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Cazorla

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Summary of the Royal Courts of Justice Tribunal Ruling by Judge Timothy Herrington.

This case was heard on 19 June 2018 and  revolves around a validation order made by the Financial Conduct Authority (FCA) which validates (makes legal) loan agreements taken out by clients of Azure Resorts Malta, using Barclays Partner Finance (BPF).

The loan agreements were made by Azure Service Ltd between 1 April 2014 and 24 April 2016, with this company not being authorised as a licenced broker to arrange or introduce clients to BPF. On finding out that these loan agreements were made by an unauthorised entity, BPF applied to the FCA to have the loans validated or made legal.

This validation order was issued, affecting some 1,444 clients and could cost Barclays around £47 million.

An appeal by the clients and their legal representatives forced the FCA to apply to the Upper Tribunal Tax and Chancery Division of the Royal Courts of Justice for a hearing on the legal implications and guidance to overturn the validation Order.

On 1 August 2018 Judge Timothy Herrington issued his judgement.

He ruled that the FCA did not take into account “Client Detriment” when they issued the validation order, his ruling was that the FCA re-evaluate that decision and take into account the client detriment.

He stated that the client detriment revolves around the following:

  1. Clients were not given sufficient information as to the terms and conditions of the loan agreement required by law;
  2. There were no major credit checks made as to the affordability of the repayments such as income versus outgoings reports;
  3. The length of the loan agreements were not explained, with client under the impression that they were for two years;
  4. Clients were pressured into signing these agreements;
  5. False representations were made to clients relating to the financial impact of regulated agreements;
  6. Clients were subject to long high pressure sales tactics to purchase the timeshares;
  7. Clients were sold timeshares which were not appropriate for them;
  8. Vulnerable consumers were treated inappropriately;
  9. Concerns about commission arrangements and disclosure thereof.

The FCA must now re-examine the original validation order and take into account the client detriment statements of the borrowers.

With this ruling it makes it almost impossible for the FCA to uphold the original validation order, therefore it must overturn the previous decision and rule that these loan agreements cannot be validated and are thereby unenforceable in law.

This means that all 1,444 clients will be entitled to be repaid all the money plus all interest paid.

Once the FCA issued a cancellation of the original validation order, this will no doubt have an effect on any loan issued by a timeshare company through BPF. Although the company brokering the agreement may be authorised, the points listed above may make it possible for any loan to be contested.

This will be of significant interest to all Silverpoint clients who entered into contracts under the investment weeks scheme.

At present it is not known how long the FCA will take to issue their findings.

Latest news surrounding Tauro Beach.

The scenes witnessed a few weeks ago of the destruction of homes situated on Tauro Beach have been the subject of many news articles, the local people are understandably very angry.

The destruction was carried out by a private demolition company with a not too savoury reputation, Desokupas, who were hired by the Cazorla‘s and Anfi to clear the area which they claim they own.

This was done without any apparent court orders, which leaves us to believe that the destruction may just be illegal, even if the land is owned by the Cazorla’s.

It does leave us to wonder how the members of the Anfi resort must feel about this, that the company they pay high annual maintenance fees can behave in such a manner?

Do they actually understand what is going on?

It also begs the question how the Ambassador for Anfi David Silva, the renowned footballer and local boy must feel about how the company he represents in advertising is treating his own people and neighbours?

Click on the links below.

https://m.eldiario.es/canariasahora/sociedad/situacion-vecinos-Desokupas-chabolas-Tauro_2_799340062.html

http://canarias-semanal.org/not/23270/un-comando-de-boxeadores-peninsulares-viaja-a-gran-canaria-para-derribar-chabolas-video-/

https://www.eldiario.es/canariasahora/politica/Nueva-Canarias-Ayuntamiento-Mogan-Tauro_0_800020281.html

For the full story of the whole project search Tauro Beach in the search box.

If you have any comments or questions regarding this or any other article, or if you need to find out about any company that has contacted you, then use our contact page and we will point you in the right direction.

Guess Who is in the News Again? More on Anfi

A day does not seem to pass without the beleaguered Anfi being in the news, this time it is Canarian Journalen, an online Norwegian journal in Gran Canaria. Their article outlines the recent sale by the Lyng family of their 50% share in Anfi to IFA Lopesan. (See link at end of article).

canarian-journalen-logo

The price given for this sale is a paltry 41.3 million euro, which pales in comparison to the reported 100 million euro the Cazorla group paid for their 50% stake in 2004. Canarian Journalen hints at the reason behind this low figure, not just the legal battle over contracts which Anfi are losing on an almost daily basis, but also the problems associated with the Tauro Beach project. They hint quite strongly this could be the involvement of the Cazorla Group in corruption accusations and scandals which may also involve “political characters”.

