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Holiday Club Finland

The Tuesday Slot

Welcome to this weeks Tuesday Slot article by Irene Parker, who introduces us to Michael Santos, but first, Monday, May 27 was a major holiday in America. Memorial Day honours veterans & soldiers who work to defend even those who may seek to do them harm. Yesterday Inside Timeshare heard from veteran/active duty service member #105 asking about unfair and deceptive timeshare sales practices. Many of the veterans who have reached out to Inside Timeshare are disabled, five from Agent Orange. We hope other members of the military will reach out to us because when buying a primary residence greater disclosure is required. We are reaching out to provide the same for veterans applying for a timeshare loan. Too many have been financially ruined because they believed false promises made by timeshare sales agents. The Free at Last Timeshare Member Support Manual is another tool in our arsenal to fight timeshare corruption.

The Free at Last Timeshare Member Support Manual

http://timesharedisputeresolution.mykajabi.com/

Offered by the Straight-A Guide Foundation

https://michaelsantos.org/about/
https://michaelsantos.org/about/

By Irene Parker

May 28, 2019

Meet Michael Santos, no stranger to struggle. Rather than succumb to despair, as many would, Michael faced his challenges head-on. Struggle is struggle. His admitted bad decisions led him to serve 25 years of a 45-year prison sentence. While incarcerated, Michael earned an undergraduate degree in Human Resources Management and a master’s degree. Now he works to serve others in struggle through education, contribution to society, and a support network of people who believe in you.  

Michael’s story: 9,135 Days in Prison TEDXConstitutionDrive 2013

I need help. I’m struggling, overwhelmed, with unending calls from infuriated timeshare members, many financially devastated because timeshare sales agents got away with unfair and deceptive sales practices. While top liars earned $1 million or more annually until eventually terminated, family after family described to me how they were lied to. Particularly painful to me are the stories of veterans and active duty service members harmed by timeshare. A timeshare foreclosure can result in the loss of security clearances.

How can I leverage my time and our team’s limited resources?

Enter Michael Santos of Prison Professors, Straight-A Guide Foundation

Continues with Aspiration, Action, Accountability, Awareness of Opportunities, Achievement, and Appreciation of Resources

In addition to offering a sophisticated platform that has been helping the incarcerated work towards release and reentry back into society, Michael teaches adversity skills. The Straight-A Guide Foundation helps 100,000 people every year, teaching people in struggle how to prepare for success.

Employing these same adversity skills, Michael Santos and I developed a timeshare self-help manual to leverage our timeshare team’s efforts, and the efforts of others experienced in the field of timeshare.

Our Free at Last Timeshare Member Support Manual also offers webinars and podcasts.  http://timesharedisputeresolution.mykajabi.com/


From left, my husband Don, me and Michael Santos

Unfair and deceptive timeshare sales practices don’t just harm timeshare members. Honest timeshare sales agents, managers, and even an executive or two have expressed their frustration over spotty and inadequate state regulation and a Pollyanna attitude on the part of timeshare lobbyists and developers insisting all is well in timeshare.

Dr Amy Gregory, PhD in Hospitality Management from the University of Central Florida and Masters in International Business Administration from the Thunderbird School of Global Management was a presenter at a 2017 timeshare ARDA World convention. She describes statistics that tell a different timeshare tale, as reported by RedWeek’s chief correspondent, Jeff Weir:

Here are some of Dr Gregory’s findings:

  • The average rescission rate is 15 per cent (which is identical, ironically, to the daily average percentage of people who buy a timeshare after a sales presentation).
  • A whopping 85 per cent of all buyers regret their purchase (for money, fear, confusion, intimidation, distrust and other reasons).
  • Forty-one per cent of buyers never thought they would regret their purchase, but they did;
  • 30 per cent were neutral prior to buying but then regretted it.

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

Wondering if there is something wrong with me, I contacted timeshare law firms and timeshare exit service providers across the country and learned that they are also frustrated with this “see no evil, hear no evil, speak no evil” media spin strategy on the part of the industry.

Two of the exit companies I contacted reported that they received 3,000 to 3,500 calls a month from people seeking timeshare relief. Both companies said they only accept as clients, less than 200 callers, as the timeshare member must meet their timeshare deceit criteria.

What happens to the 2,800 or so turned away? Even if your only option is to foreclose, thanks to the orchestrated lack of a secondary market, these members need support. As if someone broke into your home, you feel violated, alone.  Most begin their call to me with, “I feel so stupid.” I respond that I have heard from a detective who works economic crimes undercover, two counter-terrorism experts, two private detectives, a professor with a PhD in criminology, an ICE agent with an M.S. in Criminal Justice, all describing how they were duped by timeshare sales agents.

