Inside Timeshare - Giving you the facts

Time 2021-01-10 17:11:49

Web Name: Inside Timeshare - Giving you the facts

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Welcome to the end of the first full week of 2021, although the news coming from around the world does not look good with increased restrictions on travel and more lockdowns, it doesn’t stop in the world of the timeshare scammers. In fact, judging by the number of emails received along with the comments posted on the various Fb groups, the number of calls seems to be increasing. Many are those which we have already highlighted, some are new, but, they do all have one thing in common, the scare tactics and misinformation. In today’s article Inside Timeshare once again warns Club la Costa members to be on their guard and to seek advice before engaging with any company that calls. First, we have a quick look at what we covered this week.We began the week with yet another appeal by Anfi being rejected and dismissed by the High Court. This was the last sentence issued by the court just before Christmas, so it was very welcome news for that particular client.On Tuesday we had a quick look at our old friends at Mindtimeshare who began publishing again a few weeks ago. Although much of what they posted was out of date, it does serve as a reminder of how careful timeshare owners must be.We also published the latest information on the Financial Conduct Authority and their validation of the loan agreements brokered by Azure through Barclay Partner Finance. In these articles, we published a link to the Fb Group, Azure Malta Action and Support Group who are gathering other victims for a concerted effort to have the validation order overturned.In another case surrounding the subject of jurisdiction, this time it was the turn of Diamond Resorts (Europe) Ltd. Once again the Court of First Instance Number 1 of Fuengirola ruled in accordance with all rulings from various High Courts that Spanish Law and Courts do have jurisdiction and the timeshare companies operating from Spain must comply with the law.Yesterday, in another ruling made by the same Court of First Instance in Fuengirola, ruled in the case of Continental Resort Services SLU, which is a Spanish registered company Club la Costa sales branch, also claimed that their contracts were subject to the Jurisdiction of UK Law and UK Courts.The judge ruled in accordance with all previous rulings and declared the contract null and void with the client being awarded over 41,000€ plus legal interest and costs.This case was brought before the courts on behalf of a German client by Canarian Legal Alliance.Staying with Club la Costa, as we have published previously, there are several Club la Costa sales companies which have now filed for liquidation. We have already been informed that this is being used by some unscrupulous callers to scare CLC members into signing up for relinquishments and claims.They are claiming that members are going to lose everything due to the liquidations, what we can tell you is these liquidations will have no effect on your membership. It does, however, affect any member looking at making a claim against the sales company which sold them the product.The companies which are now going into administration are:Paradise Trading SL;Club la Costa (UK) PLC  sucursal en España;Continental Resort Services SL;California Beach Hotel, S.A.U.PDF copies of the Official Bulletin Announcements.BOE-B-2020-48305-Paradise-TradingDownloadBOE-B-2020-47692-Club-La-Costa-PLCDownloadBOE-B-2020-47691-Continental-Resort-ServicesDownloadBOE-B-2020-47354-California-Beach-HotelDownloadIf you already have a case in the courts, having a case prepared our advice is to contact your law firm or lawyer for clear and precise advice to check if this affects you and your case.If you are contemplating legal action against CLC then ensure that you are being told the correct information. If you would like any further information on this or any other timeshare matter, please use our contact page and Inside Timeshare will get back to you.Have a good weekend and join us again next week for more on the murky world of timeshare.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to print (Opens in new window)Click to share on Tumblr (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pinterest (Opens in new window)Click to share on Skype (Opens in new window)Since the beginning of 2018, Inside Timeshare has been following the case of the Financial Conduct Authority’s validation of Barclay Partner Finance loan agreements brokered by Azure Services Ltd. As we know, Azure Services Ltd was not authorised or regulated to broker any loan agreements, yet Barclay Partner Finance approached the FCA to validate these “illegal” agreements to make them enforceable in law in the case of any defaults in payments. This has affected over 1,400 clients whose timeshare purchases were made using these loan agreements.To recap, these loan agreements were made between 1 April 2014 and 24 April 2016 , the purpose was to finance the purchase of “investments” weeks at the Radisson Blu Golden Sands Resort in Malta. These “investments” were sold with the promise of rental income and a substantial profit from the resale of those weeks after two years.This is the same “investment” product sold by Azure’s sister company Silverpoint (formerly Resort Properties) based in Tenerife, all are part of the Robert Trotta empire which all comes under the umbrella of Limora Investments Ltd.Those sales have been the subject of many court cases in Spain and over 50 Supreme Court rulings, in every case the courts have sided with the consumer.It is also a fact that Silverpoint, Azure and a myriad of other companies within the group have all filed for liquidation. The reason is very simple, it avoids the liability of legal action for the illegal selling of timeshare.Virtually all of these sales were financed by Barclay Partner Finance, with all loan agreements being brokered by the sales staff, which in itself raises the question of “unfair relationship” between broker and lender.It is also a fact that many of the purchasers through these loans were already retired or about to retire. So again it raises the question how were these substantial sums approved as we know for a fact that not one client Inside Timeshare has spoken with has ever or was ever asked to submit a full “income v expenditure” report. This is something which for any sizable loan needs to be done to ensure affordability of the repayments. (see link below on Shawbrook Bank).By the FCA validating these agreements any client who is unable to afford the loan repayments due to a change in circumstances and then defaults, can be taken through the County