Welcome to the start of another week with Inside Timeshare. First, for those who have been following the Euro finals, yesterday was a little disappointing for our English readers, but it has to be said, the lads and the manager made us proud. It is just a shame that the abusers have already taken to social media and attacked some young and talented players who gave their all. Now back to what we are here for, timeshare latest.
Since Inside Timeshare has been offline, the woes for Anfi have not gone away, in fact, they have just been getting worse, but it is of their own doing!
At every turn, Anfi still thinks the law is wrong and appeals every decision made by the courts against them, from the moment a case is filed with the court they will delay responses and disagree with all decisions made by the courts.
Yet as we have seen, not one case which is filed with the courts has a contract that is not in breach of the timeshare laws first enacted in January 1999. These contracts range from “perpetuity” which is never-ending, to points and fixed week systems, not to forget the illegal taking of payments within the statutory cooling off period!
These are just the basics, once the contracts are explored with the expert eye of the lawyers, they begin to find other infractions which come under other laws designed to protect the consumer.
But the courts are now well aware of the tactics Anfi is using, unfortunately, they have to allow these appeals, it is the legal right of Anfi to do so, even though the judges can see the reasons behind the appeals, their hands are tied and the legal process must go on.
What we have seen recently though, is a growing tendency of the appeal courts to process these appeals in a much quicker time, with every appeal being dismissed and the original judgments confirmed.
Then there is the matter of Anfi complying with the sentences issued against them, the delays in paying into the courts the funds to be returned to the consumer using some very dubious methods.
These dubious methods are now under investigation by the Provincial Prosecutors Office of Gran Canaria. This investigation has been running for quite some time now and is looking at possible criminal charges involving the suspicious movement of funds.
One of the reasons which triggered this investigation is the fact that by moving these funds it appears that Anfi could be seen as attempting to ignore a court order. This point is noted as being a criminal act in Spain.
This is only the tip of the proverbial iceberg, we have an investigation into the dealings of Anfi with the various agencies including the Mayor of Mogan, over the debacle which is known as the Anfi Tauro Beach Project. There are also other investigations into members of the Cazorla Group board who are also involved with Anfi, it is certainly a very big can of worms.
The worst part of all this is the fact the Anfi resort is loved by many, so what is turning members to the courts?
The answer is very simple, it is now they are finding that what they were sold in the first place is not what they were promised. It is the attitude towards the members when they have a problem, it is the lies and falsehoods passed out by management on various subjects, the most recent being the replacement of contracts.
The signing of these new contracts is being portrayed as a legal obligation by the members, what Anfi is not telling you is their main reason for the change. They know full well their existing contracts are illegal, and by “enticing” members to change they are saving their own skin, after all, once the new contract is signed, the member loses all legal rights to sue Anfi.
Rather than come clean with their members and admit they are losing in the courts accepting the original judgements, (or even settle out of court), the management seems to rather pay their lawyers and accumulate more charges with the appeals. We just wonder where they are getting the money to pay for all this, could it be your maintenance fees?
It is not just Anfi who are losing in the courts, but it is Anfi who keeps coming up with appeal after appeal, no doubt we will be bringing you more results from the High Court of Las Palmas in the very near future.