Welcome to The Tuesday Slot and yet another public holiday in Spain, this one is called Fiesta Nacional de España or Día de la Hispanidad. This National Holiday has its roots in 1492, it was on this day that Columbus first set foot in the Americas. So as you will have already guessed, everything is going to be closed today, that includes the courts. But we do have some news from the courts, one item about Silverpoint and the other is important information regarding Anfi and the administration of two companies.
First Silverpoint, as we already know, although Silverpoint is in the process of liquidation with the Mercantile Court, there are still cases running in the Civil Courts, these will be Courts of First Instance and The High Courts.
These cases are going ahead as the aim is to release clients from their timeshare contracts and in many cases as “shareholders” in the “Company Participation Scheme” set up by Silverpoint themselves.
This scheme was designed from the outset to deceive, many clients who bought “shares in these companies” believing they were purchasing weeks or actual properties are now stuck in a very complex situation. They have no control over these companies but they do have all the responsibilities that go with them. In our thinking, this should not have been a civil matter but is clearly criminal in its intent.
The Court of First Instance Number 4 of Arona, Tenerife, has had the dubious pleasure of studying these contracts in the past, declaring them null & void as with other timeshare contracts. In this case, the Swedish Client has also had their contract terminated plus the return of over 650,000€, this also includes double the amount of illegally taken deposits.
This client will now have their claim processed by the Mercantile Court along with other clients which Canarian Legal Alliance is representing in order to safeguard their rights to payment and be confirmed as creditors.
Moving now to Anfi, following on from our previous news of Anfi Sales SL and Anfi Resorts SL being placed into “necessary administration” by the Mercantile Court, the Boletin Oficial del Estado, which is the source for official announcements, has now issued their bulletin on this matter. As soon as a copy is available, Inside Timeshare will publish it.
The newspaper El Diario, yesterday published an article by Ivan Suarez on the liquidation of these two companies, which are subsidiaries of the Anfi Group. Suarez reports that at the end of September Anfi Sales and Anfi Resorts entered the process for “necessary bankruptcy”, this was at the beginning of 2020 and on the application submitted by Isla Marina SL, (a Lopesan subsidiary), the debt was huge and probably underestimated. This is maybe due to the fact that the court claims had not been factored in by the petitioner.
The Judge Alberto López Villarrubia, presiding at Mercantile Court 1 of Las Palmas de Gran Canaria, ruled in his order that these companies were insolvent, that they were unable to pay these obligations from their accounts or from any ordinary income, (remember our articles on the movement of funds?) placing them in the hands of a bankruptcy administrator, he will supervise their accounts, control expenses, negotiate the return of debts and, ultimately, attempt to prevent bankruptcy and full liquidation.
One of the entities that may just become the “main creditors” is the law firm Canarian Legal Alliance, which represents around 1,300 clients with claims at various stages of the legal process, with an estimated total value of over 56 million euros. That is an average of 43,000€ per client.
CLA Lawyer Eva Gutiérrez, who is the leading expert on Anfi and its accounts has been instrumental in the investigation of movements of funds, She is confident these resolutions will be ratified by higher authorities and is working to ensure that all clients are represented and have their payments secured.
Inside Timeshare has been informed that CLA is contacting their Anfi clients with all the latest updates and have already begun to prepare these claims. They also report that their legal team is time-limited on preparing their request for “credit recognition” and presenting it to the court-appointed administrator.
More on this story as and when it comes in, no doubt there will be plenty in the coming weeks.
If you have a contract with Anfi and would like further information as to its legality and on taking out legal action to have the contract declared null & void plus the repayment of your purchase costs, please use our contact page and Inside Timeshare will get back to you. Investigate now before it is too late.
El Diario Articles by Ivan Suarez