The Spanish Courts have once again sided with the timeshare consumer against the timeshare industry, this his time it is a massive achievement by the lawyers of Canarian Legal Alliance and a severe blow for Silverpoint and Beverley Hills Club. So what have they achieved now?
As we know Silverpoint has been using delaying tactics and the moving of funds in order to escape payments to clients ordered by the courts. Obviously this tactic is causing a great deal of stress to the clients who have seen nothing but deception from Silverpoint over the years, losing thousands in the process.
But that has now all changed, lawyers from Canarian Legal Alliance have secured “embargos” on 6 properties in the Beverley Hills Club, securing funds 100% for their clients. So what is an “embargo”?
In simple terms, the properties have been seized until such time the client is paid out what they are owed. In the event that the client does not receive the funds then the courts have the right to auction off the properties in order to pay the client.
Now, when you consider, that the average value of the apartments is around 250,000€ each that is 1.5 million euros secured so far. In the case of one British client, the court has awarded just around 13,000€, yet this client now has the apartment allocated to him in his purchase embargoed to secure their payment. This is going to prove very expensive for Silverpoint and indeed Beverley Hills Club.
Silverpoint along with other timeshare companies may try to move fund around to avoid payment but this latest move by the lawyers of CLA and the courts will go after the properties to secure justice for the consumer.
Beverley Hills Club is the first, CLA will be extending this to the other “Clubs” within the portfolio of resorts. They have also indicated they have sufficient documentary proof that all the companies are linked and are responsible for each other. So for CLA clients with cases against Silverpoint, this is a first and that there is indeed light at the end of the Tunnel.
This is also good news for clients of other timeshares where the company using the same delaying tactics, we already know that Anfi has had embargos placed on their accounts, how long before the properties are also subject to the same?
Do you own with Silverpoint and want to know where you stand legally with your contract, are you being contacted with horror stories that you are going to lose everything?
If you want to know your legal position and options on how this latest news affects you, then use our contact page and get the facts from Inside Timeshare.
Welcome to this week’s Letter from America, once again Irene Parker reports on further complaints received by Inside Timeshare from WyndhamCarriage Hills and Carriage Ridge owners. But first some interesting breaking news which has only just been received. Canarian Legal Alliance has announced that they have now secured embargoes on 6 apartments at Beverley Hills Club. This means that if Silverpoint do not pay the clients what the courts have ordered the apartments can be sold off to ensure the clients receive what they are owed. Further information will be published next week as Inside Timeshare receives more detailed information.
After following the 128 complaints submitted to Inside Timeshare from Wyndham Carriage Resorts owners, I am astonished by the developer’s callous disregard as to the harm timeshare is causing good people. What other product is out there that you have to pay to give back? What other industry has created another massive industry, some of the companies with questionable business practices, devoted to getting the company’s customer released from being the company’s customer? We can only hope that there is a Carriage board member with a conscience, and hopefully even some compassion, who will be as moved by these accounts as we are, especially Jeannie, David and a new report we just heard about Stephanie’s grandmother. We continue on with families 115 to 128.
Why You Should Not Buy a Timeshare in Ontario Canada
Unless Change Happens
By Irene Parker and Wyndham Carriage Resorts Owners 115 to 128
Timeshare lobbyists have been quoted as saying, “The vast majority of timeshare buyers are happy with their purchase.”
Conversely, a leading academic expert on timeshares provided her statistical data conclusions at an industry conference, as reported by RedWeek:
Dr. Amy Gregory, an assistant professor at the University of Central Florida, where she is in the third year of studying the impact of buyer regret-and-remorse on rescission decisions:
The average rescission rate is 15 percent (which is identical, ironically, to the daily average percentage of people who buy a timeshare after a sales presentation).
A whopping 85 per cent of all buyers regret their purchase (for money, fear, confusion, intimidation, distrust and other reasons).
Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 per cent were neutral prior to buying, but then regretted it.
I conducted my own research. In addition to the over 1,000 families that have contacted Inside Timeshare, just in the U.S., I contacted exit companies to ask how many calls they receive a week from disgruntled timeshare members and owners. There are many exit providers and law firms offering timeshare exit services. It’s an entire industry. Just two of them reported receiving 3,000 to 3,500 calls per month. Each said they end up with less than 200 as clients.
I also contacted members of theLicensed Timeshare Resale Brokers Association (LTRBA). Themembers I spoke with report being flooded with calls. In most cases, sellers are unlikely to break even. In 2016 I surveyed 64 LTRBA members. Most said they would not speak publically about why they would not even accept a listing to sell my timeshare points. They feared if they said anything negative, they would be sued. One of the respondents sadly explained to me:
For over 15 years now I’ve had to give the bad news to sellers that their timeshare is worth much less than they expected, but for (xx), it’s so hard for them to believe that I can’t help at all.
The most troubling is the unfairness reported by Wyndham Carriage Owners. They werepromised an “Equity $ Position” in published marketing materials, only to learn years later that what they purchased is worth far less than a lump of coal. Their “equity” position is a net loss of $1,300 a year if they can no longer use the timeshare. Wyndham did not own Carriage Resorts back then, but that does not diminish the unfairness of what these buyers are experiencing.
