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Diamond

Latest Court News & Update on J Foster Associates

Yesterday we published part 2 of our Timeshare Contracts: Held to Ransom articles, we began last week with Belton Woods Lodges and yesterday we looked at Diamonds “exit” policy, our next article will be looking at Club la Costa. Today however we look at another two cases to come out of the courts in Gran Canaria, these cases involve Holiday Club and Airtours. We also have an update on the new “claims & exit” company J Foster Associates and their rather wild and exaggerated claims. It certainly looks like desperation.

Earlier in the year a German client of Canarian Legal Alliance won his case at the Court of First Instance Number 4 of San Bartelomé de Tirajana against Holiday Club. In July the Court received the payment from Holiday Club for the amount the court awarded to the client.

The client has now received into his own bank account the 25,407€, so not only has the contract been declared null and void, but the client also has received his original purchase price plus double the deposit paid. As far as this particular client is concerned his journey is over and he is totally timeshare free.

So it is congratulations to the client and especially to the Lawyer Oscar Salvador Santana Gonzalez who prepared and conducted the case and also to Jasmin Erhard the Claims Consultant who helped this client through the case.

The next case is against Airtours and this is a very surprising case, again brought on behalf of a Norwegian client by Canarian Legal alliance.

What makes this case different from all the others is the time it has taken, CLA filed the case on 9 July 2020, within 2 months the case was heard with the sentence just being issued. It transpires that the Judge sitting at the Court of First Instance number 13 of Las Palmas decided that there was no need for a full trial and proceeded to deal with the case at the pre-trial stage.

This does appear to becoming a very common occurrence, with more and more judges deciding that full trials are no longer necessary. This can only be good news for clients with cases pending, let us just hope that more and more judges do the same.

In this case, the client has been awarded over 63,000€ plus legal interest and their contract has been declared null and void.

The lawyer representing the clients was Aroa Farray Martin with Claims Consultant Lotta Nielsen assisting the client.

We now move to an update on the new “claims & exit” company J Foster Associates, we highlighted this company back in September (see link below).

https://insidetimeshare.com/end-the-week-new-cold-caller/

As we stated in our previous article the company website was only registered in August, so it is only just 2 months old. We have also failed to find any company registration either in the UK or in Spain. We do know they are claiming to be operating out of Mallorca, one of the numbers is certainly +34 971 228 089 is for La Palma de Mallorca, but they also have this number +34 922 099 170 which is for Santa Cruz de Tenerife.

We have also been informed that they appear to be working with yet another company that we have highlighted in the past Claims Solutions Group of Aberfeldy along with a couple of others who we believe are Fullbrook Associates of Stirling and Meridian Associates of Tenerife.

We also know that these three companies are also working with another company we have highlighted, Carl James Associates, the articles below explain about them and it does not look good.

https://insidetimeshare.com/end-the-week-6/

https://insidetimeshare.com/end-the-week-7/

https://insidetimeshare.com/one-sided-press-reports/

Now, J Foster Associates who have been actively cold calling mainly Silverpoint clients appear to have come up with a new story which they are using to create urgency for the clients to sign up with them. As one reader put it, “it was just like a timeshare presentation, expect you to sign after a 3-hour Zoom meeting”. Talk about pressure tactics.

Apparently, the caller from J Foster Associates tells the “potential” client (I prefer victim), that 5 of the Silverpoint properties are being sold to the Ona Group and here is the most laughable part, “all proceeds will be going to the Bob Trotta Foundation/Excel Hotels to discharge any debts and claims in Tenerife”.

Apparently, this is all agreed with Alvarez and Marsal who have taken over as administrators of Silverpoint, (this is not the same as the court-appointed administrator dealing with the liquidation). It has also been stated by JFA that all this has the blessings of the Spanish authorities and they are offering “a safety net underwriting any deficit”.

