Start the Week

December is now upon us and the courts will be having a last flurry of cases before the Christmas break. It is also the time of year when maintenance bills are being received and with this, there will be an increase in calls offering termination of your contracts. It is also the time when those who paid for these services will find that their timeshare has not been terminated and they are still liable for the maintenance fees. Inside Timeshare has been receiving many more enquiries regarding this and one of the main complaints is about ABC Legal.

As we published last week the story of two of our readers who are now being chased by a debt collection agency hired by ABC Legal and Mark Rowe, CCI Credit Management Ltd. We have since heard from another reader who is also being chased by them for payment of the fees to terminate their timeshare.

The timeshares have not been terminated by the timeshare company despite the protestations of ABC Legal that they have been. Our reader has demanded written official proof from ABC Legal to show that they did engage with the timeshare company and terminate the contract legally and formerly. Nothing has been forthcoming.

In each case, the letters demanding the clients pay ABC Legal Ltd, Abc Lawyers Ltd (both of these are in liquidation) or Advanced Business Consultants SL for the termination services has the following paragraph:

b) receipt by you of a letter from us stating that we consider that, in all of the circumstances, including the legal context and any legal notices served, that the Resort Owner is likely to treat the Timeshare Contract in effect as if it had been terminated (though in fact it has not been formally terminated) and that in our opinion the Resort Owner is unlikely to take any legal action against you. 

This paragraph is very contradictory, on the one hand they say the client will receive a letter from ABC that they consider the contract terminated, then they actually state in brackets that “though in fact it has not been formally terminated”. So the question is if it is not formally terminated how can it be terminated?

Surely the timeshare company would write to the member on official company letters that the timeshare is terminated and that the member should return all membership certificates?

The next telling part to show that ABC (Mark Rowe) does not, in fact, terminate contracts but rather tells the client to just stop paying the maintenance, that the timeshare company is “Unlikely in their opinion (ABC) to take legal action for any arrears”.

Well, we do know for the most part that this is untrue, many timeshare companies will chase for arrears in maintenance, most will not deal with companies such as these for termination. They will, however, deal direct with the member.

To us, at Inside Timeshare, this is blatant bullying by a company and owner who is well known for fleecing unsuspecting timeshare owners of their hard-earned cash. If you have dealt with any company such as this then please contact Inside Timeshare and we will point you in the right direction.

News also came in late on Friday that a German client of Canarian Legal Alliance has now received a payout from Anfi into their account. They have now received 27,753.96€ plus legal fees and legal interest, their contract was also declared null and void, so another happy ex-Anfi owner.

Did you purchase your timeshare after 5 January 1999, did you pay any deposit within the 14 days cooling-off period, is the contract for a duration in excess of 50 years, does it contain floating weeks or points or is a fractional or company participation scheme?

If you can say yes to one or more of these, then you may have an illegal contract and have the right to make a claim, then please use our contact page for more information on this or any other timeshare matter.


2 Comments

  • Don Berry-Graham

    December 3, 2019

    Does this apply in Canada and the US and if not how do we get this kind of protection?

    Reply
    • Timeshare Insider

      December 3, 2019

      Hi Don, unfortunately, it does not apply to the US or Canada, it is only applicable in Spain. Spain has the strongest laws in Europe regarding how timeshare is sold, it gives the consumer massive protection. Although all EU countries should place the EU Timeshare Directive into their laws, Spain went even further and made them stronger. All these cases involve timeshare sold after the law came into place and the timeshare companies just ignored them believing they were untouchable. Once all sales follow the law as laid down we will see an end to these cases. Your own National Governments need to do something to protect consumers and enact similar laws.

      Reply

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