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Prime timeshare conversionans seeks to find ways of easing the burden ouAn investigation by the National Consumer Commission of 545 complaints from disgruntled holidaymakers could settle long-standing unhappiness about leisure companies. More than 740000 South Africans own timeshare. The commission's head of enforcement and investigations, Prudence Moilwa, said the number and nature of complaints

about timeshare had spurred it to undertake a large-scale investigation of the industry. In just two years, the commission has been flooded with complaints about holiday contracts. In 2011, it dealt with 781 such complaints and in 2012 it handled 596, including complaints about travel and budget-holiday clubs. The complaints include:

Those from customers wanting to cancel their contracts because of financial difficulties, misleading information or unsatisfactory contract terms;
Unavailability of accommodation during the client's timeshare period, often due to overbooking;
Frustrations linked to upgraded products that did not fulfil their purpose; and
Demands for refunds. Moilwa said consumers must be vigilant in protecting their rights. She would not name the timeshare companies under investigation or detail the complaints because, she said, the investigation was continuing. But on the website HelloPeter.com almost 120 timeshare-related complaints were posted in just under a year. One reads: "I have been trying to terminate my contract with X after 14 long hard years of membership fees I had to pay and I just cannot afford . finally, after reporting them twice to Hello Peter, they came back to me with a R2000 offer to buy my timeshare back. Another owner wrote: "I called the call centre of X today to make my bookings . when they do eventually decide to allow me to make my bookings; there will be no units available. When I purchased my timeshare I was told that I could make advance bookings, so what is the problem now?"

Another said: "I have just been made aware that X sold my timeshare week, which I bought in 1991, on auction without the necessary documentation and without communicating with me." Melanie Hatjigiannakis, of the Vacation Ownership Association of Southern Africa, said the association had been working closely with the National Consumer Commission. She said an industry study by accountancy firm Grant Thornton in 2011 had shown that South Africa had 183 resorts and 741775 timeshare owners. The association had advised all timeshare companies not to comment on the matter until the investigation was completed, Hatjigiannakis said. Moilwa said most companies had cooperated with the probe. If found guilty of contravening any provisions of the Consumer Protection Act, companies face fines of up to R1-million or 10% of their annual turnover, Moilwa said. The investigation is due to be completed by July 17. But Moilwa said: "This is a very complex industry, which requires a lot of time and energy to understand. "The investigation might, therefore, drag on way beyond the expected time frame." Adapted from the Times live report of 4 june 2013.

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Prime Timeshare Conversions invites you to read the below:Melanie Hatjigiannakis vs. TimesliveFri, Jun 28, 2013 Ruling b...
10/06/2014

Prime Timeshare Conversions invites you to read the below:Melanie Hatjigiannakis vs. Timeslive

Fri, Jun 28, 2013



Ruling by the Press Ombudsman

June 28, 2013

This ruling is based on the written submissions of Melanie Hatjigiannakis, general manager of the Vacation Ownership Association of Southern Africa, and Susan Smuts, legal editor of the Sunday Times.

Complaint

Hatjigiannakis complains about a story headlined Timeshare Bandits: Thousands of timeshare owners have been short-changed for years – but all that is about to change, in the TimesLive, published on 4 June 2013.

She complains that the:

story unfairly portrayed the timeshare industry in a negative light, either by the text or by omission;
headline and subheading added to this perception; and
journalist used her comment out of context.

Analysis

The story, written by Leonie Wagner, said that the National Consumer Commission (NCC) was investigating 545 complaints from disgruntled holidaymakers.

Unfair story – negative light

Hatjigiannakis mentions the following parts of the story in her complaint:

The NCC had investigated alleged complaints from holidaymakers relating to the timeshare industry;
The NCC had been inundated with complaints relating to holiday contracts; and
Those found guilty of contravening any provisions of the Consumer Protection Act faced fines of up to R1-million or 10% of their annual turnover.

She adds that she provided the publication with statistics – which it omitted, but which would have presented the industry “in a different light to that which appears in the article”.

TimesLive says that Hatjigiannakis was not in a position to deny that the NCC was investigating the matter, or that the commission had been flooded with complaints about the timeshare industry, “or any other details about the investigation”.

