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Palm Oasis

Start the Week: Latest Court News

Welcome to the start of another week, today we review some of the legal news which was announced last week from the courts in Gran Canaria and Tenerife. We ended last week with yet another warning on calls from suspect companies claiming to be appointed by the courts to retrieve money “awarded” by the courts for cases which have never taken place. This prompted a flurry of emails from other readers who have also been contacted and were unsure if they were genuine. Thanks to Inside Timeshare publishing this warning these unsuspecting victims have been saved from paying and losing even more money. The companies named in the warnings are Solutions SL, CUC Abogados of Tenerife and Sanchez Services based in Fuengirola.

We begin with the news that Silverpoint has paid out a client and they will now be enjoying a timeshare free life with a massive 103.050.14€ in their bank account.

This is a brief rundown of the proceedings against Silverpoint:

The UK client won their case in the Court of First Instance in Arona, Tenerife, as usual, Silverpoint made another frivolous appeal to the High Court in Santa Cruz, once again using this tactic to delay and avoid paying as ordered.

Unfortunately for Silverpoint the High Court upheld the sentence of the lower court and found in the clients’ favour. Canarian Legal Alliance had already filed a provisional execution of sentence order with the court. Upon receiving the news from the High Court, CLA launched a final execution order on a Silverpoint bank account and secured the funds for their client who has now received payment.

It must also be pointed out that in the original first sentence the award was 74,584.20€, but because of the delaying tactics employed the legal interest increased the final payment.

Obviously, this is great news not only for this client but for others who are also in the same position.

Enforcement orders

Another UK client has also had their funds secured and their contract declared null and void. The funds have been secured by a cash embargo and a final execution order. The total amount this client will now receive is 61,197.25€ and also their contract has been declared null and void.

Another cash embargo was also achieved for a German client of Silverpoint, with over 36,000€ to be paid into their account.

At the courts in Gran Canaria, another UK family has had over 42,000€ secured by a court order. This was made against Palm Oasis (Tasolan) and shows that CLA is ensuring that their clients receive what they have been awarded by the courts.

In just these four the total secured is over 242,000€.

More news which will also it was announced that the Judge in The Court of First Instance, Maspalomas, Gran Canaria is now following the criteria of the other judges in Courts 1, 3 and 4, he will now dictate sentences after the pre-trial stage without the need for a full trial (unless in special cases). This certainly is good news for clients who will now no longer be required to attend the court and give evidence.

This will obviously speed up the legal process and is good news for clients, it now only remains for Court Number 2 who still requires clients to attend and submit personal evidence and be questioned by the defendants’ lawyers.

It certainly looks like the courts are no longer accepting the tactics of the timeshare companies demanding the attendance of the clients in court and also in the delaying tactics of constant and frivolous appeals. For you the clients this news shows that justice is on your side.

Start the Week

Welcome to the start of another week at Inside Timeshare, over the past few weeks we have been publishing many articles on Silverpoint, especially the move by the parent company Limora Investments Ltd (BVI) filing for liquidation. We have also published the news that The Paramount – Club Paradiso has closed their doors with many members unable to book, the website is down and no one seems to be answering the phones. We also reported on Keys Concierge having also gone into liquidation with all the staff losing their jobs, as we know the administrator dealing with the liquidation is Alex Lawson of Alvarez and Marsal working on behalf of the Trotta family.

So as you can imagine, Inside Timeshare has been inundated with emails enquiring about the legality of all the products sold by Silverpoint. The most prolific of these products and having by far the highest costs are the “Company Participation Scheme”, with purchases from 40,000€ all the way to 150,000€ plus. Just on the enquiries Inside Timeshare has received we are looking at purchases of well over one million euros, this certainly is a very big money making scheme, the question is where has it all Gone?

Courts of First Instance Maspalomas

Now for some news from the courts around Spain.

Last Friday the leading law firm in timeshare litigation Canarian Legal Alliance, announced their results for the week, with 26 victories in various courts around Spain.

