With over 20 years’ experience in many aspects of law and litigation

01920 481 499

Contact Us

Widbury Barn, Widbury Hill, Ware

Hertfordshire SG12 7QE

Breaking News

Court dismisses Timeshare Appeals

A London court has dismissed Barclays’ and Clydesale’s judicial reviews looking to overturn findings by the Financial Ombudsman Service (the “FOS”) that timeshares were missold, in a decision that could impact hundreds of consumer complaints.

Judge Rules

High Court Judge Rowena Collins Rice ruled that banks including Barclays, Clydesdale and Shawbrook could not appeal their losses in two claims brought by two separate consumers, which were a representation of “hundreds” of complaints against so-called fractional ownership timeshare selling.
Three banks who fund these products, Barclays, Shawbrook and Clydesdale, appealed the Ombudsman’s decision, saying it had misinterpreted consumer law.
The companies selling timeshare products in these cases were Diamond Resorts (Europe) Ltd. and CLC Resort Developments Ltd.
But the High Court disagreed with the bank, saying in both cases the Ombudsman was within its rights in applying the law to the facts of the two specific cases and finding they had been misrepresented as investments.
Just because it was possible to sell [timeshare investments] without breaching Regulation 14(3) of the timeshare regulations doesn’t mean that’s what happened in practice, or in the present case,” the judge said. “And I still think that, on the balance of probabilities, the supplier actively relied on the [timeshare investment’s] potential to provide an investment return as a significant selling point in its presentation.”
“It was open to [the Ombudsman] to proceed to make an assessment as to whether the relationship between the banks and the consumers was made unfair because of the acts or omissions of the timeshare companies in the antecedent negotiations,” the judge said.
The judge agreed that the relationship between the banks and the consumer was, in fact, unfair.
We have been working on these types of cases for the best part of the last decade. This decision makes clear that the arguments we have put forward were correct.

If you have purchased a fractional timeshare product using finance and want to explore getting your money back, then please contact us today.

Sarah Waddington Solicitors

Sarah Waddington Solicitors do NOT work with any 3rd parties and are not working in partnership with any other companies. If you are told otherwise, please get as much detail as you can and forward it on to us. We will deal with it appropriately.

If you want any assistance please feel free to get in touch with us on 01924 601 097, or request a call back 

Finally, remember any genuine solicitor will be extremely careful to manage a client’s expectations. They will be honest and realistic with what could possibly be achieved in regard to your individual case. If someone claiming to be a lawyer or solicitor has been in contact, be sure to do your research and check if they are regulated by the SRA and if the individual is registered as a solicitor.

Request Call Back

  • This field is for validation purposes and should be left unchanged.
Widbury Barns, Widbury Hill, Ware, Hertfordshire, SG12 7QE