If you take the time to listen to the entire 20 minutes of Michael’s Top Ten Surrender Tips before Surrendering to Federal Prison, it’s easy to see how prison adversity skills carry over to timeshare adversity:

https://prisonprofessors.com/top-ten-surrender-tips-surrendering-federal-prison/

https://prisonprofessors.com/top-ten-surrender-tips-surrendering-federal-prison/

Michael’s Ten Tips

  1. Expect Challenges!
  2. Understand your Finances
  3. Develop a Reading Plan
  4. Journal, Write and Publish – Writing is Therapeutic!
  5. Personal Belongings – One Navy veteran charged $2,700 a month in timeshare loan payments to credit cards. He lived in fear of losing his home and had to seek advice from a bankruptcy attorney.
  6. Prepare for Communication
  7. Set Your Values and Goals and Create Timelines
  8. Create an Accountability Metric Adhering to Timelines
  9. Quadrant Adjustments Reflecting New Opportunities and Opportunity Costs Visualize/Plan/Prioritize/Execute
  10. Release Plan – Think about your day of release!

Hoping to leverage what I and others have learned, I support the Free at Last Timeshare Support Manual lending what I’ve learned to others. All proceeds from our manual are to be donated to the Straight-A Guide Foundation.  Together we will work alongside those in prison or formerly incarcerated to become Free at Last. I’m pretty sure Dr Martin Luther King, Jr. would support our borrowing his prayer.

I think it was Ella Fitzgerald who said her momma told her, “Go out and make something happen. If you’re not going to make something happen – stay out of the way!” Morgan Freeman said it another way:

These self-help groups were launched and subscribed to by doers seeking:

A way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market, and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

Bluegreen Facebook

https://www.facebook.com/groups/180578055325962/

Wyndham Facebook

New: https://www.facebook.com/groups/376743609795740/  

Sapphire Starpoint New: https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2Fgroups%2F292083584642570%2F%3Fref%3Dshare

Diamond Resort Facebook

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

Gold Key Facebook

https://www.facebook.com/groups/1639958046252175/

Thank you, Irene, and also a big thank you to Michael, we are sure that you will get plenty of support from our readers.

Late on Friday, Canarian Legal Alliance published the following results of cases over the past two weeks, these were against Anfi Del Mar, Silverpoint, Club La Costa and Holiday Club Finland. In total there were 24 sentences as follows:

  • 15 in the Courts of First Instance against Anfi Del Mar
  • 3 High Court against Anfi Del Mar
  • 2 Court of First Instance against Silverpoint
  • 2 High Court against Silverpoint
  • 1 Court of First Instance against Club La Costa
  • 1 High Court against Holiday Club Finland

All contracts were declared null and void and in most cases, clients received back their legal fees plus legal interest.

The total being returned to clients is a staggering 787,664.00€

Obviously some very happy clients but some very unhappy and embarrassed timeshare companies. Well, they only have themselves to blame!

Do you have any questions about your timeshare purchase, want to know if you have a claim or want to just get out, have you been contacted by a company offering you a service and want to know if they are genuine?

Then use our contact page and get in touch, we will point you in the right direction with the best advice available.

Start the Week

Welcome to the start of another week with Inside Timeshare, we have had more emails from concerned readers regarding Claims Assistant Bureau, a company we highlighted only last week.

As we know, this company is calling timeshare owners along with those who have had dealings with Eze Group, they claim they have been appointed by the courts to tack down owners who have had money awarded to them and is being held by various courts.

According to Harry Evans and then back up by an email from Mel Rhys, Regency Shores Holdings SL (Eze Group), have recently been in court in Tenerife. The court is now holding a substantial amount which Claims Assistant Bureau will be able to get back for you, for a fee that is.

Well we do know that there has not been any court case in Tenerife against Regency Shores, the only court case is at Birmingham Crown Court against Eze Europe Ltd, Dominic O’Reilly and Stephanie O’Reilly. That case is yet to be concluded, with sentencing due to take place in March.

Another fact is they also claim that they are backed up and guaranteed by The Portuguese Chamber of Commerce, The Bank of Spain and the High Court of Madrid.

Another reader who we spoke with was very suspicious, as the person on the phone was contradicting himself so much it set off alarm bells.  Below are the company details along with a link to the article publish on 18 February.

Claims Assistant Bureau with the company registration number 06832938, with the address:

Ty Glen, 1 Brecon Court, William Brown Close, Llantarnam Industrial Park, Cwmbran, NP44 3AB

The past two weeks have certainly been busy for Canarian Legal Alliance, with results in favour of their clients against Anfi Del Mar, Silverpoint, Holiday Club Finland and Club la Costa, in various courts around Spain.

  • 14 Victories in the Courts of First Instance against Anfi
  • 1 High Court judgement against Anfi
  • 2 First Instance victories against Silverpoint
  • 2 High Court victories against Silverpoint
  • 1 First Instance against Holiday Club Finland
  • 1 First Instance against Club La Costa

In all these 21 sentences the contracts were declared null and void, the total claim value has yet to be released, but it is believed to be very substantial.

In further news from the Courts in Maspalomas, another 8 cases have been sent for sentencing at the pre-trial stage. It appears the judges are dispensing with the need for a full trial, which is only good news for the clients. This will result in cases being concluded in a much faster manner, with payouts being much quicker.

Obviously it will not be long before other courts in Spain start doing the same thing, it is obvious now that the laws put into place to protect consumers are solid and are being enforced by the courts.

Have you been contacted by any company mentioned in any of our articles, or one that you have found on the internet or even from an advert in a newspaper or magazine?

