Browse Tag

Supreme Court

End of Week Roundup

Welcome to the last article for this week and what a week it has been, our email inbox has once again been busy with enquiries from readers trying to find out about companies that have cold-called them. Thankfully most are ones we have highlighted on these pages in the past with some new information which clearly points to a scam. Before we begin the roundup of this week’s news we begin with some new information about the “fake” law firm Morales and Maxwell.

Morales and Maxwell first came to our attention in mid-June, they appear to be targeting Eze Group members stating that the Málaga Courts have seized assets of Eze Group and there are substantial amounts of money being awarded by the courts to their clients.

These are quite substantial amounts all around £20,000 plus, but as usual, there are fees of around £2,400 which need to be paid to allow the courts to release the funds. Clients are being given a Spanish Mobile number which is supposed to belong to the Málaga courts to verify the facts. Well, we do know that the courts will not be using mobile telephones for this type of enquiry.

It has now transpired that Morales & Maxwell are now sending a document supposedly from the Oficina Judicial de Andalucia, very strange indeed considering the courts are part of the Ministry of Justice which is a National Government Ministry. We at Inside Timeshare have never seen any document like this in all the years we have been running.

The document is attached below as a PDF file, so far we have not been able to identify the Judge  His Honorable High Judge Dr Jose Mario Savantes, or if he is indeed genuine and as usual his name is being used without his knowledge. More information will be published as and when it is available.

Previous articles on Morales Maxwell.

https://insidetimeshare.com/eze-group-clients-being-targeted-jsd-update/

https://insidetimeshare.com/its-friday/

https://insidetimeshare.com/start-the-week-more-from-morales-maxwell-and-the-jsd-group/

On Tuesday we reported on the Tenerife fake law firm Torcaz Abogados, yet another incarnation of the Litigious Abogados Family we have reported on over the last 4 years. This article highlighted the same Modus Operandi as the previous incarnations right down to the “stolen” cheque from the post by a gang of “Bulgarians”, and the investigation and questioning of the post office staff as the “law firm” claimed it was an “inside job”.

The envelope with a letter from the court which the cheque issued by the court was missing.

You can read the full story on the following link:

https://insidetimeshare.com/torcaz-abogados-the-case-of-the-missing-cheque/

On Wednesday we highlighted the continuing story of Mark Rowe and his companies and that one of them of which he is still director Lansdown Financial Ltd is now the “Trading Name” of Mellor Solicitors. A relatively new law firm only registered on 19 June 2017, and supposedly doing the “claims” for Mark Rowe’s previous clients of ABC Legal & ABC Lawyers whose claims were then passed to Lansdown Financial. The full story can be read at the following link.

Mark Rowe

https://insidetimeshare.com/mark-rowe-lansdown-financial/

On Thursday a breaking news story was published titled “Uncovered: Anfi Attempts to Avoid Embargoed Accounts”. This article highlights the tactics being employed by Anfi to divert funds from Spanish accounts that are or may be subject to embargoes by the Spanish courts.

Although the beneficiaries of the payments are Anfi, these accounts are with banks in the UK, Germany, Denmark and elsewhere. Inside Timeshare has in the past published many stories on the Anfi practice of diverting funds between accounts in order to delay or prevent payment to clients who have won their cases. This story is likely to come to the attention of the Spanish press who are very keen to publish when it does Inside Timeshare will bring you their findings.

The full article can be seen at the following link.

https://insidetimeshare.com/uncovered-anfi-attempts-to-avoid-embargoed-accounts/

We now move on with the latest news from the courts this week.

On 30 June yet another sentence was issued against Anfi Sales SL and Anfi Resorts SL, by the Court of First Instance No. 4 of San Bartolomé de Tirajana GC.

The court declared the contract null & void due to the duration of the contract being for more than 50 years, containing floating weeks and the illegal taking of deposits. The court, in this case, awarded the client 102,427.91€ plus legal fees and legal interest. This is a whopping 30% more than his original purchase price.

The Norwegian client was represented by Aroa Cathaysa Martin of CLA, so another happy ex-Anfi timeshare owner and another victory for Canarian Legal Alliance.


Aroa Cathaysa Martin

On the first day of the month in another case at the High Court of Las Palmas (appeals), CLA won on behalf of another Norwegian client against Palm Oasis Tasolan.

