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ANFI Sales SL

Anfi: Are They Using the Law to Delay Payments?

Following on from the recent articles about Diamond and Marriott depositing money with the courts after they ordered them to repay clients for illegal contracts, Inside Timeshare has received many inquiries regarding Anfi. today we have a quick look at the reasons why Anfi payouts to clients take so long.

For those of you familiar with our articles, Anfi is losing all cases in the Courts of First Instance, with the contracts being declared null and void and the return of the full purchase price plus double any amount taken within the statutory cooling-off period. Most would think that was the end of it and they will now get their money.

Court of First Instance Maspalomas SBT

Unfortunately, this is not the case, we have consistently reported on the constant appeals to the High Court and the Supreme Court filed by Anfi. Just in the past few months alone and on a daily basis, the High Court of Las Palmas has dismissed and rejected their appeals, confirming the sentence of the Court of First Instance. All of these dismissals are in line with the law as per the rulings (130 in total) of the Supreme Court.

Even when the law firms bringing these cases before the court’s, file “Enforcement of Sentence” proceedings, this is at the point of the first judgement being issued, and Anfi then complies by depositing the money with the court, it does not mean the client will receive payment immediately. The reason is Anfi may have lodged an appeal and therefore the courts are powerless to release the money until the appeals process is concluded.

Now, I do hear you ask, why does Anfi appeal every case?

The answer is very simple, it is a legal way of delaying what we know is the inevitable outcome, appeal dismissed and sentence confirmed.

The courts are actually powerless to do anything about it, they have to allow the appeals process to run its course. After all, it is the right of any defendant including Anfi to appeal, no matter how frivolous it may be.

The effect of these appeals not only causes a huge amount of distress to the clients, but they also clog up the whole court system, causing not only delays in these cases but other cases due to be heard by the courts.

High Court of Las Palmas GC

The results of these appeals to the High Court and the subsequent confirmation of the original sentence are published on an almost daily basis, so much so that Inside Timeshare would be publishing nothing but Anfi appeals cases if we were to follow them all.

Anfi has also tried to lodge more appeals to the Supreme Court, in March and May of this year, the Supreme Court roundly rejected appeals by Anfi. The case rejected in March was Anfi following a Diamond Resorts appeal for “clarity” of the law as they believed that there was an element of “contradiction” in some of the rulings issued by the High Courts of Las Palmas.

As with the Diamond appeal, this was rejected by the Supreme Court which declined the appeal, stating that “The interest for the appeal to the supreme court, based on contradictory rulings from the high courts is non-existent because there is already existing jurisprudence and the appealed sentence is not contradictory to the Supreme Court’s doctrine”

The Supreme Court Madrid

In other words, the law on this subject is totally clear and unambiguous, the claims of the “contradictions” simply do not exist and they will not even consider studying the case. The court in their previous rulings has made the law very clear indeed and the judgments made by the initial court (First Instance) and then the High Court are solid and stand.

We also know that these appeals are backed by The RDO (Resorts Development Organisation), which is the European timeshare industries trade body, they have consistently backed timeshare resorts with the view that the law is wrong, the judges, including those of the Supreme Court, have wrongly interpreted the law. Inside Timeshare actually finds this very amusing, panels of 12 judges sitting on each case at the Supreme Court are wrong, (in 130 rulings)!

We also believe that the appeals are also a delaying tactic for Anfi to move funds around various accounts, thereby rendering the accounts of the various companies cited in the legal action empty. This then scuppers any embargo on the accounts, there is nothing or very little in them to seize.

We have reported this on several occasions, with the investigation by the Provincial Prosecutors Office of Gran Canaria, an investigation which may ultimately lead to “criminal charges”.

This investigation not only focuses on “Punishable Insolvency”, which to briefly explain means that due to the movement of funds from the accounts of the “convicted” companies (Anfi Sales SL & Anfi Resorts SL) to other Anfi accounts, leave them technically insolvent. Thereby they are unable to pay the amounts so ordered by the courts, an insolvent company cannot pay its debts!

One of the other possible charges (criminal),  is “Frustration in the execution of sentences”, due to the Anfi tactic of “avoiding” payments which they are obliged to do so by order of the courts.

In short, considering the court’s stance on these cases it does appear to be a total waste of time and money on the part of Anfi.

As for the money, it has been muted that Anfi is claiming poverty and are unable to pay, now to Inside Timeshare this is a rather lame excuse, the costs involved in bringing these appeals is huge. It costs them to lodge an appeal with the High Court, and from the information we have, the cost of taking an appeal to the Supreme Court is around 14,000€ just to start.

We then have the costs of their own legal team, knowing Anfi, it will be a large team of rather expensive lawyers, for those who have brought cases against Anfi, they know only too well that legal fees are not cheap.

Then there is the case of the courts increasing the award to take into account these frivolous appeals, the legal interest and in most cases the legal costs of the client. So rather than paying out a small claim of say 20,000€, Anfi are willing to spend thousands more to delay payment or try and win the case!

This now leaves one important question for all those members of Anfi, whose money are they using?

Are your maintenance fees going to be increased to cover these losses?

Will the expensive rents on the locals (bars, restaurants and shops), all owned by Anfi going to increase as well, which will only increase prices for the consumer?

Inside Timeshare leaves you the reader to decide what you think, we are very clear in our own minds.

Did you purchase a timeshare in Spain after January 1999, and would like to know if you do have an illegal contract under Spanish Timeshare Law?

If so please use our contact page and Inside Timeshare will get back to you with the best information possible.

Links on this subject

https://insidetimeshare.com/the-battle-for-anfi-payments/

https://insidetimeshare.com/timeshare-industry-denies-the-truth/

Translations of this article

Danish

https://translate.google.com/translate?sl=en&tl=da&u=https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

Dutch

https://translate.google.com/translate?sl=en&tl=nl&u=https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

Finnish

https://translate.google.com/translate?sl=en&tl=fi&u=https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

German

https://translate.google.com/translate?sl=en&tl=de&u=https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

Norwegian

https://translate.google.com/translate?sl=en&tl=no&u=https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

Swedish

https://translate.google.com/translate?sl=en&tl=sv&u=https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

Timeshare Industry Denies the Truth

Today we follow up on our Tuesday Slot article European Resort Owners Coalition & Misinformation, with the timeshare industries denial of what their own members are doing, but concentrating on misleading “owners” in an attempt to stem the tide of increased litigation. Many comments received ask the same question, if Anfi is a member of the RDO, why are they not doing something about them? Inside Timeshare has asked this question many times as the evidence which we have seen published not just here but in all the major Spanish newspapers as well as on Spanish television news, points to some very disturbing tactics which go against the Code of Conduct of that organization.

To recap, the RDO Code of Conduct, Part I, Chapter 3, Paragraph 3.5 actually states:

“To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

Yet it appears that Anfi is in flagrant breach of this particular section, as since the timeshare law came into force in January 1999, Anfi continued to sell contracts which breached those laws. It is only recently that they have attempted to issue new contracts which on the surface comply with the law.

But as we have seen, it is the underhand tactics which considering the current situation on travel and the inability to use their weeks, “members” are being “blackmailed” into signing the contracts.

Inside Timeshare has reported on this in previous articles, in short, any member who wishes to save their unused week and receive a “voucher” for use in the future, must sign the new contract first. You don’t sign, you lose the week even though you have paid the maintenance. You also lose your legal rights if you wish to take any legal action against the original contract.

Again, we hear nothing from the trade body, the RDO or the “representatives” for “owners”, EUROC on this matter!

This though is just a minor transgression compared to the tactics they have employed in order to avoid paying clients what the courts have ordered.

It has been published many times on these pages that Anfi continues to lodge appeals with the High Court in order to delay proceedings, they have also used the “excuse” that they do not have the money to pay out!

Yet they seem to have plenty of money to launch appeals at the High Court against the rulings of the Court of First Instance!

It has also been reported on all the mainstream media that Anfi is under investigation by the Provincial Prosecutors Office of Gran Canaria, an investigation which may ultimately lead to “criminal charges”.

The investigation not only focuses on “Punishable Insolvency”, which to briefly explain means that due to the movement of funds from the accounts of the “convicted” companies (Anfi Sales SL & Anfi Resorts SL) to other Anfi accounts, leaves them technically insolvent. Thereby they are unable to pay the amounts so ordered by the courts, an insolvent company cannot pay its debts!

After all, we are seeing many other timeshare companies placing their “sales” branches into liquidation to avoid further litigation, despite them giving other reasons. Surely this is a criminal act, yet we hear nothing from the trade body?

Could Anfi be contemplating liquidating the companies involved in these lawsuits to avoid further “convictions”, a move which could be seen as “criminal”?

Could this be in store for Anfi Directors?

The Anfi investigation is also looking at the use of funds paid by members by way of annual maintenance fees. It appears that these funds are also being moved around different accounts to avoid court-ordered embargoes.

One of the possible charges is “Frustration in the execution of sentences” ( another possible criminal charge), due to the Anfi tactic of “avoiding” payments which they are obliged to do so by order of the courts. Inside Timeshare would call this a blatant “contempt of court”!

Yet with all these court cases, the criminal investigation for the illegal movement of funds in order to appear “insolvent” we hear nothing from the industry trade body the RDO, EUROC, Timeshare Task Force or from Timeshare Business Check. These all claim to “protect the consumer”.

One of their own members is flagrantly breaching not only Spanish law but also the RDO “code of conduct” yet they focus on informing “consumers” it is the law firms bringing the cases that are in the wrong. Informing “consumers” of “legislation” which does not exist, such as “it is illegal to take upfront legal fees”. That the courts, including the Supreme Court, have wrongly interpreted the law, that the law firms bringing these cases are “misleading” clients into false litigation.

Our understanding of a “Trade Body” is to regulate members of a particular industry to ensure they all operate in an ethical manner, to represent these members as one voice and ensure that the “industry” is presented in a good light. They should also be ensuring that “consumers” are protected from any wrong those members may do, assisting in resolving any issue.

