header-logo header-logo

01 February 2018 / David Partington
Issue: 7779 / Categories: Features , Commercial
printer mail-detail

When timeshares turn to nightmares

nlj_7779_partington

Timeshare contracts can trap the unawares into lengthy commitments. David Partington presents some innovative means of escape

  • Raises potential ways to tackle timeshare contracts under the Unfair Terms in Consumer Contracts Regulations 1999.
  • Introduces the idea of proceeding against lenders who finance such contracts under s 140A of the Consumer Credit Act 1974.

This is a brief introduction to what is a hugely complex topic, defending liability or seeking redress in respect of timeshare contracts. Before I do that, I need to explain two matters. One is the central ‘mischief’ of timeshare contracts. The second is the structure of such contracts.

The central mischief is that clients find themselves bound to very long contractual obligations with no express ‘exit’ provisions, although there are various policies which some companies say they operate in cases of extreme hardship, old age (say 75 years) or death. At the same time the client is bound to pay an annual management fee in the nature of a service charge, whether or not they are able to access the scheme,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll