Yesterday we published part 2 of our Timeshare Contracts: Held to Ransom articles, we began last week with Belton Woods Lodges and yesterday we looked at Diamonds “exit” policy, our next article will be looking at Club la Costa. Today however we look at another two cases to come out of the courts in Gran Canaria, these cases involve Holiday Club and Airtours. We also have an update on the new “claims & exit” company J Foster Associates and their rather wild and exaggerated claims. It certainly looks like desperation.
Earlier in the year a German client of Canarian Legal Alliance won his case at the Court of First Instance Number 4 of San Bartelomé de Tirajana against Holiday Club. In July the Court received the payment from Holiday Club for the amount the court awarded to the client.
The client has now received into his own bank account the 25,407€, so not only has the contract been declared null and void, but the client also has received his original purchase price plus double the deposit paid. As far as this particular client is concerned his journey is over and he is totally timeshare free.
So it is congratulations to the client and especially to the Lawyer Oscar Salvador Santana Gonzalez who prepared and conducted the case and also to Jasmin Erhard the Claims Consultant who helped this client through the case.
The next case is against Airtours and this is a very surprising case, again brought on behalf of a Norwegian client by Canarian Legal alliance.
What makes this case different from all the others is the time it has taken, CLA filed the case on 9 July 2020, within 2 months the case was heard with the sentence just being issued. It transpires that the Judge sitting at the Court of First Instance number 13 of Las Palmas decided that there was no need for a full trial and proceeded to deal with the case at the pre-trial stage.
This does appear to becoming a very common occurrence, with more and more judges deciding that full trials are no longer necessary. This can only be good news for clients with cases pending, let us just hope that more and more judges do the same.
In this case, the client has been awarded over 63,000€ plus legal interest and their contract has been declared null and void.
We now move to an update on the new “claims & exit” company J Foster Associates, we highlighted this company back in September (see link below).
As we stated in our previous article the company website was only registered in August, so it is only just 2 months old. We have also failed to find any company registration either in the UK or in Spain. We do know they are claiming to be operating out of Mallorca, one of the numbers is certainly +34 971 228 089 is for La Palma de Mallorca, but they also have this number +34 922 099 170 which is for Santa Cruz de Tenerife.
We have also been informed that they appear to be working with yet another company that we have highlighted in the past Claims Solutions Group of Aberfeldy along with a couple of others who we believe are Fullbrook Associates of Stirling and Meridian Associates of Tenerife.
We also know that these three companies are also working with another company we have highlighted, Carl James Associates, the articles below explain about them and it does not look good.
Now, J Foster Associates who have been actively cold calling mainly Silverpoint clients appear to have come up with a new story which they are using to create urgency for the clients to sign up with them. As one reader put it, “it was just like a timeshare presentation, expect you to sign after a 3-hour Zoom meeting”. Talk about pressure tactics.
Apparently, the caller from J Foster Associates tells the “potential” client (I prefer victim), that 5 of the Silverpoint properties are being sold to the Ona Group and here is the most laughable part, “all proceeds will be going to the Bob Trotta Foundation/Excel Hotels to discharge any debts and claims in Tenerife”.
Apparently, this is all agreed with Alvarez and Marsal who have taken over as administrators of Silverpoint, (this is not the same as the court-appointed administrator dealing with the liquidation). It has also been stated by JFA that all this has the blessings of the Spanish authorities and they are offering “a safety net underwriting any deficit”.
What a joke, the Spanish authorities are going to cover any deficit for debts and claims, they haven’t even got enough money to keep up the furlough payments let alone “bailout” a fraudulent timeshare company.
What we do know is that Ona Group is not purchasing the properties, they are a resort management company and it is they who may, just may be taking over the day to day management role from Excel.
In another attempt to coerce potential clients (victims) with the need for urgency, they are also using Brexit as a tool. According to J Foster Associates, there is a deadline of 31 December 2020 to register the claim with the Spanish courts as once the UK leaves the EU no UK clients will be able to take a case to the Spanish courts.
This is a good pitch for urgency but it is a total fabrication of the truth, it makes no difference if the UK is in the EU or not, they still have the protection of Spanish Timeshare law. Well, Inside Timeshare knows for a fact that there are Russian clients with cases in the Spanish courts and they are not part of the EU.
Once again, this is a stark reminder that not all you are told by these “cold calling claims & exit” companies is the truth, that you should always do your due diligence first.
REMEMBER, DO YOUR HOMEWORK!
If you have received any calls from this company or any other with these types of claims, please use our contact page and Inside Timeshare will get back to you.