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Canarian Legal Alliance

Start the Week: More on MacDonalds plus News from the Courts

Welcome to the Start of yet another week in the murky world of timeshare, today in Spain we are moving into the next phase of easing the lockdown restrictions, giving us a lot more freedom and with more businesses being allowed to open, yet we are still seeing many being bullied by there timeshare companies. We have reported on the antics of Anfi in Gran Canaria, charging members “cancellation” fees for weeks they cannot take due to no flights and the closure of all hotels. They are also charging hefty fees to “rebook” these weeks and the most disgusting behaviour is the “blackmail” of only being able to save the week and receive a “voucher” if they sign a new contract. This is only the tip of the iceberg, we have also been highlighting the despicable conduct of MacDonald Hotels and Resorts, here is the latest from yet another reader and the “bullying” they are receiving.

Over the past few years Inside Timeshare has been following and reporting on the case of Mrs B and her ongoing fight against MacDonalds. This has now culminated with a move by Shepherd and Wedderburn, the “legal bloodhounds” employed by MacDonalds to take Mrs B (in her 90’s) to court for supposed “maintenance arrears”.

We have received the following from yet another reader who is also being threatened with legal action for arrears of maintenance for a timeshare which is impossible to get out of. MacDonalds will only “consider” allowing a relinquishment on the payment of four years, yes, four years, maintenance fees. Plus any arrears must also be paid, but unfortunately, the time has now passed to be “included in this year’s lottery”. That date was the end of April which we highlighted in several other articles.

Our reader has now received a letter dated 24 April 2020 from Shepherd and Wedderburn headed “Macdonald Resorts Ltd Arrears of Management Charges”, it also states that this a “LETTER BEFORE ACTION”. In other words, they are going to pursue this through the courts. 

One paragraph states “In the absence of payment, or an acceptable agreement to pay we will be instructed to raise court proceedings against you. If that is required, MRL shall also seek interest and legal costs in addition (which, if payment is made now, they will waive.)”.

In the letter Shepherd and Wedderburn add to the threat with the following: they are in the process of issuing court claims in England, Wales and Scotland, having issued “over 400 against members”. They also claim so far they have won 22 of the cases that have gone to court.

A point that many of our regular followers will recall from Mrs B, they also sent her “court documents” showing the judgements of the “County Court”, just to frighten her even more.

We Just wonder how many of these people will just pay up because of these threats, feeling they don’t stand a chance against a company the size of MacDonalds!

As we have said before on our pages even the MAFIA would be disgusted with this type of “EXTORTION”!

Last Friday was a very important day in Europe, it was the 75th Anniversary of the end of World War II in Europe. A celebration not just of victory but also the liberation of the whole of Europe including Germany from the tyranny of the Nazi’s. But even with these celebrations going on the courts in Gran Canaria were still working and issuing sentences.

Once again Canarian Legal Alliance has come up trumps (not the US president) for their clients, they began last week with sentences against Marriott and Anfi, then the news broke on the freezing of various Anfi accounts valued at over 600.000€ by Canarian Legal Alliance with the help of the Tax Authorities.

On Friday the Courts of First Instance Number 4 & 5 of San Bartolomé de Tirajana issued two more judgements against Anfi Sales SL and Anfi Resorts SL.

The clients in each case have been awarded 27,946.52€ and 30,413.39€ respectively, on top of this they have also been awarded legal interest and their legal fees. Both client contracts were declared null and void in accordance with Spanish law.

Not a bad end to last week, no doubt there will be many more coming our way this week.

To end today’s article, it would appear that our friends in Greece are still operating, as another reader has emailed with enquiries regarding a claim being made or rather already been dealt with in the Greek Courts. Once again there is a fee to be paid before the money can be released.

