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Latest News: Massive Victory for CLA Clients.

It has just been announced the Supreme Court has made a significant ruling against Puerto Calma, Holiday Club Finland.

 

Clients of the law firm Canarian Legal Alliance have been awarded a staggering £235,542 plus interest and legal fees. The contract was also declared null and void.

 

According to CLA, their clients knew they were purchasing a timeshare, but Puerto Calma tried to disguise this by stating they were buying a share of the property. This is commonly known as Fractional ownership, which apparently comes under timeshare law not real estate. The contract was signed before a notary in order to improve credibility, but the Supreme Court has stated that this is timeshare and therefore comes under the timeshare laws as laid out in Spain.

 

This will have a significant impact on other timeshare companies who sell Fractional ownership. In fact the First National Trust Company, who are the trustees for the Club la Costa Fractional Property Owners Club, did state in 2012 that Fractional should not be sold as an investment, which would suggest that even they believe it comes under timeshare laws. This ruling would seem to verify that position. (see following links)

 

http://insidetimeshare.com/fractional-what-is-it/

 

http://clcmembers.blogspot.com.es/

 

It was also announces on 19 September, that CLA had a victory at the High Court No3 in Tenerife against Silverpoint / Resort Properties. Their client this time was awarded £16,722 plus legal interest with the contract being declared null and void.

 

In this case the court followed the rulings of earlier Supreme Court decisions that contracts in perpetuity are illegal. Again this show the significance of the influence the Supreme Court is having on the lower courts.

 

So it would seem that Canarian Legal Alliance is going from strength to strength, achieving victories on an almost daily basis. The tenacity of the lawyers is certainly paying off, So congratulations the legal team and their respective clients.

champagne

If you require any information regarding this or any timeshare matter, please contact Inside Timeshare and we will point you in the right direction.

CLA Supreme court success against Puerto Calma ( Holiday Club )

 

update

Lopesan Buys Lyngs Anfi Share Update.

Yesterday Inside Timeshare published the news that Ragnar Lyng had sold his 50% share of Anfi to Lopesan. Gran Canaria Info, an online news and information site also published the story, they also asked one question, why so cheap?

 

Thinking about this, 41 million euros is a rather low price for the Anfi resort, even if it is only a 50% share. One has to ask is it because Mr Lyng just wanted out due to all the problems he and Anfi are having?

 

You do have to wonder at this, after all it is one of the largest timeshare concerns in Spain, and definitely the largest in the Canaries. It consists of 1000 apartments, over 30,000 members, a marina, 2 golf courses and a huge commercial center. Then there are the plans for the new beach and marina at Tauro, which will also include a new shopping center and new hotels which will have around 5000 to 7000 beds.

 

We know the Cazorla side have the controlling share, with Santana Cazorla having control of the board of directors. Somehow I cannot see Lopesan putting up with that situation, there must be something else in the pipeline. We also know from other news reports that Santana Cazorla has “retired” to Morocco, all this under the cloud of the investigations into Tauro Beach, with a senior official being dismissed along with others who must now be fearful of the same as well as being under threat of prosecution.

 

It is also known there was no environmental study carried out on the project, which means we do not know what impact the 70,000 tonnes of untreated Saharan sand would have. The fact this beach project is also only 300 meters from a special area of conservation, should have been a major point of having full and detailed environmental reports. All this has come out because of the investigation instigated by the Guardia Civil into the project, for the Guardia to be involved it must be extremely serious.

 

Then we have the residents of Tauro Beach, it was only in August that many of the homes were flooded. These floods are a direct result of the man made beach, the natural protection from high tides was removed, thereby allowing the sea to just wash over the beach and cause mayhem. These residents have also made official complaints to the Guardia Civil, adding even more pressure on the beleaguered Anfi Group.

 

This is a story that will not be going away for some time, again the question must be asked, how is all this going to affect those 30,000 members of Anfi? After all even without the developments of the past month, Anfi have been severely battered in the courts, with 17 Supreme Court rulings made against them on behalf of clients represented by Canarian Legal Alliance. So we now wait for the next chapter in this story.

 

If you have any questions or concerns about this or any other timeshare matter, contact Inside Timeshare and we will try to answer them. If we don´t know we will find out for you.

