Browse Tag

ANFI

Supreme Court Roller Coaster

It would appear that the roller coaster of rulings from the Supreme Court just isn’t going to stop, it was announced on 8 July 2016 that Canarian Legal Alliance had just received ruling numbers 12 and 13.

CLA Logo

In ruling number twelve, their Norwegian clients had their contract cancelled and were awarded 31,998€ plus all the legal fees. The court has upheld previous judgements that contracts over fifty years and floating weeks are illegal.

 

Following on from that, ruling number thirteen was for a family in the UK, they were awarded a total of 82,808€ including double the deposit paid, legal fees and interest. As before the same principle was applied, contracts cancelled due to being over 50 years, floating weeks and the taking of a deposit within the 14 day cooling off period.

 

So within two days Anfi has been penalised by over 114,806€ for breaches of the timeshare laws. This does go to show the Spanish legal system will not tolerate companies who defy the legislation put into place to protect the consumer.

tribunal supremo

It is a wonder the timeshare industry has been able to get away with these illegalities for so long. Could it be because they held so much influence in the past they actually believed they were immune from the law?

 

Yet, we hear nothing from the trade body for the industry the Resorts Development Organisation, or even TATOC, the so called owners committees association. Surely if these two organisations were what they purport to be, I would have thought they would at the very least, make some kind of statement that they would sanction any member who still broke these rules. It is their members who are selling products deemed illegal, but not a word of warning to them.

 

It must also be pointed out that although these rulings have been made against the Anfi Group, it affects all timeshares whether fixed weeks, floating weeks or points sold anywhere within Spain, Balearic Islands or the Canary Islands. These rulings apply to any company that has not complied with the laws which came into force in January 1999.

2 MORE SUPREME COURT SENTENCES ( THATS 13 SO FAR )

 

So once again congratulations to the two families and well done to the legal teams at Canarian Legal Alliance.

champagne glasses

If you have any questions about this subject or anything about timeshare, resale or claims companies, Inside Timeshare will do its best to give you the answer. If we don´t know we will find out.

My Thoughts Today End of June

So here we are the end of another month and half way through the year, and what a month it´s been. More rulings from the Supreme Court, more clients awarded substantial amounts and even more cases in the pipeline.

 

The article published 13 June 2016, regarding maintenance arrears and debt collectors has had a great response. Lots of support for the plight of Mrs B, including some personal messages from some legal eagles on how to help her, for that Inside Timeshare is grateful.

 

So far there has been no contact from Network Credit Services, even though they gave her a final notice to pay up within 7 days. Since then she has had her phone connected to BT Call Guardian, so she can block any unwanted calls. Having spoken with her today she is in good spirits especially after giving her the news of support coming in from many different quarters.

debt collectors

On the point of timeshare companies actually going to court for maintenance arrears, Inside Timeshare has been advised from a reliable source that one company has indeed done so. The owner actually had court officials knocking on his door to enforce the order to pay Anfi the arrears. We are waiting for written confirmation of this. Again are these companies by-passing the Spanish legal system to enforce payments, due to the fact that under Spanish law those contracts are illegal and unenforceable? Is it a case that the courts in the UK need to get a grip and realise what is going on?

 

There is still no news from the courts regarding the RCI Action, being brought by Edwin Coe LLP. As stated before the wheels of the law do move at a rather slow pace, but when we find out we will let you know.

 

On 14 June 2016, the spoof article on the new member to the blog writers trade association was published, it was fun to write and certainly made people laugh. But underlying the article was a very important point, this has been borne out by some of the comments received. It was very surprising to find how many people actually agreed with it. Yes it was scathing, but that was point. A trade body set up to regulate an industry should do just that, not allow its members to do as they wish and ignore the laws that are in place to protect the consumer.

 

The TCA also published an article about Silverpoint Vacations (an RDO member), losing at the courts in Tenerife. The full translation of the document shows the case was another to do with the perpetuity contract being illegal. In their article the TCA do state which company brought the case on behalf of the client. But it does show the courts are finding on behalf of the consumer.

 

Also this month we have highlighted a company which is stating they can claim against the timeshare companies. From the many enquiries received and the information given by those who have attended meetings, our first impressions have been found correct. Again this goes to show that in-depth research is required in order to safeguard yourself.

on holiday 2

The summer holiday season is also now upon us, for those travelling to Europe, the only advice is beware the ticket touts. Remember if you do decide to purchase anything such as timeshare or one of the numerous holiday clubs, it is illegal to take any payments within the 14 DAY COOLING OFF PERIOD. Do your due diligence, if it sounds too good to be true, alarm bells should ring. If you are unsure, then don’t sign. Happy holidays.

