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.
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.
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.