Great News from the Courts to End the Week

We started this week with the article, Timeshare How it Has Changed and What is the Future? It seems it has caused some debate among our cousins across The Great Lake, one comment that did stand out on one platform was very surprising, in the past they extolled the virtue of points, now it is an about-face. Let’s hope the industry takes a close look at their product and sales techniques before it is too late. On Wednesday, we published Silverpoint: News from The Mercantile Court. It was our attempt to explain the situation without using too much “legal jargon”, from responses so far it seems to have succeeded. Well, it is a very complex subject, certainly worthy of a Hollywood Blockbuster. Yesterday, Timeshare: The Road to Being Scammed was a look at how the purchase of a timeshare began a series of scams against consumers. It was based on the many emails we have received over the years. We end this week with news of two more cases from the Spanish courts.

The first case, and no prizes for guessing who it is and what court, to be honest, these have become so boring, yes it is Anfi again!

The Court of First Instance in SBT originally declared the clients contract null & void, plus the return of the full purchase price of 8,435€ also adding a further 11,098 for illegally taking payment as a deposit within the statutory cooling-off period. Legal Interest and Legal Costs were also awarded.

Now, this is where we start getting bored. Anfi in their hair-brained scheme of things did what they always do, waste more of the courts time, plus all the costs involved, (we still wonder if the member’s annual fees are paying for all this), APPEALED!

The High Court Number 3 of Las Palmas, was once again tasked with dealing with this frivolous appeal from Anfi, they must be getting as bored as we are!

I think the answer to that question is in the court’s ruling, once again, the Judges dismissed the appeal and confirmed the original sentence.

In fact, the Judges agreed 100% with the sentence of the Court of First Instance, as they always do, and another result for the lawyers of Canarian Legal Alliance. They will now begin to proceed with the recovery of these funds through the Mercantile Court due to recent events.

The English client was represented by CLA Lawyer Eva Gutierrez and Cristina Batista, Claims Consultant Jake Kaiser liaised with the lawyers on behalf of the client.

We now travel around 1,400 km to the Court of First Instance Number 3 of Marbella, where the Judge presided over a case against Marriott, with MCVI Management and MCVI Holidays in the dock.

Following the letter of the law set down by the Supreme Court, commonly known as jurisprudence, lovely word that, sounds better in Spanish; jurisprudencia, and declared the contract null & void. Marriott was also ordered to repay over 26,300€ plus legal Interest.

The main point of the case was the contract exceeded the 50 years maximum allowed by Spanish Timeshare Law 42/98 & 4/12, being an unlimited duration contract with no end date.

We now wait to see if Marriott continues to be quick off the mark and pay the due sums into the court as they have been doing recently. Can’t help saying this, but, Anfi, take a leaf out of their book!

The German client was represented by Canarian Legal Alliance Lawyers Christine Ihmann and Eva Gutierrez, with German Claims Consultant Evi Richter working with the client through the process.

That’s all for this week, we hope you have found the articles informative and also enjoyable, at the moment there is nothing specific planned for next week, a few things in the pipeline but sometimes something catches my eye over the weekend.

Join us again next week and remember, if you have any comments or questions relating to the published article or you would like more information on the legality of your contracts, please use our contact page and Inside Timeshare will get back to you.

Have a great weekend.

Translations

Danish

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Dutch

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Finnish

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German

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Norwegian

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Swedish

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