More News from the Supreme Court.

The latest news from those intrepid lawyers at Canarian Legal Alliance is again hitting the papers. El Diario has published the news of two Supreme Court sentences, these are against Puerto Calma Holiday Club Finland and Tasolan SL at Palm Oasis.

 

The ruling against Puerto Calma was made for breaches in the selling of fractional ownership, the court ruled that this was not property as indicated by the sales division, but was indeed timeshare. It also upheld previous rulings that contracts over 50 years are illegal. In this case the client received a tremendous award, £235,542 plus legal fees and interest.

 

As for the Palm Oasis ruling, again it was the over 50 years contract, as yet no indication of amounts awarded have been published. These ruling are becoming a regular almost weekly event, going to show that the laws will be enforced, and the decisions made by the Supreme Court will stand.

 

http://www.eldiario.es/canariasahora/tribunales/sentencias-Supremo-timesharing-Gran-Canaria_0_562744176.html

 

In another article on their website, CLA have told the story of Mr & Mrs Grant. Their case went to the Supreme Court in July, their Anfi contract was declared null & void as per the over 50 years ruling. Mr & Mrs Grant took time out from their holiday to visit the CLA offices and personally thanked the team for all their hard work and efforts. This must have been appreciated by the members of the CLA team, who must have also had great big smiles like the Grants in the photograph.

 

News was also published on 22 September that another Supreme Court ruling had been made, once more this was against Anfi. The court again upheld previous rulings that contracts over 50 years are illegal. So another UK family have had their contract declared null & void, with an award of £31,548 including legal fees and interest being made.

 

Once again congratulations to the legal team and to all the families who have been victorious, to those waiting for their cases, be patient, the law and the courts are on your side.

 

If you have any questions about this or any other article, contact Inside Timeshare and we will be pleased to help.

 

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

 

http://www.canarianlegalalliance.com/anfi-supreme-court-21/

 

Latest News: Massive Victory for CLA Clients.

It has just been announced the Supreme Court has made a significant ruling against Puerto Calma, Holiday Club Finland.

 

Clients of the law firm Canarian Legal Alliance have been awarded a staggering £235,542 plus interest and legal fees. The contract was also declared null and void.

 

According to CLA, their clients knew they were purchasing a timeshare, but Puerto Calma tried to disguise this by stating they were buying a share of the property. This is commonly known as Fractional ownership, which apparently comes under timeshare law not real estate. The contract was signed before a notary in order to improve credibility, but the Supreme Court has stated that this is timeshare and therefore comes under the timeshare laws as laid out in Spain.

 

This will have a significant impact on other timeshare companies who sell Fractional ownership. In fact the First National Trust Company, who are the trustees for the Club la Costa Fractional Property Owners Club, did state in 2012 that Fractional should not be sold as an investment, which would suggest that even they believe it comes under timeshare laws. This ruling would seem to verify that position. (see following links)

 

http://insidetimeshare.com/fractional-what-is-it/

 

http://clcmembers.blogspot.com.es/

 

It was also announces on 19 September, that CLA had a victory at the High Court No3 in Tenerife against Silverpoint / Resort Properties. Their client this time was awarded £16,722 plus legal interest with the contract being declared null and void.

 

In this case the court followed the rulings of earlier Supreme Court decisions that contracts in perpetuity are illegal. Again this show the significance of the influence the Supreme Court is having on the lower courts.

 

So it would seem that Canarian Legal Alliance is going from strength to strength, achieving victories on an almost daily basis. The tenacity of the lawyers is certainly paying off, So congratulations the legal team and their respective clients.

champagne

If you require any information regarding this or any timeshare matter, please contact Inside Timeshare and we will point you in the right direction.

CLA Supreme court success against Puerto Calma ( Holiday Club )

 

Diamond Owners Receive Text Messages, But From Who?

Recently many Diamond owners have been receiving a text message sent from a UK mobile number,  07740588468. This number is an O2 UK, and according to checks made in the UK it may be a “burner phone”, this means it is untraceable. It is linked to a facebook page https://www.facebook.com/mrpea.jonathan?hc_location=ufi

 

This page shows no information at all, no details in the about section and no posts. The text message that has been received is as follows:

 

Hi Mr & Mrs XXXXXXX

It’s Jonathan here, I work on behalf of a specialist litigations team here in the UK and We are in the process of tracing clients who have had dealings with various Holiday Ownership companies.

It is important to say that we do not buy or sell any type of holiday ownership.

The reason for this message is due to the recent changes in the Law many contracts signed with such companies are now illegal, therefore making them null and void, This means you may well be able to claim back the full purchase price of what you own.

Do you still own anything such as timeshare or holiday ownership??

Did you purchase or upgrade in Spain after January 1999??

Have you switched to Fractional Ownership??

Due to rulings by Supreme Court the law has been Strengthened to protect YOU the consumer.

If you made any payment for your ownership within the 14 day cooling off period or even had a finance agreement arranged by the sales staff on the day you signed the contract, this will make the contract illegal and you are entitled to have them cancelled and get your money back.

Other changes are if the contract is in perpetuity or a period of more than 50 years, this also entitles you to a claim.

Another change in law is that points or floating week’s systems have also been declared illegal, as you are not guaranteed availability in the same way as the fixed week system.

Do you own with Diamond resorts who have just announced yet another take over, are you worried about man fee increases again?

Do you fall into any one of these categories?

If so just reply back “YES” and myself or another advisor will be glad to contact you with some advice regarding your situation and how we proceed to make a claim and put you on the right track to getting all your money back.

Kind Regards

Jonathan

 

This information has been circulating on the Diamond Resorts International Members facebook group, with many comments from owners who have received it. It is believed that this may be ex-Diamond employees who have the Diamond members data. One owner has been in touch with their resort, Sahara Sunset, who have stated that it is more than likely to be a scam, also confirming that it may be ex-employees who have stolen the data base.

 

There is no mention of any company within the text or facebook page, so Diamond owners should be very wary about answering the text message.

 

Although the information in the text is correct in regards to the rulings by the Supreme Court in Madrid, with contracts made after 5 January 1999 which could possibly fall into the realms of being declared null & void, along with the possibility of claiming back the purchase price. Inside Timeshare urges caution.

be careful

If you you require any information regarding this subject or have any information which may be of use to others, contact Inside Timeshare and we will publish it.