Do you want to find out if they are genuine and not sure how to do this?

Have you been told you have a valid claim and want to know if it is true?

Then use our contact page and send us a message, we will point you in the right direction.

Diamond in the News Again.

Yesterday 23 May 2017, Canarian Legal Alliance announced another sentence passed from the Courts in Tenerife. The company in this instance is Diamond Resorts Tenerife SL, which was the sales company selling Diamond products in Tenerife.

In this judgement two contracts have been declared null & void, the first was a purchase in 2008 which came under the Spanish Timeshare Law 42/98. In this case it breached the law regarding the points system, which like floating weeks has no actual object to the contract.

The second contract was signed in 1998, so the timeshare law could not be applied, although the lawyers from CLA asked for the nullity by the civil code for the lack of object of the contract (points system).

There were also other infringements of the law which were:

  • The contract was in perpetuity;
  • There was a lack of information in the contract;
  • The withdrawal period was missing along with various other points.

In this case the client has been awarded over 28,000€ plus legal interest.

PDF of Court Sentence. (click to open)

20170523103054910

Another case they announced on 22 May, was that Holiday Club Finland (based in Gran Canaria) have been ordered to pay back the client over 36,000€ and the contract declared null & void.

Once again the Court of First Instance at Maspalomas, Gran Canaria, followed the Supreme Court rulings that deposits taken with the cooling off period illegal. In this instance the client had paid almost the whole amount within the 14 day period, the court ordered that to compensate the client the company had to pay back double the amount received.

As this article was being prepared, CLA announced another case from the Tenerife Courts, this was against that old adversary Silverpoint.

The judge in this instance found many infringements in the contract contrary to the timeshare law. Again the contract was declared null & void with the return of over 24,000€ plus legal interest.

It would seem that the lower courts are following what the Supreme Court has laid down to the letter and according to our information there are many cases still waiting to be heard.

Inside Timeshare also issues this warning, there are many firms being set up purporting to be lawyers, using these cases as a basis for duping the unsuspecting. Not every owner has a claim, with many of these dubious companies stating that they do, then all you end up doing is paying a fortune only to find the company then disappears.

If you want to know if you do have a legitimate claim contact Inside Timeshare we can check this for you. If you have been contacted by any company saying that you have a claim or that your timeshare company has been taken to court, found guilty and there is money waiting for you, then let us know before paying any money.

Be informed and stay safe, in the end you will save yourself thousands, as we always say:

homework
Now for another article from across the great lake, once again Diamond are in the frame!

Another Polo Towers Diamond Misadventure!

Not Las Vegas Again!

Result

By Neina Orrillo May 26, 2017  

It’s hard to believe a fun trip to Las Vegas can turn into a financial disaster – all over a vacation plan! After reading David Franks article about his plunge into the abyss of an eternal timeshare sales presentation, I decided to tell my story too, hoping to warn others to beware of the bait! When Diamond Resorts says “STAY VACATIONED!” they mean it in a way not expected.

I ended up at Polo Towers in Las Vegas at the presentation because I was using a “Sampler” package I had previously purchased. My niece had a dance competition so we decided to use the timeshare to stay in Vegas with our family. Since the Sampler is a trial presentation I was told I had to attend a sales presentation.

We listened to a vacation plan that was out of this world. It sounded as if it was too good to be true. It was. I fell for it, but I know I am not alone thanks to our member sponsored Diamond Advocacy Group.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

We signed up and we are living to regret it. Here is what Diamond sales agent, Janine Viraga, told us:

The timeshare would be tax deductible like mortgage interest, and the deal is so great if she wasn’t already an owner she would take the deal she was offering me.

We would receive a “free” trip but it turned out I had to pay $1000 before I could even book the trip!

I should and could easily get a personal loan like a home equity loan to refinance it to reduce the 14% Diamond interest rate.

The interest rate on what Diamond financed would be no higher than 13.99% when it turned out to be 15.99%.

When I said I wanted to take the offer back to my room and think about it, she told me that if I left before buying then she could not offer me the deal I was getting.

Here is what timeshare buyers should know that I didn’t know:

Know your cancellation period. I was never told of the 5 day cancellation policy.

I didn’t have the money for a down payment so she “talked to her manager” who decided they could put the down payment on the Diamond Barclaycard credit card and finance the rest so double interest charges.

Go to complaint sites and Advocacy sites like our Diamond member sponsored Advocacy Facebook before you buy to see how many complaints there are relative to other timeshare companies. Most car shoppers and home buyers don’t buy the first car or house they see. They comparison shop.   

Learn about availability issues. I have a hard time using the timeshare because everything is always booked. I am a nurse anesthetist, so I am not retired and cannot travel as spontaneously as someone who is retired.

We ended up buying 7,500 points for $29,305 and the balance on our loan is financed at 15.99%. Through our Advocacy Group I learned Diamond is the only major timeshare company that can’t be listed with a member of the Licensed Timeshare Resale Broker Association because the 64 members feel the restrictions Diamond places on the use of points purchased on the secondary market is more restrictive than any of Diamond’s major competitors.

