Browse Tag

Supreme Court

Canarian Legal Alliance: Benalmadena Office Interview

While attending a meeting on the Costa del Sol, Inside Timeshare took the time to drop in on the new office in Benalmadena Costa of Canarian Legal Alliance. The office manager and senior consultant Sean Thacker was very kind in spending some time explaining what they do and answering a few questions.

The office itself is situated in the center of Benalmadena Costa, a stones throw from the wonderful Parque de la Paloma and the Aquarium Selwo Marina.

It is a modern and spacious office with facilities for conference calls, with a relaxed atmosphere, which will certainly put potential clients at ease.

The Benalmadena Office of CLA

Here is what Sean had to say.

Inside Timeshare.

As we know Canarian Legal Alliance has had a presence in Gran Canaria for many years, the Benalmadena office is a fairly new branch, when did you open and why was this location chosen?

Sean: This office opened in April of 2017, the main point was we understood there were many clients who took vacations on the Costa del Sol, especially as this area is full of resorts associated with timeshare. It was felt that many of these owners would be interested to learn more about their rights and how the judicial system can protect those rights.

In the light of the publicity surrounding the timeshare industry, we believed they would be more comfortable in visiting our office and discuss their concerns in person. The other advantage is we are also able to offer the many mainland European clients who opt for driving holidays a genuine service.

IT: Have you had many clients just walk in seeking advice about their timeshares and what has been the main concern of these clients?

Sean: Yes, we were very surprised at the number of clients who passed and came in for some general advice. We offer this advice free of any charge, explaining the law in Spain and what their rights are under the Spanish Timeshare Laws.

One of the main concerns was the mounting rise in maintenance fees, along with no availability, especially for the points and floating week owners, yet they were increasingly seeing that they could book online in the high season considerably cheaper than what they pay in fees. Another concern was where clients purchased on a rental basis yet they received no rental income.

IT: Are most of your enquiries made by telephone or do you receive more via email?

Sean: Our clients, apart from walkins, are mainly via enquires from the internet or social media and we now find we have a major source from our current client referrals to other owners or even friends and family.

IT: What has been the main nationality of the clients or have they been from all over Europe?

Sean: We deal with clients from all of the major countries, UK, Germany, France, Spain, Belgium/Holland, Scandinavia and we have now found over the last 3 months a big increase in Finnish clients who are interested to understand their rights in Spain.

IT: As you said, many of your clients are now from Finland, which timeshare company has figured the most with these clients and what type of products have they purchased?

Sean:I notice that most of our Finnish clients predominantly purchased with Silverpoint / Excel, The Company Participation Schemes seem to play a major role in most of the purchases.

IT: You mentioned the Company Participations Scheme sold by Silverpoint, would you say that these are now becoming more numerous than the old “investment packs” that were being sold originally?

Sean:Yes, there seems to be a switch from the old investment packs to Company Participation which suggests that companies are trying to look for alternative sales tools to offer to clients while always trying to circumnavigate the Spanish legal system.

IT: How do the “Company Participations” differ from the original “investment packs” and would you say that the average amount spent by purchasers is much higher than before?

Sean:The biggest difference is that customers thought they were buying an apartment as freehold. But they bought between 8 to 52 timeshare weeks, these “apartments” are “registered” as SL or limited companies, this is another ploy to remove them from the strict timeshare laws. On this point, in a recent case held in Tenerife, Silverpoint admitted in court that The Company Participations are timeshare. We are finding that our clients are spending anything between 37,000 and 250,000 euros per purchase. That is a huge amount for a product which is essentially timeshare.

IT: Would you say that most clients are nervous about taking legal action and how do you overcome this?

Sean: Everyone is always nervous in the first place to take any legal action, especially in a foreign country, the most important aspect of our work is to make sure we offer full support and transparency in how the process works, then guide the clients step by step through the whole process. It is important at all times we never apply any pressure techniques. This process is totally in the client’s hands, we are a support vehicle for them.

IT: We know there is always going to be bad press on the internet, much of it made by the industry, which will make prospective clients sceptical, so how do you overcome this problem?

Sean:Bad press is something we deal with daily, it proves to me that we do our job correctly for our clients. If you take the record of CLA and the number of case victories including over 129 Supreme Court wins, this shows to our clients that bad press is the only option certain industry members have. I personally will always go through with clients all good and bad press so they feel comfortable, as I mentioned earlier, transparency is the key .

IT: Roughly, how many cases do you think you have taken on since opening this office and would you say that those which have been to court have lived up to the expectations of your clients?

Sean: Since opening, we have delivered over 500 cases from the mainland office alone, all our client’s expectations have been surpassed using the correct Spanish Laws. Our clients who have had their cases heard have received back the full purchase price, including double the deposit paid within the 14 days cooling off period, in some cases, this has been extended to 90 days, which then doubles any amount paid within that period.

Thank you Sean, you have explained what you do and how you work with your clients, I’m sure that anyone coming into this office is going to be put at ease and be given the facts.

The Benalmadena office is certainly following the success of their parents in Gran Canaria, no doubt we shall hear more of them in the future.


Sean Thacker indicating a Supreme Court ruling against Silverpoint

Sean also pointed out that Diamond has several resorts in the area one is their flagship Sahara Sunset. Diamond has also had rulings against them from the Supreme Court, Inside Timeshare published this in December 2018. Below is a PDF of that ruling.

In another court case, this time held at the Court of First Instance in Barcelona, Restotel SA, MedHotel Group SL and ONA Group (Club Dorada SL), were found to be in breach of the timeshare laws. The contract was declared null and void with the client being awarded 112,724€ including double the deposit paid within the cooling off period. Below is a PDF of that ruling.

Inside Timeshare has highlighted the great results achieved by Canarian Legal Alliance in Gran Canaria for several years now, including all the Supreme Court rulings. Even though the facts speak for themselves, the industry is still in denial, they will not admit they are losing. There are still false statements about Canarian Legal Alliance being posted on the internet, much of it we know is from the industry itself, but the facts are these cases are in the public domain and cannot be denied.

Below are two links to previous articles published by Inside Timeshare on Silverpoint, to find more use the search box on the website.

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

Thursday Update

Since publishing the news that Meredith Pritchard Claims Consultants Ltd and First Law Solutions Ltd had been wound-up by the High Court, further information has been coming to light.

The perpetrator behind this claims fraud, Stephen Paul Fairclough has seemed to have disappeared, his offices at Regus House are now empty. We do know that he does have links in Portugal and is believed to own a property and lives there. So he may just have fled the UK and is living his life of luxury on the money he has swindled from countless victims.

Apparently from information received by one source, who wishes not to be identified, it looks now like the Police in the UK will not be pursuing the matter against Stephen Fairclough. From the information received the reason is that they do not have sufficient evidence. As we know to secure a prosecution and ensure a conviction in any criminal trial, the evidence must be strong and be of “beyond reasonable doubt”.

Inside Timeshare would love to see Fairclough prosecuted and convicted, so it is now up to you the readers and victims of his fraud to come forward. Inside Timeshare is in contact with one victim who would like to gather together all those affected and form an Action Group.

If you have lost money for services not provided by Fairclough, then use our contact page, send in your details and Inside Timeshare will pass them to the coordinator of the Action Group. It is only with your help that this person will ever be brought to justice.

As an update to the articles regarding Ali and Alex Farhoud and their involvement in the selling of the “Company Participations Scheme” on behalf of Silverpoint , Inside Timeshare has also been informed of “Criminal Denuncias” being filed against them (the Farhouds) with the Guardia Civil.

Our information is that two clients have begun legal proceedings against Silverpoint but they have also lodged the criminal complaints against the two Farhoud brothers who sold them the scheme in the first place. It is believed from our sources that more clients are also coming forward and more “Criminal Denuncias” are going to be made.

It must also be remembered that they are now contacting previous victims via their company Nordic Consulting Canary Islands SL, with the offer of taking legal action against Silverpoint (their former employer) and claiming back what their clients originally paid. They explain that what was sold to them was not legal, yet they are the ones who sold it in the first place, yet they claim they had no idea that it was “fraudulent”.

Now, we also know that they will be charging huge amounts for legal fees to carry out this “service”, so in reality they made large amounts in commission for selling it and are now set to make even more by offering a “legal service”!

If you have purchased these “Company Participations” or any other product peddled by Silverpoint, or have been contacted by Nordic Consulting, then use our contact page to get in touch. Inside Timeshare will then answer your questions and point you to the best solution for your situation.

We also have an update of court cases held in the Courts on Gran Canaria, all these involved Anfi and were brought on behalf of clients by Canarian Legal Alliance.

In total there were seven sentences issued, 3 by the High Court in Las Palmas and 4 by the Courts Of First Instance in Maspalomas. Again all contracts were declared null and void as the contained infringements of the Timeshare Laws as laid down by the Supreme Court. These ranged from floating weeks to perpetuity contracts, the courts awarded over 241,545€ to the clients along with legal fees and legal interest.

Then on Tuesday 5 March, another sentence was issued by the Court of First Instance of San Barlelomé De Tirajana, again this was against Anfi. This quite a significant case as the amount involved is huge.

The client in this instance is set to receive over 212,476€ plus legal interest, along with the contract being declared null and void. This will be one happy client.

The case was conducted on behalf of the clients by the Canarian Legal Alliance lawyer Adrián Diaz-Saavedra Morales, who is another of the young and dynamic team at CLA. So congratulations to them all, and keep up the good work.

Adrián Diaz-Saavedra Morales

If you need any advice with a timeshare problem or paid a company for services which you have not received, contact Inside Timeshare via our contact page. We will point you in the right direction.

Friday’s Letter from America

Welcome to the first Letter from America of February, this week we hear another “Nightmare on Timeshare Street” from the Wheat family and their experience with Wyndham, edited by our very own Irene Parker. First a little news from Europe.

Yesterday, Thursday 31 January, at Birmingham Crown Court , Dominic O’Reilly, Stephanie O’Reilly and Eze Europe Limited, appeared for sentencing. As we know they had faced many charges of unfair trading practices, misleading consumers and many more. On checking the courts website this morning, nothing has yet been posted, but Inside Timeshare has emailed the court for confirmation of sentences and we are waiting for a reply. As soon as this comes in we will be publishing on these pages.

News came in this morning regarding another case involving Diamond Resorts in Tenerife, Canarian Legal Alliance originally had a case in which the Court of First Instance found in favour of Diamond. They instantly appealed this decision to the High Court

The High Court reviewed the case and ruled that the First Instance Courts decision was flawed, they immediately overruled the first court’s ruling, as per the Supreme Court rulings. They deemed that all 5 contracts were illegal and declared them null and void, they also awarded the client 100% of the purchase price, plus double the deposit paid within the 14 day cooling off period, all legal fees and legal interest. This client will now be receiving over 25,000€ and can now enjoy a timeshare free life.

Now for this weeks Letter from America.

The ‘Take Away Timeshare Close’

By a Wyndham buyer

February 1

By the Wheat Family

Introduction by Irene Parker

Inside Timeshare has heard from 671 families. Like a broken record, the member reports being told “I can’t believe that last salesperson sold you this!” You should have never bought:

 

  • So few points!
  • The wrong package!

 

Understand that this is a tried and true sales technique. I spent 30 years in sales selling in a number of industries, but can’t recall using this technique unless I felt the sales agent really did sell the buyer a wrong product. For example, as a stockbroker I would run into a young person’s 401K funded with a fixed income product. In timeshare, it’s used as a ploy. If both sides of the supposedly wrong/right product sell against each other, it means no consumer should buy the product. It’s not unusual to hear, on the same day, from two different members, Sales agent A said I should not have bought Product 1 while sales agent B said I should have bought Product 1. It’s called the Take Away Close:

The Take Away Close really takes some time to master. Though it sounds simple at first, the real secret is learning when to use it. The danger is always using the take away close and having a customer agree to purchase a lesser product when they were close to committing to a larger sale. From The Balance Careers

https://www.thebalancecareers.com/the-take-away-closing-technique-2918597

The Wheat Family Explains

The motive behind the ‘Take Away Close’ is to make the customer/prospect feel like they are missing out on something they should have been entitled to and then make them spend the money so they feel they are getting their money’s worth.

We experienced this sales ploy. I wonder how many other people fell for it too.

We bought a Discovery package (200,000 points) for $1,944 at Wyndham’s Great Smoky Lodge at the beginning of 2017. A credit card was opened and the purchase charged. When we tried to use the Discovery package for Florida in July 2017 it did not work. There were restrictions on when we could reserve. In August 2017 we tried to reserve in Myrtle Beach. We tried a third time at the beginning of 2018 for the Smoky Lodge. We were told it was full so we paid for two days ourselves. That is when another salesperson, JR Renteria, said they had 64 vacant rooms so we should have been able to reserve one. He said the problem was because of the Discovery package we purchased. Although Wyndham would not be able to reimburse us, they could give us a free week certificate (which turned out not to be free). Mr. Renteria advised us to upgrade so we would not have this lack of availability problem again.

With an upgrade we were told we would be VIP members and that the original credit card that was opened for our first purchase would be upgraded to a Gold credit card which we could use to reserve when and where we want to go, any day.  They said we could get 50% off cruises and restaurants. Other family members could make reservations in their names. Mr. Renteria said if we upgraded they would roll the original 200,000 Discovery package points over for the next year. Renteria gave us our documents after we signed the new contract, but told us to wait for the Gold Card and the Silver VIP card before we tried to book anything. This effectively dodged the contract rescission period. He told us we should receive the new cards in about a week. It took around three to four weeks before we received the VIP card. We still have not received the upgraded Gold Card. We were told we had six months to pay in full with no interest.

We bit and got bitten for $18,000.

Another strange thing was that Renteria said he wanted us to write a note saying the first reps, Carol Finch and Cyndy Vdaw, did not cover everything properly for the Discovery package. Maybe this was part of a scam, maybe Wyndham actually kept a copy. Either way, we wrote a note saying we did not understand everything on the Discovery package deal.

After the upgrade we tried to reserve a room to attend a wedding in Atlanta. Wyndham told us we would have to reserve two months in advance in order to use our points. (Renteria had said we could book on the day with our new Silver member status.) Wyndham told us that they could reserve a room for $188 on the day we needed it. The sad thing is we could book the same room for the same dates for $108 online.  You would think being a Silver member (VIP) we should have been able to get a better price than a non-member.

Renteria told us we could call him if we ever had any problems getting reservations and he would take care of it.  We tried to contact him but NEVER got a reply to any of our calls or texts.

