Browse Tag

Courts of First Instance

End the Week

It is the end of another week with Inside Timeshare and what a week it has been, we started with a story from one consumer and their experiences with Azure Resorts and Barclays Partner Finance. This was followed on Tuesday by the article on the FCA, BPF and Azure recap, in this article we asked some very important questions as to the capability of the FCA to do the job it is charged with. That job is in essence to ensure the protection of consumers, but as we have seen from the Jeff Prestridge article in This is Money, they are not trained or have the necessary knowledge of the job they are tasked with.

On Wednesday we brought you some news from the courts, these featured cases brought by Canarian Legal Alliance, M1 Legal and the independent lawyer Javier Correa.

CLA’s and Javier’s cases were all centred around Anfi, in all the cases the clients won in the Courts of First Instance with the contracts being declared null & void with the return of the full purchase price.

As we have come to expect, Anfi appealed these judgements to the High Court, which as they have done in all previous appeals, dismissed and rejected the appeal confirming the sentence of the First Court.

The client’s lawyers, who always expect Anfi to appeal, immediately place a “provisional execution order” with the court once the sentence is issued by the judge of the Court of First Instance. This saves time and if Anfi does not payout voluntarily then embargos are put into place.

We then highlighted some cases brought by M1 Legal, these were hearings on the problem of “jurisdiction”. Many timeshare companies have included in their contracts a clause which states that the contract is “subject to UK law and the jurisdiction of UK courts”.

In these 11 cases, the courts agreed that Spanish law and the jurisdiction of Spanish courts take precedence. That consumers who purchased in Spain, paid a deposit in Spain and in most cases the resorts are located in Spain are fully protected by Spanish law.

This is just another blow to the timeshare industry which still believes they are above the law and untouchable. Sorry to disappoint you but those days have long gone.

Thorn in the side of Anfi

We end today with the latest news from the courts, with both cases being brought by CLA.

At the Court of First Instance Number 1 of SBT, a German client’s contract has been declared null & void with the court ordering Anfi (once again), being awarded 16,803€ plus legal interest. There was also an additional award of 12,252€ in respect of the illegally taken deposit, this is double the amount taken within the statutory cooling-off period.

Just to be clear, Anfi once again launched an appeal with the High Court, which was obviously anticipated by the lawyers who also placed a “provisional execution order” in place.

The High Court which as you have already guessed, dismissed and rejected the appeal, supporting and confirming unequivocally the sentence of the First Court

In a second case, again against our old friends Anfi, the Court of First Instance Number 4 of SBT, once again found in favour of the client. They declared the contract null & void with the return of 33,379€ plus legal interest.

This amount also included double the amount paid as an illegal deposit which amounted to 11,760€.

No doubt, the lawyers have already placed a “provisional execution order” with the court as we do expect Anfi to launch yet another time-wasting and frivolous appeal. Well, we know where that is going to end up!

A message to Anfi, just give up, you know you are going to lose every time!

Anfi Directors?

That is all for this week, join us again next week for more news and information about the murky world of timeshare.

Have a great weekend.

Supreme Court Dismiss Anfi Appeal

Today we bring the news of yet another Anfi appeal being rejected and dismissed, this time not by the High Court of Las Palmas (Appeals), but by the highest court in Spain, Tribunal Supremo or the Supreme Court based in Madrid. As we already know it was this court which returned a landmark verdict in the 2015 case of Mrs Tove Grimsbo and her case against Anfi. That ruling lay the groundwork for all subsequent rulings of which Canarian Legal Alliance already has 130, it was legal history and changed the way the timeshare laws were interpreted once and for all.

Back in 2015, when the Supreme Court heard the very first timeshare case, all eyes in the legal profession and the timeshare industry were on the court and this landmark case. It all began in the Courts of First Instance and then passed to the High Courts with many appeals. It was the first time that the timeshare laws brought into force in January 1999 had really been tested.

Eventually, the Supreme Court ruled in favour of Mrs Grimsbo and the rest, as they say, is history. (See link below for a rundown on this story).

Since that momentous day in 2015, there have been many more rulings and clarification of the law, this has not been welcomed by the timeshare industry with even the trade body the RDO (Resorts Development Organisation) claiming the courts have interpreted the law wrongly.

All we can say to that is after 130 rulings it is the industry and the RDO who are wrong.

Anfi Resort

As you, our readers are very much aware, Anfi has been conducting what can only be described as “delaying tactics” all designed at making the litigation process as long and difficult for the clients as possible. This has resulted in appeal after appeal, all of which are being dismissed and returned to the original courts for the execution of sentence.

This is the latest appeal to have gone against Anfi, this time it was the Highest Court in Spain who rejected the appeal.

Anfi obviously felt justified in challenging rulings at the Supreme Court again, the very court which since 2015 has set very clear, decisive and rulings which are totally unambiguous on every occasion. The reason why Anfi launched this appeal, your guess is as good as mine, but, we do suspect that it is totally in line with their attempts to buy time and delay the inevitable.

