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Canarian Legal Alliance

News on Thursday: Day 12 of Lockdown

Welcome to you all from our “house arrest” in Spain, we are now on day 12 (I think?), with the distinct possibility of another 15 days “lockdown” being implemented. Here in Gran Canaria the vast majority of citizens are observing the rules and staying at home unless it is shopping for essentials. Now that all the hotels and resorts have closed with all the tourists returning home the streets and beaches are now empty.

The normally bustling Puerto Mogan

Staying on this particular subject, last week a video was shared around Facebook and other social media of a UK tourist on holiday in Tenerife. She was seen swimming in the pool at the Paradise Park Hotel and it can clearly be seen that the pool is cordoned off.

She was informed by hotel staff that she should get out as use of the pool is not allowed. She refused and the police were called, she ignored them. In the video, one of the police officers strips down and then drags her to the poolside where another officer pulls her out. She is then handcuffed and taken away to the cells while using the usual profanities against the police.

She was held for 24 hours and the hotel refused her back in, they then left the island, she is on bail pending court appearances.

There is only one problem here, she is Joanne Rust, 53, from King’s Lynn, Norfolk and was the Labour candidate at the last election also being photographed with Jeremy Corbyn.

Not what you would call a very good example from a person who would be a representative of your local area. Unfortunately, her escapade has not really made a very good impression to the citizens of Tenerife of her fellow countryman. (see the link below for the full story and video).

https://www.euroweeklynews.com/2020/03/24/selfish-tourist-who-defied-spains-covid-19-lockdown-to-swim-in-a-hotel-pool-in-tenerife-revealed-as-a-hard-left-union-rabble-rouser/?fbclid=IwAR1W8bzGtDLV-O2h5x8HJ8FwJCgBv-SdccYD8mqVuZ4M1HBXiNDx4ki1U6g#.Xnn2ZBvPkeZ.facebook

Although there is a nationwide lockdown, some court staff are still working albeit with smaller teams, so although trials may have been suspended, the courts and the judges are issuing sentences from cases previously heard. Hopefully, this will clear the backlog of judgement waiting to be issued.

The latest were issued in the past few days, the first was a High Court win for a Swedish client against Holiday Club Canaries Sales and Marketing SL and Holiday Club Finland. The client’s contract was declared null and void and the court has ordered the return of over 17,000€.

In another case, a Norwegian client who won their case at the Court of First Instance has now received their payment, even though Anfi as always appealed the judgement.

In this case, the client’s lawyers Canarian Legal Alliance did not wait and launched immediate “Provisional Enforcement and Execution of Sentence”, resulting in the freezing and embargo of Anfi accounts. The client has now received over 31,000€ back into their own account.

So we now have another two happy and timeshare free ex-owners.

As we have reported over the past week or so, all hotels and resorts including Anfi have been ordered to close, this officially came into force today. But, there are still many comments appearing on various social media sites and forums by Anfi members about the attitude of Anfi.

In one post, the member stated that by mistake they have paid double the yearly maintenance fees for 2020. They have been trying to get the overpayment back since January, but, to no avail.

Anfi’s answer, that’s you paid for next year.

Considering the news of the Cazorla’s being taken to court for compulsory liquidation by one of their creditors, this should not be of any surprise to any of the members. In this post, the member has asked the question “who to contact and what to do?” Simple answer: sue them, after all, you mean nothing to them, you are just a source of income.

Another question being asked on these forums is one we have highlighted previously, this regarding cancellation of bookings.

The poster asks why Anfi has not made any direct contact with members regarding this, once again the answer is simple.

As we have reported Anfi is not interested in you, the members, they want to charge you to cancel, then charge you yet again to re-book the week if banked. Then don’t forget that to use this week you will need a “voucher”, but you can only get this voucher if you sign the new contracts Anfi have been trying to introduce over the past couple of years.

For all those who still believe that Anfi is the greatest, this should be a wakeup call that you mean nothing to them apart from your bank accounts. So far Inside Timeshare has not received or found any similar complaints or comments from any other timeshare company, as usual Anfi still believes they can do whatever they like and screw the members.

For further information on your legal rights and options, please use our contact page and Inside Timeshare will get back to you.

That is all for today, remember, observe the lockdown, maintain social distancing and stay safe.

Some News on Day 5 of Lockdown

Welcome to day 5 of the Spanish lockdown or “house arrest” as we prefer to call it, with plenty of videos being posted on social media of the main tourist areas with not a soul about. At least now the tourists who were ignoring the lockdown have finally realised that the police are not messing about and are staying in their hotels. In one video a woman who defied the rules and used the hotel pool (which was cordoned off) was arrested by National Police, she even had the audacity to ignore their orders to vacate the pool. But enough of that, today we report on a couple of news items that have filtered down from the courts, more comments and complaints from Anfi members.

Even with the courts suspending trials there still is some news filtering through, the latest was against Anfi. The case involving British clients was held at the Court of First Instance of San Bartolomé de Tirajana, where their contract was declared null and void. They were also awarded over £8,000 further details to be released.

Moving on to the Court of First Instance of Fuengirola on the Costa del Sol, this court has just rejected a “declinatoria” by Diamond Resorts.

The Declinatoria is a legal writ in which the resort petitions the court to reject the case on the basis that the court does not have jurisdiction to try the case as the contract does not fall within the jurisdiction of Spanish law.

In this case, the court in Fuengirola ruled that the Diamond contracts did, in fact, fall under Spanish jurisdiction and therefore are subject to the terms of Spanish Timeshare Law 42/98.

