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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.

Breaking News: Its A Strike!

Well, well, well, they just seem to keep on coming, it was announced yesterday, 7 June 2016 by CLA of yet another judgement by the Spanish Supreme Court.

victory2

This now brings the number made to an incredible TEN, with apparently many more waiting to be heard. The latest ruling is again against Anfi, this time the client is English. In this ruling the court once again reaffirmed that Floating Weeks are illegal, also reaffirming their previous rulings that contracts in Perpetuity are also illegal.

 

The court has awarded them over 20,000€ plus all legal expenses.

 

Yet another blow to the timeshare industry, and they still believe that these ruling are wrong. How many more will it take for them to realise that the game is up, that they should now put their house in order and start playing by the rules. It is only a matter of time before other States in the EU implement the same rulings. Once this happens we will see cases being brought for timeshares not sold in Spain.

 

Once again congratulations to this particular client and well done the Legal team at CLA.

champagne

If you require any information, or have any comments Inside Timeshare would like to hear from you, if we don’t know the answer we will find it.

 

Here We Go Again! Another Supreme Court Ruling for CLA against Anfi.

Canarian Legal Alliance once again announces another Supreme Court victory against Anfi, this was published on their website on 31 May 2016.

 

The Supreme Court again has awarded one of their clients double the deposit back, due to the fact of taking payments within the 14 day cooling off period. The court has also reinforced the fact that floating weeks and contracts in perpetuity are illegal. This client will be receiving over 30,000€ and have their contract canceled.

 

This now brings the number of rulings by the Supreme Court on behalf of CLA clients to nine. This will obviously have a profound effect on all timeshares sold within Spanish jurisdiction, the floodgates have been opened and there is now no turning back.

 

Consumers now have the full protection of the law despite what the timeshare companies and the trade body the RDO may say. In the end it is only themselves to blame for their present predicament.

 

It has also come to the attention of Inside Timeshare that another case brought in Tenerife against Silverpoint has resulted in a victory. The only information so far is the case was conducted on behalf of a British Silverpoint client, the case was heard by Judge José Pablo Carrera Fernadez. At present we do not know which firm started these proceedings. It would seem that the court in Tenerife has also used the Supreme Court rulings in its judgement. More will be published on this when the information becomes available.

 

Once again congratulations to the respective clients and both the legal teams that fought your cases.

slicksaleman

THE SUPREME COURT STRIKES AGAIN

Inside Timeshare is here to bring you the latest news and information about the world of timeshare. If you need any advise or information about your own timeshare or any company that you may be thinking of dealing with, contact Inside Timeshare for free and impartial advice.

Supreme Court Rulings: Simply Explained.

We have seen many articles about the recent Supreme Court Rulings on timeshare, but what are they?

 

Firstly the taking of deposits within the 14 day cooling off period has been declared illegal, it has also been clarified that this includes those taken by a third party. Many companies used this method to get round the EU Directives which stated that no deposit was to be taken, many had the deposit paid to a trust company, thereby being able to state that they did not take deposits.

 

Why were deposits taken within this period outlawed?

 

Many of us are familiar with paying deposits, there are many instances where this is done. For instance, when booking a table in a restaurant for a large party a deposit is usually required. This tends to be non-refundable if you don´t turn up or cancel with reasonable notice. Most of us would accept this as we have initiated the contract with the restaurant.

 

Another example is booking a holiday with the local high street travel agent, we pay them a deposit as a sign that we will fulfil our commitment to complete the booking. If we cancel then the deposit is again non-refundable.

travel

So why is the taking of a deposit for timeshare or related products illegal?

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Fast and Furious: Result Within 24 Hours!

On 27 May Canarian Legal Alliance posted another victory against Anfi Resorts, this case was heard on 25 May 2016.

 

From the initial hearing to the judgement being delivered was within a staggering 24 hours, now this is amazing for any court no matter what country. This particular family must be very happy indeed, their contract has been cancelled and the court has ordered that they be repaid 20,000€.

fast and furious

It would seem that the Supreme Court rulings are having a profound effect on the way the lower courts are now dealing with these cases. In the past it was taking so long for cases to be heard and could even take longer to be resolved, mainly due to the lengthy appeals process. This can be seen with the now famous Grimsbo v Anfi case, six years in the making, but resulting in historical Supreme Court rulings.

 

Again this contract was declared null and void due to the taking of deposits within the cooling off period, along with the illegality of floating / points systems. We now wait to see how quickly other cases similar to this will be heard and adjudicated.

 

So it is congratulations to this particular family and well done the legal team at CLA.

 

Inside Timeshare is here to give you the latest news and information on what is happening around the timeshare world. Much of it will be kept from you the members, could it be they are afraid of a mass exodus or even more litigation. Truthful information is what you the members require, yes, you may be happy with what you have, Kim & Andy are proof of that. But even they are interested in what is going on, after all it may just affect you in the future.

real news

Update: Latest Massive Win for CLA Client.

Yesterday 25 May 2016 Canarian Legal Alliance announced another massive win for one of their Norwegian Clients.

 

The court in Maspalomas Gran Canaria, used the recent Supreme Court rulings that contracts in perpetuity are illegal along with the floating week system. This court also ordered the payment of double the deposit paid within the cooling off period.

 

This is another blow for Anfi resorts as the amount is a staggering 189,000€. It is also a blow for the RDO as Anfi is a member of this organisation, they have backed Anfi in suggesting that these rulings are incorrect and that the contracts are not illegal.

anfi logordo-logo

So far since the 4 April 2016,  Anfi have been ordered to reimburse CLA clients around 661,101.32€ in respect of illegal contracts. These contracts have also been declared null and void, thereby freeing the clients from their timeshares.

 

As stated in the article published on 24 May 2016, this is just against one company, how will they be able to sustain amounts such as this at the rate the courts are ruling against them? It would seem that the prediction of the million euro mark being reached before the halfway point of the year is right on track.

http://insidetimeshare.com/?s=breaking+news

Congratulations to the client and the legal team at CLA for this huge victory.

 

Inside Timeshare will continue to keep you updated as the news comes in. If you require any information about your rights or need to find out about a company you have or are possibly going to deal with, contact Inside Timeshare for free advice.

ANFI CONTRACT DECLARED NULL AND VOID COURT ORDERS REFUND OF 189.000€ TO OUR CLIENTS