What a joke, the Spanish authorities are going to cover any deficit for debts and claims, they haven’t even got enough money to keep up the furlough payments let alone “bailout” a fraudulent timeshare company.

What we do know is that Ona Group is not purchasing the properties, they are a resort management company and it is they who may, just may be taking over the day to day management role from Excel.

In another attempt to coerce potential clients (victims) with the need for urgency, they are also using Brexit as a tool. According to J Foster Associates, there is a deadline of 31 December 2020 to register the claim with the Spanish courts as once the UK leaves the EU no UK clients will be able to take a case to the Spanish courts.

This is a good pitch for urgency but it is a total fabrication of the truth, it makes no difference if the UK is in the EU or not, they still have the protection of Spanish Timeshare law. Well, Inside Timeshare knows for a fact that there are Russian clients with cases in the Spanish courts and they are not part of the EU.

Once again, this is a stark reminder that not all you are told by these “cold calling claims & exit” companies is the truth, that you should always do your due diligence first.

REMEMBER, DO YOUR HOMEWORK!

If you have received any calls from this company or any other with these types of claims, please use our contact page and Inside Timeshare will get back to you.

End the Week: Courts Roundup

It’s the end of another week and in Spain, the lockdown is beginning to ease with more people returning to work and most importantly the courts. At the moment they are not holding any trials although the judges are working where no witnesses are required to be present. Today we bring you some of the sentences which the judges have now issued for trials that took place before the closedown. We start with a very important decision from the courts in Fuengirola.

Over the years many of the timeshare companies such as Club la Costa, Diamond and MacDonald Resorts have tried to get around Spanish timeshare legislation and in the past, they have succeeded.

These companies have used on their contracts UK Limited companies with the clause arguing they are subject to UK law and the Jurisdiction of UK courts. Unfortunately, many judges for whatever reason have agreed and have refused to accept cases. But over the past few years or so, Canarian Legal Alliance has fought these moves and as we reported in the article below the Supreme Court rejected an appeal by CLC against a Malaga High Court decision that they did come under Spanish law and jurisdiction.

https://insidetimeshare.com/http-insidetimeshare-com-p5128/

Now it is the turn for Diamond Resorts (Europe) Ltd, The Court of First Instance Number 1 in Fuengirola has ruled that despite the claims of Diamond Resorts, Spanish law and courts do have jurisdiction.

In the ruling from the court, the documents (see PDF below), show very clearly the precedents set by the Club la Costa cases, with the various rulings being cited. It is now clear to all, that if the timeshare is purchased in Spain then the consumer is protected by Spanish Law. This opens the gates for many timeshare owners who previously did not have a case in Spain due to the clauses in the contract of jurisdiction. Do remember that Spain has the toughest timeshare laws in Europe, the UK, however, is lacking very far behind.

The case was brought by Miguel Ángel Melián Santana (Abogado) and Francisco Cornelia Montesdeoca Quesada (Procurador) of Canarian Legal Alliance.


Miguel Ángel Melián Santana

On Monday 1 June, the High Court Number 3 in Tenerife (this is the appeal court), declared a UK client’s Silverpoint contract null & void with the return of over 60,000€ plus legal fees and legal interest.

The claim is now being registered with the Mercantile Court making the client a “creditor” as well as being handed over to the Enforcement Team of CLA to secure the funds through property embargoes of the Limora Group. Along with this further embargoes are being sought against assets held by the ex-managing director of Silverpoint. From these proceedings, it is clear that CLA is doing whatever it takes to ensure their clients receive their lawful payments.

The lawyers in this case were Miguel Ángel Melián Santana and Óscar Salvador Santana González.


Óscar Salvador Santana González

The following day was not a good one for Anfi Sales SL and Anfi Resorts SL, the case was heard at the Court of First Instance of San Bartolomé de Tirajana, Gran Canaria. Ths court ruled that 4 contracts be declared null and void with the client to be returned over 15,000€ plus legal fees and legal interest.

