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MVCI Management 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.

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.

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