We are pleased to inform you of last weeks Spanish court victories.
Our legal team secured 8 substantive results with a total amount awarded of £185,361. Please see below a breakdown of these cases:
In the Club la Costa case, the nullity of the contract was determined by the lack of the information (property and when they could use it). £11,360 awarded.
Next, the Gran Canaria Court of Appeal turned down Anfi's appeal. The judgement was confirmed in our favour dictated in the first instance and condeming them in costs. £31,703 awarded.
This next victory is one of our oldest cases and was against Continental Resorts. It recognises double the amount for the payment made within the first three months and the nullity of the contracts. At the beginning, the Court of Appeal upheld the jursdiction issue and it was necessary to request the nullity of the proceedings which the legal team managed to obtain. This victory will be fundamental to future victories too. £55,000 awarded.
In a case against Silverpoint the nullity of the contract was determined by the lack of information regarding the property and when they could use it plus the contract period. The client is already part of the creditors list written in Silverpoint's liquidation. £44,758 awarded.
In the second Anfi case, the judge declared nullity of one contract but not the other so it is likely that this case will be appealed to maximize optimum payout. £16,600 awarded.
In the case against Club la Costa (CLC UK PLC Sucursal) this week, the nullity of the contract was determined by the lack of information regarding the property and when they could use it. £15,807 awarded.
The two final cases this week against Anfi amounted to £10,132 in awards.
In addition to these substantive victories we also obtained 8 Jurisdiction victories valued at £168,526. Seven were against CLC and one against Diamond Resorts. The defense challenged the cases being heard in Spanish jurisdiction. Six were initial jurisdiction victories, the other 2 were victories on an appeal. All eight cases will now proceed to the next step.
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.”