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Sun Terra, GE and ASSET LINK HELP PLEASE


kermit2482
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Hi Folks, i have been reading this site with interest as approximately 14 months ago i stupidly signed up to 1 of these holiday points scheme things with sunterra whilst on holiday in Lanzarotte, I paid a £3000 deposit and then took out a finance deal with GE capital through Sunterra. Anyway to cut a long story short, i found out that basicly Sunterra had lied to me and the places that they offer are not just solely MEMBERS only as anybody could of booked on the internet, and at half the price basicly it was costing me, therefore after a lot of tooing and throwing with SUNTERRA i asked them to cancel my membership as they had lied to me. They refused but after a lot of perseverance they said they would suspend my membership but i would still have to pay my money to GE, well how stupid dp they think i am. They clearly know im right as they would not of agreed to suspend my membership else. Anyway i point blank refused to give any further money to GE and explained the circumstances, however they dug heels in and said TOUGH, you will pay. NO I WONT. Since then they have sold the debit to ASSET LINK who have obtained judgement against me and i now risk losing my house as i wasn't in the country when the court papers came through. I am in court on the 2nd of jan 07 to try and set aside judgement as i dont wish to lose my house and i dont want these LYING BULLIES to win, SOMEONE PLEASE HELP me and tell me what i can do if anything about these lying deceiteful companies. Has anyone ever sued the likes of SUNTERRA successfully. Many thanks and regards Mike!!

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Oh no, what a terrible situation your in. To be honest I'm not much of a lawyer, which is why I'm a Travel Agent lol, but joking aside, how awful for you!

 

Maybe asking a stupid question here, but did they give you a list of Terms and Conditions in writing, did you sign them??/ Is there any mention in there thats its "members only" or anything like that?

 

Have you used the services at all since you paid for them? I maybe way off here but I think there maybe a clause in some kind of legislation that means you may not be liable to incur further costs when their services are no longer required?? Someone will tell me if I'm wrong I'm sure.

 

How soon after signing up did you ask them to cancel? Did they offer a "cooling off period", most, if not all reputable companies have to offer a minimum of 2 weeks.

 

I'm sorry this may not be much help, timeshare is not something I am too familiar with (something I stay well clear of for this reason!)

 

Hope everything works out for you, and I am sure someone will offer more experience and useful advice.

 

Good luck

 

Heidi

I am not a legal expert, any advice I give is based purley on experience or opinion.

Please tip the scales if you feel I have helped you!! :D

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Hi Heidi, thanks for your reply, i was given a list of terms and conditions but to be honest i ditched them in anger a long time ago however i have since written to SUNTERROR and asked for a copy. The cooling off period has well past and it was about 3 months after signing that i found out all the lies. On the members only side in the terms and conditions i honestly cant remember which is another reason why i want a copy of them, however they clearly told us on about 6 occasions that this was the case or i would not have signed up in the first place.

No i have not used the services what so ever as i was so disgusted that they had deceived me in to signing a contract that clearly was a load of old tosh. Im only hoping that i can get all the correct info before 2nd Jan and i have a sympathetic judge, as i know i have been a bit silly but hey you live and learn i guess.

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It's hard to advise on timeshare queries without seeing the paperwork, to be honest. But you seem to be looking at, at least, an argument for misrepresentation. What evidence do you have of the misrepresentation - was it all just verbal promises?

 

I am assuming this is a standard Timeshare agreement and not a holiday club, without researching I'm not familiar with the company. If it's Timeshare it is covered by statute, but holiday clubs get around this unfortunately (totally wrong that it should be that way, but don't get me started!).

 

Did they take a deposit from you at the time you signed up? What cooling off rights did they give you?

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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