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Supreme Court

One Foot In The Grave!

“I don’t believe it, I just don’t bloody believe it!” said Victor Meldrew. But yes it is true, the Supreme Court has just issued their fourteenth and fifteenth judgements.

 

Canarian Legal Alliance just keeps them coming in, they announced this news late yesterday 13 July 2016. On Tuesday the court awarded 18,500€ to a UK family and declared their contract null & void because it was longer than the 50 years stipulated by law. The following day Wednesday another UK family had their contract declared null & void and awarded 13,000€, including double the deposit back for payment within the 14 day cooling off period. They had also been sold floating weeks, again in contravention of the laws laid down.

 

The Supreme Court has now consistently ruled that contracts over 50 years, floating weeks and points along with the taking of deposits within the cooling off period, are contravening the laws on the selling of timeshare in Spain. It now has to be asked when other countries are going to enforce these rules which were laid out by EU Timeshare Directives?

 

Spain is obviously leading the field in this area, with these judgements all lower courts must now abide by them.

anfi logo

So, just in the past week Anfi have been penalised for considerable sums, the question now is how long can they sustain this? There are more cases waiting to be heard by the Supreme Court, all because Anfi have taken the decision to appeal rulings by those lower courts. If they had any sense, I would have thought they would pull out of those appeals and just admit defeat.

 

The next question is how long will it be before other companies such as Diamond and Club la Costa have more cases brought against them? Is it the death knell for timeshare in Europe?

 

How will this news affect Apollo Global Management after their takeover of Diamond Resorts International? There are already rumours across the great lake that Wyndham is looking to buy the shares, the price has already been put at around $36 to $39 a share. I hope to get some insight into this from my American colleague Irene Parker who writes for the financial journal The Street, ( see link for her article on Hilton). Inside Timeshare will keep you posted on this as and when the news comes in.

 

Once again Inside Timeshare congratulates these two families and the legal team of Canarian Legal Alliance for their splendid work. They certainly have paved the way for others to follow.

 

If you need any information or advice on any timeshare related matter, Inside Timeshare will do its best to provide you with the best answers.

 

https://www.thestreet.com/story/13636683/1/hilton-worldwide-and-spinoffs-are-good-investments-now-or-later.html

TWO MORE SUPREME COURT RULINGS FOR THIS WEEK

 

 

Supreme Court Roller Coaster

It would appear that the roller coaster of rulings from the Supreme Court just isn’t going to stop, it was announced on 8 July 2016 that Canarian Legal Alliance had just received ruling numbers 12 and 13.

CLA Logo

In ruling number twelve, their Norwegian clients had their contract cancelled and were awarded 31,998€ plus all the legal fees. The court has upheld previous judgements that contracts over fifty years and floating weeks are illegal.

 

Following on from that, ruling number thirteen was for a family in the UK, they were awarded a total of 82,808€ including double the deposit paid, legal fees and interest. As before the same principle was applied, contracts cancelled due to being over 50 years, floating weeks and the taking of a deposit within the 14 day cooling off period.

 

So within two days Anfi has been penalised by over 114,806€ for breaches of the timeshare laws. This does go to show the Spanish legal system will not tolerate companies who defy the legislation put into place to protect the consumer.

tribunal supremo

It is a wonder the timeshare industry has been able to get away with these illegalities for so long. Could it be because they held so much influence in the past they actually believed they were immune from the law?

 

Yet, we hear nothing from the trade body for the industry the Resorts Development Organisation, or even TATOC, the so called owners committees association. Surely if these two organisations were what they purport to be, I would have thought they would at the very least, make some kind of statement that they would sanction any member who still broke these rules. It is their members who are selling products deemed illegal, but not a word of warning to them.

 

It must also be pointed out that although these rulings have been made against the Anfi Group, it affects all timeshares whether fixed weeks, floating weeks or points sold anywhere within Spain, Balearic Islands or the Canary Islands. These rulings apply to any company that has not complied with the laws which came into force in January 1999.

