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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Club La Costa - sound or con?


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Hi there, sorry you are another victim of the ' great ' CLC experience.

The ' Misrepesentation ' letter is basically setting out the misselling of the CLC product.

It must relate to what you were actually told at time of signing .

Provide both the ' promise ' and the ' reality '

In case where you have not been able to test out a 'promise' it would be reasonable to say ' we believe ' or ' we understood ' under the reality column.

For more details go to the TCA site ( Timeshare Consumer Association )

Once you are there, click on the 'Help & Advice ' then go down to Buying Timeshare (another box opens ) then click on misrepresentation.

After you have read that page, at the bottom you will see TCA advice click on the highlighted Consumer Credit Act 1974. That will take you to more info.

Hope that gets you there as I am hopeless at doing links !!!!!

 

Basically when I sent my letter I just listed all the broken promises

ie

You can get holidays when and were you want Lies

All accomodation is 5 star Lies

No extras to pay Lies

 

The list goes on, explain what the lies are etc.

 

As I have said before I have not paid anything for several years now.

GE (after having sent them the letter ) have sold the debt to a Debt Collecting Agency (DCA)Sent same letter to them also and at the moment am at a stalemate with them. They keep asking for money but I keep refusing to pay. It does slow them down when you send the letter and they will still refuse to take responsibilty but do not be put off.

 

As I see it GE have sold a VERY large debt to a DCA so they must know deep down that they are on to a loser trying to enforce any payments so they have passed the buck to someone else.

 

Anyway get those letters sent off and let battle commence!!!!

There is a phone No on TCA site if you want further advice.

Good Luck keep us posted :):)

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To Millington4341

There is also a large thread concerning CLC (28 pages ) on Money Saving Expert .com Go on the forum called ' Praise Vent & Warnings ' then look for 'Warning Club La Costa ' have just bumped it up , so should be near top .

Edited by mustang67
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  • 2 weeks later...

Hi all,

 

Club La con is our pet name for this company, We like so many of you were duped into buying a dream that has turned into a nightmare. I have stopped paying GE Money and CLC and am being bombarded with the usual crap, as a lot of you will be in the same possision your credit rating will suffer but you write to the agencies concerned and explain you are in dispute with the comany involved and they have a legal obligation to investigate, they request a reply from the company within 28 days and if not recieved the offending mark is removed by the AGENCY and not GE money.

Any way this is a battle and they wont give in easily but if we all stick to it we will win, good luck all and i will update you on my progress.

 

cheers

 

craigie

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Hi All,

 

Just to say - the Timeshare Consumer Association were indeed very helpful, and well worth contacting if you want clarity over what specifically to do next. There will be a fight, no doubt, but none of us need feel we're on our own against this mob. Phoning the TCA reaffirmed this feeling.

 

Good luck in 2010 as this saga pans out.

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Hi,

i am new to this forum and am relieved to see that we are not the only ones in this nightmare, after reading all of the posts my partner and I have decided to ring the timeshare consumer association, then we will stop payments. We purchased about 2 years ago, we are gold members, and have been on a few holidays with them, the first one we purchased with our points was in Spain, Costa Del Sol, the accommodation was not at all like our induction week, we have also been to Hustyns, Cornwall and Appollonium resort, Turkey, the resort shops and restaurants are way way over priced.

Good luck to everyone in this.

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The site you want is Timeshare Consumer Association (TCA)

On there you will find contact No. Just tell them your situation regarding CLC. Was told last week by them that action could take place later in the year. The sooner the better!!!

Hi Mustang

Just found this site and am relieved that there might be some light at the end of tunnel!!

My wife and I signed up for silver membership last January 2009 and paid approx six installments up till we went to Tenerife on the so-called freebie holiday where we upgraded to Gold but on our return we cancelled agreement and stopped paying the BPF as it became obvious in Tenerife that this was definitely not as good as they make out!

After hundreds of calls we now are at the stage where BPF have put the matter in the hands of a DCA (Mercers) who have sent Notice of Default letter & text informing me that one of their representatives will call round if we don't contact them immediately!

after reading most of the postings I guess the next step would be contacting the Timeshare Consumer Association & sending misinterpretation letter?

I would appreciate your comment/advice if you feel you can help please.

thanks

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I agree. I just wanted to check it was Sandy's site.

TATOC often tout themselves as being the Support Place for the Consumer, but I can't really fully accept that, when they are Funded by Some of the Resort Developers, Resorts and Membership Organisations that have Links with such organisations.

 

Consumer Advice, the Governments Service, will direct you to TATOC, so I have some concerns about that and I'm writing to the OFT to bring this to light.

 

Sandy has been helpful to me over the years and I've met him as well, as I've been seeking advice on how I may tackle Club La Costa. As I run the Club La Costa Members website on Board Message then I can at times have difficulties that I would like advisement for. I will add that our site is nothing to do with Club La Costa, but entirely for owners of CLC Products.

 

I'm also a Director, Elected by the Members, of the Club La Costa Options Points Club, and I do come into conflict from time to time at the Management Meetings. The Options Points are sold no longer and the Membership has less than 200 now, but my own Members Site has over 3100 members now and is still growing. I hope to one day, use the influence we have in Numbers to change the running and marketing of the club, to a model that does not associate itself with Mis-Selling and Mis-Representation. I know from the discussions with many members, that this still goes on, but the evidence is difficult to get. We need CLC to have a better Code of Practice, or for International Regulations to ensure that Sales put their information into writing, giving people a chance to cool off and before they make any non-refundable payments.

