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Barclay Partner Finance

The Tuesday Slot: Anfi and Airtours in the News

Welcome to the beginning of another week with Inside Timeshare, for those of you who were looking for our usual Start the Week, our apologies as due to circumstances beyond our control we were unable to publish on Monday. Today we bring you some more information on the Anfi attempt to make members sign the new contracts, a subject that has caused great concern and many enquiries to Inside Timeshare. We also bring the latest news from the courts which highlight Anfi and Airtours.

We begin today with the enquiries on the new Anfi contracts, a subject that has been highlighted over quite a period of time.

Back in June 2017, Anfi held a Special Meeting in which they put forward three options for a change in the contracts, this change was to bring all their illegal contracts within the law. This in itself is not a bad thing until you see the take up was not very good and they have since reverted to using some very underhand techniques to “force” members into signing.

In the past, the story was that they wanted to update their “database”, as members may wish to remove or add someone to or make revisions in the membership certificate. But to do this the new contract needs to be signed. A date of 31 January was set as the final date to complete this. Obviously since then, not many have done so and they reverted to other tactics. (See links below to previous articles).

This began when the current situation developed and travel was severely restricted with members unable to use their weeks. Many questions were asked if they would lose those weeks or carry them forward to 2021, which is what you would have expected.

Well, yes you could save those weeks and receive an “accommodation voucher” to be used in the future, but only if you signed the new contract.

In other words, sign it or lose the week you have already paid for in your maintenance fees!

So what is the reason behind this, it is very simple, Anfi is losing every single case in all the courts for illegal contracts which breach the timeshare laws. Now, remember, these laws came into force on 5 January 1999, yet Anfi along with other timeshare companies believed the new laws did not apply to them and they all continued to sell the same contracts as before.

By forcing members to sign the new contracts in this way, Anfi is attempting to stem the tide of some very disgruntled members from seeking legal redress, having their contracts declared null and void plus the return of the full purchase price plus double any illegal deposit taken within the statutory cooling-off period.

By signing the new contract you are signing away your rights to take any legal action, so it is nothing short of blackmail.

The other point that has been raised by our readers is even if you do sign the new contract, how is Anfi going to accommodate all those members, after all, they do appear to have more members than actual weeks available. We also have to ask what about this year, after all, there does not seem to be any let-up in the travel restrictions, with many members who will be unable to use last years or even this year’s weeks?

We leave you the reader to make up your own mind on those questions.

Now for some court news.

On Friday 8 January, Canarian Legal Alliance announced the “payment” Anfi has finally made to one of their German clients.

The case was originally won at the Court of First Instance with the contract being declared null and void with the client being awarded 9,520€ in respect of their purchase price plus a further 14,000€ for illegally taken deposits.

As we have come to expect, Anfi lodged an appeal with the High Court, once again this court rejected and dismissed the appeal and sent the case back to the original court for execution of sentence.

The client has now received 23,520€ into their own account and the case is now closed.

In a case against Airtours, another German client of CLA is now celebrating with 43,620€ plus legal interest and legal costs having now been paid into their own personal account.

The case was heard at the Court of First Instance of Las Palmas in May 2020, with the court declaring the contract null and void plus all the return of all money.

Unlike Anfi and many other companies, Airtours have paid out voluntarily without the need for lengthy proceedings to ensure compliance. So all credit to Airtours for their accepting the court’s decision and complying with the sentence.

This decision by Airtours has also saved a great deal of money in legal fees for appeals as well as not causing stress and anguish for the client. Maybe, all the other companies including Anfi should take a leaf out of their book!

Tomorrow we will bring you more news from the Azure Malta Action and Support Group in their efforts to bring Barclay Partner Finance to accountability. As we know, BPF is the main provider of finance for the timeshare industry, with sales reps brokering the loans to ensure they get the sale. We also know that no proper credit checks have been made and this has left many timeshare purchasers in severe financial difficulty (mainly retired and elderly people) because of all the lies made by the sales reps. More on this subject in tomorrow’s article.

If you would like further information on any item published or would like to know your legal rights, please use our contact page and Inside Timeshare will get back to you.

Links on the Anfi contracts saga

https://insidetimeshare.com/anfi-special-general-meeting-vote/

https://insidetimeshare.com/anfi-another-offer-to-members/

End the Week Roundup and the Latest on the CLC Liquidations

Welcome to the end of the first full week of 2021, although the news coming from around the world does not look good with increased restrictions on travel and more lockdowns, it doesn’t stop in the world of the timeshare scammers. In fact, judging by the number of emails received along with the comments posted on the various Fb groups, the number of calls seems to be increasing. Many are those which we have already highlighted, some are new, but, they do all have one thing in common, the scare tactics and misinformation. In today’s article Inside Timeshare once again warns Club la Costa members to be on their guard and to seek advice before engaging with any company that calls. First, we have a quick look at what we covered this week.

We began the week with yet another appeal by Anfi being rejected and dismissed by the High Court. This was the last sentence issued by the court just before Christmas, so it was very welcome news for that particular client.

On Tuesday we had a quick look at our old friends at Mindtimeshare who began publishing again a few weeks ago. Although much of what they posted was out of date, it does serve as a reminder of how careful timeshare owners must be.

We also published the latest information on the Financial Conduct Authority and their validation of the loan agreements brokered by Azure through Barclay Partner Finance. In these articles, we published a link to the Fb Group, Azure Malta Action and Support Group who are gathering other victims for a concerted effort to have the validation order overturned.

In another case surrounding the subject of jurisdiction, this time it was the turn of Diamond Resorts (Europe) Ltd. Once again the Court of First Instance Number 1 of Fuengirola ruled in accordance with all rulings from various High Courts that Spanish Law and Courts do have jurisdiction and the timeshare companies operating from Spain must comply with the law.