I speak daily with people who spent $10,000 to $20,000 on a timeshare they only used once or twice in 10 or 20 years or more, yet have paid maintenance fees year after year. In addition, a good portion of these members reported losing thousands of dollars to unhelpful timeshare listing agents and fraudulent exit companies.
We thank the 128 Wyndham Carriage Owners who have let their voices be heard. Sometimes the court of public opinion is the only court open. We are hoping next Tuesday’s article summarizing this series will reach Ontario media, consumer protection organizations, and lawmakers. Wyndham’s silence speaks volumes.
Wyndham Carriage Owners 115 to 128 Eternal Timeshare Contract
115 Valerie F
We initially bought a white week in July 2002. We had small children at the time. In 2007 we purchased an additional interval which allowed us to convert to points so we could have more flexibility booking. Our children were getting older. It had been become increasingly difficult to take them out of school for vacations in the off-season.
We have used our timeshare extensively. At first, we travelled with our children. We shared it with our extended family. Currently, we tend to travel as a couple. Although we still enjoy the property regularly, we do have great sympathy for elderly people and others whose personal, health, or financial situations have changed. Our first maintenance fee back in 2003 was $599. We can appreciate how difficult it can be for many to pay the current $1,351 maintenance fee, plus additional booking fees. We know that ill health or income changes could change our own ability to pay.
When the sales office was open, we were told that the property would appreciate in value and that we would have the option to sell, donate or will the timeshare. We were told at multiple presentations that the sales representatives were selling deed-backs from delinquent accounts and owners who had passed. We were told that if our children were not on a deed, they would not have to take it over.
We are deeply disappointed in the closure of the sales office without notice, the fact that Wyndham is not accepting deed backs on the property, and that current owners cannot even give away their intervals, even when willing to pay legal costs and provide additional financial incentives, such as maintenance fees for a year or two or additional cash. It seems ludicrous that our children and other heirs could be saddled with costs in perpetuity. A reasonable exit plan is essential. At this point, it seems that a 75% vote to sell the property may be the only way to recoup any money and save our heirs from never-ending costs. I am attaching some shots of the original sales presentation flyer from 2002.
Accompanying these promises, we received a general email in the summer of 2011 indicating that Carriage Hills owners could buy additional intervals at no cost, provided they covered the legal fees. We did, in fact, purchase an additional every other year red week with a deed of September 2011 at the cost of $600. It was not purchased from an individual owner, but directly from the Carriage Hills Vacation Owners Association. Based on this information and the above promises, we felt that Carriage Hills was taking an active role in sales of deed-backs.
116 Karen L
I have been a timeshare owner at Carriage Hills for about 20 years. My family and I have enjoyed vacationing at Carriage Hills and expect to vacation for the next few years, but I am troubled by the lack of an exit strategy. I am also frightened and not willing to accept a situation that would place the never-ending financial burden of timeshare maintenance fees on my unsuspecting heirs, who are not interested in assuming a position in this trap of owning an unsellable, worthless ‘asset’.
When I agreed to become a timeshare owner back in the late 1990s, I was led to believe that I was buying into a private resort, only accessible to a fixed number of owners and their guests. Since then, the maintenance fees have more than tripled and the property has transitioned to being managed like any other openly accessible hotel, i.e. the price to rent a room is routinely below the equivalent maintenance fee that owners are forced to pay, and these renters don’t have the never-ending financial handcuffs of timeshare ownership.
Many thanks and kindest regards,
#117 Therese B
When I bought my every-other-year red week, I’d done some research and had attended a few presentations elsewhere, as well as at the Horseshoe Resort affiliated property. I came prepared
I’d understood that these timeshares would be of more value because you get a deed and it’s yours for life (as opposed to a 30/40 year scenario). I figured that this would make them easy to sell if and when I no longer could use my week.
I recently learned that owners are on the hook for this for life. That makes the timeshare difficult to sell. You can’t even give them away.
I continue to use my ownership via RCI exchanges, and plan to do so for the next 10 years. At this point, I don’t know that my adult children will have any interest in taking on the constantly increasing maintenance fees or will even want to use the timeshares. I don’t understand why we can’t just give back our deeds to Wyndham. It’s all very fishy. Someone needs to take a good hard look at the whole thing. It’s too bad that a concept that continues to work for many is also causing such hardship for those who can no longer enjoy their vacation ownership.
Thanks for helping us as we embark on standing up to ‘the powers that be’.
Therese and Barry B
118 Tracy M
We have been owners since 1998. We had kids and used it faithfully. We are retired now and live in Florida during winter seasons. We don’t need this burden any longer. Our lives have changed.
I recently posted on Facebook for a friend to contact me if they were claiming bankruptcy so that I could dump this. I do not want to saddle my children with this anchor.
Sent from our Paradise
#119 Bruce F
I purchased in 2004 with the understanding that my “equity” purchase would be easily marketable. This has turned out to be patently untrue.
I also purchased in order to exchange with RCI properties. Subsequently, the provider was switched to Interval International — which it turns out had a very different selection of properties, excluding the ones I was able to book with RCI. Their (II) booking process was frustrating, to say the least. I was unable to effectively enjoy exchanges.
