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More Trouble for Silverpoint?

It would seem the woes that are befalling Resort Properties / Silverpoint are just getting bigger. It has now come to our attention that it is the turn of the Beverly Hills Heights Resort, the news is not good for those who own at this resort, a number of apartments are now going up for sale.

We have seen the same thing happen at the Beverly Hills Club in the past year or so, where the owners were moved to the Heights when the resort was sold. It is now effectively a hotel, with the apartments available to the general public. The same has also happened to part of the Palm Beach Club, another Resort Properties / Silverpoint resort.

beverly hills heights
Beverly Hills Heights

Owners who are affected have been told they will be moved to other apartments at the heights or to the Hollywood Mirage. This seems to be causing quite a stir among the owners at this resort, many are becoming very vociferous, taking to the discussion forums and venting their anger.

Could all this be a result of the years of misselling, which is now coming back to haunt the company?

Only in first three months of this year, the Supreme Court has made five rulings against Resort Properties / Silverpoint. This is also alongside numerous judgements at the courts of First Instance and High Courts in Tenerife.

On the 1 March the Supreme Court awarded over 90,000€ which included the original purchase price, double the deposits and maintenance fees. The court also ordered that the client receive back their original legal fees and legal interest, with the contract being declared “Null & Void”.

On 6 March, the same court ruled in favour of a German client, returning over 30,000€ plus legal fees and interests, again declaring the contract “Null & Void”.

tribunal supremo

It was also announced on 21 March that the Court of First Instance Number 1 in Arona, ruled in favour of another client, awarding 44,000€ plus interest and legal fees. Then on the following day the news was broken that the High Court Number 3 of Santa Cruz de Tenerife awarded 37,308.40€ along with the initial legal fees and interest and the contract declared “Null & Void”.

Then yesterday 27 March, it was announced that the Court of First Instance Number 5 in Arona found for a British client. The amount awarded was a staggering £111,134.00, plus the return of initial legal fees and interest. Again the contract was declared “Null & Void”.

This is certainly showing that the Supreme Court rulings are being used in the lower courts, the Supreme Court has ruled on the following points:

Taking of deposits is illegal;

  • Floating weeks and Points systems are illegal;
  • Contracts over 50 years (perpetuity) are illegal;
  • Clients are Consumers not Investors.

All of this is a result of the hard work of one group of dedicated lawyers based in Gran Canaria. Yes it is those lawyers and the team which is Canarian Legal Alliance, which since the very first Supreme Court ruling in March 2015, have gone from strength to strength.

These are not just against Resort Properties / Silverpoint but also there have been many rulings against Anfi, Palm Oasis (Tasolan) and many others. These cases are also being highlighted in the Spanish press, which is having what can only be described as a field day.

http://www.eldiario.es/canariasahora/tribunales/Varapalo-Supremo-timesharing-comercializado-Canarias_0_619088490.html

CLA Logo

All we can say at Inside Timeshare is well done to the lawyers and team at CLA, to the readers beware of the companies that purport to be the ones bringing these cases, especially when they have only been formed for a matter of months. There are many of them jumping on the bandwagon, misleading you the consumer into believing they have done the job. Can they actually prove they have won these cases?

We will be publishing articles on some of these over the coming weeks, some we have already highlighted, some are very sophisticated frauds. If you are in doubt, wanting to know more and who you can trust, Inside Timeshare can point you in right direction to find the answer. Remember, doing your homework and due diligence will save you not only money but a lot of stress and heartache.

homework

Tenerife Court Rules Silverpoint Responsible for Resort Properties

On 1 August 2016, Canarian Legal Alliance announced a significant victory in Tenerife, this was against Silverpoint. The Court of First Instance in Arona ruled in favour of the CLA client, declaring their contract null & void, again the court used the recent Supreme Court rulings as precedent. (These now number 17)

contract

They upheld the fact that the contract was illegal as it was for more than 50 years, they also found other irregularities in the contract. Consequently the client was awarded over 25,000€ including maintenance fees and legal costs.

The court also ruled that Silverpoint was responsible for contracts issued by Resort Properties, this ruling puts into no doubt the courts see Silverpoint and Resort Properties as one and the same entity.

This has been a point of contention for some time, Silverpoint have always denied they are Resort Properties, that they had bought them out and were not responsible for what Resort Properties did.

