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Resorts Development Organisation

Start the Week: Legal News

Welcome to the start of another week, we begin today with some legal news which was announced last week by Canarian Legal Alliance. The first is a bit of a bombshell and will probably please many Silverpoint clients who have hoped for this kind of news for many years. The second piece of news is also of great importance and will be a blow to many companies within the timeshare industry.

On 16 September 2019, it was announced via an official court notice that it has been decided to open summary proceedings against Silverpoint and its administrators. This begins the process of an investigation into possible criminal offences perpetrated by Silverpoint and the administrators and the possibility of obstruction of justice.

It was agreed by the Judge and the Justice Department that there were very “serious indications of obstruction” and that a full investigation should, therefore, be launched.

This decision to launch an investigation following the filing of many complaints by lawyers of Canarian Legal Alliance against Silverpoint and its attitude to flagrantly disregard orders made by the courts to pay back to clients of CLA the money so ordered. Silverpoint has constantly failed to honour its obligation to pay the awarded amounts at the conclusion of the cases.

Part of the investigation also involves Silverpoint’s failure to produce information required by the court regarding the embargo of assets.

In direct response to the constant complaints and allegations made by Canarian Legal Alliance that Silverpoint and its administrators “conduct is prejudicial to Justice” the State prosecutor for Tenerife has decided to act. This investigation is solely against Silverpoint and its administrators.

This is obviously regarded as a very serious matter which could have grave consequences for the accused, with up to four years in jail. These complaints are now being used in all enforcement proceedings by CLA which may also have the effect of speeding up criminal proceedings and lead to convictions of those involved.

It is now obvious that Canarian Legal Alliance is totally committed to upholding the interests of all their clients, ensuring they receive the justice they deserve.

Inside Timeshare will be reporting on this as and when further news is released.

In another case brought against Club la Costa, (Vacation Resort Limited / Club La Costa Destination Club), CLA has won a very important argument in the Malaga High Court.

In a case filed at the Court of First Instance of Fuengirola, Club la Costa argued that the Spanish Court did not have jurisdiction and could not hear the case, this is due to the fact that the contract had a UK Limited company and that it was subject to the jurisdiction of UK courts and laws. Lawyers from CLA did not agree and challenged this argument. Unfortunately, the judge at the First Instance Court agreed and would not hear the case.

CLA lawyers then urged their clients to appeal this decision at the High Court of Malaga.

The case was then heard by the appeal court who agreed with the lawyers from CLA that the case should be heard in a Spanish court and that they did have jurisdiction. The State Attorney also submitted a report which clearly backed up the view of the CLA lawyers claim and the High Court’s decision.

Many timeshare companies have used this ploy to circumvent the Spanish Timeshare Laws, so this is a resounding success as it now leaves many more cases to be brought.

Club la Costa are also members of the RDO (Resorts Development Organisation) which is the trade body for the timeshare industry in Europe. A such, Club la Costa are bound to abide by the RDO “Code of Conduct” which states in paragraph 3.5  “To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

So it appears that CLC is not only floating Spanish Law but also the terms of membership to the RDO.

CLA has also received more embargos one against Club la Costa through Paradise Trading SLU and another against Silverpoint.

This embargo against Silverpoint is just the latest in a series filed by Lawyers of CLA on behalf of their clients to ensure swift payment for their clients. This latest one is for over 30,000€ and follows a firm sentence by the High Court in Tenerife.

It is certainly becoming obvious that Canarian Legal Alliance and their lawyers are doing everything in their power to ensure that their clients receive the justice that they deserve. So to the legal team at CLA and their clients a very big congratulations.

When Inside Timeshare receives more news on these and other events it will be published here.

If you have a timeshare and would like to know where you stand legally with your contracts, please use our contact page and we will get back to you.

Anfi Hits Spanish Television News

Following Monday’s article about Anfi Sales and Anfi Resorts hiding assets in an attempt to avoid paying back money awarded to clients in the Spanish courts for the selling of illegal contracts, they are back in the news. This time it is on Spanish national television TVE 1.

They report what we already have published and what was published in El Diario, Inside Timeshare has a recording of the news item to which has been added subtitles it has also been uploaded to Youtube.

https://youtu.be/VOujAX_HS50

The lawyer who is dealing with this case on behalf of Canarian Legal Alliance clients, Eva Gutiérrez is being interviewed outside one of the CLA offices in Arguineguin, with the Anfi Resort in the background. In the interview, Eva explains the reason behind the emptying of bank accounts giving the reporter all the figures. She is also seen working on documents showing the various bank accounts.

