Pueblo Evita

Started by Athena Law Solicitors, February 07, 2016, 22:37:16

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Athena Law Solicitors

A member has posted a question about Pueblo Evita, which I think is better dealt with as a separate topic and how she should go about terminating her timeshare at this resort.

Regarding Pueblo Evita, I am acting for a number of clients who have given notice to terminate.

Pueblo Evita will not accept that there is a right to terminate, and my clients are witholding payments. They are adopting the position that due to a number of legal arguments, they cannot be bound to a consumer contract in perpetuity.

Despite the Anfi decision, many consumers paid relatively modest sums to acquire their timeshares, and most simply want to bring to an end the demands for maintenance fees for a product that they no longer want or use.

Once again, it depends on the terms of the purchase contract, facts surrounding the purchase and so on.

In most cases there are sound legal arguments, both under Spanish Law and UK/EU Law, as to why a timeshare should be capable of being terminated.


Athena Law Solicitors

http://athlaw.co.uk

Athena Law Solicitors

Athena Law Solicitors

http://athlaw.co.uk

maccabill

I'd be interested in the Pueblo Evita topic - just spent two hours talking with my Pa-in-law on the same matter.  Is it up somewhere else or are you following this message of yours with further posts? TIA

maccabill

Quote from: maccabill on February 07, 2016, 23:23:03
I'd be interested in the Pueblo Evita topic - just spent two hours talking with my Pa-in-law on the same matter.  Is it up somewhere else or are you following this message of yours with further posts? TIA


Ha - just seen it's the 'targetpoint' thread - sorry.  Looks like I'm about to write a very long post

Raymondo111

Quote from: maccabill on February 07, 2016, 23:23:03
I'd be interested in the Pueblo Evita topic - just spent two hours talking with my Pa-in-law on the same matter.  Is it up somewhere else or are you following this message of yours with further posts? TIA


I was also in the same position with the Fairways Club which is connected to Pueblo Evita, using information from this site I refused to pay as I wanted to give back my weeks back in 2012, Fairways refused and then started the bullying tactics, threatening legal action etc when they knew full well that they had no chance. This was way before the Anfi ruling back in 2015, you have to stick it out and explain that you are not interested as you have made them an offer to give back your weeks which they have refused to take back, eventually they will give up and then you won't hear from then again.
Ray

Jancade

Hi , I am a member with Fairways as well and having the same problem , I have asked them for a copy of my original contract which they no longer have a copy of  , it was  destroyed by them after 7 years, it is illegal for them to do this .

Raymondo111

Quote from: Jancade on February 16, 2016, 15:32:19
Hi , I am a member with Fairways as well and having the same problem , I have asked them for a copy of my original contract which they no longer have a copy of  , it was  destroyed by them after 7 years, it is illegal for them to do this .


There was a Sunday Express article dated February 7th 2010 regarding a couple who owned at Pueblo Evita and were being chased for fees, they went to Court and the case was thrown out due to Pueblo Evita raising their claim in the English Court and not in the Isle of Man where the Company is registered. As I stated in my previous comment this was well before the Supreme Court decision on 'in perpetuity' contracts so there are two get outs here, you just need to inform Fairways that you will not be paying any more maintenance fees and are willing to give them back your Ownership documents.

Then refuse to have any more dealings with them.
Ray

Lizzy

Hi

We own timeshare at Fairways the sister site in Tenerife now owned by Richvale. We were told our purchase was "Perpetuity" we signed this contract on 14th November 1999 and the certificate was issued and dated 18th May 2000. I contacted Fairways last year to advise that our financial situation had changed and would they take the week back, it was a no go, they made a point of saying if the fees were not paid they would look to recover them. I have looked over the information we received from them and nothing states "Perpetuity" but likewise there is no term mentioned (should there be?). Should we take the risk of not paying next year? At the moment we are banking the weeks with Dial an Exchange, really not sure what to do, so any help would be very much appreciated, we don't particularly want a mark on our credit rating if we can help it.
Regards
Liz

Jancade

Hi Lizzy, I have problems with Fairways as well , I contacted Javier who has contacted Fairways on my behalf,
we have asked a lot of question with no reply from the Malaga office. I have not paid my fees this year, this should not affect your credit rating, the only way this can happen if Fairways take you to court and you are issued a CCJ , many people are waiting to get them to court.
Jan

Raymondo111

Quote from: Lizzy on April 28, 2016, 09:00:18
Hi

We own timeshare at Fairways the sister site in Tenerife now owned by Richvale. We were told our purchase was "Perpetuity" we signed this contract on 14th November 1999 and the certificate was issued and dated 18th May 2000. I contacted Fairways last year to advise that our financial situation had changed and would they take the week back, it was a no go, they made a point of saying if the fees were not paid they would look to recover them. I have looked over the information we received from them and nothing states "Perpetuity" but likewise there is no term mentioned (should there be?). Should we take the risk of not paying next year? At the moment we are banking the weeks with Dial an Exchange, really not sure what to do, so any help would be very much appreciated, we don't particularly want a mark on our credit rating if we can help it.
Regards
Liz
Quote from: Lizzy on April 28, 2016, 09:00:18
Hi

We own timeshare at Fairways the sister site in Tenerife now owned by Richvale. We were told our purchase was "Perpetuity" we signed this contract on 14th November 1999 and the certificate was issued and dated 18th May 2000. I contacted Fairways last year to advise that our financial situation had changed and would they take the week back, it was a no go, they made a point of saying if the fees were not paid they would look to recover them. I have looked over the information we received from them and nothing states "Perpetuity" but likewise there is no term mentioned (should there be?). Should we take the risk of not paying next year? At the moment we are banking the weeks with Dial an Exchange, really not sure what to do, so any help would be very much appreciated, we don't particularly want a mark on our credit rating if we can help it.
Regards
Liz


