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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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We are members of Classic Holiday Club as Points Members. I

Customer Question

We are members of Classic Holiday Club as Points Members. I am sure you have seen all the complaints and "discussion" from the many stupid people , like us who got conned to join up. All we want to do is get out at the least cost possible, even if we can gift our membership to someone who may be able to use it. We have an outstanding amount of $1213.99 overdue and 33,000 "points" in stock (on payment). Our lifestyle does not allow any use of our membership. Some people may get some value.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Queensland
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not really. Just google all the complaints!
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Where are they based?

Customer: replied 3 months ago.
Classic Holidays are based at the Gold Coast. Following is a reply to my email to them. I checked out sales on various sites and found many similar Classic Holiday Points memberships for sale. Apparently they take at least three years to sell, if they ever sell!. I only need to know if there is any legal way of getting out of paying the current overdue balance, even if it means sacrificing any doubtful ownership value for $0. That is, giving it back to them in exchange for forgiving our debt.
Dear Mr and Mrs *****
We refer to your email below and advise that regrettably, we are unable to assist with cancellation of your membership as the Club does not operate a resale or redemption service, as noted in the Product Disclosure Statement (Section 7 – Risk Factors - Secondary Market). We note that a copy of the Product Disclosure Statement was provided to you when purchasing your membership and this document provides a full disclosure of the product you purchased, along with the benefits, obligations and risks of the membership. We also note you were provided with, and signed, a Members Declaration of Acknowledgement which acknowledged that you had an understanding of your ownership, and that you had received a copy of the relevant Product Disclosure Statement (“PDS”).
We do advise that options for selling include advertising your ownership privately – by speaking with your family and friends, advertising in local papers, on the internet, Trading Post, etc.
Regards
Leonie ***********| Resolution Officer
Classic Holidays (Est 1978)
classicholidays.com.au
07 5595 7579
Our charity of choice is 'Volunteering Gold Coast'
Click here for further information or to make a donation
From: Nick *****
Sent: Tuesday, 30 August 2016 12:12 PM
To: ***** *****
Subject: Cancel membership
Good morning,
Re:
Account ID: (###) ###-####
Mr N and Mrs M *****
PO Box 257
St George QLD 4487
As we haven’t used your services for many years and keep paying our account for no reason, we would like to simplify our lives and save money, so could you please cancel and our membership.
Thank you,
Kind regards,
Nick
--------------------------------------------------------
Nick *****
Expert:  Leon replied 3 months ago.

Do you have a copy of the agreement you entered? Can you email it to***@******.***

Customer: replied 2 months ago.
Already have sent the files. As you can see, they have referred a solicitor at the Gold Coast who is familiar with these deals, but I would prefer not to spend a fortune on lawyers as this would probably cost a lot. If you can help please let me know, otherwise I will just go with Gustafson Franke lawyers.
Expert:  Leon replied 2 months ago.

Good Morning.

I will look for the documents. I have not yet received them.