Yes, it is Friday and the end to yet another busy week in the world of timeshare, it has also been a costly one for some of the timeshare companies. Also going by the many emails Inside Timeshare has been receiving it may also have been a costly one for some owners/members who have been on the receiving end of the many “scams” and “fake” law firms out to get your money.
On Monday we highlighted yet another new “claims” company using the name Refund Solutions, which as we reported is actually the trading name of a genuine claims company called Rightpath Insurance Claims Ltd. Inside Timeshare contacted this company and was told categorically that they had no dealings or interest in Timeshare. They are a specialised claims company dealing with travel insurance claims such as cancelled flights.
Once again we see the “scammers” using the name of a genuine reputable company to give them credibility when consumers try to check on them. This does reinforce the fact that your “homework” needs to be very thorough indeed.
We also once again highlighted Solutions SL from Tenerife and their attempt to deprive timeshare owners/members of their cash. In this article, according to Solutions, they have just won a momentous case against Incentive Leisure, Personal Travel Group, DWVC and their directors. Well, this is really fantastic considering the companies went after the death of Gary Leigh, so the question is who was in court?
In the “fake” court document (above) there are the names of around 67 people, several of them readers of Inside Timeshare who had no dealings with the above companies. Yet all those named have been “awarded” 32.000€, but to get this they have to pay 3000€ each, that is a staggering 201,000€!
Have you ever thought you are in the wrong job!
We now move to genuine news from the courts, the first is yet another case against Anfi Sales SL and Anfi Resorts SL. in a similar case to the one we highlighted last week, the High Court in Las Palmas overruled another Court of First Instance judgement, this again involved contracts sold after the timeshare laws came into effect on 5 January 1999.
The case was brought before the Court of First Instance where Anfi declared that the contract was legal as it fell within the “two year” period of grace. The judge agreed and the case was found in favour of Anfi.
The lawyers of Canarian Legal Alliance did not agree and subsequently lodged an appeal with the High Court. The Judge once again ruled that the contracts were illegal and that the 2 year period of grace was not intended for the continued selling of contracts which contravened the new laws.
The High Court Number 2 also ruled yet again that any payments made within the statutory cooling-off period must be paid back double, this amounts penalizing Anfi for the breach of the law.
In this case, the client UK client will now receive over 26,000€, with the court also ruling that the client receives back the costs of the First Instance Court and for the appeal be returned to the client including legal interest.
During the week we also received the news of yet another cash payout of over 45,000€ by Anfi. This is a result of yet another “enforcement action” by the Provisional Enforcement and Execution Team at CLA, headed by Judith Diaz Pascual and Cristina Batista.
This morning the news came in of a case heard in the Court of First Instance of Palma de Mallorca, this case involves Restotels SA which is part of the Ona Group.
Once again the court has declared the contract null and void and awarded the UK client 31,449.60€. The court also penalized Restotel SA for the taking of illegal deposits within the statutory cooling-off period to the value of 40,320€.
The case was brought on behalf of the client by the Canarian Legal Alliance lawyers Miguel Ángel Melián Santana and Óscar Salvador Santana González.
So it is a big congratulations to the happy clients who are now ex-timeshare owners and to the lawyers and legal team at CLA.
As a side note, Restotel SA is a part of Ona Group who have recently purchased Excel Hotels and Resorts SA. This company was part of the Bob Trotta timeshare empire and was closely linked to Silverpoint who as we know have many claims in court against them. We have also reported that there is an investigation in progress regarding the many irregularities in the internal trading between Silverpoint and other companies in the Trotta group.
That is all for this week it now just leaves us to remind all our readers to ensure that you do your homework when contacted by any company giving you great news regarding your timeshare.
Have a great weekend and join us again next week for more insights into the scams and murky world of timeshare.