Browse Tag

Centaurus Mediations

Silverpoint: The Story Moves On

Silverpoint formerly Resort Properties and now also known as Signallia Marketing Distribution SL is no stranger to these pages, or to many of those readers who have in the past purchased timeshares from them.

Many of these purchasers have also been taken in with the promise of “investment packs”, these are packs of weeks and apartments which were sold with the promise of a substantial return after two years. This return was supposed to have happened with the resale of those weeks, but these never happened, leaving many with huge maintenance fees and even bigger Barclays Partner Finance loans.

The story was always the same, the weeks and apartments that the clients purchased could not be sold as they were not sought after, in order to secure the initial “investment” the clients needed to “upgrade” to better quality apartments which were being sought. This “upgrade” would also be financed with a BPF loans arranged by firstly Resort Properties and then Silverpoint.

At the helm of this enterprise was the Chief Executive Officer Mark Cushway, who is still at the helm, although they insist they no longer sell “timeshare”.

Mark Cushway

A few years ago these “investment” packs were changed to “The Company Participation Scheme”. This is where the clients are then sold “participations” (not shares), in “registered” companies. These are actually apartments that are registered as companies with names like Palm Beach 112, using the names of the resorts along with a number, (possibly the apartment).

Once again like the “investment” weeks the whole point is to dodge the strict timeshare laws, which at first Silverpoint were successful in doing so. They actually fooled the courts in the early days that the purchasers were not buying timeshare but were investing in property. Eventually the Supreme Court ruled that these clients were buying timeshare and were not investors, therefore they had the full protection of the timeshare laws.

Since that first ruling Silverpoint has been on the receiving end of many court cases, almost on a daily basis, with the court’s finding for the clients. This is costing Silverpoint hundreds of thousands of pounds, in the past few weeks alone the courts have ordered they repay around half a million pounds.

So as the title says, the story now moves on.

Silverpoint have set up numerous companies and associations with others, to once again dupe the very same clients they duped before.

Inside Timeshare has had many emails from these clients, all have attended presentations either in Tenerife or the UK, all with the same purpose, to get them to sign up with another product or have their timeshare contract cancelled with the promise of a claim.

In Tenerife it is Centaurus Mediations, with another associate of Mark Cushway being linked to it called Lee Burton. Again this name has appeared on these pages in the past, as a bit of a henchman. (see link below) The pitch is to either sell them Keys Concierge, a so-called “lifestyle” product promising massive discounts, the cost, around £10,000 or a cancellation of the contract.

Lee Burton

Another company linked to Silverpoint is Aspirantco SL, with offices literally across the road from The Suites Beverly Hills. This company claims they are nothing to do with Silverpoint but on Mark Cushways Linkedin page under Silverpoint employees it clearly shows that they are linked. (see PDFs below)

silverpoint employees 1

silverpoint employees 2

We then have Claims Solutions Group, a company we have already highlighted on these pages, based in Aberfeldy, linked to this company is Bryan Wilson, who has recently advertised for “telemarketing” staff for a new call center apparently in West Kirby.

Bryan Wilson third from left

 

 

 

 

 

 

 

 

 

 

Another company linked with all this is Fullbrook Associates of Stirling, again using members data provided by Silverpoint, (see links below).

The purpose is to contact Silverpoint clients, using members data provided by Silverpoint and Mark Cushway, the deal is very simple, they are the only ones who can get you out of your Silverpoint contract. But to do so you first have to pay thousands to do this.

Not bad I hear you say, first they take your money to sell you the illegal timeshare, contract, then you have to pay them again to get out. Sounds like a win win for none other than Silverpoint and Mark Cushway!

So what is the aim of all this?

As we have reported on these pages, Silverpoint is losing hand over fist in the courts, at the rate this is happening they will soon have nothing left. By getting you the owners of these worthless timeshares to have your contracts cancelled, either by trading in for Keys Concierge or by having Claims Solutions Group have them cancelled, you will then have no recourse to take them to court and retrieve all the money you have paid in the past. In other words it is a damage limitation exercise at the same time getting as much of your money as possible.

Inside Timeshare has been reliably informed that Criminal Denuncias along with numerous civil actions have already been filed against many of the participants, we also know that there are many more cases waiting to be heard by the courts, not just for the timeshare “scam” but also for the “company participation scheme”.

