Timeshare law is incredibly complex and no two cases are identical. The products being sold under the various timeshare arrangements have often been developed and refined over decades and can involve highly complicated exchange schemes.
Multiple investigations will have to be undertaken, using different laws and regulations, to determine the legal grounds applicable to build a case for termination of individual contracts.
We have put together this guide to illustrate the typical process undertaken by Sarah Waddington Legal Espana for a Timeshare Relinquishement case:
Summary of process:
- Initial compliance check
- Collation of file
- Statement taking
- Case review
- Finance & EU Solicitor advice
- Barrister advice
- Preparation of letter of claim or relinquishment
- Liaison with client for approval to proceed
- Send letter of claim or relinquishment
- Issue court proceedings
COMPLIANCE CHECK
- Initial compliance check over the telephone
- Answer any questions you may have and explain what will happen during your claim.
- Make sure all paperwork has been completed and correctly signed
COLLATION OF CASE FILE: ADMIN OFFICER
- Collate your timeshare contracts, correspondence, finance agreements and any additional evidence/paperwork
- Send out a personal statement questionnaire
- Arrange a convenient time with you to take an additional witness statement (if required)
WITNESS STATEMENT: LEGAL ASSISTANT
- Review personal statement questionnaire or take a witness statement
- Add statement evidence to case file and pass to Solicitor
CASE REVIEW: TIMESHARE SOLICITOR
- Read statements and consider case file to assess what legal routes are available
- First draft case plan sent to client for review
- Request further evidence from client (if required)
FURTHER EVIDENCE GATHERING: TIMESHARE SOLICITOR
- Liaise with client to gather further evidence (if required)
- Amend statement, update case plan and pass back to Solicitor
PREPARATION OF LETTER OF RELINQUISHMENT: TIMESHARE SOLICITOR
- Consider any breaches under timeshare regulations
- Initial case review with Barrister
- Compose letter of relinquishment to timeshare company and send to client for approval to proceed
PREPARATION OF LETTERS OF CLAIM AND RELINQUISHMENT: TIMESHARE, EU AND FINANCE SOLICITORS
- Consider any breaches under timeshare regulations
- Initial case review with Barrister
- Compose letter of relinquishment to timeshare company and send to client for approval to proceed
ISSUE LETTER OF RELINQUISHMENT: TIMESHARE SOLICITOR
- Send letter of relinquishment to timeshare company
- Review responses with Barrister and Principle Solicitor,Sarah Waddington
- Consider issuing court proceedings
ISSUE LETTERS OF CLAIM AND RELINQUISHMENT: TIMESHARE SOLICITOR
- Send letters to timeshare and/or finance company
- Review responses with Barrister and Principle Solicitor,Sarah Waddington
- If financial claim, raise complaint with Financial Ombudsman
- Compose letters to timeshare and/or finance company and send to client for approval to proceed