The publication is correct on the above. In her complaint, Hatjigiannakis did not elaborate on why the matters that she mentioned were in dispute, and I cannot find any trace of evidence that the story was either inaccurate or unfair towards the industry.

Also, the story did use the relevant parts of the statistics that she had provided TimesLive with – it stated that the NCC were investigating 545 complaints of the more than 740 000 holders of timeshares (the story also referred to 741 775 owners – information supplied by Hatjigiannakis herself).

Surely, the readers would have been able to make up their own minds if these complaints represented a significant percentage of owners or not.

Headline, subheading

Let me repeat the headings here: Timeshare Bandits: Thousands of timeshare owners have been short-changed for years – but all that is about to change.

Hatjigiannakis complains that the headlines portrayed the timeshare industry in a negative light.

The newspaper replies that the headlines accurately reflected what was in the story.

I beg to differ. The story is about an investigation that was underway. Wagner also quoted some dissatisfied clients – but their comments were still untested. There is nothing in the story that even remotely pointed to wrong-doing that had been committed.

Therefore, calling timeshare people “bandits” (read: outlaws, robbers, gangsters, cheaters, exploiters) was not based on the story. This was a conclusion, stated as fact, prior to the outcome of the NCC’s investigation.

The same goes for the sub-headline.

This was both inaccurate and unfair to the timeshare industry, and it did not reflect the content of the story (as prescribed in the Press Code) – and they certainly had the potential to cause the industry some unnecessary harm.

Using comment out of context

Hatjigiannakis complains about the following sentence which quoted her as saying: “The association (Vacation Ownership Association of Southern Africa, VOASA) had advised all timeshare companies not to comment on the matter until the investigation was completed.”

She says that this comment was taken out of context. In an email by her, addressed to TimesLive on 3 June 2013, she stated: “Due to the recent media frenzy that has resulted, more so inaccurate, and at times, malicious statements made we have advised our industry members to refrain from commenting on any matters which fall within the scope of the NCC investigation in order to ensure that the investigation be conducted impartially. However, we are at liberty to share some industry statistics which hopefully will give you a better understanding of our industry’s size, economic contribution; and place into perspective the issue of complaints.”

She concludes that VOASA, in requesting its members to refrain from commenting actually aimed at facilitating the NCC’s investigation “as opposed to hindering it”.

While I can understand that Hatjigiannakis was unhappy because the story did not state her good/positive intentions regarding the withholding of comment, I also do not believe that the story portrayed a negative message (read: withholding comment in order to hinder the investigation).

Finding

Unfair story – negative light

This part of the complaint is dismissed.

Headline, subheading

The headings are in breach of the following sections of the Press Code:

10.1: “Headlines…shall give a reasonable reflection of the contents of the report…in question”; and
2.1: “The press shall take care to report news truthfully, accurately and fairly.”

Using comment out of context

This part of the complaint is dismissed.

Sanction

TimesLive is directed to apologise to VOASA in general and to Hatjigiannakis in particular for its incorrect and misleading headline.

The publication is directed to publish the following text:

TimesLive apologises to Vacation Ownership Association of Southern Africa and to Ms Melanie Hatjigiannakis (VOASA’s general manager), for publishing a headline that was both inaccurate and unfair to the timeshare industry, and which was not based on the content of the story.

Hatjigiannakis lodged a complaint with the Press Ombudsman about a story in TimesLive headlined Timeshare Bandits: Thousands of timeshare owners have been short-changed for years – but all that is about to change (published on 4 June 2013).

The story, written by Leonie Wagner, said that the National Consumer Commission (NCC) was investigating 545 complaints from disgruntled holidaymakers.

The Ombudsman, Johan Retief, said that the headlines “certainly had the potential to cause the industry some unnecessary harm”. He stressed the fact that the investigation was still underway. “Therefore, calling timeshare people ‘bandits’…was a conclusion, stated as fact, prior to the outcome of the NCC’s investigation.”

He dismissed Hatjigiannakis’s complaints that the story had put the timeshare industry in a negative light and that we have quoted her out of context.

