The Timeshare Consumer Association ‘TCA’ has a list of various solicitors who we are very happy to recommend.

These Solicitors actively pursue timeshare matters on a daily basis and champion causes and cases on behalf of consumers when and if asked to do so.

As some will know, the legal profession is like the building trade, it is split into various different elements. In the building trade you can employ joiners, bricklayers, electricians, etc. all classed as being in building industry. Similar in the legal profession you can appoint conveyancers, legal executives, solicitors, barristers in both contentious and non-contentious matters.

The industry also has an array of mediators, arbiters and professional Mckenzie friends who are very active in forums other than civil litigation. For these reasons and these reason alone we hope to encourage consumers to firstly make contact with us, so we can assess your needs before embarking on a crusade to find the right forum, the right lawyer in the right jurisdiction.

So firstly you will need to locate in the contract where the jurisdiction of any dispute is domiciled. It usually state “the contract is govern by the laws in the UK Espania” etc

Some contracts state ‘any matters in dispute will be arbitrated’ or subject to a mediation before any party can pursue a claim in the courts where the matter is domiciled. So it would be very helpful at the start to locate this forum.

Once this is established your problem has to be verbally discussed so that we can determine which legal expert and which section of the law will be applied to your problem.

Some matters are non contentious involve trustees, litigators, deeded properties experts and trusts matters. Some involve Company Law, Constitutional Law, European Law and American Law.

As you will no doubt appreciate setting the right arena is very important as if consumers commence in the wrong courts with a solicitor who lacks the correct expertise, licence and rights of audience their case could flounder. We don’t want that!

Apart from the obvious litigation events which occur in courts throughout the world we may have an opportunity to deal with the matter in a ‘non confrontational’ way i.e mediations, without prejudice meetings, issue narrowing, etc. This forum is very successful with the right advisor and at the right stage.

With some firms we have established various applications in the Civil Procedure Rules (CPR) which again have to be discussed before any recommended appointment.

In the matter of the Brussels convention, you the consumer might be able to choose in certain circumstances which legal court to have your case heard in. This being a real prospect, a consumer needs to know what the issues will be and which country will be best to have their case heard, as some jurisdictions have already heard similar cases and have found in the consumers favour.

Also in the British system a consumer can only claim losses incurred where as other systems courts can include other damages which might prove a more lucrative benefit to the consumer.

Finally there is a matter of costs and the application of legal costs. Here at the TCA we want consumers to be abreast of legal costs , how there are charged to you , how the court applies the costs in the event of a win or a loss , how you can enhance  a cost award and protect yourself in the event of a lost action.

This might sound insignificant but all honest lawyers will tell you when matters are heading for trial one of the main factors is costs as they become more costly as you approach trial and are facing an adverse orders. All these matter ought to be fully discussed before commencing any cost attracting adventures.

 


Last modified: August 29, 2015