An application to fund a damaged based claim is available to all consumer should they believe they have a need for financial assisting to bring a claim against a Timeshare seller.
At present the process is quite simple and is being conducted on a “no win no fee” basis which essentially means that should you make an application for funding and via Small Claims Funding Ltd and that funding is rejected, you will not incur any costs.
So, what is a Timeshare Compensation Claim
In all matters of timeshare, there are 3 distant costs tracks, small, medium and large claims.
In respect to small claims
Small claims are those claims whereby the sums you paid for the timeshare do not exceed £20,000.
In respect to medium and Large claims
The medium claims are the claims which are claims which do not exceed £100,000 and for sums above this amount, we class them as large claims.
Our process ensures that the pricing structure is locked in, from the start, will not alter and should the actual claims be for significantly more than initially assessed the price you pay will not alter.
So How do I apply?
The first consideration you have to make is-do you believe the product was mis-sold to you. In this process, we can assist and will give you free advice as to your prospects. Then your thoughts should consider whether, or not you want to make a claim.
Should you wish to make a claim, of course, you can, however, you should how do you intend to finance the claim you intend to make.
When you reach this stage, you ought to consider “risk and consequence”.
Should you believe that you might be exposing yourself to risk whereby the costs you pay could be lost or that you may incur the costs of your opponents should you lose your case, and that risk is too great a burden, then you might consider inquiring about our service “Litigations Funding”.
If you do, you will be required to provide some basic documents and provide some other basic documents. When provided, we will have those documents assessed and conduct a risk assessment and should that risk assessment be favourable we will inform you, so an application can be prepared and place in front of a funder. No money will be asked for nor accepted and you will not be asked to commit to anything. At this stage, you can leave the process and without charge. Should you elect to instruct us to present a funding proposal the matter moves the stage 2
The presentation of a funding proposal
When approved by you a proposal will be made and should you be granted funding the grant will be delivered to you. And a bill for the charges will be presented for payment as we have secured the funding you wanted.
What if I change my mind.
At all times you are in control of the process, should you be offered funding you can elect to accept it or reject it, however, you have 30 days to do so. If the offer you have received, falls outside pre-agreed limits then you will not have to pay the fees unless you accept it, however, should it fall within the pre-agreed limits or you accept the offer being despite being outside the pre-agreed limits, our fees will be due.
Under what circumstance would I not take up the offer.
Firstly, the offer is open for 30 days and during that period you can elect to obtain other proposals, and should you find a better offer elsewhere you can take that offer. As you have received your risk assessment, you might become happy to fund the case yourself and should you do so. In saying this you could be doing yourself a disservice in not funding the case yourself as the funders do want a reward for funding the case and that reward they want will be eliminated should you finance it yourself. In any event, it is for you to contemplate and decide, not us, nor your funder.
Timeshare contracts can be quite difficult to understand accordingly, there are not many, who fully understand them, so you should have on board, a good Lawyer/Solicitor. At present we are assisting in and financing hundreds of cases involving consumers who elect to use both solicitors and Paralegals, however, we will only assist and appoint if those firms are Licensed or Regulated.
Should you elect to reject the funding offer, you will be informed who can assist you with your case, however, should you accept the offer, we will insist you employ an expert from our own panel. That all said and should you have a competent alternative, they will also be considered.
What happens next?
You will be contacted by your legal representatives who will provide you with their engagement letter and their terms/conditions and potentially fees structure, however, all those fees will be met by your funder and we will provide (if necessary) those proofs of payment to you.
When you engage with your lawyer, you can still make contact with us, however, as the matter is being dealt with by your lawyer, it’s best to deal with them directly.
Neither ourselves nor your funder can influence your case or the decision processes you adopt, as these are matters reserved to you and your lawyers.
That said, should you act in such a way that the prospects of your case alter, and the lawyer becomes alarmed, they do have a duty to inform us and we will ask you to assist us in bring that dispute to a satisfactory conclusion, which will assist you in the delivery of your best case.
What if I lose.
Should your case fail, the funder will pay all the costs associated with the delivery of your case and they will not look to you for any contribution.
What if I win
The first issue is what is a win. A win is described as being money flowing to you, so you might win the case and be awarded damages, however, if those damages are not paid, the claim is not meritorious thus, you have nothing to pay, the simple test is, if money flows to you and as a result of the action you took, the funder is entitled to its reward.
How long does the funding proposal take?
It should not take any longer than 3 weeks
How long will it take to have my case heard?
Litigation in the UK between £10,000 and £50,000 takes about 18 months
Litigation involving higher sums can take between 2 and 5 years
Financial claims made via the financial ombudsman service are generally settled in 6 months, however, in more complex case they can take longer.
In Spain, the time taken to obtain judgement can vary and between 12 months and 2 ½ years.
Posted on: 9th January 2018