Monitoring of Legal Services – Consumer Problems – Time
Shares
The Scottish Legal Aid Board (SLAB) was given a role in monitoring the availability and
accessibility of legal services in the Legal Services (Scotland) Act 2010. Our role is to
ascertain whether people or organisations are experiencing systemic problems getting the
help they need from solicitors, whether paid for by legal aid or on a private basis.
This paper sets out data collected in relation to timeshares, and SLAB’s initial assessment for
the purposes of its monitoring duty.
Feedback will help us to develop our overall understanding of possible problems with access
to solicitors for contentious consumer matters in the area of timeshares.
Overall context for legal services and consumer issues
Figures from the Civil Module of the 2012/13 Scottish Crime and Justice Survey state that of
those respondents who experienced a civil problem within the previous 3 years, 10%
experienced problems with faulty goods or services: this makes problems with faulty goods
and services the second most prevalent civil problem reported in the survey.1 We assume this
category will include ‘goods and services’ generally, in addition to various specific consumer
sub-areas. We anticipate that problems regarding timeshares will be included within this
figure, forming a very small minority of the overall figure.
There appear to be around 600,000 timeshare owners in the UK,2 though it is unclear how
many of these are in Scotland. The peak of timeshare use in was in the 1980s: the use of this
kind of holiday arrangement has now declined, with reports that as many as one fifth of
owners are now trying to exit unwanted or unaffordable contracts3. There have been reports
of problems in the timeshare sector with owners being unable to arrange exit from timeshare
arrangements (including rogue traders targeting people attempting to sell);
misrepresentation and aggressive selling practices; and the resulting disputes in these
areas.4,5,6
Role of solicitor services
For consumer problems overall, we would expect solicitors to be involved mainly in complex
disputes which have reached court. Data from the Scottish Court Service suggests that very
few small claims cases that do not relate to debt are raised in the Sheriff Court.
1
Scottish Crime and Justice Survey 2012/13: Civil Module, p107
http://www.theyworkforyou.com/debates/?id=2013-06-03b.1351.0
3
http://www.thisismoney.co.uk/money/news/article-2720656/Fears-bigger-bills-timeshare-ownersstall-EUs-war-rogue-firms.html
4
ibid
5
http://conversation.which.co.uk/transport-travel/the-murky-world-of-timeshare-resale/
6
http://www.timeshare.org.uk/scams.php
2
The Scottish Legal Aid Board
1
Table 1: Non-debt small claims cases initiated in the Sheriff Court
Delivery /
Payment
Implement
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
52
67
75
40
74
41
72
19
77
15
93
20
We assume that the role of solicitors in this area is likely to be small, with solicitors involved
in only the most protracted disputes. Desk-based research did not find any Scottish firms
which claimed specific expertise in timeshare cases.
The extent of legal aid in timeshare cases is minimal, with only a very small handful of cases
mentioned in SLAB’s data covering the past 3 years. Only a handful of cases mentioning
timeshare issues were made in the last 3 years under SLAB’s ‘Breach of Contract’ and debt
codes: the total number of relevant advice and assistance intimations appears to be fewer
than 10 since 2010.7
The majority of legal advice on timeshare issues is likely to be provided by other types of
advice providers; notably specialists in consumer issues such as Citizens Advice Bureaux
(CABx), or local authority Trading Standards teams where available. Citizens Advice Scotland
data shows that there were 106 timeshare enquiries made to CABx in 2013-14.8
Industry-specific bodies, such as the Resort Development Organisation and TATOC (the UK
Timeshare Association) also provide assistance in this area, with their own specific dispute or
mediation services and consumer guidance. In 2014, the TATOC Consumer Helpline website
(UK-wide) received 600 visits per month in relation to cold-callers alone,9 of which only 2%
were complaints against timeshare products or services. It seems reasonable to conclude that
similar industry-specific resources form a much larger part of legal advice on timeshares than
solicitors and traditional legal services.
Geographic Coverage
The data we currently hold is not sufficient to enable us to make any comment on the
geographic availability of legal services in the area of timeshares or the availability of advice
more widely. We have received no information about specific instance of problems in this
area which suggest systemic access problems in relation to location.
7
Advice and assistance (A&A) helps pay for advice from a solicitor on any matter of Scots law, civil or
criminal – for example, to try to settle a dispute without going to court, or to advise on whether there
is a legal case to take forward. Civil legal aid helps pay for a solicitor to act in court. It covers the
preparation work, as well as the hearing itself, and can provide funding for advocates and experts if
needed. Only a solicitor can grant advice and assistance (make an ‘intimation’) or submit an
application for civil legal aid. Some people need only advice and assistance, others need only legal aid,
and some need both. Many people start the legal process with advice and assistance, and then move on
to legal aid. See http://www.slab.org.uk/public/civil/info/
8
CAS data provided to SLAB on new issues presented to CABx 2013-14. This figure does not include
subsequent contacts.
9
http://www.rciventures.com/tatoc-conference-2015-tatoc-consumer-helpline/
The Scottish Legal Aid Board
2
Overall summary of the availability and accessibility of legal services
As with the other sub-topics within the area of consumer problems, we assume that for
individuals seeking advice on timeshare issues, solicitors will play a relatively small role, with
consumers more likely to turn to publicly-funded agencies such as CABx, the Citizens Advice
consumer helpline, their local trading standards team for advice, or a relevant trade
association for assistance with resolution. Individuals’ use of privately-funded solicitors in this
area is likely to be minimal. We have received no reports of specific instances of problems
with access in this area. From the evidence available, our initial conclusion for this area is
that there is not a systemic problem with access to solicitor services, caused by issues with
availability.
Probability that a
systemic access
problem is
occurring
1 (low) –
5 (high)
Timeshares
1
Reports of actual
instances
of
problems
with
access
1 (no reports) –
5 (consistently
reported systemic
access problems)
1
Exposure
[Probability
Reports]
x
1–4 Green
5-14 Amber
15-25 Red
1
Questions

Do you have any additional data you would be willing to share with us regarding this
area, or are there any other sources of data we should look at?
 Are you aware of any specific instances where someone has not been able to find a
solicitor to deal with a timeshare problem when needed?
 Do you agree with our assessment that the role of solicitors (both legally-aided and
privately-funded) is likely to be minimal in this area?
o In particular, do you have any comments on the statement that the private
market is likely to be small, and advice sought primarily from publicly-funded
advice agencies?
 Do you have any suggestions for additional organisations which we may wish to
consult?
Consultees







TATOC (UK Timeshares Association)
Resort Development Organisation
Citizens Advice Scotland
Which?
Financial Ombudsman
Law Society Consumer Law sub-committee
SCOTSS (Society of Chief Officers of Trading Standards in Scotland)
The Scottish Legal Aid Board
3