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Supreme Court Rule for 2nd Time on Fractional: CLA Press Release.

Late on Friday 30 September 2016, Canarian Legal Alliance issued a statement on the latest Supreme Court victories. This involved two rulings by the Supreme Court on another aspect of how timeshare is sold. (see the full release below).

 

This particular ruling confirms what many believed was in fact timeshare, but was being sold as something completely different and outside the scope of the timeshare laws, Fractional. Inside Timeshare ran an article: Fractional: What is it? Back in April.

 

http://insidetimeshare.com/fractional-what-is-it/

 

In this article it was called a “Pig in a Dress”, mainly because sales staff were promoting it as property and an investment, also as a way out of your timeshare contracts. In the article it explained what fractional ownership actually is, genuine fractional is a real estate transaction, usually by a group of people going into partnership to purchase a property outright and sharing the costs. This type of transaction would be done following normal real estate practices, it would also follow the trends of property prices, either up or down, allowing the owners to sell on the open market as normal. The other aspect is that you would know the other owners, you would then be bound with them in a contract covering; use, costs and the rules governing the sale of any given share. In the model sold by the timeshare companies, it is doubtful if you would ever meet with the other owners of your fraction, let alone know them.

pigdress
I am not timeshare, I am fractional!

In the first case to be ruled on by the Supreme Court, Puerto Calma Holiday Club Finland, had sold a so-called fractional to a client, implying that they were purchasing a share in the property. They even had the contracts signed in the presence of a notary, just to add credibility to the deal. The Supreme Court ruled in this instance this was not a property sale but did in fact come under timeshare regulations, therefore it is timeshare, awarding over £235,542 to the client. Under these laws it is illegal to sell any timeshare product (including fractional) as an investment.

 

Now remember, the First National Trust Company, who are the trustees of the Club la Costa Fractional Property Owners Club, did state and warn CLC in 2012, that fractional should never be sold as an investment. This clearly shows that even FNTC believed that fractional fell into the scope of timeshare laws. (See link below)

 

http://clcmembers.blogspot.com.es/

FNTC

The second ruling has come against another Gran Canarian operator, Palm Oasis, Tasolan SL, in Maspalomas. In this ruling the court rejected the belief that suggesting to timeshare owners they actually own a share in the property is designed to evade the timeshare laws. This then leaves the purchaser without any legal protection. The court in this instance awarded the client over 20,000 euros. They also reaffirmed that contracts over 50 years (perpetuity) are illegal.

tribunal supremo

This latest news now puts into doubt the legality of other fractional contracts sold by other operators, including Club la Costa and Diamond. Is this the start of a new round of litigation, putting another black mark on the timeshare industry.

 

The question also needs to be asked, why has the RDO not made any comment of this in the past?

 

Why have the RDO not warned their members that they may be selling another product illegally?

 

The simple answer is the RDO is paid by the industry and works only for the industry. After all an RDO member the FNTC did warn about this along time ago. Did the RDO just choose to ignore their advice?

 

CLA Press Release Friday 30 September 2016  CLA Logo

Good Afternoon

SUPREME COURT VICTORY AGAINST PALM OASIS

 

Canarian Legal Alliance is proud to be able to announce another ground breaking decision of the Supreme Court in clarifying and declaring illegal the modus operandi of Palm Oasis and resorts using similar schemes.

This company in common with, for example, Puerto Calma in Gran Canaria, in the name of timeshare sold their clients an indivisible share of a property and suggesting that timeshare laws did not therefore apply, leaving their purchasers unprotected.

 

This sentence clearly rejects the notion that suggesting to timeshare owners that they actually own a fraction of a property evades timeshare laws. Implying that the clients are, in any way, owners of the property is strictly forbidden in law

 

The justices of the highest ranking court in Spain have no doubt that timeshare law does and must apply and accordingly declared our clients contract null and void on the basis that its term exceeded the 50 year maximum. The clients were awarded over 20,000 euro.

 

With this ruling the Supreme Court has maintained their consistency in finding “in perpetuity” contracts to be illegal, just as they pronounced 18 months ago as doctrine in favor of another Canarian Legal Alliance client. Since that time we have celebrated numerous victories at all levels of the Spanish legal system and against a whole range of different timeshare resorts. Our law firm is not only the first one, but still the only one to have brought timeshare matters before the Supreme Court for discussion.

