Welcome to the start of another week with Inside Timeshare, on Friday we received after publishing the “Stop Press” on a massive payout from Anfi for one very happy client. Today we publish the full story, this will be interesting reading for many Anfi owners who currently have cases either in court or are just starting out on the process. It has also been a rather quiet weekend with very few emails, the ones received have all been those contacted by various “companies” claiming a “guaranteed” exit for several thousand pounds upfront with a promise of a claim for “compensation”.
We begin with the news of the massive payout by Anfi.
As you are now aware, Anfi has not been the most forthcoming when it comes to paying out what the courts have awarded. They have continually delayed the process by constant and frivolous appeals to the High Court, along with the movement of vast sums around various accounts. This is now subject to an investigation by the State Prosecutors Office of Gran Canaria.
The case involving a German client was originally won in the Court Of First Instance of SBT (San Bartolomé de Tirajana). This court based their judgement in accordance with the law and the rulings of the Supreme Court.
The contract was deemed illegal and declared null and void for the following infringements:
- It contained “floating weeks” which do not guarantee any usage and are subject to availability.
- The contract was what is known as perpetuity, no end date or longer than the 50 years duration allowed by law.
- Payments were illegally taken within the statutory 14 days cooling-off period.
Basically the main three infringements of the law which is designed to protect consumers.
As usual and is their right, Anfi appealed the case to the High Court in Las Palmas, Gran Canaria.
As with every case we have reported on recently, the High Court dismissed the appeal and confirmed the original sentence of the Court of First Instance.
Anfi then decided they did not agree with this and launched an appeal to challenge the High Court’s decision with the Supreme Court, again this is within their legal rights.
As we already know the Supreme Court has ruled on numerous occasions that any contract containing floating weeks, a duration over the 50 years and the taking of any payment within the statutory period are deemed illegal.
Anfi lost their case at the Supreme Court which confirmed the ruling of both the other courts.
The result is the contract has been declared null and void with the return of a massive 158,268.27€
The total comprises the original 75,000€ plus legal costs and legal interest with 83,267.27€ as compensation for the illegal taking of deposits. This is more than double what they originally paid!
Anfi has now paid this sum as ordered by three courts, so this is wonderful news for the client who will very soon have this money available in his own account.
The case was handled by Canarian Legal Alliance with the client being assisted by Head of Operations Csilla Nazali, the Claims Consultant Jasmin Erhard with the lawyers preparing the case and representing the client being Eva Gutierrez and Adrian Diaz Saavedra Morales and their colleague Miguel Rodrigues Caballos.
So it is congratulations to the German client and also to the whole legal team at CLA for their sterling work.
As we stated at the beginning it has been a quiet weekend on the email front, the ones received have been regarding “cold calls” from various claims companies with the news that they can “guarantee” an exit from the timeshare, on payment of several thousand pounds.
They have also promised to get them “compensation” for the mis-selling of the timeshare contract. Only after the contract has been terminated we might add.
First, as we have seen in the past, many of these “terminations” have never actually happened, in most cases the client is told to just stop paying maintenance. Any demands should then be forwarded to the “company” to deal with. In many of these cases, as we have seen with ABC Legal, the termination has never been done.
The unsuspecting client then receives threats of legal action for the arrears of maintenance, in most cases at least 3 years. These threats are usually done by debt collection agencies employed by the timeshare company.
As for the “compensation” we have to ask the question, how is this going to be achieved?
Surely the timeshare company is not going to voluntarily pay the money back or even admit that their contracts were mis-sold?
After all, just look at Anfi and the story above!
If you have received any calls such as this, then please use our contact page and we will explain what your options are before you commit thousands for something that may never happen.