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Monte Anfi

Latest Court News

Today Inside Timeshare looks at some of the court cases which have come to our attention this week. These cases have been brought on behalf of clients by two law firms and one independent lawyer, involving several Anfi, Diamond and Club la Costa cases. This article is published to show that timeshare companies are losing all over Spain proving the courts are following the rulings laid down by the Supreme Court.

CLA Legal Team

We start with our friends from Canarian Legal Alliance who have had yet another appeal by Anfi dismissed by the High Court Number 5 of Las Palmas.

The appeal court once again confirmed and supported the original sentence laid down by the Court of First Instance Number 4 of San Bartelomé de Tirajana where the contract was declared null and void along with the return of 59,163€ plus legal interest.

The contract was declared null and void due to several breaches of timeshare law which included, length of the contract was for more than the permitted 50 years, it contained floating weeks and also the illegally taken deposits within the statutory cooling-off period.

The original sentence also included the repayment of the illegal deposit in double, this was also confirmed by the appeal court judges.

The Norwegian client was represented by the CLA Lawyer Eva Gutierrez with Claims Consultant Michael Gadman assisting the client.

Link to CLA figures

The Legal Team

Another law firm which has been having considerable success in the courts is M1 Legal, they are based in Mijas Costa and currently have around 1300 cases against various timeshare resorts in the courts. Of these cases, there are currently 577 against Club la Costa alone with claims to the value of £12.1million.

It appears the first week of November was a very busy one for their legal team as they had six cases against Club la Costa with all contracts being declared null and void.

The largest amount awarded in one case was £30,870 with a total for all cases coming in at over £105,387.

The contracts were all in breach of the current timeshare laws with contracts being in excess of 50 years and all containing the points system and not the permitted fixed week fixed apartment system.

Along with these cases, there were a further six cases being heard by the courts in Fuengirola, these cases were arguments on the grounds of jurisdiction. Club la Costa maintains that their contracts are subject to UK law and the jurisdiction of UK courts. This is an argument that has been going on for some time, even though many courts around Spain including the High Court in Malaga have ruled that Spanish law and courts do have jurisdiction.

In these six cases, the courts in Fuengirola agreed and accepted the cases on the grounds that they do have jurisdiction. So we can expect to hear successful outcomes for these clients in the future.

M1 Legal also had very good results in other cases against Diamond Resorts and our old friends at Anfi. The Anfi contract was declared null and void as it was also determined that the contract contained insufficient information on the product being purchased. This also included the fact that there was no time period specified on the contract, this is in breach of the law on the duration which as we have stated before is for a minimum of 3 years and a maximum of 50 years.

The Anfi client was awarded over £16,027 and the three Diamond cases totalling over £31,000 with those contracts also being declared null and void. 

https://m1legal.com/our-victories

We now move to a case brought on behalf of an Anfi client by the independent lawyer Javier Correa.

Javier-Correa

Javier was born in Las Palmas de Gran Canaria which is where he now practices and resides. Between 1984 and 1989 he studied law at the University of Navarra and later at the University College London. He then went on to complete his Master’s degree.

This case was originally brought at the Court of First Instance where this court declared the contract null and void with the return of the purchase price plus double the deposit illegally taken at the time of purchase.

Anfi as, usually do they lodged an appeal against the first court’s decision, this was heard in the Third Chamber of the Provincial Court (High Court Appeals).

As we have seen in previous appeals made by Anfi, the court rejected the appeal and confirmed the original sentence in its entirety.

The contract was for two standard two-bedroom suites on the floating week’s system at Monte Anfi. The client also paid 4,431.38€ as a deposit on the day of purchase and signing the contracts, this was ordered by the court to be paid back to the client in double in accordance with the rulings made by the Supreme Court.

The client will now be receiving over 41,000€ and is also timeshare free and no longer liable for the annual maintenance fees.

http://www.correaguimera.com/

Just on these cases alone, it is very clear that the timeshare industry is fighting a losing battle in the courts, well they did have many years in which they could have issued contracts which compiled with Spain’s timeshare laws. So really they only have themselves to blame.

This also answers the many questions received by Inside Timeshare, “are there any genuine lawyers out there actually doing what they say and winning?” As you can see the answer is yes there are genuine lawyers doing a superb job on behalf of timeshare consumers.

If you would like to know more about these cases wondering if you have a valid and viable case please use our contact page and Inside Timeshare will get back to you and explain your legal options.

Latest Court News & Fake Lawyers Update

At the end of last week Inside Timeshare published the name of the latest incarnation and member to the Litigious Abogados Family, Abogados El Paloma, today we bring you the latest information received. We now have the name and bank account details of their “fake” Procurator and a copy of the “fake” court document, again following the same old Modus Operandi. There is also news from the Court of First Instance at Los Cristianos against Club la Costa and also news of yet another Anfi payout.

We begin with the latest on Abogados El Paloma, as we reported last week the latest website to emerge in the Litigious Abogados Family has been identified, only a few months after being registered. We now have the name and bank details of the “fake” procurator.

The name of the procurator is Nicola Nonche Cirom, giving the address:

Calle Pildora 6, Edificio Lama 323A, 38006 Santa Cruz de Tenerife.

The bank details are:

IBAN: ES69 0049 4166 2722 1400 2596

With the beneficiary being the name procurator Nicloa Nonche Cirom.

The account is a genuine Santander account.

According to the letter received by our reader, the case is set to be lodged on their (our readers) behalf on the 8 September 2020 and they will inform them when the court issues a judgement. No doubt that will be within a week or so of that date if their past procedures are being followed. Then there will be a further demand for “tax” to be paid to release the money from the court.

This is a very well laid out fraud, they don’t ask for big sums just small amounts, but these small amounts end up being very large indeed with the constant demand for more “taxes” etc to be paid.

On Friday the Court of First Instance at Los Cristianos, Tenerife issued a surprise sentence against Club la Costa. The reason it was a surprise was the trial was only held on 9 September, with the court issuing their judgement within just 16 days!

The court has declared the contract null and void with the client being awarded over 21,000€ with the judge awarding double the amount paid as a deposit within the statutory 14 days cooling-off period.

Another important point, in this case, was that Club la Costa prior to the trial applied to have the case dismissed by the court on grounds of jurisdiction. This is nothing new for Club la Costa, they have continually opposed the jurisdiction of the Spanish Courts and Spanish law over their contracts.

According to their contracts, there is a clause which states that the contract is subject to “UK law” and the jurisdiction of “UK courts”, thereby denying the right of the purchaser to redress and the protection as a consumer under Spanish law.

There have been numerous rulings on this matter especially from the High Court of Malaga, which the court of Los Cristianos applied when dismissing Club la Costas claim. The high court has dictated that the clients purchased in Spain, the deposit was paid in Spain and the client is therefore entitled to the full protection of Spanish law.

Yesterday, news of yet another payout by Anfi was received, the English clients, in this case, will now be receiving over 47,000€ almost double what they originally paid. This also included double the amount taken as a deposit within the statutory cooling-off period.

This was an epic battle which saw the case being first heard at the Court of First Instance, then being taken on appeal to the High Court and eventually the appeal was heard by the Supreme Court. Both the client’s contracts, one with Monte Anfi and the other with Puerto Anfi have been declared null and void.

Both these cases were brought on behalf of the clients by Canarian Legal Alliance with Miguel Angel Melian Santana appearing against Club la Costa and Eva Gutierrez representing the clients against Anfi. The clients were assisted by the Claims Consultant Jake Kaiser.

If you have any questions about any article published on Inside Timeshare, you want to check if the company contacting you is genuine or even if you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.