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Supreme Court Strikes Again: Another Ruling against ANFI Contracts.

The latest news to be published in the court battle between ANFI and timeshare owners confirms earlier Supreme Court Judgements.

 

On 6th April 2016 Canarian Legal Alliance posted their latest victory in this ongoing case. They received yet another favourable judgement from the Supreme Court. In this announcement the court has declared that its previous decisions to find Floating Weeks Illegal is upheld. In its rulings the court has declared that selling weeks without a room number or week number specified is illegal. (see link at end of the page).

With this ruling it puts into doubt ANFI´s and the RDO´s assertions that the previous rulings were wrong. We now wait for another statement from these two organisations as to this latest ruling.

anfi logo CLA Logo

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

 

http://insidetimeshare.com/my-thoughts-today/

 

So what does this mean for other resorts that have also sold Floating Weeks?

 

Obviously it will affect them in the same way, the court has again stated these contracts are illegal in Spain. Any resort or company that has sold them is now open to litigation and the contract declared NULL & VOID. The consumer in Spain at least is now getting the protection that the original EU Timeshare Directives sought to give. It is now up to other countries within the EU to do the same. After all, there are many owners who have been sold the same product, but have no redress due to the country they purchased in.

SUPREME COURT CONFIRMS : ANFI FLOATING WEEKS ARE AS ILLEGAL AS ALL THE OTHERS


Inside Timeshare will keep you updated on the latest developments as we find them. If you have any questions or concerns get in touch and we will do our best to find you the answers.

RDO Trying to Scare ANFI Timeshare Owners.

rdo-logoanfi logo

 

Since publishing the article on the history behind the Supreme Court Ruling, it has come to our attention that the RDO published on 18th March 2016 a piece in support of ANFI. This in itself is not surprising as ANFI is a fully paid up member to this old boys network.

 

The  RDO stated that, ANFI sought clarification about the length of the contracts from the Property Register and Notary Head Office. According to the RDO these two offices believed that the “pre-existing ANFI schemes were correctly adapted”.

 

Well this flies in the face of the Supreme Court Judgements. I know who I believe.

 

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It goes on to say that ANFI will respect the rulings but will now charge those ex members for their stays at ANFI. What is the RDO playing at? Have not these holidays already been paid for with respect to the maintenance fees that have been paid over the years?

 

Are RDO and ANFI misinterpreting the Spanish Civil Code about the returning to both parties “the things that constituted the subject matter of the judgement” (direct quote from RDO article). They go on to say the cost that the ex-owner will have to pay will be calculated by the rate it would cost to stay in similar five-star hotels. Apparently this has been calculated  from data provided by the University of Las Plamas.

 

Also how does ANFI believe they can suddenly go from being a Timeshare resort to a Hotel, surely the licences that govern these establishments prevents this from happening. This is something that I will need to verify.

 

The RDO goes on to state that from this data it proves that timeshare represents good value for money as the cost would be more than that paid for the timeshare. How this can be true beggars belief, did the University not take into account the years of maintenance paid? It makes me wonder who commissioned this study and what parameters were given.

 

The last paragraph of the piece goes on to warn anyone that they will be liable for this cost if they take any action against ANFI. Another scaremongering tactic from the industry trade body the RDO, in order to protect an industry that for too long has had its own way.

 

According to the Norwegian financial periodical Kapitalen published this month (Kapitalen 4/16) there are more than 400 timeshare owners with ongoing claims against ANFI worth around 11,600,000€. With around 257 active cases in the courts awaiting a decision, these claims are worth approximately 6.8 million€. These are not figures that can be ignored, no wonder the RDO and ANFI are putting the boot into the owners.

**ARCHIV**Banknoten in 50er, 100er, 200er und 500er-Scheinen liegen auf einem undatierten Foto, das von der Bundesbank in Frankfurt am Montag, 3. Dez. 2007, zur Verfuegung gestellt wurde, auf einem Haufen. Der Euro hat in Deutschland nach einer Umfrage fuer die Dresdner Bank an Popularitaet verloren. Knapp sechs Jahre nach Einfuehrung der Gemeinschaftswaehrung erklaerten nur noch 36,3 Prozent, sie faenden den Euro gut. 2004 lag die Zahl noch bei 42,6 Prozent, wie die Bank am Sonntag, 16. Dez. 2007 aus der Umfrage der Forschungsgruppe Wahlen berichtete. (AP Photo/Bundesbank) --- Undated photo provided by the German Federal Reserve Bank in Frankfurt on Monday, Dec. 3, 2007, shows Euro bank notes in 50, 100, 200 and 500 Euro bills. (AP Photo/German Federal Reserve Bank)

The Story of Legal History in Timeshare

How did the Supreme Court Ruling come into place?

