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EVA GUTIÉRREZ

Latest Court News

Today Inside Timeshare looks at some of the court cases which have come to our attention this week. These cases have been brought on behalf of clients by two law firms and one independent lawyer, involving several Anfi, Diamond and Club la Costa cases. This article is published to show that timeshare companies are losing all over Spain proving the courts are following the rulings laid down by the Supreme Court.

CLA Legal Team

We start with our friends from Canarian Legal Alliance who have had yet another appeal by Anfi dismissed by the High Court Number 5 of Las Palmas.

The appeal court once again confirmed and supported the original sentence laid down by the Court of First Instance Number 4 of San Bartelomé de Tirajana where the contract was declared null and void along with the return of 59,163€ plus legal interest.

The contract was declared null and void due to several breaches of timeshare law which included, length of the contract was for more than the permitted 50 years, it contained floating weeks and also the illegally taken deposits within the statutory cooling-off period.

The original sentence also included the repayment of the illegal deposit in double, this was also confirmed by the appeal court judges.

The Norwegian client was represented by the CLA Lawyer Eva Gutierrez with Claims Consultant Michael Gadman assisting the client.

Link to CLA figures

The Legal Team

Another law firm which has been having considerable success in the courts is M1 Legal, they are based in Mijas Costa and currently have around 1300 cases against various timeshare resorts in the courts. Of these cases, there are currently 577 against Club la Costa alone with claims to the value of £12.1million.

It appears the first week of November was a very busy one for their legal team as they had six cases against Club la Costa with all contracts being declared null and void.

The largest amount awarded in one case was £30,870 with a total for all cases coming in at over £105,387.

The contracts were all in breach of the current timeshare laws with contracts being in excess of 50 years and all containing the points system and not the permitted fixed week fixed apartment system.

Along with these cases, there were a further six cases being heard by the courts in Fuengirola, these cases were arguments on the grounds of jurisdiction. Club la Costa maintains that their contracts are subject to UK law and the jurisdiction of UK courts. This is an argument that has been going on for some time, even though many courts around Spain including the High Court in Malaga have ruled that Spanish law and courts do have jurisdiction.

In these six cases, the courts in Fuengirola agreed and accepted the cases on the grounds that they do have jurisdiction. So we can expect to hear successful outcomes for these clients in the future.

M1 Legal also had very good results in other cases against Diamond Resorts and our old friends at Anfi. The Anfi contract was declared null and void as it was also determined that the contract contained insufficient information on the product being purchased. This also included the fact that there was no time period specified on the contract, this is in breach of the law on the duration which as we have stated before is for a minimum of 3 years and a maximum of 50 years.

The Anfi client was awarded over £16,027 and the three Diamond cases totalling over £31,000 with those contracts also being declared null and void. 

https://m1legal.com/our-victories

We now move to a case brought on behalf of an Anfi client by the independent lawyer Javier Correa.

Javier-Correa

Javier was born in Las Palmas de Gran Canaria which is where he now practices and resides. Between 1984 and 1989 he studied law at the University of Navarra and later at the University College London. He then went on to complete his Master’s degree.

This case was originally brought at the Court of First Instance where this court declared the contract null and void with the return of the purchase price plus double the deposit illegally taken at the time of purchase.

Anfi as, usually do they lodged an appeal against the first court’s decision, this was heard in the Third Chamber of the Provincial Court (High Court Appeals).

As we have seen in previous appeals made by Anfi, the court rejected the appeal and confirmed the original sentence in its entirety.

The contract was for two standard two-bedroom suites on the floating week’s system at Monte Anfi. The client also paid 4,431.38€ as a deposit on the day of purchase and signing the contracts, this was ordered by the court to be paid back to the client in double in accordance with the rulings made by the Supreme Court.

