Timeshare termination “indemnity certificates”

Started by TimeshareTalk, September 24, 2019, 09:18:59

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Should you trust a company that claims it has disposed of your timeshare?

What if they issued an "indemnity certificate"?

Absolutely not. If you have paid any monies to such a company that claims to have disposed of your timeshare without providing a letter from your resort confirming this is false.

Regulated does not mean endorsed

Just as there was a large number of unethical, untrustworthy companies and individuals selling timeshares many years ago, and a few still exist today, there are now just as many companies and individuals issuing worthless "indemnity certificates" and claiming they have disposed of your timeshare. We have noticed that some of the companies offering these certificates have been granted temporary permission from the FCA as claims management companies so will be subject to FCA review if consumers are not satisfied. Just because a business may be FCA regulated it does not mean that the FCA endorses the services they provide.

What to look out for

Has the company that issued the certificate provided evidence that anything they have done has resulted in the termination of your timeshare? Many have simply issued a standard letter to your resort and then proclaimed that they have terminated your ownership. Please be aware that your membership and liabilities have not been removed until the timeshare resort formally acknowledges termination. In many cases, the timeshare resort, in particular, Club La Costa, may have stated that an owner can terminate a membership easily by contacting them directly and that this can be undertaken without incurring further costs.

An Umbrella that dissolves in the rain

Please be aware that many of these "indemnity certificates" describe the benefits they provide as "discretionary". The Discretion is that when you make a claim the benefits don't apply: it is like an umbrella that dissolves in rain.

Timeshare owners should also note that the issuing of such certificates could be considered by the FCA as a sale of an insurance product, for which the seller is potentially not regulated to sell.

What you can do

With effect from the 1st April 2019, all Claims Management Companies (CMC's) fell under the regulation of the Financial Conduct Authority (FCA), and that consumers can now bring claims against any CMC that they have used. If the dispute is not resolved a claim can be issued to The Financial Ombudsman Service (FOS).

We can assist you under a "no win no fee" agreement in pursuing a claim against any CMC which has misled you about the service that they would provide, where you have suffered a loss as a consequence. Alternatively, you could pursue the claim yourselves free of charge. 

This information has been taken from the website https://lincolngreenlaw.com

Lincon Green Solicitors a law firm who assist consumers with timeshare and timeshare related matters.


Are you talking about Praetorian legal and Mercantile claims by any chance?

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