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Canarian Legal Alliance: Benalmadena Office Interview

While attending a meeting on the Costa del Sol, Inside Timeshare took the time to drop in on the new office in Benalmadena Costa of Canarian Legal Alliance. The office manager and senior consultant Sean Thacker was very kind in spending some time explaining what they do and answering a few questions.

The office itself is situated in the center of Benalmadena Costa, a stones throw from the wonderful Parque de la Paloma and the Aquarium Selwo Marina.

It is a modern and spacious office with facilities for conference calls, with a relaxed atmosphere, which will certainly put potential clients at ease.

The Benalmadena Office of CLA

Here is what Sean had to say.

Inside Timeshare.

As we know Canarian Legal Alliance has had a presence in Gran Canaria for many years, the Benalmadena office is a fairly new branch, when did you open and why was this location chosen?

Sean: This office opened in April of 2017, the main point was we understood there were many clients who took vacations on the Costa del Sol, especially as this area is full of resorts associated with timeshare. It was felt that many of these owners would be interested to learn more about their rights and how the judicial system can protect those rights.

In the light of the publicity surrounding the timeshare industry, we believed they would be more comfortable in visiting our office and discuss their concerns in person. The other advantage is we are also able to offer the many mainland European clients who opt for driving holidays a genuine service.

IT: Have you had many clients just walk in seeking advice about their timeshares and what has been the main concern of these clients?

Sean: Yes, we were very surprised at the number of clients who passed and came in for some general advice. We offer this advice free of any charge, explaining the law in Spain and what their rights are under the Spanish Timeshare Laws.

One of the main concerns was the mounting rise in maintenance fees, along with no availability, especially for the points and floating week owners, yet they were increasingly seeing that they could book online in the high season considerably cheaper than what they pay in fees. Another concern was where clients purchased on a rental basis yet they received no rental income.

IT: Are most of your enquiries made by telephone or do you receive more via email?

Sean: Our clients, apart from walkins, are mainly via enquires from the internet or social media and we now find we have a major source from our current client referrals to other owners or even friends and family.

IT: What has been the main nationality of the clients or have they been from all over Europe?

Sean: We deal with clients from all of the major countries, UK, Germany, France, Spain, Belgium/Holland, Scandinavia and we have now found over the last 3 months a big increase in Finnish clients who are interested to understand their rights in Spain.

IT: As you said, many of your clients are now from Finland, which timeshare company has figured the most with these clients and what type of products have they purchased?

Sean:I notice that most of our Finnish clients predominantly purchased with Silverpoint / Excel, The Company Participation Schemes seem to play a major role in most of the purchases.

IT: You mentioned the Company Participations Scheme sold by Silverpoint, would you say that these are now becoming more numerous than the old “investment packs” that were being sold originally?

Sean:Yes, there seems to be a switch from the old investment packs to Company Participation which suggests that companies are trying to look for alternative sales tools to offer to clients while always trying to circumnavigate the Spanish legal system.

IT: How do the “Company Participations” differ from the original “investment packs” and would you say that the average amount spent by purchasers is much higher than before?

Sean:The biggest difference is that customers thought they were buying an apartment as freehold. But they bought between 8 to 52 timeshare weeks, these “apartments” are “registered” as SL or limited companies, this is another ploy to remove them from the strict timeshare laws. On this point, in a recent case held in Tenerife, Silverpoint admitted in court that The Company Participations are timeshare. We are finding that our clients are spending anything between 37,000 and 250,000 euros per purchase. That is a huge amount for a product which is essentially timeshare.

IT: Would you say that most clients are nervous about taking legal action and how do you overcome this?

Sean: Everyone is always nervous in the first place to take any legal action, especially in a foreign country, the most important aspect of our work is to make sure we offer full support and transparency in how the process works, then guide the clients step by step through the whole process. It is important at all times we never apply any pressure techniques. This process is totally in the client’s hands, we are a support vehicle for them.

IT: We know there is always going to be bad press on the internet, much of it made by the industry, which will make prospective clients sceptical, so how do you overcome this problem?

Sean:Bad press is something we deal with daily, it proves to me that we do our job correctly for our clients. If you take the record of CLA and the number of case victories including over 129 Supreme Court wins, this shows to our clients that bad press is the only option certain industry members have. I personally will always go through with clients all good and bad press so they feel comfortable, as I mentioned earlier, transparency is the key .

