Browse Tag

High Court

Anfi Special General Meeting, The Vote is In.

As we reported in Friday’s Letter From America, Anfi held a Special General Meeting at the H10 Hotel in Meloneras, Gran Canaria, the subject was the change in contracts to bring them into line with the law.

There were three resolutions on offer,

Voting on Resolution 1

To establish occupancy periods for a maximum of 50 years duration, with an option to extend for further recurring occupancy periods of 50 years.

This will bring the contracts in line with the 50 year rule established in Spanish timeshare law, but it allows you to extend voluntarily to another 50 years.

Voting on Resolution 2

To limit the duration of the Timeshare Scheme to a maximum of 50 years.

The same as resolution 1 without the option to extend to another 50 years.

Voting on Resolution 3

Total change of Timeshare Scheme to adapt to Spanish Act 4/2012.

This adapts the contract to  “Rotational Enjoyment Rights” Anfi explains it thus:

“Every current holder of a membership certificate shall be allocated a number of rotational enjoyment rights, equal to the number of membership certificates they currently hold and which will entitle them to enjoy the same week of use as they currently hold”.

The preliminary results are as follows, (these are not confirmed):

Anfi Beach Club

Resolution 1

  • In the favour: 4342 votes
  • Against: 140 votes
  • Abstention: 34 votes

Result: Approved

Resolution 2

  • In the favour: 2750 votes
  • Against: 1696 votes
  • Abstention: 119 votes

Result: NOT Approved

Resolution 3

  • In the favour: 2750 votes
  • Against: 1657 votes
  • Abstention: 115 votes

Result: NOT Approved

Club Monte Anfi

Resolution 1

  • In the favour: 2604 votes
  • Against: 245 votes
  • Abstention: 38 votes

Result: Approved

Resolution 2

  • In the favour: 1106 votes
  • Against: 1629 votes
  • Abstention: 161 votes

Result: NOT Approved

Resolution 3

  • In the favour: 1105 votes
  • Against: 1635 votes
  • Abstention: 156 votes

Result: NOT Approved

Club Puerto Anfi

Resolution 1

  • In the favour: 2358 votes
  • Against: 131 votes
  • Abstention: 29 votes

Result: Approved

Resolution 2

  • In the favour: 1287 votes
  • Against: 1142 votes
  • Abstention: 88 votes

Result: NOT Approved

Resolution 3

  • In the favour: 1304 votes
  • Against: 1126 votes
  • Abstention: 86 votes

Result: NOT Approved

Resolution 1 has been accepted for all three resorts, which is:

“To establish occupancy periods for a maximum of 50 years duration, with an option to extend for further recurring occupancy periods of 50 years”.

So how does this affect you?

Quite simply it doesn’t, it will only affect new contracts, the owners club does not have the right to change a bilateral agreement that was signed between you and Anfi. It will only affect you if you agree to and sign the new contract. If you do not accept the new contract your existing one remains in force, which means your contract is still a perpetuity one, which is still illegal under Spanish timeshare law.

This obviously means that you may claim back the purchase price and have the contract declared null & void. For those who do have claims underway in court, this is crucial they do not sign, as it would then make the claim invalid.

It is obvious that Anfi want you to change, it will save them a lot of problems in the courts, but it is your decision, not theirs!

As more information comes in we will publish so you have the facts.

update bricks

Since publishing we have received the following facts from Canarian Legal Alliance, they have contacted us with these figures and the latest judgment:

On Friday 23 June the HIGH COURT in Las Palmas announced the latest sentence against ANFI, with the contract being declared null & void with over 10,000€ being awarded back to the client. This was for a contract in perpetuity.

These are real figures direct from the Canarian courts along with real payouts. They are real sentences which are all ready to be executed (naturally all these amounts and sentences can easily be verified as they are public record), with many of these sentences published as news on this website as they happened. (search Supreme Court, High Court and First Instance).

So far overall court achievements from CLA against ANFI

• pay-outs to our clients from ANFI cases so far 1.133.560,06 €
• won cases ( all closed and ready for executions ) in the Supreme Court , High Court , and First Instance Courts with orders against ANFI for payments are 3.269.547,02 €
• On top of this CLA has 323 live cases in court and 279 soon to be presented.

So contrary to the spin Anfi try to put on all this, the courts are finding for clients, with Anfi having to lodge the money with the courts. The truth is out there for all to see, not just against Anfi but other resorts as well.

