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High Court

News on Thursday: Day 12 of Lockdown

Welcome to you all from our “house arrest” in Spain, we are now on day 12 (I think?), with the distinct possibility of another 15 days “lockdown” being implemented. Here in Gran Canaria the vast majority of citizens are observing the rules and staying at home unless it is shopping for essentials. Now that all the hotels and resorts have closed with all the tourists returning home the streets and beaches are now empty.

The normally bustling Puerto Mogan

Staying on this particular subject, last week a video was shared around Facebook and other social media of a UK tourist on holiday in Tenerife. She was seen swimming in the pool at the Paradise Park Hotel and it can clearly be seen that the pool is cordoned off.

She was informed by hotel staff that she should get out as use of the pool is not allowed. She refused and the police were called, she ignored them. In the video, one of the police officers strips down and then drags her to the poolside where another officer pulls her out. She is then handcuffed and taken away to the cells while using the usual profanities against the police.

She was held for 24 hours and the hotel refused her back in, they then left the island, she is on bail pending court appearances.

There is only one problem here, she is Joanne Rust, 53, from King’s Lynn, Norfolk and was the Labour candidate at the last election also being photographed with Jeremy Corbyn.

Not what you would call a very good example from a person who would be a representative of your local area. Unfortunately, her escapade has not really made a very good impression to the citizens of Tenerife of her fellow countryman. (see the link below for the full story and video).

https://www.euroweeklynews.com/2020/03/24/selfish-tourist-who-defied-spains-covid-19-lockdown-to-swim-in-a-hotel-pool-in-tenerife-revealed-as-a-hard-left-union-rabble-rouser/?fbclid=IwAR1W8bzGtDLV-O2h5x8HJ8FwJCgBv-SdccYD8mqVuZ4M1HBXiNDx4ki1U6g#.Xnn2ZBvPkeZ.facebook

Although there is a nationwide lockdown, some court staff are still working albeit with smaller teams, so although trials may have been suspended, the courts and the judges are issuing sentences from cases previously heard. Hopefully, this will clear the backlog of judgement waiting to be issued.

The latest were issued in the past few days, the first was a High Court win for a Swedish client against Holiday Club Canaries Sales and Marketing SL and Holiday Club Finland. The client’s contract was declared null and void and the court has ordered the return of over 17,000€.

In another case, a Norwegian client who won their case at the Court of First Instance has now received their payment, even though Anfi as always appealed the judgement.

In this case, the client’s lawyers Canarian Legal Alliance did not wait and launched immediate “Provisional Enforcement and Execution of Sentence”, resulting in the freezing and embargo of Anfi accounts. The client has now received over 31,000€ back into their own account.

So we now have another two happy and timeshare free ex-owners.

As we have reported over the past week or so, all hotels and resorts including Anfi have been ordered to close, this officially came into force today. But, there are still many comments appearing on various social media sites and forums by Anfi members about the attitude of Anfi.

In one post, the member stated that by mistake they have paid double the yearly maintenance fees for 2020. They have been trying to get the overpayment back since January, but, to no avail.

Anfi’s answer, that’s you paid for next year.

Considering the news of the Cazorla’s being taken to court for compulsory liquidation by one of their creditors, this should not be of any surprise to any of the members. In this post, the member has asked the question “who to contact and what to do?” Simple answer: sue them, after all, you mean nothing to them, you are just a source of income.

Another question being asked on these forums is one we have highlighted previously, this regarding cancellation of bookings.

The poster asks why Anfi has not made any direct contact with members regarding this, once again the answer is simple.

As we have reported Anfi is not interested in you, the members, they want to charge you to cancel, then charge you yet again to re-book the week if banked. Then don’t forget that to use this week you will need a “voucher”, but you can only get this voucher if you sign the new contracts Anfi have been trying to introduce over the past couple of years.

For all those who still believe that Anfi is the greatest, this should be a wakeup call that you mean nothing to them apart from your bank accounts. So far Inside Timeshare has not received or found any similar complaints or comments from any other timeshare company, as usual Anfi still believes they can do whatever they like and screw the members.

For further information on your legal rights and options, please use our contact page and Inside Timeshare will get back to you.

That is all for today, remember, observe the lockdown, maintain social distancing and stay safe.

It’s Friday and the End of Another Week

Welcome to the last article for this week and what a week it has been, the number of emails being received from readers who have had dealing in the past with Eze Group and ABC Legal and ABC Lawyers has been huge. All are coming up with the same story and unfortunately, some have been taken in and have now lost up to several thousands of pounds. We also give a round-up of the legal news from the courts around Spain this week.

We begin with the readers emails regarding Eze Group, ABC Legal and ABC Lawyers, as we have reported on these pages over the last year or so and especially recently, there are a number of companies that have emerged who are targeting the “victims” of the above companies.

All are very similar in that they inform the client that they have a case in court or the money is held by the court waiting to be claimed. The only problem is there is a fee to pay to either have the money released by the courts or for other “legal” fees such as translations.

