To re-cap
In 2009 the crook Arthur Goddard, then 60, ran Graig Park Village Ltd, based in Denbighshire, with sales director Alan Hill,
Goddard was ordered to pay £600,000 in costs and compensation after fraudulent trading convictions at Mold Crown Court.
Goddard was also banned from being a company director for eight years
He was also given 56 days to pay £111,200 costs to Denbighshire Council and £25,405 compensation to the victims. In respect the innocent consumers. He was also given six months to repay £461,651 gathered through the fraud.
Sales manager Hill was disqualified from being a company director for five years.
A £1 nominal order – not to be collected – was made against Hill, who is bankrupt.
However, the order means prosecutors can seek money from him if he comes into funds in the future.
The TCA have been digging around and found a company which Mr. Goddard is still a director off and despite his ban. That company is Euro cellular Ltd. See here http://companycheck.co.uk/company/04498489/EURO-CELLULAR-LIMITED/directors-secretaries#people-summary
This enterprise also has a dubious set of accounts as the enterprise has 14.5 million in creditors and a similar amount of debtors. It does report that there is £300, 000 in the bank. However that sum is owed to other people and has not yet been paid out.
You might think that the story ends there with Mr. Goddards incarceration however it doesn’t, another story broke in that another fraud allegation is heading Goddards way. It was reported in 2010 that HMRC had been duped and that they alleged that they had uncovered a fraud involving 20 million. Mr. Goddard was basking in the rouges gallery again as he was indicted and a participant in that fraud as well
The allegation made by the HMRC and against Mr Goddard obviously would have to be heard by the court and that trial would be at some time in the future.
The complication at the first hearing was that he was incarcerated. The reporting then went silent and as a result a further interim hearing was scheduled and took place on the 7th of January 2013
So timeshare were sold by WMB Ltd who identified themselves as trading as Dyserth Falls Resorts who’s last set of accounts showed £400,000 of values in the company has since reportedly crashed.
http://companycheck.co.uk/company/06709843/W-M-B-SALES-UK-LIMITED/financial-accounts
The purpose of the enterprise was to act as a power of attorney for a purpose and that purpose was to acquire fractional interest in a leasehold property.
So was the acquired property registered as promised and as paid for?
See here
http://companycheck.co.uk/company/07124596/DYSERTH-FOUNDERS-LIMITED/group-structure#shareholders
In any event those consumers invested into a leased fractional ownership of a title lease. That lease is owned by Craig Park Limited. That company is worthless and is owned by Continental Trust which has now been acquired by FNTC Trust.
http://companycheck.co.uk/company/03221035/GRAIG-PARK-LIMITED/financial-accounts
http://companycheck.co.uk/company/03221174/GRAIG-PARK-VILLAGE-LIMITED/directors-secretaries
Likewise Dyserth Falls Ltd owned by the Goddard Family and the free holder is facing the wrath of the companies’ court as they cannot pay the HMRC bill.
Dyserth Falls Limited
Winding up Petition No 406 of 2015 filed at Companies Court on 14/1/15. Winding up hearing listed 2/3/15. HMRC Solicitors Tel: 0300 589 216, Ref: SLR1771588/39/W
Records show that the company was last valued at over £5 million.
This inter collection of companies and trading platform is very dubious, set up by a crook and the end result is that the consumers might own a timeshare held under a power of attorney with no asserts, on behalf of a company which is worth the grand total of £2.00 which again, is in trust by Continental Trust now acquired by FNTC which is based in the Isle of Man where consumers will have to move hell and high water to get any documents to prove the alleged rouse.
The Wining up petition hearing
That winding up petition was not supported by the consumers and as such that petition was dismissed by the court on the 2nd of March 2015. The dismissal was as of the Goddard’s paying all the registered claims who supported the petition including the Inland Revenue bill.
The position is now, all matter have been dismissed.
When a winding up petition is issued it is a request to the court to have the company placed into liquidation unless they pay all debts. The request is made by the creditor and that creditor is obliged to advertise the intended liquidation so as to impart onto others what is happening and to permit others to either join in with the petition and/or support it.
The TCA encouraged consumer to join in and take over the petition and spent substantial amounts in getting the advice needy consumers required.
The costs required to take over the petition was estimated at £350.00 per person based upon 100 people joining. 100 people would not join, so the joining was vacated and as such the position is now the same as it always has been.
