Legal bid over claims of missold holidays
HUNDREDS of people are poised to take a group legal action after signing up for holiday schemes through two Exeter companies.
Many parted with thousands of pounds after signing up to buy holiday club points or weeks on river boats which could then be converted into stays at timeshare resorts across the world.
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Brendon House, Marsh Barton, where Easy Save Finance and St Frances Marketing held holiday presentations. The premises were raided by Devon County Council's trading standards department earlier this year MATT AUSTIN EE081209_MA1_05
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Brendon House, Marsh Barton, where Easy Save Finance and St Frances Marketing held holiday presentations. The premises were raided by Devon County Council's trading standards department earlier this year MATT AUSTIN EE081209_MA1_02
Couples bought into schemes marketed by Easy Save Finance Ltd, which traded as Leisure Time Promotions, and St Frances Marketing Ltd, trading as Buena Viva, after being invited to holiday presentations.
But hundreds of complaints were made against the companies — including several to Exeter MP Ben Bradshaw — after people claimed they had been misled during the sales presentations.
Easy Save and St Frances operated from Brendon House, in Sigford Lane, Marsh Barton — premises which were raided by trading standards staff earlier this year. Easy Save went into voluntary liquidation in November, 2007 and St Frances in June this year.
But Devon County Council’s trading standards department has confirmed to the Echo that inquiries into the companies and several individuals associated with them are ongoing.
As previously reported in the Echo, Benny Goodman and his partner found themselves facing a debt of almost £13,000 after signing up to a holiday club scheme marketed by Leisure Time Promotions following a sales presentation in Exeter.
The couple, from Cornwall, were taken to court by a finance company after refusing to pay a loan taken out to pay for the scheme.
But a judge in the case at Truro County Court ruled in May that the couple had been misled by sales staff who had been guilty of “fraudulent misrepresentation”.
The judge also expressed concerns about what she called “a fairly pressurised sales technique” used at the presentation and quashed the loan, under the protections of consumer credit legislation.
The Echo has now learned that around 300 people who say they have also been left with hefty debts after signing up to the holiday schemes marketed by Leisure Time Promotions and Buena Viva are now preparing to take legal action to try to quash their loans.
They have formed a consumer group which is being led by Middlesex-based David Schneider.
Mr Schneider, an accountant with law qualifications, was approached for advice by several people who claim they were misled by the two companies.
He told the Echo that the group, which has registered with the Ministry of Justice as the Exeter Time Share Steering Group, is preparing to take action to quash loans taken out with two finance companies to pay for the holiday deals.
Mr Schneider said he believed there were thousands of people who may have been misled by Leisure Time Promotions and Buena Viva.
“We’re going to be looking to find as many people as possible in order to have the maximum possible number of people under our belt when we go forward,” he said.
“We believe there are around 2,500 people out there who have signed up to these and similar schemes.
“Some of them include senior police officers, a number of solicitors and even a judge. They are educated, professional people.
“In my view, the effects of the sales techniques that these companies used is incredible.”
Steve Gardiner, special investigations unit manager at Devon’s Trading Standards, said: “We carried out a number of warrants earlier in the year on the premises of St Frances and seized a substantial amount of paperwork and equipment. We have interviewed directors of St Frances and one or two other people who we regard as principals in their operations. This is a complex inquiry and our investigations are ongoing.”
Exeter MP Ben Bradshaw said: “I have received many letters of complaint from constituents and others who have found themselves in a very difficult situation.
“I have forwarded my concerns to trading standards, who have taken steps to warn people.
“My advice to others at this stage would be to avoid holiday clubs such as Buena Viva, and at the very least read contracts extremely carefully.”
In May last year, trading standards, which had received many complaints from customers unhappy with what was described in court as “pressurised sales techniques”, warned two directors of Easy Save Finance, Carol Small, of Ide Lane, Alphington, Exeter, and Marc Anthony Herbert, then of Barn Owl Close, Torquay, over the company’s conduct.
Ms Small and Mr Herbert gave an undertaking to trading standards that they would abide by the terms of the Misrepresentation Act 1967, and not induce customers to enter contracts by making false representations.
When contacted by the Echo, Mr Herbert, now living in Somerset, said: “I was connected with St Frances Marketing at one stage, but I’m not connected with that company any more. I am not in a position to comment.”
Ms Small declined to comment.
Both St Frances Marketing and Easy Save Finance are in liquidation. But their clients are now facing legal action from finance companies who wish to pursue unpaid loans taken out to pay for the holiday schemes.
Ms Small, a director and shareholder of both Easy Save and St Frances, is now a joint shareholder of another holiday marketing firm, The Short Break Company Ltd.
Short Break, which was registered as a company in June last year, has been offering potential customers a shared ownership of a yacht “which can be swapped for luxury holidays throughout the world”.
Representatives of Short Break have been asked to comment by the Echo, but the offer has been declined.
Steve Gardiner, of Devon’s Trading Standards, said: “We are aware of The Short Break Company Ltd, which has links to St Frances Marketing Ltd. We are aware that there have been complaints made to Consumer Direct by people about The Short Break Company.”
He said the directors of Leisure Time Promotions (a trading name of Easy Save Finance), Marc Herbert and Carol Small gave binding undertakings last year not to misrepresent their products to potential customers.
And added: “In a situation where consumers visit a sales presentation, they can feel pressured to sign up there and then.
“All of these holiday clubs, timeshares or pseudo timeshares are quite expensive and they are big commitments for someone to make. They need to be thought about carefully.”
Mr Schneider, who leads the action group, can be contacted by email at timesharesteeringgroup@gmail.com or by telephone on 0208 958 3372.







2 Comments
by OwnersAction
Tuesday, June 21 2011, 11:27AM
“Unfortunately, a great many people have suffered similar experiences to those cited in the article. Over the past 5 years International Timeshare Refund Action (ITRA) have discovered a pattern of abuse, deception and even fraudulent issues that have been systematically perpetrated by many of the major timeshare industry players to the detriment of owners.
With the support of its members and sponsors, ITRA have funded the investigation of these issues and are now pursuing the coordination of a claim to the courts on behalf of timeshare owners who can justify due cause for refund compensation, distress and damages on the grounds that their timeshare purchase was not of merchandisable quality. More info is available at itra.net”
by JON KERS, exeter
Monday, August 03 2009, 3:29PM
“DO PEOPLE NEVER LEARN ABOUT THESE "GREY AREA" HOLIDAYS, CHEAP ELECTRIC GOODS SO CALLED MUST BUY TODAY ONLY GOODS. FRANKLY I THINK PEOPLE HAVE ONLY THEMSELVES TO BLAME WHEN THE SO CALLED WONDERFUL OFFERS NEVER TURN OUT TO BE TRUE.GET OUT ABOUT A BIT MORE AND DON'T BE SO QUICK TO PART WITH YOUR MONEY.”