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Óscar Salvador Santana González

End the Week: Court Roundup

Welcome to the end of another week in the world of timeshare, it certainly has been a rather busy week with yet another new “fake” law firm rearing its ugly head. It is the latest incarnation of that long-standing fraud of “fake” law firms we have dubbed the Litigious Abogados Family, this time they really have surpassed themselves in the photographs they have used. According to the Las Alas Abogados website their founder Alberto Canbamo Farola is in fact none other than the serving President of Mexico Andrés Manuel López Obrador. They have also used the photograph of Carlos Torres Vila, who is the President of the BBVA Banking Group, as one of their lawyers Antonio Lamamel Cunio. They also used a photograph taken in Mexico of Vila at a meeting with the Mexican President. The Mexican Authorities and the BBVA have already been informed. Yesterday we published the story of the Radio 4 You and Yours broadcast on maintenance fees during the current pandemic. We end this week with the following court news.

On Monday, the Court of First Instance of San Bartelomé de Tirajana declared yet another Anfi contract null and void.

The court awarded the German client over 44,000€ plus legal interest. When calculating the award, the Judge also ordered that the client should receive double the amount of the deposit taken during the statutory cooling-off period.

The client was represented by the Canarian Legal Alliance lawyer Oscar Salvador Santana Gonzalez, with the client being assisted by the Claims Consultant Jasmin Erhard.

The following day it was another Anfi case at the Court of First Instance of SBT which declared another contract null and void.

This particular case was dealt with at the pre-trial stage as the Judge decided that there was no need to waste time and go to a full trial. This is becoming increasingly more common after all these judges have now been hearing these cases for years and they are tied to the rulings made by the Supreme Court on timeshare law.

In this case, the Norwegian client is to receive 44,688€ plus legal interest, with the court awarding double the deposit paid within the cooling-off period.

The client was represented by the CLA lawyers Eva Gutierrez and Himar Iglesias Pérez, with Claims Consultant Michael Gadman assisting the client.

No doubt we will see Anfi attempting to delay payments by instigating an appeal to the High Court, we cannot actually fathom out why they would do this as in every case they have appealed, the High Court has confirmed the original sentence returning it to the original court for execution of sentence.

On Wednesday it was the turn of Club la Costa to lose in the Court of First Instance in Fuengirola.

The court awarded the German client 41,448€ plus legal interest and legal fees. The court in calculating the award also followed the Supreme Court rulings which confirmed that the taking of deposits within the cooling-off period was illegal, awarded the client over 20,000€ for the cancellation of their contract plus a further 21,000€ in respect of the illegally taken deposits.

Once again the client was represented by the CLA Lawyer Oscar Salvador Santana Gonzalez, with the client being assisted by the Claims Consultant Michael Gadman.

On Thursday it was the turn of Palm Oasis, Tasolan SL to payout a client whose contract has been declared null and void with the return of their full purchase price.

In this case, the payment has already been transferred to the client’s own bank account, they have now received their award of 15,834€.

The English client was represented by the Lawyer Eva Gutierrez with Claims Consultant Jake Kaiser assisting.

Today we also highlight a case from an independent lawyer who specialises in timeshare cases.

Javier Correa announced yesterday that in the Court of First Instance of Marbella he had a total victory against Marriott (MVCI). The companies involved are MVCI Holidays and MVCI Management.

The court declared the contract null and void with the client being awarded £28,220 plus legal interest and legal costs.

These cases certainly show that the courts are siding with the consumer and following the law to the letter. To be honest, it is the timeshare companies’ own fault that they are now being subject to increasing litigation over their contract, after all the laws came into force in January 1999. Surely that is time enough to have changed their ways and complied with the law!

That is all for this week, join us again next week with more news and information on the murky world of timeshare.

Have a great weekend.