The maintenance costs (and exchange fees) have increased dramatically, to the point of making this “deal” far more expensive than just booking online. One 2 bedroom week is now close to C$2,000 with maintenance and club fees.
I have investigated selling over the years, but this “asset” cannot even be given away.
We need help dealing with this situation, and with Wyndham, who now operates the resort as their cash cow — and they also effectively control the two boards.
#120 Debbie M
I am a second-generation holder of two deeds – one each for opposite years.
As many have said, my parents were led to believe that this was an investment and sellable. This is now not the case.
My parents were able to use them while my dad was still alive. My parents put my sisters and me on the deeds at the time, which also has concerns.
Although we will continue to pay the fees and use what we can (not an easy task) we do need to find an exit strategy before our own estates would have to figure out what to do with these after we are gone and we move into yet another generation.
With thanks for your concern.
#121 Glenda B
We bought at Carriage Hills over 20 years ago and were told all the things you’ve heard from other people … much of which sadly turned out to be empty promises. Fortunately, we did resist the sales pressure to convert to points.
We mostly have used our 2-bedroom Red Weeks for RCI trading. This did bring us a number of good vacations, although it involved a fair amount of effort in searching etc.
However, our maintenance fees have nearly tripled, and RCI costs have continued to climb, while availability declined. In 2006 a class action was launched (one of several that have been made against RCI). This took six years to resolve but resulted in better access to inventory. Over time, however, there has been a noticeable decrease in availability and is getting worse.
We have wanted to exit Carriage Hills for a long time, mainly due to the expense and difficulty using the timeshare. Seeing all the ads on TUG, etc. (offering units for free), we did not attempt to list our unit, feeling it was hopeless. We purchased a studio at Pueblo Bonito in Mazatlan as a Right-To-Use timeshare in 2012, because they promised to take our Carriage Hills unit as trade-in for a lower buy-in. We specifically said we did not want to own two timeshares.
The company handling the transaction was Resort Connections. Their literature claimed they were “a full-service Equity Trade-in program” that was “owned and operated by timeshare industry veteran Freda Stemick.” They were located in Harrisonburg, Virginia [name aptly changed to Carrion Travel Connections during the process], and an ARDA member. Contrary to the arrangement we made with Pueblo Bonito, their “welcome letter” informed us they could not take our Carriage Hills unit because SVC would not allow them to own it, being a competitor.
Thus they requested a POA to handle the property, in addition to the original deed, while seeking a buyer, plus cash. (During one of many subsequent phone conversations, I think we were told they could only accept RTU properties, not deeded or Canadian.) Their fee was $599, $399 processing plus $200 resort transfer fee — but I think we did manage to get our checks returned along with our deed when they finally cancelled the transaction.
Cutting to the chase, we wound up owning two timeshares. The good news is that we can walk away from Pueblo Bonito when we get ready. The bad news is that our son, John, apparently will be forced into CH ownership when we die.
Glenda B & Paul G
#122 Lisa L
Thank you for listening to Carriage Hills and Ridge owners that want an exit strategy in place. I purchased a red week every other odd year at Carriage Hills in March 2000. I was pleased with this purchase and loved the idea of owning my vacations, using properties that were well maintained and shared with other owners. I didn’t want to stay at hotel type places. I had higher expectations.
At first, things were wonderful. I got what I paid for. Now things have changed!! Staying at Carriage Hills with people renting and paying a small amount of what should be paid for this type of property! I watched a couple let their children colour with crayon all over the stairs! Management did nothing! Dirty diapers and poop smeared on the change room floor in the women’s change room at the pool. I asked 3 separate people to stop smoking cigarettes and cannabis on the balconies and was ignored and/or sworn at! Dogs are being sneaked onto the property. I am here on site to enjoy my week. I am feeling like I need to enforce the rules!!
I am certain that these are renters. I’ve never encountered anything like this here before the units were added to the rental sites. Thankfully, the employees at Carriage Hills are fantastic!! They handled each of my concerns quickly. I truly believe though, that I’m one of the only people complaining. Since I own here, I take the rules seriously and report the issues. Renters just don’t care.
I’m very concerned about the future of this resort. I’ve loved it for many years and took pride in ownership. Unfortunately, things have changed. I don’t want to own a place like this anymore. There is no exit plan and that is very troubling. Owners can’t give it away. They can’t pay someone to take it. Owners are offering thousands of dollars for someone to take it!! This is not right. Owners at Carriage Hills deserve and need an exit plan.
Thanks so much, Irene for writing about this 🙂
#123 Eileen W
My husband and I first bought two deeded red weeks in 1998 at Carriage Hills. We subsequently bought two more weeks, an every other year odd and an every other year even. We have four children and thought they should each inherit a week. When they told us they didn’t want them, we realized they were not in a position to be able afford the weeks. We later converted our weeks to points.
We also bought an every other year timeshare in Mexico. We bought because they told us they would sell our Shell Vacations/Wyndham timeshare. That was over three years ago. We paid fees and sent our deeds off to Value Traded, but they have never been able to transfer title. So everything is still in our names and we still get maintenance fee bills.
