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Canarian Legal Alliance

Start the Week: Silverpoint Liquidation Update

Welcome to Monday morning and the start of another week with Inside Timeshare, today we have a look at the latest developments in the Liquidation of Silverpoint. Many people seem to believe that this is just a simple procedure, wind down the company, secure the assets for creditors and that is it, unfortunately, when it comes to timeshare and Silverpoint in particular this is not the case as you will see. By the nature of the company setup, this is one very complex case.

One of the main law firms which are deeply involved in the liquidation procedure is Canarian Legal Alliance, they have been at the forefront of the moves by the authorities to investigate the dealings of the myriad group of companies of which Silverpoint is part, The Limora Group.

Two of the CLA lawyers behind the investigations.

In their update to clients, CLA explains they have requested through the Mercantile Court, the “accumulation” of the procedures against Silverpoint, along with one called Oasis Investments SA, the former owners of The Paramount. This would mean that both liquidation procedures are joined, so far no reply to this request has been received from the court.

If this procedure is approved, CLA would then request that the actual Paramount building be reintegrated with Silverpoint which would raise the assets of the companies. The lawyers have also joined other actions requested by the Court Appointed Administrator where they have asked for Excel to return some of the assets. These were initially acquired in an operation which the lawyers at CLA classified as fraud.

Details of CLA’s March update on this can be found at the link below.

It was also reported that the Court Appointed Administrator and Excel asked for a suspension of hearings due to a possible agreement between the parties. This agreement establishes a reintegration of eleven thousand timeshare weeks, increasing the companies value. In exchange, there will be a recognition of debt in Excels favour of seven million euros.

The lawyers representing their clients have naturally opposed this agreement in part. They have accepted the reintegration of the weeks as it is in their clients best interests due to the increased value of the company. However, they do not agree with the recognition of any debts to excel as they do not believe them to be justified.

It will now be down to a Judge to study all the arguments presented and then base his decision on the facts.

The CLA Lawyers have also requested information on the criminal procedure as this appears to have gone a little cold recently. They have also made a request to the court to carry out the gathering of evidence, such as the interrogation of key staff, their legal advisors and also the Court Appointed Administrator, who should after all this time have a very good grasp on the Limora Group/Silverpoint set up.

As we stated in our opening, this is one of the most complicated liquidations which the courts have had to deal with. The whole Limora Group set-up was designed to divert money worldwide, using methods such as “inter-company loans”, one of the reasons behind the current liquidations. All this was expertly achieved by Kwang Boon Sim, the financial guru of the late Robert “Bob” Trotta, the full story can be read at the following link.

The late Robert “Bob” Trotta & Kwang Boon Sim the Financial Guru

https://insidetimeshare.com/?s=Exclusive+Breaking+News%3A+The+Truth+Behind+Silverpoint+Exposed

There is a lot more going on than we are able to publish here, as and when it becomes public knowledge it will appear on these pages. In the meantime we must issue a warning, as you can see from this article, the liquidation process is complex and is going to be long and drawn out, so beware of the “cold callers” who will claim they have a “fast track” procedure to help you. Timing is down to the courts and the completion of any investigations, no law firm, lawyer or any other person can have any influence on the process, not even god.

Would you like to know where you stand with your timeshare contract, is it illegal, how can I end the contract, do I have a valid and viable claim?

If you would like to know more and what options are open to you, please use our contact page and Inside Timeshare will get back to you. 

End the Week: Court Round-Up

Well, it’s Friday again and the end of another week with Inside Timeshare. We finish with a quick round-up of the latest court news, once again this news would not be complete without the appearance of our old friends at Anfi and in contrast, there is some news about Marriott. There is also some news regarding the various administrations of companies being conducted at the Mercantile Courts, more on this next week once clients have been informed.

The week began with yet another appeal at the High Court Number 5 of Las Palmas, where the judges confirmed both of the Norwegian client’s contracts with Anfi are null & void. This also confirmed the original ruling by the Court of First Instance that included the 69,105€ for the original purchase, along with a further 53,656€ in respect of illegally taken deposits.

The High Court also confirmed the payment of legal interest and legal fees.

This was followed the next day with another Norwegian client having their First Instance victory confirmed by the High Court.

The original judgement declared the contract null & void, the repayment of 44,371€ plus legal interest and legal costs. The total included the 17,316€ which is double the amount taken illegally as a deposit.

Anfi as usual was not satisfied with the judgement of the court and again launched another frivolous appeal. Every case we see coming out of the appeal court is a defeat against Anfi, so given the situation they are in, why are they wasting so much money with these appeals?

Moving now to a completely different attitude, on 4 October 2021, The Court of First Instance Number 3 of Marbella, issued their verdict in the case of a German client against MVCI Management and MVCI Holidays.

The court ordered the contract null & void plus the repayment to the client of 25,688€. Just three weeks later, Marriott has deposited the funds with the court and the client will soon receive this into their own account.

What a difference to Anfi!