At the Court of First Instance in Maspalomas Gran Canaria, there were 11 cases found against Anfi, with 2 cases at the High Court of Las Palmas being found in favour of the clients after Anfi appealed.

At the same Court of First Instance, a sentence was issued against Palm Oasis.

In the Court of First Instance of Arona, Tenerife, Silverpoint was on the receiving end of the judges, with 11 rulings against them in favour of the CLA clients.

The last was against Club la Costa in Fuengirola, where the judge again found in favour of the client.

As usual, all contracts were declared null and void with the courts ordering a total of 1,226,260.15€ A very expensive week for the timeshare industry indeed. But at the end of the day, had they sold their products in accordance with the law, then they would not be finding themselves in this position.

If you have purchased any timeshare product in Spain and would like to know if you have a valid and viable claim or would just like to know your legal position and your options, then use our contact page. We will get back to you and point you in the right direction.

Start the Week: Latest News

Welcome to the start of another week in the world of timeshare, we begin with some news being passed around various forums regarding Anfi. As we know Anfi is contacting members to change their contracts, but the latest is rather disturbing.

The change in contracts is to try and bring them within the law, the new contracts will be for a maximum of 50 years, with apartment numbers and week numbers being allocated to the floating week contracts, although they will remain “floating”.

According to information received, the new contracts will also penalise the members for “early termination” of their membership. Any early termination of the contract will be seen as a serious breach of contract on part of the member, Anfi will then apply a retrospective charge on the member for “hotel Costs” of around 350€ per night for all weeks used.

They have already used this threat to members who may be contemplating legal action in regard to illegal and missold contracts. This is also the subject of an ongoing legal argument, which has yet to be finally resolved.

Another point that has come to our attention is the number of members who have just ceased to pay their maintenance, especially with the new contracts. It is reported that around 100 members in 10 countries are about to have legal proceedings made against them for recovery of the maintenance fee arrears. Plus to have the mentioned “hotel costs” charged against them.

Another point which is irritating some of the members posting on the forums is the problem of resale. According to many posters, Anfi has the right to refuse the buyer of any timeshare sold privately. Again this is to ensure that all resales go through the resale programme, which we know is not very effective and will only command a very small resale price.

As with any timeshare advertised for sale, the price you see is what the owner believes they will get, remember, when purchased, many were under the impression they were investing in property. The sales staff openly told them it would go up in value, as we know this is definitely not the case.

So what do we make of this change in contracts and the other tactics being used?

Simple, by changing to the new contract, you lose all rights to take them to court, this is what Anfi want, after all it is costing them a fortune in payouts. (Which they will deny).

The threat of the “hotel costs” with legal action against maintenance arrears and making it more difficult to sell privately, is again to stem the tide of a significant loss of membership. This loss hits them in the pocket with reduced income of maintenance fees. After all, they are not selling like they used too, people are very wary of purchasing timeshare today.

Canarian Legal Alliance has issued some figures for the last week of January and the first week of February.

At the Court of First Instance, in Maspalomas, they had 19 (nineteen) victories against Anfi del Mar alone.

There were also 2 High Court wins in Las Palmas, again against Anfi del Mar.

Again at the Court of First Instance in Maspalomas, Palm Oasis lost 3 cases.

Over in Tenerife, The Court of First Instance again found against Silverpoint in 2 cases.

In another First Instance hearing, Club la Costa were the ones on the receiving end of a judgement.

In all a massive 27 victories against the biggest names in European timeshare, the total amount claimed on behalf of clients is over 648,000€ with all contracts being declared null and void.

CLA have also issued this video, which shows their impressive record so far, it was made at the end of 2018.

That’s it for today, join us tomorrow for a very special article, this was received by another timeshare insider after we published the article on the Florida Bill 435, tomorrow we publish Part 1.

If you need any help or advice regarding your timeshare, about any company that has contacted you or you have found either on the internet or advert in any publication, then use our contact page. We will be pleased to help.

Also if you have any comments, views or information you would like to share with other timeshare owners, then again use our contact page, we would love to hear from you.