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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 39121
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I too have discovered Holiday Club Pacific has ripped us off.

Resolved Question:

I too have discovered Holiday Club Pacific has ripped us off.
I bought a gold membership while on holiday for $8350 (they arranged me an interest free loan) with promises we would be saving so much money on our future holidays we would never regret it.
I specifically asked how I could cancel if not happy. (No mention was made of the 7 day "cooling off" clause I am now aware of.) Instead I was told to wait until my membership cleared and I would be most impressed with the savings available on the websites. (the membership conveniently takes weeks so I couldn't investigate this claim until too late) -
Upon accessing their website I found it very limited. Upon ringing to arrange simple accommodation in a major city I received severe delays, excuses, false information, and finally a quote that I could match within minutes myself online. (without needing to pay a massive membership fee)
My complaints and demands for a refund have been met with the advice to sell it myself. (Which i cannot do in good faith as I can see it is not worth having)
I want to stop paying but feel obliged to the loan company.
Has anyone had success in getting a refund from them?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Evening

Do you have a Copy of what you signed?

Are they located in Australia?


Customer: replied 2 years ago.

Yes I do.


 


First though - I am actually living inn NZ. There was no option in the list. I hope that is OK.


 


They are located in Australia. We got nabbed in Surfers Paradise. I understand their head office is there.


 


 


 

Expert:  Leon replied 2 years ago.
Good Evening

Is it possible to send it to me?

you can email toXXX@XXXXXX.XXX

The discussions about the termination, did they point you to any clauses or simply avoid the issue?

Would you say that their sales people were misleading and deceptive?

How is the loan being repaid? Direct debit or credit cards?
Customer: replied 2 years ago.

It is hardcopy and I am unable to scan it today. Sorry.


 


The salespeople did not point me to any clauses - they simply assured me I would not regret it - and said if absolutely insist -I can sell it on.


 


I have found the "cooling off period" clause now (at the very back) - but it runs out weeks before the customer can get online and try the product out.


 


They don't seem very interested that their customer is so unsatisfied. I have asked that the cooling off period be extended as an exception and of course they say "no, you should have read it more thouroughly, sell it yourself." (This is only a month after signing up)

Expert:  Leon replied 2 years ago.
Good Evening

That is ok you can do it when you are able to scan it.

Were you told about that cooling off?

Do you have all these requests in writing and their replies?
Customer: replied 2 years ago.

No I was not told - and I specifically asked if I could cancel later.


There is a mention at the back of the booklet I was given.


 


Unfortunately these were verbal discussions while being sold the product.


 


 

Expert:  Leon replied 2 years ago.
Good Evening

The request to extend the cooling off was verbal too?


Customer: replied 2 years ago.

Yes. I requested over the phone after three weeks (1 week after getting access to their website and seeing how inefficient it was)


I asked for my concerns to be noted so I they don't say "You should have told us earlier" in six months.


 


I was going to write a letter insisting on a refund and explaining my unhappiness. Shall I do that ASAP so I have a record?


 

Expert:  Leon replied 2 years ago.
Good Evening,

I suggest that you write to them, and in your letter confirmed the discussion you had the time you signed, and all the other conversations since then.

If you consider dates and times the recalled that would be better.

You should then point out that they failed to notify you of the cooling off, and all so that the cooling off would expire before you even gained access to the website.

Make sure you make it clear that you specifically requested of the salesman whether you could terminate the agreement at any time, and what his response was.

You should then advised that if they do not terminate under the cooling off period that you will be lodging a complaint for misleading and deceptive conduct with the ACCC.

You need to show that this sales methods are such where they mislead the public and have them into a contract without properly explaining to them.

Allow them 3 days to respond with the cancellation and if they do not respond all respond in the negative you should then use the letter together with a response and lodged a complaint against.

the following link will provide you with information about false and misleading representations.

http://www.accc.gov.au/content/index.phtml/itemId/960084

If you provide them with your credit card details to deduct money I would suggest that you contact your credit card issuer and asked them to not process any payments to these people.

These are your options and you must make it quite clear that their actions were misleading and deceptive and that they were unsolicited sales and they failed to notify you of the cooling off period.

I hope this is of assistance. If you have any other questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



Leon, Solicitor
Category: Australia Law
Satisfied Customers: 39121
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. Excellent advice so far!


 


I have an automatic payment set up for the loan. It will come out starting the first of this month. Should I see about cancelling this with my bank - or am I breaking the law? (I did agree at the time)

Expert:  Leon replied 2 years ago.
Good Evening,

I would trying cancel the direct debit by talking to your bank.

It is a breach of the agreement you signed, but if they choose to see you for that breach what we have discussed earlier is going to be your defence.

You would argue that the contract you entered into was not what you believed and that when you asked about termination you were not advised about cooling off period.

He would also rely on the letter you are going to write them seeking to terminate the agreement on the basis of their false and misleading actions.

You can always reinstate the payments if need be in the future.

Your aim at the moment is to have the contract cancelled and keep on the point of them having misled you into signing an agreement.

I hope this is of assistance. If you have any other questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.


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BEc Dip Ed, Dip Law (SAB) MTax (UNSW)