End the Week

Yes, it is Friday and the end to yet another busy week in the world of timeshare, it has also been a costly one for some of the timeshare companies. Also going by the many emails Inside Timeshare has been receiving it may also have been a costly one for some owners/members who have been on the receiving end of the many “scams” and “fake” law firms out to get your money.

On Monday we highlighted yet another new “claims” company using the name Refund Solutions, which as we reported is actually the trading name of a genuine claims company called Rightpath Insurance Claims Ltd. Inside Timeshare contacted this company and was told categorically that they had no dealings or interest in Timeshare. They are a specialised claims company dealing with travel insurance claims such as cancelled flights.

Once again we see the “scammers” using the name of a genuine reputable company to give them credibility when consumers try to check on them. This does reinforce the fact that your “homework” needs to be very thorough indeed.

We also once again highlighted Solutions SL from Tenerife and their attempt to deprive timeshare owners/members of their cash. In this article, according to Solutions, they have just won a momentous case against Incentive Leisure, Personal Travel Group, DWVC and their directors. Well, this is really fantastic considering the companies went after the death of Gary Leigh, so the question is who was in court?

In the “fake” court document (above) there are the names of around 67 people, several of them readers of Inside Timeshare who had no dealings with the above companies. Yet all those named have been “awarded” 32.000€, but to get this they have to pay 3000€ each, that is a staggering 201,000€!

Have you ever thought you are in the wrong job!

We now move to genuine news from the courts, the first is yet another case against Anfi Sales SL and Anfi Resorts SL. in a similar case to the one we highlighted last week, the High Court in Las Palmas overruled another Court of First Instance judgement, this again involved contracts sold after the timeshare laws came into effect on 5 January 1999.

The case was brought before the Court of First Instance where Anfi declared that the contract was legal as it fell within the “two year” period of grace. The judge agreed and the case was found in favour of Anfi.

The lawyers of Canarian Legal Alliance did not agree and subsequently lodged an appeal with the High Court. The Judge once again ruled that the contracts were illegal and that the 2 year period of grace was not intended for the continued selling of contracts which contravened the new laws.

The High Court Number 2 also ruled yet again that any payments made within the statutory cooling-off period must be paid back double, this amounts penalizing Anfi for the breach of the law.

In this case, the client UK client will now receive over 26,000€, with the court also ruling that the client receives back the costs of the First Instance Court and for the appeal be returned to the client including legal interest.

During the week we also received the news of yet another cash payout of over 45,000€ by Anfi. This is a result of yet another “enforcement action” by the Provisional Enforcement and Execution Team at CLA, headed by Judith Diaz Pascual and Cristina Batista

This morning the news came in of a case heard in the Court of First Instance of Palma de Mallorca, this case involves Restotels SA which is part of the Ona Group.

Once again the court has declared the contract null and void and awarded the UK client 31,449.60€. The court also penalized Restotel SA for the taking of illegal deposits within the statutory cooling-off period to the value of 40,320€.

The case was brought on behalf of the client by the Canarian Legal Alliance lawyers Miguel Ángel Melián Santana and Óscar Salvador Santana González.

So it is a big congratulations to the happy clients who are now ex-timeshare owners and to the lawyers and legal team at CLA.

As a side note, Restotel SA is a part of Ona Group who have recently purchased Excel Hotels and Resorts SA. This company was part of the Bob Trotta timeshare empire and was closely linked to Silverpoint who as we know have many claims in court against them. We have also reported that there is an investigation in progress regarding the many irregularities in the internal trading between Silverpoint and other companies in the Trotta group.

That is all for this week it now just leaves us to remind all our readers to ensure that you do your homework when contacted by any company giving you great news regarding your timeshare.

Have a great weekend and join us again next week for more insights into the scams and murky world of timeshare.


3 Comments

  • Terry & Pauline Clark

    February 28, 2020

    I have been following your reporting for some while.
    I perked up when you mentioned Restotel and the Ona Group and their links with other entities which are to subject to legal challenges.
    We were unfortunate in 2013 to have a holiday in Cala Pi, Portugal, where we were talked into investing in a Restotel scheme for Euro 26,180.40 plus the “surrender” of our long held Timeshare in Club Praira d’Ora.
    The agreement was that they acquired our CPO timeshare and relieved us of all our fincial obligations to that company/entity. It didnt happen of course and we continued to receive demands for Maintenance payments. We have ignored those demands but fear CPO may be waiting until they build up to a large enough figure to make a legal claim.
    In the meantime we paid, for some years, the “Maintenance payments” to the Ona Group which “entitled” us to surrender our weeks for them to rent out and then pay the rents to us at the end of the 2nd year onwards. We “surrended” years 2014 and 2015 for a discount of Euro 6,399.60 of the purchase price. At the presentations it was estimated that the Rental Income would be about £5,000 pa, which would more than cover our annual cost. It never happened. We received a very small payment for one year but there were excuses for the other years for non payment.
    We now owe a couple of year’s of Maintenance payments totalling about £1,000.00. I have fielded various “friendly” phone calls pursuing the debt and the fact we are not part of the “Rental Program”.
    The deposit of Euro 2,575.20 on the purchase price was paid by credit card and the balance of Euro 23,605.20 by bank transfer. We have not used any timeshare benefits which may attach to this scheme. We are now 79 and 85 years old and do not want the hassle and we will never have any benefit.
    We would be interested if there are any successful moves by others to recoup this loss of capital.
    Terry and Pauline Clark, (UK residents).

    Reply
    • thomas dobson

      June 10, 2021

      Mike june 2021
      For what its worth ,My wife and i signed a Restotel contract in Cala Pi “Majorca” back in 2011.
      The presentations given by PIETRO GRIFFITHS, who seems to go under the name CAMPO,were all lies,and these presentations were supported by certain so called HAPPY members at the time.
      I was informed in 2020 by Mrs Anne Fakourey “RESTOTEL” was going into liquidation,and i had to book any holidays direct to Ona vacation club.

      Reply
  • Bill

    February 28, 2020

    Thanks to all @ insidetimeshare and all related sites. Being a victim of domestic terrorism, I mean TimeShare scams,I look FWD to more US related content.

    Reply

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