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Start the Week: Latest Court News

Welcome to the start of another week, today we review some of the legal news which was announced last week from the courts in Gran Canaria and Tenerife. We ended last week with yet another warning on calls from suspect companies claiming to be appointed by the courts to retrieve money “awarded” by the courts for cases which have never taken place. This prompted a flurry of emails from other readers who have also been contacted and were unsure if they were genuine. Thanks to Inside Timeshare publishing this warning these unsuspecting victims have been saved from paying and losing even more money. The companies named in the warnings are Solutions SL, CUC Abogados of Tenerife and Sanchez Services based in Fuengirola.

We begin with the news that Silverpoint has paid out a client and they will now be enjoying a timeshare free life with a massive 103.050.14€ in their bank account.

This is a brief rundown of the proceedings against Silverpoint:

The UK client won their case in the Court of First Instance in Arona, Tenerife, as usual, Silverpoint made another frivolous appeal to the High Court in Santa Cruz, once again using this tactic to delay and avoid paying as ordered.

Unfortunately for Silverpoint the High Court upheld the sentence of the lower court and found in the clients’ favour. Canarian Legal Alliance had already filed a provisional execution of sentence order with the court. Upon receiving the news from the High Court, CLA launched a final execution order on a Silverpoint bank account and secured the funds for their client who has now received payment.

It must also be pointed out that in the original first sentence the award was 74,584.20€, but because of the delaying tactics employed the legal interest increased the final payment.

Obviously, this is great news not only for this client but for others who are also in the same position.

Enforcement orders

Another UK client has also had their funds secured and their contract declared null and void. The funds have been secured by a cash embargo and a final execution order. The total amount this client will now receive is 61,197.25€ and also their contract has been declared null and void.

Another cash embargo was also achieved for a German client of Silverpoint, with over 36,000€ to be paid into their account.

At the courts in Gran Canaria, another UK family has had over 42,000€ secured by a court order. This was made against Palm Oasis (Tasolan) and shows that CLA is ensuring that their clients receive what they have been awarded by the courts.

In just these four the total secured is over 242,000€.

More news which will also it was announced that the Judge in The Court of First Instance, Maspalomas, Gran Canaria is now following the criteria of the other judges in Courts 1, 3 and 4, he will now dictate sentences after the pre-trial stage without the need for a full trial (unless in special cases). This certainly is good news for clients who will now no longer be required to attend the court and give evidence.

This will obviously speed up the legal process and is good news for clients, it now only remains for Court Number 2 who still requires clients to attend and submit personal evidence and be questioned by the defendants’ lawyers.

It certainly looks like the courts are no longer accepting the tactics of the timeshare companies demanding the attendance of the clients in court and also in the delaying tactics of constant and frivolous appeals. For you the clients this news shows that justice is on your side.

Latest Court News

Today Inside Timeshare highlights some of the latest news from the courts in Spain, courtesy of Canarian Legal Alliance. As we know they are the leading law firm in timeshare law and litigation with many victories to their credit including now 130 rulings from the Supreme Court.

We begin with the latest ruling from the Supreme Court, this case involved Diamond Resorts Tenerife Sales SL, which is a subsidiary company of Diamond Resorts International.

After a lengthy process of appeals by Diamond, the Supreme Court ruled in favour of the client, with their contract being declared null and void and the return of over 19,000€ plus double the deposit which was taken within the statutory cooling-off period. The court also awarded the client back their legal fees and legal interest.

In another case against Diamond at the Court of First Instance Granadilla de Abona, Tenerife, the Judge has decided not to proceed with a full trial, he will issue his sentence in due course. This will be based on the documents and the contracts which as we know clearly show that the sale was made in breach of the timeshare laws.

We have seen many of the judges in the courts of Gran Canaria foregoing the full trial and issuing judgements at the pre-trial stage for some time now, with many more judges at the courts of Arona, Tenerife are following suit in cases involving Silverpoint.

It is obviously good news for the clients as it has the effect of cutting down the time it takes to bring a case to a conclusion and also saves the clients from having to travel to attend the hearings. Hopefully, more courts will be following this lead as the cases are purely based on the contracts which are in breach of the law.

Marriott Marbella Beach Resort

We now move to the Costa del Sol and the latest victory coming from the Court of First Instance Number 6 in Estepona.

This case involves Marriott Vacation Club with the judge declaring the contract null and void, citing the 130 Supreme Court rulings the judge ruled that the principal cause to nullify the contract was the “lack of an end date” on the contract. As we had stated previously, contracts under Spanish law should be for a maximum of 50 years.

The ex-timeshare owners were also awarded over £24,000 including the return of their legal fees plus legal interest.

In July last year Inside Timeshare published the fact that Marriott admitted they were losing in the Spanish courts and set aside around $16.3 million to cover the litigation expenses.

https://insidetimeshare.com/marriott-admit-losing-in-spanish-courts/

Going back now to the beginning of the month, Canarian Legal Alliance had a total of six rulings in favour of their clients, these were against Anfi, Silverpoint and Diamond Resorts. Once again the common denominator is that both the First Instance Courts and the High Courts are using the rulings made by the Supreme Court.

All contracts were declared null and void and the total awarded to clients is in excess of 204,000€.

If you purchased a timeshare after 5 January 1999 and would like to know if your contract is illegal and if you have a valid and viable claim, or you purchased from any of the companies featured on Inside Timeshare, then please use our contact page. Inside Timeshare will then get back to you and explain what options are open to you.

European Timeshare Law Institute Report

The European Timeshare Law Institute is an organisation that has a specific mission, to increase trust among consumers in the field of timeshare litigation. Recently they highlighted three of the top timeshare compensation specialist in Europe, they then published their findings on their website.

https://www.tetli-institute.com/three-top-timeshare-compensation-specialists-europe

The institute recognises that many consumers are walking through a veritable minefield of scammers, fake law firms and some unscrupulous law firms selling bogus legal services. Many of these we have highlighted on Inside Timeshare. The institute’s aim is to verify the claims made by many law firms and to highlight the ones they have verified as doing the best job on behalf of consumers.

The first law firm which the institute has highlighted in their report is none other than Canarian Legal Alliance, no strangers to these pages. According to their report, CLA is the top law firm in the number of cases it has ongoing and is also top for the amount of cash returned to consumers. It is believed that they have secured over £7.8 million with a further 2.4 million in bank guarantees, plus they have embargoes on 11 Silverpoint properties.

In second place, they have named M1 Legal, a law firm based on the Costa del Sol, Spain. According to the Institute’s report, M1 Legal have been making great efforts in delivering cases in the Spanish Courts. They are also involved in many cases against banks who have worked with timeshare companies to provide finance agreements to help push the sale through. Inside Timeshare knows that M1 Legal is involved with the ongoing case of Barclay Partner Finance and the granting by the FCA of “Validation Orders” to legalise agreements brokered by a non-authorised agent in Malta.

In Third place, the Institute recognises TESS Law as one of the most successful companies based in the UK. According to the information the Institute has published, TESS Law are representing around 1,000 consumers in Section 75 claims in the UK, securing over £3.9 million in payments of which £2.8 million has been paid to date. They are also involved with a further £8 million worth of claims in Spain and are in the process of negotiating on behalf of 190 consumers in respect of the mis-selling of Monster Credits.

Number of cases

Top: – Canarian Legal Alliance (Spain) £95 million in pipelined claims

Second: – M1 Legal (Spain) over  £20 million in the pipeline and many more millions with UK law firm Messrs. Pinder Reaux.

Third: – Tess Law (UK) £12-14 million in the pipeline

Cash returned to consumers this is an estimate and based on facts share with us: –

As a group (not declared) all 3 companies collectively £11 million

CLA has a further 2,4 million in bank Guarantees and 11 apartment Embargos silverpoint.  TESS LAW also has 1.8 million in embargos.

This report from The European Timeshare Law Institute does give further information, please see the link at the top of this article for the full report.

Are you looking to find a genuine company to see if you have a claim or wanting information on relinquishment, if so then please use our contact page and Inside Timeshare will get back to you?