End the Week

Well, it’s that time again, the end of another week and the start of a well deserved weekend break. Today’s article is a short one with only two new sentences being issued, we also give a quick warning on another new cold caller and website which has just come to our attention. So far we do not have much information but as soon as we have more we will publish the full story.

News from the courts.

Now that the courts annual August break is over and have started to catch up on their backlog, only two sentences have been issued from the Courts of First Instance of San Bartelomé de Tirajana. Both of these are against our old friends Anfi Resorts SL and Anfi Sales SL.

The first case involves an English client of Canarian Legal Alliance, with the defendants being Anfi Sales and Anfi Resorts but also including Anfi Tauro Resorts Management SL and Anfi Tauro SA.

The contract was declared null and void with the court ordering Anfi to pay back 41,909€ plus legal interest. In issuing the award, the judge also included double the amount which the client had paid as a deposit. As we have stated before it is illegal to take any payments within the statutory cooling-off period, even by a third party, the law has made it quite clear that any payments made which contravenes this will be awarded double.

The case was prepared and conducted by Eva Gutierrez with the client being assisted by Claims Consultant Jake Kaiser.

The second case again involving Anfi Sales and Anfi Resorts was also conducted on behalf of a Norwegian client by Eva Guttierrez with Claims Consultant Michael Gadman assisting the client.

The court declared the contract null and void as it was over 50 years in duration and contained floating weeks. The client has also been awarded 30,153€ plus legal Interest, this amount also included double for the illegal taking of a deposit.

We suspect over the next few weeks we will be seeing many more judgements being made, as they are Inside Timeshare will publish them.

We now move to a warning to all our readers.

Inside Timeshare has been informed of a new cold caller contacting timeshare owners regarding the termination of contracts and claims.

The name is Timeshare Closure, we cannot call it a company as we have so far not found any reference to them on UK or Spanish company records. Their website shows no company information at all and it was only registered on 26 June 2020 and is set to expire on 26 June 2022.

https://timeshare-closure.com/

The caller also uses the name Timeshare Data who then transfers the call to Timeshare Closure. The only contact with Timeshare Closure is a telephone number 0800 048 8387, the contact form and this email address: [email protected]

As we get more information it will be published here.

Once again we hope you have a great weekend and remember to do your homework before engaging with any company that contacts you or that you find on the internet.

Who Are Eurocan A.S.I.F.F.S.L.?

Each day brings new information from readers who want to know if companies who have “cold called” are genuine, today is no exception. We have received further information from yet another reader on a company that has been sitting on the desk for a couple of weeks while further research was being done. Today we reveal this “new” claims and termination company Eurocan A.S.I.F.F.S.L. and to be honest it does not look good.

Eurocan A.S.I.F.F.S.L  with the Company Registration CIF B38575957 and the registered address:

Calle Mendez Nuñez, ED Santa Ana, Santa Cruz de Tenerife, 38003 , Tenerife.

With the address given on their website as:

Edf. Europa, Calle La Marina, 38002, Santa Cruz De Tenerife

Telephone: 0207 183 0478

Email: [email protected]

The website:

https://www.eurocansl.com/

Was only registered on 3 July 2020 and is set to expire on 3 July 2021, so registered 2 months ago and for only one year. Doesn’t inspire any confidence so far.

The registrant, as usual, is hidden under “Privacy Protection”, so there is no indication who the actual owner is.

According to company records Eurocan was registered as a company back in 2000, with the sole director being Alberto Garcia Santos.

The records also show three Spanish telephone numbers: 922220081, 922899804, 922243976, which are all Tenerife numbers.

One strange fact which comes from the entries in the records are the “Objeto Social”:

La Explotación comercial de restaurantes, cafeterias, bares, tascas, pubs, salones recreativos y de juegos discotecas panaderias, dulcerias o confiterias,establecimientos de alimentacion y vinotecas librerías papelerías.

In English:

The commercial exploitation of restaurants, cafeterias, bars, tascas, pubs, recreation and gaming rooms, nightclubs, bakery.sweets or confectionaries, food and wine stores, libraries and stationary.

Not one entry in the social object of the company which pertains to anything to do with timeshare termination or claims. So the question is what are they exactly?

Well, I think we can dismiss the entries in the records, according to their website they are “experts” in the field of timeshare termination and claims. It is obvious that they will offer “claims” under Section 75 of the Credit Consumer Act 1974 but they also have a heading called “Spanish Litigation”, which infers that they will use the Spanish courts and lawyers, yet they show no links to any lawyers.

Now, we do know they claim to have cases in court as can be seen by the two letters to different clients, yet they are word for word including the “minimum” amount that Eurocan claims are being awarded and that is set at a “conservative” 22,135€. Apparently this figure has been set on previous claims.

