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Cristina Batista

Canarian Legal Alliance Announce Anfi Payments

Welcome to another week with Inside Timeshare, today we report on the success of the Canarian Legal Alliance “Provisional Enforcement and Execution of Sentences Department”, which is headed by Cristina Batista and Judith Diaz Pascual. This team was created to ensure that all clients do receive what the courts have ordered by the use of placing “embargoes” on the accounts of the offending timeshare companies.

Following the successful outcome of the trials and the courts issuing their sentences, the intrepid ladies of CLA began their job of placing “execution of sentence” orders with the court. Both Cristina and Judith have worked tirelessly in identifying the various accounts of Anfi Sales SL and Anfi Resorts SL.

As we have reported in the past, Anfi has spirited money between accounts to “avoid” paying what the courts have ordered. This has also attracted the attention of the Prosecutors Office in Gran Canaria which is currently investigating these movements, this may just result in criminal charges.

In total, Cristina and Judith have placed 19 embargoes in 4 different courts, these are courts numbers 1, 2, 4 & 5 of the Court of First Instance, San Bartelomé de Tirajana.

Court of First Instance, San Bartelomé de Tirajana

In total, the huge amount of 309,332.81€ has been embargoed and this has now been transferred and paid into the respective courts. Once the courts have processed these funds they will then be paid directly into the accounts of the CLA clients.

CLA has set up the same system of enforcement for all timeshare companies they are currently taking through the courts, so it is not just Anfi clients who will benefit from this process. At least CLA can claim quite rightly that they are doing what they promise and clients do get their money back. It may take a while but at least it is being done.

So to end, it must be congratulations to the Enforcement Team for all their hard work and also to their clients who will soon be able to enjoy their returned money and also be timeshare free,

If you would like further information on how you can have your timeshare contract declared null and void plus the return of your full purchase price, please use our contact page and Inside Timeshare will get in touch.

End the Week

Yes, it is Friday and the end to yet another busy week in the world of timeshare, it has also been a costly one for some of the timeshare companies. Also going by the many emails Inside Timeshare has been receiving it may also have been a costly one for some owners/members who have been on the receiving end of the many “scams” and “fake” law firms out to get your money.

On Monday we highlighted yet another new “claims” company using the name Refund Solutions, which as we reported is actually the trading name of a genuine claims company called Rightpath Insurance Claims Ltd. Inside Timeshare contacted this company and was told categorically that they had no dealings or interest in Timeshare. They are a specialised claims company dealing with travel insurance claims such as cancelled flights.

Once again we see the “scammers” using the name of a genuine reputable company to give them credibility when consumers try to check on them. This does reinforce the fact that your “homework” needs to be very thorough indeed.

We also once again highlighted Solutions SL from Tenerife and their attempt to deprive timeshare owners/members of their cash. In this article, according to Solutions, they have just won a momentous case against Incentive Leisure, Personal Travel Group, DWVC and their directors. Well, this is really fantastic considering the companies went after the death of Gary Leigh, so the question is who was in court?

In the “fake” court document (above) there are the names of around 67 people, several of them readers of Inside Timeshare who had no dealings with the above companies. Yet all those named have been “awarded” 32.000€, but to get this they have to pay 3000€ each, that is a staggering 201,000€!

Have you ever thought you are in the wrong job!

We now move to genuine news from the courts, the first is yet another case against Anfi Sales SL and Anfi Resorts SL. in a similar case to the one we highlighted last week, the High Court in Las Palmas overruled another Court of First Instance judgement, this again involved contracts sold after the timeshare laws came into effect on 5 January 1999.

The case was brought before the Court of First Instance where Anfi declared that the contract was legal as it fell within the “two year” period of grace. The judge agreed and the case was found in favour of Anfi.

The lawyers of Canarian Legal Alliance did not agree and subsequently lodged an appeal with the High Court. The Judge once again ruled that the contracts were illegal and that the 2 year period of grace was not intended for the continued selling of contracts which contravened the new laws.

