Mr and Mrs Bradshaw both in their 70s said a “big weight has been lifted” after having been awarded €16,076.75 against Club La Costa in the Spanish courts for a timeshare purchase that was not legally compliant.

“We are so relieved that this burden has been removed because there would have been timeshare liabilities passed down to our estate,” said Mr and Mrs Bradshaw, of Farnborough, Hampshire.

They urged others in their situation to give serious consideration to taking their case to court. “Go ahead,” said Mr Bradshaw, “but be patient and don’t be put off by the bad press you see online. Often enough the bad press is published by the very people who support the timeshare industry.”

The Bradshaw’s became fractional owners in 2012 of a two bedroomed apartment in Sierra Marina Resort, Club La Costa World, Malaga. In addition to paying over £8,000 pounds for their fractional ownership, they had previously paid £19,000 pounds for other schemes relating to Club la Costa World plus considerable annual maintenance fees over £5,000 pounds. 

“We saw it as an investment, to enjoy quality holidays - and we were advised that we would have the option to sell our fractional ownership back to Club La Costa World after 19 years, but this was not the case,” added Mr Bradshaw.

The couple decided enough was enough and in August 2016, they met with an ECC consultant in Berkshire to initiate the process to take legal actionagainst Paradise Trading SL, a company belonging to Club La Costa World who was the vendor of their timeshare. 

Their case was based on the fact that the contract did not specify an end date and there was no land registry information for the accommodation detailed in the contract, two important regulations required in Spanish law.

“We received €16,076 just in time for Christmas,” said the Bradshaws. “This was like a big cloud over us and now that it has been lifted, we don’t need to worry about family being lumbered with unwanted timeshare bills.”

Mr Townsend, who is in his 50s, shared a similar experience, he bought a one-bedroom apartment at Airtours Beach Club, Gran Canaria for a specific fixed week of timeshare - back in 2000 for £8,211. Over the next 15 years, he paid out over £20,000 with his annual maintenance bills rising by over 110 per cent. He stopped using the property in 2016.

At the time of the purchase, Mr Townsend was informed that Airtours was a British company and he could buy with confidence, he was also informed that the investment could be passed down to his estate. “I saw it as a holiday the family could enjoy after I was gone - they could benefit from quality 5 star accommodation with facilities such as a spa and a private beach,” said Mr Townsend. “But that was not the case, I later found out I had been misinformed and felt trapped with no option to sell. I was also becoming increasingly worried about my family being held liable for the annual maintenance bills.”

The court hearing was held at the Court of First Instance, Las Palmas, Gran Canaria against Airtours Sales Espana SL - an agent for Anfinpan SL.  The case was won based on the grounds that the contract had a 96-year lease – contracts over 50 years are considered in perpetuity in Spanish law.  Furthermore, the specified Week 38 did not clearly state when the apartment could be used, and the accommodation was not registered with the land registry – all points which do not comply with Spanish law.

 “In early December 2019, M1 Legal informed me that the Judge had passed final judgement, and shortly before Christmas, I received the sum of €20,202.

Mr Townsend was thankful for our assistance in helping him to claim his money back and commented: “If anyone has a similar situation, my advice would be to go along to a meeting and see if you have a claim, and if you do, then you can take comfort in knowing that this company does pursue timeshare claims unlike others out there.”