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Palm Oasis

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.

Start the Week

Welcome to the start of another week, due to some minor technical issues Inside Timeshare was unable to publish for a few days, these have now been resolved. Last week was a very good week for some ex-timeshare owners with their long-awaited payouts finally arriving in their own accounts. We also issue yet another warning on the proliferation of “new” companies starting their “cold calling” campaign.

On Wednesday 2 September one German client received his court awarded payout from Palm Oasis Tasolan. In total the client was awarded 15,692.50€ which included double for the illegal taking of deposits within the statutory cooling-off period. The contract was also declared null and void.

In addition to the award, the client also receives back a further 7,537.83€ in legal costs and legal interest. The client was represented by the Canarian Legal Alliance Lawyers Eva Gutierrez and Adrian Diaz Saavedra Morales, with the Claims Consultant Jasmin Erhard assisting the client at all stages.

Palm Oasis Maspalomas Gran Canaria

The following day, news came in of another payout with a slight twist, this time it was Holiday Club who paid out the court-ordered 17,460€.

The Danish client’s case was originally heard in February with the court awarding the return of his purchase price, double any deposits taken within the cooling-off period and declaring the contract null and void.

The twist is that this payout considering the closure of the courts due to the lockdown has been received very quickly. The reason, Holiday Club respected the ruling of the Court of First Instance and did not appeal the decision, unlike many of the other resorts such as Anfi.

The client was represented by the Lawyer Eva Gutierrez with the Claims Consultant Michael Gadman assisting the client.

Last Friday 4 September was a great ending to the week for one Norwegian client, although it is only a partial victory at the moment.

The client has been paid 14,875€, this is only a small amount of the original 50,136€ which the courts ordered back in January when Anfi lost their appeal. There will also be legal interest to be added.

4 Sept

Let’s end the week with more good news for our Norwegian clients who will be receiving 14.875€.

As we know and have reported on these pages on many occasions, we know that Anfi continuously lodges appeals and uses other tactics in order to avoid making these payments. They have changed companies, changed bank accounts among other measures in this endeavour, but, unfortunately for them, CLA became aware of a tax refund received by Anfi.

CLA immediately applied to the court for these funds to be embargoed, the court immediately obliged and the money was duly embargoed.

We know that there is currently an investigation by the State Prosecutors Office into these matters, which could result in criminal charges, so the question is, why does Anfi continue to employ these tactics?

Well, if only we knew, we leave you the reader to draw your own conclusions to this question!

This particular case along with the application for the embargo was conducted by the Lawyers Eva Gutierrez and Cristina Batista with the Claims Consultant Michael Gadman assisting the client.

It is that time of year when many timeshare owners are starting to receive their maintenance bills, with many resorts sending them out early with a discount for immediate payment. This shows how desperate they are for your annual fees to be paid.

The problem now is the number of “new” companies that are emerging with some very strange tails. We have already explained in previous articles about the “arrests” of certain people, who according to the callers have been tried, convicted and jailed. This along with the claim that their personal assets have also been seized and being held by the courts for immediate payout to “victims”, is totally false.

It is also a fact that even when a court does seize assets of any company or individual, the courts do not employ or appoint any company or law firm to trace and contact any possible victims.

It is also very important for you the reader to get as much information as possible from these calls. One we have been informed about as an example which unfortunately the elderly person could not remember the company name, was supposedly from a company in Mallorca. The caller told them that they also had their head office in the UK, the only problem is the telephone number did not come from Mallorca but Tenerife!

If you are receiving these types of calls and would like help in identifying if they are genuine or not, please use our contact page and Inside Timeshare will get back to you.

Start the Week: Latest Court News

Welcome to the start of another week, today we review some of the legal news which was announced last week from the courts in Gran Canaria and Tenerife. We ended last week with yet another warning on calls from suspect companies claiming to be appointed by the courts to retrieve money “awarded” by the courts for cases which have never taken place. This prompted a flurry of emails from other readers who have also been contacted and were unsure if they were genuine. Thanks to Inside Timeshare publishing this warning these unsuspecting victims have been saved from paying and losing even more money. The companies named in the warnings are Solutions SL, CUC Abogados of Tenerife and Sanchez Services based in Fuengirola.

We begin with the news that Silverpoint has paid out a client and they will now be enjoying a timeshare free life with a massive 103.050.14€ in their bank account.

This is a brief rundown of the proceedings against Silverpoint:

The UK client won their case in the Court of First Instance in Arona, Tenerife, as usual, Silverpoint made another frivolous appeal to the High Court in Santa Cruz, once again using this tactic to delay and avoid paying as ordered.

Unfortunately for Silverpoint the High Court upheld the sentence of the lower court and found in the clients’ favour. Canarian Legal Alliance had already filed a provisional execution of sentence order with the court. Upon receiving the news from the High Court, CLA launched a final execution order on a Silverpoint bank account and secured the funds for their client who has now received payment.

It must also be pointed out that in the original first sentence the award was 74,584.20€, but because of the delaying tactics employed the legal interest increased the final payment.

Obviously, this is great news not only for this client but for others who are also in the same position.

Enforcement orders

Another UK client has also had their funds secured and their contract declared null and void. The funds have been secured by a cash embargo and a final execution order. The total amount this client will now receive is 61,197.25€ and also their contract has been declared null and void.

Another cash embargo was also achieved for a German client of Silverpoint, with over 36,000€ to be paid into their account.

At the courts in Gran Canaria, another UK family has had over 42,000€ secured by a court order. This was made against Palm Oasis (Tasolan) and shows that CLA is ensuring that their clients receive what they have been awarded by the courts.

In just these four the total secured is over 242,000€.

More news which will also it was announced that the Judge in The Court of First Instance, Maspalomas, Gran Canaria is now following the criteria of the other judges in Courts 1, 3 and 4, he will now dictate sentences after the pre-trial stage without the need for a full trial (unless in special cases). This certainly is good news for clients who will now no longer be required to attend the court and give evidence.

This will obviously speed up the legal process and is good news for clients, it now only remains for Court Number 2 who still requires clients to attend and submit personal evidence and be questioned by the defendants’ lawyers.

It certainly looks like the courts are no longer accepting the tactics of the timeshare companies demanding the attendance of the clients in court and also in the delaying tactics of constant and frivolous appeals. For you the clients this news shows that justice is on your side.