In recent weeks, Diamond Resorts and Club La Costa have emailed their member databases with statements about ECC and our associate firm of lawyers, M1 Legal, that we consider to be malicious and false. This is not the first time this has happened.
In our view, Club La Costa and Diamond Resorts are continuing to mislead their members.
As a result, ECC has had no option but to ask M1 Legal to begin legal action for defamation. In Spain, defamation is a criminal offence. M1 Legal has confirmed that it has taken the first step against California Beach S.A.U., a CLC company. Once the courts re-open in September, M1 Legal will be submitting a similar case against Diamond Resorts.
Ask yourself: why would these companies go to such lengths to try to discredit us and M1 Legal? We believe the reason is clear. With so many cases already in court submitted by M1 Legal, CLC and Diamond Resorts are concerned about their financial future.
In recent weeks, M1 Legal has secured several wins in the Spanish courts against CLC and Diamond Resorts, in addition to the numerous victories achieved over the past two years.
Club la Costa
On 1 July 2019, M1 Legal reported a victory against CLC in the Court of First Instance in Fuengirola, with CLC ordered to pay the client £30,480.
On 12 July 2019, M1 Legal reported notification of another CLC victory in the Court of First Instance in Arona, Tenerife, with CLC ordered to pay the client £41,590.
On 26 July 2019, M1 Legal notified us of a further CLC victory in the Court of First Instance in Fuengirola, with CLC ordered to pay the client £25,068.
Diamond Resorts
On 27 June, M1 Legal secured a substantial victory against Diamond Resorts, with Diamond Resorts ordered to pay the client £49,729.
On 29 July 2019, M1 Legal secured another victory, with Diamond ordered to pay the client £6,854.
On 30 July 2019, M1 Legal confirmed that Diamond Resorts were ordered to pay the client £34,077.
M1 Legal reports to us facts, not fake claims, and holds the relevant court judgments.
Furthermore, in every case initially submitted to the courts, Club La Costa and Diamond Resorts appeal on the basis that the cases should not be heard in Spain. Since January 2019, we have had 90 cases overruled, which are continuing through to their forthcoming hearing dates.
Cases in the Spanish courts:
- Club la Costa – 307 with a total value of £7.2 million
- Diamond Resorts – 64 with a total claim value of £1.0 million
Kwikchex.com
Kwikchex.com, Timeshare Business Check and Timeshare Task Force are all managed by the same individual, Mr Chris Emmins, who has 17 dissolved companies where he was company secretary or director, as confirmed by Companies House. Mr Emmins is paid by the timeshare industry to manage these websites and present them as the “one to trust”, including the use of the Trading Standards seal of approval. Why is it that Kwikchex never publishes the volume of victories against the timeshare resorts? Kwikchex is paid by the timeshare industry's self-appointed regulatory body, Resort Development Organisation (RDO).
We would also like to report that, in recent weeks and under the guidance of Kwikchex, two clients were encouraged to bring cases against ECC in the UK courts. Both cases were thrown out by the judge, and the clients were ordered to pay ECC’s legal costs of several thousand pounds.
This is because Kwikchex and its associated entities are not lawyers. We encourage anyone seeking advice from these entities to be extremely careful. If you are unsure of your legal position regarding timeshare ownership, you should seek advice from a qualified lawyer—not from an organisation representing the timeshare industry, whose function is to protect RDO members.
REMEMBER THESE ARE THE VERY SAME PEOPLE THAT MIS-SOLD TO MEMBERS IN THE FIRST PLACE?
Our existence is their creation.
For further information, or if you have any queries about your timeshare, please call our advice line on 0203 807 3388 or email pr@timeshareadvicecentre.co.uk.