They should also be sanctioning any member which does not comply with any legislation or breaks any of the “codes of conduct or ethics” that may be in place.

Is the RDO or any other organisation within the timeshare industry doing this?

Inside Timeshare believes not, but we leave you the reader to decide for yourselves.

Previous articles on this topic along with links to news reports.

TVE 1 News report on Anfi Investigation

Previous Inside Timeshare articles

https://insidetimeshare.com/breaking-news-prosecutors-office-denounces-anfi/

https://insidetimeshare.com/the-latest-news-in-brief-azure-services-limited-in-liquidation-and-anfi-funds-frozen/

https://insidetimeshare.com/years-end-not-a-good-one-for-anfi/

Previous articles published by El Diario.

Embargos

Original Spanish

https://www.eldiario.es/canariasahora/tribunales/Fiscalia-denuncia-Anfi-ocultar-embargos_0_924258398.html?fbclid=IwAR2RFYXoewmBTTWBITZLZcXgTe-nSnEmsBgkz04DVFTqzrXm9czh6dqsx5Y

English Translation.

https://translate.google.es/translate?hl=en&tab=wT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2FFiscalia-denuncia-Anfi-ocultar-embargos_0_924258398.html

Clients Filing against Anfi Debts

Original Spanish

https://www.eldiario.es/canariasahora/tribunales/Anfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

English Translation

https://translate.google.es/translate?hl=en&tab=wT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2FAnfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

Evading Debt

Original Spanish

https://www.eldiario.es/canariasahora/tribunales/exclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html?fbclid=IwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

English

https://translate.google.com/translate?sl=auto&tl=en&u=https://www.eldiario.es/canariasahora/tribunales/exclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html?fbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Danish

https://translate.google.com/translate?hl=&sl=auto&tl=da&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

German

https://translate.google.com/translate?hl=&sl=auto&tl=de&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Finish

https://translate.google.com/translate?hl=&sl=auto&tl=fi&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Norwegian

https://translate.google.com/translate?hl=&sl=auto&tl=no&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Swedish

https://translate.google.com/translate?hl=&sl=auto&tl=sv&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Start the Week: JSD Group Update & Latest Anfi Defeat

Welcome to the start of another week with Inside Timeshare, as usual over the weekend many more emails have been received from readers on the articles that have been published. Some with new information and others just to say that they have also been called and thanks to the articles they have not been taken in by them. We begin today with one such article and also bring you the news of another defeat for Anfi.

We begin today with an update on JSD Group Ltd, this company was registered on 10 March 2020, so it is only just 7 months old, yet according to their website testimonials they have many “very happy” clients who have got their money back. Not bad for a new company and a website that was only registered on 15 March 2020.

https://jsdgroup.org/

The director is Scott James Deakin, he is the sole director, but that does not mean to say he is the actual person behind it all. He could just be a frontman, we have found this with many of these companies. According to one of our sources, a Scott James Deakin claims that his identity has been “stolen” and that he is in fact working in Thailand selling timeshare. As yet this has not been confirmed.

The main gist of these latest calls have actually nothing to do with timeshare claims, the calls are about “solar panels”. It just so happens that our readers have also been contacted by them regarding their timeshare and making a claim. Now the same company is calling them about solar panels!

So at least our readers were already warned about this company and have declined any further contact.

Below are links to the first article and the many updates published.

https://insidetimeshare.com/another-new-claims-company-emerges/

https://insidetimeshare.com/jsd-group-ltd-o-yoo-update/

https://insidetimeshare.com/eze-group-clients-being-targeted-jsd-update/

https://insidetimeshare.com/start-the-week-more-from-morales-maxwell-and-the-jsd-group/

https://insidetimeshare.com/news-update-jsd-group-anfi-back-in-the-news/

https://insidetimeshare.com/jsd-group-not-just-timeshare-claims/

Late on Friday, news came in of the latest defeat for Anfi Sales SL and Anfi Resorts SL, in this case, it is yet another where the judge has decided that a full trial is not necessary, issuing his sentence at the pre-trial stage.

The Swiss client’s case was accepted by the Court of First Instance Number 3 of San Bartelomé de Tirajana in October 2019 with the case listed for trial in March 2020. Due to the COVID19 pandemic, the trial was suspended as the lockdown came into effect.

When the courts resumed the Judge who had sat on many of these cases involving Anfi decided that the case was cut and dried and the need for a full trial was not required. We have been seeing this happen to an increasing number of cases, all we can say is the judges obviously have had enough and to save time and also cut the workload of the courts.

The client’s contract was again declared null and void and the client was awarded over 50,000€ plus legal interest.

The case was brought on behalf of the client by Canarian Legal Alliance with the lawyer Eva Gutierrez representing the client in court and the Claims Consultant Jasmin Erhard assisting the client.

No doubt Anfi will do their usual thing and lodge an appeal to drag everything out and attempt to delay any payments, but, as we have seen from all the other appeals, it will cost them, even more, when the High Court dismisses the appeal.

If you have been contacted by any company and would like to know if they are genuine, or if you would like to know if you have a valid and viable case against your timeshare resort, please use our contact page and Inside Timeshare will get back to you.