The appeal was brought by Palm Oasis who lost at the Court of First Instance, with the High Court dismissing the appeal. They confirmed the sentence of the lower court which declared the contract null & void and awarded over 22,000€ back to the client.

The client was represented by the CLA lawyers  Miguel Angel Melian Santana and Oscar Salvador Santana Gonzales, so it is congratulations to the client and also to CLA and their legal team.

These cases do show that the courts are now firmly behind consumers of timeshare and are following the law to the letter. It just amazes us that the timeshare companies still refuse to accept that their contracts are illegal and that the Supreme Court has interpreted the law incorrectly and continue to drag the case out with frivolous appeals.

On the point of the fake law firms and dubious claims companies, it is very important that you do your checks before believing what you are told on a cold-call or engaging their services. If you do not want to lose any further money then

DO YOUR HOMEWORK.

Have a great weekend and join us again next week.

End the Week: Courts Roundup

It’s the end of another week and in Spain, the lockdown is beginning to ease with more people returning to work and most importantly the courts. At the moment they are not holding any trials although the judges are working where no witnesses are required to be present. Today we bring you some of the sentences which the judges have now issued for trials that took place before the closedown. We start with a very important decision from the courts in Fuengirola.

Over the years many of the timeshare companies such as Club la Costa, Diamond and MacDonald Resorts have tried to get around Spanish timeshare legislation and in the past, they have succeeded.

These companies have used on their contracts UK Limited companies with the clause arguing they are subject to UK law and the Jurisdiction of UK courts. Unfortunately, many judges for whatever reason have agreed and have refused to accept cases. But over the past few years or so, Canarian Legal Alliance has fought these moves and as we reported in the article below the Supreme Court rejected an appeal by CLC against a Malaga High Court decision that they did come under Spanish law and jurisdiction.

https://insidetimeshare.com/http-insidetimeshare-com-p5128/

Now it is the turn for Diamond Resorts (Europe) Ltd, The Court of First Instance Number 1 in Fuengirola has ruled that despite the claims of Diamond Resorts, Spanish law and courts do have jurisdiction.

In the ruling from the court, the documents (see PDF below), show very clearly the precedents set by the Club la Costa cases, with the various rulings being cited. It is now clear to all, that if the timeshare is purchased in Spain then the consumer is protected by Spanish Law. This opens the gates for many timeshare owners who previously did not have a case in Spain due to the clauses in the contract of jurisdiction. Do remember that Spain has the toughest timeshare laws in Europe, the UK, however, is lacking very far behind.

The case was brought by Miguel Ángel Melián Santana (Abogado) and Francisco Cornelia Montesdeoca Quesada (Procurador) of Canarian Legal Alliance.


Miguel Ángel Melián Santana

On Monday 1 June, the High Court Number 3 in Tenerife (this is the appeal court), declared a UK client’s Silverpoint contract null & void with the return of over 60,000€ plus legal fees and legal interest.

The claim is now being registered with the Mercantile Court making the client a “creditor” as well as being handed over to the Enforcement Team of CLA to secure the funds through property embargoes of the Limora Group. Along with this further embargoes are being sought against assets held by the ex-managing director of Silverpoint. From these proceedings, it is clear that CLA is doing whatever it takes to ensure their clients receive their lawful payments.

The lawyers in this case were Miguel Ángel Melián Santana and Óscar Salvador Santana González.


Óscar Salvador Santana González

The following day was not a good one for Anfi Sales SL and Anfi Resorts SL, the case was heard at the Court of First Instance of San Bartolomé de Tirajana, Gran Canaria. Ths court ruled that 4 contracts be declared null and void with the client to be returned over 15,000€ plus legal fees and legal interest.

The lawyer conducting the case was Adrián Diaz-Saavedra Morales of CLA.


Adrián Diaz-Saavedra Morales

On Wednesday the High Court Number 5 the appeal court of Las Palmas GC, confirmed the original ruling made at the Court of First Instance against Anfi, yet again.

The contract was declared null and void with the court awarding 152,345.38€ plus by way of a fine a further 26,743.68 for the illegal taking of payments during the statutory cooling-off period. This happy German client is now timeshare free and 179,088.68€ better off.

This client was assisted in the claim by the senior German Consultant Jasmin Erhard and the lawyer Eva Guttiérrez.


Eva Guttiérrez

This morning another German client of CLA has just received their sentence from the courts in Fuengirola against Club la Costa. The court declared the contract null and void and awarded the client 10,100.85€ plus 15,782.03€ by way of a fine for the illegal taking of deposits within the cooling-off period giving a total of 25,882.88€

The client was assisted once again by Jasmin Erhard with Óscar Salvador Santana González who was in charge of the case.


Jasmin Erhard

So it is congratulations to the happy clients and a very big well done to the team at Canarian Legal Alliance.

That is all for this week, hopefully Inside Timeshare will be running back to normal next week, in the meantime have a great weekend and stay safe.

Start the Week: Great News from the Courts

Welcome to the start of another week with Inside Timeshare and the start of a little relaxation of the lockdown regulations. On Saturday 2 May, the restrictions on movement were relaxed and everyone was allowed to leave their homes and have a good long walk or run, although there are still restrictions in place it is just nice to get out and about. With that good news, we now move on to the news from the courts and more sentences being issued against various timeshare resorts.

Late on Friday we received the news of yet another victory in the courts against Marriott and their affiliated companies, MCVI Management SL and MCVI Holidays SL.

The case was brought on behalf of a German client of Canarian Legal Alliance, with the case being led by Judith Diaz Pascual and was heard at the Court of First Instance No4 in Marbella, Costa del Sol. The contract was as usual declared null and void as it was in breach of the Spanish Timeshare Law 42/98.


Judith Diaz Pascual

This case is very interesting as the client was awarded the original purchase price of 59,581.20€, with the judge awarding 73,829.99€ as a penalty for the illegal taking of deposits within the statutory cooling-off period. We are used to seeing double the amount of the deposit being paid back but in this case, this is a huge amount.

The total amount the client will now receive is 133,411.19€ plus the inclusion of legal interest. It will now be interesting to see how long it will take Marriott to deposit this amount with the court to be repaid to the client. If the way Marriott has been operating in past cases with voluntarily paying into the court before enforcement action is brought, it should not be too long.

First thing this morning the following news was received about six cases heard at the High Court of Las Palmas, with all these cases being presented as appeals.

The timeshare companies involved are Anfi Sales SL and Anfi Resorts SL, these appeals were launched on behalf of the clients by CLA. The reason is very simple, the Judges at the Court of First Instance did not award double the amount taken as deposits within the statutory cooling-off period.

The High Court has overruled these decisions of the First Instance Courts and has followed to the letter the rulings laid down by the Spanish Supreme Court. This is certainly a great decision for the clients.

In total the court has awarded for these six cases amounts to a staggering 374,274.72€ plus legal interest and all appeal costs.

As this was being written yet another ruling from the High Court No5 of Las Palmas has again overturned a previous ruling from the First Instance Court. At present we do not have the figures but it is known that the full purchase price, plus double the deposits taken with legal interest and appeal costs have been awarded. More on this when we get full details.

As we can see, even if the courts are not actually hearing cases at the moment, the wheels of justice still keep on turning with judges issuing sentences on cases heard before the lockdown came into place. Inside Timeshare will keep you updated on the latest news as and when it comes in.

Inside Timeshare is still receiving many emails from readers who have been contacted by Iconel Administration SL with the great news that the courts have awarded them a substantial amount of money. As usual, there will be fees to pay in order to release this money, the problem is the client never had a case in court and was totally unaware that any case had been to court.

As we have reported in many articles not just for Iconel but for all these “fake” law firms who claim they have been appointed by the courts to “trace” clients with money being held by the courts. This is a total fabrication, unless you have personally instructed a lawyer, paid the legal fees and have been informed that a trial date has been set with the possibility that you must attend, then there is no money being held by any courts.

Below are two articles on this company and the links with other dubious “fake” law firms, so if you have received a call or email with the wonderful news, do not believe it. Please use our contact page and let us know Inside Timeshare will get back to you.

https://insidetimeshare.com/end-of-the-week-and-another-fake-firm-emerges/

https://insidetimeshare.com/its-friday-and-the-end-of-another-week/