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Silverpoint Vacations SL

End the Week: More Court News

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.

At the High Court Number 11 of Barcelona, it was the turn of the Ona Group to be on the receiving end of an appeal being dismissed and the judgement of the Court of First Instance being upheld.

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.

The Lawyer conducting the case was Eva Gutierrez of Canarian Legal Alliance with Claims Consultant Jake Kaiser assisting the client.

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.

Court News: Silverpoint Appeal Dismissed; Anfi Lose at Pre-trial

Yesterday Inside Timeshare published the article titled One-Sided Press Reports? This was following the article by Andrew Penman of the Daily Mirror about a court case against Carl James Associates being brought on behalf of a client by Club La Costa. The case revolves around an “exit” of a CLC membership Carl James was supposed to do for a client at a cost of £4,200. Although the client had not signed any contract and wanted to terminate the service, they were told they were in breach of contract and would not receive a refund. The way the story was put together all blame was placed on Carl James for their behaviour, yet as our article pointed out Club La Costa along with other timeshare companies are the main reason these “exit” companies exist. Inside Timeshare has already received many emails arguing the same thing, isn’t Club La Costa just the pot calling the kettle black!

Today we bring you the latest news from the courts in the Canary Islands, we begin with a very good result for one English client of Silverpoint Vacations SL.

The High Court Number 3 of Santa Cruz de Tenerife has once again dismissed another appeal by Silverpoint and upheld the ruling of the Court of First Instance of Arona. The judges confirmed the original sentence and declared the contract null and void.

The court has also ordered Silverpoint to repay the client over 45,000€ plus costs and legal interest. Both courts also followed the Supreme Court rulings and ordered the payment of double the amount of the illegally taken deposit. The law clearly states that it is illegal to take any form of deposit even by a third party within the statutory cooling-off period which is 14 days.

Due to the situation regarding the liquidation of Silverpoint, this case will now be submitted to the Mercantile Court for the recovery of the funds to the client.

The client was represented by the Canarian Legal Alliance lawyer Miguel Angel Melian Santana with the Claims Consultant Jake Kaiser assisting the client with translations.

The next case is against our old friends Anfi in Gran Canaria, the case was heard at the Court of First Instance of San Bartelomé de Tirajana Number 3, where the court declared the contract null and void.

Other infringements of the law included the contract was longer than the 50 years duration allowed by law and it contained floating weeks which are also illegal. There was also the taking of an illegal deposit within the statutory cooling-off period. Anfi has now been ordered to repay over 14,000€ plus legal interest.

This case was heard in record time taking only 10 months and considering that the courts were closed for almost 4 months. It is also a case where the judge deemed that no trial was needed and issued his verdict after the pre-trial. This has become a very common practice at the Courts in SBT, let us hope that other courts begin to follow suit.

The Swedish client, in this case, was represented by Lawyer Oscar Salvador Santana Gonzalez and assisted by the Claims Consultant Michael Gadman.

There has been more news arriving from the courts this morning but they have not yet been released, these are just some of the cases being pursued by CLA, on their website under News, Facts & Figures, they have what they call a “dashboard”.

This is updated to give accurate figures of the number of cases, the potential amounts being claimed along with the amounts already paid as well as other interesting statistics.

So far the total amount of cash payouts and transfers to clients is a staggering

45,597,898.73€

At Present CLA has 3342 clients and 1951 live cases at court, no wonder the courts are so busy!

To see the full facts and figures follow the link below.

If you would like to know if you have a valid and viable case in the Spanish courts, please use our contact page and Inside Timeshare will get back to you.

Catching up with the Courts

Today we play catchup with news from the courts, although August is usually quiet as it is the annual closedown, there have been some surprising sentences issued. These are judgements for trials and appeals heard up to several months ago but have now only just been released. We begin first with news from the High Court Number 3 of Santa Cruz de Tenerife.

This case against Silverpoint Vacations SL was originally heard in the Court of First Instance where the judgement was in accordance with the rulings of the Supreme Court. The contract was declared null and void and the client was awarded back their full purchase price.

Silverpoint then lodged an appeal against the sentence with the High Court which is their legal right. But as we know not just from Silverpoint cases but virtually all timeshare companies will appeal to draw out the process.

The High Court once again affirmed the decision of the Court of First Instance and dismissed the Silverpoint appeal. They confirmed the contract was null and void plus confirmed the award of 33,350.32€ plus legal costs and legal interest. The court also awarded the client compensation for the illegal taking of deposits within the Statutory Withdrawal period.

In this case, the English client was represented by the Canarian Legal Alliance Lawyer Eva Gutierrez with Claims Consultant Jasmin Erhard looking after the client.

The case will now be sent to the Mercantile Court in order to recover the funds. This, as we know, is due to the fact that Silverpoint is in the process of liquidation. It should also be pointed out that many former managers are under investigation not just civil proceedings but possible criminal charges as well.

These cover not only the investigation into the “illegal bankruptcy” but also cover allegations of consumer fraud, money laundering, social security and tax fraud plus not to forget the “Ponzi” type scheme of the company participations.

When the news breaks Inside Timeshare will be there with it.

Staying with the High Court, this time in Las Palmas, Gran Canaria, it was the turn of Anfi to have two cases dismissed by the court. Again upholding the judgement of the Court of First Instance.

Both clients, one English the other Danish had their contracts declared null and void and in total, they have been awarded 72,399.37€ plus legal interest. The judges also agreed that the deposits illegally taken with the cooling-off period should also be repaid back in double.

Considering that every appeal Anfi seems to make is dismissed by the High Court, which is their legal right, it is puzzling, to say the least, why they continue with this course of action. Surely they will have realised by now that they are on a complete loser!

In another case at the Court of First Instance, the court again declared an Anfi contract null and void. The English Client was also awarded 42,308.00€ plus legal interest. This also included double the amount taken for the illegal taking of deposits.

No doubt we will probably see Anfi launch yet another frivolous appeal to the High Court. So watch this space for that case in the future.

It also appears that Anfi in their futile attempt to staunch the flow of cases against them have begun another round of mailings. Once again the subject of the mailing is to “coerce” members into signing the new contact which legalises their existing one. This then takes away their rights to sue for the misselling of the original contract.

This has now been going on since June 2017 when the Special General Meeting was held for a vote on which format the contracts should take. The link below will take you to the original article.

https://insidetimeshare.com/anfi-special-general-meeting-vote/

We have also seen Anfi using the current situation of closed hotels and resorts, the cancellations of flights as an excuse to “coerce” members into signing. We published this story back in March, where in order to save this year’s unused weeks they will issue a voucher. Only if you sign the new contract!

https://insidetimeshare.com/anfi-members-complain-about-anfi-attitude/

Well, I do think that says it all about Anfi and all these timeshare companies, for too long they have treated their “Valued Members” with contempt, now they attempt to do so again even though they are clearly in the wrong.

Would you like to know if your contract is illegal and whether you have a valid and viable case?

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