Browse Category

End of Week

End the Week Roundup

It is the end of another week with Inside Timeshare, we began this week with an old story, that of Mrs B and her long-running battle with MacDonald Resorts over maintenance arrears for a timeshare she no longer legally owns. We also highlighted two new companies who have begun a cold calling campaign, Timeshare Refund Calculator and World and European Marketing Ltd. Once again these have been supplied by our regular readers who have been contacted by them. Another major article this week was the article Lopesan Sue Apollo Capital Management in UK Courts, a story that has aroused the interest of some of our US readers.

There was also some very good news from the courts, these were mainly sentences against Anfi. Many of these were judgements from the High Court of Las Palmas, GC, these were appeals by Anfi against the rulings from the Court of First Instance, in every case, the appeal was dismissed with the original sentence endorsed and returned to the original court for execution of sentence.

Considering the number of appeals that Anfi is making to the High Court, with all of them being rejected and sentences endorsed, it makes Inside Timeshare wonder why Anfi continues to appeal?

We suspect they are playing for time and just delaying the inevitable, possibly to deter any new claims being filed using time as a tool. After all, we know how devious Anfi can be!

We finish this week with news of another court case, this time it is not Anfi, but Holiday Club based in Gran Canaria.

The Court of First Instance Number 4 of SBT, has declared the clients contract null and void, they have also awarded over 20,000€ plus legal interest and legal costs.

This amount also includes the payment of double the amount of the deposit taken within the statutory cooling-off period.

Apparently, this is another case where the judge decided that a full trial would not be necessary and issued his sentence at the pre-trial stage. This means the case has been dealt with within a very short period of time, from filing with the court to the sentence has only been 6 months. It certainly is speeding things up now judges are dispensing with full trials.

This case was brought on behalf of the Norwegian client by Canarian Legal Alliance, with the Lawyer Eva Gutierrez preparing the case and representing the client in court, with Claims Consultant Michael Gadman assisting the client during the process.

That is all for this week, join us again next week for more news and information on the murky world of timeshare.

Remember, do your homework before engaging with any company, have a great weekend.

End the Week: More Court News

Welcome to the end of another week with Inside Timeshare and what a week it has been, with many enquiries from readers regarding “cold calls” and some of the wild claims being made such as the “fake” claims of Club la Costa and Marriott going into liquidation. This included an update on J Foster Associates who also claim that when the UK leaves the EU with “Brexit” UK clients will not be able to take cases to the Spanish Courts, a claim that is totally untrue. We also featured Part 2 of Timeshare Contracts: Held to Ransom. Plus there were some rather interesting results from the courts. We end this week with the latest court news.

At the High Court Number 11 of Barcelona, it was the turn of the Ona Group to be on the receiving end of an appeal being dismissed and the judgement of the Court of First Instance being upheld.

In the original judgement, the Court of First Instance declared the clients contract null and void, awarding the English client 112,724€ plus legal Interest. In this case, the client paid 70,000€ with the extra 42,724€ being made up of the illegally paid deposit taken within the statutory cooling-off period being awarded double.

It is a buyer’s right to withdraw from any contract without any financial penalty within the statutory cooling-off period, which is why it is illegal to take any payments as in the past this was used as a tool to ensure clients did not cancel.

The cooling-off period can be extended to 90 days, which will mean double the amount paid within that period if the purchaser has not been given the necessary information required by law.

The Lawyer conducting the case was Eva Gutierrez of Canarian Legal Alliance with Claims Consultant Jake Kaiser assisting the client.

In another case conducted by Canarian Legal Alliance on behalf of another English client, the High Court Number 3 of Las Palmas, GC, once again fully endorsed the judgement of the Court of First Instance which Silverpoint Vacations SL appealed.

In this case, the contract was declared null and void with the court ordering Silverpoint to repay 98,722€ plus legal fees and legal interest. Once again the court awarded double the amount paid as a deposit within the statutory cooling-off period.

This is just another nail in the coffin of Silverpoint, it also clearly shows that all the courts are now singing off the hymn sheet and applying the numerous rulings made by the Supreme Court which now number 130.

The case was conducted on behalf of the clients by Oscar Salvador Santana Gonzalez with Claims Consultant Jake Kaiser assisting the client.

No doubt before the end of the day there will be more news coming from the courts which we will bring you next week.

On Monday, Inside Timeshare will be giving an update about the ongoing case of Mrs B and MacDonald Resorts, for those who have been following Inside Timeshare for the past 4 years you will be familiar with the case.

Mrs B paid a company to get rid of her two timeshares, one at Oasis Lanz in Lanzarote, the other at Dona Lola Club on the Costa del Sol, a Macdonald run resort. Both were duly transferred to another person, no problem with Oasis Lanz, they just accepted it, not so for MacDonald’s.

