Following last week’s news that the Financial Ombudsman Service (FOS) has made a final decision in a case involving Barclays Partner Finance (BPF), who funded the purchase of one of Club La Costa’s (CLC) mis-sold Fractional timeshare products to consumers, further details of that decision are now beginning to emerge.
It is clear from the decision, which can be found at Financial Ombudsman Service site, that one of the key reasons as to why the FOS found that the arrangement between the finance company and the consumer was unfair, was that the consumer had to pay a number of charges to the timeshare owner and, if they did not, they would lose the timeshare product completely.
The FOS found that the “forfeiting of….rights without compensation was disproportionate and unfair”. A similar case called Link Financial v. Wilson had been decided some time previously on the same point.
This decision from the FOS is very important for consumers. For those consumers who own a timeshare, regardless of who the timeshare resort is, the decision in this case would apply to them. If the constitution or contract contains a clause which would remove the consumer’s membership due to non-payment of fees or charges, then that clause is unfair.
Sarah Waddington Solicitors have been at the forefront of timeshare law and have worked tirelessly over the past seven years to gain compensation for the victims of mis-selling, including via the FOS. We are fully regulated by the SRA and we have the expertise to properly represent your interests in relation to your timeshare ownership.
If you purchased a timeshare product and want to discuss how you can benefit from this decision and escape paying yearly maintenance fees then do not hesitate contact us on firstname.lastname@example.org or 01924 601 097
Alternativly would like to know just how much compensation you could be owed, then try our free timeshare compensation calculator. The dedicated and experienced team at Sarah Waddington Solicitors are on hand to offer guidance and advice on what to do next so please get in touch if you have any questions or would like to book a free 30 minute consultation to discuss your case.