I need some advice, serious problem (update 05/05/09)

[robinb]

I would not expect the DIS to jump into this. They've always been quite clear that their role was to provide a free service -- not to be the rental police or some kind of arbitration board to resolve disputes. It's important to keep in mind that the DIS mods give their own time to make these boards possible. I don't think it's realistic to expect them to police private transactions between DIS members.

But they have helped others in the past. I wouldn't have mentioned it otherwise. There shouldn't be any expectations, but it can't hurt to ask and if the mods don't have the time or the inclination to help then that's OK too.

 

[JimMIA]

But they have helped others in the past. I wouldn't have mentioned it otherwise. There shouldn't be any expectations, but it can't hurt to ask and if the mods don't have the time or the inclination to help then that's OK too.

Right...I'm familiar with that situation, but that was a very unusual set of circumstances.

 

[Deb & Bill]

I can't see Disney doing anything to help the unfortunate non-member. I think they want the name and other information of the member to hit him with commercial renting.

I'd just chalk this up to the hazards of renting a reservation from someone you don't know. Truly a sad situation, but something that could happen to anyone renting a reservation these days. Just look at the number of people who have their identity stolen.

 

[ldo]

Since he gave you a date you needed to travel by--that was probably when his points expired---assuming you gave a him several ranges of dates at non-peak times (not Thanksgiving, Christmas, etc.), there is no reason that he could not have checked and told you yes or no--esp. since he has the language in HIS contract that he will try to reschedule.
I would give DVC his name and your name and your original reservation through him. If DVC finds that those points were, in fact, rebooked or otherwise used--I hope that DVC reprimands him or something (I don't really know what they could do or would do).
The DVC owner could have avoiding this by stating that ALL transactions are final (and many DVCers do just that). It would not have helped you in the end--but at least you would have gone into it knowing that up front.

 

[JimMIA]

I can't see Disney doing anything to help the unfortunate non-member. I think they want the name and other information of the member to hit him with commercial renting.

I agree. If she gives them the info, he's on a naughty list, for sure.

A better tactic might be for the OP to PM the owner and tell him how interested DVC was in the rental, and how she declined their inquiries, but if he continues to ignore her requests, she might have to reconsider...

 

[JimMIA]

...but it can't hurt to ask and if the mods don't have the time or the inclination to help then that's OK too.

I'm sure if they declined, it wouldn't be because of time or lack of interest in helping.

It would more likely be because of their sense of the proper role of the DIS in situations like this. I think they feel (correctly) that these situations are not things the DIS should be getting in the middle of, as a general rule.

 

[drag n' fly]

To the OP. I am so sorry all of this has happened. We rented points for an upcoming trip before we purchased DVC in November. It is stressful when someone else is handling your reservation. I believe the renter did the best he could. The contract was too loopy IMO. What bothered me is his refusal to reply to your requests. This may have to be chalked up to a lesson learned not only for you but potential future renters.

 

[tor]

I would not think twice about turning over his name. He has had ample oppurtunity to respond and has chosen not to. DVC may be able to tell you if the points were re rented and when they expired.

 

[JimMIA]

DVC may be able to tell you if the points were re rented and when they expired.

I don't think that will happen unless she speaks to a total newbie MS person who just doesn't know any better. I can't imagine MS giving account information to anyone but the owner.

MS might, as Dean suggested, place a phone call to the member and tell them they'd received a complaint, but their intent would be more to rattle the owner than to help the OP.

And I think even that is a longshot. IMHO, the most likely response by MS is to just take the info and forward it to their legal people.

That's why I suggested OP advise the owner before contacting MS -- that's the only course of action I see helping the OP.

 

[dianeschlicht]

I agree. If she gives them the info, he's on a naughty list, for sure.

A better tactic might be for the OP to PM the owner and tell him how interested DVC was in the rental, and how she declined their inquiries, but if he continues to ignore her requests, she might have to reconsider...

I think this is the best tactic to take too. Perhaps this person she rented from is a new enough owner that he doesn't truly understand the ramifications. Since he doesn't seem to be inclined to return any communication with her, perhaps he will take notice if he thinks DVC will be sending this on to legal. On the other hand....DVC might not do ANYTHING with the info, but I'd have no problems giving that information to DVC.

 

[pyrxtc]

I give them the name and maybe even post it on the rent board as a warning wiht his name. It will not be defamation or slander sicne it is what happened. If he complains then he can take it up with you. I would also talk to a lawyer since he did have a contract with you and it said that he would reschedule or refund as long as it was more than 31 days out. You should be getting money back.

 

[bobbiwoz]

I wonder if the person is deceased, or severely ill, or undergoing some trauma in life.
I would go to MS with the name at this point.
Bobbi

 

[gblast123]

Hey everyone. I wanted to pop back on and give you an update so you wouldn't think I was rude. I never have gotten any sort of response. I took all of your suggestions and tried to contact him again. I sent a couple emails and then left two phone messages over the last months, evenly spaced out so he wouldn't think I was badgering him or something. Even if he couldn't re-rent the points, I just don't think a phone call, letter or email is out of the question. *sigh* I'm just so sad over this all. I know it's my fault that I had to cancel, 100%. I just wish there was someway to reschedule or get a portion of the $1000+ money back. I guess not and have learned my lesson. Thanks to all of you bright people for all of your wonderful advice and insight. One question though. Disney did request that I provide the owner's name and information. I have not done so. Should I? Or would that just seem spiteful? I don't want to make waves.