Another sentence against Marriott has been issued by the Court of First Instance Number 7 of Marbella, in favour of another German client.

Along with the contract being declared null & void, the court awarded the client to be repaid by Marriott 24,571 plus legal Interest. No doubt we shall be reporting on this case in a few weeks if Marriott keeps up with their practice of paying without enforcement proceedings.

These cases were prepared and the clients represented in court by the Lawyers of Canarian Legal Alliance.

That is all for this week, for the time being Inside Timeshare will only be publishing a few articles each week, if anything of importance comes up it will be published.

Have a great weekend and join us again next week.

End the Week: Another Fake Law Firm and Court News

Welcome to the end of another week with Inside Timeshare, even though we are not publishing as often as we would like due to personal reasons, the timeshare world continues to move on. Once again another “FAKE” law firm has appeared, this time they claim to be based in Barcelona. We also bring you the latest news from the courts with more defeats for Anfi in the High Court with awards totalling over 200,000€.

We begin with a warning of the latest “FAKE” law firm to materialise, Servicios Legales Barcelona. Not a name that can be checked easily on the internet, the reason is that many law firms in Spain use the term “Servicios Legales” in their advertising and websites.

The Home Page of their website, only a link to send an email.

https://servicioslegalesbarcelona.com/

When making a search the list is almost endless with the first main entries being “Ver Empresas Servicios Legales en Barcelona” and “Empresas de Servicios Legales en Barcelona”, which both translate as: “See Legal Services Companies in Barcelona” and “Legal Services Companies in Barcelona”. These are lists of Bona Fide law firms, in none of these lists do we find a law firm called  “Servicios Legales Barcelona” That fact alone gives cause for concern.

This particular “fake law firm” is using a similar method to convince you the potential victim to pay up.

Grupo Logra, which we highlighted at the end of October, is using a non-existent Official Brexit Form to convince you to pay, (link below). This lot is using what they call The Value Proceed Document, another “official” form that does not exist.

https://insidetimeshare.com/the-litigious-abogados-family-strike-again/

Along with this “official form” is sent an invoice, supposedly from the court, but when you actually see it you can tell it is just a fake and probably a word template. See PDF below courtesy of the TCA.

The amount is £2,450, the invoice does not actually state what this payment is for, which must be paid in “Sterling”, but we suspect it is for “The Value Proceed Document”. The biggest problem is where and who the money has to be transferred.

Now considering that the “invoice” is from a Spanish Court, why is the bank account one with the Royal Bank of Scotland, with the account holder being one Patrick Gaughan?

A Spanish Court with a Scottish bank account in the name of a private individual who does not even have a Spanish name, come on, if that alone does not set your alarm bells ringing, what will?

Once again, this highlights how very careful and meticulous you must be before engaging with any company, especially in timeshare, that cold calls you with news of winning a court case of which you had no knowledge, or, that a court has awarded you as a “victim of fraud” a significant amount of money.

If you receive a call out of the blue with any news such as this then please do your homework first. If you require any help in determining the authenticity of the call, then please use our contact page and let us know.

Moving on to the High Court of Las Palmas, Gran Canaria, another three appeals by Anfi have been once again dismissed and rejected by the High Court Judges.

All three cases were originally heard at the Courts of First Instance of San Bartolomé de Tirajana, where the courts ruled the contracts null and void plus the return of the full purchase price.

The first case was also appealed by the client’s lawyers as the initial ruling did not take into account the payment of double any payments made illegally during the statutory cooling-off period. In this case, the appeal judges ruled a further payment of 15,861€ in respect of illegally paid deposits. This brought the clients total payment to 40,016€ plus legal interest and costs.

The second appeal which was dismissed and the original sentence endorsed, the clients were awarded 72,000€ plus a further 40,155€ for illegally taken deposits. This brings the total award to 112,115€ plus legal interest and costs.

In the third case, the original sentence ordered Anfi to repay the client 65,963€ plus legal interest and costs. This amount included double the amount taken as an illegal deposit, which came to 28,000€.

The three clients who hail from England, Norway and Germany respectively, will now have their cases filed with the Mercantile Court to be added to the growing list of creditors. These cases were prepared and executed by Lawyers of Canarian Legal Alliance, the proverbial pain in Anfi’s backside.

The Anfi Resort, the dream of Bjorn Lyng

It should also be pointed out, the one thing we have noticed is the amounts paid by our Norwegian friends for their “membership” to Anfi, they do seem to have paid and purchased more than others. We suspect this is due to the “loyalty and trust” given to Anfi by the Norwegians because of Bjorn Lyng. A trust that has been well and truly destroyed by the controlling group of Sanatana Cazorla.

If you purchased a timeshare membership in Spain since January 1999, you may have an illegal contract, if you would like confirmation if this is so and what your legal rights are, please use our contact page and inside Timeshare will get back to you.

That is all for this week, have a great weekend and remember beware the cold callers and do your “HOMEWORK” first.