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TCA

Start the Week

Welcome to the start of another week with Inside Timeshare, we ended last week with news from the courts with all the cases being against Anfi, but at the last minute on Friday news came in from the High Court of Santa Cruz de Tenerife. This was against Silverpoint who appealed to the High Court after losing in the Court of First Instance. We also look today at some of the news published on the TCA (Timeshare Consumer Association) website, with news on Loch Rannoch and a very interesting article on Sarah Waddington Solicitors.

We begin with the news from the High Court Number 3 of Santa Cruz de Tenerife, Silverpoint originally lost the case at the Court of First Instance, where the contract was declared null and void with the court ordering the repayment of over 98,000€ plus legal interest and legal costs.

They duly appealed which is their legal right, but, as usual, the High Court dismissed the appeal and confirmed the original sentence, returning the case back to the original court for execution of sentence. No doubt the lawyers at Canarian Legal Alliance who represented the English client will have already filed with the court for the enforcement of the sentence.

It should also be pointed out that when determining the award, both courts included the double payment of all amounts paid within the statutory cooling-off period. This has almost doubled the original amount the client paid.

The case was prepared and conducted by the CLA Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Jake Kaiser assisting the client.

We now move to a couple of articles published by the TCA last week, the first is about the problems that have arisen at Loch Rannoch Highland Club, which is going to annoy many members.

The management at Loch Rannoch has announced that they are “temporarily” shutting down the resort. They claim it is the fault of the “local lockdowns” and restrictions on travel. According to the TCA report, this was following a disagreement between management and staff which prompted a walkout by senior staff members.

As with other timeshare resorts that have to close down during the current situation, it is expected that members will still have to pay next year’s maintenance fee in full, even though there is no guarantee that they will be able to use their membership.

The TCA report also points to the fact that a police investigation has also been launched into “financial irregularities” and possible “financial embezzlement”.

Obviously, this is a story that we will be keeping an eye on, for the full TCA article please follow the link.

https://timeshareconsumerassociation.org.uk/2020/11/11/serious-problems-at-loch-rannoch-highland-club-in-scotland/

In the second TCA article which is titled:

“Sarah Waddington Solicitors claim to help timeshare owners. But do they?”

They look at the law firm of Sarah Waddington, a UK registered lawyer who claims to help timeshare owners exit their contracts. Obviously, this is for a substantial fee, but as the title suggests, do they actually do what they say, according to some of the reports highlighted by the TCA, it does not appear as though they do.

They give three examples of “clients” experiences with Sarah Waddington and to be honest, they do not look good. Below are links to the TCA article and one of the cases they have shown.

We leave it to you, the reader to decide what you think of this law firm.

https://timeshareconsumerassociation.org.uk/2020/11/13/sarah-waddington-solicitors-claim-to-help-timeshare-owners-but-do-they/

https://www.mynewsdesk.com/uk/timeshare-consumer-association/news/120000-pounds-timeshare-victims-brit-couple-facing-retirement-with-crippling-debts-413008

This is yet another example of why you need to be very careful on whose services you take up when dealing with timeshare “exit or claims”. Just because a lawyer is UK registered does not mean they necessarily have the experience or the knowledge to do the job. It would appear from the examples given in the article that the clients were given some very bad advice which has had very serious consequences for them.

If you have any questions or comments on any article published please use our contact page and Inside Timeshare will get back to you.

The Wednesday Report

In today’s short article we catch up on the latest news from the courts, which today all involve our old friends at Anfi. We follow this with a link to a very interesting article published yesterday by the TCA, it is a rather appropriate article considering our cases today. In this article an ex-sales rep for Anfi explains how you the “UP” (unsold prospect) is convinced to sign up and pay on the day. We would also like to remind you that the BBC Radio 4 program You and Yours will be featuring our Mrs B and her battle with MacDonald Resorts, the broadcast starts at 12.18 pm. It should also be available on catch-up.

After publishing on Friday the High Court Number 3 of Las Palmas issued yet another decisive blow to Anfi, the judges dismissed yet another appeal by Anfi against the ruling from the Court of First Instance.

The Court agreed that the German clients’ contract be declared null and void and upheld the original sentence that Anfi be ordered to repay over 51,000€ plus legal interest.

Once again the awarded amount includes double the amount by way of compensation for the illegal taking of deposits within the statutory cooling-off period.

The case was prepared and presented by the Canarian Legal Alliance Lawyer Eva Gutierrez with Claims Consultant Jasmin Erhard assisting the client.

Court of San Bartelomé de Tirajana

Monday brought the news from the Court of First Instance of SBT, of another Anfi contract being declared null and void with the court awarding the Norwegian client over 33,000€ plus legal interest.

Again when calculating the award the court ordered the repayment in double all the amounts taken as a deposit during the statutory cooling-off period.

This is also another in a long list of cases where the judge has decided at the pre-trial stage that a full trial was not required. From the case being placed with the court to the issuing of the sentence was within 10 months. Let us hope that many more courts take up this stance.

The Lawyer representing the client, in this case, was Oscar Salvador Santana Gonzalez, with Claims Consultant Michael Gadman assisting the client.

Tuesday brought yet another defeat for Anfi at the High Court Number 5 of Las Palmas, with the dismissal of yet another frivolous appeal by Anfi against the decision of the lower court.

The original sentence from the Court of First Instance Number 3 of SBT was upheld and the case returned for the execution of sentence. The sentence declares the contract null and void with the return of over 25,000€ plus legal interest and the return of legal fees. The illegally taken deposits were also ordered to be returned in double.

The English client was represented by Miguel Angel Melian Santana, with Claims Consultant Jake Kaiser assisting the client through the process.

It is now becoming very apparent that Anfi is launching these frivolous appeals for one reason only, to delay the inevitable. Do they honestly think that once the lower courts have ruled that the High Court will overturn the judgement, if so they are obviously very deluded or that their lawyers are raking it in from their client Anfi, either way, they are losing!

Staying with Anfi for the moment, yesterday the TCA (Timeshare Consumers Association) published a very interesting article on timeshare sales. The article featured Stuart Sylvester, who was at one time a very successful sales rep at Anfi.

In this article he explains the psychology behind the timeshare sales presentation, the format it takes and what the sales rep has to do to ensure that you part with your money and purchase one of his timeshares.

He also goes on to explain that once you have signed up, that is not the end of your spending. He states that you are then at the mercy every year, no matter what resort you go to, of the “in-house reps”. These become your new best friends, their job is to part you with your money for all the various upgrades or new products they have in their arsenal.

For those who have been through all this, it will be very familiar, for those who have never attended a presentation, be warned and take notice.

TCA Sales Article

https://timeshareconsumerassociation.org.uk/2020/11/03/timeshare-manipulation-tactics-how-people-are-influenced-to-buy-on-the-day/

That is all for today, don’t forget the You and Yours program highlighting the story of the battle between Mrs B and MacDonald Resorts.

If you have any questions or comments on the articles published, please use our contact page, Inside Timeshare would love to hear from you.

BBC Radio 4 You and Yours: Timeshare Maintenance

Today’s short article looks at the BBC Radio 4 program You and Yours which was broadcast yesterday. In this program, they explored the problem of maintenance fees being charged by timeshare resorts even though members are unable to use them due to the pandemic. We have already seen the underhand methods of Anfi as far as this subject is concerned, several months ago Inside Timeshare reported on the letter being sent to Anfi members who have not been able to use their timeshares this year. In effect, they are holding them to ransom, Anfi will only give them an accommodation voucher to save this year’s weeks only and only if they sign the new contract. This contract will replace the illegal ones which Anfi are currently up to their eyes with in court cases, the point is to legalise the contracts to ensure that members do not then have a right to take a case to court.

The program also involved a spokesperson from the TCA (Timeshare Consumer Association), and also from the RDO, who just, as usual, was non-committal in their response.

The TCA explained that it is fundamentally wrong for these timeshare companies to still charge full maintenance fees from members who due to no fault of their own are unable to travel as flights were cancelled and all the resorts had to close down as each country went into lockdown.

The RDO in it’s response to the question is this fair, basically did not answer, well we didn’t actually expect them to come out in favour of the consumer, but they stated that it was “too early” to give any answers.

So why are the timeshare companies still charging the full annual maintenance fees for this year even when they are closed?

That is a question that we leave you the reader to answer, but we know what our answer is, “GREED”!

To hear the full recording of the program please follow the link below.

https://timeshareconsumerassociation.org.uk/2020/10/29/radio-4-report-on-the-great-maintenance-heist-of-2020-with-timeshare-consumer-association-and-ecc/