The former sales manager David Taylor had consistently denied any link, even being caught on video, (see youtube link). In this video Mr Taylor states to a client that he can not do anything about the purchase made under Resort Properties. He blatantly uses the Data Protection Act as a cover, saying that under this act all records from Resort Properties are unavailable to Silverpoint.

silverpointlogo

The problem with this is the client already knows the people involved from Resort Properties, he had dealt with them before, including Mr Taylor. 

So how true is Mr Taylor’s claim under the data protection act? Not very.

When Diamond took over from Sunterra, all records of transactions and members became their property, how else could they run the club / resorts. Surely if Silverpoint was a completely new entity, not just a revamped Resort Properties, they would have had access to all members and purchases made under Resort Properties. Obviously they would need to know what has been sold and who the members are.

As the video shows, it was a ploy to make the client pay more money, the investment pitch! This company has been doing this for years, making investment promises and continually reneging on them. These investment packs have been peddled for many years and have been highlighted on many occasions, in total contravention of the rules regarding selling timeshare as an investment. Yet these companies blatantly made a fortune from this, despite being members of the RDO, yet failing to follow the codes of conduct and ethics.

What did the RDO do about this?

Nothing.

rdo-logo

Why did they not do anything as the body set up as a trade association to ensure compliance with regulations?

Simple, Resort Properties / Silverpoint are main contributors of the organisation, it is not there to protect the consumer, it is there to protect its own members. They even state on their website, they do not investigate any complaint about any member of the RDO, you must go directly to the member concerned. What type of trade body is this?

Inside Timeshare has also recently publish news that the said Mr Taylor is now working out of the York office for Monster Rewards, his new title is Senior Client Advisor, supposedly helping people to get out of their timeshare, yet ending up purchasing Monster Credits. After watching the video over and over, my feeling is how could I trust this man?

We have stated before, timeshare itself is a great concept, it is the people involved and how it is sold that is the problem. The RDO and TATOC need to be replaced, preferably by independent bodies, not beholden or financially dependent on the industry.

In the following links are the David Taylor video:

Silverpoints new website;

Summary of Monster companies;

Trade bodies and Associations.

https://www.youtube.com/watch?v=_oNdi4NT4O8

http://insidetimeshare.com/look-now-giving-timeshare-advice/

http://insidetimeshare.com/monster-credits-associated-companies-summary/

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

If you have any information about any company you have dealt with and would like to share this with others, Inside Timeshare would like to hear from you. If you have any questions about this article or any timeshare matter Inside Timeshare will find the answers for you.

SILVERPOINT COURT VICTORY

Diversified and Sunset Beach Club Additional Payment.

It would seem that since the last article 23 May 2016, that Diversified Resorts and Sunset Beach Club are still demanding a supplementary payment from members. As stated in the previous article this is due to a “one-time Spanish tax assessment”, which even a Spanish Lawyer at the time J Correa did not understand.

 

http://insidetimeshare.com/supplement-maintenance-tax-bill/

 

They apparently failed to pay tax between 2009 & 2013, which amounted to around 7million€, which was reduced to 2.9million. Members have been told they have 30 days from receiving the notice to pay, those who fail to pay will have their points suspended.

 

So, Sunset Beach Club has been fined for not declaring its incomes and applying VAT, is this not their problem and not the points members, why should they have to pay?

 

Sunset Beach Club claim that members are liable as they own a share in the property assets, as points owners, which is a right to use system, many argue that they are not liable. They have no property rights and do not benefit from any income on the property. Had they owned under the original system of timeshare, i.e. the fixed week fixed apartment system, then being logged at the land registry, then maybe they would be liable.

 

But to force members to pay or lose their holiday rights is to say the least criminal. After all they have paid many thousands for these dubious points and also pay an annual management fee. Again it is the timeshare companies riding roughshod over those who keep them in business, is this the reason the timeshare industry has such a bad reputation, losing all trust and credibility?

 

It should also be noted, that according to the many judgements of the Supreme Court, the points system has been declared illegal. The reasoning behind this is that you own nothing, you are not guaranteed anything, it is a right to use system and is subject to availability. Somehow, I wonder if the suspension of your rights to use for not paying this extra charge, could be deemed illegal? This is one for the legal eagles. Follow the link for members comments.

http://www.timesharetalk.co.uk/index.php?topic=19369.msg61107

If you require any information about any article or timeshare related matter, Inside Timeshare is here to help. If you want to know more about the legality of your contract, or if you may have a case to claim, Inside Timeshare will try to give you the best advice and point you in the right direction.