Welcome to the start of another week with Inside Timeshare, the original article which was published this morning on the “Bankruptcy” of the Cazorla Group, has had to be removed temporarily, the reason is we have received some information that needs to be added along with some points which need to be clarified. This article will be published in full in due course.
Last Friday, the BBC Radio 4 program You and Yours were supposed to broadcast the story of our reader and their problems with MacDonald Resorts. At the last minute, our reader was contacted by MacDonalds who made an offer. So the BBC decided not to broadcast the item.
Our reader has since been in contact with Inside Timeshare and we are pleased to report that the offer made was satisfactory, he is very pleased with the outcome and has now come to an agreement. The case is now concluded and closed.
We do hope that MacDonald Resorts take a very long hard look at their policies and how they treat their members, it would save MacDonalds a great deal of adverse publicity and improve their credibility. Times have changed, members are no longer going to put up with how timeshare companies treat them, they need to change and change quickly.
Last week was a rather difficult week in the courts for the timeshare industry, with yet another Club la Costa case being found in favour of the client. Again CLC tried to appeal the decision of the court to accept the case, citing the contract was subject to UK law and UK jurisdiction.
This move was rejected and the Court of First Instance of Fuengirola found against CLC, declaring the contract null and void with the return of over 45,000€ plus legal interest and legal costs.
In the High Court Number 5 of Las Palmas, Anfi had yet another appeal dismissed with the original sentence of the Court of First Instance being confirmed.
The High Court also confirmed the counter appeal by lawyers representing the client that the Court of First Instance did not take into account the illegal taking of deposits within the statutory cooling-off period. The High Court duly applied the double payment of these deposits increasing the original award by over 20,000€ bringing the total to around 48,000€ Plus legal interest and legal costs. The contract was also declared null and void.
Then on Friday afternoon, another case against Anfi was announced by the Court of First Instance of San Bartelóme de Tirajana. The client’s contract was declared null and void with the court awarding a massive 185,241€ plus legal Interest and legal costs. No doubt Anfi will launch yet another appeal to the High Court, just to be awkward and cause the client as much stress as possible.
Again the clients were represented by the lawyers of Canarian Legal Alliance, who will continue to represent them throughout all stages of the case including any appeals they make.
That is all for today, if you have any questions or comments, please use our contact page and Inside Timeshare will get back to you.
Welcome to the Tuesday Slot with Inside Timeshare, we begin today with the news of a final payout to a client by Anfi after an unsuccessful appeal to the Supreme Court. The news of this appeal was published on 16 March along with another appeal to the Supreme Court by Diamond Resorts, which was also unsuccessful with the judges roundly rejecting the appeal.
Anfi lost the original case at the Court of First Instance where the contract was declared null and void and they were ordered to repay the client over 45,000€. As we have seen in all these cases Anfi launched another appeal to the High Court of Las Palmas, the court rejected and dismissed the appeal confirming the original judgement and sentence.
Anfi, true to form, decided to waste the court’s valuable time and launched an appeal with Spain’s Highest Court, The Supreme Court in Madrid. This court has made 130 rulings on Spanish Timeshare Law and set them in stone or what is known as jurisprudence.
The Anfi appeal to the court was based on their request “for clarity” on previous rulings, we have to ask what clarity?
It appears that this “clarity” was a suggestion by Anfi that there was an element of “contradiction” in some of the previous rulings made by the High Court of Las Palmas. As we have seen with previous appeals the High Court has been following all the rulings of the Supreme Court to the letter and upholding sentences from the Court of First Instance. In many cases, the High Court has also improved the original sentence such as the lower court failing to take into consideration the illegal taking of deposits and not awarding double the amount taken.
This is a precedent made by the Supreme Court and has been enforced in all cases.
Obviously, Anfi lost their appeal and the case was returned for the execution of the sentence.
As we have previously reported, Anfi uses this ploy to delay any payments which also gives them time to “spirit away” funds from the relevant accounts in order to avoid payment. Unfortunately for them this is not working and is also being investigated by the Provincial Prosecutors Office of Gran Canaria. This may just result in criminal charges being brought against the directors and the board which is in the control of the Cazorla Group. We also know that they are themselves in severe financial difficulty.
The lawyers from Canarian Legal Alliance who represented the English client throughout these proceedings had already placed provisional execution of sentence proceeding with the court. This has become standard procedure for the lawyers at CLA and also helps to save time.
They managed to get a partial settlement but were still 13,345€ short of the awarded amount of 45,825€. With all their procedures in place and the threat of embargoes, the final amount has now been secured with the client already receiving this money into their own personal bank account.
Another successful case has now reached a conclusion and we expect to see more of the same in the coming months. No doubt Anfi will continue to waste time and cause the courts more work with their appeals, a ploy which in the end will cause them more financial problems.
We have been informed that the program You and Yours will be highlighting these stories on Friday 26 March, the program goes on air at 12:20 pm, please find the time to tune in and listen, we are sure that it will be very interesting. If there is any change in scheduling Inside Timeshare will let you know.