 

http://www.gran-canaria-info.com/news/what-on-earth-is-going-on-at-anfi-del-mar

 

http://www.gran-canaria-info.com/news/what-on-earth-is-going-on-at-tauro-beach

 

http://insidetimeshare.com/irregularities-anfi-tauro-beach-project/

 

http://insidetimeshare.com/great-anfi-battle-partners/

 

property-man

More News From Across The Pond: Bob Massi The Property Man

Following on from some of the articles highlighting the problems timeshare owners have in the United States, Irene Parker sent Inside Timeshare the following link:

 

http://www.foxnews.com/leisure/2016/06/09/tired-your-timeshare-heres-how-to-unload-it-without-losing-money/

 

Bob Massi is a Las Vegas attorney known as The Property Man hosting a show aired by Fox News, who is a very determined advocate of the rights of consumers. In one case Irene points out a couple he helped resolve the issue of their bankruptcy, it took them five years to attempt to buy a house, then they found that the bank had not foreclosed in the first place.

 

He has also highlighted the problems in the timeshare world and as you can see from the video, gives the consumer some sound advice. He points out that unlike real estate, timeshare does not appreciate in value, that many owners if they are able to sell, only recoup a fraction of their original investment.

fox-news

So this is not just a problem we have in Europe, it affects timeshare owners in the US. In his article, he points out how to sell the timeshare or how to just get out, in the interviews with licenced resale brokers they explain how to safeguard yourself from the “scam artists” that promise the earth and deliver nothing. He also explains how one particular scam works, this is where you have listed your timeshare for sale on a marketing website, the next thing you know, a bogus company is in contact with you saying they have a buyer. (Think of the corporate buyer pitch or even the Russian market one, we have many buyers waiting!). Now in order to conclude this “deal” a closing fee is required upfront, guess what? You never hear from them again.

 

According to the video, timeshare is in the top 10 of scams in the US, this is probably the same for Europe. He also interviews the Florida Attorney General Pam Bondi, in this she states they worked with the timeshare industry to enact laws to curb this abuse. She points out that since the laws were put into place they have closed down numerous firms, around 41, in many cases they have also secured convictions.

 

In the US, as we have highlighted before timeshare is regulated by real estate laws, sales staff must be licensed, if not they can’t sell the product. For those in Europe who own timeshares across the pond, the problem of how to get out is even more difficult, mainly because of the differing state laws and the distance involved. There are some companies in Europe who can help to get out of the timeshare, but if you are looking to sell, this article will help. You could also contact The Licensed Timeshare Resale Broker Association, (see link at bottom of the page), it consists of 64 members and works completely within the legal framework, all members must adhere to regulations and the codes of conduct set out by the association. But remember, as stated in the video many timeshares sell for only 10% of the original purchase price, contrary to what you were told at the initial presentation.

ltrba

Irene and her husband have also recorded an interview with Bob Massi, it is hoped that this will be broadcast in the Autumn (fall in American), when it is we will publish the links here. We also look forward to more articles in The Street by Irene, including one she is working on now.

The following link is an article about Bob Massi, it gives a very good insight into the man himself, the type of work he engages in and what it means to him, Hope you enjoy it.

 

http://www.reviewjournal.com/business/longtime-lawyer-sees-himself-advocate-underdogs

 

If you require any further information about this article, or any timeshare matter, contact Inside Timeshare. If we don´t know the answer we will find out for you.

thoughts

My Thoughts for Today: End of August.

So here we are, the end of August and what a month it has been, we ended July with the breaking news about the Anfi Beach Project at Tauro. It was announced the Guardia Civil Nature Protection Service (SEPRONA) had begun an investigation into irregularities in the permissions that were granted.

Playa-Anfi-Tauro-Canarias-Ahora_EDIIMA20160716_0223_18

This resulted in the dismissal of the head of the Coastal Authority, it appears the investigation which is ongoing may result in more dismissals and may even end in charges being brought. Inside Timeshare has been following the case as more information came to light, on 1 August Ben Magec of Ecologists in Action called for “the immediate shutdown and sealing” of the project, pointing out that it was having a detrimental effect on the nearby Special Area of Conservation.

