Browse Tag

High Court

Start the Week: Great News from the Courts

Welcome to the start of another week with Inside Timeshare and the start of a little relaxation of the lockdown regulations. On Saturday 2 May, the restrictions on movement were relaxed and everyone was allowed to leave their homes and have a good long walk or run, although there are still restrictions in place it is just nice to get out and about. With that good news, we now move on to the news from the courts and more sentences being issued against various timeshare resorts.

Late on Friday we received the news of yet another victory in the courts against Marriott and their affiliated companies, MCVI Management SL and MCVI Holidays SL.

The case was brought on behalf of a German client of Canarian Legal Alliance, with the case being led by Judith Diaz Pascual and was heard at the Court of First Instance No4 in Marbella, Costa del Sol. The contract was as usual declared null and void as it was in breach of the Spanish Timeshare Law 42/98.


Judith Diaz Pascual

This case is very interesting as the client was awarded the original purchase price of 59,581.20€, with the judge awarding 73,829.99€ as a penalty for the illegal taking of deposits within the statutory cooling-off period. We are used to seeing double the amount of the deposit being paid back but in this case, this is a huge amount.

The total amount the client will now receive is 133,411.19€ plus the inclusion of legal interest. It will now be interesting to see how long it will take Marriott to deposit this amount with the court to be repaid to the client. If the way Marriott has been operating in past cases with voluntarily paying into the court before enforcement action is brought, it should not be too long.

First thing this morning the following news was received about six cases heard at the High Court of Las Palmas, with all these cases being presented as appeals.

The timeshare companies involved are Anfi Sales SL and Anfi Resorts SL, these appeals were launched on behalf of the clients by CLA. The reason is very simple, the Judges at the Court of First Instance did not award double the amount taken as deposits within the statutory cooling-off period.

The High Court has overruled these decisions of the First Instance Courts and has followed to the letter the rulings laid down by the Spanish Supreme Court. This is certainly a great decision for the clients.

In total the court has awarded for these six cases amounts to a staggering 374,274.72€ plus legal interest and all appeal costs.

As this was being written yet another ruling from the High Court No5 of Las Palmas has again overturned a previous ruling from the First Instance Court. At present we do not have the figures but it is known that the full purchase price, plus double the deposits taken with legal interest and appeal costs have been awarded. More on this when we get full details.

As we can see, even if the courts are not actually hearing cases at the moment, the wheels of justice still keep on turning with judges issuing sentences on cases heard before the lockdown came into place. Inside Timeshare will keep you updated on the latest news as and when it comes in.

Inside Timeshare is still receiving many emails from readers who have been contacted by Iconel Administration SL with the great news that the courts have awarded them a substantial amount of money. As usual, there will be fees to pay in order to release this money, the problem is the client never had a case in court and was totally unaware that any case had been to court.

As we have reported in many articles not just for Iconel but for all these “fake” law firms who claim they have been appointed by the courts to “trace” clients with money being held by the courts. This is a total fabrication, unless you have personally instructed a lawyer, paid the legal fees and have been informed that a trial date has been set with the possibility that you must attend, then there is no money being held by any courts.

Below are two articles on this company and the links with other dubious “fake” law firms, so if you have received a call or email with the wonderful news, do not believe it. Please use our contact page and let us know Inside Timeshare will get back to you.

https://insidetimeshare.com/end-of-the-week-and-another-fake-firm-emerges/

https://insidetimeshare.com/its-friday-and-the-end-of-another-week/

Start the Week: Seven Sentences Issued

Welcome to the start of another week with Inside Timeshare, Spain is still in lockdown although restrictions on movement are slowly being lifted with more businesses being able to open. One area where there will be no movement for some time is going to be the hospìtality industry, bars, restaurants, hotels and off course timeshare resorts. This area which the Canary Islands relies on heavily is unlikely to return to “normal” for the foreseeable future, with possible restrictions on numbers. Even with all this going on the courts are still issuing sentences on previous trials and not to forget all the “scam and fake” law firms and claims companies trying to get hold of your money which are still cold calling owners with fantastic news of thousands being held for them by the courts.

Today Canarian Legal Alliance released the news of 7 new sentences being issued by the courts in favour of their clients with all contracts being declared null and void and the return of substantial amounts of money.

The first six were issued by the Court of First Instance, San Bartelomé de Tirajana, all cases were against Anfi Sales SL and Anfi Resorts SL, who have been ordered to repay the six clients over 128,000€. So that is 6 happy ex-timeshare owners.

Moving over to the Costa del Sol, the Court of First Instance of Fuengirola has ordered Club la Costa to repay over 26,000€. This particular case is rather interesting as you can see from the court document, the companies involved are UK limited companies and not Spanish SL ones. As we have published in the past, this was a ploy by many timeshare companies to attempt to avoid the Spanish timeshare laws and claim that the courts did not have jurisdiction.

As we know the High Court of Malaga did not agree, maintaining that they did have jurisdiction, this is just one more client who has benefitted from the High Court’s ruling. It is also very obvious that this has opened the door for many more cases to be brought.

