If we were to believe all the cold calling claims companies, everybody who owns timeshare can now do a claim, and what is even more surprising, everybody is going to win!
Of course things are not that straight forward and easy at all.
As with any court claim, you can either win or lose. Of course there are certain grounds for the claim, which have resulted in a successful claim with others and could mean your claim will be an awarded one as well.
But what are actually the basic grounds used by the solicitors to asses if you can actually at least try to claim?
The solicitors will look at the cases that have been won so far and why the judge or Supreme Court came to the decision to rule in favour of the consumer.
Some basic points on the subject of claims are that unless you purchased your timeshare in Spain after January 1999, you will not have a claim in the Spanish courts.
So please note that we are always talking about purchases in SPAIN!
All the consumers that are being contacted by these so called claims companies and didn’t purchase in Spain at all, please note that this is nothing to do with you!
As with all court claims, you need to provide proof and evidence of what you are claiming about.
Claiming back the fees is something that is heavily pitched by the claims companies as well. But do keep in mind that if you used the timeshare throughout the years, the resort will claim back from you the costs of this accommodation as well if you are refunded all the money and the contract is declared Null and Void.
The claims done through the Supreme Court have taken several years; in any case a court claim done in Spain can take up between 12 to 24 months.
If you have been offered a no win no fee claim, beware that it does not entail a large fee to relinquish your timeshare first or even the purchase of another product, such as “Lifestyle or Leisure Credits”.
These no win no fee claims are usually the enticer, the promise of large amounts of money to be returned. But then it turns out it is a claim under Section 75 of the Credit consumer Act 1974.
Next week we will go into further detail on the claims won so far and what to look at when selecting a claims company to help you in this matter.