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.


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