In the event, a resort instigates Court proceedings to follow, the Civil Procedure Rules Pre-Action Conduct Rules (PDAC) applies to the dispute.
Resorts have a legal need to draw to the attention of consumers the PDAC which can be viewed at the link below:
Consumers have a need to understand that they have become embroiled in a multi-layered complex contract and should refer you in particular to Paragraph 4 of the PDAC concerning the Court’s powers to impose sanctions for failure to comply with the Pre-Action Protocol. Resorts are obliged to inform consumers and vice versa that a failure to respond to this pre-action letters will substantially increase their liability for costs.
Pre-Action Disclosure and Request for Further Information
All consumers have a need to have and have sight of the many contractual arrangements which underpin the timeshare contracts. Resorts should disclose any and all relevant information under their possession and control to you. Many do not comply and choose to harass consumers.
Pursuant to paragraph 2.2(4) of the Protocol TESS Client is entitled to seek from resorts copies of all documents relevant to any dispute.
Resorts are also obliged to provide pre-action disclosure of all relevant documents relevant to this dispute and provide our Clients with any Further Information we have requested.
If the resort fails to release our Client after the expiry of 60 days of our termination letter our Client reserve their right to make an application to the Court under Parts 18 and 31.16 of the Civil Procedure Rules and Section 52 of the County Courts Act 1984.