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Canarian Legal Alliance

Wednesday News: Another New Fake Lawyer and More Woes for Anfi

Welcome to our Wednesday edition of Inside Timeshare, today we have a look at yet another “fake” law firm to emerge, once again it appears they are using the name and details of a genuine lawyer to give themselves credibility. This is another example of the theft of someone’s identity to commit fraud. We also have a look at the latest case involving Anfi in the High Court and a look at yet another article on the Tauro Beach Project.

First, we have a look at yet another “fake” law firm to rear its ugly head, during our usual morning search of the internet, we found this on the Mindtimeshare website, so Inside Timeshare decided to delve a little deeper into this “Law firm”.

The firm is called Cabrera Ayala Abogados with the website:

https://cabreraayala.com/

This was registered on 4 May 2020 and is due to expire next month on 4 May 2021, so again only registered for a short time. The registrant is also hidden so there is no clue as to who is behind the website.

The given address on the website is:

Calle Alejandro Casona 22 4B 28035 Madrid España

Email Adress:

[email protected]

Telephone: +34 931 845 020

Now considering they claim to be in Madrid, 931 just happens to be the code for Barcelona.

Mobile: +34 603 365 063

The information also includes the following information

Cabrera Ayala Abogados

With the Colegio de Abogados de Madrid registration number:

Colegiado nº 63893

On checking the Censo de Letrados, which is the register of all licenced and practising lawyers in Spain, we find that the actual lawyer is Jose Luis Cabrera Ayala. The address given on the registration is Calle Alejandro Casona 3 12 28035 Madrid. As you can see the address is in the same street but the numbers are different.

It is also noticeable that the mobile number given for the Genuine lawyer is +34 626 312 905, again different to the one shown on the website.

Doing a search for Jose Luis Cabrera Ayala came up with some very surprising information, this is a lawyer who seems to have a very respectable reputation and specialises in Sanitary Law, (health), so nothing to do with timeshare law or contracts. This information came from Emerita Legal, see link below.

https://www.emerita.legal/abogado/jose-luis-cabrera-ayala-84087

There is also a Linkedin page for this lawyer which also shows his rather illustrious career.

https://www.linkedin.com/in/jose-luis-cabrera-ayala-564a96177/

It is absolutely clear that whoever is behind this website has stolen and is using the identity of a respected lawyer for fraudulent purposes.

Again this enforces the point that you must be very careful when dealing with any company or law firm that contacts you or that you have found on the internet.

High Court of Las Palmas

Moving on to Anfi, they have once again lost another case in the High Court Number 5 of Las Palmas, yet another of their appeals to go down the swanny.

The original case brought on behalf of the Norwegian Client by Canarian Legal Alliance was heard in the Court of First Instance Number 2 of San Bartelóme de Tirajana. The contract was deemed illegal and declared null and void, the court also ordered Anfi to repay the client 48,197€ plus legal interest.

As was expected by the lawyers at CLA, Anfi lodged another appeal to the High Court, CLA Lawyers also launched an appeal of their own. This appeal was regarding the payment in double of deposits illegally taken within the statutory cooling-off period in line with the law and the rulings of the Supreme Court, due to the Court of First Instance who appeared not to have taken this into account.

The High Court as expected rejected and dismissed the appeal by Anfi and upheld the original sentence. The judges also accepted the appeal by CLA in regards to the doubling of the illegally taken payments, increasing the award by 45,654€ bringing the total to 93,851€ plus legal interest.

The case was prepared and presented by Eva Gutierrez with Caroline Castro assisting the client.

Yesterday, the TCA (Timeshare Consumer Association) published a short article on the Anfi Tauro Beach Project, a story that Inside Timeshare has been following for a number of years. In this article, they explain the long-running battle over this project with not only the local citizens but also the authorities.

The project has now been well and truly cancelled, it now remains to be seen if it is ever resurrected in the future or if the beach will be returned to its original state. Obviously Inside Timeshare will be keeping an eye on any developments and let you know.

If you require any information on any company regarding your timeshare or you would like to know your legal options be they a claim or just relinquishment, please use our contact page and Inside Timeshare will get back to you.

