Silverpoint (Silverpoint Vacations, S.L) reports that since 2012, Reclaim GC has embarked on a sustained campaign of cold calling timeshare owners offering a “no win no fee” legal service with a view to getting them out of their contracts with companies belonging to Resort Properties, and trying to achieve a refund on the original money paid. In this campaign Reclaim GC has included Silverpoint in its lawsuits.
However, Silverpoint considers – as has also been recognised by some of the ‘first instance’ courts – that it is not responsible for any alleged flaws that may have been claimed with regard to those contracts.
In order to promote the lawsuits, Reclaim GC has been publishing some of the rulings delivered by the first instance courts. However, it has not been publishing various other rulings delivered by the courts in which the lawsuits have been dismissed and the plaintiffs have been ordered to pay the costs of the legal proceedings.
Furthermore, in July, the Hon. Provincial High Court of Santa Cruz de Tenerife passed two first rulings regarding these lawsuits. The Court accepted the appeals filed by Silverpoint, declaring that no illegality whatsoever existed. Indeed, in its ruling of 4 July 2014, the Court declared:
(i) that “the claimant received full and complete information both on the essential as well as the non-essential elements of the contract and that he/she perfectly understood its meaning” and
(ii) that “neither the use of aggressive sales techniques has been proven nor that there was a lack of information, nor is there any indication of obscure clauses, nor has the nullity of any clause been requested for being extortionate, nor has this tribunal, once having carefully examined the contract, found the existence of this type of clauses”
In a ruling of 25 July 2014, the Hon. Provincial High Court, after having studied the alleged irregularities stated by the claimants, went on to say that the claimants seemed to be looking for an excuse to unjustifiably terminate their contracts. These rulings were also not published on Reclaim GC’s webpage.
Silverpoint is warning Reclaim GC’S clients that they are not being provided with all of the relevant information on the website to help them to come to a decision as to whether to file a lawsuit – bearing in mind the likelihood of success and the costs that it could entail.
Silverpoint states that it will not desist from legally claiming payment in full of all costs arising from the lawsuits that are filed against it by Reclaim GC’s clients and it will pursue those companies or individuals who seek to cause it damage through the appropriate legal channels.
Arona, 7th August, 2014