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Update

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

High Court Action and RCI: Update.

The RCI High Court Action is underway, the Financial Times published a story by Jane Croft outlining the history over the case. (see link below).

 

http://www.ft.com/intl/cms/s/0/319c5804-1b7d-11e6-a7bc-ee846770ec15.html#axzz49Swb0kAw

edwincoe

As we previously stated this action is being conducted on behalf of Four RCI members by Edwin Coe LLP, another 483 members are also part of this case. They alledge that RCI has skimmed off weeks from the exchange inventory, thus depriving members the exchanges they had been promised when signing up to the RCI exchange system.

 

RCI which is part of the American Wyndham Worldwide hospitality company, has since it was founded in 1974 been the major timeshare exchange system. It allows timeshare owners to bank and exchange their resorts for others worldwide, thus increasing the number of locations owners can choose from.

 

We stated in a previous article http://insidetimeshare.com/rci-action-update/ this case follows one taken in the U.S. The members stated that they were unable to get the exchanges they requested or were promised when they joined the exchange group, they alledge that RCI had been renting out the weeks in the inventory to non members for profit. Members pay a fee to join and a yearly membership fee, they also pay for the exchanges, there is also a system of bonus weeks.

rcilogo

Bonus weeks are offered to members in order fill unused weeks in the inventory, these weeks are those that have not been booked, so are available to be used. Typically they will be offered as last minute deals, not unlike those offered by high street travel agents in order to clear remaining inventory. This in itself is good as it does allow the resorts to have a flow of guests as well as giving owners extra holidays.

 

The QC representing RCI Charles Graham, stated in his opening that the allegations of skimming were unfounded, because of the advantages of the “open exchange system”. RCI in a written statement stated that they were entitled to use members timeshares as they saw fit. Apparently this is due to a clause in the contract referred to as “ Permitted use”. Well I am not sure what this all means, so we will have to wait for the legal eagles to conclude their arguments.

 

If the members succeed in this case it may just open up the flood gate to more litigation, again this is another example of an industry being brought into disrepute. We have said it before, they only have themselves to blame, rather than look after the owners/members they seek only profit. We are not saying that making a profit is wrong, but at the expense of their own clients it does seem to be a tad unethical.

flood gate

Inside Timeshare will keep you up to date as the news comes in, so watch this space.

 

If you have any news or information about any company, or have had a problem and would like to share this with others, Inside Timeshare would like to hear from you. Contact us through the comments section and we will get back to you for further information. Inside Timeshare exists to keep you the owner’s informed and up to date. You will not get this information from your own timeshare companies, they want you to stay in the dark.

Bogus Calls and Money Awarded.

We have mentioned this item before, albeit briefly. It concerns calls from so called law firms and claims companies, the pitch is usually that a court case has been heard and assets have been seized, usually from companies that have taken money from you in the past.

 

These will range from resale scams, bogus Section 75 claims companies to fake law firms. These new companies are probably the same ones that took the money from you in the first place. Hence they know all the details.

 

If you have ever paid a company and they have disappeared, or even been closed down by the authorities, you would probably have been informed at the time. Especially if you reported it to the authorities yourself. The courts do not contract out to others to trace you. That is the job of the Courts and Police.

police

The way the scam works is very simple, you are informed by telephone or email that the court has awarded you ex amount. Usually more than you actually paid, this is the enticer. Quite often a second call from an official sounding body confirms this. You may be given a number to verify the information given, when you do call, it will be confirmed that this is the case and you have indeed been awarded the money.

(see link below)

 

http://insidetimeshare.com/fraud-warning/

 

Then comes the crunch.

 

In order for you to receive the amount stated, taxes will have to be paid, in advance, you may even receive via email an official looking form from the tax office. (Easily downloaded from the internet see pdf below). Now in order to get the tax you will also need a Spanish NIE number. This is called Numero de Identificación de Extranjero, or Foreigner’s Identification Number. It is a Spanish tax identification number issued to all foreigners. Now this is a stroke of luck, the company calling can also arrange this for you, obviously for a fee.

Spanish Tax Form

Now, you do not need this number unless you come under the following:

 

  • Open a bank account
  • Buying, selling or insuring a property
  • Arranging a mortgage or credit
  • Pay taxes
  • Being employed
  • Registering with employment agencies
  • Registering to study
  • Applying to start a business
  • Registering with social services, receiving social security benefits
  • Applying for a driving licence
  • Inheriting assets

 

You would not need it to receive any money due in compensation paid by a court plus there would not be any tax to pay.