New Cold Caller & Anfi Lose in the Courts Again

Inside Timeshare is constantly being asked about new companies that have appeared and begun a cold calling campaign, over the past few months there have been many news ones emerge. On Tuesday it was Timeshare Refund Calculator, this has also been appearing on Facebook and this has caused some laughter. Reading through the comments people have placed, praise the company no end, not bad for something that has only just appeared. But it is when you check the profiles of those commenting it becomes apparent what is going on, one commentator posted a long and wonderful post of praise, it turns out this person actually lives in Tenerife, which we suspect is where the call centre is located. Could these wonderful comments come from the call centre staff themselves? Today however we reveal the latest to come to our attention and also bring the latest news from the courts.

World and European Marketing Ltd is the latest name to come up from our readers who have been cold called. The company was incorporated on 11 September 2019, so is only just about a year old. The registered
company director is Derek James McCaig, Company Registration Number 12201105, registered address (which is the same address given on the website ad is also very familiar):

71-75 Shelton Street Covent Garden London W2CH 9JQ.

The website:

https://www.worldandeuropeanmarketing.com/

This was registered on the 25 September 2019 and is set to expire on 25 September 2024.

They also give the email address: [email protected]

Telephone Numbers given on the website:

Phone: (+44) 020 3807 9599

Mobile: (+44) 020 3807 9599

Strange how the landline and mobile numbers are the same with a 0203 London code?

According to their about me page, they claim to be:

“We are experts in the field of sourcing experienced UK lawyers for all types of Timeshare miss-representations.”

“Our experienced team simply finds the best lawyers available to secure a successful outcome for you.”

On this, it certainly looks like they are actually a lead generator for other companies rather than a “claims & exit” company. This is borne out by the contact one of our readers has had with them.

Our reader was contacted by World & European Marketing with regards to terminating their Club la Costa contract and claim “compensation” through their loan agreement. This company has passed them to Fulbrook Associates of Stirling, who we are very familiar with as they work hand in hand with Claims Solutions Group of Aberfeldy, Meridian Associates of Tenerife and the latest Aegis Direct SL of Tenerife. None of these are law firms or lawyers!

There is also something very disturbing about this scenario, payments are made by credit card, that is good as you are then covered by Section 75 of the Credit Consumer Act 1974, but you will be mistaken, you will not be covered.

You pay World & European Marketing, they in turn hand the work to whichever company, they fail to do the job, no claim under Section 75. The company you paid has done their job, you have paid them to find you a firm to terminate your contract, that is what they have done, claim denied.

Once again we have a company that makes claims on their website that they are “experts” in locating the best lawyers and yet, they team up with many of the companies that are, to say the least suspect. We leave it to you, the reader to decide what you think.

Now for some more news regarding the trials and tribulations of Anfi.

The High Court Number 5 of Las Palmas, GC, has once again dismissed another appeal by Anfi, these are now becoming very frequent. The judges in their deliberations fully supported the original sentence handed down by the Court of First Instance of SBT.

The contract has been declared null and void with Anfi being ordered to repay the Norwegian client over 41,000€ plus legal interest and legal costs.

In this case, the client had already received around 31,000€ back in March, so now that the sentence is confirmed they will soon be receiving the rest.

It still seems very puzzling why Anfi persists in these frivolous appeals, every single time they appeal it is dismissed and the original sentence is confirmed. Quite often the High Court will increase the award, this is obviously a sign that they are getting fed up with the delaying tactics employed by Anfi.

The case was brought on behalf of the client by the Canarian Legal Alliance Lawyer Miguel Angel Melian Santana, with the client being assisted by Claims Consultant Michael Gadman.

Down the road in the south of Gran Canaria, the Court of First Instance of SBT have declared another Anfi contract null and void, in this case, the Swiss client has been awarded over 46,000€ plus legal interest.

This is another case where the case has been finalised at the pre-trial stage, the judge again felt that the case did not need to go to a full trial, thus saving the courts and the client time. The timescale for this case is from the point of submitting the case to this conclusion has been only 11 months. Had it not been for the pandemic, the case would probably have been held earlier.

