I cannot invite you to contact me for more information or I will be in breach of the posting rules on this site - but this is information that many Spanish timeshare owners ought to know.
If you own a Spanish timeshare - i.e. the selling company is a Spanish company (whose name ends in SL) OR potentially you bought from another company but while you were on holiday in Spain (including the Canaries and Balearics) and/or you paid any part of the purchase price while in Spain OR your timeshare contract references a Spanish timeshare resort, even if you have points and have never actually visited your home resort
AND
If you bought after 5 January 1999 when Spanish timeshare law 42/1998 came into force
AND any one or more of the following applies:
- your contract is in perpetuity - i.e. states that it is unlimited in time or does not state an end date - or has a duration of more than 50 years
- your contract does not specify an apartment and a date when you are entitled to occupy it, i.e. you have a floating week or points contract - basically you bought the right to make a phone call and try and book
- you paid any part of the purchase price within the 14 days 'cooling off' period - even if you paid to an 'independent ' third party or trustee company rather than the timeshare operator
YOU COULD HAVE A CLAIM!
This means you could apply to the Spanish Courts to have your contract declared null & void, recover the whole purchase price, in some cases double the purchase price if you paid within 3 months of signing a defective contract, and possibly claim back all your maintenance payments since you bought. Your claim will also include legal interest and your legal fees.
It sounds too good to be true but it is true. the Spanish Supreme Court has issued at least 15 decisions since January 2015 enforcing a Spanish timeshare law that has been in effect since 1999. OK - they took their time, but they got there in the end.
I am the Secretary of Anfi UK Members' Club - you can check me out on LinkedIn - see Julie Jordan - a retired UK solicitor and I am leading a project within our club to support members who want to make claims. We identified a Spanish law firm, recommended to me by a former professional colleague, whose senior partner is registered as a European lawyer with the UK SRA and who employs native English speaking staff, who could support our members. That law firm is now expanding its timeshare claims practice beyond Anfi UK members to include owners at other Spanish timeshare resorts. They provide FREE NO OBLIGATION timeshare contract assessments, an opinion on your chances of making a successful claim, a valuation of your claim and a fixed fee quote. NO PAYMENT until you make the decision to go ahead.
106 of Anfi UK members are now making claims against Anfi Group companies based on these Spanish Supreme Court decisions. We filed our first batch of 56 claims at the end of October 2015 and they are now going through their pre-trial reviews in the Courts in Gran Canaria. The first of our claims is listed for a full hearing on 5 September 2016. In Spain if you win at first instance, cf the UK County Court, you are entitled to be paid the amount claimed EVEN if the respondent appeals the decision. The money must be paid with 20 working days of the Court decision or the claimant has the right to apply to the Court to execute the judgment. The Court has wide powers to freeze the assets of the respondent until they do pay you - including their bank accounts. This means that they cannot operate their business unless they pay you. We fully expect our members whose claims are heard in the autumn of 2016 to be paid before Christmas.
I have a claim too. I bought my Anfi floating week timeshare in 2005 for c £12,500. I paid the full purchase price within 3 months of signing the contract and I have paid on average €500 a year maintenance since 2006. My claim, which was converted to Euros when it was registered at Court in October last year is worth c €38,000 + legal interest AND I expect to receive back my legal fees when the claim is concluded.
If you own a Spanish timeshare - i.e. the selling company is a Spanish company (whose name ends in SL) OR potentially you bought from another company but while you were on holiday in Spain (including the Canaries and Balearics) and/or you paid any part of the purchase price while in Spain OR your timeshare contract references a Spanish timeshare resort, even if you have points and have never actually visited your home resort
AND
If you bought after 5 January 1999 when Spanish timeshare law 42/1998 came into force
AND any one or more of the following applies:
- your contract is in perpetuity - i.e. states that it is unlimited in time or does not state an end date - or has a duration of more than 50 years
- your contract does not specify an apartment and a date when you are entitled to occupy it, i.e. you have a floating week or points contract - basically you bought the right to make a phone call and try and book
- you paid any part of the purchase price within the 14 days 'cooling off' period - even if you paid to an 'independent ' third party or trustee company rather than the timeshare operator
YOU COULD HAVE A CLAIM!
This means you could apply to the Spanish Courts to have your contract declared null & void, recover the whole purchase price, in some cases double the purchase price if you paid within 3 months of signing a defective contract, and possibly claim back all your maintenance payments since you bought. Your claim will also include legal interest and your legal fees.
It sounds too good to be true but it is true. the Spanish Supreme Court has issued at least 15 decisions since January 2015 enforcing a Spanish timeshare law that has been in effect since 1999. OK - they took their time, but they got there in the end.
I am the Secretary of Anfi UK Members' Club - you can check me out on LinkedIn - see Julie Jordan - a retired UK solicitor and I am leading a project within our club to support members who want to make claims. We identified a Spanish law firm, recommended to me by a former professional colleague, whose senior partner is registered as a European lawyer with the UK SRA and who employs native English speaking staff, who could support our members. That law firm is now expanding its timeshare claims practice beyond Anfi UK members to include owners at other Spanish timeshare resorts. They provide FREE NO OBLIGATION timeshare contract assessments, an opinion on your chances of making a successful claim, a valuation of your claim and a fixed fee quote. NO PAYMENT until you make the decision to go ahead.
106 of Anfi UK members are now making claims against Anfi Group companies based on these Spanish Supreme Court decisions. We filed our first batch of 56 claims at the end of October 2015 and they are now going through their pre-trial reviews in the Courts in Gran Canaria. The first of our claims is listed for a full hearing on 5 September 2016. In Spain if you win at first instance, cf the UK County Court, you are entitled to be paid the amount claimed EVEN if the respondent appeals the decision. The money must be paid with 20 working days of the Court decision or the claimant has the right to apply to the Court to execute the judgment. The Court has wide powers to freeze the assets of the respondent until they do pay you - including their bank accounts. This means that they cannot operate their business unless they pay you. We fully expect our members whose claims are heard in the autumn of 2016 to be paid before Christmas.
I have a claim too. I bought my Anfi floating week timeshare in 2005 for c £12,500. I paid the full purchase price within 3 months of signing the contract and I have paid on average €500 a year maintenance since 2006. My claim, which was converted to Euros when it was registered at Court in October last year is worth c €38,000 + legal interest AND I expect to receive back my legal fees when the claim is concluded.