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Club La Costa - sound or con?


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I forgot to add that beside going on "free" week of holidays to Malaga we have never used CLC. Our membership is based on points and will cost us £18000 plus interest. We are affraid that if we stop paying GE money we won't be able to get any loan in the future. Do you think it would be better if we all used the same solicitor? Maybe as a group we would be stronger? What do you think?

Edited by aggiemac
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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 me and my wife are in the same boat after having a few drinks and the promise of lots of holidays while in tenerife and now find ourselves unable to pay management fees and g e money please can anyone help

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hi mustang same boat as you i think as a group we could get somewhere with clc and g e money both of them denying fault i have paid neither this year so am getting harrassed mmmm whats next ta

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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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I would be eternally grateful if someone could help me out here. Myself and my girlfriend were also duped into buying points with CLC in July 2008 with the finance being obtained through GE Money to the tune of £32,000 !! We are now financially at breaking point as the payments are £700/ month.

 

We have written to GE with our complaints concerning CLC and how we were misrepresented but they have basically told us there is nothing they can do. We have not contacted CLC as we do not want them to cancel and us to be left with nothing.

 

I contacted a timeshare lawyer around 6months ago who told me he thought we would have a tough time trying to convince a court that we were 'grossly misrepressented' and we feel we are now stuck with this enormous debt which we are struggling to pay each month.....it is even more than our monthly mortgage payments. Were also supposed to be getting married and cannot afford it, its completely ruining our lives!

 

Could or would anyone advise that we just stop paying GE Money and let them take us to Court as this is what we have been thinking of doing? Has anyone else done this and what has happened. We are worried that if we stop paying then our home will be at risk (i dont even know if our loan is secured, its a Holiday Ownwership Loan from GE Money). Your thoughts would be greatly appreciated.

 

Keith

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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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Thanks for the advice Mustang!

 

I contacted the TCA and they basically told me to stop paying both CLC and GE and send them the 'misrepresentation' letters aswell, so were are going to do this asap. Youve no idea how much of a relief it will be to have an extra £700/month instead of wasting it down the drain to GE Money!

 

And yes im still paying the maintenance fees. We actually couldnt afford to pay last years and theyve been sending us debt recovery letters etc etc, so we ended up having to set up a 5 month installment programme with them last month that works out at 430Euros each month! We have only paid 2 installments so far. Will i need to pay the other 3 installments before i send CLC the 'misrepresentation' letter cancelling? (saving us another £400/month!)

 

Ahhh i can see this is going to be a very long process, but worth it in the end i hope.

 

Thanks again

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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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Forgot to mention that if GE send you a complaints form back, ignore it. Read it carefully and you will see why.

 

They have already received yours, tell them that's all they are getting if they ask.:-)

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Hi, am yet another caught out at a bad moment by CLC. Have paid maint for this year and am keeping up GE payments but worked out yesterday that if I fulfill GE payments over next 9 years, I will have paid them £45k+ plus maint charges to CLC over the same period. Am very interested in the two cases mentioned brought by Asset Link v Miss G and v Capstick. Plse does anyone know where I can obtain more info re these cases as within 2 months of getting into CLC I was aware that I had made a serious mistake. Alternatively, is anyone able to identify the solicitors representing the Defendants? Have got to find a way out of CLC trap but probably like everyone else do not want to bring even more trouble on my head. Interestingly, I said to CLC rep at the time that if what he was selling did not match up to expectations, I would go for him and CLC for misrepresentation..... (hot wind)

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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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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!!!!

.:)

 

----------

My ex husband and I havent paid our Management Fees for 2009 and we did receive a letter from the Solicitor threatening court action for non payment. We have still not paid and have received a letter from CLC saying that if we dont pay they will cancel our membership. We are currently waiting to see what they do next!! Not sure whether the solicitor/court action is an emtpy threat or not

 

Will keep you all posted .........

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  • 1 month later...

My oh my, and I thought I was the only one......

 

Sick to death of year after year of not getting what we were promised, like everybody else here the clc membership feels like a stone around my neck. I walked past a holiday shop the other day and saw a great last minute deal including flights that cost less than my maintenance.

CLC can't offer me anything around the time I want (or have to take because of the kids) for the third year running. I feel like signing up for a gold week under a false name because I KNOW they'll have a week free in the school hols... after 4 years I've had enough and I want out.

 

But it seems the route to get out of this is to write the whole thing off and walk away. We should definately all club together on this...

 

Anybody wanna buy my points? ;0)

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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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We feel a huge weight has lifted from our shoulders - contact timeshare.org today to join the list and save yourselves thousands. We too felt like we are trapped but now we are going to follow advise and stop paying immediately. There is light at the end of this very dark tunnel x x x Thanks to everyone especially mustang x x x x

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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 !

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