Who's Delivering Results in Timeshare Litigation?

TESS LAW & ATHENA LAW

We report again on the efforts of both Tess Paralegal Services Ltd and Athena Law who are two impressive Timeshare law firms operating in UK. When considering timeshare compensation and litigation, both have long and good track records in delivering successful claims in the UK.

It’s believed TESS is ramping up its operations and focusing on the many companies who (in their opinion) are operating contrary to the public interest and causing consumers financial peril. As a result, TESS has shifted some of its resources and are receiving tributes from the authorities, they assist. Operating in this arena, receives stiff opposition and from those whom TESS investigates and pursues. In rebuttal, some rouges litter the internet with adverse comments and condemnations about TESS in order to dissuade people from consulting with them.

In TESS’s resent history, they have pursued many Timeshare resorts, shut some unlawful sales decks down and been involved in supplying core information regarding both private and public criminal prosecutions. At present TESS is prosecuting many timeshare resorts, fake law firms and with partners they are to-date very successful.

TESS are also now regulated by the Financial Conduct Authority and are member of tetli.

In respect to Athena Law, they are a firm of regulated Solicitors and work on many of their own Timeshare cases, independently of TESS. Athena assist Timeshare consumers and to deliver bespoke cases into the Financial Ombudsman Service and the courts if the provision of credit features in the Timeshare Transactions. They also assist in the termination of Timeshares contracts and act as an agent when their clients are confronted with international timeshare issues.

History

TESS is headed by Mr. David Cox and they operate from Lytham St Annes in Lancashire whilst Athena Law operates in Manchester, has a variety of Solicitor partners delivering an abundance of resolutions for corporate and consumer clients. When dealing with Timeshare problems - leading the timeshare claims department is Mr. Stephen Boyd.

In many instances, the services offered by both TESS and Athena overlap accordingly, they often find themselves prosecuting the same type of cases. Guided by proportionality and a beneficial need to share information, both TESS and Athena sometimes work together, join forces and in order to place before the courts, large similia - fact - cases.

We are informed they have jointly set up other assisting enterprises including ‘The Timeshare Association’ and regular give free seminars. Both enterprises give primary and on point advice to enquiring consumers and when giving this initial advice no fee is charge and no obligation is expected.

In the latter part of 2016, the minds of both TESS and Athena Law converged on a case involving the mis-selling of ‘Leisure credits’ – which is a new breed of holiday product and a product much complained of. When the totality of the complaints surfaced, TESS carried out an investigation which concentrated on the nature the product, the matrix of Companies (under common ownership) the selling process, the product sold, and the elaborate vice which consumers were exposed to.

TESS presented its finding to Athena and together they developed the heads of claims. TESS shared all its information with the authorities who after considering the presentation, elected to criminally investigate the sellers. After initial investigation, the culprits were arrested, and the criminal case is proceeding but contested.

The Claim

At present, over 400 consumer litigants are represented by TESS and Athena, all seeking civil damages from the various banks who assisted them with the provision of credit to buy the product being sold. In order to deliver the cases for adjudication, TESS and Athena elected to litigate the claims in the various tracks of the court service, claiming a return of the sums paid, 8% interest on the sums lost and the payment of the timeshare maintenance fees that clients had incurred to date.

The claims were approximately valued at £7,000 each, however, on account of good research and on point pleading, the damages being returned is now averaging £8,300 per claim which converts to an increase of 18.57% over and above what was projected. The totality of the collective claims is now estimated at £3,320,000.

To assist, the consumer litigants in delivering the cases, TESS sort and obtained litigation funding for each client and this funding was provided by Litigation Claim Funding Ltd [LCF] a small yet dynamic litigation funder who works with TESS. LCF is also known to have invested funds in many Spanish Timeshare cases and are supporting consumers who are collectively seek over £12 million in damages.

M1 LEGAL

The table below is a summary of legal cases which have been undertaken against individual timeshare companies over the past 12 months.  The legal companies contained in the list are not necessarily members of the Institute.  The list is provided for information only and by including the names of these companies, the Institute is not providing a testimonial or reference for them.  

The list is not exhaustive but seeks to provide an appreciation of the outcomes of the legal cases which have been taking place - a more complete listing of cases, listing cases by year, is available for TETLI Members to download.

The information is compiled from information provided to the Institute by the individual legal companies.