Victory Number 11

here we go again

Last week 17 June 2016 Canarian Legal Alliance announced that it had just achieved another ruling at the Supreme Court. This now brings the total in just over a year to Eleven, with from what I have been told many more in the pipeline.

 

In this particular case, the court ruled as before on the precedent it previously set, that any contract sold in Spain which is longer than 50 years, is illegal according to the law 42/1998. In this case the English client will receive 11,000€, and their contract with Anfi cancelled. As usual the legal fees will probably have been awarded as well, although this was not mentioned. (But in all previous rulings this was the case).

 

This can only bode well for other firms who are now taking up the challenge of representing timeshare owners, as before this it was very hit and miss. Many firms would not risk the task, as the odds tended to be in the favour of the timeshare companies. It may have been due to the complexity of the timeshare laws and the fact very few had the knowledge or experience to represent the owners.

 

It would seem then that the tide has really turned in the favour of the consumers, rather than the companies, who in the past believed they were above the law. When these case are brought by other firms, Inside Timeshare will publish the results. So watch this space.

 

So again congratulations to this particular client and the legal team who must have worked hard to achieve this result.

champagne

If you have any questions about this or any of the articles published contact Inside Timeshare for free and impartial information.

Breaking News: Its A Strike!

Well, well, well, they just seem to keep on coming, it was announced yesterday, 7 June 2016 by CLA of yet another judgement by the Spanish Supreme Court.

victory2

This now brings the number made to an incredible TEN, with apparently many more waiting to be heard. The latest ruling is again against Anfi, this time the client is English. In this ruling the court once again reaffirmed that Floating Weeks are illegal, also reaffirming their previous rulings that contracts in Perpetuity are also illegal.

 

The court has awarded them over 20,000€ plus all legal expenses.

 

Yet another blow to the timeshare industry, and they still believe that these ruling are wrong. How many more will it take for them to realise that the game is up, that they should now put their house in order and start playing by the rules. It is only a matter of time before other States in the EU implement the same rulings. Once this happens we will see cases being brought for timeshares not sold in Spain.

 

Once again congratulations to this particular client and well done the Legal team at CLA.

champagne

If you require any information, or have any comments Inside Timeshare would like to hear from you, if we don’t know the answer we will find it.

 

Here We Go Again! Another Supreme Court Ruling for CLA against Anfi.

Canarian Legal Alliance once again announces another Supreme Court victory against Anfi, this was published on their website on 31 May 2016.

 

The Supreme Court again has awarded one of their clients double the deposit back, due to the fact of taking payments within the 14 day cooling off period. The court has also reinforced the fact that floating weeks and contracts in perpetuity are illegal. This client will be receiving over 30,000€ and have their contract canceled.

 

This now brings the number of rulings by the Supreme Court on behalf of CLA clients to nine. This will obviously have a profound effect on all timeshares sold within Spanish jurisdiction, the floodgates have been opened and there is now no turning back.

 

Consumers now have the full protection of the law despite what the timeshare companies and the trade body the RDO may say. In the end it is only themselves to blame for their present predicament.

 

It has also come to the attention of Inside Timeshare that another case brought in Tenerife against Silverpoint has resulted in a victory. The only information so far is the case was conducted on behalf of a British Silverpoint client, the case was heard by Judge José Pablo Carrera Fernadez. At present we do not know which firm started these proceedings. It would seem that the court in Tenerife has also used the Supreme Court rulings in its judgement. More will be published on this when the information becomes available.

 

Once again congratulations to the respective clients and both the legal teams that fought your cases.

slicksaleman

THE SUPREME COURT STRIKES AGAIN

Inside Timeshare is here to bring you the latest news and information about the world of timeshare. If you need any advise or information about your own timeshare or any company that you may be thinking of dealing with, contact Inside Timeshare for free and impartial advice.

An Expensive Month for Some!

Today I was looking at some of the news from the past month, it looks like it was an expensive one for timeshare resorts.

 

The TCA reported a case against MacDonald Resorts Leila Playa Club in Spain, this action was regarding contracts signed between 2003 and 2008. From the TCA article (below) it looks like the courts accepted the illegality of the perpetuity contract, the fact that buyers were not given the information they were entitled to and also that the resort did not comply with the right of withdrawal.

 

The article did not state the law firm which took on the case but it was finalised on 5th April 2016, with TCA publishing it on 4th May.

 

In this case the court awarded the client £11,839.22 The court also stated that interest on this sum was to be paid and all costs incurred by the trial. This is another ray of hope for many, it shows that the Supreme Court Rulings are being taken notice of in other courts.

