Before Starting a Claim
There are many timeshares reclaim companies; some professional and competent and others that are not. Before deciding to start a lawsuit, it is advisable to take measures to avoid any unpleasant surprises. Do not sign anything or advance any monies if you are unsure of the legitimacy of the Timeshare claim company.
What to do before starting a claim?
Make sure your contract is reclaimable
Make sure that whoever is going to take your case is a Spanish law firm, or a lawyer licensed in Spain
Make sure that the company to be claimed against still exists, or that there is a legal link between its managers and other active companies
Make sure that the company to claim against has sufficient assets
Do not make any payments until you have received a draft of the “power of attorney” document
Ask for a copy of the legal document “admission to process”
Most common bad practices
No Win No Fee
You can get double your purchase price plus double the deposit paid
Appeals not included in the management contract
Insolvent companies or companies with a registered office in an offshore tax territory
Initial payments higher than 20%
Demands not filed 20%
How long will it take to receive the funds once the sentence in favor is obtained?
After the final court case is sentenced, the funds can take a further 4 to 6 months to be collected.
How will I know what the status of my claim is?
During the whole process you will receive constant information on the progress of your claim.
Do I still have to pay my fees during the process?
During the whole process all of the fees such as maintenance fees etc… must be paid and you will still have the use of your weeks.
How long will the court case take?
The court case can take anywhere between 15 to 24 months in the 1st instance.
What Documentation will I need?
Copies of your original contracts with the resort
Copy of Passports with Apostille of all the owners of the weeks
A Power of Attorney that can be prepared in Spain or in your home country ( document provided by TRC)
Detailed explanation of the entire process of your claim