Value Traded claims that our CH/CR resorts won’t co-operate with them and that they have been black-listed. So over the last three years, Value Traded has paid maintenance fees to us (always late, with penalties which we have covered) and we have forwarded the payments to the collection company CH/CR uses. Last year, we had a postal strike in Canada. We forwarded the invoices to Value Traded five days late (they want to receive them at least 30 days before due date) so they refused to pay. We are now in arrears and accumulating penalties (20% CH, 30% CR) on top of that to the tune of over $5000 for 2019. About two weeks ago we received what was termed a Pre-Legal notice from the collection agency.
I am retired and my husband will soon retire. We want an exit. We are heartsick to think that our points have no value after all the money we invested. We dread the next round of upcoming invoices. We can no longer afford to be paying so much money every year. To top it off, we keep getting calls with offers to buy our timeshare in Mexico but are so afraid of scams. We just don’t trust the timeshare industry any longer.
Thank you for bringing attention to the plight of owners who have bought into perpetual timeshare contracts. Many of us are desperate for an exit solution. We really appreciate your efforts on our behalf.
Eileen and Kent W
#124 James E
I just learned of your postings and extensive efforts to help timeshare owners. After reading your Letter from America, I am compelled to write to you. A little bit about me. My wife and I own 4 deeds at CH and CR and joined the Shell Vacations Points option which adds an additional fee each year. Our fees per year are now over $4,000 CDN. We are retired and on fixed incomes.
Confronting a timeshare company, individually or as a small group of individuals, is futile and a waste of time. Information about the inner workings of timeshare companies is sparse, fragmented. One feels like a spectator watching a stage magician perform unbelievable tricks when trying to understand why timeshare companies make owners miserable. I share your thoughts about complaints; that they are easily ignored and tend to be bothersome to the receiver.
#125 Brad G
Not only do I want to exit my timeshare at Carriage Hills, because I no longer reside at a location where I can make best use of the facility (we moved to British Columbia in 2005), but for several other reasons:
Annual maintenance fees have been increasing at a rate far and away above the rate of inflation. These imposed costs to owners are simply out of control and cannot be challenged. Nor can owners refuse to pay them.
The survivor clause in the owner’s agreement means that these ever-escalating annual costs get passed on to my heirs and successors in perpetuity. That’s ridiculous.
The voting structure is apparently rigged to make it effectively impossible for owners to carry any sway at AGMs.
Management hides behind privacy laws in order to stonewall any attempt by owners to self-organize.
In what sense are “owners” actually owners? They are not owners in any meaningful or useful sense of the word. Instead, they are sheep that are locked into agreements that guarantee perpetual fleecing rights for management.
Timeshares once had a value proposition to the prospective buyer in terms of the cost of vacations. In the modern age of Expedia and Trivago, timeshare can no longer claim that value proposition. Instead of providing a competitive accommodation option for the owners, timeshares are simply maintenance fee grabs for a management company that has no real accountability to the owners. This situation must be challenged.
I have been an owner for 20+ years. We converted our original weeks to points ago. First, the annual fees were quite reasonable. We used the weeks as our boys grew up. I have since divorced and really can’t use the exchanges anymore.
I’m 68 years old and about to retire. I don’t want to spend $1,500 a year on something I do not use. I would really like
I’m 68 years old and can’t use it anymore also about to retire, and don’t want to spend $1,500 / year on something i do not use I would really like to exit, however it seems impossible I do not want to give this to my boys to worry about.
I don’t mind spending some $$ to get out but I have heard that exit timeshare programs are all scams.
#127 was Simon, the first Carriage Resort owner to reach out
#128 is the owner who explained the tragedy of the Carriage Timeshare Trap.
We seek to provide timeshare members with a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market, and to educate prospective buyers.
Thank you Irene and to all those who submitted their stories, there is something very seriously wrong with the timeshare industry and Inside Timeshare calls on the lawmakers to get a grip and curb these companies with legislation, just as they have done in Spain
That is all for this week have a great weekend and join us for more news and insights on the murky world of timeshare
Over the past few months Inside Timeshare has been receiving many enquiries about two companies based in Tenerife and operated by names well known to Silverpoint clients. We refer to the Farhoud Brothers, along with their respective companies, Viking Real Estates & Consultants and Nordic Consulting Canary Islands. One thing that is common to all the enquiries is that the clients were originally sold their “timeshare products” by the Farhoud Brothers or ex-Silverpoint salesman who now work for them. So what are they now offering their “old clients”?
Firstly let’s look at Viking Real Estates & Consultants, this company was founded by Mike Farhoud around one year ago and is based at C.C. Palm Beach Local 19 Avda Rafael Puig LLuvina 38660 Playa de las Americas Tenerife. According to the website they have the CIF number B76689603.
When checking company records originally, that CIF number brought up the record for a company called Tuscan Garden SL, located at a different address, but the Administrator is one Mike Farhoud. So it looked like he was using another company to operate Viking Real Estates, although recent checks do now show the record for Tuscan Garden SL has now been amended through a change of company name to Viking Real Estates & Consultant.
No problem there, but it is when you look at the sector the company is registered to operate in is where it gets interesting. According to the records, the sector of trade is Restaurants and Food Stalls, nothing to do with Real Estate or even timeshare claims.