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The story of  Mrs Tove Grimsbo the Norwegian lady who´s case made legal history is a long and drawn out one.

 

It all began in 2001 when she and her late husband attended a presentation with ANFI Sales SL, they were persuaded to purchase and signed a contract for a timeshare at ANFI. They paid a deposit of 700€ by credit card on the day. Their contract was also in perpetuity which means it was never ending and would be extremely difficult for them to extricate themselves from it.

 

After her husband died Mrs Grimsbo was lumbered with the ever increasing maintenance fees, with no foreseeable way out of the contract. She went to the Lawyer Miguel Rodriguez Cabello, a native of Arguineguin who practices there. Sr Cabello along with other members of Canarian Legal Alliance researched the law and found that Mrs Grimsbo did have a case.

 CLA Logomiguel1

Miguel Rodriguez Cabello

The lawyers duly began litigation and won the case at the Court of First Instance in Maspalomas. Anfi took this to appeal, they lost the case at the High Court in Las Palmas. Once again Anfi contested the decision, taking it to the Supreme Court in Madrid. After much legal argument the Supreme Court unanimously found for Mrs Grimsbo.

 

The news of the ruling broke on 1st April 2015. Legal history had been made.

BREAKING NEWS…SUPREME COURT VICTORY….BREAKING NEWS

Keep Reading

Manipulation of votes by resorts and resort owners

Over the past few years members of various resorts have become aware votes on decisions which affect their memberships are being manipulated. We have recently seen this with one company based in Tenerife, Resort Properties, where fixed weeks have been changed to floating weeks. Many of those affected have owned fixed weeks for many years, they chose their week numbers for a reason. For many it coincided with school holidays, others chose them so their holidays would be relatively kid free.

 

Another aspect is the length of time members need in order to book their weeks. This particular company is requiring 25 months notice, but there is no guarantee that members will get the weeks requested. For those who do not use any exchange program it could mean no holiday for 2 years, yet maintenance is still to be paid.

 

It has also been reported on the TCA website, that another company Macdonalds Villacana has recently manipulated the vote to force a change to floating weeks and points against the wishes of the members.

 

The surprising aspect of this change to floating and points, especially in Spain, is the fact the Supreme Court Rulings have declared floating weeks and points illegal. (Law 42/1998)

vote 1

So how do the resorts and owners manipulate the vote?

One method is the vote allocation, each member gets 1 vote regardless of how many weeks are owned. The resorts however use 1 vote for every week they have of unsold stock. Couple this with holding meetings where the majority of members are unable to attend, and it is easy to obtain the majority required.

 

Another method to obtain extra votes is the manipulation of members. It is well known that some owners committees have very close ties with the resorts coupled with various incentives. In many cases the chairperson and committee members have been voted in year after year. They may also be on the committees of more than one resort. Is this ethical? I believe not. The problem is, many members may not actually have the time to take part in these committees, or may even believe they are a waste of time.

 

To conclude, you as the member have paid substantial amounts over the years and should not be forced to change, especially if the change then makes your contract illegal. If you are in this situation and want clarification of your rights post a comment and I will get the answers for you.

Holiday Club Letter to Members

It has just come to our attention that Holiday Club is sending a letter to its members. It informs them about so-called ongoing investigations into companies offering legal services to obtain refunds for their purchases of timeshare.

 

It states that these companies are using recent Supreme Court judgements which have stated perpetuity contracts are illegal. In this letter Holiday Club states that this is not the case and the contracts in perpetuity schemes are valid.

 

Having done a lot of research into this, we have found this to be a blatant untruth as the following link shows.

 

Spanish Supreme Court’s decision declaring Timeshare Contracts in Perpetuity NULL & VOID

Keep Reading

Alberto Garcia steps down as director of Mindtimeshare

Fascinating news has just emerged, Mindtimeshare is no longer an association, it has now been transformed into Mindtimeshare SLU. This now makes it a Spanish Registered Company, or the equivalent of a Limited Company in the UK. This news was posted on the the mindtimeshare.com web site on 7th March 2016.

RDO Logo

Then on 11th March 2016, The RDO (Resorts Development Organisation) which funds Mindtimeshare posted the following.

Alberto Garcia Head of RDO Enforcement and Director of Mindtimeshare had asked to stand down from these positions. Before leaving he set out his proposals for a restructuring of Mindtimeshare. The RDO also reported that Mindtimeshare had been converted into a Limited Company.

The new Director is to be Pedro Picazo Senti, of the law firm Picazo Associados of Valencia. He had been Alberto Garcia´s legal advisor for a number of years and has also represented many RDO members.

The question now arises as to why has Mr Garcia stepped down? Keep Reading