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Diamond

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.

What a Cheek: ABC Legal Sends in Debt Collectors to Clients

Well, we thought we had seen everything until now, it appears that the “scammers” are now sending in the debt collectors to clients who wanted to cancel and refuse to pay or have not paid because they do not believe their timeshare contracts have been terminated. ABC Legal is the company involved and yes, it is the “crook” Mark Rowe who is once again behind it. Also, remember that Mark Rowe and several of his other companies are under criminal investigation in the UK and Spain.

Over the past few weeks Inside Timeshare has been receiving many emails on this subject. The first few were all clients who decided they wanted to cancel the services to terminate their timeshare because they felt pressured into signing and subsequently found some very disturbing news on the internet. Yet now they are being bullied into paying with threats of legal action and County Court Judgements.

Mark Rowe

The latest involves two clients who had taken on the services of ABC Legal or one of the other Mark Rowe companies, Advanced Business Consultants Legal SL and ABC Lawyers Ltd.

Both were sent letters on ABC Legalheaded paper telling them that their timeshare contracts had been terminated, both asked for proof as they had not heard anything from their respective resorts. Plus they are receiving demands for past maintenance fees and for next year.

ABC Legal refused to send any written evidence that the contracts had been formerly terminated. All they have done is refer the clients to this clause in their contract:

To clarify, by “Exit” we mean one of two things:

a) an agreement with the Resort Owner under which your Timeshare Contract is terminated on terms you approve in advance; OR 

b) receipt by you of a letter from us stating that we consider that, in all of the circumstances, including the legal context and any legal notices served, that the Resort Owner is likely to treat the Timeshare Contract in effect as if it had been terminated (though in fact it has not been formally terminated) and that in our opinion the Resort Owner is unlikely to take any legal action against you. 

Both (Name of Resort) and (Name of Resort) have failed to engage or respond to the legal notices served.

Now there is a very telling point in the second clause:

(though in fact, it has not been formally terminated) and that in our opinion the Resort Owner is unlikely to take any legal action against you.

They actually admit that the contract has not been “formerlly terminated”, that the resorts failed to engage or respond to legal notices served.

The question is what “Legal Notices”?

As we have pointed out on many occasions, most timeshare companies will not engage with or recognise these third party terminations, they will deal directly with the member only. It is also a fact that timeshare companies will pursue owners/members for arrears in maintenance fees. Many of these companies will use the services of Daniels Silverman based in Liverpool, this is the prefered choice of Diamond.

The debt collection agency employed by ABC Legal is CCI Credit Management Ltd, The CCICM Centre Snowdonia Business Park Portmadog.

It is also a fact that ABC Legal and ABC lawyers are in liquidation, with ABC Legal filling on 8 February 2019 and ABC Lawyers also on 8 February 2019.

So another question has to be asked, how can companies in liquidation employ a debt collection agency to recover unpaid invoices for them?

If anyone out there knows a good answer I would love to hear it.

So there we have it, the “Scammers” are still at it but trying to use legal means. One thing we can say to Mark Rowe, you certainly know how to rip people off.

We all hope that you end up getting your just deserts and are thrown into prison for a substantial time just for all the misery that you have heaped on the unsuspecting.

If you have been contacted by CCI Credit Management Ltd or have had dealings with any of these companies and are still receiving your maintenance bills, then please use our contact page and get in touch.