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Modes of seeking redress

 

Many people believe they were pressured into signing up for Holiday Club memberships on the basis of verbal and/or written misrepresentations (i.e. the company did not deliver what they promised). If you think that applies to you, you are entitled to take action to cancel the contract and recover damages, which ranges from the amount of money paid in full for the membership, as well as money for the deposit.  

From the number of cases we have come across in Singapore, there are only a few ways to handle the cancellation of your membership. Either way you go, the chances of success will likely to be told to you as 50-50% chance of success. 

 

Walk away without confrontation

 

Perhaps you have already cancelled the contract and wish to walk away without claiming a refund for the deposit. Or perhaps you've already been paying for so many years and wish to avoid trouble by continuing payment. This may be the simplest option, but it does not attempt to put pressure on these scam companies in any way. It also weakens the position for future victims. If the companies can get away with it so easily, it only encourages them to cheat further. But if you're really not getting what you were promised, why should you continue profiting them? Isn't it better to cut losses as soon as possible? 

Caution:  Continuing to pay the annual maintenance fee makes you vulnerable to fee increases in the future. Someone we know signed up for a $18K package, with $300 annual fee, but this fee was subsequently raised to $600 and he could not protest it. 

 

Direct confrontation with company    

 

You may choose to confront the company directly on your own. This is usually the first step taken. Be prepared to see some nasty faces and endure rude, sarcastic remarks but don't let them get you down. Be firm and do not let them brain-wash you into upgrading your package or pay up in full so that you can sell the membership. 

 

See advice for communication >>>

 

CASE - appeal and mediation  

The position of the Consumer's Association in Singapore still does not have enough "biting power" to put pressure on these scam companies. Some of our members remark that they are nothing more than a messenger to relay messages back and forth between the you and the company. However, this is still a option worth exploring, as it's relatively low-cost and through them, you are able to avoid direct confrontation with the company.

 

1)  You will be required to bring all contracts/agreements and your justification for ‘Mis-representation’ Before you go down to the office, get all your facts ready and preferably written down. 

2)   The Consultant will look through the documents and discuss with you the Appeal procedure. 

3)   You will need to join as a CASE member if you decide to let CASE handle the appeal.

4)   CASE will send to the company a letter of appeal to terminate the contract.  They will normally send you a copy of their letter to the company and the company’s reply. 

5)   If the first attempt fails, CASE will re-appeal a second time

6)   If that fails and if you are agreeable, CASE will attempt to set up a mediation session with one of their mediators.  There is a cost incurred for the mediation session. So far, we haven't had any members who reached this stage, as the companies either do not respond at all to the CASE letter or if they respond but reject the letter. Then, CASE will tell you the case is CLOSED. They will stop there and advise you to try other alternatives.

8)   CASE will only act as a messenger and your mouthpiece. They do not give legal advice. 

 

 

Lawyers - litigation  

 

This is the costliest of the options but will be worth it especially if the sum claimed is more than 10K. Estimated charges range between a few hundred. 

 

1)   Lawyers with experience in Timeshare cases are preferred.

2)   You are required to bring all contracts/agreements and your justification for ‘Mis-representation’ 

3)   As legal advice can be quite expensive, it helps to gather other fellow victims and fight the case together. If you need help in locating a lawyer, please contact us

 

 

Some possible outcomes  

1) Cancellation with full refund 

2)  Cancellation with partial refund 

3)  Cancellation with no refund 

4)  Reduction in membership terms eg. Lifetime membership to 1 year membership to reduce membership cost and thus payment to the company

 

  This page was last updated on  19-3-2004