To obtain a full/part refund you will also have to exercise your right to unwind the contract not more than 90 days from when you received the goods or the service started.

This is on the provision that any goods supplied to you are made available by the trader. In the case of timeshare products this could be extended for 12 months or when you maintenance fees are due again.

In the event that those fees increase and those increases were not expressly represented to you, then again you might have a claim

It’s important to note that if you took out finance to pay for the timeshare product that was made as a result of misleading or aggressive selling; you can get out of the contract and recoup anything that you have paid from the financier.

A right to a discount on the price paid

You will be able to seek a discount in respect of past or future payments due under a timeshare contract.

The new regulations entitle you to a 25%, 50%, 75% or 100% discount on the payments depending on whether the trader’s breach is considered to be minor, significant, serious or very serious.

When considering this, all consumers should appreciate that the costs of court action. When conducting this exercise also consider the fact that it will cost your opponent about the same to defend the action you bring. All you have to do in this event is to prove a small infraction and your opponents will be on the hook for you entire legal costs.

This being a very real position, it could be considered wise by the trader to capitulate with you at an early stage to offset the possible adverse liability they could incur.

The level of seriousness of the trader’s actions will depend on their behaviour, the impact this has had a consumer and how long it has been since you signed the contract.

An Entitlement to seek Damages

If you incur a financial loss that you wouldn’t have done if it weren’t for the trader’s actions/ in-action, you will be allowed to make a claim for damages.

The Act is so far reaching you can also make a claim if you have suffered alarm, distress, physical inconvenience or discomfort as a result of the trader’s actions/ inactions and as a consequence of the mis-adventure.

Be aware that these regulations give the trader a defence to a claim for damages in certain circumstance, for example if they can demonstrate that their actions were accidental, due to a mistake or factors outside their control. This is sometime exploited by the trader however the court look very seriously at these defences and will determined the defence in the light of the purpose and intent of the breaching party

For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk