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Anfi Sales

Start the Week: Update Fake Law Firms & News from the Courts

Welcome to the start of another week with Inside Timeshare, apologies for the lack of articles last week, this was due to unforeseen circumstances. Over the past few weeks, we have been publishing warnings about the FAKE law firm operating out of Tenerife, known as The Litigious Abogados Family, further information has confirmed that they are all indeed linked and are also linked to scams perpetrated years ago. Last week was also very busy on the courts front, with more news of Anfi appeals being dismissed and also two new Marriott cases ending in favour of the client.

We begin with our Fake law firms, Olmo, Logra and JR Abogados, well these are actually not fake law firms, their names and websites have been stolen and are being used by the criminals to give themselves credibility.

This is nothing new for this lot, we have seen them use Presidents, Ambassadors and eminent Judges among others on their own websites over the years, what is new here is the fact they are using genuine law firms.

Going back to 2016, Inside Timeshare published (click link) Solutions Group, Still Going?

It was the result of information received that they had begun operating again after a time in the shadows. They came under various names, but the one prominent feature was the email address they used,  [email protected] and the website which is no longer operating www.consumeract75.co.uk

Their name began to appear a couple of years after this article in conjunction with our fake law firms. Former “clients/victims” of Solutions Group were contacted regarding “a court case against their timeshare company”, which had been filed with the courts in Tenerife.

The “client/victim” has been awarded ex-amount of compensation and the “new” law firm “instructed” by Solutions Group will get your money for you. Just a matter of some taxes, court fees etc to deal with first.

Our first article showing the link was for CUC Abogados was an update in 2019, (click link) Update: CUC Abogados & Solutions

There was further update in February 2020 where Solutions “claimed” to have won in court (click link) Solutions Claim to Win Case

Full story on CUC Abogados 

https://insidetimeshare.com/?s=cuc+abogados

It has now been confirmed by several readers who have had contact with all three new “law firms”, that it is a result of their initial dealings with Solutions Group, that their case has been taken to court and it is guaranteed you will be paid out. After all, going by all the other “cases” they have won, the timeshare company pleaded “guilty”. Oh, look, a flying pig!

So our conclusion is that they are all one and the same people, or two different groups working together using data from previous scams. Either way, they have your data and will exploit it as best they can so beware of the “wonderful” news you are about to receive in a cold call.

If you have been contacted by these fraudsters and were also a “client/victim” of Solutions Group Tenerife, please get in touch with Inside Timeshare, your information may be useful.

Moving on to the courts, last week the High Court of Las Palmas once again dismissed and rejected appeals by Anfi Sales and Anfi Resorts, against the judgement handed down by the Court of First Instance.

The first appeal involved a Norwegian client, whose contract was declared null and void, with the court awarding 16.030€ in respect of the purchase prices plus a further 22,900€ for the illegally taken deposits. They were also awarded legal interest and legal costs.

The High Court confirmed this original sentence and the case is now back with the lawyers for filing with the Mercantile Court.

The second High Court ruling for the English client is a great result, at their original hearing the Court of First Instance had no hesitation declaring the contract null and void and awarding the client 24,158€ plus legal interest.

Obviously, Anfi once again appealed to the High Court, but so did the lawyers of CLA.

The Court of First Instance had not included the payment of double any deposit taken illegally, which was clearly established by the Supreme Court as a way of sanctioning the timeshare companies.

The High Court agreed, awarding a further 15,861€ and also included legal costs, as for the appeal by Anfi, well, once again it is a loss.

Moving now to Marbella, where the Court of First Instance Number 8, has found in favour of German clients against MVCI Management (Europe) Ltd, MVCI Management SL and MVCI Holidays SL.

The court not only declared the contract null and void, but awarded 23,292€ for the purchase of the contracts plus a further 36,000€ in respect of illegally taken deposits. The client was also awarded legal interest and legal costs.

In the same courthouse but in Court Number 3, the judge declared another Marriott contract null and void and the repayment of 9664€ Plus legal interest.

