The RDO is the Timeshare trade association, paid by the trade and for the benefit of the traders. They have no mandate or authority in any matter concerning timeshare. They represent only a part of the timeshare industry. Estimates suggest their membership only represents 7% of the entire timeshare industry in Europe. The RDO claim to be the legitimate part of timeshare; however other groups suggest they represent the many problem causers.
The RDO points out that they represent their members companies and as such, look after their members interests. It’s not uncommon for an industry to court the voices of consumer groups. To do so will give them valuable information as to the sturdiness of the concepts/products and give assistance to the members in ironing out any flaws. That said, engaging with consumer groups is not getting into bed with them.
The RDO’s consumer policy allows for consumers to address complaints or make general enquiries about members of RDO. The RDO provides this consumer service free-of-charge and explains that the service aims to resolve valid complaints against member companies. The “free of charge” promotion is not altruist but fulfils a purpose.
The RDO’s members claim to believe that it is important that the RDO undertakes this service for the consumer and that they can count on the RDO being fair and equitable. That position is not supported by the TCA consumer groups. We believe the policy is rotten and the RDO nose can’t smell it.
“The RDO has full authority to rule on consumer complaints logged against members” suggests the RDO policy. However, as the RDO are the paid servants of the members, it’s our opinion that any ruling can be blighted by connected party principles. “Member pays the RDO and he who pays the piper”.
Fairness of adjudication would be a panel of three (2 wingers and a chairman),
- 1 from the industry
- 1 from the consumers
- 1 chairman from the legal world.
All decisions would be published and explained. This does not happen in the RDO policy, no one knows what happens and no one is publicly admonished. Past decisions are not made available to the consumers. Therefore in our opinions it’s lavatorialy unfair and plays lip service to a real concept.
The adjudication panellists are not disclosed, decisions are not explained and consumers do not get a voice. If you consider this ruling might be used in court as a declaration of a possible fulfilled pre action nicety, then consumers should be mindful as to the implied inferences which a court could take from the RDO process.
In respect to Mediation the RDO states: “It has to be emphasised however that RDO will mediate between its members and consumers filing complaints but will not enter into any legal sanctions against its members”. In short we believe that the RDO are not independent, will not be fair and in any event, will not sanction its members.
Sanction means in law; “a provision enacting a penalty for disobedience or a reward for obedience”. The RDO will neither authorise nor approve or allow anything! When we consider the advertised proposal and we take away what we consider spin and veils, we find what we always find:-puffery and delusions.
The RDO Stated:-
If, however the “RDO establishes that a member continuously breaches its Code of Conduct or acts with intent outside the law, RDO will investigate the case, following set administrative procedure”.
This sneers at the logic tree and is the most crazy piece of slapstick I have ever read from an industry website.
If the RDO establishes that a member continually breaches its code.
For this to be established, an investigation must have been completed, a deliberation must have been conducted to establish in fact a breach has occurred. What is suggested is that once many investigations have been conducted and many breaches have been established they will investigate.
That said: – in the 2nd instant an investigation will be conducted, if a member acts with intent outside the law. To establish intent and to confirm that the member has indeed acted outside the law there would have been an investigation in the first place. What again is suggested is that once many investigations have been conducted and many breaches have been established they will investigate.
So they will investigate once they have investigated and in the event of an adverse finding (against one of its members) no sanction will be passed down.
The “Magic Roundabout” suggests therefore the RDO will investigate one of its own members only if they have investigated. Any the investigation will only be conducted if an investigation has proved continual breaches of unlawful acts with established intent. I am sure the chairman barrister will have an interesting time explaining that policy to the court.
The RDO has established the following procedures for handling consumer complaints: –
- Before RDO will investigate any complaint against a member, the complainant must first demonstrate that they have first attempted to resolve the complaint directly with the RDO member.
- RDO will send to the complainant a letter acknowledging the complaint and asking them to complete a Complaint Registration Form.
- Once all relevant information has been received, the consumer will be sent a communication indicating that the member company to which the complaint relates has been contacted. The complainant is advised that the company in question will respond directly to the customer within the next 21 working days.
- NB If it is clear from the documentation received from the client that the complaint is not valid, the client will be contacted to advise that RDO will not take up the case on their behalf, and will be sent the RDO lawyers list
- At the same time as contacting the complainant, RDO will contact the member company indicating what course of action; based on the information received from the consumer it expects the company to take.
- The company is given 14 working days to respond directly to the complainant and is expected to provide a copy of its response to RDO.
- If, however, the company disagrees with the preliminary decision made by the Secretariat or wishes to propose an alternative solution, the company must provide, again within the 14-day deadline, evidence to back-up their viewpoint. If the requested is not provided, RDO will judge the case on the evidence received from the consumer.
- If, however, an alternative course of action is proposed which is approved by RDO, the company should make contact with the complainant within the 14-day period, forwarding a copy of the correspondence to RDO. A short extension to this deadline may be agreed.
- If a company fails to respond to RDO, the Secretariat will write to the company again and request that the complaint is resolved within 7 days. A letter is sent to the consumer asking them to wait a further 14 days.
- If the company fails to respond at this point or fails to rectify an unsatisfactory response in line with the RDO Code of Conduct, then a letter will be prepared by the Secretariat and sent recorded delivery to the company concerned. This letter will outline to the company that their failure to respond is a breach of the RDO Code of Conduct and if the breach is not immediately rectified, then the company will be referred to the RDO Board of Directors, who will investigate and take appropriate action in accordance with the RDO Code of Conduct.
- RDO will inform the consumer that it cannot assist further in the resolution of the complaint, and details of the RDO Arbitration Scheme, which is independently administered by CEDR Solve International Dispute Resolution Centre, will be sent to the complainant.
If upon receipt of the response from the RDO member, the complainant remains dissatisfied, So after a complaint is ignored and you have wasted your time the RDO explain you can go to an independent body called CEDA.
CEDA is an independent mediator which you could have gone to before the RDO. Mediation is effective if both parties want to mediate and have a desire to avoid court. They are also a great way of burning consumers out of money in pre litigation stages (many £0,000 sometimes in unrecoverable costs).
There is nothing stopping the RDO from turning up and making a statement and walking straight out again. Mediations only work if both parties have a desire to bring to an end a dispute and can be exploited.
In many cases the claims are less that £10,000 and if you engage the resort in proceeding be adjudicated by the arbitration system in the county court. You can represent yourself or be assisted by the TCA. You don’t have to enter elaborate self serving situations which have no sanction.
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