2 MORE SUPREME COURT SENTENCES ( THATS 13 SO FAR )

 

So once again congratulations to the two families and well done to the legal teams at Canarian Legal Alliance.

champagne glasses

If you have any questions about this subject or anything about timeshare, resale or claims companies, Inside Timeshare will do its best to give you the answer. If we don´t know we will find out.

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.


Keep Reading

Diamond Resorts Bought by Apollo Global Management

News came in to Inside Timeshare yesterday afternoon 29 June 2016 that a Private Equity Firm, Apollo Global Management had bought Diamond Resorts International.

 

The deal is reported to be worth $2.2 Billion, the stock for Diamond had risen from $25 to $29 a share within hours of the announcement. One analyst in the States, Chris Demuth has already suggested that the Wyndham Group may even purchase the company. He believes that Wyndham may even pay around $36 to $39 a share.

dri logo

Apollo Global Management was founded in 1990 by Leon Black, he was a former banker with Drexel Burnham Lambert. Drexel had closed earlier that year after a securities scandal which resulted in the bank having to pay $650 million in fines. Being unable to repay a $100 million debt it collapsed.

 

According to the online financial journal The Street, Bloomberg had called Drexel Burnham Lambert “Renegades of Junk”, due to its involvement in the junk bond market. Irene Parker a writer for The Street and a Diamond timeshare owner herself, believes that this title is more fitting for Apollo Global Management after its acquisition of Diamond Resorts. (follow link below).

 

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

 

In her article for The Street, she explains her anger at the way Diamond has treated owners of its timeshares. She is in the process of writing a series of articles highlighting this, Inside Timeshare will be keeping you informed as they appear.

nyt logo

On the subject of the share prices, Inside Timeshare published an article in April, based on a report by Gretchen Morgansen of The New York Times. It highlighted the plunge in share prices following a series of reports about Diamonds treatment of owners, especially the elderly. It followed the story of a 77 year old lady called Mary Ann Gutierrez, she was subjected to an intense presentation by Diamond reps and basically held captive for around 5 hours, It was an attempt to upgrade her for a steep upfront fee, even though she had firmly told them no she was not interested.

 

The article also highlighted how Diamond hike up the maintenance fees after it buys a bankrupt resort. European owners are well aware of this themselves, after all they did see huge rises when Diamond took over from Sunterra around ten years ago. We are also well aware of how they make it virtually impossible to get out of the contracts. For those who purchased in Spain there is at least hope that these contracts can be declared “Null & Void”, also resulting in all the original payments being given back. All this has been made possible due to the strengthening of the laws in Spain, and the rulings of the Supreme Court, these can be found on the Canarian Legal Alliance website. (see following links).

 

http://insidetimeshare.com/diamond-resorts-international-share-price-falling/

 

http://www.canarianlegalalliance.com/diamond-resorts-court-case-victory-2/

 

If you have any questions as to how this may affect you, contact Inside Timeshare and we will try to find the answers for you. If you would like to know where you stand as far as making a claim or how to get out of your contract Inside Timeshare will be happy to give you the best advice and information possible.

 

My Thoughts Today End of June

So here we are the end of another month and half way through the year, and what a month it´s been. More rulings from the Supreme Court, more clients awarded substantial amounts and even more cases in the pipeline.

 

The article published 13 June 2016, regarding maintenance arrears and debt collectors has had a great response. Lots of support for the plight of Mrs B, including some personal messages from some legal eagles on how to help her, for that Inside Timeshare is grateful.

 

So far there has been no contact from Network Credit Services, even though they gave her a final notice to pay up within 7 days. Since then she has had her phone connected to BT Call Guardian, so she can block any unwanted calls. Having spoken with her today she is in good spirits especially after giving her the news of support coming in from many different quarters.

debt collectors

On the point of timeshare companies actually going to court for maintenance arrears, Inside Timeshare has been advised from a reliable source that one company has indeed done so. The owner actually had court officials knocking on his door to enforce the order to pay Anfi the arrears. We are waiting for written confirmation of this. Again are these companies by-passing the Spanish legal system to enforce payments, due to the fact that under Spanish law those contracts are illegal and unenforceable? Is it a case that the courts in the UK need to get a grip and realise what is going on?