We called Carol Finch at the Discovery timeshare when Renteria did not return our calls. I told Carol we were not happy and that nothing we were told was true. She said we should not have had to wait two months to reserve a room and Renteria should have combined the two timeshares. She said she would let him know and would call us back that afternoon. We have not heard back. That was the final straw. In this day and age of Expedia, Airbnb and Booking.com, don’t buy a timeshare. That’s my takeaway close.

But that’s not all!

To make things worse, after looking over the credit card application we found that the application had been doctored. There is an annual income noted under both of our names for $100,000 each.  However, $100,000 is what we may make combined, not individually. I have a copy of the credit card application as proof. My writing is very distinctive. I filled out the whole form, yet the only place that was left blank was filled in by someone with a much scruffier handwriting than mine and he wrote another $100,000 to double our annual income. We sent this obviously doctored form to Wyndham, but they did not even acknowledge it. They chose to focus on the parts of our complaint that they could reasonably deny because the lies were verbal and can’t be verified. Wyndham conducted an ‘investigation’ into our allegations of concealment and omission. We were informed, somewhat predictably, that their investigation had found that our allegations were baseless and the contract was properly executed and legally binding. I suppose I’ll go and ask the drunks to guard the bar for my next trick.

Other representations we feel were unfair and deceptive:

  • They did not say we were actually buying a timeshare. They called it a vacation ownership or something like that.
  • They said they would help us rent so we could earn a profit.
  • They said maintenance fees would never increase.
  • They said we could call every six months to continue our interest free rate.
  • They told us our purchase would give us more reservation rights than it actually did.

Do yourselves a favor and stay away from Wyndham. I imagine Wyndham is not alone, so the best advice is to stay away from timeshare altogether.

Thank you to the Wheat family for sharing their experience. Timeshare companies should want their buyers to feel good about their decision to buy a timeshare. Timeshare is not for everyone and we hope by sharing experiences, buyers will be better informed as to whether the timeshare product is right for their family.

Related articles:

Veteran family Wyndham buyer Kleen family article:

http://insidetimeshare.com/fridays-letter-from-america-38/

Veteran family Wyndham buyer Althage family article:

http://insidetimeshare.com/fridays-letter-from-america-37/

Self Help groups we feel are not industry influenced:

We seek to provide timeshare members 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.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene for your editing efforts and a very big thank you to the Wheat family for sharing their experiences with us. These real life stories that we publish do show how the industry is in dire need of reform, especially in the tactics employed by their sales agents. As we know when high commissions are the motivation, these agent will say and do anything to get the sale.

If the industry does not do anything themselves to curb these practices, then maybe like Spain, the law needs to take control in order to protect consumers. We do know that many other countries in Europe with a large timeshare presence have been watching Spain very closely and are also now in the process of enacting similar legislation.

If you have a “Nightmare on Timeshare Street” story that you would like to share then contact Inside Timeshare, it is through your own experiences that we hope we can make the industry listen and change.

Have you been contacted by any company with a story that sounds too good to be true?

Are you looking to do business with any company you have found on the internet or advertising in the press or magazines?

Do you want to know if they are genuine and will do what they say?

Are you able to find out for yourself or do you need help?

If you answer yes to any of these questions, then use our contact page and we will point you in the right direction.

Remember doing your homework will save you not only money but also a whole lot of stress.

Have a great weekend and join us again next week.

Friday’s Letter from America

Welcome to another Friday’s Letter from America, this week we publish revised instructions on how to file a complaint, this has been revised by one of our readers who was successful.

First a quick piece of news from Europe.

The Supreme Court in Madrid has issued another judgement, Spain’s highest court once again has defended the rights of timeshare consumers, in this case British, by declaring a Diamond Resorts contract null and void. As in all other judgements the court ruled that the contract was in contravention of Law 42/98, as the contract had no end date, known as perpetuity. The law clearly states that timeshare contracts may only be for a minimum of 3 years and a maximum of 50 years.

The court also awarded the clients all money paid in the first three months in double, this reaffirmed the court’s stance on the illegal taking of deposits within the cooling off period. Along with over £11,000 they were also awarded back their legal fees and legal interest. (click on PDF below to see court document)

Supreme Court Diamond Ruling

This is yet another victory for timeshare consumers brought on their behalf by Canarian Legal Alliance.

Now on with this weeks Letter from America.

How to File a Timeshare Complaint (January 25, 2019 revision)

By a Timeshare Member who Followed our Complaint Process

Step 1 GATHER INFORMATION

  1. Read Your Contract and any documents given to you at the time of signing. If your contract offers a rescission and you are still within the offered period you should take the steps necessary to rescind immediately.
  2. Educate yourself! There are many resources in place that are meant to protect consumers (most of which I was completely unaware of until I had to tackle this issue). The more you know the better you will be able to stand up for yourself.

LIST OF RESOURCES AND ORGANIZATIONS TO FAMILIARIZE YOURSELF WITH  

a: AG: Attorney General – You will want to file a complaint with the AG from the state in which you purchased your timeshare. If you can connect with other buyers in your state of residence, file a complaint with your own state Attorney General. See instructions below. Some states, like California and Nevada, require you file your complaint with the state real estate division against the sales agent.

b: ARDA-ROC: American Resort Development Association-Resort Owners Coalition

ARDA Timeshare Consumer Protections Page : Did you receive one of the three required “disclosure documents”? Is there a rescission period? When did it begin/end?

Excerpts from ARDA Code of Ethics: Read this code and make note of any parts that were violated during your purchase.  ARDA ROC does not mediate disputes, but they have a Code of Ethics that may be violated. The full code of ethics can be found here.

http://www.arda.org/ethics/

c: FTC: Federal Trade Commission-Protecting America’s Consumers There is a timeshare tab not easy to find. Follow these instructions: http://insidetimeshare.com/the-tuesday-slot-13/

d: BBB: Better Business Bureau: This is the organization that most people are familiar with and the link to file a complaint is found right on the homepage of their site. You may need to edit your complaint to 4,000 characters, sometimes no easy task. The good thing about the BBB is that they often allow you to log in and file a rebuttal if you disagree with the company’s answer to your complaint.

e: SEC: US Securities and Exchange Commission: You will only file a complaint with the SEC if you were falsely led to believe that the purchase of a timeshare was a good investment. The sale of an investment product must be registered with the SEC.

f: FBI: Sound serious? That’s because it is serious to report a complaint to the FBI. The definition of White Collar Crime is “Deceit, concealment, violation of trust, bait and switch.” File an online complaint at IC3.gov. Select Internet Crime from the three choices available. It’s confusing because your timeshare complaint doesn’t have to be about internet crime. That’s just the name of the portal.

g: Legal Action: Retaining a lawyer is something you can do after you have exhausted the above resources and still feel as though you are getting nowhere. It is a last resort option and it will cost you; make sure that the cost is worth the possible worst-case outcome. There is a compiled list of law firms that specialize in timeshare cases on one Advocacy Facebook page. Law Firms Doc You do not have to use one of these lawyers but it is recommended that you use someone who has specific experience with timeshare, and do not do business with a lawyer or a law firm you do not know. One timeshare lawyer has recently been disbarred

h: TUG: Timeshare Users Group TUG Forums: These forums are incredible for gathering information from other timeshare owners. You can search specific questions to see if anyone else has already asked and received answers.

i: Timeshare Exit Firms: BEWARE! A lot of these firms are scams. Some are not, but you can do the lion’s share of what any exit company can do. Beware especially of money back guarantees. Some companies consider foreclosure an exit. Obviously, you don’t have to pay anyone to get foreclosed. Also, it is important to note that some timeshare companies will not approve voluntary relinquishment of a timeshare if you have contracted with an exit firm.

j: Most would agree The Consumer Financial Protection Bureau does not offer the consumer protections it once did, they still regulate banks. File a complaint with the CFPB if your complaint involves a credit card. Remember to dispute the credit card charge, even if the transaction extends beyond 30 days. Some companies will extend the period if you can present a compelling case for fraud.  The Secret Service also investigates credit card fraud.      