Start the Week: News from the Courts, Marriott and Anfi Lose Again

Welcome to the start of another week with Inside Timeshare, we start this week with news from the courts with Marriott and Anfi losing in all cases and a payment to a client from Anfi. Last week we highlighted a new “cold caller” and website which we believe to be another “lead generator” for unnamed “claims and exit” companies. Inside Timeshare received an email from a lady who answered an advert for “telemarketing” staff and gave Inside Timeshare some more valuable information.

As we explained in one of the articles, many of the staff are just ordinary people answering an advert for staff, with the situation regarding employment any offer of a job is welcome. Unfortunately, it is these people who are also being taken in by the less scrupulous of these operators, being told what to say and how to get you the timeshare owner to pay up and sign with their company.

Luckily, this particular reader realised within a few weeks that something was not right with this company and found them to be “dodgy”, terminating their employment immediately. The information supplied regarding Independent Timeshare Assistance is rather interesting.

It would appear that a person by the name of Chris Wilson, a name that does ring a few bells, is the one behind it and is actively recruiting new staff with more adverts, these also seem to be based in Portugal.

According to our information, these “clients” are being sought on behalf of a “law firm” based in Scotland. Well we do have our suspicions on who these are and they are not law firms, but more companies set up by ex-sales staff and sales managers from Diamond and others.

Again this does show how careful you need to be, not just as a timeshare owner but also an employee answering adverts for “call centre” staff, you may believe that it is a legitimate job, but you could also be fooled into working for a scam operation.

In a case that has set new records for the speed for the case to go through the courts, Marriott has lost another case at the Court of First Instance Number 4 of Palma de Mallorca. This case has taken a remarkable 6 months to be processed through the courts, a bit of a miracle to those who know the Spanish legal system.

The German clients of Canarian Legal Alliance had their contract with Marriott Vacation Club declared null and void, with the court ordering the repayment of 21,150€ plus legal interest and legal costs.

This also included the repayment of double the amount taken illegally as a deposit within the statutory cooling-off period, in accordance with the law and the rulings of the Supreme Court.

The case was prepared and conducted by the CLA Lawyers Adrián Diaz Saavedra Morales and Christine Ihmann, with Claims Consultant Evi Richter assisting the client throughout the process.

In another case against Anfi at the Court of First Instance Number 2 of San Bartelóme de Tirajana, a Norwegian client of CLA has had their contract with Anfi terminated and declared null and void. They have also been awarded 102,576€ plus legal interest and legal costs.

Again the courts recognised the illegality of the taking of payments within the statutory cooling-off period and awarded double the amount as established by previous rulings and the law.

The case was prepared and conducted on behalf of the client by CLA Lawyer Eva Gutierrez with the client being assisted by Claims Consultant Caroline Castro.

We end today with the good news received by one English client of CLA and their battle against Anfi coming to a successful conclusion. They have now received directly into their own bank account the full award of 17,551€ Anfi were ordered to repay by the courts.

The original case was heard at the Court of First Instance Number 5 of SBT, where the contract was declared null and void and the repayment to the client was ordered, as was expected, Anfi once again filed an appeal with the High Court.

The lawyers are now well aware of these tactics and as soon as the sentence is issued by the Court of First Instance they begin a “provisional execution of sentence”, this then secures the funds on behalf of the client until the sentence is confirmed by the High Court.

We all know that Anfi “plays” the game of appeal in order to delay payment, they are also known to “hide the funds”, in order to claim they have no money to payout. This is subject to an official investigation by the Provincial State Prosecutors Office, this may very well lead to criminal prosecutions.

Thanks to the diligent work and investigations of the legal team at CLA, this client received their payment from monies embargoed by CLA from a tax refund Anfi was supposed to receive. In the end, Anfi will pay, it is just a case of plugging away and “chasing the money-go-round”.

This case was prepared and conducted on behalf of the English Client by Eva Gutierrez with Claims Consultant Jake Kaiser assisting the client during the process.

That is all for today, if you have any questions or comments, or you would like information on a possible legal case or just how to exit, please use our contact page and Inside Timeshare will get back to you.

The Tuesday Slot: Another Cold Caller and More Losses for Anfi

Welcome back to Inside Timeshare after a long Easter Holiday Weekend, today we catch up on some of the news from the courts, once again involving our old friends Anfi. There is also an update on the Tauro Beach Project which has been published by Canarias 7. We begin with another cold caller to come to our attention, unfortunately, there is very little information which is rather disturbing.