 

http://www.timeshareconsumerassociation.org.uk/2016/05/04/tatoc-members-macdonald-resorts-contracts-proven-null-and-void/

 

In another part of Spain a law firm which has been mentioned in articles here, has had a tremendous month. The main highlight to the Canarian Legal Alliance month was the payout of Mrs Grimsbo, the Norwegian client who made history with the first ever Supreme Court Ruling. She has as reported on 4th May been paid out over 43.000€.

champagne

http://www.canarianlegalalliance.com/payout-for-our-first-supreme-court-victory/

 

Now since The beginning of April the courts have made awards to CLA clients of over 361 893.14€ all against ANFI.

 

  • April 4            27 600€
  • April 11          52 095.72€
  • April 14         92 797.42€
  • April 21      130 000€
  • May 4           43 000€ (Grimsbo)
  • May 6           17 000€

**ARCHIV**Banknoten in 50er, 100er, 200er und 500er-Scheinen liegen auf einem undatierten Foto, das von der Bundesbank in Frankfurt am Montag, 3. Dez. 2007, zur Verfuegung gestellt wurde, auf einem Haufen. Der Euro hat in Deutschland nach einer Umfrage fuer die Dresdner Bank an Popularitaet verloren. Knapp sechs Jahre nach Einfuehrung der Gemeinschaftswaehrung erklaerten nur noch 36,3 Prozent, sie faenden den Euro gut. 2004 lag die Zahl noch bei 42,6 Prozent, wie die Bank am Sonntag, 16. Dez. 2007 aus der Umfrage der Forschungsgruppe Wahlen berichtete. (AP Photo/Bundesbank) --- Undated photo provided by the German Federal Reserve Bank in Frankfurt on Monday, Dec. 3, 2007, shows Euro bank notes in 50, 100, 200 and 500 Euro bills. (AP Photo/German Federal Reserve Bank)

On April 26, CLA also had another victory, this time against Palm Oasis, the client in that case received an award of 26 000€. The award in this case was the perpetuity contract and the taking of a deposit within the cooling off period.

 

This is all in one month, how can the industry sustain payouts like this, all because in the past they thought they could get away with anything. They thought they were untouchable, well we have heard that before, now they are reaping the whirlwind, or is it a Tsunami as one paper put it!

So to finish, congratulations to the clients on your cases, well done to all the legal teams who fought for your rights. If the industry has any sense it would know that the writing’s on the wall, they can no longer behave as though they are lords and masters, that it is you the consumer/member that keeps them going and keeps them in a job.

on the wall

If you require any information regarding any article posted or have been in contact with any company and are not sure of their authenticity, Inside Timeshare is here to help. Contact us  on the comments section, if we do not know the answer we will find out.

CLA Making the News Again.

It looks like the lawyers at Canarian Legal Alliance are becoming quite the celebrities around Europe. Over the past month their legal battles with the timeshare industry have been attracting a lot of media attention.

 

The renowned Norwegian Business Magazine, Kapital, ran a lengthy article on the law firm, highlighting the Grimsbo v Anfi case. This has resulted in CLA gaining a much higher profile among Norwegian timeshare owners.

 

The following link will take you to the articles in Norwegian and an English translation.

CLA IN NORWAYS LEADING BUSINESS MAGAZINE

 

Recently El Diario, a Spanish national newspaper also ran an article on the Anfi cases and the Supreme Court judgements. These rulings appear to have caused quite a stir in Spain, probably because it has made legal history, as well as putting Spain at the forefront of protecting customers from the timeshare industry.

The following link shows the El Diario article.

eldiario

 

http://www.eldiario.es/canariasahora/economia/Anfi-timesharing-reclamaciones-clientes-anticipos-ventas-turismo_0_504650586.html

 

Another newspaper MaspalomasAhora (Maspalomas Today) also ran an article explaining the Supreme Court rulings. They also highlighted the number of cases that are ongoing and those in the process of being submitted. The amounts of money involved so far are quite staggering, with this being set to increase substantially.

 

Follow this link to view the article.masahora

 

http://www.canarianlegalalliance.com/maspalomas-ahora-highlights-cla-cases-anfi-group/

rdo-logotatoc logoholiday clubanfi logo

So it would look like all the information the RDO, TATOC, Holiday Club and ANFI have been putting out is false. These and other timeshare companies have been denying anything is wrong, that there are no court cases against them. The press around Europe seems to disagree with them. They have highlighted over the past year, many of the cases that this particular law firm has won, including all the Supreme Court Rulings. The industry is certainly feeling the pinch, but they only have themselves to blame, their past and ongoing greed is catching up with them.

 

Inside Timeshare will bring you the latest information as it is received. If you have any question regarding anything to do with timeshare, holiday clubs, resale, relinquishment or how to claim Inside Timeshare will give you the best advice possible. If we don´t know the answer we will find out.

