Browse Tag

Isla Marina SL

Start the Week: Two of our old Friends are Back in the News

Welcome to the start of another week with Inside Timeshare, we ended last week with the latest news from the courts, today we begin with news of another appeal by Anfi being rejected. MacDonald Resorts will also be making a reappearance on our pages in the near future, today however we will give you a brief outline of our readers problems, for many, it will be a very familiar story.

The once respected Anfi

So, yet another frivolous appeal by Anfi Sales SL and Anfi Resorts SL has been roundly rejected by High Court Number 3 of Las Palmas, Gran Canaria. The news of this particular case arrived just after the publication of our Friday article.

The case which involves English clients was originally heard at the Court of First Instance Number 4 of San Bartolomè de Tirajana. At this hearing, the judge ruled that Anfi must repay the client full repayment of 30,883€ plus legal interest and return of their legal costs.

The contract which was also declared illegal and therefore null & void consisted of “floating weeks” that have been deemed illegal as they hold no value or substance. There was also no end date on the contract, so it was what is known as perpetuity. The law clearly states that contracts should be no longer than 50 years in duration and the termination date must be clearly shown.

The court also included in the repayment, double the amount taken as a deposit within the statutory cooling-off period. The point of the “cooling-off period” is to give the consumer the chance to cancel the contract without loss. As most of you will know, the sales process is lengthy and high pressure, the taking of the deposit tends to secure the “deal”, as most will not cancel in fear of losing the substantial deposits paid. This is something the sales teams of all timeshare have used to negate the “buyers remorse”, a term used in timeshare for those who want to cancel.

The High Court unanimously endorsed the original sentence and ordered Anfi to comply with these orders.

This client’s case will now be filed with the Mercantile Court to ensure they are accepted as “creditors” by the court-appointed administrator. This is due to the fact that Anfi Sales and Anfi Resorts have been placed into “necessary bankruptcy” by the Lopesan subsidiary Isla Marina SL. See the link below for the full story.

Once again this case was prepared and presented on behalf of the client by the lawyers of Canarian Legal Alliance.

https://insidetimeshare.com/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/

The Plas Talgarth Resort, located on the southern tip of Snowdonia National Park

We now move to the upcoming article on MacDonald Resorts, as our regular readers will know, Inside Timeshare has over the years published many articles on the disgusting “business” practices of this Scottish Timeshare Developer. One thing is very clear, they are probably one of the worst operators in the timeshare industry, even the RDO had to remove them from membership!

Our reader first contacted Inside Timeshare back in March, with pleas for help as MacDonalds had already begun to initiate court proceedings using their “legal bloodhounds”, Shepherd and Wedderburn, for so-called arrears in maintenance fees. Something we know that MacDonalds actively pursues even against the elderly and those in distinct financial difficulties. This history of “legal extortion”, as that is what it really is, has been going on for many years as all MacDonald “members” will have seen.

We did highlight this case back in March and it was passed to the BBC Radio 4 program You and Yours, unfortunately, because of the upcoming court case, they were unable to proceed with the program.

The case has now gone to court and we will be bringing you the full story from our reader, who had to give up his employment to become the sole carer for a very ill Father. Below is the initial message our reader sent in.

“In 2013, I signed what I thought was a document allowing me to use a timeshare unit at Plas Talgarth later that year.  As it happens, I wasn’t able to use that holiday, so it was all a waste of time and money anyway.  From then onwards, I have received an annual bill for hundreds of pounds from MacDonalds for a service fee.  I have told them repeatedly that I have never holidayed with them and never will.  I have never paid this fee and now they have taken me to court – even though I’ve never had a single night’s holiday with them!”

Once again we are seeing signs of deception on the part of the sales staff, our reader had no idea he was signing and purchasing a timeshare membership with MacDonalds. Inside Timeshare is working with our reader to ensure the correct information is published.

All that Inside Timeshare can say at this point is you will be horrified at this Nightmare on Timeshare Street.

Link to the last article on MacDonald Resorts.

https://insidetimeshare.com/macdonald-resorts-still-praying-on-the-elderly-and-vulnerable/

If you have any questions on your own timeshare purchase and contract, whether it is illegal and what your options are, either for a claim of relinquishment, then please use our contact page and Inside Timeshare will get back to you.

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