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José M.
José M., Attorney
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Experience:  Spanish Attorney
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Timeshare disposal-mis selling advicce-breach of contract. In

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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 .

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

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 4 years 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.

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. and other Spain Law Specialists are ready to help you

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