If you are contacted by any of the mentioned companies or are enticed to a presentation while on holiday in Tenerife the warning is simple, “DON’T SIGN UP TO ANYTHING, AVOID THEM LIKE THE PROVERBIAL PLAGUE”.

If you have been taken by Resort Properties / Silverpoint with either timeshare or the company participation scheme and want to know how you can legally get your money back, also having the contracts declared null and void, then contact Inside Timeshare for further information. The courts and the law are on your side, don’t let these people get away with what has already been dubbed “one of the biggest timeshare frauds in history”. Time is running out, act now.

Links to previous articles.

http://insidetimeshare.com/start-the-week-new-information-on-centaurus-mediations/

http://insidetimeshare.com/centaurus-mediations-silverpoint-connection/

http://insidetimeshare.com/start-week-joke/

 

Friday’s Letter from America

Welcome to this week’s Letter from America, today Irene Parker reviews a new book EVERYTHING ABOUT TIMESHARES by Wayne C. Robinson, incidentally Irene has written the forward, but first a very brief look at Europe.

It has been reported from one court in Tenerife that one Judge in Court No 5 has decided during a pretrial hearing that a case against Silverpoint does not need to go to a full trial. His reason is that he clearly sees the breaches of the timeshare laws in accordance with the 129 Supreme Court rulings which all lower courts must follow. He will be delivering his sentence in due course, this follows some Judges in Gran Canaria who were the first to do this. This will obviously speed up the process to the benefit of the clients.

Inside Timeshare has also been receiving many emails from timeshare owners on vacation in Tenerife, most of these are Silverpoint members, they have been approach at their resorts by Centaurus Mediations and Keys Concierge, who we have written about on many occasions.

In the meetings that they have been coerced into attending it is the same old story, Centaurus tell them they can get them out of their Silverpoint contracts and get them compensation, for fee that is. Keys Concierge offer the same but with a membership to their “Lifestyle” product, which offers “massive” discounts on holidays etc.

Both these companies are closely linked to Silverpoint, so we know what this is all about, Silverpoint are losing heavily in the courts, costing them hundreds of thousands of pounds for their illegal product and contracts. By getting the members to “cancel” these contracts it then stops them taking Silverpoint to court to have the contracts declared null and void plus get all their money back.

Do not fall for this, if you have a Silverpoint membership and would like to know if you do have a valid case, then contact Inside Timeshare, we will check this for you free of charge and then point you to the best solution.

Timeshare Crusader, Lisa Ann Schreier has asked Inside Timeshare to publish the following:

Lisa Ann Schreier has a media opportunity and is looking for timeshare owners who can assist. The first is for an owner who has not been able to get into their home resort despite trying to book months in advance, yet found rental opportunities available on non-owner websites. The second is for anyone who has purchased a DRI or other ‘sampler’ or trial package.

Now for this week’s Letter from America.

EVERYTHING ABOUT TIMESHARES

  

A Book by Wayne C. Robinson

Wayne was raised an army dependent on military bases in the United States and Europe. He graduated from the Munich American High School in Germany, and then continued his higher education at the Berklee College of Music and the University of North Texas.

Finally, in 1994, Wayne decided to follow his dreams of travel and people. He attended the International Tour Management Institute (ITMI) in San Francisco, California.

Wayne was also a United States Navy journalist. He is the author of The African American Travel Guide; How To Work in Vacation Hot Spots, Change Your Thoughts Change Your Destiny and Job Hunting Secrets They Don’t Tell Us About

His books are sold on more than 100 online bookstores.

https://everythingabouttimeshares.com/wayne-c-robinson-author/

By Irene Parker

September 14, 2018

In America, Democrats and Republicans may be a member of the same political party, but that does not mean all Democrats or all Republicans agree within their own party. Similarly, I may not agree with all points Wayne presents in his book, but we agree on the following points:

  1. Timeshares are sold by some agents deceptively,
  2. The oral representation clause has been overused and over abused,
  3. The buyer often makes a timeshare decision without adequate information,
  4. The consequences of making the wrong timeshare decision can be financially devastating,
  5. The buyer is almost always unaware of the limited to sometimes non-existent secondary market. Most timeshare contracts are perpetual.

