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Club la Costa

Start the Week

Welcome to the start of another week with Inside Timeshare, last week we published the story of Silverpoint and the news that the court-appointed administrator has completed his review of the liquidations. For Silverpoint and the past management team this was not good news, it now clearly leaves the door open for possible criminal charges to be brought. Unfortunately, we have heard from many readers on the proliferation of cold calls regarding not just Silverpoint but also Azure in Malta.

The nature of these calls is to entice owners into parting with huge sums of cash in order to make a claim against Silverpoint or Azure. As usual, the caller states that they will get the owner out of their contract with a termination and then make a claim, the only problem here is who are they going to sue?

Both these companies along with many others of The Limora Group are in the process of being liquidated, the major law firms involved in current cases are no longer taking on any new cases because of this. It is also a fact that very few cases have ever been through the Maltese Courts against Azure, the main reason for this has been the problem of jurisdiction. This is a problem we have seen with other companies, such as the jurisdictional arguments of Diamond Resorts and Club la Costa.

As we have seen in the past, any news will be used and twisted by the unscrupulous in order to get you to part with your cash, all on the promise of receiving back your full purchase price, from a company that is liquidating. So unless you already have a case in court with a genuine law firm your case will never get to court with any of these callers.

Moving on now to our old friends at Anfi, last week was not a very good one for them, losing at every turn. Not only have they lost in the Court of First Instance, they are also losing every appeal they lodge with the High Court.

In total the courts ordered Anfi to repay clients over 150,000€ in just a few days, this is without all the other payments Anfi will be liable for, such as legal interest and the repayment of clients’ legal costs. Then there are also Anfi’s own legal costs, paying their lawyers, and also the costs of lodging the appeals with the courts.

This does make you wonder what they are playing at, they lose every case in the First Instance, appeal to the High Court, and then lose those appeals, it really does not make any sense whatsoever. Could it be that the management at Anfi are just plain stupid or are they being duped by their own lawyers with dubious appeals?

That is one question we are unable to answer, what we do know is that all of this is a blatant attempt to delay paying clients what is rightfully theirs. In the end, it will not bode well for Anfi and the management team, especially with the Provincial Prosecutors Office making criminal investigations into the movement of funds between accounts, exactly the same as Silverpoint did. As they say, watch this space.

That is all for today, if you have any questions or comments on this or any other article, please use our contact page and Inside Timeshare will get back to you.

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/

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/