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End of a Dismal Week for Anfi

It’s Friday and it is the end of another very expensive week for Anfi. We ended last week with the news which came in after publication that the courts awarded over 213,000€ against Anfi del Mar for seven clients. This week has not been any better for Anfi Sales SL and Anfi Resorts SL, with even bigger awards being made by the courts along with all contracts being declared null and void.

On Monday 20 January, six sentences were issued against Anfi with over 174,885.56€ going back to clients. Once again contracts containing floating weeks, contracts of more than 50 years and the taking of deposits within the statutory cooling-off period being deemed illegal under Spanish law.

Wednesday saw another five sentences being issued by the courts against Anfi with over 235,440.75€ being awarded to these clients. The courts also declared all contracts null and void for contravening Spanish Law.

All eleven of these clients were represented by the very able legal team of Canarian Legal Alliance.

The Lawyers of CLA with Judith 2nd from right and Cristina 4th from right.

In total, this week alone has added a further 410,326.31€ to the debts that Anfi are now incurring due to these judgements, the question is how long can they actually sustain these huge amounts?

In further news, the specialized court enforcement and execution of sentence team consisting of Judith Diaz Pascual and Cristina Batista have made yet another client happy with their dedicated hard work.

The German client has now received 14,712.66€ into his bank account, this is the balance of his total claim which amounted to 50,737,59€. There is unfortunately still an outstanding amount to be paid to the client. This consists of legal interest and his legal costs, these will be subject to yet another enforcement action by the specialist team.

It must also be noted that this particular payout was made voluntarily by Anfi as a result of the huge legal pressure from the execution and enforcement team, so is very good news for clients of CLA.

To end this week Inside Timeshare issues a further warning to timeshare owners especially clients of Eze Group. More emails are being received from readers desperate to find out if the claims they have received in calls regarding a court case in Malága against Eze Group and Regency Shores SL are genuine.

By far the most prolific are those from Platinum Services and Administration SL, followed closely by  01C Leisure and Legal Solutions SL. both are claiming that cases have been filed against the companies in the Malága courts. As we know a case against Eze Group was held at Birmingham Crown Court in 2017, where Dominic O’Reilly and his daughter Stephanie O’Reilly pleaded guilty. They were sentenced in January 2019 with Dominic receiving a custodial sentence and Stephenie having hers suspended.

At this trial, no money was set aside by the courts for victims of Eze Group, but the courts did order an investigation under the Proceeds of Crime Act. This particular investigation is ongoing and is not likely to be concluded in the near future.

As for Regency Shores SL, Inside Timeshare has no information that any cases are filed or even being filed with the courts in Malága, in fact, any cases against this branch of the company must be heard in Tenerife which is where the company is registered and where the sales took place.

These are just two of the companies that have joined the bandwagon of “scam” operations preying on Eze Group clients who are desperate to get their money back. If you have had a call with the good news of a case from any of these or any other company then please do get in touch with Inside Timeshare, it is your information that is vital to help others.

https://insidetimeshare.com/more-consumer-warnings/

https://insidetimeshare.com/the-mid-week-report-platinum-services-and-administration-sl/

https://insidetimeshare.com/hellenic-republic-ministry-of-foreign-affairs-the-latest-eze-group-scam/

That is all for this week if you require any further information on any article published or would like to know your legal position with your timeshare contract, please use our contact page and get in touch.

Have a great weekend and remember to do your homework.

Marriott: More Evidence to Circumvent Spanish Law

Recently Inside Timeshare published the article “Marriott Contracts Circumvent Spanish Laws”, today we reveal another example of this practice by one of the world’s major timeshare developers. Many operators have tried to get around the very strict timeshare laws which Spain enacted on 5 January 1999, by using various methods such as UK limited companies and the inclusion in the contracts of the clause that the contract is bound by and under the jurisdiction of UK laws and courts. This practice did work for a time as judges in the Courts of First Instance did not accept the case as they believed that UK jurisdiction did take precedence over Spanish Jurisdiction.

Last  September Inside Timeshare published the ruling of the High Court of Malaga. This court ruled that although the contract did clearly state UK law and jurisdiction with the sales agents being a UK limited company, they ruled that Spanish Courts did indeed have jurisdiction. The fact the purchase was made in Spain brings the sale directly under Spanish timeshare law.

Inside Timeshare has now received information from yet another reader of Marriott using this practice of selling products from their sales office at Marbella Beach Club but showing the sale as being elsewhere.

Back in 2005, this reader was on holiday around Marbella and was invited to attend a presentation at the Marriott Beach Club Resort, which they duly attended. After a fairly lengthy presentation, which we all know is all too common, our reader signed up for membership.

The presentation was conducted by the sales staff of MVCI Holidays SL, a Spanish entity registered at Marbella Beach Club based in Marbella. The purchase was for membership to Marriott Vacation Club International with the home resort being the Phuket Beach Club in Thailand. Well, this is not really a problem, after all, there are the internal exchanges as well as membership to Interval International which did give them, in theory, plenty of choices worldwide.

