Club la Costa

Started by EddyNoP, August 02, 2021, 16:26:55

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EddyNoP

Yep, it's all true, those who have claimed Against CLC in Spain, you have lost the lot. Your case in Spain will be kicked out of court and you'll be clinging to unkept promises.

All you had to do was read the terms and conditions they say "English Law Applies". More money down the toilet.

I wonder how those crap advisors and fake helpers will react now?  I think I know more advice saying throw more money at the problem.

All those secret commissions you have paid and not known they were paid !!!!!!! I will help you because I am kind and trusted eh now the idiots will come out of the woodwork.

Athena Law Solicitors

I have read what has been sent to members. Obviously if you are actually being represented by an actual Spanish Lawyer  you should take advise. We have already commented on the extreme difficulties in pursuing claims in Spain given the insolvency issues. See below.

https://www.athlaw.co.uk/club-la-costa-in-administration-and-claims-in-spain/

The problem of course is that the majority of claimants seem to have have started the process (if anything has in fact been done, which is often not the case) following cold calls from unregulated individuals and companies (usually ex-timeshare salesmen). The difference is that an unregulated company/cold caller will tell you what you want to hear whereas a regulated lawyer is duty bound to give you objective advise, even if it is advise you do not like.

I have produced what has been sent out to members by CLC below:

 
YOUR CLAIM WILL BE REJECTED BY THE SPANISH COURTS   
    
   
Our records show that you have a Claim against Club La Costa within the Spanish Legal system. Many Claims Management Companies run operations to hook in unsuspecting members of the public with aggressive promises of rich returns which in our experience have not materialised, although sadly the excessive upfront costs and many reasons for requesting further funds are never lacking.

As you may or may not be aware, Club La Costa closed its Timeshare sales operations last year and those sales companies were placed into an administration process both in Spain and the United Kingdom. During this legal process, the courts in Spain have considered and reviewed the previous merits of litigation made against Club La Costa by Claims Management Companies and last week ruled upon the validity of the Claims entered into in Spain by your representative.

This ruling confirms that the Courts are in agreement with the position CLC has consistently taken which is that these claims are erroneous. The Timeshare claims will now be automatically rejected by the courts with this judgement having been confirmed in the State Prosecutors report. The judgement clearly and in detailed fashion states that these claims should never have been brought before the Spanish courts and further that they consider that your representative may be guilty of territory shopping which could have serious consequences both for them and yourself.

Click here to see the English translation of this ruling which has been posted online by the Court appointed Administrator of the timeshare companies.

We would advise you to take truly independent legal advice and then contact your Claim representative.
Please remember that any Member that would like to reinstate their membership will be welcomed back and those that want to surrender, can do so with no legal or administration fee by contacting us directly.    

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Athena Law Solicitors

http://athlaw.co.uk

EddyNoP

Remember you Mr Athena - I think you gave a talk in Milton Keynes never signed up and left early got bored to death with some talking about CLC Members. He was a fishy bloke --- If I ever saw one.

susiek


EddyNoP

yeah...... That's the guy something not right. He is so involved with the Spain claims.

imskint

wall of worry in spain. if you have paid money and are being asked for more your in the crap

Sandra Jennings

It's all gone a bit quiet on this and other sites. I was wondering .... If Club la Costa has gone bust and a liquidator has been appointed that means there is no money to pay the claims people are fighting to win ----------. Why are some many people paying big money to win nothing?

Athena Law Solicitors

I have made some enquiries with Spanish Lawyers.

It is my understanding that the Mercantile Court in Spain has refused to accept any claims filed after the CLC Spanish subsidiaries went into liquidation, and such claims need to be dealt with via the UK insolvency. This would make sense, although it may be moot as the Administrator of CLC UK PLC in its most recent Report dated 25th June 2021 makes pretty bleak reading. It can be read via Companies House filings which can be accessed via the link below:

https://find-and-update.company-information.service.gov.uk/company/03123199/filing-history

Some interesting points to note from the Report:

1. "preferential claims in the UK are defined as monies owing to former employees..." In other words any consumer seeking to lodge a claim with the Administrator will at best be an unsecured creditor.

2. "...unsecured creditors in the UK and Spain as at the date of appointment totalled £9.2m, excluding potential claims of contingent or future creditors. Creditor claims received to dated total c£33.8m"

3. Creditors can submit claims by completing the Proof of Debt Form and returning the same to the Admnistrator.

4. An application has been made by Creditors to  the Court to have an alternative insolvency practitioner appointed.

5. "Based on current information, it is not known whether there will be sufficient asset realisations to enable a distribution to the unsecured creditors as this will be dependent upon the final value of asset realisatons, costs incurred and level of preferential claims."

The original estimate given by the Administrator was that there realisable assets of circa £1.3 million. Other assets may of course come to light however assuming this is correct, the following will have to be deducted:

1. £1.2 million in preferential creditor claims.

2. Administrator's fees, legal fees and associated costs of realisation to 19th May 2021 of £498,434.70)

It seems to me that there is little prospect of unsecured creditors being paid, unless significant other assets are discovered and realised.

Regarding the timeshare paralegals/cold callers promoting claims:

1. Claims brought in S

 

Athena Law Solicitors

http://athlaw.co.uk

Athena Law Solicitors

1. Claims brought in Spain since the date of commencement of the Administration would appear to be hopeless, as they have to be directed to the UK Administrator. This is an unfortunate development as i do recall that the cold callers were promoting claims in Spain using words such as "you need to get the claim into the mercantile court quickly".

2. Regarding the UK Administration all that is being done is that proof of debt forms are being submitted, thereby increasing the size of the unsecured creditor pile.
Athena Law Solicitors

http://athlaw.co.uk

pandmdocking

Just check with my Lawyers and in their opinion, if you are pursuing compensation in Spain you are throwing good money against bad.

Don't listen to cold callers or the new ZOOM Freaks YOUR BEING ROBBED.

Even if you win in Spain you have a claim against a Bankrupt Company that has no money. IT'S crazy. Better get good advice and NOW!!!!!!!!

susiek

 When you think of all the money taken and now't done* you have to think Why is nothing done.


I now hate the phone ringing and am always thoughtful when giving the caller a response.


Williamdobbs

CLC might be bust, but they are still trading in Spain

Sandra Jennings

if you have been advised to claim in Spain your ****ED

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