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Canarian Legal Alliance

Breaking News: Canarian Legal Alliance Strike Again.

Some interesting breaking news has just come our way, it appears that Canarian Legal  Alliance has done it again. It has been announced that they have secured their eighth Supreme Court Judgement, again this is against Anfi Sales SL and Anfi Resorts SL. (see link at end of article)

anfi ariel view

The court has confirmed again the illegality of the perpetuity contract, citing that the contract should be no longer than 50 years in accordance with the timeshare laws. The court has also ruled on another important point which will have a significant effect for other claimants.

 

As we know many people will have bought a timeshare with other resorts while already owning at another. These have usually been taken in part exchange or what is known as a trade-in. The court has now ruled that the trade-in value must now be taken into account as a payment on the day along with any deposit. The client in this instance was awarded double the deposit including double the value of the trade-in. So it looks like the trade-in value is being seen as a part payment within the 14 day cooling off period.

 

In this instance the CLA client has been awarded 51,000€ plus interest, including all legal fees. Again this is a substantial amount for any company to have to pay back for past transgressions, how long can any company last when the courts are ruling in this manner?

anfi logordo-logo

As stated before, the industry has only itself to blame, the RDO as the industry trade body also shares some of this blame. After all, the laws were put into place many years ago with the implementation of the EU Timeshare Directive. Resorts and their marketing departments failed to adhere to them and the RDO turned a blind eye to this. The industry is now paying for this dearly, we have seen only a fraction of the cases adjudicated on so far. Over the past month and a half, one company has been ordered to pay out nearly half a million euros. At this rate the million euro mark will be reached before the year is even half way through.

 

So, congratulations to this particular client and congratulations to the legal team at Canarian Legal Alliance. It does seem that their tenacity and hard work is now paying off, I for one will be keeping an eye on them for more judgements.

champagne

If you have any problem with your timeshare or have dealt with any company that has not delivered on their promise be it resale or claims, Inside Timeshare would like to hear from you. If you require any information as to what you can do about it, Inside Timeshare will be pleased to advise you.

THE SUPREME COURT RULES AGAIN

An Expensive Month for Some!

Today I was looking at some of the news from the past month, it looks like it was an expensive one for timeshare resorts.

 

The TCA reported a case against MacDonald Resorts Leila Playa Club in Spain, this action was regarding contracts signed between 2003 and 2008. From the TCA article (below) it looks like the courts accepted the illegality of the perpetuity contract, the fact that buyers were not given the information they were entitled to and also that the resort did not comply with the right of withdrawal.

 

The article did not state the law firm which took on the case but it was finalised on 5th April 2016, with TCA publishing it on 4th May.

 

In this case the court awarded the client £11,839.22 The court also stated that interest on this sum was to be paid and all costs incurred by the trial. This is another ray of hope for many, it shows that the Supreme Court Rulings are being taken notice of in other courts.

 

http://www.timeshareconsumerassociation.org.uk/2016/05/04/tatoc-members-macdonald-resorts-contracts-proven-null-and-void/

 

In another part of Spain a law firm which has been mentioned in articles here, has had a tremendous month. The main highlight to the Canarian Legal Alliance month was the payout of Mrs Grimsbo, the Norwegian client who made history with the first ever Supreme Court Ruling. She has as reported on 4th May been paid out over 43.000€.

champagne

http://www.canarianlegalalliance.com/payout-for-our-first-supreme-court-victory/

 

Now since The beginning of April the courts have made awards to CLA clients of over 361 893.14€ all against ANFI.

