Today I was looking at some of the news from the past month, it looks like it was an expensive one for timeshare resorts.
The TCA reported a case against MacDonald Resorts Leila Playa Club in Spain, this action was regarding contracts signed between 2003 and 2008. From the TCA article (below) it looks like the courts accepted the illegality of the perpetuity contract, the fact that buyers were not given the information they were entitled to and also that the resort did not comply with the right of withdrawal.
The article did not state the law firm which took on the case but it was finalised on 5th April 2016, with TCA publishing it on 4th May.
In this case the court awarded the client £11,839.22 The court also stated that interest on this sum was to be paid and all costs incurred by the trial. This is another ray of hope for many, it shows that the Supreme Court Rulings are being taken notice of in other courts.
In another part of Spain a law firm which has been mentioned in articles here, has had a tremendous month. The main highlight to the Canarian Legal Alliance month was the payout of Mrs Grimsbo, the Norwegian client who made history with the first ever Supreme Court Ruling. She has as reported on 4th May been paid out over 43.000€.
- April 4 27 600€
- April 11 52 095.72€
- April 14 92 797.42€
- April 21 130 000€
- May 4 43 000€ (Grimsbo)
- May 6 17 000€
On April 26, CLA also had another victory, this time against Palm Oasis, the client in that case received an award of 26 000€. The award in this case was the perpetuity contract and the taking of a deposit within the cooling off period.
This is all in one month, how can the industry sustain payouts like this, all because in the past they thought they could get away with anything. They thought they were untouchable, well we have heard that before, now they are reaping the whirlwind, or is it a Tsunami as one paper put it!
So to finish, congratulations to the clients on your cases, well done to all the legal teams who fought for your rights. If the industry has any sense it would know that the writing’s on the wall, they can no longer behave as though they are lords and masters, that it is you the consumer/member that keeps them going and keeps them in a job.
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