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?

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Fixed fees and No Win No Fee

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

Experienced Timeshare Lawyers

Stephen Boyd and his team 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 600,000 are 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.
Floating timeshares
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

Anfi

Club la Costa

Diamond Resorts

Marriott

MGM Muthu/Petchey

Silverpoint

Heritage Resorts

Puerto Calma

About Stephen Boyd – Expert Timeshare Lawyer

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.

Links to his work can be found below. Alternatively they can be accessed from the Athena Law website: athlaw.co.uk, or its subsidiary site specialising in timeshare issues: timeshare-solicitor.co.uk

BBC Scotland Timeshare Timebomb

BBC Radio 5 Live Investigates

Talk Radio – Stephen Boyd discusses Timeshare contracts in perpetuit

The Telegraph – Hope for people locked in costly Timeshare contracts

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.

Meet Stephen Boyd

Having represented hundreds of timeshare owners over the years, I have extensive experience helping to release clients from inherently unfair and unenforceable timeshare contracts, and bringing claims connected and/or arising from the sale of timeshare and similar products.

I have acted for clients in connection with contentious matters for over 15 years, and have frequently taken cases to the High Court and the Court of Appeal and represented consumers in Group Actions. With a network of barristers and lawyers in other jurisdictions I ensure that my client’s rights are robustly defended.

If you are trapped into a timeshare you no longer want or can afford, or are concerned about inheritance, or feel that you have been the subject of a resale and/or exit scam I offer a free, initial consultation to go over the details of your particular circumstances and advise you on whether your particular timeshare is capable of being terminated and if you have an entitlement to financial compensation either in the UK, Spain or any other Jurisdiction.

For a free, no obligation discussion to find out more about how Athena Law can help you, please do not hesitate to contact me directly for more information on 0161 839 8847 or by email at [email protected]

Below are are selection of press articles that Stephen has contributed towards:

Athena Law offers a fixed fee service to terminate on lawful grounds.

Take a look at our range of expert timeshare dispute services

At Athena Law, we offer a free, initial consultation to go over the details of your particular case and advise you on whether you have a viable claim.

Timeshare dispute resolution

With a focus on resolution rather than litigation, wherever possible we make sure your case is settled before going to court. In fact, in most cases, we’ve found that timeshare companies agree to release, rather than risk an adverse court decision.

So that you’re free from your timeshare burden and able to get on with the rest of your life as quickly and as painlessly as possible.

Timeshare termination

Timeshare agreements are complex legal documents. And that is why it is important you seek and receive the best possible legal advice and that the correct legal grounds for terminating your timeshare are applied.

Experts in timeshare law, with fixed-price and no-win-no fee options available, we help to resolve your timeshare problems without you having to worry about escalating costs.

Timeshare compensation recovery

If you buy goods and services on finance as opposed to paying by cash or cheque, you are afforded an extra level of protection should things go wrong.

So, as well as helping you and your family to exit your unwanted timeshare agreement, our team of timeshare dispute experts will also advise on whether you have any potential grounds for a compensation claim.

Need advice?

Brochure: Timeshare termination and compensation server explained.

We've helped a lot of people get out of their timeshare contracts

We had been wanting to relinquish our Diamond Resorts points, which we had owned for almost 20 years, and had tried using Diamond’s recommended selling agent with no success at all.

We then took advice from a release company who suggested we would have to pay solicitors cost of £5000.

On the off chance I rang Athena Law and the advice given resulted in a swift and cost free release from our 14,000 points. Many thanks to Stephen Boyd who advised us in a truly professional, candid and effective way.

We can recommend him without hesitation.

Mr & Mrs S.Timeshare with Diamond Resorts

Having been a timeshare owner with Heritage Resorts for a number of years, due to ill health and advancing age we approached them to surrender our membership to no avail.

Believing the timeshare to be null and void anyway, we approached Stephen Boyd of Athena Law to exit us from this contract. We used his Timeshare Fixed Exit Fee option which worked wonderfully. Within the space of a couple of months Heritage had conceded to our request and terminated our contract. We cannot thank Stephen enough for the efficient service he provided.

We only wish that we had contacted him sooner and saved ourselves the worry of ever increasing maintenance fees and the commitment to a resort we could no longer afford or use

Mr P.Timeshare with Heritage Resorts

Our timeshare was 'in-perpetuity' meaning that the liability past to our children.

Having wasted money on trying to sell through agents and even meeting people who said that by paying several thousands they could take it off us, you soon realise that they all just want your money.

Stephen at Athena Law was a refreshing change, he had a clear understanding of what was possible, comprised a well presented challenge to the timeshare company and then an expedient resolution.

Today we have relinquished the timeshare and could not be happier; tomorrow we can decide where we want to vacation and not be tied into an unfair agreement with previously no apparent way to get out of it.

I cannot recommend Stephen and Athena Law highly enough.

Mr & Mrs V.

Most frequent questions and answers

Can Athena Law help me get out of my timeshare agreement?

We can help you where:

• You have been mis-sold a timeshare

• You have been pressurised into signing a timeshare agreement

• You can no longer afford your timeshare

• You have been sold an unfair contract (including in perpetuity clauses)

• You have become the victim of unexpected and excessive maintenance fees

• The conditions under which the contract was signed have changed

• You have been the victim of a scam company which promised to help you sell your timeshare property.

In addition, where the timeshare has been purchased with the assistance of finance, we may also be able to help with claims made against the bank (or finance company) which provided the loan/credit.

How do I get out of owning a timeshare without getting scammed?

That’s easy, just speak to Athena Law first. Don’t fall pray to companies that promise to buy your unwanted Timeshare or secure your release from your Timeshare contract, often they will want you to hand-over significant amounts of money, only for you to end up right back where you were – retaining your original unwanted Timeshare obligation.

Athena Law’s expert Timeshare solicitors offer a free initial consultation to see if we can help you legally release your Timeshare. So what are you waiting for? Talk to us today for a free, no-obligation assessment.

Can I make a claim for compensation if I have been mis-sold my timeshare?

We find that even though many clients are simply happy to terminate their membership and end any obligations of timeshare ownership, some clients choose to seek compensation too.

Assessment of the prospects of succeeding in a claim for compensation can be complex. Each case is different and the answer will depend on a number of factors including the law governing the contract, what if any allegations you have against the resort and/or finance company, what evidence you have to support them and whether the defendant is able to pay. company.

How do we differ from Paralegal Companies?

With a wealth of experience in this field, and contacts with European lawyers, we can offer detailed advice based on current legislation and your particular circumstances.

We can advise if your case is impacted by recent judgements, and if you might have any possible claim to compensation.

Although rarely necessary in Timeshare litigation, we have the right of audience in court, which a paralegal company does not.

In addition, you might find we are considerably cheaper than Paralegal companies.

I have submitted you an enquiry. What happens next?

As soon as we receive your enquiry, one of our experienced team will be in touch to learn more about your individual situation. All of our team have detailed knowledge of the timeshare industry and will be able to advise you on what your options are.

We will assess your current situation and provide advice on whether we believe your timeshare was unlawfully sold to you. We will also provide advice on whether there are potential grounds for compensation against the timeshare company.

If we believe you have a valid case, we can act on your behalf to legally challenge the timeshare resort to release you from your timeshare contract and start to put together a case to fight for compensation on your behalf.