Welcome to the end of another week with Inside Timeshare and what a week it has been, with many enquiries from readers regarding “cold calls” and some of the wild claims being made such as the “fake” claims of Club la Costa and Marriott going into liquidation. This included an update on J Foster Associates who also claim that when the UK leaves the EU with “Brexit” UK clients will not be able to take cases to the Spanish Courts, a claim that is totally untrue. We also featured Part 2 of Timeshare Contracts: Held to Ransom. Plus there were some rather interesting results from the courts. We end this week with the latest court news.
In the original judgement, the Court of First Instance declared the clients contract null and void, awarding the English client 112,724€ plus legal Interest. In this case, the client paid 70,000€ with the extra 42,724€ being made up of the illegally paid deposit taken within the statutory cooling-off period being awarded double.
It is a buyer’s right to withdraw from any contract without any financial penalty within the statutory cooling-off period, which is why it is illegal to take any payments as in the past this was used as a tool to ensure clients did not cancel.
The cooling-off period can be extended to 90 days, which will mean double the amount paid within that period if the purchaser has not been given the necessary information required by law.
In another case conducted by Canarian Legal Alliance on behalf of another English client, the High Court Number 3 of Las Palmas, GC, once again fully endorsed the judgement of the Court of First Instance which Silverpoint Vacations SL appealed.
In this case, the contract was declared null and void with the court ordering Silverpoint to repay 98,722€ plus legal fees and legal interest. Once again the court awarded double the amount paid as a deposit within the statutory cooling-off period.
This is just another nail in the coffin of Silverpoint, it also clearly shows that all the courts are now singing off the hymn sheet and applying the numerous rulings made by the Supreme Court which now number 130.
The case was conducted on behalf of the clients by Oscar Salvador Santana Gonzalez with Claims Consultant Jake Kaiser assisting the client.
No doubt before the end of the day there will be more news coming from the courts which we will bring you next week.
On Monday, Inside Timeshare will be giving an update about the ongoing case of Mrs B and MacDonald Resorts, for those who have been following Inside Timeshare for the past 4 years you will be familiar with the case.
Mrs B paid a company to get rid of her two timeshares, one at Oasis Lanz in Lanzarote, the other at Dona Lola Club on the Costa del Sol, a Macdonald run resort. Both were duly transferred to another person, no problem with Oasis Lanz, they just accepted it, not so for MacDonald’s.
They have pursued Mrs B with debt collectors and law firms for the arrears as they do not recognise the transfer. The latest news is that McDonald’s “legal bully boys” Shepherd and Wedderburn based in Scotland are now intent on taking her to court with her sister.
Both are in their 90’s and both have serious health issues, with both being virtually housebound. Yet Shepherd and Wedderburn are sending them documents of cases (6 in total) that they have conducted for MacDonald Resorts over arrears and won. If these are not tactics to scare two elderly ladies I don’t know what is. Join us on Monday for the latest instalment of this disgusting case.
Have a good weekend and take care.