Start the Week: Huge Payouts Announced

Welcome to another week with Inside Timeshare, we start today with a roundup of news from the end of last week in the courts. It certainly proved rather costly for these timeshare resorts but made their ex-members very happy indeed. As usual, all the contracts have been declared null and void due to serious infringements of Spain’s timeshare laws with the return of all the client’s purchase price.

In the first case which was actually heard and the sentence passed some time ago, Puerto Calma Resort in Gran Canaria has now paid out the client over 41,000€. This money has now been paid to the client via bank transfer. They are now timeshare free as the contract was declared null and void.

Friday was a very bad day for the major timeshare resort in Gran Canaria, in just one day seven sentences were passed by the courts against Anfi. As we know many of the Anfi contracts are illegal as they either contain floating weeks or points systems or the contracts are perpetuity which as the law states should have a duration of not more than 50 years. As in most of these sales, deposits were also taken within the statutory cooling-off period which is also forbidden by law.

The total amount awarded by the courts in these seven cases amount to a massive 213,187.29€, this is certainly a huge hit to the Anfi coffers in one day, the client’s contracts were also declared null and void leaving them timeshare free.

These cases were brought on behalf of these clients by Canarian Legal Alliance, this is further proof that this is one law firm that does actually deliver what they say. So it is congratulations to the clients and also to the whole legal team at CLA.

Lawyers of CLA

The criteria for a valid and viable claim against your timeshare resort is as follows:

The purchase or upgrade must have been made in Spain or any of her territories after 5 January 1999;

The contract duration is more than 50 years or has no end date, what is commonly known as a perpetuity;

It contains points or floating week systems, this may also include fractional and investment packs such as those sold by Silverpoint. This also includes the Company Participation Scheme which replaced the old investment weeks;

Any payment is taken within the 14 days cooling-off period even by a third party. This may also be extended to 90 days where other serious infringements of law have taken place.

There are other laws which may also be used in these cases which include Consumer Law and also Mercantile Law, these tend to be included once the lawyers begin to prepare a case for court.

Moving on to the article published on Friday with regards to the application by Silverpoint to the Mercantile Court to begin proceedings to liquidate the company, Inside Timeshare has received several enquiries on this subject.

The main concern so far has been the same, why have Silverpoint not informed members of this fact?

That is one question that we are unable to answer, we suspect their motive is to just keep it quiet giving as little information to members as possible. We also know that this “liquidation” is an attempt to avoid any further litigation in the courts against them which they are losing on an almost daily basis. It must also be mentioned that the State Prosecutors Office is also conducting an investigation into the reasons behind the liquidation.

Have you had enough of your timeshare and the ever-increasing maintenance fees?

Are you fed up with not being able to get the reservations due to no availability?

Have you found that non-members are able to book into your resorts without the huge “investment” you made and in many cases for less than your annual fees?

If you can answer yes to these questions and your contract falls into the criteria above, then please use our contact page and ask for further details. We will get back to each person with a personal reply as to your own circumstances.

Silverpoint Declares Liquidation: Who will be Next?

Welcome to the Friday edition of Inside Timeshare, today we have some breaking news which has just been made public. There has been a huge amount of speculation regarding the Silverpoint, most of these rumours have claimed that Silverpoint has already been placed into liquidation, that is not actually the case. The process is more complicated than simply “going into liquidation” as we will try to explain.

On 15 January 2020, Silverpoint presented to the Mercantile Court a declaration of insolvency & provisional liquidation (Concurso de Acreedores). This does not actually mean they have declared bankruptcy. It is a legal process in Spain which can be invoked by the company voluntary or invoked by its creditors. It is applied when the company is considered to have more creditors than it does assets.

This move is something that Inside Timeshare and others including Canarian Legal Alliance have been expecting for some time. Over the past few years, Silverpoint has been monitored very closely with the movement of funds between various accounts at the forefront.

