Do I Qualify?

Timeshare Misrepresentations

 

Each year, countless people fall victim to unscrupulous ‘organisations’ who readily mis-sell Timeshare and/or Holiday Club Memberships. A combination of intimidating sales techniques and misleading descriptions of Timeshare benefits has resulted in a marked increase in victims, resulting in losses that can be tens of thousands of pounds for individuals. We estimate the overall market for mis-selling of Timeshare to be in the billions.

 

The common misrepresentations are:

 

  1. Timeshare was an investment that could be sold.

  2. Timeshares could be sold within one or two years perhaps with a profit.

  3. There would be no problem reselling.

  4. There was great demand for timeshares and a strong resale market.

  5. Timeshares could be rented to cover the cost of the loan and maintenance fees.

  6. The loan was short term and would be repaid in full from proceeds of sale.

  7. When the contract price was paid there would be no other fees.

 

If you feel that any of the above representations were made to you, WE CAN RELINQUISH your Timeshare and you may have a claim for compensation as well. Contact us NOW as TIME LIMITATIONS DO APPLY.

 

 

Was Finance OR a Credit Card used to Finance part or all of your Timeshare Products?

 

In order for you to possibly qualify for a Section 75 Claim or a Collective Action, one of the key questions is whether Finance was taken out or a Credit Card was used to part or wholly fund your Timeshare Purchase. If you purchased your Timeshare 100% from a debit card or personal savings you will not qualify.


Timeshare litigation can be a complicated area so if you are in any doubt whatsoever regarding the significance of this or require further clarification please do not hesitate to contact us immediately.

 

 

What is Timeshare? Is the product I bought covered?

 

A timeshare is any consumer product that enables the purchaser to use one or more places of overnight accommodation for more than one occupational period under a contract that lasts for more than one year.

 

Regulations also cover holiday products, which give the purchaser certain discounts or benefits in respect of accommodation under a contract that last for more than one year.  This would include, for example, holiday clubs offering discounted trips to resorts within the scheme, or points based systems.

 

After a boom in the 80s and 90s, with consumers seeking flexibility and diversity of travel, provisions were introduced to regulate the industry. These have been developed over time with the enactment of The Timeshare Act 1992 and the Timeshare Regulations 1997 respectively, which were latterly repealed by the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.

 

 

Typical Timeshare Experience

 

The common practice is for consumers to attend a sales presentation, perhaps having received a free holiday or other such inducement. This presentation was often lengthy and aimed to positively present timeshare as a lucrative investment opportunity, as well as an option for cheaper holidays. The consumer would then be presented with a contract to sign, and a deposit paid or finance agreed.

 

Unscrupulous companies have abused this system and undertaken pressurised and hard sell sales techniques, making false representations and promises about the timeshare. In addition, consumers have been forced to pay a deposit on the day of signing the contract and are not made aware of the statutory cooling-off period. A cooling-off period of 14 days is required under law. This means you would have had the right to cancel within 14 days and you should have been advised at the point of signing the contract how you could do this. Furthermore, if you paid for some or all of your Timeshare Product within 14 days of signing your contract this would have also been illegal.

 

Offshoot companies have also taken advantage of this misuse and have encouraged consumers to sell their timeshare through alleged “buyback” or “resale” schemes, which never materialise due to the absence of an active market.

 

If you feel that any of the above representations were made to you, WE CAN RELINQUISH your Timeshare and you may have a claim for compensation as well. Contact us NOW as TIME LIMITATIONS DO APPLY.

  

 

Do Points Qualify?

 

YES they can. ‘Points’ were marketed as a more flexible product than normal Timeshare. It was sold on the basis that you could exchange your ‘points’ for short stays, possibly a day or two that might include a long weekend, where a normal timeshare product only allowed you to exchange for complete weeks. ‘Points’ were also sold on the basis that you could decrease or increase the size of accommodation you needed, to meet changing requirements. 

 

In reality when the ‘points’ were presented for exchange, the individual was invariably told that they did not have enough ‘points’ and would need to upgrade their holding. In essence the ’points’ devalued sizeably year upon year. This of course would cost a sizeable amount of money to maintain the status quo and also management charges would increase dramatically. None of these issues would have been explained prior to the sale.

 

These ‘points’ systems were sold as an ‘in perpetuity’ contract which were deemed illegal by the Spanish Courts. This is when ‘fractions’ were created.

 

If you feel that any of the above representations were made to you, WE CAN RELINQUISH your Timeshare and you may have a claim for compensation as well. Contact us NOW as TIME LIMITATIONS DO APPLY.

 

 

Do Fractions Qualify?

 

YES they can. In essence, The Fractional Contract was invented to switch the ‘points’ owners into a product that was compliant in part (and therefore enforceable), with the Spanish High Court Rulings that declared ‘in perpetuity’ contracts illegal, and therefore unenforceable upon the Timeshare owner. 

 

One of the main selling tactics to switch owners from an unenforceable contract to an enforceable contract was to scare people by advising them that their existing ‘points’ contract was 'in perpetuity' and that the maintenance fees could be passed on to their children when they died. The salesman’s solution was to offer a ‘fractions’ product that did pretty much what ‘points’ did but the contract was limited to a maximum of 50 years only (in line with Spanish High Court Rulings).

 

As always there are other general misrepresentations made, such as the client is told that at the end of the contract the Fractions will be sold and they will receive their money back with maybe some profit. This statement is misleading as there is virtually no resale value almost across the entire board of Timeshare products.

 

If you feel that any of the above representations were made to you, WE CAN RELINQUISH your Timeshare and you may have a claim for compensation as well. Contact us NOW as TIME LIMITATIONS DO APPLY.

 

 

Time limitations

 

Time Limitations do apply. ‘The Statute of Limitation’ is six years from when an individual should have reasonably known that a fraud had been committed. This would definitely qualify if you had signed the contract within a six year period, however there is some flexibility within the ruling that would allow an ’extension’ if you could not have reasonably been aware of the fraud until sometime after the original contract had been signed. This as you might imagine is subjective and will need to be looked at carefully, however there are very good legal precedents and arguments that can be used in this area.

 

Once it has been established that your case is within the Statute of Limitation you will need to act to ‘stop the clock’. Unless your case has been ‘issued’ legally the clock will keep running and you therefore run the risk of 6 years expiring whilst you are arguing your case.

 

The good news is that we fully understand all these complex issues, however DO NOT sit back and HOPE that your case will be in date and receive compensation. Seek professional advice from Harrison Moorcroft, especially if you are conducting any other form of claim such as Section 75 claims where the ‘clock’ does not stop.

 
 
 
 
 
 
 

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Harrison Moorcroft Limited

Unit 3B City Business Centre,

Brighton Road,

Horsham,

West Sussex, RH13 5BB.

Telephone: 0800 684 8686
 

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