 

There is still no news from the courts regarding the RCI Action, being brought by Edwin Coe LLP. As stated before the wheels of the law do move at a rather slow pace, but when we find out we will let you know.

 

On 14 June 2016, the spoof article on the new member to the blog writers trade association was published, it was fun to write and certainly made people laugh. But underlying the article was a very important point, this has been borne out by some of the comments received. It was very surprising to find how many people actually agreed with it. Yes it was scathing, but that was point. A trade body set up to regulate an industry should do just that, not allow its members to do as they wish and ignore the laws that are in place to protect the consumer.

 

The TCA also published an article about Silverpoint Vacations (an RDO member), losing at the courts in Tenerife. The full translation of the document shows the case was another to do with the perpetuity contract being illegal. In their article the TCA do state which company brought the case on behalf of the client. But it does show the courts are finding on behalf of the consumer.

 

Also this month we have highlighted a company which is stating they can claim against the timeshare companies. From the many enquiries received and the information given by those who have attended meetings, our first impressions have been found correct. Again this goes to show that in-depth research is required in order to safeguard yourself.

on holiday 2

The summer holiday season is also now upon us, for those travelling to Europe, the only advice is beware the ticket touts. Remember if you do decide to purchase anything such as timeshare or one of the numerous holiday clubs, it is illegal to take any payments within the 14 DAY COOLING OFF PERIOD. Do your due diligence, if it sounds too good to be true, alarm bells should ring. If you are unsure, then don’t sign. Happy holidays.

Victory Number 11

here we go again

Last week 17 June 2016 Canarian Legal Alliance announced that it had just achieved another ruling at the Supreme Court. This now brings the total in just over a year to Eleven, with from what I have been told many more in the pipeline.

 

In this particular case, the court ruled as before on the precedent it previously set, that any contract sold in Spain which is longer than 50 years, is illegal according to the law 42/1998. In this case the English client will receive 11,000€, and their contract with Anfi cancelled. As usual the legal fees will probably have been awarded as well, although this was not mentioned. (But in all previous rulings this was the case).

 

This can only bode well for other firms who are now taking up the challenge of representing timeshare owners, as before this it was very hit and miss. Many firms would not risk the task, as the odds tended to be in the favour of the timeshare companies. It may have been due to the complexity of the timeshare laws and the fact very few had the knowledge or experience to represent the owners.

 

It would seem then that the tide has really turned in the favour of the consumers, rather than the companies, who in the past believed they were above the law. When these case are brought by other firms, Inside Timeshare will publish the results. So watch this space.

 

So again congratulations to this particular client and the legal team who must have worked hard to achieve this result.

champagne

If you have any questions about this or any of the articles published contact Inside Timeshare for free and impartial information.

Breaking News: Its A Strike!

Well, well, well, they just seem to keep on coming, it was announced yesterday, 7 June 2016 by CLA of yet another judgement by the Spanish Supreme Court.

victory2

This now brings the number made to an incredible TEN, with apparently many more waiting to be heard. The latest ruling is again against Anfi, this time the client is English. In this ruling the court once again reaffirmed that Floating Weeks are illegal, also reaffirming their previous rulings that contracts in Perpetuity are also illegal.

 

The court has awarded them over 20,000€ plus all legal expenses.

 

Yet another blow to the timeshare industry, and they still believe that these ruling are wrong. How many more will it take for them to realise that the game is up, that they should now put their house in order and start playing by the rules. It is only a matter of time before other States in the EU implement the same rulings. Once this happens we will see cases being brought for timeshares not sold in Spain.

 

Once again congratulations to this particular client and well done the Legal team at CLA.

champagne

If you require any information, or have any comments Inside Timeshare would like to hear from you, if we don’t know the answer we will find it.

 

Here We Go Again! Another Supreme Court Ruling for CLA against Anfi.

Canarian Legal Alliance once again announces another Supreme Court victory against Anfi, this was published on their website on 31 May 2016.

