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Club la Costa

End the Week: Courts Roundup

It’s the end of another week and in Spain, the lockdown is beginning to ease with more people returning to work and most importantly the courts. At the moment they are not holding any trials although the judges are working where no witnesses are required to be present. Today we bring you some of the sentences which the judges have now issued for trials that took place before the closedown. We start with a very important decision from the courts in Fuengirola.

Over the years many of the timeshare companies such as Club la Costa, Diamond and MacDonald Resorts have tried to get around Spanish timeshare legislation and in the past, they have succeeded.

These companies have used on their contracts UK Limited companies with the clause arguing they are subject to UK law and the Jurisdiction of UK courts. Unfortunately, many judges for whatever reason have agreed and have refused to accept cases. But over the past few years or so, Canarian Legal Alliance has fought these moves and as we reported in the article below the Supreme Court rejected an appeal by CLC against a Malaga High Court decision that they did come under Spanish law and jurisdiction.

https://insidetimeshare.com/http-insidetimeshare-com-p5128/

Now it is the turn for Diamond Resorts (Europe) Ltd, The Court of First Instance Number 1 in Fuengirola has ruled that despite the claims of Diamond Resorts, Spanish law and courts do have jurisdiction.

In the ruling from the court, the documents (see PDF below), show very clearly the precedents set by the Club la Costa cases, with the various rulings being cited. It is now clear to all, that if the timeshare is purchased in Spain then the consumer is protected by Spanish Law. This opens the gates for many timeshare owners who previously did not have a case in Spain due to the clauses in the contract of jurisdiction. Do remember that Spain has the toughest timeshare laws in Europe, the UK, however, is lacking very far behind.

The case was brought by Miguel Ángel Melián Santana (Abogado) and Francisco Cornelia Montesdeoca Quesada (Procurador) of Canarian Legal Alliance.


Miguel Ángel Melián Santana

On Monday 1 June, the High Court Number 3 in Tenerife (this is the appeal court), declared a UK client’s Silverpoint contract null & void with the return of over 60,000€ plus legal fees and legal interest.

The claim is now being registered with the Mercantile Court making the client a “creditor” as well as being handed over to the Enforcement Team of CLA to secure the funds through property embargoes of the Limora Group. Along with this further embargoes are being sought against assets held by the ex-managing director of Silverpoint. From these proceedings, it is clear that CLA is doing whatever it takes to ensure their clients receive their lawful payments.

The lawyers in this case were Miguel Ángel Melián Santana and Óscar Salvador Santana González.


Óscar Salvador Santana González

The following day was not a good one for Anfi Sales SL and Anfi Resorts SL, the case was heard at the Court of First Instance of San Bartolomé de Tirajana, Gran Canaria. Ths court ruled that 4 contracts be declared null and void with the client to be returned over 15,000€ plus legal fees and legal interest.

The lawyer conducting the case was Adrián Diaz-Saavedra Morales of CLA.


Adrián Diaz-Saavedra Morales

On Wednesday the High Court Number 5 the appeal court of Las Palmas GC, confirmed the original ruling made at the Court of First Instance against Anfi, yet again.

The contract was declared null and void with the court awarding 152,345.38€ plus by way of a fine a further 26,743.68 for the illegal taking of payments during the statutory cooling-off period. This happy German client is now timeshare free and 179,088.68€ better off.

This client was assisted in the claim by the senior German Consultant Jasmin Erhard and the lawyer Eva Guttiérrez.


Eva Guttiérrez

This morning another German client of CLA has just received their sentence from the courts in Fuengirola against Club la Costa. The court declared the contract null and void and awarded the client 10,100.85€ plus 15,782.03€ by way of a fine for the illegal taking of deposits within the cooling-off period giving a total of 25,882.88€

The client was assisted once again by Jasmin Erhard with Óscar Salvador Santana González who was in charge of the case.


Jasmin Erhard

So it is congratulations to the happy clients and a very big well done to the team at Canarian Legal Alliance.

That is all for this week, hopefully Inside Timeshare will be running back to normal next week, in the meantime have a great weekend and stay safe.

MacDonalds Instigate Court Action against Mrs B and her Sister

Today Inside Timeshare once again highlights the plight of Mrs B and her sister in their battle against MacDonald Hotels and Resorts. As many of our regular readers will remember our story begins in 2015, when Mrs B employed the services of ITRA to extricate them from two timeshares, Oasis Lanz in Lanzarote and Dona Lola Club owned by MacDonalds on the Costa del Sol. These timeshares were duly transferred to a named person, with notarised documents showing this to be the case. As far as Oasis Lanz is concerned there has been no problem, they accepted the transfer, this cannot be said of MacDonalds.

Now MacDonalds has engaged the services of a law firm who has instigated legal proceedings in the County Court to claim “arrears” for a timeshare that Mrs B and her sister no longer legally own.

The claim is for £6328.18, court fees of £410, legal representatives costs £80, a total of £6818.18 before any interest is added.

The law firm engaged by MacDonalds is:

Shepherd and Wedderburn LLP

Condor House 10 St Pauls Churchyard London EC4M 8AL

Shepherd & Wedderburn have offices in Edinburgh, London, Glasgow, Aberdeen, Singapore and Dublin.

The timeshare was purchased in 2000, while they were on holiday in Spain, after over 4 hours on the presentation they purchased two weeks in a 3 bedroom apartment at a cost of around £7000. At the time they were both in their 70’s and 60’s, now they are in their 90’s.

