Browse Tag

Puerto Calma

More Bad News for Puerto Calma & A New Company Appears

Yesterday Inside Timeshare published the story of the refugees being housed at the timeshare resort of Puerto Calma in Gran Canaria. The article focused on the complaints by members who are rather disgruntled at the fact they are still required to pay maintenance even though the resort is closed to them and they are unable to use it. Today we begin with yet another blow to Puerto Calma and a recent High Court decision against them. We also highlight another new company that has just appeared on our radar, the company TSE Management Ltd also makes some very wild claims on their website.

First, we take a look at the latest court case against Puerto Calma.

The case was originally heard at the Court of First Instance Number 4 of San Barlelomé de Tirajana, where the court declared both contracts null and void along with repayment to the client of over 35,000€ plus legal interest.

The companies appearing in court were Holiday Club Canarias Sales Marketing SL and Holiday Club Canarias Resort Management SL, who then launched an appeal against the judgement with the High Court Number 5 of Las Palmas.

Once again the court endorsed the original sentence and dismissed the appeal, the judges confirmed that the contracts were null and void and confirmed the repayment to the client including double the deposit illegally taken within the statutory cooling-off period.

The case was brought on behalf of the Swedish clients by Canarian Legal Alliance with the Lawyer Eva Gutierrez preparing the case and presenting to the court on behalf of the client, with Claims Consultant Michael Gadman assisting the client in the process.

For years Holiday Club along with many other timeshare companies have flouted the laws enacted on 5 January 1999 to protect consumers. The main points of the contracts being illegal are the taking of deposits or any payment within the cooling-off period, the duration of the contracts being over the 50 years allowed by law and the use of floating weeks and points systems which also includes many fractional purchases.

Those clients who have taken these companies to court have not only had their contracts declared null and void thus removing the liability of the annual maintenance fees but also the return of the full purchase price.

We now move to the latest company to come to our attention, TSE Management Ltd, Company Registration Number 12899466. Their registered address is:

27 Old Gloucester Street London WC1N 3AX

The company was only registered on the 23 September 2020 so is just only 2 months old. The registered director & secretary is Sam Haggerty and this is his first appointment.

https://find-and-update.company-information.service.gov.uk/company/12899466

https://find-and-update.company-information.service.gov.uk/company/12899466/officers

They also do not show any telephone number or email address on their website:

https://www.tsemanagement.co.uk/

Which was only registered on 23 September 2020 and is set to expire on 23 September 2021, so another company has just been registered with a website the same age, yet according to their about page, they have been:

“helping with clients property requirements throughout Europe since the early 1990’s, originally established in Brighton the new TSE HQ office finds itself based in central London”.

They also claim on their website that they “won a legal battle against Club La Costa”, apparently this was in May 2020, a full 5 months before the company was registered!

Now they do not say how they won this case, but if it was in court, then the client must have signed up for the case at least 2 years ago, well before they were registered. After all, we do know that Club la Costa does all they legally can to delay hearings, from claiming no jurisdiction of Spanish courts to constant appeals to the High Court and Supreme Court.

We also know for a fact that CLC will not payout voluntarily, they delay payments which have even been ordered by the courts.

TSE Management also shows on their website the Trustpilot logo and five stars, well, again for a company that has only been registered for 2 months that is quite an achievement. Yet when checking the company with Trustpilot, they are not even registered with them.

Now if this information is not disturbing enough it is their approach which has us worried, according to TSE Management, they have been appointed by the Courts in Malaga for a Club la Costa case that has been “stuck” in the courts since 2016. Now we have to ask how do they know there is a case “stuck” in the courts after all the courts do not appoint any third party company or law firm to make contact with “victims”.

If you have been contacted by TSE Management, then please use our contact page and let us know what you have been told.

Do you want to know more about your legal rights with regards to having your contract declared null and void plus the return of your full purchase price? Then please contact us and Inside Timeshare will get back to you.

BEFORE ENGAGING WITH ANY COMPANY THAT CONTACTS YOU REMEMBER

Refugees, Maintenance Payments and Members Complaints

Over the past months, we have all been having to cope with various restrictions, from lockdowns, working from home or just plain out of work. The tourist industry in the Canary Islands is suffering exponentially, bars restaurants are closing down permanently and many people have lost their livelihoods. Almost all the hotels are closed and the ones that are open are limited in capacity, this has resulted in many workers being laid off, from the kitchen staff, bar staff, waiters, reception and the cleaners, not knowing when and if they are ever likely to get their jobs back. In all this we have timeshare owners who have paid this year’s maintenance yet have not been able to travel, this is causing some anger among owners/members.

This article has been published because of many comments on social media from timeshare owners/members complaining about refugees arriving in Gran Canaria and being placed in hotels and timeshare resorts.

Puerto Calma, a timeshare resort which is part of Holiday Club and located in Puerto Rico is one of those resorts that the Red Cross has taken over for the housing of refugees. These people have been brought ashore by the Spanish Maritime Rescue Service and received at the small fishing port of Arguineguin.