Going on past experience no doubt Anfi will lodge yet another frivolous appeal.

The case was prepared by the CLA Lawyer Oscar Salvador Santana Gonzalez, with Claims Consultant Jasmin Erhard assisting the client.

To end today’s article, we bring you the latest video from the CLA Lawyer Cristina Batista, in this video, Cristina gives the latest figures from CLA cases

Remember, beware what you are being told by “cold callers” not all are genuine or telling the truth. If you have received a call with some remarkable news and you are not sure if it is true or not, then use our contact page and Inside Timeshare will get back to you.

DO YOUR HOMEWORK, YOU KNOW IT MAKES SENSE!

End the Week: More Court News

Welcome to the end of another week with Inside Timeshare and what a week it has been, with many enquiries from readers regarding “cold calls” and some of the wild claims being made such as the “fake” claims of Club la Costa and Marriott going into liquidation. This included an update on J Foster Associates who also claim that when the UK leaves the EU with “Brexit” UK clients will not be able to take cases to the Spanish Courts, a claim that is totally untrue. We also featured Part 2 of Timeshare Contracts: Held to Ransom. Plus there were some rather interesting results from the courts. We end this week with the latest court news.

At the High Court Number 11 of Barcelona, it was the turn of the Ona Group to be on the receiving end of an appeal being dismissed and the judgement of the Court of First Instance being upheld.

In the original judgement, the Court of First Instance declared the clients contract null and void, awarding the English client 112,724€ plus legal Interest. In this case, the client paid 70,000€ with the extra 42,724€ being made up of the illegally paid deposit taken within the statutory cooling-off period being awarded double.

It is a buyer’s right to withdraw from any contract without any financial penalty within the statutory cooling-off period, which is why it is illegal to take any payments as in the past this was used as a tool to ensure clients did not cancel.

The cooling-off period can be extended to 90 days, which will mean double the amount paid within that period if the purchaser has not been given the necessary information required by law.

The Lawyer conducting the case was Eva Gutierrez of Canarian Legal Alliance with Claims Consultant Jake Kaiser assisting the client.

In another case conducted by Canarian Legal Alliance on behalf of another English client, the High Court Number 3 of Las Palmas, GC, once again fully endorsed the judgement of the Court of First Instance which Silverpoint Vacations SL appealed.

In this case, the contract was declared null and void with the court ordering Silverpoint to repay 98,722€ plus legal fees and legal interest. Once again the court awarded double the amount paid as a deposit within the statutory cooling-off period.

This is just another nail in the coffin of Silverpoint, it also clearly shows that all the courts are now singing off the hymn sheet and applying the numerous rulings made by the Supreme Court which now number 130.

The case was conducted on behalf of the clients by Oscar Salvador Santana Gonzalez with Claims Consultant Jake Kaiser assisting the client.

No doubt before the end of the day there will be more news coming from the courts which we will bring you next week.

On Monday, Inside Timeshare will be giving an update about the ongoing case of Mrs B and MacDonald Resorts, for those who have been following Inside Timeshare for the past 4 years you will be familiar with the case.

Mrs B paid a company to get rid of her two timeshares, one at Oasis Lanz in Lanzarote, the other at Dona Lola Club on the Costa del Sol, a Macdonald run resort. Both were duly transferred to another person, no problem with Oasis Lanz, they just accepted it, not so for MacDonald’s.

They have pursued Mrs B with debt collectors and law firms for the arrears as they do not recognise the transfer. The latest news is that McDonald’s “legal bully boys” Shepherd and Wedderburn based in Scotland are now intent on taking her to court with her sister.

Both are in their 90’s and both have serious health issues, with both being virtually housebound. Yet Shepherd and Wedderburn are sending them documents of cases (6 in total) that they have conducted for MacDonald Resorts over arrears and won. If these are not tactics to scare two elderly ladies I don’t know what is. Join us on Monday for the latest instalment of this disgusting case.

Have a good weekend and take care.