Browse Tag

High Court

Start the Week with a Bang

Welcome to the start of another week with Inside Timeshare, on Friday we received after publishing the “Stop Press” on a massive payout from Anfi for one very happy client. Today we publish the full story, this will be interesting reading for many Anfi owners who currently have cases either in court or are just starting out on the process. It has also been a rather quiet weekend with very few emails, the ones received have all been those contacted by various “companies” claiming a “guaranteed” exit for several thousand pounds upfront with a promise of a claim for “compensation”.

We begin with the news of the massive payout by Anfi.

As you are now aware, Anfi has not been the most forthcoming when it comes to paying out what the courts have awarded. They have continually delayed the process by constant and frivolous appeals to the High Court, along with the movement of vast sums around various accounts. This is now subject to an investigation by the State Prosecutors Office of Gran Canaria.

The case involving a German client was originally won in the Court Of First Instance of SBT (San Bartolomé de Tirajana). This court based their judgement in accordance with the law and the rulings of the Supreme Court.

The contract was deemed illegal and declared null and void for the following infringements:

  • It contained “floating weeks” which do not guarantee any usage and are subject to availability.
  • The contract was what is known as perpetuity, no end date or longer than the 50 years duration allowed by law.
  • Payments were illegally taken within the statutory 14 days cooling-off period.

Basically the main three infringements of the law which is designed to protect consumers.

As usual and is their right, Anfi appealed the case to the High Court in Las Palmas, Gran Canaria.

As with every case we have reported on recently, the High Court dismissed the appeal and confirmed the original sentence of the Court of First Instance.

Anfi then decided they did not agree with this and launched an appeal to challenge the High Court’s decision with the Supreme Court, again this is within their legal rights.

As we already know the Supreme Court has ruled on numerous occasions that any contract containing floating weeks, a duration over the 50 years and the taking of any payment within the statutory period are deemed illegal.

Anfi lost their case at the Supreme Court which confirmed the ruling of both the other courts.

The result is the contract has been declared null and void with the return of a massive 158,268.27€

The total comprises the original 75,000€ plus legal costs and legal interest with 83,267.27€ as compensation for the illegal taking of deposits. This is more than double what they originally paid!

Anfi has now paid this sum as ordered by three courts, so this is wonderful news for the client who will very soon have this money available in his own account. 

The case was handled by Canarian Legal Alliance with the client being assisted by Head of Operations Csilla Nazali, the Claims Consultant Jasmin Erhard with the lawyers preparing the case and representing the client being Eva Gutierrez and Adrian Diaz Saavedra Morales and their colleague Miguel Rodrigues Caballos.

So it is congratulations to the German client and also to the whole legal team at CLA for their sterling work.

As we stated at the beginning it has been a quiet weekend on the email front, the ones received have been regarding “cold calls” from various claims companies with the news that they can “guarantee” an exit from the timeshare, on payment of several thousand pounds.

They have also promised to get them “compensation” for the mis-selling of the timeshare contract. Only after the contract has been terminated we might add.

First, as we have seen in the past, many of these “terminations” have never actually happened, in most cases the client is told to just stop paying maintenance. Any demands should then be forwarded to the “company” to deal with. In many of these cases, as we have seen with ABC Legal, the termination has never been done.

The unsuspecting client then receives threats of legal action for the arrears of maintenance, in most cases at least 3 years. These threats are usually done by debt collection agencies employed by the timeshare company.

As for the “compensation” we have to ask the question, how is this going to be achieved?

Surely the timeshare company is not going to voluntarily pay the money back or even admit that their contracts were mis-sold?

After all, just look at Anfi and the story above!

If you have received any calls such as this, then please use our contact page and we will explain what your options are before you commit thousands for something that may never happen.