Date Legal Group Timeshare Company Resort Legal Jurisdiction Plaintiff Result Award to Plaintiff Notes
Mar -19 Maxima 1 legal S.L. Restotel (Medhotel S.L [Subsid. of Ona Grup] being the contracting party) Cala PI Spain Not Available Judge deemed contract null and void as it was in perpetuity, ie no end date, and did not disclose the minimum legal requirements £84,763 The clients were pressured into exchanging RCI points and purchase a new product - sold as an investment as the clients would receive payments over time. This never happened. 
Feb-19 Maxima 1 Legal S.L. ANFI   Spain Not Available Judge deemed contract null and void as it was in perpetuity, ie no end date, and improper property description £9,728  
Feb-19 Maxima 1 Legal S.L. Cala PI Maintenance & Noarre S.L. Cala PI Spain Mr & Mrs Gough Case raised by Cala PI for unpaid maintenance of 12,000 Euros. The judge dismissed the claim and nullified the contracts    
Feb-19 Maxima 1 Legal S.L. Leisure Dimensions Ltd   Spain Not Available Judge deemed contract null and void as it was in perpetuity, ie no end date £16,283  
Feb-19 Maxima 1 Legal S.L. Diamond Resorts Excursion S.L   Spain Not Available Judge deemed contract null and void based on not disclosing the minimum legal requirements £17,597 £17597 + Interest
Jan-19 Maxima 1 Legal S.L Marriot Vacation Club   Spain Not Available Judge deemed contract null and void based on contract length over 50 years £33,952 Based on 2 contracts for the same plaintiff.  Total award £33,952 + interest
Jan-19 Maxima 1 Legal S.L Club La Costa   Spain Not Available Judge deemed contract null and void as contract  did not comply with minimum legal requirements. £29,556  
Jan-19 Maxima 1 Legal S.L Airtours (Anfinpan S.L)   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £15,122 Judge  awarded £10,960 plus an extra payment of £4,162.
Dec-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract  null and void as contract did not comply with minimum legal requirements. £21,430 -
Dec-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void as contract did not have an end date, ie in perpetuity £18,026 -
Dec-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date) and did not comply with minimum legal requirements. £16,428 -
Dec-18 Maxima 1 Legal S.L Silverpoint   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date) £16,428  
Dec-18 Maxima 1 Legal S.L Silverpoint   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £25,533  
Nov-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed 3 contracts for different plaintiffs to be null and void -  2 were in perpetuity (no defined end date) and all 3 were deemed not to comply with minimum legal requirements. £38,765 Based on 3 different contracts with different plaintiffs
Nov-18 Maxima 1 Legal S.L Airtours Beach Club  (Anfinpan S.L)   Spain Not Available Out of court settlement for in perpetuity contract and taking deposit during cooling off period £17,518 Cheque was for Euro20,000
Nov-18 Maxima 1 Legal S.L Silverpoint   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £22,000 Judge instructed Silverpoint to pay out £22,000 even though the plaintiffs had used the benefits of their timeshare from 2011 to 2017.
Oct-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date) and did not comply with minimum legal requirements. £23,983 Award included 2x amount (£11,991) due as a result of plaintiffs paying the full amount within the first 3 months
Oct-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void as contract  did not comply with minimum legal requirements. £19,607 Original judgement confirmed following an appeal heard in Las Palmas Gran Canaria.  Awarded £19,607 + interest
Sep-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void as contract  did not comply with minimum legal requirements. £21,083 £20,583 + £500 interest
Sep-18 Maxima 1 Legal S.L Club La Costa (Paradise Trading SLU)   Spain Mr & Mrs Kelly Judge deemed contract null and void as contract  did not comply with minimum legal requirements. £26,782 £26,782 + legal fees
Sep-18 Maxima 1 Legal S.L Club La Costa (Paradise Trading SLU)   Spain Not Available Judge deemed contract null and void as contract  did not comply with minimum legal requirements. £10,755 £10,755 + legal fees
Jul-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed null and void as contract was in perpetuity (no defined end date)  £23,414 -
Jul-18 Maxima 1 Legal S.L Club Infiniti   Spain Not Available Judge deemed contract null and void - -
Jul-18 Maxima 1 Legal S.L Silverpoint   Spain Not Available Judge deemed contract null and void £19,017 £19,017 + Interest
May-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void on 3 counts: (i) at the time of purchase, they were not provided with a clear description of the accommodation they were agreeing to, (ii) they were sold ‘floating weeks’ during ‘super red’ period and not clear to the client what they had bought and (iii)  the contract  in perpetuity meaning no end date for the contract £27,911 -
May-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date) and a full description of allocated accommodation was missing. £18,000 £18,000 + legal Costs
May-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void  £26,800 Judge demed that the plaintiff had paid their deposits within the first three months of signing their contracts and  therefore included double the amount of the deposit paid.
May-18 Maxima 1 Legal S.L Anfi Resorts   Spain Not Available Judge deemed contract null and void  £25,254 Judge demed that the plaintiff had paid their deposits within the first three months of signing their contracts and  therefore included double the amount of the deposit paid.
Apr-18 Maxima 1 Legal S.L Turihoteles Vacations Club & Lending bank "Bankia"   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £23,650 Judge awarded in total Euro27000, because a deposit was taken within the first 3 months, the judge ordered that the plaintiff be refunded double the amount + compensation.
Mar-18 Maxima 1 Legal S.L Club La Costa   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £19,674 £19,674 + legal interest
Feb-18 Maxima 1 Legal S.L Club La Costa   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £11,977 -
Feb-18 Maxima 1 Legal S.L Explotacion Hotelera P.A. S.A. (Royal Park Albatros)   Spain Not Available Judge deemed contract null and void as contract was in perpetuity (no defined end date)  £6,765 Judge awarded £6,765 + the legal interest since  the contract was signed in 1999