Friday’s Letter From America

Welcome to this Friday’s Letter from America, first a recap on the past week.

On Monday we wished the National Timeshare Owners Association a happy anniversary. For 20 years this organisation has been the voice of US timeshare owners, it is a totally independent body, not governed by the industry. Greg Crist the CEO works very hard to create a dialogue with the industry, he believes as we do that without dialogue there can be no changing of attitudes.

We also warned about another new addition to the Litigious Abogados family, Abogados Amable & Garcia.

Their website http://www.abogadosamablegarcia.com/ is the same as all the others, except for new photographs of the so called “lawyers”, (probably just downloaded from the images on the web), even the names are variations of the others used. We have yet to see what the paperwork is like and what names appear on those and the emails, somehow we think the “Departmento Legal” will have the same ladies names as all the others.

Yesterday we publish the story about the legal action by the London law firm Edwin Coe, who are representing around 106 clients against Barclays Partner Finance. This case is being held at the High Court in London, it revolves around the issuing of loans for the sale of timeshare as an “investment” by Resort Properties / Silverpoint, with a claim of over £1.5 million.

This article has already prompted a huge response on both sides of the great lake.

On another matter, it would look like that MGM Muthu (formerly Petchy) are being very aggressive in chasing “arrears” in maintenance. Many of these that we are hearing about are those who believed they no longer owned as they “sold” years ago.

These demands are coming from “Customer Services” and signed by Luliia Sulovei. They threaten court action if they are not paid and also demand around £3000 plus the “arrears” to be paid for them to grant a surrender. Most of those contacting Inside Timeshare are elderly and some are widows. This is not a nice situation and in our view amounts to bullying and extortion!

extortion

We will be publishing a full article on this in the next week or so.

Now, on with this weeks Letter from America.

Don and Irene are making their way back home today from Arizona. Irene met many new and old Diamond Advocacy Group friends during her stay and two baby rattlesnakes. (These may have been trainee sales agents). Irene has a degree in biology and said she used to teach a class on reptiles. Irene says she likes snakes and alligators (you would need to to survive a timeshare presentation). Yes, they were rattling.

Irene would like to thank Diamond CEO Michael Flaskey, intervening on behalf of the ailing pool table at Spoke and Wheel restaurant at Los Abrigados in Sedona. Kyli, the restaurant manager, contacted Irene informing her that the antique Brunswick pool table (and I thought Brunswick only made pin spotters) is to be restored to its original glory and another manager, that same day, went out and purchased additional pool sticks (we call them cues). Don and Irene ate at the restaurant. The food was superb. While dining, the Diamond Advocacy Group gained a new member. Many of the guests staying at Los Abrigados are original ILX owners. Now they are Diamond members.

Eron Grant is not a pool table, but she hopes Mr. Flaskey will show her family the same compassion.

Diamond Resorts was a Huge Mistake!

Good choice

By Eron Grant

May 12, 2017

I have asked Inside Timeshare to publish an account of our experience with Diamond Resorts. We hope to warn others to not fall victim to high pressure same day sales and encourage readers to become involved with our Diamond Advocacy Group before buying something they will live to regret later.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

Many Diamond members are happy with their Diamond membership. I believe if sold properly, Diamond’s vacation program could be of benefit to some families. In our case the program was grossly oversold in terms of availability. The Diamond program will not work for us as we have all the basic timeshare benefits we need as Marriott timeshare owners.

Here’s what happened

We stayed at Diamond’s resort, The Ridge in Sedona Arizona, over Thanksgiving 2016. We booked our stay through Interval International. At the time, I had not heard of Diamond Resorts.

I called the concierge at The Ridge to ask for restaurant recommendations. She said she would get back to me. I thought it odd that a concierge needed to get back to a guest about restaurant reservations.

Later that day the concierge called back asking if anyone had scheduled us for a presentation with a DRI team member. She told me about a few restaurants she thought we would enjoy, adding that Diamond would give us a $150 gift card if we agreed to attend a 90 minute sales presentation. We agreed.

When we arrived we told the sales representative, Karen Calvano, we had a tee time scheduled in a few hours. She seemed irritated and said we would not be finished in that amount of time. Puzzled, we told her the concierge told us the meeting would only take 90 minutes. She wanted to know who told us that. She complained about the tee time when we followed her to the presentation area. She kept saying that she felt rushed going through the presentation. The presentation lasted six hours.