Step 2 HOW TO WRITE A COMPLAINT LETTER

    1. Create a Record of Events: The very first thing you should do is make a list of everything that you were told by timeshare representatives (i.e. salespeople, managers, receptionists, concierge services). Write down every detail that was said even if it seems insignificant; you can always weed out details that are less important later. Your memory of the event will start to warp and change over time so it is important that you write down this information as soon as possible so that every complaint you file has consistent information.
  • Organize the information:

a: Create a Timeline: Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong; it at this point you should be as detailed as possible.

What was your first encounter? (phone call, concierge, sales agent)

  • What resort or location did the presentation take place?
  • Date and time of presentation.
  • Names of all sales agents/managers that you dealt with (names will typically be listed somewhere on your contract)
  • How long did they tell you the meeting would last vs what was the actual duration of meeting?
  • Did they offer you food or beverages during the duration of the meeting?
  • Did they take your ID and credit card? Did you ask for these items to be returned?
  • If you feel you experienced unfair and deceptive sales practices, describe your experience.
  • When did you first realize your agent misled you?
  • Was it possible to learn you were deceived during the rescission period? Sometimes an agent will say a bogus program won’t be available until after the first of the year, or wait a few months before refinancing. Banks don’t finance timeshares. Sometime over promised availability can’t be determined until allowed onto the booking site, after the rescission period has expired.  
  • What steps did you take after realizing you were misled? Did you contact the agent or the company? What was their response? List dates/times if possible. Keep all emails.
  • Did the sales person ask you to apply for any credit cards/loans or take any other extraordinary measures (refinance home, equity line of credit, etc.) in order to cover costs? Transferring to a third party lender complicates things.

b: List Relevant Complaints: Here is a list of some common complaints from timeshare owners.  Certain misleading statements are more serious than others:

  • The agent said I could easily sell my points. To find out if your timeshare has a secondary market, contact a member of the Licensed Timeshare Resale Broker Association. They charge no upfront money to list a timeshare. http://www.licensedtimeshareresalebrokers.org/
  • The agent presented maintenance fee relief programs that do not exist
  • The agent said I had to give up my deeded timeshare and buy points
  • The agent said I have to give up my deed and buy points or my heirs will be burdened
  • The agent told me this would be a good investment. At least 49% of the cost of your timeshare is attributed to marketing costs (source a major timeshare company’s annual report)
  • The agent said that I could rent out my timeshare for money when the company rules do not allowed renting
  • The agent overstated the value of travel awards to pay for airline tickets, or the use of a travel credit card to pay maintenance fees
  • The rescission period was dodged

Step 3 EMAIL AND SEND YOUR LETTER OF COMPLAINT

Below is an example of a sample layout with some ideas of information that you might want to include in your letter. Copy and paste your complaint into the body of an email (do not send as an attachment). Email or send to all interested parties, including customer service, ARDA ROC (if their Code of Ethics has been violated), the credit card company if a credit card is involved. You will send your complaint to regulatory agencies if your request is denied, so make sure you take the time to present your grievance clearly and factually. Have a friend or family member read your complaint before submitting to see if they understand the complaint.

Include the following information:

Name(s) of Member(s)

Phone Number

State of Residence

Today’s Date

Member Number

**List the following information for each contract you are disputing**

Date and Place Purchased

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

Information to include in the body of the complaint:

  • What do you want? Do you seek a refund, cancellation of contract, or relinquishment?
  • Why? Is it due to Deception, Health, Age or Financial Burden?
  • This is your written timeline. Provide a chronological account of what happened during the sales process that makes you feel you experienced unfair and deceptive sales practices.
  • Consider citing the ARDA code of ethics and what articles of the code were violated.
  • Making emotional statements will most likely not help your case.
  • In conclusion, restate the main complaint and what it is you are asking for.

**Complaints expressing dissatisfaction with general availability will go unheeded and so will requests based on not being able to afford the timeshare.

**If there was no deceit then request relinquishment. This is only an option if your Maintenance fees are current and you have no outstanding loan. Contact your resort for more information about voluntary surrender.  

HOW TO FILE A COMPLAINT WITH THE ATTORNEY GENERAL

  1. File your complaint with the AG from the state in which you purchased your timeshare. In “Part 2” of the link below it explains how to find the correct AG and file a complaint. Some states, like California and Nevada, require you file a timeshare complaint with the state’s real estate division.   

Steps for filing an AG complaint

  1. Always send copies of important documents and keep originals
  2. If not filed online, mail your complaint via Priority Mail with tracking.

OTHER CONSUMER PROTECTION RESOURCES

  • Seniors should consider contacting the AARP Fraud Hotline. Weigh their advice as they are not timeshare experts, but it is important for them to be aware that a significant proportion of complainants are age 60 or older. Click HERE to visit the AARP site.
  • Remember to pay no money upfront without reaching out to other members, or a resource like like TUG Timeshare Users Group
  • Forward your complaint to the Association of Vacation Owners.          AVO Contact Us Page

Contact Inside Timeshare if you are interested in helping other members or have questions about the filing process. Our goal is to make consumers more aware of the financial pitfalls that can result if you buy a timeshare you don’t understand or was not presented truthfully. We know there are many who use and enjoy their timeshares and sales agents that sell the product honestly. Honest sales agents are also negatively affected by predatory sales and lending.    

Timeshare Accountability Group™

Well that is all for this week, remember, before engaging with any company that contacts you or you have found on the internet or through adverts in publications, do you homework and stay safe.

Have a great weekend.

The Tuesday Slot

Welcome to The Tuesday Slot, this week we welcome another new contributor, known only as “Industry Observer” as he wishes to remain anonymous. The introduction is once again by our very own Irene Parker, who was very excited to have this published, as it is from someone who has watched the industry for many years even though he has never purchased. It is certainly a very welcome independent insight into the timeshare industry and sales presentations.

Firstly a little news provided by Canarian Legal Alliance, they are certainly going to be keeping the courts busy over the next month.

At present they have in various courts around Spain 75 pre-trial scheduled, the three main timeshare companies are Anfi on Gran Canaria, Silverpoint on Tenerife and Club la Costa who have resorts on mainland Spain and the Canary Islands. Pre-trials are basically a formality and a last chance for a settlement to be reached before the case goes to a full trial. At the Courts in Maspalomas, Gran Canaria, 4 judges have been dealing with cases at this stage and issuing sentences without the need to go to a full trial. They have sat on so many cases now that they feel it is a waste of the courts time to set full trials. This has certainly speeded up the process for many clients.

Along with the pre-trials, the are 26 trials to he heard against the same timeshare resorts, again at various courts around Spain. We hope to bring you news of the conclusions as and when the cases are concluded and the judges issue their judgements.

One of the many complaints that Inside Timeshare receives from readers about their timeshares is the number of resorts that are advertising on the internet and the various booking websites.