Courts and receive a County Court Judgement. This also has a severe effect on any credit ratings.Due to the FCA issuing the validation order, this has now left many vulnerable and mostly elderly people in a very difficult position. They have a loan agreement which they were promised would be paid off in 2 years from the sales of the weeks which never materialised.To fight this decision many “consumers” have formed the Azure Malta Action And Support Group, which is located on Facebook. (link below).https://www.facebook.com/groups/1152657598482168Many of these members are already fighting their cases with the help of various law firms, some represented themselves, but due to the validation, they have come together to launch an appeal.They have already sent a letter, a copy of which is on the PDF link below, to the following:The Lord Chancellor Robert BucklandThe Right Honourable Robert Buckland, Lord ChancellorBoris Johnson (PM)Judge HerringtonJudge Timothy HerringtonThe letter goes into great detail on how this product and the loan agreements were sold, the high pressure and lengthy sales presentations. They used techniques such as highlighting the investment into the hotel by two Manchester United players, this along with the fact that BPF was known and tended to be a trusted name, ensured that these non-existent “investments” looked very sound indeed. We do know from the Silverpoint scam, there was never any intention to begin any resales of these “investment” weeks.This is a story which we are sure is not going away for some time, Inside Timeshare will be following developments and will publish any news on these pages.If you have purchased through Azure between April 2012 and April 2014 with a BPF loan brokered by Azure, then you should contact Azure Malta Action And Support Group on the link above.Letter to the Lord Chancellor Robert BucklandBPF FCA Appeal LetterDownloadLinks to the full story in order of publication.https://insidetimeshare.com/starting-the-week-2/https://insidetimeshare.com/start-the-week-13/https://insidetimeshare.com/fca-validate-azure-bpf-loan-agreements/https://insidetimeshare.com/end-the-week-club-la-costa-name-change-and-barclays-acknowledge-repayment-of-interest/General article on loan agreementshttps://insidetimeshare.com/timeshare-loan-agreements/Article on Shawbrook Bank admitting negligence on timeshare loan agreementshttps://insidetimeshare.com/shawbrook-bank-announce-irregularities-timeshare-loans-similar-activities-usa/If you purchased a timeshare using a loan agreement brokered by any timeshare salespeople and would like to know where you stand legally and what options are open to you, please use our contact page and Inside Timeshare will get back to you.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to print (Opens in new window)Click to share on Tumblr (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pinterest (Opens in new window)Click to share on Skype (Opens in new window)Although today in Spain is the Feast of the Three Kings or Día de Los Reyes Magos, or most commonly known as The Epiphany, news arrived late yesterday of yet another case involving “Jurisdiction” of contracts. This is a very important decision from the courts and is following all other rulings made by various courts around Spain on this matter, that Spanish Courts do have “Jurisdiction” on any contract purchased, signed and paid for in Spain, regardless of the “clauses” in the contract.Over the past couple of years, we have seen many cases being delayed due to this particular clause, with some of the very first cases being against Club la Costa with others such as Diamond following suit.Once again it is an attempt to bypass Spanish Law by claiming the contracts fall under the jurisdiction of UK law and UK courts, which in the beginning they did succeed in doing. But through the tenacity of various lawyers who argued that consumers were entitled to the full protection of Spanish Law and that timeshare operators cannot decide which jurisdiction their contracts come under. By doing so they are taking away all the rights a consumer has.The latest case involves Diamond Resorts (Europe) Ltd, a UK registered company which was operating sales of timeshare in Spain. Their contract stipulated that it was subject to “the jurisdiction of UK law and UK Courts” which is blatantly taking away consumers rights.Is their Code of Conduct worth the paper it is written on?It should also be noted that under the RDO Code of Conduct, Part I, Chapter 3, Paragraph 3.5 actually states:“To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”Obviously, the use of the “jurisdiction” clause is a breach of these rules as to comply with “all laws” of the country in which the member operates must be abided by. If this isn’t a breach of RDO rules then we don’t know what is!Palacio de Justicia FuengirolaThis particular case was heard at the Court of First Instance Number 1 of Fuengirola and the case was once again brought on behalf of an English client by Canarian Legal Alliance. As we have seen in all previous cases of this nature, the Judge immediately dismissed Diamond s appeal on Jurisdiction, referring once again to the rulings of the High Court of Malaga. This court along with High Courts in other provinces have all consistently ruled in favour of the consumer that they (Spanish Courts) do and will have full jurisdiction on any contract sold in Spain.In this case, the Judge ordered that Diamond repay the client 17,572€ plus legal interest and the return of all legal costs. The client will also receive a further 8,513€ in respect of original purchases and a further 9,059€ which is double the deposit taken illegally on the day.The contract has also been declared null and void leaving the client timeshare and maintenance-free.The case was prepared and presented by the CLA Lead Lawyer Eva Gutierrez with the client being assisted by Claims Consultant Jake Kaiser.Once again we see the court s ruling in favour of consumers and declaring contracts illegal, as we have said before, it is a problem of their own making, after all, the laws were enacted in January 1999 yet they continued to sell as they had done before believing they knew better. But now they are finding that was a very expensive assumption to make.If you would like to know more and see if you have an illegal contract and what your legal rights are, please use our contact page and Inside Timeshare will get back to you.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to print (Opens in new window)Click to share on Tumblr (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pinterest (Opens in new window)Click to share on Skype (Opens in new window)

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