We are here to help you with your property related contractual legal problems.
Through our long relationship with lawyer Rubén Padron from ‘Servicios Jurídicos Especializados’, a company that provides legal service for our clients, we can provide legal services to claim against mis-sold contracts such as off plan properties, timeshare purchases and investments.
As you might be aware there has been a lot of unfair trading in the timesharing industry for the last two decades, where many Timeshare developers have not followed the ‘European Legislation and Rules’ that where bought into force for the sale of these products since January 1999.
- A New Legal Problem
- Rubén Padron Lawyer
- Claim Criteria & Duration
- Presenting The Case To Court
- Can We Help You?
Timeshare companies have begun to move their assets or apply for insolvency to avoid refunding clients.
As a result of the 1999 Timeshare law, many of the companies that mis-sold Timeshare products have been under increasing pressure from consumers who have been challenging their contracts in court, where the majority of verdicts have been in the favour of the claimants.
This in turn has led to companies having to fully refund the consumers in question. More and more consumers are now following suit which is adding to the pressure these companies are feeling.
Following this trend, we have observed that many of these companies have taken action to safeguard their assets and revenues by moving funds to umbrella companies and even applying for insolvency.
This causes a problem for claimants, as claims must be presented to the court in a different and more specific way in order to get a favourable verdict. It is now more important than ever to have the right legal help to guide you through the process.
Our long-time business partner Rubén Padron, will be your lawyer and present your case.
Rubén Padron is the owner of 'Servicios Juridicos Especializados' and is a specialist in civil court cases presented to mercantile court, where the company being claimed against have applied for insolcency.
Rubén has been practicing law in the Canaries for nearly thirty years and along with his associate Sara Camacho Gobea, he will represent you in court and process your claim from start to finish
Cases that are taken to the civil court are straight forward to present if all the documentation is in relation to your purchase(s) is in order. Time frames for these cases are usually 18 to 36 months.
The following criteria are guidelines to qualify for a claim against your past purchase:
- Only Timeshare in the ECC/Spain signed after 7th January 1999 can qualify for a claim.
- If your contract does not define a specific ownership for example floating week(s), investments schemes or points it can qualify for a claim.
- You paid a deposit within the “cooling-off period” or paid any money or balance within 90 days of agreeing the purchase.
- Any investments where the contract offers the clients rental income and was not specified as a timeshare purchase.
If any of the criteria mentioned applies to your contract, contact us to see what legal rights you have to present a claim.
If your contract does not apply with any of the criteria unfortunately there is no way to proceed with your claim but we can however legally terminate your contract where you will have no future responsibilities to make any payments.
The claim process will make you an official creditor of the insolvent company.
When your case is presented to court the criteria is the same as a civil case. The difference is a judge has to review your documents to determine they do not comply with 1999 European Legislation. If the judge believes this to be the case, you will become an official creditor.
From then on it is the responsibility of the official administrator to deal with the distribution of all company assets fairly.
In some cases where companies have moved assets to the other entities to hide them, investigations are made to find these assets to ensure they are available to official creditors.
This is the responsibility of the official administrator who will find and seize any assets moved and ensure that creditors are refunded using these assets, meaning that more funds are available for all creditors.
If certain criteria applies to your contract we can help. Even if it doesn't, we can still help by terminating your contract.
If the criteria contained within this section applies to your contract, we can help and are happy to provide a free consultation.
If the criteria within this section does not apply to your contracts, we can still help by terminating your contract with the company.
Rubén Padron - Lawyer
The lawyer we are partnered with, Rubén Padron, is a respected member of the law community in the Canary Islands and Spain. He is the founder and owner of Servicios Juridicos Especializados and specialises in pursuing civil cases which involve companies which have declared insolvency.
Read our Due Diligence information to find out about the legalities, FAQ's and general information about the process.
Due Diligence is an important part of business and legal processes. We ask you to do your Due Diligence and read our information document before contracting our services.
We want you to feel confident in using our services and also know any payments made to us are covered by Credit Card protection law.
We have prepared a document for you to read and educate yourself about the processes we follow.
It contains information on the legal processes, FAQ's, Credit Card insurance for your protection and our official incorporation document of our limited company.
+34 658 155 811
Avenida El Guincho 4
38639 San Miguel De Abona
Santa Cruz De Tenerife