Published December 11, 2018
Following on from our Autumn newsletter, our legal associates have enjoyed many successes on behalf of our clients!
In the majority of cases, their contracts have been deemed null and void as a result of them failing to adhere to Spanish timeshare legislation requirements, in particular perpetuity (period in excess of 50 years), points, floating time, fractional, receiving deposit during the cooling off period and failure to provide the necessary pre-contractual information.
Some recent successes include:
After an initial court decision that the case did not fall under Spanish jurisdiction, Our associate Spanish law firm M1 Legal appealed the decision which was reversed by the Malaga Court of Appeal. The defence argued that the case should not be heard in Spain claiming that the contract fell under English law. The appeal judge ruled that the contractual party i.e. Club la Costa (UK) Sucursal en España is a Spanish entity and the case should be heard in Spain.
All cases with the above contractual name are currently being re-submitted to the court of first instance. M1 Legal can now confirm receipt of FOUR more victories against Club la Costa on Jurisdiction regarding the same contractual party.
The court of first instance issued a judgement whereby Anfi Resorts had to refund the sum of £19,607 plus interest and also declared that the contract be deemed null and void.
Anfi Resorts appealed against the judgement and we are pleased to report that the court of appeal in Las Palmas de Gran Canaria has confirmed the original sentence. This means M1 legal have won twice on behalf of this client.
It was revealed that the Silverpoint contract was in perpetuity which means there was no end date disclosed.
The judge presiding over the case ruled in favour of the client and ordered that the contract be deemed null and void. Silverpoint have been instructed to pay out £22,000.
In the month of November alone M1 Legal secured victories for claims against Anfi Group totalling £61,000. All contracts were deemed null and void with the majority being in perpetuity (no end date).
A further £36,914 was awarded to clients against Silverpoint & Lion resorts.
430 cases in the Spanish courts. 232 cases are being prepared for submission to the Spanish courts. 936 cases prepared to be processed in the UK courts.
Our popular Sky News TV Campaign featured on Sky News, Sky Atlantic and Sky Discovery has received over 265,000 views on Facebook alone - You can watch our TV Campaign Here.
Due to recent expansion, we have added to our network of offices!
We recently opened a new branch in Manchester, Dartford & Peterborough, making it easier and more convenient for anyone wanting to meet with one of our Senior Account Managers.
For a full list of our current office locations, and to find out which one is most convenient to you, click here.
Sofia is a Practicing Lawyer since 2010 and specialises in procedural and civil law. She is also specialised in legal advice on timeshare rights.
Marta has a Bachelor’s Degree in translation and interpreting and has more than six years experience as a Translator and Legal Assistant.
Maria is a Practicing Lawyer and specialises in procedural law, civil law and consumer rights law. She is also specialised in legal advice regarding timeshare rights.
We are very excited to what 2019 will bring as we continue to grow! Please be aware our offices will close for the festive season on Friday 21st December and we re-open Wednesday 2nd January.