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Court of First Instance

Great News from the Courts to End the Week

We started this week with the article, Timeshare How it Has Changed and What is the Future? It seems it has caused some debate among our cousins across The Great Lake, one comment that did stand out on one platform was very surprising, in the past they extolled the virtue of points, now it is an about-face. Let’s hope the industry takes a close look at their product and sales techniques before it is too late. On Wednesday, we published Silverpoint: News from The Mercantile Court. It was our attempt to explain the situation without using too much “legal jargon”, from responses so far it seems to have succeeded. Well, it is a very complex subject, certainly worthy of a Hollywood Blockbuster. Yesterday, Timeshare: The Road to Being Scammed was a look at how the purchase of a timeshare began a series of scams against consumers. It was based on the many emails we have received over the years. We end this week with news of two more cases from the Spanish courts.

The first case, and no prizes for guessing who it is and what court, to be honest, these have become so boring, yes it is Anfi again!

The Court of First Instance in SBT originally declared the clients contract null & void, plus the return of the full purchase price of 8,435€ also adding a further 11,098 for illegally taking payment as a deposit within the statutory cooling-off period. Legal Interest and Legal Costs were also awarded.

Now, this is where we start getting bored. Anfi in their hair-brained scheme of things did what they always do, waste more of the courts time, plus all the costs involved, (we still wonder if the member’s annual fees are paying for all this), APPEALED!

The High Court Number 3 of Las Palmas, was once again tasked with dealing with this frivolous appeal from Anfi, they must be getting as bored as we are!

I think the answer to that question is in the court’s ruling, once again, the Judges dismissed the appeal and confirmed the original sentence.

In fact, the Judges agreed 100% with the sentence of the Court of First Instance, as they always do, and another result for the lawyers of Canarian Legal Alliance. They will now begin to proceed with the recovery of these funds through the Mercantile Court due to recent events.

The English client was represented by CLA Lawyer Eva Gutierrez and Cristina Batista, Claims Consultant Jake Kaiser liaised with the lawyers on behalf of the client.

We now travel around 1,400 km to the Court of First Instance Number 3 of Marbella, where the Judge presided over a case against Marriott, with MCVI Management and MCVI Holidays in the dock.

Following the letter of the law set down by the Supreme Court, commonly known as jurisprudence, lovely word that, sounds better in Spanish; jurisprudencia, and declared the contract null & void. Marriott was also ordered to repay over 26,300€ plus legal Interest.

The main point of the case was the contract exceeded the 50 years maximum allowed by Spanish Timeshare Law 42/98 & 4/12, being an unlimited duration contract with no end date.

We now wait to see if Marriott continues to be quick off the mark and pay the due sums into the court as they have been doing recently. Can’t help saying this, but, Anfi, take a leaf out of their book!

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

That’s all for this week, we hope you have found the articles informative and also enjoyable, at the moment there is nothing specific planned for next week, a few things in the pipeline but sometimes something catches my eye over the weekend.

Join us again next week and remember, if you have any comments or questions relating to the published article or you would like more information on the legality of your contracts, please use our contact page and Inside Timeshare will get back to you.

Have a great weekend.

Translations

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Tuesday Slot: Strange Calls and Good News for One Client

As usual, Inside Timeshare has been receiving many inquiries about the cold calls people are receiving, most of them giving bogus information and the usual scare stories. There are so many companies out there with new ones appearing on an almost daily basis, this makes the research into them a very time-consuming process. Because of this, Inside Timeshare will still be looking into any company that our readers ask about but each inquiry will be dealt with on a personal basis, so the long articles publicising them will be much fewer.

On the subject of “cold calls”, it now appears that several new entities are contacting clients who have been scammed by others with bad news, but there is some good news to go with it.

For those who have signed up with other companies for exit from the contract and a possible claim, and paid them in advance, they are now being contacted with the news that the company they dealt with is going “bankrupt”. This, in some cases, is just about a year before the contract the consumer has signed is about to end and the “promised refund” if the work is not completed by that time. Rather convenient that!

Now, the strange thing is, which many of our readers enquiring have not seemed to ask is “how did they know I signed and paid them?”

A very valid question that you should be asking.

The answer is very simple and it is not the one they will give you, they are all working together, one company is going to close and another is already set up and taking over the scam. It is also true in many instances that the companies are all owned and run by the same people.

The answer you are likely to get when asking where they got the information is likely to be “from the courts”, a lie that is used all too often. Another is that they are “taking over their clients”, but you are going to have to pay again and they will make a claim under Section 75 of the Credit Consumer Act to get your money back. That is if you paid by credit card, which, as we have seen, is getting very rare, most payments are done via a bank transfer, we have even known PayPal and Western Union to be used.

This is a very stark reminder that who you deal with is likely to increase your risk of further scams. Never take any call at their word, do your “HOMEWORK” first, if you don’t find anything or are just unsure of what you have found contact Inside Timeshare for accurate information, we are here to help.

Yesterday there was some more news from the courts in Gran Canaria, no, not Anfi this time, but Holiday Club.

In this case, the German clients won their case at the Court of First Instance, where the contract was declared null and void, with the return of the full purchase price plus Legal Interest and the return of their Legal Fees.