 

  • April 4            27 600€
  • April 11          52 095.72€
  • April 14         92 797.42€
  • April 21      130 000€
  • May 4           43 000€ (Grimsbo)
  • May 6           17 000€

**ARCHIV**Banknoten in 50er, 100er, 200er und 500er-Scheinen liegen auf einem undatierten Foto, das von der Bundesbank in Frankfurt am Montag, 3. Dez. 2007, zur Verfuegung gestellt wurde, auf einem Haufen. Der Euro hat in Deutschland nach einer Umfrage fuer die Dresdner Bank an Popularitaet verloren. Knapp sechs Jahre nach Einfuehrung der Gemeinschaftswaehrung erklaerten nur noch 36,3 Prozent, sie faenden den Euro gut. 2004 lag die Zahl noch bei 42,6 Prozent, wie die Bank am Sonntag, 16. Dez. 2007 aus der Umfrage der Forschungsgruppe Wahlen berichtete. (AP Photo/Bundesbank) --- Undated photo provided by the German Federal Reserve Bank in Frankfurt on Monday, Dec. 3, 2007, shows Euro bank notes in 50, 100, 200 and 500 Euro bills. (AP Photo/German Federal Reserve Bank)

On April 26, CLA also had another victory, this time against Palm Oasis, the client in that case received an award of 26 000€. The award in this case was the perpetuity contract and the taking of a deposit within the cooling off period.

 

This is all in one month, how can the industry sustain payouts like this, all because in the past they thought they could get away with anything. They thought they were untouchable, well we have heard that before, now they are reaping the whirlwind, or is it a Tsunami as one paper put it!

So to finish, congratulations to the clients on your cases, well done to all the legal teams who fought for your rights. If the industry has any sense it would know that the writing’s on the wall, they can no longer behave as though they are lords and masters, that it is you the consumer/member that keeps them going and keeps them in a job.

on the wall

If you require any information regarding any article posted or have been in contact with any company and are not sure of their authenticity, Inside Timeshare is here to help. Contact us  on the comments section, if we do not know the answer we will find out.

Look Who Is Now Giving Timeshare Advice!!!!

Firstly thank you to the TCA for giving me a good laugh over the past couple of days, with their articles on Silverpoint. Well well well, things never cease to amaze me in the industry of timeshare. The company with the biggest track record of destroying an otherwise good product is now in the business of giving “ADVICE”.

 

http://www.timeshareconsumerassociation.org.uk/2016/04/19/silverpoint-bait-and-switch/

 

http://www.timeshareconsumerassociation.org.uk/2016/04/20/silverpoint-consumer-advice/

Silverpoint_Consumer_advice_Logo_308U

Siverpoint Consumer Advice website, the latest tool in their attempt to deceive the poor old public. The track record of this company is a long and painful one. As many people have found out to their financial cost.

 

Let’s start with their wonderful “Investment Scheme”, selling blocks of weeks with the promise of a return within 2 years of around 15%, with the sale of these weeks. This has cost you around £20,000 to £30,000. Then comes the top up, sorry these weeks that you have are not selling well, because people want something better. Tell you what, why don’t you buy 6 weeks in this resort which is much better, it has a higher sale value and is sought after. What we can do is take the 6 weeks you own already and trade them in for the new one.

 

So they give you a price of say £50,000 with a trade in of £15,000, but you can’t afford this. You also do not want to lose your “investment”, so what do they do? Arrange a finance agreement for you on the day. Barclays Partner Finance is well known for working with Silverpoint and has been the subject of several court cases.

 

Now you have a new “investment deal”. Again the promise is they will sell them for you in 2 years, in the meantime they will rent them for you to help pay the maintenance. Guess what happens next? They can’t sell and want you to trade in for another better resort or even the Sunseeker yachts they used to peddle.

buyerbeware

All this is in the public domain, this company has been and still is the subject of legal action. Below are three videos taken from youtube. The first two show a sales rep called Leanne and then the Sales Director Dave Taylor, basically fobbing off a client who has been duped of around £90,000. The third video shows a courtroom where Dave Taylor, who looks remarkably nervous, trying to say that Silverpoint are not Resort Properties , well this didn’t go down well with the judge. After all the CEO of RP is Mark Cushway, the CEO of Silverpoint is Mark Cushway, the owner of both companies is Bob Trotta. Del Boy would not be proud of the scams that this lot have pulled, at least he had some scruples.

