Yesterday 23 May 2017, Canarian Legal Alliance announced another sentence passed from the Courts in Tenerife. The company in this instance is Diamond Resorts Tenerife SL, which was the sales company selling Diamond products in Tenerife.
In this judgement two contracts have been declared null & void, the first was a purchase in 2008 which came under the Spanish Timeshare Law 42/98. In this case it breached the law regarding the points system, which like floating weeks has no actual object to the contract.
The second contract was signed in 1998, so the timeshare law could not be applied, although the lawyers from CLA asked for the nullity by the civil code for the lack of object of the contract (points system).
There were also other infringements of the law which were:
- The contract was in perpetuity;
- There was a lack of information in the contract;
- The withdrawal period was missing along with various other points.
In this case the client has been awarded over 28,000€ plus legal interest.
PDF of Court Sentence. (click to open)
Another case they announced on 22 May, was that Holiday Club Finland (based in Gran Canaria) have been ordered to pay back the client over 36,000€ and the contract declared null & void.
Once again the Court of First Instance at Maspalomas, Gran Canaria, followed the Supreme Court rulings that deposits taken with the cooling off period illegal. In this instance the client had paid almost the whole amount within the 14 day period, the court ordered that to compensate the client the company had to pay back double the amount received.
As this article was being prepared, CLA announced another case from the Tenerife Courts, this was against that old adversary Silverpoint.
The judge in this instance found many infringements in the contract contrary to the timeshare law. Again the contract was declared null & void with the return of over 24,000€ plus legal interest.
It would seem that the lower courts are following what the Supreme Court has laid down to the letter and according to our information there are many cases still waiting to be heard.
Inside Timeshare also issues this warning, there are many firms being set up purporting to be lawyers, using these cases as a basis for duping the unsuspecting. Not every owner has a claim, with many of these dubious companies stating that they do, then all you end up doing is paying a fortune only to find the company then disappears.
If you want to know if you do have a legitimate claim contact Inside Timeshare we can check this for you. If you have been contacted by any company saying that you have a claim or that your timeshare company has been taken to court, found guilty and there is money waiting for you, then let us know before paying any money.
Be informed and stay safe, in the end you will save yourself thousands, as we always say:
Now for another article from across the great lake, once again Diamond are in the frame!
Another Polo Towers Diamond Misadventure!
Not Las Vegas Again!
By Neina Orrillo May 26, 2017
It’s hard to believe a fun trip to Las Vegas can turn into a financial disaster – all over a vacation plan! After reading David Franks article about his plunge into the abyss of an eternal timeshare sales presentation, I decided to tell my story too, hoping to warn others to beware of the bait! When Diamond Resorts says “STAY VACATIONED!” they mean it in a way not expected.
I ended up at Polo Towers in Las Vegas at the presentation because I was using a “Sampler” package I had previously purchased. My niece had a dance competition so we decided to use the timeshare to stay in Vegas with our family. Since the Sampler is a trial presentation I was told I had to attend a sales presentation.
We listened to a vacation plan that was out of this world. It sounded as if it was too good to be true. It was. I fell for it, but I know I am not alone thanks to our member sponsored Diamond Advocacy Group.
We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.
We signed up and we are living to regret it. Here is what Diamond sales agent, Janine Viraga, told us:
The timeshare would be tax deductible like mortgage interest, and the deal is so great if she wasn’t already an owner she would take the deal she was offering me.
We would receive a “free” trip but it turned out I had to pay $1000 before I could even book the trip!
I should and could easily get a personal loan like a home equity loan to refinance it to reduce the 14% Diamond interest rate.
The interest rate on what Diamond financed would be no higher than 13.99% when it turned out to be 15.99%.
When I said I wanted to take the offer back to my room and think about it, she told me that if I left before buying then she could not offer me the deal I was getting.
Here is what timeshare buyers should know that I didn’t know:
Know your cancellation period. I was never told of the 5 day cancellation policy.
I didn’t have the money for a down payment so she “talked to her manager” who decided they could put the down payment on the Diamond Barclaycard credit card and finance the rest so double interest charges.
Go to complaint sites and Advocacy sites like our Diamond member sponsored Advocacy Facebook before you buy to see how many complaints there are relative to other timeshare companies. Most car shoppers and home buyers don’t buy the first car or house they see. They comparison shop.
Learn about availability issues. I have a hard time using the timeshare because everything is always booked. I am a nurse anesthetist, so I am not retired and cannot travel as spontaneously as someone who is retired.
We ended up buying 7,500 points for $29,305 and the balance on our loan is financed at 15.99%. Through our Advocacy Group I learned Diamond is the only major timeshare company that can’t be listed with a member of the Licensed Timeshare Resale Broker Association because the 64 members feel the restrictions Diamond places on the use of points purchased on the secondary market is more restrictive than any of Diamond’s major competitors.
When I contacted Diamond’s Advocacy Department after filing a formal complaint I was told, “Well, you signed the contract.”
I realize now I have joined a growing list of timeshare consumers who know we were sold by deceit, concealment, violation of trust and “bait and switch”.
It’s time timeshare members organize to stop predatory and aggressive timeshare sales and lending.
Consumers need to do their homework and don’t sign anything on the same day!
Thank you Neina for your contribution, your voice has been added to all the others.
As we were about to publish this last piece of news just arrived.
Your voices are being heard, some of these companies are taking notice. One voice is never heard, but coming together they get louder and stronger.
To those owners at Los Claveles, take heart from this, your voices will be heard above the lies, deceit and bullying of the Ona Group. You have many supporters, all it takes is them coming together.