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Canarian Legal Alliance

It’s Friday & We End the Week

Welcome to the end of another week with Inside Timeshare, this week began with the article A Little Known Name but Integral to Silverpoint. It is a name that has appeared over the years but was hidden in the shadows, attention was very much on others. The full story of Diana Aitchison and her involvement is only just beginning to surface.

On Tuesday we published yet another warning on the FAKE law firm from Tenerife stealing the good name and website of a rather prominent and respected lawyer from Madrid. The story of this FAKE law firm has been a regular feature over the years, highlighting the many changes of name, but, their recent use of genuine law firms names and websites has taken it to a whole new level of fraud.

The article on Wednesday was really prompted by the many emails received with questions about claims. Our readers were somewhat confused at what they were being told, one response to the article was just what we expected. One former Anfi owner was told he had a claim, it didn’t matter that he had not paid maintenance or received bills since 2006, with no contact whatsoever. He still had a case as the contract was illegal, to get a case in court it would cost £5000+ for legal fees. Our reader, we are glad to say, didn’t fall for that one.

There was no article on Thursday as it had to be shelved due to a legal settlement, all I can say is that it was mutually beneficial to both parties. Although it would be nice to publish a “good news” story, we respect the wishes for no publicity.

We now end the week with some news from the courts, yes, you have guessed it, Anfi once again takes a prominent part. But first, we begin with Silverpoint.

This is one company that is going to be in the news for quite some time, for one Norwegian client their battle with Silverpoint has moved a step closer to completion. The Court of First Instance of Arona has declared their contract null & void, which was to be expected considering the fraudulent nature of the Silverpoint products.

The Judge also ordered the client to receive 257,552€ plus legal interest and legal costs. This award included the payment of double the amounts taken illegally during the statutory cooling-off period.

Due to the liquidation process of Silverpoint, the clients lawyers will now be making legal representation to the Mercantile Court in order to secure the amount for the client. This is the first stage to becoming a “Confirmed Creditor”, now considering the amount to be repaid has been ordered by the court, I would have thought this was now just a formality.

Always in the News, for all the wrong reasons!

Moving from Tenerife to Gran Canaria, more specifically, Anfi and their constant appearances in the courts.

There was one result from the High Court this week, again it was due to another frivolous appeal by Anfi. I know this gets a bit boring, but the Judges at the High Court once again “DISMISSED” the Anfi appeal.

In their ruling they endorsed the original sentence of the Court of First Instance 100%, as we have stated before, this is all in accordance with Spanish Law and the rulings of the Supreme Court.

The client’s contract was declared null & void with the return of 54,749€ plus legal interest and legal costs.

At the Court of First Instance Number 4 of San Bartolome de Tirajana, an English client had their contract with Anfi declared null & void, along with the return of 22,055€ plus legal interest and legal costs.

Usually, we would say that we expect Anfi to appeal, but, due to recent events and the ordering of “necessary liquidation” by the Mercantile Court, we wonder if they can appeal?

Another case involving German clients was also heard at the Court of First Instance of SBT, this time Court Number 1. Again the judge in accordance with Spanish Law declared the Anfi contract null & void, also ordering the repayment of 54,749€ including interest and costs.

The same question as above also applies to this case, but the lawyers from Canarian Legal Alliance who represented the clients will be ensuring that these cases and awards are filed with the Mercantile Court

If you would like more information on any article published or just have a comment, please use our contact page or leave a comment on the appropriate article.

Have a great weekend and join us again next week.

Court News and Another Twist to the Litigious Abogados Family

Welcome to a rather short Thursday article. First, we have a look at news from the courts of two cases. Both companies are very familiar to our pages, Anfi and Silverpoint. We also report on the first information regarding our old friends in Tenerife, The Litigious Abogados Family, who appear to have resurfaced, this time using the name of a genuine law firm.

Our first court report is from the High Court Number 3 of Las Palmas and once again involves Anfi.

This case was originally heard at the Court of First Instance of SBT, where the contract was declared null & void with Anfi being ordered to repay the client 22,574€ plus legal interest and legal fees.

As we have come to expect from Anfi, they once again decided it would be a “great laugh” to delay everything and lodge an appeal with the High Court. Another waste of the clients, lawyers and courts time, not to forget the legal bill for their own lawyers.

The Judges at the High Court, following all other cases and the rulings of the Supreme Court, roundly dismissed and rejected their appeal. The original sentence was confirmed and is now being filed with the Mercantile Court and the Court Appointed Administrator for the payment of the awarded funds.

In Tenerife, the Judge of the Mercantile Court Number 1, Santa Cruz de Tenerife, after examining the contracts has declared them null & void, plus awarding the client 147,420€.

As Silverpoint is now under the Mercantile Court and a Court Appointed Administrator, the client’s lawyers will now file this claim with the Mercantile Court for payment along with all the other claims against Silverpoint which have been found in favour of the clients.

One thing that is similar to both cases is that both companies used the same techniques to avoid payments, both moved money from their accounts to others so when an embargo is placed, nothing is in the accounts for the court to take. Both are being investigated by the authorities for the illegal movement of funds.

In both cases, the clients were represented by lawyers of Canarian Legal Alliance.

Along with our friends at the TCA (Timeshare Consumer Association), we are investigating another use of a genuine law firm by scammers.

So far from the documentation we have received, it appears this is yet another incarnation from our old friends The Litigious Abogados Family, with a new “Procuradores” or “Procurator”, this one is called José Vazques.

It is to this person that the “victim/client” has to pay, the account is in the name of José Motoz Vazquez, the bank is Evo Banco and the IBAN ES30 0239 0806 7526 6701 5925. Any payment being made to a named individual is always a bad sign.

