After help from ABC Legal, Mr & Mrs Kearney pursued and successfully won a total of £21,947 against Azure, Malta.
Their story below is an all too familiar one; the falsified comments made by the sales representative on the day of their purchase did not coincide with what ended up being in their contract. This was the main grounds for The Financial Ombudsman upholding their claim and forcing compensation to be paid to the client.
Mr & Mrs Kearney were approached whilst on holiday in February of 2008 and told that they had won a free holiday from a scratch card. In the October of 2008, they went ahead and used their free holiday, they were asked to attend a sales presentation with Azure Services Limited whilst there. During the presentation, Mr & Mrs Kearney were told that as well as using the proposed timeshare property for their future holidays, that it would also be an investment, so they would be able to make a profit it when they decided to sell it. The Kearney’s paid £6,400 for their timeshare via a bank transfer, and for around 4 years were happy and used it regularly.
In December of 2013 they decided to go and speak to one of the reps at Azure, while on their holiday and ask about selling their timeshare, the reason being was Mrs Kearny was awaiting on a hip replacement, and travelling was becoming rather difficult for her. They were told by their rep that they could try and sell their timeshare in 2015 once the resale department opened.
As they could no longer use their timeshare, Azure said they would rent the timeshare for them until 2015, and they joined the resale list. During this meeting the representative told them that a one bed in a platinum season would rent much better than their studio, so they traded in their timeshare and purchased the one bedroom. To be able to finance their second timeshare, Mr & Mrs Kearny took out a loan and their one bedroom was put up for rent. Azure paid Mr & Mrs Kearny a rental payment of £2,200 and gave them a free holiday, which the Kearney’s were able to use in the April of 2015.
Whilst on holiday in April, they went to speak with Azure again about the selling of their one bed, as the resales had now opened. During their meeting they were told that 2 studio apartments would sell a lot quicker that their one bed. The rep went on to explain to them that their one bed could sell for around £25,000 whereas two studio apartments would sell for around £17,000 each. As they could no longer use their timeshare they were desperate to sell and purchased 2 timeshare weeks in studio apartments. Mrs Kearney had to take out a loan to pay for these timeshares of £10,000. These were automatically placed on the resale list, as they never used it.
After 3 years, their timeshares still had not been sold and Azure then suggested they upgrade again to help the sale! Thankfully, they declined the offer.