 

https://www.youtube.com/watch?v=qkrdK0shvn4

 

https://www.youtube.com/watch?v=_oNdi4NT4O8

https://www.youtube.com/watch?v=Ksff6yofqJs

 

As you can see from these videos, this company cannot be trusted, so how can they give any advice?

 

They also say on their website only trust RDO and TATOC members, these organisations as Inside Timeshare has previously shown are there only for the benefit of the industry. Not to forget that Mark Cushway is also a board member of the RDO, with Silverpoint being a major contributor to these organisations funding.

rdo-logotatoc logo

I have also looked at the website for Canarian Legal Alliance as they have had great success in court against this company, In the news section under the tag of Silverpoint are the archives of cases won. They show cases going back to 2013, so everything is in the public domain and this company along with the RDO and TATOC are trying to make out that none of this is true. Only their advice is worth anything, well I for one do not believe a word of it, the truth is out there, it is up to you to find it and your choice on who to believe.

 

Inside Timeshare is not affiliated to any timeshare company, the information provided is taken from research and written to provide you with independent views on what should be a great product.

CLA Making the News Again.

It looks like the lawyers at Canarian Legal Alliance are becoming quite the celebrities around Europe. Over the past month their legal battles with the timeshare industry have been attracting a lot of media attention.

 

The renowned Norwegian Business Magazine, Kapital, ran a lengthy article on the law firm, highlighting the Grimsbo v Anfi case. This has resulted in CLA gaining a much higher profile among Norwegian timeshare owners.

 

The following link will take you to the articles in Norwegian and an English translation.

CLA IN NORWAYS LEADING BUSINESS MAGAZINE

 

Recently El Diario, a Spanish national newspaper also ran an article on the Anfi cases and the Supreme Court judgements. These rulings appear to have caused quite a stir in Spain, probably because it has made legal history, as well as putting Spain at the forefront of protecting customers from the timeshare industry.

The following link shows the El Diario article.

eldiario

 

http://www.eldiario.es/canariasahora/economia/Anfi-timesharing-reclamaciones-clientes-anticipos-ventas-turismo_0_504650586.html

 

Another newspaper MaspalomasAhora (Maspalomas Today) also ran an article explaining the Supreme Court rulings. They also highlighted the number of cases that are ongoing and those in the process of being submitted. The amounts of money involved so far are quite staggering, with this being set to increase substantially.

 

Follow this link to view the article.masahora

 

http://www.canarianlegalalliance.com/maspalomas-ahora-highlights-cla-cases-anfi-group/

rdo-logotatoc logoholiday clubanfi logo

So it would look like all the information the RDO, TATOC, Holiday Club and ANFI have been putting out is false. These and other timeshare companies have been denying anything is wrong, that there are no court cases against them. The press around Europe seems to disagree with them. They have highlighted over the past year, many of the cases that this particular law firm has won, including all the Supreme Court Rulings. The industry is certainly feeling the pinch, but they only have themselves to blame, their past and ongoing greed is catching up with them.

 

Inside Timeshare will bring you the latest information as it is received. If you have any question regarding anything to do with timeshare, holiday clubs, resale, relinquishment or how to claim Inside Timeshare will give you the best advice possible. If we don´t know the answer we will find out.

Supreme Court Strikes Again: Another Ruling against ANFI Contracts.

The latest news to be published in the court battle between ANFI and timeshare owners confirms earlier Supreme Court Judgements.

 

On 6th April 2016 Canarian Legal Alliance posted their latest victory in this ongoing case. They received yet another favourable judgement from the Supreme Court. In this announcement the court has declared that its previous decisions to find Floating Weeks Illegal is upheld. In its rulings the court has declared that selling weeks without a room number or week number specified is illegal. (see link at end of the page).

