Over the past few weeks, Inside Timeshare has received many enquiries regarding Anfi and who is telling the truth regarding the court cases and Supreme Court rulings. Many of these questions have been coming from Anfi members themselves, having received emails and letters from Anfi who deny anything is going on. So the question is what is the truth?
According to a letter sent by the CEO of Anfi Group in June, which we published in the following article:
Anfi deny any wrongdoing, they continue to state they are not losing court cases, that the Supreme Court stated that Anfi were acting in good faith when selling perpetuity contracts. This in itself is a little strange as the Supreme Court has verified that the law 42/98 which states that contracts must be of a maximum 50 years, is correct. In other words why would this court say that perpetuity contracts are illegal, then on the other hand that Anfi acted in good faith?
According to the CEO, Anfi members are asking for their help in getting out of court cases instigated by various law firms, again this does not ring true, after all having used legal services in the past, you employ the law firm, if you wish to withdraw that is your right. You don’t need any help, especially from Anfi. Is this yet another deception?
In another section of his letter he goes on to say the Supreme Court agrees that any member who has had their contract declared null & void should in principle pay for past holidays taken. Inside Timeshare has not seen any evidence of this, in fact this point has been going on for some time, with even the RDO publishing their support for this. Again it is another ploy by the timeshare industry to save itself!
We won’t dwell on the CEO’s letter as you can read the previous article.
Another couple contacted Inside Timeshare after receiving an email about their own membership. It would seem this particular couple are not happy with their purchase, and wish to terminate the agreement. It starts by stating that Anfi does not consider their contract to be illegal until a court deems it so.
Again this flies in the face of previous statements, that their contracts are legal and it is the courts that have got it wrong, the truth is, the courts have found the contracts have infringed the timeshare law, is this another untruth?
In this email Anfi state once again that they are not losing, that cases which have been lost at the Court of First Instance are going to appeal. Yes they may be going to appeal, but only to prolong the process. After all, now that the Supreme Court has made 57 rulings against various timeshare companies, of which around 32 have been made against Anfi, all the courts must abide by them regardless. If the law has been broken then that is that!
On the point of one part of the law, the taking of deposits within the 14 day cooling off period, in this particular email, Anfi deny taking any deposit for the sale of the timeshare. They say they have a signed reservation form for so many nights accommodation at their Hotel Gran Anfi. Hang on a minute, is it not a timeshare resort?
Regardless of that point, according to them there is no mention on the documentation that it forms part of the payment for membership. Bit of a moot point there, after all the timeshare law states that no payment shall be taken on the day the contract is signed, even by a third party. So one could interpret that as the payment taken at the time of signing, even for accommodation, is payment to a third party! We’ll leave that one for the judges to decide.
The tone of the email is not very pleasant, the writer states “Our company is strongly focused on the future, and the goal is to have only loyal members”, well not very conducive to customer relations, would you not agree?
Well, let’s get down to some facts, Inside Timeshare during its investigations over the months has come up with the following figures. These may just be a little out of date as they were compiled some months ago and many more court cases have taken place since.
Cases lost by Anfi upto June 2017
Court 1st Instance 2nd Instance High Court Supreme
2015 11 2 18 3
2016 8 0 17 27
2017 9 1 4 2
Total 28 3 39 32
Remember, it was in March 2015, that the first Supreme Court ruling was made against Anfi, this was the case of the Norwegian lady Mrs Tove Grimsbo. Or is this another fact that Anfi are not acknowledging?
It is estimated that since January 2015 the courts have awarded over 3,435,974.56€ to former Anfi clients.
Only last week one client was awarded their purchase price back, 27,895€ by the Court of First Instance Number 2, in Maspalomas. That same court also ordered that double the deposit was to be paid back which amounted to 28,611€. Plus the legal fees, so this client receives back more than they originally paid. The infringement was again for a contract in perpetuity, longer than 50 years, so again another untruth told by Anfi that their contracts are legal!
Also we must ask about the recent Anfi vote, which asked members to vote for new contracts which comply with the law, it goes against what the CEO and the writer of the email state, that their contracts are not illegal.
Follow the links below for previous articles on this vote.
In the article on the last link there are figures that were supplied to Inside Timeshare that show payouts, cases won, closed and ready for execution. We leave it to you the reader to decide what the truth is, we already know.