Below is a transcript of a witness, who is supporting the action led by CLA, which has resulted in the indictment of many Resort Properties sales personnel and managers including its CEO Mark Cushway.
Mr. M Cushway is no stranger to the Spanish courts.
The amount of the allege fraud exceeds 12 million euros, according to CLA who are representing in excess of 233 families who have piled into the lawsuit against Resort Properties and who have a preference to the Spanish justice system instead of British.
A sorry day to British justice some might say!
The Court of Instruction No. 3 of Arona, in the south of Tenerife is investigating an alleged scamming of British timeshare tourists in the selling of these timeshare vacations. Whilst our consumer protection dances to the tune of the merry go round debacle
The lawsuit/legal action was filed in April 2011 and against the British company “Resort Properties Group” and its delegated Spanish, associated company “Silverpoint Vacations SL”.
Its CEO is a Director of the RDO and both organisations support the activities of TATOC and RDO by way of membership subscriptions.
According to Canarian Legal Alliance, 233 families have joined the lawsuit and all claim to be victims of An elaborate hoax.
So far 20 people have been charged, including managers, sales managers and agents.
The court has subpoenaed two further people to attend: Mr. Mark Cushway, who was executive director of the Resort Properties and is currently CEO of Silverpoint Vacations, and Francisco Alonso Andujar, proxy for the same company.
Mr. Mark Cushway will face the court on in 6 days time on the 14th November.
According to the complaints, the Resort Properties Group sold tourist accommodation for weeks as high yield investment s, with the promise of a lucrative resale. Those sales in many cases did not materialize in part or at all.
Collectively consumers invested millions in the hope of obtaining revenue from future sales.
After the timeshare acquisition consumers came to inquire about the status of their investment, Resort Properties informing them their investments were jammed and the only solution was further investments.
It is alleged that in no case were re-sales performed as promised.
The claimants claim the aforementioned companies were selling to a preconceived plan. In that an investment package was worth nothing and could not be resold for the profits implied.
According to the law firm Canarian Legal Alliance, Resort Properties and Silverpoint used the memberships of purported consumer and resorts organizations as a veil of credibility to “reinforced the appearance of reality and truth.
CLA emphasize that Resort Properties and Silverpoint have knowledge in the industry stretching back many 10s of years and were well aware no realistic resale market existed whereby any profit could be achieved.”Knowing this fact, ” Resort Properties and Silverpoint employed sales techniques which were based entirely on the alleged lucrative resale which in reality was and is a falsehood.”
The complaint sets out a series of clues which, according to those involved, show that the company did not sell the packaged weeks for use and enjoyment of tourists, but as an investment product.
First, in order to purchase, the first sale occurred in non-consecutive weeks.
CLA representing British tourist’s victims (of the alleged scam) also argues that in the plotting and execution there were some aggravating elements, as most of the customers were pensioners and that several of them had deposited all his life savings on these products.
“The promises and false expectations are repeated time and time again and by the employees selling the products.
The defendants knew beforehand that they would not or could not fulfil their part of the business.
Barclays Bank PLC are also implicate as they provide finance in the way of connected/facilitate loans by arrangement with Resort Properties and Silverpoint
Prosecutors suspect that the bank could benefit from these financing transactions with timeshare consumers.So far, they have asked Barclays for bail of 919,000 Euros for interest paid by the alleged victims of the ruse.
Witness evidence Statement
Whatever happened to the British legal system? What happened to fair play and reasonable expectations? Where is the Citizens Advice in all this or the government departments or even the purported servants of the consumers?
The answer is stark and quite simple:- everyone is signposted to the very institutions which do not expose, report or admonish the alleged wrong doers. They simply embark on a continuance of the hush-a-buy mountain, lullaby lake and everything is just swell so the “merry go round” continues whilst the menace keeps rolling in.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk