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Supreme Court

Latest Court News

Today Inside Timeshare looks at some of the court cases which have come to our attention this week. These cases have been brought on behalf of clients by two law firms and one independent lawyer, involving several Anfi, Diamond and Club la Costa cases. This article is published to show that timeshare companies are losing all over Spain proving the courts are following the rulings laid down by the Supreme Court.

CLA Legal Team

We start with our friends from Canarian Legal Alliance who have had yet another appeal by Anfi dismissed by the High Court Number 5 of Las Palmas.

The appeal court once again confirmed and supported the original sentence laid down by the Court of First Instance Number 4 of San Bartelomé de Tirajana where the contract was declared null and void along with the return of 59,163€ plus legal interest.

The contract was declared null and void due to several breaches of timeshare law which included, length of the contract was for more than the permitted 50 years, it contained floating weeks and also the illegally taken deposits within the statutory cooling-off period.

The original sentence also included the repayment of the illegal deposit in double, this was also confirmed by the appeal court judges.

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

Link to CLA figures

The Legal Team

Another law firm which has been having considerable success in the courts is M1 Legal, they are based in Mijas Costa and currently have around 1300 cases against various timeshare resorts in the courts. Of these cases, there are currently 577 against Club la Costa alone with claims to the value of £12.1million.

It appears the first week of November was a very busy one for their legal team as they had six cases against Club la Costa with all contracts being declared null and void.

The largest amount awarded in one case was £30,870 with a total for all cases coming in at over £105,387.

The contracts were all in breach of the current timeshare laws with contracts being in excess of 50 years and all containing the points system and not the permitted fixed week fixed apartment system.

Along with these cases, there were a further six cases being heard by the courts in Fuengirola, these cases were arguments on the grounds of jurisdiction. Club la Costa maintains that their contracts are subject to UK law and the jurisdiction of UK courts. This is an argument that has been going on for some time, even though many courts around Spain including the High Court in Malaga have ruled that Spanish law and courts do have jurisdiction.

In these six cases, the courts in Fuengirola agreed and accepted the cases on the grounds that they do have jurisdiction. So we can expect to hear successful outcomes for these clients in the future.

M1 Legal also had very good results in other cases against Diamond Resorts and our old friends at Anfi. The Anfi contract was declared null and void as it was also determined that the contract contained insufficient information on the product being purchased. This also included the fact that there was no time period specified on the contract, this is in breach of the law on the duration which as we have stated before is for a minimum of 3 years and a maximum of 50 years.

The Anfi client was awarded over £16,027 and the three Diamond cases totalling over £31,000 with those contracts also being declared null and void. 

https://m1legal.com/our-victories

We now move to a case brought on behalf of an Anfi client by the independent lawyer Javier Correa.

Javier-Correa

Javier was born in Las Palmas de Gran Canaria which is where he now practices and resides. Between 1984 and 1989 he studied law at the University of Navarra and later at the University College London. He then went on to complete his Master’s degree.

This case was originally brought at the Court of First Instance where this court declared the contract null and void with the return of the purchase price plus double the deposit illegally taken at the time of purchase.

Anfi as, usually do they lodged an appeal against the first court’s decision, this was heard in the Third Chamber of the Provincial Court (High Court Appeals).

As we have seen in previous appeals made by Anfi, the court rejected the appeal and confirmed the original sentence in its entirety.

The contract was for two standard two-bedroom suites on the floating week’s system at Monte Anfi. The client also paid 4,431.38€ as a deposit on the day of purchase and signing the contracts, this was ordered by the court to be paid back to the client in double in accordance with the rulings made by the Supreme Court.

The client will now be receiving over 41,000€ and is also timeshare free and no longer liable for the annual maintenance fees.

http://www.correaguimera.com/

Just on these cases alone, it is very clear that the timeshare industry is fighting a losing battle in the courts, well they did have many years in which they could have issued contracts which compiled with Spain’s timeshare laws. So really they only have themselves to blame.

This also answers the many questions received by Inside Timeshare, “are there any genuine lawyers out there actually doing what they say and winning?” As you can see the answer is yes there are genuine lawyers doing a superb job on behalf of timeshare consumers.