Surely, when a company is formed and its purpose is registered in a particular sector, it should be working in that sector, not doing something which it is not registered as doing. The question is, why is the original purpose of the company still restaurants and food stalls yet not being changed to the purpose now, real estate and timeshare claims, is there something to hide?
Let us now move on to Nordic Consulting Canary Islands SL, this company was registered on 17 October 2018, so is only just under one year old. The registered administrator is Ali Farhoud, another ex-Silverpoint salesman, who is now contacting Silverpoint clients with the promise of the return of double their money and cancellation of contracts. All for products he originally sold with his brother Alex Farhoud who is one of Nordics consultants.
One email we have received tells us the clients story, it begins in October 2017,
“when we received a letter under the door from Alex Farhoud (at that time he was working for Silverpoint), that he wanted to see us the next day”.
At the Silverpoint office, Alex probed the couple about their finances and told them he thought there would be no problem for them to afford the purchase. They looked at two apartments and decided on the one being refurbished.
Going back to the office with Alex, he explained all the possibilities open to them, that they would receive 4.5% interest until they were given the title deed, this could take around 3 years before it was ready. But once they received the deed the apartment would be rented out for them with a return of 47.5% of the rental income. Doesn’t sound too bad really!
The cost was over 240,000€, no cooling off period and a down payment of around 5,000€ with the balance to be paid as soon as possible. This was paid within a couple of months.
The next part of the story is where it now gets interesting, in around May 2018 Alex contacts the clients and informs them that Silverpoint was facing “financial problems” but there was a solution.
If they paid Alex10,000€ he would help to get their money out, they duly paid. They were also told that if Silverpoint called:
“We must not say that he (Alex) called us, but we called him”.
This couple then became very suspicious indeed, well I think most of us would with a response like that.
It must also be pointed out that the 4.5% they were to receive for 2017 due in 2018 was not forthcoming, they eventually received it at the end of 2018 after a lot of pressure on their part.
At the end of 2018, they received another call from Alex who told them:
“That they would not be getting the title deed because what they bought was (hidden?) TIMESHARE”.
But low and behold there was a great solution in the wings, Alex’s brother Ali could help them to get all their money back double plus all expenses. All they needed to do was pay over 29,000€ to Nordic Consulting, Ali’s company and all would be well.
Needless to say, the couple’s suspicions were again aroused,
“first Alex sells to us” (this “dodgy” product), “then his brother Ali will help us to get back our money”.
Well, this couple did not fall for it, they are now waiting for their court dates to be announced being represented by an experienced law firm in this field.
It must also be noted that both companies are using court documents especially the Supreme Court Rulings giving the impression that they are theirs, having seen the documents and made the relevant checks they belong to another law firm. This law firm is also the only one to have had any rulings from the Supreme Court.
This story based on email testimony is just one of around eleven received so far.
After much research in the Spanish Courts Inside Timeshare has not yet found any cases related to these companies in either the High Court or the Supreme Court. So the question is do they actually have any cases and doing what they have been promising their clients?
Do you want to know where you stand legally with any timeshare product purchased in Spain, if so use our contact page and Inside Timeshare will point you in the right direction.
Lynch begins first explains that the company EOHL (Excel Overseas Holdings Ltd) was placed into provisional liquidation on 26 March 2019, this a was put before the High Court of Justice of the British Virgin Islands (Commercial Division). He explains that the application has been brought by a company called Landcastle Holdings Ltd, which as it turns out is a majority shareholder of EOHL.
Lynch then report on the hearing of 13 May 2018 before the BVI Court in order to bring the application to a final hearing. At this hearing, Landcastle Holdings argued that the application should be dealt with in the same way as other similar applications. They were seeking the appointment of liquidators for the benefit of creditors and hoped that the final hearing would be held within 6 to 8 weeks.
This was opposed by another company called Landcastle Capital Ltd who are registered as minority shareholders of EOHL.
Although these two companies have similar names they are in fact separate entities independent of each other and separately owned and managed.
Landcastle Capital is owned by a gentleman in New York who is attempting to block the liquidations.Landcastle Holdings working on information they have available are of the view that this individual is primarily responsible for the issues facing EOHL. This also includes all the problems now facing those “Investors” of the ELPP.
So what do we deduce from this?
It looks like that this is a dispute between the shareholders of EHOL, this means that both parties should be required to lodge their pleadings in full detail on their respective positions of the dispute.
The BVI Court ordered that pleading did need to be filed in the application so they may determine the claim.
Landcastle Holdings filed and served their statement of the claim on 21 June 2019, Landcastle Capitol has until 19 July (tomorrow) to file and serve their defence.
With the BVI Court’s decision the application will not be a speedy one as was initially hoped, it is believed that the application is not going to be heard until late 2020 or even early in 2021.
The Joint Provisional Liquidators have now taken control of companies which are below EOHL within the corporate group, they are believed to be taking steps to protect and maintain the value of all the assets. Lynch states that the JPL’s“are working diligently to ensure the best possible outcome for EOHL creditors, principally being the ELPP Investment investors”.
Apparently, Landcastle Holdings is continuing to seek the appointment of liquidators to EOHL.
