We know that many Seasons Holidays owners are confused, worried, and uncertain about what to do next.
The situation has become complicated, but the most important points can be made much simpler.
What we now know
- There is strong evidence of consumer detriment. This is no longer based simply on a handful of dissatisfied owners. KwikChex has gathered substantial evidence from Seasons owners, documents, sales materials, financial information and other sources.
- Many owners are reporting remarkably similar experiences. These include concerns about how products were sold, what was said about fractional ownership and financial benefits, rental returns, service charges, availability, maturity, property sales and exit options.
- Some problems are already happening, not merely predicted. These include delayed or uncertain Keys maturity payments; concerns surrounding Brunston Castle and Club Tahiti; Knocktopher Castle and Lake; Garden and Park Collections; very poor rental outcomes; and, in some cases, a negative balance, with Seasons claiming it is owed money rather than a rental payment being made to owners. There is widespread concern about difficulties obtaining desired availability and justifiable uncertainty about what happens when products reach the end of their stated term, with a growing number of owners being told not to expect any financial return, or a meaningful 16-year ‘free holiday’ extension.
- Transparency is a major issue. Owners have been asking legitimate questions about rental calculations, charges, property values and sales, maturity payments and other matters affecting their ownership and finances, and these crucial questions have not been sufficiently answered by Seasons.
- The evidence is becoming stronger as more owners come forward. Where people who purchased at different resorts, at different times and from different salespeople independently describe similar representations and experiences, this is highly significant as it indicates what is known as ‘systemic misconduct’.
- The issues have already attracted national media scrutiny. BBC’s Rip Off Britain investigated Seasons’ fractional-ownership sales, including allegations of investment-style representations. KwikChex provided evidence and assistance to that investigation.
You have rights
Owners should not assume that because something appears in a contract, Seasons automatically has the final word.
UK consumer law provides significant protections concerning misleading representations, omissions of important information, unfair commercial practices and potentially unfair contractual terms.
What was said before you signed can also matter. Sales presentations, brochures, handwritten notes, financial illustrations, emails and the recollections of owners can all potentially form part of the evidence.
Nor should owners feel intimidated simply because they disagree with Seasons, make a complaint, ask questions or seek independent advice.
Concerned about confidentiality?
We recognise that some owners are reluctant to speak openly because they are concerned about how Seasons may react.
KwikChex treats information provided by owners responsibly and confidentially. We do not simply pass an owner’s personal information or correspondence to Seasons because they have contacted us.
There may be circumstances in which an owner decides that information should be disclosed — for example, as part of a complaint, legal action, regulatory referral, or other attempt to obtain redress. That should be done as part of an appropriate process and with the owner understanding what is happening. These processes provide protection in themselves, because if Seasons attempts to intimidate people out of their legal rights, robust enforcement actions can be taken. In addition, you should consider how the couple featured on the BBC Rip Off Britain programme KwikChex arranged, weren’t penalised – they were paid a substantial sum by Seasons the day before the programme aired.
What we do advise is that you don’t get into confrontation with Seasons yourself. It is far better to let KwikChex have your concerns and get free advice on how to handle your situation.
Put simply, you can contact KwikChex and tell us what happened without committing yourself to taking action against Seasons and be protected if you decide to act through continued confidentiality and/or protective legislation.
What can owners do now?
Depending upon your circumstances, after you have had all possible information from KwikChex, you may decide to:
- continue using your ownership while keeping yourself informed;
- ask Seasons for information or clarification;
- preserve documents and evidence concerning what you were originally told;
- challenge charges, rental calculations or other matters that concern you;
- seek clarification about your maturity or exit position;
- make a formal complaint;
- explore whether you may have a claim for redress, either directly with Seasons and/or the trustees, or potentially via a claim under the Consumer Credit Act, if you took out a loan to purchase a Seasons product.
- provide evidence to KwikChex to contribute to the wider investigation;
- seek additional assistance if you do not feel comfortable dealing with the situation yourself.
There are several ways to seek assistance and, in some cases, representation, and KwikChex will be pleased to provide information on all available options so you can make a well-informed decision.
Do not discard old paperwork. Documents that may appear unimportant can become extremely valuable when compared with evidence supplied by other owners.
And if you are invited to a Seasons meeting about an upgrade, maturity, exit or a new product, you do not have to make an immediate decision. Take time to consider what you are being offered and obtain independent advice if necessary.
You do not have to decide everything now
This is particularly important.
Providing information to KwikChex does not mean that you have decided to bring a claim or take legal action.
Some owners will want to pursue matters vigorously. Others may simply want to understand their position. Some may want to wait and see what develops.
What you do about your own Seasons ownership remains your personal choice.
Our role is to help ensure that choice is an informed one.
A message from Chris Emmins, CEO of KwikChex
I fully understand why many Seasons owners are worried about what to do next.
Some have been Seasons customers for decades. Many originally had great holidays and never expected to find themselves in dispute with the company. Understandably, some are reluctant to challenge Seasons or are concerned about what might happen if they do.
What you decide to do is, and must remain, your choice.
But I also want owners to understand the position from KwikChex’s perspective.
We are determined that the evidence concerning consumer detriment is properly examined and that, wherever wrongdoing or unfairness is established, appropriate redress and justice are pursued.
We do not make guarantees about the outcome of individual cases. No responsible organisation should.
But we do have an excellent and independently verifiable track record of helping consumers obtain redress and bringing those responsible for serious wrongdoing to justice.
KwikChex has worked extensively with Trading Standards, police, regulators, lawyers and the media. Our work has supported both civil actions and criminal investigations and prosecutions. We have provided evidence and expert witness assistance, helping consumers recover money and resolve serious disputes.
That work resulted in KwikChex receiving a Chartered Trading Standards Institute Hero Award for our contribution to consumer protection and fraud prevention. Trading Standards specifically recognised our work in seeking justice and reducing consumer detriment, particularly within the timeshare sector.
Our work has also featured extensively in national and international media, including repeated appearances on the BBC, and, most recently, our support for the Rip Off Britain investigation into Seasons Holidays.
So, my message to Seasons owners is simple:
Whether you ultimately decide to take action is your decision.
KwikChex’s decision is that we will continue to gather evidence, support owners, and work with the appropriate authorities, legal professionals, and media to pursue the redress, accountability, and justice that the evidence warrants.
To seek clarity and ask any questions you may have, or to arrange a call, please email info@kwikchex.com.
