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Court of San Bartolomé de Tirajana

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Anfi: The Legal Battle hots up!

Just recently Inside Timeshare was sent an email from a reader who is an Anfi member, it was regarding a video interview posted by a Norwegian Anfi member. In the video he berates the Arguineguin law firm Canarian Legal Alliance, who we must remember have been instrumental in having the timeshare laws in Spain clarified through the many Supreme Court rulings they have achieved over the past two years.

It turns out that this member had sought legal advice from Canarian Legal Alliance, with the view of regaining his purchase price and having his contract declared null and void. But for some reason he decided not to go ahead.

Anfi have also employed a Public Relations company, Geelmuyden Kiese AS, this company has been deemed the task of putting a “spin” on the problems that Anfi are having with all the lawsuits and adverse publicity. It was this company which wrote the letter to Norwegian members on behalf of Anfi, it was signed by the CEO Jose Luis Trujillo who then sent the letter to members with quotes from Mr Aksel Malterud along with the video. Mr Malterud in one quote goes on to say that “CLA pretends to be a law firm”, well I just wonder what the registered lawyers of CLA think about that one?

This letter is another step in the continuing battle Anfi are waging against CLA, still they deny any wrongdoing or that they have lost any cases. The ones they have mentioned losing, they claim the judges have got the law wrong.

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It must also be asked why has this PR firm taken on this case, after all have the Scandinavian press not run many stories on these cases, including the now famous case of Mrs Tove Grimsbo, the very first Supreme Court ruling?

Could it be they have not done their homework, and believe whatever they are told in order to get the business from a client who is clearly in the wrong?

We leave you to decide the answer to that question. After all, we have all come across this type of “spin” before, it follows the old saying “keep telling the lie long enough then everyone will believe it is the truth”.

From information received, these are the facts which it would appear the PR company Geelmuyden Kiese do not know:

Mr Malterud still owes for services and legal work done up to this point.

He has by all accounts never paid, which leaves CLA no other option than to take out legal proceedings for the outstanding legal fees. For whatever reason he decided not to take the case any further his subsequent actions leave a lot to be desired, CLA have evidence written by him claiming the underhand way Anfi was sold to him, the fact he was sold a contract that the courts have deemed illegal. Had he known this at the time, along with the fact that what was sold to him was worth nothing, he wouldn’t of signed.

Yet now he appears to be on the side of Anfi, so it does beg the question why?

What incentives has he been offered?

Anfi after all, are losing daily in the courts, only just recently 25/10/17 they had to payout a Norwegian client 136,000€ which was 106,000€ more than he had originally paid. Inside Timeshare has published many articles regarding these court cases, all have been verified by the courts and are genuine.

These figures also have been verified:

  • 32 First instance rulings against Anfi
  • 41 High Court rulings against Anfi
  • 32 Supreme Court rulings against Anfi
  • 1,210,169.11€ Pay-outs from Anfi to former Anfi timeshare owners
  • 5,516,694.81€-  already instructed by the courts to be returned by Anfi
  • 61,646,867.62€ Total claim amounts against Anfi

It was also announced last week that 3 pretrials were held at the Court of San Bartolomé de Tirajana, the judge ruled that there was no need to take them to full trial, his reason was the contracts were in breach of all the rulings made by the Supreme Court. The judge then announced he would deliver the sentence himself in due course.

With information such as this being made public, it really is not surprising that Anfi will do everything in its power to discredit a very successful law firm. Inside Timeshare say to all our readers, before you decide what the truth is, just remember where it comes from. If you want to believe Anfi, that is up to you, but remember what you were told when purchasing, all the promises that never came to fruition.

We have also published some of the history of the Anfi Group and the legal battles over the years, especially the most recent events surrounding the debacle of the Tauro Beach Project, which is currently under investigation by the authorities. The former head of the Coastal Authority is the first to be charged for forging documents and malpractice in public office. We would not be surprised to see more charges being filed with the courts over what has become a nightmare for the local residents.

We also published a similar story back in June, again it was a letter to members from the CEO Jose Luis Trujillo (see link below). For more articles on the subject of Anfi over the years including the story of the Tauro Beach Project just enter Anfi in the search box.

http://insidetimeshare.com/anfi-ceos-letter-members-desperation/

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Tauro Beach: Latest Development

Nature is now taking its own course on Tauro Beach, La Provincia, has today published the latest in the debacle that is the Anfi Tauro Beach project. The Canary News which is the English language paper in Gran Canaria, has also published the news on their website.

The warnings that were given about the nature of the tides and waves by locals have come to life, a huge chunk of the beach has now been washed away, revealing what is left of the original pebble beach.

The project to create an artificial beach involved importing 70,000 tonnes of sand from the Western Sahara, this was laid after the old pebble beach was removed. It was also laid without first being treated, this say environmentalists, could cause problems due to invasive species being in the sand. It has already had some detrimental effects on the marine area that is protected which is only 300 meters away.

It is now only 5 months since Anfi stated that work was now completed and weeks after the announcement that Anfi was to lose the concession and rights to run the beach for profit over the next 50 years. This was announced by the Canarian Government with the initial proceedings taking place at the Court of San Bartolome de Tirajana.