 

Then on 5 August, Inside Timeshare published the story about the floods that occurred the day before, posting a video made by one of the local residents. At the time the flooding occurred it was a high tide, this would not have been a problem when the beach was in its original state. The rocks and pebble beach which was much higher than the sand beach, created a natural defence, with the rocks breaking up the waves. Without this natural defence the sea just rolled over the beach, flooding several homes.

 

August 8th, we published further videos of the flooding and photographs of some of the damage caused to homes of the local residents. The Bomberos (fire brigade) spent considerable time helping to pump out the water from these homes, but damage to many appliances such as fridges and washing machines was considerable. The local population then made denuncias (official complaints) to the Guardia Civil, who are now investigating. One comment from a resident was who was going to pay for the damage, they also felt they were being ignored that they were “desperate, nobody pays attention to us”.

CLA Logo

On 9 August it was announced that Canarian Legal Alliance had just won their 18th Supreme Court Victory, this took the rulings by the Supreme Court against Anfi to an incredible 17. In this particular case the court awarded over 45,000€ plus interest and legal fees to the client. Again the court stated that contracts over 50 years, floating weeks and taking deposits within the 14 day cooling off period illegal. So another happy client of Canarian Legal Alliance.

 

Then on 15 August another win for a client of CLA, this time at the High Court in Las Palmas, Gran Canaria. A staggering 66,907€ plus interest and legal fees were awarded to the client, also their contract was declared null & void. The High Court cited the Supreme Court rulings in making this judgement, showing that the judgements from Madrid are having a profound effect on how the lower courts rule.

 

The following day we published an article on the argument that is raging between TESS (Timeshare Exits & Support Services) and the Monster Travel Group. It highlighted two articles published on the TESS website on the same day, in this Tess pulled no punches in the accusations laid against Monster Travel. It also made a scathing attack on the sales staff, particularly what TESS called the “Taylor Twins”, again TESS pulled no punches.

eldiario

Then it was published in the Spanish press that the boss at Anfi (one of the part owners) Santana Cazorla was moving to Morocco for “retirement”. El Diario headlined it as Santana Cazorla se refugia en Marruecos” or Santana Cazorla takes refuge in Morocco. Inside Timeshare published this story on 17 August, in the article the questions asked are what had prompted this news. One only has to see the problems of Anfi with the court cases being brought by their members, then to cap it all the accusations and investigation into the Tauro Beach Project.

 

Just to move away from Anfi for once, Diamond Resorts announced that they had sold off their interests at the Garden Lago resort in Mallorca. The ONA Group now run Garden Lago, they also have interests at the  Cala de Mar and Cala Pi resorts, also in Mallorca. It also highlighted one member who bought because they loved it there, now Diamond have no interests there, the only way for them to use the points they own is to use them on exchange, or book direct with the resort. With this last option they would have to pay the going rate as their points would not be used.

 

19 August, CLA announced another victory at the High Court in Las Palmas, the British couple Mr & Mrs Hammond had their contract declared null & void. They were also awarded a full refund including interest and legal fees, it was not stated how much this was.

 

So in all, August has turned into quite an eventful month, it remains to be seen what September will bring.

 

If you have any questions relating to any of these articles please contact Inside Timeshare and we will do our best to answer them. It only remains for me to say have a great bank holiday weekend and I hope the weather is just as good for you to get the BBQ´s out.

bbq man

latest news

More Bad News for Anfi & Latest on Tauro Beach

Late on Friday 12 August 2016, it was announce that another client of the law firm Canarian Legal Alliance has been awarded a substantial amount of money. In this instance the High Court No 2 of las Palmas awarded over 66,907€ plus interest and legal fees against Anfi.

claimmoney

Again this is following on from the rulings laid down by the Supreme Court, that contracts over 50 years (perpetuity) are illegal. The court also affirmed that the selling of floating weeks in accordance with Supreme Court rulings was also illegal. In accordance with 18 rulings from this court the contract has been declared null & void.

 

This goes to show all the lower courts are now accepting the rulings as a matter of course, although the companies involved do have a right of appeal, this is very unlikely to succeed. Obviously this also will have the effect of speeding up the process and we will probably see cases entering the system at a faster rate.