It’s a shame the consumer did not support the petition so as to rectify the position and protect their assets, however there is no point revisiting this as the petition has been vacated.
The question which does face everyone is, what do consumers wish to do now?
The answer is quite simple, do consumers want to fight this resort and establish all your acquired rights or allow the situation to continue?
If the latter, then there is no need to do anything at all, as I am sure the company will be in touch with you and as to their plans.
If the consumers wish to act and find out what action they can take, then they will have to consult their own solicitors or collectively meet and share the costs.
If the latter it seems sensible and consumers have a desire to meet matters can be fully discussed.
To have a meeting and discuss and address relinquishment/damage claims, it seems pointless, unless the consumer’s particular questions can be answered by the legal profession. If that were to happen then consumers could receive appropriate legal advice and on the issues which concern them.
To achieve that, I suggest that a senior barrister/ judge is present, a timeshare solicitor, an insolvency practitioner and an official. Collectively consumers could have some good legal minds, so as to wade thought the enormous issues which they face so as to arrive at a considered position.
If a lot of consumers were to attend some consumer will want particular questions answered and as such most issues and situations will be aired and covered.
After that process is completed each consumer ought to have considered knowledge and would be able to make a decision on what they wish to do (if anything).
To have a collective set of expert minds in the same room then I believe it might be collectively cheaper.
We now have conformation that all the legal skills can be available, are willing to attend, however there fees will have to be met.
For the meeting to be constructive a selection of documents will have to be compiled and a brief delivered to council. That brief has to be drafted by a solicitor so that the known issues can be investigated prior to the meeting, the barrister can research the law and apply it at the meeting.
Again assuming that there will be 80 people in attendance and having now received the cost budgets I can confirm that the cost to each individual will be.
£163.00 plus Vat total £195.60
In attendance will be a senior barrister/judge
Timeshare solicitor
Law cost draftsman
Legal tactician
Business man
2 paralegals
TCA will support the event with 3 staff and refreshments will be available.
Any attendees will be required to produce identification and some proof of ownership, so that the meeting is confidential to consumers
If at the conclusion of the conference everyone wishes to have a brief consumers can get one from counsel who will probably draft it, so just consideration can be given by all.
If this is to take place then interested parties will have to travel to Manchester at their own expense and declare their willingness to discharge the fees before the conference is booked.
As Mr. Pitt has been the contact point through-out and has done an excellent job I believe it would be better if everyone continues with that point of contact at this point.
The conference could be convened this month, so an early indication would be helpful.
At present the TCA can confirm that there are activities at the resort and no doubt they will be making arrangements which will provide betterment to them not you.
If a police investigation is forthcoming, this might give a redress as to the criminal infractions but it will not solve the civil issue and the rights to claim compensation.
In respect to linked finance arrangements if consumers have borrowed money to acquire their timeshare collectively they would be very strong, as if a group recovery took place each consumer can back up the other.
If a determination was in favour of consumers then that ombudsman decision could assist others who did not take finance as it could be placed before a county court and used a legal reference.
All payments would be held in trust accounts and would not be dispersed until the conclusion of the conference. If the conference was cancelled any and all payments would be returned to consumers and in full.
At all times it is not for the TCA to advise consumers what to do. We merely impart the facts and provide information so that consumers can make up their own minds.
At present we are being informed that a host of unqualified companies and enterprises are now contacting consumers and selling the dream of vast amounts of compensation which they have concluded without skill, without legal understanding and without just consideration. Don’t fall for there lies.
In the event that the above proposal is of no interest to you, you can make contact with your own solicitor or a qualified legal and regulated company.
Yours faithfully
TCA
Contact Mr Pitt e:mail malcolm@mymaillist.co.uk
Please copy and complete this Form
return address by e mail malcolm@mymaillist.co.uk
Name
Address
Email Address
I own the following timeshare at Dyserth Falls
I paid £ for my timeshare
I financed that purchased by way of loan/credit card in the amount of £
I am a consumers and do not have any links with the timeshare industry and or the resort.
I will pay the sum of £163.00 plus vat total £195.60
I understand that I am required to bring suitable identification with me and if I don’t, I understand I will not be permitted to enter the conference regardless of where or not I have paid.
Any pre payment which you have made will be returned to you in full if the conference is cancelled
Signed……………………………………………….
Date…………………………………………………..
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