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TCA

Start the Week

Welcome to the start of another week with Inside Timeshare, it has been a rather quiet weekend with not many emails with the usual horror stories of scams and more scams with new names being added to the ever-growing list. At the end of Friday, the following news came in with the latest court cases for that week.

Once again Canarian Legal Alliance had a very successful week in the courts, they received 18 rulings in favour of their clients with 4 of these being firm sentences from the High Court.

To explain, a firm sentence from the High Court is where one party usually the timeshare resort has not accepted the ruling of the Court of First Instance and lodged an appeal with the High Court. The High Court can either reject the appeal and send it straight back for execution of sentence or it may hear the case and either confirm the sentence or overrule it. Due to the Supreme Court rulings, it is very unlikely that they will change the original sentence.

CLA Legal Team

Once again it was Anfi Sales SL and Anfi Resorts SL who had the highest tally of cases found against them with 13 in total. The cases placed before the courts were all the usual infringements, contracts with over 50 years in duration, floating weeks and points systems and not to forget the illegal taking of any payments within the statutory cooling-off period. Contracts were all declared null and void with a total of 689,117.15€ being returned to the happy clients.

Silverpoint came in second place with 3 victories for the clients, again the contracts were declared null and void with the usual variety of infringements, points, floating weeks, length of contracts and the taking of payments during the cooling-off period. In total, the courts awarded 240,687.12€ back to the clients.

Holiday Club Gran Canaria received yet another ruling declaring the contract null and void and the client being awarded 16,310.10€.

The last company is Regency Resorts and Tenelosa SL, with the court’s ruling that the contract is illegal and declaring it null and void, the lucky clients, in this case, will now receive 29,877.15€.

These cases do show that the courts are consistently ruling in favour of the clients and following the rulings laid down by the Supreme Court in the 130 cases which they have heard over the past few years. This should leave clients and timeshare operators that the courts will uphold the law and protect consumers from the type of illegal contracts which have been sold for many years.

Moving on from the courts, it has been noticed that mindtimeshare has not been very active recently, the last post they published is dated 14 November 2019. Now considering that they tended to post on an almost daily basis this lack of articles is very noticeable and we find it to be very unusual.

Could it be that they are now so low on funding that the staff have been laid off?

It was a very rough ride for that particular blog site especially when Alberto Garcia was disgraced, having to resign his role as director and then they lost all their funding from the RDO (Resorts Development Organisation).

So could this be the last of mindtimeshare, only time will tell?

It has also been noticed that the TCA (Timeshare Consumer Association) has improved the articles they are publishing, obviously, this is due to the fact that ECC has now taken control from Mark Rowe.

Under Rowe’s control, the TCA lost all credibility and it became just a wagon to promote his own companies, that is not what the TCA was intended to do when the late Sandy Grey began operating many years ago. It does look as though under the ECC we will see this publication going back to its roots and providing consumers with genuine facts and information. Inside Timeshare welcomes this change and hopes to collaborate with them in identifying the growing number of scam companies.

That’s all for today if you would like further information on your timeshare, whether you have a valid claim, just want to know how to get out or would like to know if a company is genuine then please use our contact page and Inside Timeshare will get back to you.

Another New Timeshare Claims Company

Once again one of our readers has pointed out another company that is offering timeshare reclaims, they are called Timeshare Redress with the website:

https://timeshareredress.com

With the following address Telephone number and email:

Ground Floor, 22 Vantage Park,

High View Close, Hamilton,

Leicester LE4 9LJ, United Kingdom.

0800 051 1738

[email protected]

The website is very new only being registered on 8 June 2018, with the registrar hidden by redaction for privacy, yet according to the Home page they are “helping clients claim back £thousands”, that they are “One of the leading claim handlers in the UK”, also stating they work on a “no win no fee” basis.

Well, for a website only registered less than 2 months ago these are rather grand claims to be making. So who are they?

The actual company is called Money Redress Limited with the company registration number 10483863 and registered at the above address. The company was incorporated on 17 November 2016 so only just under 2 years old.

The first director was Ian Richard Francis, who resigned on 25 April 2017, being replace by Robert James Jeffrey Ridge on 2 March 2017.

Mr Ridge who is aged around 41, has had a total of 18 appointments, 5 which are still active, 1 in liquidation and the rest are dissolved companies. One company is also registered at the same address which is called Pension Calculator Limited, Company number 08957148.

According to their website, (About us) they are working in partnership with one of the leading law firms in Spain, yet they do not name them anywhere on their website, surely that would be one of the most important points to give credibility?

They do go on to state the following about their Spanish partner:

  • Listed as recommended lawyers with the British Embassy/Consulate, US Embassy and Irish Embassy, as well as being members of regulated legal bodies such as the IBA (International Bar Association).
  • Qualified Legal Representatives: Their legal team are made up of fully qualified and experienced lawyers who can provide you with comprehensive information, detailed estimations of all fees, costs and taxes involved, and clear and concise explanations of the legal process.
  • No language barriers: Their office staff include native speakers from the UK and US, as well as Spain, and staff who can converse with you in English, French, German, Russian and Swedish – so you can be confident of fully understanding the legal process throughout the course of your case.