Tauro beach 1 year ago Tauro Beach about 1 year ago.

On the point of the Tauro Beach Project, the Mayor of Mogan Onalia Bueno has also stated she is against any more man made beaches in the Mogan area. She has also criticised plans to give private companies 50 year concessions for the exploitation of the coastline in the areas of Medio Almud and Los Frailes. Unfortunately the Mayor has no authority in this matter, it comes under the Coastal Authority and the Ministry of the Environment, so will we see a mobilisation of local people to fight and demonstrate against any new proposals and plans?

As for the beach at Tauro, many of the local people have been busy with wheelbarrows and sacks, creating sandbags to build a small buttress to protect themselves from the next high tides. These bags are also ready to be placed in front of the entrances to the homes to try and prevent the flooding and damage they suffered at the beginning of August, the next high tide is 20 August. September will also see very high tides, these are known as the Mar del Pino, if these tides also coincide with any adverse weather out in the Atlantic, the flooding and damage could be worse.

 

It would seem that very little is being done for the people of this community, the head of the Coastal Authority Rafael Lopez Orive held a meeting with the heads of Anfi, the only thing reported was he is going to Measure the Beach! In other words checking the beach conforms to the measurements authorised by the regeneration project.

 

Regarding the reports filed with the Guardia Civil, the residents have been informed that proceedings have been openned. One resident who has been there for over 14 years, has said that they know the tides will be high and the flooding will not stop. It was also reported that the people do not want to move, it is their home and community.

 

For those of you who are members and owners of Anfi, how do you feel that local people are being disregarded in this way. Anfi have shown in the past they have a total disrespect for the law, this is proven by the court cases against them. We know also that all is not well between the two partners, the Lyng family and the Santana Cazorla Group, there have been rumblings between them for years. (see link Battle of the Partners).

Through social media Inside Timeshare is in contact with several of the residents, who kindly keep us informed of developments as they happen. It is only because of this media that the community can get their story out into the open. (Follow the links below).

 

http://thecanarynews.com/tauro-beach-residents-angry-about-flooding/

 

http://www.laprovincia.es/gran-canaria/2016/08/11/topografo-costas-acude-tauro-medir/851160.html

 

Tauro Photo Gallery

http://www.canarias7.es/multimedia/galeria.cfm?id=18562

 

http://insidetimeshare.com/great-anfi-battle-partners/

 

If you have any questions about any timeshare matter or have any information about any company that you would like others to know, contact Inside Timeshare through the contacts section.

 

thoughts

My Thought Today: End of July

Another month gone by and even more judgements from the Supreme Court, four within a week of each other, this means CLA have now achieved 15 judgements. CLA also announced a win at the courts in Barcelona, this was against Club Estela Dorada. Again it follows the Supreme Court rulings and the client was awarded over 29,000€ including legal fees and interest.  According to my sources there are around 100 waiting to be heard at the Supreme Court, so watch this space.

legal clipart

One of my American colleagues Irene Parker sent me a link to a comment on TrustPilot, a review website. It was from a customer who had a great Customer Service Experience (although it does not state if he is a Diamond owner or just a non owner booking):

 

I must be the luckiest person in the world if you are to believe the other reviews on this site as my experience has been the complete opposite.

The agent I have been dealing with Lisa Whincap is probably the nicest and most helpful person I have ever had the pleasure to deal with.

I booked a Holiday then later found there was going to be some building work going on during part of our stay so I called and asked if I could change or cancel my holiday and Lisa could not have been more helpful and went well above and beyond to make sure I was entirely happy. Therefore, as far as I am concerned the customer service in their Spanish office is second to none and I would not hesitate hand on heart to recommend them to anyone I know as I got exemplary service.

Thank You (Shane)”.

 

https://www.trustpilot.com/reviews/577158160000ff00096a4000

 

Irene has been writing for quite sometime on the difficulties of getting out of Diamond contracts she sent me this rebuttal:

 

People don’t get it. That’s great that Shane had a positive customer service experience, but if he spent $25,000 dollars or euros and had a heart attack or stroke tomorrow and could no longer travel, in all likelihood his only option would be to voluntary surrender his points (if accepted), despite many other timeshare resorts providing a secondary market. Who in their right mind would spend so much money on something with increasing annual fees and no exit.  Diamond then takes surrendered points and resells them for full value as part of their industry recapture program. When I called today on behalf of an 83 year old owner, the first thing I was told was a voluntary surrender is not guaranteed.