Canarian Legal Alliance is the market leader in payouts to unhappy timeshare owners with over 2 million Euros already PAID BACK to our clients. If you would like to receive expert advice on the legality of your timeshare contract do not hesitate to contact us, the law firm who made legal history in Spain.

 

CLA  wishes you all a very nice relaxing weekend

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

http://www.canarianlegalalliance.com/supreme-court-victory-against-palm-oasis/

If you need any information in this article or have any question about any timeshare matter, Inside Timeshare will be pleased to help. Contact Inside Timeshare and we will get back to you.

 

Guess Who is in the News Again? More on Anfi

A day does not seem to pass without the beleaguered Anfi being in the news, this time it is Canarian Journalen, an online Norwegian journal in Gran Canaria. Their article outlines the recent sale by the Lyng family of their 50% share in Anfi to IFA Lopesan. (See link at end of article).

canarian-journalen-logo

The price given for this sale is a paltry 41.3 million euro, which pales in comparison to the reported 100 million euro the Cazorla group paid for their 50% stake in 2004. Canarian Journalen hints at the reason behind this low figure, not just the legal battle over contracts which Anfi are losing on an almost daily basis, but also the problems associated with the Tauro Beach project. They hint quite strongly this could be the involvement of the Cazorla Group in corruption accusations and scandals which may also involve “political characters”.

 

Canarian Journalen asked Ragnar Lyng if these problems influenced the decision to sell? In his reply Mr Lyng stated “It is impossible to be passive partner when it is not built on trust, says Ragnar Lyng. When asked for the main reason for the sale Mr Lyng replied, “Disagreement on business philosophy. First and foremost in how a customer should be treated.Satisfied customers will return again and again, taking with them more, and give praise that strengthens your brand. It is also about respect for other people’s fundamental approach”.

anfi logo

 

 

 

 

Just from these few words it can clearly be seen the original concept of his father had been tarnished. Instead of very happy members who wished to return year after year, they became very disgruntled with the way they were treated. This is obviously borne out by the court judgements against Anfi, with even more in the pipeline. On this point many members have stated they were happy with Anfi as a resort, the problem has been in their treatment, continuous upgrading and the lack of availability.

 

One member who has taken action said they were upgraded several times, the last being a floating week at Anfi del Mar, but when trying to book were told no availability. Yet that was the reason given to upgrade, to ensure availability. When this particular member caused a stir with bookings, he was given one of the worst locations at Anfi Beach Club, on the ground floor with all the noise from the bars and the pool to contend with. This particular client was so incensed by this they sought redress through legal action to cancel the contracts.

 

On another note it has just been announced that on 27 September, the Supreme Court made another judgement against Anfi. This was in favour of a Norwegian client of Canarian Legal Alliance. This brings the total Supreme Court Rulings to an amazing 22, with many more in the process of being heard.

CLA Logo

The Norwegian clients have been awarded 27,000 euro, with their contract being declared null & void. Again the Supreme Court ruled on the basis that “Floating Weeks” are illegal. More on this as it is made public. So to the clients and the legal team at CLA, a very big congratulations.

 

It is very clear these stories on legal action, the sale by Lyng to Lopesan and off course the ongoing investigation into the Project at Tauro Beach still have a long way to go. It will certainly keep the newspapers busy, Inside Timeshare will publish any news as and when it comes in, so watch this space!

 

http://www.canariajournalen.no/Nyheter/Lyng-familien-har-solgt-seg-ut-av-timeshare-anlegget-Anfi-del-Mar-paa-Gran-Canaria

 

If you need any information on any article published, or just need information on any company you may be dealing with, contact Inside Timeshare, if we don´t know the answer we will find out for you. Have a good weekend.

Litigious Abogados Who Are They?

On 23 September 2016 Mindtimeshare published a warning about a so called lawyer and law firm, it asked the question are they for real? Their conclusion was no.

While looking at the websites, they looked very familiar, even the address was one we had seen before. While searching the Mindtimeshare website it was revealed that it was familiar, the same address has been highlighted before on 5 July 2016 for Litigar Abogados.

litigious-abogados

Litigious Abogados or Litigious Lawyers, name of the lawyer is given as Emilio Leyes Catillianos.

Both web sites show the same CIF Number: A36428761

Tel: 0800 862 0102

The address given is:  Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife

This address is not quite correct, it should read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife. This address is actually for Oficina del Servicio de Atención Ciudadana which is part of the Ayuntamiento or local council offices. (Checked on google maps street view).

