Forest Holidays Membership Club

[gshaw76]

Hi

 

This is my first post and I was hoping for some advice and possibly to contact any other people with the same issue.

 

My wife and I invested £4,000 in the Forest Holidays Membership Club in August this year which basically entitled us to discounted holidays at the cabin sites of Forest Holidays. The deal was that the initial investment was used to pay for the holidays and then you could top-up the money at any time over the next 25 years (the life of the membership)

 

A few weeks ago they wrote to us advising that they were withdrawing the right for members to make any further top-ups so once the initial investment was spent that was it. They referred to a clause in the terms and conditions:

 

"The Club reserves the right to vary Membership Benefits during Your Membership"

 

I have written to Consumer Direct who have confirmed that this sounds like an 'unfair term' as per the Unfair Terms in Consumer Contract Regulations 1999. I have pointed this out to Forest Holidays but they are unwilling to reinstate the right to make top-ups.

 

So the position I'm in now is that I think what they are trying to do is not legal, but Consumer Direct can't/won't tell me what Trading Standards are actually doing about it. I think my only course of action is to take Forest holidays to court for the potential loss of benefit (which I estimate to be about £25,000 over the course of the membership)

 

Does anyone have any experience in this type of issue or can suggest another course of action?

 

Many thanks

 

Gary

[rebel11]

Hi gs

 

Welcome to CAG

 

The guys will respond shortly.

[annmarie1999]

Hello

 

We too signed up for the membership. We believe from the wording of the contract that they cannot do this , I spoke to Consumer Direct yesterday and they say I need to send them another letter claiming unfair breach of contract and both parties are not in agreement to the change. My husband has previously sent them a letter to this effect but I am going to write them another letter.

Have you made any progress?

 

Annmarie

[gshaw76]

Hello Annmarie

thanks for replying. I had given up on anyone reading this to be honest!

The short answer is no I haven't made any progress. Forest Holidays refuse to accept that it's not legal.

Apparently Consumer Direct will refer it to Trading Standards, but they won't talk to you directly. The system is pretty rubbish really.

 

The only option is to take the matter to court and I spoke to a solicitor who confirmed it should be successful but the cost of pursuing it would be about £20,000. Obviously this put me off a bit!

 

I was hoping to get in touch with more members so we could do something as a group, but you're the first person who has mad any contact.

If you want me to send through the correspondence I've had with Forest Holidays via email then just let me know

 

Gary

[pjfinetune]

I know this thread is now very old, but did anyone ever take any action over this matter? We still have about 3000 'points' left and have been spinning them out to make them last as long as possible, but would of course dearly love to 'top up' as per the original agreement.

 

Peter

[TPF57]

We joined Forest Holidays Membership club in Sept 2010. We have NEVER had anything from Forest Holidays saying we can't top up but from what we've heard this is obviously the case. Surely even if their terms and conditions are iffy, they have a legal requirement to inform me.

Secondly, I have seen posts about this from BEFORE I joined, in which case, I believe I have a case for miss-selling.

Forest Holidays have not responded to any emails I've sent, so I'm going to send a letter to the CEO Bruce McKendrick.

I am going to look into using my house insurance legal cover, to sue if necessary.

[pjfinetune]

I believe the stop on top-ups happened after September 2010 as that's around the same time we joined. I'd be very interested to hear how you get on.

 

Peter

[pjfinetune]

Actually - I've just checked. The email went out on the 16th September 2010, so that's when existing members got told.

[BazzaS]

I'm not saying this is the case, but they may have a line of defence.

If they can show that the holiday site is fully subscribed, and people wouldn't be able to take holidays they had 'topped-up' for if they continued to take top-ups, then closing the scheme as 'fully subscribed' seems entirely fair.

I'd tread warily on this one!.

[pjfinetune]

They can't use that as it was in no way given as a reason at the time of announcement. It also makes no sense in this instance as they would need to sell out every site on every date as you book your holiday when there is availability, we are unable to use our 'points' to get preference over other customers.

 

They changed the terms and conditions of the contract without warning or consultation. I'm fairly certain it doesn't stand up to any scrutiny, which is why I'm trying to contact others who were caught out and who, like me, may now be nearing the end of their initial investment.

[TPF57]

Actually - I've just checked. The email went out on the 16th September 2010, so that's when existing members got told.