When I contacted Diamond’s Advocacy Department after filing a formal complaint I was told, “Well, you signed the contract.”

I realize now I have joined a growing list of timeshare consumers who know we were sold by deceit, concealment, violation of trust and “bait and switch”.

It’s time timeshare members organize to stop predatory and aggressive timeshare sales and lending.

My Advice:

Consumers need to do their homework and don’t sign anything on the same day!

Stay Strong!

Bullying

Thank you Neina for your contribution, your voice has been added to all the others.

stop press2

As we were about to publish this last piece of news just arrived.

Following Yesterday’s article on “Clarity”,   one families story that was highlighted by Irene Parker,  has had a successful outcome.

 

Your voices are being heard, some of these companies are taking notice. One voice is never heard, but coming together they get louder and stronger.

To those owners at Los Claveles, take heart from this, your voices will be heard above the lies, deceit and bullying of the Ona Group. You have many supporters, all it takes is them coming together.

together 1

Friday: The Week in Review.

We ended last week with the ongoing story of Mrs B, now known as Mrs Price and her continuing battle against MacDonald Resorts. The article explained the events leading up to the present dispute over a “So-called” debt for past maintenance and MacDonald Resorts refusal to accept she no longer owns.

In the article “The Story of Mrs B: Open Letter to MacDonald ResortsInside Timeshare called for MacDonald Resorts to do the right thing and let two elderly and not well ladies out of their contract. It also called for them to call off the debt collecting agency Network Credit Services, from issuing threats of legal action. So far there has been no response, even though they did receive the article via email along with many others including several newspapers. The story continues.

On Monday we published an article by Irene Parker, entitled “Another US Attorney General Exposes Deceptive Tactics”. This was originally published the previous week but was withdrawn for re-writing.

colerado-seal-ag

This follows on from others she has contributed about the battles in the USA between timeshare companies, workers and owners. It explains the story of the Colorado Attorney General Cynthia H. Coffman and how she is suing Highland Resorts at Christie Lodge Colorado for deceptive trade practices in the Denver County Court. The State is also sales manager Greg Penrod and twelve other defendants.

Irene in her article also spoke about how sales agent are made to commit these practices, and were prevented from saying anything due to confidential non-disclosure agreements. She is preparing part II of this article which Inside Timeshare will publish in due course.

On this note Inside Timeshare has a message for the TCA (Timeshare Consumer Association) who published “Highland Resorts Legal News”.

Irene Parker was surprised to read such similarities from her Highland Resorts article on Timeshare Consumer Association as it so closely paralleled the article she wrote this week. The same thing happened the day after she wrote the Saldana family story. As the TCA article was published so soon after the Inside Timeshare article was published, she wondered why credit was not given to the author of the original article. This is how professional journalists do things in the US. She wondered if things were different in Europe. She is glad to see the information disseminated to a wider audience. Since she is planning on writing a second part, she wondered if TCA would like her to just send them her article so they could publish it under her name?

la-provincia   the-canary-news-views-sunshine-logo-2016-250

 

 

On Tuesday news came in about the saga that is Tauro Beach Project, La Provincia (Spanish daily paper) and Canary News (local English language paper), published the story about how much of the beach has been washed away by the sea.

Inside Timeshare has been following this story since August, when the sea flowed up the beach and flooded local homes. There is currently a huge investigation underway, which also includes the Mayor of Mogan. It is also investigating alleged corruption and impropriety at the highest levels of the Canarian Coastal Authority, the former head has already been formally charged with wrongdoing in public office and forgery of official documents. The case is already at the court of San Bartolomé de Tirajana in Maspalomas.

http://insidetimeshare.com/tauro-beach-latest-development/

Yesterday, we published the story of a company that was highlighted in September, Litigious Abogados. Since the first publication, more information has come to light, with one reader supplying vital information about how they are operating. This reader also provided documentary evidence with court papers and bank details, these court papers are almost certainly fake. Below is a “stamp” we have made in around 2 minutes just from a google image download and basic windows paint, with a little more work it could be made to look better. It is also a “stamp” not used by the courts.

jl

The week has also been a good one for clients of Canarian Legal Alliance, with several more victories in various courts.

On 14 November it was announced that the Court of First Instance in Tenerife had found for the clients of CLA against Dinastia Resorts SL. In this case they were awarded 15,950€ with their contract being declared null and void. The sentence followed Supreme Court rulings that contracts over 50 years (perpetuity) were illegal.

Yesterday 15 November, saw 2 more announcements, the first was for Swedish clients of CLA being awarded over 114,000€ including legal interest against Anfi. Again the High Court No 5 of Las Palmas found in accordance with the Supreme Court that floating weeks and perpetuity contracts were illegal. The contract was again declared null and void.

In the second announcement, again Swedish clients, have been paid out 72,885.78€ in compensation, following a recent judgement. This was against Holiday Club Finland / Puerto Calma. Again the ruling made was for the length of the contract, over 50 years (perpetuity) with the contract being declared null and void.

So an early Christmas present for some.

