Professor Jeannie Paterson of the University of Melbourne Law School, whose own parents are caught in a Classic Holidays scheme, says the timeshare operator's threat that the obligation to keep paying for the timeshare will pass to their children may be on shaky ground. Paterson specialises in contracts and consumer protection.
Classic Holidays tried one of its standard tactics on Paterson's parents. The company pressured them to sign up to its Aspire scheme and pay a hefty upfront fee as a condition for leaving their long-term scheme, ostensibly to avoid burdening their children with years of ongoing fees. But the professor is sceptical about the basis of such tactics.
The executor is responsible for the debts of the estate. Whether that debt is paid or not depends on the assets in the estate and where Classic Holidays sits in the order of priority for the payment of debts. And when a timeshare contract doesn't mention or is unclear about a member not being able to leave — as has been the case in a number of our previous investigations — the member has the right to offer to pay out any remaining contractual obligations.
Paterson says refusing to let members leave their schemes by paying out any debts is unfair and an overreach. Along with professor Paterson, the Law Council of Australia also expressed concerns about the timeshare industry. We support calls for the timeshare industry to undergo a rigorous review. CHOICE investigations have found that simply booking a room yourself is a far better-value option than a timeshare scheme.
Half of the 54 Classic Holidays members who took our survey would like to leave their schemes but can't, and another eight said they were thinking about leaving. Twenty-seven members said Classic Holidays had tried to sell them into its Aspire scheme, but they all said no. I have had a stroke and therefore have no income. Pure greed. Another, Brian, turned down the Aspire offer too, but says, "We would welcome a way out of the whole deal.
Classic Holidays made the threat that her long-term scheme, which was due to expire in , would pass on to her daughter. We've also seen other substantial documentation of Classic Holidays refusing to let financially strapped elderly members suffering serious health problems out of their schemes and, in many cases, pushing the Aspire option instead.
In many cases, these members are unable to travel, but continue to be billed their yearly fees. Many members of other timeshare schemes such as Accor, Ultiqa and Wyndham are also looking to leave.
Of the members we heard from, would either like to get out but can't, or are thinking of trying to get out. Of the 59 Accor members we surveyed, 26 would either like to get out but can't, or are thinking of trying to get out. In the case of Ultiqa, this holds true for 16 of the 25 members we heard from. Accor and Wyndham told us they don't take over management of title-based legacy schemes, as Classic Holidays does.
Ultiqa declined to respond to our query. The spokesperson characterised the respondents to our survey as a "tiny sample size [that] does not accurately reflect reality".
Yet our in-house survey experts dispute this assertion, saying timeshare members is a robust sample size for the purposes of our investigation and does suggest systemic issues. When asked why timeshare contracts generally don't include an exit option, and whether demanding that consumers accept and keep paying for a service they no longer want is the aberration it appears to be, the spokesperson said "state-based title laws and regulations do not allow for these owners to exit or walk away from their titled ownership without the title being transferred to another party.
Home owners can't just decide one day they don't want to pay rates and taxes, for example. But Professor Paterson disputes this explanation, saying many timeshare members "don't own specific property in the way they might own a house or land". Instead, she argues, members typically hold a ''share of the net assets held by the timeshare scheme and managed by the operator".
Under current law, "a timeshare operator may hold the timeshare assets of a managed investment scheme on trust for the timeshare members," Paterson says, adding that such an arrangement "carries certain obligations, including acting honestly, with reasonable care and diligence and in the best interests of members". According to Paterson, telling members they own title to property, can never be released from the ongoing fees, and that their children will be burdened with the ongoing liability "may in some circumstances be contrary to the prohibition on misleading conduct in trade or commerce under the ASIC Act".
Similarly, she says, trying to pressure older members into paying a significant upfront fee to move from a title-based scheme to a points-based scheme such as the Aspire program by giving inaccurate information and playing on parental concerns about burdening their children "is close to the advantage-taking behaviour that, in the right circumstances, will be unconscionable under the ASIC Act".
Timeshare members need clear, accurate information so that they can properly price the options available to them. Paterson adds: "Timeshare members trying to make important decisions about their timeshares need clear, accurate information so that they can properly price the options available to them. Meanwhile, ATHOC says it "actively supports consumer protection and works diligently to support our timeshare owners".
Following on from previous discussions and welcomed advice from various people on this thread, I decided that the common sense thing to do was take the loan costs on the chin and move on. However, may I ask for advice on a side issue of the aforementioned problem. The company ABC Legal have featured in previous discussions and I would like to relate my experience with them and hopefully get some rewarding advice.
ABC contacted me and said they could get us out of our Timeshare on a no win no fee basis. Rightly or wrongly I took them up on their offer. In the meantime they say they have been sending letters to the Timeshare company, but having no correspondence back. They sent me a bill after I cancelled and I think it is extravagant, to say the least. I therefore asked for evidence of all of the letters they had sent to try to justify this ridiculous cancellation fee, allegedly based upon the work they had already completed.
I was forwarded copies of several letters look like standard communication letters , sent approximately 5 days between each other. This alone is strange because they said they were asking for documentation to be sent to them, but were sending them numerous letters without giving time for a reply.
I have not settled their fee and would welcome some advice on this please. Sorry to hear about this. In the event of cancellation, you are probably obliged to reimburse there actual costs to date and pay them some or all of the actual profit that they would have made from their final fee, ie if the work had completed successfully. ABC Lawyer are well aware that because of their history, timeshare companies will not deal with them.
They were aware that this was the case when they persuaded you to enter into the contract. From what you say and from previous cases I have dealt with. In previous cases we have advised on, the consumers refused to pay the monies to them and aside from a few alleged debt letters, no further actions were taken by ABC Lawyers. Chris, many thanks for taking the time and trouble to reply, it is much appreciated.
I am in complete agreement with your comments. With regards to a lack of due diligence, that is perfectly correct, because after the initial conversation, they went straight into the process of signing me up on a no win no fee arrangement. I have still not received any proof that the letters they allegedly sent were actually sent.
All that I have received from them, after my request, are copies of what look like templated letters. I shall bide my time and when in receipt of their next administration fee request, I shall explain my reasons for not settling their ludicrous bill.
Do you think this is the appropriate action to take? Hi Fergie You certainly could wait — but equally, you can be proactive and write to them now to explain why you will not be paying them. FYI, others have successfully contested their fees for similar reasons. If they are persistent, let me know and I will assist further. Yes — write to them stating all of your concerns -i. Hi after my dealings with sellmytimeshare. Enjoy being only steps away from the beach! Close to golf, shopping, dining, arts and more!
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