Browse Tag

Diamond Resorts

MacDonalds Instigate Court Action against Mrs B and her Sister

Today Inside Timeshare once again highlights the plight of Mrs B and her sister in their battle against MacDonald Hotels and Resorts. As many of our regular readers will remember our story begins in 2015, when Mrs B employed the services of ITRA to extricate them from two timeshares, Oasis Lanz in Lanzarote and Dona Lola Club owned by MacDonalds on the Costa del Sol. These timeshares were duly transferred to a named person, with notarised documents showing this to be the case. As far as Oasis Lanz is concerned there has been no problem, they accepted the transfer, this cannot be said of MacDonalds.

Now MacDonalds has engaged the services of a law firm who has instigated legal proceedings in the County Court to claim “arrears” for a timeshare that Mrs B and her sister no longer legally own.

The claim is for £6328.18, court fees of £410, legal representatives costs £80, a total of £6818.18 before any interest is added.

The law firm engaged by MacDonalds is:

Shepherd and Wedderburn LLP

Condor House 10 St Pauls Churchyard London EC4M 8AL

Shepherd & Wedderburn have offices in Edinburgh, London, Glasgow, Aberdeen, Singapore and Dublin.

The timeshare was purchased in 2000, while they were on holiday in Spain, after over 4 hours on the presentation they purchased two weeks in a 3 bedroom apartment at a cost of around £7000. At the time they were both in their 70’s and 60’s, now they are in their 90’s.

At this point, we must remind you our readers that the new Spanish Timeshare Law 42/98 had come into force, this made any contract over 50 years (perpetuity) illegal which is what their contract was. They were also as usual told that they were purchasing “property” and that it was an “investment”. As we all know this is totally false.

It should also be noted that MacDonald Hotels and Resorts did transfer all fixed week owners to their own points system, including Mrs B without their permission, which as we know Harry Taylor of the now-defunct TATOC wholeheartedly endorsed. The points system is also illegal under Spanish law.

They did use the timeshare for the first few years, then due to illness they were no longer able to travel, but they continued to pay the maintenance even though they were unable to use the timeshare. They paid this for over 10 years without fail.

After several attempts to sell the timeshare through the resort which came to nothing, they employed the services of ITRA at a cost of over £5000 in 2015.

Eventually, they received from ITRA documents to show the two timeshares had been transferred to a third party, his name address and passport details were also on the documents. After checking the electoral register it was found that this person did indeed exist at the address given.

Oasis Lanz accepted this and they have never received any demands for any maintenance fees. The same cannot be said for MacDonalds.

According to MacDonalds, they do not recognise the “sale or transfer” to the person named, that no member can “sell or transfer” their timeshare without going through MacDonalds. In other words, they hold the “monopoly” on the timeshares with no method of getting out.

Inside Timeshare has copies of all the documents showing the transaction and they are duly notarised by a registered notary in Spain and conform to Spanish law.

Since 2015, MacDonalds have been “threatening” legal action against two old and frail ladies who are also housebound, with Mrs B’s sister who is now very ill, are now making good their threats and issued court documents prior to court action.

The law firm Shepherd and Wedderburn LLP are now the instrument of the MacDonalds bullying tactics and in the opinion of Inside Timeshare are not worthy of being called lawyers. Obviously they are only interested in receiving the substantial payments from this despicable and unethical firm headed by none other than Donald MacDonald himself.

The Highest Court in Spain, Tribunal Supremo

MacDonald Hotels maintain that their contracts are subject to Scottish law and the jurisdiction of Scottish courts, unfortunately, the Spanish courts do not agree as can be seen in a previous article (see link below). This is a case which went to the Spanish courts in 2016, where the Spanish judge dismissed the MacDonalds claim of jurisdiction. The point being the timeshare resort is in Spain and the purchase was made in Spain, therefore Spanish law does have jurisdiction.

