Mary bought a timeshare in 2013 and was told: – “the timeshare would deliver 5-star holidays, at a lower cost than normal and is an “investment” which would make her money in the future and when sold”.
The above assertions are commonplace and repeated by many timeshare owners. When Mary tried to resell the timeshare the promised “investment” never materialised, leaving her in debt. Despite the salesmen and indeed the resort asserting the product did have “investment” potential it didn’t, and they equally knew the asserted representation was untrue.
The simple explanation is that the salespeople involved in selling timeshare are generally self-employed and receive a commission for the selling the products, therefore, they are motivated to say whatever they want if it secures a sale. Those salespeople have a perceived need to excite you, to deliver what it is you want to hear in the hope that what is said changes your economic behave from being a disinterested buyer to that of a willing buyer.
That being so, salespeople tend to “lie” and or “over egg the pudding”. The truth is, when you bought, you did so “as a consumer” thus, are protected by statutory and implied rights. When being sold you have a right to believe what was being said, that the truth was being delivered accordingly, rights extend to you in that you can rely upon what was stated and when making your decision to buy the timeshare product. Should a statement or representation be untruthful and you did rely upon it, then you have the right to hold the seller top account and proceed with a compensation claim.
Apart from the discussions above, you equally are protected by rights granted to you by the UK, European and International Regulations and Laws. Many of the Regulations and Laws grant extra rights and should you buy any product. Upon investigation and if those rights have been avoided expressly or otherwise, which has caused your rights to be either denied or impaired, which has caused you a loss, then you have been mis-sold and damages ought to flow to you, should you make a claim.
To find out if you do have a claim you have a need to speak to a Lawyer, not a fake one but a real one who can listen, investigate and apply the rights you enjoy. should they conclude and agree with you that facts exist which supports your claim, then you might consider making that claim.
Therefore, it goes without saying, you have a need to visit with a regulated and/or licence Law Firm headed by an educated and knowledgeable Lawyer, not an ex-timeshare salesman masquerading as a Lawyer.
Should you elect to contact TESS, you will receive cogent, real and diligent advice and FREE OF CHARGE. When you have that advice, you should contemplate and consider it and decide on what you would like to do next.
You should not act until you are sure.
Many fake Lawyers assert you do have a claim and that extensive damages will flow to you and when the case wins. However, these statements should be regarded as a “traps” as they are designed to energise greed and with a view of getting you to pay them the legal costs, up front and for delivering your case court. In that “snare” the Lawyer makes money should you win or lose and you take the risk on the advice they delivered. If a Lawyer believes your case is “good” and has significant merit, then on a balance of probability you will win your case and they should back their own advice and take your case on a “no win no fee”.
That asserted should they not do so, you take the risk and the Lawyers is rewarded in any event. When dealing with TESS we have “skin in the game” back our clients and support them when they act on the advice we deliver.
In the alternative, you can pursue and fund the case yourself or have your TESS Lawyer arrange to fund for you.
Should you elect to fund, your case will be conducted on a “no win no fee” arrangement whereby a funder will supports you financially, paying all the legal costs associated with your advancing claim. This will ensure you are not left with a hefty legal bill should your case lose. The added benefits are, the funder could be liable to pay all you adverse costs if you have the benefit of ATE cover. So, you can be fully protected and always.
This, in short, puts you on the footing of a win/stalemate whereas funding it yourself you are on a win/lose.
The other point I should make is, Funders have more money than you, and when it becomes a difficult and you face a Goliath-v- David fight, with the backing you, it becomes a Goliath-v-Goliath battle.
As with all considerations you should contemplate matters fully and to ensure you are acting in your best interest and not that of another. Should you have considered matters fully and believe your case is very strong you can expose yourself to adverse costs risks. If you fund the case yourself, you will be enriched far more as the funder reward is all yours you as it was you, who funded the case.
Moving on, the next important factors is where will you litigate your case and who will you pursue.
In that issue, you have a need to determine who is the principal contracting party. Should you have paid any amount by way of a loan or “credit card” then clearly the purchase could not have been made without the required credit thus it’s that contract which is the first and principle contract. My analogy is, if the finance was not available to you, you could not have bought the product.
