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Mercantile Courts

End the Week: Court Round-Up

Well, it’s Friday again and the end of another week with Inside Timeshare. We finish with a quick round-up of the latest court news, once again this news would not be complete without the appearance of our old friends at Anfi and in contrast, there is some news about Marriott. There is also some news regarding the various administrations of companies being conducted at the Mercantile Courts, more on this next week once clients have been informed.

The week began with yet another appeal at the High Court Number 5 of Las Palmas, where the judges confirmed both of the Norwegian client’s contracts with Anfi are null & void. This also confirmed the original ruling by the Court of First Instance that included the 69,105€ for the original purchase, along with a further 53,656€ in respect of illegally taken deposits.

The High Court also confirmed the payment of legal interest and legal fees.

This was followed the next day with another Norwegian client having their First Instance victory confirmed by the High Court.

The original judgement declared the contract null & void, the repayment of 44,371€ plus legal interest and legal costs. The total included the 17,316€ which is double the amount taken illegally as a deposit.

Anfi as usual was not satisfied with the judgement of the court and again launched another frivolous appeal. Every case we see coming out of the appeal court is a defeat against Anfi, so given the situation they are in, why are they wasting so much money with these appeals?

Moving now to a completely different attitude, on 4 October 2021, The Court of First Instance Number 3 of Marbella, issued their verdict in the case of a German client against MVCI Management and MVCI Holidays.

The court ordered the contract null & void plus the repayment to the client of 25,688€. Just three weeks later, Marriott has deposited the funds with the court and the client will soon receive this into their own account.

What a difference to Anfi!

Another sentence against Marriott has been issued by the Court of First Instance Number 7 of Marbella, in favour of another German client.

Along with the contract being declared null & void, the court awarded the client to be repaid by Marriott 24,571 plus legal Interest. No doubt we shall be reporting on this case in a few weeks if Marriott keeps up with their practice of paying without enforcement proceedings.

These cases were prepared and the clients represented in court by the Lawyers of Canarian Legal Alliance.

That is all for this week, for the time being Inside Timeshare will only be publishing a few articles each week, if anything of importance comes up it will be published.

Have a great weekend and join us again next week.

Anfi: The Story Behind the News Part Five

We end this week with Part Five of “Anfi: The Story Behind the News”. It began with the “dream” of one man, it was certainly a vision that was becoming reality, unfortunately all that was to change. Then there was the brief partnership with Tui, which gave rise to the takeover by Santana Cazorla. Since that time we have seen many boardroom clashes, court battles and the instigation of many investigations into Anfi and the controlling party. Today we highlight the latest in those battles and once again it is the Cazorla’s against the Lopesan’s.

The latest case is very interesting, it has opened up so many possibilities, but the motive behind it all is what made it more interesting.

Mercantile Court Las Palmas

The case was heard in The Mercantile Courts of Las Palmas, Gran Canaria, this is after a long battle that has been quietly raging behind closed doors. In one corner is Cazorla, in the other Lopesan, and the stakes are high.

The case has ended up before the Courts as Lopesan has argued for the involuntary bankruptcy of Anfi Sales and Anfi Resorts. It has fallen on Magistrate Alberto López Vallarubia to decide on the matter.

He must now decide if these companies have sufficient assets in order to service their short-term debts, if not their insolvency should be declared. This would mean the appointment of a court administrator to manage the liquidation or salvage the companies. According to our sources, the appointed administrators would rather find a solution such as selling off the company.

The case has been brought by another of the Lopesan companies Isla Marina SL and is also a creditor of the two named companies. They claim this debt is around 30 million euros.

So this brings us to our original question, motive.

We all know or suspect that Lopesan would love to establish full control over Anfi, we also suspect that the Lyng family would also welcome that news.

According to the discussions we’ve been having with those more akin to business matters, this certainly looks like what they termed a “hostile” takeover. The more the discussion continued the more examples kept appearing, not just in timeshare but all across the board.

Could this be a “legal” way of gaining control of a company that is on the board?

As we stated, the appointed administrator has to find a solution, selling the company to pay off a debt or part of a debt is a possible solution. It may also give Lopesan if they take over the two companies the leverage they require.

At the moment it is all pure speculation, this is just one scenario albeit a very plausible one, but you will hear and be told some stories in the coming weeks until the courts make their decision public. We will then have a long wait while the Court Appointed Administrator carries out their work.

If you already have a case in the pipeline and you are not sure what you have been told is true, please contact your legal representatives, they will be able to reassure you.

This has been an interesting series of articles to research, there was a lot more information found, but then this is not the place for something of that length, maybe in the future it may all be told.

Inside Timeshare hopes, you have enjoyed the articles and they have made you think about what is going on behind the scenes, you as members have a vested interest, after all, you paid a lot of money for your membership along with the annual maintenance fees.

Many of these contracts are the subject of the many articles published about the court cases around the world of timeshare, not just Anfi, but Diamond, Marriott and others. All in breach of the laws enacted on 5 January 1999, this law has been enforced by the rulings of the Supreme Court and are very much in favour of the consumer.

If you would like to find out if your purchase is covered and you do have a valid and viable case, then to see what options are open to you, please use our contact page and we will get back to you.

Have a great weekend and join us again next week. 

Links to previous articles on the legal battles.