TESS aided by JLCA & AS Lawyers and J Correa-Lawyer issues many Spanish Timeshare claims in Spain. In particular, TESS seeks compensation for timeshare consumers in the event consumers have been mis-sold unlawful timeshare contracts. In doing so, TESS obtains Litigation Funding for its clients, assesses the claims and prepares the many submissions to its chosen lawyers, so that the claims can be evaluated with respect to risk. When risk assessed and with advice from the Spanish lawyers funding is then canvassed and in 80 % of the cases, finance is obtained, leaving the consumers with a “no win no fee” claim. This protects consumers, whereby consumers are not at risk of paying the costs claims from the Lawyers.
Both of the Lay firms cited provide professional services, both nationally and internationally and do have a wide range of lawyers, allowing them to offer a multidisciplinary service with a high level of expertise.
Both are capable of providing consumers with legal assistance anywhere in Spain and they both collaborate with other lawyers throughout the Spain. A Consumer is not required to enter funding arrangements with TESS and can instruct the lawyers direct, however in doing so, they will be required to discharge the legal fees and take on board the risk of adverse costs. That said, if Consumer does pay the lawyers direct, they will receive all the litigation damages in full, and should they win their case.
The laws surrounding Timeshare in Spain have traditionally been something of a “mine-field” which has allowed unscrupulous firms to apply high pressures sales in selling a product, which simply does not live up to the expectations of the purchase.
There are countless numbers of people who have found themselves in this situation of buying unlawful timeshare contract only to find themselves in the position of engaging with fraudulent people claiming to be lawyers when not. Being a victim once is bad enough but being conned and then reconned, can make you feel like you are a habitual victim.
In Spain you need good representation, need a good English law firm to vet the Spanish Lawyer and assist in all the procedure which would deliver a successful claim, therefore this is where TESS fits in perfectly. A consumer should not resign themselves to simply terminate the contracts as on many occasions there are huge sums being awarded. This being now a fact, Timeshare resorts and seller are aware that they have a need to get these contracts back and today they are offering to take some timeshare contracts back off consumer, letting them escape the obligations, however in doing so, they are making consumer submit to clauses whereby they cannot pursue them for compensation in the future. Some consumer consent to this and in doing so they exchange their “quite enjoyment” of life for a definite termination. That said, many don’t and do pursue claims which in turn does on many occasions provide them with all their money back with punitive damages and interest.
The right to claim is due to very positive judgements in cases regarding Timeshare. Of late timeshare, cases have hit the courts and many supreme court rulings have followed. It’s now true to say that many consumers are winning their cases so its time to check if you have a viable case to claim. You can simply call TESS (its free) and we will let you know if your situations fit that of the many supreme court ruling. When given advice you can make your own mind and you are not required to use the services that TESS offers.
The Judgement of the Supreme Court 15/01/2015, by Resolution No. 830/2015 of Appeal of the Provincial Court of Barcelona.
This decision sets the Doctrine on timeshare contracts for real estate “Use of Property for Tourist Purpose” (Time Sharing): they said “We declare doctrine jurisprudence as follows: In the legal regime established by Law 42/1998, of 15th December, on the rights of timeshare real estate for tourist use, the lack of determination in the contract for accommodation for which it is object, determines the nullity of that contract, as provided in art. 1.7 in relation to art. 9.1.3 of the law”
Another Judgement of the Supreme Court of 15/1/2015, No. 564/2015, which resolves the Appeal of the Court of Las Palmas de Gran Canaria, clearly demonstrates the intention of the legislator (Spanish Parliament), by adapting the European Directive 94/47, relative to the Protection of Purchasers in respect to Time Sharing; they opted for the imposition of a detailed regulation of Property Right on another’s, and the admission of a season lease; so that the fraudulent legal business was worthy of sanction of “nullity” as clearly envisaged in art. 1.7 of the law 42/98.
The judgement of the Supreme Court confirms that of the Provincial Court of Las Palmas, provides that Nullity of Contracts, pursuant to art. 1.7 of Law 42/1998, condemning Anfi Sales SL (in particular) to repay all amounts they had received from the Claimant (Price Contracts, Maintenance Resort, etc. etc.) plus advances in duplicate.
These decisions mean that you can make legitimate claims. There can also be grounds to recover double the deposit, depending on how and when the deposit was paid. Any monies that were paid within 3 months of the purchase date can be claimed and doubled.
In addition, TESS can claim for Legal Costs and Legal Interest on the claim. We can also claim for all the monies paid in maintenance fees from the date of purchase to now. For example, if a client paid £10,000 for their timeshare in March 2005, paying the full amount in three months, then the client would actually be able to claim £20,000 plus the legal interest. The claim for maintenance payments would run from 2006 to 2015, and so if the annual amounts were 400 Euros per year, this would mean a claim of 400 Euros over 9 years, i.e., 3,600 Euros, again plus legal interest.”
Made simple with TESS
Posted on: 6th March 2017