Friday Roundup and Update

It is the end of another week and it has proved to be a rather busy week, with an update on our old friends which are part of the Litigious Abogados Family, CUC Abogados. There was also a disturbing report about the “FAKE” law firm Suarez and Simpson, threatening legal action for “slander” against one of our readers who supplied Inside Timeshare with the information. We also highlighted a couple of new “law/claims” firms which have come to our attention, Global Timeshare Legal Experts who appear to be targeting German timeshare owners, then yesterday we published another new “FAKE” law firm, this time supposedly operating from Mexico Ferrer Abogados y Asociados, and targeting purchasers of timeshares in Mexico.

There was also news from the courts in Gran Canaria regarding court cases against Anfi, with many appeals being dismissed by the High Court of Las Palmas. The judges have dismissed the appeals and upheld the sentences of the Courts of First Instance in accordance with the rulings of the Supreme Court. We also published the news which appeared in El Diario on the concession for the beach at Tauro. As we know Anfi had the concession to exploit this area and began to commence work on the man-made beach, despite the correct documents and licences being approved or issued. They have now lost the concession. 

We now begin with an update about Ferrer Abogados y Asociados, yesterday we named a judge who is appearing on the “court” documents being sent by this “FAKE” law firm, Dr Alvaro Augusto Perez Juarez.

From the latest information Inside Timeshare has uncovered it is now known that this is the name of a real judge. He was, in fact, President of the Superior Court Of Justice of Mexico City, 17 April 2017 – November 2018. Obviously he has no idea his name is being used, but no doubt he will now. This is not unusual for names of real judges and lawyers to be used by these “Fake” law firms, we have seen this with all those coming out of Spain and more recently Greece.

Dr Álvaro Augusto Pérez Juárez
Has a very distinguished career

Our US reader has now informed Ferrer Abogados that they want the bank to deal with all the details of “TAX” and the Transfer. They have since received a letter from Banco de Mexico stating that they are now ready to commence the transfer of the awarded amount to either our reader’s bank account or to their “physical” address. This has been signed by a “Banxico Authorised Official” named Carolina Perez Tipox.

Our reader has also been sent a new bank account to “wire transfer” the necessary amount to begin the transfer of funds. The recipient is ABSORPTION ACQUIREMENT AND LIQUIDATION DE MEXICO S.A. DE C.V. with the bank being BANCO SANTANDER (MEXICO) SA. Now, this does seem strange that it is the Banco de Mexico that originally needed payment and now another entity and bank are involved. Well, our readers will certainly not be transferring any funds to any of them.

It certainly has not been a good week for the Anfi Group, not only have they lost the concession to exploit Tauro Beach. This will no doubt have cost them (or should we say you the maintenance payers) a very substantial amount of money, they have also had a very bad week in the courts.

Anfi lose concession to exploit the beach

The latest additions to Anfi’s trials and tribulations are as follows:

On Wednesday 5 August the Court of First Instance Number 5 of SBT, declared yet another Anfi contract null and void. Once again this was a very speedy case which took only 6 months to the issuing of the sentence.

In all the German client of Canarian Legal Alliance has been awarded 52,239.25€ plus the return of legal fees and legal interest. The court in calculating the award took into account the illegal payment of deposits within the statutory cooling-off period to 8000€, which is more than was originally paid.

The clients were assisted by the CLA Claims Consultant Jasmin Erhard with the case being prepared and conducted by the lawyer Oscar Salvador Santana Gonzalez.

Inside Timeshare suspect that we will see this particular case back in the news in the future, given the Anfi penchant for appealing these judgements to the High Court.

Moving on to yet another High Court (appeals) judgement, Court number 5 in Las Palmas again dismissed another appeal by Anfi, confirming the original sentence from the Court of First Instance SBT.

Another German client who was assisted by Claims Consultant Jasmin Erhard with the lawyer Eva Gutierrez preparing and presenting the case.

The contract was declared null and void with the client being awarded 23,520€, plus legal costs and legal interest. This is more than the client originally paid which was 14,000€. This because the court doubled the deposit paid illegally within the statutory cooling-off period.

Any payments made within this period can have a significant effect on the claim, the law clearly states that no payments shall be taken within this 14 days period. It is also a fact that if this period is not correctly and clearly evidenced in the contract or any of its supporting documentation, this may be extended to 3 months. This means that all payments made within 3 months of signing the contract could be deemed illegal and the amount is then doubled. It appears that this is what has happened in this case.