There is little enforcement of timeshare regulations in some states without undeniable proof. Consequently, complaints that begin with, “The sales agent said,” are dismissed. In those states there is little to stop deceit and misrepresentations, short of public awareness. In other states volumes of complaints, illustrating a pattern of unfair and deceptive trade practices will warrant an investigation. As of September 10, Inside Timeshare has heard from 578 U.S. timeshare members.   

Charles Thomas and I are honored to be a part of Wayne’s book and we hope collectively to unveil the deception we believe has been allowed to flourish at some, but not all, timeshare companies. The press release for Everything About Timeshare, followed by Wayne’s timeshare tips.

PRESS RELEASE

FOR IMMEDIATE RELEASE

CONTACT INFO:

Wayne C. Robinson                                               

[email protected]

+016 17 411 9684 (Malaysia)

Book Promises Relief For Dissatisfied Timeshare Owners

Former Timeshare Exec Discloses “inside secrets” of the Timeshare Industry

Las Vegas, NV—Date — EVERYTHING ABOUT TIMESHARES: Before, During and After the Sale, authored by a former timeshare executive, might be the relief that thousands of timeshare owners have been seeking. The book shares “industry secrets” that consumers might want to know about and includes much needed exit strategies.   

Author Wayne C. Robinson believes that the book provides a level playing field for consumers before they attend a sales presentation. He claims that he doesn’t discourage consumers from buying a timeshare, but suggests that they research the company and the product before signing a long term contract that may have little to no secondary market.

Timeshare companies have always been very savvy when it comes to marketing – baiting consumers with free vacations, discounts on excursions and even cash to get them to attend a sales presentation. Unless consumers know exactly what they’re doing, the sales teams are professionally trained to execute powerful strategies to make the sale the same day, regardless.”  

Robinson has worked for some of the most popular resorts in the U.S., Canada, Mexico and the Caribbean, including The Holiday Inn Club Vacations, Wyndham, The Manhattan Club, Royal Resorts, and more. He states that there are industry secrets consumers are not supposed to know about, but will be included in his book.  

If consumers knew what really goes on behind the closed doors of the timeshare industry, most would definitely not buy. I am concerned about the plethora of timeshare owners who are frustrated and not sure where to turn. Either the company did not deliver what was promised, or the member can no longer afford the debt.”

Robinson has recently partnered with timeshare advocate, Irene Parker and EU based Charles Thomas, who authors a blog, Inside Timeshare, to educate consumers and timeshare owners to make informed decisions before they buy, sell or otherwise dispose of their unwanted timeshares. Robinson says that Inside Timeshare attracts timeshare members, attorneys, journalists, other timeshare advocates, and especially timeshare owners who feel that they have nowhere to turn.    

The book highlights a variety of relevant topics such as how to get rid of an unwanted timeshare, why he feels that the points system is the worst investment for consumers, and how to get the best usage out of any timeshare. Additionally, it discloses the entire sales and marketing strategies that timeshare resorts use that consumers need to be cautious of.

As a former timeshare executive, I believe that most sales people may be unaware of the damage that they have caused many families long after the sale.  Most seem more concerned about the money they make from each sale rather than the service after the sale.”

Robinson has worked for several resorts that expected him to lie during sales presentations, and this was something that he was blackballed and fired for.

He admits that the book is not for revenge against any of the resorts, but wants to provide consumers with the facts they need to make the right decisions whether they want to buy, sell or get rid of their timeshare.

Contents of the book would be of interest to many timeshare owners who are frustrated between what they were told during sales presentations and their actual experiences.

I recommend that consumers, particularly minorities and seniors, a major target for the U.S. industry, make sure that everything that is stated in the sales presentation is in writing, or don’t buy.”

Robinson says that he has noticed a significant change in the timeshare industry that he feels is not in the best interest of the consumer. One change that he has noticed is the increased pressure to convert deeded weeks to a point system. He believes that this is the worst-case scenario for the consumer and was only designed for the best interest of the developer. He says that the flexibility is merely a perception at a high cost and can be a financial sink hole for the consumer.

Another change he has noticed are the plethora of travel club memberships where owners purchase nothing but air.  Many of these travel clubs, according to Robinson, are using hiding behind brand name resort chains.

“Owners must understand how the business works.  Many of the companies don’t even own resorts. They simply rent out rooms from brand name resorts and list them into the exchange directories. This is misleading as the member perceives that brand name resorts are dedicated to timeshare when they are not.”

