Understanding Timeshare Compensations Claims
During your journey in coming to a decision to make a Timeshare Compensation Claim, you will be confronted with many ‘cold callers’, ‘bogus resellers’ and ‘fake legal company’s’. Many will appear to be the real-deal whilst others will be obvious crooks.
One must appreciate that many Consumers may not have visited a litigation lawyer or have been involved in or associated with contentious Court battles. Therefore, it had to sort the ‘wheat’ from the ‘chaff’ when unknowing.
When understanding Timeshare Compensation Claims, you must get all your ‘ducks‘ into a line from the off. In many cases, people who bought timeshares first took out a loan or paid in part by way of a Credit Card. Therefore, the 1st and principle contract you entered into was the ‘provision of finance’ which assisted you to buy the Timeshare product (the 2nd contract). As a consequence of buying the Timeshare, you then joined a club and it’s that Club which charges you the yearly fees. Therefore, sometimes you have entered 3 contracts, however, if you never financed the Timeshare product, you may have only entered 2, the principal contract then being the purchase of the timeshare.
The next point is the jurisdiction of the contract or the place where any disputes are to be settled. Some contracts will state that the laws of Spain apply, whilst others the laws of the UK. When the jurisdiction is known, then the forum will need to be established which could be – Court, Arbitration or the Ombudsman Service. It is only when these facts are known and verified can the lawyer can give you solid advice.
On many occasions, Timeshare Consumers appear on ‘a list’ of information with others, these lists are bought and sold and an array of ‘cold callers’ mount campaigns stating that you have a claim, yet fail to establish were that claims will be domiciled. The domiciliary of the claim is very important as when known, advice regarding your rights can be then delivered and considered by you.
In some cases, you will have multiple claims, in a variety of Jurisdictions, and your prospects will be dependent on how or where you bought the Timeshare.
On many occasions and when you look at the contract, you will find that the resort may not have sold you the Timeshare, but a company associated with it did. In one example you might be a member of ‘club fantastic’, yet it was sold to you by ‘XYZ Ltd’.
In all matter of understanding any compensation claim, what I have described above are fundamental requirements to understand, give advice and advance a claim. When this knowledge has been gained, it is only then that your real lawyer can explain the law and evaluate the prospects of success.
After these basic facts are known, your real lawyer will tell you, the down and up-side of making a claim. The advice given will also give you an insight as to the risks you will take should the claim fail. Every real lawyer knows that some cases are very strong, whilst other not. With the of the evaluation and forward reviews (after you and your opponent has presented all the evidence) you will have a greater understanding.
There is no such thing as a ‘slum dunk’ or ‘a guaranteed win’ as in ALL cases there exists a risk and those risk evaluations will be reviewed dependant on the evidence presented and the testimony given. So, don’t be fool by the ‘cold caller’ pressing the ‘greed button’.
In most cases, a real lawyer will give you free advice from the outset and this is necessary so that you can consider making a claim. When that advice is given, you must consider, contemplate it, verify it, sleep on it and before making what might be another hasty decision.
Posted on: 4th September 2018