 

She points out that the problem is not one of customer service while on holiday at the resorts, it is a case of needing to be rid of the timeshare/membership when no longer needed. It is not only owners in Europe that have this problem, our cousins across the great lake have the same dilema. The only consolation as Irene put it to me in one conversation, is the way Spain is on the side of the consumer. Those in the US are now looking to see if they can bring in the same legislation on a Federal level. I suppose this does depend on who wins the presidential election!

floating house

On another matter of how the law works, it has been pointed out that some resorts / companies think they have found a new way around the floating week’s ruling. It appears they are now assigning a fixed week number (from the weeks that can´t sell) and calling them “Flexi weeks”. Although there is a week number assigned the owner is not tied to it, and uses it in the same way as the floating. So it looks like the legal eagles are going to be busy with this one in the future.

 

On the point of Mrs B and the Debt Collectors, the Financial Ombudsman has now taken on the case, so hopefully it will be resolved once and for all, without the need to go to court. Once again thank you for the support received by various legal eagles in the UK.

 

For those of you about to embark on your summer holidays, have a safe journey and enjoy yourselves, but do remember to watch out for the latest innovative idea from your resorts.

 

If you have any questions about any articles published or just want to know how to make the relevant checks on any company, Inside Timeshare is here to help. If you have any information about any article or company you have spoken to and want others to be warned, please let us know and we will publish it. Happy Holidays.

Basic RGB

loans

Shawbrook Bank Announce Irregularities in Timeshare Loans, Similar Activities in the USA.

For many people their Timeshare or Holiday Ownership was paid for on Finance, these loans were usually arranged on the day of signing the contract by the sales staff. One of these lenders is a bank called Shawbrook Bank, with their head office located in Brentwood Essex. The bank was founded in 2011 and according to their web site works closely with the holiday ownership industry to provide finance for their customers.

 

Unfortunately it was announced recently that the bank had set aside around £9 million to cover any defaults in these loans. This has come about due to the discovery of irregularities in the issuing of these loans.

shawbrook

Shawbrook Bank has admitted that it did not do its due diligence when approving the finance for holiday ownership products. One of its biggest partners is Diamond Resorts, whose aggressive style of selling has resulted in many people being over stretched financially, then being lumbered with a product that they find is unworkable. They are also stuck with management fees that are continually rising, also being unable to get out of their contracts.

 

http://www.telegraph.co.uk/business/2016/06/28/shawbrook-banks-shares-plunge-on-9m-hit-from-dodgy-lending/

http://www.thisismoney.co.uk/money/markets/article-3663651/Shares-Shawbrook-drop-challenger-bank-reveals-loan-irregularities-cost-9m-finance-chief-quits.html

 

What did Shawbrook miss on its due diligence?

 

Quite simple, finance agreements made out by sales staff on the day of the sale have not had the usual credit checks made. Normally when a loan is applied for there are several checks that are made, we all know this as at some point we have had them. Firstly, does the applicant earn enough to qualify for the loan. Secondly, can the applicant actually afford the repayments, after other payments are taken into consideration, i.e. mortgage, living expenses etc. Lastly does the applicant have a good credit history, in other words have they defaulted on any other finance, be it loans or credit cards, or have they had county court judgements made against them

 

All these are the usual checks, being unable to fulfil any of these criteria would normally prevent the loan from going through.