These cases and others highlighted on Inside Timeshare just confirms that the courts are abiding by the rulings of the Supreme Court and are fully behind the protection of consumers.

That is all for this week, join us again next week for more news from the courts, updates on any “fake” law/claims firms highlighted along with any new ones that have been identified.

If you have been contacted by any company regarding a claim or relinquishment and would like to know if they are genuine, please use our contact page and get in touch.

If you have a timeshare and would like to know if you have a valid and viable claim, once again contact Inside Timeshare from our contact page and we will get back to you.

Have a great weekend and stay safe.

Biggest Payout

so far received from Anfi

158,268.27€

News from The Courts: Anfi Losing on all Fronts

Today we move from the “fake” law firms and bring you some news from the courts where Anfi is once again in the frame. As our title suggests, Anfi is losing everything, the High Court (appeals) are dismissing every case Anfi is taking to them and confirming the sentences and judgements issued by the Courts of First Instance. There has also been some breaking news on the continuing story of the Anfi Tauro Beach Project which Inside Timeshare has been bringing you over the past year or so.

We begin with the latest news from the courts, on 30 July, The High Court Number 3 of Las Palmas, Gran Canaria, dismissed yet another appeal by Anfi against the original judgement from the Court of First Instance of San Bartelomé de Tirajana (SBT).

The English clients, represented by Canarian Legal Alliance had the sentence confirmed by the High Court, with their contract being declared illegal and therefore null and void. They have been awarded 18,530.19€ plus legal costs and legal Interest.

The clients were assisted by the CLA Consultant Jake Kaiser with the case being prepared by one of the senior lawyers Eva Gutierrez.

The following day High Court Number 5 of Las Palmas, also dismissed another appeal launched by Anfi against the judgement made by the Court of First Instance of SBT.

In this case, the Swedish client was assisted by the CLA Consultant Michael Gadman, with the case being prepared and conducted by Eve Gutierrez and Hector Cachero.

The High Court once again affirmed the original sentence declaring the contract null and void with the return of 14,532€ plus legal costs and legal interest.

On Monday 3 August, the Court of First Instance Number 3 of SBT, ruled in favour of another English client. This case is very interesting as it was presented to the court in October 2019, now considering the situation with the courts being closed due to the pandemic, with a delay of 3 months, the case has actually taken 6 months. A very speedy result. Hopefully, clients will see more of this in the future.

In this case, the client’s contract with Anfi has been declared null and void with the return of 94,345.61€ Plus legal costs and legal interest. The court in calculating the amount took into account the illegal paying of any money within the statutory cooling-off period and awarded them double the amount by way of compensation.

The clients were assisted by the Consultant Jake Kaiser with the case being prepared and presented by the lawyer Oscar Salvador Santana Gonzalez.

Yesterday 4 August, yet another appeal by Anfi was dismissed with the original judgement of the Court of First Instance of SBT being confirmed.

Once again it was the High Court Number 5, which was sitting in judgement of the appeal, confirming the award of 27,729.43€ Plus legal costs and legal Interest. This also included double the amount paid as a deposit within the statutory cooling-off period. The contract was also declared null and void.

This ruling will now be subject to enforcement action on behalf of the client to ensure that Anfi pays as ordered.

The Danish client was assisted by the Claims Consultant Michael Gadman, with the case being prepared and presented by the lawyers Eva Gutierrez and Hector Cachero.

It is now obvious that the High Courts are taking a very dim view of the constant appeals by Anfi, which we know are frivolous and designed to cause as much delay in payments and causing stress to the clients.

Once again it is a very big congratulations to the whole legal team at CLA and also to the clients who are now timeshare free and about to receive their money back.

Full of irregularities

We now move to the breaking news about the Anfi Tauro Beach Project.

As most of our readers will know Inside Timeshare has been following this story right from the start. (Search Anfi Tauro Beach using the search box).

