Browse Tag

Miguel Rodriguez Ceballos

Breaking News: Prosecutors Office Denounces Anfi

Further to our article about the Anfi partner IFA’s AGM published on 22 July 2019, in this article, it was revealed that IFA was subject to questions regarding all the court cases, the possible cost to IFA and what it would mean to shareholders. The article also explained how IFA is being denied any influence or information on the running of Anfi by their partners Santana Cazorla who owns the “Golden Share”. Today’s article brings in a new dimension to the tale.

The newspaper El Diario has published that The Provincial Prosecutor’s Office of Las Palmas has now filed two complaints against two of the Anfi Group Companies, Anfi Resorts and Anfi Sales. The nature of the denuncias is for hiding assets in order to avoid seizures of money in the execution of sentences issued by the courts against Anfi Group for the numerous infringements of the law in the sales of their timeshare product.

Link to the full report published by El Diario 26 July 2019. (To translate from Spanish open in google and right-click on the article selecting translate)

https://www.eldiario.es/canariasahora/tribunales/Fiscalia-denuncia-Anfi-ocultar-embargos_0_924258398.html?fbclid=IwAR2RFYXoewmBTTWBITZLZcXgTe-nSnEmsBgkz04DVFTqzrXm9czh6dqsx5Y

English Translation.

https://translate.google.es/translate?hl=en&tab=wT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2FFiscalia-denuncia-Anfi-ocultar-embargos_0_924258398.html

On 12 July, the Prosecutor Elena Herra signed the papers that send the investigative proceedings opened in January to the Court of San Bartolomé de Tirajana. This follows denunciations by two lawyers Eva González of Canarian Legal Alliance and Miguel Rodriguez Ceballos (formerly of CLA) on behalf of clients following Anfi’s failure to pay the court awarded amounts to the clients by enforcing embargos.

This process is being initiated in all cases and given the refusal of the Anfi Group to comply and voluntarily pay as requested by the courts, the court has demanded a list of all assets in order to embargo and seize the assets.

It is also alleged that since 2014 to the present millions of euros have disappeared from these current accounts with the balances being practically zero. This is despite the fact the activity of the selling of timeshare at Anfi has neither ceased or decreased as stated in the annual statements of the Anfi Group.

The information has revealed that Anfi Resorts and Anfi Sales accumulated more than 13 million euros in sales one month before the Supreme Court made its first-ever ruling establishing that no contract was to be sold for a duration of more than 50 years (Law 42/98). By December 2017 those 13 million euros had been reduced to 400,000€ and that figure has decreased even further within the last 18 months.

In this specific case, five examples of cases in which Anfi have failed to pay on sentences issued by the courts between 2017 and 2018, some of these are for sums in excess of 200,000 euros. This is despite the fact that there are in existence orders and decrees that urge the company to comply with the execution of sentences under severe penalties for serious disobedience.

The Prosecutors Office has requested that preliminary proceedings be opened in the courts regarding these facts and that the legal representatives of Anfi Sales and Anfi Resorts, members of the boards of directors for both companies in 2018, persons responsible for services be investigated as legal entities and the person responsible provide the relationship of the assets to the courts.


Court of San Bartolomé de Tirajana, Maspalomas, Gran Canaria

A second article was also published by El Diario on 28 July, in this article, it was announced that lawyers from Canarian Legal Alliance on behalf of their clients have filed for a court administrator to be appointed to oversee the accounts.

According to El Diario Anfi stopped the first of three applications to the court by immediately settling with the clients and paying them what they were due. However, in the case of other clients, the court has already convened for September to try and reach an agreement to pay them if this is not settled the court will activate the option of the Judicial Administrator and embargo the accounts.

This leaves Anfi in a very precarious position as the emptying of accounts to avoid payment could lead to criminal action against the companies and the responsible persons involved. It leaves us in no doubt that the courts are taking this matter very seriously.

Link to the second article published by El Diario.

https://www.eldiario.es/canariasahora/tribunales/Anfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

English Translation

https://translate.google.es/translate?hl=en&tab=wT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2FAnfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

For those clients with cases yet to be heard or waiting for sentences to be issued this is very good news indeed as it will set a precedent and will lead to quicker payments as ordered.

