Browse Tag

Óscar Salvador Santana González

Mid Week Review: Mindtimeshare Post and Marriott Payout Voluntarily

Well, here we are, halfway through the last week of February and it has been quite a month for news from the courts, with Anfi appeals being systematically dismissed and others such as Palm Oasis and Marriott paying out without all the problems. Yesterday we also highlighted one case against Marriott with the story of one family’s purchase. This story certainly showed how misleading sales presentations can be and it also highlighted the problem of availability and then the ability to be able to book independently online, often cheaper than the annual maintenance fees.

First, we must address a post on the blog site Mindtimeshare.

On 17 February, Inside Timeshare published the article “Anfi and the Tui Connection: Are Tui Liable for Court Claims?”

This looked at a question that is being asked in legal circles, it is still under debate and the possibility is being investigated by various lawyers. The article did not as Mindtimeshare would have you believe say that Tui was liable for paying out on claims while they controlled Anfi.

The article clearly showed that Tui who was in control of the “Board of Directors” were at the time responsible for the decisions of all companies within the Anfi Group and that includes the sales departments. Although they are registered companies in their own right, they are still part of the Anfi Group which was controlled by Tui at the time, the same as the Cazorla Group are now. So the question still stands.

It is obvious that the person writing for Mindtimeshare has absolutely no idea what they are talking about.

Their article is insinuating that the purpose behind the article is to “confuse” owners into making “spurious” legal claims. The purpose of the article is to inform people of legal questions and issues which are being raised, discussed and investigated. The article did not say that Tui was liable, it asked the question “could they be liable”.

Mindtimeshare has taken out of context in their blog this quote “This may also mean they are also liable for the claims against Anfi…”

(Obviously not a native English speaker!)

The full text is:

“Although Tui is no longer a shareholder at Anfi, they are legally responsible for the sale of the contracts which are illegal under Timeshare Law 42/98, sold under their watch as the controlling body of Anfi Group.”

“This may also mean they are also liable for the claims against Anfi which amount to over 48 million euros.”

Again it is posing a question, could they be liable in law?

They also state in their blog a point they have used for many years, that “Cold Calls” are “illegal” and not allowed under current Data Protection Law. Cold calls are not illegal, they are a recognised marketing tool and used by many industries. There are very strict rules which call centres must abide by, there are also rules on the data that is used. It must come from a legitimate and verifiable source, the information that they hold is also limited. Unsolicited emails, text messages etc are not allowed, emails can only be sent with the permission of the person being called. The information gained on these calls also cannot be passed to any other third party without the express permission either in writing or via a recording of the call by the “potential client”.

Once again we see Mindtimeshare confusing people with their half baked blogs, it appears they are also struggling to find anything to write about. Recently their posts have been gleaned from other sources and most are what can be called old news.

Alberto Garcia, is he back at the helm?

So again we have to ask the question, who is behind Mindtimeshare now, is Alberto Garcia back in control?

How are they being funded now?

What are they doing with all the data they have collected from “consumers” over the years?

These are very legitimate questions, after all for years this blog site was in the pay of the industry, with Silverpoint and Anfi being major contributors to the funding body the RDO.

Are they still being influenced by this?

On this point of data, Inside Timeshare does not share any readers details when they make an enquiry to any third party. Inside Timeshare will try to answer the questions and if the reader asks for a recommendation of who to go to, then we will give one. It is then down to the individual to make contact with the recommended firm unless the reader expressly asks for Inside Timeshare to make contact on their behalf and this must be in writing to conform to Data Protection.

Moving now to Marriott, yesterday we published the story of one family’s legal battle with Marriott, they have won their case and are just waiting for the payment to be made to the court and then receive this money into their own account.

Just after publishing the news came in about another case against Marriott at the Court of First Instance Number 4 of Marbella, which has now had a very satisfactory conclusion.

The court declared the contract null and void, also ordering Marriott to repay 34,992€ back to the client.

The case was heard in November 2020, with Marriott “VOLUNTARILY” paying the money into the court. These funds have now been released by the court and are now safely in the personal account of the German client, who no doubt is celebrating.

The companies named in the suit are MVCI Management SL and MVCI Holidays SL.

This has taken just 3 months and is one of the fastest payouts that we have seen for some time, this probably due to the fact that Marriott being responsible to their shareholders did admit to losing in the Spanish Courts and had already set aside over $16 million to cover these expenses.

Anfi, once again take note!

The case was prepared and brought on behalf of the client by the Canarian Legal Alliance Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Evi Richter assisting the client through the process.