This particular move by Diamond and many other resorts is a common one with the sole intention of avoiding litigation under Spanish law. This ruling sends the message that the courts are now taking this matter seriously.

Both of these cases were brought on behalf of the clients by Canarian Legal Alliance.

Yesterday we published a report regarding Anfi and the policy of charging extortionate amounts per night for those members whose holidays are over, yet are stranded in Gran Canaria due to the “State of Alarm” which is in place. The latest are regarding the cancellation of bookings.

Today we publish some more comments and complaints from members on this subject.

The first is not so much a full-blown complaint but shows the concern this situation is causing to members. This reader has seen information that Anfi is to close yet there is no information or help from them forthcoming.

They are that concerned as they do not know what this means for them, they do not know what to do, even to the point of asking if they will end up “on the street”!

The next two complaints are very similar in nature, they are regarding the cancellation of bookings during the current crisis.

One reader asks “why do they have to pay 80€ to cancel their booking”, considering the situation and the fact that they may not even be able to get a flight, Inside Timeshare has to agree with them.

The second is what one reader has been told by Anfi regarding the cancellation of their booking, they will have to pay a cancellation fee, which is not given, plus they would be able to deposit their week for future use. This must be done by email before September 2020.

They are told that there is no charge to deposit the week, but, there is always a but, they will have to pay a fee of 91€ to re-book that deposited week. Although it will be valid until the end of 2021.

So even with the current situation of lockdown and the termination of many flights, Anfi seems determined to screw their members for every cent they can, this is not what people who have spent thousands to purchase this “exclusive” club membership deserve. At least in the current situation, these charges should be wavered and the costs per night should be reduced dramatically or even no charge at all.

As for the views of Inside Timeshare, this is what we have come to expect from Anfi so it is no surprise to us, customer and members service and care is obviously non-existent at Anfi.

In the end, they have screwed the members with the selling of illegal contracts over the years, they go out of their way to avoid paying what the courts have ordered and done all they can to prolong the legal process. So the question Inside Timeshare asks is do you really want to be members of this club knowing that they have no respect or regard for their members?

For further information on your legal rights and options please use our contact page and Inside Timeshare will get back to you.

It’s Friday and the End of Another Week

Welcome to the last article for this week and what a week it has been, the number of emails being received from readers who have had dealing in the past with Eze Group and ABC Legal and ABC Lawyers has been huge. All are coming up with the same story and unfortunately, some have been taken in and have now lost up to several thousands of pounds. We also give a round-up of the legal news from the courts around Spain this week.

We begin with the readers emails regarding Eze Group, ABC Legal and ABC Lawyers, as we have reported on these pages over the last year or so and especially recently, there are a number of companies that have emerged who are targeting the “victims” of the above companies.

All are very similar in that they inform the client that they have a case in court or the money is held by the court waiting to be claimed. The only problem is there is a fee to pay to either have the money released by the courts or for other “legal” fees such as translations.

The most disturbing fact about these companies is the links they have with each other and also with past “fake” law firms. The companies are:

O1C Leisure and Legal Solutions SL

Inconel Administration SL

Platinum Services and Administration SL

Litigation Services SL

The fact is the director of Platinum and O1C is Jose Miguel Muñoz Cañas along with the director of Litigation Services Calle Guden Daniel Ernesto are very much linked with past “scam” companies on the Costa del Sol:

Fastline Legal Services SL, Greenges 2005 SL and are also known to have been involved with the most notorious “fake” law firm Ramirez and Ramirez, along with the ex-director of Platinum Sharifi Dadvar Mahmoud Reza were also involved with other very dubious companies from the past:

Fuengirola Servicios 2002 SL

Key Property Town Advisory (KPTA)

The Justice Group Direct

Other factors are the shared addresses of these companies plus the fact they all come up with a very similar story, “we have been appointed by the courts”, funny thing is that is exactly what Ramirez and Ramirez said years ago!

See links at the bottom of the page for previous articles.

On Monday we published the news from the Supreme Court that they had rejected an appeal by Anfi on a sentence that went against them at the Court of First Instance and the High Court. This news confirmed that the Supreme Court which has issued 130 rulings on the timeshare law was not going to act any differently than before. They have ruled and set the laws which came into effect in January 1999, which needed to be tested, are now set in stone. This was a great blow to Anfi but a great result for the client and their lawyers.

On the 11 March, the news broke that Marriott who had lost a case at the Court of First Instance in Palma de Mallorca had lodged an appeal. This was then swiftly followed by Marriott VOLUNTARILY paying a considerable sum into the court in accordance with the sentence. It is believed that they have also withdrawn the appeal, we are awaiting confirmation of this.

This could also be in line with the announcement back in 2018 that they had set aside $16.3 million to cover litigation costs as they admitted losing in the Spanish courts. This was published in Market Exclusive.

This morning the news arrived of yet another bank transfer as ordered by the courts, this time it involves Anfi.

Due to the work of the Provisional Execution Enforcement Team of Canarian Legal Alliance, one German client is about to receive over 68,000€ plus his contract is now null and void leaving him timeshare free.

No doubt as the day goes on there will be more news coming from the courts which Inside Timeshare will publish next week.

All that remains is to say have a great weekend and remember to do your homework before engaging with any company that promises the world to you.

https://insidetimeshare.com/end-of-the-week-and-another-fake-firm-emerges/

https://insidetimeshare.com/start-the-week-more-consumer-warnings/

https://insidetimeshare.com/more-consumer-warnings/