Repossessed Weeks
Clear Ruling
If your Timeshare weeks have been repossessed for non-payment of maintenance fees, you should read this:
The Spanish Judicial system has legally obligated Holiday Club to compensate owners who had their weeks repossessed for none payment of their maintenance fees.
On February the 3rd, 2021 the Judge of the no 2 court in the first instance in San Bartolomé, Maspalomas ruled, as expected, the legal inability of the timeshare company to seize any property from a timeshare owner without compensating them financially for the amount of time left on the contract minus any maintenance fees outstanding at the time of unilateral repossession by Holiday Club, plus awarding legal interest.
The client had purchased their weeks in 2004, for which they had paid a total of £55,000. In 2013, 2014 and 2015 they did not use them and so chose not to pay the maintenance fees corresponding to those years. The surprise came in 2016, when unilaterally and with a simple written notification, Holiday Club informed them that their weeks had been repossessed as maintenance fees of £8,406 were owed. The company stated that they had to pay this amount out of their pockets when in reality these weeks are used for exchanges and rental for the profit of the company mentioned.
In the words of Pedro Miranda, chief lawyer of the TRC legal department – It is as if the car dealership where you bought your car from repossessed your car for not paying your insurance for the last 2 years!
In 2019, and after several unsuccessful attempts to reach an amicable agreement with Holiday Club, the client asked the TRC legal team for help, who considered the unilateral repossession actioned by Holiday Club not only lacking in sense but also unlawful. TRC presented a claim for the amount at the request of our clients and the judge agreed and ruled that Holiday Club must compensate the clients with the sum of £33,907, an amount resulting from the time left to be used on the contract minus the unpaid maintenance up until the weeks were repossessed. They have also been awarded legal interest.