 

Canarian Journalen asked Ragnar Lyng if these problems influenced the decision to sell? In his reply Mr Lyng stated “It is impossible to be passive partner when it is not built on trust, says Ragnar Lyng. When asked for the main reason for the sale Mr Lyng replied, “Disagreement on business philosophy. First and foremost in how a customer should be treated.Satisfied customers will return again and again, taking with them more, and give praise that strengthens your brand. It is also about respect for other people’s fundamental approach”.

anfi logo

 

 

 

 

Just from these few words it can clearly be seen the original concept of his father had been tarnished. Instead of very happy members who wished to return year after year, they became very disgruntled with the way they were treated. This is obviously borne out by the court judgements against Anfi, with even more in the pipeline. On this point many members have stated they were happy with Anfi as a resort, the problem has been in their treatment, continuous upgrading and the lack of availability.

 

One member who has taken action said they were upgraded several times, the last being a floating week at Anfi del Mar, but when trying to book were told no availability. Yet that was the reason given to upgrade, to ensure availability. When this particular member caused a stir with bookings, he was given one of the worst locations at Anfi Beach Club, on the ground floor with all the noise from the bars and the pool to contend with. This particular client was so incensed by this they sought redress through legal action to cancel the contracts.

 

On another note it has just been announced that on 27 September, the Supreme Court made another judgement against Anfi. This was in favour of a Norwegian client of Canarian Legal Alliance. This brings the total Supreme Court Rulings to an amazing 22, with many more in the process of being heard.

CLA Logo

The Norwegian clients have been awarded 27,000 euro, with their contract being declared null & void. Again the Supreme Court ruled on the basis that “Floating Weeks” are illegal. More on this as it is made public. So to the clients and the legal team at CLA, a very big congratulations.

 

It is very clear these stories on legal action, the sale by Lyng to Lopesan and off course the ongoing investigation into the Project at Tauro Beach still have a long way to go. It will certainly keep the newspapers busy, Inside Timeshare will publish any news as and when it comes in, so watch this space!

 

http://www.canariajournalen.no/Nyheter/Lyng-familien-har-solgt-seg-ut-av-timeshare-anlegget-Anfi-del-Mar-paa-Gran-Canaria

 

If you need any information on any article published, or just need information on any company you may be dealing with, contact Inside Timeshare, if we don´t know the answer we will find out for you. Have a good weekend.

Lopesan Buys Lyngs Anfi Share Update.

Yesterday Inside Timeshare published the news that Ragnar Lyng had sold his 50% share of Anfi to Lopesan. Gran Canaria Info, an online news and information site also published the story, they also asked one question, why so cheap?

 

Thinking about this, 41 million euros is a rather low price for the Anfi resort, even if it is only a 50% share. One has to ask is it because Mr Lyng just wanted out due to all the problems he and Anfi are having?

 

You do have to wonder at this, after all it is one of the largest timeshare concerns in Spain, and definitely the largest in the Canaries. It consists of 1000 apartments, over 30,000 members, a marina, 2 golf courses and a huge commercial center. Then there are the plans for the new beach and marina at Tauro, which will also include a new shopping center and new hotels which will have around 5000 to 7000 beds.

 

We know the Cazorla side have the controlling share, with Santana Cazorla having control of the board of directors. Somehow I cannot see Lopesan putting up with that situation, there must be something else in the pipeline. We also know from other news reports that Santana Cazorla has “retired” to Morocco, all this under the cloud of the investigations into Tauro Beach, with a senior official being dismissed along with others who must now be fearful of the same as well as being under threat of prosecution.

 

It is also known there was no environmental study carried out on the project, which means we do not know what impact the 70,000 tonnes of untreated Saharan sand would have. The fact this beach project is also only 300 meters from a special area of conservation, should have been a major point of having full and detailed environmental reports. All this has come out because of the investigation instigated by the Guardia Civil into the project, for the Guardia to be involved it must be extremely serious.

 

Then we have the residents of Tauro Beach, it was only in August that many of the homes were flooded. These floods are a direct result of the man made beach, the natural protection from high tides was removed, thereby allowing the sea to just wash over the beach and cause mayhem. These residents have also made official complaints to the Guardia Civil, adding even more pressure on the beleaguered Anfi Group.

 

This is a story that will not be going away for some time, again the question must be asked, how is all this going to affect those 30,000 members of Anfi? After all even without the developments of the past month, Anfi have been severely battered in the courts, with 17 Supreme Court rulings made against them on behalf of clients represented by Canarian Legal Alliance. So we now wait for the next chapter in this story.

 

If you have any questions or concerns about this or any other timeshare matter, contact Inside Timeshare and we will try to answer them. If we don´t know we will find out for you.

 

http://www.gran-canaria-info.com/news/what-on-earth-is-going-on-at-anfi-del-mar

 

http://www.gran-canaria-info.com/news/what-on-earth-is-going-on-at-tauro-beach

 

http://insidetimeshare.com/irregularities-anfi-tauro-beach-project/

 

http://insidetimeshare.com/great-anfi-battle-partners/