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Isla Marina SL

The Tuesday Slot: Legal News, Silverpoint & Anfi

Welcome to The Tuesday Slot and yet another public holiday in Spain, this one is called Fiesta Nacional de España or Día de la Hispanidad. This National Holiday has its roots in 1492, it was on this day that Columbus first set foot in the Americas. So as you will have already guessed, everything is going to be closed today, that includes the courts. But we do have some news from the courts, one item about Silverpoint and the other is important information regarding Anfi and the administration of two companies.

First Silverpoint, as we already know, although Silverpoint is in the process of liquidation with the Mercantile Court, there are still cases running in the Civil Courts, these will be Courts of First Instance and The High Courts.

These cases are going ahead as the aim is to release clients from their timeshare contracts and in many cases as “shareholders” in the “Company Participation Scheme” set up by Silverpoint themselves.

This scheme was designed from the outset to deceive, many clients who bought “shares in these companies” believing they were purchasing weeks or actual properties are now stuck in a very complex situation. They have no control over these companies but they do have all the responsibilities that go with them. In our thinking, this should not have been a civil matter but is clearly criminal in its intent.

The Court of First Instance Number 4 of Arona, Tenerife, has had the dubious pleasure of studying these contracts in the past, declaring them null & void as with other timeshare contracts. In this case, the Swedish Client has also had their contract terminated plus the return of over 650,000€, this also includes double the amount of illegally taken deposits.

This client will now have their claim processed by the Mercantile Court along with other clients which Canarian Legal Alliance is representing in order to safeguard their rights to payment and be confirmed as creditors.

Moving now to Anfi, following on from our previous news of Anfi Sales SL and Anfi Resorts SL being placed into “necessary administration” by the Mercantile Court, the Boletin Oficial del Estado, which is the source for official announcements, has now issued their bulletin on this matter. As soon as a copy is available, Inside Timeshare will publish it.

The newspaper El Diario, yesterday published an article by Ivan Suarez on the liquidation of these two companies, which are subsidiaries of the Anfi Group. Suarez reports that at the end of September Anfi Sales and Anfi Resorts entered the process for “necessary bankruptcy”, this was at the beginning of 2020 and on the application submitted by Isla Marina SL, (a Lopesan subsidiary), the debt was huge and probably underestimated. This is maybe due to the fact that the court claims had not been factored in by the petitioner.

The Judge Alberto López Villarrubia, presiding at Mercantile  Court 1 of Las Palmas de Gran Canaria, ruled in his order that these companies were insolvent, that they were unable to pay these obligations from their accounts or from any ordinary income, (remember our articles on the movement of funds?) placing them in the hands of a bankruptcy administrator, he will supervise their accounts, control expenses, negotiate the return of debts and, ultimately, attempt to prevent bankruptcy and full liquidation.

One of the entities that may just become the “main creditors” is the law firm Canarian Legal Alliance, which represents around 1,300 clients with claims at various stages of the legal process, with an estimated total value of over 56 million euros. That is an average of 43,000€ per client.

CLA Lawyer Eva Gutiérrez, who is the leading expert on Anfi and its accounts has been instrumental in the investigation of movements of funds, She is confident these resolutions will be ratified by higher authorities and is working to ensure that all clients are represented and have their payments secured.


CLA Lawyer Eva Gutiérrez,

Inside Timeshare has been informed that CLA is contacting their Anfi clients with all the latest updates and have already begun to prepare these claims. They also report that their legal team is time-limited on preparing their request for “credit recognition” and presenting it to the court-appointed administrator.

More on this story as and when it comes in, no doubt there will be plenty in the coming weeks.

If you have a contract with Anfi and would like further information as to its legality and on taking out legal action to have the contract declared null & void plus the repayment of your purchase costs, please use our contact page and Inside Timeshare will get back to you. Investigate now before it is too late.

El Diario Articles by Ivan Suarez

https://www.eldiario.es/canariasahora/tribunales/despacho-abogados-calcula-56-millones-euros-deuda-grupo-anfi-clientes-timesharing_1_8387739.html

An insolvent company or “a dream” for the banks ?: two experts draw opposite realities of the Anfi Group

English translation

https://www-eldiario-es.translate.goog/canariasahora/tribunales/despacho-abogados-calcula-56-millones-euros-deuda-grupo-anfi-clientes-timesharing_1_8387739.html?_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-GB&_x_tr_pto=nui

Translations

Danish

https://insidetimeshare-com.translate.goog/the-tuesday-slot-legal-news-silverpoint-anfi/?_x_tr_sl=en&_x_tr_tl=da&_x_tr_hl=en-GB&_x_tr_pto=nui

Dutch

https://insidetimeshare-com.translate.goog/the-tuesday-slot-legal-news-silverpoint-anfi/?_x_tr_sl=en&_x_tr_tl=nl&_x_tr_hl=en-GB&_x_tr_pto=nui

Finnish

https://insidetimeshare-com.translate.goog/the-tuesday-slot-legal-news-silverpoint-anfi/?_x_tr_sl=en&_x_tr_tl=fi&_x_tr_hl=en-GB&_x_tr_pto=nui

