Browse Tag

Courts of First Instance

Marriott: More Evidence to Circumvent Spanish Law

Recently Inside Timeshare published the article “Marriott Contracts Circumvent Spanish Laws”, today we reveal another example of this practice by one of the world’s major timeshare developers. Many operators have tried to get around the very strict timeshare laws which Spain enacted on 5 January 1999, by using various methods such as UK limited companies and the inclusion in the contracts of the clause that the contract is bound by and under the jurisdiction of UK laws and courts. This practice did work for a time as judges in the Courts of First Instance did not accept the case as they believed that UK jurisdiction did take precedence over Spanish Jurisdiction.

Last  September Inside Timeshare published the ruling of the High Court of Malaga. This court ruled that although the contract did clearly state UK law and jurisdiction with the sales agents being a UK limited company, they ruled that Spanish Courts did indeed have jurisdiction. The fact the purchase was made in Spain brings the sale directly under Spanish timeshare law.

Inside Timeshare has now received information from yet another reader of Marriott using this practice of selling products from their sales office at Marbella Beach Club but showing the sale as being elsewhere.

Back in 2005, this reader was on holiday around Marbella and was invited to attend a presentation at the Marriott Beach Club Resort, which they duly attended. After a fairly lengthy presentation, which we all know is all too common, our reader signed up for membership.

The presentation was conducted by the sales staff of MVCI Holidays SL, a Spanish entity registered at Marbella Beach Club based in Marbella. The purchase was for membership to Marriott Vacation Club International with the home resort being the Phuket Beach Club in Thailand. Well, this is not really a problem, after all, there are the internal exchanges as well as membership to Interval International which did give them, in theory, plenty of choices worldwide.

Marriott Mai Khao Beach Club Phukett

It is now that the problems come to light, this readers circumstance have now changed, the timeshare is no longer needed or being used. They were then contacted by several “claims” companies with the promise of using the Spanish legal system to recoup the purchase price and have the contract declared null and void as it was illegal under Spanish timeshare law.

They were told they had a very good case and were asked for a sizable amount for legal fees, they decided to investigate further as the company they were talking to had not even asked to see their documents. The whole process was done over the phone.

It is a good job they did decide to look into this, after contacting Inside Timeshare they emailed copies of their documents. We checked the documents with a leading law firm who informed us that there was not a case which could be brought in Spain using Spanish timeshare laws.

Although the presentation was made in Marbella the documentation is signed by a representative of Mai Kao Development Limited a Thai registered company and not of MVCI SL (Marbella).

The seller and sponsor being:

Maikhao Vacation Villas Limited.

The seller’s Agent:

MVCI (Thailand) Limited.

Marriott Ownership Resorts Inc Orlando Florida.

The only reference to Spain is the fact the presentation was made by MVCI SL, this according to the lawyers precluded any case from being filed in a Spanish court.

When we consider the last article where the purchaser who thought they had a membership with Marbella Beach Club but in fact with a resort in Virginia, this does now look like Marriott knew exactly what they were doing. We also have to remember that this is only 6 years after the enactment of the new timeshare laws which prohibited the sale of any timeshare in Spain with a contract of more than 50 years or which included points or floating weeks systems.

Was this a very deliberate and premeditated attempt to circumvent the laws of one country by using entities not associated or registered with it?

We leave you the reader to decide, Inside Timeshare believes it was.

Have you purchased your timeshare with Marriott, have you been contacted and told you do have a valid case?

Do you want to know if what you have been told is true?

If so, please use our contact page and get in touch, Inside Timeshare will get back to you and point you in the right direction.

Link to previous Marriott article.

https://insidetimeshare.com/marriott-contracts-circumvent-spanish-laws/

The Tuesday Slot: Embargoes Proving Successful for Clients

Over the past few months Inside Timeshare has been highlighting several stories regarding legal moves to embargo accounts and property from various timeshare resorts. These have been a result of the timeshare companies using tactics to avoid paying clients back the money awarded by the courts. The tactics used have been constant and frivolous appeals to the High Courts after the sentence of the Courts of First Instance have been issued, this has given the timeshare companies the time to move funds from the accounts of the named companies on the indictments.