This point has also recently been followed in the Spanish courts in cases against Club la Costa and Diamond Resorts. Both of these timeshare companies claimed that as the companies are UK limited companies then UK law and jurisdiction applies, the courts have ruled that Spanish law takes precedence and has jurisdiction.

This particular case is one of the worst that Inside Timeshare has ever seen, out of all the timeshare companies MacDonald Hotels and Resorts are the worst, even the RDO (Resorts Development Organisation) the industry trade body has removed their membership. Now for the RDO to do this, things must be bad, after all, they did allow Silverpoint to peddle their “investments” without saying a word.

Inside Timeshare will keep you informed of this case and we are sure that the County Court will see the “evil” that MacDonalds is perpetrating and throw the case out.

If you have had a similar experience or have problems with MacDonalds, please use our contact page and let us know, Inside Timeshare knows that this is not an isolated case, that MacDonalds use these bullying tactics as a matter of course. It is time this company was brought to task.

https://insidetimeshare.com/start-the-week-macdonald-resorts/

Lopesan and Apollo Team Up & Breaking News on a New Scam

Yesterday Tuesday 14 April the European Commission has given the green light for the acquisition of two hotels in the South of Gran Canaria by the Canarian Hotel Group Lopesan and the US company Apollo Capital Management. The hotels are the Hotel Faro in Maspalomas and the Hotel Buenaventura in Playa del Inglés, two of the main tourist areas of Gran Canaria.

As we already know Lopesan along with their German partners IFA own 50% of the Anfi Group, although they do not have control of the Board of Directors which is the “Golden Share” in the control of Hermanos Santana Cazorla SL. But with the legal battles, the Cazorla Group are currently going through it is only a matter of time before full control may revert to IFA/Lopesan.

Inside Timeshare published this news which was announced on Info Canarias, both articles can be found on the links below.

https://insidetimeshare.com/its-friday-and-the-end-of-another-week-another-macdonalds-horror-story-surfaces/

https://infos-grancanaria.com/2020/santana-cazorla-sl-muss-wohl-in-die-insolvenz-gehen/

Apollo Global Management was founded in 1990 by Leon Black, he was a former banker with Drexel Burnham Lambert. Drexel had closed earlier that year after a securities scandal which resulted in the bank having to pay $650 million in fines. Being unable to repay a $100 million debt it collapsed.

According to the online financial journal The Street, Bloomberg had called Drexel Burnham Lambert “Renegades of Junk”, due to its involvement in the junk bond market. Irene Parker, a writer for The Street and a Diamond timeshare owner herself, believes that this title is more fitting for Apollo Global Management after its acquisition of Diamond Resorts. (follow links below).

Original Inside Timeshare article

https://insidetimeshare.com/700-2/

Links to independent reviews on Apollo

https://www.thestreet.com/opinion/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts-13624491

https://de.reuters.com/article/us-diamond-reso-m-a/apollo-global-to-buy-diamond-resorts-for-2-2-billion-idUSKCN0ZF1JV

So what could this mean for Anfi?

At present, there is no indication of how this will affect Anfi and their members, even though we do know that IFA/Lopesan are very interested in taking full control of the Anfi Group. With the legal problems and the possible liquidation of the Cazorla Group, a full takeover is definitely on the cards.

This now leaves the question of what are the intentions of Apollo Global Management, with the deal made with Lopesan on these two hotels could this mean that Apollo may just have an influence on Anfi?

Only time will tell, as and when further information comes to light, Inside Timeshare will publish it here.

Inside Timeshare has just received information on a new “Scam” which timeshare owners are being subjected to, this one is supposedly from the Banco de España and a “court case” in the Malaga Courts against a number of companies.

According to the information received, substantial sums of money have been seized and is waiting to be claimed by the clients who paid them in the past.

Past Clients of these “companies” are now being contacted to inform them that they have been awarded the money by the courts and it is the Banco de España who is dealing with it all. Obviously there is a “tax” to pay to have the money released, haven’t we heard this one before?

