The Story of Legal History in Timeshare

How did the Supreme Court Ruling come into place?

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The story of  Mrs Tove Grimsbo the Norwegian lady who´s case made legal history is a long and drawn out one.

 

It all began in 2001 when she and her late husband attended a presentation with ANFI Sales SL, they were persuaded to purchase and signed a contract for a timeshare at ANFI. They paid a deposit of 700€ by credit card on the day. Their contract was also in perpetuity which means it was never ending and would be extremely difficult for them to extricate themselves from it.

 

After her husband died Mrs Grimsbo was lumbered with the ever increasing maintenance fees, with no foreseeable way out of the contract. She went to the Lawyer Miguel Rodriguez Cabello, a native of Arguineguin who practices there. Sr Cabello along with other members of Canarian Legal Alliance researched the law and found that Mrs Grimsbo did have a case.

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Miguel Rodriguez Cabello

The lawyers duly began litigation and won the case at the Court of First Instance in Maspalomas. Anfi took this to appeal, they lost the case at the High Court in Las Palmas. Once again Anfi contested the decision, taking it to the Supreme Court in Madrid. After much legal argument the Supreme Court unanimously found for Mrs Grimsbo.

 

The news of the ruling broke on 1st April 2015. Legal history had been made.

BREAKING NEWS…SUPREME COURT VICTORY….BREAKING NEWS

Keep Reading

The Great ANFI Battle of the Partners.

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What is actually happening at the ANFI Group

 

Apart from newspaper articles in the Spanish Press very little is being said, it appears the members are being kept in the dark. Well I suppose this is nothing unusual in the timeshare industry.

 

ANFI is owned by two factions on an equal 50/50 basis, on one side are the Spanish owners:

 

Santiago Santana Cazorla who is also the president, his Brother Manuel and Anfi Group CEO Arturo Ramirez.

Santiago Santana Cazorla Santiago Santana Cazorla

Then there is the Norwegian part of the company represented by the heir to the late Björn Lyng, his eldest son Ragnar Lyng.

 

It appears to have originally started around 2010 When the Norwegian family demanded Sr Cazorla´s resignation. All seemed to be well and no real arguments ensued. Then sometime between 2012 and 2013 it appears that around 8 million euros “disappeared”.

 

Apparently the Lyng´s noticed the diversion of these funds while a lawsuit was pending between Santana Cazorla and Lopesan at The Court of the First Instance No1 of Las Palmas.

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Help! Where do I look?

Over the years I have seen many ways that you the timeshare or holiday club owner has been fleeced of your hard earned cash.

 

Firstly the bogus resale companies taking upfront fees as guarantees, with the promise you would get it refunded when your timeshare has been sold or if they are unable to sell it within a year. Then promptly disappear and reform as a new entity.

 

Then we had the we´ll get rid of your timeshare but to do this you have to join our non existent or never works holiday club. ILG had this well and truly sown up with the wonderful cashback scheme. You received a cashback certificate for the value of your timeshare which was more than you paid to join this new club. No one ever got the promised amount and many never got a thing.

 

After the closure of ILG a firm on the Costa del Sol, Ramirez and Ramirez began fleecing DWVC members, with the promise of legal action to recuperate the money lost. Other firms wanted payments upfront for doing relatively easy claims against credit card companies. Many of these claims failed or were never even instituted.

 

Then after Ramirez was closed down he opened as another company to claim back what clients had paid the firm Ramirez & Ramirez. Obviously using his old data.

 

Now we have the bogus claims companies. These make out that the courts have already seized assets from holiday clubs such as ILG or Club Class and resale companies. The modus operandi here is that you have already been awarded a substantial amount by the courts and this company has been charged with tracing you in order to pay you the money.

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This sounds very nice. But then there is a small matter of tax needing to be paid. One company downloaded genuine copies of tax forms from the internet for you to fill in. Then once you have done this, a bank transfer needs to be paid to a non existent notary or some other person. Another company wanted Western Union Transfers made out to a private individual. Low and behold you never hear from them again.

 

Another part to this idea was the NIE Number. Some FIRMS stated you need one of these to get the money back and they would do the work for you. Obviously for a fee, usually several hundred pounds. Now the NIE is the foreign residents identification number, which you only need if you become resident in spain or are buying real estate.

 

There are also now the class action companies, many are taking substantial fees to pay for these actions which in most cases are never instituted.

 

There are genuine companies out there but finding them is very difficult. There are also law firms who specialise in timeshare law, and are very successful, these are not part of the timeshare industry and tend to be shunned or slated by the timeshare companies, resort owners and the so called trade bodies such as the RDO and TATOC. Obviously they don’t want to lose your maintenance fees or payout compensation.

 

Any genuine law firm will be able to show you case papers of cases they have fought and won. The lawyers will also show their bar registration numbers, all lawyers must be members of the association for the area in which they practice. These can be easily checked and credited.

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You can also find information via the internet on how to get money back when payments have been made using a credit card. So there is no need to pay someone to do it.

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If you need any help and advice on how to find these things out contact inside timeshare for free and impartial advice. The information is out there, you just need to know where to find it.