 

Another aspect is how the applications are filled out, Many people spoken to over the years have said that the application had been filled out by the staff. It later transpired that the purpose of the loan had been made out as “home improvements” nothing to do with the purchase of holiday ownership. In some cases, even the income has been falsified. Unfortunately, for the applicant this could lead them to the possibility of criminal charges, after all they have signed the form.

edwincoe

This is not the first time a bank has hit the news in relation to holiday ownership, Barclays Partner Finance has been the subject to action in the High Court on this matter. Edwin Coe LLP, represented many clients of Resort Properties, who had been sold “investment packs” which were then financed by Barclays Partner Finance. On 16 August 2015, Edwin Coe LLP announced that the High Court had decided in favour of the consumer.

http://www.edwincoe.com/our-expertise/group-action-litigation/resort-properties-barclays-partner-finance/

http://www.edwincoe.com/high-court-decides-in-favour-of-the-consumer/

 

Many of these loans did not have the usual credit checks made, in fact Inside Timeshare is aware of an elderly couple who had been given one of these loans. They had been talked into one of the Resort Properties / Silverpointinvestment packs”, at the time he was 8o years old his wife 76, the loan was for £30,000, yet both are on pensions. When Inside Timeshare spoke with them, the question asked was, had you gone to your bank, do you think they would have provided the loan? Well we all know what the answer to that is. They are now taking legal action.

barclays

Unfortunately this is not just the case for Europe, in the United States the same controversy exists.

 

Roddy Boyd of the Southern Investigative Reporting Foundation has been highlighting this, on 27 April 2016, he published an article on a Credit Union which has been supplying loans for Diamond Resorts clients. Quorum Federal Credit Union has been in operation for 82 years, as with all credit unions they are member based.

quorum

http://sirf-online.org/2016/04/27/the-enabler-and-the-lifeline-diamond-resorts-and-quorum-fcu/

 

Quorum, has been supplying loans for the holiday ownership industry for years, Diamond Resorts are their largest portfolio. Diamond tend to send the riskier applicants to the credit union, these are those in the lower credit ratings, what the Americans call “subprime”. In other words the banks would not touch them with the proverbial barge pole.

 

According to Roddy Boyd the deal provided around $40 million in loans for Diamond and in return these borrowers became members of Quorum. Sounds like a win win for both, (not the consumer).

 

At least Shawbrook Bank have admitted that it has seen a problem in this area, setting aside a substantial amount to cover any future problems. In the end a loan for a holiday product which will on average be around £10,000 or more, is a huge commitment, not one that should be signed and approved on the day. Especially by the sales staff who have a vested interest in getting the “deal”.

 

Inside Timeshare would like to thank Irene Parker of the The Street for supplying the link to Roddy Boyd´s article. Do read it in full yourself as we have only just touched the surface, also read the following link, again it makes interesting reading.

 

http://sirf-online.org/2016/03/07/27464/

 

If you have any questions relating to this article or any others published contact Inside Timeshare and we will try to find the answer for you.

together

News from across the Atlantic.

Recently Inside Timeshare has been collaborating with Irene Parker, who writes for the online Financial Journal The Street. Irene is a long time Diamond owner and has had many battles over the years, she has highlighted the way members are treated and the continual upgrading resulting in many people having financial difficulties.

 

She has written many articles on the subject of timeshare, mainly showing the financial side regarding the stocks and shares. Thanks to Irene and The Street, Inside Timeshare was able to break the news about the buyout of Diamond by Apollo Global Management. So it would seem that members of Diamond Resorts in Europe are not alone in how they are treated, they do have allies over “The Pond”.

http://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html

collaboration

Scott Miller published an article in Latticework titled My Investment Case for Diamond Resorts International, this appeared to incense quite a few people, so Irene added her questions to it creating the Virtual Interview. This is it, hope you enjoy.

 

Is There a Disconnect Between Timeshare Owners and Venture Capitalists?

My apologies to John Bird and John “subprime” Fortune

 

By Irene Parker

July 7, 2016

I believe there is a bit of a “disconnect” between owners and venture capitalists.

http://latticework.com/my-investment-case-for-diamond-resorts-international/

Mr. Scott Miller, founder of Greenhaven Road Capital wrote the above article in defense of Diamond Resorts International.

The following are my responses to Mr. Scott Miller’s declarations about Diamond Resorts. His instructor was Adam Wyden of ADW Capital. Front Four Capital and ADW sent a letter to David Palmer last year urging a leveraged buyout – or in Wall Street lingo – exploring alternative ways of maximizing shareholder values……

 

My virtual interview with Mr. Miller:  

Keep Reading

consumer alert

New Claims & Disposal Company, But Where are they Based?

