Browse Tag

High Court

Happy Clients Receive Their Money from Timeshare Companies

Following on from yesterday’s article on the ongoing case of the Azure brokered loan agreements with Barclays Partner Finance and the validation order granted by the Financial Conduct Authority, Inside Timeshare has already received many short comments. The story is the same, “this happened to us”, seems to be a recurring theme, it is obvious that we have opened up a very large can of worms. On Monday we hope to be publishing the story of one family and the horrendous problems they have encountered along the way. Today however we take a very quick look at three clients who have now received their long-awaited court-ordered payments.

The first of the payments is to an English client whose case was prepared and presented by Canarian Legal Alliance, a constant thorn in the side of Anfi!

These clients have now received their 13,608€ plus full legal interest which is now safely deposited in their account.

A rather forlorn looking Anfi

It was at the Court of First Instance Number 5 of San Bartelomé de Tirajana, where the judge made the initial award and declared their contract null and void, all in accordance with the law and the Supreme Court rulings. But as we already know from other cases, Anfi, in their warped way of looking at things, still disagreed and launched yet another appeal to the High Court.

Once again the High Court dismissed the appeal and confirmed the original sentence, ordering Anfi to repay the clients, they did not, claiming they “have no money”.

Well, we have heard this before, hence the Provincial Prosecutors Office investigating possible “criminal activities” due to the depleting of bank accounts to others and the changing of company names.

But in this case, as always, the lawyers at CLA are on their trail, identifying new bank accounts, companies etc as they appear and informing the courts of these facts.

The lawyers previously got wind of a “tax rebate” Anfi were to receive and had the court issue an embargo on the full sum, it is from this money that the client has been paid along with others in the same situation.

Anfi in its heyday

In the second case involving Anfi, another English client of CLA is now celebrating after they received 11,308€ plus legal interest which is now safely in their personal account.

This case is very similar to the one above, a resounding win at the Court of First Instance and then the usual Anfi appealed, which as we have seen to be the case always ends in the High Court confirming the original sentence.

It is also another case where these clients have been paid from the “tax rebate” CLA asked the court to embargo.

Surely this should tell Anfi one thing, PAY UP VOLUNTARILY when you lose in the first court, you are only delaying the inevitable!

Airtours Beach Club now known as Blue Bay

In the third payout, which is to a German client of CLA, their 24,234€ has been paid voluntarily by Airtours. This is the second case in a week where this timeshare company has accepted the ruling of the Court of First Instance of Las Palmas and paid without question.

They have accepted that their contracts are illegal and have conducted themselves in a professional and ethical manner. This has a double effect, the client does not have the stress of further court cases and the timeshare company does save on additional legal costs.

If only all timeshare companies who lose in the courts acted in this way, I’m sure it would go some way to repair the damage they have caused to what was once a great concept and product.

I am also convinced that the High Courts will, as we have seen in the past, increase the award from the Court of First Instance on every appeal case and it only serves them right.

The Tuesday Slot: Anfi and Airtours in the News

Welcome to the beginning of another week with Inside Timeshare, for those of you who were looking for our usual Start the Week, our apologies as due to circumstances beyond our control we were unable to publish on Monday. Today we bring you some more information on the Anfi attempt to make members sign the new contracts, a subject that has caused great concern and many enquiries to Inside Timeshare. We also bring the latest news from the courts which highlight Anfi and Airtours.

We begin today with the enquiries on the new Anfi contracts, a subject that has been highlighted over quite a period of time.

Back in June 2017, Anfi held a Special Meeting in which they put forward three options for a change in the contracts, this change was to bring all their illegal contracts within the law. This in itself is not a bad thing until you see the take up was not very good and they have since reverted to using some very underhand techniques to “force” members into signing.

In the past, the story was that they wanted to update their “database”, as members may wish to remove or add someone to or make revisions in the membership certificate. But to do this the new contract needs to be signed. A date of 31 January was set as the final date to complete this. Obviously since then, not many have done so and they reverted to other tactics. (See links below to previous articles).

This began when the current situation developed and travel was severely restricted with members unable to use their weeks. Many questions were asked if they would lose those weeks or carry them forward to 2021, which is what you would have expected.

Well, yes you could save those weeks and receive an “accommodation voucher” to be used in the future, but only if you signed the new contract.

In other words, sign it or lose the week you have already paid for in your maintenance fees!

So what is the reason behind this, it is very simple, Anfi is losing every single case in all the courts for illegal contracts which breach the timeshare laws. Now, remember, these laws came into force on 5 January 1999, yet Anfi along with other timeshare companies believed the new laws did not apply to them and they all continued to sell the same contracts as before.

By forcing members to sign the new contracts in this way, Anfi is attempting to stem the tide of some very disgruntled members from seeking legal redress, having their contracts declared null and void plus the return of the full purchase price plus double any illegal deposit taken within the statutory cooling-off period.

By signing the new contract you are signing away your rights to take any legal action, so it is nothing short of blackmail.