Ms. Calvano told us that Diamond owns numerous properties and that finding something in our local Texas area would not be a problem. We specifically asked about Texas and Louisiana because we are both working and with the kids, we can’t easily fly to take vacations due to the expense and trouble flying entails. We did say we could drive to New Mexico to ski with our kids, and added that we wanted to stay at Great Wolf Lodge.

We agreed to purchase 3500 Diamond points. When I tried to book Great Wolf Lodge, I learned it would take approximately $11,000 in equivalent DRI maintenance fee dollars to stay one week at Great Wolf Lodge when it could be booked online for $3,300. The same holds true for New York City and other big cities because Diamond does not own these properties. They are “affiliated” properties so never discounted.

I recently got in contact with another Diamond member on our DRI Advocacy Facebook group who reported an almost identical complaint. According to a DRI customer service representative, the only property available near Boston was Great Wolf Lodge Fitchburg.

The Fitchburg property was available August 14 – Aug 18 for 16,000 points.

Diamond only had availability for a Deluxe Queen.

Searching the Great Wolf Lodge Fitchburg site directly, Great Wolf had availability for a Wolf Pup Den for four nights for $1429.96 plus 270.31 tax totaling $1700.27.  At $.23 per point DRI maintenance fees, this equals $3,680 in equivalent maintenance fee dollars so $3,680 for the same property, the same week, could be booked directly with Great Wolf for $1700.

Back to our Diamond experience

Ms. Calvano told us we would be assigned the Platinum loyalty level due to being Marriott members. We own a three bedroom Marriott timeshare in Fort Lauderdale, Florida. Therefore, Ms. Calvano said we could book a studio room and upgrade three times at no additional fee. Later we were told this was not true.

As we were leaving, Ms. Calavano said to contact her at any time if we had questions or needed anything at all. I emailed her on December 1, 2016 with a question but never heard back.  

In December 2016 Linda Barton, Member Marketing Agent called us and asked to attend an “orientation for new members”. She said we would learn all about our new membership, and told us to be sure to bring our tablet given to us by DRI. The orientation took place January 13-15, 2017. It was called a Diamond “Once in a Lifetime Event” in Orlando, FL. My husband had asked what this event of a lifetime entailed. He was told we would learn all about our new membership and possible upgrades. “But we just purchased our membership! We are not going to spend any more money,” my husband informed Ms. Barton.

Looking back, we should have suspected the orientation would end up a sales presentation. At the orientation the sales representative, Chris, told us we would only be allowed to upgrade one time at no extra fee. This contradicted what Karen Calvano had initially told us.

Chris said at the orientation we could sell our points back for 30 cents per point if we were platinum, but the brochure we had been provided said it was 10 cents per point. When my husband asked Chris to show us on paper where it said $.30 cents per point, Chris pointed to his handwritten notes to show us where he had written that number down. My husband demanded he show us somewhere in the DRI paraphernalia where it said points could be sold back for $.30 per point, but Chris said, “Never mind if you’re not interested. I don’t want you to have hard feelings.”

Next, we were handed over to another DRI employee who repeatedly said, “I am not sales.” He then proceeded to encourage us to purchase more points, because we could get them at a low cost of $4 something per point which, according to him, was unheard of. The fee to purchase the additional points was over $3,000 with another $4,000 something due in a year or so after that. We turned it down. This ordeal took over 3 hours.

We contacted the Diamond Resorts Advocacy Group at Diamond that promises “to assist Diamond member from Day One should a member have questions or concerns about their purchase!”

Diamond refused to cancel our contract. We filed a complaint with the Arizona Attorney General after learning Diamond had been issued an “Assurance of Discontinuance” as a result of over 400 complaints filed against the company just in Arizona. Diamond automatically denied our claim, but after filing a rebuttal the Arizona AG said we are eligible for consideration.

In response to the Arizona AG action, Diamond has introduced a new program called Clarity that is about Accountability, Transparency and RESPECT for the customer. As far as we are concerned, nothing could be farther from the truth.

Here’s a bit of information about one of our local Texas businesses owned by Jim McIngvale. Mr. McIngvale has owned Mattress Mack since 1981. It is a hugely successful business in Houston.  

