Browse Tag

Jake Kaiser

End the Week: Court Roundup

Welcome to the end of another week in the world of timeshare, it certainly has been a rather busy week with yet another new “fake” law firm rearing its ugly head. It is the latest incarnation of that long-standing fraud of “fake” law firms we have dubbed the Litigious Abogados Family, this time they really have surpassed themselves in the photographs they have used. According to the Las Alas Abogados website their founder Alberto Canbamo Farola is in fact none other than the serving President of Mexico Andrés Manuel López Obrador. They have also used the photograph of Carlos Torres Vila, who is the President of the BBVA Banking Group, as one of their lawyers Antonio Lamamel Cunio. They also used a photograph taken in Mexico of Vila at a meeting with the Mexican President. The Mexican Authorities and the BBVA have already been informed. Yesterday we published the story of the Radio 4 You and Yours broadcast on maintenance fees during the current pandemic. We end this week with the following court news.

On Monday, the Court of First Instance of San Bartelomé de Tirajana declared yet another Anfi contract null and void.

The court awarded the German client over 44,000€ plus legal interest. When calculating the award, the Judge also ordered that the client should receive double the amount of the deposit taken during the statutory cooling-off period.

The client was represented by the Canarian Legal Alliance lawyer Oscar Salvador Santana Gonzalez, with the client being assisted by the Claims Consultant Jasmin Erhard.

The following day it was another Anfi case at the Court of First Instance of SBT which declared another contract null and void.

This particular case was dealt with at the pre-trial stage as the Judge decided that there was no need to waste time and go to a full trial. This is becoming increasingly more common after all these judges have now been hearing these cases for years and they are tied to the rulings made by the Supreme Court on timeshare law.

In this case, the Norwegian client is to receive 44,688€ plus legal interest, with the court awarding double the deposit paid within the cooling-off period.

The client was represented by the CLA lawyers Eva Gutierrez and Himar Iglesias Pérez, with Claims Consultant Michael Gadman assisting the client.

No doubt we will see Anfi attempting to delay payments by instigating an appeal to the High Court, we cannot actually fathom out why they would do this as in every case they have appealed, the High Court has confirmed the original sentence returning it to the original court for execution of sentence.

On Wednesday it was the turn of Club la Costa to lose in the Court of First Instance in Fuengirola.

The court awarded the German client 41,448€ plus legal interest and legal fees. The court in calculating the award also followed the Supreme Court rulings which confirmed that the taking of deposits within the cooling-off period was illegal, awarded the client over 20,000€ for the cancellation of their contract plus a further 21,000€ in respect of the illegally taken deposits.

Once again the client was represented by the CLA Lawyer Oscar Salvador Santana Gonzalez, with the client being assisted by the Claims Consultant Michael Gadman.

On Thursday it was the turn of Palm Oasis, Tasolan SL to payout a client whose contract has been declared null and void with the return of their full purchase price.

In this case, the payment has already been transferred to the client’s own bank account, they have now received their award of 15,834€.

The English client was represented by the Lawyer Eva Gutierrez with Claims Consultant Jake Kaiser assisting.

Today we also highlight a case from an independent lawyer who specialises in timeshare cases.

Javier Correa announced yesterday that in the Court of First Instance of Marbella he had a total victory against Marriott (MVCI). The companies involved are MVCI Holidays and MVCI Management.

The court declared the contract null and void with the client being awarded £28,220 plus legal interest and legal costs.

These cases certainly show that the courts are siding with the consumer and following the law to the letter. To be honest, it is the timeshare companies’ own fault that they are now being subject to increasing litigation over their contract, after all the laws came into force in January 1999. Surely that is time enough to have changed their ways and complied with the law!

That is all for this week, join us again next week with more news and information on the murky world of timeshare.

Have a great weekend.

Latest From The Courts

Yesterday, Inside Timeshare published the latest in the long-running saga of Mrs B and her battle with MacDonald Resorts, with the latest news that MacDonalds “bloodhounds” the law firm Shepherd and Wedderburn are continuing to pursue a course of action through the County Courts. Inside Timeshare will keep you our readers informed of the latest developments as they come in. But I’m sure that you will all feel for Mrs B and her sister at this very trying time. Today however we bring you the latest from the courts, once again the cases involve our old friends at Anfi.

After publication on Friday, the following news came in, yet another appeal lodged by Anfi with the High Court has been rejected.

Once again the High Court Number 5 of Las Palmas has rejected another appeal made by Anfi against the ruling of the Court of First Instance of San Bartolomé de Tirajana.

The original ruling declared the contract null and void, awarding the English client over 45,000€ plus legal interest. As usual with Anfi contracts, the infractions were the inclusion of floating weeks, the duration of the contract was over 50 years and of course, there was the illegal taking of deposits within the statutory cooling-off period.

As we have said before, we just cannot understand the tactics being employed by the legal team representing Anfi. It seems that they are intent on advising Anfi to appeal at every stage, why we just don’t know. It is perfectly clear to anyone with half a brain that it is pointless to appeal on a case you know is going to fail.

All this does is create more costs for Anfi, increased legal fees, increased legal interest and on some occasions, the High Court has even awarded the client an increased award by way of punishment to Anfi.

It would appear to us that the only winners in these tactics are the Anfi client and Anfi’s legal team.

This case was brought on behalf of the client by Canarian Legal Alliance with the Lawyer Eva Gutierrez preparing the case and representing the client with Claims Consultant Jake Kaiser liaising with the client.

Yesterday yet another win for a client of Canarian Legal Alliance against Anfi, this time it was the Court of First Instance Number 3 of SBT.

