £900, including the flights, car hire and maintenance for the first year, it wasn't too bad a deal.)

British Shoe Corporation - won :) BT - won :) West Lancs Council - lost :-x 02 - won :) British Airways - still fighting :o STOP PRESS - RSPCA - daughter won with letters I wrote :)

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  • 7 months later...

Saying that Club la Costa is more honest than other timeshares may be correct..

. but it's a little like saying that the shark that just bit off your leg was nicer than that Great White that cruised passed earlier.

 

 

ClC will LIE to you during your presentation.

They will blatantly misrepresent the truth as they did to us.

 

 

They told us they weren't a timeshare (because we'd never have signed up if they were).

They specifically stated

"we own and manage all the resorts to ensure a high level of quality for members".

 

 

On our very first holiday as members, it was obvious how much of a lie this was.

They told us

"Even if you end up hating it, we're so confident of our product that we'll resell it in a few months for you." This is a LIE.

 

 

At best, they'll put you in touch with a resale agent who may or may not be able to sell it (and will charge you a huge amount to do so).

 

 

And they specifically (in really small font) put into the contract

"We are not bound by anything we told you in the presentations and meetings, only what's in this contract and the members guide".

 

 

Note that they won't even let you see the members guide until AFTER you sign up.

 

 

So no... it's not a [problem]...

but it's so close to borderline as makes no difference.

 

 

Go on the 'prelude' holiday..

. it's definitely worth it (especially the Spanish resorts).

 

 

But don't sign anything, because you'll be screwed if you do.

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  • 2 weeks later...
  • 2 weeks later...

Do not go for it,you could be in debt for the rest of your life there is no such thing as a free lunch although with CCL it is a free breakfast!!!! .

There was a court case last year where former members were awarded costs of over 11000 pounds for Misrepresentation .The action is still continuing.

See; Timeshare Consumers Association:-)

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  • 1 month later...

Please help!

 

I have Club La Costa points for 8 years. Each year I pay my maintenance fees. This year the bill came through in Euros, because at the AGM it was decided. My paperwork stated the value in pounds and pence can they do this?!?!?! Thanks so much in advance.

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Hi there ,as a former CLC member,I stopped paying the ever increasing maintenance fees in order to escape from them ,and they did cancel my membership after two years unpaid. Am in the next stage now of trying to get some money back from them.Getting back to your question, I would check the exchange rate Euros-pound and see how much they are probably overcharging you,with the value of the Euro falling lately, it is probably not a good deal.Check your paperwork, but because it was passed at the AGM they might have covered their backs. Good luck, you will need it against these Costa robbers:)

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Thank you Mustang67 interestingly that was my next question. I have paid the first six months of this years maintenance fees and the paperwork says that I have to give 6 weeks notice to end my membership, if I notify them this week of my intention to leave (giving them 6 weeks notice) they have told me I still have to pay the remainder of the year. Can they do this? Is this legal? Are the agreements in anyway lawful or forms of agreement. The agreement does not state one way or the other whether the full year has to be paid if membership is ended. :confused:

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Hi there,In my dealings with CLA concerning maintenance fees I stopped paying them because I just could not afford it anymore.They are one of the main causes of my current financial situation---- broke!!! Anyway I did not pay them for a couple of years. Then 12 months ago they sent me a registered letter of impending cancellation saying that my membership would be cancelled in accordance with the Club Constitution. I still did not pay anything and have not heard from them since. I presume my membership has been cancelled because I cannot access the web site , so I must have been zapped!!! Getting back to your question, I am not sure of the legal situation over any of the agreements.But if you go to the Timeshare Consumers Association website or www.timeshare,org.uk (same site)you will find plenty of advice and you can ring them up and speak to someone who knows the ropes.I know when I was still a member that if you had not paid your fees, they would not accept a booking for that year,then you could not get what you wanted anyway,and have to settle for some were remote if you were lucky.

It can be a difficult decision for some people to make,by either cancelling their membership,or just not paying CLA anything,you have to consider how much you paid for your points at time of joining and if you are like me, you are still paying on finance for them. But at the time I have saved a couple of thousand by not paying them at least. At present I am in dispute with the loan company over non payments to them. It is over two years since they have received any money and I have sent them a letter stating "Gross Misrepresentation" over the selling of the product (CLA points)And that is where I am at the moment waiting!!:)

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Back again!!

If you see any of those adverts in the paper saying they will buy your points or timeshare of you, tread with caution.Some of them want an upfront fee etc. You could end up in a bigger mess financially.I went to one but because I still had finance outstanding on the loan they did not want to know and if they did buy them off you , they were basically another holiday company and you were tied into them.

