Browse Tag

State Prosecutors Office

Start the Week: Huge Payouts Announced

Welcome to another week with Inside Timeshare, we start today with a roundup of news from the end of last week in the courts. It certainly proved rather costly for these timeshare resorts but made their ex-members very happy indeed. As usual, all the contracts have been declared null and void due to serious infringements of Spain’s timeshare laws with the return of all the client’s purchase price.

In the first case which was actually heard and the sentence passed some time ago, Puerto Calma Resort in Gran Canaria has now paid out the client over 41,000€. This money has now been paid to the client via bank transfer. They are now timeshare free as the contract was declared null and void.

Friday was a very bad day for the major timeshare resort in Gran Canaria, in just one day seven sentences were passed by the courts against Anfi. As we know many of the Anfi contracts are illegal as they either contain floating weeks or points systems or the contracts are perpetuity which as the law states should have a duration of not more than 50 years. As in most of these sales, deposits were also taken within the statutory cooling-off period which is also forbidden by law.

The total amount awarded by the courts in these seven cases amount to a massive 213,187.29€, this is certainly a huge hit to the Anfi coffers in one day, the client’s contracts were also declared null and void leaving them timeshare free.

These cases were brought on behalf of these clients by Canarian Legal Alliance, this is further proof that this is one law firm that does actually deliver what they say. So it is congratulations to the clients and also to the whole legal team at CLA.

Lawyers of CLA

The criteria for a valid and viable claim against your timeshare resort is as follows:

The purchase or upgrade must have been made in Spain or any of her territories after 5 January 1999;

The contract duration is more than 50 years or has no end date, what is commonly known as a perpetuity;

It contains points or floating week systems, this may also include fractional and investment packs such as those sold by Silverpoint. This also includes the Company Participation Scheme which replaced the old investment weeks;

Any payment is taken within the 14 days cooling-off period even by a third party. This may also be extended to 90 days where other serious infringements of law have taken place.

There are other laws which may also be used in these cases which include Consumer Law and also Mercantile Law, these tend to be included once the lawyers begin to prepare a case for court.

Moving on to the article published on Friday with regards to the application by Silverpoint to the Mercantile Court to begin proceedings to liquidate the company, Inside Timeshare has received several enquiries on this subject.

The main concern so far has been the same, why have Silverpoint not informed members of this fact?

That is one question that we are unable to answer, we suspect their motive is to just keep it quiet giving as little information to members as possible. We also know that this “liquidation” is an attempt to avoid any further litigation in the courts against them which they are losing on an almost daily basis. It must also be mentioned that the State Prosecutors Office is also conducting an investigation into the reasons behind the liquidation.

Have you had enough of your timeshare and the ever-increasing maintenance fees?

Are you fed up with not being able to get the reservations due to no availability?

Have you found that non-members are able to book into your resorts without the huge “investment” you made and in many cases for less than your annual fees?

If you can answer yes to these questions and your contract falls into the criteria above, then please use our contact page and ask for further details. We will get back to each person with a personal reply as to your own circumstances.

Club Paradiso: Latest News

Inside Timeshare over the past months has been reporting on the latest developments regarding Club Paradiso and The Paramount. We reported some time ago that Alex Lawson of Alvarez and Marsal became the administrator of Club Paradiso Ltd and began proceedings to liquidate the company (club). We also reported earlier in the year that many bookings made by members had not been honoured, the reason given was that Excel Hotels and Resorts had not been paid for the bookings. Many members arrived to find The Paramount closed and had nowhere to stay unless they paid yet again.

The strange thing is that all the companies involved in this are all part of the same group of companies of which Alex Lawson is being placed as administrator to liquidate them. He is also the appointed liquidator of Limora Group the parent company of Silverpoint, Excel Resorts and a host of others.

In the latest letter to members Alex Lawson tries to explain what is going on, he begins with the excuse of a “breakdown of relationships with a number of inventory providers”, which necessitated the suspension of all new bookings from June 2019.

Alex Lawson

He then goes on to explain that the “company” had been working hard to honour “existing 2019 reservations as far as possible.” Unfortunately for the majority of members, they have had to make their own alternative arrangements.

The letter goes on to state that given the issues that face Club Paradiso they are unable to confirm any bookings for the 2020 period. His advice is to contact the destination resort to confirm if the booking is still valid and arrange “for payment” for the accommodation or to “confirm cancellation.”

The next paragraph which is in bold and underlined goes on to say:

“For the avoidance of doubt, please note that, in the case of bookings for the 2020 calendar year, whether previously confirmed or unconfirmed by Club Paradiso, Club Paradiso is not able to maintain these bookings and is not able to assist with payment or the sourcing of alternative accommodation in respect of the same. This applies to any bookings made during (or before) 2019 for the 2020 calendar year (and beyond).”