Marriott Mai Khao Beach Club Phukett

It is now that the problems come to light, this readers circumstance have now changed, the timeshare is no longer needed or being used. They were then contacted by several “claims” companies with the promise of using the Spanish legal system to recoup the purchase price and have the contract declared null and void as it was illegal under Spanish timeshare law.

They were told they had a very good case and were asked for a sizable amount for legal fees, they decided to investigate further as the company they were talking to had not even asked to see their documents. The whole process was done over the phone.

It is a good job they did decide to look into this, after contacting Inside Timeshare they emailed copies of their documents. We checked the documents with a leading law firm who informed us that there was not a case which could be brought in Spain using Spanish timeshare laws.

Although the presentation was made in Marbella the documentation is signed by a representative of Mai Kao Development Limited a Thai registered company and not of MVCI SL (Marbella).

The seller and sponsor being:

Maikhao Vacation Villas Limited.

The seller’s Agent:

MVCI (Thailand) Limited.

Marriott Ownership Resorts Inc Orlando Florida.

The only reference to Spain is the fact the presentation was made by MVCI SL, this according to the lawyers precluded any case from being filed in a Spanish court.

When we consider the last article where the purchaser who thought they had a membership with Marbella Beach Club but in fact with a resort in Virginia, this does now look like Marriott knew exactly what they were doing. We also have to remember that this is only 6 years after the enactment of the new timeshare laws which prohibited the sale of any timeshare in Spain with a contract of more than 50 years or which included points or floating weeks systems.

Was this a very deliberate and premeditated attempt to circumvent the laws of one country by using entities not associated or registered with it?

We leave you the reader to decide, Inside Timeshare believes it was.

Have you purchased your timeshare with Marriott, have you been contacted and told you do have a valid case?

Do you want to know if what you have been told is true?

If so, please use our contact page and get in touch, Inside Timeshare will get back to you and point you in the right direction.

Link to previous Marriott article.

https://insidetimeshare.com/marriott-contracts-circumvent-spanish-laws/

Start the Week: Huge Payouts Announced

Welcome to another week with Inside Timeshare, we start today with a roundup of news from the end of last week in the courts. It certainly proved rather costly for these timeshare resorts but made their ex-members very happy indeed. As usual, all the contracts have been declared null and void due to serious infringements of Spain’s timeshare laws with the return of all the client’s purchase price.

In the first case which was actually heard and the sentence passed some time ago, Puerto Calma Resort in Gran Canaria has now paid out the client over 41,000€. This money has now been paid to the client via bank transfer. They are now timeshare free as the contract was declared null and void.

Friday was a very bad day for the major timeshare resort in Gran Canaria, in just one day seven sentences were passed by the courts against Anfi. As we know many of the Anfi contracts are illegal as they either contain floating weeks or points systems or the contracts are perpetuity which as the law states should have a duration of not more than 50 years. As in most of these sales, deposits were also taken within the statutory cooling-off period which is also forbidden by law.

The total amount awarded by the courts in these seven cases amount to a massive 213,187.29€, this is certainly a huge hit to the Anfi coffers in one day, the client’s contracts were also declared null and void leaving them timeshare free.

These cases were brought on behalf of these clients by Canarian Legal Alliance, this is further proof that this is one law firm that does actually deliver what they say. So it is congratulations to the clients and also to the whole legal team at CLA.

Lawyers of CLA

The criteria for a valid and viable claim against your timeshare resort is as follows:

The purchase or upgrade must have been made in Spain or any of her territories after 5 January 1999;

The contract duration is more than 50 years or has no end date, what is commonly known as a perpetuity;

It contains points or floating week systems, this may also include fractional and investment packs such as those sold by Silverpoint. This also includes the Company Participation Scheme which replaced the old investment weeks;

Any payment is taken within the 14 days cooling-off period even by a third party. This may also be extended to 90 days where other serious infringements of law have taken place.

There are other laws which may also be used in these cases which include Consumer Law and also Mercantile Law, these tend to be included once the lawyers begin to prepare a case for court.

Moving on to the article published on Friday with regards to the application by Silverpoint to the Mercantile Court to begin proceedings to liquidate the company, Inside Timeshare has received several enquiries on this subject.

The main concern so far has been the same, why have Silverpoint not informed members of this fact?

That is one question that we are unable to answer, we suspect their motive is to just keep it quiet giving as little information to members as possible. We also know that this “liquidation” is an attempt to avoid any further litigation in the courts against them which they are losing on an almost daily basis. It must also be mentioned that the State Prosecutors Office is also conducting an investigation into the reasons behind the liquidation.

Have you had enough of your timeshare and the ever-increasing maintenance fees?

Are you fed up with not being able to get the reservations due to no availability?

Have you found that non-members are able to book into your resorts without the huge “investment” you made and in many cases for less than your annual fees?

If you can answer yes to these questions and your contract falls into the criteria above, then please use our contact page and ask for further details. We will get back to each person with a personal reply as to your own circumstances.