Welcome to the Tuesday Slot with Inside Timeshare, today we have a look at the latest news on Anfi from the courts, I’m afraid it is the usual old stuff where Anfi are hammered again. First, we recap on the news around the liquidations of Anfi Sales SL and Anfi Resorts SL, this includes an update from CLA to their clients. Inside Timeshare along with all the law firms and lawyers working on Anfi cases, are aware that many clients are being contacted with some very disturbing false information. If you have received any call, email or text making wild claims, please inform your lawyers and contact Inside Timeshare with the details.
The placing into “necessary bankruptcy” of the two Anfi entities by the Mercantile Court of Las Palmas recently did not really take everyone by surprise, it was known to be on the cards, it was the speed with which it all happened. In one of the fastest decisions we have seen from any of the courts, the judge issued his findings and rulings.
What has come as a surprise by many is the story behind it, a company which the Mercantile Court has noted is not in “bad condition”, in other words, it is recoverable. It is all the underlying reason behind what has gone on at Anfi which has shocked many, mainly the thousands of Anfi members.
Below are a few links to the recent story, it gives a good background to what is going on, which brings us to our press release from Canarian Legal Alliance. This has been published on their website and all their clients have been notified.
Canarian Legal Alliance would like to update its clients with claims against Anfi, after the declaration of the forced administration procedure.
(Earlier notification here: https://canarianlegalalliance.com/update-on-anfi/)
Our law firm has now communicated all credit requests to the court-appointed administrator, supporting them with documentary proof. The court-appointed administrator has to revise and study them one by one, then file his findings (approval or not) to the mercantile court. Depending on the quantity of the creditors this can take a couple of months. During this time the cases in the civil courts will continue as normal.
In the meantime, he is also studying Anfi in order to establish the assets it has and to develop a viability plan for its continuity hand in hand with the payout of its debts. Naturally, our law firm is at his disposal for any clarification or help he might seek.
We would also like to inform our clients that the current administration of Anfi has launched an appeal against the decision of the first instance court putting the company into administration, as it was foreseen and announced by us earlier. Now the magistrates from a high court have to evaluate the case and pass their resolution on it.
We will keep you updated.
Canarian Legal Alliance
If you have a case against Anfi, please contact your own lawyers for any updates if you have not yet been informed, only they can answer your questions.
Now for some of the latest court news where Anfi has been well and truly “Hammered”.
In a very unusual twist, we actually have a ruling from the Court of First Instance Number 4 of SBT, it is unusual as all the other cases we hear about are from the High Court.
This is the court where all the cases begin, from the filing, the pre-trial and then the full hearing. They have consistently found in favour of the clients in accordance with the Spanish Timeshare Laws and the confirmation of those laws by the Supreme Court.
In this case, the Anfi contract was declared illegal and therefore null & void as it breached the law on several major points. Along with the contract being dismissed the court also ordered Anfi to repay the full purchase price of 22,168€ plus legal interest and legal costs.
The judge also ordered the repayment of 11.084€ in respect of illegally taken payments within the statutory cooling-off period, making a grand total of 33,252€.
The German Client has been informed of the situation regarding the Mercantile Court and they will be presented before the administrator in due course.
We now move to the High Court of Las Palmas, as you are all aware, this is where Anfi takes all their cases for appeal, why we don’t actually know apart from it is their “legal right”!
Last week, High Court Number 3 issued three rulings on Anfi appeals, once again the judges sitting on the appeal were unanimous in their findings, the Anfi appeal was rejected and dismissed.
In all three cases the court ratified the sentence of the Court of First Instance, ruling the contracts null and void and the repayment to all three clients the following:
All have been awarded legal interest and legal costs.
High Court Number 5 also deliberated over an appeal by Anfi, in their judgement, they concurred with all previous rulings from the various High Courts and unanimously found in favour of the client.
They endorsed the sentence of the Court of First Instance, declaring the contract null & void and confirming the repayment of 35,423€ plus legal interest and legal costs.
As with all cases against Anfi Sales SL and Anfi Resorts SL, these clients will now be presented to the administrator for inclusion as creditors.
As we end today’s article, we must remind you that there are legal procedures your lawyers have to abide by, the courts, this may come as a surprise; are very ordered in how they function. No lawyer or law firm can fast track your claim. If you are told otherwise then contact your own lawyers.
Do you have a contract purchased in Spain, have you been told you have a “claim”, would you like to know if you do have a contract that does breach Spanish Timeshare Law and what your legal rights are?
Please use our contact page and Inside Timeshare will get back to you.
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