Claims in Spain

 

LCF does not profess to be experts in timeshare litigations in Spain, that said we have a network of law firms able and capable of delivering professional services to our clients.  These clients have expressed a need to make damage based claims, in Spain, for timeshare contracts which were mis-sold. To facilitate successful claims clients engaged UK experts TESS Paralegals Services Ltd and Athena Law, who in turn engage with others including JLCA & AS Lawyers and Javier Correa Guimerá Lawyers [both Spanish timeshare specialists who deliver Spanish timeshare claims in Spain].

Should a consumer wish to seek compensation for timeshare related claims, as a result of mis-selling practices, or because of unlawful contracts, LCF can offer litigation funding for such matters.  The claims will be reviewed by legal experts and, based on their risk assessment and advice, LCF can assist the consumer by providing a funding option.

Case funding is canvassed and in over 80% of Spanish cases, LCF has obtained finance providing consumers with a “no win no fee” claim delivered by leading law firms in this field. This ensures that clients are protected, and client consumers are not at risk of paying the costs.

With the assistance of tailored funding, consumers can rely upon the fact that their case will be delivered by licenced and/or regulated law firms who will work together to provide excellent and trustworthy services, both nationally and internationally.

The regulations and laws surrounding timeshare in Spain have traditionally been something of a “minefield” which has allowed unscrupulous firms to apply what some have described as high pressures sales of timeshare products which have not lived up to the expectations of the consumer.

When you believe you are a victim of mis-selling or consider you have been sold an unlawful product, being a victim once is bad enough, however, being conned again could entitle you to a very large amount of compensation.

Many consumers whilst searching the internet will find reference to the laws and the rights to claim, however, in all timeshare matters it is certainly a case of can you trust the firm of lawyers you hire?  Will you get paid should you win?

When litigating in Spain the court rules are not the same as in the UK, thus a consumer needs a team of UK lawyers and Spanish lawyers. A consumer needs good representation and an expressed need to vet the team who are assisting the case, as part of the funding service this can be carried out by LCF on behalf of the consumer.

The right to make a claim now is because of the introduction of new laws which came into existence in 1998 and were introduced on the 5th of January 1999.

Thus, if you have bought a timeshare after the 5th of January 1999 you may very well be entitled to apply very positively such as The Judgement of the Supreme Court 15/01/2015, by Resolution No. 830/2015 of Appeal of the Provincial Court of Barcelona.

This decision sets what many call the Timeshare Doctrine on present timeshare claims.

The ruling applies to timeshare contracts for real estate “Use of Property for Tourist Purpose” (Time Sharing): they asserted “We declare doctrine jurisprudence as follows: In the legal regime established by Law 42/1998, of 15th December, on the rights of timeshare real estate for tourist use, the lack of determination in the contract for accommodation for which it is object, determines the nullity of that contract, as provided in art. 1.7 in relation to art. 9.1.3 of the law”

In a further judgement which came from the Supreme Court on 15th January 2015, No. 564/2015 resolved an appeal which originated from the Court of las Palmas de Gran Canaria. That ruling demonstrates the intention of the legislator (Spanish Parliament), by adapting the European Directive 94/47, relative to the Protection of Purchasers of Time Sharing products.

They opted for the imposition of a detailed regulation of property rights and the admission of a season lease; so fraudulent legal business who flouted the law could be sanctioned including having the contracts annulled see art. 1.7 of the law 42/98.

Pursuant to art. 1.7 of Law 42/1998, the court condemned a timeshare resort to repay all amounts they received from the claimant plus 100% duplo damages (double).

The decisions described above confirm consumers have good grounds to make claims and those claims have good prospects.