The beach has been closed to the public since work began and is still fenced off. Canary News also makes reference in their article about the major investigation being conducted for “corruption investigation and accusations of impropriety at the highest levels of the Canarian Coastal Authority”. We have already seen one prosecution of the former head of the authority and are just waiting for the court to complete the trial. The Mayor of Mogan is also currently under investigation and it remains to be seen how many more people end up being prosecuted.

Back in August, we saw the homes of the local people being flooded which ended up with a barrier being built to protect homes from flooding again, now with the sand being washed away, what of the remaining beach, after all we have not yet seen the winter storms or very high tides yet.

 

http://suscriptor.laprovincia.es/gran-canaria/2016/12/13/marea-lleva-parte-arena-playa/889842.html#

Tides take sands from Tauro beach

So the story goes on, as more news comes in, Inside Timeshare will publish it here. If you have any comment or questions about any article published, or if you have some information you would like to share, please use the contact form on the website.

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Gran Canaria Info: Explains Recent Developments at Anfi.

The local online news and information magazine Gran Canaria Info, has been following many of the events over the past year in regards to the ongoing story at Anfi.

 

In its latest article it explains very simply what has happened so far this year. The first part of the article explains the selling of the Lyng family´s 50% share of Anfi to IFA Lopesan. This is a well known hotel group in the south if the island, having major luxury hotels in Meloneras.

lopesan-costa-meloneras

The question they posed is what does this mean for Anfi owners?

 

Lopesan has stated that they so far have no major plans for any changes at Anfi, or how it is run. Owners would not notice any changes, Lopesan maintained they are committed to the timeshare model which is Anfi´s main business. They also stated they plan to continue with the Tauro development project in it’s current form.

 

It is expected that Lopesan with its extensive funds should actually make Anfi better for owners, improving the facilities and updating the accommodation.

 

As for the Tauro beach project, it was reported last week that the first prosecution has been filed with the Court of San Bartolomé de Tirajana, against the former head of the Canarian Coastal Authority José Maria Hernandez. The charge is one of administrative malfeasance (wrongdoing in public office) and forgery of official documents.

 

At present it is not known what the implications of this case will have on the beach project or the development of the Tauro valley. What is known is Anfi and the new partners Lopesan will have to apply for new permits to continue the development of new hotels and shopping center in the area behind the beach.

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The article then goes on to explain in a simple way the laws and how they may affect owners, the changes such as perpetuity contracts, floating and points systems as well as deposits within the cooling off period. It also highlights how Spanish law works, also stating that “no win no fee” is not allowed in Spain and there will be costs involved in taking the case to court.

 

Gran Canaria Info is a valuable resource for expats and those on holiday, it highlights much of the news on the island and is one of the few English language news outlets giving concise and factual information. For the full article click on the link below.

 

http://gran-canaria-info.com/content/timeshare-law/anfi-del-mar-and-the-future-of-gran-canaria-timeshare-in-2017

 

If you require any further information on this article or any other timeshare matter, contact Inside Timeshare and we will be pleased to help.

 

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First Prosecution for Tauro Beach Project Filed.

News has just come in with regards to the Anfi Tauro Beach project, the first prosecution has been announced.

 

The Office of the Environment in Las Plamas has filed a complaint with the Court of San Bartolomé de Tirajana, against the former head of the Canarian Coastal Authority José Maria Hernandez. The charge is one of administrative malfeasance (wrongdoing in public office) and forgery of official documents.

 

Hernandez was dismissed from his post in July, after an investigation by the Guardia Civil into irregularities in the permissions and licences granted for the project to build a beach and other amenities.

 

The project to convert the area into a manmade beach was authorised initially by the Ministry of the Environment, but was subject to certain conditions. The prosecution state that the head of the Coastal Authority (Hernandez) did not consider these conditions and gave a verbal order to begin the works. The senior engineer had warned him (Hernandez) by email that significant and important documents were missing and the project did not meet with the Ministerial conditions.

 

The engineer then refused to sign the minutes for the commencement of the work, also documenting a series of violations in writing to the General Director of Sustainability of the Coast and the Sea.

 

The prosecutor Javier Ródenas considers that Hernandez verbally authorised the works despite warnings of serious breaches then committed an act of forgery by drafting a document which was then signed by him in April. This document gave the impression that it was written in February when the work actually commenced.

 

At the beach itself a wall has now been built to protect the people living there from the high tides that are common at this time of year. Rocks have also been placed at one end to stop the sea from flooding around the wall, the work on the footpath is still going on, obviously this is being done as to leave it, it would become a safety concern.

 

It now remains to be seen if Hernandez had accepted any form of inducement to allow this to happen, if so this story will get much bigger. As more news comes in it will be published here.

 

Link to the Spanish press which ran the story.

 

http://maspalomasahora.com/not/38772/la-fiscalia-se-querella-contra-el-exjefe-de-costas-que-autorizo-la-construccion-de-la-playa-anfi-tauro/