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MVCI Holidays

End the Week: Court Round-Up

Well, it’s Friday again and the end of another week with Inside Timeshare. We finish with a quick round-up of the latest court news, once again this news would not be complete without the appearance of our old friends at Anfi and in contrast, there is some news about Marriott. There is also some news regarding the various administrations of companies being conducted at the Mercantile Courts, more on this next week once clients have been informed.

The week began with yet another appeal at the High Court Number 5 of Las Palmas, where the judges confirmed both of the Norwegian client’s contracts with Anfi are null & void. This also confirmed the original ruling by the Court of First Instance that included the 69,105€ for the original purchase, along with a further 53,656€ in respect of illegally taken deposits.

The High Court also confirmed the payment of legal interest and legal fees.

This was followed the next day with another Norwegian client having their First Instance victory confirmed by the High Court.

The original judgement declared the contract null & void, the repayment of 44,371€ plus legal interest and legal costs. The total included the 17,316€ which is double the amount taken illegally as a deposit.

Anfi as usual was not satisfied with the judgement of the court and again launched another frivolous appeal. Every case we see coming out of the appeal court is a defeat against Anfi, so given the situation they are in, why are they wasting so much money with these appeals?

Moving now to a completely different attitude, on 4 October 2021, The Court of First Instance Number 3 of Marbella, issued their verdict in the case of a German client against MVCI Management and MVCI Holidays.

The court ordered the contract null & void plus the repayment to the client of 25,688€. Just three weeks later, Marriott has deposited the funds with the court and the client will soon receive this into their own account.

What a difference to Anfi!

Another sentence against Marriott has been issued by the Court of First Instance Number 7 of Marbella, in favour of another German client.

Along with the contract being declared null & void, the court awarded the client to be repaid by Marriott 24,571 plus legal Interest. No doubt we shall be reporting on this case in a few weeks if Marriott keeps up with their practice of paying without enforcement proceedings.

These cases were prepared and the clients represented in court by the Lawyers of Canarian Legal Alliance.

That is all for this week, for the time being Inside Timeshare will only be publishing a few articles each week, if anything of importance comes up it will be published.

Have a great weekend and join us again next week.

Start the Week

Welcome to the start of another week with Inside Timeshare, we ended last week with a warning of yet another fake law firm rearing its ugly head, Servicios Legales Barcelona. As we explained, this name has been used to completely confuse any consumer who attempts an internet search, as in Spain it is a general term for “legal services”. One piece of information was the bank account details, a Royal Bank of Scotland account in the name of a private individual. What could be better proof of a scam?

We begin with some news which we came across over the weekend from the US, as we know it is the season for the annual maintenance fee bills, which many owners/members dread each year. The same question is always asked, how much have they increased?

Well, at the moment most don’t know, but one increase in the timeshare owners/members costs has been announced. RCI (Resorts Condominiums International), is increasing their “exchange” fee for next year.

Obviously, this news is from our friends in the US, so at present, we don’t know if this will also apply to European owners/members, we suspect it will.

There are also other fees involved with RCI membership and usage, so it will be interesting to see if any of these change as well.

These links below explain how RCI works and in the second link they also show the other charges that you may encounter.

https://www.go-koala.com/timeshare/resources/what-is-rci-and-how-does-it-work

https://www.timesharesonly.com/blog/rci-exchange-fees/

There also appears to be a lot of discussion on some US forums regarding the Hilton acquisition of Diamond, once again the focus is on the sales agents and what they are telling members in order to “upgrade” them.

It now seems the discussion is gaining ground with Hilton members, unsure of how all this is going to affect them, with reports surrounding sales agents’ tactics beginning to mirror those of Diamond.

Apparently, Hilton may be launching a non-deeded trust-based product, whereas at present they are deeded. This also appears to mimic Diamond products and according to our information will be using “Event of a Lifetime” to up-sell existing members.