IT: Roughly, how many cases do you think you have taken on since opening this office and would you say that those which have been to court have lived up to the expectations of your clients?

Sean: Since opening, we have delivered over 500 cases from the mainland office alone, all our client’s expectations have been surpassed using the correct Spanish Laws. Our clients who have had their cases heard have received back the full purchase price, including double the deposit paid within the 14 days cooling off period, in some cases, this has been extended to 90 days, which then doubles any amount paid within that period.

Thank you Sean, you have explained what you do and how you work with your clients, I’m sure that anyone coming into this office is going to be put at ease and be given the facts.

The Benalmadena office is certainly following the success of their parents in Gran Canaria, no doubt we shall hear more of them in the future.


Sean Thacker indicating a Supreme Court ruling against Silverpoint

Sean also pointed out that Diamond has several resorts in the area one is their flagship Sahara Sunset. Diamond has also had rulings against them from the Supreme Court, Inside Timeshare published this in December 2018. Below is a PDF of that ruling.

In another court case, this time held at the Court of First Instance in Barcelona, Restotel SA, MedHotel Group SL and ONA Group (Club Dorada SL), were found to be in breach of the timeshare laws. The contract was declared null and void with the client being awarded 112,724€ including double the deposit paid within the cooling off period. Below is a PDF of that ruling.

Inside Timeshare has highlighted the great results achieved by Canarian Legal Alliance in Gran Canaria for several years now, including all the Supreme Court rulings. Even though the facts speak for themselves, the industry is still in denial, they will not admit they are losing. There are still false statements about Canarian Legal Alliance being posted on the internet, much of it we know is from the industry itself, but the facts are these cases are in the public domain and cannot be denied.

Below are two links to previous articles published by Inside Timeshare on Silverpoint, to find more use the search box on the website.

If you would like further information on this article or any other published, use our contact page and Inside Timeshare will get back to you.

Friday’s Letter from America

Welcome to our weekly Letter from America, this week we have another “Nightmare on Timeshare Street” from yet another veteran, this now makes 99 who have been in touch with us. In this article the Sherwood Family tell their story of their dealings with Wyndham. But first the latest from Europe.

At the Court of First Instance N1 in Barcelona, Case Number 362/2017, lawyers from Canarian Legal Alliance, presented a case against Club Estela Dorada SL, Restotel SA, Medhotel Group SL  and Clubotel La Dorada SL, which is part of the ONA Group, based in Barcelona.

The breach of the timeshare laws were the contract was in excess of the 50 years laid down by law, what is commonly known as perpetuity, plus the illegal taking of deposits within the 14 day cooling off period. It seems that the companies involved tried to bypass Spanish law through the Tax Haven of Andorra, but the paperwork did show that a Spanish registered entity was involved, which put the case directly under the jurisdiction of the Spanish Courts.

Andorra itself is an independent principality situated between France and Spain in the Pyrenees mountains, it is mostly known for its skiing and being one of Europe’s main Tax havens.

Click on the link below to open the court document or click to download.

The client has now had their contract declared null and void, and will receive the following:

  1. Purchase price          70,778.07€
  2. Deposit paid              32,973.00€
  3. Maintenance fee         8,973.24€ (this is approximate as the final amount has yet to be determined)

This is a total of 112,724.31€ (approx).

The lawyer in this case was Judith Diaz Pascual, another of the young and dynamic CLA team.

Judith Diaz Pasqual

So congratulations to the client and also to the team at CLA, they are certainly making a mark on the world of timeshare.

Now for our Letter from America.

Veteran/Active Duty Service member #99 Timeshare Trapped

The “Unfair” in Unfair and Deceptive Practices

An Arizona House Bill 2639 designed to protect consumers is opposed by ARDA.

Please voice your support for this Bill by calling and writing to the Bill sponsors listed in this article: http://insidetimeshare.com/the-tuesday-slot-arizona-house-bill-2639/

By the Sherwood Family, a Wyndham Hostage

March 8, 2019

Mr. Sherwood’s YouTube:

I am sure there are plenty of timeshare members quite happy to spend hundreds or even thousands of dollars on their timeshares every month because they are getting use out of it. However, what happens when your circumstances change? You will quickly come to regret every penny you sunk into the timeshare capable of holding the member hostage for life.