German

https://insidetimeshare-com.translate.goog/the-tuesday-slot-legal-news-silverpoint-anfi/?_x_tr_sl=en&_x_tr_tl=de&_x_tr_hl=en-GB&_x_tr_pto=nui

Norwegian

https://insidetimeshare-com.translate.goog/the-tuesday-slot-legal-news-silverpoint-anfi/?_x_tr_sl=en&_x_tr_tl=no&_x_tr_hl=en-GB&_x_tr_pto=nui

Swedish

https://insidetimeshare-com.translate.goog/the-tuesday-slot-legal-news-silverpoint-anfi/?_x_tr_sl=en&_x_tr_tl=sv&_x_tr_hl=en-GB&_x_tr_pto=nui

Mercantile Court Orders Liquidation of Two Anfi Subsidiaries

The news we have been expecting has now been announced, The Mercantile (Commercial) Court Number 1 of Las Palmas, has now agreed to the “declaration of necessary” Bankruptcy, involving Anfi Sales SL and Anfi Resorts SL. Both companies are heavily involved in litigation over their sales of illegal timeshare contracts.

This declaration was requested last year by the company Isla Marina SL, a subsidiary of Lopesan, to Judge Alberto López Villarrubia of the Mercantile Court. The two companies aka “the debtors”, who as we know are part of and controlled by the Santana Cazorla Group, have now had their “powers of administration and disposition of assets” suspended and these are now under the control of the administrators of the case.

Judge Alberto López Villarrubia
of The Mercatile Court Las Palmas

During the course of the case, three “expert” reports were provided on the situation regarding Anfi Sales and Anfi Resorts. Full details can be read on the link to Canarias 7.

In short, the judge endorsed the findings which highlighted a “lack of liquidity and solvency” of the two entities. It was also recalled that in 2019, Anfi Group requested “additional financing” from the bank in order to “refinance a debt” of a syndicated loan. This debt is believed by the expert report to be in the order of 56 million euros.

The report also concluded by “pointing out” that the “financial situation” of the two companies was “ideal”, but also acknowledged that it would most certainly require new “credits or refinancing”.

So where does this leave the legal actions against these two companies?

As we know the leading law firm against Anfi is Canarian Legal Alliance, they currently have around 59 million euros in claims against these companies. According to their own investigations which are also running hand in hand with those being conducted by the authorities, there are sufficient funds and assets to cover these costs.

It is believed that around 400 million euros are currently on the balance sheets, not being a financial genius I am probably as stumped as most of you, considering how Anfi portray themselves as SKINT!.

Yesterday we mentioned the two CLA lawyers who are instrumental in these investigations, no doubt they were already aware of these moves and already had contingency plans formulated for such an event. Now that it is official, they will be able to ensure that all client’s interests are met.

Cristina & Eva, Specialists on Anfi

This breaking news follows on very nicely from Part Five of last week’s series on Anfi, which explored the legal wrangles between the Cazorla Group and Lopesan, also mentioning this particular case. We did not expect an answer as quick as this, so once again it does look as though Lopesan is getting closer to gaining full control of Anfi. A move that we believe can only benefit those with illegal contracts.

This news is likely to begin a series of “cold calls” by some of the more unscrupulous entities, using it as scare tactics to get your business. This placing into administration of the two companies does not affect your membership, the two companies involved are the sales companies which are only responsible for selling the product and not running it. If you receive any calls and are unsure please get in touch with Inside Timeshare, or if you have a case in process, our advice is to contact your own lawyers for information.

If you have an Anfi contract and would like to know if it is indeed illegal under the timeshare laws and what legal rights and options are available to you to seek redress. Please use our contact form and Inside Timeshare will get back to you.

As you have seen on these pages, if the contract is illegal, the courts will declare it null and void, return the full purchase price plus double any deposit taken, leaving you timeshare and maintenance-free. Don’t forget, you can still book Anfi using other methods, usually a lot cheaper than your maintenance.

Canarias 7 link

https://www.canarias7.es/economia/juzgado-mercantil-numero-20210926220250-nt.html?fbclid=IwAR3h_4q3HWuvIqMtWE37BnHW-0lDMNgpqEhtO1_ZhjtL2PcPYthZ1gMt3mc

English

https://www-canarias7-es.translate.goog/economia/juzgado-mercantil-numero-20210926220250-nt.html?fbclid=IwAR3h_4q3HWuvIqMtWE37BnHW-0lDMNgpqEhtO1_ZhjtL2PcPYthZ1gMt3mc&_x_tr_sl=es&_x_tr_tl=en&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

Translations

Danish

https://insidetimeshare-com.translate.goog/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/?_x_tr_sl=en&_x_tr_tl=da&_x_tr_hl=en-GB&_x_tr_pto=nui

Dutch

https://insidetimeshare-com.translate.goog/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/?_x_tr_sl=en&_x_tr_tl=nl&_x_tr_hl=en-GB&_x_tr_pto=nui

