QVC perpetual contract cancellation - QVC refuse to cancel even with CPA law being applicable.

I entered into an agreement with QVC (Quality Vacation Club ) in 2006 to the value of R30 000 (excluding monthly service charges and interest charged on the capital amount ). I settled this purchase amount. Additional to the purchase of the Club Units, the agreement includes the payment of membership fees. Annual Management/ Membership fees are raised in advance on the 1st of September for the following year, and are payable by the 30th of September of the year in which they are raised.

I enquired about the cancellation of my agreement with QVC and was questioned to the reason why I want to cancel. When I responded that the agreement became unaffordable I was told that, at the time of entering into the agreement, I indicated that I can afford the agreement (2006 vs 2018).

I was told that I can contact Unibroker to assist with selling this timeshare (and I'm even prepared to give it away) "In order to accommodate the growing market for resale of shared vacation ownership, the agency Unibroker is available to our members. This resale agency is an accredited member of VOASA (Vacation Ownership Association of South Africa) and therefore upholds the standards of the VOASA Code of Conduct. Unibroker specializes in facilitating resale agreements that ensure the best possible offer and peace of mind. An experienced team of brokers will guide you through the particulars surrounding resale of vacation ownership whilst making sure that you are satisfied with your resale experience." HOWEVER, they do not find a buyer or advertise - Once I find an interested party, then they will assist with the owner transfer.

As per Just answer. South Africa Law, even though I entered into the contract with QVC prior to the commencement of the Consumer Protection Act, section 14 of the Act will still be applicable in some respects. Section 14 of the Consumer Protection Act provides that consumer agreements may not exceed the maximum duration period that will be prescribed in the Regulations to the Act. The maximum period is presently set at two years. After the expiry of the two years, unless specifically cancelled or extended by the consumer, the contract will continue to be in operation on a month to month basis. This provides real protection to consumers as previously, some consumer agreements such as timeshare agreements, were effective for extensive periods or even in perpetuity. In other words, agreements that aim to bind the consumer for longer periods than two years, will by law come to an end after two years. What this means for contracts entered into prior to commencement of the Act, is that the two year period will have commenced on 1 April 2011, when that part of the Act commenced. In view of the fact that the National Credit Act is applicable to this contract, I will also lodge a complaint with the National Credit Regulator due to QVC unwillingness to, as per law, allow for the cancellation of the contract.