How long should one wait to hear from LEGAL Department regarding Transport issues?

[PKS44]

My last thread about my ongoing dispute with how DVC is assigned transportation costs at the Crescent Lake resorts can be found here:

Thread about DVC transportation

In that thread DVC's initial answer and my reply are included...since then I wrote to DVC on 12/27 asking for some sort of response to my reply- to which DVC wrote that they had turned the matter over to the LEGAL department and that they would be contacting me "DIRECTLY" and "SOON"--their words on 12/27--

I have yet to hear anything since then...

it is now 3 weeks later..have I given them enough time before I ask again?
How long should I wait for an answer from Legal?

(Serious replies, only--I have heard enough of the if you don't like it sell, etc...I intend to follow this issue through to a satisfactory conclusion---that is not necessarily one I will like but one that actually addresses my questions with more than the brush off and empty and unfulfilled promises I have received previously.)

 

[CarolMN]

IMHO, 3 weeks is plenty long to wait. - the person in legal could have at least called you, given you thier name and told you they were looking into it, but the answer would take some time, etc.

Do you have a name on the reply that said it was being turned over to legal? If so, my advice is to write/call that person back and ask for the contact in legal since you have not heard anything. If you don't have a name, I'd write to Jim Lewis and request the same.

Best wishes -

 

[ATCMickey]

PKS44

I agree with CarolMN about including Jim Lewis in the loop (assuming you have not already done so). Perhaps a message to Mr. Lewis that included the previous response you received (telling you it was being forwarded to legal) and ask for his assistance in gaining a response.

I would assume that when your information was forwarded to legal that most were out of the office for the holidays. It may be that they have only begun to look into the matter. Either way, including Mr. Lewis in the chain can only serve to reinforce that you are serious in your request for answers. Please let us know what response you receive as a result of your inquiry into the situation. I'm curious myself.

Best of luck,

ATCMickey

 

[fwm]

Actually, three weeks is not a long time. First, the holidays can delay things. Also, it may be reviewed in the finance group first and anyone in the legal department would have to confer with people about what is done and why and what has been done in the past. As there is no formal legal proceeding this is probably not at the top of the priority list. For this reason, and since the lawyers do not represent you, I would not expect any call to say they are looking into it unless they want information from you. That being said, a reminder or phone call to whoever you spoke with would be in order.

 

[dianeschlicht]

I have to agree, that if they truely ARE looking into it, it would take some time to come up with a definitive answer for you. BUT, it would also seem like good customer service (which Disney is supposed to be so good at) to achknowledge that it will take some time, or give you a ballpark figure of when to expect an answer.

 

[Doctor P]

I think this is a very complex issue with potentially wideranging implications. Frankly, I wouldn't be surprised if a definitive answer might not require OUTSIDE legal counsel. I'm not sure if you are right or wrong in your assertions, but I don't think an unreasonable time has yet passed to hear from legal counsel. I would follow up at about the 8 week mark, but I would also be patient as it may take quite a while to give an appropriate answer. I know it is frustrating but perhaps your wait will end up worth it to you.

 

[jarestel]

They say the wheels of justice grind slowly, PKS44, and you know who it is that's grinding those wheels... attorneys. In the legal world, 6 months is considered a fast turnaround. So you may have to be patient a while longer. Still, it doesn't hurt to call and remind them that you're still waiting.

Good luck!

 

[jctwizzer]

Just a WAG, but it doesn't sound like a legal issue....exactly what makes it a legal matter. Assuming there is an issue, it's a management thing and, like or not, we've all pretty much voluntarily ceded control of those types of things to the Disney organization----best you can hope for is boilerplate. And quite frankly, if it was me, that's what I'd give you. Bottom line, what are you going to do???? And be realistic.

 

[Doctor P]

The legal issue that was raised as I understand it (and without commenting on the merits) is whether DVC/DVD is in compliance with Florida timeshare law in terms of how transportation costs are allocated within, between, and among resort components.

 

[PBader]

I agree it will probably take awhile longer before you would receive any kind of an answer from them. But it would be nice to get something saying we are looking intoyour matter and estimate that we can ...........I understand your frustration and hopefully you will get an answer that you can understand and live with. It is very hard to completely understand when you are not privy to all of the facts. Good luck to you.
Paula

 

[Dean]

I'd contact them and give them another chance. If you are not successful, you have two additional immediate options before you go to a lawyer. One is to complain to the state, I believe I saw where the form for the complaint can be downloaded from the web. The other is DVC requires non binding arbitration before legal action, you could file for that as well.

 

[crisi]

Just a WAG, but it doesn't sound like a legal issue....exactly what makes it a legal matter. Assuming there is an issue, it's a management thing and, like or not, we've all pretty much voluntarily ceded control of those types of things to the Disney organization----best you can hope for is boilerplate. And quite frankly, if it was me, that's what I'd give you. Bottom line, what are you going to do???? And be realistic.

