In the last years, the Spanish Courts have been dealing with a huge number of claims by which consumers have been requesting the cancellation of a timeshare contract and/or claiming the refund of the amounts paid in relation to the timeshare products (in some cases double the amount) plus any legal interest.
There are many non-solicitor Firms who deal with these claims and promise the consumers they will obtain big compensations and results, however, the reality is that it is not always possible to finally obtain the expected refund. Even if the claim has been successful, and let’s not forget it is not possible to claim in all the cases.
Court claims are not straightforward, especially in the Spanish judicial system and in most cases, timeshare contracts and systems are incredibly complex; every single case is different and needs to be studied by an experienced Lawyer that specialises in Timeshare law who can advise you properly on your options and possibilities of success. Here at Sarah Waddington Solicitors we use the correct procedure and use predominantly UK courts and institutions to obtain justice for our clients. This ensures your cases are heard in a timely fashion, and under the appropriate jurisdictions. We also have Solicitors based both in the UK and in our Sister Law Firm Sarah Waddington Legal SL based in Spain, meaning that we have the expertise required to fully assess your case no matter where you are based or where you own your Timeshare.
According to the recent Supreme Court sentences, you might be able to claim in the following cases:
- If the timeshare system duration is more than 50 years
- If the week is floating
- If you have purchased points
- If you have made a payment during the cooling off period
As the Spanish Supreme Court has ruled in favour of the consumers many times, the Court decision might be favourable to consumers, however the Court procedure could take several years, and it is important to note that if the defendant is domiciled out of Spain and makes opposition to the Court order; it is necessary to follow the procedure in the first instance, then in the second instance and finally at the Supreme Court. What this means is that there could be 3 levels of hearings, just to get the judgement, which all takes considerable time especially in Spain. So even if you are awarded compensation using the Spanish legal systems the difficulty will then be to enforce your order to obtain your compensation.
The message should be loud and clear, once you have your judgement, there is no guarantee that you will ever get your money if your case goes through Spanish courts. Unlike the UK there is no proper means of enforcing the judgement in Spain. Therefore, when you see or are told by all these non-solicitors firms of all these millions of pounds of compensation obtained through the courts and unrealistically quick time scales. Simply ask for proof, or check online at the Spanish court’s websites who have been awarded compensation and how much. Do not accept the redacted documents which mask the reference number for the hearing, this will allow you to properly check out the judgement. You will be undoubtedly disappointed by the truth of it all.
In short, be aware that there are a number of very good reasons for putting your claim through the UK courts. The courts in Spain are much slower and it is far harder to enforce a judgement there and let’s appreciate that nobody knows what issues there will be post-Brexit. Remember that in Spain when you bring a claim, in order to recoup costs you have to win your entire case. The costs are usually 15% of your total claim, but if you are not fully successful then you will not be able to claim back your costs for pursuing the claim.
If you are not sure of the legality of your timeshare contract, contact our experienced team for your free 30 min consultation or visit our website. We will then be able to advise you on your options and if it is possible to claim in your specific case. For further information, you can call us on 01924 675 039 or email us at info@sarahwaddingtonsolicitors.co.uk.