This was sent to Inside Timeshare from one very angry reader, (see link below), it is for Select Marina Park, Mijas, Costa Del Sol. This is a Club la Costa Resort, which as we know is not a cheap timeshare to buy. It also uses the points system, which has been deemed illegal by the Supreme Court on many occasions, the reason is that it lacks any substance.

What that means is that you do not actually have any guarantee of booking your holiday accommodation, it is subject to availability. Yet this resort is being advertised on hotels.com for a fraction of the cost of the exorbitant maintenance fees that owners / members are required to pay annually, on top of the original extremely high purchase price. Is it any wonder that so many timeshare purchasers want out of their contracts!

https://uk.hotels.com/ho278895/?q-check-out=2019-02-24&tab=description&q-room-0-adults=2&YGF=14&q-check-in=2019-02-17&MGT=7&WOE=7&WOD=7&ZSX=0&SYE=3&q-room-0-children=0&fbclid=IwAR1grWTKZjEyb8FbVqjn5cSw_7EABpY-akPpfUEq9Z51wfQ_LSmrzDgiTVs

Now for our Tuesday article.

Why at Age 70 I Have Never Attended a Timeshare Presentation

Introduction by Irene Parker

Timeshare members are always grateful when a member who has been through the complaint or foreclosure process, thinks beyond their own Nightmare on Timeshare Street to support others. There is nothing more frustrating than groveling before timeshare customer service representatives who dismiss complaints of unfair and deceptive sales practices with, “You signed a contract” or “We are not responsible for what our sales agents say.” Our deepest gratitude to the author of today’s article who has been keeping Charles and me informed of industry developments over the past two years so we can in turn pass that information on to our readers. He has never owned a timeshare.  

By an Industry Observer

January 22, 2019

I have been a timeshare industry observer since 1985. I have concluded that timeshare is not for me. I shun contracts (especially perpetual ones) and I don’t plan very well in advance. For those with disposable income and the ability to plan, timeshare may be a rewarding experience. However, I would advise looking to the resale market for the best bargains. And, I would study the industry before dipping my feet in the resort pool.

In 1985 my wife and I were at North Myrtle Beach, South Carolina on our first beach vacation. Upon leaving the supermarket, I noticed a flyer underneath our car’s windshield. Similar flyers were under all the out-of-state car windshields. The flyer offered a $40 gift to preview a new resort in North Myrtle Beach. Husband and wife were required to attend. A minimum income of $30,000 was required, as well as a driver’s license and credit card. Military couples with a certain minimum grade level were also welcome. I thought, “Why do they have to pay people to go see something for sale?”  People don’t get paid to look at houses or condos, and condos were quite the rage in Myrtle Beach in 1985.

I filed this experience in the back of my mind. It would reemerge numerous times in the future. On subsequent vacations to Myrtle Beach, Virginia Beach, Charleston, Orlando, Branson, and of course, Las Vegas, I would become more than aware of the smiling faces of OPCs who wanted to be my friend to get me to attend a tour, open house, remodel, new resort – whatever. Each approached us at a boardwalk or a booth, often a hyped-up boy or girl who had something special to share with me for only a few minutes of my time (90 minutes). I always reacted poorly to these solicitations since #1: I was on vacation and #2: I am not a real estate guy.

Fast forward to 2012 – I was in the midst of closing a company that I had run for 24 years. The economy had been unkind to the printing industry. I had to close the doors to my tiny empire and move to an early retirement. Fortunately, I could afford to do so. In 2013, finding myself with time on my hands, I decided to study the timeshare industry which had been in the shadows of my vacations. Three of my friends owned timeshare in different systems. I had quizzed them on their experiences. One loved his relationship.  The other two had mixed feelings about whether the process was worth it.

I began to google the names of timeshare operators along with keywords – problems, complaints, regrets, and lawsuits. Come to find out, there were a lot of people who bought timeshares that either didn’t want them or felt they had been duped into buying them. As mentioned, many are satisfied with their purchase, but it appeared many families had been financially harmed by their decision to buy a timeshare.

I have spent five plus years spending an hour or two a day on sites like TUG, RedWeek, Inside Timeshare, Inside the Gate, YouTube, and complaint sites. I developed a theory as to how the timeshare companies succeed in plying their trade.

Here are my simple conclusions:

First:  It starts with a bribe. It may be money, food, gambling, discounts, shows, or trips. Prospects are offered something of value by an OPC (outside person contact) for attending a presentation.  David Siegel, Jr. of Westgate timeshare fame, has termed prospects “mooches.”

https://www.youtube.com/watch?v=Y_gFaO11sNY

Second:  It is seldom the promised 90 minutes. The goal is to play a game of attrition. The longer the interview, the better the chance of capitulation – the customers will buy SOMETHING even when there may be an agreed upon pact not to buy. There is a good possibility that the prospects will break down and sign just to get their gifts and get out the door.

Third:  There will be more than one presenter. First is the “greeter” who will become your friend. They need to see your driver’s license and credit card. The driver’s license is to verify the family relationship and the credit card is to run a credit check. The credit check may be an unwanted surprise. The first sales agent will extol all the virtues of membership. If there is no bite, he/she will get approval to lower the price. After the initial sales agent, comes the manager or “closer.” He/she is out to make sure a sale happens. The friendliness will have worn thin. Prices will be reviewed and maybe lowered again. The sale needs to be made. If no sale has ensues, then comes the “survey person.”  He/she will review the presentation, the offers, and reasons for not buying. He/she will try one last attempt to sell an exit package. It may be a “discovery” “trial” or “sample” package. This will allow the prospects the chance to check out the resorts in the system, but requires another presentation. Trial packages are limited in scope and availability.

Fourth:  The whole job of the sales team is to make a SALE and that sale needs to be made TODAY. They know no one comes back later to purchase a timeshare. The sales team is on commission. They don’t eat if they don’t sell.

Fifth:  Truth may take a back door to the need for a sale. There is a clause in most, if not all timeshare contracts, that says the prospect did not rely on verbal representations to make their purchase. How many of us have relied on the ethics of the salesperson sitting across from us when buying a car, boat, condo or house? In Florida timeshare sales agents are licensed sales agents but they are exempted from the ethics requirement! It’s pretty scary if you can’t rely on ethics.

The terms of the contract are in the contract – not in the words of the salesman. The salesman may say that the company will buy back your timeshare. They won’t. He/she may say that the timeshare will go up in value. It will not.  He/she may say that you can go anywhere at any time. Complaints about availability abound. Attorney Mike Finn called this verbal representation clause a “license to lie,” and the beleaguered buyer unwittingly signs voluminous documents containing this one toxic sentence timeshare companies over-rely on.

Sixth:  Most timeshare contracts are perpetual. Once the three to ten day state contract rescission period is up, the buyer may have no other option but to pay the mortgage and maintenance fees if they cannot convince the timeshare company to break the agreement. It can be sold or given away, but the marketplace is almost non-existent. A default can have dramatic consequences on one’s credit score.

Seventh:  Sales people will make sure that no hand-written notes leave the room. False promises are not in the contract. The contract is long and initialed in many places. There are three things to be especially aware of.

  1. There is often a clause that says the company can change the terms and conditions of the contract whenever they want. Why even have contracts when benefits can be changed at any time?
  2. Accommodations are subject to availability. There are many complaints about lack of availability. Actual availability often cannot be verified until the buyer has access to the booking site, conveniently after the rescission period has expired.    
  3. These days contracts are often signed electronically, meaning your initials are stored and then tapped, tapped, tapped on a cheap tablet even tech savvy buyers find hard to read.