The client will now be receiving over 41,000€ and is also timeshare free and no longer liable for the annual maintenance fees.

http://www.correaguimera.com/

Just on these cases alone, it is very clear that the timeshare industry is fighting a losing battle in the courts, well they did have many years in which they could have issued contracts which compiled with Spain’s timeshare laws. So really they only have themselves to blame.

This also answers the many questions received by Inside Timeshare, “are there any genuine lawyers out there actually doing what they say and winning?” As you can see the answer is yes there are genuine lawyers doing a superb job on behalf of timeshare consumers.

If you would like to know more about these cases wondering if you have a valid and viable case please use our contact page and Inside Timeshare will get back to you and explain your legal options.

More Bad News for Puerto Calma & A New Company Appears

Yesterday Inside Timeshare published the story of the refugees being housed at the timeshare resort of Puerto Calma in Gran Canaria. The article focused on the complaints by members who are rather disgruntled at the fact they are still required to pay maintenance even though the resort is closed to them and they are unable to use it. Today we begin with yet another blow to Puerto Calma and a recent High Court decision against them. We also highlight another new company that has just appeared on our radar, the company TSE Management Ltd also makes some very wild claims on their website.

First, we take a look at the latest court case against Puerto Calma.

The case was originally heard at the Court of First Instance Number 4 of San Barlelomé de Tirajana, where the court declared both contracts null and void along with repayment to the client of over 35,000€ plus legal interest.

The companies appearing in court were Holiday Club Canarias Sales Marketing SL and Holiday Club Canarias Resort Management SL, who then launched an appeal against the judgement with the High Court Number 5 of Las Palmas.

Once again the court endorsed the original sentence and dismissed the appeal, the judges confirmed that the contracts were null and void and confirmed the repayment to the client including double the deposit illegally taken within the statutory cooling-off period.

The case was brought on behalf of the Swedish clients by Canarian Legal Alliance with the Lawyer Eva Gutierrez preparing the case and presenting to the court on behalf of the client, with Claims Consultant Michael Gadman assisting the client in the process.

For years Holiday Club along with many other timeshare companies have flouted the laws enacted on 5 January 1999 to protect consumers. The main points of the contracts being illegal are the taking of deposits or any payment within the cooling-off period, the duration of the contracts being over the 50 years allowed by law and the use of floating weeks and points systems which also includes many fractional purchases.

Those clients who have taken these companies to court have not only had their contracts declared null and void thus removing the liability of the annual maintenance fees but also the return of the full purchase price.

We now move to the latest company to come to our attention, TSE Management Ltd, Company Registration Number 12899466. Their registered address is:

27 Old Gloucester Street London WC1N 3AX

The company was only registered on the 23 September 2020 so is just only 2 months old. The registered director & secretary is Sam Haggerty and this is his first appointment.

https://find-and-update.company-information.service.gov.uk/company/12899466

https://find-and-update.company-information.service.gov.uk/company/12899466/officers

They also do not show any telephone number or email address on their website:

https://www.tsemanagement.co.uk/

Which was only registered on 23 September 2020 and is set to expire on 23 September 2021, so another company has just been registered with a website the same age, yet according to their about page, they have been:

“helping with clients property requirements throughout Europe since the early 1990’s, originally established in Brighton the new TSE HQ office finds itself based in central London”.

They also claim on their website that they “won a legal battle against Club La Costa”, apparently this was in May 2020, a full 5 months before the company was registered!

Now they do not say how they won this case, but if it was in court, then the client must have signed up for the case at least 2 years ago, well before they were registered. After all, we do know that Club la Costa does all they legally can to delay hearings, from claiming no jurisdiction of Spanish courts to constant appeals to the High Court and Supreme Court.

We also know for a fact that CLC will not payout voluntarily, they delay payments which have even been ordered by the courts.

TSE Management also shows on their website the Trustpilot logo and five stars, well, again for a company that has only been registered for 2 months that is quite an achievement. Yet when checking the company with Trustpilot, they are not even registered with them.