The other point that has been raised by our readers is even if you do sign the new contract, how is Anfi going to accommodate all those members, after all, they do appear to have more members than actual weeks available. We also have to ask what about this year, after all, there does not seem to be any let-up in the travel restrictions, with many members who will be unable to use last years or even this year’s weeks?

We leave you the reader to make up your own mind on those questions.

Now for some court news.

On Friday 8 January, Canarian Legal Alliance announced the “payment” Anfi has finally made to one of their German clients.

The case was originally won at the Court of First Instance with the contract being declared null and void with the client being awarded 9,520€ in respect of their purchase price plus a further 14,000€ for illegally taken deposits.

As we have come to expect, Anfi lodged an appeal with the High Court, once again this court rejected and dismissed the appeal and sent the case back to the original court for execution of sentence.

The client has now received 23,520€ into their own account and the case is now closed.

In a case against Airtours, another German client of CLA is now celebrating with 43,620€ plus legal interest and legal costs having now been paid into their own personal account.

The case was heard at the Court of First Instance of Las Palmas in May 2020, with the court declaring the contract null and void plus all the return of all money.

Unlike Anfi and many other companies, Airtours have paid out voluntarily without the need for lengthy proceedings to ensure compliance. So all credit to Airtours for their accepting the court’s decision and complying with the sentence.

This decision by Airtours has also saved a great deal of money in legal fees for appeals as well as not causing stress and anguish for the client. Maybe, all the other companies including Anfi should take a leaf out of their book!

Tomorrow we will bring you more news from the Azure Malta Action and Support Group in their efforts to bring Barclay Partner Finance to accountability. As we know, BPF is the main provider of finance for the timeshare industry, with sales reps brokering the loans to ensure they get the sale. We also know that no proper credit checks have been made and this has left many timeshare purchasers in severe financial difficulty (mainly retired and elderly people) because of all the lies made by the sales reps. More on this subject in tomorrow’s article.

If you would like further information on any item published or would like to know your legal rights, please use our contact page and Inside Timeshare will get back to you.

Links on the Anfi contracts saga

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

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

End the Week Roundup and the Latest on the CLC Liquidations

Welcome to the end of the first full week of 2021, although the news coming from around the world does not look good with increased restrictions on travel and more lockdowns, it doesn’t stop in the world of the timeshare scammers. In fact, judging by the number of emails received along with the comments posted on the various Fb groups, the number of calls seems to be increasing. Many are those which we have already highlighted, some are new, but, they do all have one thing in common, the scare tactics and misinformation. In today’s article Inside Timeshare once again warns Club la Costa members to be on their guard and to seek advice before engaging with any company that calls. First, we have a quick look at what we covered this week.

We began the week with yet another appeal by Anfi being rejected and dismissed by the High Court. This was the last sentence issued by the court just before Christmas, so it was very welcome news for that particular client.

On Tuesday we had a quick look at our old friends at Mindtimeshare who began publishing again a few weeks ago. Although much of what they posted was out of date, it does serve as a reminder of how careful timeshare owners must be.

We also published the latest information on the Financial Conduct Authority and their validation of the loan agreements brokered by Azure through Barclay Partner Finance. In these articles, we published a link to the Fb Group, Azure Malta Action and Support Group who are gathering other victims for a concerted effort to have the validation order overturned.

In another case surrounding the subject of jurisdiction, this time it was the turn of Diamond Resorts (Europe) Ltd. Once again the Court of First Instance Number 1 of Fuengirola ruled in accordance with all rulings from various High Courts that Spanish Law and Courts do have jurisdiction and the timeshare companies operating from Spain must comply with the law.

Yesterday, in another ruling made by the same Court of First Instance in Fuengirola, ruled in the case of Continental Resort Services SLU, which is a Spanish registered company Club la Costa sales branch, also claimed that their contracts were subject to the Jurisdiction of UK Law and UK Courts.

The judge ruled in accordance with all previous rulings and declared the contract null and void with the client being awarded over 41,000€ plus legal interest and costs.

This case was brought before the courts on behalf of a German client by Canarian Legal Alliance.

Staying with Club la Costa, as we have published previously, there are several Club la Costa sales companies which have now filed for liquidation. We have already been informed that this is being used by some unscrupulous callers to scare CLC members into signing up for relinquishments and claims.

They are claiming that members are going to lose everything due to the liquidations, what we can tell you is these liquidations will have no effect on your membership. It does, however, affect any member looking at making a claim against the sales company which sold them the product.

The companies which are now going into administration are:

Paradise Trading SL;

Club la Costa (UK) PLC  sucursal en España;

Continental Resort Services SL;

California Beach Hotel, S.A.U.

PDF copies of the Official Bulletin Announcements.

If you already have a case in the courts, having a case prepared our advice is to contact your law firm or lawyer for clear and precise advice to check if this affects you and your case.

If you are contemplating legal action against CLC then ensure that you are being told the correct information. If you would like any further information on this or any other timeshare matter, please use our contact page and Inside Timeshare will get back to you.

Have a good weekend and join us again next week for more on the murky world of timeshare.