EVERYTHING ABOUT TIMESHARES: Before, During and After The Sale is available on Amazon.com, or at the author’s website: www.everythingabouttimeshares

Everything About Timeshares: Before, During and After The Sale

Here are some questions and quick tips consumers want to consider.

  • What is my purpose for purchasing?
  • Do I want to be responsible for yearly dues and related fees?
  • Do I understand there may be little to no secondary market?
  • Am I better off renting someone else’s timeshare?
  • What are the closing costs involved in the sale and who pays them?
  • Are there complaints about the resort by current or past owners?
  • Can I get the timeshare for a lesser price than advertised?  
  • Why is the owner really selling the timeshare?

COMING SOON

For now, get a FREE copy of my report, 13 Shocking Secrets The Timeshare Industry Does Not Want Yo To Know.

Read Our Posts

Thank you Irene and Wayne, we also look forward to contributions in the future from Wayne.

If you have been contacted by any company or fund one on the internet and want to know if they are genuine or will actually do what they say, then use our contact page and we will point you in the right direction.

Do you have story to tell about any “Nightmare on Timeshare Street” which you would like to share with others, Inside Timeshare would love to hear from you.

So that’s it for this week, have a good weekend and if you attend any presentation or update, remember stay strong and focused, do not give in to the slick sales patter and keep your hard earned money safe.

Start the Week

Welcome to the start of another week in the world of timeshare, tomorrow is 9/11 and we shall be publishing another “Nightmare on Timeshare Street” from Veteran George Yamada. He will be sharing his experiences at the hands of his timeshare company and also with a timeshare exit company, so join us tomorrow on The Tuesday Slot.

Veteran George Yamada

Last week was the first full week the courts were open after the August break and what a week it was for the lawyers at Canarian Legal Alliance. The courts issued 12 sentences from previous trials, the first 7 involved Silverpoint, with the Tenerife Courts declaring all contracts null and void along with ordering Silverpoint to repay a massive £536,118.00 a very costly week for Silverpoint.

In Gran Canaria, the Courts of First Instance issued sentences against Anfi Del Mar, 5 in total, once again the contracts have been declared null and void. The amount that Anfi have been ordered to repay clients totals £175,442.00 so in total CLA have secured over £771,086.00 could we be seeing the million pound mark in one week being reached soon?

As well as the sentences, CLA reported many pre-trials had also taken place in various courts around Spain, so it does look as though this is going to be a very busy few months.

Some of the many CLA Lwyers

On the subject of Silverpoint, we have been receiving many emails over the past few days from owners of Silverpoint and Azure in Malta, who have been cold called and offered accommodation at Hollywood Mirage, The company being Centaurus Mediations, a company that we know is linked to Silverpoint, (see link below for previous article).

https://insidetimeshare.com/centaurus-mediations-silverpoint-connection/

All readers have the same story, for a substantial payment of around £9,000 (average taken from all readers) with at least £1,500+ taken as a deposit on the day, Centaurus will cancel your contract with Silverpoint. There has been no mention of any compensation, well we know even if there was, none would be forthcoming.

What a joke this is, first you have been sold illegal contract by Silverpoint, this is borne out by the hundreds of court cases that have been filed against them, 7 reported above, now a company set up by Silverpoint is attempting to take even more money from you to cancel their own contracts!

Well we do know the reasoning behind this don’t we, once the contract has been terminated, then they are safe from being taken to court by you!

If you have a Silverpoint timeshare purchased in Spain and want to know how to get it declared null and void (not cancelled) along with all the money you have paid, then contact Inside Timeshare and we will point you in the right direction.

Another of our US colleagues Lisa Ann Schreier, also known as The Timeshare Crusader, has asked that we publish the following link to a webinar she is co-hosting later this month.

https://www.eventbrite.com/e/timeshare-crusader-ficlub-present-wont-get-fooled-again-repair-dont-repeat-your-mistakes-tickets-49253974965

This is entitled “Don’t get fooled again – repair don’t repeat your mistakes”.

The webinar is being arranged jointly by Lisa and Fi Club, it should prove valuable to our many US readers, obviously any European readers are also invited to attend.

Lisa Ann Schreier The Timeshare Crusader

Inside Timeshare will bring you an update from Lisa once this has taken place.