Inside Timeshare will be watching this latest development very closely and will publish any further news when it comes in.

The Tuesday Slot with Irene

In this week’s Tuesday Slot with Irene, we welcome another new contributor, Alicja Tandecka from Poland, with comments from Irene Parker. This story is one with a happy ending, so Inside Timeshare is pleased to share this with you. But first we have a quick look at Europe.

On the legal side, it now looks like we have two courts where the judges have decided to dispense with full trials and issue judgements at the pre-trial stage. Usually the pre-trial is a general review of the case and the judge will then decide to set a date for a full trial.

The Courts of First Instance No 1 & 4, of San Bartelomé de Tirajana in Maspalomas have now in several cases decided that a full hearing is no longer necessary. Their reasoning behind this is very simple, it is a matter of contracts, they are in breach of the timeshare laws 42/98 & 4/12 along with the rulings from the Supreme Court. In these cases the judge has decided to rule and issue his sentence, the last one was issued within three days of the hearing.

This is obviously good news for clients, as it will speed up the legal process no end.

Another lawyer known to these pages has now started to publish the results of his cases, Javier Correa, who at one time worked with Miguel Rodriguez Ceballos of Canarian Legal Alliance. With the news that Javier is now publishing his results does go to prove that what timeshare companies such as Anfi, are stating that these are all fictitious cases is not true. They are a matter of public record, Inside Timeshare even published links to the official website where these case files can be accessed.

News has just been received on the EZE Group case, Dominic O’Reilly and Stephanie O’Reilly his daughter, are to appear at Birmingham Crown Court on Monday 30 April 2018 for sentencing. This will be good news for all those EZE Group clients who have been taken in by this company. One question which we will ask, is how will Birmingham City Football Club deal with this, after all EZE Group are linked to them and also have a stand named after them?

As we were about to publish , we went to check some details on the EZE Group website, the account has been suspended and cannot be accessed.

More news on this next week.

Now for our Tuesday Slot.

Alicja Tandecka’s Trip to America turns into a Polo Towers

Diamond Resorts Issue Resolved!

The Federal Trade Commission’s Report on Complaints

April 24, 2018

By Alicja Tandecka

My visit to America from my home in Poland to attend an Arbonne conference turned into a travel dilemma after I signed a contract to purchase a Sampler product from Diamond Resorts. I signed a contract to buy 20,000 Diamond Sampler points for $4,000.

Two hours after I signed the contract, I decided I had made a mistake, so I went back to cancel. I was alarmed to read that this Sampler product has no cancellation period, even though I had found on the internet Nevada has a seven day cancellation period. I feel this is a very unfair business practice.

As a foreigner in a foreign country, I did not know where to turn. I reached out to Inside Timeshare and the Diamond Member Sponsored Advocacy Facebook for help. I will be eternally grateful to have found them and their pro bono help in all this will not be forgotten. This is what restores my faith in humanity.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

As you can see, we were having a great time in America until I realized I had made a mistake buying something I really did not understand.

https://www.facebook.com/alicjatandecka

Irene Parker from Inside Timeshare directed me to the Diamond Resorts Consumer Advocacy department. I told her about the high pressure sales presentation I attended. Irene explained that Diamond has introduced a program called CLARITY that promises no high pressure and that I should explain to that department what happened.  

When I went back two hours after I signed the contract to cancel, the office was closed. The next morning I went back again and was asked to write down the reasons why I wanted to cancel so the agent could send this to Diamond corporate. The agent I spoke with assured me I would be refunded, but I was worried.

Irene explained that Timeshare Advocacy Group™ advocates have helped 404 timeshare members because reports indicate there is no enforcement of timeshare regulations in Nevada and a few other states. She suggested I submit an article to Inside Timeshare about my experience. She sent my article to Diamond Resorts for comment to see if someone might reach out to help me end this ordeal. Someone did so my trip to America ends with many new Facebook friends and a timeshare issue resolved!   

