Hello all, Im Rachael from the TCA. I hope you dont mind me posting on your members website but there seems to be a few points that I could straighten out a wee bit. For all the people who are happy with the new points system and wholeheartedly believe that it is in your best interest to vote yes, then obviously that is what you must do. If even a part of this proposal does not sit right with you then please read on. For all the people who are going to vote yes so that they can pay out of their perpetuity clause, the fact of the matter is, perpetuity clauses, even though they exist in contracts, cannot be relied upon as they are an unfair term. You cannot ask for a conscious decision against a dead person. This being so the ‘bargain’ that they are offering doesnt exist in law and to put the icing on the cake, in exchange they will be asking you to give up and/or vary contractual rights you certainly own. Something for nothing, wrapped up in a big bow. If they breach the contract (which is what they are proposing to do), consumers can deal with that in 2 ways – 1. They can rescind the entire contract for breach of contract (there’s your free get out) or 2. If the consumer wants to retain ownership they can injuct them as a single person or as a group. The legitimacy of the vote itself is flawed. In simple terms, the club has a constitution designed for a purpose. The fundamental purpose of the constitution cannot be changed as each individual contract was entered into willingly by the parties. Each contract is not divisible and as such the changing of a purpose requires 100% vote, regardless of what is in the contract. Anything less is an unfair term. For all the people who are going to vote no, we need your help. The TCA can only do so much to help you here, we are just a few volunteers in an office. You need to help yourselves. Group together and fight for what is yours, legally yours. The more people we can get together when they do pass this proposal (and they probably will) the better, the stronger and the easier it will be. But dont just sign up and rest on your laurels. Get it out there, tell the papers, the Councillors, everyone. We can assist you in writing letters if needs be and theres a lovely man at the BBC who wants to hear about it - [email protected]. This may all sound a bit extreme but we need to set a precedent for all the other timeshare consumers out there, this is happening all over Europe, innocent people being rail-roaded out of their rights (some before they even know it) and what is supposed to be an investment is soon to be worthless. Drop me a line at [email protected] if you want to be a part, even a small part, of what we are trying to achieve for the consumers.
Posted on: Tue, 29 Jul 2014 11:43:08 +0000
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