Welcome to the start of another week, we begin today with some legal news which was announced last week by Canarian Legal Alliance. The first is a bit of a bombshell and will probably please many Silverpoint clients who have hoped for this kind of news for many years. The second piece of news is also of great importance and will be a blow to many companies within the timeshare industry.
On 16 September 2019, it was announced via an official court notice that it has been decided to open summary proceedings against Silverpoint and its administrators. This begins the process of an investigation into possible criminal offences perpetrated by Silverpoint and the administrators and the possibility of obstruction of justice.
It was agreed by the Judge and the Justice Department that there were very “serious indications of obstruction” and that a full investigation should, therefore, be launched.
This decision to launch an investigation following the filing of many complaints by lawyers of Canarian Legal Alliance against Silverpoint and its attitude to flagrantly disregard orders made by the courts to pay back to clients of CLA the money so ordered. Silverpoint has constantly failed to honour its obligation to pay the awarded amounts at the conclusion of the cases.
Part of the investigation also involves Silverpoint’s failure to produce information required by the court regarding the embargo of assets.
In direct response to the constant complaints and allegations made by Canarian Legal Alliance that Silverpoint and its administrators “conduct is prejudicial to Justice” the State prosecutor for Tenerife has decided to act. This investigation is solely against Silverpoint and its administrators.
This is obviously regarded as a very serious matter which could have grave consequences for the accused, with up to four years in jail. These complaints are now being used in all enforcement proceedings by CLA which may also have the effect of speeding up criminal proceedings and lead to convictions of those involved.
It is now obvious that Canarian Legal Alliance is totally committed to upholding the interests of all their clients, ensuring they receive the justice they deserve.
Inside Timeshare will be reporting on this as and when further news is released.
In a case filed at the Court of First Instance of Fuengirola, Club la Costa argued that the Spanish Court did not have jurisdiction and could not hear the case, this is due to the fact that the contract had a UK Limited company and that it was subject to the jurisdiction of UK courts and laws. Lawyers from CLA did not agree and challenged this argument. Unfortunately, the judge at the First Instance Court agreed and would not hear the case.
CLA lawyers then urged their clients to appeal this decision at the High Court of Malaga.
The case was then heard by the appeal court who agreed with the lawyers from CLA that the case should be heard in a Spanish court and that they did have jurisdiction. The State Attorney also submitted a report which clearly backed up the view of the CLA lawyers claim and the High Court’s decision.
Many timeshare companies have used this ploy to circumvent the Spanish Timeshare Laws, so this is a resounding success as it now leaves many more cases to be brought.
Club la Costa are also members of the RDO (Resorts Development Organisation) which is the trade body for the timeshare industry in Europe. A such, Club la Costa are bound to abide by the RDO “Code of Conduct” which states in paragraph 3.5 “To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”
So it appears that CLC is not only floating Spanish Law but also the terms of membership to the RDO.
CLA has also received more embargos one against Club la Costa through Paradise Trading SLU and another against Silverpoint.
This embargo against Silverpoint is just the latest in a series filed by Lawyers of CLA on behalf of their clients to ensure swift payment for their clients. This latest one is for over 30,000€ and follows a firm sentence by the High Court in Tenerife.
It is certainly becoming obvious that Canarian Legal Alliance and their lawyers are doing everything in their power to ensure that their clients receive the justice that they deserve. So to the legal team at CLA and their clients a very big congratulations.
When Inside Timeshare receives more news on these and other events it will be published here.
If you have a timeshare and would like to know where you stand legally with your contracts, please use our contact page and we will get back to you.
Welcome to this week’s edition of Letter from America, today we publish the launch of the GoFundMe Campaign for Irene Parker and her Legal Defence Fund concerning the subpoena in connection to Diamond Resorts v Finn Law Group. Even before the official launch $1,600 has already been raised and in a separate initiative, a further $1,700 has also been donated. With responses like this, it will not be long before the target is reached. Please show your support for the work that Irene has done on behalf of so many members, especially the elderly and the veterans.
Irene Parker’s $25,000 Legal Defense Go Fund Me Campaign
My GoFundMe is a Legal Defense Fund to cover legal expenses concerning a lawsuit Diamond Resorts filed against Finn Law Group in 2015. I received a subpoena to produce documents it would be humanly impossible, as an individual, to produce without technological and legal support.
I have listened to, or have read, complaints from over 1,000 timeshare families. Approximately 20% are from veterans and active duty service members. Over 700 of the complaints are members of Diamond Resorts. When asked a legal question, or when an angry and desperate timeshare buyer doesn’t have the time or temperament to self-advocate, or the member has reached the end of his or her regulatory filing rope, I refer to one of seven law firms I know and trust.
It is apparent Diamond Resort intends financial harm to my family. I was deposed for six hours by Baker Hostetler. Ianswered many questions affirming I have never been compensated or received anything of value from a timeshare member or from a law firm. I am at 52 volunteer hours per week due to the volume of callers and the level of desperation expressed by those who seek to be rid of their timeshare.
Finn Law Group is a respected law firm. The firm has top AVVO and Martindale-Hubble ratings and an A+ BBB rating. Recently, Finn Law Group filed a national multi-million dollar class action case against Capital One over data theft. In 2015, the firm settled a class action filed against Bluegreen, Equifax and Experian which resulted in 11,000 Bluegreen members able to get the fatal foreclosure designation expunged from their credit reports. Going forward, Bluegreen is not allowed to report a loan default as a foreclosure for their right-to-use product.
Mike Finn has been practising law for nearly 50 years and has never been charged or faced disciplinary proceedings.