As Inside Timeshare receives further information we will be publishing an article on this subject, it may just give our European readers some insight as to what they may expect.

After publishing Friday’s article, late news arrived about another Marriott case, this time it was from the Court of First Instance Number 8 of Palma de Mallorca.

The presiding judge declared two contracts illegal and therefore null & void, ordering MVCI Management and MVCI Holidays to repay the German client a total of 68,262€.

In his sentence, the judge ordered the repayment of 44,870€ for the purchase and also ordered a further 23,262€ in respect of the illegally taken deposits. As we know all the courts are following the Supreme Court ruling on the repayment in double the amount of any illegally taken deposit. The court also awarded the client Legal Interest on the full amount.

The case was prepared and presented on behalf of the client by Canarian Legal Alliance, it now remains to be seen if Marriott deposits this amount with the court without the need for any enforcement proceedings.

Inside Timeshare welcomes your comments & questions regarding any of the articles published, if you also want to know about the validity of any company that has contacted you or you have found, or just want to find out if your contract may be illegal then please use our contact page.

End the Week: Court News

It’s the end of another week and apart from the big news about the “partnership” between Wyndham and Club La Costa, it has been rather quiet on the news front. Our old friends The Litigious Abogados Family have once again graced our pages with their latest “SCAM” or should we say “FRAUD”, with the use of yet another genuine name to enhance their nefarious purposes. We began the week with a short piece on cold calls. I should point out that “Mavis” is a fictitious character made up to highlight a problem, unfortunately, I did receive comments that they felt “Mavis” should give up her job. That is easy to say if you are comfortable. We end this week with our typical news from the courts.

We start with a Marriott case that was heard by the Court of First Instance Number 3 of Marbella, with the court issuing their sentence on 21 October.

Marbella Court House

The case against MVCI Management and MVCI Holidays was brought by an English client and was represented by lawyers from Canarian Legal Alliance. Their contract was for a period of more than 50 years and was also a points/floating week based membership. 

It was therefore declared null & void as laid out by law and the precedents set by the Supreme Court.

The court also ordered Marriott to repay the client 51,200€ plus legal interest; we now wait to see if Marriott continues to do the right thing and place the money with the court without the need for enforcement procedures.

Moving back to Gran Canaria, at the Court of First Instance Number 2 of SBT, another new case against Anfi was heard and a sentence issued.

The judge ordered the repayment of 47,235€ plus legal interest and costs, with the contract obviously being declared null & void. This amount also includes a double payment for the illegal taking of deposits during the statutory cooling-off period.

The case will now be filed with the Mercantile Court due to the liquidation procedures against Anfi Resorts and Anfi Sales. It is still not clear if Anfi can appeal the sentence, like they always do, with the High Court because of this, once we have a definitive answer we will let you know.

So far this week there have been three Anfi appeals once again dismissed by the High Court of Las Palmas.

High Court Las Palmas

The three cases involve one Norwegian client and two English clients, all won their cases at the Court of First Instance with their contracts being declared null & void and a total repayment ordered to all three of over 91,000€ plus legal interest and legal costs.

The judges also ordered that all three clients be repaid double the amount in respect of the illegally taken deposits at the point of sale. The statutory cooling-off period has actually been in force before the enactment of Law 42/98, this law increased it to 14 days, so really the timeshare companies again only have themselves to blame.

All three clients’ cases will now be filed with the Mercantile Court by their lawyers at Canarian Legal Alliance to ensure they are registered as creditors.

That is all from the courts at the moment, there has been nothing in from Tenerife and the Silverpoint cases, which as we know are also subject to administration by the Mercantile Court. When anything of importance is announced Inside Timeshare will publish it here.

If you would like further information on any articles published or just want to know if your contract is illegal and what options are available to you, then please use our contact page and Inside Timeshare will get back to you?

Have a Great Halloween Weekend and join us again next week for more news and information on the world of timeshare.

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