Finnish

https://insidetimeshare-com.translate.goog/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/?_x_tr_sl=en&_x_tr_tl=fi&_x_tr_hl=en-GB&_x_tr_pto=nui

German

https://insidetimeshare-com.translate.goog/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/?_x_tr_sl=en&_x_tr_tl=de&_x_tr_hl=en-GB&_x_tr_pto=nui

Norwegian

https://insidetimeshare-com.translate.goog/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/?_x_tr_sl=en&_x_tr_tl=no&_x_tr_hl=en-GB&_x_tr_pto=nui

Swedish

https://insidetimeshare-com.translate.goog/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/?_x_tr_sl=en&_x_tr_tl=sv&_x_tr_hl=en-GB&_x_tr_pto=nui

Anfi: The Story Behind the News Part Five

We end this week with Part Five of “Anfi: The Story Behind the News”. It began with the “dream” of one man, it was certainly a vision that was becoming reality, unfortunately all that was to change. Then there was the brief partnership with Tui, which gave rise to the takeover by Santana Cazorla. Since that time we have seen many boardroom clashes, court battles and the instigation of many investigations into Anfi and the controlling party. Today we highlight the latest in those battles and once again it is the Cazorla’s against the Lopesan’s.

The latest case is very interesting, it has opened up so many possibilities, but the motive behind it all is what made it more interesting.

Mercantile Court Las Palmas

The case was heard in The Mercantile Courts of Las Palmas, Gran Canaria, this is after a long battle that has been quietly raging behind closed doors. In one corner is Cazorla, in the other Lopesan, and the stakes are high.

The case has ended up before the Courts as Lopesan has argued for the involuntary bankruptcy of Anfi Sales and Anfi Resorts. It has fallen on Magistrate Alberto López Vallarubia to decide on the matter.

He must now decide if these companies have sufficient assets in order to service their short-term debts, if not their insolvency should be declared. This would mean the appointment of a court administrator to manage the liquidation or salvage the companies. According to our sources, the appointed administrators would rather find a solution such as selling off the company.

The case has been brought by another of the Lopesan companies Isla Marina SL and is also a creditor of the two named companies. They claim this debt is around 30 million euros.

So this brings us to our original question, motive.

We all know or suspect that Lopesan would love to establish full control over Anfi, we also suspect that the Lyng family would also welcome that news.

According to the discussions we’ve been having with those more akin to business matters, this certainly looks like what they termed a “hostile” takeover. The more the discussion continued the more examples kept appearing, not just in timeshare but all across the board.

Could this be a “legal” way of gaining control of a company that is on the board?

As we stated, the appointed administrator has to find a solution, selling the company to pay off a debt or part of a debt is a possible solution. It may also give Lopesan if they take over the two companies the leverage they require.

At the moment it is all pure speculation, this is just one scenario albeit a very plausible one, but you will hear and be told some stories in the coming weeks until the courts make their decision public. We will then have a long wait while the Court Appointed Administrator carries out their work.

If you already have a case in the pipeline and you are not sure what you have been told is true, please contact your legal representatives, they will be able to reassure you.

This has been an interesting series of articles to research, there was a lot more information found, but then this is not the place for something of that length, maybe in the future it may all be told.

Inside Timeshare hopes, you have enjoyed the articles and they have made you think about what is going on behind the scenes, you as members have a vested interest, after all, you paid a lot of money for your membership along with the annual maintenance fees.

Many of these contracts are the subject of the many articles published about the court cases around the world of timeshare, not just Anfi, but Diamond, Marriott and others. All in breach of the laws enacted on 5 January 1999, this law has been enforced by the rulings of the Supreme Court and are very much in favour of the consumer.

If you would like to find out if your purchase is covered and you do have a valid and viable case, then to see what options are open to you, please use our contact page and we will get back to you.

Have a great weekend and join us again next week. 

Links to previous articles on the legal battles.

https://insidetimeshare.com/great-anfi-battle-partners/

https://insidetimeshare.com/the-great-anfi-battle-of-the-partners-round-2/

Translations

Danish

https://insidetimeshare-com.translate.goog/anfi-the-story-behind-the-news-part-five/?_x_tr_sl=en&_x_tr_tl=da&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

Dutch

https://insidetimeshare-com.translate.goog/anfi-the-story-behind-the-news-part-five/?_x_tr_sl=en&_x_tr_tl=nl&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

Finnish

https://insidetimeshare-com.translate.goog/anfi-the-story-behind-the-news-part-five/?_x_tr_sl=en&_x_tr_tl=fi&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

German

https://insidetimeshare-com.translate.goog/anfi-the-story-behind-the-news-part-five/?_x_tr_sl=en&_x_tr_tl=de&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

Norwegian

https://insidetimeshare-com.translate.goog/anfi-the-story-behind-the-news-part-five/?_x_tr_sl=en&_x_tr_tl=no&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

Swedish

https://insidetimeshare-com.translate.goog/anfi-the-story-behind-the-news-part-five/?_x_tr_sl=en&_x_tr_tl=sv&_x_tr_hl=en-GB&_x_tr_pto=nui,elem

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