Mike Finn of Finn Law Group (Highlight link right click and open in new tab)
My timeshare journey began in July of 2015 when my husband Don and I were invited to be interviewed by the late Las Vegas attorney, Bob Massi, on his FOX News show Property Man. I wrote to Bob after experiencing a timeshare presentation at Diamond’s Grand Beach Resort in Orlando that was unpleasant, predatory and deceptive. My Inside TimeshareTuesday Talk September 24, 2019 article explains the subpoena with a link to my 2016 article: The peasant of Venice and the Queen of Versailles. https://insidetimeshare.com/the-tuesday-slot-49/
Inadvertently, I became a contributor for Jim Cramer of CNBCMad Money’s investment news service TheStreet. I also wrote articles for Op-Ed News, and currently, I publish articles about timeshare for Inside Timeshare on Tuesdays and Fridays (Tuesday Talk and Friday’s Letter from America). Inside Timeshare is based in Spain. Collectively, I’m told my readership has grown.
Of the 700 Diamond Resort families that have contacted me through Inside Timeshare, or through Social Media, over 100 are Platinum Diamond members. These highest loyalty level members reported that they bought timeshare points they believed could be used to pay maintenance fees, only to learn later no such program existed. Other complaints are about being told if they purchased additional points, they would be able to resell points. Timeshares have no secondary market value.
I have retained two law firms. For over three years, attorneys I have gotten to know have provided timeshare members and me free legal advice. This has often been in the form of an initial consultation – when the timeshare member must make the decision to retain counsel or self-advocate.
Diamond’s contract has a class action ban that must be “opted-out” of within 30 days of signing the contract, forcing binding and private arbitration. In the trial I attended, Diamond Resorts v Austin Aaronson, an attorney representing Diamond stated Diamond had only lost one arbitration case. In the complex contract, there is a sentence that states, “I did not rely on any verbal representation to make my purchase.” Thus, self-advocacy has been a better alternative for many. The process requires contacting the resort, and if dismissed, filing a series of appropriate regulatory complaints.
Indirectly, the attorneys I’ve retained are representing you, the timeshare buyer who experienced unfair and deceptive sales practices because Diamond offered me a refund after I filed a complaint with the Arizona and New York Attorneys General. I refused to sign Diamond’s non-disclosure agreement.
So, the financial harm directed against my family is the cost of responding to a subpoena. Two law firms have been representing me pro bono for over a year, but this recent action goes beyond what should be expected from any attorney who has generously donated many billable hours to our cause.
The lawsuit Diamond Resorts filed against Finn Law Group
Finn and Diamond signed a settlement agreement in 2015 because Finn was bringing so many cases against the company, according to Diamond’s lawsuit.
It says in its latest lawsuit documents that the contract required them to cancel a number of contracts for Finn’s clients, while Finn agreed to stop reaching out to Diamond timeshare owners.
Diamond says Finn disclosed the contract to third parties, violating an agreement to keep it confidential. But Finn responded in court that Diamond failed to cancel some of the contracts it had promised to, while the timeshare company also violated the confidentiality agreement, rendering the contract void.
I was a panel participant at the Whistleblower Summit held in Washington DC July 2019. There I learned any whistleblower worth his or her salt will experience retaliation that can financially destroy a family and ruin a career. The law firm that issued the subpoena is closely aligned with the timeshare lobby ARDA.
From left: Richard Hill, M.D. a VA whistleblower,
Maureen Elias, Associate Director Vietnam veterans of America,
Jackie Garrick, a DoJ whistleblower and founder of Whistleblowers of America
Many of the disputes have been resolved. As a courtesy, I don’t link an article if resolved, but under the circumstances, I want their stories told.
I am still a Diamond customer.
We seek to provide timeshare members with 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.
Thank you to those who have already donated and thank you in advance to those who will, remember Irene works for free to help beleaguered timeshare owners, many of which are disabled veterans. Now she needs our help please don’t let her down.
Keys Concierge is just another in the group of companies which come under the Limora Group which Lawson is placing into liquidation. This is obviously bad news for the hundreds of consumers who have paid hundreds of thousands for membership to this dubious club. It is now obvious in the light of recent events and now the actual winding up order that the whole operation was a money-making machine.
Alex Lawson is liquidating many companies within the Limora Group including Limora Investments Ltd (BVI) the parent company which was owned by the late Bob Trotta and now owned by his family. For the whole story and reasons behind these liquidations read the articles on the link below especially the 6 part article which highlights the Ultimate Beneficial Owner/s.
There may be a glimmer of hope for some consumers who paid by credit card, now that the Keys Concierge has been officially wound up, they may have recourse to claim via their credit card provider under Section 75 of the Credit Consumer Act 1974.
Section 75 covers, not receiving the goods or services paid for, faulty goods or goods not fit for purpose and the most important the company is no longer in operation due to liquidation. The last is the most important as now those consumers will never receive the service promised and paid for. For more detailed information on Section 75 please follow the link to the Martin Lewis website. This gives very good advice and template letters to pursue a claim yourself.
Inside Timeshare now warns the many “members” of Keys Concierge that they will no doubt be receiving many “cold calls” from dubious companies now seeing an opportunity to make money out of those already in distress. They will probably use the “carrot” of no win no fee but with a very hefty fee on completion.
If you receive any calls to this effect please use our contact page and give us all the details that you have, Inside Timeshare will publish this information to warn other readers.
Inside Timeshare will also help with advice and writing of letters FREE OF ANY CHARGE, Section 75 can be done yourself but we appreciate that not everyone has the ability to do this and may need help.