Anfi

These tactics have also been highlighted on Spanish National Television News TVE 1 and also in several major Spanish newspapers. These stories have also been published on Inside Timeshare and can be found at the links below.

The main culprits of these delaying tactics are Anfi and Silverpoint, which as you will see from the articles have also come to the attention of the State Prosecutors Office in Gran Canaria and Tenerife. One of the main focus points of the investigation is the “Obstructing of Justice and Frustration of Execution of Sentences”, due to the fact that funds are being moved from one account to another, so when an embargo is placed on an account there are insufficient funds to payout. The Prosecutors Office sees this as a flagrant criminal move by the timeshare companies.

Hollywood Mirage (Silverpoint)

But, moves have already been made to thwart this and the liquidation of the companies such as Silverpoint by extending the embargoes to the properties at the resorts. Already many properties have had an embargo put into place to secure the client’s money and ensure they get paid.

The law firm behind this is none other than Canarian Legal Alliance, who have made their own investigations into the relationships between all the companies involved in the moving of the funds. They are also working very closely with the Prosecutors Office and furnishing them with the evidence.

This morning CLA released information on another happy client finally receiving his payment into his own account. The UK client has now received over 25,000€ including plus the return of all legal fees and legal interest.

The client’s contracts with Hollywood Mirage and Club Paradiso have also been declared null and void leaving the client timeshare free.

The latest payout ordered by the court.

All this is due to all funds being blocked by CLA’s enforcement team using the court-ordered embargoes. This should leave clients in no doubt that the lawyers at CLA are working to ensure that they get the justice handed down by the courts.

If you would like further information on this or any other subject published on Inside Timeshare, or you would like to know if you have an illegal contract, then please get in touch using our contact page. Inside Timeshare will get back to you and point you in the right direction.

Links to previous articles from Inside Timeshare

https://insidetimeshare.com/anfi-hits-spanish-television-news/

https://insidetimeshare.com/breaking-news-prosecutors-office-denounces-anfi/

https://insidetimeshare.com/timeshare-companies-highlighted-in-spanish-news/

https://insidetimeshare.com/el-diario-publishes-another-article-on-silverpoint/

Start the Week

Welcome to the start of another week, we begin this week with the article published in the Norwegian Business Magazine, Kapital This paper has already in the past focused on many cases regarding timeshare and especially Anfi. Back in 2016, this very same paper published the story of Mrs Grimsbo and her case against Anfi, which was conducted by Canarian Legal Alliance. Now Kapital has picked up on the news about Anfi being investigated for fraud.

As we already know the news that the State Prosecutor in Gran Canaria has instigated a criminal investigation around the movement of funds was published only recently in El Diario, El Dia and also Inside Timeshare. It was also the subject of a news item in Spanish National Television new TVE1.

Inside Timeshare will not go into detail today but the links below will give you the full story in excellent detail.

Kapital article in English

Kapital article in Norwegian

We stick with Anfi for our next snippet, at the end of October Anfi had another bad Tuesday in the courts. At the High Court in Las Palmas another timeshare owner is now Anfi free, the court declared their contract null and void also awarding them 161,598€ plus all their legal fees.

The case was brought on behalf of the client by Canarian Legal Alliance.

CLA also issued their end of October review of the performance of their legal department.

  • There were 60 New Trials and Hearings.
  • 40 sentences from the Courts of First Instance and the High Courts.
  • In all CLA recovered around 1,600,000€ on behalf of their clients.
  • There were 35 new claims delivered to the Spanish Courts.
  • They also worked on 96 appeals cases for cases they originally won in July and September.
  • On the executions and enforcements of sentences, the instituted 26 provision enforcement orders.

It certainly looks as though the CLA lawyers and staff have been very busy.

Over the weekend Inside Timeshare has received many more enquiries regarding claims companies and law firms making contact with owners. Unfortunately, most of them have appeared on our pages with many warnings, such as Solutions SL, CUC Abogados, SG Abogados, Litigation Service SL and Platinum Service and Administration SL.

All have a very similar story, the courts have appointed them to help you the consumer to retrieve money being held by the courts after dealing with various other companies and timeshare. We have said this before, these are all scams to get hold of your hard-earned cash.

If you are contacted by any company and want to know if they are genuine, then use our contact page and we will help find out. It costs nothing to ask and better safe than sorry.