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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Legal team, I purchased a timeshare in July 2009 from club

Resolved Question:

Legal team,
I purchased a timeshare in July 2009 from club heritage international. I was told at the time that this was a yearly entitlement to 1 week at certain times of year. I was also told there was a minimal maintenance fee. The Cost was 6,185 pounds. I was told that if I wanted to sell the timeshare it would take up to a year to do this. Sadly I split from my partner and so my requirement for a fixed holiday time stopped in May 2010 and so I notified the sales team in Spain to advertise and sell my week. It took them sometime to reply to both email and written confirmation of this. Since then the contact I have received has only been to collect funds, ask if I want to use my week and detailed the financial climate as a reason they cannot sell my week.
I note they are still selling many other weeks and purchasing properties in Asia so I can not see how they justify not selling my week.
Do I have any grounds for challenging them over failure to sell? It has been 4 years I have never used the timeshare, ever. I also have paid yearly the maintenance fee. I have also stupidly possibly advertised th timeshare with a marketing company who said usual sale time is 6-12 months but 18 months has passed and I have merely being paying out more money with no sale.
Could you direct me to any bodies which may help? Can I complain to the travel and holiday ombudsman?
Your expert help would be much appreciated.
Many thanks,
Tom Clack
*****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether the 1 year selling timeline is a term of the contract or guarantee ?

Customer:

This was sadly verbal only, but during the 2hours of discussion at the resort whilst on holiday The gentleman showed us around the offices and sales team and showed figures that would be in keeping with a high turnover of weeks.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

Unless its a term of the contract or provided as a guarantee then it wont be a considered a term of the contract.

Alex Watts :

In my experience on this website sadly it is usually they cant sell the timeshare

Alex Watts :

There is simply too much capacity

Alex Watts :

That sadly means you are stuck for the duration of the contract which is usually for life

Alex Watts :

There are lots of people trying to get out of these and sadly they cant

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is there any scope to pursue a complaint even if this is not under a guarantee with some body e.g. travel ombudsman.

Alex Watts :

You can try but it is not likely to succeed I am afraid. There is no formal Ombudsman

Customer:

Thank you for your confirmation I have no where to go with this. You are correct in thinking that this was not the answer I was looking for. Well I best make sure I use it as often as possible. Many thanks

Alex Watts :

I am sorry. Is there anything else I can clarify for you?

Customer:

No that's all thanks

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