This transfer of funds and assets was a blatant move to hide them from the authorities to avoid payment, this has already resulted in an investigation initiated by the State Attorney. (See links for the report in El Diario at the end).

The first part of this process is for the Mercantile Court to appoint an external (independent) administrator who is then obliged to inform all creditors of the current situation. The administrator will also have to produce a full and exhaustive report on Silverpoint’s financial operation over the past years.

If the administrator discovers any serious irregularities not only with the liquidation but the actual running of the company, they can, in essence, classify the liquidation and company administrator guilty. This means that the administrator, which in the case of Silverpoint is Mark Cushway, may be personally responsible with his own assets, he may even face a custodial sentence.

Mark Cushway: Could find himself liable.

At this point Inside Timeshare must point out that Mark Cushway was also CEO of Resort Properties before it became Silverpoint so he must have known all about how the company was operated. He was also a director of the RDO (Resorts Development Organisation) the so-called industry trade body. Silverpoint was also one of the largest contributors to RDO funds until they resigned their membership.

The purpose of the Concurso de Acreedores is not to close the company down, it is to attempt to pay all creditors so as to clear the financial situation of the company and if possible overturn a complicated situation preparing the company for future business. Preventing bankruptcy is a priority of this procedure. However, if the declarations being presented are found to be a fraudulent application for insolvency, then this opens up a very nasty can of worms for the company administrators.

As our title suggests, could other timeshare companies be contemplating the same procedure?

Inside Timeshare has already published the fact that the Provincial State Prosecutor in Gran Canaria is already taking a keen interest in the timeshare resort of Anfi. This again stems from the fact that Anfi is transferring assets and funds to other various companies in an attempt to delay or even avoid paying what the courts have ordered. Again this could lead to criminal prosecutions and include jail time for the administrators of the companies involved.

https://insidetimeshare.com/anfi-hits-spanish-television-news/

The question now which will be on the minds of all those with cases waiting for court hearings and those contemplating taking out litigation against Silverpoint is where does this leave them?

From what we have been told our understanding is that it will not have that much of an effect, the cases will instead of being placed with the Civil Court using timeshare laws, will be transferred to the Mercantile Courts. This means that the clients will then be classified as creditors and will then have priority in the eyes of the appointed administrator.

Inside Timeshare advises all those with cases pending to contact their lawyers for more detailed clarification as to their own personal circumstances. For those who are clients of Canarian Legal Alliance, they have also published today this news on their website. This report goes into a lot more depth than we are able to here.

If you have not already filed a claim to have your contract declared null and void with the return of your full purchase price and would like to know how this latest news affects you, then please use our contact page and we will get back to you.

Our final word of warning is now this news has broken, please beware that there will be many “bogus” claims companies and law firms who will use this to their own advantage in order to scare people into paying for “legal services” as a matter of urgency. If you receive any calls to this effect then contact Inside Timeshare and we will help you sort out the genuine from the scams.

Have a great weekend and join us again next week for more news and information on the murky world of timeshare.

El Diario Article

https://www.eldiario.es/canariasahora/tenerifeahora/tribunales/Fiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario English

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El Diario Danish

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El Diario German

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El Diario Finnish

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El Diario Norwegian

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El Diario Swedish

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Translations of this article

Danish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=da&u=https%3A%2F%2Finsidetimeshare.com%2Fsilverpoint-declares-liquidation-who-will-be-next%2F

Finnish

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German

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Norwegian

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Swedish

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Timeshare Owners Protection Plan Ltd: Another Mark Rowe Creation

As our regular readers are aware, Inside Timeshare has been publishing over the years many articles on the antics of Mark Rowe and his various companies. This began with his Monster Credits and Monster Rewards package, through to sellmytimeshare.tv which was the initial contact to sell the much-maligned and discredited Monster Credits scheme. He then replaced Monster with a renamed version called Jive Hippo and at every point, he has come up with new companies and money-making schemes. Today we highlight yet another of his worthless programmes to help timeshare owners.