Yesterday, in another ruling made by the same Court of First Instance in Fuengirola, ruled in the case of Continental Resort Services SLU, which is a Spanish registered company Club la Costa sales branch, also claimed that their contracts were subject to the Jurisdiction of UK Law and UK Courts.

The judge ruled in accordance with all previous rulings and declared the contract null and void with the client being awarded over 41,000€ plus legal interest and costs.

This case was brought before the courts on behalf of a German client by Canarian Legal Alliance.

Staying with Club la Costa, as we have published previously, there are several Club la Costa sales companies which have now filed for liquidation. We have already been informed that this is being used by some unscrupulous callers to scare CLC members into signing up for relinquishments and claims.

They are claiming that members are going to lose everything due to the liquidations, what we can tell you is these liquidations will have no effect on your membership. It does, however, affect any member looking at making a claim against the sales company which sold them the product.

The companies which are now going into administration are:

Paradise Trading SL;

Club la Costa (UK) PLC  sucursal en España;

Continental Resort Services SL;

California Beach Hotel, S.A.U.

PDF copies of the Official Bulletin Announcements.

If you already have a case in the courts, having a case prepared our advice is to contact your law firm or lawyer for clear and precise advice to check if this affects you and your case.

If you are contemplating legal action against CLC then ensure that you are being told the correct information. If you would like any further information on this or any other timeshare matter, please use our contact page and Inside Timeshare will get back to you.

Have a good weekend and join us again next week for more on the murky world of timeshare.

Barclays the FCA and Azure: The Story Continues

Since the beginning of 2018, Inside Timeshare has been following the case of the Financial Conduct Authority’s validation of Barclay Partner Finance loan agreements brokered by Azure Services Ltd. As we know, Azure Services Ltd was not authorised or regulated to broker any loan agreements, yet Barclay Partner Finance approached the FCA to validate these “illegal” agreements to make them enforceable in law in the case of any defaults in payments. This has affected over 1,400 clients whose timeshare purchases were made using these loan agreements.

To recap, these loan agreements were made between 1 April 2014 and 24 April 2016 , the purpose was to finance the purchase of “investments” weeks at the Radisson Blu Golden Sands Resort in Malta. These “investments” were sold with the promise of rental income and a substantial profit from the resale of those weeks after two years.

This is the same “investment” product sold by Azure’s sister company Silverpoint (formerly Resort Properties) based in Tenerife, all are part of the Robert Trotta empire which all comes under the umbrella of Limora Investments Ltd.

Those sales have been the subject of many court cases in Spain and over 50 Supreme Court rulings, in every case the courts have sided with the consumer.

It is also a fact that Silverpoint, Azure and a myriad of other companies within the group have all filed for liquidation. The reason is very simple, it avoids the liability of legal action for the illegal selling of timeshare.

Virtually all of these sales were financed by Barclay Partner Finance, with all loan agreements being brokered by the sales staff, which in itself raises the question of “unfair relationship” between broker and lender.

It is also a fact that many of the purchasers through these loans were already retired or about to retire. So again it raises the question how were these substantial sums approved as we know for a fact that not one client Inside Timeshare has spoken with has ever or was ever asked to submit a full “income v expenditure” report. This is something which for any sizable loan needs to be done to ensure affordability of the repayments. (see link below on Shawbrook Bank).

By the FCA validating these agreements any client who is unable to afford the loan repayments due to a change in circumstances and then defaults, can be taken through the County Courts and receive a County Court Judgement. This also has a severe effect on any credit ratings.

Due to the FCA issuing the validation order, this has now left many vulnerable and mostly elderly people in a very difficult position. They have a loan agreement which they were promised would be paid off in 2 years from the sales of the weeks which never materialised.

To fight this decision many “consumers” have formed the Azure Malta Action And Support Group, which is located on Facebook. (link below).

https://www.facebook.com/groups/1152657598482168

Many of these members are already fighting their cases with the help of various law firms, some represented themselves, but due to the validation, they have come together to launch an appeal.

They have already sent a letter, a copy of which is on the PDF link below, to the following:

The Lord Chancellor Robert Buckland

The Right Honourable Robert Buckland, Lord Chancellor

Boris Johnson (PM)

Judge Herrington

Judge Timothy Herrington

The letter goes into great detail on how this product and the loan agreements were sold, the high pressure and lengthy sales presentations. They used techniques such as highlighting the investment into the hotel by two Manchester United players, this along with the fact that BPF was known and tended to be a trusted name, ensured that these non-existent “investments” looked very sound indeed. We do know from the Silverpoint scam, there was never any intention to begin any resales of these “investment” weeks.

This is a story which we are sure is not going away for some time, Inside Timeshare will be following developments and will publish any news on these pages.

If you have purchased through Azure between April 2012 and April 2014 with a BPF loan brokered by Azure, then you should contact Azure Malta Action And Support Group on the link above.

Letter to the Lord Chancellor Robert Buckland

Links to the full story in order of publication.

https://insidetimeshare.com/starting-the-week-2/

https://insidetimeshare.com/start-the-week-13/

https://insidetimeshare.com/fca-validate-azure-bpf-loan-agreements/

https://insidetimeshare.com/end-the-week-club-la-costa-name-change-and-barclays-acknowledge-repayment-of-interest/

General article on loan agreements

https://insidetimeshare.com/timeshare-loan-agreements/

Article on Shawbrook Bank admitting negligence on timeshare loan agreements

https://insidetimeshare.com/shawbrook-bank-announce-irregularities-timeshare-loans-similar-activities-usa/

If you purchased a timeshare using a loan agreement brokered by any timeshare salespeople and would like to know where you stand legally and what options are open to you, please use our contact page and Inside Timeshare will get back to you.