Can you post a copy of that email please? my contract was signed on 13/9/10, so they must have known about this before I became a member. If that doesn't come under mis-selling, I don't know what does.

[pjfinetune]

Here is the text of the letter that was sent with an attachment.

 

If you take this forward, please let me know how you get on:

 

Dear Member,

I am writing personally to let you know that Forest Holidays is closing its membership scheme to new entrants, and also to let you know about our exciting plans for 2011.

 

 

Firstly, your Club, the scheme is now closed to new members due to the response we have had from Forest Holiday customers far exceeding our expectations, such that the allocation of scheme places has been taken ahead of time.

 

 

Great news for you since you are now a member of this exclusive club and by limiting our membership we can ensure we continue to give you the focussed, personal service which we pride ourselves on.

 

 

You can rest assured that your membership of the club is not affected by this decision and that our Club Reservations team will continue to provide you with a dedicated and privileged service.

 

 

One change I would, however, ask you to note, is that as the scheme is now closed to new entrants this also means that new top-up purchases are also closed.

 

 

Secondly, I’d like to let you know about our plans for 2011.

If you haven’t already done so, we are taking bookings now for 2011 and you may be interested to consider trying a new location next year, here are the development plans (subject to confirmation) we have as you plan your next stay with us,

 

· Our latest new site is a brand new development in Sherwood Forest, opening 25th July 2011.

The site is situated in magnificent Forestry Commission land and we will be offering the full range of Golden Oak, Silver Birch and Copper Beech accommodation. Full details on our website and Cabins can be booked now

 

· Deerpark – our Cabin site in Cornwall will be undergoing a major refurbishment and upgrade programme in January/February 2011 during which time the site will be closed. Additionally we are opening a new Forest Retreat this autumn at Deerpark and from September 19th 2011 we will also be offering new 1 bed golden Oaks and new 4 bed Golden Oak+ Cabins. All available to book now.

 

· Argyll – due to the exceptional demand at Argyll, we are adding 14 new Cabins which will be opening May 16th 2011, again, you can start booking these now as club members My team looks forward to welcoming you as privileged Club members and thank-you for your custom.

 

 

If you would like to discuss any matter on the membership club please contact Robin on 07872 513497 or Laurie or myself on 01283 228627 Yours sincerely Wendy Bosworth Reservations Manager

[BazzaS]

I’d wondered (above) if it was “scheme fully subscribed”, and their email confirms this is the route they might take.

 

You’ll argue that provided they have availability to sell dates to “cash” customers they’d be able to provide dates to “membership” customers.

 

They’ll probably argue that there is an allocation of cabins for “membership”, separate from the “cash” stock.

Not necessarily (strictly) in the sense of “x cabins per week”, but “an average of x cabins per week, over y years”.

Once the scheme has sold that amount (in terms of initial memberships or top-ups) : that they can’t sell more [without renegotiating for more ‘membership dates’]. There may even be a subsidiary company that deals with the “membership”.

 

They’ll argue that this is one of the reasons behind the “can vary membership benefits” clause, to give flexibility to allow scheme members to add-on, but only while there were points available to sell!

[TPF57]

I think this clause in the terms and conditions is very relevant.

 

10.4 Unless otherwise stated in these Terms and Conditions, no variation of the Agreement shall be valid unless it is in writing and signed by or on behalf of Forest Holidays and You.

 

Did anyone sign agreeing to the change in conditions regarding top-up?

 

Also it was a bit sneeky the way it was just included in a line that started "our exciting plans for 2011".

[BazzaS]

I think this clause in the terms and conditions is very relevant.

 

10.4 Unless otherwise stated in these Terms and Conditions, no variation of the Agreement shall be valid unless it is in writing and signed by or on behalf of Forest Holidays and You.

 

Yet you have pointed out their ability to vary the benefits is in the T’s & C’s

 

They referred to a clause in the terms and conditions:

 

"The Club reserves the right to vary Membership Benefits during Your Membership"

 

 

Saying the change wasn’t in writing / signed is a non-starter unless you get the “can vary benefits” clause excluded on grounds of unfairness.

Whilst you might try this, for the reasons previously stated, it could be an uphill struggle to do so.

[TPF57]

I can't find these clause "The club reserves the right too vary ......" Can someone please tell me where it is in the terms and conditions?

Thanks