This again goes to show, through the hard work of the legal team at CLA, their clients are finally getting justice and the Supreme Court rulings are having a profound effect on the lower courts.

http://www.canarianlegalalliance.com/news/

If you would like any further information on articles published, contact Inside Timeshare and we will be pleased to help. Also if you have any questions about any company that you are not sure about, send us a message, we will then contact you by personal email and if we don´t know them we will help you find the answers.

 

Have a good weekend. weekend01

My Thought Today: End of October

So here we are the end of another month, we started October with news of a Supreme Court ruling which stated that “Fractional” was indeed timeshare. In this instance Puerto Calma, Holiday Club Finland was ordered to repay over £235,542.00 as they had sold it as an investment.

Then Inside Timeshare reported the news of the first prosecution in the ongoing Anfi Tauro Beach Project.  The former head of the Canarian Coastal Authority José Maria Hernandez has been charged with administrative malfeasance (wrongdoing in public office) and forgery of official documents. The prosecutor Javier Ródenas considers that Hernandez verbally authorised the works despite warnings of serious breaches then committed an act of forgery by drafting a document which was then signed by him in April. This document gave the impression that it was written in February when the work actually commenced.

Local residents build defences to protect their homes

We then published an article from Gran Canaria Info which explained recent developments into the goings on at Anfi.

http://gran-canaria-info.com/content/timeshare-law/anfi-del-mar-and-the-future-of-gran-canaria-timeshare-in-2017

This online publication is a great source of information to the expat community and visitors in Gran Canaria, it often publishes in English, news from the Spanish press.

letter from america

Moving on from timeshare matters in Europe we published a piece by Greg Crist, the CEO of NTOA (National Timeshare Owners Association) in the USA. He explained about a timeshare donation scheme which had recently been slammed by a US Federal Judge. In this scheme, owners donated their timeshares, which were valued at high amounts and then received tax relief as charitable donations. The scheme has cost the tax man around $19.4 million.

http://insidetimeshare.com/u-s-federal-judge-slams-timeshare-donation-scheme/

Greg again sent over information on what was happening across the pond, with the article about combating fraud. It was very much a month of information from the USA with articles from the Orlando Sentinel and Irene Parker on Marriott facing charges of “Racketeering”.

Irene Parker submitted another article, this time on how Barclaycards are being issued by timeshare sales staff. Irene was comparing this to the scandal of finance being arranged by sales staff in Europe without the normal due diligence being carried out. We finished the US theme with Irene´s article on timeshare and politics and how it is split between the two political camps.

The Anfi Tauro Beach project again hit the headlines with the news that the current Mayor of Mogan, Onalia Bueno has been place under investigation for licences and permissions for the project. This followed on from the first prosecution and is still underway.

Also published was an article on Trustees in the timeshare industry and whether they are independent or not. This article was prompted by several enquiries from readers, with some of the content supplied by them. legal clipart

So to finish the month, Canarian Legal Alliance announced another two Supreme Court victories on behalf of their clients. In the first to be announced on 26 October, their client will receive 11,806€ and their contract declared null and void. Again the court reaffirmed its position that floating weeks are illegal, this case was against Anfi.

In the second announcement made on Thursday 27 October,another Supreme Court ruling, again against Anfi. In this ruling the client has been awarded 19,000€ and again the judgement was about floating weeks. The contract was also declared null and void. This now brings the total of rulings from the Supreme Court in respect of timeshare contracts to a staggering 27, with more still waiting to be heard, so there is more of this to come.

Just as we were about to publish news came in of yet another victory at the Supreme Court in Madrid, this brings the total number of rulings from the highest court in Spain to a phenomenal 28, you can’t argue that this particular law firm is not doing what is says.

The latest ruling this time involves another resort, Palm Oasis / Tasolan, the court ruled the client was not provided with all the information required by law, this resulted in the court ruling that the contract was flawed. In this instance the contract was declared null & void with the client being awarded 10,608€ plus legal interest. It would seem the courts in Spain at least, are on the side of the consumer, it only now needs other countries to follow that example.

It now remains to see what November will bring, if it is like this month it certainly will keep Inside Timeshare Busy. Have a good Halloween night and enjoy the party.

haloween

Supreme Court Rule for 2nd Time on Fractional: CLA Press Release.

Late on Friday 30 September 2016, Canarian Legal Alliance issued a statement on the latest Supreme Court victories. This involved two rulings by the Supreme Court on another aspect of how timeshare is sold. (see the full release below).

 

This particular ruling confirms what many believed was in fact timeshare, but was being sold as something completely different and outside the scope of the timeshare laws, Fractional. Inside Timeshare ran an article: Fractional: What is it? Back in April.

 

http://insidetimeshare.com/fractional-what-is-it/

 

In this article it was called a “Pig in a Dress”, mainly because sales staff were promoting it as property and an investment, also as a way out of your timeshare contracts. In the article it explained what fractional ownership actually is, genuine fractional is a real estate transaction, usually by a group of people going into partnership to purchase a property outright and sharing the costs. This type of transaction would be done following normal real estate practices, it would also follow the trends of property prices, either up or down, allowing the owners to sell on the open market as normal. The other aspect is that you would know the other owners, you would then be bound with them in a contract covering; use, costs and the rules governing the sale of any given share. In the model sold by the timeshare companies, it is doubtful if you would ever meet with the other owners of your fraction, let alone know them.

pigdress
I am not timeshare, I am fractional!