Gallery Furniture believes in being on the right side, in other words, to be on the Gallery Furniture customers’ side instead of defending the industry. Advocate for the customers! Gallery Furniture makes it very clear, that we’re here for the Gallery Furniture customers, to better their lives with high quality furniture sold at the best price possible, not to pad the pockets of our manufacturers. Come out to Gallery Furniture TODAY for the best customer service in the business… (August, 2015):

http://www.mattressmack.com/macks_weblog/satisfied-customers/

Mr. McIngvale can be booked for speaking engagements.

Customer care

Perhaps Diamond would like to book him soon?

Thank you Eron for your contribution and another thank you to Irene Parker for coordinating it from the States.

Inside Timeshare welcomes contributions outlining your experiences, it helps other to know that they are not alone. Together you can influence the industry, changing the way they view the owners / members, along with the NTOA, the advocacy facebook pages and this publication you do have a voice. The industry is taking note, we know that for a fact, it is just a matter of time before they actually implement real changes.

All it leaves us to say is we hope that Irene and Don have a safe journey home from vacation, that all of you have a great weekend.

weekend cat

 

Making up the News?

Just recently President Trump made very huge faux pas, announcing there had been a terrorist outrage, in of all places, Sweden. It was laughed at around the world with accusations of “fake news” and making up stories to enhance his views.

Well President Trump is not the only one to do this, on 8 August 2014 the RDO published a statement by Silverpoint. They made a big thing of how Silverpoint had appealed to the High Court and had the lower court rulings overturned. The article also stated that these rulings were not being published. Thereby implying that clients were being deceived, well that is the pot calling the kettle black!

Since then, the Supreme Court has overturned many of the judgments of the Tenerife High Court, that there were indeed breaches of the timeshare laws, with many more apparently in the pipeline. The Supreme Court is the end of the line, it is the Highest Court in Spain there is no where else to go!!

Another assertion (we use that term loosely) was that all cases would be lost, warning clients they would be liable for all costs and Silverpoint would pursue them for it. Well have they updated their views? It would seem not. No update that Silverpoint have lost in the Supreme Court, no update that they have been found to have usurped the timeshare laws, no update that it is they who have to pay clients costs and return the money paid. Sorry, these cases never happened. It’s “fake” news is the impression we all get.

One of the most long running cases is that of Mrs Shirley Wilson, who brought a case against the then Resort Properties, then Silverpoint, over the way she was sold multiple timeshare weeks. The case was originally won at the Court of First Instance, this was appealed at the High Court and overturned. Silverpoint claimed that the clients were “investors” therefore did not come under timeshare law.

This news is fact not fiction, as others would have you believe.

The case eventually went to the Supreme Court, it was overturned, with the Highest Court in Spain declaring that the clients were “Consumers” not “investors” and as such had the full protection of the timeshare laws. This has not been made up, unless the Supreme Court doesn’t actually exist in real life!

Only last week Mrs Wilson attended the offices of Canarian Legal Alliance, one of the so-called “scam exit companies” as the RDO put it in their 19 August 2016 news post. Mrs Wilson also attended a dinner to thank the lawyers and legal team for their efforts and hard work, this was attended by several State Prosecutors. Again this is not “fake news”, it actually happened.

Look we even have photos of the lawyers and a client who don’t exist!

law
The Canarian Legal Alliance Legal Team
IMG_6714
Eva Gutiérrez (lawyer), Csilla Nazali Mrs Wilson and Miguel Rodriguez Ceballos (lawyer).

I wonder if the following quote by Mahatma Gandhi is rather appropriate here:

“Truth Never Damages a Cause that is Just”

Or even this quote from Joseph Goebbels:

“If you tell a lie big enough and keep repeating it, people will eventually come to believe it”.

One day, the “fake” news will be replaced by the truth, the truth is starting here, Inside Timeshare will publish the facts. Inside Timeshare will publish what you the consumer needs to know about the timeshare industry. For too long this industry has ruled you, now it is time for you to rule them.

 

Supreme Court Rules against Silverpoint Twice in One Week

In a remarkable announcement the Supreme Court has made another historic ruling this time against Silverpoint. This case involves a retired lady from Yorkshire and has taken 5 years of legal battles to achieve.

The story begins when she purchased a timeshare at Club Paradiso in Tenerife, which she paid £25,000 with the promise that she could sell it at anytime as it would increase in value. This never materialised, she was then lumbered with annual maintenance fees.