If any of the assets of EHOL be realised then any money collected from those assets will be held in the estate of EHOL purely for the benefit of creditors and to cover any ongoing costs. This will also include costs for the provisional liquidation and any future liquidation. It is not yet know how the distribution to creditors will pan out.
Lynch ends his letter with “the JPL’s will continue to take all necessary steps to protect and maintain the value of EHOL assets. They will also continue to provide creditors with updates on any relevant developments”.
This along with all the other articles Inside Timeshare has published on the tangled web of companies of which Silverpoint is part of, is going to be a very long-running and complicated story. It is one that Inside Timeshare will be following very very closely, so watch this space.
Over the past few weeks Inside Timeshare has been running a series of articles regarding the troubles around Silverpoint and associated companies. We began with a series of articles in six parts on the truth behind Silverpoint this can be found in the link below. As a result, Inside Timeshare has been receiving many enquiries on this but also many many more from members who have been told their bookings will not be honoured.
Our readers have also been sending letters to Inside Timeshare from Excel Hotels & Resorts SA and also from Club Paradiso Ltd outlining their reasons behind all of this. We begin first with the letter one reader was given by Excel while actually on holiday.
The result is that any member who has booked through Signallia to stay at any of the resorts managed by Excel has after that date will not be honoured. They do however say that they did honour some of the bookings to “prevent disruption” being caused to members.
It also transpires that Signallia continued to market the products even after the termination of the agreement without the consent of Excel. Therefore none of these reservations will be honoured at any of the resorts.
The letter also goes on to say that Excel never received any payments collected by Excel and that they are not liable for any sums paid. Now considering that all these companies are interlinked via the parent company which was owned by the late Bob Trotta does make this look very suspicious indeed.
The letter which is unsigned but carries the Excel stamp ends with Excel informing clients that they are informing the relevant police authority, in other words, they are denouncing one of their own companies!
Several other readers have also sent us a letter amounting to 4 pages, with the last 2 being Frequently Asked Questions, from Club Paradiso Ltd another British Virgin Islands company and signed by Alex Lawson who we know is working on behalf of the Trotta family with his company Alvarez & Marsal to liquidate assets to save the Trotta family fortune. (See the link at the start)
The letter dated 12 July 2019 begins with advising members that on 14 May 2019 he was appointed as a director of the company, with the former sole director resigning with effect from 30 May 2019. This now makes Lawson the sole director of Club Paradiso Ltd.
He explains that since his appointment it has become apparent that Club Paradiso is facing a “number of significant issues”, we know and so do all the members who are contacting Inside Timeshare!
He goes on to complain that not all the company’s books, records and documents have been made available to him, it appears that he is unable to do his job because of this. Now the question is what actually is his job?
We know he has been appointed “administrator” of several other Trotta companies including Keys Concierge which we know has also closed down. He is also the administrator dealing with the liquidations of two BVI companies, Limora Investments Ltd the parent company to all the others and also Excel Overseas Holdings Ltd. We also know that a new company by the name of Excel Overseas Holdings is based in Dubai. So we can assume that his job is either to revamp the “Club” or “liquidate it”, we actually believe it is the latter given what his company does.
This letter also goes on to explain under previous management Club Paradiso failed to pay for the contractual agreements and arrangements with other service providers and resorts. Now we also know that all these “service Providers” and “resorts are all part of the same group of companies owned by the Trotta family under Limora Investments Ltd.
Again we see another tangled web of intrigue and dodgy dealings which is resulting in nothing but stress and anguish for the consumers who have paid considerable sums for these products. We know from our readers that they are all worried they are about to lose everything, not just the holidays not being honoured but now having to pay for new bookings after they have already paid their annual maintenance fees!
To Inside Timeshare, this does not seem to be fair, most of these members have initially paid thousands of pounds to purchase the product and also thousands in annual maintenance fees. Now it does not take a lot of working out, but these companies have made millions over the years and this is how they treat their clients. SHAME ON YOU!
Have you purchased any product from Silverpoint, Signallia Marketing or any other company and are worried about all that is going on, then use our contact page and let us know. We will explain what your legal options are and point you in the right direction to get the legal help you need.
Remember, the courts are finding in favour of the clients on all cases going to court, this may be the only way not to lose what you have “invested” in your holidays.
Over the past few years, Anfi has been in the news for many reasons, the main ones are the number of cases they have been losing in the courts and the Tauro Beach Project. The project at Tauro beach has also recently been in the news with the former head of the Coastal Authority being sentenced to 3 years in jail. He was found guilty of falsifying documents giving permission for Anfi to carry out the work in establishing a man-made beach months before the permissions were signed. The Canarian Government is in the process of revoking the permissions and licenses allowing Anfi to develop Tauro Beach, this will be a devastating blow to their finances. As for the court cases, there seems to be no sign that these will be ending anytime soon.
All this must be having some effect on the Anfi cash flow, we know they are employing delaying tactics in paying clients what the courts have ordered. It is believed that in many cases it is transferring funds from one account to another, rather like Silverpoint. We also know the Canarian Government is in the process of revoking the permissions and licenses allowing Anfi to develop Tauro Beach, this will also be a devastating blow to their finances.
Is this an attempt to hide the money and not pay what they are legally obliged to pay claiming cash flow problems?
