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THE JUDGE; Come off it sunshine!

For two years, Ann and Iain Treherne dreamed of their first sunshine holiday in their Spanish timeshare.

But when they arrived on the Costa del Sol, they were told their week in the sun had been repossessed.


The couple paid pounds 2,000 in 1994 for the week at Miraflores. Ann's sister had a holiday in the apartment last year.

They had a membership certificate issued by Timeshare Trustees (International) Ltd, and their right to the apartment was listed by the holiday exchange network, RCI.

Yet Ann and Iain were "strangers" to the Miraflores Villa Owners Club.

The wrangle over week 22 in apartment 212a is littered with blunders.

Ann and Iain, from Edinburgh, paid pounds 2,000 to a timeshare resale firm, Holiday Bourse, which is now defunct.

Their ownership certificate, issued by the Isle of Man-based TTI, is countersigned four times on behalf of Miraflores.

Despite that, the resort say they had not been informed of the change of owner and their records were not updated.

So when requests to the previous owner for management fees went unanswered, Miraflores repossessed week 22.

Not only that - they sold it to a committee member. And the TTI issued ANOTHER membership certificate.

Ann Treherne said: "We were in touch with them before my sister went there. The records should have been updated at that time."

Until I got involved, Ann was getting nowhere.

Then a TTI spokesman admitted: "It appears we didn't contact Miraflores, and for that we apologise.

"We are prepared to accept part responsibility for some recompense."

And Miraflores Owners Club, though denying any liability, offered to replace the week.

Mrs Yvonne O'Toole told me: "We'll provide a complimentary week until we find a similar week to the one Mrs Treherne lost, and lodge a week with RCI so she has the opportunity to exchange.

"She has to pay the management fees as if she was a member, and hopefully it will not be too long before she is."

Ann thinks that offer should not be made to her but to the committee member who now has her week.

Mrs O'Toole said: "That would be a committee decision."

Time the owners' committee decided to give week 22 back to its RIGHTFUL owner!

Janet strikes back

Empire Stores upset customers when they wrote to people who hadn't ordered for more than five months or taken up special offers.

Janet White, 48, from Newmills, Fife, was furious to be warned: "We may have to consider removing you from our mailing list."

She told me: "I believe in paying for items before ordering more. I've dealt with them for years and found the letter offensive."

Empire's marketing director Andrew Hill has written a letter of apology to Janet - with a new catalogue.

But she said: "They won't get any more business from me."


I got an earnings arrestment for money I am due. However, the debtor is employed by his father, who is not being co-operative.

EARNINGS arrestment requires the employer to pay a sum according to a statutory table, as soon as practicable. An employer who fails to do this becomes liable for the amount he should have deducted. A solicitor can take action if necessary.

WE have bad neighbours and the police are called every other week. But we can't get the council to move them.

YOU could raise an action for interdict against them. But if they breached the interdict that would involve another court action. Pursue the council, who should have a tenancy agreement under which neighbours who cause a nuisance can be removed after due process.

I REMOVED my daughter from a private nursery school following some incidents. They are demanding pounds 85 in lieu of notice. Do I have to pay?

THEY may be entitled to damages unless you can prove the incidents amounted to a material breach of contract.

I GOT damages against a trader who carried out work at my home. Sheriff officers failed to collect, and say he has no worthwhile assets. Yet he's still working away.

IF you know his bank details, you could seek to arrest his account.
COPYRIGHT 1996 Scottish Daily Record & Sunday
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Copyright 1996 Gale, Cengage Learning. All rights reserved.

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Title Annotation:Features
Publication:Sunday Mail (Glasgow, Scotland)
Date:Sep 15, 1996
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