In her first court hearing at the Court of First Instance they found in her favour, Silverpoint then took this to appeal at the High Court. This court overruled the first judgement and found for Silverpoint. Their argument was that Club Paradiso did not come under timeshare law as it was a “club affiliation”.

The lawyers at Canarian Legal Alliance did not agree and the case was then taken to the Supreme Court. In their deliberations 8 of the 9 Judges ruled that Club Paradiso did indeed come under timeshare law.

Within two days Canarian Legal Alliance received another ruling against Silverpoint, this time it was a Belgian Client who is now free of their ownership at Hollywood Mirage. Their contract has been declared null and void with the return of over 33,000€ plus legal interest and legal fees. The ruling in this instance was the length of their contract, being over 50 years or in perpetuity.

 

CLA Logo

Canarian Legal Alliance issued the following press release on 20 January 2017:

Canarian Legal Alliance is proud to announce that on 16 January 2017 another historical verdict was delivered by The Supreme Court of Spain.

The case began with the Court of First Instance finding for the CLA British client, this was overruled by the High Court in Tenerife, when the timeshare company Silverpoint appealed the first decision. The High Court’s opinion was that the Silverpoint product Club Paradiso did not fall under timeshare law 42/98, as they considered it was an “affiliation to a club”.

Canarian Legal Alliance felt this decision was flawed and ignored the rights of the consumer, thus appealing to the Supreme Court for clarification of the law. 8 of the 9 judges who studied the case considered that it was indeed a timeshare product as members paid a yearly maintenance fee, which is part and parcel of timeshare. They also concluded that even though the club membership was without a concrete apartment number or week, it was considered a timeshare and was regulated by the appropriate laws.

This is a groundbreaking verdict which will not only affect Club Paradiso and Silverpoint, but will have a significant effect many other club schemes and points systems in Spain.

Another aspect of this verdict was the court’s opinion the British client was a “consumer and not an investor”, again rejecting the ruling from the High Court in Tenerife. Considering this ruling now regards our client as a consumer and timeshare law applies, it gives all consumers of these products protection under the law.

Our clients contract was declared null and void, thus being Silverpoint was ordered to return to the client all payments made amounting to more than 31,000 Euros.

Canarian Legal Alliance is representing over 500 British clients in claims against Silverpoint / Resort Properties. Many of these claims are in regard to the misselling of the timeshare product as an “Investment”, whereby Silverpoint sold packs of weeks with the promise they will sell those weeks on behalf of the client.

With the so-called investment packs, clients were promised a return of at least 15% on their investment, none of these have ever materialised and many people have lost substantial amounts. Not only the initial investment but on subsequent upgrades, these were sold as better investments, as the original purchases were not of the best quality. These also include the payment of large amounts in annual maintenance costs.

This is not the first ruling achieved by Canarian Legal Alliance on behalf of British Timeshare owners, others have included the taking of deposits or any payment within the cooling off period. The banning of perpetuity contracts, floating weeks and point systems, this not only protects British consumers, but allows more British timeshare owners to receive justice in Spain.

The latest news from the Supreme Court:

It was announced yesterday 19 January 2017 that the Supreme Court has reached another verdict against Silverpoint for another client of Canarian Legal Alliance.

This verdict is in relation to the length of the contract being over 50 year, known as perpetuity, contrary to Law 42/98 of the Spanish civil code.

This is good news for many British timeshare owners who purchased in Spain, they now have a way out of their contracts and releasing them from the ever rising maintenance fees.

The following link is for the Supreme Court Announcement:

http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Noticias-Judiciales/El-Supremo-declara-nulo-un-contrato-de-adhesion-a-un-club-de-vacaciones-de-49-anos-prorrogables

Link to El Diario article published 18 January 2017:

http://m.eldiario.es/canariasahora/tribunales/Supremo-condena-empresa-variante-timesharing_0_602990754.html
The Client has also agreed to being contacted if required.  Also for further information on this and other Supreme Court rulings please contact Canarian Legal Alliance:

Case Study: Shirley Wilson , Resort Properties

Another twist in this tale is the press release by Silverpoint, in this they do not agree with the decision. They also believe it will be overturned at a higher court, the question is what higher court as the Supreme Court is the highest in Spain.