That is all for today, if you have any questions or comments on any article published, please use our contact page and Inside Timeshare will get back to you.
Welcome to the start of another week with Inside Timeshare, last week we published the story of one reader’s experience with MacDonald Resorts, it is truly a “Nightmare on Timeshare Street” story. Yet this is only the tip of the iceberg, Inside Timeshare has received yet another “Nightmare on Timeshare Street” story involving MacDonald Resorts and their use of the Courts to extort money from their members. We also have a quick look at the news which came out of the Spanish Courts last week, these involved our old friends Anfi and Silverpoint with one case against Holiday Club.
We begin with MacDonald Resorts and their constant use of the County Courts to force “members” into paying their maintenance fees, even though they are unable to use the weeks due to age or ill-health. In many cases, they are also unable to afford the payments and being “locked-in” to perpetual contracts they have no way out.
We also know that MacDonald Resorts will attempt to freeze assets to ensure payments, they will also do the same with any will, ensuring the family of the deceased are unable to execute the will and are forced into paying.
Article on this subject by Tony Hetherington published 2014
Our latest reader is already in the courts and it does not look good, MacDonald Resorts and their “legal bloodhounds”, Shepherd and Wedderburn are intent on destroying this readers life.
In short, this reader is no longer working, he has no assets of his own and for some time now has been the sole carer for his very ill Father. He was also unaware that he had signed a contract for “lifetime” membership to their club, he thought he was only purchasing one weeks holiday. Since that time he has been in constant contact with MacDonalds as to why he is being constantly billed for annual maintenance fees, all to no avail. Letters and emails are not replied to, just the constant threats of legal action if the arrears are not paid.
We will be bringing you more on this story as we receive the details on how he ended up as a member.
To put things into perspective and a possible reason for this action by MacDonalds, we do know that they and their owner Donald MacDonald are in severe financial difficulty. They are in fact in debt to the tune of £275 million! This was even before the pandemic took effect.
Please see the links below for this part of the story.
We now move to news from the Spanish Courts.
On Tuesday 16 March new came in of yet another appeal by Anfi being dismissed and the confirmation of the original sentence of the Court of First Instance, by the High Court Number 5 of Las Palmas.
The original case was heard in the Court of First Instance Number 1 of SBT, where the court ruled the contract null and void, demanding Anfi to repay 18,278€ plus legal interest.
As usual, Anfi appealed the decision to the High Court, for no other reason than to delay payment.
The German client’s lawyers, Canarian Legal Alliance also filed a counter appeal as the awarded amount did not show any reference to the deposits illegally taken within the statutory cooling-off period. This point has been firmly established by the Supreme Court and should have been repaid in double.
Along with confirming the sentence of the lower court, the High Court ordered an additional 28,055€ to be added to the original amount and also included legal cost to be repaid to the client. This brings the total to 46,333€ including legal interest.
The following day, the High Court Number 4 of Santa Cruz de Tenerife confirmed the original sentence delivered by the Court of First Instance Number 4 of Arona against Silverpoint. The original sentence was the declaration the contract was null and void with the return of 125,119€ plus legal interest to the client.
As expected Silverpoint appealed to the High Court, which dismissed the appeal and confirmed the sentence of the lower court, declaring the contract null and void and confirming the 125,119€ plus legal interest. This time they also added the return of all legal costs to the client.
CLA who represented the client is now in the process of applying to the Mercantile Court to expedite the payment of these funds. This is due to the application by Silverpoint to file for liquidation.
On Thursday, Swedish clients of CLA were celebrating as they received their payment of 10,517€ into their own bank account after Holiday Club paid as ordered by the courts.
The case was originally heard at the Court of First Instance Number 5 of SBT with the declaration that the contract was null and void.
It must be noted that, unlike other resorts, Holiday Club accepted the ruling and voluntarily lodged the money with the court. This has not only saved them further legal fees for the appeal but also the possibility of further payments to be added by the High Court.
On Friday afternoon, after yet another appeal to the High Court by Anfi after the Court of First Instance Number 2 of SBT declared the contract null and void with the repayment of 16,548€ plus legal interest.
As with the case above, CLA also filed an appeal with the High Court Number 5, as the original sentence did not show any reference to the payment of double the amount taken by way of illegal deposits.
As we have now come to expect, the High Court had no hesitation in dismissing the appeal by Anfi, finding that the appeal had “no substance”. They confirmed the original sentence increasing the awarded amount by 15,988€ and also adding in the repayment of legal costs.
So the German client can now expect to receive 32,536€ plus legal interest and legal costs.
As we know CLA always files a “provisional execution of sentence” after the ruling by the lower court, they are now in the process of expediting the immediate collection of these funds for the client.
Along with the story about MacDonald Resorts and the antics of Anfi and Silverpoint, this really does show how unscrupulous these timeshare companies are, the only one that has shown any ethical sense is Holiday Club. Let us hope that CLA is successful in receiving a swift payout from Anfi and Silverpoint.
Are you a MacDonald Resorts member, are you or have gone through the same problems as shown in our reader’s stories, if so please use our contact page and Inside Timeshare will get back to you.