Or are they actually running out of money?
Where does this leave IFA as 50% shareholders, as they have no control over the board or the company?
Are IFA aware of what Anfi are doing?
The courts are taking a very dim view of Anfi tactics, they have already seen through them, a very good case in point is the one regarding a Norwegian client of Canarian Legal Alliance, Mr Hoyer. Due to the delays and arguments by Anfi on his case, he was awarded 100,000€ above the 31,000€ he originally paid giving him 131,000€. This was the court’s way of punishing Anfi for basically wasting the courts time.
Highlight and right click on link below for the full report
This was a very expensive case for Anfi, yet, they are still attempting to do the same thing with every case that goes before the courts. Obviously, the courts are not too pleased with this and investigations have been ordered by the Fiscal (State Prosecutor) into Anfi funds and bank accounts.
This is not the first time we have reported on “missing funds” we know that between 2012 and 2013 8 Million Euros had been diverted which was noticed by the Lyng family, then only last year in November we reported on a lawsuit between the Cazorla Brothers for unfair administration of funds, to the value of 718,000€ the result of the case has still yet to be issued. (see links below).
The delaying tactics Anfi are employing are constant appeals to the High Court and lodging appeals with the Supreme Court, this is due only to a lack of liquidity or cash flow even taking into account the fines and interest they will accrue. It is also very frustrating to the clients with cases already won in the Courts of First Instance, it is also being used as a ploy by Anfi to put people off taking legal action.
Another method which Anfi are employing to ward off future lawsuits from disgruntled members is the attempt to change contracts, they have so far tried twice to convince members to change, but this has resulted in a very poor response. What we do know is that with all the legal problems members are very concerned with the future of Anfi.
We now look at IFA as 50% shareholders, they do not have the “golden share” so they have no control over the board or the company, we know that IFA has set aside millions for a full takeover of Anfi, but are they actually aware of what is going on. It is more than likely that Anfi has not even disclosed this matter with IFA. IFA is a public company and is therefore responsible to have this disclosed to its shareholders, the question is if they are aware, have their shareholders been notified?
Inside Timeshare has spoken to an IFA shareholder and in the last quarterly report, there was no mention of the possible millions in losses. So it would seem that IFA shareholders are also being kept in the dark.
Are the IFA shareholders aware that there are around 50 million euros in claims pending against Anfi?
How is this going to affect IFA if they do eventually take full control, will they continue in the same way or will they settle the claims in the quickest way possible?
All we know at the moment is Anfi are moving funds around the different bank accounts, to us it looks like what is happening with Silverpoint, using the transfer of funds to other parts of the company to hide the money and eventually seek liquidation due to “cash flow” problems.
Unfortunately, there are more questions than answers, answers that Inside Timeshare will be looking for and publishing on these pages.
If you have purchased any Anfi product and want to know if your contract contravenes Spanish timeshare law giving you a valid case and you would like to secure your “investment”, then use our contact page. Inside Timeshare will help you find out your legal position and point you in the right direction.
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?
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.
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.
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.
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.
Welcome to the start of another week at Inside Timeshare, we begin with Part Six of The Truth Behind Silverpoint Exposed, which we have been publishing for the past few weeks. This is a story of epic proportions, worthy of a Hollywood Blockbuster movie, it is full of behind the scenes financial manipulation and the moving of millions of euros from one account to another in order to hide and save the Trotta family fortune. It is a story of a family at war with itself wracked with greed, with the wife Ragni Trotta being left out of the will. All this at the expense of the hundreds of consumers who have purchased into their products and are now set to lose everything.
Over the years Silverpoint and before them Resort Properties duped consumers into purchasing “packs” of weeks as investments, with the promise of rental income and a resale program after two years with a substantial profit to be made on these resales. But as we already know, there was no resale program, just more lies to get the unsuspecting consumer to upgrade and purchase even more to secure the “investments” they have already paid for.
We have seen this progress to the “Company Participation Scheme”, which is exactly the same as the original “investment weeks” apart from the fact the “apartments” are now registered as Spanish SL or limited companies. The promise is the same, an annual income from rentals and then the prospect of selling the “shares” at a later date.
We already know that no one has been paid any rental for last year, we also know that there is no money to pay out these rental dividends. What has been paid out has come from new “investors” purchasing into the scheme, a classic take from Peter to pay Paul, or it could be called a “Ponzi” scheme.
As we have already seen from the previous articles, vast amounts of money have been moved around the numerous companies set up by Bob Trotta and Kwang Boon Sim in the guise of “intercompany loans”, tax evasion and then spirited away into the Trotta family fortune. All at the expense of you the consumer.
It is a very interesting fact that most of the local staff that worked in various companies around the world were not even aware of how the group was structured, or even how the finances operated. It is also a fact that had the bank and the family done the right thing by their loyal team of workers and their customers most would have been quite happy. Clients would have had good products and resorts with Doug Campbell, his wife Jennifer Campbell, Ragni Trotta and Erin Trotta Westfall could have enjoyed a wonderful future.