Well that’s it for today, I am on Vacation in sunny Malta enjoying the wonderful history that Mediterranean Island has to offer, do join us tomorrow for our Tuesday Slot.

What a Pitch! Readers Share their Information.

Over the few months Inside Timeshare has been alerting our readers about two companies, Abogados Lopez and Centaurus Mediations, the latest is the pitch these two are using, first Abogados Lopez.

According to the calls our readers have been receiving calls from first Hope Brugge and then a Megan Haywood, they have been appointed to take over cases against timeshare companies, that the client’s case has been brought forward and is going to be heard in the next couple of days.

Hope or Megan need to verify certain information before presenting the case in the court, which if it had already been filed and the case is being brought forward, those details would have been checked before. So the question is why do they need to verify it and file the case at court, is it for credibility?

They also go on to tell the client that the law firm they have paid to do the case for them is actually a scam which is why they at Abogados Lopez have taken on the cases. Hope or Megan even go on to say they hope that the client didn’t sign a power of attorney.

Within a day or so the client receives another phone call from Hope or Megan, this time with the great news that they have won the case and the court has awarded them thousands of pounds in compensation. Now comes the crunch, to get this money released from the court there is a fee to be paid, some have been told it is for taxes.

This fee has to be paid by bank transfer, the client receives an email with all the bank details, there is only one major problem here, the account is in the name of a private individual. Now, we don’t know about you, but we have to ask, why is a so-called law firm using bank accounts in the names of private individuals?

Unfortunately, due to readers of our pages getting in touch with Inside Timeshare or their law firm they have realised that this is just an elaborate “SCAM”. When they confront Hope with this she gets very aggressive, raising her voice and telling the client that they are not the “SCAM” but everyone else is. She then slams down the phone. Oops, chucking dummies out of the pram!

The next pitch our readers have told us about is another that is being used to gain “credibility”, this involves Centaurus Mediations SL in Tenerife, a company that is not unfamiliar to our pages and that we know is linked to Mark Cushway and Silverpoint.

In this case the representative from Centaurus knocks on the doors of Silverpoint members at the resort, in this case Hollywood Mirage. In the case of our reader it was a young lady, she informed them that they had been “appointed” by the court to act as “mediators” following court cases against Silverpoint.

When questioned the young lady was unable to answer any questions as she stated she didn’t work with the mediators, but acted on their behalf to contact clients. She then made an appointment for them.

At the appointment they were greeted by the same girl, and introduced to a man named John who was described as a “Paralegal” and would explain their options.

The clients then asked where did Centaurus get their contact details and information that they were staying, apparently John looked a little flustered and reiterated that the court gave them the details. Obviously the client did not believe them and informed them of this even stating that it was a breach of protection of data, that the court would not pass on any information without informing the client.

John then brought over another person called Taz who he called the owner and his manager, this Taz told the clients that the court had ordered Silverpoint to supply them with weekly lists of Silverpoint clients stay at the resorts.

Obviously our readers did not believe all this baloney, informing them again that it was a breach of data protection and that they believed that Centaurus was in fact working with Silverpoint and getting the data direct from them as part of Silverpoints enterprise.

At least our readers in this case had the good sense to realise that what they were being told was not true.

Silverpoint is that desperate that they set up a company to act in this way and swindle their own clients yet again, don’t forget they are also using two companies in Scotland for the same thing, Claims Solutions Group in Aberfeldy and Fullbrook Associates in Stirling.

Inside Timeshare warns all its readers beware the “pitch” which is designed to give credibility to the company that is contacting you. Question what you are being told, remember the courts do not appoint or order companies to contact timeshare clients. This information is coming from one source and one source only Silverpoint!

If you have had an experience like this then Inside Timeshare would like to hear from you, it will serve as a good warning to others. If you need to check on any company that has contacted you or one you have found in the internet, then contact Inside Timeshare and we will point you in the right direction.

News on Wednesday: More Warnings

We start today with another warning about the “Fake Law Firm”, Abogados Lopez, more readers have contacted Inside Timeshare with information on the calls they have received from Hope Brugge, claiming to be working for Canarian Legal Alliance.

According to our readers, many of whom are existing clients of CLA, the call is to inform them that their case is about to go to court and she needs to confirm some information before submitting the case. This is obviously a fishing call, as if you have a case with a legitimate law firm they would already have those detail and they would have been confirmed at the start.