 

For more information on NIE Numbers check the link below:

 

https://www.angloinfo.com/spain/how-to/page/spain-moving-residency-nie-number

 

These types of fraud are becoming ever more sophisticated, we have seen a great rise in recent times of this pitch. This is mainly due to the publicity of genuine court cases being won in Spain, the people use the fact that these cases are being shown in the news, which then convinces you they are indeed genuine.

 

Remember, the courts do not operate in this way, there are procedures they follow. If you are not aware that you are part of a case, then you probably are not. If you have never reported any loss of money to any type of scam, then you probably are not part of any case. There is only one way to claim any compensation and that is by going through the courts yourself with a genuine law firm.
If you receive any calls like this contact Inside Timeshare and we will check it out for you. This is what we do, research and research, giving you the tools to find out the truth. We are here to help you save your hard earned money.

CLA Making the News Again.

It looks like the lawyers at Canarian Legal Alliance are becoming quite the celebrities around Europe. Over the past month their legal battles with the timeshare industry have been attracting a lot of media attention.

 

The renowned Norwegian Business Magazine, Kapital, ran a lengthy article on the law firm, highlighting the Grimsbo v Anfi case. This has resulted in CLA gaining a much higher profile among Norwegian timeshare owners.

 

The following link will take you to the articles in Norwegian and an English translation.

CLA IN NORWAYS LEADING BUSINESS MAGAZINE

 

Recently El Diario, a Spanish national newspaper also ran an article on the Anfi cases and the Supreme Court judgements. These rulings appear to have caused quite a stir in Spain, probably because it has made legal history, as well as putting Spain at the forefront of protecting customers from the timeshare industry.

The following link shows the El Diario article.

eldiario

 

http://www.eldiario.es/canariasahora/economia/Anfi-timesharing-reclamaciones-clientes-anticipos-ventas-turismo_0_504650586.html

 

Another newspaper MaspalomasAhora (Maspalomas Today) also ran an article explaining the Supreme Court rulings. They also highlighted the number of cases that are ongoing and those in the process of being submitted. The amounts of money involved so far are quite staggering, with this being set to increase substantially.

 

Follow this link to view the article.masahora

 

http://www.canarianlegalalliance.com/maspalomas-ahora-highlights-cla-cases-anfi-group/

rdo-logotatoc logoholiday clubanfi logo

So it would look like all the information the RDO, TATOC, Holiday Club and ANFI have been putting out is false. These and other timeshare companies have been denying anything is wrong, that there are no court cases against them. The press around Europe seems to disagree with them. They have highlighted over the past year, many of the cases that this particular law firm has won, including all the Supreme Court Rulings. The industry is certainly feeling the pinch, but they only have themselves to blame, their past and ongoing greed is catching up with them.

 

Inside Timeshare will bring you the latest information as it is received. If you have any question regarding anything to do with timeshare, holiday clubs, resale, relinquishment or how to claim Inside Timeshare will give you the best advice possible. If we don´t know the answer we will find out.

A New Position For The Ex Enforcer of the RDO?

Further to the posts published on Inside Timeshare (16th March 2016) with regards to Alberto Garcia leaving Mindtimeshare and the RDO, it appears that the assumptions as to the reason may have been correct. In the end Alberto Garcia is indirectly to blame for the growth in the claims sector against timeshare. His posts attacking legitimate companies backfired, with many people realising he was defending the undefendable.

 

http://insidetimeshare.com/alberto-garcia-steps-down-as-director-of-mindtimeshare/

 

We know the industry has only itself to blame for its woes, but they employed him to act as “Spin Doctor”, now they are reaping the whirlwind. As we have seen with politics employing spin to hide the truth, it will always get you in the end.

spindoctor2

Further to this it appears that he has a new post with Holiday Club Finland. It is believed this new job involves ensuring OPC´s and sales staff  dissociate themselves with sending clients to the claims companies. Maybe even getting them to deny anything is going on, or that everything that is being sold is legal and above board.

 

We know that Calvin Lucock the CEO, sent out a letter to members stating that their contracts were legal and valid. It also stated that very few cases have been won and any litigation could cost the member heavily in fees to cover the cost of these companies defending themselves. More scare tactics!

 

http://insidetimeshare.com/holiday-club/

 

Is this another damage limitation exercise, designed to stop consumers from pursuing any action? After all if the RDO and these companies had taken notice of the regulations in the first place, consumers would not have the need to claim for misselling or misrepresentation. The EU Directives were put into place to protect both parties. Now we know that the RDO lobbied the EU heavily when these regulations were being discussed, but that was for the industries benefit not you the consumer.

 

Could it be Alberto Garcia is himself trying to repair the damage caused by his actions?

spindoctor3

 

Again time will tell, as we find out more it will be published here, informing you the owners of events as they happen. The truth will come out in the end, it always does!