been taken to court

Have you been taken to court by MacDonald? If so, what was the result?
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eccles
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Re: been taken to court

Post by eccles » Fri Aug 15, 2008 1:08 pm

Hi again

You're right, all I ever had were letters threatening court action and the occasional phone call. Never had a visit. Even so, it can be very unsettling, or at least it was for my wife and myself.

The main reason I stood up to them was because I felt that the whole timeshare deal was mis-represented. They blamed the salesman who in their words "Is no longer working for us". I thought the best comment was from the debt collection agency who said while I was on the phone to them "Nobody forced you to buy the timeshare". I had to agree with him, but pointed out that if I hadn't been told lies at the presentation I wouldn't have bought it.

Regards

eccles


sid
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Joined: Sat Mar 11, 2006 6:10 pm

Re: been taken to court

Post by sid » Fri Aug 15, 2008 5:15 pm

Just so that you understand and in addition to my sympathy.

When you refuse to pay it is not a problem for Macdonalds, it just means that the other owners are charged more to cover the missing income.

The original blurb I had (about Dona Lola) said that in Wales under English law the timeshares had to be a 30 year lease, is that what happened? At Dona Lola under Scottish law they were allowed to sell "in perpetuity" and there is the rub for us!

Sid

sid
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Re: been taken to court

Post by sid » Sat Aug 16, 2008 5:47 pm

I should have said also that eccles week(s) are probably still unsold so the burden falls on the other owners not Macdonalds and the settlement must have been agreed with the owners' committee

Sid

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eccles
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Re: been taken to court

Post by eccles » Sat Aug 16, 2008 5:59 pm

Hi Sid

I understand what you are saying, but my weeks were sold by MacDonalds so the other owners are not footing the bill for me not paying the maintenance fees.

One of my gripes with MacDonalds is that they couldn't sell the timeshare all the while I was paying the fees, but it seems that when they realised that I wouldn't continue paying, magically they found a buyer!! Perhaps this was just a coincidence?

Also in the club constitution it says that if you don't pay your fees and they are forced to sell you will be given notice that this is what they are going to do. Can't remember the exact phrasing I'm afraid. Needless to say, no notice was ever given.

eccles

herefordjack
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Joined: Thu Aug 14, 2008 7:32 pm

Re: been taken to court

Post by herefordjack » Wed Aug 20, 2008 5:18 pm

Sid, in answer to your earlier question, the timeshare lease at Plas Talgarth is 80 (yes, eighty) years.


sid
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Joined: Sat Mar 11, 2006 6:10 pm

Re: been taken to court

Post by sid » Sat Sep 06, 2008 5:33 pm

well 80 years is better than "in perpetuity"!

In court there may be mileage in attacking the Macdonalds resales system which is not what was on offer when we bought and is not an honest effort to help owners sell. They ask inflated prices to maximise their profit and don't care if they do not sell because the owners are covering the costs, the sales staff are there anyway trying to flog "Options" so any resales are a bonus helping to cover overheads.

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eccles
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Re: been taken to court

Post by eccles » Sat Sep 06, 2008 5:48 pm

sid wrote: In court there may be mileage in attacking the Macdonalds resales system which is not what was on offer when we bought and is not an honest effort to help owners sell. They ask inflated prices to maximise their profit and don't care if they do not sell because the owners are covering the costs, the sales staff are there anyway trying to flog "Options" so any resales are a bonus helping to cover overheads.
Couldn't have put it better myself Sid :(

geoffbru
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Joined: Wed Jan 12, 2011 12:28 pm

Re: been taken to court

Post by geoffbru » Wed Jan 12, 2011 5:18 pm

I know this is a long time ago but what was the outcome?
Did you have to attend court?
Like you, I am an unhappy owner at Leila Playa and now in 2011, Macdonald management are still refusing to take back owner's weeks at zero cost. They won't face up to the changing face of timeshare ownership
Geoff Bruerton

lookback
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Joined: Tue Oct 27, 2009 11:31 am

Re: been taken to court

Post by lookback » Fri Jan 14, 2011 9:51 pm

I have a week at Leila Playa also. Was contacted by Network Credit in Nov 10 for not paying my 2010 maintenance fee. I told them that I could afford to pay but won`t because I am challenging MRL for mis-selling. Network Credit contacted me again two days ago and I told them that my views remain unchanged. They said have I got enough finances when MRL take me to court, I replied that I had. We wait and see.

lookback
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Joined: Tue Oct 27, 2009 11:31 am

Re: been taken to court

Post by lookback » Tue May 17, 2011 10:46 pm

Just received my papers from the small claims court,raised by Macdonalds, for non-payment of maintenance fees for last year.I have submitted my defence on grounds of mis-selling etc. We wait and see

sully
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Joined: Tue Oct 04, 2011 5:50 pm

Re: been taken to court

Post by sully » Tue Oct 04, 2011 7:05 pm

Hi

I would really be interested to hear the experience of anyone who has been taken to court by Macdonald resorts Ltd and their lawyers Tods Murray LLP.

Also, did anyone buy at Villacana, Spain around 2002?

Thanks

alunlewis
Posts: 4
Joined: Sat Nov 19, 2011 12:49 pm

Re: been taken to court

Post by alunlewis » Sat Nov 19, 2011 1:10 pm

My wife and I are retired, I have been paid off early from my job and do not yet receive my state pension. So we are unable to pay the huge maintenance fee of £433 which is approaching double what it was in 2005. The sum involved is about one month's pension and obviously well beyond our means. We have not paid this years fee and have now received a letter from Newwork credit services. We await a further correspondence but thank lookback for the advice on suitable response. We have not received notice of AGM and so are unable to view the members area on the Resort site as we have not got the new password. I would be very keen to see what is happening about the relinquishing survey that we signed in Feb this year. Does anyone know what has been decided?
Alun

lookback
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Joined: Tue Oct 27, 2009 11:31 am

Re: been taken to court

Post by lookback » Mon Nov 21, 2011 6:53 pm

I received a Small Claims Court Summons from MacD. I put in my defence to the court for non payment quoting mis-reperesentation (similar to the reasons submitted by eccles in his successful case). The Court operates a free Mediation Service whereby they will speak to both parties. I stated that I would pay the outstanding maintenance fee if MacD would take back my "Holiday Certificate". MacD agreed to this. Result: I no longer own a timeshare with MacD and am a very happy bunny.. OK I bought in 1987 and paid £5250 for the weeks timeshare plus outstanding maintenance but the loss was worth it just to get out of MacD`s clutches!!!
Don`t bother with solicitors or Citizen Adice Bureau both are equally useless. Information on Small Claims Court procedures can be found online.
Providing you tell the Credit Agency that you are in dispute with MacD they are, by law, unable to harrass you any further but, make sure that you have a justifiable reason for non payment. Tell the Resort management commitee that you you are not paying anymore maintenance fees and that they should take you to court.
That is what happened to me me. Each case can be different.

Ian


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