Both websites were only registered on 14 August 2016, details of who the registrant is are hidden.

litigiousabogados.com

http://emiliocatillianos.com/

 

Back in July 2016 another company of so called lawyers came up on the radar, they too used the same address as above. Both websites are exactly the same as those for the above lawyers.

litigar-abogados-4

This other firm was known as Litigar Abogados, the So called lawyer is Manuel Amas Conde.

Both websites show the same CIF Number: A34812673

Tel: 0800 862 0140

The address given is the same as above.

Both websites registered on 6 June 2016, again registrant is hidden.

litigarabogados.com

http://manuelamasconde.com/

 

None of the websites show any registration number for any bar association, although they do state they are members of the Bar Association. If so the registration number should be shown.

On both websites in the location section, they also show the logo for the Oficina del Servicio de Atencion Ciudadana, to try and show credibility. Also on both home pages they claim 15 years of presence on the internet.

In the law section of Litigar Abogados they also show the coat of arms for the Colegio de Abogados, or the College of Lawyers which is the bar association. Above this is another logo stating 25 years of membership to the college.

On the Litigious Abogados website in the Civil Law section it shows two photographs of lawyers with the names:

Simone Manuel Olivaz & Ramon Quilnar Canal

 

I am waiting for further information on both companies and all the named lawyers, when this comes in it will be published as an update.

If you have been contacted by either of these companies Inside Timeshare would like to hear from you. Remember, lawyers would normally show Bar Registration Numbers and which College of Lawyers they are registered with, these can then be verified as to their legitimacy. This does prove that doing your research into any company that contacts you or one you may have found in the internet, is the first step in protecting yourself. If you need any help in finding information Inside Timeshare will be pleased to help.

 

More News from the Supreme Court.

The latest news from those intrepid lawyers at Canarian Legal Alliance is again hitting the papers. El Diario has published the news of two Supreme Court sentences, these are against Puerto Calma Holiday Club Finland and Tasolan SL at Palm Oasis.

 

The ruling against Puerto Calma was made for breaches in the selling of fractional ownership, the court ruled that this was not property as indicated by the sales division, but was indeed timeshare. It also upheld previous rulings that contracts over 50 years are illegal. In this case the client received a tremendous award, £235,542 plus legal fees and interest.

 

As for the Palm Oasis ruling, again it was the over 50 years contract, as yet no indication of amounts awarded have been published. These ruling are becoming a regular almost weekly event, going to show that the laws will be enforced, and the decisions made by the Supreme Court will stand.

 

http://www.eldiario.es/canariasahora/tribunales/sentencias-Supremo-timesharing-Gran-Canaria_0_562744176.html

 

In another article on their website, CLA have told the story of Mr & Mrs Grant. Their case went to the Supreme Court in July, their Anfi contract was declared null & void as per the over 50 years ruling. Mr & Mrs Grant took time out from their holiday to visit the CLA offices and personally thanked the team for all their hard work and efforts. This must have been appreciated by the members of the CLA team, who must have also had great big smiles like the Grants in the photograph.

 

News was also published on 22 September that another Supreme Court ruling had been made, once more this was against Anfi. The court again upheld previous rulings that contracts over 50 years are illegal. So another UK family have had their contract declared null & void, with an award of £31,548 including legal fees and interest being made.

 

Once again congratulations to the legal team and to all the families who have been victorious, to those waiting for their cases, be patient, the law and the courts are on your side.

 

If you have any questions about this or any other article, contact Inside Timeshare and we will be pleased to help.

 

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

 

http://www.canarianlegalalliance.com/anfi-supreme-court-21/

 

Anfi Boss Cazorla Going to Morocco: Is it Retirement or Escape?

El Diario a Spanish Daily newspaper has today published news that Santiago Santana Cazorla, the 50% shareholder of the Anfi Group is moving to Morocco for “retirement”. Their headline is Santana Cazorla se refugia en Marruecos” or Santana Cazorla takes refuge in Morocco. (see links at foot of page).

eldiario

Cazorla himself puts it down to starting a new phase in his life with new business projects, but within the business world it is seen very differently. Some of the explanations are somewhat different, it is widely believed it is down to the endless succession of problems he is facing, not only within his company but also it seems his private life.

 

It is known that he has had many conflicts with his brother Manuel, and various lawsuits have taken place. One is still in process, this involves a corruption scandal known as the Gondola case, it has been ongoing for around ten years at the court of San Bartolomé de Tirajana. This case has been in the hands of around a dozen judges and several prosecutors.

