Diamond Resort Cala Blanca Gran Canaria exit strategy required please

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Offline Mel

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We have owned two weeks in two bedroom units in Cala Blanca since 1994 and 1995 but due to changing holiday styles and the 'in perpetuity' clause combined with very high maintenance fees of £600 a week we wish to exit our contracts. Following a cold call and brief online information gathering exercise we were invited to a meeting with RA Consultants. They are based in Spain, a property company currently acting as agents for Spanish lawyers recruiting 30,000 timeshare owners to join a class action against Spanish timeshare companies claiming compensation for mis-selling. After providing more detailed information we were told we had a case and could join the class action which has a court date for September 2018. There was no payment up front but we would be entitled to 60% of the compensation paid. After comments from myself that we really wanted to exit our timeshare contract we were offered legal assistance for this at a cost of £6,500, £950 of this to be paid directly and we would have to sign a 'power of attorney document' to enable them to proceed. They guaranteed to get us out of our contract or we would have our money back and requested that we sign a power of attorney document to enable them to proceed. We haven't proceeded with either course of action  but does anyone else have any experience of this company?
We are now considering taking legal action from a Spanish solicitor. If we were mis-sold our timeshares can we claim compensation as they suggested and wouldn't that make the contract null and void anyway?

Offline Raymondo111

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There are lots of Companies springing up offering to help you relinquish your Timeshare some good but a lot of scammers so beware,  you could do this yourself because if your Contract is in-perpetuity your contract is illegal, the decision you have to make is do you want to just walk away or do you want to go through the Courts to get some if not all your money back. There have been many success stores over the last 2 years against the likes of Silverpoint and Anfi who have paid out hundreds of thousands in compensation but their are cost implications, AFAIK you probably wouldn't have to join a class action and I doubt it would cost anything like the figures quoted in your post.

One of the best people to contact is Javier Correa who is a regular contributor on this forum who I believe would look at your case initially for free and then give you an idea of the costs involved if you go the Court route.

Good luck whatever you decide to do.
Ray

Offline Norm de Plume

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Sound Advice.
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Offline jcorrea-lawyer

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Thank you Raymondo111, yes you are right preliminary advice is for free.
Let me clarify some points and then I can deal with Mel privately.

Firstly, If you receive a phone call saying that they are preparing or are in the process of a Class Action and that, for instance, they already have a date set in the process (September 2018??), be cautious and suspect about who is calling you. There are not such a Class Action under the Spanish legal system, only Consumer Associations -that are perfectly regulated- can start a process of that kind and not in every circumstances.

Secondly, those advicers should know that all Supreme Court jurisprudence doesn't apply to contracts signed before 1999.

Thridly, that to cancel DRI contracts is not that easy because they are opposing to claims a so called "lack of jurisdiction question" because contracts contain a submission clause to English Law and to the non-exclusive" jurisdiction of English Courts (usually clause 11) and this has been accepted by some Courts in Málaga and Gran Canaria.
Bringing legal advice on Timeshare matters throughout Spain.
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