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End of Week

End the Week: Court Round-Up

Well, it’s Friday again and the end of another week with Inside Timeshare. We finish with a quick round-up of the latest court news, once again this news would not be complete without the appearance of our old friends at Anfi and in contrast, there is some news about Marriott. There is also some news regarding the various administrations of companies being conducted at the Mercantile Courts, more on this next week once clients have been informed.

The week began with yet another appeal at the High Court Number 5 of Las Palmas, where the judges confirmed both of the Norwegian client’s contracts with Anfi are null & void. This also confirmed the original ruling by the Court of First Instance that included the 69,105€ for the original purchase, along with a further 53,656€ in respect of illegally taken deposits.

The High Court also confirmed the payment of legal interest and legal fees.

This was followed the next day with another Norwegian client having their First Instance victory confirmed by the High Court.

The original judgement declared the contract null & void, the repayment of 44,371€ plus legal interest and legal costs. The total included the 17,316€ which is double the amount taken illegally as a deposit.

Anfi as usual was not satisfied with the judgement of the court and again launched another frivolous appeal. Every case we see coming out of the appeal court is a defeat against Anfi, so given the situation they are in, why are they wasting so much money with these appeals?

Moving now to a completely different attitude, on 4 October 2021, The Court of First Instance Number 3 of Marbella, issued their verdict in the case of a German client against MVCI Management and MVCI Holidays.

The court ordered the contract null & void plus the repayment to the client of 25,688€. Just three weeks later, Marriott has deposited the funds with the court and the client will soon receive this into their own account.

What a difference to Anfi!

Another sentence against Marriott has been issued by the Court of First Instance Number 7 of Marbella, in favour of another German client.

Along with the contract being declared null & void, the court awarded the client to be repaid by Marriott 24,571 plus legal Interest. No doubt we shall be reporting on this case in a few weeks if Marriott keeps up with their practice of paying without enforcement proceedings.

These cases were prepared and the clients represented in court by the Lawyers of Canarian Legal Alliance.

That is all for this week, for the time being Inside Timeshare will only be publishing a few articles each week, if anything of importance comes up it will be published.

Have a great weekend and join us again next week.

End the Week: Another Fake Law Firm and Court News

Welcome to the end of another week with Inside Timeshare, even though we are not publishing as often as we would like due to personal reasons, the timeshare world continues to move on. Once again another “FAKE” law firm has appeared, this time they claim to be based in Barcelona. We also bring you the latest news from the courts with more defeats for Anfi in the High Court with awards totalling over 200,000€.

We begin with a warning of the latest “FAKE” law firm to materialise, Servicios Legales Barcelona. Not a name that can be checked easily on the internet, the reason is that many law firms in Spain use the term “Servicios Legales” in their advertising and websites.

The Home Page of their website, only a link to send an email.

https://servicioslegalesbarcelona.com/

When making a search the list is almost endless with the first main entries being “Ver Empresas Servicios Legales en Barcelona” and “Empresas de Servicios Legales en Barcelona”, which both translate as: “See Legal Services Companies in Barcelona” and “Legal Services Companies in Barcelona”. These are lists of Bona Fide law firms, in none of these lists do we find a law firm called  “Servicios Legales Barcelona” That fact alone gives cause for concern.

This particular “fake law firm” is using a similar method to convince you the potential victim to pay up.

Grupo Logra, which we highlighted at the end of October, is using a non-existent Official Brexit Form to convince you to pay, (link below). This lot is using what they call The Value Proceed Document, another “official” form that does not exist.

https://insidetimeshare.com/the-litigious-abogados-family-strike-again/

Along with this “official form” is sent an invoice, supposedly from the court, but when you actually see it you can tell it is just a fake and probably a word template. See PDF below courtesy of the TCA.

The amount is £2,450, the invoice does not actually state what this payment is for, which must be paid in “Sterling”, but we suspect it is for “The Value Proceed Document”. The biggest problem is where and who the money has to be transferred.

Now considering that the “invoice” is from a Spanish Court, why is the bank account one with the Royal Bank of Scotland, with the account holder being one Patrick Gaughan?

A Spanish Court with a Scottish bank account in the name of a private individual who does not even have a Spanish name, come on, if that alone does not set your alarm bells ringing, what will?

Once again, this highlights how very careful and meticulous you must be before engaging with any company, especially in timeshare, that cold calls you with news of winning a court case of which you had no knowledge, or, that a court has awarded you as a “victim of fraud” a significant amount of money.

If you receive a call out of the blue with any news such as this then please do your homework first. If you require any help in determining the authenticity of the call, then please use our contact page and let us know.

