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High Court

Start the Week

Welcome to the start of another week with Inside Timeshare, last week we published the story of Silverpoint and the news that the court-appointed administrator has completed his review of the liquidations. For Silverpoint and the past management team this was not good news, it now clearly leaves the door open for possible criminal charges to be brought. Unfortunately, we have heard from many readers on the proliferation of cold calls regarding not just Silverpoint but also Azure in Malta.

The nature of these calls is to entice owners into parting with huge sums of cash in order to make a claim against Silverpoint or Azure. As usual, the caller states that they will get the owner out of their contract with a termination and then make a claim, the only problem here is who are they going to sue?

Both these companies along with many others of The Limora Group are in the process of being liquidated, the major law firms involved in current cases are no longer taking on any new cases because of this. It is also a fact that very few cases have ever been through the Maltese Courts against Azure, the main reason for this has been the problem of jurisdiction. This is a problem we have seen with other companies, such as the jurisdictional arguments of Diamond Resorts and Club la Costa.

As we have seen in the past, any news will be used and twisted by the unscrupulous in order to get you to part with your cash, all on the promise of receiving back your full purchase price, from a company that is liquidating. So unless you already have a case in court with a genuine law firm your case will never get to court with any of these callers.

Moving on now to our old friends at Anfi, last week was not a very good one for them, losing at every turn. Not only have they lost in the Court of First Instance, they are also losing every appeal they lodge with the High Court.

In total the courts ordered Anfi to repay clients over 150,000€ in just a few days, this is without all the other payments Anfi will be liable for, such as legal interest and the repayment of clients’ legal costs. Then there are also Anfi’s own legal costs, paying their lawyers, and also the costs of lodging the appeals with the courts.

This does make you wonder what they are playing at, they lose every case in the First Instance, appeal to the High Court, and then lose those appeals, it really does not make any sense whatsoever. Could it be that the management at Anfi are just plain stupid or are they being duped by their own lawyers with dubious appeals?

That is one question we are unable to answer, what we do know is that all of this is a blatant attempt to delay paying clients what is rightfully theirs. In the end, it will not bode well for Anfi and the management team, especially with the Provincial Prosecutors Office making criminal investigations into the movement of funds between accounts, exactly the same as Silverpoint did. As they say, watch this space.

That is all for today, if you have any questions or comments on this or any other article, please use our contact page and Inside Timeshare will get back to you.

Start the Week: Marriott Complies with Court Order

Welcome to the start of another week with Inside Timeshare, today we take a look at a case from the Court of First Instance of Marbella which, unlike many other cases we have been following, has been completed in record time. We have to ask the question why has this case only taken 10 months to go through the courts with the sentence issued and payment made to the court.

This case involved German clients who purchased two contracts with Marriott at Son Antem, with deposits taken within the statutory cooling-off period, along with a floating weeks system and contracts with a duration of more than 50 years.

The Court of First Instance Number 8 of Marbella declared both contracts null and void plus awarded the clients 49,084€ for the purchase. The court also in accordance with the Supreme Court rulings on the taking of illegal deposits ordered a further 32,124€ which is double the amount taken in illegal deposits.

In total the court has awarded 81,208€ plus the clients have also been awarded legal interest and the return of their legal fees.

In just two months of the judgement, Marriott has already voluntarily deposited the full amount with the court, making this one of the speediest cases we have seen for a long time. When we take into account the time to translate the documents, prepare the case, submit it to the court then the 8 months for the case to be heard once filed, we have a case that has probably taken just around 12 months from start to finish.

So why has this case with Marriott been so quick?

One part of the answer can be found in our articles published 2018 and again in March 2021, in these articles, we reported that Marriott, which is a public company, has to make a full report to shareholders and the Securities Exchange Commission. In these reports (which can be found on the links to the previous articles), Marriott admitted they are losing in the courts and especially the Spanish Courts.

Marriott also announced that it had set aside litigation expenses of $16.3 million in respect of cases in the US and Spain. We have so far not seen anything like this from any other timeshare company, let alone admitting they are losing.

This aside, there are also the tactics that are being employed by other timeshare resorts of causing delays with late filings at court, constant appeals, and arguments over minor points of the case. The main culprits using these methods are our old friends at Anfi and we have to say that even Club la Costa has used similar methods in the past.

