Published May 23, 2019
Brexit should be seen as an opportunity and not a hindrance for those in the UK fighting disputes over unwanted timeshares says a Spanish legal expert. The claim comes from Adriana Stoyanova, a lawyer with Malaga based M1 Legal, specialists in timeshare contract law linked with the UK based European Consumer Claims Ltd.
“Brexit is most likely to affect disputes where one timeshare party is based in the UK and the other in an EU member state,” said Stoyanova. “Although it is still not clear what would happen if and when Brexit takes place, clients negotiating contracts with UK based companies would be well advised to agree on EU based instead of British jurisdiction.
“This enables them to benefit from EU laws regarding the recognition and enforcement of judgements in civil and commercial matters and judicial assistance in document delivery and taking of evidence.”
For example, so far in 2019 M1 Legal has secured 22 victories on jurisdiction against timeshare company Club La Costa who appealed against Spanish court decisions to try and get the hearings in the UK. But the judge ruled the cases should be heard in Spain which is of greater benefit to UK clients. All 22 cases will be resolved by the Spanish courts.
Stoyanova said the harmonised EU regulations covering these matters will likely no longer be applicable to UK jurisdictions after Brexit and could lead to costly time consumption and even parallel proceedings and contradictory judgements.
“The practical steps that all parties involved in cross-border contracts will take into consideration include thinking carefully about potential dispute and enforcement issues, and adopting a 'conditional' dispute resolution clause that allows a degree of flexibility as the UK's position becomes clearer.
“This means to think about mediation and arbitration as an alternative,” added Stoyanova.
“It seems likely that arbitration will be less affected by Brexit, at least from a legal perspective. The legal framework supporting arbitration will remain unchanged, and the separate enforcement mechanisms available for arbitration may offer greater certainty and advantage in comparison to litigation.”
But she added that Brexit gives mediation the opportunity to reinvent itself for a number of reasons: faster than general litigation; cost effective - mediation will be much cheaper than general litigation; protective against legal costs (in the UK) when a valid offer to mediate is made; mediation is confidential, benefiting parties saving their good public image; balances the power; saves the relationships between businesses; it can negotiate payment plans which would keep businesses' cash flow healthy.
European Consumer Claims Ltd are the UK and Europe's leading experts in helping to release people from unwanted timeshare contracts and making claims for people to get their money back, assigning Spanish cases to their legal experts M1 Legal in Malaga.
In the picture: M1Legal lawyers Patricia Criado and Jaime González
Recently, M1 Legal attended a legal professional networking event which was held over 2 days creating great local and international brand awareness. They were situated side by side with leading Spanish law offices along with Law and higher education professionals from the UK. They happily answered questions from consumers and professionals throughout the two days educating people about timeshare claims.
The head office is located in Mijas Costa, southern Spain and we would love everyone to visit the M1 hub. However, in reality we know that this is often difficult for people to arrange so we have satellite offices across the UK for convenience.
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During the Timeshare sales boom of the 80s & 90s, potential buyers were lured in by the promise of affordable exotic holidays, flexible exchange programmes and the impression that Timeshare would be a valuable "investment".
In an industry with little or no regulation, high pressure sales tactics were rife and contract smallprint was often glossed over and explained away by sharp salespeople.
Many Timeshare buyers were therefore unaware that they were actually making significant, long term financial commitments on behalf of themselves and their families.
To find out how you can escape the Timeshare Trap please complete the short Timeshare Release Wizard now.
For many Timeshare owners, annual maintenance fees were barely considered token amounts in the early "honeymoon period" of ownership.
However, year-on-year increases imposed by the resorts over time now mean that the maintenance fees have risen to become substantial sums.
Owners are also facing the prospect of ongoing yearly fee increases and realising that they (and their families) are often committed to long term contracts for generations to come.
Please try our Future Fees Calculator to estimate your liabilities over the term of your Timeshare contract, based on an annual increase of 7.5%.
If you're concerned about rising fees and how to escape the Timeshare Trap, please contact us today.
Recent comments from RCI Timeshare owners who have come to us for help with contract cancellation:
“We 'swapped ‘another place in Tenerife for this in order to move to the points system. Since then, getting exchanges to desirable resorts proves almost impossible, irrespective of in-season or off-season.”
“I purchased my timeshare in 1999 and have been a timeshare member ever since. More often than not, I have not be able to go where I wanted and have ended up giving a few weeks to Friends, etc to book somewhere they wanted in order not to lose the weeks. I have then stayed in a hotel!! I am desperately trying to get rid of the timeshare and am now paying Timeshare Shop in Manchester to get rid of it for me.”