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.
This month, Inside Timeshare, has published two articles on MacDonald Resorts, the first MacDonald Resorts Still Preying on the Elderly and Vulnerable published on 17 March and Start the Week: MacDonalds Using the Courts to Extort Money; News from the Spanish Courts published on 22 March.
These are truly “Nightmare on Timeshare Street” stories and are only the tip of the proverbial iceberg.
Inside Timeshare has been in touch with Julia Paul, who is the Assistant Producer of the BBC Radio 4 program You and Yours about these stories. For those of you who have followed the Mrs B story, her case was highlighted on this program in November 2020. The article we published was Mrs B v MacDonald Resorts: The Battle Is Won But The War Continues
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.