No Win No Fee – Further Details and Costs explained
At Athena Law we get regular enquiries from timeshare owners, many of whom are making similar complaints, namely:
Escalating Maintenance Fees.
Being trapped in a product they no longer want, in perpetuity.
Feeling that the product was mis-sold, and that what they have purchased is worthless.
Being left with large loans taken out to purchase “cheap holidays for life”.
Essentially, having purchased something they thought was an asset and which in reality has little or no resale value.
The writer has dealt with many hundreds of these cases over the years. In every case the timeshare resorts and the banks deny liability as a matter of course. Given that timeshare salesmen are remunerated heavily on commission, and given well reported “hard sell” tactics this is not surprising.
There are however remedies available to timeshare consumers both under UK and general European law – breach of contract, misrepresentation, unfair trading practices and (in the case of claims against banks) under sections 75 and 140A of the Consumer Credit Act 1974.
There is also a huge amount of publicity on the internet regarding remedies under Spanish Law. On the whole, most of our enquiries are from potential clients who purchased timeshares in Spain.There are approximately 1.5 million timeshare owners in Europe, of whom approximately 600,000are British. Many of these timeshares were sold in Spain (including Spanish territories such as Tenerife and Gran Canaria).
We are often asked – do we have a claim in Spain? How much is it worth? What are the prospects? How much will it cost?
There have been numerous decisions from the Spanish Supreme Court which have held the following contracts void:
Timeshares sold in perpetuity.
Payments taken during the cooling off period.
These decisions are based on Spanish Law 42/98 which came into force on 4th January 1999. In other words, you will only have a potential claim if you purchased your timeshare in Spain after 4th January and Spanish Law applies to your contract.
How Athena Law differs from Claims Companies
We are aware of a number of timeshare claims companies on the internet. The majority of these companies are not Lawyers. They are claims management companies. Such companies serve a purpose, but the consumer needs to understand that if they employ a claims management company they will inevitable be paying more to bring a claim if they deal direct with the lawyers. This is common sense.
How Athena Law can help
At Athena Law, we have a network of Spanish Lawyers that are reputable and who can assist you with your claim.
When we receive an enquiry, the client’s case will be reviewed with Spanish Lawyers and a viability report will be provided which will confirm:
If you have a viable claim.
The value of your claim.
The cost of pursuing your claim in Spain. All costs will be fixed.
If you do not have a viable claim in Spain, we can offer termination services and UK Finance claims.
Upon receipt of our viability report you can make an informed decision as to whether or not you wish to pursue your claim.
We also have the potential to have your claim funded by a litigation funder, so effectively some claims can be brought on a no win no fee basis
Please note that funding will be strictly subject to the merits and value of claims.
At the moment Athena receives regular enquiries regarding the following timeshare resorts
Club la Costa
About The Author
Stephen Boyd is one of the owners and co-founders of Athena Law, a firm of solicitors regulated by the Law Society and the Solicitors Regulatory Authority.
Mr. Boyd has been practising in commercial and consumer litigation for 15 years, and has developed a niche practice in dealing with timeshare disputes and indeed was one of the first UK Solicitors to work in this area and has appeared in all forms of media including television, print and radio.
Contact us for a FREE initial consultation
If you need any advice or further information regarding this article please contact us.
We offer a free initial consultation and if clients have a viable claim we offer a variety of retainer options including no win no fee arrangements. Every case or potential case will have to be assessed on its own merits.
If you have found this article interesting and would like to learn more about how Athena Law can help you, please feel free to contact the writer, Stephen Boyd, at: [email protected], or via the contact page on the Timeshare website.