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Start the Week: Latest News From the Supreme Court

Welcome to the start of another week with Inside Timeshare, today we bring you news which came in late on Friday from the courts. The first is a sentence from the High Court of Las Palmas de Gran Canaria against Anfi, one from the Court of First Instance in Arona, Tenerife involving our old friends at Silverpoint and a very important decision from the Supreme Court in Madrid.

This case was heard in the High Court and was an appeal by Anfi against the sentence issued in the Court of First Instance. This has become a very regular occurrence by Anfi who still believe that the law has been interpreted wrongly by the courts and especially the Supreme Court.

In this sentence from the High Court, Anfi Sales SL and Anfi Resorts SL have been ordered to reimburse the Norwegian client over 41,000€ with the contract being declared null and void. As usual, the infringements in the contract were the use of floating weeks, the length of the contract and the taking of payments within the Statutory cooling-off period.

In the Court of First Instance of Arona, Tenerife, Silverpoint was ordered to repay one UK client over 68,000€ with the contract being declared null and void. Immediately after the sentence was issued the enforcement team at Canarian Legal Alliance launched a separate case to embargo the accounts of Silverpoint.

The team managed to secure the funds and this has now been released to CLA’s escrow account and has already been transferred to the client’s own account. So another happy ex-timeshare owner.

We now move to a very important decision by Spain’s Supreme Court in Madrid, as we already know this court has ruled 130 times against timeshare companies and has enforced the Timeshare Law 42/98 which all courts must now follow.

This follows yet another appeal by Anfi Resorts who lost in both the Court of First Instance and the High Court, expressing their discontent at the decisions made by the lower courts and also the precedents set by Spain’s highest court. As we stated above, Anfi still believes that the law is wrong and that the courts especially the Supreme Court have misinterpreted the law.

This time the Supreme Court did not hear the case, it was rejected and sent back to the High Court for the execution of sentence, the court also rejected reviewing the sentence and have made it quite clear that they will reject any further appeals. The court believes that they have made enough rulings on this subject and that the law is very clear. It is also very apparent that the Supreme Court is likely to reject many more appeals from the timeshare industry.

In this case, the client is now set to receive over 124,000€ along with legal interest and legal costs and has also had their contract declared null and void, another very happy ex-timeshare owner.

Once again these cases were brought on behalf of the clients by the lawyers of Canarian Legal Alliance, so congratulations are in order to the whole legal team at CLA.

If you have any questions about this or any other article published or you would like to know if you have a contract which may be illegal, please use our contact page and Inside Timeshare will get back to you.

End the Week

Yes, it is Friday and the end to yet another busy week in the world of timeshare, it has also been a costly one for some of the timeshare companies. Also going by the many emails Inside Timeshare has been receiving it may also have been a costly one for some owners/members who have been on the receiving end of the many “scams” and “fake” law firms out to get your money.

On Monday we highlighted yet another new “claims” company using the name Refund Solutions, which as we reported is actually the trading name of a genuine claims company called Rightpath Insurance Claims Ltd. Inside Timeshare contacted this company and was told categorically that they had no dealings or interest in Timeshare. They are a specialised claims company dealing with travel insurance claims such as cancelled flights.

Once again we see the “scammers” using the name of a genuine reputable company to give them credibility when consumers try to check on them. This does reinforce the fact that your “homework” needs to be very thorough indeed.

We also once again highlighted Solutions SL from Tenerife and their attempt to deprive timeshare owners/members of their cash. In this article, according to Solutions, they have just won a momentous case against Incentive Leisure, Personal Travel Group, DWVC and their directors. Well, this is really fantastic considering the companies went after the death of Gary Leigh, so the question is who was in court?

In the “fake” court document (above) there are the names of around 67 people, several of them readers of Inside Timeshare who had no dealings with the above companies. Yet all those named have been “awarded” 32.000€, but to get this they have to pay 3000€ each, that is a staggering 201,000€!

Have you ever thought you are in the wrong job!

We now move to genuine news from the courts, the first is yet another case against Anfi Sales SL and Anfi Resorts SL. in a similar case to the one we highlighted last week, the High Court in Las Palmas overruled another Court of First Instance judgement, this again involved contracts sold after the timeshare laws came into effect on 5 January 1999.

The case was brought before the Court of First Instance where Anfi declared that the contract was legal as it fell within the “two year” period of grace. The judge agreed and the case was found in favour of Anfi.

The lawyers of Canarian Legal Alliance did not agree and subsequently lodged an appeal with the High Court. The Judge once again ruled that the contracts were illegal and that the 2 year period of grace was not intended for the continued selling of contracts which contravened the new laws.

The High Court Number 2 also ruled yet again that any payments made within the statutory cooling-off period must be paid back double, this amounts penalizing Anfi for the breach of the law.

In this case, the client UK client will now receive over 26,000€, with the court also ruling that the client receives back the costs of the First Instance Court and for the appeal be returned to the client including legal interest.

During the week we also received the news of yet another cash payout of over 45,000€ by Anfi. This is a result of yet another “enforcement action” by the Provisional Enforcement and Execution Team at CLA, headed by Judith Diaz Pascual and Cristina Batista

This morning the news came in of a case heard in the Court of First Instance of Palma de Mallorca, this case involves Restotels SA which is part of the Ona Group.

Once again the court has declared the contract null and void and awarded the UK client 31,449.60€. The court also penalized Restotel SA for the taking of illegal deposits within the statutory cooling-off period to the value of 40,320€.

The case was brought on behalf of the client by the Canarian Legal Alliance lawyers Miguel Ángel Melián Santana and Óscar Salvador Santana González.

So it is a big congratulations to the happy clients who are now ex-timeshare owners and to the lawyers and legal team at CLA.

As a side note, Restotel SA is a part of Ona Group who have recently purchased Excel Hotels and Resorts SA. This company was part of the Bob Trotta timeshare empire and was closely linked to Silverpoint who as we know have many claims in court against them. We have also reported that there is an investigation in progress regarding the many irregularities in the internal trading between Silverpoint and other companies in the Trotta group.

That is all for this week it now just leaves us to remind all our readers to ensure that you do your homework when contacted by any company giving you great news regarding your timeshare.

Have a great weekend and join us again next week for more insights into the scams and murky world of timeshare.

Start the Week

Welcome to the start of another week with Inside Timeshare, at the last minute of Friday afternoon Inside Timeshare received the following information regarding yet another case against Anfi.

The High Court of Las Palmas, Gran Canaria endorsed the decision made by the Court of First Instance regarding another case against Anfi Sales SL and Anfi Resorts SL, but their judgement increased the amount awarded to the client in the first trial.

The main points of the case were the usual ones of the contract being more than the 50 years allowed by law which we know as perpetuity, the contract also contained floating weeks which lack any substance or entitlement. The third infringement was the illegal taking of payments within the statutory cooling-off period.

The High Court ordered that Anfi pay the client a further 10,310.20€ as a penalty for this illegal taking of payments, so along with the purchase price of 18,701.48€ the UK client will now receive a total of 29,011.68€.

The case was brought on behalf of the client by Canarian Legal Alliance and the lawyer representing them was Judith Diaz Pascual.

CLA Lawyer Judith Diaz Pascual

So there is another happy and timeshare free client and yet another victory for the leading law firm in the field of timeshare litigation.

If you have been contacted by any company with similar information or if you would like to know your legal options on any timeshare product you have purchased, please use our contact page and Inside Timeshare will get back to you.