The main points of the case were the usual ones of the contract being more than the 50 years allowed by law which we know as perpetuity, the contract also contained floating weeks which lack any substance or entitlement. The third infringement was the illegal taking of payments within the statutory cooling-off period.
The High Court ordered that Anfi pay the client a further 10,310.20€ as a penalty for this illegal taking of payments, so along with the purchase price of 18,701.48€ the UK client will now receive a total of 29,011.68€.
So there is another happy and timeshare free client and yet another victory for the leading law firm in the field of timeshare litigation.
If you have been contacted by any company with similar information or if you would like to know your legal options on any timeshare product you have purchased, please use our contact page and Inside Timeshare will get back to you.
Welcome to the start of another week with Inside Timeshare, it has been a rather quiet weekend with not many emails with the usual horror stories of scams and more scams with new names being added to the ever-growing list. At the end of Friday, the following news came in with the latest court cases for that week.
Once again Canarian Legal Alliance had a very successful week in the courts, they received 18 rulings in favour of their clients with 4 of these being firm sentences from the High Court.
To explain, a firm sentence from the High Court is where one party usually the timeshare resort has not accepted the ruling of the Court of First Instance and lodged an appeal with the High Court. The High Court can either reject the appeal and send it straight back for execution of sentence or it may hear the case and either confirm the sentence or overrule it. Due to the Supreme Court rulings, it is very unlikely that they will change the original sentence.
Once again it was Anfi Sales SL and Anfi Resorts SL who had the highest tally of cases found against them with 13 in total. The cases placed before the courts were all the usual infringements, contracts with over 50 years in duration, floating weeks and points systems and not to forget the illegal taking of any payments within the statutory cooling-off period. Contracts were all declared null and void with a total of 689,117.15€ being returned to the happy clients.
Silverpoint came in second place with 3 victories for the clients, again the contracts were declared null and void with the usual variety of infringements, points, floating weeks, length of contracts and the taking of payments during the cooling-off period. In total, the courts awarded 240,687.12€ back to the clients.
Holiday Club Gran Canaria received yet another ruling declaring the contract null and void and the client being awarded 16,310.10€.
The last company is Regency Resorts and Tenelosa SL, with the court’s ruling that the contract is illegal and declaring it null and void, the lucky clients, in this case, will now receive 29,877.15€.
These cases do show that the courts are consistently ruling in favour of the clients and following the rulings laid down by the Supreme Court in the 130 cases which they have heard over the past few years. This should leave clients and timeshare operators that the courts will uphold the law and protect consumers from the type of illegal contracts which have been sold for many years.
Moving on from the courts, it has been noticed that mindtimeshare has not been very active recently, the last post they published is dated 14 November 2019. Now considering that they tended to post on an almost daily basis this lack of articles is very noticeable and we find it to be very unusual.
Could it be that they are now so low on funding that the staff have been laid off?
Under Rowe’s control, the TCA lost all credibility and it became just a wagon to promote his own companies, that is not what the TCA was intended to do when the late Sandy Grey began operating many years ago. It does look as though under the ECC we will see this publication going back to its roots and providing consumers with genuine facts and information. Inside Timeshare welcomes this change and hopes to collaborate with them in identifying the growing number of scam companies.
That’s all for today if you would like further information on your timeshare, whether you have a valid claim, just want to know how to get out or would like to know if a company is genuine then please use our contact page and Inside Timeshare will get back to you.
So far this week the news from the courts compared to last week has been a little slow, but we do have two items of news for you today. The first is against Anfi and the second is a case involving Airtours Beach Club, now known as Blue Bay. One thing that hasn’t been slow are all the emails from readers who have been contacted by various “companies” offering “claims”, “exits” and other services. One of the “new” services coming to our attention is regarding the placing of an embargo on the timeshare company, with the client being approached for more money to pay for this. Luckily one of our readers who does have a case in court contacted his lawyer for confirmation, as you have guessed he was told it was a scam. When Inside Timeshare has more details they will be published here.
We go first to our old friends Anfi and yet another cash embargo closely followed by a cash payout of 29,676.73€ which is now safely in the bank account of the client.
Once again the case involves Anfi, who as we have reported on several occasions has used tactics to delay paying by diverting funds across various accounts. This has also been widely reported in the Spanish press and television news, it has also gained the attention of the State Prosecutors office who have launched an investigation which could result in criminal charges.
The client’s contract was also declared null and void and now they can enjoy being timeshare free with a substantial amount being returned to their own account.
Staying on Gran Canaria, Airtours Beach Club now known as Blue Bay were on the receiving end of yet another defeat in court. This case involves a client of ECC and M1 Legal, who purchased a one bedroom apartment for one week back in 2000 for £8,211, with over £20,000 being paid in maintenance fees over a 15 year period.
The case was brought against Airtours España SL which is an agent for Anfipan SL, at the Court of First Instance of Las Palmas, Gran Canaria. The contract was also declared null and void, with the infringements being the contract was for a 96-year lease when the law is a maximum of 50 years. Although he was assigned a week number it was not actually stated when he could use the apartment, the accommodation was also not registered in the land registry, all these points are contrary to Spanish law.
So, thanks to the dedicated hard work of both legal teams there are now two very happy and timeshare free clients and yet another dismal episode for the timeshare companies.
If you purchased a timeshare in Spain after 5 January 1999 and would like to know if you have an illegal contract along with what your legal options are, then please use our contact page and Inside Timeshare will get back to you.