Although our reader did not give many details, the name he provided did ring the old alarm bells, Stavros Mpotsari. This name came up with the Hellenic Republic Ministry of Foreign Affairs which we highlighted back in January, the full article can be seen on the link below.

https://insidetimeshare.com/hellenic-republic-ministry-of-foreign-affairs-the-latest-eze-group-scam/

If you have any comments on this or any other article, Inside Timeshare welcomes them, if you have been contacted by any company with a story that sounds too good to be true and you would like to know if they are genuine, then please use our contact page and Inside Timeshare will get back to you.

Remember, doing your homework will stop you from being “scammed”.

The Latest News in Brief: Azure Services Limited in Liquidation and Anfi Funds Frozen

Today Inside Timeshare has been notified that Azure Services Limited, the sales and marketing company behind the sales of timeshare and vacation club memberships at the Radisson Blu Resort and Spa, Golden Sands in Malta has now filed for liquidation. Once again it is Alex Lawson of Alvarez and Marsal of the Cayman Islands who has been appointed administrator, as we know he and his company are behind the mass liquidations of all of the companies owned by the late Robert “Bob” Trotta. Inside Timeshare published the 6 part series on the liquidations of Limora Investments Ltd and other companies in the group and the reasons behind them, see the link to all the articles below.

https://insidetimeshare.com/?s=exclusive+breaking+news

Alex Lawson, Alvarez & Marsal

Back in December last year Inside Timeshare reported that Azure Services Ltd had ended the sales of timeshare, this resulted in the loss of around 80 jobs. Then in February of this year, we reported on the new product being launched, Azure X and Azure XP which replaced the discredited “investment” weeks previously sold.

https://insidetimeshare.com/timeshare-sales-end-at-golden-sands-malta/

https://insidetimeshare.com/azure-x-xp-what-is-it/

Lawson is now listed as one of the directors along with Joseph Fenech, it is also interesting to see who the shareholders are, Corinthia (Malta) Staff Services Ltd and Mediterranean Overseas Holdings Ltd. Joseph Fenech is also a director of Corinthia.

Mediterranean Overseas Holdings Ltd is also another company owned by the late Bob Trotta under the parent company the Limora Group.

It is understood that the Shareholders of Azure Services Ltd passed a resolution for the company to be wound up under a “creditors’ voluntary winding up” on 27 April 2020. This is one of the points on the “agenda” for the meeting via telephone conference call on 11 May 2020 which “creditors” will be voting on. This certainly does not leave people with much time to organise, could it be that the whole point is to rush the liquidation through?

The question that Inside Timeshare asks now is who are the “creditors?” Are they all those consumers who purchased the “investment weeks” and never received the rentals or the sales they were promised, or is it just another way of avoiding the possibility of legal action in the Maltese courts against Azure, just like Silverpoint in Tenerife?

As we receive more information it will be published here.

We now move to the latest breaking news involving Anfi and the freezing of over 600,000€ by Canarian Legal Alliance with the help of the Spanish Tax Authorities in order to repay clients what they have been awarded by the courts.

It appears that a TAX refund from 2018 to Anfi has been frozen by several of the courts of San Bartelomé de Tirajana, in order to pay around 22 clients who instructed CLA to take out legal action against Anfi.

The Eldiario article also goes on in detail about the emptying of all current accounts by Anfi Sales SL and Anfi Resorts SL, a move to avoid paying clients what the courts have ordered. This point is also under investigation by the Las Palmas Provincial Prosecutors Office resulting from a brief submitted by Eva Gutiérrez, a senior lawyer with CLA.

In a television news interview aired on TV1 sometime ago, Eva explained the work being carried out by CLA in identifying all the Anfi Accounts and tracing the movement of funds. The full news item can be viewed on the link below.

