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Anfi Hits Spanish Television News

Following Monday’s article about Anfi Sales and Anfi Resorts hiding assets in an attempt to avoid paying back money awarded to clients in the Spanish courts for the selling of illegal contracts, they are back in the news. This time it is on Spanish national television TVE 1.

They report what we already have published and what was published in El Diario, Inside Timeshare has a recording of the news item to which has been added subtitles it has also been uploaded to Youtube.

https://youtu.be/VOujAX_HS50

The lawyer who is dealing with this case on behalf of Canarian Legal Alliance clients, Eva Gutiérrez is being interviewed outside one of the CLA offices in Arguineguin, with the Anfi Resort in the background. In the interview, Eva explains the reason behind the emptying of bank accounts giving the reporter all the figures. She is also seen working on documents showing the various bank accounts.

Eva Gutiérrez

It is actually quite staggering the amounts which are in the millions of euros that are being diverted from these accounts to avoid court-ordered repayments. It is no wonder that the Provincial Prosecutor’s Office has been taking a very keen interest in this matter.

During the interview, Eva Gutiérrez also explains that CLA and their clients are urging the courts to appoint an independent administrator to oversee the accounts and the investigation. This blatant attempt we are seeing by the Anfi Group, who are also paying members of the RDO (Resorts Development Organisation) the timeshare industry trade body and governed by their code of conduct and ethics, is in the mind of Inside Timeshare possibly a criminal act.

As yet we have not seen any statement from the RDO regarding this and we very much doubt that they will even sanction them over this. So much for the trade body and their code of conduct and ethics.

This story should place no one in any doubt as to the lengths timeshare companies will go to deceive consumers, it should also remove any doubt as to the authenticity of Canarian Legal Alliance which has over the years been smeared by the timeshare industry as a criminal gang and swindlers!

Inside Timeshare knows who the real swindlers and criminals are and now so do you!

Link to the original article by El Diario with English translation in PDF format.

https://www.eldiario.es/canariasahora/tribunales/Anfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

If you own a timeshare at Anfi or any other resort and want to know what your legal options are, then use our contact page and we will point you in the right direction.

Friday’s Letter from America: On Thursday

Welcome to this week’s Friday’s Letter from America, yes it is Thursday, but due to personal matters we are publishing this today, also to give a little more time to gather more people to attend the Las Vegas Miracle Mile Protest. We also thank Patty Boyak for this article.

Our Las Vegas Miracle Mile Protest at the Mall Entrance

Harmon Avenue

Protesting Unfair and Deceptive Timeshare Sales Practices

Join Us this Weekend February 16 & 17 from 8 a.m. to 5 p.m.

Don’t Fall for Deception Pressure and Traps Disguised as Vacations

Thursday, February 14 (Friday’s Letter from America)

By Patty Boyak, event organizer

February 14 is Valentine’s Day. I should be thinking about hearts and flowers, but I am having a hard time getting over the deception 70 Platinum timeshare members experienced. I am one of the 70. We were told and believed buying additional points would qualify us for a program to reduce or eliminate our maintenance fees. It was a program that did not exist. Other Platinum members were sold on the ability to be able sell points. They later learned that their timeshare points are all but worthless. We were loyal, and most importantly, trusting customers, so believed timeshare sales agents. We are educated professionals. We are not deadbeats with buyer’s remorse.

Florida Representative Wyman Duggan submitted a Florida House Bill 435 concerned about unfair and deceptive timeshare exit company sales practices. What about unfair and deceptive timeshare sales practices? The bill proposes exit companies be required to provide one day for a buyer to review a contract. https://www.flsenate.gov/Session/Bill/2019/435/BillText/__/PDF

Why can’t timeshare buyers be given one day to review a contract?

  • Probably because the industry would disappear if the buyer was allowed 24 hours to review the contract. Timeshare companies demand buyers must buy a timeshare the same day – often after a long aggressive sales session.

What about deceptive timeshare sales practices?

Why isn’t Florida Representative Duggan concerned about the much larger dollar amounts consumers are losing to unscrupulous timeshare sales agents?

