Unilateral Termination??

[old wrinkly]

I have an in-perpetuity timeshare contract which I want to exit as due to my age I do not want to pass on this "debt" to my wife and descendants after my death. The timeshare is owned by a French company Clubhotel Multivacances so it's not a simple process to exit.

Having got "burnt" by one company who failed to deliver within their contracted time period and have not returned my fee (I have a Section 75 claim going with my credit card company) I have learnt the hard way that the whole timeshare exit services area is a nightmare with so many of the companies linked in some way or other and there are a lot of rogues about.

I have short listed 3 companies which seem on face value to be genuine...Select Resolutions Ltd -TESS (Timeshare Exit And Support Services) and possibly Athena Law (haven't contacted them yet) but I am still investigating all of them.

I have noticed that they all use the phrase "unilateral termination" when talking about the exit and I would be obliged if someone could explain what that means in plain English.

If anyone has any info on any of the three companies I have mentioned, or who knows a genuine exit services company I should consider I'd be glad to hear.

Thanks

[R0b]

Hello

Unilateral termination is where only a party to a contract terminates the agreement without having to seek consent from the other party(ies). It is also known as termination for convenience because a term of the contract allows you to terminate the agreement simply by giving a certain amount of notice.

I'm no expert on timeshare agreements so I can't add much to your main question of getting out of the contract, however, you definitely need to do your research.

For example, a quick check on Companies House (https://beta.companieshouse.gov.uk) for Select Resolutions Ltd shows that this company was only incorporated in 2016. Now that could be for a number of reasons but just something I should flag up.

As for Athena Law, I have heard of them in relation to timeshare claims and they are a firm of solicitors so you would be afforded some protection if you have a complaint because firms are heavily regulated and are able to make use of the Legal Ombudsman in certain circumstances.

My view would be to probably opt for a firm of solicitors who specialise in timeshare agreements because they will ultimately be aware of the relevant laws and regulations which means you may stand a better chance of succeeding in ending your timeshare agreement rather than a one man band like Select Resolutions Ltd. I should caveat that by saying you should also fully read any solicitors terms and conditions before engaging in any work being carried out. I know that timeshare mis-selling was happening some years bakc and they might be able to identify a particular claim which means you could be offered a no-win no fee agreement - again, be sure to read the terms and conditions and if unsure, question it (in writing so you can rely on it later down the line).

As always, you get what you pay for and in particularly you may wish to use your credit card to pay some or all of the fees so that you may be able to claim via your CC company under s.75.

[old wrinkly]

Thanks Rob, I more or less thought that was the case but it's nice to have it confirmed. .I haven't yet pursued with the people I mentioned what the situation would be if my timeshare company refused to accept the "unilateral termination", both say it is legal in the UK and France........but!!!

I am coming more and more to the conclusion that having a solicitor would be the best option but think TESS could be a useful bet, unless you tell me otherwise of course. As for solicitors only found two at the moment that seem to specialise in timeshare issues, that's Athena Law and Sarah Waddington Solicitors, here my be more and if anyone can offer any names that would be useful.

[R0b]

Well, you said the agreement was a perpetual so if it is truly perpetual then I wouldn't be sure how you could get out of it unless you had a good reason i.e. breach of contract.

I did a quick google and there's a few other solicitors which may be able to assist - Duncan Lewis are well known (click for link) as are TLW Solicitors (click for link) and perhaps a smaller outfit such as Buckles (click for link) which I've not heard of before.

You'll have to do your research but bear in mind, firms such as Duncan Lewis who have been recommended in the UK Chambers Guide or Legal 500 are likely to charge more money than a smaller firm who has 10-20 employees. Again, you get what you pay for really.

[old wrinkly]

Thanks Rob, have made a note of TLW Solicitors and Buckles and will contact them at the appropriate time.

[Frostguiding]

I find myself in a similar situation with the same company (Club Hotel Multi Vacances) Could you say if you had any success terminating your contract with them? And if so how? My parents have tried for 8 years to sell their timeshare. Following the death of my father my mother finds it very distressing, especially today when they finally replied to her letters - only to bill her 290€ for updating their records. I'd appreciate any advice.Thanks in advance