Eighth:  Timeshare contracts have a rescission period, which varies by state. It may be three to ten days. There are creative ways sales agents and their company can dodge the rescission period. A new program to be relieved of maintenance fees (that doesn’t exist) won’t be available until after the first of the year. While on vacation, sometimes with the kids, reviewing complex contracts can be a difficult chore. Sadly, even reading the contract doesn’t always disclose some of the pitfalls, like availability.

Ninth:  Roughly 50% of the cost of a timeshare purchase is the marketing, promotion, and commission costs. Think about it. If you list your house for sale, you pay 6% or 7% commission. What would happen to your home price if you had to pay a 50% commission to buy? Add that to the false promise that your timeshare is easy sell and you have a disaster waiting to happen. Sellers are lucky to get 10% of their initial investment back, thanks to the lack of an adequate secondary market. Timeshare developers don’t even want the timeshare back. You may even have to pay the developer a fee to take the timeshare back.

Ten:  Timeshares can be purchased on the resale market for pennies on the dollar. Sites like Tug2.net, Ebay, and Redweek have real people selling real timeshares for bargain prices. You can check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has a secondary market value. They can explain the pros and cons of buying from the secondary market compared to buying directly from a timeshare sales center. Plus LTRBA members have knowledge of all timeshares.

Don’t jump. Don’t believe you have to buy TODAY. Research the company. Research the industry. Social Media is here to stay. Chances are there is a member Facebook page out there for the timeshare you are considering, with members reporting positive and negative experiences you can evaluate. Do your timeshare math to calculate the purchase price, borrowing costs, and annual fees, not to mention special assessments. Check the resale market.

Vacation Smart!

Thank you to our Industry Observer for his observations. Here are a few member sponsored sites to check with to determine if you are jumping into your vacation dream so that you don’t end up one of our Nightmare on Timeshare Street authors:

We seek to provide timeshare members 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.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene for the introduction and a very big thank you to our industry observer for this article and all your information over the past two years.

If you have any comments on this or any other article, please use our contact page, we welcome your insights.

If you need any information about any company that has contacted you, that you have found on the internet or from an advert in a publication, then again use our contact page and we will help you do your credibility checks. Remember, doing your homework is one of the most important ways of saving you from losing your hard earned cash.

 

Start the Week: Associates of John “Goldfinger” Palmer Now in Court

It has been announced that the Audiencia Nacional, or Spain’s National Court in Madrid is to hear the case against the business associates of the late John “Goldfinger” Palmer. This case has taken many years to get to this stage, but at last we may be seeing a conclusion to what has been called one of the largest frauds in Spanish timeshare history.

The trial which begins today, Monday 21 January 2019, will see the following defendants appear. Richard Cashman, who is attributed to be Palmer’s lieutenant, Keith Peter Davies, head of the organisation on Gran Canaria, Dean Lawrence Wells, the promoter of the operation, Darren John Morris, Paul John Murry, Christina Ketley, Ramonón Solano Pérez, Jorge Maximiliano Gallart, Neil Campbell and Jacoba Klazina.

The case revolves around the selling of timeshare properties between 1993 and when the organisation was dismantled in 2002 by the then Judge of the Audiencia Nacional Baltasar Garzón.

In the scam which saw hundreds of unsuspecting holiday makers losing many thousands of pounds each, was based on the overselling of timeshare properties with the promise of resales for a profit. It also morphed into a non-existent holiday club set up by the organisation.

At the time of his death at his Essex home in June 2015, Palmer was on bail from the Spanish Courts, even though he had served time in the UK for similar offences.

The Prosecutor’s Office is calling for prison sentences of 8 to 12 years, plus fines of over 2 million euros as a result of its provisional findings. These are for crimes ranging from illicit association, conspiracy, fraud and in some cases illegal possession of firearms.

Although this case has taken many years, it would appear at last that justice may be done, this is may help close a very sad chapter in the lives of the victims, whether they will ever get any of their money back is unlikely.

The Audiencia Nacional is a special and exceptional high court, its jurisdiction covers all Spanish territory, as well as international crimes which come under the jurisdiction of Spanish courts. It consists of:

  • Criminal Chamber
  • Appeals Chamber
  • Administrative Chamber
  • Social Chamber

This case is being heard in the Criminal Chamber which is competent to try serious crimes such as: terrorism, money laundering, genocide, plus many more. It also makes decisions about extradition demands from foreign countries and the execution of European Arrest warrants. They may also hear appeals against rulings from the Juzgados Centrales de lo Penal, (Central Criminal Courts. Decisions by any of these divisions may be appealed to the Supreme Court.

Links to the announcement in the Spanish press.

https://m.eldiario.es/canariasahora/tribunales/Audiencia-Nacional-estafadores-Canarias-Goldfinger_0_859164155.html

https://www.laopinion.es/sociedad/2019/01/20/juzgan-red-mafioso-john-palmer/946217.html

Past articles on John Palmer, the second link includes a recording of the Roger Cook investigation.

http://insidetimeshare.com/timeshare-dirty-word-many/

http://insidetimeshare.com/press-release-from-cla-plus-a-quick-look-at-the-biggest-timeshare-fraud-in-history/

It may be some time before any news comes in about this case, but Inside Timeshare will be publishing the result when it is made public.

Canarian Legal Alliance Announce End of Year Results

What a year 2018 has been for the lawyers at Canarian Legal Alliance, they have recently announced their end of year results and it is impressive to say the least.

They have ended the year with 131 Supreme Court rulings, this is unprecedented in Spanish legal history, the last 2 rulings being made against Diamond Resorts. These judgements reinforced the previous ones by Spain’s Highest Court that contracts over 50 years, floating weeks and points systems along with the taking of any payment, even by a third party within the cooling off period are in breach of Spanish Timeshare laws 42/98 and 4/12.

In another landmark ruling from the Courts of First Instance in Tenerife, Silverpoint and their lawyers admitted that their “Company Participations” were indeed timeshare. This has now opened the way for many more clients who have been sold these “participations” as “investments” to now lodge claims against Silverpoint. This will result in the contracts being declared null and void plus the return of all money paid. (See previous article)

http://insidetimeshare.com/silverpoint-company-participations-is-timeshare/

Here are some key figures for the past year:

  • 3669 clients
  • 1380 live cases in various stages at court
  • 679 court hearings in 2018
  • 516 new claims presented to the Spanish Courts
  • 327 favorable sentences for clients
  • 12.3 million Euros have been awarded (2018 only) to clients by the Spanish Courts
  • 2.8 million Euros in payouts to clients
  • 728.000 Euros in bank guaranteed funds secured for clients
  • 4.5 million Euros are currently in process of being converted into bank guarantees

As the year drew to a close and the courts recessed for the Christmas break, Canarian Legal Alliance also managed to sneak in 10 more results in favour of their clients against the following:

  • Anfi                                   Court of First Instance             26,400€
  • Anfi                                   Court of First Instance             55,994€
  • Anfi                                   Court of First Instance               9,795€
  • Anfi                                   Court of First Instance             12,400€
  • Anfi                                   Court of First Instance             12,800€
  • Anfi                                   Court of First Instance             18,376€
  • Anfi                                   Court of First Instance             39,590€
  • Holiday Club                 Court of First Instance                4,500€
  • Silverpoint                     Court of First Instance                5,400€
  • Club la Costa                 Court of First Instance              29,768€

This is an incredible 214,590€ secured for these clients, with all contracts being declared null and void.