The High Court Number 2 also ruled yet again that any payments made within the statutory cooling-off period must be paid back double, this amounts penalizing Anfi for the breach of the law.

In this case, the client UK client will now receive over 26,000€, with the court also ruling that the client receives back the costs of the First Instance Court and for the appeal be returned to the client including legal interest.

During the week we also received the news of yet another cash payout of over 45,000€ by Anfi. This is a result of yet another “enforcement action” by the Provisional Enforcement and Execution Team at CLA, headed by Judith Diaz Pascual and Cristina Batista

This morning the news came in of a case heard in the Court of First Instance of Palma de Mallorca, this case involves Restotels SA which is part of the Ona Group.

Once again the court has declared the contract null and void and awarded the UK client 31,449.60€. The court also penalized Restotel SA for the taking of illegal deposits within the statutory cooling-off period to the value of 40,320€.

The case was brought on behalf of the client by the Canarian Legal Alliance lawyers Miguel Ángel Melián Santana and Óscar Salvador Santana González.

So it is a big congratulations to the happy clients who are now ex-timeshare owners and to the lawyers and legal team at CLA.

As a side note, Restotel SA is a part of Ona Group who have recently purchased Excel Hotels and Resorts SA. This company was part of the Bob Trotta timeshare empire and was closely linked to Silverpoint who as we know have many claims in court against them. We have also reported that there is an investigation in progress regarding the many irregularities in the internal trading between Silverpoint and other companies in the Trotta group.

That is all for this week it now just leaves us to remind all our readers to ensure that you do your homework when contacted by any company giving you great news regarding your timeshare.

Have a great weekend and join us again next week for more insights into the scams and murky world of timeshare.

Latest Court News: Clients Receive their Funds

So far this week the news from the courts compared to last week has been a little slow, but we do have two items of news for you today. The first is against Anfi and the second is a case involving Airtours Beach Club, now known as Blue Bay. One thing that hasn’t been slow are all the emails from readers who have been contacted by various “companies” offering “claims”, “exits” and other services. One of the “new” services coming to our attention is regarding the placing of an embargo on the timeshare company, with the client being approached for more money to pay for this. Luckily one of our readers who does have a case in court contacted his lawyer for confirmation, as you have guessed he was told it was a scam. When Inside Timeshare has more details they will be published here.

We go first to our old friends Anfi and yet another cash embargo closely followed by a cash payout of 29,676.73€ which is now safely in the bank account of the client.

Once again the case involves Anfi, who as we have reported on several occasions has used tactics to delay paying by diverting funds across various accounts. This has also been widely reported in the Spanish press and television news, it has also gained the attention of the State Prosecutors office who have launched an investigation which could result in criminal charges.

The “Provisional Enforcement and Embargo” team of Canarian Legal Alliance headed by Judith Diaz Pascual and Cristina Batista have worked tirelessly to investigate the various accounts and secure very successfully the funds for their clients from Anfi’s cash account/s. 

The client’s contract was also declared null and void and now they can enjoy being timeshare free with a substantial amount being returned to their own account.

Staying on Gran Canaria, Airtours Beach Club now known as Blue Bay were on the receiving end of yet another defeat in court. This case involves a client of ECC and M1 Legal, who purchased a one bedroom apartment for one week back in 2000 for £8,211, with over £20,000 being paid in maintenance fees over a 15 year period.

The case was brought against Airtours España SL which is an agent for Anfipan SL, at the Court of First Instance of Las Palmas, Gran Canaria. The contract was also declared null and void, with the infringements being the contract was for a 96-year lease when the law is a maximum of 50 years. Although he was assigned a week number it was not actually stated when he could use the apartment, the accommodation was also not registered in the land registry, all these points are contrary to Spanish law.

So, thanks to the dedicated hard work of both legal teams there are now two very happy and timeshare free clients and yet another dismal episode for the timeshare companies.

If you purchased a timeshare in Spain after 5 January 1999 and would like to know if you have an illegal contract along with what your legal options are, then please use our contact page and Inside Timeshare will get back to you.