Inside Timeshare did contact the leading law firm in this field to check if they had any knowledge of this company, but they had never heard of either Timeshare Redress or Money Redress.

The website does emphasise the Spanish Supreme Court rulings and cases brought in Spanish courts against 5 of the major players in the timeshare industry, but again no mention of which law firm is responsible.

The Latest News section shows three reports, all three taken from other sources, one from New Business and the other two from the Telegraph. One of the articles from the Telegraph is extremely dated as it has quotes from the TCA by the late Sandy Grey, who as we know passed away in 2013.

When you check the Services section, you will get a drop box with the list of timeshare companies, each one takes you to a contact form asking for very basic details Name, telephone, email and was the timeshare purchased or upgraded after January 1999 and then a submit button.

So what can we assume from this website?

At first glance is does appear to be a “lead generator”, submit the details and they are then free to contact you and pass you on to another company, thus getting round the new data protection laws.

So what about the no win no fee aspect?

As we know any legal action through the courts in Spain requires a Spanish registered lawyer, it also requires that legal fees are paid upfront, so this rules out the no win no fee aspect. Although the no win no fee could be the success fee payable on completion of the case and a successful payout from the timeshare company through the court. Only one snag here, these cases can take a long time to actually get through to the payout stage, according to cases at court now, they have taken around 12 to 14 months to reach the trial date, this is without the timeshare companies making an appeal when they lose. One just wonders if these people will still be about by then?

Once again we have a new player on the block, with no actual evidence of who is behind it, after all directors are only the front men, not necessarily the owners of the business. We have a website that is very new yet makes some very big claims, a section which is typical of a lead generator and no mention of which law firms they are in partnership with. All this leads us to view them with great suspicion, as we keep saying the timeshare claims business is a very lucrative area and since the first Supreme Court rulings many have jumped on the bandwagon, even though they have no actual knowledge of the timeshare industry or timeshare law.

This is a classic example of why you should be doing your homework, finding out about any company that contacts you or you have found on an internet search, popup advert or even adverts in newspapers and magazines. After all, we even have the story of one reader who answered and advert in the Royal British Legion Magazine, a trusted organisation, then got scammed. As we explained to her, the marketing companies sell advertising space, they don’t do checks on the credibility of advertisers!

If you have any questions are need help in checking any company, then use our contact page and Inside Timeshare will point you in the right direction.

Join us tomorrow for our Friday’s Letter from America, with a Timeshare Report by the St Louis Better Business Bureau, edited by our very own Irene Parker.

Thursday Updates

In Yesterday’s article on RSB Legal based in Redditch Worcestershire, looking like they have ceased trading, Inside Timeshare was contacted by Praetorian Legal, with the following information which we publish for our readers.

They have advised us that Praetorian Legal had been contacted by RSB Legal in order to underwrite some of their termination business.

Their statement is, if you received a Praetorian Legal indemnity document, they have advised us that Praetorian Legal will honour their indemnity and timeshare owners will remain fully covered under the Praetorian Legal Timeshare Protection Indemnity.

Inside Timeshare would like to thank Gary Smith of Praetorian Legal for responding so quickly, this does show their are some companies who are willing to do the right thing.

Just to finish off today, it was also announced by Canarian Legal Alliance that they have received another ruling from the Supreme Court in Madrid, this now makes 106.

This case involving clients from Norway was against Palm Oasis / Tasolan SL, the lawyer representing them was Miguel Rodriguez Ceballos, CLA’s senior lawyer. The interesting fact about this particular case is the Escritura and the registration of the timeshare at the Property Registry. By registering they were trying to treat the timeshare as property thereby attempting to circumvent the timeshare laws, making then non-applicable. The court disagreed and declared that timeshare law was applicable.

The court declared the contract null and void awarding the return of over 16,000€. One of the infractions of the timeshare law was the length of the contract, being more than 50 years. (PDF of the court ruling is below).

Supreme Court Palm Oasis Tasolan

In tomorrow’s Letter from America we shall be running the story of Gad and Noreen Liebmann, both army veterans and their experiences at the hands of Diamond sales agents. They are currently staging a protest outside Diamond’s Daytona Beach Resort. So do join us tomorrow, it is a story that will make your blood boil!

Inside Timeshare is here to inform you of what is happening in the murky world of timeshare, bringing you the news from the courts, the US and beyond bringing timeshare owners around the world together. We also publish articles about different companies and how they operate, inform you of the fake law firms and what to look out for,so you have the facts who to trust.

If you are unsure about any company that contacts you or one that you have found searching on the web, contact Inside Timeshare and we will help you find out.