Welcome to the start of another week with Inside Timeshare, last week we reported on the latest “fake” law firm to appear, Martin and Perez, supposedly based in Madrid. According to them, they have been appointed by the courts to trace “victims” of either past timeshare scams or their own timeshare resort has been found guilty and there is a substantial amount being held by the courts for repayment. As we know the courts do not appoint or contract third parties, this method is also being used by two other fake law firms which appeared around the same time, Suarez and Simpson along with Morales and Maxwell. We do believe that these are connected. Today we bring you the latest Anfi appeal to be dismissed at the High Court and yet another win at the Court of First Instance. On the subject of court cases, we also answer the comments which have appeared on one particular Facebook page that “no one” gets paid out.
We begin with yet another appeal being dismissed by the High Court Number 5 of Las Palmas, Gran Canaria.
The case brought on behalf of a Norwegian client of Canarian Legal Alliance was originally heard at the Court of First Instance Number 3 of San Barlelomé de Tirajana. The judges at this trial declared the contracts null and void and ordered Anfi to repay the clients over 54,000€ plus legal interest and legal costs.
As we have seen with all past cases, Anfi once again launched an appeal, although it is their legal right to do so, it does make us wonder why they are wasting time with these appeals considering every single one has resulted in the dismissal of the appeal and the confirmation of the original judgement and sentence.
No doubt CLA will have already launched their case for the execution of the sentence and the immediate payment to the courts of the required sums.
In another case against Anfi, this time at the Court of First Instance Number 5 of SBT, the lawyer representing another Norwegian client was Eva Gutierrez with Michael Gadman assisting.
The court once again found the contracts illegal with many breaches of the timeshare laws form duration of the contract being over the prescribed 50 years maximum, the containment in the contract of floating weeks and not to forget the illegal taking of payments within the statutory cooling-off period. Along with these infringements, there will be others regarding the non-disclosure of information in the contracts required by law.
The contract was duly declared null and void with the court awarding 28,840€ plus legal interest and legal costs. The court ordered 12,265€ in respect of the cancellation of the contract but added an additional 16,575€ as double the amount taken in the illegal deposit.
CLA is now in the process of making their application to the court for a provisional execution of sentence before Anfi lodges their appeal. We all know that Anfi will go through the process of filing with the appeal court, even though we and they know the case will just be dismissed and the sentence confirmed.
These appeals are lodged for one reason only to cause as much delay legally possible, we also know that the State Prosecutors Office is investigating the movement of funds between accounts which we know is being done to delay the payments. This investigation could lead to some very serious criminal charges. We will just have to wait and see what the outcome of this investigation brings.
We now move to comments being made by some Anfi members of the Anfi Del Mar Rentals, Resales and Contract Discussion Facebook Group.
One member asked the question about clients being paid out after winning their cases against Anfi. A rather important question for someone who may be thinking of taking up legal representation against Anfi.
It is a fact that payments to clients from their cases against Anfi are taking time to be paid out, but Inside Timeshare has published the reasons for this on many occasions in the past couple of years. The answer has even been given in the first part of today’s article but here it is again.
Anfi has over the past few years removed money from accounts that are about to be embargoed by the courts, these funds have been deliberately moved to avoid payment of court orders. This in itself is the basis for the investigation and is a criminal move. Part of this is to launch appeal after appeal.
Eva Gutierrez has been investigating this for some time, with all information being passed to the relevant authorities. You can see the article where Eva was interviewed on Spanish National Television News on this subject below.
All we can say is that if you wish to believe those who claim that CLA do not pay their clients, the proof that they do is available, it is also well documented that Anfi are the ones who do not pay.
FB is not the place to get any accurate information, it is full of people with their own agendas and views, they speculate on legal matters without having any knowledge and create confusion with their answers. It should also be noted that most people who have won their cases and have received their payments always opt for anonymity, after all, would you like the world to know your business?
Below is a link to the Canarian Legal Alliance website and their “dashboard”, this gives an up to date breakdown of the number of cases, the amount that is being claimed and the amounts which have already been received and paid to clients. Some of the documents showing the latest payout are also included.