Browse Tag

Club la Costa

New Cold Caller & Anfi Lose in the Courts Again

Inside Timeshare is constantly being asked about new companies that have appeared and begun a cold calling campaign, over the past few months there have been many news ones emerge. On Tuesday it was Timeshare Refund Calculator, this has also been appearing on Facebook and this has caused some laughter. Reading through the comments people have placed, praise the company no end, not bad for something that has only just appeared. But it is when you check the profiles of those commenting it becomes apparent what is going on, one commentator posted a long and wonderful post of praise, it turns out this person actually lives in Tenerife, which we suspect is where the call centre is located. Could these wonderful comments come from the call centre staff themselves? Today however we reveal the latest to come to our attention and also bring the latest news from the courts.

World and European Marketing Ltd is the latest name to come up from our readers who have been cold called. The company was incorporated on 11 September 2019, so is only just about a year old. The registered
company director is Derek James McCaig, Company Registration Number 12201105, registered address (which is the same address given on the website ad is also very familiar):

71-75 Shelton Street Covent Garden London W2CH 9JQ.

The website:

https://www.worldandeuropeanmarketing.com/

This was registered on the 25 September 2019 and is set to expire on 25 September 2024.

They also give the email address: [email protected]

Telephone Numbers given on the website:

Phone: (+44) 020 3807 9599

Mobile: (+44) 020 3807 9599

Strange how the landline and mobile numbers are the same with a 0203 London code?

According to their about me page, they claim to be:

“We are experts in the field of sourcing experienced UK lawyers for all types of Timeshare miss-representations.”

“Our experienced team simply finds the best lawyers available to secure a successful outcome for you.”

On this, it certainly looks like they are actually a lead generator for other companies rather than a “claims & exit” company. This is borne out by the contact one of our readers has had with them.

Our reader was contacted by World & European Marketing with regards to terminating their Club la Costa contract and claim “compensation” through their loan agreement. This company has passed them to Fulbrook Associates of Stirling, who we are very familiar with as they work hand in hand with Claims Solutions Group of Aberfeldy, Meridian Associates of Tenerife and the latest Aegis Direct SL of Tenerife. None of these are law firms or lawyers!

There is also something very disturbing about this scenario, payments are made by credit card, that is good as you are then covered by Section 75 of the Credit Consumer Act 1974, but you will be mistaken, you will not be covered.

You pay World & European Marketing, they in turn hand the work to whichever company, they fail to do the job, no claim under Section 75. The company you paid has done their job, you have paid them to find you a firm to terminate your contract, that is what they have done, claim denied.

Once again we have a company that makes claims on their website that they are “experts” in locating the best lawyers and yet, they team up with many of the companies that are, to say the least suspect. We leave it to you, the reader to decide what you think.

Now for some more news regarding the trials and tribulations of Anfi.

The High Court Number 5 of Las Palmas, GC, has once again dismissed another appeal by Anfi, these are now becoming very frequent. The judges in their deliberations fully supported the original sentence handed down by the Court of First Instance of SBT.

The contract has been declared null and void with Anfi being ordered to repay the Norwegian client over 41,000€ plus legal interest and legal costs.

In this case, the client had already received around 31,000€ back in March, so now that the sentence is confirmed they will soon be receiving the rest.

It still seems very puzzling why Anfi persists in these frivolous appeals, every single time they appeal it is dismissed and the original sentence is confirmed. Quite often the High Court will increase the award, this is obviously a sign that they are getting fed up with the delaying tactics employed by Anfi.

The case was brought on behalf of the client by the Canarian Legal Alliance Lawyer Miguel Angel Melian Santana, with the client being assisted by Claims Consultant Michael Gadman.

Down the road in the south of Gran Canaria, the Court of First Instance of SBT have declared another Anfi contract null and void, in this case, the Swiss client has been awarded over 46,000€ plus legal interest.

This is another case where the case has been finalised at the pre-trial stage, the judge again felt that the case did not need to go to a full trial, thus saving the courts and the client time. The timescale for this case is from the point of submitting the case to this conclusion has been only 11 months. Had it not been for the pandemic, the case would probably have been held earlier.

