Welcome to the end of another week with Inside Timeshare, today we have a roundup of this week’s articles, news from the courts and a rather interesting item which Diamond Resorts Owners Advocacy Facebook page posted. It has been a rather busy week with some new “claims” companies and “law firms” making an appearance. It also looks as though the law firm Canarian Legal Alliance has had some great results for their clients this week.
First, we begin with yet another “fake” law firm to rear its ugly head in an attempt to lure timeshare owners into paying thousands for non-existent claims and lawsuits.
On Monday we published information on Suarez and Simpson, supposedly based in Málaga and targeting ex-Club Class members. The wonderful news is their claim has now been settled by the Málaga courts with His Honorable High Judge Dr Jose Mario Savantes presiding.
Not bad considering there is no record of this “law firm” or any cases against Club Class, it is also a fact that their website was only registered on 30 June 2020 and is registered for only 1 year. Yet, they show several “wonderful” testimonials from very grateful clients!
This “fake” law firm can also be linked to another highlighted over the past weeks, Morales Maxwell. The reason we believe they are linked is the Modus Operandi, the documents they produce and also they name the same Judge, His Honorable High Judge Dr Jose Mario Savantes.
It has also been pointed out by the TCA that both websites appear to have been cloned from a genuine law firm called Carbray Abogados, this law firm was founded in Barcelona in 2007 by Damián Carmona and is duly registered as a company with CIF: B65367575.
We then identified yet another new cold calling “claims” company operating out of Tenerife, Demi-Guni SL. Again, the website was only registered on 13 May 2020 and is registered for only 1 year due to expire on 13 May 2021.
As we stated in our articles, could this be another “fake” claims company or could they actually be genuine and just jumping on the bandwagon? With the website only just having been registered and for only 1 year, does not instil any confidence.
We now move on to the latest results from the courts with news from Canarian Legal Alliance.
On Monday 20 July, the High Court of Las Palmas, Gran Canaria, dismissed another two appeals by Anfi against rulings made by the Court of First Instance, San Bartelomé de Tirajana. Once again the High Court fully endorsed the rulings that the contracts were illegal confirming them to be null and void.
The clients are now set to receive over 87,000€ plus legal interest.
On Tuesday 21 July, another Danish client was awarded over 17,000€ with their contract being declared null and void.
This case was against Holiday Club Canarias Sales and Marketing SLU and took just 8 months from the case being presented and the court declaring the contract null and void, ordering Holiday Club Puerto Calma to repay the money.
The interesting point is there was no appeal, no delaying tactics and within 4 months of the case the money has now been deposited into the accounts of the CLA Barristers ready to be paid out to the client. A very speedy result indeed.
On the same day from the Courts of First Instance of SBT, another two Anfi clients had their contracts declared null and void with Anfi being ordered to repay in full their purchase price including legal interest.
The Lawyers of the CLA Execution of Sentence Team have already filed a provisional order of execution in order to stop Anfi from “redistributing” funds in order to avoid payment. It is expected that Anfi will appeal this sentence as they use this tactic to delay paying. Although it is their right to lodge an appeal, given the attitude of the High Court it is more than likely the High Court will once again dismiss the appeals and confirm the sentence of the First Court.
The following day 22 July, it was the turn of Silverpoint Vacations SL to have their appeal at the High Court of Santa Cruz de Tenerife dismissed. The High Court upheld the decision of the Court of First Instance of Arona that the contracts were null and void and the repayment of over 17,000€ plus legal interest to the English Client. CLA will now submit the case to the Mercantile Court for the recovery of the funds.
Yesterday, 23 July, in another case at the Court of First Instance of SBT, another Anfi client had their contract declared null and void with the court ordering the repayment of 32,473€, which includes double the amount of the deposit paid within the statutory 14 days cooling-off period. They have also
They have also been awarded legal interests and their legal costs which will increase the amount they will receive, with yet another provisional execution order being prepared. No doubt we will see Anfi lodging yet another frivolous appeal in order to delay payment.
The client was assisted by the Claims Consultant Michael Gadman with the Lawyers Eva Gutierrez and Aroa Farray Martin preparing and presenting the case.
Once again this is good news for clients who are waiting for their own cases to be heard.
The Diamond Resorts Owners Advocacy Facebook page posted an article from the Washington Post published in October 2019, this article reported on the losses his organisation made on their two golf courses located in Scotland during 2018. It also mentions the case which President Trump (Mr Trump at the time) brought against the Scottish Government over plans to construct a wind farm off the coast of Aberdeen, which is where his golf courses are located.
The Trump organisation lost that case and was ordered to repay over £200,000 in court costs to the Scottish Government. The Trump Organisation refused to pay it and as far as we are aware this still has not been paid.
This, unfortunately, is to the cost of the Scottish taxpayer, in our mind, this is not right and this should be paid. The sad thing is it seems to have been forgotten but Inside Timeshare publishes these following links so you the reader can see the full story.
The Washington Post
Quartz (qz.com) 2018
The Guardian 2019
The Independent 2019
Well, that is all for this week, we hope that you all have a great and safe weekend. Do join us again next week for more on the murky world of timeshare and please remember
DO YOUR HOMEWORK BEFORE ENGAGING WITH ANY COMPANY!