Successful Claims from Supreme Court Rulings
The highest court in Spain has ruled that various clauses within timeshare contracts are not complying with the law and timeshare owners can now be free of their timeshare burden. Owners’ contracts are being declared null and void, granting them rights to claim and being awarded significant refunds!
In recent months, the wins for timeshare owners against their resorts in Spain are rising, thanks to the Spanish Supreme Court rulings. Cases have been won against companies such as; Anfi, Club La Costa, Silverpoint, Wyndham and Diamond Resorts, just to name a few.
The main wins between timeshare owners and their resorts, that have occurred since the Spanish Supreme Court rulings, are where timeshare contracts have been declared null and void. For a contract to be null and void it must have the following circumstances; the client purchased in perpetuity, that it contains floating weeks and if any money was paid before or during the 14-day cooling off period. The Supreme Courts have also declared void such contracts that have been poorly drafted, contracts with lack of clarity as well as victories due to linked loan agreements.
The Spanish Supreme Courts have deemed contracts with this content unlawful and therefore these contracts can be cancelled as null and void. Not only can you get your contract annulled but you may also be able to get ALL your money back! Technically you are entitled to claim double the amount of any payments that you made within three months of signing your contract, including any maintenance fees.
However, we cannot say that all timeshare contracts are illegal but there are stats that show that a big percentage of the 850,000 timeshares in Europe alone can be considered illegal. These clients are being rewarded with a considerable refund which is equal to the money that they have spent plus any legal and interest costs.
A short guide to Spanish Timeshare Law: For the first-time timeshare owners with illegal Spanish contracts have a clear path to get their contracts annulled and their money back. The Supreme Court decided that any timeshare contract signed in Spain after January 4, 1999, that contains floating weeks or an undefined time period is null and void. If a contract is void, then all the money paid must be returned. The 1998 law stated that timeshare companies have to give back double any amount they took as a deposit or payment made within 14 days. Many timeshare owners who that paid a deposit are entitled to much more money than they actually paid for their timeshare.
ABC Lawyers has processed some 4,000 enquiries in the last five months alone, as increasing numbers of people realise that they may be eligible for compensation as a result of selling practices that have now been deemed illegal by the Spanish Supreme Court Rulings.
ABC Lawyers Supreme Court Ruling Wins
One of ABC Lawyers successful compensation claim was for a British owner from Portsmouth. ABC Lawyers started the process for the client in March 2016 and he was awarded £13,006 in December of the same year. The happy claimant said he felt “wonderful” to finally achieve the successful claim and agreed that he felt far less stress at no longer having the burden of his timeshare to worry about.
ABC Lawyers’s most recent successful compensation claim win was for a couple from Corby. During their meeting, they were told that their timeshare exit could take about to a year before it would be completed, however this was accomplished within 4 quick months. The couple were awarded with £21.160 in the month of July 2017.
Courts in Spain have taken a proactive role in ruling on illegal selling practices, and it is owners around the world who are benefiting.
We exit timeshare owners from timeshare resorts, timeshare properties and timeshare clubs. This includes fractional shares, points systems, escritura contracts, deeded timeshare property and any club systems.
As you can see we have helped our clients thanks to the Supreme Court rulings. If you would like us to help you then Click below for your NO OBLIGATION chat with our friendly advisors.
Other Supreme Court Rulings Wins
One amazing win thanks to the Supreme Court ruling was for a lady from Norway who was awarded with over €40.000. This has been labelled a “ground-breaking” Supreme Court ruling on timeshares in Spain. The lady had her ownership with Anfi and the resort were told to refund all her payments, plus any interest and legal fees that she had paid. This case was won on the grounds of the woman paying over €700 as a deposit on her credit card at the time of purchase. No timeshare company can take a deposit within the first 10 days of any contract being signed and the law is very strict with the rights to a “cooling off period”. The owner’s timeshare contract also stated in perpetuity; the law for this was changed and any contracts that were signed after the beginning of 1999 were not allowed to stand for more than 50 years. As you can see this was an easy win for the client. Always make sure that you keep all your paperwork as evidence; any bank statements that you may have are always useful and can help massively in your case.
Another story consists of a couple that were offered a free week stay at the Beverley Hills Club with Silverpoint, under the condition that they attend a “1-hour presentation” with one of their representatives. Once the clients realised that they were being sold a timeshare they automatically refused. However, after a few more hours, they were told that this is not a timeshare, but more of an investment. The investment consisted of seven apartments for the price of £25,000 which they could sell within two years and make a healthy profit; of course, they accepted. The clients went back the following year and were told by their representative that because of the financial situation across Europe, the company would not be able to sell the apartments so the representative tried to “up-sell” them with a different product, which turned out to be Points. After paying both Silverpoint their maintenance fees and RCI, the clients became very infuriated. In 2013 the clients decided to take their case to court and after the Spanish Supreme Court looking over their contract and seeing that they have been miss sold, as the clients purchased an investment but do not own any apartments instead they own Points, they were protected by the Spanish Timeshare Law and the court declared Silverpoint to return the clients an amount of £10,000.
Many timeshare resorts changed their clients’ contracts from fixed weeks to floating weeks. Another claim was won in the Supreme Courts for a couple that owned with Palms Oasis. Because of the change in these clients’ contracts the Courts ruled that the contracts were null and void and ordered the resort to return the client with a sum of €24,597 plus all of their legal fees. Floating weeks are a problem for most people as not many people are flexible with their holidays. Timeshare is mainly purchased because of the fixed weeks so that families can have the same week every year. They can prepare themselves with their employers and schools if they have children. Floating weeks meant that people could not get their specific weeks if they hadn’t booked in advance and a lot of people lost out on their holidays.
What our customers say:
“Our advisor Jo was very friendly and clear, and all the other good stuff that you can say. In the meeting, we were told that the exit could take up to 1 year, but you guys have managed to do this in just a few months, so you have exceeded my expectations with the timescale. You made the process look simpler than I expected it to be. My overall experience has been really positive, and I think it’s not bad value for money, as you guys are specialists, and we are paying for your knowledge. I would recommend you to any of my friends and family.”
Mr & Mrs Gratrick
“It’s all been handled very well. I said to my wife that, the first sign of pressure, and we will be out like a shot. It wasn’t like that at all. I am glad we came and are as happy as we can be.”
Mr & Mrs Crosby
“We are extremely happy we found ABC Lawyers. Everyone has been helpful, friendly and professional. Lee and Diane, in the York office, have shown nothing but respect, plus they make a mean cuppa.”
Mr & Mrs Martin