What we have seen with these delaying tactics are the courts becoming very frustrated with the timeshare resorts, in many cases the High Court has increased the payment awarded, adding the legal fees where they had not been granted by the lower courts. These can be considered to be punishment by the courts and they are well within their rights to do so.

It should also be considered how much it must cost in legal fees to their own lawyers, to constantly appeal, counterappeal, and file representations as to why the case should not be heard.

Obviously, Marriott, having to report their finances to shareholders and the Securities Exchange Commission, having to justify any expenditure, and reduction in profits to shareholders is a major factor in what Marriott appears to be playing ball. All we can say is this is good news for Marriott members with cases at court.

This case was brought on behalf of the clients by Canarian Legal Alliance, with the Lawyers Aroa Farray and Christine Ihmann with Claims Consultant Evi Richter assisting the client.

Links to past articles

https://insidetimeshare.com/marriott-admit-losing-in-spanish-courts/

https://insidetimeshare.com/the-tuesday-slot-marriott-and-the-spanish-courts/

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Start the Week

Welcome to the start of another week with Inside Timeshare. First, for those who have been following the Euro finals, yesterday was a little disappointing for our English readers, but it has to be said, the lads and the manager made us proud. It is just a shame that the abusers have already taken to social media and attacked some young and talented players who gave their all. Now back to what we are here for, timeshare latest.

Since Inside Timeshare has been offline, the woes for Anfi have not gone away, in fact, they have just been getting worse, but it is of their own doing!

At every turn, Anfi still thinks the law is wrong and appeals every decision made by the courts against them, from the moment a case is filed with the court they will delay responses and disagree with all decisions made by the courts.

Yet as we have seen, not one case which is filed with the courts has a contract that is not in breach of the timeshare laws first enacted in January 1999. These contracts range from “perpetuity” which is never-ending, to points and fixed week systems, not to forget the illegal taking of payments within the statutory cooling off period!

These are just the basics, once the contracts are explored with the expert eye of the lawyers, they begin to find other infractions which come under other laws designed to protect the consumer.

But the courts are now well aware of the tactics Anfi is using, unfortunately, they have to allow these appeals, it is the legal right of Anfi to do so, even though the judges can see the reasons behind the appeals, their hands are tied and the legal process must go on.

What we have seen recently though, is a growing tendency of the appeal courts to process these appeals in a much quicker time, with every appeal being dismissed and the original judgments confirmed.

Then there is the matter of Anfi complying with the sentences issued against them, the delays in paying into the courts the funds to be returned to the consumer using some very dubious methods.

These dubious methods are now under investigation by the Provincial Prosecutors Office of Gran Canaria. This investigation has been running for quite some time now and is looking at possible criminal charges involving the suspicious movement of funds.

One of the reasons which triggered this investigation is the fact that by moving these funds it appears that Anfi could be seen as attempting to ignore a court order. This point is noted as being a criminal act in Spain.

This is only the tip of the proverbial iceberg, we have an investigation into the dealings of Anfi with the various agencies including the Mayor of Mogan, over the debacle which is known as the Anfi Tauro Beach Project. There are also other investigations into members of the Cazorla Group board who are also involved with Anfi, it is certainly a very big can of worms.

The worst part of all this is the fact the Anfi resort is loved by many, so what is turning members to the courts?

The answer is very simple, it is now they are finding that what they were sold in the first place is not what they were promised. It is the attitude towards the members when they have a problem, it is the lies and falsehoods passed out by management on various subjects, the most recent being the replacement of contracts.

The signing of these new contracts is being portrayed as a legal obligation by the members, what Anfi is not telling you is their main reason for the change. They know full well their existing contracts are illegal, and by “enticing” members to change they are saving their own skin, after all, once the new contract is signed, the member loses all legal rights to sue Anfi.

Rather than come clean with their members and admit they are losing in the courts accepting the original judgements, (or even settle out of court), the management seems to rather pay their lawyers and accumulate more charges with the appeals. We just wonder where they are getting the money to pay for all this, could it be your maintenance fees?

It is not just Anfi who are losing in the courts, but it is Anfi who keeps coming up with appeal after appeal, no doubt we will be bringing you more results from the High Court of Las Palmas in the very near future.