Browse Tag

TrustPilot

More Bad News for Puerto Calma & A New Company Appears

Yesterday Inside Timeshare published the story of the refugees being housed at the timeshare resort of Puerto Calma in Gran Canaria. The article focused on the complaints by members who are rather disgruntled at the fact they are still required to pay maintenance even though the resort is closed to them and they are unable to use it. Today we begin with yet another blow to Puerto Calma and a recent High Court decision against them. We also highlight another new company that has just appeared on our radar, the company TSE Management Ltd also makes some very wild claims on their website.

First, we take a look at the latest court case against Puerto Calma.

The case was originally heard at the Court of First Instance Number 4 of San Barlelomé de Tirajana, where the court declared both contracts null and void along with repayment to the client of over 35,000€ plus legal interest.

The companies appearing in court were Holiday Club Canarias Sales Marketing SL and Holiday Club Canarias Resort Management SL, who then launched an appeal against the judgement with the High Court Number 5 of Las Palmas.

Once again the court endorsed the original sentence and dismissed the appeal, the judges confirmed that the contracts were null and void and confirmed the repayment to the client including double the deposit illegally taken within the statutory cooling-off period.

The case was brought on behalf of the Swedish clients by Canarian Legal Alliance with the Lawyer Eva Gutierrez preparing the case and presenting to the court on behalf of the client, with Claims Consultant Michael Gadman assisting the client in the process.

For years Holiday Club along with many other timeshare companies have flouted the laws enacted on 5 January 1999 to protect consumers. The main points of the contracts being illegal are the taking of deposits or any payment within the cooling-off period, the duration of the contracts being over the 50 years allowed by law and the use of floating weeks and points systems which also includes many fractional purchases.

Those clients who have taken these companies to court have not only had their contracts declared null and void thus removing the liability of the annual maintenance fees but also the return of the full purchase price.

We now move to the latest company to come to our attention, TSE Management Ltd, Company Registration Number 12899466. Their registered address is:

27 Old Gloucester Street London WC1N 3AX

The company was only registered on the 23 September 2020 so is just only 2 months old. The registered director & secretary is Sam Haggerty and this is his first appointment.

https://find-and-update.company-information.service.gov.uk/company/12899466

https://find-and-update.company-information.service.gov.uk/company/12899466/officers

They also do not show any telephone number or email address on their website:

https://www.tsemanagement.co.uk/

Which was only registered on 23 September 2020 and is set to expire on 23 September 2021, so another company has just been registered with a website the same age, yet according to their about page, they have been:

“helping with clients property requirements throughout Europe since the early 1990’s, originally established in Brighton the new TSE HQ office finds itself based in central London”.

They also claim on their website that they “won a legal battle against Club La Costa”, apparently this was in May 2020, a full 5 months before the company was registered!

Now they do not say how they won this case, but if it was in court, then the client must have signed up for the case at least 2 years ago, well before they were registered. After all, we do know that Club la Costa does all they legally can to delay hearings, from claiming no jurisdiction of Spanish courts to constant appeals to the High Court and Supreme Court.

We also know for a fact that CLC will not payout voluntarily, they delay payments which have even been ordered by the courts.

TSE Management also shows on their website the Trustpilot logo and five stars, well, again for a company that has only been registered for 2 months that is quite an achievement. Yet when checking the company with Trustpilot, they are not even registered with them.

Now if this information is not disturbing enough it is their approach which has us worried, according to TSE Management, they have been appointed by the Courts in Malaga for a Club la Costa case that has been “stuck” in the courts since 2016. Now we have to ask how do they know there is a case “stuck” in the courts after all the courts do not appoint any third party company or law firm to make contact with “victims”.

If you have been contacted by TSE Management, then please use our contact page and let us know what you have been told.

Do you want to know more about your legal rights with regards to having your contract declared null and void plus the return of your full purchase price? Then please contact us and Inside Timeshare will get back to you.

BEFORE ENGAGING WITH ANY COMPANY THAT CONTACTS YOU REMEMBER

My Thought Today: End of July

Another month gone by and even more judgements from the Supreme Court, four within a week of each other, this means CLA have now achieved 15 judgements. CLA also announced a win at the courts in Barcelona, this was against Club Estela Dorada. Again it follows the Supreme Court rulings and the client was awarded over 29,000€ including legal fees and interest.  According to my sources there are around 100 waiting to be heard at the Supreme Court, so watch this space.

legal clipart

One of my American colleagues Irene Parker sent me a link to a comment on TrustPilot, a review website. It was from a customer who had a great Customer Service Experience (although it does not state if he is a Diamond owner or just a non owner booking):

 

I must be the luckiest person in the world if you are to believe the other reviews on this site as my experience has been the complete opposite.

The agent I have been dealing with Lisa Whincap is probably the nicest and most helpful person I have ever had the pleasure to deal with.

I booked a Holiday then later found there was going to be some building work going on during part of our stay so I called and asked if I could change or cancel my holiday and Lisa could not have been more helpful and went well above and beyond to make sure I was entirely happy. Therefore, as far as I am concerned the customer service in their Spanish office is second to none and I would not hesitate hand on heart to recommend them to anyone I know as I got exemplary service.

Thank You (Shane)”.

 

https://www.trustpilot.com/reviews/577158160000ff00096a4000

 

Irene has been writing for quite sometime on the difficulties of getting out of Diamond contracts she sent me this rebuttal:

 

People don’t get it. That’s great that Shane had a positive customer service experience, but if he spent $25,000 dollars or euros and had a heart attack or stroke tomorrow and could no longer travel, in all likelihood his only option would be to voluntary surrender his points (if accepted), despite many other timeshare resorts providing a secondary market. Who in their right mind would spend so much money on something with increasing annual fees and no exit.  Diamond then takes surrendered points and resells them for full value as part of their industry recapture program. When I called today on behalf of an 83 year old owner, the first thing I was told was a voluntary surrender is not guaranteed.

 

She points out that the problem is not one of customer service while on holiday at the resorts, it is a case of needing to be rid of the timeshare/membership when no longer needed. It is not only owners in Europe that have this problem, our cousins across the great lake have the same dilema. The only consolation as Irene put it to me in one conversation, is the way Spain is on the side of the consumer. Those in the US are now looking to see if they can bring in the same legislation on a Federal level. I suppose this does depend on who wins the presidential election!

floating house

On another matter of how the law works, it has been pointed out that some resorts / companies think they have found a new way around the floating week’s ruling. It appears they are now assigning a fixed week number (from the weeks that can´t sell) and calling them “Flexi weeks”. Although there is a week number assigned the owner is not tied to it, and uses it in the same way as the floating. So it looks like the legal eagles are going to be busy with this one in the future.

 

On the point of Mrs B and the Debt Collectors, the Financial Ombudsman has now taken on the case, so hopefully it will be resolved once and for all, without the need to go to court. Once again thank you for the support received by various legal eagles in the UK.

 

For those of you about to embark on your summer holidays, have a safe journey and enjoy yourselves, but do remember to watch out for the latest innovative idea from your resorts.

 

If you have any questions about any articles published or just want to know how to make the relevant checks on any company, Inside Timeshare is here to help. If you have any information about any article or company you have spoken to and want others to be warned, please let us know and we will publish it. Happy Holidays.

Basic RGB