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MVCI Holidays SL

Start the Week: Update Fake Law Firms & News from the Courts

Welcome to the start of another week with Inside Timeshare, apologies for the lack of articles last week, this was due to unforeseen circumstances. Over the past few weeks, we have been publishing warnings about the FAKE law firm operating out of Tenerife, known as The Litigious Abogados Family, further information has confirmed that they are all indeed linked and are also linked to scams perpetrated years ago. Last week was also very busy on the courts front, with more news of Anfi appeals being dismissed and also two new Marriott cases ending in favour of the client.

We begin with our Fake law firms, Olmo, Logra and JR Abogados, well these are actually not fake law firms, their names and websites have been stolen and are being used by the criminals to give themselves credibility.

This is nothing new for this lot, we have seen them use Presidents, Ambassadors and eminent Judges among others on their own websites over the years, what is new here is the fact they are using genuine law firms.

Going back to 2016, Inside Timeshare published (click link) Solutions Group, Still Going?

It was the result of information received that they had begun operating again after a time in the shadows. They came under various names, but the one prominent feature was the email address they used,  [email protected] and the website which is no longer operating www.consumeract75.co.uk

Their name began to appear a couple of years after this article in conjunction with our fake law firms. Former “clients/victims” of Solutions Group were contacted regarding “a court case against their timeshare company”, which had been filed with the courts in Tenerife.

The “client/victim” has been awarded ex-amount of compensation and the “new” law firm “instructed” by Solutions Group will get your money for you. Just a matter of some taxes, court fees etc to deal with first.

Our first article showing the link was for CUC Abogados was an update in 2019, (click link) Update: CUC Abogados & Solutions

There was further update in February 2020 where Solutions “claimed” to have won in court (click link) Solutions Claim to Win Case

Full story on CUC Abogados 

https://insidetimeshare.com/?s=cuc+abogados

It has now been confirmed by several readers who have had contact with all three new “law firms”, that it is a result of their initial dealings with Solutions Group, that their case has been taken to court and it is guaranteed you will be paid out. After all, going by all the other “cases” they have won, the timeshare company pleaded “guilty”. Oh, look, a flying pig!

So our conclusion is that they are all one and the same people, or two different groups working together using data from previous scams. Either way, they have your data and will exploit it as best they can so beware of the “wonderful” news you are about to receive in a cold call.

If you have been contacted by these fraudsters and were also a “client/victim” of Solutions Group Tenerife, please get in touch with Inside Timeshare, your information may be useful.

Moving on to the courts, last week the High Court of Las Palmas once again dismissed and rejected appeals by Anfi Sales and Anfi Resorts, against the judgement handed down by the Court of First Instance.

The first appeal involved a Norwegian client, whose contract was declared null and void, with the court awarding 16.030€ in respect of the purchase prices plus a further 22,900€ for the illegally taken deposits. They were also awarded legal interest and legal costs.

The High Court confirmed this original sentence and the case is now back with the lawyers for filing with the Mercantile Court.

The second High Court ruling for the English client is a great result, at their original hearing the Court of First Instance had no hesitation declaring the contract null and void and awarding the client 24,158€ plus legal interest.

Obviously, Anfi once again appealed to the High Court, but so did the lawyers of CLA.

The Court of First Instance had not included the payment of double any deposit taken illegally, which was clearly established by the Supreme Court as a way of sanctioning the timeshare companies.

The High Court agreed, awarding a further 15,861€ and also included legal costs, as for the appeal by Anfi, well, once again it is a loss.

Moving now to Marbella, where the Court of First Instance Number 8, has found in favour of German clients against MVCI Management (Europe) Ltd, MVCI Management SL and MVCI Holidays SL.

The court not only declared the contract null and void, but awarded 23,292€ for the purchase of the contracts plus a further 36,000€ in respect of illegally taken deposits. The client was also awarded legal interest and legal costs.

In the same courthouse but in Court Number 3, the judge declared another Marriott contract null and void and the repayment of 9664€ Plus legal interest.

All these cases were prepared and presented to the court by lawyers of Canarian Legal Alliance, we now wait to see if Marriott once again submit payment to the courts without the need for enforcement.

That is all for today, if you would like further information on your timeshare contracts and you would like to know your rights and options if it is illegal, please use our contact page and Inside Timeshare will get back to you.

Marriott Court Updates

While Inside Timeshare has been out of circulation the Spanish Courts have been keeping busy, today we begin with some updates on these cases. We start with the courts in the Malaga region of Spain and in Mallorca who have been hearing and passing judgments against Marriott. The majority of these cases are being heard at the Court of First Instance of Marbella, which is the registered address of MVCI Holidays SL and MVCI Management SL, although there have been a small number of cases heard at the Court of First Instance of La Palma de Mallorca.

Marriott Marbella

As with all timeshare claims through the Spanish legal system, they all center around the breach of the Spanish Timeshare Laws 42/98 and 4/12, which is an update on the previous legislation which came into force on 5 January 1999.

The main breaches of these laws are the duration of the contracts, which in most cases do not have any end date, if they do they are in excess of the maximum 50 years duration allowed by law.

Then we have the points and floating week systems, which have been deemed illegal as they contain “nothing of substance”, in other words, you own nothing apart from the right of use subject to availability. You do not own a timeshare week and apartment but are a member of a “vacation club”.

There is also the point of illegal payments during the statutory 14 days cooling-off period, this covers the taking of a deposit and in some cases the full amount. It has also been ruled in some cases that any finance agreement brokered by the salespeople on the day may be deemed as full payment, the reason is the courts have ruled that this is an acknowledgment of a “debt”. On this point, it is taken on a case-by-case basis and is dependent on the presiding judge.