The St. Louis, Missouri Better Business Bureau gets it:

THE ST. LOUIS BBB RECOMMENDATIONS FOR THE INDUSTRY

  • More honesty from the industry. The timeshare industry needs to develop and adhere to a set of ethical standards to address widespread reports of high-pressure and deceptive sales practices and to deliver accurate, honest sales pitches to consumers. Reputable companies do not pressure consumers over several hours to purchase services they had little interest in buying or, in some instances, can’t even afford. If presentations are held, consumers should not be detained past the scheduled time or express a false sense of urgency to act immediately. Avoid telling consumers something that will entice them to sign but is later contradicted by your contract.
  • Honor promises. Provide tickets or other promotional items at the time of the presentation. Do not mail them later or make the consumer obtain them from another source.  
  • Do not mislead about timeshare inheritance. Too often misleading statements or scare tactics are used to encourage those who have inherited a timeshare to believe they are liable for it. Don’t misrepresent the law or circumstances for financial gain.
  • Do not require consumers to initial documents “under duress.” Too often, consumers are faced with presentations consisting of long hours; eventually succumbing to high pressure sales tactics.
  • More transparency from the industry. If a consumer is referred to another company or person to complete the presentation process, be transparent about the process (ie. obligation to sit through a two hour presentation to obtain discounted tickets) and amount of time it will actually take to possibly alleviate someone from their timeshare.
  • Eliminate company mediation. Do not require consumers to mediate through the company’s internal program should a dispute arise. Instead, use a neutral, third-party mediation source such as Better Business Bureau or American Arbitration Association.
  • Easier exits. The recent establishment of deed-back programs may be a step in the right direction. More consumers should be able to take advantage of these programs. The establishment of more deed-back programs is likely to lead in a decrease in fraud seen in the resale and exit markets.

RECOMMENDATIONS FOR GOVERNMENT

  • Tougher law enforcement action. Regulatory agencies have reported receiving an increasing number of complaints about the timeshare industry. Bringing action against any bad actors in the industry could help consumers and deter companies from violating consumer protection laws.
  • New laws. BBB hears from many senior citizens who have been affected by the timeshare industry. Missouri legislators should consider special protections for those 65 and older who enter into agreements with timeshare and travel club companies. An extended right of rescission period could help seniors who may not totally understand what they have purchased. All consumers should receive pertinent information – such as access to websites and passwords – at point of purchase so that they can check potential savings and actual values of timeshares on resale market so that if they decide to cancel, they can take advantage of the rescission period.

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry?bbbid=0734

Voluntary deed-backs work for those who have used and enjoyed their timeshare for years, but what about the buyer deceived who signed off on high interest rate loans and credit cards after experiencing unfair and deceptive sales practices? Voluntary surrender programs don’t help them.

If “You signed a contract” – is the industry’s official response to complaints of unfair and deceptive practices – seconded by lawmakers and the regulators in some states (like Nevada), the public needs to be made aware misrepresentations reported by timeshare buyers will be ruled in favor of the timeshare sales agent. In Nevada all our complaints were dismissed with “You don’t have proof.” There are too many educated professionals, who don’t know each other, reporting similar, and in several cases, identical complaints.

Platinum member Sheila Brust (and our T Shirt designer) reported, “We were given ludicrous advice from a Florida regulator that is clearly out of touch with timeshare consumer reality. I was told to contact a licensed timeshare resale broker, but every agent I contacted informed me my timeshare had no secondary market.”

Check with a member of the Licensed Timeshare Resale Broker Association before buying any timeshare or to find out if your timeshare even has a secondary market. http://www.licensedtimeshareresalebrokers.org/

Our Mission Statement

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

 

Thank you Patty for your article, for all those who are going to attend, Inside Timeshare will be with you in spirit and we hope you all have a wonderful day. We never know, it may just make a difference, we can but try!

Press Release from CLA, Plus a Quick Look at the Biggest Timeshare Fraud in History

As August is very much the summer holiday month, there is not a lot of news from the courts in Spain, but it is a month when some of the new names and old ones will be making a comeback on the scam front. We will be keeping a watch on these and will start reporting them as and when they do become active.