In the first case to be ruled on by the Supreme Court, Puerto Calma Holiday Club Finland, had sold a so-called fractional to a client, implying that they were purchasing a share in the property. They even had the contracts signed in the presence of a notary, just to add credibility to the deal. The Supreme Court ruled in this instance this was not a property sale but did in fact come under timeshare regulations, therefore it is timeshare, awarding over £235,542 to the client. Under these laws it is illegal to sell any timeshare product (including fractional) as an investment.

 

Now remember, the First National Trust Company, who are the trustees of the Club la Costa Fractional Property Owners Club, did state and warn CLC in 2012, that fractional should never be sold as an investment. This clearly shows that even FNTC believed that fractional fell into the scope of timeshare laws. (See link below)

 

http://clcmembers.blogspot.com.es/

FNTC

The second ruling has come against another Gran Canarian operator, Palm Oasis, Tasolan SL, in Maspalomas. In this ruling the court rejected the belief that suggesting to timeshare owners they actually own a share in the property is designed to evade the timeshare laws. This then leaves the purchaser without any legal protection. The court in this instance awarded the client over 20,000 euros. They also reaffirmed that contracts over 50 years (perpetuity) are illegal.

tribunal supremo

This latest news now puts into doubt the legality of other fractional contracts sold by other operators, including Club la Costa and Diamond. Is this the start of a new round of litigation, putting another black mark on the timeshare industry.

 

The question also needs to be asked, why has the RDO not made any comment of this in the past?

 

Why have the RDO not warned their members that they may be selling another product illegally?

 

The simple answer is the RDO is paid by the industry and works only for the industry. After all an RDO member the FNTC did warn about this along time ago. Did the RDO just choose to ignore their advice?

 

CLA Press Release Friday 30 September 2016  CLA Logo

Good Afternoon

SUPREME COURT VICTORY AGAINST PALM OASIS

 

Canarian Legal Alliance is proud to be able to announce another ground breaking decision of the Supreme Court in clarifying and declaring illegal the modus operandi of Palm Oasis and resorts using similar schemes.

This company in common with, for example, Puerto Calma in Gran Canaria, in the name of timeshare sold their clients an indivisible share of a property and suggesting that timeshare laws did not therefore apply, leaving their purchasers unprotected.

 

This sentence clearly rejects the notion that suggesting to timeshare owners that they actually own a fraction of a property evades timeshare laws. Implying that the clients are, in any way, owners of the property is strictly forbidden in law

 

The justices of the highest ranking court in Spain have no doubt that timeshare law does and must apply and accordingly declared our clients contract null and void on the basis that its term exceeded the 50 year maximum. The clients were awarded over 20,000 euro.

 

With this ruling the Supreme Court has maintained their consistency in finding “in perpetuity” contracts to be illegal, just as they pronounced 18 months ago as doctrine in favor of another Canarian Legal Alliance client. Since that time we have celebrated numerous victories at all levels of the Spanish legal system and against a whole range of different timeshare resorts. Our law firm is not only the first one, but still the only one to have brought timeshare matters before the Supreme Court for discussion.

Canarian Legal Alliance is the market leader in payouts to unhappy timeshare owners with over 2 million Euros already PAID BACK to our clients. If you would like to receive expert advice on the legality of your timeshare contract do not hesitate to contact us, the law firm who made legal history in Spain.

 

CLA  wishes you all a very nice relaxing weekend

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

http://www.canarianlegalalliance.com/supreme-court-victory-against-palm-oasis/

If you need any information in this article or have any question about any timeshare matter, Inside Timeshare will be pleased to help. Contact Inside Timeshare and we will get back to you.

 

My Thoughts Today: End of September

The end of another month is upon us, one story to hit the news this month once again involved the Anfi Group, it was announced the Lyng family had sold their 50% share of Anfi to the construction and hotel group Lopesan IFA. It was reported that Lopesan paid 41.3 million euros, which does seem to be a bit of a bargain. There again, with the woes that Anfi are going through, is it surprising? There is the investigation into irregularities in licences and permissions granted for the Tauro Beach project, which is being conducted by SEPRONA, a branch of the Guardia Civil. Then we have all the Supreme Court rulings which are costing Anfi a fortune in claims. These stories are not over yet and we wait for more to be revealed.

seprona

 

 

 

 

 

 

September has also been very much an American month, with articles by Irene Parker being published. These articles show what is happening across the great lake (or the pond as our American cousins call it), starting with the Letter from America: News From Across the Great Lake. In this article Irene sent an open letter to Stephen J Cloobeck of Diamond, it was her response to his letter to members on the Apollo acquisition.

 

This was then followed by the article on resale and transfer, it included an article from Tom Tubbs, who is on the advisory board of the National Timeshare Owners Association. It highlighted a subject which timeshare owners in Europe have also experienced, that of rogue resale and transfer companies. It also explained how this operates in the US, with a new company called Timeshare Transfer Registry, they keep a check on who and what companies the timeshares are being transferred to. But as he says the “scam” still goes on.

