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MVCI Holidays Ltd

Start the Week: News from the Courts

Welcome to the start of another week with Inside Timeshare, we ended last week with Part 5 of our series on Anfi: The Story Behind the News. It is by no means the end, it is one that is developing as the investigations move forward and delve deeper into the murky world that has been created at Anfi. Today we catch up with some of the news from the courts, as usual, Anfi is there, but there is also another case involving Diamond which has caused a few gasps.

We begin with news from the Courts of First Instance in Maspalomas, once again these courts have issued their judgements on cases heard against Anfi Contracts. All the contracts have been declared null and void, with an order for the clients to receive a full refund of the original purchase price.

This includes double the amount in respect of the illegally taken deposit, plus, the clients have been awarded Legal Interest and Legal Fees.

The cases were heard in Courts 1, 3 and 5, with all three judgments being consistent with the rulings of the Supreme Court.

The total awarded without legal interest or legal fees is a massive 116,908€, with the lawyers already instigating “enforcement proceedings” to secure the funds. It is also expected as we have come to see so often that Anfi will file yet another “frivolous” appeal.

No doubt we shall be reading about all three dismissals by the High Court in the coming months. Well, something to look forward to!

All three clients had their cases prepared and represented in court by Canarian Legal Alliance.

The Swiss clients were represented by: Oscar Salvador Santana Gonzalez.

The English and Norwegian clients were represented by: Eva Gutierrez and Cristina Batista.

Eva and Cristina are regarded as the foremost experts on Anfi, it is their tenacity during their investigations that has given CLA the upper hand against Anfi, providing the means to ensure their clients do eventually receive what they are due.

The clients were guided through the process by their respective Legal Consultants, Evi Richter, Jake Kaiser and Stefan Johannesen.

On Wednesday news was received that the Court of First Instance Number 5 of Estepona issued their judgement on both contracts held by Dutch clients, against MVCI Holidays Ltd and MVCI Management SL.

The contracts were declared null and void with the judges ordering Marriott to repay a staggering 112,130€. This is 47,000€ more than they originally paid. The original contract was for 47,330€ with an additional 64,400€ added in respect of the illegally taken deposits, within the statutory cooling-off period.

There is also the Legal Interest and Legal fees to be added to this, but the most important point is they are now timeshare and maintenance-free.

Only two weeks ago we reported that Diamond, now owned by Hilton, had very quickly paid into the court account the amount required. This caused a bit of a shock as in the past there were many attempts to delay this.

We can now report that yet another payment has been received by the courts.

This news has now confirmed that English clients of Canarian Legal Alliance are to receive payment, this at present is subject to the usual procedures before the court releases the money. At least they now have the knowledge that the end to a long wait is almost over.

It is still a question that has yet to be answered, but is this change a byproduct of the Hilton acquisition of Diamond?

Considering their past reputation as a quality chain, the fact that Hilton is listed on the stock market and is responsible to their shareholders, we cannot discount this possibility. After all, Marriott had to announce the legal and litigation costs paid and projected to their shareholders.

In another good piece of news from the courts, this time the Supreme Court, yes there are still cases being placed before them, despite all the rulings they have now made.

This case was brought by Diamond, and you all thought we were going to say Anfi!

We know the case was filed quite some time ago, as it is a long process at the Supreme Court, but now they have issued their judgments. As expected, they have referred to their previous rulings, which have defined the law which all courts from First Instance to High Court are following to the letter.

They once again found no “contradiction”, no “inconsistencies” or any other factor which would render the original judgements flawed and unsafe, which would have then been grounds to hear the full case and possibly overturn the original sentence. But these cases are about the contracts and that is what matters, they are illegal having been deemed so in numerous rulings by the Supreme Court and no amount of appealing is going to change that.

As it is, the court completely rejected the appeal and confirmed the law and the original judgement by the Court of First Instance and ratified by the High Court. This is certainly a big signal to the timeshare companies that the Supreme Court is not going to be used for what we can only describe as frivolous and time-wasting cases.

It is probably not the last case that we will hear about, there are obviously more sitting in the court’s files waiting to be processed, all to delay the inevitable. Will they ever learn?

If you would like more information on any of the stories or cases published or would like information on whether you have an illegal contract and what legal rights and options are open to you, then please use our contact page and Inside Timeshare will get back to you.