Again the case revolved around the illegal contracts which again contained floating weeks, duration of more than 50 years and the illegal taking of payments within the statutory cooling-off period.

The contract has been duly declared null and void with the court awarding a whopping 180,224€ plus legal interest. This is going to be one very happy Norwegian client.

The case was prepared and presented by the CLA Lawyer Aroa Farray Martin, with Claims Consultant Michael Gadman assisting the client.

Inside Timeshare suspects that going by the previous tactics by the Anfi Legal Team, we can expect yet another appeal to be lodged with the High Court. Well, we can already guess what that result is going to be, another rejection and yet more expense for Anfi.

Staying on the subject of claims, another website has just come to our attention:

https://timesharerefundcalculator.com/

Timeshare Refund Calculator Logo
Looks like it was designed by a kid!

This website has only just been registered on the 18 September 2020 and it is set to expire on 18 September 2021, so yet another registered for only one year. Again the registrant is hidden by “privacy protection” so there is no indication who is behind or owns the website.

It is also being posted on Facebook.

There is a distinct lack of information on any company registration, but there is a copyright sign and date with the name timeharereuk next to it yet no reference to this name can be found on the internet. The site also gives this email address:

[email protected]

There is also an address:

27 Chiswick Avenue York YO1 0EG United Kingdom

Yet this address does not appear to be correct, the postcode is definitely for York, but when running a search on the full address nothing in York shows on the map or any search results for this address. In fact, the only address with that street name that shows is for York in Canada, a place just outside of Toronto. See the link to Google maps.

https://www.google.com/maps/search/27+Chiswick+Avenue+York,+YO1+0EG+United+Kingdom/@43.6826247,-79.4728897,11.25z

So just on this information, the website does not look genuine or one that can be trusted.

According to the website they have a timeshare refund calculatorwhere you place your details and they will have an answer for you on your “refund” in around 30 seconds! Wow, that is amazingly fast.

So what we can deduce from this is very simple, this is what is known as a landing site, you fill in the form, they tell you that you do have a claim and how much for, then your details are passed or sold on to another entity, more than likely one of the scam operations.

If you have been in contact with this website, Inside Timeshare would be very interested in your comments. This is yet another example of how careful you must be, not just with cold calls but with adverts on the internet and social media. You can contact us by using our contact page and Inside Timeshare will get back to you.

End the Week: More Court News

Welcome to the end of another week with Inside Timeshare and what a week it has been, with many enquiries from readers regarding “cold calls” and some of the wild claims being made such as the “fake” claims of Club la Costa and Marriott going into liquidation. This included an update on J Foster Associates who also claim that when the UK leaves the EU with “Brexit” UK clients will not be able to take cases to the Spanish Courts, a claim that is totally untrue. We also featured Part 2 of Timeshare Contracts: Held to Ransom. Plus there were some rather interesting results from the courts. We end this week with the latest court news.

At the High Court Number 11 of Barcelona, it was the turn of the Ona Group to be on the receiving end of an appeal being dismissed and the judgement of the Court of First Instance being upheld.

In the original judgement, the Court of First Instance declared the clients contract null and void, awarding the English client 112,724€ plus legal Interest. In this case, the client paid 70,000€ with the extra 42,724€ being made up of the illegally paid deposit taken within the statutory cooling-off period being awarded double.

It is a buyer’s right to withdraw from any contract without any financial penalty within the statutory cooling-off period, which is why it is illegal to take any payments as in the past this was used as a tool to ensure clients did not cancel.

The cooling-off period can be extended to 90 days, which will mean double the amount paid within that period if the purchaser has not been given the necessary information required by law.

The Lawyer conducting the case was Eva Gutierrez of Canarian Legal Alliance with Claims Consultant Jake Kaiser assisting the client.

In another case conducted by Canarian Legal Alliance on behalf of another English client, the High Court Number 3 of Las Palmas, GC, once again fully endorsed the judgement of the Court of First Instance which Silverpoint Vacations SL appealed.

In this case, the contract was declared null and void with the court ordering Silverpoint to repay 98,722€ plus legal fees and legal interest. Once again the court awarded double the amount paid as a deposit within the statutory cooling-off period.

This is just another nail in the coffin of Silverpoint, it also clearly shows that all the courts are now singing off the hymn sheet and applying the numerous rulings made by the Supreme Court which now number 130.

The case was conducted on behalf of the clients by Oscar Salvador Santana Gonzalez with Claims Consultant Jake Kaiser assisting the client.

No doubt before the end of the day there will be more news coming from the courts which we will bring you next week.

On Monday, Inside Timeshare will be giving an update about the ongoing case of Mrs B and MacDonald Resorts, for those who have been following Inside Timeshare for the past 4 years you will be familiar with the case.

Mrs B paid a company to get rid of her two timeshares, one at Oasis Lanz in Lanzarote, the other at Dona Lola Club on the Costa del Sol, a Macdonald run resort. Both were duly transferred to another person, no problem with Oasis Lanz, they just accepted it, not so for MacDonald’s.

They have pursued Mrs B with debt collectors and law firms for the arrears as they do not recognise the transfer. The latest news is that McDonald’s “legal bully boys” Shepherd and Wedderburn based in Scotland are now intent on taking her to court with her sister.

Both are in their 90’s and both have serious health issues, with both being virtually housebound. Yet Shepherd and Wedderburn are sending them documents of cases (6 in total) that they have conducted for MacDonald Resorts over arrears and won. If these are not tactics to scare two elderly ladies I don’t know what is. Join us on Monday for the latest instalment of this disgusting case.

Have a good weekend and take care.