Timeshare contract?

Question

i signed a contract for a timeshare in spain some years ago with my boyfriend at the time, he said that he had the money so i agreed but he did not have the money so we never paid the money i have recieved some letters a some years ago saying that i would be arrested if came to spain , i am no longer woth my boyfriend that was some years ago, my friends want me to come spain but i need to know where law stands on this

Answer 1

I wouldn't worry about it, i lived in Spain and i used to work for a holiday company..
They are just trying to get the money by scaring you.. You will not be arrested..!! most of these company's are a con..
i bet you had to put a deposit down.. which you Will never see again.
Please dint worry about it there is nothing they can do
And here is a get out clause...If ever you need one.
When you said you would agree to buy the timeshare i bet they gave you some cheap champagne..That is illegal for them to do that.
You can say they applied you with drink and got you drunk so you did not know what you were singing.

Answer 2

Firstly you cannot be arrested. Breach of contract is a civil wrong, not a criminal offence.

The European Union has a system for ensuring that judgments obtained in the courts of one member state, eg, Spain are enforceable against the assets of the defendant situated in other member states, eg, United Kingdom. The rules are contained in an EU Regulation on civil jurisdiction and enforcement of judgments (the "Brussels" Regulation 44/2001) which operates like a federal law binding all EU courts. If the Spanish courts do make an order against you and then try to enforce it by registration in the English courts under this regulation you can only challenge this on limited grounds of public policy, which have to be made out on appeal.

However, in order to create this single market in judgments the Regulation first lays down clear rules about which courts have jurisdiction, ie, which courts must deal with your case. Only if they have jurisdiction over your debt can the Spanish court enforce its judgment in England.

The general rule under the Regulation is that they can only sue in the state where the defendant is domiciled, ie, his usual residence. In your case since you are British domiciled that means suing in the British courts. The claimant could however sue in the Spanish courts as an alternative if the main performance of the contract was in Spain. So if the timeshre was in return for services or goods that were performed or delivered there then the Spanish courts may have jurisdiction.

However this alternative does not apply in the case of a consumer contract. Here the claim must always be brought in the consumer’s courts if the supplier has been trying to attract consumers from that state through publicity such as a website or sales reps (see Article 15 and 16). The object of this legislation is to protect the rights of the consumer (as inevitably the weaker party) in the single market. There is therefore a good chance that the Spanish claimant should be bringing the claim in the first place before the British courts where you can defend it on your home territory. This will have a bearing on the cost because obviously defending proceedings in a Spanish court will involve you in translations as well as the cost of Spanish lawyers.

You do not say how long ago the timeshare was taken out, but any claim must be brought within 6 years. It is unlikely that you will hear anything now but even if you do, the police cannot arrest you. If they could they would have issued a european arrest warrant. Enjoy your holiday.

Answer 3

while you need advice on spanish laws, our laws came from spain and would hopefully help. under the laws on contract since you did not pay for the timeshare privileges, the contract should have been terminated. the difficult part is when the representation made by your former boyfriend constituted misrepresentation amounting to estafa or swindling (in this case, he represented that he had money in order to get the timeshare privilege). if he was able to use that privilege no matter how brief, then a criminal action may have been instituted against your former boyfriend and your self for swindling.

To my mind, better safe than sorry.

Answer 4

complicated, yet possibly by utilising notice of mouth or a on line internet site like E Bay or comparable. Ask your domicile hotel in the event that they have a resale dept? I used to very own 2 and that i offered one that way and the different, i stumbled on somebody in my place of work who became involved and then in simple terms contacted an criminal experts place of work (in that state) and that they charged me a flat fee to alter the documents over to the hot proprietor and record/checklist the suited documents contained in the recorders place of work!