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Recent Victories

Eleven positive awards valued at £154,887 including an award against CLC Sucursal valued at £44,214

Eleven positive awards valued at £154,887 including an award against CLC Sucursal valued at £44,214

We are pleased to inform you of the latest Spanish court victories over the last two weeks. M1 Legal secured ELEVEN positive awards with a total value of £154,887. Our highest award from these latest results was confirmed against CLC Sucursal valued at £44,214.

Please see below a breakdown of the substantive results:

1st Court of Instance:

  • Silverpoint - The lawyer representing the case has reached a court agreement with Silverpoint. Advisor: Kathy| Account Manager: No name| Lawyer: Jorge. Amount awarded - £31,368.
  • Majexo - At court in Granadilla de Abona, the judge from First Instance declared the contract null due to lack of information regarding the contract duration (law 42/1998).  Advisor: Glyn| Account Manager: John Clark| Lawyer: Lidia. Amount awarded - £14,078.
  • Diamond Resorts - At Fuengirola court number one, the judge from the First Instance declared the contract null due to lack of accommodation information. (law 04/2012). Advisor: Sherri| Account Manager: John Scott| Lawyer: Lidia. Amount awarded - £11,193.

We also received confirmation of a positive judgment against Oasis Club, and Sahara Sunset & Global Marketing.

Appeals:

  • CLC Sucursal  - Previously at the First Instance, M1 Legal had not been awarded the price of the previous contracts which has now been added. The court also recognises the nature of the real right of a CLC Fractional, the solidarity of CLC Paradise and the CLC branch and even that it is an investment.  Amount awarded - £44,214. 
  • CLC Sucursal - In another Sucursal case at the Court of Appeal in Malaga, it was confirmed that the judgement from the First Instance still stands which declared the contract null due to lack of information regarding the accommodation, (law 04/2012). Amount Awarded - £14,636. 
  • Anfi  -  At the Court of Appeal in Las Palmas, the judgment from the First Instance was confirmed which declared the contract null due to lack of information regarding the accommodation.  Amount Awarded - £10,168. 

We also received confirmation of three further positive appeals against Anfi.

Jurisdiction: 

Seven cases valued at £173,302

Jurisdiction positive results were:

  • Four cases against Diamond Resorts
  • One case against CLC Paradise Trading
  • One case against Tasolan
  • One case against Marriott

In one of the cases against Diamond Resorts and CLC Paradise Trading, the defendants appealed against the initial decision to proceed with the claim in Spain which was declined by the judge, the next step for these cases will be the preliminary hearing.

In the case against Marriott, they requested the discontinuance of the lawsuit pending a preliminary ruling on the question of jurisdiction pending before the European court. The judge declined this request declaring that the lawsuit continues to proceed in the Spanish courts.

In another case against Diamond Resorts and Tasolan, the defendents appealed against the decree that ordered the embargo on their assets and accounts. This was dismissed by the judge.

Finally, in two of the Diamond cases, the judge declined the jurisdiction issue raised by the defendant which declares the Spanish Courts competent to process the claims.

All cases mentioned above will now proceed 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.”

Read more...