So far this week we have published the story on Marriott and the availability of weeks via various booking sites, these tend to be cheaper than the amounts paid by members in annual maintenance fees. This article was prompted by the many complaints received by Inside Timeshare from owners/members not being able to get the bookings they want due to “no availability”. We then published a warning on a new claims company C and J Legal Associates Ltd. As we reported this company has some rather dubious links. Even though the courts are now getting back to normal, so far we have received only two new results, as usual one is against Anfi, the other is against La Pinta Beach Club.
On Monday the Court of First Instance No 5 of San Bartelomé de Tirajana, declared another Anfi contract null and void with an award of over 18,000€
This is a very interesting case as it took less than a year, which also included the shutdown of the courts due to the pandemic. The pretrial hearing had to be delayed because of this, but when the preliminary hearing took place at the end of July, the judge on the evidence presented made the decision that a full trial was not necessary.
The evidence presented was sufficient for the judge to make a ruling in accordance with the Spanish Timeshare Law 42/98, that the contract which was in perpetuity was in breach of the maximum duration of 50 years allowed by law.
Once again the judge ruled in accordance with the numerous Supreme Court rulings on this subject, finding in favour of the consumer.
The following day at the Court of First Instance No1 of Arona, Tenerife, it was the turn of International Holiday Way Marketing to face the consequences of selling timeshare at La Pinta Beach Club in breach of the law. The contract contained the floating week’s system which guarantees the member absolutely nothing apart from a promise of accommodation subject to availability.
The contract was duly declared null and void with the client being awarded over 11,000€, so another happy ex-timeshare owner.
It now remains to be seen if Anfi does what they usually do and lodges an appeal to the high court to create more delays and stress for the client. We doubt if International Holiday Way Marketing will appeal, but we will have to wait and see.
Both these cases were presented on behalf of the clients by Canarian Legal Alliance.
On this note, Inside Timeshare has been made aware by several readers that many of the new “cold calling” “claims” companies are using tactics which can only be described as “dodgy”. In many of the calls, Canarian Legal Alliance is being accused of not taking clients cases to court, that it is all a sham and that no one has ever been paid. They also claim that CLA is dragging everything out and that the “cold callers” can get the case resolved within months.
Well, all Inside Timeshare can say is the cases we publish are genuine, the documents have been verified with their respective courts. CLA is doing the job they claim and with 130 successful cases at the Supreme Court (the only law firm to do so) proves the fact that they actually do the job.
We also know that cases can take a long time to be resolved, the wheels of justice do not turn very fast. It is also a fact that many timeshare companies resort to delaying tactics to draw out these cases with constant and frivolous appeals and motions to have cases dismissed on futile grounds.
The courts are fully aware of this and as we have seen with Anfi, extra penalties have been awarded against them in favour of the client.
Please remember that many of these new “companies” have only just emerged with websites and companies only registered a matter of ago, so ask yourselves one question, how can a company that has only been operating for a few months have all this success?
The answer is simple, they have not had any success, they have never relinquished a timeshare, nor have they ever had any cases in court. It is also very doubtful if they ever will, especially once they have your money!
If you have been contacted by any company and you would like to know if they are genuine, or if you would like to know your legal position and whether you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.
REMEMBER, DO YOUR HOMEWORK FIRST!