The lawyer conducting the case was Adrián Diaz-Saavedra Morales of CLA.


Adrián Diaz-Saavedra Morales

On Wednesday the High Court Number 5 the appeal court of Las Palmas GC, confirmed the original ruling made at the Court of First Instance against Anfi, yet again.

The contract was declared null and void with the court awarding 152,345.38€ plus by way of a fine a further 26,743.68 for the illegal taking of payments during the statutory cooling-off period. This happy German client is now timeshare free and 179,088.68€ better off.

This client was assisted in the claim by the senior German Consultant Jasmin Erhard and the lawyer Eva Guttiérrez.


Eva Guttiérrez

This morning another German client of CLA has just received their sentence from the courts in Fuengirola against Club la Costa. The court declared the contract null and void and awarded the client 10,100.85€ plus 15,782.03€ by way of a fine for the illegal taking of deposits within the cooling-off period giving a total of 25,882.88€

The client was assisted once again by Jasmin Erhard with Óscar Salvador Santana González who was in charge of the case.


Jasmin Erhard

So it is congratulations to the happy clients and a very big well done to the team at Canarian Legal Alliance.

That is all for this week, hopefully Inside Timeshare will be running back to normal next week, in the meantime have a great weekend and stay safe.

Another Suspicious Company Emerges

Welcome to another edition of Inside Timeshare, yet again another new company has emerged and is already contacting timeshare owners. The problem is that there is no record of this “company” registered in either Spain or the UK, despite the fact they show a CIF Number (Spanish company registration) on the website CIF B-831920-D. The problem, this is not a genuine CIF Number, it is not even close to being a NIF or DNI number.

The “company” is called Canarian Consumer Alliance, or CCA, yes, it could be confused by some as being part of Canarian Legal Alliance but has nothing to do with the genuine law firm which is at the forefront of timeshare litigation in Spain.

According to the website they were established in 2009, and claim to have “over a decades worth of  experience in protecting the rights of UK consumers in Spain.” Yet, according to the website registration, it was only registered on 2 April 2020 and is due to expire on 2 April 2021, so it is only registered for 1 year. This does appear to be very strange for a company that claims it has been running for over 10 years!

http://www.canarianconsumeralliance.com/

As for the registration itself, the actual owner of the website is hidden with the site itself being registered by proxy through J Murray Solutions, which is a Business IT Support & Service Provider apparently based in Tenerife. No company registration for this company has yet been found either in Spain or the UK.

They do give two addresses with a telephone number and email address.

Canary Islands

Calle la Palma 14 38003 Santa Cruz de Tenerife España

London

7 Bell Yard London WC2A 2JR United Kingdom

Telephone 0203 656 5465

Email [email protected]

The Tenerife address is a main shopping street in Santa Cruz de Tenerife and no office can be seen. The London address is just off Fleet Street and right next to The Royal Courts of Justice, giving the impression they are a legitimate firm at the heart of the legal world.

It should also be noticed that there are a series of logos of official bodies on the website, these cover the Ilustre Colegio de Tenerife and Madrid and for various associations of Asesores Fiscales. Obviously these have been placed to give more credibility to the “company”.

In the News section are just 5 items, with 2 using the name of Canarian Legal Alliance and obviously taken direct from the CLA website. One article about Diamond is word for word the article published by CLA back in March so confirms that it is a “cut & paste” job.

Just going by this scant information, it is clear that this “company” is in it for the short term and should not be trusted. After all, if they were genuine, why would they use a fake CIF Number, have the website registered for 1 year only, not be registered as a company and to cap it all stealing articles from another company without permission or giving any acknowledgement of use.

So the question now remains of who is behind this “new scam”?

If you have been contacted by this “company” Inside Timeshare would be pleased to hear from you, please use our contact page and let us know what “deal” they are offering.

Once again this does reinforce our advice that you should do your homework before you engage with any company that cold calls.