Browse Tag

Court of First Instance

Start the Week: Legal News

Welcome to the start of another week, we begin today with some legal news which was announced last week by Canarian Legal Alliance. The first is a bit of a bombshell and will probably please many Silverpoint clients who have hoped for this kind of news for many years. The second piece of news is also of great importance and will be a blow to many companies within the timeshare industry.

On 16 September 2019, it was announced via an official court notice that it has been decided to open summary proceedings against Silverpoint and its administrators. This begins the process of an investigation into possible criminal offences perpetrated by Silverpoint and the administrators and the possibility of obstruction of justice.

It was agreed by the Judge and the Justice Department that there were very “serious indications of obstruction” and that a full investigation should, therefore, be launched.

This decision to launch an investigation following the filing of many complaints by lawyers of Canarian Legal Alliance against Silverpoint and its attitude to flagrantly disregard orders made by the courts to pay back to clients of CLA the money so ordered. Silverpoint has constantly failed to honour its obligation to pay the awarded amounts at the conclusion of the cases.

Part of the investigation also involves Silverpoint’s failure to produce information required by the court regarding the embargo of assets.

In direct response to the constant complaints and allegations made by Canarian Legal Alliance that Silverpoint and its administrators “conduct is prejudicial to Justice” the State prosecutor for Tenerife has decided to act. This investigation is solely against Silverpoint and its administrators.

This is obviously regarded as a very serious matter which could have grave consequences for the accused, with up to four years in jail. These complaints are now being used in all enforcement proceedings by CLA which may also have the effect of speeding up criminal proceedings and lead to convictions of those involved.

It is now obvious that Canarian Legal Alliance is totally committed to upholding the interests of all their clients, ensuring they receive the justice they deserve.

Inside Timeshare will be reporting on this as and when further news is released.

In another case brought against Club la Costa, (Vacation Resort Limited / Club La Costa Destination Club), CLA has won a very important argument in the Malaga High Court.

In a case filed at the Court of First Instance of Fuengirola, Club la Costa argued that the Spanish Court did not have jurisdiction and could not hear the case, this is due to the fact that the contract had a UK Limited company and that it was subject to the jurisdiction of UK courts and laws. Lawyers from CLA did not agree and challenged this argument. Unfortunately, the judge at the First Instance Court agreed and would not hear the case.

CLA lawyers then urged their clients to appeal this decision at the High Court of Malaga.

The case was then heard by the appeal court who agreed with the lawyers from CLA that the case should be heard in a Spanish court and that they did have jurisdiction. The State Attorney also submitted a report which clearly backed up the view of the CLA lawyers claim and the High Court’s decision.

Many timeshare companies have used this ploy to circumvent the Spanish Timeshare Laws, so this is a resounding success as it now leaves many more cases to be brought.

Club la Costa are also members of the RDO (Resorts Development Organisation) which is the trade body for the timeshare industry in Europe. A such, Club la Costa are bound to abide by the RDO “Code of Conduct” which states in paragraph 3.5  “To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

So it appears that CLC is not only floating Spanish Law but also the terms of membership to the RDO.

CLA has also received more embargos one against Club la Costa through Paradise Trading SLU and another against Silverpoint.

This embargo against Silverpoint is just the latest in a series filed by Lawyers of CLA on behalf of their clients to ensure swift payment for their clients. This latest one is for over 30,000€ and follows a firm sentence by the High Court in Tenerife.

It is certainly becoming obvious that Canarian Legal Alliance and their lawyers are doing everything in their power to ensure that their clients receive the justice that they deserve. So to the legal team at CLA and their clients a very big congratulations.

When Inside Timeshare receives more news on these and other events it will be published here.

If you have a timeshare and would like to know where you stand legally with your contracts, please use our contact page and we will get back to you.

Start the Week

Welcome to the start of another week at Inside Timeshare, over the past few weeks we have been publishing many articles on Silverpoint, especially the move by the parent company Limora Investments Ltd (BVI) filing for liquidation. We have also published the news that The Paramount – Club Paradiso has closed their doors with many members unable to book, the website is down and no one seems to be answering the phones. We also reported on Keys Concierge having also gone into liquidation with all the staff losing their jobs, as we know the administrator dealing with the liquidation is Alex Lawson of Alvarez and Marsal working on behalf of the Trotta family.

So as you can imagine, Inside Timeshare has been inundated with emails enquiring about the legality of all the products sold by Silverpoint. The most prolific of these products and having by far the highest costs are the “Company Participation Scheme”, with purchases from 40,000€ all the way to 150,000€ plus. Just on the enquiries Inside Timeshare has received we are looking at purchases of well over one million euros, this certainly is a very big money making scheme, the question is where has it all Gone?

Courts of First Instance Maspalomas

Now for some news from the courts around Spain.

Last Friday the leading law firm in timeshare litigation Canarian Legal Alliance, announced their results for the week, with 26 victories in various courts around Spain.

At the Court of First Instance in Maspalomas Gran Canaria, there were 11 cases found against Anfi, with 2 cases at the High Court of Las Palmas being found in favour of the clients after Anfi appealed.

At the same Court of First Instance, a sentence was issued against Palm Oasis.

In the Court of First Instance of Arona, Tenerife, Silverpoint was on the receiving end of the judges, with 11 rulings against them in favour of the CLA clients.

The last was against Club la Costa in Fuengirola, where the judge again found in favour of the client.

As usual, all contracts were declared null and void with the courts ordering a total of 1,226,260.15€ A very expensive week for the timeshare industry indeed. But at the end of the day, had they sold their products in accordance with the law, then they would not be finding themselves in this position.

If you have purchased any timeshare product in Spain and would like to know if you have a valid and viable claim or would just like to know your legal position and your options, then use our contact page. We will get back to you and point you in the right direction.

Start the Week

So here we are at the start of another week, today we start with the news from the courts at the end of last week, we also republish the link to a TVE 1 news report about timeshare law in Spain and an interview with Eva Gutiérrez from Canarian Legal Alliance. We also highlight a new “claims” company that has just come to our attention.

At the end of last week after publishing out Letter from America, Canarian Legal Alliance published their results for the week. Once again it was a busy week for the courts and the lawyers with no less than 15 new victories on behalf of their clients.

In frame with the most rulings against them was once again Anfi Del Mar, with 10 cases heard by the Court of First Instance of San Bartolomé de Tirajana in Maspalomas. In the High Court of Las Palmas Gran Canaria, Anfi del Mar had 4 appeals rejected and sent back to the lower courts for the execution of sentence.

In Tenerife at the High Court in Santa Cruz, Silverpoint also lost an appeal, with the case being sent back to the Court of First Instance, again for the execution of sentence.

The total amount being returned to clients is a massive 517,056.50€ this amount doe not include legal fees or legal interest that is calculated separately. Contracts were also declared null and void. The infringements of the timeshare laws ranged from contracts over 50 years in duration, floating weeks and points systems plus the taking of payments within the 14 days cooling off period.

Considering the Supreme Court rulings of which there are 129, and the number of cases being found against the timeshare companies at the lower courts, it does make you wonder why the timeshare companies insist on prolonging the process and taking the lost cases to appeal. All we can surmise is that they are trying to delay making any payments as they still believe the courts have interpreted the law incorrectly.

In response to that belief, Inside Timeshare republishes a link to the National Spanish TV Station TVE1, in this news item they look at the Supreme Court rulings and explain why the timeshare companies are being taken to court. In the item, they also interview one of the Senior Lawyers at Canarian Legal Alliance Eva Gutiérez. This clip will put you the reader in doubt as to who is telling the truth.

Another new name in the “claims” business has just come to our attention, Refund My Claim with the website:

http://www.refundmyclaim.co.uk

It was registered on 9 February 2019 with the actual owner and registrar being hidden, the website has been regestered for one year only and is set to expire on 2 February 2020, these are never good signs.

The website itself gives very little information, with no company registration details only the company address, telephone number and email:

53 Fountain Street, Manchester, M2 2AN. Once again this is rented office space with postal and telephone answering service run by Regus, one of the biggest suppliers of serviced and rental office space on long term or daily basis.

The telephone number given is 0161 826 49 62

With the email [email protected]

On their Home Page, they state, “We are a free advice service that identifies the best Lawyers, Solicitors or Claims management company that best suits you for your claim.” They also explain the “Claims management” is big business in the UK and then go to list all the types of claims they work with including timeshare.

Now considering the age of the website, the lack of company information, no Company House registration and no mention of any lawyers or regulated claims managment company names, makes this is look like a very dodgy set up.

If you are contacted by any company with offers of getting you your money back for any timeshare or holiday club, do your homework before engaging with them. Make sure they are genuine, if you need help or advice on this, then use our contact page and we will be happy to help.

Tomorrow in our Tuesday Slot we publish an article titled How is a Timeshare Point Valued, this has been written by an Industry Insider and we have kept them anonymous as per their wishes. So join us tomorrow for more information and news on the world of timeshare.