Following on from Start the Week on Monday, we reported the news from the Royal Courts of Justice regarding the case of the Financial Conduct Authority and the validation order issued to Barclay Partner Finance:

http://insidetimeshare.com/start-the-week-13/

We have been given the following press release from Canarian Legal Alliance.

On 19 June 2018, a representative from Canarian Legal Alliance attended the hearing at the Royal Courts of Justice, Upper Tribunal, Tax and Chancery Division, to represent the interests of one of our clients.

These clients had been sold timeshare in Malta by Azure Resorts and were financed by loan agreements with Barclay Partner Finance. It transpires that these loan agreements were brokered by an unauthorised agent Azure Services Ltd. As such these agreements breached the Financial Services and Markets Act 2000.

This affected 1,444 credit agreements with a total value of £47 million, in the period between 1 April 2014 and 24 April 2016.

This made the agreements unenforceable, which entitled the borrowers to recover their money and have the agreements cancelled. Therefore BPF applied to the Financial Conduct Authority in May 2017 to have a validation order issued to rectify this. The FCA on the evidence and information at the time issued the order to validate the loan agreements in February 2018.

This validation would then entitle BPF to retain money paid to them under the agreements, also allowing BPF to enforce payments by any consumer who defaulted.

On 1 August 2018 Judge Timothy Herrington issued his judgement, in his ruling he stated the FCA should re-examine the original order and take into account “client detriment”, a factor which the FCA had not considered in the original order.

In the case of our client, this “client detriment” is very clear, they were mislead into purchasing the timeshare as an investment with the promise of income rental and then resale, which never materialised. They were pressured into signing the loan agreement after hours of high pressure timeshare sales tactics, even though our client explained they could ill afford the timeshare.

They were not explained the terms and conditions of the agreement or the full extent of the cost, the product they were purchasing was not suitable for their needs and would not fulfill the promises given. They were also mislead as to the length of the loan agreement, being 2 years and not 15 years which it turned out to be.

There were no proper credit checks made with regards to affordability or the ability to afford the repayments, they were not asked to provide any proof of income (bearing in mind they were both in their 70’s and on pensions), or any proof of outgoings.

Once the validation order is overturned by the FCA, this will leave our client able to recover all money paid to BPF and have the loan agreement declared null and void.

This ruling may also have an effect on loan agreement for timeshares purchased via loans even by an authorised broker. As a law firm we have many clients who have gone through the same process, lengthy presentations, high pressure sales and no proper checks regarding the ability to afford the repayments. We believe this may give clients an avenue to have these agreements cancelled and be reimbursed the money paid.

Canarian Legal Alliance

Our thanks to CLA for that information, now a quick look at an old story which was prompted by an item on ITV News, this was an interview by the wife of John “Goldfinger” Palmer who was shot and killed at his Essex home in June 2015.

In the interview she expressed her disbelief at the inability of Essex Police to find her husband’s killer, which the police believe was a professional hit. She also claimed she felt “sorry” for those who lost thousands in the timeshare scam. This is after she started the interview with “It was a wonderful Lifestyle” and “We had everything we possibly could want”. On whose money is the question?

The timeshare scam involved 17,000 victims and was worth over £100 million, it revolved around the multiple selling of timeshare units, resorts that had not been built or ever going to be built and ones without any planning permission.

It has been regarded as the biggest timeshare fraud in history.

Palmer was eventually jailed for 8 years in 2001 in the UK after being convicted for timeshare fraud. He was also ordered to repay around £33 million to his victims, but as the Crown Prosecution Service bungled the paperwork this order was overturned to the consternation of the police. He was released in 2005 and returned to Tenerife.

He was eventually arrested on the runway and bundled into a military transport and taken to Madrid to await trial by the Spanish authorities, he spent 2 years in jail and was then released on bail returning to the UK. The rest as they say is history.

Click on the link below to see the interview and the second link which is a report by Roger Cook made around 2 years ago on the full story of John “Goldfinger” Palmer, from his involvement in the Brinks Mat bullion robbery through to his timeshare frauds.

https://www.facebook.com/ITVWestcountry/videos/2076879189011352/

Join us tomorrow for our Letter from America, this week Irene Parker reports on the Whistleblowers Summit which she attended in Washington DC in July, you will certainly find it a revelation.