If you would like to know more about these cases wondering if you have a valid and viable case please use our contact page and Inside Timeshare will get back to you and explain your legal options.

More Bad News for Puerto Calma & A New Company Appears

Yesterday Inside Timeshare published the story of the refugees being housed at the timeshare resort of Puerto Calma in Gran Canaria. The article focused on the complaints by members who are rather disgruntled at the fact they are still required to pay maintenance even though the resort is closed to them and they are unable to use it. Today we begin with yet another blow to Puerto Calma and a recent High Court decision against them. We also highlight another new company that has just appeared on our radar, the company TSE Management Ltd also makes some very wild claims on their website.

First, we take a look at the latest court case against Puerto Calma.

The case was originally heard at the Court of First Instance Number 4 of San Barlelomé de Tirajana, where the court declared both contracts null and void along with repayment to the client of over 35,000€ plus legal interest.

The companies appearing in court were Holiday Club Canarias Sales Marketing SL and Holiday Club Canarias Resort Management SL, who then launched an appeal against the judgement with the High Court Number 5 of Las Palmas.

Once again the court endorsed the original sentence and dismissed the appeal, the judges confirmed that the contracts were null and void and confirmed the repayment to the client including double the deposit illegally taken within the statutory cooling-off period.

The case was brought on behalf of the Swedish clients by Canarian Legal Alliance with the Lawyer Eva Gutierrez preparing the case and presenting to the court on behalf of the client, with Claims Consultant Michael Gadman assisting the client in the process.

For years Holiday Club along with many other timeshare companies have flouted the laws enacted on 5 January 1999 to protect consumers. The main points of the contracts being illegal are the taking of deposits or any payment within the cooling-off period, the duration of the contracts being over the 50 years allowed by law and the use of floating weeks and points systems which also includes many fractional purchases.

Those clients who have taken these companies to court have not only had their contracts declared null and void thus removing the liability of the annual maintenance fees but also the return of the full purchase price.

We now move to the latest company to come to our attention, TSE Management Ltd, Company Registration Number 12899466. Their registered address is:

27 Old Gloucester Street London WC1N 3AX

The company was only registered on the 23 September 2020 so is just only 2 months old. The registered director & secretary is Sam Haggerty and this is his first appointment.

https://find-and-update.company-information.service.gov.uk/company/12899466

https://find-and-update.company-information.service.gov.uk/company/12899466/officers

They also do not show any telephone number or email address on their website:

https://www.tsemanagement.co.uk/

Which was only registered on 23 September 2020 and is set to expire on 23 September 2021, so another company has just been registered with a website the same age, yet according to their about page, they have been:

“helping with clients property requirements throughout Europe since the early 1990’s, originally established in Brighton the new TSE HQ office finds itself based in central London”.

They also claim on their website that they “won a legal battle against Club La Costa”, apparently this was in May 2020, a full 5 months before the company was registered!

Now they do not say how they won this case, but if it was in court, then the client must have signed up for the case at least 2 years ago, well before they were registered. After all, we do know that Club la Costa does all they legally can to delay hearings, from claiming no jurisdiction of Spanish courts to constant appeals to the High Court and Supreme Court.

We also know for a fact that CLC will not payout voluntarily, they delay payments which have even been ordered by the courts.

TSE Management also shows on their website the Trustpilot logo and five stars, well, again for a company that has only been registered for 2 months that is quite an achievement. Yet when checking the company with Trustpilot, they are not even registered with them.

Now if this information is not disturbing enough it is their approach which has us worried, according to TSE Management, they have been appointed by the Courts in Malaga for a Club la Costa case that has been “stuck” in the courts since 2016. Now we have to ask how do they know there is a case “stuck” in the courts after all the courts do not appoint any third party company or law firm to make contact with “victims”.

If you have been contacted by TSE Management, then please use our contact page and let us know what you have been told.

Do you want to know more about your legal rights with regards to having your contract declared null and void plus the return of your full purchase price? Then please contact us and Inside Timeshare will get back to you.

BEFORE ENGAGING WITH ANY COMPANY THAT CONTACTS YOU REMEMBER

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.