 

The "Gross Misrepresentation" I was refering to before is the misselling of the whole CLA idea. That is you do not get what you were promised at the time of sale, apart from the free breakfast!!!. ie My family could only go in school holidays end of August, but trying to get were you wanted to go was impossible,was always sent to RCI ,and then you have to pay them extra fees etc and still finish up in the Costa Del Sol!!!

 

Anyway good luck and get in touch with the Timeshare Consumers Association.

Cheers!!!:)

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  • 5 weeks later...

Can anyone give me advice. I notice that there are a few posts here that say they have stopped paying their maintenance fees to CLC and eventually their membership has been cancelled. Did you get threatened with legal action and taken to debt collectors? Did it affect your credit rating?

 

My husband and i are no longer together and have decided to cut our losses and cancel our membership. We wrote to CLC at the end of last year but they told us we have to pay up for 2009. To date we haven't done this and we are now being told that legal action will be taken against us if we dont. I notice in the Members area of the website that they have a notice re non payment of maintanance fees so i suspect that with the economic crisis there are quite a few members not paying. Surely they can't afford to take everyone to court!!

 

Any advice welcome. Thanx

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Hi there, they cancelled my membership 12 months ago, after I had not paid fees for two years. All they did was send a letter asking for payment and if none was received membership would be cancelled, in accordance with the Club Constitution which it was thank god!!!. Have not heard of them since. Still fighting GE money (who provided the loan) have not paid them for a couple of years. So you could call their bluff and see what happens.:)

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We are in the same boat with CLC at the Paradise Club Teneriffe.

We simply cannot afford the management fees so asked CLC, by email, in December for information on how to surrender membership.

We did not receive any response except an automated emial thanking us for our message and they would get in touch with us shortly.

Now, in April we have received a letter threatening debt recovery if we do not pay.

On emailing them back we have received the same automated email and as yet still no information.

We simply do not know how to surrender our weeks timeshare!

requests for the constitution have gone unanswered.

We do not know what to do next.

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Hi there, I think the only way out of CLC is to stop paying them,we have a product that is unsellable.Like I have said in earlier posts, I did not receive any threats about debt recovery, just that my membership would be cancelled, which it was. That just leaves you with the problem of what you have paid for membership and any outstanding balance that you may have. In my case that is 20 grand.:mad: At least I am 'saving' a thousand a year by losing my membership!!!!:) I am on the points system, so am not sure about actual timeshare like you have.The only advice I can give is to get in touch with Timeshare Consumers Association as mentioned in my other posts. www.timeshare.org.uk

 

Good Luck keep us informed.:)

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hi i'm thinking of talking to G E Money have you really stopped paying your loan for club la costa points ?? Have you not had any repercussions Club la costa dont want to help after they blatently misrepresent the truth they are happy to stash your money and wait for the next vulnerable victim to come along .

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We are in the same boat with CLC at the Paradise Club Teneriffe.

We simply cannot afford the management fees so asked CLC, by email, in December for information on how to surrender membership.

We did not receive any response except an automated emial thanking us for our message and they would get in touch with us shortly.

Now, in April we have received a letter threatening debt recovery if we do not pay.

On emailing them back we have received the same automated email and as yet still no information.

We simply do not know how to surrender our weeks timeshare!

requests for the constitution have gone unanswered.

We do not know what to do next.

hi there , i just wonder how many people are out there all in the same position as us ! club la costa has cost us 10 s of thousands of pounds that amounts to one yes one very expensive holiday. we get no reply from them when we contact them and now we too are barred from the site with no explanation what so ever. how do they keep getting away with it

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Hi there, glad to see that I not the only one with CLC problems, must be a lot more out there.

At the end of the day we have been sold a lemon (and there are plenty of them in Spain!!!)

Yep I have stopped paying them, the main reason apart from unemployment was when CLC cancelled my membership. This was because I did not pay maintenance fees to them.

Its not much use talking to GE as they do not want to know.

After the first few missed payments they will bombard you with phone calls, then the letters start coming and because it is a joint account you get one each!!!!!. So be prepared for a lot of mail. Must have received a small forest by now!!!

Its several months since last call,but they keep sending arrears letters, but not really demanding any payments, they have not got nasty yet.

The only way I know at the moment to try and get some money back, is to have both GE and CLC for "Gross Misrepresentation" . Thats the misselling of the product, which we all know is true.