Eldiario article

https://www.eldiario.es/canariasahora/economia/Hacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

English Translation

https://translate.google.es/translate?hl=en&tab=rT&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Feconomia%2FHacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

German

https://translate.google.es/translate?hl=en&tab=rT&authuser=0&sl=es&tl=de&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Feconomia%2FHacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

Danish

https://translate.google.es/translate?hl=en&tab=rT&authuser=0&sl=es&tl=da&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Feconomia%2FHacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

Norwegian

https://translate.google.es/translate?hl=en&tab=rT&authuser=0&sl=es&tl=no&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Feconomia%2FHacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

Swedish

https://translate.google.es/translate?hl=en&tab=rT&authuser=0&sl=es&tl=sv&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Feconomia%2FHacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

French

https://translate.google.es/translate?hl=en&tab=rT&authuser=0&sl=es&tl=fr&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Feconomia%2FHacienda-Anfi-timesharing-turismo-deudas-clientes_0_1023648318.html

As we receive further information on both of these topics Inside Timeshare will publish it here.

If you have any questions or have any information on any subject published on Inside Timeshare which may be useful to others, please use our contact page and we will get back to you.

Start the Week: Great News from the Courts

Welcome to the start of another week with Inside Timeshare and the start of a little relaxation of the lockdown regulations. On Saturday 2 May, the restrictions on movement were relaxed and everyone was allowed to leave their homes and have a good long walk or run, although there are still restrictions in place it is just nice to get out and about. With that good news, we now move on to the news from the courts and more sentences being issued against various timeshare resorts.

Late on Friday we received the news of yet another victory in the courts against Marriott and their affiliated companies, MCVI Management SL and MCVI Holidays SL.

The case was brought on behalf of a German client of Canarian Legal Alliance, with the case being led by Judith Diaz Pascual and was heard at the Court of First Instance No4 in Marbella, Costa del Sol. The contract was as usual declared null and void as it was in breach of the Spanish Timeshare Law 42/98.


Judith Diaz Pascual

This case is very interesting as the client was awarded the original purchase price of 59,581.20€, with the judge awarding 73,829.99€ as a penalty for the illegal taking of deposits within the statutory cooling-off period. We are used to seeing double the amount of the deposit being paid back but in this case, this is a huge amount.

The total amount the client will now receive is 133,411.19€ plus the inclusion of legal interest. It will now be interesting to see how long it will take Marriott to deposit this amount with the court to be repaid to the client. If the way Marriott has been operating in past cases with voluntarily paying into the court before enforcement action is brought, it should not be too long.

First thing this morning the following news was received about six cases heard at the High Court of Las Palmas, with all these cases being presented as appeals.

The timeshare companies involved are Anfi Sales SL and Anfi Resorts SL, these appeals were launched on behalf of the clients by CLA. The reason is very simple, the Judges at the Court of First Instance did not award double the amount taken as deposits within the statutory cooling-off period.

The High Court has overruled these decisions of the First Instance Courts and has followed to the letter the rulings laid down by the Spanish Supreme Court. This is certainly a great decision for the clients.

In total the court has awarded for these six cases amounts to a staggering 374,274.72€ plus legal interest and all appeal costs.

As this was being written yet another ruling from the High Court No5 of Las Palmas has again overturned a previous ruling from the First Instance Court. At present we do not have the figures but it is known that the full purchase price, plus double the deposits taken with legal interest and appeal costs have been awarded. More on this when we get full details.

As we can see, even if the courts are not actually hearing cases at the moment, the wheels of justice still keep on turning with judges issuing sentences on cases heard before the lockdown came into place. Inside Timeshare will keep you updated on the latest news as and when it comes in.

Inside Timeshare is still receiving many emails from readers who have been contacted by Iconel Administration SL with the great news that the courts have awarded them a substantial amount of money. As usual, there will be fees to pay in order to release this money, the problem is the client never had a case in court and was totally unaware that any case had been to court.

As we have reported in many articles not just for Iconel but for all these “fake” law firms who claim they have been appointed by the courts to “trace” clients with money being held by the courts. This is a total fabrication, unless you have personally instructed a lawyer, paid the legal fees and have been informed that a trial date has been set with the possibility that you must attend, then there is no money being held by any courts.

Below are two articles on this company and the links with other dubious “fake” law firms, so if you have received a call or email with the wonderful news, do not believe it. Please use our contact page and let us know Inside Timeshare will get back to you.

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

https://insidetimeshare.com/its-friday-and-the-end-of-another-week/