Unpaid Fees, Trying to sell, had threats of Court Action etc

Are you in arrears with your maintenance fees? If so, what have you done and what have MacDonald done?

Unpaid Fees, Trying to sell, had threats of Court Action etc

Postby Homer » Wed Mar 29, 2006 9:33 am

Hello all.

Found this site (via Timeshare Talk) when idly Googling. Not sure which Forum to Post under as my situation seems to fall under several categories. Hence the subject title!

My first comment is that I am pleased I found the site. I did think I was alone in experiencing problems with MacD and it's gratifying (in a sense)to know there seems to be some common threads among the complaints.

Secondly I'm quite surprised there haven't been many postings in recent weeks/months. Does this suggest all is "hunk dorey" or that Members are now satisfied with progress they have made with their issues??

Now a summary of my situation: In March 2003 we visited Villacana, at the time owning the one week there and one week at Dona Lola. We were approached by the Sales Team & told that there were two consecutive weeks available at Villacana & would we be interested in buying. We liked Villacana & there were many advantages in the weeks offered and the fact that they were 2 weeks together.

However I told the Sales people we could not afford 4 weeks maintenance per year & I would have to sell our existing weeks first. Of course we fell for the "yes but you'll miss this opportunity". :oops: :roll: We then fell for the "don't worry there's a demand-we'll sell it for you within a few weeks-no problem--blah blah blah" :oops: :oops: :roll: :roll:

Of course-no re-sale! For 18 months + we paid the four weeks mantenance. Had no feedback from their resale people-went fast track no joy. Poor admin from MacD meant we received letters stating we hadnt paid for any weeks. We stopped paying for original 2 weeks & I wrote to MacD. explaining why and in additiopn spoke to people there. They told me the people who sold the extra weeks had left the company three weeks later :!:

NCS got involved and I was threatened with Court. I backed down and paid monthly d/d to them for 12 months. Still no communication as regards re-sale although somewhere along the line there were further admin hiccups when I was accused by MacD of not paying NCS as they didnt have a record of this. After the 12 months I ceased paying again. Further letter from them threatening court action & inviting me to ring Alfaber and discuss matter. This I did. Lady gave me all the sympathy sounds and said she's speak to her manager and also the the "new sales manager in Spain" both of whom would contact me. Neither did.

A few weeks later another letter threatening court action. All along I have told them I would contest any court action on the grounds that the sales team misled us as regards the ease with which the two original weeks could be sold. and I again responded to this effect- also telling them that if they insisted on payment for the original weeks maintenance I'd have to stop paying for the two "new" weeks . (Which I have been paying without default) and so the cycle would continue. Strange also that within weeks of gaining the commision on the sale the sales people left.

Looking at some of the threads on the Forums it seems I'm not the only one alleging a form of misleading at point of sale. It occurs to me that such a pattern may be of significance in defence of any court action. Any views on this and whether it's worth those buyers who feel they were misled makinmg themselves know to each other to mutual benefiT?

Sorry I've gone on a bit.
Homer
 
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Postby sid » Sat Apr 08, 2006 9:51 am

Homer has my sympathy! The lesson is that the only way to handle a change of weeks is by part exchange (very expensive) or sell before you buy. Witholding payment of management fees does not apply any pressure to Macdonalds - all that happens is other owners have to cover the loss of income, Macdonalds lose nothing and in fact will gain when debt recovery expenses are incurred because they get a percentage.

Has anyone actually been taken to court? A further argument in court would be that Macdonalds are not fully comitted to resales because they have the disastrous "Options" scheme to sell in competition with owners resales.

They have a lot of mouths to feed both in Spain and in Scotland, and the banks to hold at bay. As far as I can see they need to make a huge profit on resales or Options because what else is there? Transfer fees? - They are pushing those to the limit. Management fees? - Limited by the Constitution. Restaurants? Rentals? - Peanuts! The original sales profits are long gone. This is what the "fast track" scheme is all about, they can turn a huge profit margin at owners expense. My guess is that they are looking to get at least £2500 profit from any sale with more from the more popular weeks. This means that they cannot sell anything below £2500 even if they give the owner nothing.
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Re: Unpaid Fees, Trying to sell, had threats of Court Action

Postby Bernard » Sun Apr 09, 2006 11:03 am

Homer wrote:Hello all.


Secondly I'm quite surprised there haven't been many postings in recent weeks/months. Does this suggest all is "hunk dorey" or that Members are now satisfied with progress they have made with their issues??





In answer to your comment about there being few posts on here, there never have been. I suspect that the Forum has never reached the critical mass needed to keep it going.

Regarding your own problem, there seems to be no easy answer. I've never come across anyone being taken to court but of course people could have been without it becoming general knowledge.

My own timeshare is at Loch Rannoch in Scotland where the Members eventually threw out BIRL as the Management Company and my own view is that in the long run this is the best course of action for all the sites - but it's a long haul!

For your interest you might to look at this site which tells of many timeshare experiences. http://www.crimeshare.net/14.html

Best of luck and keep us posted.
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Postby Homer » Mon Apr 10, 2006 8:25 am

Thank you both for your responses. I look forward to having a look at the "crimeshare" website soon
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Location: UK-Midlands

timeshare overload

Postby kipper » Mon Jul 24, 2006 10:18 pm

It seems that there are quite a few macdonald members who are disillusioned, to be fair there are very many companies who are far more unscrupulous. I have a number of weeks at Dona Lola and find them excellent value especially in relation to exchange power .They do in fact exchange for anywhere, As an ANFI owner I have had experience of similar situations to that expressed in this forum - but on a far higher proportion, in relation to purchase costs versus value for money - ie you pay far more at ANFI for similar exchange power and greater maintenance, to be fair the only people who are unhappy are the ones who wish to offload thier timeshare because of a change in circumstance. The true cost of a timeshare when it comes to selling it on is probably halfway between ebay prices ( I would'nt rely on ebay auctions ) and the resale costs at some of the more reputable timeshare resale companies, I have owned at 3 different resorts and to be fair Dona Lola wins without question - and yes dont buy more weeks until you offload the ones you dont want. Maybe its time to cut your loses try putting your weeks on this site - state a price ( halfway between ebay and resale companies) it might work. Good luckPs don't forget that an email can go out to memeber who post on the site(if they have taken the option) which will remind them to look at the site.
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Re: Unpaid Fees, Trying to sell, had threats of Court Action etc

Postby indiancreek » Sun Nov 09, 2008 5:33 pm

Did you get closure on your dispute with Macdonalds? Were you taken to court?
I think I'm now heading down the same road and withholding maintenace fees.

I'm sure there are lots of people who have had enough of the ever increasing charges, and it would be good to hear from them.

Any information would be very helpful.


Indiancreek
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Re: Unpaid Fees, Trying to sell, had threats of Court Action etc

Postby lookback » Tue Apr 27, 2010 10:35 pm

Hi Indiancreek,
I am just about to go down the road of non payment of mainenance fee, did it once and "chicken out" when I received the baififfs letter. That was three years ago and now enough is enough. I am stopping payments as of next month. What was the outcome of your saga? were you successful?

I read on another site that someone mentioned that there had been a change in timeshare regulations by the spanish government. Apparently the required action to comply with the legislation was not taken by Macdonalds Resort thus making it impossible for MacD to take legal action against people not paying. Is this correct.


Ian
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