Welcome to the start of another week with Inside Timeshare, today we begin with the news of the latest two cases to come from the courts, the first is against Marriott and the second is a guaranteed bank payment from Anfi. Going back to an old story of Mrs B and her battle with MacDonald Resorts, a story we covered for many years and published the final chapter on 5 November, well, it would seem that MacDonalds is using the same tactics against others. According to several enquiries received recently, the County Courts are going to be busy with cases being brought against members by MacDonalds “bloodhounds” the law firm Shepherd and Wedderburn. This is one of the most despicable timeshare operators anywhere in the world as you, our readers, already know from the long-running saga of Mrs B. But first on with the court news.
On Thursday last week, Canarian Legal Alliance released the result for a case at the Court of First Instance Number 4 of Marbella.
The case was brought on behalf of a German client against Marriott Vacation Club, once again the client’s contract was declared null and void with the court ordering the return of 13,392€ plus a further 21,600€ in respect of the taking of deposits illegally within the statutory cooling-off period. The courts are consistently awarding double the amount for these illegal payments as laid down by the rulings of the Supreme Court.
The total amount the client will now receive is 34,991€ plus legal interest.
In this particular trial, the presiding Judge made specific reference to the very first and groundbreaking ruling in 2015, by Canarian Legal Alliance. It was this ruling in the case of Tove Grimsbo versus Anfi, that confirmed the Timeshare Law 42/98.
In this ruling, it was confirmed that “floating weeks” (which includes points systems) are illegal, that contracts “in perpetuity” (over the maximum 50 years allowed) and the taking of any payment within the statutory cooling-off period are illegal. (See link below for the original news item).
It is clear that the Judge in this case against Marriott was following the law and the Supreme Court rulings to the letter.
The case was prepared by the Lawyers Christine Ihmann and Miguel Angel Melian Santana, with Claims Consultant Evi Richter assisting the client.
The following day yet another bank guarantee for 20,911€ was paid to the court, this is the amount awarded to the Swedish client of CLA in their case against Anfi.
The Court of First Instance Number 3 of San Bartelomé de Tirajana also declared the contract null and void following the many ruling made by the Supreme Court that contracts over the maximum 50 years duration, floating weeks and points systems are illegal along with the taking of any payments at the point of sale.
Although this bank guarantee secures the funds for the client, it is expected that Anfi will launch yet another frivolous appeal to the High Court. So until the original sentence is confirmed by the High Court, the funds will remain in the court’s account, but at least they are secured.
If they do launch another appeal, Inside Timeshare will be keeping an eye open for the result and will have another good laugh when they lose yet again!
This case was prepared and presented by the Lawyer Eva Gutierrez with Claims Consultant Michael Gadman assisting the client.
We now move to the continuing story of the practices of one of the vilest timeshare companies to be in existence, MacDonald Resorts. Our regular readers will be familiar with the long-running battle that Mrs B has had with MacDonalds over maintenance arrears on a timeshare that was “legally” transferred.
The story follows the threats from MacDonalds through various “debt collection” agencies such as Credit Network Services and to the “threats” by their “legal bloodhounds” Shepherd and Wedderburn. (See link below to the last article).
The problem as we have seen with these threats is that MacDonalds with Shepherd and Wedderburn representing them are totally intent on taking “members” to court. Inside Timeshare has been receiving enquiries from many “members” who are also facing a similar problem.
One reader has explained that they originally took over the timeshare at Lochanhully from a friend and neighbour who could no longer use or afford the timeshare membership. This was for a fixed week with an attached apartment, in other words, “real timeshare”.
When they transferred the membership into their name, they never received any notification that it had been completed, they never received any “New Member” agreement or any membership certificates. They were not even informed of any existing “exit mechanism”, not that the one allowed by MacDonalds is anything but fair!
As far as our reader was concerned they never received any paperwork to confirm their ownership, then when they received a letter telling them that MacDonalds had now moved over to the “points” system. This was a system which was wholeheartedly endorsed by Harry Taylor the then CEO of TATOC and recipient of funds from MacDonalds.
Our reader responded that they were not interested in changing to the points system and demanded that his “ownership/membership” be relinquished.
Since then they do not recall ever receiving any demands for the annual maintenance bill and have never paid anything since. Unfortunately, they mistook the lack of communication from MacDonalds as a sign that they had indeed relinquished their timeshare. They are now locked into a timeshare they cannot get out of and are now being taken to court for the arrears.
In our second case of MacDonald Resorts, this new reader is now being taken to court for arrears and their story is very similar.
They purchased a fixed week with an attached apartment at Elmers Court, which was used and enjoyed as they were guaranteed their week each and every year. Unfortunately, they suffered the same fate as every other owner, they were forced to accept the “new points” system introduced by MacDonald’s and as we have said endorsed by Harry Taylor.
Once again our readers told MacDonalds that they did not want the points and would hand back their timeshare. Once again nothing was heard from MacDonalds until recently, the same tactics are being employed by MacDonalds, intimidation and threats by their“legal Bloodhounds Shepherd and Wedderburn”.
When will the authorities begin to clamp down on the likes of MacDonald Resorts, using every means of intimidation to ensure that they do not lose members but keep cashing in their extortionate maintenance fees for timeshare people don’t want and are unable to use.
We also suspect that the vast majority of “members” of MacDonald’s are all in their latter years of life, their circumstances have changed, they are probably on pensions and do not have the funds they once had. They are more than likely unable to travel and their own children and in some cases grandchildren don’t want the timeshare. Yet they are locked in with no real way of exiting.
We also know that MacDonalds is not in a very good financial situation, it is believed that they are selling off some of their hotels and we suspect that the latest increase in the number of “members” being threatened with court, is in our opinion just a way to ensure they have an income.
In other words, it is pure greed on the part of MacDonalds Resorts, “to hell with the members they only supply us with the money!”
If you are also being threatened by MacDonald Resorts, Inside Timeshare would like to hear from you, please use our contact page and we will get back to you.
Are you wanting to be rid of your timeshare, if so and you want to find out what your legal rights and options are then please get in touch by using our contact page and Inside Timeshare will get back to you?