Santiago Santana Cazorla
Santiago Santana Cazorla

 

 

 

 

 

His involvement with Bjorn Lyng began during the development of Anfi Tauro, Cazorla purchased 50% of the Anfi company as Lyng needed investment for his Project of Anfi Tauro. This has presented many disputes between the partners over the years, the most notable was the lawsuit brought by the Lyngs over the misappropriation of funds. The Lyngs instigated criminal proceedings at The Court of Instruction No 3 of San Bartelomé de Tirajana, after it was discovered that around 9 million euros had been diverted to the Cazorla company Hermanos Cazorla, it was said that these funds were used to pay private debts. This money had to be replaced to avoid criminal proceedings so is basically on hold.

 

It has also been suggested that Cazorla is selling off his 50% share of Anfi, it is rumoured that Alfredo Morales may be the buyer, this has been sparked off by the relationship between him and the Director General of the Anfi Group José Luis Trujillo. Morales is also a shareholder of Binter Canarias, the Canarian Airline. This will no doubt please the Lyng family to be rid of Cazorla, after all on many occasions they have tried to oust him from the board, which he controls (see link Battle of Partners).

ANFIDELMAR, (MOGÁN), 30-08-2006, FOTOS: SANTI BLANCO. ENTREVISTA A JOSÉ MANUEL SORIA, PRESIDENTE DEL CABILDO DE GRAN CANARIA.
José Manuel Soria during his stay at Anfi

It is the projects at Anfi Tauro and now the Tauro Beach project that has been the cause of many of his headaches. The first notable scandal was the Salmon case, this involved the then head of the Canarian Government José Manuel Soria and involved his trip with Bjorn Lyng, flying by private jet to Austria for a concert and then on to Norway for salmon fishing. Hence the name of the case. Then staying as a guest at Anfi del Mar also courted controversy. At the time the Anfi Tauro Project was about to undergo considerable streamlining, permissions would not be granted unless this happened. Just after this trip and holiday at Anfi the project was given the go ahead by the government in its entirety, with no streamlining. A reporter then made a denuncia against Soria for corruption, the judge in the case due to certain senior Anfi management testimonies found no case to answer. Again this caused major uproar in the press and in local communities.

 

Now we have a possible corruption scandal about to erupt over the Tauro Beach Project, which Inside Timeshare has been highlighting over the past few weeks (search Tauro Beach). The project involves the creation of a man made beach, boardwalk, shopping center and marina at the Barranco de Tauro, this is being constructed by the Cazorla Construction Company on behalf of the Anfi Group. It involves the importation of 70,000 tonnes of sand from the Sahara, it has also caused many problems for the local residents. It was only at the beginning of August the high tides began overflowing the beach and flooding local homes, had there been a storm at sea coupled with the high tide the situation would have been worse.

gc-seprona

The Guardia Civil Nature Protection Unit (SEPRONA) have  instigated an investigation which resulted in the dismissal of the head of the Canary Islands Coastal Authority José Maria Hernández Leon. The local residents of Tauro have also made formal complaints to the Guardia Civil over the flooding, which the Guardia are now investigating. This particular episode is still in the early stages and may cost the Anfi Group dearly.

 

So the question has to be asked, is this “retirement” or is he fleeing in order to escape the consequences of his actions? After all he is no stranger to scandal, accusations of corruption and lawsuits. The Anfi empire is certainly in disarray, with the scandal erupting over Tauro Beach, then there is the matter of all the court cases for mis-selling and illegal contracts. They have already lost millions of euros in the past year alone, also having 17 Supreme Court judgements against them, with hundreds more in the pipeline.

 

Could it be you the members of Anfi who may just be more victims in all this, what happens if these scandals become full blown court cases? Will you be lumbered with special levies to cover lost money or will you just lose your membership? Only time will tell.

 

If you have any questions or comments about this or any timeshare matter, contact Inside Timeshare and we will try to answer them for you.

 

http://www.eldiario.es/canariasahora/topsecret/Santana-Cazorla-refugia-Marruecos_6_549155083.html

 

http://insidetimeshare.com/great-anfi-battle-partners/

 

Tenerife Court Rules Silverpoint Responsible for Resort Properties

On 1 August 2016, Canarian Legal Alliance announced a significant victory in Tenerife, this was against Silverpoint. The Court of First Instance in Arona ruled in favour of the CLA client, declaring their contract null & void, again the court used the recent Supreme Court rulings as precedent. (These now number 17)

contract

They upheld the fact that the contract was illegal as it was for more than 50 years, they also found other irregularities in the contract. Consequently the client was awarded over 25,000€ including maintenance fees and legal costs.

