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Canarian Legal Alliance

Start the Week: Marriott Complies with Court Order

Welcome to the start of another week with Inside Timeshare, today we take a look at a case from the Court of First Instance of Marbella which, unlike many other cases we have been following, has been completed in record time. We have to ask the question why has this case only taken 10 months to go through the courts with the sentence issued and payment made to the court.

This case involved German clients who purchased two contracts with Marriott at Son Antem, with deposits taken within the statutory cooling-off period, along with a floating weeks system and contracts with a duration of more than 50 years.

The Court of First Instance Number 8 of Marbella declared both contracts null and void plus awarded the clients 49,084€ for the purchase. The court also in accordance with the Supreme Court rulings on the taking of illegal deposits ordered a further 32,124€ which is double the amount taken in illegal deposits.

In total the court has awarded 81,208€ plus the clients have also been awarded legal interest and the return of their legal fees.

In just two months of the judgement, Marriott has already voluntarily deposited the full amount with the court, making this one of the speediest cases we have seen for a long time. When we take into account the time to translate the documents, prepare the case, submit it to the court then the 8 months for the case to be heard once filed, we have a case that has probably taken just around 12 months from start to finish.

So why has this case with Marriott been so quick?

One part of the answer can be found in our articles published 2018 and again in March 2021, in these articles, we reported that Marriott, which is a public company, has to make a full report to shareholders and the Securities Exchange Commission. In these reports (which can be found on the links to the previous articles), Marriott admitted they are losing in the courts and especially the Spanish Courts.

Marriott also announced that it had set aside litigation expenses of $16.3 million in respect of cases in the US and Spain. We have so far not seen anything like this from any other timeshare company, let alone admitting they are losing.

This aside, there are also the tactics that are being employed by other timeshare resorts of causing delays with late filings at court, constant appeals, and arguments over minor points of the case. The main culprits using these methods are our old friends at Anfi and we have to say that even Club la Costa has used similar methods in the past.

What we have seen with these delaying tactics are the courts becoming very frustrated with the timeshare resorts, in many cases the High Court has increased the payment awarded, adding the legal fees where they had not been granted by the lower courts. These can be considered to be punishment by the courts and they are well within their rights to do so.

It should also be considered how much it must cost in legal fees to their own lawyers, to constantly appeal, counterappeal, and file representations as to why the case should not be heard.

Obviously, Marriott, having to report their finances to shareholders and the Securities Exchange Commission, having to justify any expenditure, and reduction in profits to shareholders is a major factor in what Marriott appears to be playing ball. All we can say is this is good news for Marriott members with cases at court.

This case was brought on behalf of the clients by Canarian Legal Alliance, with the Lawyers Aroa Farray and Christine Ihmann with Claims Consultant Evi Richter assisting the client.

Links to past articles

https://insidetimeshare.com/marriott-admit-losing-in-spanish-courts/

https://insidetimeshare.com/the-tuesday-slot-marriott-and-the-spanish-courts/

Translations

Danish

https://translate.google.com/translate?sl=en&tl=da&u=https://insidetimeshare.com/start-the-week-marriott-complies-with-court-order/

Dutch

https://translate.google.com/translate?sl=en&tl=nl&u=https://insidetimeshare.com/start-the-week-marriott-complies-with-court-order/

Finnish

https://translate.google.com/translate?sl=en&tl=fi&u=https://insidetimeshare.com/start-the-week-marriott-complies-with-court-order/

German

https://translate.google.com/translate?sl=en&tl=de&u=https://insidetimeshare.com/start-the-week-marriott-complies-with-court-order/

Norwegian

https://translate.google.com/translate?sl=en&tl=no&u=https://insidetimeshare.com/start-the-week-marriott-complies-with-court-order/

Swedish

https://translate.google.com/translate?sl=en&tl=sv&u=https://insidetimeshare.com/start-the-week-marriott-complies-with-court-order/

Start the Week: A Slow Return

Welcome back to Inside Timeshare, we intend to begin to publish new articles but not in the number previously, the return is going to be slow with at least two or three a week. Inside Timeshare would also like to thank our US friends for their help in preparing the weekly Letter from America which has helped to keep the publication going. Today we publish a quick roundup of court news over the past couple of months.

News from the courts comes in on a daily basis, since Inside Timeshare stopped publishing the courts have certainly been very busy especially the Courts of First Instance and the High Courts of Gran Canaria. 

High Court, Las Palmas de Gran Canaria

The bulk of the cases which have been concluded are against our old friends Anfi, these have been First Instance trials where the clients have had their contracts declared null and void. The courts have also ordered Anfi to repay in full plus interest the full purchase price, this includes the repayment in double any illegally taken deposit.

We are only at the beginning of July and there have already been two cases from the High Court where Anfi appealed the original sentence of the lower court. As we are all familiar with the Anfi tactics of appealing every sentence, it is clear the High Courts view this with disdain and have dismissed every appeal and confirmed the original sentence.

This case involving an English client, first went to the Court of First Instance where the contract was declared null and void plus the return of all payments. Anfi, as we have come to expect, appealed this decision to the High Court. Court Number 5 of Las Palmas again dismissed the appeal and confirmed the original sentence.

They confirmed the original award of 31,996€ plus legal interest and costs, this amount is 14,000€ more than the client originally paid and reflects the payment of double any payments taken illegally within the statutory cooling-off period.

The second appeal to be announced was once again from the High Court Number 5, where a Danish client had their original sentence confirmed once again dismissing the appeal from Anfi.

The contract was confirmed as null and void and the court confirmed the payment of 25,520€ plus legal interest and costs. Again we see the client receive 10,000€ more than they originally paid which reflects the courts following the law and ordering the repayment in double of any amount taken illegally during the cooling-off period.