These figures speak for themselves, no other law firm in Spain has achieved anything near to this, so for those who continue to post on various forums that these are all fake, check your facts before you post. These cases can all be verified through court documents, they are in the public domain.

It is quite clear that 2019 is also going to be a record breaking year, especially now that all courts are subject to the rulings of the Supreme Court. Inside Timeshare will bring you the latest news on cases as and when they happen.

If you require any further information on this subject or would like to know if you have a legitimate and viable case, then use our contact page and Inside Timeshare will get back to you.

Other news which has just come in involves the ongoing case against Eze Groups Dominic O’Reilly and Stephanie O’Reilly at Birmingham Crown Court.

December 21st was the final day of a Newton Hearing in the case against Stephanie O’Reilly, Mr O’Reilly was not in attendance as he had earlier pleaded guilty to 27 charges of breaches of consumer legislation and aggressive selling amongst other things.

The reason for the Newton Hearing was that Miss O’Reilly had to explain why she pleaded guilty to Fraud but not as charged. The defense argued that Eze Group had employed the services of a Legal Advisor to ensure that they were compliant with UK law and that this advice was wrong which ultimately led to the mis-selling of the product.

This argument was vigorously rejected by the prosecution, who were also able to produce documentation refuting the argument. This was accepted by the court and a date of 11 January 2019 has been set for what we believe will be sentencing. We will bring you this news as and when it happens.

If you have any comments on this or any other article, use our contact page, Inside Timeshare welcomes your comments.

Mid Week Report: Diamond Resorts Receive Second Supreme Court Sentence

The Supreme Court, Spain’s highest judicial body has again found against Diamond Resorts as per their previous 129 rulings. This week alone Diamond have lost 2 cases at the highest court in Spain, it all centers on their points system which has been declared an illegal product due to lack of tangibility and the length of the contract.

In the past three years, the Supreme Court has ruled on 131 cases involving the sales of timeshare, each time it has upheld its previous rulings, on many occasions it has added further rulings on the interpretation of the Spanish Timeshare Laws 42/98 & 4/12.

The latest case started with a trial at the Court of First Instance No 24 in Tenerife, the judge in this instance found for the clients as dictated by the previous ruling of the Supreme Court and the Spanish Timeshare laws.

The infractions were the contract had no end date, which is in contravention of the law as laid down and reinforced by previous rulings, the law clearly states that a timeshare contract should be a minimum of 3 years and a maximum of 50 years in duration. The second was the points system, which shows no tangible product, this being a fixed week number and fixed apartment number, which guarantees the purchaser the period and accommodation each year.

The Judge ruled in favour of the client, declaring the contract null and void plus the return of all money paid. However, Diamond did not agree and promptly appealed the decision to the High Court.

During this appeal, Diamond pleaded that what they had sold was not timeshare, that just like Silverpoint, these were “investors” and not consumers of timeshare. For some reason the judges at the High Court agreed and overturned the decision of the Court of First Instance.

The lawyers of Canarian Legal Alliance representing the clients, placed an appeal with the Supreme Court. The Supreme Court had already previously ruled on the point of “investors as opposed to consumers”, ruling that they are consumers.

On 13 December 2018, the judges of the Supreme Court overturned the decision of the Tenerife High Court upholding and reaffirming the ruling of the Court of First Instance, in favour of the client and in accordance to their previous rulings.

The court along with the original decision declared the contract null and void, awarded over 11,000€ plus they ordered the return of all legal fees for the original case and the appeal, sending it back to the original court for execution of sentence.

The full sentence can be seen in the PDF below.

Supreme Court 2nd Diamond sentence data protected

Over the past 3 or so years the Supreme Court has been consistent in reaffirming their previous rulings, which all courts must abide by. The basic rulings are that deposits or any payment made within the cooling off period are illegal, including those made to a third party. The points and floating weeks systems are not permitted as they do not guarantee anything to the consumer. The duration of the contract is another aspect they have consistently ruled upon, that any contract with a period of more than 50 years is not permitted.

As with the Silverpoint rulings on the “investment packs” which Silverpoint argued made the purchaser an “investor” not a “consumer”, the court has ruled these are indeed timeshares and the law applies. This is also being used in the case of fractional ownership and more recently the Silverpoint Company Participations, the courts have ruled that they are timeshare and that the consumer has the full protection of the timeshare law.

On the point of “investing”, timeshare is not an investment in property, it is a right of use and enjoyment of accommodation for specific periods of time, therefore it should never be marketed or sold as an investment. This is actually borne out by First National Trust in 2012, they are the trustees for the Club la Costa Fractional Owners Club, they informed CLC that fractional should never be marketed as an investment. (See link below).

http://clcmembers.blogspot.com/

Over the years we have seen many timeshare companies change the product, giving it new names, in many cases it has been a blatant attempt to bypass the timeshare laws, but thanks to the courts and especially the Supreme Court, this has been thwarted.

As with any new law, it has taken a long time and many test cases to clarify the interpretation of the law, there is still a long way to go as timeshare companies try to evade the strict laws which now govern the sale of any timeshare product in Spain.

  • Have you purchased a timeshare in Spain or upgraded since 5 January 1999?
  • Is the contract over 50 years in duration?
  • Is it a floating weeks or points system?
  • Have you purchased fractional?
  • Did you purchase the Silverpoint “Investment Weeks”?
  • Are you a participant in the Silverpoint “Company Participation” scheme?
  • Have you paid any money within the cooling off period?

If you can say yes to any of these questions, then you may have the right to have your contract declared null and void, along with the return of at least your purchase price, double whatever paid within the cooling off period.

If you require any information on what your rights are and whether you do have a valid and viable claim, then use our contact page and we will point you in the right direction.

You should also bare in mind that these claims must go through a Spanish court using a genuine Spanish registered lawyer, your contract must also still be running. Once you have cancelled any ownership / membership, then you lose your right to file with the courts.

Remember, before you do anything, do your due diligence and check who you are dealing with, do not take at face value some of the claims many companies will make. If you require any help in determining the validity of any company that contacts you, that you find on the internet or through adverts in magazines or newspapers, then contact Inside Timeshare for the best advice possible.

Stay safe and do your homework.

Start the Week

Welcome to Start the Week and our countdown to the Christmas break, we begin this morning with news from the Spanish Courts.

This morning Inside Timeshare has received the following information regarding our old friends Silverpoint, this company is certainly taking a bashing in the courts, contrary to what some might have you believe.

The other breaking news is there has also been another ruling from the Supreme Court, making 130 in total against the timeshare industry, the company on the receiving end is Diamond Resorts.

On Thursday 13 December in the Court of First Instance No 5, Arona Tenerife, Silverpoint were once again found to be in breach of the Spanish Timeshare Laws 42/98 and 4/12, in respect of their product called “Company Participations”.

As we have reported on many occasions this scheme was designed to bypass the current timeshare legislation, instead of purchasing weeks in an apartment the unwary consumer is sold “participations” in apartments which are “registered” as companies. These companies are administered by Silverpoint and Excel Resorts, with the purchaser believing they are “investing” in a “company”. The terms of the contract are complex, with purchaser having no rights to know who the other participants (share holders) are, they also have no right to use the apartments they have purchased these in these “participations”, but are given weeks they may use in other apartments and resorts.

