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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
    • Hungary is attempting to be a world power in manufacturing electric vehicle batteries, despite locals' reservations.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Club La Costa - sound or con?


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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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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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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...

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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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 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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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 aggiemac,

 

Sorry to hear that you are caught up in the CLC nightmare.

Like you I was paying over 300 quid a month for the points.

Getting together as a group sounds like a good idea, thats what the TCA are supposed to be doing , but do not know when!!

 

Personally have not paid GE for quite a while, my finances are shot anyway so had nothing to lose. They are the main reason I got into financial difficulties in first place.

They have not threatened anything yet, just ring up and tell me how much I am outstanding. Good laugh!!!

 

Have put a complaint into them and CLC , under the Consumer Credit Act 1974

because as lender they are as liable as CLC for 'Gross Misrepresentation"

That is selling a product that does not live up to it's promise of what you were sold.

There has been some success in going this way. Here is the case from last year.

 

Ian & Lesley Capstick purchased membership of Club la Costa Vacation Club (CLC) in 2004 and took out a loan with GE Money Consumer Lending ('GE') arranged by CLC.This loan was regulated by the Consumer Credit Act 1974 ("CCA")

 

Subsequently the Capsticks maintained that CLC had misrepresentated the benefits of membership.

They wrote to CLC and to GE detailing the misrerepsentations and stating to GE that no further payments would be made against the loan. The Capsticks reasoning for ceasing payments to GE was that GE were jointly liable with CLC for the misrepresentation by CLC under S75 of the CCA 1974.

Over a period of months GE demanding the repayments of the loan and eventually handed over the "debt" by assignment to an unrelated company, Asset Link.

 

Asset Link continued to demand repayment and eventually took the Capsticks to court. Judgement was obtained against the Capsticks by "default". The Capsticks representing themselves initially failed in their application to set aside the Judgement but on 17th October 2008 they were allowed to Appeal.

This appeal was heard in the Preston County Court on 17 October 2008 where the Judge decided that the Capsticks ought to have the right to defend the claim by Asset Link. The Capsticks were awarded costs of over 11000 pounds. The action is therfore continuing.

 

The solicitors were from Manchester.

 

(I do have their names)

 

So there could be a way out hopefully. I had two loans one of which was sold to the same Asset Link as mentioned in case. Have not heard a Dicky Bird out of them this year.

 

Keep us Posted on what you decide to do

 

Cheers:)

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  • 1 month later...

Hi there.Seems a good idea to try and get a group together and try to get some money back.

There was another case last May that went against Asset Link with the original loan coming from GE. Asset Link is the DCA that GE sells it's debts to.

Asset Link Capital (no1) Ltd vs Miss G - Truro County Court, May 2009

Background

 

On 1 July 2006, Mr G and Miss G signed up wityh Leisure Time Promotions Ltd ( Exeter ) to purchase membership of VIP Club. At the same time Miss G signed a loan agreement with GE Money to finance the VIP Club purchase.

 

There followed extensive correspondence between Miss G and GE Money over claims by Miss G that Leisure Time Promotions had misrepresented ther benefits of VIP Club membership. Miss G argued that GE Money were jointly responsible for the misrepresentation under the Consumer Credit Act 1974. Miss G

 

In August 2007 GE Money assigned the debt to Asset Link Capital (no1)

Miss G cotinued to claim misrepresentation by Leisure Time Promotions arguing that Asset Link were equally liable under the CCA 1974 as were GE Money. Asset Link denied that they had any liability under the CCA 1974 and took out a claim in the Truro County Court seeking payment of 12,786 pounds from Miss G.

 

Court Hearing( Case No 8X155018

The court heard the claim on 10 May 2009

 

The Judge said that there were two issues to be considered;

 

1. Whether the CCA 1974 applied in this case

2. If it did, were there misrepresentations by Leisure Time Promotions.

 

In respect of whether the CCA 1974 applied. Asset Link, in a sudden change of position,admitted that it now considered that the CCA 1974 did apply. Additionally the Judge considered that this was ' settled law " and decided that the CCA 1974 did apply in this case.

In repect of the claimed misrepresentation the Judge concluded that, of six specific examples of misrepresentations claimed by Miss G , five were misrepresentation that induced her into purchasing from Leisure Time Promotions including one which the Judge decided was " fraudulent misrepresentation"

The Asset Link claim was dismissed and Miss G was awarded costs.

 

So there does appear to be hope for us out there

Edited by mustang67
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Hi there, sorry to hear of your troubles with CLC and GE.

