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Club la Costa

End the Week Roundup and the Latest on the CLC Liquidations

Welcome to the end of the first full week of 2021, although the news coming from around the world does not look good with increased restrictions on travel and more lockdowns, it doesn’t stop in the world of the timeshare scammers. In fact, judging by the number of emails received along with the comments posted on the various Fb groups, the number of calls seems to be increasing. Many are those which we have already highlighted, some are new, but, they do all have one thing in common, the scare tactics and misinformation. In today’s article Inside Timeshare once again warns Club la Costa members to be on their guard and to seek advice before engaging with any company that calls. First, we have a quick look at what we covered this week.

We began the week with yet another appeal by Anfi being rejected and dismissed by the High Court. This was the last sentence issued by the court just before Christmas, so it was very welcome news for that particular client.

On Tuesday we had a quick look at our old friends at Mindtimeshare who began publishing again a few weeks ago. Although much of what they posted was out of date, it does serve as a reminder of how careful timeshare owners must be.

We also published the latest information on the Financial Conduct Authority and their validation of the loan agreements brokered by Azure through Barclay Partner Finance. In these articles, we published a link to the Fb Group, Azure Malta Action and Support Group who are gathering other victims for a concerted effort to have the validation order overturned.

In another case surrounding the subject of jurisdiction, this time it was the turn of Diamond Resorts (Europe) Ltd. Once again the Court of First Instance Number 1 of Fuengirola ruled in accordance with all rulings from various High Courts that Spanish Law and Courts do have jurisdiction and the timeshare companies operating from Spain must comply with the law.

Yesterday, in another ruling made by the same Court of First Instance in Fuengirola, ruled in the case of Continental Resort Services SLU, which is a Spanish registered company Club la Costa sales branch, also claimed that their contracts were subject to the Jurisdiction of UK Law and UK Courts.

The judge ruled in accordance with all previous rulings and declared the contract null and void with the client being awarded over 41,000€ plus legal interest and costs.

This case was brought before the courts on behalf of a German client by Canarian Legal Alliance.

Staying with Club la Costa, as we have published previously, there are several Club la Costa sales companies which have now filed for liquidation. We have already been informed that this is being used by some unscrupulous callers to scare CLC members into signing up for relinquishments and claims.

They are claiming that members are going to lose everything due to the liquidations, what we can tell you is these liquidations will have no effect on your membership. It does, however, affect any member looking at making a claim against the sales company which sold them the product.

The companies which are now going into administration are:

Paradise Trading SL;

Club la Costa (UK) PLC  sucursal en España;

Continental Resort Services SL;

California Beach Hotel, S.A.U.

PDF copies of the Official Bulletin Announcements.

If you already have a case in the courts, having a case prepared our advice is to contact your law firm or lawyer for clear and precise advice to check if this affects you and your case.

If you are contemplating legal action against CLC then ensure that you are being told the correct information. If you would like any further information on this or any other timeshare matter, please use our contact page and Inside Timeshare will get back to you.

Have a good weekend and join us again next week for more on the murky world of timeshare.

Important Court News: Diamond Lose Jurisdiction Case

Although today in Spain is the Feast of the Three Kings or Día de Los Reyes Magos, or most commonly known as The Epiphany, news arrived late yesterday of yet another case involving “Jurisdiction” of contracts. This is a very important decision from the courts and is following all other rulings made by various courts around Spain on this matter, that Spanish Courts do have “Jurisdiction” on any contract purchased, signed and paid for in Spain, regardless of the “clauses” in the contract.

Over the past couple of years, we have seen many cases being delayed due to this particular clause, with some of the very first cases being against Club la Costa with others such as Diamond following suit.

Once again it is an attempt to bypass Spanish Law by claiming the contracts fall under the jurisdiction of UK law and UK courts, which in the beginning they did succeed in doing. But through the tenacity of various lawyers who argued that consumers were entitled to the full protection of Spanish Law and that timeshare operators cannot decide which jurisdiction their contracts come under. By doing so they are taking away all the rights a consumer has.

The latest case involves Diamond Resorts (Europe) Ltd, a UK registered company which was operating sales of timeshare in Spain. Their contract stipulated that it was subject to “the jurisdiction of UK law and UK Courts” which is blatantly taking away consumers rights.

Is their Code of Conduct worth the paper it is written on?

It should also be noted that under the RDO Code of Conduct, Part I, Chapter 3, Paragraph 3.5 actually states:

“To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

Obviously, the use of the “jurisdiction” clause is a breach of these rules as to comply with “all laws” of the country in which the member operates must be abided by. If this isn’t a breach of RDO rules then we don’t know what is!

Palacio de Justicia Fuengirola

This particular case was heard at the Court of First Instance Number 1 of Fuengirola and the case was once again brought on behalf of an English client by Canarian Legal Alliance

As we have seen in all previous cases of this nature, the Judge immediately dismissed Diamond’s appeal on Jurisdiction, referring once again to the rulings of the High Court of Malaga. This court along with High Courts in other provinces have all consistently ruled in favour of the consumer that they (Spanish Courts) do and will have full jurisdiction on any contract sold in Spain.

In this case, the Judge ordered that Diamond repay the client 17,572€ plus legal interest and the return of all legal costs. The client will also receive a further 8,513€ in respect of original purchases and a further 9,059€ which is double the deposit taken illegally on the day.

The contract has also been declared null and void leaving the client timeshare and maintenance-free.

The case was prepared and presented by the CLA Lead Lawyer Eva Gutierrez with the client being assisted by Claims Consultant Jake Kaiser.

Once again we see the court’s ruling in favour of consumers and declaring contracts illegal, as we have said before, it is a problem of their own making, after all, the laws were enacted in January 1999 yet they continued to sell as they had done before believing they knew better. But now they are finding that was a very expensive assumption to make.

If you would like to know more and see if you have an illegal contract and what your legal rights are, please use our contact page and Inside Timeshare will get back to you.

Start The Year: Anfi Loses Another Appeal

Welcome to the start of another year with Inside Timeshare, we hope that you had the best Christmas and New year possible considering the restriction placed on us all. We ended last year with the breaking news that the Provincial Prosecutors Office of Gran Canaria, which we know is investigating Anfi on possible criminal activity, has extended their investigation into the use of maintenance fees. This news was published by El Diario, a prominent Spanish daily newspaper. We also announced the liquidation of two Club la Costa sales companies, Continental Resort Services SL & Paradise Trading SL, just as we warned, the cold calls have already begun with scare stories of the effect this will have on members.

As we explained in our news item, these companies are the ones who sold the product and their liquidation has no relevance to any CLC membership. The only problem arises with any potential claims where these companies are the named entities on the contract and are the ones subject to any legal action.

If you have a case already in progress or you are about to instigate proceedings against Club la Costa and these are the entities on your purchase agreement, then you should contact your lawyer or law firm for further information and not rely on anything told to you during any cold call. If you are not sure if they are the companies involved in your case please contact your lawyers for clarification.

We now move to our old friends at Anfi, as we have already reported, there is a criminal investigation underway against Anfi by the Provincial Prosecutor, this is centred around the continuous attempts by Anfi to avoid paying the court-ordered awards to clients by constant appeals and the movement of funds between accounts. (Full story on the link below).

The last sentence of 2020 was issued on 23 December, it was yet another appeal to the High Court Number 5 of Las Palmas, Gran Canaria, which this court rejected and dismissed.

The original judgement was made by the Court of First Instance of San Barlelomé de Tirajana, where the contract was declared null and void with 40,461€ plus legal interest. This amount also included an extra 7,718€ as double the amount taken illegally during the statutory cooling-off period.

The panel of judges at the High Court ruled as they have done in every case brought before them, that the rulings of the original court stand, returning the case to the Court of First Instance for the execution of sentence. No doubt the law firm Canarian Legal Alliance who represented the German client has already filed a “provisional execution order” and is likely to be followed with embargoes on accounts and payment to the client.

The lawyers involved in the preparation and presentation of the case were Eva Gutierrez and Christine Ihmann, with Claims Consultant Evi Richter assisting the client.

That is all for our first article of the year, no doubt over the next few weeks we will be seeing some new “cold callers” “fake law firms” and others making an appearance. Inside Timeshare will be keeping an eye open for any new websites, but we also ask all our readers to be vigilant and let us know the details of any company that contacts you. Remember, these will play on your fears and concerns using tactics designed to scare you into signing up with their “company”.