It is an obvious “SCAM” and is evident by the email address which is being used to send “clients” the information: 

[email protected]

This is a free Gmail account and is not an official Banco de España email address, just ask yourself the question, why would a national bank use a free Gmail account?

A full article will be published on this in the next couple of days, but in the meantime, if any other readers receive any phone calls or emails with regards to this, please contact Inside Timeshare using our contact page.

Some News on Day 5 of Lockdown

Welcome to day 5 of the Spanish lockdown or “house arrest” as we prefer to call it, with plenty of videos being posted on social media of the main tourist areas with not a soul about. At least now the tourists who were ignoring the lockdown have finally realised that the police are not messing about and are staying in their hotels. In one video a woman who defied the rules and used the hotel pool (which was cordoned off) was arrested by National Police, she even had the audacity to ignore their orders to vacate the pool. But enough of that, today we report on a couple of news items that have filtered down from the courts, more comments and complaints from Anfi members.

Even with the courts suspending trials there still is some news filtering through, the latest was against Anfi. The case involving British clients was held at the Court of First Instance of San Bartolomé de Tirajana, where their contract was declared null and void. They were also awarded over £8,000 further details to be released.

Moving on to the Court of First Instance of Fuengirola on the Costa del Sol, this court has just rejected a “declinatoria” by Diamond Resorts.

The Declinatoria is a legal writ in which the resort petitions the court to reject the case on the basis that the court does not have jurisdiction to try the case as the contract does not fall within the jurisdiction of Spanish law.

In this case, the court in Fuengirola ruled that the Diamond contracts did, in fact, fall under Spanish jurisdiction and therefore are subject to the terms of Spanish Timeshare Law 42/98.

This particular move by Diamond and many other resorts is a common one with the sole intention of avoiding litigation under Spanish law. This ruling sends the message that the courts are now taking this matter seriously.

Both of these cases were brought on behalf of the clients by Canarian Legal Alliance.

Yesterday we published a report regarding Anfi and the policy of charging extortionate amounts per night for those members whose holidays are over, yet are stranded in Gran Canaria due to the “State of Alarm” which is in place. The latest are regarding the cancellation of bookings.

Today we publish some more comments and complaints from members on this subject.

The first is not so much a full-blown complaint but shows the concern this situation is causing to members. This reader has seen information that Anfi is to close yet there is no information or help from them forthcoming.

They are that concerned as they do not know what this means for them, they do not know what to do, even to the point of asking if they will end up “on the street”!

The next two complaints are very similar in nature, they are regarding the cancellation of bookings during the current crisis.

One reader asks “why do they have to pay 80€ to cancel their booking”, considering the situation and the fact that they may not even be able to get a flight, Inside Timeshare has to agree with them.

The second is what one reader has been told by Anfi regarding the cancellation of their booking, they will have to pay a cancellation fee, which is not given, plus they would be able to deposit their week for future use. This must be done by email before September 2020.

They are told that there is no charge to deposit the week, but, there is always a but, they will have to pay a fee of 91€ to re-book that deposited week. Although it will be valid until the end of 2021.

So even with the current situation of lockdown and the termination of many flights, Anfi seems determined to screw their members for every cent they can, this is not what people who have spent thousands to purchase this “exclusive” club membership deserve. At least in the current situation, these charges should be wavered and the costs per night should be reduced dramatically or even no charge at all.

As for the views of Inside Timeshare, this is what we have come to expect from Anfi so it is no surprise to us, customer and members service and care is obviously non-existent at Anfi.

In the end, they have screwed the members with the selling of illegal contracts over the years, they go out of their way to avoid paying what the courts have ordered and done all they can to prolong the legal process. So the question Inside Timeshare asks is do you really want to be members of this club knowing that they have no respect or regard for their members?

For further information on your legal rights and options please use our contact page and Inside Timeshare will get back to you.