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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.

Hopefully these will help. I got them from the CLCMembers Website Board Message

Because CAG Translates my website address, read this phonetically. doubleyou,doubleyou,doubleyou,see,el,see,members, dot,co,dot,uk

constitution.pdf

paradisemanagmentagreement.pdf

PClubChanges.pdf

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  • 2 weeks later...

Hi everyone,

Just thought I'd update you on our situation. We sent our gross misrepresentation letter to clc and ge money, we have had a letter from ge saying they are going to look into it, and now i have received a letter from clc more or less saying they have done nothing wrong, addressing my points, point by point and enclosing a note about the chairman of the tca, then finally saying they are unable to consider our request for a refund of our membership, and that they still want this years management fees.

Has anyone else had this kind of correspondance? Be great to hear from Mustang67 to see how they are getting on.

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  • 2 weeks later...

hi all, we 're in the same boat, been missold, wrote telling them so, received the same letters back and owe thousands to ge money who have now said that they have sold the debt to a company called LINK. Has anybody else had this? Is it legal as we didn't make any contract with them?!

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Hi

 

I would be curious to find out who told you the information about Link. Do you have someones name on this, and did they confirm it to you in writing.

If you had a contract, surely you would have had a contract. Ask them to send you a copy of what they are basing their action on. If there is no legal paperwork, then you have nothing to fear, but get them to confirm this to you writing as well. !

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  • 2 weeks later...

Hi all

 

just to update you briefly - TCA have finalised arrangements with a manchester based law firm who may make a claim in class court on behalf of a compensation group, the court action would be against banks in respect to CLC. The more people the bigger chances for the court action. There is a questionnaire on the TCA website which you can fill out and send back.

 

ps - mustang, are you still there ?

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We've also informed all our Club La Costa members...all 3172 of them!

Not many are taking it up and according to our Survey only 50% at the moment, felt they were mis-sold. however, only 3 of them felt they had evidence. The rest say they didn't feel they were mis-sold. Quite interesting, as I thought it would have been more. We shall see how this pans out. However, I suspect that it will be more to do with the way the Finance was sold, that the Solicitors are looking at. We shall see! :-0

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One think is for certain. A debt collector and a court bailiff are two different things.

 

There is plenty of advice on here about dealing with debt collectors BUT- they have no powers no matter what they say.

 

To make a difference to your credit rating or whatever there has to be a county court judgement against you then you don't pay it. So at least wait (and ignore anything else) until you actually get court papers.

 

Take a look on the Parking Notice thread - much the same advice applies here.

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What is the Timeshare Consumers Association Telephone number please!

Would like to hear from anyone regarding club la costa we have been shaffted much the same as i have read on the threads would like to hear any updates anyone has please:confused::evil:

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hiya all

has anyone had a notice of non payment of maintence fees so now thay are putting it in the hands of the bailiffs

i did explain that i was giving up my timeshare in november last year

has im now disabled and cant work and my wife is now my carer so has also had to give work up

the snotty woman from clc said shell inform the bailiffs to get the money

can these people do this

or is there anything we can do about it

ty kt

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Hi,

 

To McKanney2K: If you want to join the action group this is what you need to do (and immediately) :-

 

Firstly, write to CLC Head office in Malaga stating that you are cancelling your membership owing to 'Gross Misrepresentation'. Enclose an itemised list of every reason that you believe you were missold. Send by recorded delivery. Then ignore any future correspondance from them - they'll deny all your allegations and threaten action. (Yawn)

 

Secondly, write to GE Money saying you are cancelling your membership (give CLC and GE ref numbers) under the Consumer Credit act of 1974), and include the list of misrepresentation examples, and also tell them that the Timeshare Consumer Association are aware of this correspondance.

 

Thirdly, write to your bank, cancelling your direct debit, and enclosing all the 3 documents above.

 

 

Finally......

 

Go to the Timeshare Consumer Association website, ( Timeshare Consumers Association - "TCA" ) and fill in the questionnaire that's on it. Linder Myers LLP, a law firm from Manchester are acting on behalf of what is becoming a large group against CLC. So go to the home page, click on 'here', then on 'Club la Costa' (both links are in yellow) and that will take you to the questionnaire page.

 

Your participation in this action must be entirely for reasons of misrepresentation (1974 Consumer Credit Act), and NOTHING to do with any financial hardship. However true that may be, that is not a platform for any action against CLC. The recession isn't their fault. This is about what they promise against what they deliver, and the number of people in our 'boat' is many hundred.

 

Don't worry if you can't prove things were said to you in writing. Just make sure you put something into every box. If it was just your word against CLC, the courts would have a problem , but it won't be just your word.

 

Do this very soon, as Linder Myers will be deciding which people qualify. The TCA believe most members will qualify - IF they fill in this form, and soon.

 

Hope that helps.

 

 

Timeshare Consumer Association contact details:-

 

24hr helpline 0901 607 0077

 

Direct Line: 01909 591100

 

Fax: 01909 591338

 

 

For Redkt102 - Folkiedave has some links in his posts that explain more about debt collectors. Don't worry.

 

In fact, don't anyone worry. What good does it do?!

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