With this ruling it puts into doubt ANFI´s and the RDO´s assertions that the previous rulings were wrong. We now wait for another statement from these two organisations as to this latest ruling.

anfi logo CLA Logo

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

 

http://insidetimeshare.com/my-thoughts-today/

 

So what does this mean for other resorts that have also sold Floating Weeks?

 

Obviously it will affect them in the same way, the court has again stated these contracts are illegal in Spain. Any resort or company that has sold them is now open to litigation and the contract declared NULL & VOID. The consumer in Spain at least is now getting the protection that the original EU Timeshare Directives sought to give. It is now up to other countries within the EU to do the same. After all, there are many owners who have been sold the same product, but have no redress due to the country they purchased in.

SUPREME COURT CONFIRMS : ANFI FLOATING WEEKS ARE AS ILLEGAL AS ALL THE OTHERS


Inside Timeshare will keep you updated on the latest developments as we find them. If you have any questions or concerns get in touch and we will do our best to find you the answers.

Diamond Resorts International: Share Price Falling.

On the 22nd January 2016 The New York Times ( by Gretchen Morgenson) published an article about Diamond Resorts International. Following this article the Share Price plummeted by around 15% on the New York Stock Exchange. So what prompted this plunge?

 

The article highlighted the high pressure sales tactics that Diamond sales staff employ at their sales presentations. A lady called Mrs Mary Ann Gutierrez aged 77, who had been an owner at Lake Tahoe California for around 25 years, visited one of the timeshare units she owns. While checking in she was given a $100 gift voucher to attend a presentation. She was then subjected to 5 hours of hard sell. Before this happened she had to fill out various forms including her credit card details.

 

The pressure she felt was enormous, but she did not give in, eventually the sales staff gave up trying. The next shock came a little later, a Diamond representative gave her a voided credit card voucher for $4,840. This sum had been deducted from her card without her permission, the Diamond sales staff felt that confident she would purchase, they put the transaction through before the end of the meeting.

nyt logo

This was not the only case The New York Times Highlighted. (See link below)

 

http://www.nytimes.com/2016/01/24/business/diamond-resorts-accused-of-using-hard-sell-to-push-time-shares.html?_r=0

 

The Consumer Financial Protection Bureau, is looking very closely at the timeshare industry in the US, and many are calling for tighter regulation and controls. It may be that as in Europe self regulation does not work. Is it time for outside control of this industry?

Keep Reading

Holiday Club Letter to Members

It has just come to our attention that Holiday Club is sending a letter to its members. It informs them about so-called ongoing investigations into companies offering legal services to obtain refunds for their purchases of timeshare.

 

It states that these companies are using recent Supreme Court judgements which have stated perpetuity contracts are illegal. In this letter Holiday Club states that this is not the case and the contracts in perpetuity schemes are valid.

 

Having done a lot of research into this, we have found this to be a blatant untruth as the following link shows.

 

Spanish Supreme Court’s decision declaring Timeshare Contracts in Perpetuity NULL & VOID

Keep Reading

Alberto Garcia steps down as director of Mindtimeshare

Fascinating news has just emerged, Mindtimeshare is no longer an association, it has now been transformed into Mindtimeshare SLU. This now makes it a Spanish Registered Company, or the equivalent of a Limited Company in the UK. This news was posted on the the mindtimeshare.com web site on 7th March 2016.

RDO Logo

Then on 11th March 2016, The RDO (Resorts Development Organisation) which funds Mindtimeshare posted the following.

Alberto Garcia Head of RDO Enforcement and Director of Mindtimeshare had asked to stand down from these positions. Before leaving he set out his proposals for a restructuring of Mindtimeshare. The RDO also reported that Mindtimeshare had been converted into a Limited Company.

The new Director is to be Pedro Picazo Senti, of the law firm Picazo Associados of Valencia. He had been Alberto Garcia´s legal advisor for a number of years and has also represented many RDO members.

The question now arises as to why has Mr Garcia stepped down? Keep Reading