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Timeshare wars erupt between Beachcomber and Exit

Beachcomber International Resort Ltd has launched a $750,000 lawsuit, accusing a company of ‘enticing’ owners to exit their timeshare and stop paying fees.

The owners of Beachcomber a seeking a court mandated restraining order to stop the accused from making ‘enticement representations’.

The claim has been filed in Southport District Court against Exit Timeshare Now Pty Ltd (ETN), and its director Mark Allison.

Beachcomber alleges almost $130,000 in fees are yet to be paid by 76 timeshare owners since signing up with Exit Timeshare Now.

The claim states that on the ETN website the company makes ‘enticement representations’ including that their “Exit Timeshare team will get you out of your timeshare contract’. IT also claims it has a ‘100 per cent success rate ... we are experts in the field’.

It is alleged that ETN provides advice ‘to persons who seek, or have sought to extricate themselves from obligations to make financial contributions in respect of timeshare schemes’ and that each ETN contract specifies that defaulting owners were ‘not to pay any service or body corporate levies or other levies or payments that are payable by you to the timeshare operator or timeshare scheme’. 

The claim also alleges that Mr Allison and ETN were aware that timeshare members who defaulted on payments, were, in fact, obliged to pay levies and other associated fees but enticed them to breach their obligations anyway. 

According to Beachcomber, defaulting members have failed to pay approximately $22,000 in fees in 2018, $52,000 in 2019 and $55,000 this year. 

A defence against the claim is yet to be filed by Exit Timeshare.

 

 

Irit Jackson, 1st October 2020