Comments from Irene

The Federal Trade Commission released complaint statistics and timeshare made the highest dollar amount. The amount of $1,700 seems low as timeshare member reports from members reaching out to Inside Timeshare include members losing money in amounts ranging from $25,000 to $400,000 or more.

The most common comments:

I’m so embarrassed! I feel so stupid! We haven’t told our kids!

Excerpts from the FTC report:

The Federal Trade Commission has released statistics on complaints and other problems reported in 2017. Some came directly from consumers, while others originated with law enforcement agencies and other organizations, including the Better Business Bureau.

The FTC received 2.7 million reports in 2017, a slight decrease from 2016. However, the amount of money people reported losing to fraud increased 7.5 percent to $905 million. The true numbers are much higher since many people don’t report being defrauded because they’re embarrassed, afraid, or don’t know where to turn for help.

Abusive or fraudulent debt collection calls were the top source of complaints in 2017, representing 23 percent of all reports. Identity theft, led by credit card fraud, and impostor scams rounded out the top three.

For the first time, the FTC broke out the numbers by the age of the person filing the report and the results mirror what the BBB has found in analyses of complaints it receives. Younger people reported losing money to fraud more often than seniors, but seniors suffered a greater dollar loss.

The median loss from all types of fraud was $429. Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population.

Florida had the highest per capita rate of reports to the FTC, at 993 per 100,000 population. Tennessee came in 10th at 649 per 100,000 and Mississippi was 27th at 514. North Dakota had the lowest ratio at 277 per 100,000 population.

https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

Inside Timeshare will walk with Alicja until her issue is resolved or foreclosed. We’re checking into whether defaulting on $4,000 will have any great effect on her credit report in Poland or create any problems coming to America in the future.  

More helping hands:

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Alicja for your contribution, Inside Timeshare and all the team who work with Irene are very pleased to have been of help, we are glad that your trip has ended with a host of new friends and we wish you luck for the future.

If you have any comments, questions or concerns about this or any article published, or need help to decide what to do and who you can trust, then use our contact form and Inside Timeshare will get back to you.

 

Thursday Updates

In Yesterday’s article on RSB Legal based in Redditch Worcestershire, looking like they have ceased trading, Inside Timeshare was contacted by Praetorian Legal, with the following information which we publish for our readers.

They have advised us that Praetorian Legal had been contacted by RSB Legal in order to underwrite some of their termination business.

Their statement is, if you received a Praetorian Legal indemnity document, they have advised us that Praetorian Legal will honour their indemnity and timeshare owners will remain fully covered under the Praetorian Legal Timeshare Protection Indemnity.

Inside Timeshare would like to thank Gary Smith of Praetorian Legal for responding so quickly, this does show their are some companies who are willing to do the right thing.

Just to finish off today, it was also announced by Canarian Legal Alliance that they have received another ruling from the Supreme Court in Madrid, this now makes 106.

This case involving clients from Norway was against Palm Oasis / Tasolan SL, the lawyer representing them was Miguel Rodriguez Ceballos, CLA’s senior lawyer. The interesting fact about this particular case is the Escritura and the registration of the timeshare at the Property Registry. By registering they were trying to treat the timeshare as property thereby attempting to circumvent the timeshare laws, making then non-applicable. The court disagreed and declared that timeshare law was applicable.

The court declared the contract null and void awarding the return of over 16,000€. One of the infractions of the timeshare law was the length of the contract, being more than 50 years. (PDF of the court ruling is below).

Supreme Court Palm Oasis Tasolan

In tomorrow’s Letter from America we shall be running the story of Gad and Noreen Liebmann, both army veterans and their experiences at the hands of Diamond sales agents. They are currently staging a protest outside Diamond’s Daytona Beach Resort. So do join us tomorrow, it is a story that will make your blood boil!

Inside Timeshare is here to inform you of what is happening in the murky world of timeshare, bringing you the news from the courts, the US and beyond bringing timeshare owners around the world together. We also publish articles about different companies and how they operate, inform you of the fake law firms and what to look out for,so you have the facts who to trust.

If you are unsure about any company that contacts you or one that you have found searching on the web, contact Inside Timeshare and we will help you find out.

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