All these cases were prepared and presented to the court by lawyers of Canarian Legal Alliance, we now wait to see if Marriott once again submit payment to the courts without the need for enforcement.

That is all for today, if you would like further information on your timeshare contracts and you would like to know your rights and options if it is illegal, please use our contact page and Inside Timeshare will get back to you.

End the Week: Court News

It’s the end of another week and apart from the big news about the “partnership” between Wyndham and Club La Costa, it has been rather quiet on the news front. Our old friends The Litigious Abogados Family have once again graced our pages with their latest “SCAM” or should we say “FRAUD”, with the use of yet another genuine name to enhance their nefarious purposes. We began the week with a short piece on cold calls. I should point out that “Mavis” is a fictitious character made up to highlight a problem, unfortunately, I did receive comments that they felt “Mavis” should give up her job. That is easy to say if you are comfortable. We end this week with our typical news from the courts.

We start with a Marriott case that was heard by the Court of First Instance Number 3 of Marbella, with the court issuing their sentence on 21 October.

Marbella Court House

The case against MVCI Management and MVCI Holidays was brought by an English client and was represented by lawyers from Canarian Legal Alliance. Their contract was for a period of more than 50 years and was also a points/floating week based membership. 

It was therefore declared null & void as laid out by law and the precedents set by the Supreme Court.

The court also ordered Marriott to repay the client 51,200€ plus legal interest; we now wait to see if Marriott continues to do the right thing and place the money with the court without the need for enforcement procedures.

Moving back to Gran Canaria, at the Court of First Instance Number 2 of SBT, another new case against Anfi was heard and a sentence issued.

The judge ordered the repayment of 47,235€ plus legal interest and costs, with the contract obviously being declared null & void. This amount also includes a double payment for the illegal taking of deposits during the statutory cooling-off period.

The case will now be filed with the Mercantile Court due to the liquidation procedures against Anfi Resorts and Anfi Sales. It is still not clear if Anfi can appeal the sentence, like they always do, with the High Court because of this, once we have a definitive answer we will let you know.

So far this week there have been three Anfi appeals once again dismissed by the High Court of Las Palmas.

High Court Las Palmas

The three cases involve one Norwegian client and two English clients, all won their cases at the Court of First Instance with their contracts being declared null & void and a total repayment ordered to all three of over 91,000€ plus legal interest and legal costs.

The judges also ordered that all three clients be repaid double the amount in respect of the illegally taken deposits at the point of sale. The statutory cooling-off period has actually been in force before the enactment of Law 42/98, this law increased it to 14 days, so really the timeshare companies again only have themselves to blame.

All three clients’ cases will now be filed with the Mercantile Court by their lawyers at Canarian Legal Alliance to ensure they are registered as creditors.

That is all from the courts at the moment, there has been nothing in from Tenerife and the Silverpoint cases, which as we know are also subject to administration by the Mercantile Court. When anything of importance is announced Inside Timeshare will publish it here.

If you would like further information on any articles published or just want to know if your contract is illegal and what options are available to you, then please use our contact page and Inside Timeshare will get back to you?

Have a Great Halloween Weekend and join us again next week for more news and information on the world of timeshare.

Claims Calls: Do You Have a Case?

One of the most common inquiries Inside Timeshare receives is on the subject of claims for “misselling of timeshare”, it seems that no matter when or where you purchased, you have a claim. Even without checking the paperwork, the “legal consultants” on the phone will tell you that they can help you get your money back and the contract cancelled, or that your name has been included in a “class action”. Either way, the intention is very clear, they want your money.

You, the timeshare owner will be bombarded with information on E.U. Directives on Timeshare, that your contract is in breach of these “European Laws”, and as a result, you can take the case to court. Well, that is not quite true.

The E.U. Directives are just that, they are directives on how timeshare should be regulated, they are not laws that can be enforced in a court of law. The idea behind the directives was to unify and regulate how timeshare was sold and operated within Europe, it was then down to the individual states to place those directives into their own domestic laws.