The court also ruled that Silverpoint was responsible for contracts issued by Resort Properties, this ruling puts into no doubt the courts see Silverpoint and Resort Properties as one and the same entity.

This has been a point of contention for some time, Silverpoint have always denied they are Resort Properties, that they had bought them out and were not responsible for what Resort Properties did.

The former sales manager David Taylor had consistently denied any link, even being caught on video, (see youtube link). In this video Mr Taylor states to a client that he can not do anything about the purchase made under Resort Properties. He blatantly uses the Data Protection Act as a cover, saying that under this act all records from Resort Properties are unavailable to Silverpoint.

silverpointlogo

The problem with this is the client already knows the people involved from Resort Properties, he had dealt with them before, including Mr Taylor

So how true is Mr Taylor’s claim under the data protection act? Not very.

When Diamond took over from Sunterra, all records of transactions and members became their property, how else could they run the club / resorts. Surely if Silverpoint was a completely new entity, not just a revamped Resort Properties, they would have had access to all members and purchases made under Resort Properties. Obviously they would need to know what has been sold and who the members are.

As the video shows, it was a ploy to make the client pay more money, the investment pitch! This company has been doing this for years, making investment promises and continually reneging on them. These investment packs have been peddled for many years and have been highlighted on many occasions, in total contravention of the rules regarding selling timeshare as an investment. Yet these companies blatantly made a fortune from this, despite being members of the RDO, yet failing to follow the codes of conduct and ethics.

What did the RDO do about this?

Nothing.

rdo-logo

Why did they not do anything as the body set up as a trade association to ensure compliance with regulations?

Simple, Resort Properties / Silverpoint are main contributors of the organisation, it is not there to protect the consumer, it is there to protect its own members. They even state on their website, they do not investigate any complaint about any member of the RDO, you must go directly to the member concerned. What type of trade body is this?

Inside Timeshare has also recently publish news that the said Mr Taylor is now working out of the York office for Monster Rewards, his new title is Senior Client Advisor, supposedly helping people to get out of their timeshare, yet ending up purchasing Monster Credits. After watching the video over and over, my feeling is how could I trust this man?

We have stated before, timeshare itself is a great concept, it is the people involved and how it is sold that is the problem. The RDO and TATOC need to be replaced, preferably by independent bodies, not beholden or financially dependent on the industry.

In the following links are the David Taylor video:

Silverpoints new website;

Summary of Monster companies;

Trade bodies and Associations.

https://www.youtube.com/watch?v=_oNdi4NT4O8

http://insidetimeshare.com/look-now-giving-timeshare-advice/

http://insidetimeshare.com/monster-credits-associated-companies-summary/

http://insidetimeshare.com/new-member-egtbw/

If you have any information about any company you have dealt with and would like to share this with others, Inside Timeshare would like to hear from you. If you have any questions about this article or any timeshare matter Inside Timeshare will find the answers for you.

SILVERPOINT COURT VICTORY

CLA Issue Update Video

Since we highlighted the latest Supreme Court victories achieved for clients of Canarian Legal Alliance, they have published on their website a video with one of the lawyers, Cristina Batista. In this video Cristina explains the significance of these victories and the history behind them.

One Foot In The Grave!

One of the cases highlighted in the video is of a family who had a very quick result. By the time they and the legal team returned to the office in the afternoon, news came through of the judgement being issued. The speed of this particular decision must have come as a shock, who has ever heard of a court acting with this speed? It only goes to show the effect these Supreme Court sentences are having on the lower courts.

 

Cristina also explains that they have around 830 live cases at the lower courts, with over 100 waiting to be heard at the Supreme Court. Spain is definitely leading the way in how the EU Directives on Timeshare are being implemented. The question now is how long will it be before other countries follow suit?

 

To see the full video click on the link below.

http://www.canarianlegalalliance.com/cla-latest-updates-video/

At present we are aware of only one other case being won by another company, this was against Silverpoint in Tenerife, we still do not know which company conducted the case. But it is only a matter of time before other cases come before the courts by other firms, using the precedents set by the Supreme Court in CLA cases.

If you have any questions about any timeshare matter, or about any company you are not sure about, contact Inside Timeshare. We will help to answer your questions and explain how to check them out. If we don´t know the answer we will find out for you.

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

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.