Due to health issues that have been piling up over the years, my wife and I can’t use our Wyndham timeshare anymore. I spent 20 years in the service of my country and am a 75-year-old 100% disabled veteran and retired Master Sergeant from the US Marine Corps. I also have early onset glaucoma. My wife is 71 and has had total hip replacement surgery twice in the past 3 years. Our Wyndham sales agent did not tell us about the Wyndham Armed Forces Veterans Club.

We bought our Wyndham timeshare in 2014. We used it twice a year for the first three years. It never lived up to the billing our sales reps gave it but we were happy enough. We never thought twice about handing over our money because we were getting something out of it. Unfortunately, getting old is no fun. Your circumstances can change overnight. Change may come soon after purchase or arrive years down the line. When those changes come you will be hit in the face with the reality that there is no way out of your timeshare if there is a loan outstanding. You are stuck with paying for your slice of thin air out of your social security allowance until the day you die unless foreclosed.

One of the reasons for this article is that I do not take kindly to being bullied and will not be dismissed, told to shut up and hand over my money. Another reason is that I would like as many people as possible to be aware of what they are getting into before purchasing a timeshare.

I sent Wyndham my letter from the VA attesting to the fact that I am 100% disabled. They would not accept that letter, stating they wanted proof I couldn’t travel. They requested full access to my medical history. I found this an egregious invasion of privacy so refused. I went back to the VA for a letter that stated specifically that I couldn’t travel but Wyndham would not accept this. A letter from the VA stating that I am 100% disabled and cannot travel seems more than enough for Wyndham to join the dots.

Imagine what the scenario is if you are not a senior, or a veteran, or disabled – if we are being refused, how many other people with their own reasons and issues will be refused?

Wyndham stopped communicating with me when I delinked to give them access to my medical records despite me reaching out by letter and phone on several occasions. They have now sent me to collections with Pinnacle Recovery Inc. I will tell Pinnacle what I told Wyndham; they will not see a penny from me.

To confound matters, the third Stooge in this story after Wyndham and Pinnacle; Barclays Bank, want us to pay them too. When Wyndham tried to open a credit card for us, my application was refused but my wife’s was accepted. My wife receives in income less than a thousand dollars a month but after Wyndham added my social security income, military retirement and VA compensation, they made it look like she was earning several times more than she actually did. Wyndham has charged the card several times already with fees we were not aware we would be asked to pay. Needless to say, Barclays won’t be seeing any money from us either.

My advice to potential timeshare customers; use Airbnb.

https://www.linkedin.com/pulse/10-reasons-why-airbnb-better-than-timeshare-wayne-c-robinson/?fbclid=IwAR3QPmnZYAHlyox8oNdjgru1ik7Kdb0WpPOo3vC85gqCvwJ62DUyJjp70pw

My advice to Wyndham; if you can’t listen to your customers then you shouldn’t be in the hospitality business.

Thank you to Mr. Sherwood for sharing his story. If the public knew the difficulties of getting out of a timeshare, would anyone buy one? What car, boat, home, or pair of shoes would you buy that you cannot sell if there is a loan outstanding?

Here are member supported groups we feel are not industry influenced:

We seek to provide timeshare 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/timeshareadvocategroup/

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

https://tug2.com/Home.aspx

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

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

https://www.facebook.com/groups/465692163568779/

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

Thank you to the Sherwood Family for their contribution this week, as we mentioned at the start, this is the ninety ninth veteran who have been in touch with Inside Timeshare and the other groups. It would seem that even though they have served their country, the timeshare sales agents just do not respect that fact, they just see them as easy money. Not all the blame can be placed on those sales agents, the timeshare companies must also take responsibility for allowing their staff to get away with it.

So to finish today’s article, we are still calling on any reader who has had any dealings with Meredith Pritchard and Stephen Paul Fairclough to come forward, it is your information that will help the police get the evidence to bring Fairclough to justice. Use our contact page and Inside Timeshare will get back to you.

Have a great weekend and don’t forget be vigilant when dealing with any company that contacts you or you find on the internet or advertising in any publication.