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Update: Latest Massive Win for CLA Client.

Yesterday 25 May 2016 Canarian Legal Alliance announced another massive win for one of their Norwegian Clients.

 

The court in Maspalomas Gran Canaria, used the recent Supreme Court rulings that contracts in perpetuity are illegal along with the floating week system. This court also ordered the payment of double the deposit paid within the cooling off period.

 

This is another blow for Anfi resorts as the amount is a staggering 189,000€. It is also a blow for the RDO as Anfi is a member of this organisation, they have backed Anfi in suggesting that these rulings are incorrect and that the contracts are not illegal.

anfi logordo-logo

So far since the 4 April 2016,  Anfi have been ordered to reimburse CLA clients around 661,101.32€ in respect of illegal contracts. These contracts have also been declared null and void, thereby freeing the clients from their timeshares.

 

As stated in the article published on 24 May 2016, this is just against one company, how will they be able to sustain amounts such as this at the rate the courts are ruling against them? It would seem that the prediction of the million euro mark being reached before the halfway point of the year is right on track.

http://insidetimeshare.com/?s=breaking+news

Congratulations to the client and the legal team at CLA for this huge victory.

 

Inside Timeshare will continue to keep you updated as the news comes in. If you require any information about your rights or need to find out about a company you have or are possibly going to deal with, contact Inside Timeshare for free advice.

ANFI CONTRACT DECLARED NULL AND VOID COURT ORDERS REFUND OF 189.000€ TO OUR CLIENTS

Breaking News: Canarian Legal Alliance Strike Again.

Some interesting breaking news has just come our way, it appears that Canarian Legal  Alliance has done it again. It has been announced that they have secured their eighth Supreme Court Judgement, again this is against Anfi Sales SL and Anfi Resorts SL. (see link at end of article)

anfi ariel view

The court has confirmed again the illegality of the perpetuity contract, citing that the contract should be no longer than 50 years in accordance with the timeshare laws. The court has also ruled on another important point which will have a significant effect for other claimants.

 

As we know many people will have bought a timeshare with other resorts while already owning at another. These have usually been taken in part exchange or what is known as a trade-in. The court has now ruled that the trade-in value must now be taken into account as a payment on the day along with any deposit. The client in this instance was awarded double the deposit including double the value of the trade-in. So it looks like the trade-in value is being seen as a part payment within the 14 day cooling off period.

 

In this instance the CLA client has been awarded 51,000€ plus interest, including all legal fees. Again this is a substantial amount for any company to have to pay back for past transgressions, how long can any company last when the courts are ruling in this manner?

anfi logordo-logo

As stated before, the industry has only itself to blame, the RDO as the industry trade body also shares some of this blame. After all, the laws were put into place many years ago with the implementation of the EU Timeshare Directive. Resorts and their marketing departments failed to adhere to them and the RDO turned a blind eye to this. The industry is now paying for this dearly, we have seen only a fraction of the cases adjudicated on so far. Over the past month and a half, one company has been ordered to pay out nearly half a million euros. At this rate the million euro mark will be reached before the year is even half way through.

 

So, congratulations to this particular client and congratulations to the legal team at Canarian Legal Alliance. It does seem that their tenacity and hard work is now paying off, I for one will be keeping an eye on them for more judgements.

champagne

If you have any problem with your timeshare or have dealt with any company that has not delivered on their promise be it resale or claims, Inside Timeshare would like to hear from you. If you require any information as to what you can do about it, Inside Timeshare will be pleased to advise you.

THE SUPREME COURT RULES AGAIN

High Court Action and RCI: Update.

The RCI High Court Action is underway, the Financial Times published a story by Jane Croft outlining the history over the case. (see link below).

 

http://www.ft.com/intl/cms/s/0/319c5804-1b7d-11e6-a7bc-ee846770ec15.html#axzz49Swb0kAw

edwincoe

As we previously stated this action is being conducted on behalf of Four RCI members by Edwin Coe LLP, another 483 members are also part of this case. They alledge that RCI has skimmed off weeks from the exchange inventory, thus depriving members the exchanges they had been promised when signing up to the RCI exchange system.