It has also been brought to our attention that there are several new companies about to embark on a cold calling campaign offering the usual relinquishment and claims service. As usual, our warning is to do your homework before you decide to take on any service especially where a payment is required. Don’t take everything they tell you at face value, check first and check again, how are they going to make a claim, which law firm or lawyer do they use?

At the moment Inside Timeshare has decided not to publish the names, but we will be keeping an eye on them, as always if you need help in finding out if they are genuine please use our contact page and Inside Timeshare will get back to you.

Mid Week Rundown: Anfi and MacDonalds in the Frame

Inside Timeshare hopes that all our readers are well and coping with the restrictions being placed on us. Due to the working restrictions, there is very little news coming from the courts but it doesn’t appear to be stopping the cold calls from the scam companies or even timeshare companies such as MacDonald Hotels and Resorts from operating. But first, we begin with the latest news from the courts and a case against Anfi.

Yesterday, 31 March, Canarian Legal Alliance announced the news of one Dutch family who won their case against Anfi Resorts SL in the Court of First Instance and then after yet another frivolous appeal by Anfi, in the High Court as well.

The courts ordered that the contract be declared null and void plus the return of over 31,000€. This has now been paid back to the family and is now safely in their own account leaving them to enjoy being timeshare free.

Staying with Anfi, there are more comments from Anfi members regarding the cancellations of booking due to the current situation and lockdown. As we already know, before the lockdown in Spain came into force and the closure of all hotels and resorts, many flights were being cancelled and consequently, people were cancelling their holidays. Yet Anfi is playing a very nasty game.

Members are having to pay a cancellation fee and in order to bank that week and save it they must get an “accommodation voucher” from Anfi, no problem I hear you say and I would agree. Unfortunately, this is not as clear cut as it first appears.

In order to receive this “voucher” and “save” the week, which they have already paid for with the initial purchase price and the annual maintenance fees, members are being told they “MUST” sign the new contract first, not to forget that they will also have to pay a re-booking fee!

Anfi has been trying to get members to sign this new contract since their Special General Meeting in June 2017, (see links below), the basics are that the new contract is replacing the original “illegal” contracts and bring them into line with the timeshare laws. This move as we know is to avoid any further contracts being taken to court. Once a member signs this new contract they lose their rights to seek legal redress for the sale of the original illegal contract.

This is in our view is nothing short of “BLACKMAIL”, a tactic which we would associate with the Mafia, not a supposed “customer focused” business, especially as Anfi continually states that they regard all their “members” as “family”. Well with “family” like this who needs enemies?

We now move on to another sorry tale of the excessive and abusive tactics of another timeshare company, MacDonald Hotels and Resorts which we have been highlighting recently. 

As we have reported this is the “EXTORTION” tactics they use when their members especially the elderly need to terminate their membership. This involves the demand of the payment of arrears plus the payment of over 4 years worth of maintenance fees to “hand the timeshare back”, although they do not even guarantee that they will “accept the application” to terminate. One reader has been told this must be paid in full by the end of April and they “may consider the termination” in September. No promise, just a “possibility”.

We have now just been informed that the husband of this reader who is seriously ill has now taken a turn for the worst and this is also taking its toll on his wife. In this case, MacDonald’s require the payment of over £10,000, which they can ill afford due to the costs of daily home care and the possibility of him having to be placed in a care home.

Inside Timeshare has also been in contact with our old friend Mrs B, as many of you will know, Inside Timeshare has been following her story for around 4 years with no sign of it being resolved.

To recap, Mrs B paid a company to help her get out of two timeshares, one with MacDonald’s the other Oasis Lanz in Lanzarote. This was duly done, with the timeshare being transferred to a new owner, with all documents being notarised and conforming to Spanish law.

There was no problem with Oasis Lanz, the problem was with the MacDonalds timeshare.

MacDonalds refuse to acknowledge or recognise the change of ownership, they are still chasing for “arrears of maintenance” which now comes to around 5 years worth. Mrs B is in her 90’s and is also housebound.

She has now received the first of this year’s demands for maintenance and more threats of legal action to recover “the debt” through the courts. Last year they employed a law firm to make the threats on their behalf, even including documents of cases where they have won the case in the County Courts. If that is not an attempt at “EXTORTION”, I personally don’t know what is.

That is all for today,  if you have any questions or concerns on any of these examples, please use our contact page and Inside Timeshare will get back to you. We would also welcome your own experiences with Anfi and especially MacDonald Hotels & Resorts please let us know and we will highlight them on our pages. It is your information which helps others.

Take care and stay safe.

Past Anfi articles on the new contracts.

https://insidetimeshare.com/anfi-sgm-what-are-they-up-to/

https://insidetimeshare.com/anfi-ceos-letter-members-desperation/

https://insidetimeshare.com/anfi-special-general-meeting-vote/

https://insidetimeshare.com/anfi-another-offer-to-members/