We now wait and see if Marriott does the same with the case we highlighted yesterday, we suspect there will be news on this in the very near future.

If you have any questions or comments on any article published or just want to know if whoever has contacted you is genuine, please use our contact page and Inside Timeshare will get back to you.

The Tuesday Slot

Welcome to the first Tuesday Slot of the year, today have a look at the re-emergence of our old friends at Mindtimeshare. As we know they stopped publishing in November 2019 but came back recently, the unfortunate thing for them is that their news and information is not what you could call reliable. There is also a message for all members who purchased a timeshare through Azure Resorts in Malta, using Barclay Partner Finance loan agreements brokered by the sales staff, more on this below. We begin today with yet another blow and it is a huge financial one for Anfi.

Yesterday the High Court released their ruling on yet another appeal by Anfi against the sentence and ruling issued by the Court of First Instance Number 2 of San Bartelomé de Tirajana.

In the original ruling, the court of SBT declared the Anfi contract null and void, which is what we have now come to expect in all cases, the court also awarded the Norwegian client 105,061€ plus legal interest and the return of all legal costs.

This huge award has been calculated that the clients be repaid 46,031€ which is what they originally paid for their timeshare. The court also added a further 59,030€ to be paid back, which is double the amount illegally taken in deposits during the statutory cooling-off period.

The High Court agreed with the ruling and sentence of the Court of First Instance rejecting and dismissing the appeal confirming the original sentence. The case is now back for the execution of the order which, as we have already seen in past cases, has a “provisional execution order” already in place. So we hope that this client has a speedy payout.

The case was prepared and presented by the Canarian Legal Alliance Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Michael Gadman assisting the client throughout the process.

We now move to the continuing saga of the Financial Conduct Authority and their validation order to “legalise” loan agreements made by Azure Services Ltd. This company brokered loan agreements on behalf of Barclay Partner Finance yet they were not an “authorised” agent.

This has affected over 1,400 clients, whose loans were not enforceable under the law if the client defaulted on the loan. With the validation order, these loans were effectively legalised and BPF could enforce payment through the County Courts in the event of a default.

Although the FCA has issued a validation order, this is now subject to appeal as it appears that no client detriment was taken into consideration.

A group has now been formed on the following Facebook page:

https://www.facebook.com/groups/1152657598482168

If you would like to know more or join the group in their appeal then please do check this page out and join. (See below for links to previous articles).

We now move to Mindtimeshare, as you all know, Mindtimeshare went through quite a dramatic couple of years following Alberto Garcia’s demise with the subsequent removal of funds from the RDO.

Due to financial constraints, Mindtimeshare stopped publishing back in November 2019, they re-emerged only back in December 2020, just over a year without publication.

Obviously being out of circulation for that amount of time has left them well behind on all the scam operations, this is seen by some of the posts published over the past couple of weeks. Most of the “fake” law firms they have highlighted were the subject of several articles published by Inside Timeshare months ago.

Two, in particular, stand out, Morales Maxwell and Suarez and Simpson, both were highlighted for the first time in June and July 2020, with all websites working and a barrage of “cold calls” and unsolicited emails.

Unfortunately, by the time Mindtimeshare began publishing, these two have seemed to have disappeared into thin air with their websites no longer functioning.

The other cause for concern is their publication of a “fake” law firm Century Abogados, which had begun an email campaign targeting Eze Group members. They are using the following email address:

[email protected]

All credit to them for highlighting this “fake” law firm, but, unfortunately, it seems that their research has not been carried out completely. According to their article, there is no law firm or offices with the name Century Abogados.

There is a firm based in Malaga, with offices in Torremolinos, Marbella, Madrid and Barcelona, they use the website:

https://www.centuryabogados.com/

Which was registered on 5 May 2015 and is due to expire in May 2024, not the usual length for a scam company.

Entrance to the Malaga Office of Century Abogados

Inside Timeshare has contacted them and confirmed they are a genuine law firm with no interest in timeshare matters.

In fact, there is plenty of information on this law firm when searching the internet such as the one below:

https://www.elabogado.com/century-abogados-malaga/sedes/

As we said, all credit to them for highlighting the emails as being “FAKE”, but their research has let them down somewhat and this could have some serious consequences for the law firm as well as Mindtimeshare.

Inside Timeshare has also received this picture from a reader which appears to come from Mindtimeshare:

Well, all we can say is now we know where some of your new stories have originated and actually thank you for publicising Inside Timeshare, if Mindtimeshare is following, then we must be doing something right in our research!

