Timeshare agreements are becoming notorious for one thing and one thing only; its incredible amount of unfair terms. Often the timeshares continue for a lengthy period of time, the agreements say the only way to dispose of the timeshare is to sell it on to another unsuspecting victim and if you want to sue the timeshare company you have to cover the costs of commencing proceedings in Guernsey or Jersey.
Many people have succumbed to the often hard selling sales pitch that accompanies any company trying to sell “a once in a lifetime opportunity to invest in a timeshare scheme”. We recently represented a client on a pro bono basis who was being vigorously pursued by a Spanish timeshare company to pay the annual fees for a flat that she had not visited in over 30 years. Two Directors from the timeshare company who were based in the UK had commenced court proceedings against our client and were looking to recover the annual fee plus costs, interests, court fees etc. After reviewing the very onerous timeshare contract, we drafted and submitted a robust defence and further entered a counterclaim for the sums our client had paid over the years to the timeshare company. Final outcome – after negotiations with the other party’s solicitors, the Directors withdrew their claim and issued an apology to our client for the way she had been treated.
"I never thought I would ever see the back of that timeshare, I inherited it from my late husband and for the last few years I have been bombarded with telephone calls and letters from companies stating they will sell the timeshare for a fee. My late husband paid over £10,000 to various companies in order to try and dispose of the timeshare; in the end I couldn’t even give it away. When the timeshare company started proceedings against me I thought that was it I would have to concede and pay the annual fees for ever more. After one meeting with us, she took the entire burden off my 87 year old shoulders and on to hers. My only regret is that I wish that I had obtained her advice and assistance sooner."