Moving on to the High Court of Las Palmas, Gran Canaria, another three appeals by Anfi have been once again dismissed and rejected by the High Court Judges.

All three cases were originally heard at the Courts of First Instance of San Bartolomé de Tirajana, where the courts ruled the contracts null and void plus the return of the full purchase price.

The first case was also appealed by the client’s lawyers as the initial ruling did not take into account the payment of double any payments made illegally during the statutory cooling-off period. In this case, the appeal judges ruled a further payment of 15,861€ in respect of illegally paid deposits. This brought the clients total payment to 40,016€ plus legal interest and costs.

The second appeal which was dismissed and the original sentence endorsed, the clients were awarded 72,000€ plus a further 40,155€ for illegally taken deposits. This brings the total award to 112,115€ plus legal interest and costs.

In the third case, the original sentence ordered Anfi to repay the client 65,963€ plus legal interest and costs. This amount included double the amount taken as an illegal deposit, which came to 28,000€.

The three clients who hail from England, Norway and Germany respectively, will now have their cases filed with the Mercantile Court to be added to the growing list of creditors. These cases were prepared and executed by Lawyers of Canarian Legal Alliance, the proverbial pain in Anfi’s backside.

The Anfi Resort, the dream of Bjorn Lyng

It should also be pointed out, the one thing we have noticed is the amounts paid by our Norwegian friends for their “membership” to Anfi, they do seem to have paid and purchased more than others. We suspect this is due to the “loyalty and trust” given to Anfi by the Norwegians because of Bjorn Lyng. A trust that has been well and truly destroyed by the controlling group of Sanatana Cazorla.

If you purchased a timeshare membership in Spain since January 1999, you may have an illegal contract, if you would like confirmation if this is so and what your legal rights are, please use our contact page and inside Timeshare will get back to you.

That is all for this week, have a great weekend and remember beware the cold callers and do your “HOMEWORK” first.

End the Week: Court News

It’s the end of another week and apart from the big news about the “partnership” between Wyndham and Club La Costa, it has been rather quiet on the news front. Our old friends The Litigious Abogados Family have once again graced our pages with their latest “SCAM” or should we say “FRAUD”, with the use of yet another genuine name to enhance their nefarious purposes. We began the week with a short piece on cold calls. I should point out that “Mavis” is a fictitious character made up to highlight a problem, unfortunately, I did receive comments that they felt “Mavis” should give up her job. That is easy to say if you are comfortable. We end this week with our typical news from the courts.

We start with a Marriott case that was heard by the Court of First Instance Number 3 of Marbella, with the court issuing their sentence on 21 October.

Marbella Court House

The case against MVCI Management and MVCI Holidays was brought by an English client and was represented by lawyers from Canarian Legal Alliance. Their contract was for a period of more than 50 years and was also a points/floating week based membership. 

It was therefore declared null & void as laid out by law and the precedents set by the Supreme Court.

The court also ordered Marriott to repay the client 51,200€ plus legal interest; we now wait to see if Marriott continues to do the right thing and place the money with the court without the need for enforcement procedures.

Moving back to Gran Canaria, at the Court of First Instance Number 2 of SBT, another new case against Anfi was heard and a sentence issued.

The judge ordered the repayment of 47,235€ plus legal interest and costs, with the contract obviously being declared null & void. This amount also includes a double payment for the illegal taking of deposits during the statutory cooling-off period.

The case will now be filed with the Mercantile Court due to the liquidation procedures against Anfi Resorts and Anfi Sales. It is still not clear if Anfi can appeal the sentence, like they always do, with the High Court because of this, once we have a definitive answer we will let you know.

So far this week there have been three Anfi appeals once again dismissed by the High Court of Las Palmas.

High Court Las Palmas

The three cases involve one Norwegian client and two English clients, all won their cases at the Court of First Instance with their contracts being declared null & void and a total repayment ordered to all three of over 91,000€ plus legal interest and legal costs.

The judges also ordered that all three clients be repaid double the amount in respect of the illegally taken deposits at the point of sale. The statutory cooling-off period has actually been in force before the enactment of Law 42/98, this law increased it to 14 days, so really the timeshare companies again only have themselves to blame.

All three clients’ cases will now be filed with the Mercantile Court by their lawyers at Canarian Legal Alliance to ensure they are registered as creditors.

That is all from the courts at the moment, there has been nothing in from Tenerife and the Silverpoint cases, which as we know are also subject to administration by the Mercantile Court. When anything of importance is announced Inside Timeshare will publish it here.

If you would like further information on any articles published or just want to know if your contract is illegal and what options are available to you, then please use our contact page and Inside Timeshare will get back to you?

Have a Great Halloween Weekend and join us again next week for more news and information on the world of timeshare.