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Judith Diaz Pascual

Start the Week: Great News from the Courts

Welcome to the start of another week with Inside Timeshare and the start of a little relaxation of the lockdown regulations. On Saturday 2 May, the restrictions on movement were relaxed and everyone was allowed to leave their homes and have a good long walk or run, although there are still restrictions in place it is just nice to get out and about. With that good news, we now move on to the news from the courts and more sentences being issued against various timeshare resorts.

Late on Friday we received the news of yet another victory in the courts against Marriott and their affiliated companies, MCVI Management SL and MCVI Holidays SL.

The case was brought on behalf of a German client of Canarian Legal Alliance, with the case being led by Judith Diaz Pascual and was heard at the Court of First Instance No4 in Marbella, Costa del Sol. The contract was as usual declared null and void as it was in breach of the Spanish Timeshare Law 42/98.


Judith Diaz Pascual

This case is very interesting as the client was awarded the original purchase price of 59,581.20€, with the judge awarding 73,829.99€ as a penalty for the illegal taking of deposits within the statutory cooling-off period. We are used to seeing double the amount of the deposit being paid back but in this case, this is a huge amount.

The total amount the client will now receive is 133,411.19€ plus the inclusion of legal interest. It will now be interesting to see how long it will take Marriott to deposit this amount with the court to be repaid to the client. If the way Marriott has been operating in past cases with voluntarily paying into the court before enforcement action is brought, it should not be too long.

First thing this morning the following news was received about six cases heard at the High Court of Las Palmas, with all these cases being presented as appeals.

The timeshare companies involved are Anfi Sales SL and Anfi Resorts SL, these appeals were launched on behalf of the clients by CLA. The reason is very simple, the Judges at the Court of First Instance did not award double the amount taken as deposits within the statutory cooling-off period.

The High Court has overruled these decisions of the First Instance Courts and has followed to the letter the rulings laid down by the Spanish Supreme Court. This is certainly a great decision for the clients.

In total the court has awarded for these six cases amounts to a staggering 374,274.72€ plus legal interest and all appeal costs.

As this was being written yet another ruling from the High Court No5 of Las Palmas has again overturned a previous ruling from the First Instance Court. At present we do not have the figures but it is known that the full purchase price, plus double the deposits taken with legal interest and appeal costs have been awarded. More on this when we get full details.

As we can see, even if the courts are not actually hearing cases at the moment, the wheels of justice still keep on turning with judges issuing sentences on cases heard before the lockdown came into place. Inside Timeshare will keep you updated on the latest news as and when it comes in.

Inside Timeshare is still receiving many emails from readers who have been contacted by Iconel Administration SL with the great news that the courts have awarded them a substantial amount of money. As usual, there will be fees to pay in order to release this money, the problem is the client never had a case in court and was totally unaware that any case had been to court.

As we have reported in many articles not just for Iconel but for all these “fake” law firms who claim they have been appointed by the courts to “trace” clients with money being held by the courts. This is a total fabrication, unless you have personally instructed a lawyer, paid the legal fees and have been informed that a trial date has been set with the possibility that you must attend, then there is no money being held by any courts.

Below are two articles on this company and the links with other dubious “fake” law firms, so if you have received a call or email with the wonderful news, do not believe it. Please use our contact page and let us know Inside Timeshare will get back to you.

https://insidetimeshare.com/end-of-the-week-and-another-fake-firm-emerges/

https://insidetimeshare.com/its-friday-and-the-end-of-another-week/

Canarian Legal Alliance Announce Anfi Payments

Welcome to another week with Inside Timeshare, today we report on the success of the Canarian Legal Alliance “Provisional Enforcement and Execution of Sentences Department”, which is headed by Cristina Batista and Judith Diaz Pascual. This team was created to ensure that all clients do receive what the courts have ordered by the use of placing “embargoes” on the accounts of the offending timeshare companies.

Following the successful outcome of the trials and the courts issuing their sentences, the intrepid ladies of CLA began their job of placing “execution of sentence” orders with the court. Both Cristina and Judith have worked tirelessly in identifying the various accounts of Anfi Sales SL and Anfi Resorts SL.

As we have reported in the past, Anfi has spirited money between accounts to “avoid” paying what the courts have ordered. This has also attracted the attention of the Prosecutors Office in Gran Canaria which is currently investigating these movements, this may just result in criminal charges.

In total, Cristina and Judith have placed 19 embargoes in 4 different courts, these are courts numbers 1, 2, 4 & 5 of the Court of First Instance, San Bartelomé de Tirajana.


