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Recent Victories

More wins for M1 legal as the Spanish courts prepare to close for August

More wins for M1 legal as the Spanish courts prepare to close for August

In the last week of hearings until September due to the Spanish courts closing for the month of August, we are pleased to inform you of this week's court victories. M1 Legal secured Six positive awards with a total value of £93,469.

Here is a breakdown of the substantive results:

1st Court of Instance:

  • CLC World (Sucursal) - In Fuengirola court No. 5, the judge upholds another lawsuit and reasons that it is appropriate to return what was paid for the previous contract despite the fact that the clients did not go to the trial, as the contract states "Assignment" and not "Waiver" of the right.  The contracts had grounds for nullity (law 04/2012) due to lack of information regarding the accommodation and contract period. Amount Awarded - £20,008.

We also had a positive judgement against perblau (Onagrup) and Diamond Resorts.

Appeals:

  • CLC Paradise Trading - In the Court of Appeal No.3 in Tenerife, it was confirmed that the judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the contract duration. Amount Awarded -  £43,609.
  • Anfi Sales, Anfi Tauro & Anfi Resorts - In the Court of Appeal No. 3 in Gran Canaria, it was confirmed that this judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation - Law 04/2012. Amount Awarded - £17,591.

Jurisdiction:

4 cases valued at £54,507

In this weeks' jurisdiction cases there were three against Diamond Resorts, one against and one against CLC World (Sucursal).  In all four cases, the resort's argued that the cases should not be heard in Spain, however the judge has ruled they can. All four cases will move to the next step.

About Timeshare Release

During the Timeshare sales boom of the 80s & 90s, potential buyers were lured in by the promise of affordable exotic holidays, flexible exchange programmes and the impression that Timeshare would be a valuable "investment".

In an industry with little or no regulation, high pressure sales tactics were rife and contract smallprint was often glossed over and explained away by sharp salespeople.

Many Timeshare buyers were therefore unaware that they were actually making significant, long term financial commitments on behalf of themselves and their families.

To find out how you can escape the Timeshare Trap please complete the short Timeshare Release Wizard now.

The Timeshare Trap

The timeshare trap

For many Timeshare owners, annual maintenance fees were barely considered token amounts in the early "honeymoon period" of ownership.

However, year-on-year increases imposed by the resorts over time now mean that the maintenance fees have risen to become substantial sums.

Owners are also facing the prospect of ongoing yearly fee increases and realising that they (and their families) are often committed to long term contracts for generations to come.

Please try our Future Fees Calculator to estimate your liabilities over the term of your Timeshare contract, based on an annual increase of 7.5%.

If you're concerned about rising fees and how to escape the Timeshare Trap, please contact us today.

Timeshare Owner Reports

Timeshare owner reports

Recent comments from RCI Timeshare owners who have come to us for help with contract cancellation:

Mr Steve R, Middlesex - RCI/Hollywood Mirage

“We 'swapped ‘another place in Tenerife for this in order to move to the points system. Since then, getting exchanges to desirable resorts proves almost impossible, irrespective of in-season or off-season.”

Mrs Rachael B, Yorkshire - RCI Europe

“I purchased my timeshare in 1999 and have been a timeshare member ever since. More often than not, I have not be able to go where I wanted and have ended up giving a few weeks to Friends, etc to book somewhere they wanted in order not to lose the weeks. I have then stayed in a hotel!! I am desperately trying to get rid of the timeshare and am now paying Timeshare Shop in Manchester to get rid of it for me.”

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