Florida timeshare law requires DVC to be a good steward for its members.

And realistically, he only needs two more people and its a class action suit. I suspect Disney will make a process change to how they allocate expenses rather than face a class action suit.

 

[Doctor P]

Not if they believe they are in the right and can get a judgment that won't allow the class to be certified. These things are complex and strategic.

 

[jctwizzer]

And realistically, he only needs two more people and its a class action suit[/QUOTE]

That may be, but he also needs a lawyer to pursue it. And, while "class action suit" has a nice ring to it, the dollars involved wouldn't tempt any lawyers I know. Which leaves him tilting windmills; or something.....JMHO

 

[CarolA]

And I am pretty sure that under the contract we signed... disputes go to arbitration not to the legal system. Maybe you can go to the courts afterwards, but that depends on the contract and my bets are on Disney having it well worded..

(Some things just aren't worth getting worked up about IMHO)

 

[eliza61]

[
it is now 3 weeks later..have I given them enough time before I ask again?
How long should I wait for an answer from Legal?

(Serious replies, only--I have heard enough of the if you don't like it sell, etc...I intend to follow this issue through to a satisfactory conclusion---that is not necessarily one I will like but one that actually addresses my questions with more than the brush off and empty and unfulfilled promises I have received previously.)[/QUOTE]

Hey PKSS,

I work in Coporate Law and unfortunately 3 weeks is not a long time in the world of the Legal department (especially since a major holiday dropped in the middle of that time). Remember that, Disney is a still a huge corporation, even though the are great at making us feel special. Not sure how you contacted their legal department but if you've sent a letter it may just now be making its way to the right department. While I know your concerns are very important, usually for most fortune 500 companies 6 months is the average turnaround time. Hang in there! As a previous post said "the wheels of justice turn extremely slow. Why do you think lawsuits hang around for years.
Sorry for the disappointing opinion

 

[PKS44]

Thanks all for the serious answers---

If it turns out that Disney has been inappropriately charging DVC members for stuff that is NOT timeshare expenses--ie cost shifting nontimeshare expenses onto members backs---I think that is a legal issue....

It is true that the amount of money to me is small--but the total money we are talking about is not inconsequential such that I would bet if you multiply the money by the number of members affected by the number of years they have been doing it "wrong" --it is enough to tempt a lawyer...

I was hoping that it would not be necessary to come to the lawyers--DISNEY is the one who has kicked to the LEGAL department...and while it is only 3 weeks since they TOLD me it went to legal --it is over 8 weeks since I wrote to them about this...when they actually passed it onto LEGAL is not clear....

Again--thanks, I did drop the DVC finance person a line asking for some sort of person to contact or timetable info and have not heard anything back so far....

 

[Dean]

And I am pretty sure that under the contract we signed... disputes go to arbitration not to the legal system. Maybe you can go to the courts afterwards, but that depends on the contract and my bets are on Disney having it well worded..

(Some things just aren't worth getting worked up about IMHO)

There is a requirement for non binding arbitration prior to a legal action. This does not apply to complaints through the state.

 

[JimC]

...If it turns out that Disney has been inappropriately charging DVC members for stuff that is NOT timeshare expenses--ie cost shifting nontimeshare expenses onto members backs---I think that is a legal issue......

Or it is an error in the allocations they set up originally and has never been thoroughly investigated.

I suspect since you raised "legality" in your response to Ms Healy's communication that may have something to do with it being kicked to legal. Now the question is how is Disney legal organized? Are they centralized in Burbank or decentralized into the operating units. If the former it may take a bit longer to get a response. My advice is to return to Ms Healy and ask for an update.

 

[fwm]

Thanks all for the serious answers---

If it turns out that Disney has been inappropriately charging DVC members for stuff that is NOT timeshare expenses--ie cost shifting nontimeshare expenses onto members backs---I think that is a legal issue....

It is true that the amount of money to me is small--but the total money we are talking about is not inconsequential such that I would bet if you multiply the money by the number of members affected by the number of years they have been doing it "wrong" --it is enough to tempt a lawyer...

I was hoping that it would not be necessary to come to the lawyers--DISNEY is the one who has kicked to the LEGAL department...and while it is only 3 weeks since they TOLD me it went to legal --it is over 8 weeks since I wrote to them about this...when they actually passed it onto LEGAL is not clear....

Again--thanks, I did drop the DVC finance person a line asking for some sort of person to contact or timetable info and have not heard anything back so far....

In reading your original email I understand your argument that BWV and BCV are charged differently. Unless I missed something I am not sure if I understand what you are suggesting the allocation should be. It almost sounds like BWV is charged correctly, but BCV is undercharged. I would think for busses that YC, BC and BW each pay 1/3 and BWV pay its share of the 1/3 relative to BWI and BCV pays it share of the 1/3 reltive to BC. Is this correct? Also, if you have not already, perhaps it would be usefule to explain to DVC what the allocation should be in addition to what is incorrect. It might resolve the matter more quickly.