Browse Tag

Court of First Instance

Latest Court News & Fake Lawyers Update

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:

Calle Pildora 6, Edificio Lama 323A, 38006 Santa Cruz de Tenerife.

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.

If you have any questions about any article published on Inside Timeshare, you want to check if the company contacting you is genuine or even if you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

Mid Week Roundup

So far this week we have published the story on Marriott and the availability of weeks via various booking sites, these tend to be cheaper than the amounts paid by members in annual maintenance fees. This article was prompted by the many complaints received by Inside Timeshare from owners/members not being able to get the bookings they want due to “no availability”. We then published a warning on a new claims company C and J Legal Associates Ltd. As we reported this company has some rather dubious links. Even though the courts are now getting back to normal, so far we have received only two new results, as usual one is against Anfi, the other is against La Pinta Beach Club.

On Monday the Court of First Instance No 5 of San Bartelomé de Tirajana, declared another Anfi contract null and void with an award of over 18,000€

This is a very interesting case as it took less than a year, which also included the shutdown of the courts due to the pandemic. The pretrial hearing had to be delayed because of this, but when the preliminary hearing took place at the end of July, the judge on the evidence presented made the decision that a full trial was not necessary.

The evidence presented was sufficient for the judge to make a ruling in accordance with the Spanish Timeshare Law 42/98, that the contract which was in perpetuity was in breach of the maximum duration of 50 years allowed by law.

Once again the judge ruled in accordance with the numerous Supreme Court rulings on this subject, finding in favour of the consumer.

The following day at the Court of First Instance No1 of Arona, Tenerife, it was the turn of International Holiday Way Marketing to face the consequences of selling timeshare at La Pinta Beach Club in breach of the law. The contract contained the floating week’s system which guarantees the member absolutely nothing apart from a promise of accommodation subject to availability.

The contract was duly declared null and void with the client being awarded over 11,000€, so another happy ex-timeshare owner.

It now remains to be seen if Anfi does what they usually do and lodges an appeal to the high court to create more delays and stress for the client. We doubt if International Holiday Way Marketing will appeal, but we will have to wait and see.

Both these cases were presented on behalf of the clients by Canarian Legal Alliance.

On this note, Inside Timeshare has been made aware by several readers that many of the new “cold calling” “claims” companies are using tactics which can only be described as “dodgy”. In many of the calls, Canarian Legal Alliance is being accused of not taking clients cases to court, that it is all a sham and that no one has ever been paid. They also claim that CLA is dragging everything out and that the “cold callers” can get the case resolved within months.

Well, all Inside Timeshare can say is the cases we publish are genuine, the documents have been verified with their respective courts. CLA is doing the job they claim and with 130 successful cases at the Supreme Court (the only law firm to do so) proves the fact that they actually do the job.

We also know that cases can take a long time to be resolved, the wheels of justice do not turn very fast. It is also a fact that many timeshare companies resort to delaying tactics to draw out these cases with constant and frivolous appeals and motions to have cases dismissed on futile grounds.

The courts are fully aware of this and as we have seen with Anfi, extra penalties have been awarded against them in favour of the client.

Please remember that many of these new “companies” have only just emerged with websites and companies only registered a matter of ago, so ask yourselves one question, how can a company that has only been operating for a few months have all this success?

The answer is simple, they have not had any success, they have never relinquished a timeshare, nor have they ever had any cases in court. It is also very doubtful if they ever will, especially once they have your money!

If you have been contacted by any company and you would like to know if they are genuine, or if you would like to know your legal position and whether you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

REMEMBER, DO YOUR HOMEWORK FIRST!

Start the Week

Welcome to the start of another week, due to some minor technical issues Inside Timeshare was unable to publish for a few days, these have now been resolved. Last week was a very good week for some ex-timeshare owners with their long-awaited payouts finally arriving in their own accounts. We also issue yet another warning on the proliferation of “new” companies starting their “cold calling” campaign.

On Wednesday 2 September one German client received his court awarded payout from Palm Oasis Tasolan. In total the client was awarded 15,692.50€ which included double for the illegal taking of deposits within the statutory cooling-off period. The contract was also declared null and void.

In addition to the award, the client also receives back a further 7,537.83€ in legal costs and legal interest. The client was represented by the Canarian Legal Alliance Lawyers Eva Gutierrez and Adrian Diaz Saavedra Morales, with the Claims Consultant Jasmin Erhard assisting the client at all stages.

Palm Oasis Maspalomas Gran Canaria

The following day, news came in of another payout with a slight twist, this time it was Holiday Club who paid out the court-ordered 17,460€.

The Danish client’s case was originally heard in February with the court awarding the return of his purchase price, double any deposits taken within the cooling-off period and declaring the contract null and void.

The twist is that this payout considering the closure of the courts due to the lockdown has been received very quickly. The reason, Holiday Club respected the ruling of the Court of First Instance and did not appeal the decision, unlike many of the other resorts such as Anfi.

The client was represented by the Lawyer Eva Gutierrez with the Claims Consultant Michael Gadman assisting the client.

Last Friday 4 September was a great ending to the week for one Norwegian client, although it is only a partial victory at the moment.

The client has been paid 14,875€, this is only a small amount of the original 50,136€ which the courts ordered back in January when Anfi lost their appeal. There will also be legal interest to be added.

4 Sept

Let’s end the week with more good news for our Norwegian clients who will be receiving 14.875€.

As we know and have reported on these pages on many occasions, we know that Anfi continuously lodges appeals and uses other tactics in order to avoid making these payments. They have changed companies, changed bank accounts among other measures in this endeavour, but, unfortunately for them, CLA became aware of a tax refund received by Anfi.

CLA immediately applied to the court for these funds to be embargoed, the court immediately obliged and the money was duly embargoed.

We know that there is currently an investigation by the State Prosecutors Office into these matters, which could result in criminal charges, so the question is, why does Anfi continue to employ these tactics?

Well, if only we knew, we leave you the reader to draw your own conclusions to this question!

This particular case along with the application for the embargo was conducted by the Lawyers Eva Gutierrez and Cristina Batista with the Claims Consultant Michael Gadman assisting the client.

It is that time of year when many timeshare owners are starting to receive their maintenance bills, with many resorts sending them out early with a discount for immediate payment. This shows how desperate they are for your annual fees to be paid.

The problem now is the number of “new” companies that are emerging with some very strange tails. We have already explained in previous articles about the “arrests” of certain people, who according to the callers have been tried, convicted and jailed. This along with the claim that their personal assets have also been seized and being held by the courts for immediate payout to “victims”, is totally false.

It is also a fact that even when a court does seize assets of any company or individual, the courts do not employ or appoint any company or law firm to trace and contact any possible victims.

It is also very important for you the reader to get as much information as possible from these calls. One we have been informed about as an example which unfortunately the elderly person could not remember the company name, was supposedly from a company in Mallorca. The caller told them that they also had their head office in the UK, the only problem is the telephone number did not come from Mallorca but Tenerife!

If you are receiving these types of calls and would like help in identifying if they are genuine or not, please use our contact page and Inside Timeshare will get back to you.