Within a few day Hope Brugge calls again and informs the client that the case has been won and a substantial amount of money has been awarded. In order to have this money released, (yes you guessed it), Hope Brugge and Abogados Lopez need a fee to release it. The client is given bank details for a named individual to transfer the money.

The telephone numbers being used are:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

Another number that has been used is

0044 1291 440 500 which is a Chepstow code.

If you receive any call of this nature do not be fooled by them, if you are an existing client of any law firm, contact them directly and inform them.

This is a blatant fraud, which the authorities are aware of.

Another reader has also informed us that another company has been contacting owners who purchased with Azure Resorts in Malta, using a Barclay Partner Finance loan agreements. Unfortunately the reader was not able to get the name properly so we will not speculate and guess.

According to the caller they are working with the FCA (Financial Conduct Authority) to bring a “class action” against Barclay Partner Finance on the 19 June, all rather urgent wouldn’t you say?

There is a case on that date being brought by the FCA, but this has nothing to do with what this company are on about. The case is being heard at the Upper Tribunal (Tax and Chancery) of the Royal Courts of Justice.

The case revolves around a validation order sought by BPF for loan agreements made by Azure Resorts for timeshares in Malta, it turns out that the company brokering and arranging the loans was not authorised or licenced by BPF to do so. BPF turned to the FCA to have these agreements validated. These are only for certain clients who signed these agreements between April 214 and April 2016. If you did not receive any information about this in February 2018, then you are not involved.

The FCA on the evidence made out a validation order to have the loans legally recognised, as no client had suffered the “possibility of any consumer detriment arising from the manner in which the unauthorised broker carried out its activities”.

Unfortunately, the FCA was not aware of the full facts and many clients made complaints, the FCA has now sought to have this validation order overturned in the light of these complaints and new evidence put forward by the clients.

Inside Timeshare will keep you updated as to the outcome of this hearing.

It seems that according to information from our readers, Claims Solutions Group are contacting Silverpoint clients, (which we already knew), but this time using Brexit as the reason only they can help.

According to the caller, once the UK leaves the EU, it is going to be very difficult for any owner of a Silverpoint timeshare to get out. Now why would this be the case?

Obviously it is another scare tactic, to get Silverpoint owners to take up their services, for a fee off course, to get them out of a Silverpoint timeshare. Remember Silverpoint are working with this company and FullBrook Associates.

http://insidetimeshare.com/start-the-week-new-information-on-centaurus-mediations/

Sticking with Silverpoint, another company Centaurus Mediations is also using another tactic, this time it is at their offices in Tenerife. According to our reader, they were told that Centaurus had been appointed by the court to mediate following several court cases against Silverpoint, many of these cases have been reported on these pages.

Now considering that Centaurus Mediations is part of the Silverpoint setup, using data supplied by Silverpoint, plus the fact that the courts do not appoint any company to mediate or carry out any work such as this, points to one blatant lie. Only one of the many made over the years that Silverpoint have been operating.

The one thing in common is they all state that it is only them that can get you out, well Inside Timeshare begs to differ, the court results that we have reported on show that Silverpoint is on the run. At least 45 rulings against them from the Supreme Court, rulings against them on an almost daily basis in the lower courts, with many more waiting to be heard, that is the truth of the matter.

If you have any questions or comments on any this or any other article, then use our contact page and get in touch.

Have you been contacted by any company offering you a claim or stating that a case has been won and there is a substantial amount of money waiting for you at court then contact Inside Timeshare, your information can help others avoid losing thousands.

Timeshare Claims Companies and No Win No Fee

On 5 March, Inside Timeshare published the article about Aspirantco SL, we have been reliably informed of inaccuraccies in this article, which was based on information received from sources we believed reliable.

Inside Timeshare would like to put the record straight. Carl Alan Jenkins and his company Aspirantco SL are nothing to do with Silverpoint or Mark Cushway.

Aspirantco SL are now the official marketing company for Excel Resorts, which is the management company for all the properties in the former Silverpoint portfolio. Excel Resorts cancelled the contract with Silverpoint and Mark Cushway for the sales and marketing of the resorts.

Centaurus Mediations is linked to Mark Cushway and Silverpoint companies.