As I explained twice, I was in the same position in 2012 and took advice from some of the contributors to this forum and offered to give back my weeks in Fairways Club, I was offered fractional ownership which is an expensive con and then decided to stop paying, yes you will get threatening letters but stand your ground and refuse to pay on the grounds of 'Jurisdiction'. This was my stance which was way before the Supreme Court Ruling that 'in perpetuity' contracts were illegal, both Richvale and Resort Recoveries who act on their behalf know that they cannot win but will still bully people by threatening to take them to court. THIS WILL NOT HAPPEN, they have already lost on the Jurisdiction front let alone on illegal in perpetuity contracts. They don't even send me bills anymore so like many others who refused to pay have given up trying to get any money from people who have stuck it out and refused to be threatened. Sorry about the double quote but I was trying to include both recent questions on Fairways/Pueblo Evita!! from Lizzy and Jancade
Ray

Lizzy

Thank you all for your input and information, decision made, we shall not be paying next year.

Any new information as time goes on would be very much appreciated, and vice versa, if anything new happens, I will post the details.

Thank you
Regards
Lizzy

Jancade

Well here we go again , being chased by Resort Recoveries / CBC for Maintenance payment for Fairways Club Tenerife , even after a letter sent to the by Javier , watch this space

Mike F

Stand firm and don't let them get to you, they make a lot of noise and threats but they will go away eventually.
In god we trust - the rest of you must bring evidence

Shintz7

I've had another letter from CBC ,this about the 4th one ,We decided not to pay maintenance nearly 2 years ago , there threatening court action again , I'm taking the same stance as Raymondo111, I did contact Fairways by phone to say I didn't want my week anymore and I wasn't paying , they offered me fractional scheme.


Raymondo111

Quote from: Shintz7 on August 19, 2016, 10:36:04
I've had another letter from CBC ,this about the 4th one ,We decided not to pay maintenance nearly 2 years ago , there threatening court action again , I'm taking the same stance as Raymondo111, I did contact Fairways by phone to say I didn't want my week anymore and I wasn't paying , they offered me fractional scheme.


Stick with it and email CBC/Resort Recoveries and tell them that they know they can't keep harassing you and threaten to report them to the CSA for illegal harassment, they are just bullying you.
Ray

jhswilkinson

Hi Guys - from someone who refused to pay back in 2010 - not heard a thing since!
16thApril 2011
Debtsave Ref - ML/607043/PUK

Dear Mike Loftus,

Your letter of the 12th April 2011 was extremely polite and in sharp contrast to the harassment caused by your company's letters throughout 2010, which were received after you knew of the Everest ruling in February 2010.

We told Pueblo Evita in Dec 09 that we would not be paying maintenance fees and offered at that time by e mail to give back the timeshare for zero pounds. Throughout 2010 we were harassed by Pueblo Evita, through Debtsave in a belligerent and unpleasant manner with threats to take us to court and final demands, none of which materialised. We now feel that we are not prepared to be bullied any more and will take action if any more demands are made.

We advise you that should you proceed -:
1   We will counterclaim to the courts for an order to stop harassment and claim significant expenses for time involved and a penalty for worry.
2   The court will be shown that the claim you are making has no validity and that you know this fact and are wasting everyone's time as you have no jurisdiction.
3   There will be a claim for misrepresentation at the point of sale in 1989 when the agreement was first taken out. We were told that this was an investment (now easily shown to be worthless on e-bay) and we should, at least, be able to claim back the initial purchase price.
4   We were lied to concerning the maintenance fees which over the years have far exceeded inflation.  We were told they would be 'in line' with inflation. Please refer to PE Special General Meeting April 2007 - 'maintenance fees are increasing to the point where there is concern.'
5   The apartment is now 'showing age' and is not up to the standard of the time of purchase despite the exorbitant management fees. This is born out in Pueblo Evita's own reports which can be supplied if needed. It also does not have the 'Gold Crown' RCI award status for the timeshare apartments.
6   Sue Shaw tells me in writing 'hundreds of claims have been successfully won through the courts'. Maisha Frost of the Sunday Express asked all her timeshare experts and not one of them could think of a single case being won by a timeshare company. Surely Sue Shaw would be able to back up her statement with actual cases as will be required at a hearing.
7   In Southampton at the end of 2010 Pueblo Evita walked away from a case at the last moment before costs were incurred.  This was a total waste of the court's time.  Interestingly Mr. Beesley told the preliminary hearing that he had won many such cases. He will also have to give factual evidence of this statement.  I have a witness who will swear on oath as to what was actually said at the preliminary hearing.

8   In Kettering Court in Nov 2010 a claim was made by Resort Solutions and then dropped when the defendant counterclaimed. When asked why, Resort Solutions said in writing -  'The claim has been withdrawn due to the club constitution being drawn up under Isle of Man law, which does not come under UK law and, therefore, to stop any further costs being incurred'. Resort Solutions FTNC and Pueblo Evita management company are all registered in the ISLE OF MAN.
9   We are of course all familiar with the Pueblo Evita v. Everest case  where jurisdiction was upheld in favour of the Everests with a stay in proceedings.
10   On the 11th April 2011  Pueblo Evita solicitors - Gregory Rowcliffe Milners - told a client in writing that this person would have difficulty in perusing his case against Pueblo Evita as "our clients are resident out of the jurisdiction of the courts of England and Wales."  A very interesting comment from the other side!


In view of the above we feel that any further harassment should incur greater penalties as it becomes even clearer that Pueblo Evita know they have no case.

Yours sincerely,

j.wilkinson

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