Welcome to the start of another week with Inside Timeshare, we start this week with news from the courts with Marriott and Anfi losing in all cases and a payment to a client from Anfi. Last week we highlighted a new “cold caller” and website which we believe to be another “lead generator” for unnamed “claims and exit” companies. Inside Timeshare received an email from a lady who answered an advert for “telemarketing” staff and gave Inside Timeshare some more valuable information.
As we explained in one of the articles, many of the staff are just ordinary people answering an advert for staff, with the situation regarding employment any offer of a job is welcome. Unfortunately, it is these people who are also being taken in by the less scrupulous of these operators, being told what to say and how to get you the timeshare owner to pay up and sign with their company.
Luckily, this particular reader realised within a few weeks that something was not right with this company and found them to be “dodgy”, terminating their employment immediately. The information supplied regarding Independent Timeshare Assistance is rather interesting.
It would appear that a person by the name of Chris Wilson, a name that does ring a few bells, is the one behind it and is actively recruiting new staff with more adverts, these also seem to be based in Portugal.
According to our information, these “clients” are being sought on behalf of a “law firm” based in Scotland. Well we do have our suspicions on who these are and they are not law firms, but more companies set up by ex-sales staff and sales managers from Diamond and others.
Again this does show how careful you need to be, not just as a timeshare owner but also an employee answering adverts for “call centre” staff, you may believe that it is a legitimate job, but you could also be fooled into working for a scam operation.
In a case that has set new records for the speed for the case to go through the courts, Marriott has lost another case at the Court of First Instance Number 4 of Palma de Mallorca. This case has taken a remarkable 6 months to be processed through the courts, a bit of a miracle to those who know the Spanish legal system.
The German clients of Canarian Legal Alliance had their contract with Marriott Vacation Club declared null and void, with the court ordering the repayment of 21,150€ plus legal interest and legal costs.
This also included the repayment of double the amount taken illegally as a deposit within the statutory cooling-off period, in accordance with the law and the rulings of the Supreme Court.
In another case against Anfi at the Court of First Instance Number 2 of San Bartelóme de Tirajana, a Norwegian client of CLA has had their contract with Anfi terminated and declared null and void. They have also been awarded 102,576€ plus legal interest and legal costs.
Again the courts recognised the illegality of the taking of payments within the statutory cooling-off period and awarded double the amount as established by previous rulings and the law.
The case was prepared and conducted on behalf of the client by CLA Lawyer Eva Gutierrez with the client being assisted by Claims Consultant Caroline Castro.
We end today with the good news received by one English client of CLA and their battle against Anfi coming to a successful conclusion. They have now received directly into their own bank account the full award of 17,551€ Anfi were ordered to repay by the courts.
The original case was heard at the Court of First Instance Number 5 of SBT, where the contract was declared null and void and the repayment to the client was ordered, as was expected, Anfi once again filed an appeal with the High Court.
The lawyers are now well aware of these tactics and as soon as the sentence is issued by the Court of First Instance they begin a “provisional execution of sentence”, this then secures the funds on behalf of the client until the sentence is confirmed by the High Court.
We all know that Anfi “plays” the game of appeal in order to delay payment, they are also known to “hide the funds”, in order to claim they have no money to payout. This is subject to an official investigation by the Provincial State Prosecutors Office, this may very well lead to criminal prosecutions.
Thanks to the diligent work and investigations of the legal team at CLA, this client received their payment from monies embargoed by CLA from a tax refund Anfi was supposed to receive. In the end, Anfi will pay, it is just a case of plugging away and “chasing the money-go-round”.
This case was prepared and conducted on behalf of the English Client by Eva Gutierrez with Claims Consultant Jake Kaiser assisting the client during the process.
That is all for today, if you have any questions or comments, or you would like information on a possible legal case or just how to exit, please use our contact page and Inside Timeshare will get back to you.