Browse Tag

Courts of First Instance

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.

End the Week

Well, it’s that time again, the end of another week and the start of a well deserved weekend break. Today’s article is a short one with only two new sentences being issued, we also give a quick warning on another new cold caller and website which has just come to our attention. So far we do not have much information but as soon as we have more we will publish the full story.

News from the courts.

Now that the courts annual August break is over and have started to catch up on their backlog, only two sentences have been issued from the Courts of First Instance of San Bartelomé de Tirajana. Both of these are against our old friends Anfi Resorts SL and Anfi Sales SL.

The first case involves an English client of Canarian Legal Alliance, with the defendants being Anfi Sales and Anfi Resorts but also including Anfi Tauro Resorts Management SL and Anfi Tauro SA.

The contract was declared null and void with the court ordering Anfi to pay back 41,909€ plus legal interest. In issuing the award, the judge also included double the amount which the client had paid as a deposit. As we have stated before it is illegal to take any payments within the statutory cooling-off period, even by a third party, the law has made it quite clear that any payments made which contravenes this will be awarded double.

The case was prepared and conducted by Eva Gutierrez with the client being assisted by Claims Consultant Jake Kaiser.

The second case again involving Anfi Sales and Anfi Resorts was also conducted on behalf of a Norwegian client by Eva Guttierrez with Claims Consultant Michael Gadman assisting the client.

The court declared the contract null and void as it was over 50 years in duration and contained floating weeks. The client has also been awarded 30,153€ plus legal Interest, this amount also included double for the illegal taking of a deposit.

We suspect over the next few weeks we will be seeing many more judgements being made, as they are Inside Timeshare will publish them.

We now move to a warning to all our readers.

Inside Timeshare has been informed of a new cold caller contacting timeshare owners regarding the termination of contracts and claims.

The name is Timeshare Closure, we cannot call it a company as we have so far not found any reference to them on UK or Spanish company records. Their website shows no company information at all and it was only registered on 26 June 2020 and is set to expire on 26 June 2022.

https://timeshare-closure.com/

The caller also uses the name Timeshare Data who then transfers the call to Timeshare Closure. The only contact with Timeshare Closure is a telephone number 0800 048 8387, the contact form and this email address: [email protected]

As we get more information it will be published here.

Once again we hope you have a great weekend and remember to do your homework before engaging with any company that contacts you or that you find on the internet.

Friday Roundup and Update

It is the end of another week and it has proved to be a rather busy week, with an update on our old friends which are part of the Litigious Abogados Family, CUC Abogados. There was also a disturbing report about the “FAKE” law firm Suarez and Simpson, threatening legal action for “slander” against one of our readers who supplied Inside Timeshare with the information. We also highlighted a couple of new “law/claims” firms which have come to our attention, Timeshare Legal Experts who appear to be targeting German timeshare owners, then yesterday we published another new “FAKE” law firm, this time supposedly operating from Mexico Ferrer Abogados y Asociados, and targeting purchasers of timeshares in Mexico.

There was also news from the courts in Gran Canaria regarding court cases against Anfi, with many appeals being dismissed by the High Court of Las Palmas. The judges have dismissed the appeals and upheld the sentences of the Courts of First Instance in accordance with the rulings of the Supreme Court. We also published the news which appeared in El Diario on the concession for the beach at Tauro. As we know Anfi had the concession to exploit this area and began to commence work on the man-made beach, despite the correct documents and licences being approved or issued. They have now lost the concession. 

We now begin with an update about Ferrer Abogados y Asociados, yesterday we named a judge who is appearing on the “court” documents being sent by this “FAKE” law firm, Dr Alvaro Augusto Perez Juarez.

From the latest information Inside Timeshare has uncovered it is now known that this is the name of a real judge. He was, in fact, President of the Superior Court Of Justice of Mexico City, 17 April 2017 – November 2018. Obviously he has no idea his name is being used, but no doubt he will now. This is not unusual for names of real judges and lawyers to be used by these “Fake” law firms, we have seen this with all those coming out of Spain and more recently Greece.

Dr Álvaro Augusto Pérez Juárez
Has a very distinguished career

Our US reader has now informed Ferrer Abogados that they want the bank to deal with all the details of “TAX” and the Transfer. They have since received a letter from Banco de Mexico stating that they are now ready to commence the transfer of the awarded amount to either our reader’s bank account or to their “physical” address. This has been signed by a “Banxico Authorised Official” named Carolina Perez Tipox.

Our reader has also been sent a new bank account to “wire transfer” the necessary amount to begin the transfer of funds. The recipient is ABSORPTION ACQUIREMENT AND LIQUIDATION DE MEXICO S.A. DE C.V. with the bank being BANCO SANTANDER (MEXICO) SA. Now, this does seem strange that it is the Banco de Mexico that originally needed payment and now another entity and bank are involved. Well, our readers will certainly not be transferring any funds to any of them.

It certainly has not been a good week for the Anfi Group, not only have they lost the concession to exploit Tauro Beach. This will no doubt have cost them (or should we say you the maintenance payers) a very substantial amount of money, they have also had a very bad week in the courts.

Anfi lose concession to exploit the beach

The latest additions to Anfi’s trials and tribulations are as follows:

On Wednesday 5 August the Court of First Instance Number 5 of SBT, declared yet another Anfi contract null and void. Once again this was a very speedy case which took only 6 months to the issuing of the sentence.

In all the German client of Canarian Legal Alliance has been awarded 52,239.25€ plus the return of legal fees and legal interest. The court in calculating the award took into account the illegal payment of deposits within the statutory cooling-off period to 8000€, which is more than was originally paid.

The clients were assisted by the CLA Claims Consultant Jasmin Erhard with the case being prepared and conducted by the lawyer Oscar Salvador Santana Gonzalez.

Inside Timeshare suspect that we will see this particular case back in the news in the future, given the Anfi penchant for appealing these judgements to the High Court.

Moving on to yet another High Court (appeals) judgement, Court number 5 in Las Palmas again dismissed another appeal by Anfi, confirming the original sentence from the Court of First Instance SBT.

Another German client who was assisted by Claims Consultant Jasmin Erhard with the lawyer Eva Gutierrez preparing and presenting the case.

The contract was declared null and void with the client being awarded 23,520€, plus legal costs and legal interest. This is more than the client originally paid which was 14,000€. This because the court doubled the deposit paid illegally within the statutory cooling-off period.

Any payments made within this period can have a significant effect on the claim, the law clearly states that no payments shall be taken within this 14 days period. It is also a fact that if this period is not correctly and clearly evidenced in the contract or any of its supporting documentation, this may be extended to 3 months. This means that all payments made within 3 months of signing the contract could be deemed illegal and the amount is then doubled. It appears that this is what has happened in this case.

These cases and others highlighted on Inside Timeshare just confirms that the courts are abiding by the rulings of the Supreme Court and are fully behind the protection of consumers.

That is all for this week, join us again next week for more news from the courts, updates on any “fake” law/claims firms highlighted along with any new ones that have been identified.

If you have been contacted by any company regarding a claim or relinquishment and would like to know if they are genuine, please use our contact page and get in touch.

If you have a timeshare and would like to know if you have a valid and viable claim, once again contact Inside Timeshare from our contact page and we will get back to you.

Have a great weekend and stay safe.

Biggest Payout

so far received from Anfi

158,268.27€