Now if this information is not disturbing enough it is their approach which has us worried, according to TSE Management, they have been appointed by the Courts in Malaga for a Club la Costa case that has been “stuck” in the courts since 2016. Now we have to ask how do they know there is a case “stuck” in the courts after all the courts do not appoint any third party company or law firm to make contact with “victims”.

If you have been contacted by TSE Management, then please use our contact page and let us know what you have been told.

Do you want to know more about your legal rights with regards to having your contract declared null and void plus the return of your full purchase price? Then please contact us and Inside Timeshare will get back to you.

BEFORE ENGAGING WITH ANY COMPANY THAT CONTACTS YOU REMEMBER

End the Week: Court Roundup

Welcome to the end of another week with Inside Timeshare, we began this week with the identification of yet another fake law firm, Marbella Solicitors Service. According to their “pitch”, they have been appointed by the High Court of Madrid to contact clients of Eze Group from records held by the courts. As we know this is a total falsehood, the courts do not contract third parties and do not “dish out” details of victims on their files. We then gave the latest information on the FCA decision to validate loan agreements with Barclay Partner Finance brokered by an unauthorised agent, Azure Services Ltd. We then gave the latest in the fake law firm El Palermo Abogados and the latest Court victory over Marriott. We end this week with the latest news from the courts which all involve Anfi.

At the start of the week, another English client had their contract with Anfi declared null and void, with the return of 31,356€ plus legal interest and the return of their legal costs.

The case which was heard at the Court of First Instance Number 5 of SBT, the award also includes double the deposit taken illegally within the statutory cooling-off period. In this case, the amount awarded was 13,743€ plus an additional 17,613€ in respect of the illegally taken deposit. This is following the rulings of the Supreme Court that any amount taken within the cooling-off period is to be awarded back in double.

The case was prepared and conducted by the Canarian Legal Alliance Lawyer Miguel Angel Melian Santana with Claims Consultant Jake kaiser assisting the client through the process.

The following day 11 November, the High Court Number 3 of las Palmas, dismissed yet another appeal by Anfi against the sentence of the Court of First Instance. As we know, the courts are taking a very dim view of these constant appeals and are showing that they will not tolerate appeals which to all intents and purposes are totally frivolous.

The original sentence from the Court of First Instance Number 4 of SBT, declared the contract null and void and awarded the Danish client over 20,000€ plus legal interest.

CLA is now filing with the courts an execution of sentence order to ensure that their client receives the payment ordered by the court.

Again the CLA Lawyer Miguel Angel Melian Santana prepared and conducted the case with Claims Consultant Michael Gadman assisting the client.

Then yesterday yet another Anfi appeal was dismissed by the High Court Number 5 of Las Palmas, this time it was a Norwegian client whose contract was originally declared null and void by the Court of First Instance Number 1 of SBT.

As well as the contract being declared null and void the court awarded 19,911€ plus legal interest. In this particular case although Anfi appealed, so did CLA, the reason for the CLA appeal was that the original court did not recognise the illegal taking of deposits within the statutory cooling-off period and so did not award double the amount taken.

The High Court dismissed the Anfi appeal but upheld the CLA appeal and rectified the situation by increasing the amount originally awarded to 28,261€ plus legal interest and also added the legal costs back to the client.

Once again we see the courts upholding the rulings of the Supreme Court in favour of the consumer, proving that they have the full protection of Spanish law and courts.

The case for the client was prepared and presented by the CLA Lawyer Eva Gutierrez with Claims Consultant Michael Gadman assisting.

It is quite clear from these and previous cases involving Anfi, that the courts are well aware of the tactics to produce delays with constant and frivolous appeals, they are also well aware of the movement of funds to delay the payments. This is also subject to a criminal investigation by the State Prosecutors Office.

So that is all for this week, Inside Timeshare would like to wish you all a very happy weekend and join us again next week for more on the murky world of timeshare.