Slumber days in the timeshare litigation world is a dream or a non-existent concept. Lawyers on both sides come under a hail of slingshots, every day and on account of the fact they stand in front of the advancing cases that are litigated/defended by the many clients they represent. This is part of the course in the legal sparing matches, it happens every day and between the lawyer representing both the claimant’s lawyer and the adversary assisting the defendant.
When battlegrounds are drawn, and the ‘legal slapping’ commences, each court has its own rules of engagement and all are expected to play by those rules. It is natural to expect that the claimant will – war – against the defendant and Lawyers will do battle against each other. Until either, an agreement has been reached or a judgement is made.
But what happens if an outsider/third party interferes in the legal proceedings that are afoot?
Readers will be well aware that TESS is assisting over 1,000 consumers involved in litigations in Spain, the UK and in the many legal forums on offer these days. To place a marker down, TESS and its assisting lawyers have never experienced any form of interference by third parties when litigation is afoot. In TESS’s case, its client’s arguments are put, and the defendant contests each case and in all matters, a settlement is achieved or a ruling is made. After an agreement is made or a judgement issued, enforcement proceedings may be necessary, if payment is not made.
In all UK legal stadia and proceeding, there is an abundance of ‘legal chatter’ between the advocates, solicitor’s and lawyers and Spain is no different. In the case of the Spanish lawyers, the present ‘chatter humming’ has [over the last 2 weeks] escalated to a booming choir. Lawyers in the UK are tuning in to a situation which exemplifies the combatant nature of timeshare litigations in Spain. Being in the legal profession it,s like having a ringside seat to gladiatorial allegation contest.
TESS has received information from 3 sources regarding what can only be perceived as tortious (wrongful) interference in legal cases by outside/third party organisations.
The actions being taken (if true) appear to be an attempt to ‘scupper’ the litigation process and to deliver benefit to the defendant timeshare resort and a financial peril to the claimant litigant (the resorts exiting timeshare owner).
I will leave out the identities of the parties who are subject to the conversations as the information cannot be fully verified and one source could be repeating or re-tweeting a conversation whilst adding into the mix Chinese whispers. No doubt if the chatter is true, severe damage is being caused and the matter will escalate, ending up in the Spanish criminal courts. For our part, the parties will remain anonymous but may become known and by a braver person than me.
That said, it is true to say, both parties are ‘big players’ well known in timeshare circles and each is amassing support to further their impending actionable position.
The arguments involve a leading timeshare resort seller and a law firm operating in Spain. In this matter, the law firm obtained a client who believed the timeshare they bought was mis-sold and in any event conveyed, contrary to Spanish law.
The consumer elected to use the services of the law firm, paid them for the service, so as to action their case. When doing so, the consumer was required to give the lawyer a ‘power of attorney’ so they could represent them, thus the lawyer needed the consumer to present themselves to a Notary Public who was charged with the task of witnessing the document they were asked to sign.
When notarised the claim was issued, and the timeshare resort defended the claim and both parties were expected to end up at court.
What is being alleged is, the defendant resort with the assistance of another supporter contacted the lawyer’s client and persuaded them to stop pursuing the claim with their chosen representatives (harassment) then, directed the consumer to visit with another Notary Public in order to revoke the power of attorney of the 1st lawyer (interference).
By doing this, the lawyer cannot continue with legal proceedings, so the consumer access to justice was undone. The clients claim is stopped which enriches the defendant resort and the consequences for the consumer claimant is they will be liable for the defendant’s legal fees (financial peril) and they will not recover the damages they seek. nor the upfront costs they paid (impecuniosity).
Should the allegations be proven, and the conspirators did interfere with ‘due process’ they will serve long prison sentences, as they are corrupting the independent legal system, we all rely upon.
If the allegation is false, then the allegers will be attempting to ‘car-bosh’ the reputation of the timeshare resorts and the alleged co-conspirators.
The rumours are; both parties are now expected to deliver criminal ‘denouements’ into the Spanish legal system. When the denouncements have been made, the Spanish police will investigate the allegations on account of there seriousness. If further chatter is to be believed, the heightened denouncement will be subject to countering allegations of criminal defamation. (In UK civil proceeding).
During the process, I expect many titillating stories may surface and many reputations will be tarnished – guilty or not. The sad thing is, the integrity of the Spanish legal system is on trial, its process and independence but, most of all – a new level of conjecture and confusion will exist, causing a lack of confidence with all timeshare consumers.
Posted on: 24th July 2019