Yes you can, if you feel that you were conned you probably were. There are fortunately many routes to making a financial recovery, some of these are directed at the offending resort and others are directed at interconnected lenders inc credit card providers and finance houses.
This is a tricky question and one that we are asked a great deal. Assuming you wish to make a financial claim the answers is it very much depends on which route to claim you wish to pursue. In some cases failure to keep up your maintenance payments will mean you will be unable to make a recovery; even if you have a very strong and compelling case.
This clause is often used by timeshare companies to force or scare owners to keep up there maintenance payments or make a new financial decision involving another purchase. We have many clients that are worried that their estate and ultimately its heirs maybe pursued by the resort after their death. We are pleased to confirm that in most cases this fear can be laid to rest in a straightforward way and this is a service that we provide.
Olton Alexander either directly or through its legal partnerships and associations can run any type of recovery. These include s75 s56 and s140 claims brought under the CCA74, we also orchestrate class or group actions for multiple claimants that share a common complaint. We are currently working with one of our panel law firm members in an action against Barclays Partner Finance for their involvement in the mis-selling of timeshares in the Canary islands. This action has been before the court for 5 years and the trial is soon to begin, there is still an opportunity for certain victims to join this action. We are also able to run a an action against the resort from the UK with this working closely together with our spanish based law panel member.
This very much depends on what type of claim we run on your behalf, in some cases the process of timeshare cancellation is included within action and in other cases the cancellation process needs to be instigated once the recovery has reached a certain stage of the proceedings.
Depending on the route of claim that is best suited to your claim matter the time frames you can expect vary greatly. In general the range is from 6 months to 6 years. Standalone actions are normally quicker and group actions by their very nature take much longer.
In all cases we information from you to confirm what has been said. Precisely what information depends on your claim type, we conduct a thorough analysis of your claim matter and will advise you what is needed thereafter. However in all cases you will need to be able to prove that you purchased the timeshare, evidence how you paid for it and have a compelling complaint.
It is impossible to Gaurantee the outcome of any claim matter, however we can offer guarantees that limit your financial exposure, the cancellation of your timeshare. In some cases we are able to provide specialist insurance to give you further comfort and assurance.
The short answer is None. The longer answer is; once we are instructed to commence action on your behalf we act on a NWNF basis, similarly all of our Panel Law Firm members also provide their services on a NWNF basis. This means that you have no liability for your side of the action, we can offer you ATE insurance (if you do not have legal cover already) to protect you from the other sides costs in the event that we were to lose.
Your claim will be against the interconnected lender, the timeshare resort or both. It could be against the advisor or any related agent. Remember making a claim is one thing and being settled is another, a financial claim is only as good as the party you are claiming against.
Olton Alexander Ltd has always acted on a No Win No Fee basis. We do not charge an upfront fee, we conduct a full analysis of your claim matter to identify if you have a claim and whether in our opinion we can run a successful claim on your behalf. This analysis maybe conducted over the telephone or in person, you may visit our offices by appointment or a home visit can be organised between us. In the event that a route to claim can be identified and you wish to instruct us only then do we invite you to instruct us.
At the time of instruction you maybe asked to pay us an Action Commencement Fee (ACF) this is a relatively small sum but binds us together as a team to recover your hard earned cash. We will also ask you to sign our terms and conditions that set out the entirety of our agreement; this includes our entitlement to share in 33% of the amount that we recover from the action.
In simply terms in the event that you have a claim with solid grounds, after you have paid our ACF and signed our T&Cs you will have nothing further to pay.
Yes you can. It is after all your timeshare. There are however possible detrimental consequences of using your timeshare during the claim period. Obviously it is harder to argue that you are wholly dissatisfied with your timeshare product if you continue to use it; it is not dissimilar to the question used by defence lawyers “why on earth would you continue to make maintenance payments if you wee unhappy with the product?” Clearly there are compelling arguments to counter however without a doubt using your timeshare during the claim period is not our preferred outcome. Indeed in the event that you instruct one of our panel law firm, it is likely that at some stage in the proceedings they will seek you confirmation that you will cease any timeshare use.