Going on past experience no doubt Anfi will lodge yet another frivolous appeal.

The case was prepared by the CLA Lawyer Oscar Salvador Santana Gonzalez, with Claims Consultant Jasmin Erhard assisting the client.

To end today’s article, we bring you the latest video from the CLA Lawyer Cristina Batista, in this video, Cristina gives the latest figures from CLA cases

Remember, beware what you are being told by “cold callers” not all are genuine or telling the truth. If you have received a call with some remarkable news and you are not sure if it is true or not, then use our contact page and Inside Timeshare will get back to you.

DO YOUR HOMEWORK, YOU KNOW IT MAKES SENSE!

End the Week: More Court News

Welcome to the end of another week with Inside Timeshare and what a week it has been, with many enquiries from readers regarding “cold calls” and some of the wild claims being made such as the “fake” claims of Club la Costa and Marriott going into liquidation. This included an update on J Foster Associates who also claim that when the UK leaves the EU with “Brexit” UK clients will not be able to take cases to the Spanish Courts, a claim that is totally untrue. We also featured Part 2 of Timeshare Contracts: Held to Ransom. Plus there were some rather interesting results from the courts. We end this week with the latest court news.

At the High Court Number 11 of Barcelona, it was the turn of the Ona Group to be on the receiving end of an appeal being dismissed and the judgement of the Court of First Instance being upheld.

In the original judgement, the Court of First Instance declared the clients contract null and void, awarding the English client 112,724€ plus legal Interest. In this case, the client paid 70,000€ with the extra 42,724€ being made up of the illegally paid deposit taken within the statutory cooling-off period being awarded double.

It is a buyer’s right to withdraw from any contract without any financial penalty within the statutory cooling-off period, which is why it is illegal to take any payments as in the past this was used as a tool to ensure clients did not cancel.

The cooling-off period can be extended to 90 days, which will mean double the amount paid within that period if the purchaser has not been given the necessary information required by law.

The Lawyer conducting the case was Eva Gutierrez of Canarian Legal Alliance with Claims Consultant Jake Kaiser assisting the client.

In another case conducted by Canarian Legal Alliance on behalf of another English client, the High Court Number 3 of Las Palmas, GC, once again fully endorsed the judgement of the Court of First Instance which Silverpoint Vacations SL appealed.

In this case, the contract was declared null and void with the court ordering Silverpoint to repay 98,722€ plus legal fees and legal interest. Once again the court awarded double the amount paid as a deposit within the statutory cooling-off period.

This is just another nail in the coffin of Silverpoint, it also clearly shows that all the courts are now singing off the hymn sheet and applying the numerous rulings made by the Supreme Court which now number 130.

The case was conducted on behalf of the clients by Oscar Salvador Santana Gonzalez with Claims Consultant Jake Kaiser assisting the client.

No doubt before the end of the day there will be more news coming from the courts which we will bring you next week.

On Monday, Inside Timeshare will be giving an update about the ongoing case of Mrs B and MacDonald Resorts, for those who have been following Inside Timeshare for the past 4 years you will be familiar with the case.

Mrs B paid a company to get rid of her two timeshares, one at Oasis Lanz in Lanzarote, the other at Dona Lola Club on the Costa del Sol, a Macdonald run resort. Both were duly transferred to another person, no problem with Oasis Lanz, they just accepted it, not so for MacDonald’s.

They have pursued Mrs B with debt collectors and law firms for the arrears as they do not recognise the transfer. The latest news is that McDonald’s “legal bully boys” Shepherd and Wedderburn based in Scotland are now intent on taking her to court with her sister.

Both are in their 90’s and both have serious health issues, with both being virtually housebound. Yet Shepherd and Wedderburn are sending them documents of cases (6 in total) that they have conducted for MacDonald Resorts over arrears and won. If these are not tactics to scare two elderly ladies I don’t know what is. Join us on Monday for the latest instalment of this disgusting case.