It would seem reasonable on your end to just file a small claims court action. It is usually a simple procedure.

I am assuming that you signed the contract where you live, thus you can file in your home town. He will then have to either get a lawyer or come to your home town to defend the action.

If you are successful, then you will get a judgment. Once that happens, you can file the judgment in Fla., and if he still does nothing, you can then put a lien against his DVC points. Just take it step by step...

BTW, which state do you live in?

 

[Deb & Bill]

I give them the name and maybe even post it on the rent board as a warning wiht his name. It will not be defamation or slander sicne it is what happened. If he complains then he can take it up with you. I would also talk to a lawyer since he did have a contract with you and it said that he would reschedule or refund as long as it was more than 31 days out. You should be getting money back.

\
Any names posted on these boards are removed by the Webmaster or moderators.

 

[robinb]

Originally Posted by pyrxtc
I give them the name and maybe even post it on the rent board as a warning wiht his name. It will not be defamation or slander sicne it is what happened. If he complains then he can take it up with you. I would also talk to a lawyer since he did have a contract with you and it said that he would reschedule or refund as long as it was more than 31 days out. You should be getting money back.

Any names posted on these boards are removed by the Webmaster or moderators.

And as much as I am sympathetic to the OP and I believe her we have also only heard one side of the story.

 

[SuzanneSLO]

It would seem reasonable on your end to just file a small claims court action. It is usually a simple procedure.

I am assuming that you signed the contract where you live, thus you can file in your home town. He will then have to either get a lawyer or come to your home town to defend the action.

If the OP does indeed live in Minnesota, then she may need to file a small claims court action in the state in which the other party to the contract -- DVC owner -- lives, not her own state. According to the website for the MN Conciliation (Small Claims) Court: "The person who starts a case in Conciliation Court is called the "plaintiff." The person against whom the claim is made is called the "defendant." Generally, the plaintiff must file the claim in the county where the defendant lives."

As a result, even taking the matter to Small Claims Court may prove to be difficult and expensive for the OP.

Best of luck to the OP -- Suzanne

 

[Lovemy3babes]

Hi again. I figured small claims court might be a hassle since we are so far apart (yes, I am in MN and he is in NH). It would also probably cost money that I just don't have at the moment. I'll have to chalk this one up to a dumb mistake on my part I think. I do plan on calling DVC member services this weekend though. Thanks for all of your advice. Oh, the last email I sent the owner, I provided a link to this thread so he could read or post. Just to be fair.

 

[dianeschlicht]

Hi again. I figured small claims court might be a hassle since we are so far apart (yes, I am in MN and he is in NH). It would also probably cost money that I just don't have at the moment. I'll have to chalk this one up to a dumb mistake on my part I think. I do plan on calling DVC member services this weekend though. Thanks for all of your advice. Oh, the last email I sent the owner, I provided a link to this thread so he could read or post. Just to be fair.

Remember that Memeber services is only open in the morning on Saturday and not on Sunday yet.

 

[toesmom]

Hi again. I figured small claims court might be a hassle since we are so far apart (yes, I am in MN and he is in NH). It would also probably cost money that I just don't have at the moment. I'll have to chalk this one up to a dumb mistake on my part I think. I do plan on calling DVC member services this weekend though. Thanks for all of your advice. Oh, the last email I sent the owner, I provided a link to this thread so he could read or post. Just to be fair.

I do hope this works out for you, but to be fair, this is the risk you take when trying to get a bargain compared to disney's prices for the same rooms. It's unfortunate that this DVC owner is not working with you too much, but I had experience just recently where I rented my unused points to someone and right before the cancellation allowed period, she cancelled. So luckily I could bank my points, but what if I couldn't? After that happened, I decided to not rent extra points because of people like that.

Should I have said no refunds at all? Probably. I needed extra points for August holiday and asked the DVC member renting points to me about cancellation policy and she didn't want to work any longer with me because she was worried I would back out. Fair enough.

In addition, member services is for DVC members only. You may have got a bad apple in the bunch, but that is part of the risk when you are trying to get a bargain. I hope the DVC member works something out with you.

 

[dianeschlicht]

Hi again. I figured small claims court might be a hassle since we are so far apart (yes, I am in MN and he is in NH). It would also probably cost money that I just don't have at the moment. I'll have to chalk this one up to a dumb mistake on my part I think. I do plan on calling DVC member services this weekend though. Thanks for all of your advice. Oh, the last email I sent the owner, I provided a link to this thread so he could read or post. Just to be fair.

Lovemy3babes, be sure you exhaust all reasonable efforts to get your trip reshceduled before you give up. If these points expire on 9/30 you will NOT be able to take a trip later than that time. Have you requested any specific dates with him? If not, I would advise you to do that first. If you don't get any response from him on that point, then proceed with other options. Has he responded AT ALL to any of your querries?