Out of all the E.U. States, there are really only two that did and they also strengthened those laws to ensure the protection of consumers, they are Spain and Malta.

In Malta, the timeshare industry comes under the auspices of the Ministry for Tourism and Consumer Protection. Maltese Law is very strict, it even has special provisions for the “ticket touts” or OPCs, licences are required with substantial deposits before issue. The regulations on how and where they operate are strictly controlled and the penalties can be very severe from fines to the deportation of offenders. The PDF below is taken from Maltese Legislation regarding OPCs.

But the most well known for implementing timeshare laws in favour of the consumer is Spain.

We see the results of these laws emanating from the courts on a daily basis, but as we stated at the start, not all contracts are claimable. There are many factors that have to be taken into account, and the only people who can give you a definitive answer are the lawyers, once they have examined your documents and case.

Inside Timeshare has many examples of “owners” being told they have a claim and will get their money back when in reality they don’t. One recent example is a timeshare purchased on the Costa del Sol, the resort is one of the many based at Miraflores, a huge resort that can only be described as a small town.

According to the many phone calls they have received, they have a great case, their timeshare contract is illegal, that is in no doubt as it is in perpetuity, longer than the 50 years allowed by law. Great news I hear you say.

Unfortunately, although he does have a case for an illegal contract, he has no case to take to court. In this instance, the company who sold the timeshare, a marketing and sales company that is legally liable, are not what you would call solvent. Yes, you could take the case to court and win, but you would not get anything back, you would have paid all those legal fees for nothing. It is not a “VIABLE” case.

Another case is a gentleman who has been in touch with Inside Timeshare for quite some time, and each time he says he has been told he has a case. Inside Timeshare has had his documentation checked and there is no case under Spanish Law.

He purchased with Marriott on the Island of Mallorca, he believed he was purchasing weeks at the Marriott Resort in Mallorca. He attended the presentation, was impressed and purchased. At first, everything appeared fine, that is until he was unable to make any reservations at his “home” resort.

After several cold calls which all said the same thing, he had a case, remember they haven’t even seen the documents, he decided that he would take legal measures and have his contract declared null & void and the return of his purchase price. But, he had a nagging suspicion that all was not quite right with the “companies” he had spoken with, so contacted Inside Timeshare.

Once we received copies of his purchase agreement we could tell that he had no case, but we would let our own trusted lawyers check the documents.

As we first thought, he had no case under Spanish Law, his purchase although it was made and paid for while he was in Mallorca, he didn’t have a Spanish timeshare. His contract was for a resort in America, the contract was processed at the Marriott HQ in Florida, payment was made through Florida and all contracts, taxes, maintenance and anything else came under Florida Law, all notarised in Florida. To all intents and purposes, he purchased a US timeshare not what he thought was one based in Spain.

He was informed of this and we heard nothing for some time, then out of the blue, he makes contact again, this time saying he has been told that provided he can prove he was in Spain he has a case in the Spanish Courts. After making the necessary checks we informed him that he was being told “porkies” again.

Just these two examples show how careful you have to be, yes you may have a case, your contract may be illegal, but is the company that sold it still operating or solvent?

Remember, these cases are against the company that sold it, not the resorts themselves, look at our friends Anfi, the cases are against Anfi Sales and Anfi Resorts, the sales and marketing side, they are not against Anfi Vacation Club or the actual resorts.

As far as timeshare purchased outside of Spain, it really does depend on how the E.U. Directives were implemented in their domestic laws. We know that there have been very few cases in UK courts, UK timeshare law is not what you would call consumer-orientated. Although there are other measures which may just get you your money back, these are not as easy as they are made out. They also do not have your contracts declared null & void or even terminated. That is a separate issue.

As we have also stated in previous articles, especially the ones published recently, unless you have personally instigated a case in the courts, employed the services of a genuine lawyer who has prepared and filed the case on your behalf, you do not have or are included in any case.

Would you like to know if you have a contract that is illegal under Spanish law, is it a viable case and what are your legal options?

Please use our contact page and Inside Timeshare will get back to you.