Have a good weekend and take care.

Updates: Fake Liquidation of Club la Costa & The Club Paradiso Liquidation

Yesterday Inside Timeshare published the story being put around by some “cold calling claims & exit” companies that Club la Costa is going into liquidation tomorrow Friday 16 October 2020. Today we have some new information on that piece of fake news which also included the fake news that Marriott was also going into liquidation. We also bring you the latest news on the liquidation of Club Paradiso Ltd, this is the club based at the Paramount in Tenerife and is part of the Limora Group. The club memberships were sold by non-other than our old friend’s Silverpoint who are themselves in the process of liquidation.

First, we take a look at the “fake” news that Club la Costa is going into liquidation this Friday, as we published yesterday this is a total fabrication of the truth, it is a ploy by some unscrupulous companies to scare and take advantage of desperate owners/members. 

According to an email sent by CLC World Chairman, Roy Peires, to members yesterday 14 October, the full story is given.

Basically, due to the Covid19 pandemic, sales of memberships at Club la Costa have been seriously affected, they scaled down the number of staff and many were placed on the furlough scheme.

Well, it is not surprising that sales have been affected as there has really been nobody travelling and that means no one visiting CLC or being taken to presentations. Also, it is not really conducive to conduct sales presentations with the regulations on social distancing and the wearing of masks.

What the Chairman Roy Peires has informed members in his email is that as of Friday 16 October 2020, all sales have been suspended for the foreseeable future. This also means that many staff members will now be out of work.

So as we explained yesterday, this claim by these “cold callers” is a tactic to scare you into paying them to take up your case.

Club la Costa is not going into liquidation.

PDF of the full email from Chairman Roy Peires.

We now move to the letter being received by members of Club Paradiso, which is, in fact, going into liquidation, so that is not a rumour.

Club Pardiso

The letter is from R & H Restructuring based in the British Virgin Islands, they are along with Alvarez and Marsal, also based in the BVI, are Joint Liquidators.

They have appointed Owen Walker of R&H and Barry Lynch of Alvarez and Marsal as the Joint Administrators (JL’s). According to the letter Alex Lawson (Alvarez and Marsal) who was appointed sole administrator of Club Paradiso Ltd has “ceased to have any powers (other than those required or permitted as a matter of British Virgin Islands (BVI) law)”.

Contained in the letter are several options open to members, one is to relinquish their membership, which appears to be free of any charge.

The second option is to take up an offer which the JL’s “consider sufficiently attractive” to members. This offer is from Regency Hotels, who operate The Regency Club Tenerife and The Regency Country Club, Tenerife.

Obviously, this offer has come as Club Paradiso Ltd have not had any luck in finding a third party to continue running the club for the members.

It should also be pointed out at this stage the problem with accepting this offer. If members have filed cases against Silverpoint for the sale of the Club Paradiso membership, with those cases pending a hearing, cancelling the contract will have serious consequences on their cases.

Once the contract has been cancelled, the courts will have no other option than to reject any case where the contract is no longer in existence. So, if you do sign up for the offer and cancel or just purely cancel you will have wasted all your money on the legal fees as there is no longer a valid case.

The last option is making a claim via the JL’s, they invite members to make a claim directly with them as liquidators and even provide a claim form.

At this point Inside Timeshare now has the alarm bells ringing, we envisage within the next couple of weeks a resurgence of “claims & exit” companies getting in on the act and cold calling members with offers of doing the exit or claim for them. In the light of the other articles published on fake news we just wonder what scare tactics they will use to get your money.

The advice from all the lawyers Inside Timeshare has spoken to with cases either in court or pending is simple, do no exit, do not take up the Regency offer and if you decide to attempt a claim directly to the JL’s, find your own solicitor with experience in this field and also having jurisdiction in the BVI to do the work for you or at least give you sound legal advice.

PDF of the Full Letter from R&H Restructuring.

If you have any questions or views on these subjects or any other article, please use our contact page and Inside Timeshare will get back to you.