Welcome back to Inside Timeshare, we intend to begin to publish new articles but not in the number previously, the return is going to be slow with at least two or three a week. Inside Timeshare would also like to thank our US friends for their help in preparing the weekly Letter from America which has helped to keep the publication going. Today we publish a quick roundup of court news over the past couple of months.
News from the courts comes in on a daily basis, since Inside Timeshare stopped publishing the courts have certainly been very busy especially the Courts of First Instance and the High Courts of Gran Canaria.
The bulk of the cases which have been concluded are against our old friends Anfi, these have been First Instance trials where the clients have had their contracts declared null and void. The courts have also ordered Anfi to repay in full plus interest the full purchase price, this includes the repayment in double any illegally taken deposit.
We are only at the beginning of July and there have already been two cases from the High Court where Anfi appealed the original sentence of the lower court. As we are all familiar with the Anfi tactics of appealing every sentence, it is clear the High Courts view this with disdain and have dismissed every appeal and confirmed the original sentence.
This case involving an English client, first went to the Court of First Instance where the contract was declared null and void plus the return of all payments. Anfi, as we have come to expect, appealed this decision to the High Court. Court Number 5 of Las Palmas again dismissed the appeal and confirmed the original sentence.
They confirmed the original award of 31,996€ plus legal interest and costs, this amount is 14,000€ more than the client originally paid and reflects the payment of double any payments taken illegally within the statutory cooling-off period.
The second appeal to be announced was once again from the High Court Number 5, where a Danish client had their original sentence confirmed once again dismissing the appeal from Anfi.
The contract was confirmed as null and void and the court confirmed the payment of 25,520€ plus legal interest and costs. Again we see the client receive 10,000€ more than they originally paid which reflects the courts following the law and ordering the repayment in double of any amount taken illegally during the cooling-off period.
At the end of June, there were also two cases from the Courts of First Instance of Marbella involving Marriott.
Both cases are German clients who both had their contracts declared null and void with the return of their full payment.
The first client has been awarded 49,300€ plus legal interest and costs, this is 29,000€ more than they originally paid which is reflected in the doubling of the illegally taken deposit.
The second German client will receive 53,180€ plus legal interest and costs, in this case, the client receives 6000€ more due to illegally taken deposits.
These cases were prepared and conducted on behalf of the clients by the Lawyers of Canarian Legal Alliance.
It is very clear from these cases that the courts are following the letter of the law, by applying the payment in double any illegally taken payment, it is also very clear the appeal courts are upholding the sentences of the lower courts. This does make you wonder why these companies continue to lodge appeals.
That is all for today, once again Inside Timeshare apologises to our readers for the lack of articles and we hope to be running at full tilt in the coming weeks.