The Supreme Court not only rejected the appeal made by Anfi, but they also refused to study the appeal. The panel of Judges could see no benefit in doing so, as far as they are concerned there is no conflict between the previous rulings of the court along with its application by both the Courts of First Instance and the High Courts

In this case, the Swedish clients represented by Lawyers from Canarian Legal Alliance, have now had their case returned to the original court for execution of sentence, with the sentence confirmed by the Supreme Court.

The client’s contract has been declared null and void, with the court awarding 120,000€ plus legal interest. This also included double the amount for payments taken illegally within the statutory cooling-off period.

This is now the end of the case apart from the execution order and the eventual payout to the client, there are no further grounds open to Anfi for any appeal.

The case was prepared and presented by the CLA Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Michael Gadman assisting the client during the process.

It is now very clear to Inside Timeshare and to our regular readers that Spain’s courts are most definitely on the side of the consumer when it comes to timeshare purchases, as we have stated before the industry only has itself to blame for their woes at this time. Anfi is trying to correct this situation with their contracts, but, as we have come to expect they are doing this in a very underhand way.

As we have reported for the past few years, Anfi is trying to entice members to sign the new “legal” contracts, the problem is since the start of the pandemic situation, Anfi has used this to “blackmail” members into signing.

For those who have lost their weeks this year due to Anfi being closed, the restrictions on travel and the cancellation of many flights, Anfi made the following offer to members:

They can claim a voucher to save this year’s week and use it next year (that’s if everything returns to normal), sounds great until you discover the terms and conditions of receiving this voucher.

In order to save your week or weeks, the only way to get the voucher is to sign the new contract which legalises it to conform with the law. This in itself is not a bad thing until you realise why they are doing it, the moment you sign the new contract you lose all your rights to make a claim through the courts for the mis-selling of the product and the illegal contract.

If that is not “blackmail”, well I don’t know what is.

Do you have an Anfi contract and are looking to terminate and get your money back?

If so and you would like to find out if it is an illegal contract and what your options are, then please use our contact page and Inside Timeshare will get back to you.

End the Week

It’s the end of another week and time to have a relaxing weekend to recharge the old batteries. This week Inside Timeshare began with an update on the latest incarnation of our old friends the “FAKE” Litigious Abogados Family, Abogados El Paloma. New information was received on the new Procurator and the bank account the payments were to be paid into, Nicola Nonche Cirom. Judging by the paperwork they are using the usual Modus Operandi so we can expect to hear more of them in the future. We then brought you the article titled “One-Sided Press Reports?” This article revolves around an article by Andrew Penman on a court case involving Club La Costa and a timeshare “exit” company called Carl James Associates, today we can reveal the latest information to arrive. We also brought you some news and updates from the courts.

We begin today with information received by one of Inside Timeshares long-standing readers who read the article “One-Sided Press Reports?”

The article named several people one being Gerry Tiernan, who it turns out was previously a Sales and Marketing Director for Eze Group, well, our reader has also come up with some incredible information on the director of Carl James Associates Thomas Whelehan.

According to our reader, back in 2009/10, he was having some problems with Resort Properties (Silverpoint), this was over the resales of the “investment weeks” he had purchased. He travelled to Tenerife in an attempt to sort out the problem, unfortunately, all those he had dealt with before no longer worked there.

He was introduced to Maurice Aronow and Tom Whelehan who introduced himself as the “point of contact for resale problems”. Our reader was basically told (as we have heard from numerous readers) that “timeshare was no longer selling”, that they needed to move their investment into Club Paradiso or they would lose it all. A story we are very familiar with.

So the question is, even though the name Whelehan is not common, is this the very same Thomas Whelehan who is now director of Carl James Associates?

Well, Inside Timeshare believes it is, but we will let you the reader and time decide for us.

We then brought you the latest court victories from around the Canary Islands, with yet another Silverpoint appeal being dismissed along with a Club La Costa appeal to have a case dismissed by the courts on jurisdictional grounds.

We have reported on many occasions that Club La Costa has moved to have cases dismissed on these grounds, that their contract has a clause which states that the contract is subject to UK law and the jurisdiction of UK courts. This has been thrown out several times by the High Court on the fact the contract was signed and paid for in Spain and therefore Spanish law applies. Now it appears even the Courts of First Instance are following these rulings made by the High Court.

Anfi was also on the receiving end of several verdicts and losing appeals in the High Court, today we publish yet another defeat for Anfi.

Swedish clients of Canarian Legal Alliance will now be receiving 21,416€ into their bank account as a result of a provisional embargo which was submitted to the court so the client’s award which totals 32,948€ is secured.

We are now familiar with these embargoes being submitted and it has become standard practice for CLA to submit these applications on behalf of the clients. We are all very well aware that Anfi will try every trick in the book to avoid paying including the moving of funds between accounts. We also expect that as usual Anfi will appeal and yes, we know they will lose.

The interim amount is from a tax refund that CLA became aware of and they managed to obtain an embargo on those funds. It is also from this embargo that the funds for another client have been recovered.

Once again it is Eva Gutierrez who is behind the investigations into locating hidden funds, not just a great lawyer but turning into a great detective as well.

All we can say to Anfi at this point is, Why don’t you just give up and payout, it costs you more in the end to fight and we all know that is one fight you are going to lose every time.

That is all for this week, have a great weekend and join us again next week.