 

With GE that is their normal responce to a complaint letter, keep at it.

If you read my previous posts you will see that there have been a couple of success stories.

 

Are you still paying CLC maintenance fees ?

 

If you stop paying GE they will send you lots of letters and make numerous phone calls to you. They might threaten Court action, but they could sell the debt on to a DCA. Then you start the fight all over again with them.

 

I would call GE's bluff, stop paying them and CLC when the next maintenance fees are due, usually November.

At the end of the day if you cannot afford it stop it.

That's stage one, Stage two send another " Gross Misrepresentation " letter fully detailing how you were missold the product

Contact the TCA ( Timeshare Consumer Association) by talking to them it will give you more confidence in dealing with the problem.

 

If you check your Agreement over it should tell you if loan was secured or not, it probably is not.

 

There is a lot to consider and it can be a worry ( understatement of the year !!! ) I am several years down the road with it and still fighting.

 

Good Luck

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Glad to hear that you are going on the attack!!

 

I stopped paying a few years ago and no one has shot me yet !!

When I did contact TCA they put my mind at rest and am having a quiet life. Would be nice to get money we have paid back, but not re paying any thing at moment so cannot have everything.

 

I have read on other sites concerning CLC that people who have not paid maintenance fees this year are receiving solicitors letter's. Perhaps they are just full of hot air as many of these type of letters are. Did ask for someone to post one up but nobody has as yet. So cannot comment on how true the threats are. I have never had one!!!!

 

Send CLC the "misrepresentation " letter, but don't hold your breath waiting for a reply.

You should get a reply of GE saying that they are looking into the allegations. Then a few weeks later they will send one saying that they are waiting to hear of CLC. After that things might go quiet.

 

Anyway if you stop paying one, you might as well stop paying both because you will lose membership anyway so nothing to lose.

The way I see it, you probably will not be able to afford to go on a CLC holiday ( airfares, spending money etc. ) so cut your losses and don't pay.

That's what I had to do in the end. Never accept a free breakfast again!!!!

Did see on another site someone saying that GE no longer do the finance for CLC whether it's true or not do not know, but if it is, it could mean that GE are maybe having a few problems, if you get my drift.

Keep us posted.:)

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Hi there, join the club or should I say try to leave it !!

 

If you go on the TCA site (Timeshare Consumers Association ) name of solicitor is on there (Capstick case)

 

If you give the TCA a call they will give advice over the phone and add your name to the list of people who are sick of CLC.

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  • 1 month later...

More and more people are realising that they have been conned by CLC.

For what we payed and in a lot of cases still paying for ( loan ) plus the maintenance fees we find that we are not getting anything in return.

Cannot get the dates or destinations that were promised at time of signing up.

Just for a laugh one year when I could not get what I wanted (Spain ) I flicked through the brochure picking places at random ie USA, Australia etc not a place to be had surprise , surprise.

Best advice would be to go down the 'Misrepresentation ' route and stop paying them or finance Co.

 

As for selling points even Charity shops do not want them !!!!

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  • 3 weeks later...
Hi all

 

what a relief to see I'm not the only one !!

Same story here .. been told a pack of big fat lies in the presentation, signed and only now I see what I've signed up to !

 

There are lots of people out there who feel that they have been conned by CLC . My advice would be to contact www. Timeshare Consumers Association , ( TCA ). When you ring them up they will point you in the right direction.

Also read other posts on other sites www.moneysavingexpert.com

 

go to praise vent and warnings on there.

also www.timesharetalkforums.com

 

Plenty of reading on those sites wish I had seen them years ago !!!!!!!

Good Luck.

Edited by mustang67
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my wife got a phone call saying she entered a competition online and she had won a holiday. all we need to do is go to a 2 hour exhibition to claim it. i know this is a timeshare thing but i WONT be buying one. all i want to know is has anyone went to this thing and got the free holiday, i know its not free cause you have have to pay booking fee of £29 and airport taxes. i can handle paying £60ish to go on holiday for a week to tenerife and i know i would loose half a day listening to their shpiel again but as i said i WONT be signing up for anything.

 

What firm is it ?

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hi well clc/ge money are useless after notifying g e that i had joined cag they sold my debt to link financial who have now taken me to court and i have a ccj by default which i am appealing to set aside so i can defend my case and win we need to fight as agroup against clc and g e money my email address is adrianvcade@ntl world.com please join and we will win

 

Am in same situation, GE sold mine to Link but so far have not paid them a penny 12 months down the line.

Did you send them 'Gross Misrepresentation letter ' ?

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