At this point, we must remind you our readers that the new Spanish Timeshare Law 42/98 had come into force, this made any contract over 50 years (perpetuity) illegal which is what their contract was. They were also as usual told that they were purchasing “property” and that it was an “investment”. As we all know this is totally false.

It should also be noted that MacDonald Hotels and Resorts did transfer all fixed week owners to their own points system, including Mrs B without their permission, which as we know Harry Taylor of the now-defunct TATOC wholeheartedly endorsed. The points system is also illegal under Spanish law.

They did use the timeshare for the first few years, then due to illness they were no longer able to travel, but they continued to pay the maintenance even though they were unable to use the timeshare. They paid this for over 10 years without fail.

After several attempts to sell the timeshare through the resort which came to nothing, they employed the services of ITRA at a cost of over £5000 in 2015.

Eventually, they received from ITRA documents to show the two timeshares had been transferred to a third party, his name address and passport details were also on the documents. After checking the electoral register it was found that this person did indeed exist at the address given.

Oasis Lanz accepted this and they have never received any demands for any maintenance fees. The same cannot be said for MacDonalds.

According to MacDonalds, they do not recognise the “sale or transfer” to the person named, that no member can “sell or transfer” their timeshare without going through MacDonalds. In other words, they hold the “monopoly” on the timeshares with no method of getting out.

Inside Timeshare has copies of all the documents showing the transaction and they are duly notarised by a registered notary in Spain and conform to Spanish law.

Since 2015, MacDonalds have been “threatening” legal action against two old and frail ladies who are also housebound, with Mrs B’s sister who is now very ill, are now making good their threats and issued court documents prior to court action.

The law firm Shepherd and Wedderburn LLP are now the instrument of the MacDonalds bullying tactics and in the opinion of Inside Timeshare are not worthy of being called lawyers. Obviously they are only interested in receiving the substantial payments from this despicable and unethical firm headed by none other than Donald MacDonald himself.

The Highest Court in Spain, Tribunal Supremo

MacDonald Hotels maintain that their contracts are subject to Scottish law and the jurisdiction of Scottish courts, unfortunately, the Spanish courts do not agree as can be seen in a previous article (see link below). This is a case which went to the Spanish courts in 2016, where the Spanish judge dismissed the MacDonalds claim of jurisdiction. The point being the timeshare resort is in Spain and the purchase was made in Spain, therefore Spanish law does have jurisdiction.

This point has also recently been followed in the Spanish courts in cases against Club la Costa and Diamond Resorts. Both of these timeshare companies claimed that as the companies are UK limited companies then UK law and jurisdiction applies, the courts have ruled that Spanish law takes precedence and has jurisdiction.

This particular case is one of the worst that Inside Timeshare has ever seen, out of all the timeshare companies MacDonald Hotels and Resorts are the worst, even the RDO (Resorts Development Organisation) the industry trade body has removed their membership. Now for the RDO to do this, things must be bad, after all, they did allow Silverpoint to peddle their “investments” without saying a word.

Inside Timeshare will keep you informed of this case and we are sure that the County Court will see the “evil” that MacDonalds is perpetrating and throw the case out.

If you have had a similar experience or have problems with MacDonalds, please use our contact page and let us know, Inside Timeshare knows that this is not an isolated case, that MacDonalds use these bullying tactics as a matter of course. It is time this company was brought to task.

https://insidetimeshare.com/start-the-week-macdonald-resorts/

Start the Week: Seven Sentences Issued

Welcome to the start of another week with Inside Timeshare, Spain is still in lockdown although restrictions on movement are slowly being lifted with more businesses being able to open. One area where there will be no movement for some time is going to be the hospìtality industry, bars, restaurants, hotels and off course timeshare resorts. This area which the Canary Islands relies on heavily is unlikely to return to “normal” for the foreseeable future, with possible restrictions on numbers. Even with all this going on the courts are still issuing sentences on previous trials and not to forget all the “scam and fake” law firms and claims companies trying to get hold of your money which are still cold calling owners with fantastic news of thousands being held for them by the courts.

Today Canarian Legal Alliance released the news of 7 new sentences being issued by the courts in favour of their clients with all contracts being declared null and void and the return of substantial amounts of money.

The first six were issued by the Court of First Instance, San Bartelomé de Tirajana, all cases were against Anfi Sales SL and Anfi Resorts SL, who have been ordered to repay the six clients over 128,000€. So that is 6 happy ex-timeshare owners.

Moving over to the Costa del Sol, the Court of First Instance of Fuengirola has ordered Club la Costa to repay over 26,000€. This particular case is rather interesting as you can see from the court document, the companies involved are UK limited companies and not Spanish SL ones. As we have published in the past, this was a ploy by many timeshare companies to attempt to avoid the Spanish timeshare laws and claim that the courts did not have jurisdiction.

As we know the High Court of Malaga did not agree, maintaining that they did have jurisdiction, this is just one more client who has benefitted from the High Court’s ruling. It is also very obvious that this has opened the door for many more cases to be brought.

It has also been brought to our attention that there are several new companies about to embark on a cold calling campaign offering the usual relinquishment and claims service. As usual, our warning is to do your homework before you decide to take on any service especially where a payment is required. Don’t take everything they tell you at face value, check first and check again, how are they going to make a claim, which law firm or lawyer do they use?

At the moment Inside Timeshare has decided not to publish the names, but we will be keeping an eye on them, as always if you need help in finding out if they are genuine please use our contact page and Inside Timeshare will get back to you.