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Judge criticises Exeter holiday club
By [grichardson] gordon Richardson (THIS IS EXETER)
A JUDGE has criticised the pressurised sales technique used by an Exeter-based holiday club operator, ruling that customers were misled into parting with thousands of pounds.
The judgement brought to an end a three-year ordeal for a couple who faced having to pay out £12,785 after signing up to a holiday club run by Leisure Time Promotions.
Benny Goodman and his partner, who did not want to be named, attended a presentation at Brendon House in Sigford Road, Marsh Barton, in July 2006 after receiving an unsolicited phone call.
After a three-hour sales pitch they signed a contract to buy points in a holiday club, and a finance agreement to provide credit to pay for the points, which could then be converted into stays at timeshare resorts.
They subsequently changed their minds but were unable to cancel the contract, so refused to pay, resulting in Mr Goodmans partner being taken to court by finance company Asset Link Capital over the £12,785 debt.
She defended the claim, arguing that misrepresentations made by sales staff at the meeting in Exeter led her to sign the contract.
District judge Kathryn Major accepted this defence, dismissing the finance companys claim and ordering it to pay the defendant £3,428 in costs.
The judge ruled the salesmen had been guilty of Fraudulent misstatement in telling the couple that the company would buy back the points. She also found four other instances of misrepresentation, including that the customers were told the product was covered by ABTA, that documents would be sent to them in the post and that they would be entitled to reduced fares on flights and ferries.
In her judgement, she said: I have concerns about what I find to be a fairly pressurised sales technique, specifically the lack of opportunity to consider a document away from the meeting or in the absence of a sales person on the day.
She also observed that the contract contained an onerous clause biased against the consumer [that] effectively gives carte blanche for anything to be promised by the marketer during the course of pre-contractual negotiations. At the hearing, Alex Fry, of Devon Trading Standards, told Truro County Court the service had received multiple complaints about Leisure Time Promotions.
Mr Goodman, who lives in Cornwall, said he and his partner had been left £1,300 out of pocket because the order for costs did not cover all their legal expenses.
Since October 2006 this has cost us sleepless nights, a whole lot of worry and now £1,300 I dont think I can get back. he said. Thats even after a judgement of fraudulent misrepresentation.
Leisure Time Promotions was a trading name of Easysave Finance Ltd, which is now in liquidation. In May last year, its directors Marc Herbert and Carol Small gave binding undertakings not to misrepresent their products to potential customers, following an investigation by Devon Trading Standards officers.
Also see: Leisure Time Promotion Claims, Timeshare Scams, Incentive Leisure Group Claim and Mis-sold Timeshare Claim
You can start your mis-sold timeshare claim by either calling our timeshare claim line on 0845 519 6093 or completing our online claim form and we will call you back.
Mis Sold Timeshare is a trading style of Minus 5 Media Ltd, regulated by the Ministry of Justice in respect of regulated claims management activities; its registration is recorded on the website www.claimsregulation.gov.uk CRM23646.
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