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ANFI

Tuesday Slot: Court News

Welcome to the Tuesday Slot with Inside Timeshare, today we have a look at the latest news on Anfi from the courts, I’m afraid it is the usual old stuff where Anfi are hammered again. First, we recap on the news around the liquidations of Anfi Sales SL and Anfi Resorts SL, this includes an update from CLA to their clients. Inside Timeshare along with all the law firms and lawyers working on Anfi cases, are aware that many clients are being contacted with some very disturbing false information. If you have received any call, email or text making wild claims, please inform your lawyers and contact Inside Timeshare with the details.

The placing into “necessary bankruptcy” of the two Anfi entities by the Mercantile Court of Las Palmas recently did not really take everyone by surprise, it was known to be on the cards, it was the speed with which it all happened. In one of the fastest decisions we have seen from any of the courts, the judge issued his findings and rulings.

What has come as a surprise by many is the story behind it, a company which the Mercantile Court has noted is not in “bad condition”, in other words, it is recoverable. It is all the underlying reason behind what has gone on at Anfi which has shocked many, mainly the thousands of Anfi members.

Below are a few links to the recent story, it gives a good background to what is going on, which brings us to our press release from Canarian Legal Alliance. This has been published on their website and all their clients have been notified.

Canarian Legal Alliance would like to update its clients with claims against Anfi, after the declaration of the forced administration procedure.

(Earlier notification here: https://canarianlegalalliance.com/update-on-anfi/)

Our law firm has now communicated all credit requests to the court-appointed administrator, supporting them with documentary proof. The court-appointed administrator has to revise and study them one by one, then file his findings (approval or not)  to the mercantile court. Depending on the quantity of the creditors this can take a couple of months. During this time the cases in the civil courts will continue as normal. 

In the meantime, he is also studying Anfi in order to establish the assets it has and to develop a viability plan for its continuity hand in hand with the payout of its debts. Naturally, our law firm is at his disposal for any clarification or help he might seek.

We would also like to inform our clients that the current administration of Anfi has launched an appeal against the decision of the first instance court putting the company into administration, as it was foreseen and announced by us earlier. Now the magistrates from a high court have to evaluate the case and pass their resolution on it. 

We will keep you updated.

Canarian Legal Alliance

If you have a case against Anfi, please contact your own lawyers for any updates if you have not yet been informed, only they can answer your questions.

Now for some of the latest court news where Anfi has been well and truly “Hammered”.

Court of First Instance, San Bartolomé de Tirajana

In a very unusual twist, we actually have a ruling from the Court of First Instance Number 4 of SBT, it is unusual as all the other cases we hear about are from the High Court.

This is the court where all the cases begin, from the filing, the pre-trial and then the full hearing. They have consistently found in favour of the clients in accordance with the Spanish Timeshare Laws and the confirmation of those laws by the Supreme Court.

In this case, the Anfi contract was declared illegal and therefore null & void as it breached the law on several major points. Along with the contract being dismissed the court also ordered Anfi to repay the full purchase price of 22,168€ plus legal interest and legal costs.

The judge also ordered the repayment of 11.084€ in respect of illegally taken payments within the statutory cooling-off period, making a grand total of 33,252€.

The German Client has been informed of the situation regarding the Mercantile Court and they will be presented before the administrator in due course.

We now move to the High Court of Las Palmas, as you are all aware, this is where Anfi takes all their cases for appeal, why we don’t actually know apart from it is their “legal right”!

Last week, High Court Number 3 issued three rulings on Anfi appeals, once again the judges sitting on the appeal were unanimous in their findings, the Anfi appeal was rejected and dismissed.

In all three cases the court ratified the sentence of the Court of First Instance, ruling the contracts null and void and the repayment to all three clients the following:

18.351€

32.545

71.530€

All have been awarded legal interest and legal costs.

High Court Las Palmas

High Court Number 5 also deliberated over an appeal by Anfi, in their judgement, they concurred with all previous rulings from the various High Courts and unanimously found in favour of the client.

They endorsed the sentence of the Court of First Instance, declaring the contract null & void and confirming the repayment of 35,423€ plus legal interest and legal costs.

As with all cases against Anfi Sales SL and Anfi Resorts SL, these clients will now be presented to the administrator for inclusion as creditors.

As we end today’s article, we must remind you that there are legal procedures your lawyers have to abide by, the courts, this may come as a surprise; are very ordered in how they function. No lawyer or law firm can fast track your claim. If you are told otherwise then contact your own lawyers.

Do you have a contract purchased in Spain, have you been told you have a “claim”, would you like to know if you do have a contract that does breach Spanish Timeshare Law and what your legal rights are?