Court of First Instance, San Bartelomé de Tirajana

In total, the huge amount of 309,332.81€ has been embargoed and this has now been transferred and paid into the respective courts. Once the courts have processed these funds they will then be paid directly into the accounts of the CLA clients.

CLA has set up the same system of enforcement for all timeshare companies they are currently taking through the courts, so it is not just Anfi clients who will benefit from this process. At least CLA can claim quite rightly that they are doing what they promise and clients do get their money back. It may take a while but at least it is being done.

So to end, it must be congratulations to the Enforcement Team for all their hard work and also to their clients who will soon be able to enjoy their returned money and also be timeshare free,

If you would like further information on how you can have your timeshare contract declared null and void plus the return of your full purchase price, please use our contact page and Inside Timeshare will get in touch.

End the Week

Yes, it is Friday and the end to yet another busy week in the world of timeshare, it has also been a costly one for some of the timeshare companies. Also going by the many emails Inside Timeshare has been receiving it may also have been a costly one for some owners/members who have been on the receiving end of the many “scams” and “fake” law firms out to get your money.

On Monday we highlighted yet another new “claims” company using the name Refund Solutions, which as we reported is actually the trading name of a genuine claims company called Rightpath Insurance Claims Ltd. Inside Timeshare contacted this company and was told categorically that they had no dealings or interest in Timeshare. They are a specialised claims company dealing with travel insurance claims such as cancelled flights.

Once again we see the “scammers” using the name of a genuine reputable company to give them credibility when consumers try to check on them. This does reinforce the fact that your “homework” needs to be very thorough indeed.

We also once again highlighted Solutions SL from Tenerife and their attempt to deprive timeshare owners/members of their cash. In this article, according to Solutions, they have just won a momentous case against Incentive Leisure, Personal Travel Group, DWVC and their directors. Well, this is really fantastic considering the companies went after the death of Gary Leigh, so the question is who was in court?

In the “fake” court document (above) there are the names of around 67 people, several of them readers of Inside Timeshare who had no dealings with the above companies. Yet all those named have been “awarded” 32.000€, but to get this they have to pay 3000€ each, that is a staggering 201,000€!

Have you ever thought you are in the wrong job!

We now move to genuine news from the courts, the first is yet another case against Anfi Sales SL and Anfi Resorts SL. in a similar case to the one we highlighted last week, the High Court in Las Palmas overruled another Court of First Instance judgement, this again involved contracts sold after the timeshare laws came into effect on 5 January 1999.

The case was brought before the Court of First Instance where Anfi declared that the contract was legal as it fell within the “two year” period of grace. The judge agreed and the case was found in favour of Anfi.

The lawyers of Canarian Legal Alliance did not agree and subsequently lodged an appeal with the High Court. The Judge once again ruled that the contracts were illegal and that the 2 year period of grace was not intended for the continued selling of contracts which contravened the new laws.

The High Court Number 2 also ruled yet again that any payments made within the statutory cooling-off period must be paid back double, this amounts penalizing Anfi for the breach of the law.

In this case, the client UK client will now receive over 26,000€, with the court also ruling that the client receives back the costs of the First Instance Court and for the appeal be returned to the client including legal interest.

During the week we also received the news of yet another cash payout of over 45,000€ by Anfi. This is a result of yet another “enforcement action” by the Provisional Enforcement and Execution Team at CLA, headed by Judith Diaz Pascual and Cristina Batista

This morning the news came in of a case heard in the Court of First Instance of Palma de Mallorca, this case involves Restotels SA which is part of the Ona Group.

Once again the court has declared the contract null and void and awarded the UK client 31,449.60€. The court also penalized Restotel SA for the taking of illegal deposits within the statutory cooling-off period to the value of 40,320€.

The case was brought on behalf of the client by the Canarian Legal Alliance lawyers Miguel Ángel Melián Santana and Óscar Salvador Santana González.

So it is a big congratulations to the happy clients who are now ex-timeshare owners and to the lawyers and legal team at CLA.

As a side note, Restotel SA is a part of Ona Group who have recently purchased Excel Hotels and Resorts SA. This company was part of the Bob Trotta timeshare empire and was closely linked to Silverpoint who as we know have many claims in court against them. We have also reported that there is an investigation in progress regarding the many irregularities in the internal trading between Silverpoint and other companies in the Trotta group.

That is all for this week it now just leaves us to remind all our readers to ensure that you do your homework when contacted by any company giving you great news regarding your timeshare.

Have a great weekend and join us again next week for more insights into the scams and murky world of timeshare.