Well, that is blunt and straight to the point, members will get nothing.

Lawson then goes on to say that the property (The Paramount) “was never owned by the club,” it was only made available to members through a lease agreement, he then states that the company (Club Paradiso was not a direct party to).

Again he goes on to blame “unpaid lease payments” as the reason why The Paramount was “unable normal operations”. This resulted in The paramount having to deny access to club members.

Lawson then explains that The Paramounts former owners (whoever they are) agreed on a sale and it is now under new ownership. He also points out that Club Paradiso was not directly involved in the sale and is unable to provide any information on the sale or the future of The Paramount.

Now considering that Lawson is involved in the liquidation of many of the companies of Limora Group and the fact they are all interconnected it does seem very strange that he claims he does not know what is going on!

So to recap, Alexander Lawson as liquidator closes down Club Paradiso along with The Paramount itself claiming unpaid fees,  using this as justification to members/investors as the reason the building is closed.

The building is then sold to a real estate company in Tenerife who are now selling the apartments off as individual units (so why is the money made from this sale not given to the investors as per their contracts?). He also believes that nobody will take any legal action but will just roll over and lose everything they have paid for, somehow Inside Timeshare cannot see this happening.

It is now becoming very apparent that the whole structure of which Silverpoint is a part of is just a very large criminal enterprise. This also includes the actions of the liquidator who is taking action which does not benefit creditors or the club members themselves, His actions are guided by his employers the UBO’s (ultimate beneficial owners) the Trotta family who all reside in the USA. (See link below for the full story if the reasons behind the liquidations).

Inside Timeshare has also heard through the grapevine that the State Prosecutors Office of Tenerife has also included Alex Lawson in their criminal investigation. Further information on this when there is confirmation.

What Inside Timeshare can reveal at this point is that one law firm is already on top of this and is currently taking action on this, no prizes for guessing which law firm, Yes, Canarian Legal Alliance.

If you are a member of Club Paradiso and would like to know your legal options or further information you can either use the contact page on Inside Timeshare or you can contact Canarian Legal Alliance direct through their website: https://www.canarianlegalalliance.com/

Link to the 6 part article on the liquidations.

https://insidetimeshare.com/?s=exclusive+breaking+news


The Tuesday Slot: Embargoes Proving Successful for Clients

Over the past few months Inside Timeshare has been highlighting several stories regarding legal moves to embargo accounts and property from various timeshare resorts. These have been a result of the timeshare companies using tactics to avoid paying clients back the money awarded by the courts. The tactics used have been constant and frivolous appeals to the High Courts after the sentence of the Courts of First Instance have been issued, this has given the timeshare companies the time to move funds from the accounts of the named companies on the indictments.

Anfi

These tactics have also been highlighted on Spanish National Television News TVE 1 and also in several major Spanish newspapers. These stories have also been published on Inside Timeshare and can be found at the links below.

The main culprits of these delaying tactics are Anfi and Silverpoint, which as you will see from the articles have also come to the attention of the State Prosecutors Office in Gran Canaria and Tenerife. One of the main focus points of the investigation is the “Obstructing of Justice and Frustration of Execution of Sentences”, due to the fact that funds are being moved from one account to another, so when an embargo is placed on an account there are insufficient funds to payout. The Prosecutors Office sees this as a flagrant criminal move by the timeshare companies.

Hollywood Mirage (Silverpoint)

But, moves have already been made to thwart this and the liquidation of the companies such as Silverpoint by extending the embargoes to the properties at the resorts. Already many properties have had an embargo put into place to secure the client’s money and ensure they get paid.

The law firm behind this is none other than Canarian Legal Alliance, who have made their own investigations into the relationships between all the companies involved in the moving of the funds. They are also working very closely with the Prosecutors Office and furnishing them with the evidence.

This morning CLA released information on another happy client finally receiving his payment into his own account. The UK client has now received over 25,000€ including plus the return of all legal fees and legal interest.

The client’s contracts with Hollywood Mirage and Club Paradiso have also been declared null and void leaving the client timeshare free.

The latest payout ordered by the court.

All this is due to all funds being blocked by CLA’s enforcement team using the court-ordered embargoes. This should leave clients in no doubt that the lawyers at CLA are working to ensure that they get the justice handed down by the courts.

If you would like further information on this or any other subject published on Inside Timeshare, or you would like to know if you have an illegal contract, then please get in touch using our contact page. Inside Timeshare will get back to you and point you in the right direction.

Links to previous articles from Inside Timeshare

https://insidetimeshare.com/anfi-hits-spanish-television-news/

https://insidetimeshare.com/breaking-news-prosecutors-office-denounces-anfi/

https://insidetimeshare.com/timeshare-companies-highlighted-in-spanish-news/

https://insidetimeshare.com/el-diario-publishes-another-article-on-silverpoint/