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.
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.
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!
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.