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ANFI

It’s Friday & We End the Week

Welcome to the end of another week with Inside Timeshare, this week began with the article A Little Known Name but Integral to Silverpoint. It is a name that has appeared over the years but was hidden in the shadows, attention was very much on others. The full story of Diana Aitchison and her involvement is only just beginning to surface.

On Tuesday we published yet another warning on the FAKE law firm from Tenerife stealing the good name and website of a rather prominent and respected lawyer from Madrid. The story of this FAKE law firm has been a regular feature over the years, highlighting the many changes of name, but, their recent use of genuine law firms names and websites has taken it to a whole new level of fraud.

The article on Wednesday was really prompted by the many emails received with questions about claims. Our readers were somewhat confused at what they were being told, one response to the article was just what we expected. One former Anfi owner was told he had a claim, it didn’t matter that he had not paid maintenance or received bills since 2006, with no contact whatsoever. He still had a case as the contract was illegal, to get a case in court it would cost £5000+ for legal fees. Our reader, we are glad to say, didn’t fall for that one.

There was no article on Thursday as it had to be shelved due to a legal settlement, all I can say is that it was mutually beneficial to both parties. Although it would be nice to publish a “good news” story, we respect the wishes for no publicity.

We now end the week with some news from the courts, yes, you have guessed it, Anfi once again takes a prominent part. But first, we begin with Silverpoint.

This is one company that is going to be in the news for quite some time, for one Norwegian client their battle with Silverpoint has moved a step closer to completion. The Court of First Instance of Arona has declared their contract null & void, which was to be expected considering the fraudulent nature of the Silverpoint products.

The Judge also ordered the client to receive 257,552€ plus legal interest and legal costs. This award included the payment of double the amounts taken illegally during the statutory cooling-off period.

Due to the liquidation process of Silverpoint, the clients lawyers will now be making legal representation to the Mercantile Court in order to secure the amount for the client. This is the first stage to becoming a “Confirmed Creditor”, now considering the amount to be repaid has been ordered by the court, I would have thought this was now just a formality.

Always in the News, for all the wrong reasons!

Moving from Tenerife to Gran Canaria, more specifically, Anfi and their constant appearances in the courts.

There was one result from the High Court this week, again it was due to another frivolous appeal by Anfi. I know this gets a bit boring, but the Judges at the High Court once again “DISMISSED” the Anfi appeal.

In their ruling they endorsed the original sentence of the Court of First Instance 100%, as we have stated before, this is all in accordance with Spanish Law and the rulings of the Supreme Court.

The client’s contract was declared null & void with the return of 54,749€ plus legal interest and legal costs.

At the Court of First Instance Number 4 of San Bartolome de Tirajana, an English client had their contract with Anfi declared null & void, along with the return of 22,055€ plus legal interest and legal costs.

Usually, we would say that we expect Anfi to appeal, but, due to recent events and the ordering of “necessary liquidation” by the Mercantile Court, we wonder if they can appeal?

Another case involving German clients was also heard at the Court of First Instance of SBT, this time Court Number 1. Again the judge in accordance with Spanish Law declared the Anfi contract null & void, also ordering the repayment of 54,749€ including interest and costs.

The same question as above also applies to this case, but the lawyers from Canarian Legal Alliance who represented the clients will be ensuring that these cases and awards are filed with the Mercantile Court

If you would like more information on any article published or just have a comment, please use our contact page or leave a comment on the appropriate article.

Have a great weekend and join us again next week.

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.

Court News and Another Twist to the Litigious Abogados Family

Welcome to a rather short Thursday article. First, we have a look at news from the courts of two cases. Both companies are very familiar to our pages, Anfi and Silverpoint. We also report on the first information regarding our old friends in Tenerife, The Litigious Abogados Family, who appear to have resurfaced, this time using the name of a genuine law firm.

Our first court report is from the High Court Number 3 of Las Palmas and once again involves Anfi.

This case was originally heard at the Court of First Instance of SBT, where the contract was declared null & void with Anfi being ordered to repay the client 22,574€ plus legal interest and legal fees.

As we have come to expect from Anfi, they once again decided it would be a “great laugh” to delay everything and lodge an appeal with the High Court. Another waste of the clients, lawyers and courts time, not to forget the legal bill for their own lawyers.

The Judges at the High Court, following all other cases and the rulings of the Supreme Court, roundly dismissed and rejected their appeal. The original sentence was confirmed and is now being filed with the Mercantile Court and the Court Appointed Administrator for the payment of the awarded funds.

In Tenerife, the Judge of the Mercantile Court Number 1, Santa Cruz de Tenerife, after examining the contracts has declared them null & void, plus awarding the client 147,420€.

As Silverpoint is now under the Mercantile Court and a Court Appointed Administrator, the client’s lawyers will now file this claim with the Mercantile Court for payment along with all the other claims against Silverpoint which have been found in favour of the clients.

One thing that is similar to both cases is that both companies used the same techniques to avoid payments, both moved money from their accounts to others so when an embargo is placed, nothing is in the accounts for the court to take. Both are being investigated by the authorities for the illegal movement of funds.

In both cases, the clients were represented by lawyers of Canarian Legal Alliance.

Along with our friends at the TCA (Timeshare Consumer Association), we are investigating another use of a genuine law firm by scammers.

So far from the documentation we have received, it appears this is yet another incarnation from our old friends The Litigious Abogados Family, with a new “Procuradores” or “Procurator”, this one is called José Vazques.

It is to this person that the “victim/client” has to pay, the account is in the name of José Motoz Vazquez, the bank is Evo Banco and the IBAN ES30 0239 0806 7526 6701 5925. Any payment being made to a named individual is always a bad sign.

In the letter sent to the “client”, it is purportedly from a law firm in Madrid called Adarga Abogados, along with all the names and bar association numbers of their lawyers.

The website for the law firm which does appear on the letter is

https://adargaabogados.es/

but, the email addresses on the letter are:

[email protected] 

[email protected]

These are free email providers such as Hotmail or Gmail, the email address for the genuine law firm is linked to their website.

Inside Timeshare and the TCA are in contact with the genuine law firm with the TCA already having established they have nothing to do with the letter or with any timeshare related claims.

We have seen these people use pictures of genuine people with fictitious names in the past, the most notable of them is the use of the late 39th President of Venezuela and the Ambassador to Argentina. But now they are using a genuine law firms name and their website!

Our inquiries are ongoing and we will have a full report once all the information has been received. In the meantime, if you receive a call, text or email using the name Adarga Abogados, please let us know.

Once again this reinforces the point that you should not accept as genuine any call or correspondence you receive, without first doing your own due diligence. If you are not sure how to go about this, please contact Inside Timeshare and we will help you determine if they are genuine or not.

Do you have a timeshare you purchased in Spain, is your contract legal under Spanish Law, if you would like further information on this and your legal rights and options, please use our contact page and Inside Timeshare will get back to you.