Our story: ECC winter newsletter 2018 timeshare claims update and Spanish court victories
Welcome to ECC’s Winter Newsletter (2018)
Following our Autumn newsletter, our legal associates have achieved a number of positive outcomes for our clients, with several cases successfully concluded.
In most cases, contracts have been deemed null and void because they did not meet Spanish timeshare legislation requirements. Issues included contracts in perpetuity (terms exceeding 50 years), points-based products, floating time, fractional arrangements, taking a deposit during the cooling-off period, and failing to provide the required pre-contractual information.
Here are some recent results:
1: Appeal Victory – Club La Costa
After an initial court decision that the case did not fall under Spanish jurisdiction, our associate Spanish law firm, M1 Legal, appealed and the decision was overturned by the Malaga Court of Appeal. The defence argued the claim should not be heard in Spain, stating that the contract fell under English law. The appeal judge ruled that the contractual party – Club La Costa (UK) Sucursal en España – is a Spanish entity, and the case should therefore be heard in Spain.
All cases with the above contractual name are now being re-submitted to the court of first instance. M1 Legal can also confirm receipt of four further jurisdiction victories against Club La Costa involving the same contractual party.
2: Appeal Victory – Anfi Resorts S.L.
The court of first instance issued a judgment ordering Anfi Resorts to refund £19,607 plus interest, and declared the contract null and void.
Anfi Resorts appealed, and we are pleased to report that the court of appeal in Las Palmas de Gran Canaria upheld the original ruling. This means M1 Legal has secured two court wins for this client.
3: Victory – Silverpoint
It was found that the Silverpoint contract was in perpetuity, meaning there was no disclosed end date.
The judge ruled in favour of the client and ordered the contract to be deemed null and void. Silverpoint has been instructed to pay £22,000.
November Results
In November alone, M1 Legal secured victories for claims against Anfi Group totalling £61,000. All contracts were deemed null and void, with most identified as being in perpetuity (no end date).
A further £36,914 was awarded to clients against Silverpoint & Lion resorts.
Current Ongoing Cases
430 cases in the Spanish courts.
232 cases are being prepared for submission to the Spanish courts.
936 cases prepared to be processed in the UK courts.
In the Media for the Right Reasons
On the TV
Our Sky News TV campaign, featured on Sky News, Sky Atlantic and Sky Discovery, has received over 265,000 views on Facebook alone – you can watch our TV campaign here.
In the Papers
Company News
Meet Our Team
New Offices in Manchester, Dartford & Peterborough
Due to recent expansion, we have added to our network of offices.
We have recently opened new branches in Manchester, Dartford and Peterborough, making it easier and more convenient for anyone who would like to meet one of our Senior Account Managers.
For a full list of our current office locations, and to find out which is most convenient for you, click here.
Our Associate Spanish Law Firm M1 Legal Is Expanding
New Members to the Team
Sofia Solano Diaz
LAWYER
Sofia has been a practising lawyer since 2010 and specialises in procedural and civil law. She also provides legal advice on timeshare rights.
Marta María Jiménez
TRANSLATOR / LEGAL ASSISTANT
Marta has a Bachelor’s degree in translation and interpreting and more than six years’ experience as a Translator and Legal Assistant.
Maria Luisa Gonzalez
LAWYER
Maria is a practising lawyer specialising in procedural law, civil law and consumer rights law. She also provides legal advice regarding timeshare rights.
We are very excited about what 2019 will bring as we continue to grow. Please note that our offices will close for the festive season on Friday 21st December, and we will re-open on Wednesday 2nd January.
From all of us here at ECC, we wish you and your families a happy Christmas and a prosperous New Year.
Make 2019 the year to share YOUR story
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