The author has been a solicitor for 15 years, specialising exclusively in dispute resolution with a particular focus on dealing with complex contractual disputes.
Timeshare is hugely popular with UK consumers, indeed, some ‘500,000 British families own a timeshare, of which around 20% are in the UK, and British residents represent one third of all timeshare owners in Europe’. However, the contracts that underpin timeshare schemes are amongst the most complex. There are however strong arguments, in law, as to why these complex contracts should not be enforceable against consumers in perpetuity. One cannot look at these contracts in isolation, without considering the law applicable to consumer contracts, both in common law and UK and EU statute/regulations.
Clients purchased a timeshare from Heritage Resorts post 1998. They were no longer able to use their timeshare having been made redundant, equally, one client was in poor health. Because of these unfortunate circumstances they were experiencing severe financial hardship. This situation was exacerbated by the financial burden of escalating maintenance fees for their timeshare. They were hugely concerned about the implications of being unable to afford payments.
Negotiation with Heritage Resorts commenced, and the clients were relieved. Sometimes it’s as simple as that.