How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask José M. Your Own Question

José M.
José M., Attorney
Category: General
Satisfied Customers: 4751
Experience:  Spanish Attorney
Type Your Spain Law Question Here...
José M. is online now
A new question is answered every 9 seconds

Timeshare disposal-mis selling advicce-breach of contract. In

Resolved Question:

Timeshare disposal-mis selling advicce-breach of contract.

In response to an unsolicited phone call I attended an appointment in Spain to discuss a claim as part of the International timeshare class action. The appointment letter stated:-
during the visit you will be offered the chance to dispose of your ongoing maintenance
fees viaa a Legal Notary

During the meeting I explained my timeshare ccompany Diamond Resorts were offering
conditionally to release members over the age of 75 years from their obligations. The consultants reponse was you would need to get that in writing.I then went on to explain
my greatest concern was my children were named on the documents and if they released
me from the timeshare could they enforce it in my childrens name. The advice given by the consultant it would be better to give them powerr of attorney and let them deal with
the matter.
I foolishly signed the contract paid £2000 up front and visited a Legal Notary to effect the transfer.
A few days after returning home I received a phone call from a solicitor stating who he representing aking me to confirm I was over the age of 75 and could I send a copy of my passsport via E mail I advised I was not competent to do that and explained the company he represented already had a copy, he seemed reluuctant to pursue this avenue.
In a later phone call he asked me to send an E mail to Diamond Resorts asking them
because of my age I would they be prepared to release me from my timeshare. When I
questioned this claiming Ihad passed power of attorney, he reponded that was only a technicallity,Iwas asking too many questions and as the timeshare was in my name
that was the only way they would release it and suggested Ishould look to the future
and let him get on with the task.

Eventually the deeds were returned to me together with a copy of my birth certificate
and I was to forward them to a named person at Diamond Resorts as part of the cancellation processs.

I contend I was Mis sold the service they were offering and they are in breach of contract
by not using the Power of Attorney to efffect the transfer and by charging me £1200 plus
IVA listed inthe scale of charges as resort fees which have not been paid.
My Questions
1. DO YOU CONSIDER i HAVE A GOOD CASE TO TAKE LEGAL ACTION ON THE GROUNDS OF MIS SELLING AND BREACH OF CONTRACT AND COMPENSATION FOR THE STRESS AND WORK INVOLVED.
2.ARE YOU ABLE TO RECOMMEND A COMPETENT SOLICITOR WHO WOULD TAKE THIS CASE ON A NO WIN-NO FEE BASIS.
3SHOULD I ADVISE THE PROPOSED COURSE OF ACTION OUTLINED BELOW WHICH I
INTEND TO TAKE TO THE CONSULTANT PRIOR TO CONSIIDERING LEGAL ACTION.
(A) ADVISE THEE LEGAL NOTARY OF THE WAY THE TIME SHARE HAS BEEN DEALT WITH
NOT USING THEE POWER OF ATTORNEY.
(B)wRITE A LETTER TO MY TIMESHARE COMPANY GIVING THEM PERRMISSION TO XXXXX MY NAME TO THEIR MEMBERS.
(C)PUBLISH THE LETTER ON THE MEMBERS FORUM UNDDER MY OWN NAME
(D) USESOCIALMEDIA NETWORKS AND NATIONAL PRESS TO OUTLINE THE DETAAILS
(C)TAKE LEGAL ADVICE TO EFFECT ACTION AGAINST THE COMPANY.

5 i AM NOW CONCERNED THAT AGREEING TO THE TIMESHARE REFUND ACTION I HAVE ENTERED INTO IS SOMETHING i DO NOT UNDERSTAND AND COULD THERE BE IMPLICATIONS AND COSTS WHICH I AM NOT AWARE .
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi Sir

Attorney3044 :

You have several spanish laws wich may be they are broken

Attorney3044 :

I am sure you have chance to fight in court and win

Attorney3044 :

Abusive practices are forbidden in Sapin with consumers

Attorney3044 :

And I am sure they have abused of you as a consumer

Attorney3044 :

Uk embassy provide lists of speaking english attorneys all spain arround

Attorney3044 :

Check one of them, explain him your case, and cotrct him to fight in court fot your interest

Attorney3044 :

Click in the name of the city and you will get several lawyers names

Attorney3044 :

I will be here if you need more information

Attorney3044 :

Thank you

Expert:  José M. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  José M. replied 1 year ago.

I have seen you have reach my answer

Please let me kown if you got more doubts, if dont, I gently ask you for a good evaluation of my service in order to get paid from the site.

Thank you

Customer: replied 1 year ago.

I AM HAPPY TO GIVE YOU A GOOD RATING IF YOU RESPOND TO


WITH AN OPINION ON THE TWO QUESTIONS IN MYREPLY TO YOU.

Expert:  José M. replied 1 year ago.

Hi there,

For sure I tink you have resons to fight and win

In order to know how to manage I should study all the data of the procedure they had taken

Do not advice them and contract an attorney to manage, if you do it ypurself they are getting time

José M., Attorney
Category: Spain Law
Satisfied Customers: 4751
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18385
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8484
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3296
    DVM, Emergency Veterinarian, BS (Physiology)