As with the old Silverpoint scheme of “investment weeks”, purchasers are promised a variety of incentives, these are in the form of “dividends” paid each year for the rental income of the “participations” they have purchased, unfortunately many are still waiting to receive them. They also then have the option after 3 years to “sell” their “participations”, but not on the open market, they can only be “sold” to other participants, but only through Silverpoint who will broker the sale.

In the latest sentence, the judge has clearly stated that these “Company Participations” contracts are a blatant disguise of a timeshare product.

The sentence also states and reiterates the ruling from the Supreme Court (STS16/2012 of 16 January) that these purchasers are indeed Consumers and not investors. (Page 2 of the sentence PDF below)

Silverpoint Sentence 13 Dec

The court declared the contract null and void and ordered Silverpoint to return the full purchase prices plus double the deposit paid, a sum of over 108,000€.

The courts have also place another 3 embargoes on Silverpoint accounts securing over 130,000€ for clients who have been awarded their money back.

The Supreme Court has issued their 130th ruling against the timeshare industry, the very first against Diamond Resorts!

The court has upheld previous rulings that the points system is illegal, along with the perpetuity contract which contravenes the maximum duration of 50 years as demanded by law.

Diamond Supreme Court 11 Dec

Although the amounts awarded are not substantial, this ruling now proves that even Diamond are not immune from being prosecuted under Spanish Law.

Both of these cases have been brought on behalf of clients by Canarian Legal Alliance, the leaders in the field of timeshare litigation.

In other news, it has been announced that the CEO of the American Resorts Development Association (ARDA), Howard Nusbaum is to retire in 2019. The board of directors has appointed a committee to search for a new CEO, the members will be working alongside a leading executive search company Spencer Stuart, who will be managing the process.

Whoever is appointed will certainly have a lot on their plate, the timeshare industry is in dire need of a thorough shake up, so let us hope that the new CEO will have the guts to make sure their members start to treat consumers in a better way than we are seeing at the moment.

So that’s it for today, if you require any information on any of the articles published, companies that have contacted you or would like to know where you stand in regards to your purchaes of any timeshare product, especially the “company participations” from Silverpoint, then use our contact page and we will get back to you.

Silverpoint: Company Participations is Timeshare

A few years ago Silverpoint changed their usual “investment” packs  into “The Company Participation Scheme”. This is where the clients are then sold “participations” (not shares), in “registered” companies. These are actually apartments that are registered as companies with names like “Palm Beach 112”, using the names of the resorts along with a number, (possibly the apartment).

Once again like the “investment” weeks the whole point is to dodge the strict timeshare laws, which at first Silverpoint were successful in doing so. They actually fooled the courts in the early days that the purchasers were not buying timeshare but were investing in property. Eventually the Supreme Court ruled that these clients were buying timeshare and were not investors, therefore they had the full protection of the timeshare laws.

Since that first ruling Silverpoint has been on the receiving end of many court cases, almost on a daily basis, with the court’s finding for the clients. This is costing Silverpoint hundreds of thousands of pounds.

In a new and unprecedented case these “Participations” have been shown to be what they are, timeshare by another name, or what we at Inside timeshare would call a “Pig in a Dress”.

Company Participations “Pig in a Dress”

It all revolves around a case brought by Canarian Legal Alliance on behalf of clients at the Juzgado De Primera Instancia No2 in Arona Tenerife, (Court of First Instance), on the 20 November 2018.

In this pre-trial hearing, which is usually a precursor to a full trial, something very extraordinary took place, before the Judge, Dña Lara Etelvina López Jiménez, Silverpoint and their legal team admitted that the “Company Participations” are indeed “TIMESHARE”!

This admission is going to have a very profound effect on all pending cases, it also opens the gates for many more “victims” to come forward and place claims against Silverpoint, not just to be reimbursed with their “INVESTMENT” but also have the contract declared null and void.

Judge Lara Etelvina López Jiménez decided on this admission that there was no need for a full trial to take place and closed the proceedings issuing her judgement and sentence within days of the case.

She ordered that the contract be declared null and void with the return to the client of 81,700€ including legal interest and fees. (Click on the PDF to see the court document).

Silverpoint_Company_Participation_Sentence_1_instance

The client was represented by the CLA Team of lawyer Miguel Ángel Méllian Santana and Procurador Buenaventura Alfonso Gonzalez.

Miguel Ángel Méllian Santana

So what exactly is this “Company Participation”?

Well, it is a rather sophisticated scheme designed as we said to circumvent the timeshare laws, “Participants” purchase a number of participations in the companies, which are actually the apartments registered as companies. The idea is they will receive a “rental” income with a yearly dividend of about 4% of the income rental. They are also should be able after 3 years to “sell” their participations, the only thing as we have found out from one of our readers is that they can only be sold to other participants. One slight problem here, they don’t know who they are and have no way of finding out, but according to our readers information, Silverpoint will approach them with the sale!

Attached to these “participations” are also holiday weeks which the “investor” is able to use, which does put them into the realms of timeshare.

Now as far as the “dividends” are concerned, some have received them in the first couple of years of “investing”, but as we are increasingly finding out most are now way behind on receiving them for this year.

The reason is that Silverpoint and Excel Resorts, who are the managing company of the resorts themselves have had a very severe falling out, with Silverpoint losing all marketing rights. So when these “investors” enquire and complain that they have not received their dividends for this year, they are told by Excel that they are waiting for Silverpoint to pay them.

When the “investor” makes further complaints and threatens legal action, it appears that Excel pays them the dividend, the only thing is it is with the “investors” own money which they have paid for the “participations”. I don’t know about you, but to me this looks like the classic “Ponzi scheme”!

What is a Ponzi Scheme?

Here is a simple explanation.

A Ponzi scheme (/Ponzi/ also a Ponzi game) is a form of fraud which lures investors and pays profits to earlier investors by using funds obtained from more recent investors. Investors may be led to believe that the profits are coming from product sales, or other means, and remain unaware that other investors are the source of profits. A Ponzi scheme is able to maintain the illusion of a sustainable business as long as there continues to be new investors willing to contribute new funds and most of the investors do not demand full repayment and are willing to believe in the non-existent assets that they are purported to own. (It is also known as a Pyramid Scheme).

It is actually named after Charles Ponzi who became notorious for exploiting it in the 1920’s, it also has roots in literature, being used in two Charles Dickens novels Martin Chuzzlewit (1844) and Little Dorrit (1857).

In further developments it has also come to our attention that Diana Aitchison, Chief Operating officer at Silverpoint, has recently parted company with Silverpoint, she is apparently now in the reservations department of Excel Resorts and Hotels.

This does indeed acknowledges a huge split between the two companies, one problem which Excel will have with the move of Diana Aitchison, is the fact that she signed off many of these “participations” for Silverpoint. This along with the fact that Excel is listed as “Sole Administrator” for these “registered” companies indeed shows a legal link which will only help those future cases.

We will bring you further information as we get it, but for now this recent development is going to please many of those who “INVESTED” in this scheme.

Have you been a victim of this or a similar “timeshare” scheme?

Have you been a victim of Resort Properties / Silverpoint and want to know the way forward?

If so use our contact page and let us know, Inside Timeshare will explain what your options are and point you in the right direction. You have rights under Spanish law for redress, don’t lose out on your chance to regain your hard earned money and have the contracts declared null and void.