Tents have been set up on the dockside where all the refugees are processed and tested for Covid, the conditions are what can only be described as very very basic indeed. Once those tested have been given the all-clear they are then removed to one of the hotels where they are assisted by the Red Cross workers and other NGOs.

The Dockside at the port of Arguineguin

But the tone of many owners/members has been one of complete indignation that “their” resort is being used for this purpose. The complaint is we have paid the maintenance but are unable to use it, yet these people get the run of the place.

Inside Timeshare agrees that resorts need to ensure that members who have paid maintenance fees and have been unable to use them are compensated and that it should be fair without any conditions.

We say without conditions as we have seen with Anfi that is not the case, in order to save the week paid for and receive a voucher for future use, members are being told they must first sign the new contracts. This is extortion and if you don’t sign you lose the week.

Port of Arguineguin, Red Cross tents and portaloos.

On the other hand, Calvin Lucock the CEO at Puerto Calma did explain to members about the use of the resort for the refugees. He also explained that this has helped to keep staff employed who would otherwise be out of work. See the PDF of his post below from 16 September.

He has also stated that as the Red Cross, EU and the Spanish Government are funding the refugees stay at Puerto Calma, he states will give the club a surplus next year which will result in a reduction of next year’s maintenance fees.

Yet the mood on the Puerto Calma Fb page is one of hostility towards management and the refugees, many of the comments are, to be honest, downright disgusting. They show a lack of humanity and harp on about “their apartments”, “we own them, who gave them the right to use it”.

Inside Timeshare, although sympathises with timeshare owners having to pay maintenance for weeks they are unable to use, I have nothing but respect for Calvin and contempt for those members who have not shown an ounce of humanity, but personal greed.

This is a crisis which involves real people, the Canary Islands do not have the resources to cope with this huge influx, but thanks to many hotels and resorts here, these people have at least a decent place to stay until arrangements have been made to process them and move them on.

News from the Courts

Inside Timeshare has received the following information from Canarian Legal Alliance, going by this news they are certainly having a very busy time.

By the end of last week, 9 November they had 31 pre-trials or full trial in the Spanish Courts, these were on mainland Spain and the Canary Islands. They also filed 44 new cases with the courts, so the judges are going to be busy for a long time yet.

They also last week received sentences in for the following:

  • 4 against Anfi Del Mar at the Courts of First Instance
  • 1 at the High Court, again against Anfi Del Mar
  • 1 against Silverpoint in Tenerife

In total they recouped over 206,000€ for their clients plus all the contracts were declared null and void, leaving the clients timeshare free.

Court of First Instance, Maspalomas

It is also becoming more common for the judges at the courts in Gran Canaria of not sending the the cases to a full trial, but issuing their sentences after the pre-trial. It was also announced that one judge in Tenerife has also followed suit and will not be sending the case for a full trial, but will issue his judgement in due course. This is obviously speeding up the process and is good news for the clients.

This week has also started on a good note with judgements issued on the following dates:

12 November

In the Court of First Instance in Maspalomas there were two against Anfi, again no trial but issued after the preliminary hearings, the first was issued 1 month after and the second was issued in just 7 days. The clients are to receive over 112,000€ and 31,000€ respectively.

In the High Court in Tenerife, Silverpoint were on the receiving end with the order to return over 15,000€ to the client and the contract being declared null and void.

On 13 November, again after a pre-trial the judge ordered the return of over 23,000€ and a German client will receive back over 103,000€, both Anfi contracts have also been declared null and void.

Anfi once again have been on the receiving end of 2 more judgements at the Courts of First Instance in Maspalomas, the infringements of the timeshare laws were perpetuity and floating weeks. The first client has been awarded 0ver 53,000€ plus legal interest. In the second this client has been awarded over 45,000€ which includes double the deposit paid, plus legal fees and interest.

Another timeshare company was also ordered to repay over 36,000€ plus legal interest for a perpetuity contract. This contract with Puerto Calma was also declared null and void.

So there are some very happy ex-timeshare owners, who will be celebrating this week.

Canarian Legal Alliance also announced this week they have broken another record, they have received their 300th sentence against various timeshare companies so far this year, with still just under two months left to go. This is double the number they achieved last year and equates to more than 1 a day. The total amount awarded in these sentences is a staggering 10.8 Million Euros.

This is just for timeshares sold in Spain that have infringed the now strict timeshare laws, for clients of timeshares purchased elsewhere in the world there is another branch to CLA, this company is called CLA International FZE and their head office is located at:

The Fairmont Dubai, Office 508, Sheik Zayed Road, Dubai, U.A.E.

+9714 311-6657

FAX:+971 4332 8810

[email protected]

https://clainternational.ae/

With branches spread around the world and a network of International Lawyers who specialise in timeshare litigation, they are opening the doors to many more timeshare owners who are in need of specialist help. Obviously with the success of the Spanish lawyers it will not be long before we start to see this spread to success in other parts of the world.