 

In More News From Across the Pond, we published a piece highlighting the Fox News programme The Property Man: Bob Massi. He is a Las Vegas attorney with a reputation as a determined advocate of consumer rights. This was followed by an article with an update to the real estate regulations in the US.

property-man

 

 

 

 

Then there was the visit of Irene Parker and her Husband, Inside Timeshare had the pleasure of playing host to their visit. For Irene it was her first time on the island and was very much a fact finding mission for her future articles. We spent much time comparing notes and learning from each other the problems that many owners have on both side of the Atlantic.

 

During her visit, Irene met the lawyers and staff of Canarian Legal Alliance, which she has followed from the US. While meeting with one of the lawyers Cristina Batista, she was able to get the history of the Supreme Court Rulings and how it is affecting timeshare in Spain. From there she then met with the staff at the admin office who look after the clients. As she said to Inside Timeshare it was an eye opener, stating that on her return she would share what she had learnt with other colleagues battling to help owners.

2016-09-23-15-57-03

It was was not all work, and we all enjoyed several evenings with good food and company. Her last day was a trip to El Faro de Maspalomas, for a little shopping and to see for herself the Lopesan hotels. This ended with a superb lunch at a beach side restaurant. We will be publishing her articles as they appear.

 

Other articles published this month included a warning of a text message to Diamond owners. This informed them of the Supreme Court rulings, but it is not clear where they originate from, the telephone number is an untraceable “burnt” phone, linked to a facebook page with no details.

 

There was also more news from the Supreme Court with an incredible sum being awarded to one UK client. In this judgement the court stated that fractional ownership did indeed come under the timeshare regulations, it awarded £235,542 against Puerto Calma Holiday Club Finland. More announcements followed with a ruling against Palm Oasis Tasolan SL and a ruling against Silverpoint in Tenerife.

 

After an enquiry about the RDO, we published the article The RDO: Does it Protect Consumers? This article laid out what the RDO is and who it actually serves, it is a subject that has been covered in previous articles. But it is always good to republish, especially in the light of recent events.

 

So that is September, we wait with baited breath for the events to unfold during October. With all that is going on it should be an interesting month.

 

If you require any information about any article published, contact Inside Timeshare and we will find you the answer. Have a good October.

The RDO: Does it Protect Consumers?

There are many trade associations which have been setup to represent the interests of their particular industry, but also to ensure that the public / consumer is also protected. So what about the timeshare / holiday ownership industry?

 

The trade body for this industry is the RDO, Resort Development Organisation, formerly the OTE, Organisation for Timeshare in Europe. It purports to represent the interests of resorts, developers, resale companies and consumers. But there seems to be a problem, it will not investigate any of it’s own members, even when there have been blatant breaches of regulations and their own codes of conduct. (see link: Tenerife Court Rules)

 

It is well known there are many cases going through the courts against RDO members, but nothing from this organisation acknowledging the fact. Look at the RDO website, the news section carries not one word about the 21 Supreme Court Rulings made against at least 3 of it’s members. The latest being another against Anfi, a long standing member of the RDO, yet again the RDO says nothing. (see CLA links)

 

At present one law firm has over 2000 cases at various stages of preparation going to court against RDO members, again nothing from the RDO apart from denials that any infringement of the laws have taken place. In other words don’t worry boys we will put a spin on this and protect you.

 

Only recently, Holiday Club Finland and Palm Oasis (Tasolan SL) have had rulings made against them, the RDO has said nothing. You the consumer are being kept in the dark, according to the RDO the judges have got it wrong, (even when they are unanimous decisions by a panel of 12 judges). They say these cases are not genuine, they are frivolous and even indicated that anyone winning a case will be liable to pay for all the holidays taken. Hang on, have you not already paid for them with maintenance fees? (see link: RDO Trying to Scare Anfi Owners)

albert

What is the mission of the RDO?

 

To put it simply, to ensure the interests of their members are served. They state they have a code of conduct and ethics, one of which is all members shall abide by any laws in the country in which they operate. This also includes the EU Directives on Timeshare. Yet for years they have ignored the fact their own members are operating outside of the law. According to their website they have a consumer policy which allows consumers to file complaints against its members. But in another paragraph they clearly state they will not mediate in any dispute and the consumer must first try to deal directly with the member concerned.

 

The RDO has even had the audacity to complain that newspaper articles about it´s members are poorly researched. A little snipe at Tony Hetherington who highlighted several cases of the bad practices of the industry and in particular another member of the RDO, MacDonald Hotels and Resorts. (see link: A new member)

 

In the past the RDO setup “The Enforcement Programme”, this was run by one Alberto Garcia and was called Mindtimeshare. It attacked any company that was not an RDO member, while protecting any company that was. This was highlighted several years ago by one Mrs Wilson, she approached Mindtimeshare for help with a dispute against Resort Properties / Silverpoint. Mindtimeshare failed miserably, she eventually took her case to court using the services of a Canarian law firm. She won her case for being sold several timeshare weeks as an investment which failed to materialise. Mindtimeshare has since been discredited and Alberto Garcia was forced out.