That is all for today, please remember that in Spain, tomorrow is the Day of the Kings and is a public holiday, so unless some important news appears over the course of today there may not be an article tomorrow.

https://insidetimeshare.com/fca-validate-azure-bpf-loan-agreements/

https://insidetimeshare.com/fca-validate-bpf-azure-loans-update/

https://insidetimeshare.com/timeshare-loan-agreements/

Supreme Court Dismiss Anfi Appeal

Today we bring the news of yet another Anfi appeal being rejected and dismissed, this time not by the High Court of Las Palmas (Appeals), but by the highest court in Spain, Tribunal Supremo or the Supreme Court based in Madrid. As we already know it was this court which returned a landmark verdict in the 2015 case of Mrs Tove Grimsbo and her case against Anfi. That ruling lay the groundwork for all subsequent rulings of which Canarian Legal Alliance already has 130, it was legal history and changed the way the timeshare laws were interpreted once and for all.

Back in 2015, when the Supreme Court heard the very first timeshare case, all eyes in the legal profession and the timeshare industry were on the court and this landmark case. It all began in the Courts of First Instance and then passed to the High Courts with many appeals. It was the first time that the timeshare laws brought into force in January 1999 had really been tested.

Eventually, the Supreme Court ruled in favour of Mrs Grimsbo and the rest, as they say, is history. (See link below for a rundown on this story).

Since that momentous day in 2015, there have been many more rulings and clarification of the law, this has not been welcomed by the timeshare industry with even the trade body the RDO (Resorts Development Organisation) claiming the courts have interpreted the law wrongly.

All we can say to that is after 130 rulings it is the industry and the RDO who are wrong.

Anfi Resort

As you, our readers are very much aware, Anfi has been conducting what can only be described as “delaying tactics” all designed at making the litigation process as long and difficult for the clients as possible. This has resulted in appeal after appeal, all of which are being dismissed and returned to the original courts for the execution of sentence.

This is the latest appeal to have gone against Anfi, this time it was the Highest Court in Spain who rejected the appeal.

Anfi obviously felt justified in challenging rulings at the Supreme Court again, the very court which since 2015 has set very clear, decisive and rulings which are totally unambiguous on every occasion. The reason why Anfi launched this appeal, your guess is as good as mine, but, we do suspect that it is totally in line with their attempts to buy time and delay the inevitable.

The Supreme Court not only rejected the appeal made by Anfi, but they also refused to study the appeal. The panel of Judges could see no benefit in doing so, as far as they are concerned there is no conflict between the previous rulings of the court along with its application by both the Courts of First Instance and the High Courts

In this case, the Swedish clients represented by Lawyers from Canarian Legal Alliance, have now had their case returned to the original court for execution of sentence, with the sentence confirmed by the Supreme Court.

The client’s contract has been declared null and void, with the court awarding 120,000€ plus legal interest. This also included double the amount for payments taken illegally within the statutory cooling-off period.

This is now the end of the case apart from the execution order and the eventual payout to the client, there are no further grounds open to Anfi for any appeal.

The case was prepared and presented by the CLA Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Michael Gadman assisting the client during the process.

It is now very clear to Inside Timeshare and to our regular readers that Spain’s courts are most definitely on the side of the consumer when it comes to timeshare purchases, as we have stated before the industry only has itself to blame for their woes at this time. Anfi is trying to correct this situation with their contracts, but, as we have come to expect they are doing this in a very underhand way.

As we have reported for the past few years, Anfi is trying to entice members to sign the new “legal” contracts, the problem is since the start of the pandemic situation, Anfi has used this to “blackmail” members into signing.

For those who have lost their weeks this year due to Anfi being closed, the restrictions on travel and the cancellation of many flights, Anfi made the following offer to members:

They can claim a voucher to save this year’s week and use it next year (that’s if everything returns to normal), sounds great until you discover the terms and conditions of receiving this voucher.

In order to save your week or weeks, the only way to get the voucher is to sign the new contract which legalises it to conform with the law. This in itself is not a bad thing until you realise why they are doing it, the moment you sign the new contract you lose all your rights to make a claim through the courts for the mis-selling of the product and the illegal contract.

If that is not “blackmail”, well I don’t know what is.

Do you have an Anfi contract and are looking to terminate and get your money back?

If so and you would like to find out if it is an illegal contract and what your options are, then please use our contact page and Inside Timeshare will get back to you.