As was being expected, Holiday Club did an Anfi and appealed the decision to the High Court, but, to no avail. The High Court Number 5 of Las Palmas, as we have seen with all other appeals, dismissed the appeal and confirmed the original sentence of the lower court. All in accordance with the Timeshare Laws and the numerous rulings of the Supreme Court.

In just two months of that ruling, Holiday Club has paid the due amount to the court, a lot quicker than we see with Anfi, and the client has now received payment into their own bank account. A very welcome addition to their funds.

The case was prepared and presented by the Canarian Legal Alliance Lawyers Christine Ihmann and Adrian Diaz Saavedra Morales, with Claims Consultant Evi Richter assisting the client throughout the proceedings.

Another great result for the clients from those tenacious lawyers at CLA.

That is all for today, tomorrow we will be bringing you some important news from the courts regarding the “liquidation” of Silverpoint. This is a very difficult procedure for the Court Appointed Administrator, as the “tangled web” that has been woven by the various companies, all linked to Silverpoint, all are part of the Limora Group, and the movement of funds from one company to the other has made their job a lot more complicated.

This is also the subject of a criminal investigation being conducted by the State Prosecutors Office of Tenerife.

For further information on your legal rights in Spain and to find out if your contract is illegal, please contact Inside Timeshare using our contact page and we will get back to you.

End of the Week: Marriott Payout and The Greek Scam Continues

Welcome to the end of another week with Inside Timeshare, and what a week it has been, the announcement of the two Anfi sales companies being placed into administration and more Anfi appeals being dismissed by the High Court. We have also received the usual emails from concerned readers about calls and unsolicited emails they have received. But we begin with the latest news from the Spanish Courts.

Considering the moves by Anfi to delay paying out clients as ordered by the courts, the news received yesterday shows that not all timeshare companies are playing this game. Although in fairness, yesterday’s news that Anfi had paid the court as ordered, did come as a bit of a surprise.

In the Court of First Instance No 8 of Marbella, a contract with MVCI Management and MVCI Holidays was declared null and void with the court ordering the repayment of 24,264€. The order is for the payment of 9,964€ for the sum paid on the contract, the court also followed previous rulings from the High Court and more importantly the Supreme Court, by ruling that a further 14,300€ be paid in respect of deposits taken in breach of the statutory cooling-off period.

Following Marriott’s previous compliance with the Courts orders, the full amount has already been paid to the court. This means the German clients will be receiving their money very shortly and it also means that the lawyers will not have to go through the process of “enforcement of sentence”. For the client, this will be a great relief and they are also now timeshare free.

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

With the recent news that Diamond also complied very quickly with a court order, it does appear that some timeshare companies have seen sense and are no longer flouting the court’s decisions. The one factor which Inside Timeshare believes is the reason behind this move is that Marriott is a publicly listed company, with the takeover of Diamond by Hilton which is also a publicly traded company, they are ultimately responsible to their shareholders.

Moving on to one inquiry received, it would appear that our friends running the Eze Group Scam from Greece are still operating.

As you will see from the letters our reader has received they are still using the same Modus Operandi as before, stating that the Greek Government and Courts have uncovered the movement of funds from Eze Group. This has been seized by the authorities and they have used the Eze Group client list to bring a “Class Action Lawsuit” without the “clients” even knowing they are involved. The clients have not even instigated the action or retained any legal representation to bring such a case.

It should also be noted that in the letter, they state that, “You will be aware that you will have administrative obligations that are outstanding here in the Hellenic Republic.”  Then in the “court document,” it states “The Court of Cassation will instruct immediate settlement of the compensation to the accuser upon the completion of the Hellenic Republic administrative obligations of the accuser.”

This can only mean one thing, there will be some kind of payment to be made before the money is released. Going by other scams of this nature, it will more than likely be court fees or tax that is required.

The one difference we have noticed is they have stated in their letter to the client, we would rather use the term “victim”, that “This case was originally heard in another European member state where the initial crime took place, unfortunately these unscrupulous entities had moved all assets out of the original member state, therefore no compensation was available to recompense the victims.”

Well, we do know that at present there is no money to payout as the case which was heard by Birmingham Crown Court, is being investigated under “The Proceeds of Crime Act”. As far as we are aware this is still ongoing. If any funds were moved to Greece then they would have to be returned to the UK Courts due to the Proceeds of Crime Act. As for the Tenerife arm, there is no news from the courts or if the investigation has been completed.

This particular case really does show how careful consumers must be when receiving the calls or emails, The promise of money being held by the courts for cases you did not know you are a party to, is usually a dead giveaway that it is a scam.

If you are unsure of any call or email, contact Inside Timeshare and we will help you to check it out.

For further information on your own timeshare and if your contract is illegal, please use our contact page and Inside Timeshare will get back to you with information on your legal rights.

Have a great weekend and join us again next week.

Links to previous articles on the Hellenic Republic Scam.

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

https://insidetimeshare.com/update-eze-group-scam-coming-from-greece/

https://insidetimeshare.com/hellenic-republic-ministry-of-foreign-affairs-monster-clients-targeted/

https://insidetimeshare.com/end-the-week-news-from-the-courts-and-the-latest-on-the-hellenic-scam/

https://insidetimeshare.com/start-the-week-scammers-update-another-anfi-appeal-dismissed/