Carl Jenkins was the former second in command for Mark Cushway, but he resigned as he did not agree with the sales and marketing practices that were being used by Silverpoint. His company Aspirantco Sl are endeavoring to readdress the past mistakes and operate within all legal boundaries.

Inside Timeshare apologises to Carl Jenkins and Aspirantco SL for the misleading information published in the article. Inside Timeshare should have made more stringent checks on the sources. We hope that Carl Jenkins accepts this written apology.

gave

Today’s article is in response to many enquiries that Inside Timeshare receives on an almost daily basis, it centers around the promise of no win no fee claims.

From the many companies now operating in this field, especially since the Spanish Supreme Court ruled that many contracts sold in Spain are illegal, this has become a growth industry.

Firstlly, if you purchased or upgraded an original purchase in Spain since 5 January 1999 and your contract has the following, then you may just have a valid claim:

  • The contract is for a duration of more than 50 years, what is usually known as perpetuity;
  • You have been sold either floating week or points systems, (in many cases this may include fractional);
  • You paid a deposit or even the full amount within the 14 day cooling off period, (in some cases this may be extended to 90 days).

In order to claim it has to be done through the Spanish courts and legal system, this will mean employing a lawyer or law firm with the relevant experience in this field. Not all lawyers will have the correct knowledge of the laws involved.

For example Inside Timeshare knows of one German owner who took on the services of a German Lawyer based in the Canary Islands, to file a claim against Anfi. Unfortunately this particular lawyer wrongly informed his client to stop paying the maintenance fees. Eventually the case went before a judge at the Court of First Instance in Maspalomas, he lost the case. It was deemed that because he had not kept up his maintenance fees he was in breach of contract and his membership had been cancelled.

So what is involved in taking out legal action in Spain?

Once you have found a reputable law firm or lawyer with the correct experience, all contracts will have to be translated into Spanish.

A Power of Attorney will need to be signed to allow the lawyers to act on your behalf. This is not a full Power of Attorney and is only applicable to that case. It can be done either in Spain or at a notary in your own country.

Once this has been done they are then sent to the assigned lawyer for case preparation.

They will then be passed to a Procurador to file at the court along with the relevant court fees and taxes. A judge will then be assigned and the process will start.

For this to be put into place legal fees are required to be paid, these cover all of the above and are payable either in full or can be paid by installments depending on the firm or lawyer you instruct. They do not work on a no win no fee basis.

There are so many companies now that are telling owners that they have a claim and will do this on no win no fee. Then comes the crunch.

In order to do the claim a rather hefty amount of money will need to be paid to cancel the timeshare, or what is known as relinquishment and then the claim can be lodged. In some cases the client also has to buy into another product.

The problem is once a contract has been terminated then no claim can be filed at any Spanish court, so where and how is the claim going to be done?

section 75

The most common is through Section 75 of the Credit Consumer Act 1974.

Unfortunately most owners will have purchased more than 6 years previously, which most card companies use as the cutoff point. Also the fact the owners will have most probably used their timeshare in the period since they purchased.

So the timeshare resort or company will quite rightly state that the owner had received the goods or service they had paid for, after all they have taken the holidays.

Section 75 will cover:

  • Not receiving the goods or services paid for.
  • The company has gone into liquidation.
  • Faulty goods or goods not fit for purpose.

It does not cover the fact that you were sold a timeshare product that has been deemed an illegal contract in Spain.

As for timeshares purchased elsewhere, the same would also apply under section 75.

For information on what is involved in a section 75 follow the link to the Martin Lewis website:

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

There are some UK firms that will offer a claim through the Spanish courts on a no win no fee basis, which may be genuine, these will use what are known as litigation funding. In essence these are companies that speculate on the probability of a win and will invest the funds to pay for the legal services. These will result in at least 40% of any funds awarded being taken in commission. Many of these types of litigation funders are used for class actions.

If you are tempted by these type of offers, one thing should be taken into account, an insurance policy should be purchased to cover any costs in the event of losing and being awarded the other sides costs, or you could be in for a bill of thousands.

There are some very basic questions you need to ask, if they are unable to provide any answers then you do need to think very hard in accepting their offers.

  1. What type of claim are they doing, is it a section 75 or are they using the courts?
  2. If they are using the courts, which jurisdiction are they using?
  3. What are the names of the lawyers including bar association membership numbers or the law firms they will be employing?
  4. If on a no win no fee basis, how is the court case to be funded?