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

Previous articles about Anfi

https://insidetimeshare.com/anfi-are-they-using-the-law-to-delay-payments/

https://insidetimeshare.com/the-tuesday-slot-legal-news-silverpoint-anfi/

https://insidetimeshare.com/?s=Anfi%3A+The+Story+Behind+the+News

Translations

Danish

https://insidetimeshare-com.translate.goog/tuesday-slot-court-news/?_x_tr_sl=en&_x_tr_tl=da&_x_tr_hl=en-GB&_x_tr_pto=nui

Dutch

https://insidetimeshare-com.translate.goog/tuesday-slot-court-news/?_x_tr_sl=en&_x_tr_tl=nl&_x_tr_hl=en-GB&_x_tr_pto=nui

Finnish

https://insidetimeshare-com.translate.goog/tuesday-slot-court-news/?_x_tr_sl=en&_x_tr_tl=fi&_x_tr_hl=en-GB&_x_tr_pto=nui

German

https://insidetimeshare-com.translate.goog/tuesday-slot-court-news/?_x_tr_sl=en&_x_tr_tl=de&_x_tr_hl=en-GB&_x_tr_pto=nui

Norwegian

https://insidetimeshare-com.translate.goog/tuesday-slot-court-news/?_x_tr_sl=en&_x_tr_tl=no&_x_tr_hl=en-GB&_x_tr_pto=nui

Swedish

https://insidetimeshare-com.translate.goog/tuesday-slot-court-news/?_x_tr_sl=en&_x_tr_tl=sv&_x_tr_hl=en-GB&_x_tr_pto=nui

Start the Week: Two of our old Friends are Back in the News

Welcome to the start of another week with Inside Timeshare, we ended last week with the latest news from the courts, today we begin with news of another appeal by Anfi being rejected. MacDonald Resorts will also be making a reappearance on our pages in the near future, today however we will give you a brief outline of our readers problems, for many, it will be a very familiar story.

The once respected Anfi

So, yet another frivolous appeal by Anfi Sales SL and Anfi Resorts SL has been roundly rejected by High Court Number 3 of Las Palmas, Gran Canaria. The news of this particular case arrived just after the publication of our Friday article.

The case which involves English clients was originally heard at the Court of First Instance Number 4 of San Bartolomè de Tirajana. At this hearing, the judge ruled that Anfi must repay the client full repayment of 30,883€ plus legal interest and return of their legal costs.

The contract which was also declared illegal and therefore null & void consisted of “floating weeks” that have been deemed illegal as they hold no value or substance. There was also no end date on the contract, so it was what is known as perpetuity. The law clearly states that contracts should be no longer than 50 years in duration and the termination date must be clearly shown.

The court also included in the repayment, double the amount taken as a deposit within the statutory cooling-off period. The point of the “cooling-off period” is to give the consumer the chance to cancel the contract without loss. As most of you will know, the sales process is lengthy and high pressure, the taking of the deposit tends to secure the “deal”, as most will not cancel in fear of losing the substantial deposits paid. This is something the sales teams of all timeshare have used to negate the “buyers remorse”, a term used in timeshare for those who want to cancel.

The High Court unanimously endorsed the original sentence and ordered Anfi to comply with these orders.

This client’s case will now be filed with the Mercantile Court to ensure they are accepted as “creditors” by the court-appointed administrator. This is due to the fact that Anfi Sales and Anfi Resorts have been placed into “necessary bankruptcy” by the Lopesan subsidiary Isla Marina SL. See the link below for the full story.

Once again this case was prepared and presented on behalf of the client by the lawyers of Canarian Legal Alliance.

https://insidetimeshare.com/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/

The Plas Talgarth Resort, located on the southern tip of Snowdonia National Park

We now move to the upcoming article on MacDonald Resorts, as our regular readers will know, Inside Timeshare has over the years published many articles on the disgusting “business” practices of this Scottish Timeshare Developer. One thing is very clear, they are probably one of the worst operators in the timeshare industry, even the RDO had to remove them from membership!

Our reader first contacted Inside Timeshare back in March, with pleas for help as MacDonalds had already begun to initiate court proceedings using their “legal bloodhounds”, Shepherd and Wedderburn, for so-called arrears in maintenance fees. Something we know that MacDonalds actively pursues even against the elderly and those in distinct financial difficulties. This history of “legal extortion”, as that is what it really is, has been going on for many years as all MacDonald “members” will have seen.

We did highlight this case back in March and it was passed to the BBC Radio 4 program You and Yours, unfortunately, because of the upcoming court case, they were unable to proceed with the program.

The case has now gone to court and we will be bringing you the full story from our reader, who had to give up his employment to become the sole carer for a very ill Father. Below is the initial message our reader sent in.

“In 2013, I signed what I thought was a document allowing me to use a timeshare unit at Plas Talgarth later that year.  As it happens, I wasn’t able to use that holiday, so it was all a waste of time and money anyway.  From then onwards, I have received an annual bill for hundreds of pounds from MacDonalds for a service fee.  I have told them repeatedly that I have never holidayed with them and never will.  I have never paid this fee and now they have taken me to court – even though I’ve never had a single night’s holiday with them!”

Once again we are seeing signs of deception on the part of the sales staff, our reader had no idea he was signing and purchasing a timeshare membership with MacDonalds. Inside Timeshare is working with our reader to ensure the correct information is published.

All that Inside Timeshare can say at this point is you will be horrified at this Nightmare on Timeshare Street.

Link to the last article on MacDonald Resorts.

https://insidetimeshare.com/macdonald-resorts-still-praying-on-the-elderly-and-vulnerable/

If you have any questions on your own timeshare purchase and contract, whether it is illegal and what your options are, either for a claim of relinquishment, then 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.