Visit www.presscouncil.org.za for the full finding.

End of text

Appeal

Our Complaints Procedures lay down that within seven working days of receipt of this decision, either party may apply for leave to appeal to the Chairperson of the SA Press Adjudication Panel, Judge Bernard Ngoepe, fully setting out the grounds of appeal. He can be contacted at [email protected].

Johan Retief

Press Ombudsman
so visit www.ptsc.co.za

Welcome The Council, the Ombudsman and the Appeals Panel are an independent co-regulatory mechanism set up by the print media to provide impartial, expeditious and cost-effective adjudication to settle disputes between newspapers and magazines, on the one hand, and members of the public, on the othe…

This question comes up a lot on timeshare forums and blogs, and it can be complicated depending on the exact procedures ...
09/06/2014

This question comes up a lot on timeshare forums and blogs, and it can be complicated depending on the exact procedures outlined in your particular contract. There are a few main points that stay the same regardless of whether you have a deeded timeshare or right-to-use, and whether or not you have paid off the entire amount of the timeshare. The following is a description of the steps that will take place if you decide to throw in the towel and allow your timeshare to go into default, leading to timeshare foreclosure.
Timeshare is treated equal to real estate in the eyes of the law, and it follows the same rules and regulations as a homeowners deed. Your timeshare can foreclose in the same way as your home if you stop making payments – and this does not just mean payments on the principal balance, it also includes yearly maintenance fees. After your first missed payment, whether it be a monthly payment on the principal balance or your maintenance fees, you will start receiving calls from your timeshare resort’s collection company attempting to collect a payment. You will also receive information by mail detailing the amount due, including any applicable late fees, and their intentions on reporting your delinquency to the VOASA

The harassing telephone calls and letters will continue if you choose to not pay the balance due on your timeshare, and after anywhere from 6-24 months (this is dependent on the procedure of your resort company) your timeshare company will begin foreclosure proceedings on your timeshare. Timeshare companies will try to avoid this at all costs because a legal means they have to take the property back and pay legal fees for the proper paperwork to be processed. I have heard instances of resorts offering to lower the amount due on the principal, changing contacts to make maintenance fees due only every 2 years, adding extra perks into your vacation package such as extended stays, rental cars, airfare, and sometimes even offering to forgive the amount owed if the two parties can reach a suitable agreement for payments to continue.
What happens if I stop paying for timesharesIf your timeshare does go all the way through the legal proceedings you will be notified by mail that your deeded timeshare will be part of a trustee’s sale or public auction. At the given date, time and place your timeshare will be sold at a sheriff’s auction to the highest bidder. The auction is public record and the transaction can be recorded and reported to the IRS and credit bureaus, effectively ruining your credit for the next 7 years. This strike on your credit score can make it difficult to finance a car, obtain a loan or even buy a home. Since timeshares rarely sell at auction for the amount owed on the deed, the timeshare resort company has the option to take legal action and sue you for the remaining balance owed. Read more on timeshare foreclosure and credit scores in the post – Prime Timeshare Conversions
Timeshares can be hard to wiggle out of, but most anything is better than letting the property foreclose and take a major hit on your credit score – especially if you are anticipating a major purchase in the near future. Timeshare foreclosure should be your last resort if there is absolutely no way you can make the monthly or yearly payments. It is wise to contact your timeshare resort if you are having financial difficulties and anticipate missing a payment, some properties will even offer to take your timeshare back under some circumstances; some resorts will also offer a Deed in Lieu of Foreclosure. You will also want to check out possibly donating your timeshare if the principal amount is paid off in full – this is not an option if you still owe money on a loan.

So visit www.ptsc.co.za so that we can help you or contact me on 0834745464

CALL US FOR A FREE CONSULTATION: 0834745464 If you’re looking to cancel your timeshare and the fees that go along with it, our company offers an efficient and effective solution to end these obligations. The service …

09/06/2014

www.ptsc.co.za or Prime timeshare Conversions gathers information pertaining to timeshare owners so that they may know the difficulties associated with timeshare contracts.

