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Martin Lewis

no win

Timeshare Claims Companies and No Win No Fee

On 5 March, Inside Timeshare published the article about Aspirantco SL, we have been reliably informed of inaccuraccies in this article, which was based on information received from sources we believed reliable.

Inside Timeshare would like to put the record straight. Carl Alan Jenkins and his company Aspirantco SL are nothing to do with Silverpoint or Mark Cushway.

Aspirantco SL are now the official marketing company for Excel Resorts, which is the management company for all the properties in the former Silverpoint portfolio. Excel Resorts cancelled the contract with Silverpoint and Mark Cushway for the sales and marketing of the resorts.

Centaurus Mediations is linked to Mark Cushway and Silverpoint companies.

Carl Jenkins was the former second in command for Mark Cushway, but he resigned as he did not agree with the sales and marketing practices that were being used by Silverpoint. His company Aspirantco Sl are endeavoring to readdress the past mistakes and operate within all legal boundaries.

Inside Timeshare apologises to Carl Jenkins and Aspirantco SL for the misleading information published in the article. Inside Timeshare should have made more stringent checks on the sources. We hope that Carl Jenkins accepts this written apology.


Today’s article is in response to many enquiries that Inside Timeshare receives on an almost daily basis, it centers around the promise of no win no fee claims.

From the many companies now operating in this field, especially since the Spanish Supreme Court ruled that many contracts sold in Spain are illegal, this has become a growth industry.

Firstlly, if you purchased or upgraded an original purchase in Spain since 5 January 1999 and your contract has the following, then you may just have a valid claim:

  • The contract is for a duration of more than 50 years, what is usually known as perpetuity;
  • You have been sold either floating week or points systems, (in many cases this may include fractional);
  • You paid a deposit or even the full amount within the 14 day cooling off period, (in some cases this may be extended to 90 days).

In order to claim it has to be done through the Spanish courts and legal system, this will mean employing a lawyer or law firm with the relevant experience in this field. Not all lawyers will have the correct knowledge of the laws involved.

For example Inside Timeshare knows of one German owner who took on the services of a German Lawyer based in the Canary Islands, to file a claim against Anfi. Unfortunately this particular lawyer wrongly informed his client to stop paying the maintenance fees. Eventually the case went before a judge at the Court of First Instance in Maspalomas, he lost the case. It was deemed that because he had not kept up his maintenance fees he was in breach of contract and his membership had been cancelled.

So what is involved in taking out legal action in Spain?

Once you have found a reputable law firm or lawyer with the correct experience, all contracts will have to be translated into Spanish.

A Power of Attorney will need to be signed to allow the lawyers to act on your behalf. This is not a full Power of Attorney and is only applicable to that case. It can be done either in Spain or at a notary in your own country.

Once this has been done they are then sent to the assigned lawyer for case preparation.

They will then be passed to a Procurador to file at the court along with the relevant court fees and taxes. A judge will then be assigned and the process will start.

For this to be put into place legal fees are required to be paid, these cover all of the above and are payable either in full or can be paid by installments depending on the firm or lawyer you instruct. They do not work on a no win no fee basis.

There are so many companies now that are telling owners that they have a claim and will do this on no win no fee. Then comes the crunch.

In order to do the claim a rather hefty amount of money will need to be paid to cancel the timeshare, or what is known as relinquishment and then the claim can be lodged. In some cases the client also has to buy into another product.

The problem is once a contract has been terminated then no claim can be filed at any Spanish court, so where and how is the claim going to be done?

section 75

The most common is through Section 75 of the Credit Consumer Act 1974.

Unfortunately most owners will have purchased more than 6 years previously, which most card companies use as the cutoff point. Also the fact the owners will have most probably used their timeshare in the period since they purchased.

So the timeshare resort or company will quite rightly state that the owner had received the goods or service they had paid for, after all they have taken the holidays.

Section 75 will cover:

  • Not receiving the goods or services paid for.
  • The company has gone into liquidation.
  • Faulty goods or goods not fit for purpose.

It does not cover the fact that you were sold a timeshare product that has been deemed an illegal contract in Spain.

As for timeshares purchased elsewhere, the same would also apply under section 75.

For information on what is involved in a section 75 follow the link to the Martin Lewis website:

There are some UK firms that will offer a claim through the Spanish courts on a no win no fee basis, which may be genuine, these will use what are known as litigation funding. In essence these are companies that speculate on the probability of a win and will invest the funds to pay for the legal services. These will result in at least 40% of any funds awarded being taken in commission. Many of these types of litigation funders are used for class actions.

If you are tempted by these type of offers, one thing should be taken into account, an insurance policy should be purchased to cover any costs in the event of losing and being awarded the other sides costs, or you could be in for a bill of thousands.

There are some very basic questions you need to ask, if they are unable to provide any answers then you do need to think very hard in accepting their offers.

  1. What type of claim are they doing, is it a section 75 or are they using the courts?
  2. If they are using the courts, which jurisdiction are they using?
  3. What are the names of the lawyers including bar association membership numbers or the law firms they will be employing?
  4. If on a no win no fee basis, how is the court case to be funded?