We know that the work on the project to build a man-made beach at Tauro began without the proper legal permissions or licences, with the Head of the Coastal Authority José María Hernández de León, being dismissed and his trial is as far as we know still underway.


José María Hernández de León
Appearing in Court

This trial was set to open up a can of worms, especially if it turns out that Anfi had influenced the passing of the plans and the starting of the work without the correct permissions and licences.

The Mayor of Mogan Onalia Bueno was also being investigated for authorising the work to start before the permissions were signed, several months after the fact. As far as we know that investigation is still underway. And has not yet been concluded.

El Diario, published on the 3 August (Monday) the news that the concessions to “exploit” Tauro beach has now been officially cancelled by the General Directorate of Coasts. One of the reasons is that the Anfi Group failed to fulfil their obligations of the necessary land transfers to expand the beach.

The project and the object of the concession were to expand the beach from 180 meters long by 18 meters wide to 280 meters by 50 meters. The project was initially to use sand leftover from Las Canteras beach in the Capitol Las Palmas. But as we know this was not the case, sand was illegally imported from the Morrocan occupied territory of Western Sahara, this is illegal under UN sanctions and also European Union regulations.

The use of this sand also has a very serious environmental impact on the area which also includes a protected undersea area around 300 meters from the shore. This case was originally investigated by Seprona, the Guardia Civil Nature Protection Service. The work has now been stopped for years due to the Judicial proceedings which are underway.

The full story can be found on the links below with translations into English, Danish German, Norwegian and Swedish. Apologies if these translations are not accurate as we have used Google translate. But Inside Timeshare is sure you will get the full gist of the story.

El Diario original in Spanish

https://www.eldiario.es/canariasahora/sociedad/costas-anula-concesion-tauro-anfi-incumplir-cesiones-terreno_1_6145194.html?fbclid=IwAR1BJpzAAOktLc5yRpp5LjBHDtsKzH8z-qqbMuxTM2h792CW10m_daeX3HM

English Translation

https://translate.google.co.uk/translate?hl=en&tab=rT&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Fsociedad%2Fcostas-anula-concesion-tauro-anfi-incumplir-cesiones-terreno_1_6145194.html%3Ffbclid%3DIwAR1BJpzAAOktLc5yRpp5LjBHDtsKzH8z-qqbMuxTM2h792CW10m_daeX3HM

Danish

https://translate.google.co.uk/translate?hl=en&tab=rT&authuser=0&sl=es&tl=da&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Fsociedad%2Fcostas-anula-concesion-tauro-anfi-incumplir-cesiones-terreno_1_6145194.html%3Ffbclid%3DIwAR1BJpzAAOktLc5yRpp5LjBHDtsKzH8z-qqbMuxTM2h792CW10m_daeX3HM

German translation

https://translate.google.co.uk/translate?hl=en&tab=rT&authuser=0&sl=es&tl=de&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Fsociedad%2Fcostas-anula-concesion-tauro-anfi-incumplir-cesiones-terreno_1_6145194.html%3Ffbclid%3DIwAR1BJpzAAOktLc5yRpp5LjBHDtsKzH8z-qqbMuxTM2h792CW10m_daeX3HM

Norwegian Translation

https://translate.google.co.uk/translate?hl=en&tab=rT&authuser=0&sl=es&tl=no&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Fsociedad%2Fcostas-anula-concesion-tauro-anfi-incumplir-cesiones-terreno_1_6145194.html%3Ffbclid%3DIwAR1BJpzAAOktLc5yRpp5LjBHDtsKzH8z-qqbMuxTM2h792CW10m_daeX3HM

Swedish Translation

https://translate.google.co.uk/translate?hl=en&tab=rT&authuser=0&sl=es&tl=sv&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Fsociedad%2Fcostas-anula-concesion-tauro-anfi-incumplir-cesiones-terreno_1_6145194.html%3Ffbclid%3DIwAR1BJpzAAOktLc5yRpp5LjBHDtsKzH8z-qqbMuxTM2h792CW10m_daeX3HM