According to Silverpoint they have begun working on an appeal to the Spanish Constitutional Court, but from our sources this is unlikely as the matter is not a constitutional one. They also claim they will raise the issue with the Court of Justice of the European Union, we say good luck to them.

As CLA stated in their press release they have over 500 clients with cases against Silverpoint, so this is welcome news for them. Inside Timeshare will follow this and keep you posted on the latest events.

The Northern Echo has already picked up on this case and this can be seen on the following link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

 

2016 End of Year Review

So here we are at the end of another year and what a year it has been, it started with the relaunch of Inside Timeshare, bringing you truthful information and news you would otherwise not get.

One of our first articles explained what fly buys are, the fact you would get a cheap holiday but be subject to attending a presentation. At this you would be pitched a holiday product of some sort, be it a holiday club or timeshare. The article also warned of the pitfalls of not attending the presentation, either being charged the full accommodation price and in many cases being removed from the resort.

We also highlighted many “scams” that timeshare owners have been subjected to over the years including many new ones. The latest being the article on Litigious Abogados (see links). We also showed how some of the so-called resale companies operate, giving you the reader the information to make an informed choice.

http://insidetimeshare.com/1059-2/

http://insidetimeshare.com/litigious-abogados-update/

http://insidetimeshare.com/litigious-abogados-latest-information/

CLA Logo

Another theme Inside Timeshare published was the on-going woes of Anfi, the first article titled: “The Great ANFI Battle of the Partners”, explained the story of the two partners in the Anfi empire, the Lyngs and the Cazorlas. We then published the story of legal history being made with the very first Supreme Court ruling, this was the case of the Norwegian lady, Mrs Tove Grimsbo and her battle with Anfi. The case was brought on her behalf by Canarian Legal Alliance.

Since that auspicious occasion, Canarian Legal Alliance has gone from strength to strength, securing 36 rulings from the Highest Court in Spain, 29 of these have been against Anfi. Others have been against TasolanPalm Oasis and Holiday Club Puerto Calma, with the ruling against Puerto Calma confirming the Fractional did indeed come under Timeshare Laws. This resulted in around 243,000 Euros being returned to a British client.

There have also been 24 High Court and 21 Local Court rulings against various timeshare companies including Resort Properties / Silverpoint and Club La Costa. Some of these Courts have been in Maspalomas, Arona, Barcelona and Fuengirola. There are approximately 800 live cases in various courts and over 2000 clients. The total claim value is around 80 million Euro, with 117.208.00 Euros reclaimed per month, there are on average 2 to 3 cases per week being heard.

(These figures are what we have on file, there have obviously been more cases, but we have yet to receive an update).

This is certainly an impressive achievement by this law firm, who has in the past suffered from some very negative press instigated by the industry itself. Inside Timeshare congratulates the whole team at Canarian Legal Alliance, including the clients who in some cases have waited years for these results.

Another series of articles have been about MacDonald Resorts and the ongoing battle of Mrs B, now known as Mrs Price. It is a case that has riled us at Inside Timeshare, who are fighting on her behalf. The story revolves around MacDonald Resorts refusal to accept that she no longer owns a timeshare at Dona Lola in Spain, continuing to harass this 87 year old via a debt collecting agency Network Credit Services. This harassment has included threats of court action to recover a debt that is not owed, this case has been referred to the Financial Ombudsman Service. Inside Timeshare will continue to highlight this case until MacDonald Resorts abandon the chase for money. It must also be noted that the RDO, which is the industry trade body has also washed their hands of this company.

In the April article “The Resurrected” a warning was issued about an old company from Fuengirola had come back to life. It is the story of Ramirez and Ramirez, who several years ago were very active in deceiving many timeshare and holiday club members out of thousands for bogus claims. It must be said that very little has been heard of them since.

Mark of excellence

We have also had a few light hearted moments, although they did come with a serious message. In the spoof article “A New Member to EGTBW”, it explained about the trade bodies for the timeshare industry operate. This was extremely fun to write and gave many people a good laugh, the only problem was that it was actually based on fact.

http://insidetimeshare.com/new-member-egtbw/

Back in July we started to publish the ongoing story of the Tauro Beach Project, the fact that irregularities had been uncovered and an investigation had been started by the Guardia Civil Nature Protection Service (SEPRONA). As the story unfolded the Head of The Canarian Coastal Authority had been dismissed and is now awaiting trial for wrong doing in public office and forgery of official documents. Then in August we published the story of the local inhabitants and their homes being flooded, this instigated further investigations which also include the local mayor. The story continues. (search Tauro Beach for further information).

