This is an interesting question as many contradictions are evident in the marketplace. Some claim the service is very expensive costing many thousands of pounds whilst another claim it is quite inexpensive. Essentially one must remove the macabre “Sales Marketers” from the genuine contract relinquish companies.
Firstly, each consumer must come to the decision whether to terminate the contract themselves it not for someone to sell litigation or legal adventures. If you are being sold a legal adventure, you are in the clutches of “Seller of Dreams”, “A sales Marketing Company” or Simply an ex-timeshare salesman peddling the second dip of your pockets. A consumer should never be sold a termination of any contract which was paid for and for which benefits could flow.
There are many avenues to explore before jumping into the law. Therefore, there are many routes to obtaining what you want and before jumping headlong into a dispute. Therefore, all routes should be fully explained to you and before you instruct a contract termination.
Once you have reached a decision to relinquish ownership and you want to this by terminating the contract you find onerous, you should test your decision with an independent advisor, so that your own understanding has merit. The consumer has a need to fully understand the consequences of what awaits them should they attempt to try and terminates a timeshare contract, as all is not as rosy as some seek to claim. If you want an end to an obligation you entered into, you certainly need to make the right decision this time, as you could end up spending many thousands and getting nowhere.
You must never act until you’re sure it is what you want. Many “Sales Marketers” will explain that the contract is onerous, that you have oppressed and an express need is evident you to terminate your contract. Some claim and in doing so you will win compensation. This is poppy-cock you might win your case but equally you might lose and should you lose then you could be the subject to adverse costs payments to your opponents and could still be in subjection to the contract you challenged. “Sales Marketers” will not tell you that, they will simply suggest that “winning” is a “guarantee” when it’s simply untrue. Nothing is guaranteed.
What you must realise is the contract which underpins your timeshare purchase must be challenged and your opponents can refuse to permit that cancellation. In such circumstances consequences, will flow from that challenge. We all have the right to stand by what we believe and as you have the right to challenge, your opponent has the right to defend. To say otherwise is simply foolishness.
At the initial stages in an attempted termination of a contract, you must hang your “hat” of good solid and well-grounded arguments. A “sales Marketers” cannot and do not work in the legal profession, the advice they offer is poor, adventurous and can end up becoming troublesome arguments which you later regret you ran.
You should never act or enter a legal adventure until you are sure you are doing what you want and are supported by someone who is legally wise in the issues which will be argued. Simply put, you need someone on your side who knows the issues, can argue the fundamentals and apply the law, again these issues cannot be fully addressed by an ex-timeshare salesman peddling legal dreams.
Therefore, in every circumstance, every consumer should seek to obtain independent and unfettered legal advice, which generally means making many calls, (so to weed out those who simply market the services of others or indeed themselves).
In respect to cost, it should not cost more than £1,000.00 plus vat (in fact TESS Charge £750.00 plus vat) and the service should include considering the documents, digesting the matter, considering the consequences with the client, authoring a letter before action and replying to a Respondent should the situations arise.
If someone suggests that it costs more than a £1,000.00, then, of course, your hackles should raise, as you might be speaking to a “Sales Marketing Company” or a Solicitor who is unfamiliar with timeshare contracts and want you to pay for his own education. The worst-case TESS has seen, is whereby someone was charge more than £80,000. When the “Sales Marketer” did charge over £80,000, they simply referred the case to some else and paid them just over £500.00.
Many have a propensity to claim, you need to pay many thousands of pounds which such is simply untrue. Some people can obtain a termination of the contract very easily and quickly, whilst other terminations can take a little longer. At all times, the initial phase should and can be operated on a fixed fee unless the case proceeds to court.
Another “tell” is if the engagement letter or contract with a legal representative contained a clause whereby you cannot terminate the agreements with the legal advisor. These clauses are unfair. In the case of TESS any consumer can terminate the contract at any stage, without giving a reason and any/all money not spent, will be returned within 14 days. No consumer can (in our opinion) be forced to take any advice which a consumer does not agree with. No consumer can “trot” into an unwanted adventure which could attract risk they did not want to take.
To bind a consumer to any contract whereby they are not happy with the advice is (in TESS’s opinion) immoral, unfair and wrong and is the practice of a “Selling Marketer”, not a legal professional.
If any party is over the age of 75, bankrupt or ill (which your doctor can assert prevent or frustrates your ability to enjoy the timeshare) You have a right to leave the contract. In these circumstances, TESS does not charge and will direct that you try and obtain a termination yourselves.
What can frustrate obtaining a termination of the contract is the forward consequences of bringing a claim for compensation.
Should you not wish to make a claim for compensation in the future, you should make the offer not to bring a claim in the future in a without prejudice offer. If offered, then your opponent can consider the benefits of the “walk away” in stark contrast to potentially facing a claim in the future.
It’s simply not true that all resorts engage in activities which prevent terminations of timeshare contracts. Many resorts do not have a wish to end a relationship on bad terms, however, might want something in return for the granting of the right to terminate. In all circumstances, you will need a legal professional, so that you do achieve what it is you desire.
Secondly, How can you tell you are dealing with a marketing company?
If you are “cold called”, the cold caller is operating unethical practices which are not embraced by the legal profession. Therefore, Consumers should be wary.
If you are induced by a glossy advertisement which displays many excitable claims of success, again you could be reading the literature of a Marketing company.
If you do not openly see the licence number of the legal representative, then again you are more than likely dealing with a marketer.
If they claim to have a lot of experience in the timeshare industry, then again they might be an ex-timeshare salesman and not a legal professional.
If they want to meet you at your own home, this can be a trigger for caution. Legal professionals generally want you to come and see them, as their charge out rates is disproportionate to make sale adventures of this kind.
If you are asked to pay over £1,000 plus vat, again you could be paying too much and therefore could find yourselves in the hands of a “Sales Marketer”.
If the company claims to have the best lawyers to hand and that you can only use them by being locked into their contracts, again this is poppycock, anyone can use the service of legal professionals. The only exception is if those professionals are in-house.
If you find the person you are meeting is making “guarantees” and lots of “definite’s” then again they might be selling and not be helping.
If the person you meet, is attempting to “rope you” into another product, then clearly they are selling another service which will cost a considerable amount of Money.
Posted on: 7th November 2016