Courts of First Instance Marbella

At the end of June, there were also two cases from the Courts of First Instance of Marbella involving Marriott.

Both cases are German clients who both had their contracts declared null and void with the return of their full payment.

The first client has been awarded 49,300€ plus legal interest and costs, this is 29,000€ more than they originally paid which is reflected in the doubling of the illegally taken deposit.

The second German client will receive 53,180€ plus legal interest and costs, in this case, the client receives 6000€ more due to illegally taken deposits.

These cases were prepared and conducted on behalf of the clients by the Lawyers of Canarian Legal Alliance.

It is very clear from these cases that the courts are following the letter of the law, by applying the payment in double any illegally taken payment, it is also very clear the appeal courts are upholding the sentences of the lower courts. This does make you wonder why these companies continue to lodge appeals.

That is all for today, once again Inside Timeshare apologises to our readers for the lack of articles and we hope to be running at full tilt in the coming weeks.

Marriott Lose Case and Deposit Huge Payment with the Court

Following on from yesterday’s article on the constant appeals to the High Court by Anfi and their attempt to either avoid or delay court-ordered payments, we today bring you the news of one company that is doing the right thing. Once again the timeshare company involved is Marriott Vacation Club. As we have published on several occasions, Marriott does appear to be acting in a much more responsible manner compared to Anfi, Club la Costa and Diamond.

At the Court of First Instance, Number 4 of Marbella, a German client of Canarian Legal Alliance has won his case against MVCI Holidays SL and MVCI Europe Limited.

The client’s contract which contained several infractions of Spanish Timeshare Law which have also been confirmed by 130 rulings from Spain’s Supreme Court was declared illegal and therefore null and void.

The main infractions were:

  • The contract was in perpetuity, when the law enacted on 5 January 1999 clearly states that contracts after this date must not exceed 50 years in duration;
  • Points and floating weeks are illegal as they contain nothing of substance, just the right of use subject to availability;
  • Taking of any payment within the statutory cooling-off period, even by a third party.

In her judgment, the presiding Judge Maria Jesus Lopez Navarro has not only declared the contract null and void but also ordered Marriott to repay the client 108,895€ The Judge also ordered that 33,448€ be added to the payment in respect of illegally taken payments with the statutory cooling-off period, this is double the amount taken as confirmed by law and the Supreme Court. The judge also ordered the payment of legal interest.

Anticipating the right of Marriott to lodge an appeal with the High Court against the sentence, the CLA Lawyers immediately applied to the court for a “provisional execution of sentence order”. This order forces the company to deposit the required funds with the court, thereby securing payment for the client 100%, pending confirmation of sentence by the High Court.

In this case, Marriott complied immediately by lodging this money with the court, a move we have seen in virtually all Marriott cases.

There are several reasons for Marriott’s stance, first, this reduces the amount of money they have to pay in increased legal interest which the court applies to the awarded amount. By depositing the awarded amount to the court immediately, stops any further accumulation of further interest payments.

It also saves any further increase in the awarded amount as the High Court does have the ability to increase this especially if they find that the appeal was frivolous and designed to delay or avoid payment.

The other reason is one we have mentioned before, Marriott is listed on the New York Stock Exchange, as a result, they have a legal obligation to report everything to their shareholders in their annual reports. In the last two reports we have published, Marriott did inform shareholders of the increase in litigation costs and the fact they had been losing in the Spanish courts.

Below is a link to our last article on this subject from 30 March 2021, this article also includes links to both reports to shareholders and the Securities Exchange Commission.

https://insidetimeshare.com/the-tuesday-slot-marriott-and-the-spanish-courts/

The case itself was prepared and presented by the CLA Lawyers  Oscar Salvador Santana Gonzalez and Christine Ihmann, with Claims Consultant Evi Richter assisting the client throughout the process.

Information has just been received of a massive victory for Canarian Legal Alliance and one of their Danish clients.

The High Court Number 5 of Las Palmas has confirmed the sentence of the Court of First Instance Number 2 of SBT against yet another appeal by Anfi.

Once again this court has dismissed the Anfi appeal and confirmed a massive award of 251,401€, this also included the payment of 38,925€ which is double the amount taken illegally as a deposit. Added to this will be legal interest and legal costs.

The illegal contract was also confirmed to be null and void in accordance with the original sentence.

The client’s case was prepared and conducted by CLA Lawyer Adrián Diaz Saavedra Morales with Claims Consultant Caroline Castro assisting the client.

It is quite clear the Courts of First Instance and the High Courts especially are following the law and rulings of the Supreme Court to the letter, it is just mind-boggling that these timeshare companies still believe the law is wrong and continue to appeal at every turn.

If you would like further information on this subject and whether you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

Translations

Danish

https://translate.google.com/translate?sl=en&tl=da&u=https://insidetimeshare.com/marriott-lose-case-and-deposit-huge-payment-with-the-court/

Dutch

https://translate.google.com/translate?sl=en&tl=nl&u=https://insidetimeshare.com/marriott-lose-case-and-deposit-huge-payment-with-the-court/

Finnish

https://translate.google.com/translate?sl=en&tl=fi&u=https://insidetimeshare.com/marriott-lose-case-and-deposit-huge-payment-with-the-court/

German

https://translate.google.com/translate?sl=en&tl=de&u=https://insidetimeshare.com/marriott-lose-case-and-deposit-huge-payment-with-the-court/

Norwegian

https://translate.google.com/translate?sl=en&tl=no&u=https://insidetimeshare.com/marriott-lose-case-and-deposit-huge-payment-with-the-court/

Swedish

https://translate.google.com/translate?sl=en&tl=sv&u=https://insidetimeshare.com/marriott-lose-case-and-deposit-huge-payment-with-the-court/