The latest cold caller to come to our attention is Independent Timeshare Assistance, they have the website:

https://independenttimeshareassistance.com/

Which was registered on 25 October 2019 and is due to expire on 25 October 2021, again the registrant of the website is hidden by privacy protection. Never a good sign.

The only details they show on their website are their email address:

[email protected]

And telephone number which is a Hitchin, Hertfordshire code, although that does not actually mean they are based there:

Telephone: 01462381004

There is a very distinct lack of details on the website such as address and most importantly there are no company details such as company registration number.

However, the Home Page does state they are:

“A limited company by guarantee as well as being a “not for profit” enterprise we strive to help consumers make the right choices regarding the timeshare industry.”

Yet we have found no company registered at Company House for the name Independent Timeshare Assistance, so it would seem that their claim of being a “limited company” is false. As for being a “not for profit” company does also seem a little incredible considering the lack of details.

Looking at their website it would appear that this is yet another “lead generator”, but for who is not yet clear. So as usual Inside Timeshare would urge caution if called or you happen to find the website on the net.

We now move to news from the courts in Gran Canaria and yet more legal woes for Anfi.

On the first of the month, the High Court Number 5 of Las Palmas dismissed yet another appeal made by Anfi, upholding the original verdict from the Court of First Instance Number 4 of San Bartelóme de Tirajana.

The contract was declared null and void with the Court of First Instance ordering Anfi to repay the Dutch client 32,056€ plus legal interest.

Not only did the High Court agree and upheld the original sentence but they also demanded that Anfi also repay the clients legal costs. Once again we see Anfi lodge an appeal that has seen them lose and have added costs against them awarded to the client. It has also cost them with appeal costs and their own lawyer’s fees, so a very expensive exercise for Anfi.

The client was represented by The Canarian Legal Alliance Lawyers Eva Gutierrez and Christine Ihmann, with Claims Consultant Evi Richter assisting the client throughout the process.

The following day yet another appeal by Anfi to the High Court was dismissed and the original sentence confirmed.

The original verdict from the Court of First Instance Number 1 of SBT, declared the English client’s contract null and void ordering that Anfi repays 24,478€ plus legal interest and legal costs.

The case was prepared and presented by the CLA Lawyer Adrián Diaz Saavedra Morales with Claims Consultant Jake Kaiser assisting the client.

In another case in which Anfi launched an appeal with the High Court following a ruling by the Court of First Instance, the High Court confirmed the original sentence. This declared the contract null and void with the repayment of 20,916€ plus legal interest and also adding legal costs.

As usual, the lawyers at CLA Eva Gutierrez and Christine Ihmann began provisional enforcement of sentence proceedings, this obviously saved a great deal of time while the case was waiting to be heard at the High Court. In this case, the client has now been paid and the money is now safely in their own account.

Keeping with Anfi, we now return to the long-running story of the Tauro Beach Project, this story has been followed closely by Inside Timeshare for several years now and it still does not seem to have been totally resolved.

Canarias 7 reported on 4 April that the Supreme Court has confirmed the nullity of the “Special Territorial Plan” for the regeneration of the beach at Tauro, the building of the marina along with new hotels, a commercial centre and a new promenade linking Amadores Beach with Tauro.

As we reported in previous articles, there have been many discrepancies regarding the permissions for work to be started and carried out by Anfi in this area. The head of the Coastal Authority was dismissed and also convicted of serious charges, it is also a fact the sand for the beach was illegally imported from the Western Sahara, which is part of the sanctions put into place by the United Nations and the European Union.

The full story can be found at the following link.

Original Spanish

https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid=IwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c

English

https://translate.google.com/translate?sl=es&tl=en&u=https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid%3DIwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c

Danish

https://translate.google.com/translate?sl=es&tl=da&u=https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid%3DIwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c

Dutch

https://translate.google.com/translate?sl=es&tl=nl&u=https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid%3DIwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c

Finnish

https://translate.google.com/translate?sl=es&tl=fi&u=https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid%3DIwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c

Norwegian

https://translate.google.com/translate?sl=es&tl=no&u=https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid%3DIwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c

Swedish

https://translate.google.com/translate?sl=es&tl=sv&u=https://www.canarias7.es/canarias/gran-canaria/supremo-confirma-nulidad-20210404192042-nt.html?fbclid%3DIwAR186ZwSA3zKXGr-aRnomOPww8EM8N2hHspiwYGjAmHnVSYvB8hKWw4lW2c