 

The Supreme Court again has awarded one of their clients double the deposit back, due to the fact of taking payments within the 14 day cooling off period. The court has also reinforced the fact that floating weeks and contracts in perpetuity are illegal. This client will be receiving over 30,000€ and have their contract canceled.

 

This now brings the number of rulings by the Supreme Court on behalf of CLA clients to nine. This will obviously have a profound effect on all timeshares sold within Spanish jurisdiction, the floodgates have been opened and there is now no turning back.

 

Consumers now have the full protection of the law despite what the timeshare companies and the trade body the RDO may say. In the end it is only themselves to blame for their present predicament.

 

It has also come to the attention of Inside Timeshare that another case brought in Tenerife against Silverpoint has resulted in a victory. The only information so far is the case was conducted on behalf of a British Silverpoint client, the case was heard by Judge José Pablo Carrera Fernadez. At present we do not know which firm started these proceedings. It would seem that the court in Tenerife has also used the Supreme Court rulings in its judgement. More will be published on this when the information becomes available.

 

Once again congratulations to the respective clients and both the legal teams that fought your cases.

slicksaleman

THE SUPREME COURT STRIKES AGAIN

Inside Timeshare is here to bring you the latest news and information about the world of timeshare. If you need any advise or information about your own timeshare or any company that you may be thinking of dealing with, contact Inside Timeshare for free and impartial advice.

Fast and Furious: Result Within 24 Hours!

On 27 May Canarian Legal Alliance posted another victory against Anfi Resorts, this case was heard on 25 May 2016.

 

From the initial hearing to the judgement being delivered was within a staggering 24 hours, now this is amazing for any court no matter what country. This particular family must be very happy indeed, their contract has been cancelled and the court has ordered that they be repaid 20,000€.

fast and furious

It would seem that the Supreme Court rulings are having a profound effect on the way the lower courts are now dealing with these cases. In the past it was taking so long for cases to be heard and could even take longer to be resolved, mainly due to the lengthy appeals process. This can be seen with the now famous Grimsbo v Anfi case, six years in the making, but resulting in historical Supreme Court rulings.

 

Again this contract was declared null and void due to the taking of deposits within the cooling off period, along with the illegality of floating / points systems. We now wait to see how quickly other cases similar to this will be heard and adjudicated.

 

So it is congratulations to this particular family and well done the legal team at CLA.

 

Inside Timeshare is here to give you the latest news and information on what is happening around the timeshare world. Much of it will be kept from you the members, could it be they are afraid of a mass exodus or even more litigation. Truthful information is what you the members require, yes, you may be happy with what you have, Kim & Andy are proof of that. But even they are interested in what is going on, after all it may just affect you in the future.

real news

Update: Latest Massive Win for CLA Client.

Yesterday 25 May 2016 Canarian Legal Alliance announced another massive win for one of their Norwegian Clients.

 

The court in Maspalomas Gran Canaria, used the recent Supreme Court rulings that contracts in perpetuity are illegal along with the floating week system. This court also ordered the payment of double the deposit paid within the cooling off period.

 

This is another blow for Anfi resorts as the amount is a staggering 189,000€. It is also a blow for the RDO as Anfi is a member of this organisation, they have backed Anfi in suggesting that these rulings are incorrect and that the contracts are not illegal.

anfi logordo-logo

So far since the 4 April 2016,  Anfi have been ordered to reimburse CLA clients around 661,101.32€ in respect of illegal contracts. These contracts have also been declared null and void, thereby freeing the clients from their timeshares.

 

As stated in the article published on 24 May 2016, this is just against one company, how will they be able to sustain amounts such as this at the rate the courts are ruling against them? It would seem that the prediction of the million euro mark being reached before the halfway point of the year is right on track.

http://insidetimeshare.com/?s=breaking+news

Congratulations to the client and the legal team at CLA for this huge victory.

 

Inside Timeshare will continue to keep you updated as the news comes in. If you require any information about your rights or need to find out about a company you have or are possibly going to deal with, contact Inside Timeshare for free advice.

ANFI CONTRACT DECLARED NULL AND VOID COURT ORDERS REFUND OF 189.000€ TO OUR CLIENTS