Another company has just popped up on the radar, Charles Ashworth Consulting, with the website:

http://www.charlesashworth.com/

 

According to their website they are a claims specialist company, they list various types of claims including PPI and Solar Panel claims. But their specialist area appears to be timeshare claims and disposal.

timeshare claims

Now the website was registered 6 May 2016 only just 2 months ago, with hidden registration details. On the home page they show three customer comments, two are for disposal and one is for what looks like a section 75 claim. What is strange is if the website has only been running for this length of time, how could these have been done? Section 75 claims usually take months and cancellation of contracts also take a long time. Fine if this company has been running long before the website, but no registration can be found at UK Company House or the equivalent in the Republic of Ireland.

 

The address for contact is Phoenix House, Monahan Road, Cork. This is business center which offers rental office space including one day use, virtual office facilities with telephone answering and mail collection.

 

The telephone number they give is: 028 9521 5532 which is for Belfast Northern Ireland. Where are they actually based, is it the Republic of Ireland or Northern Ireland? Another number found is 0121 667 8770 which is Birmingham England.

 

Nothing really adds up, surely if they are a company pursuing claims, should they not be registered?

 

They show no company registrations or any type of registry with any organisation such as the Ministry of Justice who oversee claims management. These are usually fundamental inclusions on any company website.

EU Judge

Remember, if you are claiming under section 75, the mains points of the claim are: you have not received the goods or services paid for or the company no longer exists. If you have had your timeshare for a number of years and have used it, then where is the claim? The credit card company will argue that you have received the goods or services paid for. Credit card companies will not pay out just because the contract sold has been deemed illegal. So in respect of companies promising claims under section 75, all you are paying for is a relinquishment. Then you must ask yourself will your resort accept it? Will they argue they do not recognise the company you are dealing with? If this is the case then you will have paid for nothing and are still liable for the maintenance.

In order to claim the full amount paid for your timeshare, you must have purchased or upgraded after 5 January 1999 in Spain, the contract must be for more than 50 years, a payment made within the 14 day cooling off period or you have been sold floating weeks or points systems. Then the only way to get this money back is through legal action in the courts, then your contract will be declared null & void also.

 

So once again it pays to do your research before dealing with any company, if you have had any contact with a company and want to know more about them, Inside Timeshare will help you find the answer. If you want to know how to find a law firm who can help you we will point you in the right direction.

 

advice1

Going to a Meeting? Best Advice.

Over the past week Inside Timeshare has had enquiries from many people about various companies they have been to see. The one theme that has been the same is the fact these meetings have been very intense, all have commented it felt like when they first bought timeshare. Must have a decision on the day, it has to be today or it will be too late.

 

They have also handed over their original documents, then once home they start to have doubts about what has happened, This is when they start to look on the web, and the realisation hits them that they may just have been conned again.

sales meeting

In one case the client even tried to stop the credit card transaction the following day, but the credit card company told them they should give this particular firm a year to see if they would deliver what was promised. This in itself is totally wrong, surely if you have doubts and report it to your bank, especially the following day, they should be on your side. After all it is preventing a possible fraud. The banks do say if you think any transaction may be fraudulent contact us to stop the payment.

 

Also in all the cases the client has handed over all the original documents, this now presents a problem. How do you get them back if you have found information that makes you change your mind about the company you have just met?

 

In most cases they are gone for good, then when you do find a genuine firm you no longer have the paperwork and they can’t then do anything for you.

 

The only advice that Inside Timeshare can give is never take the originals with you, never pay anything until you are certain you are dealing with a genuine company. Also beware the “No Win No Fee” offers, they are the enticers and usually end up with a demand for some kind of payment. Any payment you do make should also be made on a Credit Card, not a bank transfer, cheque or even debit card. Using a credit card you are then protected by the Credit Consumer Act 1974 Section 75.

 

Any genuine and trustworthy company will accept your decision to go away and think about it, make a payment later and then send the documents. Also, always keep copies yourself. Just remember how you were sold timeshare in the first place, today, today, today, pressure, pressure and more pressure.

tspresent

 

Think, research and be sure before you go, then once there, think, check and be sure before committing.

 

If you need any help in researching any company that has either contacted you or you have found, Inside Timeshare is here to help. Contact using the comments section with the company details and we will be in touch by email with any information we find. Have a good weekend