It is not only these points that make a contract illegal, these are just the basic points, there may also be other infringements of the Timeshare Laws as well as laws covering Consumer Rights and Mercantile Law.

We start with the latest news of a case that was heard in the Court of First Instance of Marbella, and a very speedy response from Marriott.

Just 2 months after the trial and then the issuing of the sentence which also declared the German members contract null and void, Marriott has deposited “VOLUNTARILY” the funds ordered by the judge to the court. This is very good news for the clients as it means they will soon receive this into their own personal account very shortly.

The case was heard and finalised in just eight months of it being filed, a very quick result.

The court also ordered the clients to receive back 49,084€ for the amount paid on the contracts, the judge also ruled that in respect of deposits illegally taken within the cooling-off period, a further 32,124€ was awarded, which is double the amount taken. The total amount awarded for the timeshare contract is a staggering 81,208€, the client was also awarded legal interest and the return of their legal fees to be paid by Marriott.

Marriott Resort Son Antem, Mallorca

We now travel to the Court of First Instance of La Palma de Mallorca for a case that was finalised back in May.

The court ordered the contract null and void and awarded the clients 43,319€ plus legal interest, one month after the ruling, Marriott deposited the full amount to the court, which is now being processed to be transferred to the client’s own account.

Once again we see Marriott voluntarily depositing money with the courts in double quick time, something we do not see with Anfi, Diamond, and Club la Costa, who attempt to drag out proceedings right from the first filing with the courts. This is obviously good news for Marriott members with cases, but unfortunately, for those with the other timeshare developers, their cases are taking an awfully long time.

Both these cases were prepared and presented on behalf of the clients by Canarian Legal Alliance, below are links to their news page with cases for Marbella and Mallorca.

If you would like further information on making a claim in the Spanish courts for any timeshare purchased in Spain, please use our contact page and Inside Timeshare will get back to you.

https://canarianlegalalliance.com/?s=marriott+marbella

https://canarianlegalalliance.com/?s=Marriott+mallorca

Marriott Lose Case and Deposit Huge Payment with the Court

Following on from yesterday’s article on the constant appeals to the High Court by Anfi and their attempt to either avoid or delay court-ordered payments, we today bring you the news of one company that is doing the right thing. Once again the timeshare company involved is Marriott Vacation Club. As we have published on several occasions, Marriott does appear to be acting in a much more responsible manner compared to Anfi, Club la Costa and Diamond.

At the Court of First Instance, Number 4 of Marbella, a German client of Canarian Legal Alliance has won his case against MVCI Holidays SL and MVCI Europe Limited.

The client’s contract which contained several infractions of Spanish Timeshare Law which have also been confirmed by 130 rulings from Spain’s Supreme Court was declared illegal and therefore null and void.

The main infractions were:

  • The contract was in perpetuity, when the law enacted on 5 January 1999 clearly states that contracts after this date must not exceed 50 years in duration;
  • Points and floating weeks are illegal as they contain nothing of substance, just the right of use subject to availability;
  • Taking of any payment within the statutory cooling-off period, even by a third party.

In her judgment, the presiding Judge Maria Jesus Lopez Navarro has not only declared the contract null and void but also ordered Marriott to repay the client 108,895€ The Judge also ordered that 33,448€ be added to the payment in respect of illegally taken payments with the statutory cooling-off period, this is double the amount taken as confirmed by law and the Supreme Court. The judge also ordered the payment of legal interest.

Anticipating the right of Marriott to lodge an appeal with the High Court against the sentence, the CLA Lawyers immediately applied to the court for a “provisional execution of sentence order”. This order forces the company to deposit the required funds with the court, thereby securing payment for the client 100%, pending confirmation of sentence by the High Court.

In this case, Marriott complied immediately by lodging this money with the court, a move we have seen in virtually all Marriott cases.

There are several reasons for Marriott’s stance, first, this reduces the amount of money they have to pay in increased legal interest which the court applies to the awarded amount. By depositing the awarded amount to the court immediately, stops any further accumulation of further interest payments.

It also saves any further increase in the awarded amount as the High Court does have the ability to increase this especially if they find that the appeal was frivolous and designed to delay or avoid payment.

The other reason is one we have mentioned before, Marriott is listed on the New York Stock Exchange, as a result, they have a legal obligation to report everything to their shareholders in their annual reports. In the last two reports we have published, Marriott did inform shareholders of the increase in litigation costs and the fact they had been losing in the Spanish courts.

Below is a link to our last article on this subject from 30 March 2021, this article also includes links to both reports to shareholders and the Securities Exchange Commission.

https://insidetimeshare.com/the-tuesday-slot-marriott-and-the-spanish-courts/

The case itself was prepared and presented by the CLA Lawyers  Oscar Salvador Santana Gonzalez and Christine Ihmann, with Claims Consultant Evi Richter assisting the client throughout the process.

Information has just been received of a massive victory for Canarian Legal Alliance and one of their Danish clients.

The High Court Number 5 of Las Palmas has confirmed the sentence of the Court of First Instance Number 2 of SBT against yet another appeal by Anfi.

Once again this court has dismissed the Anfi appeal and confirmed a massive award of 251,401€, this also included the payment of 38,925€ which is double the amount taken illegally as a deposit. Added to this will be legal interest and legal costs.

The illegal contract was also confirmed to be null and void in accordance with the original sentence.

The client’s case was prepared and conducted by CLA Lawyer Adrián Diaz Saavedra Morales with Claims Consultant Caroline Castro assisting the client.

It is quite clear the Courts of First Instance and the High Courts especially are following the law and rulings of the Supreme Court to the letter, it is just mind-boggling that these timeshare companies still believe the law is wrong and continue to appeal at every turn.

If you would like further information on this subject and whether you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

Translations

Danish

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Dutch

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German

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