The most disturbing fact about these companies is the links they have with each other and also with past “fake” law firms. The companies are:

O1C Leisure and Legal Solutions SL

Inconel Administration SL

Platinum Services and Administration SL

Litigation Services SL

The fact is the director of Platinum and O1C is Jose Miguel Muñoz Cañas along with the director of Litigation Services Calle Guden Daniel Ernesto are very much linked with past “scam” companies on the Costa del Sol:

Fastline Legal Services SL, Greenges 2005 SL and are also known to have been involved with the most notorious “fake” law firm Ramirez and Ramirez, along with the ex-director of Platinum Sharifi Dadvar Mahmoud Reza were also involved with other very dubious companies from the past:

Fuengirola Servicios 2002 SL

Key Property Town Advisory (KPTA)

The Justice Group Direct

Other factors are the shared addresses of these companies plus the fact they all come up with a very similar story, “we have been appointed by the courts”, funny thing is that is exactly what Ramirez and Ramirez said years ago!

See links at the bottom of the page for previous articles.

On Monday we published the news from the Supreme Court that they had rejected an appeal by Anfi on a sentence that went against them at the Court of First Instance and the High Court. This news confirmed that the Supreme Court which has issued 130 rulings on the timeshare law was not going to act any differently than before. They have ruled and set the laws which came into effect in January 1999, which needed to be tested, are now set in stone. This was a great blow to Anfi but a great result for the client and their lawyers.

On the 11 March, the news broke that Marriott who had lost a case at the Court of First Instance in Palma de Mallorca had lodged an appeal. This was then swiftly followed by Marriott VOLUNTARILY paying a considerable sum into the court in accordance with the sentence. It is believed that they have also withdrawn the appeal, we are awaiting confirmation of this.

This could also be in line with the announcement back in 2018 that they had set aside $16.3 million to cover litigation costs as they admitted losing in the Spanish courts. This was published in Market Exclusive.

This morning the news arrived of yet another bank transfer as ordered by the courts, this time it involves Anfi.

Due to the work of the Provisional Execution Enforcement Team of Canarian Legal Alliance, one German client is about to receive over 68,000€ plus his contract is now null and void leaving him timeshare free.

No doubt as the day goes on there will be more news coming from the courts which Inside Timeshare will publish next week.

All that remains is to say have a great weekend and remember to do your homework before engaging with any company that promises the world to you.

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

https://insidetimeshare.com/start-the-week-more-consumer-warnings/

https://insidetimeshare.com/more-consumer-warnings/

Start the Week: Latest News From the Supreme Court

Welcome to the start of another week with Inside Timeshare, today we bring you news which came in late on Friday from the courts. The first is a sentence from the High Court of Las Palmas de Gran Canaria against Anfi, one from the Court of First Instance in Arona, Tenerife involving our old friends at Silverpoint and a very important decision from the Supreme Court in Madrid.

This case was heard in the High Court and was an appeal by Anfi against the sentence issued in the Court of First Instance. This has become a very regular occurrence by Anfi who still believe that the law has been interpreted wrongly by the courts and especially the Supreme Court.

In this sentence from the High Court, Anfi Sales SL and Anfi Resorts SL have been ordered to reimburse the Norwegian client over 41,000€ with the contract being declared null and void. As usual, the infringements in the contract were the use of floating weeks, the length of the contract and the taking of payments within the Statutory cooling-off period.

In the Court of First Instance of Arona, Tenerife, Silverpoint was ordered to repay one UK client over 68,000€ with the contract being declared null and void. Immediately after the sentence was issued the enforcement team at Canarian Legal Alliance launched a separate case to embargo the accounts of Silverpoint.

The team managed to secure the funds and this has now been released to CLA’s escrow account and has already been transferred to the client’s own account. So another happy ex-timeshare owner.

We now move to a very important decision by Spain’s Supreme Court in Madrid, as we already know this court has ruled 130 times against timeshare companies and has enforced the Timeshare Law 42/98 which all courts must now follow.

This follows yet another appeal by Anfi Resorts who lost in both the Court of First Instance and the High Court, expressing their discontent at the decisions made by the lower courts and also the precedents set by Spain’s highest court. As we stated above, Anfi still believes that the law is wrong and that the courts especially the Supreme Court have misinterpreted the law.

This time the Supreme Court did not hear the case, it was rejected and sent back to the High Court for the execution of sentence, the court also rejected reviewing the sentence and have made it quite clear that they will reject any further appeals. The court believes that they have made enough rulings on this subject and that the law is very clear. It is also very apparent that the Supreme Court is likely to reject many more appeals from the timeshare industry.

In this case, the client is now set to receive over 124,000€ along with legal interest and legal costs and has also had their contract declared null and void, another very happy ex-timeshare owner.

Once again these cases were brought on behalf of the clients by the lawyers of Canarian Legal Alliance, so congratulations are in order to the whole legal team at CLA.

If you have any questions about this or any other article published or you would like to know if you have a contract which may be illegal, please use our contact page and Inside Timeshare will get back to you.