In the letter sent to the “client”, it is purportedly from a law firm in Madrid called Adarga Abogados, along with all the names and bar association numbers of their lawyers.

The website for the law firm which does appear on the letter is

https://adargaabogados.es/

but, the email addresses on the letter are:

[email protected] 

[email protected]

These are free email providers such as Hotmail or Gmail, the email address for the genuine law firm is linked to their website.

Inside Timeshare and the TCA are in contact with the genuine law firm with the TCA already having established they have nothing to do with the letter or with any timeshare related claims.

We have seen these people use pictures of genuine people with fictitious names in the past, the most notable of them is the use of the late 39th President of Venezuela and the Ambassador to Argentina. But now they are using a genuine law firms name and their website!

Our inquiries are ongoing and we will have a full report once all the information has been received. In the meantime, if you receive a call, text or email using the name Adarga Abogados, please let us know.

Once again this reinforces the point that you should not accept as genuine any call or correspondence you receive, without first doing your own due diligence. If you are not sure how to go about this, please contact Inside Timeshare and we will help you determine if they are genuine or not.

Do you have a timeshare you purchased in Spain, is your contract legal under Spanish Law, if you would like further information on this and your legal rights and options, please use our contact page and Inside Timeshare will get back to you.

The Tuesday Slot: Legal News, Silverpoint & Anfi

Welcome to The Tuesday Slot and yet another public holiday in Spain, this one is called Fiesta Nacional de España or Día de la Hispanidad. This National Holiday has its roots in 1492, it was on this day that Columbus first set foot in the Americas. So as you will have already guessed, everything is going to be closed today, that includes the courts. But we do have some news from the courts, one item about Silverpoint and the other is important information regarding Anfi and the administration of two companies.

First Silverpoint, as we already know, although Silverpoint is in the process of liquidation with the Mercantile Court, there are still cases running in the Civil Courts, these will be Courts of First Instance and The High Courts.

These cases are going ahead as the aim is to release clients from their timeshare contracts and in many cases as “shareholders” in the “Company Participation Scheme” set up by Silverpoint themselves.

This scheme was designed from the outset to deceive, many clients who bought “shares in these companies” believing they were purchasing weeks or actual properties are now stuck in a very complex situation. They have no control over these companies but they do have all the responsibilities that go with them. In our thinking, this should not have been a civil matter but is clearly criminal in its intent.

The Court of First Instance Number 4 of Arona, Tenerife, has had the dubious pleasure of studying these contracts in the past, declaring them null & void as with other timeshare contracts. In this case, the Swedish Client has also had their contract terminated plus the return of over 650,000€, this also includes double the amount of illegally taken deposits.

This client will now have their claim processed by the Mercantile Court along with other clients which Canarian Legal Alliance is representing in order to safeguard their rights to payment and be confirmed as creditors.

Moving now to Anfi, following on from our previous news of Anfi Sales SL and Anfi Resorts SL being placed into “necessary administration” by the Mercantile Court, the Boletin Oficial del Estado, which is the source for official announcements, has now issued their bulletin on this matter. As soon as a copy is available, Inside Timeshare will publish it.

The newspaper El Diario, yesterday published an article by Ivan Suarez on the liquidation of these two companies, which are subsidiaries of the Anfi Group. Suarez reports that at the end of September Anfi Sales and Anfi Resorts entered the process for “necessary bankruptcy”, this was at the beginning of 2020 and on the application submitted by Isla Marina SL, (a Lopesan subsidiary), the debt was huge and probably underestimated. This is maybe due to the fact that the court claims had not been factored in by the petitioner.

The Judge Alberto López Villarrubia, presiding at Mercantile  Court 1 of Las Palmas de Gran Canaria, ruled in his order that these companies were insolvent, that they were unable to pay these obligations from their accounts or from any ordinary income, (remember our articles on the movement of funds?) placing them in the hands of a bankruptcy administrator, he will supervise their accounts, control expenses, negotiate the return of debts and, ultimately, attempt to prevent bankruptcy and full liquidation.

One of the entities that may just become the “main creditors” is the law firm Canarian Legal Alliance, which represents around 1,300 clients with claims at various stages of the legal process, with an estimated total value of over 56 million euros. That is an average of 43,000€ per client.

CLA Lawyer Eva Gutiérrez, who is the leading expert on Anfi and its accounts has been instrumental in the investigation of movements of funds, She is confident these resolutions will be ratified by higher authorities and is working to ensure that all clients are represented and have their payments secured.


CLA Lawyer Eva Gutiérrez,

Inside Timeshare has been informed that CLA is contacting their Anfi clients with all the latest updates and have already begun to prepare these claims. They also report that their legal team is time-limited on preparing their request for “credit recognition” and presenting it to the court-appointed administrator.

More on this story as and when it comes in, no doubt there will be plenty in the coming weeks.

If you have a contract with Anfi and would like further information as to its legality and on taking out legal action to have the contract declared null & void plus the repayment of your purchase costs, please use our contact page and Inside Timeshare will get back to you. Investigate now before it is too late.

El Diario Articles by Ivan Suarez

https://www.eldiario.es/canariasahora/tribunales/despacho-abogados-calcula-56-millones-euros-deuda-grupo-anfi-clientes-timesharing_1_8387739.html

An insolvent company or “a dream” for the banks ?: two experts draw opposite realities of the Anfi Group

English translation

https://www-eldiario-es.translate.goog/canariasahora/tribunales/despacho-abogados-calcula-56-millones-euros-deuda-grupo-anfi-clientes-timesharing_1_8387739.html?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-GB&_x_tr_pto=nui

Translations

Danish

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

Dutch

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

Finnish

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

German

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

Norwegian

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

Swedish

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