It then goes on to say that the average amount that has been settled is over 40,000€ and that “previous claims have been granted in excess of 120,000€”. Well, if that does not get you to sign up I’m not sure what will!

It is also very strange that these “clients” have not pursued any legal action or have ever filed a claim with any court, yet both of these letters show dates for “provisional hearings” at the “First Instance Assembly”. This paragraph also states that the “clients case has been included”, if the client doesn’t contact them to “opt-out”. Surely it should be “opt-in”?

Both the letters are also signed by Maria González, yet they show no company information such as CIF or VAT numbers, just the address and the 0207 number.

But to add credibility and an air of authenticity they do include the Spanish and Canary Islands coats of arms, which we have seen on many fake court documents. It should also be noted that both clients have totally different timeshares so again how was the figure calculated for it to be the same?

Just on the information we have uncovered so far, it is pretty obvious that this is not a genuine “termination or claims” company, it has all the hallmarks of being just another scam against timeshare owners who may be desperate to get out.

Once again we have to remind all timeshare owners of the risk when not doing your research before taking on the services of any company that contacts you. Especially when they claim that you have been awarded such huge amounts.

Have you been contacted by Eurocan A.S.I.F.F.S.L. or any other company and would like to know if they are genuine, if so please use our contact page and Inside Timeshare will get back to you.

REMEMBER, DO YOUR HOMEWORK FIRST, YOU WILL SAVE IN THE END!

Mid Week Roundup

So far this week we have published the story on Marriott and the availability of weeks via various booking sites, these tend to be cheaper than the amounts paid by members in annual maintenance fees. This article was prompted by the many complaints received by Inside Timeshare from owners/members not being able to get the bookings they want due to “no availability”. We then published a warning on a new claims company C and J Legal Associates Ltd. As we reported this company has some rather dubious links. Even though the courts are now getting back to normal, so far we have received only two new results, as usual one is against Anfi, the other is against La Pinta Beach Club.

On Monday the Court of First Instance No 5 of San Bartelomé de Tirajana, declared another Anfi contract null and void with an award of over 18,000€

This is a very interesting case as it took less than a year, which also included the shutdown of the courts due to the pandemic. The pretrial hearing had to be delayed because of this, but when the preliminary hearing took place at the end of July, the judge on the evidence presented made the decision that a full trial was not necessary.

The evidence presented was sufficient for the judge to make a ruling in accordance with the Spanish Timeshare Law 42/98, that the contract which was in perpetuity was in breach of the maximum duration of 50 years allowed by law.

Once again the judge ruled in accordance with the numerous Supreme Court rulings on this subject, finding in favour of the consumer.

The following day at the Court of First Instance No1 of Arona, Tenerife, it was the turn of International Holiday Way Marketing to face the consequences of selling timeshare at La Pinta Beach Club in breach of the law. The contract contained the floating week’s system which guarantees the member absolutely nothing apart from a promise of accommodation subject to availability.

The contract was duly declared null and void with the client being awarded over 11,000€, so another happy ex-timeshare owner.

It now remains to be seen if Anfi does what they usually do and lodges an appeal to the high court to create more delays and stress for the client. We doubt if International Holiday Way Marketing will appeal, but we will have to wait and see.

Both these cases were presented on behalf of the clients by Canarian Legal Alliance.

On this note, Inside Timeshare has been made aware by several readers that many of the new “cold calling” “claims” companies are using tactics which can only be described as “dodgy”. In many of the calls, Canarian Legal Alliance is being accused of not taking clients cases to court, that it is all a sham and that no one has ever been paid. They also claim that CLA is dragging everything out and that the “cold callers” can get the case resolved within months.

Well, all Inside Timeshare can say is the cases we publish are genuine, the documents have been verified with their respective courts. CLA is doing the job they claim and with 130 successful cases at the Supreme Court (the only law firm to do so) proves the fact that they actually do the job.

We also know that cases can take a long time to be resolved, the wheels of justice do not turn very fast. It is also a fact that many timeshare companies resort to delaying tactics to draw out these cases with constant and frivolous appeals and motions to have cases dismissed on futile grounds.

The courts are fully aware of this and as we have seen with Anfi, extra penalties have been awarded against them in favour of the client.

Please remember that many of these new “companies” have only just emerged with websites and companies only registered a matter of ago, so ask yourselves one question, how can a company that has only been operating for a few months have all this success?

The answer is simple, they have not had any success, they have never relinquished a timeshare, nor have they ever had any cases in court. It is also very doubtful if they ever will, especially once they have your money!

If you have been contacted by any company and you would like to know if they are genuine, or if you would like to know your legal position and whether you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

REMEMBER, DO YOUR HOMEWORK FIRST!