A probe into leisure companies offering timeshare will likely show they have violated the National Consumer Protection Act (NCPA), the Freedom Front Plus said on Monday.

"We actually asked for the National Consumer Commission's (NCC) investigation to investigate the industry. There had been many complaints from many stakeholders," the party's Gauteng premier candidate Anton Alberts said in a statement.

The party submitted the complaints to Parliament's portfolio committee on trade and industry, which oversees the NCC. It also urged the NCC to investigate.

In June last year the commission's head of enforcement and investigations, Prudence Moilwa, said there had been so many complaints about holiday contracts in the timeshare industry that it was decided to launch a large-scale investigation.

In 2011, the NCC received 781 complaints and last year 596 complaints, which included travel and budget-holiday clubs.

Alberts said the commission had finished its investigation, and a final report had been prepared. While he had not seen the report, his discussions with NCC members showed they were "aghast" at what they found.

Alberts said 41 of the main clubs were placed under investigation.

"If you look at what's happening in the industry at the moment, there is a real concern that the NCPA is being disregarded by the industry," Alberts said.

"We are sure that it [the report] cannot come to any other conclusion than that the main players are acting in disregard to the NCPA."

This meant that scheme members who were stuck in perpetual contracts could now exit them.

The industry needed to ensure there was adequate stock available for what was being sold.

"The overselling of points is actually creating a type of pyramid scheme," said Alberts.

"We are quite confident that the report will fix a lot of problems that people have been experiencing with these contracts and at least there will be a fair basis on which to enter and exit such contracts."

He said the FF Plus understood the main players in the industry had made submissions to the NCC and acknowledged they were at fault.

What concerned the FF Plus was that it appeared NCC members conducting the investigation had been intimidated by people apparently linked to the industry.

"If the clubs continue with that [the intimidation] we are going to lodge criminal charges against them," Alberts said.

"People are basically unhappy about the product. Given there are around 700,000 members in South Africa, and if it's not dealt with adequately, these clubs will be making money illegally."

The NCC could not immediately be reached for comment.So visit www.ptsc.co.za

09/06/2014

THE National Consumer Commission has given the R3.5bn holiday time-share industry until the end of this month to clarify the nature of its business model, and motivate why its contracts with time-share owners should not fall under the provisions of the Consumer Protection Act.

If the contracts of vacation clubs or time-share holiday schemes are found to fall under the act, they would be bound to the 24-month cancellation clause, providing much relief to disgruntled consumers.

The fact that many holiday timeshare contracts cannot be cancelled and exist in perpetuity has been a bone of contention. Consumers are obliged to continue paying subscriptions, even when they cannot afford them and cannot derive any benefit from them because the schemes are oversubscribed.

Many members complain that their requests for holiday time at their chosen resorts on specific dates are repeatedly turned down because the resorts are full. The surge in complaints led to the commission announcing in April that it would investigate the schemes, which have hundreds of thousands of members. In total, 42 time-share entities have been investigated.

The commission’s head of enforcement, Prudence Moilwa, said yesterday the industry insisted during the probe that time-share contracts did not fall under the act and thus could not be cancelled, because members bought property for which they paid levies. But, she said, the industry had difficulty identifying the specific property acquired by people who bought time-share points in order to justify its argument.

The problem with the time-share points system, Ms Moilwa said, was that "people buy points but they are not assured that they will be able to get accommodation".

She said the points do not entitle the buyer to a specific establishment — they enter a pool for accommodation when it is available.

"The commission questioned what exactly consumers were paying for, especially with regard to levies because one only pays levies on property that can be identified. If it is ownership of property, consumers should be able to have access to their property, should have something tangible and be able to dispose of it. If it is a fixed-term agreement, consumers should get a right to cancel the agreement."

The industry said that it wanted to respond to the concerns raised by the commission and possibly amend its business model as regards the selling of points to bring it into line with the act.

06/05/2014

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06/05/2014

Now is the time to take your own private holiday without the need of relying on other 3rd parties that have proven to be cost babies in the long run.

06/05/2014

Prime timeshare Conversions is there to be of service to anybody,our major job is to gather as many persons who would like to stop paying levies,and to legally get out of these binding contract.

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