They have pursued Mrs B with debt collectors and law firms for the arrears as they do not recognise the transfer. The latest news is that McDonald’s “legal bully boys” Shepherd and Wedderburn based in Scotland are now intent on taking her to court with her sister.

Both are in their 90’s and both have serious health issues, with both being virtually housebound. Yet Shepherd and Wedderburn are sending them documents of cases (6 in total) that they have conducted for MacDonald Resorts over arrears and won. If these are not tactics to scare two elderly ladies I don’t know what is. Join us on Monday for the latest instalment of this disgusting case.

Have a good weekend and take care.

End the Week: Another New Claims Company and Court News

Here we are again, the end of another week, we began with an update on JSD Group Ltd and the number of emails received by Inside Timeshare from owners who have been called by them regarding timeshare claims. These same readers have now been contacted by JSD again, this time it is for the solar panels they had fitted. We also published some of the latest news from the courts in which our old friends Anfi lost yet again at the pre-trial stage with the judge deciding there was no need for the case to go to a full trial. We then gave an update on Club Paradiso, it appears that Alvarez and Marsal, the administrators of Club Paradiso which as we know is in liquidation, have been unable to find a third party willing to take over the management of the Club. Not good news for members. There was also an article on a very dodgy “exit” scheme put into place by Belton Woods Lodges Ltd. Today we end with the latest new “claims” company to appear and news from the courts in Tenerife in which Diamond Resorts lose another case.

It has only been a couple of months since Inside Timeshare warned of the proliferation of new “claims & exit” companies, today we publish details of the latest to emerge, Themis Resolutions.

We can’t say Ltd or SL company as there are no company details on their website, in fact when searching for this company, absolutely nothing comes up, it is if they don’t actually exist!

The website

https://themisresolution.com/

It was only registered on 16 September 2020 and is set to expire on 16 September 2021, yet again a “claims & exit” company that has just emerged with no company details and registering the website for only 1 year. The registrant is hidden so there is no indication who is behind or who owns it. Not very confidence building so far!

On the contact page there is the usual form to fill in and submit, a telephone number: 01935 548 026, the STD code is for Yeovil in Somerset and the email address:

[email protected]lution.com

Considering the website is very basic and obviously lacking in any genuine company information, it is actually surprisingly well written. The information is relatively accurate and makes references to the various laws and EU Directives that have been put in place. Well, I should think so, Much of what has been written has actually been pilfered from Inside Timeshare.

Our reader after being called was sent an email signed by Dawn Knott from Customer Care, confirming what they had been told during the call, after the “thank you for speaking with us today” greeting it goes straight to “here are some articles to read” and then a link to one of our articles on the liquidation of Silverpoint.

The rest of the email is again taken from the article, although slightly rewritten, it goes on to explain the situation with the bankruptcy of Silverpoint, which then leads to the paragraph about claims in the “Commercial Court” and Civil Courts.

The last part of the email goes on about making a claim against a credit card company or the bank using Section 75 of the Credit Consumer Act 1974. Now considering they show no association with any law firm or explain if they will actually employ a lawyer to take a case to the Spanish courts, it certainly looks like they will be using the usual scenario.

As we already know, the majority of these “claims & exit” companies will state that the contract needs to be terminated first and then they will do the claim. For this, they will charge a hefty sum to do the “exit” and then they will make a claim. Well, first we know that once a contract is cancelled, then no claim can be taken to court, this then leaves section 75.

At present, it is not actually clear if Themis Resolutions is actually going to carry out these claims or if the website itself is just a “lead generator” where they “sell” clients to other companies, if so which ones? Whichever they are, it is quite clear that due to the severe lack of transparency, this is one “cold caller” and website you should be very wary of.

We now finish this week with news from the Court of First Instance No 3 of Granadilla de Abona, Tenerife.

In this case, the defendant was Diamond Resorts Tenerife Sales SL, who has now been ordered to repay a now-former member over 49,000€ plus legal interest. The contract again was declared null and void.

It was the usual infringement of the law which made this contract illegal on at least three counts, it was in perpetuity, longer than the 50 years allowed by law. The contract also included a points-based system, which has been deemed illegal on numerous occasions by the Supreme Court. There was also the illegal taking of deposits with the statutory cooling-off period.

The English client was represented by the Lawyer Miguel Angel Melian Santana, with the client being assisted by Claims Consultant Jake Kaiser both of Canarian Legal Alliance.

That is all for this week, if you have received any calls and would like to know if the company is genuine, or if you have any questions or comments on any article published, please use our contact page and Inside Timeshare will get back to you.

Have a great weekend and stay safe.