European Coast & Sun Holiday Scam

Dear Sir or Madam,
I write to seek advice.

I (regrettably) signed an agreement last year in Tennerife with the
subject company for a "Discovery Premium" 'holiday
discount club' membership, this was offered in
conjunction with a full money back scheme through
CashBack Promotion (www.cashback-international.com)

Upon return to UK I did a bit of research on the
Internet, only to discover that their reputation is
very poor, and that the chance of a full cash return
is virtually nil.

I wrote within 1 week, by registered post, to cancel and requested
the return of our deposit, siting their agreement with
the Office of Fair Traiding for a cooling period.
They have subsequently advised that they have no such
agreement and have demanded payment of the full amount
with a threat of legal action.

I would welcome your advice on the cooling off period
and also believe that the contract is voidable due to
the gross misrepresentation of a full refund. Given
that the brochure only guarantees a minimum of 10%
and I understand that their management fee is 20%,
a full refund or anywhere near it is, at the very
best, most unlikely!

Their paperwork states that UK law prevails for this contract.

Can you help please?!

Thanks in anticipation.

Len Jenkins

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behaviour... You can argue they purposely misled you, provided false information etc.

Dear Sir or Madam,
On December 29th 2007 I and my boyfriend were enticed off a street in Playa de Las Americas where we were spending a holiday. A man saying he worked for a "shopping" centre gave a two scratchcards and said the jackpot on mine entitled us to a free taxi ride to Los Cristianos, a 90-minute internet presentation of the new "shopping centre" and a "surprise" -either 1,200€, 120€, a videocamera or a free holiday. I short, we had a 6-hour presentation by two European Coast and Sun Holidays guys who fooled us into signing a contract and made us pay 250€ as advance payment. They wanted 1,800€ but we insisted on paying not more that 250, since it all sounded too good to be true and we wanted to get information on this company. We discoverede we had been told a lot of lies. As soon as we were back, on the 6th day from the day we signed, we sent an international delivery recorded letter stating we cancelled the contract.
I would like to know if the EU proposal to better the 1994 law on "unfair trading and aggressive selling", extending to holiday clubs membership buyers the 14-day cooling off period given to timeshare buyers has become law. I have read that it had to become law on December 12th 2007 : I have searched the net but have not found the law's text. Does it really entitle scam holiday clubs victims to a cooling off period?
Kind regards

I am a guest here but wanted to tell you that any misleading sales pitch like you describe here is enough to cancel the contract.

And these guys don't like it if you bring attention to government officials either--so feel free to cancel.

[sandra]

Originally Posted by Alice

Dear Sir or Madam,
On December 29th 2007 I and my boyfriend were enticed off a street in Playa de Las Americas where we were spending a holiday. A man saying he worked for a "shopping" centre gave a two scratchcards and said the jackpot on mine entitled us to a free taxi ride to Los Cristianos, a 90-minute internet presentation of the new "shopping centre" and a "surprise" -either 1,200€, 120€, a videocamera or a free holiday. I short, we had a 6-hour presentation by two European Coast and Sun Holidays guys who fooled us into signing a contract and made us pay 250€ as advance payment. They wanted 1,800€ but we insisted on paying not more that 250, since it all sounded too good to be true and we wanted to get information on this company. We discoverede we had been told a lot of lies. As soon as we were back, on the 6th day from the day we signed, we sent an international delivery recorded letter stating we cancelled the contract.
I would like to know if the EU proposal to better the 1994 law on "unfair trading and aggressive selling", extending to holiday clubs membership buyers the 14-day cooling off period given to timeshare buyers has become law. I have read that it had to become law on December 12th 2007 : I have searched the net but have not found the law's text. Does it really entitle scam holiday clubs victims to a cooling off period?
Kind regards

Newsroom
Press releases 2002
OFT appeals for timeshare victims
PN 54/02 29 August 2002

In a crackdown on timeshare and holiday club sales that fall foul of the law, the OFT is calling for victims of such sales in Spain to come forward.

Under new powers implemented earlier this year, the OFT can now take action under Stop Now Orders against businesses based in the European Union that breach certain consumer protection laws and thereby harm the interests of UK consumers.

