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Timeshare FAQ’s

Our team of specialist timeshare solicitors regularly act on behalf of individuals in dispute with various timeshare resorts.

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What is Linder Myers’ success rate?

Each client’s circumstances are different, involving different facts and resorts, therefore we cannot comment on individual cases without carrying out an initial assessment. You should be reluctant to deal with anyone who promises success without giving full consideration to the circumstances and contractual documentation.

However, we can say that when we write to them, we have found that timeshare companies are increasingly willing to allow members to relinquish their memberships. This is perhaps due to a number of adverse judgments made against them in recent years. Even so, you may have to fulfil specific criteria and a resort will usually require all maintenance fees to be paid up to date. In some cases, they could even require a two year advance payment of maintenance fees to secure release.

I have been told that ‘in perpetuity’ contracts are illegal; does that mean my timeshare agreement is void?

Not necessarily, this will depend on which law governs the contract that you entered into. The Spanish Courts have ruled that any contract signed in perpetuity should be considered null and void.

This is however Spanish law, not English law. If your contract is not governed by Spanish law then there is no guarantee that your agreement will be considered to be illegal by any other jurisdiction.

Nonetheless, for the same reasons accepted by the Spanish courts, we argue that ‘in perpetuity’ clauses are in breach of unfair contract regulations for the purposes of English law. This is only one of a number of arguments we would usually put to the resort when seeking cancellation of a client’s membership.

Can you cancel my membership?

We write to timeshare companies setting out arguments relating to unfair contract terms and misrepresentation/mis-selling with a view to seeking the cancellation of timeshare membership.

We cannot guarantee that formal termination will be obtained as this will depend upon the response from the resort – they may either deny all the allegations or accept your termination.

However, it is our experience that more and more resorts are now willing to accept a member’s termination request.

What if the resort does not respond to the letter?

This is a common practice by resorts to avoid dealing with issues raised. In those circumstances, we provide specific advice about what to expect going forward and how to deal with a resort which fails to respond.

Can you cancel my finance agreement?

We can write to the finance company to seek a refund and/or the cancellation of your loan agreement. However, finance companies are unlikely to agree. They will deny any allegations and it is unlikely that you will obtain a refund unless you are prepared to issue Court proceedings.

When reviewing your case, we would usually consider whether in our opinion it is appropriate to seek a refund or cancellation of your loan agreement.

Can I stop making payment to the resort?

This is an issue which you should take legal advice on as it has some benefits (such as short term access to funds which would have been earmarked to pay maintenance fees) as well as a number of pitfalls.

To pay, or not to pay? Without specialist advice, it is likely that you will not know what the implications are. Depending on what decision you make, you could be pursued by the resort for the unpaid fees and even reduce the likelihood of succeeding in a claim against the resort.

Can I stop making payment to the finance company?

Finance companies tend to have a no tolerance approach to unpaid fees under credit agreements and the consequences of failing to pay can be wide-ranging. Withholding payment may mean that proceedings are issued against you and may also adversely affect your credit score.

If this is something you are considering, we would strongly suggest that you seek legal advice immediately before stopping payments so that you fully understand the consequences.

Can I make a claim for compensation if I have been mis-sold my timeshare?

Whilst many clients are happy to simply terminate their membership and end the ongoing obligations of timeshare ownership, some clients choose to seek compensation too. Assessment of the prospects of succeeding in a claim for compensation can be complex. Each case is different and the answer will depend on a number of factors including the law governing the contract, what if any allegations you have against the resort and/or finance company, what evidence you have to support them and whether the Defendant is able to pay.

We can provide tailored advice to ensure that you are fully informed about what to expect before bringing any proceedings against a resort or finance company.

I have been approached by a claims company who advise me that they can easily obtain a release from my membership and make a claim for compensation on my behalf but they want several thousands of pounds upfront – is this legitimate?

If you are cold called by a company claiming to be able to release you from your membership and obtain compensation and/or they can sell your points/weeks for you, our advice would be to put the phone down.

How could they know whether you can exit the timeshare or are eligible of compensation without having reviewed your specific contractual documentation and without taking complete instructions from you?

The timeshare industry is full of exit schemes which do not deliver what they promise but will leave you substantially out of pocket. You should conduct research about any company you feel you might want to instruct and in particular search for any complaints.

For further information about timeshare release, please do not hesitate to contact our Commercial Litigation team on 0800 042 0700 or email enquiries@lindermyers.co.uk


Find out more about our Dispute Resolution team
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