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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll