We are pleased to inform you of last weeks Spanish court victories where our legal team secured 11 results with a total amount awarded of £236,963. Please see below a breakdown of these substantial cases:
The first victory was against Silverpoint where the nullity of the contract was determined by the lack of information it contained on the property and when they could use it. The client is already part of Silverpoint's creditors list. £29,646 awarded.
Next to report on, is a case against Diamond Resorts. The nullity of the contract was also determined by the lack of information (property and when they could use it). £32,670 awarded.
Third is a case against Explotacion Hotelera (Royal Park Albatros). In this instance, the nullity of the contract was determined by the lack of information too (property and when they could use it). £14,856 awarded.
In a case against CLC UK PLC the nullity of the contract was determined by the lack of information (property and when they could use it). The client is already part of the list of creditors however the judge states the loan in this case is not null. £22,675 awarded.
In a CLC Paradise Trading case the Court of Appeal has ruled in our favour and denied all points of CLC's defense. They are condemned in costs and the client is already being presented in CLC's liquidation proceedings. £41,887 awarded.
In this next case, against CLC UK PLC Sucursal España, the client had informed us that their contract was terminated with CLC. We followed the procedure as CLC did not confirm that the contract was indeed terminated at the preliminary hearing and we won the claim. The nullity was determined by the lack of information (property and when they could use it). This case is also in CLC's liquidation proceedings. £12,424 awarded.
In the CLC UK PLC Sucursal España case the nullity of the contract was determined by the lack of information regarding the property and when they could use it. This judgement declares also the nullity of all ancillairy contracts which includes the loan and can send a letter to the bank. Client's credit is included in CLC's liquidation proceedings. £12,244 awarded.
In two more CLC UK PLC Sucursal España cases the nullity of the contracts was determined by the lack of information regarding the property and when they could use it. Both cases are included in the list of CLC's liquidation proceedings. Total awarded £36,572
In the final CLC Continental Resorts & CLC Sucursal case the nullity of the contract was determined by the lack of information regarding the property and when they could use it. This judgement also declares the nullity of the ancilliary which includes the loan and can send a letter to the bank. Client's credit is in CLC's liquidation proceedings. Total awarded £29,659 awarded.
There was also one further victory against Ecomar Continental (MGM Infiniti).
In addition to these substantive judgements, the legal team also obtained 2 jurisdiction victories valued at £51,508 altogether. Both were against CLC, the defense challenged the cases being heard in Spanish jurisdiction. Both were victories on an appeal and 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.”