The Bank could most of likely been able to close the trust, distributing the wealth to the family… What they have not bargained for was the ineptitude and bully tactics of Alex Lawson. It appears that Alex Lawson is so eager to prove himself to his Alvarez colleagues that he is marauding around the world using aggressive tactics against everyone in his path.
He has a complete lack of compassion and with a blinkered outlook on how his decisions affect circumstances elsewhere in the group, he is creating a trail of destruction and is now coming into full view of claims companies and legal teams all over the world.
It is now very likely the end result of the whole program will be Alvarez and Marsal earn a fortune in fees, the Trotta family end up with nothing with the prospect of ending up in jail, the bank losing their license with the possibility of seeing its team members facing charges and the hundreds of consumers losing everything they have purchased.
This is by no means the end of our little story, this is only series one, we have already heard from several readers who have travelled to Tenerife to take their holidays at The Paramount – Club Paradiso. They have told us of not being able to gain admittance to the resort, being moved to other locations and in some cases being charged to stay. On the subject of the staff, our readers have told us that they have seen them crying as they are unable to do anything to help and now know they are unlikely to get paid. The fall out of the “liquidation” plan being put into action by Alex Lawson is already taking its toll!
Have you purchased any product from Silverpoint, do you want to know where you stand legally?
Would you like to know if you have a legal case to take to court, have your contracts declared null and void and the return of your purchase price?
If you would like further information on these and any other questions, then use our contact page and let us know what when and where you purchased, Inside Timeshare will get back to you and point you in the right direction.
Welcome to another instalment of the Silverpoint Exposed saga, we are now coming very close to the conclusion of our little series or should we say our script for the next Hollywood Blockbuster!
It is a fact the immense funds that created the group of companies were primarily funded by the sales organisation of Silverpoint Vacations, formerly Resort Properties. For many years our friend Kwang Sim flew back and forth running the company as the shadow director on behalf of Bob Trotta, holding regular meetings with the legal team and accounts managers. Inside Timeshare has uncovered an enormous amount of evidence which shows that the local leaders had no idea what was happening all around them and were being used as puppets.
During the run-up to the “big escape” of Kwang Sim, he began to very carefully and meticulously disguised his involvement, moving others who were unsuspecting into the firing line. A sign of a true coward which was also in direct conflict with his “public persona” of a “caring and religious man”. Kwang is reportedly terrified that his “flock” of Mormons will discover his double life. In fact, his life would not be out of keeping with a West End musical, in the same way, the “Book of Mormon” has on both sides of the pond. Kwang Sim’s performance as a “man of the cloth” yet hiding his real dubious behaviour would definitely be worthy of a “Tony award” the theatre equivalent of an Oscar!
Now on to Alex Lawson, he appears to be taking Alvarez, The Limora Group and the Bank into a very dark chapter of potential conspiracy. He is slowly but surely working his way into all the companies and appointing himself as director. Although he is very careful to keep out of the Spanish companies where there are serious issues, he places himself and his co-liquidator Paul Pretlove into directorship roles where he creates his plan to instigate insolvencies, using this very fluid 42 million of debt.
This money was moved along and up the chain and has gone all around the houses to suit the group, now the same people are using the funds as justification to close companies and throw the hard-working teams within each one onto the streets.
Wherever possible, they are even attempting to avoid costly redundancy payments, all so the Trotta’s can keep even more money and ultimately, Alvarez can earn even more in fees!
It is often the case that it is the little people who will suffer and in this case, it is obviously no different. Local management is trying to fight for their rights, but this is a “David and Goliath” type of situation. All we can hope for is as in the fable, David is triumphant and the bullies are stopped. Well come on, I mean how many millions does one need to inherit in order to be Happy?
As for the Trotta family, they are extremely worried they will get caught out but hope the bank and Alvarez know what they are doing. We are not so sure!
Jennifer Trotta Campbell lives with husband Doug Campbell who as we stated previously was at one point the Groups CEO reporting directly to his father in law and Kwang Sim. He watched the creation of the complex web of companies that exists today.
He left the company in 2007, apparently no longer able to take the pressure of the group’s structure and the tyrannical leadership of Bob Trotta. He, his wife Jennifer and the sister Erin Westfall all live in Colorado, USA and enjoy fabulous wealth, all courtesy of Daddies money.
On top of that, they now intend to screw over hundreds of innocent people who helped their family create their enormous wealth. This type of greed, unfortunately, is all too common, but we do have it from very reliable sources that the authorities in Europe and the United States are watching very carefully along with legal teams building cases to strip the Trotta family of their wealth.
Ragni Trotta herself has homes in Norway and Italy, with the Trotta children owning millions in real estate in the United States. We also have it on good authority that these legal teams are dauntlessly building the cases against all of them and are extremely confident they will be stripped of this wealth in the coming period.
We will keep watching and ready to inform you the reader of any updates and developments in this story which really does read like a script for a Hollywood movie but in real life greed almost always has a way of catching up with you, ESPECIALLY when you try to screw over innocent people. As they say, “The bad guys never win in the end”!
Join us again on Monday for the sixth and final episode in this the first series of a remarkable and unbelievable story.
Are you a possible victim, do you want to know where you stand before it all goes?
Use our contact sheet and get in touch, Inside Timeshare will be happy to give you the best advice possible and point you in the right direction.