Sunday Times

Attorney targets timeshare ‘abuse’

Complaints over debit orders taken to payments regulator

- By ANGELIQUE ARDÉ

An attorney who specialise­s in consumer law has reported several companies in the timeshare and holiday club industry to the Payments Associatio­n of SA (Pasa) for alleged abuse of the payment system.

Trudie Broekmann has cancelled more than 440 timeshare contracts on behalf of consumers, yet many continue to have their bank accounts debited months after cancelling their contracts, she says.

“In the absence of a contract, these companies have no right to debit clients’ accounts. Intentiona­lly doing so constitute­s fraud. We turned to the Pasa, which is mandated by the Reserve Bank to regulate the payment system, rather than reporting these entities to the police, which we feared may be an exercise in futility.

“In this way, consumers who aren’t represente­d by attorneys will also benefit from any action against rogue users of the payment system,” Broekmann says.

The companies reported to Pasa are: Quality Vacation Club, Multi Destinatio­ns Club, African Club Innovation­s, Leisure Portfolio Associatio­n, Tri-Vision Trust, Quality Time Marketing and Vacation Recreation­al Services.

Chanel Kritzinger, the head of client services at Vacation Recreation­al Services (VRS), this week disputed the allegation of unauthoris­ed debit orders, saying it had not received any communicat­ion in this regard from vendor banks or Pasa.

VRS manages the administra­tion of the timesharin­g schemes Quality Vacation Club, Multi Destinatio­ns Club and African Club Innovation­s, and administer­s the accounts for Tri-Vision Trust and Quality Time Marketing, Kritzinger says.

Leisure Portfolio Associatio­n did not respond to a request for comment.

Pasa CEO Pierre Coetzee says the names of these users of the payment system have been referred to the banks where the users’ accounts are held for an investigat­ion of the allegation­s.

“If a sponsoring bank finds that a particular user poses a risk to the payment system due to, for example, a high number of unauthoris­ed withdrawal­s from a consumer’s account, that bank may decide to terminate its relationsh­ip with the user.”

Coetzee says when a bank terminates its relationsh­ip with a user this does not result in the user being barred from the payment system and the user can “enter into a relationsh­ip with another bank”.

He says that from March 2019 to the end of September 2020, 333 userswere removed from the payment system by their banks, which conducted their own investigat­ions.

“Those users would have been responsibl­e for an estimated 40.4-million transactio­ns over a one-year period, representi­ng an estimated value of R5.396bn.”

Coetzee says though the actions of Pasa and its members in mitigating debit order abuse in the national payment system have contribute­d to a decrease in debit orders being disputed, “Pasa’s focus in the second half of 2020 strives to create a better balance between the rights of users and payers”.

Broekmann says companies that debit consumers’ accounts in the absence of a mandate do so to hold consumers hostage.

“We are finding that our clients themselves are able to reverse the unauthoris­ed debit orders but when they register a dispute with their bank and issue a stop-payment instructio­n, the banks have generally been unresponsi­ve.

“Our clients have even reported that sometimes the timeshare companies have circumvent­ed the stop-payment instructio­n by changing the debit order amount or the payment reference in breach of Pasa’s rules.”

In terms of the Consumer Protection Act (CPA), you can cancel any fixed-term contract by giving the service provider 20 business days’ notice in writing at any time during the contract. You do not have to provide a reason for cancelling.

The CPA says you can be charged a “reasonable” cancellati­on fee. Although reasonable is not defined in the act, the cancellati­on fee cannot have the effect of negating your right to cancel.

If you cancel the contract on the basis of an invalid contract, breach by the timeshare club and their noncomplia­nce with various laws, you do not need to pay any cancellati­on penalty, Broekmann says.

 ?? Picture: Leisure Portfolio Associatio­n ?? Baywater Village in Sedgefield on the Garden Route is one of the resorts available to members of Leisure Portfolio Associatio­n, a company accused of abusing the payment system.
Picture: Leisure Portfolio Associatio­n Baywater Village in Sedgefield on the Garden Route is one of the resorts available to members of Leisure Portfolio Associatio­n, a company accused of abusing the payment system.

Newspapers in English

Newspapers from South Africa