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ANFI

An Expensive Month for Some!

Today I was looking at some of the news from the past month, it looks like it was an expensive one for timeshare resorts.

 

The TCA reported a case against MacDonald Resorts Leila Playa Club in Spain, this action was regarding contracts signed between 2003 and 2008. From the TCA article (below) it looks like the courts accepted the illegality of the perpetuity contract, the fact that buyers were not given the information they were entitled to and also that the resort did not comply with the right of withdrawal.

 

The article did not state the law firm which took on the case but it was finalised on 5th April 2016, with TCA publishing it on 4th May.

 

In this case the court awarded the client £11,839.22 The court also stated that interest on this sum was to be paid and all costs incurred by the trial. This is another ray of hope for many, it shows that the Supreme Court Rulings are being taken notice of in other courts.

 

http://www.timeshareconsumerassociation.org.uk/2016/05/04/tatoc-members-macdonald-resorts-contracts-proven-null-and-void/

 

In another part of Spain a law firm which has been mentioned in articles here, has had a tremendous month. The main highlight to the Canarian Legal Alliance month was the payout of Mrs Grimsbo, the Norwegian client who made history with the first ever Supreme Court Ruling. She has as reported on 4th May been paid out over 43.000€.

champagne

http://www.canarianlegalalliance.com/payout-for-our-first-supreme-court-victory/

 

Now since The beginning of April the courts have made awards to CLA clients of over 361 893.14€ all against ANFI.

 

  • April 4            27 600€
  • April 11          52 095.72€
  • April 14         92 797.42€
  • April 21      130 000€
  • May 4           43 000€ (Grimsbo)
  • May 6           17 000€

**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)

On April 26, CLA also had another victory, this time against Palm Oasis, the client in that case received an award of 26 000€. The award in this case was the perpetuity contract and the taking of a deposit within the cooling off period.

 

This is all in one month, how can the industry sustain payouts like this, all because in the past they thought they could get away with anything. They thought they were untouchable, well we have heard that before, now they are reaping the whirlwind, or is it a Tsunami as one paper put it!

So to finish, congratulations to the clients on your cases, well done to all the legal teams who fought for your rights. If the industry has any sense it would know that the writing’s on the wall, they can no longer behave as though they are lords and masters, that it is you the consumer/member that keeps them going and keeps them in a job.

on the wall

If you require any information regarding any article posted or have been in contact with any company and are not sure of their authenticity, Inside Timeshare is here to help. Contact us  on the comments section, if we do not know the answer we will find out.

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

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