S75 claim enquiry

Swaleell_Geordie

Good afternoon, could you please give me some advice on the following, I am the owner of a timeshare in the Florida Keys which we use as a family every October. I pay the management/maintenance fee for my two weeks in March every year on my Santander Zero credit card. Last years payment was made on the 10/03/20 for my two weeks in October, unfortunately due to the Covid-19 pandemic & on uk government advice we were unable to use our timeshare this year. I have tried to correspond with the management company to resolve this matter but they won't budge on any refund or recompense and have just sent me the bill for this year's rental.. is it possible for me to make a claim on my credit card under S75 ? 
Your advice and assistance is appreciated .

TadleyBaggie

Your credit card company will not be liable under section 75, the maintenance/management fee has nothing to do with your ability to spend time at the resort.

eskbanker

Section 75 holds the credit card company equally as liable as the merchant in the event of breach of contract or misrepresentation (in the legal sense), so are you able to demonstrate either of these?

born_again

Do you have to pay extra for you 2 weeks holiday?
As management/maintenance fee's will have to be paid whether you are there or not, as they will be shared by all other users.

You can ask your CC co for their stance. Nothing is lost by trying.

jsmith9

The first thing you need to do it determine if you are liable for these fees. This can be done by looking at the specific terms and conditions you agreed to when you signed the Time Share contract.

Normally, with a Time Share, you are liable to pay the management etc fees every year in perpetuity whether you visit or not. This may or may not apply in your case.

If you are in fact liable then there is no point going to the credit card.

MEM62

You part own the property.  What makes you think that it does not need maintaining just because you cannot get to use it?   

Dickie2shoes

MEM62 said:

You part own the property.  What makes you think that it does not need maintaining just because you cannot get to use it?   

In my case the (UK) management company has repeatedly closed the entire site and furloughed all their staff other than a couple for security and accounts duties. It's debateable whether any maintenance has been done during the Lockdowns and I'm certain that much less than usual had been done by end of 2020.