At the end of last week Inside Timeshare published the name of the latest incarnation and member to the Litigious Abogados Family, Abogados El Paloma, today we bring you the latest information received. We now have the name and bank account details of their “fake” Procurator and a copy of the “fake” court document, again following the same old Modus Operandi. There is also news from the Court of First Instance at Los Cristianos against Club la Costa and also news of yet another Anfi payout.
We begin with the latest on Abogados El Paloma, as we reported last week the latest website to emerge in the Litigious Abogados Family has been identified, only a few months after being registered. We now have the name and bank details of the “fake” procurator.
The name of the procurator is Nicola Nonche Cirom, giving the address:
The bank details are:
IBAN: ES69 0049 4166 2722 1400 2596
With the beneficiary being the name procurator Nicloa Nonche Cirom.
The account is a genuine Santander account.
According to the letter received by our reader, the case is set to be lodged on their (our readers) behalf on the 8 September 2020 and they will inform them when the court issues a judgement. No doubt that will be within a week or so of that date if their past procedures are being followed. Then there will be a further demand for “tax” to be paid to release the money from the court.
This is a very well laid out fraud, they don’t ask for big sums just small amounts, but these small amounts end up being very large indeed with the constant demand for more “taxes” etc to be paid.
On Friday the Court of First Instance at Los Cristianos, Tenerife issued a surprise sentence against Club la Costa. The reason it was a surprise was the trial was only held on 9 September, with the court issuing their judgement within just 16 days!
The court has declared the contract null and void with the client being awarded over 21,000€ with the judge awarding double the amount paid as a deposit within the statutory 14 days cooling-off period.
Another important point, in this case, was that Club la Costa prior to the trial applied to have the case dismissed by the court on grounds of jurisdiction. This is nothing new for Club la Costa, they have continually opposed the jurisdiction of the Spanish Courts and Spanish law over their contracts.
According to their contracts, there is a clause which states that the contract is subject to “UK law” and the jurisdiction of “UK courts”, thereby denying the right of the purchaser to redress and the protection as a consumer under Spanish law.
There have been numerous rulings on this matter especially from the High Court of Malaga, which the court of Los Cristianos applied when dismissing Club la Costas claim. The high court has dictated that the clients purchased in Spain, the deposit was paid in Spain and the client is therefore entitled to the full protection of Spanish law.
Yesterday, news of yet another payout by Anfi was received, the English clients, in this case, will now be receiving over 47,000€ almost double what they originally paid. This also included double the amount taken as a deposit within the statutory cooling-off period.
This was an epic battle which saw the case being first heard at the Court of First Instance, then being taken on appeal to the High Court and eventually the appeal was heard by the Supreme Court. Both the client’s contracts, one with Monte Anfi and the other with Puerto Anfi have been declared null and void.
Both these cases were brought on behalf of the clients by Canarian Legal Alliance with Miguel Angel Melian Santana appearing against Club la Costa and Eva Gutierrez representing the clients against Anfi. The clients were assisted by the Claims Consultant Jake Kaiser.
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