This particular scheme stems from the “exit” & “compensation” scheme set up by Rowe using his companies ABC Legal & ABC Lawyers, this along with a plethora of other so-called “legal” firms duped timeshare owners into signing up to relinquish their timeshare memberships. Along with this, there would be a claim for “compensation” once the cancellation has been done. This is passed to yet another Mark Rowe company Lansdown Financial Ltd.

As we know from the many enquiries Inside Timeshare has received that these “cancellations” of membership have never actually been done. The client receives a letter from whichever of Rowe’s “law” firms they have dealt with to inform them that their ownership is in their “opinion terminated”

Mark Rowe, not as innocent as he looks!

The common factor for all those who have enquired is the fact they were told to just stop paying the annual maintenance fees. The hope of Rowe was that the timeshare companies would not chase for arrears. Unfortunately, this is not the case, Inside Timeshare knows for a fact that many of the timeshare companies will actively chase for arrears and send in the debt collection agencies. If the “debt” is not paid then action against the member is taken in the County Courts, this results in either the owner paying the debt before a court hearing to avoid receiving a County Court Judgement.

Now as Mark Rowe does know this fact as he has been around the industry for many years, he came up with yet another scheme to allay the fears of “his clients”. This is the Timeshare Owners Protection Plan.

It is a “certificate of indemnity” so if the timeshare company does take legal action then Rowe’s clients will get legal cover to fight the case. The only problem is that according to the “Certificate of Registration” it clearly states:

“This certificate confirms that discretionary legal benefits scheme cover (subject to terms and conditions overleaf) is supplied and operated by Timeshare Owners Protection Plan Ltd”.

Then if we go to the terms and condition section 3.1 it explains what is meant by discretionary:

“Discretionary means that our directors have the unfettered, optional, non-compulsory right and authority to decide whether or not to provide support in connection with a claim against you by a timeshare resort owner”.

Well, it could not be clearer than that, it is the directors who decide if they will fund any defence!

So who is the director?

I do think you have already guessed, Mark Rowe himself, along with Clifford Donald Wing, who is a rather new name to come up, (we just wonder if he is aware of Rowe’s somewhat colourful past).

The company Timeshare Owners Protection Plan Limited is registered with Company House with the Company Registration Number 10775452. It was incorporated as a company on 17 May 2017 and the registered address is:

71 Queen Victoria Street London England EC4V 4BE

The company itself is listed as a “Micro” entity and in the PDF file below you will see last year’s account statement, as you will see it has no funds or assets. Now, this does beg the question: Where does the funding for legal representation come from?

Inside Timeshare thinks that the answer is in the “discretionary” point of the scheme, it will not be forthcoming!

On the 10 May 2018, there was a change in persons or entities with significant control, this was passed from ABC Legal to another company called TOPPL Holdings Ltd, Company Registration Number 11347556 and the registered address:

71 Queen Victoria Street London England EC4V 4BE

The company was incorporated on the 4 May 2018, just 6 days the change of significant control, but the person who has this control and is the director of TOPPL Holdings Ltd is none other than our old friend Mark Rowe!

So once again we see the devious mind of Rowe in action, taking money from unsuspecting owners, filling them with false hopes and promises, worthless certificates showing “cancellation of timeshare contracts” and then the certificate promising protection from legal action.

Over the year this man has invented and run some of the most prolific scams in the timeshare world yet he has been able to get away with it all. Well, that is until now, we know that several of his companies are under police investigation for fraud in the UK and Tenerife, it is only time before the authorities go knocking on his door and he will eventually see the inside of a prison cell!

If you have been a victim of Mark Rowe or any of his companies please use our contact page and let us know, Inside Timeshare also urges you to file complaints with Action Fraud and also Trading Standards.

Remember do your homework before engaging with companies such as these, if you are not sure if they are genuine and will do what they promise the contact Inside Timeshare for advice. You have nothing to lose and it will save you in the end.