Fake news and timeshare defamation in Spain: legal action against CLC and Diamond Resorts

In recent weeks, Diamond Resorts and Club La Costa have both emailed their member databases with statements about ECC and our associate law firm, M1 Legal, that we consider malicious and untrue. This is not the first time this has happened.

Club la Costa and Diamond Resorts continue to try to mislead their members.

As a result, ECC has asked M1 Legal to begin defamation proceedings. In Spain, defamation can be treated as a criminal offence. M1 Legal has confirmed it has taken an initial step against California Beach S.A.U., a CLC company. Once the courts reopen in September, M1 Legal will submit a similar case against Diamond Resorts.

It is worth asking why these companies are going to such lengths to discredit ECC and M1 Legal. In our view, the reason is straightforward: with so many cases already issued by M1 Legal, Club La Costa and Diamond Resorts are concerned about the impact on their financial future.

In recent weeks, M1 Legal has secured several Spanish court wins against CLC and Diamond Resorts, adding 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, Fuengirola, with CLC ordered to pay the client £30,480.

On 12 July 2019, M1 Legal reported another CLC victory in the Court of First Instance, 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, 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 ordered to pay the client £49,729.

On 29 July 2019, M1 Legal secured another win, with Diamond ordered to pay the client £6,854.

On 30 July 2019, M1 Legal confirmed a further order against Diamond Resorts to pay the client £34,077.

M1 Legal reports only facts, not misinformation, and holds the relevant court judgments.

In addition, in virtually every case first submitted to the Spanish courts, Club La Costa and Diamond Resorts appeal on the basis that the claims should not be heard in Spain. Since January 2019, we have had 90 cases overruled, which remain ongoing until 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 run these websites, presenting them as the “one to trust”, with the Trading Standards seal of approval. Why does Kwikchex not publish the large number of victories against timeshare resorts? Kwikchex is paid by the timeshare industry’s self-appointed regulatory body, the Resort Development Organisation (RDO).

We also report that, in recent weeks, under Kwikchex’s guidance, two clients were encouraged to bring cases against ECC in the UK courts; both were dismissed by the judge. 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 urge anyone taking advice from these organisations to be extremely cautious. If you are unsure of your legal position in relation to your timeshare ownership, you should seek advice from a qualified lawyer, not from an entity representing the timeshare industry whose role is to protect RDO members.

REMEMBER: ARE THESE THE VERY SAME PEOPLE WHO MIS-SOLD TO MEMBERS IN THE FIRST PLACE?

Our existence is their creation.

For further information, or if you have any questions about your timeshare, please call our advice line on 0203 807 3388 or email pr@timeshareadvicecentre.co.uk.