We also teamed up with Irene Parker in the United States, she has provided some valuable information and interesting articles on the world of timeshare across the Great Lake. Below is her latest article.

What Timeshare Owners Can Look forward to:

Timeshare Lawsuits 2017

By Irene Parker,  December 26, 2016

2017

Our Inside Timeshare mission is to offer timeshare owners accurate reporting on both the good and bad aspects of timeshare today. While we admit we bear more to the negative side of timeshare reporting, this thirteen page report from the US Department of Justice listing timeshare scams explains why:

https://search.justice.gov/search?query=timeshare+fraud&op=Search&affiliate=justice

The other reason is because the industry is not well regulated. Timeshare owners do not have the level of organization or funds necessary to compete with timeshare developer lobbyists. Lobbyists used to primarily direct their efforts towards influencing lawmakers, but more and more efforts are now being directed towards influencing US Attorneys general:

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

Looking to 2017, we need to look back and reflect on timeshare’s unresolved and continuing legal battles. Timeshare developers, former timeshare sales agents and  solicitors, timeshare owners, federal and state regulators and advocates continue to weigh in on possible changes that will make timesharing more owner friendly and less predatory.

Will the final piece of this legal and regulatory puzzle result in a less aggressive and deceptive industry – or will practices continue unabated and unchecked resulting in more of the same?

round-table

Westgate

Westgate is facing lawsuits in several jurisdictions and a Consumer Financial Protection Bureau Investigation. Allegations include fraudulent and deceptive business practices ranging from high pressure sales tactics, failure to honor timely rescission requests, elder abuse, illegal debt collection practices and impermissible telephone solicitations.” The Capitol Forum June 27, 2016

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.pbyQ8MPbx#.pmA2BeVyM

Colorado Attorney General

Colorado Attorney General Cynthia H. Coffman is suing Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices.

Another US Attorney General Exposes Deceptive Tactics.

Wyndham $20 Million

Former Wyndham sales agent Trish Williams was awarded $20 million for exposing deceptive sales practices. While the amount will probably be reduced on appeal, it sends a message that courts and juries are listening.  http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=0

Hyatt

Candace Czarny and two other former Hyatt timeshare agents would like to see the industry improved. They are in year five of a class action alleging deceptive practice.

http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/

The Manhattan Club

Attorney Douglass Wasser represents 30 Manhattan Club defendants.

“To my knowledge there has been no dismissal of any Manhattan Club proceeding at this point.  The NY Attorney General investigation is proceeding, and the motion to dismiss a currently pending class action suit has been adjourned to January 5, 2017 for now. Three prior class action suits at the Manhattan Club have been dismissed.  But, at least for the time being, the current class action still survives,” Mr. Wasser reported November 15. 2016

http://www.reuters.com/article/manhattan-club-ruling-idUSL1N18U0DL

Marriott Racketeering

“The Marriott racketeering lawsuit seeks to abolish Marriott’s points program, which attorney said is unique among timeshare companies. It also seeks the return of fees and costs paid by buyers.” Paul Brinkmann reported October 13, 2016 for the The Orlando Sentinel.

 http://www.orlandosentinel.com/business/brinkmann-on-business/os-marriott-timeshare-racketeering-20161013-story.html

Diamond Resorts

A recent class action was filed against Diamond Resorts:

https://topclassactions.com/lawsuit-settlements/lawsuit-news/348667-diamond-resorts-class-action-high-pressure-timeshare-sales-deceptive/

Matt Daniel Finazzo, et al. v. Diamond Resorts International Club Inc., Case No. 5:16-cv-02256, in the U.S. District Court for the Central District of California.

holidays-are-hereI don’t mean to be the Grinchess that stole Christmas, so to end on a positive note,

People are listening!

Charles Thomas and I are hearing from people all over the world who are joining forces to work towards:

  • A legitimate secondary market
  • Less aggressive and deceptive selling
  • Less predatory lending

Thank you from timeshare owners to our regulators and lawyers working to protect us. Human leverage and a clearinghouse of information exchange is the answer.

inside final small

So that is the end of 2016, we hope you will join us in 2017 and also help us to get the news out to others. Without your information many of the articles, particularly on possible scam or bogus companies will not be published. So from the Charles and Irene, we wish you a very happy and prosperous New Year.

happy-new-year

Twenty Five Supreme Court Rulings and Rising.

