Timeshare Advice for British Consumers
Many consumers are cold called which is classed as an unsolicited approach. The cold caller generally offers either a timeshare termination service or a compensation claim. Cold calling is not an acceptable way of getting clients and the practise is classed as unethical. By way of example, you know your doctor does not cold call offering medical advice, nor will you expect a surveyor to tell you many houses suffer for problems and that you should have a survey done now.
In all cases a cold caller may have some knowledge and be right in some of the advice tendered regarding the possibility to make a claim, however this does not mean they are able to give legal advice or are qualified to deliver any case in the UK Spain or the like.
In many cases, a slick advisor calls you, then appears at your home in an attempt to get you to pay what are considerable sums for services yet to be delivered. This is called Pay Upfront. This is very dangerous, especially in this climate. You must first seek advice, then consider it and happy to do so, instruct either a solicitor in UK or a lawyer with regulated connections abroad.
Legal services should never be sold, never be promoted and never be encouraged.
The other issue is the cost of assisting you ending your timeshare obligation. This work will involve writing a letter to the resort you are a member of and giving them the legal reasons why you are allowed to terminate the contract you are bound to. These letters are quite lengthy as the law has to be put to the resorts and reasons given as to why the timeshare they sold, was mis-sold. Furthermore, why the club you became a member of, has acted either contrary to good faith or oppressively. The general cost of this service is between £900 and £2,000 (plus vat) and is dependant on which product was bought. If you are being charged any more, you should ask for a detailed breakdown.
Many unregulated companies write these letters without your approval. This is bad practice and you must have sight of the letter and approve every other letter sent out on your behalf.
How much does it cost to deliver a timeshare compensation claim?
Claims between £0 and £10,000 (you are unlikely to recover you costs). Costs will be around £3,500.
Claims between £10,001 and £25,000 (you are likely to only recover between 60 and 70% of your costs). Costs will be around £10,000.
Claims over £25,001. The costs are variable and dependant on the complexity (cost recovery on a successful claim is likely to be in the order of 70%).
Note ‘excluding counter claims and subject to early part 36 offers’.
Claims costs in Spain are usually fixed and are dependant upon the value of the claims - 20% of the claim value is the norm. Costs recovery are not mandatory and will be dependent upon a court grant of costs.
Many purported sellers of legal services offer indemnity schemes and suggest their services are warranted - this is nonsense as most are frauds and they indemnify nothing or are caveated to such an extent that it's digressionary and subject to the later consent of a director of the firm who sold you the service.
Should you be told that they know a man that can, or will refer you to other lawyers, you will be paying for their selling service and they might never send your case to be actioned. Furthermore, the feeder salesman might send it to an unscrupulous lawyer that has been struck off or even recently come out of jail for crimes against consumers. I have to say, it’s very dangerous when seeking assistance from timeshare lawyers as most are untrustworthy and deliver dangerous services and advice.
If you find yourself in the position of being confronted by a salesman, they will tell you not to deal with the real lawyers and trash them so as to blight your decision-making process. They will then sell your details to others or exchange your data so another unscrupulous salesman can have another pop at trying to sell you a service. If you have any doubts, then all the other advice they give is equally ‘shady’ and should not be trusted.
Solicitors in Timeshare Matters
Solicitors have also been infiltrated and some use the services of ex timeshare salespeople to sell their services at inflated prices. Moreover some salesmen are in the background and are assisting the solicitors as business advisors. These solicitors are very dangerous, despite being regulated. The signs that you are speaking with a bad solicitor is simple, as all you have to do is check their disciplinary record which you can do here.
UK solicitors have a right of audience with UK courts and swear allegiance to the UK courts. That said they have no rights of audience in Spanish courts nor any other continental dispute arenas.
Websites can be likened to a shop window - they all deliver information into the public domain and to temp you to be a client. This is natural, so you should at all times check out what is being said by accessing the ½ hr free advice service being offered.
You can find proven legal experts on this web page - many will assist with free advice and on matters they are experts in see here.