 

RCI which is part of the American Wyndham Worldwide hospitality company, has since it was founded in 1974 been the major timeshare exchange system. It allows timeshare owners to bank and exchange their resorts for others worldwide, thus increasing the number of locations owners can choose from.

 

We stated in a previous article http://insidetimeshare.com/rci-action-update/ this case follows one taken in the U.S. The members stated that they were unable to get the exchanges they requested or were promised when they joined the exchange group, they alledge that RCI had been renting out the weeks in the inventory to non members for profit. Members pay a fee to join and a yearly membership fee, they also pay for the exchanges, there is also a system of bonus weeks.

rcilogo

Bonus weeks are offered to members in order fill unused weeks in the inventory, these weeks are those that have not been booked, so are available to be used. Typically they will be offered as last minute deals, not unlike those offered by high street travel agents in order to clear remaining inventory. This in itself is good as it does allow the resorts to have a flow of guests as well as giving owners extra holidays.

 

The QC representing RCI Charles Graham, stated in his opening that the allegations of skimming were unfounded, because of the advantages of the “open exchange system”. RCI in a written statement stated that they were entitled to use members timeshares as they saw fit. Apparently this is due to a clause in the contract referred to as “ Permitted use”. Well I am not sure what this all means, so we will have to wait for the legal eagles to conclude their arguments.

 

If the members succeed in this case it may just open up the flood gate to more litigation, again this is another example of an industry being brought into disrepute. We have said it before, they only have themselves to blame, rather than look after the owners/members they seek only profit. We are not saying that making a profit is wrong, but at the expense of their own clients it does seem to be a tad unethical.

flood gate

Inside Timeshare will keep you up to date as the news comes in, so watch this space.

 

If you have any news or information about any company, or have had a problem and would like to share this with others, Inside Timeshare would like to hear from you. Contact us through the comments section and we will get back to you for further information. Inside Timeshare exists to keep you the owner’s informed and up to date. You will not get this information from your own timeshare companies, they want you to stay in the dark.

CLA Making the News Again.

It looks like the lawyers at Canarian Legal Alliance are becoming quite the celebrities around Europe. Over the past month their legal battles with the timeshare industry have been attracting a lot of media attention.

 

The renowned Norwegian Business Magazine, Kapital, ran a lengthy article on the law firm, highlighting the Grimsbo v Anfi case. This has resulted in CLA gaining a much higher profile among Norwegian timeshare owners.

 

The following link will take you to the articles in Norwegian and an English translation.

CLA IN NORWAYS LEADING BUSINESS MAGAZINE

 

Recently El Diario, a Spanish national newspaper also ran an article on the Anfi cases and the Supreme Court judgements. These rulings appear to have caused quite a stir in Spain, probably because it has made legal history, as well as putting Spain at the forefront of protecting customers from the timeshare industry.

The following link shows the El Diario article.

eldiario

 

http://www.eldiario.es/canariasahora/economia/Anfi-timesharing-reclamaciones-clientes-anticipos-ventas-turismo_0_504650586.html

 

Another newspaper MaspalomasAhora (Maspalomas Today) also ran an article explaining the Supreme Court rulings. They also highlighted the number of cases that are ongoing and those in the process of being submitted. The amounts of money involved so far are quite staggering, with this being set to increase substantially.

 

Follow this link to view the article.masahora

 

http://www.canarianlegalalliance.com/maspalomas-ahora-highlights-cla-cases-anfi-group/

rdo-logotatoc logoholiday clubanfi logo

So it would look like all the information the RDO, TATOC, Holiday Club and ANFI have been putting out is false. These and other timeshare companies have been denying anything is wrong, that there are no court cases against them. The press around Europe seems to disagree with them. They have highlighted over the past year, many of the cases that this particular law firm has won, including all the Supreme Court Rulings. The industry is certainly feeling the pinch, but they only have themselves to blame, their past and ongoing greed is catching up with them.

 

Inside Timeshare will bring you the latest information as it is received. If you have any question regarding anything to do with timeshare, holiday clubs, resale, relinquishment or how to claim Inside Timeshare will give you the best advice possible. If we don´t know the answer we will find out.

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.

 

tribunal supremo

 

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?

anfi logo

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