Maxima 1 Legal S.L. (M1 Legal) and Messrs. Pinder Reaux (PR)
Maxima 1 Legal SL was incorporated in July, 2016 under the name of European Claims Chamber S.L and subsequently changed its name to Maxima 1 Legal S.L. (M1 Legal)
The company employs 12 timeshare expert lawyers, together with legal assistants and has a success rate in the Spanish courts in excess of 90% including areas of dispute such as jurisdiction.
An example of a jurisdiction problem using Club la Costa, is that CLC would sell the same product based in Spain, one day through an English company, another day through a Spanish company, another day through an Isle of man company and another day through a BVI company etc.
There is no logical reason for them to do this other than to create difficulties for clients who may wish to claim against them as very often the contracting companies were merely a shell companies with no tangible assets.
The modus operandi of M1 Legal is to attack resorts on the grounds that their contracts do not abide with Spanish timeshare legislation.
Since March 2015, the Spanish Supreme Court has issued over 100 sentences which clarified what should have been included in timeshare contracts.
Fixed weeks had to be identified with the correct unit number, time of arrival and departure. It was illegal to sell floating time, points, fractional or holiday club memberships using contracts which did not conform to the legislation. Contracts could not be for more than 50 years and no monies could be accepted during the cooling off period.
As far as PR are concerned, albeit they are a general firm of lawyers they have extensive knowledge and experience in dealing with of timeshare disputes.
Because the English courts have not been fully tested from a contractual point of view, the modus operandi of PR is to accumulate clients in the same boat, each client submitting a statement of misrepresentation. At the moment PR have approximately 900 clients and are forming them into groups of a similar nature, depending on the resort of purchase, e.g. Club la Costa, Diamond, Infiniti and others.
All clients have signed statements of misrepresentation and in due course class actions will be formed with lead clients being chosen to represent each group.
Misrepresentation is difficult to prove as it is normally verbal and between the salesperson and the client but when there are dozens of clients who have the same misrepresentation story, the court will take notice.
Kwikchex states that it is working with various authorities as mentioned earlier but it seems strange that no public authority has ever contacted ECC in respect of a complaint, apart from the Advertising Standards Association (ASA) who objected to the terminology, “the team having years of experience.” We voluntarily changed this wording even though we were talking about the company’s employees and not the company itself!
Kwikchex of course made a mountain out of a molehill of this matter.
As stated earlier, Kwikchex and its associated companies have no interest in helping any consumer who has a complaint regarding his resort, only against companies such as ECC who are campaigning against the timeshare resorts and their unethical tactics.
We can also confirm that M1 Legal is regulated by the Claims Management Regulator in respect of regulated claims under the registration no. CRM44126.
PR is regulated by the English Law Society.