Remember, not all timeshares sold will be valid to make a claim, off course the company talking to you will tell you that you do have a claim, after all they are sales people after your money.

It is also fair to point out that many law firms only offer no win no fee for injury, accident and medical negligence claims, these are where the client is going for compensation. With timeshare claims you are not getting compensation, but the return of money originally paid for a contract that is deemed illegal.

If you have been contacted by any company offering any of these services and would like to know the truth behind what they are saying, contact Inside Timeshare and we will give you an honest answer.

Want to know if a company or law firm is genuine again contact Inside Timeshare, don’t forget, doing your homework will save you in the end.

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The Monday Briefing

Welcome to the start of another week, we begin with a quick look at a few companies that have been contacting timeshare owners with regards to claims.

The first is a company called Burgess Cooper International, according to information received they have an address in Dublin, Republic of Ireland:

Clifton House, Fitzwilliam Street Lower, Dublin, Ireland

This address is the Clifton House Business Center, which provides short and long term serviced office space. These types of offices are in regular use by many of the companies we highlight. There is also no record of any company registration either in Ireland or the UK Companies House.

Burgess Cooper also give the following telephone number: 03333 444 053

They also have a website

www.cooperburgessint.com

which was registered on 24 November 2017, the registration details are privacy protected, which means we are unable to find out who is behind this company. Their email address is linked to the website:

[email protected]

Now considering when this website was registered it does make their claims to clients on their success very dubious indeed, in fact they show two case studies on their website, although they do not give much in the way of detail.

It does look like the type of claim the will be filing for a client will be under Section 75 of the Credit Consumer Act 1974, this will be against the owners credit card company. One fact to remember here is most will have purchased over 6 years ago, will have used their timeshare and therefore will not have a valid claim against the credit card company. So do they also then make a charge for relinquishing the timeshare as the claim is on a “no win no fee” basis?

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The next is Centaurus Mediations, their website was registered on 2 November 2017 and once again is privacy protected:

http://centaurusmediations.com

[email protected]

The telephone number they provide is. 0034 922 927643

The address they give on the website is:

237/3 Royal Palm, Calle Santa Rosa 1 Los Christianos Arona

and they also show a map on their contact page. The strange thing is according to their About us page, “Centaurus Mediators has its headquarters in our luxury Tenerife offices”. Which also house their mediators, negotiators, claims assessors, human resources, accounts and company officers.

Yet this address if for the The Royal Palm Holiday Apartments, so looking at Google maps on satellite view, there appears to be no luxury offices on that street, could they just be using an apartment?

According to their website they have already had the following success:

  • 327 Mediations
  • 151 Relinquishments
  • 97 Successful Claims
  • 64 Agreed Terminations.

There is a company registration with the CIF Number of B76750868 according to the registration Centaurus Mediations SL was only registered on 31 October 2017 so considering this date the above statistics are very impressive. The Sole Administrator is one Caroline Hiberry, who is also listed as the sole administrator for the following companies:

Some of these are very familiar from the past.

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Another company that has surfaced is Britanica Consumer Consultancy, with the address:

130 Old Street, London. EC1V 9BD

Which again is a service address.

Telephone number: 0207 100 9649

There is no website and the email address is just one registered with outlook.com

[email protected]

No registration at company house can be found, so with the information above does make the company look very dubious indeed.

The modus operandi is very familiar, the owner is told that the court has awarded them a substantial amount, even though they didn’t even know they had a case or claim at court!

A slight difference to this operation is that it is not “tax” that needs to be paid to release the money, it is translation costs for all the paperwork. The cost for this is in the region of £2,000!

The strange thing is how did the court have the case before the paperwork had been translated into Spanish?

Again, unless you have employed the services of a lawyer, had translations done and had your case filed at court then you will not have a case or any money awarded to you. The courts do not award money in this way, they also do not employ the services of any company to trace clients.

Just these three companies we have highlighted goes to show how careful you must be, if you are contacted by any company offering anything similar to the above think and think again. Do not part with any money especially by bank transfer or any other means such as Western Union. It is also very important to remember any reputable company does not ask for payments to be made into the name of a private individual.

If you require any help in checking the validity of any company or the story they tell you, contact Inside Timeshare, we will point you in the right direction.

Remember doing your homework will save you a lot of money in the end.

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