Thats the stage I am at now, they both deny any wrong doing.

Last October there was a succesful appeal in court of a couple being awarded 15000 against a DCA over CLC membership (GE had sold the debt to them). So there could be light at the end of the tunnel.

Watch this space:)

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Same boat as you brucebb, fees are far too dear this year, with really no improvement to our apartment.

I signed original agreement through Paradise Club who were bought out by CLC, no new terms and conditions were issued nor signed so I think they might have a legal problem.

Reading the minutes from AGM I see the following on page 4:-

 

The Chairman said that members would have to default on their Management Charges in the first instance to get rid of the week. In the default process there are members who cannot pay and members who will not pay. Any debt is worked through until a debtor is identified as a "will not pay" for whatever reason. As the Club survives because every week is sold and contributes to the Management Charge, the burden of any week not contributing a management charge over a long period of time would be passed on to the remaining members. It is therefore essential to pass on those default weeks to someone else who will pay the management charges and, as it is not the Club's responsibility to sell the weeks of members who do not wish to remain in the Club, those weeks are passed to CLC for the amount of the outstanding debt plus any charges. CLC then pay the future management charges for those weeks.

 

My understanding was that if you do not pay fees the apartment is repossessed, that was under Paradise conditions.

Don\'t let the B**tards grind you down

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We are in the same boat with CLC at the Paradise Club Teneriffe.

We simply cannot afford the management fees so asked CLC, by email, in December for information on how to surrender membership.

We did not receive any response except an automated emial thanking us for our message and they would get in touch with us shortly.

Now, in April we have received a letter threatening debt recovery if we do not pay.

On emailing them back we have received the same automated email and as yet still no information.

We simply do not know how to surrender our weeks timeshare!

requests for the constitution have gone unanswered.

We do not know what to do next.

 

Same thing has happened to us. We sent a letter via email in December and heard nothing until April this year when we have been threatened with legal action. Really not sure what to do as we do not want to get blacklisted if they do take us to court plus there are all the extra costs with that.

 

I noticed in another forum that if you send your Deed back signed with a covering letter signed by all parties then the membership can be cancelled but all management fees must be paid up to date, so CLC will still look for the fee for 2009. Frustrating :confused:

 

Still if CLC they have a great product - why wont they buy back the points!!!!

 

Thanks to everyone who have provided me with advice and its good to know there are other people out there with similar problems. If we get any update, will let you know

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yes that was the case. but i think there is a lot of people giving back there timeshare that they have discided to rip us off one more time..our maintence started in december at 580 euros they are now asking for 930 euros got in touch with them they said yes they did have them back of you when you didnt pay but know you have to pay maintence first if you want to surender them back to them they afford instulments we have 5 weeks and points and wanted to give one week back we have already payed over 5,000euros already cannot afford any more they told me ive got 28 days then it is passed over to solicitors to reclaim the money are they trying to frighten us or can they get it from us this will cost us even more.. help what rights do we have any ideas..

Edited by childminder54
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Hi there, sorry to hear about your problems. I think there is going to be a long queue of people trying to get something back off these sharks. I dont have the timeshare version, just the points, or did have, till our membership was cancelled due to non payment of maintenance fees.

The only advice I can give you is to get in touch with

The Timeshare Consumers Association www.timeshare.org.uk

 

When you ring them they are very helpful and should give you good advice.

 

There is another web site www.Timesharetalk.co.uk where you will find plenty of forums.

 

Good Luck keep us posted:)

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  • 3 weeks later...
Hi there ,as a former CLC member,I stopped paying the ever increasing maintenance fees in order to escape from them ,and they did cancel my membership after two years unpaid. Am in the next stage now of trying to get some money back from them.Getting back to your question, I would check the exchange rate Euros-pound and see how much they are probably overcharging you,with the value of the Euro falling lately, it is probably not a good deal.Check your paperwork, but because it was passed at the AGM they might have covered their backs. Good luck, you will need it against these Costa robbers:)

 

 

Hi mustang67. Me and my boyfriend bought CLC membership over a year ago. We have no idea how to get out of it. The maintenance fee is absolutely ridiculous. I think they are asking now something like £3500 from us as we haven't paid anything from the beginning. Unfortunately we woke up too late, after the cooling off period and now we don't know how to get rid of it. It doesn't look very well, even thinking about all the money that just disappear from my account (£300) every month makes me sick.

DO you or anybody else have any idea how to get rid of them? I don't want to spend all my live paying £300 for nothing every month.:Cry:

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