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 Timeshare Consumers Association

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How to Cancel

The purchase of a timeshare or holiday club

and get your money back

If you signed:-

then click here

Otherwise

Continue reading the following advice because you are protected by the Timeshare Regulations 2010 and their equivalents in other EU countries.

A quick guide

You are entitled to cancel the purchase of a timeshare or holiday club within 14 days of signing.

If you are canceling a purchase which included a “linked” loan then it is ESSENTIAL that you also separately cancel the loan with the bank

The cancellation MUST be :-

  • in writing. A Recorded Delivery letter is strongly recommended although an Email will suffice. Do not attempt to hand deliver the cancellation
  • put in the post not late than day 14 – Day 1 is the day that you signed
You do not need to give a reason for the cancellation. Simply saying “We are canceling agreement number xxxxx signed on xxxx date” is sufficient.

Alternatively you can use the pro-forma cancellation notice (that the law required you be given) but this MUST be sent by Recorded Delivery.

If you have not been given a pro-forma cancellation notice then the cancellation period extends to one year and 14 days.

If you paid any money (which is illegal !) then you should demand that this be returned to you “forthwith”.

If you have any doubts about WHAT you have bought please read a full summary of the Timeshare Regulations here

If you encounter any problems making a cancellation please contact us .

Please read ALL  of this page before taking action – many situations are complex.

1. Your rights

1a. Other Rights under UK laws

In addition to the right that you have under the Timeshare Regulations 2010 described above you may also have other rights under UK laws

Doorstep regulations
            Distance Selling regulations
Trade Body "Code of Ethics"

1b  Purchase in non-EU countries

Each non-EU country has different laws, but those seeking to join the  EU  generally comply with the law for  purchases in EU countries.  Ask TCA about any updated information.  Also see here.

1c..  Rights under contract

In addition to whatever rights of cancellation  that you  have under statue law, you may also be given some rights by the seller in the contract..  However  you should be absolutely certain that these rights are in writing and totally unambiguous.   If you have any doubt about the wording check with a solicitor (or with TCA)

2.  How to cancel outside a cooling off period

In law, you may not have a right to cancel an agreement after the end of a cooling off period  (if a cooling off period existed) .   The seller may be entitled to take you to court to force you to complete the contract.

The main defences to a court action are:

If you do decide to cancel, and believe that you were told lies in order to get you to sign, then say that the reason for cancellation is due to " misrepresentation".

It is common for a seller to threaten legal action if you cancel outside a cooling off period.  But TCA have no knowledge of any action being taken by non-UK based companies and of very few actions having been taken by UK based companies against purchasers who canceled outside a cooling off period.

TCA advice is to totally ignore any correspondence from the seller – and certainly do not talk to them on the telephone – and only seek legal advice should you receive correspondence on a lawyers (solicitors) or debt collectors letterhead.

It is a good idea to make comprehensive notes of everything that you were told at the presentation in case you need to justify your claim of misrepresentation.

If you bought from an RDO member who did not provide (or disclose) a 14 day cooling off period, then please contact us.

3.  Getting your money back

3a.  Under the card companies voluntary "charge back" code

Irrespective of your statutory rights of cancellation, credit card companies operating VISA or Master card  will charge back your deposit in the following circumstances: Write to your card issuer,  briefly explaining the facts, enclosing asking them to “claw back” the money paid.

Some card companies/banks are more helpful than others. Some are especially unhelpful. If your card company denies responsibility, tell them that they have an obligation to claw back and, if they fail to do so, please tell us.

PERSISTENCE   may be needed!       People who refuse to take "No" for an answer often succeed at the second or third attempt. Your local Citizens Advice Bureau may be able to help you write the claim letter.

BUT please remember that recovering your money does not "get you off the contract" and the seller may have the right to take you to court - see item

3b.  Under the Consumer Credit Act 1974

If you have paid the full amount on the agreement, and paid by personal  credit card issued in the UK or with a "linked" loan, then you  may have rights under Section 75 the Consumer Credit Act 1974.  Full details are here

3c.  From the seller

Your chances of getting any money back from the seller are remote. But, if you can show that they broke a statute law, for example by taking a deposit when that is unlawful,  then you might be able to persuade them to pay up.

4. General advice

5.   Reporting to the relevant enforcement authorities

If you consider that you have been misled into a purchase then one of the government enforcement authorities may be able to help you.

In the UK, Trading Standards officers are responsible for traders complying with a number of consumer laws including the Timeshare Regulations, the Consumer Protection regulations, the Advertising Regulations (which also cover “oral” advertising), the “Doorstep” Regulations etc..  Trading Standards offices can also accept complaints about purchases made in any EU country - for handling by the Office of Fair Trading.

The UK office of the European Consumer Centres may be able to help resolve a problem. Their web site is www.ukecc.net and you can send them a message off their web site

You should write to or telephone  your local Trading Standards office (the address will usually be under your Local Authority) explaining what happened and why you think a law may have been broken.  The local Trading Standards officer will contact their counterpart in the area of the trader concerned if the trader is based outside his area.

If the Trading Standards officer considers that the police should be involved then he can advise you how  to make a report to the police. You can report what you consider to be a fraud, carried out anywhere in Europe, to your local Fraud Squad.

6.  Finally

If you have read all the way down to here and are still not sure what to do about canceling, please complete our Help Form - we will try to give you  helpful, practical, advice within a matter of hours.