This is in respect to the following resorts
Elmers Court Country Club, Hampshire
Dalfaber Golf and Country Club, Aviemore
Forest Hills Trossachs Club, Aberfoyle-by-Sterling
Lochanully Woodland Club, Inverness-shire
Loch Rannoch Highland Club, Perthshire ( though MacDonalds were dismissed as managers after 10 yr court battle)
Plas Talgarth Health & Leisure Club, Powys
Leila Playa Club, Malaga
Villacana Club, Malaga
Dona Lola Club, Malaga
Barratt’s Charter
(in part)
First of all what is a charter?
It’s a contract, a deed, a bond and a promise. This charter was given to the consumer by Barrett’s for a purpose and that purpose was to induce the consumer into acquiring a product. In this case that product was timeshare and timeshare was on sale by Barrett’s.
This is what Barrett state, promise and bond to the consumers:
“The Barratts charter was launched in January 1990 to reinforce buyer confidence”
“The Barratt Charter provides Barratt buyers with even greater security of purchase by protecting their interests”
“to set up a clearly developed Code of Practice with benefits for all concerned.”
“The company believe it can provide that extra degree of trust in Holiday Ownership through the Barratt Charter”
“Barratt International Resorts Limited (BIRL) uses major clearing banks to act as independent trustees. These trustees hold the title to the lodges and apartments on behalf of the owners.”
“In the unlikely event of the liquidation or bankruptcy of the company the title to the lodges and apartments would be safe”
“OMBUDSMAN – The Owners’ Committees will nominate from a panel of suitably qualified and independent individuals an Ombudsman to act on behalf of the Owners. When asked by any Club Committee, the Ombudsman will examine any grievances an Owner may have against BIRL in respect of any matter where all the relevant actions or circumstances have occurred after January 1990. The Ombudsman’s decision is binding against Barratt, will be reported to the Club Committee and, if the Owner is not happy with the outcome, he or she will have recourse to normal legal channels.”
“Annually each Owner will receive an audited statement detailing the expenditure on management and how the management fees are calculated.”
“The company is committed to making all potential owners fully aware of their rights under the Barratt Charter. The company will continue to seek means of protecting the consumer’s interests and provide even greater confidence in their purchase.”
“Insurance cover has been arranged on an “All Risks” basis in respect to building and contents at each resort.”
“In the event of any complaint from an owner, the first recourse to the owner will be to try and resolve the matter directly with the Company. If a satisfactory solution cannot be reached, the owner is entitled under the constitution to raise the dispute for discussion between the Club Committee and Barratt. If the matter remains unresolved it may be referred to the Ombudsman as provided for in the Barratt Charter.”
“The independence of the Ombudsman is guaranteed by the Owners’ Committees, who are made up of owners from all over Barratt’s resorts. Unless the Ombudsman considers a complaint to be unreasonable or frivolous, no charge is made on the owner for the Ombudsman’s services, but these services cannot be used if legal proceedings have already been initiated. Full terms of reference for the Ombudsman service are available on request from Barratt.”
“The Holiday Certificate is evidence of Legal Title.”
“the right which all joint title holders have of insisting that the subjects be sold and the proceeds divided amongst the joint owners.”
“The purchasers are not granted leases as such but, by virtue of being members of the Club and holding the requisite Holiday Certificates, they are entitled to occupation of specific apartments for specific periods in each year. Thus protection is given not only to the purchasers’ interst in the underlying property but also to his right of occupation of that property. Further security is given by virtue of the fact that the title to the property is held by an Institutional Custodian Trustee on behalf of the Club.”
“For how many years does title last? Effectively, it lasts forever.”
“At our resorts in Scotland and Spain your occupation rights will last in perpetuity unless there is a 75% majority of all owners in favour of winding up the scheme at a special meeting called for that purpose.” (Nothing about Barratts votes by proxy or about changing the constitution, just “winding up the scheme” which they are offering for 4 years upfront maintenance fees)
“in most of our resorts we offer holiday ownership in perpetuity and at Plas Talgarth and Elmers Court (where because of English laws against perpetuity) for 80 years.”
“What happens if Barratts cease to trade or sell the resort? Your ownership and occupation rights are totally protected no matter what might happen to Barratt. This is achieved by virtue of the fact that the title to the Apartment in which your rights subsist is held by a clearing bank as Custodian Trustee on behalf of the timeshare owners. The Custodian Trustee will not accept instructions to take action in respect of the title to the property from any source other than the Committee of the Club for the resort in question”
“Barratt will inform you precisely what numbers of apartments are planned for any resort. Too many resorts have been spoilt by over development of the site to the great distress of its existing owners.”
“You are, therefore, purchasing a superb holiday for life – wher you can be assured of the standards and not subject to the chances of a spoilt holiday, as is so often the case with other forms of holiday taking.”
“which guarantees your holiday accommodation every year, for a one off purchase price, with only a modest yearly management fee.”
“When you become an owner of timeshare, you have legal right in deed and title to occupy your holiday apartment or lodge in the week or weeks of your choice forever.”
“timeshare has a value and may be resold.”
“SECURITY IS GUARANTEED” (as a title)
These are promises make to you.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk