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Court of First Instance

Start the Week: Latest Court News

Welcome to the start of another week, today we review some of the legal news which was announced last week from the courts in Gran Canaria and Tenerife. We ended last week with yet another warning on calls from suspect companies claiming to be appointed by the courts to retrieve money “awarded” by the courts for cases which have never taken place. This prompted a flurry of emails from other readers who have also been contacted and were unsure if they were genuine. Thanks to Inside Timeshare publishing this warning these unsuspecting victims have been saved from paying and losing even more money. The companies named in the warnings are Solutions SL, CUC Abogados of Tenerife and Sanchez Services based in Fuengirola.

We begin with the news that Silverpoint has paid out a client and they will now be enjoying a timeshare free life with a massive 103.050.14€ in their bank account.

This is a brief rundown of the proceedings against Silverpoint:

The UK client won their case in the Court of First Instance in Arona, Tenerife, as usual, Silverpoint made another frivolous appeal to the High Court in Santa Cruz, once again using this tactic to delay and avoid paying as ordered.

Unfortunately for Silverpoint the High Court upheld the sentence of the lower court and found in the clients’ favour. Canarian Legal Alliance had already filed a provisional execution of sentence order with the court. Upon receiving the news from the High Court, CLA launched a final execution order on a Silverpoint bank account and secured the funds for their client who has now received payment.

It must also be pointed out that in the original first sentence the award was 74,584.20€, but because of the delaying tactics employed the legal interest increased the final payment.

Obviously, this is great news not only for this client but for others who are also in the same position.

Enforcement orders

Another UK client has also had their funds secured and their contract declared null and void. The funds have been secured by a cash embargo and a final execution order. The total amount this client will now receive is 61,197.25€ and also their contract has been declared null and void.

Another cash embargo was also achieved for a German client of Silverpoint, with over 36,000€ to be paid into their account.

At the courts in Gran Canaria, another UK family has had over 42,000€ secured by a court order. This was made against Palm Oasis (Tasolan) and shows that CLA is ensuring that their clients receive what they have been awarded by the courts.

In just these four the total secured is over 242,000€.

More news which will also it was announced that the Judge in The Court of First Instance, Maspalomas, Gran Canaria is now following the criteria of the other judges in Courts 1, 3 and 4, he will now dictate sentences after the pre-trial stage without the need for a full trial (unless in special cases). This certainly is good news for clients who will now no longer be required to attend the court and give evidence.

This will obviously speed up the legal process and is good news for clients, it now only remains for Court Number 2 who still requires clients to attend and submit personal evidence and be questioned by the defendants’ lawyers.

It certainly looks like the courts are no longer accepting the tactics of the timeshare companies demanding the attendance of the clients in court and also in the delaying tactics of constant and frivolous appeals. For you the clients this news shows that justice is on your side.

Latest Court News

Today Inside Timeshare highlights some of the latest news from the courts in Spain, courtesy of Canarian Legal Alliance. As we know they are the leading law firm in timeshare law and litigation with many victories to their credit including now 130 rulings from the Supreme Court.

We begin with the latest ruling from the Supreme Court, this case involved Diamond Resorts Tenerife Sales SL, which is a subsidiary company of Diamond Resorts International.

After a lengthy process of appeals by Diamond, the Supreme Court ruled in favour of the client, with their contract being declared null and void and the return of over 19,000€ plus double the deposit which was taken within the statutory cooling-off period. The court also awarded the client back their legal fees and legal interest.

In another case against Diamond at the Court of First Instance Granadilla de Abona, Tenerife, the Judge has decided not to proceed with a full trial, he will issue his sentence in due course. This will be based on the documents and the contracts which as we know clearly show that the sale was made in breach of the timeshare laws.

We have seen many of the judges in the courts of Gran Canaria foregoing the full trial and issuing judgements at the pre-trial stage for some time now, with many more judges at the courts of Arona, Tenerife are following suit in cases involving Silverpoint.

It is obviously good news for the clients as it has the effect of cutting down the time it takes to bring a case to a conclusion and also saves the clients from having to travel to attend the hearings. Hopefully, more courts will be following this lead as the cases are purely based on the contracts which are in breach of the law.

Marriott Marbella Beach Resort

We now move to the Costa del Sol and the latest victory coming from the Court of First Instance Number 6 in Estepona.

This case involves Marriott Vacation Club with the judge declaring the contract null and void, citing the 130 Supreme Court rulings the judge ruled that the principal cause to nullify the contract was the “lack of an end date” on the contract. As we had stated previously, contracts under Spanish law should be for a maximum of 50 years.

The ex-timeshare owners were also awarded over £24,000 including the return of their legal fees plus legal interest.

In July last year Inside Timeshare published the fact that Marriott admitted they were losing in the Spanish courts and set aside around $16.3 million to cover the litigation expenses.

https://insidetimeshare.com/marriott-admit-losing-in-spanish-courts/

Going back now to the beginning of the month, Canarian Legal Alliance had a total of six rulings in favour of their clients, these were against Anfi, Silverpoint and Diamond Resorts. Once again the common denominator is that both the First Instance Courts and the High Courts are using the rulings made by the Supreme Court.

All contracts were declared null and void and the total awarded to clients is in excess of 204,000€.

If you purchased a timeshare after 5 January 1999 and would like to know if your contract is illegal and if you have a valid and viable claim, or you purchased from any of the companies featured on Inside Timeshare, then please use our contact page. Inside Timeshare will then get back to you and explain what options are open to you.

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.