Supreme Court Strikes Again: Another Ruling against ANFI Contracts.

The latest news to be published in the court battle between ANFI and timeshare owners confirms earlier Supreme Court Judgements.

 

On 6th April 2016 Canarian Legal Alliance posted their latest victory in this ongoing case. They received yet another favourable judgement from the Supreme Court. In this announcement the court has declared that its previous decisions to find Floating Weeks Illegal is upheld. In its rulings the court has declared that selling weeks without a room number or week number specified is illegal. (see link at end of the page).

With this ruling it puts into doubt ANFI´s and the RDO´s assertions that the previous rulings were wrong. We now wait for another statement from these two organisations as to this latest ruling.

anfi logo CLA Logo

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

 

http://insidetimeshare.com/my-thoughts-today/

 

So what does this mean for other resorts that have also sold Floating Weeks?

 

Obviously it will affect them in the same way, the court has again stated these contracts are illegal in Spain. Any resort or company that has sold them is now open to litigation and the contract declared NULL & VOID. The consumer in Spain at least is now getting the protection that the original EU Timeshare Directives sought to give. It is now up to other countries within the EU to do the same. After all, there are many owners who have been sold the same product, but have no redress due to the country they purchased in.

SUPREME COURT CONFIRMS : ANFI FLOATING WEEKS ARE AS ILLEGAL AS ALL THE OTHERS


Inside Timeshare will keep you updated on the latest developments as we find them. If you have any questions or concerns get in touch and we will do our best to find you the answers.

RDO Trying to Scare ANFI Timeshare Owners.

rdo-logoanfi logo

 

Since publishing the article on the history behind the Supreme Court Ruling, it has come to our attention that the RDO published on 18th March 2016 a piece in support of ANFI. This in itself is not surprising as ANFI is a fully paid up member to this old boys network.

 

The  RDO stated that, ANFI sought clarification about the length of the contracts from the Property Register and Notary Head Office. According to the RDO these two offices believed that the “pre-existing ANFI schemes were correctly adapted”.

 

Well this flies in the face of the Supreme Court Judgements. I know who I believe.

 

tribunal supremo

 

It goes on to say that ANFI will respect the rulings but will now charge those ex members for their stays at ANFI. What is the RDO playing at? Have not these holidays already been paid for with respect to the maintenance fees that have been paid over the years?

 

Are RDO and ANFI misinterpreting the Spanish Civil Code about the returning to both parties “the things that constituted the subject matter of the judgement” (direct quote from RDO article). They go on to say the cost that the ex-owner will have to pay will be calculated by the rate it would cost to stay in similar five-star hotels. Apparently this has been calculated  from data provided by the University of Las Plamas.

 

Also how does ANFI believe they can suddenly go from being a Timeshare resort to a Hotel, surely the licences that govern these establishments prevents this from happening. This is something that I will need to verify.

 

The RDO goes on to state that from this data it proves that timeshare represents good value for money as the cost would be more than that paid for the timeshare. How this can be true beggars belief, did the University not take into account the years of maintenance paid? It makes me wonder who commissioned this study and what parameters were given.

 

The last paragraph of the piece goes on to warn anyone that they will be liable for this cost if they take any action against ANFI. Another scaremongering tactic from the industry trade body the RDO, in order to protect an industry that for too long has had its own way.

 

According to the Norwegian financial periodical Kapitalen published this month (Kapitalen 4/16) there are more than 400 timeshare owners with ongoing claims against ANFI worth around 11,600,000€. With around 257 active cases in the courts awaiting a decision, these claims are worth approximately 6.8 million€. These are not figures that can be ignored, no wonder the RDO and ANFI are putting the boot into the owners.

**ARCHIV**Banknoten in 50er, 100er, 200er und 500er-Scheinen liegen auf einem undatierten Foto, das von der Bundesbank in Frankfurt am Montag, 3. Dez. 2007, zur Verfuegung gestellt wurde, auf einem Haufen. Der Euro hat in Deutschland nach einer Umfrage fuer die Dresdner Bank an Popularitaet verloren. Knapp sechs Jahre nach Einfuehrung der Gemeinschaftswaehrung erklaerten nur noch 36,3 Prozent, sie faenden den Euro gut. 2004 lag die Zahl noch bei 42,6 Prozent, wie die Bank am Sonntag, 16. Dez. 2007 aus der Umfrage der Forschungsgruppe Wahlen berichtete. (AP Photo/Bundesbank) --- Undated photo provided by the German Federal Reserve Bank in Frankfurt on Monday, Dec. 3, 2007, shows Euro bank notes in 50, 100, 200 and 500 Euro bills. (AP Photo/German Federal Reserve Bank)