Eva Gutiérrez

It is actually quite staggering the amounts which are in the millions of euros that are being diverted from these accounts to avoid court-ordered repayments. It is no wonder that the Provincial Prosecutor’s Office has been taking a very keen interest in this matter.

During the interview, Eva Gutiérrez also explains that CLA and their clients are urging the courts to appoint an independent administrator to oversee the accounts and the investigation. This blatant attempt we are seeing by the Anfi Group, who are also paying members of the RDO (Resorts Development Organisation) the timeshare industry trade body and governed by their code of conduct and ethics, is in the mind of Inside Timeshare possibly a criminal act.

As yet we have not seen any statement from the RDO regarding this and we very much doubt that they will even sanction them over this. So much for the trade body and their code of conduct and ethics.

This story should place no one in any doubt as to the lengths timeshare companies will go to deceive consumers, it should also remove any doubt as to the authenticity of Canarian Legal Alliance which has over the years been smeared by the timeshare industry as a criminal gang and swindlers!

Inside Timeshare knows who the real swindlers and criminals are and now so do you!

Link to the original article by El Diario with English translation in PDF format.

https://www.eldiario.es/canariasahora/tribunales/Anfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

If you own a timeshare at Anfi or any other resort and want to know what your legal options are, then use our contact page and we will point you in the right direction.

Can you Trust a Kwickchex Endorsement?

Welcome to the start of another week at Inside Timeshare, over the past few weeks we have been publishing the story of Silverpoint and associated companies being liquidated to spirit money away for the Trotta family fortune. Today we look at a company employed by the RDO (Resorts Development Organisation) who endorsed Silverpoint who at the time were major members of the RDO. In light of what we now know, this endorsement is definitely suspect.

The company is Kwikchex who we have published about on several occasions, the company is owned by Chris Emmins who as a director does not have what could be called a very good track record resigning from 4 companies, held 17 appointments at 17 dissolved companies with “alleged” debts to creditors of around £500,000. See link below for the original article.

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

Kwikchex is tasked with protecting the RDO and its members from so-called “unscrupulous” companies which threaten the industry claiming they “provide investigation and verification services that deliver accurate online information about businesses”. This is done through their website Timeshare Business Check.

According to their website they “reach out” to businesses for information on the company etc, many companies do not respond as they have no legal requirement to do so. But when this happens the entry on timeshare business check for that particular company is not what you would call positive, bringing in links to other dubious websites funded by the RDO which discredit the company concerned.

Club Paradiso Tenerife

Yet while doing this to companies which are not paying the RDO to be members, Kwikchex was endorsing Silverpoint a major RDO member and financial contributor at the time, using youtube videos of Club Paradiso members via “testimonials”. Fine, we will admit the resort and accommodation is excellent but what they have not shown is the tactics Silverpoint used to sell their products.

As we know Silverpoint sold various packages of timeshare, from packages of weeks sold as “investments” with the intention of rental income and resale at a profit in the future to the Company Participation Scheme. This particular product is a variation on the original product, the difference being the apartments are registered as companies in their own right.

These are all subject to many legal actions in the courts with Silverpoint losing at every stage, yet do we see Kwikchex publish anything about them on any of their websites? The answer is no, even though Silverpoint is no longer an RDO member.

So what do we have, a company funded by the industry endorsing a company that has for years been making millions from consumers with false promises and very dodgy products, while on the other hand attempting to discredit any other company that is not an RDO member yet is there to help consumers?

Can you the reader believe any information from Kwikchex or Timeshare Business Check in the light of this?

Somehow I don’t think so, the whole point of Kwikchex, Timeshare Business Check and the “Timeshare Task Force” is to protect the industry while all the time allowing the industry to continue with the same practises which have resulted in so many court cases with contracts being declared null and void and the consumer receiving back their money.

It must also be pointed out that none of these organisations has published any information on silverpoint liquidations or the fact that Club Paradiso is closed and no one knows when it will be or even if it will be reopened to members.

One thing is certain, these companies and the industry is very adept at convincing you the consumer that only they are telling the truth while placing doubt about any other company that is not associated with them. The upshot is you the consumer has nowhere to turn, the advice you will get is industry propaganda and weighed in their favour rather than yours.

Links to Kwikchex published testimonials authenticated by Kwikchex.

If you have purchased any Silverpoint product and want to know where you stand legally with your contract, use our contact page and Inside Timeshare will point you in the right direction.