legal question?

[mlstilley]

legal: if a points type timeshare(El Cid) allows you to transfer to another system (RCI) can that system cancel the transferred points due to non payment of maintenance fees at the home resort?
please respond with facts not i heard or whatever facts only please and NO sales spiels at all thank you

 

[dioxide45]

If you want facts, you probably need to ask RCI or your resort this question.

 

[WorldT]

Your points from El Cid (or any other system) come from payment of maintenance fees. If you don't pay, there are no points to send to RCI or anywhere.

If you want the details, here it is:
When you request to deposit your points with RCI, RCI will call the resort to confirm if the points are available. When the call, the resort will say there are no points because MF have not been paid. RCI will cancel the request you made and refer you to the resort. That is how is works with II too.

Think about it, if everyone can get points without paying the MF, then the resort will cease to exist.

Legally speaking: you don't own something if you don't pay for it. You can't deposit points into RCI if you don't own any points to deposit.

 

[moonstone]

Your points from El Cid (or any other system) come from payment of maintenance fees. If you don't pay, there are no points to send to RCI or anywhere.

If you want the details, here it is:
When you request to deposit your points with RCI, RCI will call the resort to confirm if the points are available. When the call, the resort will say there are no points because MF have not been paid. RCI will cancel the request you made and refer you to the resort. That is how is works with II too.

Think about it, if everyone can get points without paying the MF, then the resort will cease to exist.

Legally speaking: you don't own something if you don't pay for it. You can't deposit points into RCI if you don't own any points to deposit.

But what if the points are issued EOY or ETY (every 3rd year). For instance, we are given all of our points May 31st of every odd year, but pay our maintenance fees (1/2 of total) every Dec.31st. So say we pay the maintenance on Dec. 31st, get all our points the following May 31st, then if we dont pay the other half of the maintenance fees the following Dec. we are in effect getting all those points for 1/2 price. If we were to use all our allotment during the first year they were issued, then RCI or the resort can not take back 1/2 of them. Not that we would do that but I am curious as to what would happen.


~Diane

 

[WorldT]

I have an every third year and I pay 1/3 of the MF every year. I also get 1/3 of the points every year directly deposited in my RCI account.
If you own something that you pay only partial MF but get the full points and the resort or RCI does not have a way of collecting the remaining MF, that is not good.
In the OP's case, looks like there is a mechanism to block the use of such points (whether it is an annual or EOY) unit.

 

[RX8]

...and NO sales spiels at all thank you

The only sales spiels at TUG that you might expect might be about girl scout cookies.

 

[easyrider]

legal: if a points type timeshare(El Cid) allows you to transfer to another system (RCI) can that system cancel the transferred points due to non payment of maintenance fees at the home resort?
please respond with facts not i heard or whatever facts only please and NO sales spiels at all thank you

Yes, if your account has a delinquency your exchange is not valid.

Bill

 

[mlstilley]

ok so here is a bit more specifics Maintenance fees where up to date transferred 155k points to RCI then paid RCI another cant remember to extend those points on their system for another year. some time during the current points year maintenance on my home resort became in arrears during said that year when trying to log onto RCI could not called them they informed me the account was closed due to non payment of current years maintenance fees at EL CID... WTF those points where transferred to RCI and paid for during such time as as I was current at EL Cid kind of like if you had an insurance claim from 1 company then 2nd party had agreed to pay such claim then said we cant do that because you changed insurance companies or canceled the policy from the 1st company

 

[easyrider]

ok so here is a bit more specifics Maintenance fees where up to date transferred 155k points to RCI then paid RCI another cant remember to extend those points on their system for another year. some time during the current points year maintenance on my home resort became in arrears during said that year when trying to log onto RCI could not called them they informed me the account was closed due to non payment of current years maintenance fees at EL CID... WTF those points where transferred to RCI and paid for during such time as as I was current at EL Cid kind of like if you had an insurance claim from 1 company then 2nd party had agreed to pay such claim then said we cant do that because you changed insurance companies or canceled the policy from the 1st company

You have nothing to give to RCI when you haven't a resort that will place your points into RCI . You should have used your points while you had a valid resort membership.

Bill

 

[andre10056]

ok so here is a bit more specifics Maintenance fees where up to date transferred 155k points to RCI then paid RCI another cant remember to extend those points on their system for another year. some time during the current points year maintenance on my home resort became in arrears during said that year when trying to log onto RCI could not called them they informed me the account was closed due to non payment of current years maintenance fees at EL CID... WTF those points where transferred to RCI and paid for during such time as as I was current at EL Cid kind of like if you had an insurance claim from 1 company then 2nd party had agreed to pay such claim then said we cant do that because you changed insurance companies or canceled the policy from the 1st company

I agree with you. As I understand it, during a PRIOR year, you were all paid up with El Cid. That year, you transferred 155,000 points to RCI. And then thereafter extended your deposit for another year (or whatever time period) via paying RCI a fee.

Now you're not paid up with this year's El Cid MF. My first question is, "How would RCI even have known that"? A past year's deposit has nothing to do with this year's MF. So there was no reason for an inquiry such that RCI would have called the resort (which they certainly did when you first deposited your points). UNLESS....El Cid pays for your annual RCI account via your maintenance fees. In which case the RCI account would have closed and your points would have gone Poof!

El Cid paying for your annual RCI account is the only way that I can see RCI having been informed. If YOU, on the other hand, were paid up on your own RCI account, I see no justification for you to have lost the points you paid for multiple times during prior years.

All I can say, however, is that I recently cancelled my RCI account. I had paid for multiple years and even a couple of years upgrade to Platinum. I asked if I could get all my prepaid money back and they sent me 100% of what hadn't been used. I had become very unimpressed (trying to be diplomatic) with RCI.

 

[RX8]

Do your maintenance fees include a “free” membership to RCI? If so, did your RCI membership then get cancelled when the maintenance fees went into arrears?

Edited: I now see that @andre10056 questioned this already.