Timeshare in Perpetuity and the European Commission

Athena Law  discuss ‘in perpetuity’ timeshare contracts on Talkradio.

This week, Talkradio (Talkradio.co.uk) discussed the issue of timeshare contracts. In his regular consumer show “The Radio Hustle”, presenter Alexis Conran interviewed Athena Law co-founder, and specialist timeshare solicitor, Stephen Boyd about the difficulties faced by consumers trying to terminate long term timeshare and holiday club products.

The interview (starting at 13.50 mins) can be heard here – http://talkradio.co.uk/radio/listen-again/1460203200#

Unfortunately, for many Brits, the burden of trying to escape unwanted timeshare contracts is a stressful and costly reality.  On the show Stephen explained that there is hope for consumers who feel trapped and they can rely various consumer laws and regulations that are applicable to these contracts and which, if applied correctly, could be used to terminate a timeshare or long term holiday product without the need to pay exit companies extortionate fees or purchase alternative products which are sold as part of a promised exit strategy.

 

During the interview Stephen referred listeners to the Report of the European Commission on the Timeshare Directive 2008. The Report can be read in full here:

http://ec.europa.eu/justice/consumer-marketing/files/timeshare_report_2015.pdf

The report is certainly an interesting read, and the following can be taken from it:

  1. 70% of consumers surveyed did not feel that the contractual terms of the timeshare and/or long term holiday product had been adequately explained to them.
  2. 80% of consumers surveyed complained that they were being asked to pay money up front during the 14 day withdrawal period notwithstanding that the Directive absolutely prohibits taking such payments.
  3. 93% of consumers surveyed who tried to sell their timeshare or long term holiday product were unsuccessful.
  4. Perpetuity contract “could and should be challenged” under the Unfair Contract terms Directive.
  5. New products have emerged such as short term products and leisure credit schemes which “often seem designed to circumvent the Directive” and in particular there appears in relation to such products to be any requirement to give the consumer a 14 day cooling off period nor is there any prohibition against taking upfront payments.
  6. There should be greater effort by the authorities to put a stop to companies that seek to avoid the Directive or operate in a fraudulent manner.

Your specialist Timeshare Solicitor

Having represented hundreds of timeshare owners over the years, I have extensive experience helping to release clients from inherently unfair and unenforceable timeshare contracts, and bringing claims connected and/or arising from the sale of timeshare and similar products.

I have acted for clients in connection with contentious matters for over 15 years, and have frequently taken cases to the High Court and the Court of Appeal and represented consumers in Group Actions. With a network of barristers and lawyers in other jurisdictions I ensure that my client’s rights are robustly defended.

If you are trapped into a timeshare you no longer want or can afford, or are concerned about inheritance, or feel that you have been the subject of a resale and/or exit scam I offer a free, initial consultation to go over the details of your particular circumstances and advise you on whether your particular timeshare is capable of being terminated and if you have an entitlement to financial compensation either in the UK, Spain or any other Jurisdiction.

For a free, no obligation discussion to find out more about how Athena Law can help you, please do not hesitate to contact me directly for more information on 0161 839 8847 or by email at stephen.boyd@athlaw.co.uk.

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