 

They have also set up another initiative called Timeshare Task Force, this is being overseen by Kwikchex, a company which also runs Timeshare Business Check. Again just like Mindtimeshare it targets any company that is not a member of the RDO. They have along with the RDO made out they have a legal authority to check on any business, then if that business fails to respond to their enquiries, (which it does not have to) negative comments are placed on the website. The overall picture is they are trying to look like a Pseudo Police Force without any official mandate. The company itself is run by a man who does not have a very good track record. (see link: Kwikchex)

 

Inside Timeshare has published many articles on the RDO, each time highlighting their failure to help the consumer. Each article even suggests that an independent body separate from the industry should be setup to ensure compliance and protection for the consumer.

 

Until the RDO recognises the fact they are protecting a discredited industry, failing to act against infringements by their own members, timeshare is going to remain a dirty word. The industry only has itself to blame and at the helm is the RDO.

 

http://insidetimeshare.com/tenerife-court-rules-silverpoint-responsible-resort-properties/

 

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

 

http://insidetimeshare.com/kwikchex-chris-emmins/

 

http://insidetimeshare.com/new-member-egtbw/

 

http://www.canarianlegalalliance.com/visit-from-one-of-our-supreme-court-victors/

 

http://www.canarianlegalalliance.com/anfi-supreme-court-21/

 

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

 

More News from the Supreme Court.

The latest news from those intrepid lawyers at Canarian Legal Alliance is again hitting the papers. El Diario has published the news of two Supreme Court sentences, these are against Puerto Calma Holiday Club Finland and Tasolan SL at Palm Oasis.

 

The ruling against Puerto Calma was made for breaches in the selling of fractional ownership, the court ruled that this was not property as indicated by the sales division, but was indeed timeshare. It also upheld previous rulings that contracts over 50 years are illegal. In this case the client received a tremendous award, £235,542 plus legal fees and interest.

 

As for the Palm Oasis ruling, again it was the over 50 years contract, as yet no indication of amounts awarded have been published. These ruling are becoming a regular almost weekly event, going to show that the laws will be enforced, and the decisions made by the Supreme Court will stand.

 

http://www.eldiario.es/canariasahora/tribunales/sentencias-Supremo-timesharing-Gran-Canaria_0_562744176.html

 

In another article on their website, CLA have told the story of Mr & Mrs Grant. Their case went to the Supreme Court in July, their Anfi contract was declared null & void as per the over 50 years ruling. Mr & Mrs Grant took time out from their holiday to visit the CLA offices and personally thanked the team for all their hard work and efforts. This must have been appreciated by the members of the CLA team, who must have also had great big smiles like the Grants in the photograph.

 

News was also published on 22 September that another Supreme Court ruling had been made, once more this was against Anfi. The court again upheld previous rulings that contracts over 50 years are illegal. So another UK family have had their contract declared null & void, with an award of £31,548 including legal fees and interest being made.

 

Once again congratulations to the legal team and to all the families who have been victorious, to those waiting for their cases, be patient, the law and the courts are on your side.

 

If you have any questions about this or any other article, contact Inside Timeshare and we will be pleased to help.

 

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

 

http://www.canarianlegalalliance.com/anfi-supreme-court-21/

 

Latest News: Massive Victory for CLA Clients.

It has just been announced the Supreme Court has made a significant ruling against Puerto Calma, Holiday Club Finland.

 

Clients of the law firm Canarian Legal Alliance have been awarded a staggering £235,542 plus interest and legal fees. The contract was also declared null and void.

 

According to CLA, their clients knew they were purchasing a timeshare, but Puerto Calma tried to disguise this by stating they were buying a share of the property. This is commonly known as Fractional ownership, which apparently comes under timeshare law not real estate. The contract was signed before a notary in order to improve credibility, but the Supreme Court has stated that this is timeshare and therefore comes under the timeshare laws as laid out in Spain.

 

This will have a significant impact on other timeshare companies who sell Fractional ownership. In fact the First National Trust Company, who are the trustees for the Club la Costa Fractional Property Owners Club, did state in 2012 that Fractional should not be sold as an investment, which would suggest that even they believe it comes under timeshare laws. This ruling would seem to verify that position. (see following links)

 

http://insidetimeshare.com/fractional-what-is-it/

 

http://clcmembers.blogspot.com.es/

 

It was also announces on 19 September, that CLA had a victory at the High Court No3 in Tenerife against Silverpoint / Resort Properties. Their client this time was awarded £16,722 plus legal interest with the contract being declared null and void.

 

In this case the court followed the rulings of earlier Supreme Court decisions that contracts in perpetuity are illegal. Again this show the significance of the influence the Supreme Court is having on the lower courts.

 

So it would seem that Canarian Legal Alliance is going from strength to strength, achieving victories on an almost daily basis. The tenacity of the lawyers is certainly paying off, So congratulations the legal team and their respective clients.

champagne

If you require any information regarding this or any timeshare matter, please contact Inside Timeshare and we will point you in the right direction.

CLA Supreme court success against Puerto Calma ( Holiday Club )

 

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