The OFT is now appealing for further information on timeshare and holiday club sales practices that breach the Timeshare or Doorstep Selling Directives. The OFT is particularly concerned about traders acting in resorts in Tenerife, such as the Playa de Las Americas, and elsewhere in the Canary Islands. Complaints already received include problems such as:

• lack of information about cancellation rights and threatening behaviour towards consumers who try to exercise their right to cancel
  
• misleading or false oral statements
  
• forcing holidaymakers to hand over large deposits during cooling-off periods, which is prohibited.

John Vickers, Director General of Fair Trading, said:

'Although there are many reputable timeshare companies, there are also unscrupulous operators. The new STOP Now powers mean that we can now take robust action against them when they break the law, if they are based in any of the 18 European countries that belong to the EEA.'

The OFT cannot intervene in individual cases, but evidence from consumers will help ensure that the OFT can take action to stop traders from breaching the legislation in the future. Any consumers with a complaint or information about Spanish timeshare or holiday club operators should contact the OFT by email at euroteam@oft.gsi.gov.uk, phone 08457 22 44 99 or write to International Liaison, Consumer Regulation Enforcement, OFT, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.

NOTES

1. Directive 94/47/EC, commonly known as the Timeshare Directive, gives protection to purchasers of the right to use immovable properties on a timeshare basis. The Directive, which applies to timeshare contracts concluded for at least three years in European Member States, includes a provision that purchasers must have a minimum statutory cooling-off period of 10 days from signing the contract in which they may withdraw without giving any reason. It also prohibits the taking of deposits before the end of the cooling-off period.

2. Holiday club deals, which include those concluded for less than three years, without the possibility of extension, fall outside the scope of the Timeshare Directive. However, depending on where the contract is signed and the nature of the deal, it may be subject to the Doorstep Selling Directive (EU 85/577/EEC). The Directive requires consumers to be given a cooling-off period of seven days on contracts concluded away from business premises.

3. Under the Stop Now Orders (E.C. Directive) Regulations, which transpose the EC Injunctions Directive (98/27/EC), the OFT can apply for a court order against traders who breach or are threatening to breach any of a number of laws harming the collective interests of consumers. It can seek written assurances and undertakings in lieu of court action. The publication of a list of 'qualifying entities', including OFT, in the Official Journal of 2 February 2002, meant that from that date, these powers could be exercised before the courts of all European Economic Area Member States which have transposed the Injunctions Directive. The Directive is expected to be transposed in Spain in autumn 2002.

4. The Stop Now Regulations cover the following areas: doorstep selling, timeshare, unfair contract terms, consumer credit, distance selling, package travel, package holidays and package tours, misleading and comparative advertising, sales of goods rights, TV broadcasting activities and advertising of medicinal products for human use.

5. In this press release the functions of the Director General of Fair Trading (DGFT) under the Regulations are for simplicity described as the functions of 'the OFT'. The Enterprise Bill proposes to replace the office of the DGFT with the OFT, to which would be transferred the DGFT's functions.


Source:
http://www.oft.gov.uk/news/press/2002/pn_54-02

september 2003 i and my husband were holidaying in playa de las americas in tenerife, we were enticed of the street in las cristianos by a lady giving us a scratch card and saying that i had won one of the top prizes and my husband had won a bottle of champayne, we were taken to some office in a shop and spent over 5 hrs listening to a sales rep going on about club class holiday club after which we signed an aggreement under the impression that it was an investment and our money would be returned after three years. we have been fighting ever since to get back our money as we were misrepresented. can you help in any way as we cannot afford a lawyer. the deposit was paid off my debit card there and then £2000 and the rest from the same debit card was paid over the phone when we were back home in the uk, bal altogether £5500. i look forward to your reply.
kind reguards
mrs c beardsley.

I have been working for them in Tenerife. meet happy clients and also unhappy clients. I left because one of the owners Mrs. Kim Malecki ( at least in 2007 ) did not pay the suppliers ( Timelinx and Reclaim/Cash-Back ) and instead used the money for private investments. Really hope she is going to " pay for that " and getting away blaiming the staff

Dear Kate Tenerife,

I am a researcher currently making a programme for Tonight with Trevor McDonald about this issue of scratch card/holiday clubs. I would really like to get in touch with you to have a chat, please contact me at harriet.gill@itv.com if you are at all interested would be great to speak to you,

kind regards,

Harriet