Last week ended with another ruling from the Supreme Court, this week has seen yet another, bringing the total to 25. This is unprecedented in the Spanish Legal system, the latest is once again against Anfi, bringing the total against this one timeshare operator to 20 rulings in favour of the purchasers of their product.

 

The latest victory for the clients of Canarian Legal Alliance have had their contract declared “null & void”, with Anfi being ordered to repay 29,544€ including legal fees and interest.

CLA Logo

Then at the High Court number 2 of Las Palmas, another CLA client will receive back over 25,460€ including interest and legal fees. In this instance the court made its decision on the basis of the Supreme Court rulings declaring that “floating” weeks are illegal. This is yet another bow for the resort Anfi.

 

These cases and the previous ones have been highlighted in 2 Spanish newspapers, El Diario and Maspalomas Ahora. They explain that since the start of this year, Anfi have had to repay 1.5 million euros to purchaser of their products, with 1 million having been paid out so far. This is for just 50 cases brought this year and that figure is estimated to be around the 8 million euro mark with the 200 active cases CLA have in the courts. With 300 claims waiting to be filed this sum will be around 20 million Euros

So far Canarian Legal Alliance has won around 120 cases against Anfi, with many more against other timeshare operators. So the question must again be asked why do Anfi the RDO and other companies still maintain that the decisions by the judges at the Supreme Court are in error?

 

Anfi themselves are still trying to deceive their own members by telling them that there are no cases against them, that they have not lost and that the buyout of the 50% Lyng share by Lopesan has not happened. Not only do they deny selling illegal products and peddling lies to their customers, but they are also insinuating that the news media are also telling lies. It is unfortunate that some owners are actually believing this, not realising it is a continuation of the misinformation they received when purchasing originally.

 

Along with all the investigations into the Tauro Beach project, which has taken another twist, with the Mayor of Mogan now under investigation for granting a licence which had apparently expired, (new article on this coming soon), these court rulings are certainly eating into the reputation of Anfi.

 

http://www.eldiario.es/canariasahora/tribunales/Anfi-condenas-Supremo-contratos-timesharing_0_566594345.html

 

http://maspalomasahora.com/not/38882/el-grupo-anfi-acumula-en-2016-condenas-por-valor-de-1-5-millones-de-euros-por-irregularidades-en-el-timesharing-/

 

Once again it is congratulations to the clients and the whole CLA team for these results, the champagne corks will certainly be pooping. If you require any information about this or any other article, contact Inside Timeshare and we will be pleased to help.

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 )

 

Diamond Resorts or A Nightmare on Timeshare Street.

sunterradri logo

Diamond Resorts were unknown in Europe until the takeover of Sunterra in 2007, for many members, they believed it was going to be a new start. Sunterra formerly Grand Vacation Club had a reputation that was to say the least heavy handed, the sales side was aggressive and showed no quarter to those pulled in from the streets. Long standing members with fixed weeks refused to change as they had originally been sold their timeshares as “investments” in property. They also had the right to vote on maintenance fees and other matters which affected the resort they owned.

 

When Sunterra filed in the US for Chapter 11, which is the equivalent to filing for bankruptcy, many owners wondered what would happen to their “investment”. For those on holiday the talk around the pools and bars was what would happen next, rumours abounded. Information was non existent, the sales decks had been closed with all the reps being laid off. There were still a few of the in-house reps but they had no idea what was going on.

 

It was then announce that a new company from the States was looking at taking over from Sunterra. The takeover was announced in the Las Vegas Review Journal 28 April 2007. Steven Cloobeck´s privately owned Diamond Resorts paid around $700 million, and also took on responsibility of Sunterra´s debt of $375 million. Was this the new beginning the owners had been waiting for?

 

Unfortunately, as time has moved on, it has turned into a nightmare for many.

 

The points system was marketed very aggressively, more so than under Sunterra, owners were basically forced into converting. Around 2008 the first additional levy was introduced, Diamond claimed it was due to the state of the Euro to the Pound. This was only the start, in the first three years management fees increased by around 20-25% annually, for many owners this was a huge burden and they wanted out.


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