Remember, not all timeshares sold will be valid to make a claim, off course the company talking to you will tell you that you do have a claim, after all they are sales people after your money.

It is also fair to point out that many law firms only offer no win no fee for injury, accident and medical negligence claims, these are where the client is going for compensation. With timeshare claims you are not getting compensation, but the return of money originally paid for a contract that is deemed illegal.

If you have been contacted by any company offering any of these services and would like to know the truth behind what they are saying, contact Inside Timeshare and we will give you an honest answer.

Want to know if a company or law firm is genuine again contact Inside Timeshare, don’t forget, doing your homework will save you in the end.



Claiming Money Back From Your Credit Card.

There is a little tool that many people can use to get money back from companies they have paid, then never received the goods or services paid for. It is called Section 75 of The Credit Consumer Act 1974.


The law was put into place as protection for the consumer, it is not a case that your credit provider is doing you a favour, they are equally liable for the money if anything goes wrong. There are certain rules that govern this, provided you have paid using your credit card any sum over £100 you are covered for the full amount up to £30,000, even if you paid the balance by cheque or transfer.


Where I have seen this has been mainly in the holiday ownership area, mostly with resale companies. How many of you have paid a company to sell your timeshare only to find that in a year’s time they have disappeared?



If this is the case you can claim this back from your credit card company, as they are  “jointly and severally liable”. The criteria for this claim is you have never received the goods or services promised, i.e. the sale of your timeshare. The company is no longer around or has gone into liquidation and or it was a fraudulent transaction under timeshare directives. This last point is using the EU Timeshare Directives about resale companies taking upfront fees, this is not allowed, the same as taking deposits within the cooling off period.


Many companies get around this by saying it is a marketing fee, in order to put your timeshare on a higher profile. Even RDO & TATOC members use this. To me it is still taking upfront fees to sell your timeshare. But this is obviously a point for those with legal brains to argue. At the end of the day there is no resale market, just look on ebay, people cannot even give them away.


Another area that section 75 has been successful, is with the various holiday clubs that have been around. Several years ago Incentive leisure Group / DWVC and Club Class were taken out of business by the authorities in the UK. Many people had paid thousands to join these so called clubs with the view of being free from their timeshare and maintenance.

Keep Reading


How do I Find a Genuine Firm?

This is a question I am asked frequently, there is no simple answer. It is a matter of doing your homework, finding out where to look and how to look. The internet has made this easier, the only problem is which sites are genuine and which are not.


Firstly, let´s take a look at small claims companies, these are the ones you may be familiar with doing PPI claims. There are many such entities around, they tend to be using the Credit Consumer Act 1974 Section 75 as a way of reclaiming your money. There have been many pop up around the timeshare industry over the years. Many originated around the time that DWVC was in the spotlight and being closed.


A general rule is that section 75 can be done by yourself, Google it and the first two items will be Which and Money Saving Expert. The latter is run by Martin Lewis. Another source of help is Citizens Advice, or even your own bank.


Both these sites explain what the act is and how to go about claiming. Both have an extensive archive of template letters, they are easy to use, replace the markers with your information and the reason for your claim. Generally this will be not receiving the goods or services paid for or promised. Another general claim is the company has disappeared. This particular claim is one I have been involved with in the past, usually from bogus resale companies.


If you get a company to do it for you, many will work on a no win no fee basis. But remember when you do have a successful payout it may cost upwards of 40% of your claim.


Most legitimate companies will be registered with the Financial Service Authority, some may even be registered with the Ministry of Justice (Claims). These registrations depend on the type of work they do, but obviously they are the ones to investigate further.

fsa logo

Law firms, this should be the easiest, but how many people have been taken in by slick operations and websites?


Genuine Law Firms will be registered with the relevant authorities, in the UK it will be the SRA, these can be checked using Bar Registration Numbers. In Spain I use a website reddeabogados, they have made it a little more difficult to use than I remember. Again use the Bar Association Registration Numbers. All practising lawyers must be registered with their bar association. Using Spain as an example, a lawyer working in Malaga will be registered there, a lawyer in Barcelona will be registered in that city.


If you are looking to find a lawyer to represent you in another country, a good first stop is the British Consulate for the area the lawyer is in. You can also go to the Embassy or Consulate of the specific country to check. In the world of timeshare doing this just diligence is the most important step you can make. It is the difference between losing thousands or getting the result you wanted.

One reader has sent in a comment which will be of use. There are some European Lawyers that are registered with the UK SRA as “Registered European Lawyers”. You can ask to see their certificate of registration, if they are registered then you can be sure the SRA has checked their qualifications. (See comments for the full version 04/05/16).


Inside Timeshare can help begin the process of research, if you have been contacted or are looking to contact any company and wish to know how to check them, we will help. Inside Timeshare can also put you in touch with various companies depending on your problem. We will also offer any advice if you wish to make a section 75 claim, showing where to get any supporting evidence.


Remember, do your homework and stay safe from the sharks!