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Recent Victories

Club la Costa, Marriott & Anfi Successful Results

Club la Costa, Marriott & Anfi Successful Results

We are pleased to inform you of last week’s Spanish court victories.

M1 Legal secured 4 results with a total amount awarded £51,951.

1st Court of Instance:

  • Club la Costa Sucursal - The nullity of the contract was determined by the lack of information (property and when they could use it). £16,944 Awarded.
  • Marriott Vacation Club International (MVCI) – This hearing was held at Court No. 1 Marbella, Spain, condemning MVCI Holidays and Management for nullity due to the inability to determine the contract duration. Although this was a successful case, the interest accrued in the 14 day cooling-off period was rejected due to an error by the judge who stated that it is subject to the exercise of the termination which is completely wrong. She also upheld the counterclaim ordering the clients to pay €2,727 and to pay the costs, which makes no sense whatsoever as you can’t pay for something that the judge herself has declared null and void. The lawyer representing the case will appeal on both issues in an attempt to increase further the amount awarded and removal of the amount the clients are to pay. £16,200 awarded.

Appeals:

  • Anfi - The Appeal hearing was held at the Provincial Court of Santa Cruz de Tenerife. The appeal lodged by Anfi was dismissed and the judgement confirmed that the initial hearing at the first court instance still stands. The points to be highlighted are as follows: 1.Confirmation of the indeterminacy of the contractual object. (Sole ground of appeal.) 2.Respective order for costs. £24,097 awarded.
  • Club la Costa Continental - The Court of Appeal dismissed CLC's appeal following the initial judgement at the first court of instance in its entirety and ordered CLC to pay court costs. £11,654 awarded.

11 Jurisdiction victories valued at £187,534

M1 legal secured 11 jurisdiction victories last week, 9 of them were against CLC and 2 against Diamond Resorts. The defense challenged the cases being heard in Spanish jurisdiction. Six victories were the initial jurisdiction hearing, and five were victories on an appeal. All cases will now proceed to the next step.

About Timeshare Release

About Timeshare Release

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.

The Timeshare Trap

The timeshare trap

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.

Timeshare Owner Reports

Timeshare owner reports

Recent comments from RCI Timeshare owners who have come to us for help with contract cancellation:

Mr Steve R, Middlesex - RCI/Hollywood Mirage

“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.”

Mrs Rachael B, Yorkshire - RCI Europe

“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.”

Read more...