Further, as it is the business model of the credit supply to lend you money and for the purpose of you buying products from suppliers they vetted and gave a credit card readers to that supplier, therefore are bedded into the transition, whether they like it or not. One must understand that in such “linked transactions” the credit supplier is joint and severally liable to you and for the misdeeds of the seller accordingly, you have the right to claim from them and hold them accountable to you.
What many are not certain of is, if a credit provided has assisted you [in any way] to buy a product [by way of the delivery of finance] they are joint and severally liable to you for the actions of the supplier. Therefore, they are the principle in any claim and that claim should be directed at them.
Regardless of that right, you may consider you could obtain more damages in court or by litigation in another jurisdiction [Spain where double damages are available] and should your legal advice agree, you have the right to pursue the seller and or both (duplicitous jurisdictions) however, that topic needs a lot more reasoning.
Laterally thinking, in in the hope that I don’t protract legal assault on your senses. You bought a holiday product and if that holiday product is bonded [say by ABTA], you have further rights to present a claim to them. should you do, you will not be required to advance your case in court, as they have available, binding meditations. I am persuaded to assert that, if that mediation results in a binding ruling, insurance cover will pay out the damages awards in successful mediations.
Furthermore, it is prudent to explain that you can elect to jump out of the litigation box and embrace the concepts the seller represented “it’s an investment”. If that statement was made to you and you accept it and should the investment have floundered, your investment has failed and you have lost investment capital. Should you be a UK Taxpayer then, of course, you can set off your investment losses against investment gains which will either reduce tax or you can demand a tax rebate. My reasoning is your investment has failed, you were not enriched have suffered a loss and an adjustment to your declared tax liabilities can be constructed and claimed.
Of course, there are many other Rules Regulations and other avenues to explore, however, such exploration can only be done by those trained licenced or regulated, not a band of ex-timeshare salespeople who have jettisoned selling unlawful timeshare products and entered the legal profession peddling equally unlawful legal services.
In all matters concerning timeshare contracts and associated compensation claims, those who advise, need to have the necessary experience, able to grapple with the laws and regulations and within a variety of different legal jurisdictions. You can’t simply go to your local Solicitors, as they will have a right of audience in the UK but will not have any automatic right to represent you in other courts in other legal jurisdictions. Further, they might be ignorant of the Laws concerning timeshare and the rights consumer enjoy by way of statutory implied right bestowed upon them by the UK, Europe and/or bespoke Laws where the timeshare is based.
Should you elect to consult TESS and ask for free initial advice, it will be delivered, worthwhile, studious and well considered.
That aside, 2 years ago, TESS entered into an arrangement with various investment funders, canvassed their financial support and to assist consumers with “No win No fee” compensations claims, in both Spain and the UK.
In 2015 TESS with the assistance of funding support arranged litigation finance for over 100 people seeking compensatory damages of more than £2 million. In 2016, TESS assisted over 200 people who sought over 3 million in compensatory damages and this year we have engaged with and deliver over 350 claims seeking compensatory damages in excess of “8 million (in the first 9 months) so to allege as many do, that TESS is inactive is utter “folly”.
To date, the facts are TESS is assisting over 3,000 clients are protracting 950 damaged based claims and have settled many claims without the need of troubling the courts or adjudicators. The claims which have advanced have all been meritorious, whether in the UK or internationally and to date consumers [assisted by TESS] have not lost a single case. That said, this record may not be sustainable as TESS is taking on harder and harder case. Thus, by sheer misfortune, I am sure a few losses may occur in due course.
At all times the record of TESS, its team of investigators, litigators and outside counsel are a force to be reckoned with.
Should you believe you mis-sold Monster Credits we are now dealing with over 500 claims, some financed whilst other not. In respect to Club La Costa, we have over many clients pursuing over 170 cases all of which are damaged based compensations claims. Equally, retains a large number of other bespoke claims in Spain the UK and other jurisdictions.
Posted on: 6th October 2017