Browse Tag

Supreme Court

Marriott Lose Case and Deposit Huge Payment with the Court

Following on from yesterday’s article on the constant appeals to the High Court by Anfi and their attempt to either avoid or delay court-ordered payments, we today bring you the news of one company that is doing the right thing. Once again the timeshare company involved is Marriott Vacation Club. As we have published on several occasions, Marriott does appear to be acting in a much more responsible manner compared to Anfi, Club la Costa and Diamond.

At the Court of First Instance, Number 4 of Marbella, a German client of Canarian Legal Alliance has won his case against MVCI Holidays SL and MVCI Europe Limited.

The client’s contract which contained several infractions of Spanish Timeshare Law which have also been confirmed by 130 rulings from Spain’s Supreme Court was declared illegal and therefore null and void.

The main infractions were:

  • The contract was in perpetuity, when the law enacted on 5 January 1999 clearly states that contracts after this date must not exceed 50 years in duration;
  • Points and floating weeks are illegal as they contain nothing of substance, just the right of use subject to availability;
  • Taking of any payment within the statutory cooling-off period, even by a third party.

In her judgment, the presiding Judge Maria Jesus Lopez Navarro has not only declared the contract null and void but also ordered Marriott to repay the client 108,895€ The Judge also ordered that 33,448€ be added to the payment in respect of illegally taken payments with the statutory cooling-off period, this is double the amount taken as confirmed by law and the Supreme Court. The judge also ordered the payment of legal interest.

Anticipating the right of Marriott to lodge an appeal with the High Court against the sentence, the CLA Lawyers immediately applied to the court for a “provisional execution of sentence order”. This order forces the company to deposit the required funds with the court, thereby securing payment for the client 100%, pending confirmation of sentence by the High Court.

In this case, Marriott complied immediately by lodging this money with the court, a move we have seen in virtually all Marriott cases.

There are several reasons for Marriott’s stance, first, this reduces the amount of money they have to pay in increased legal interest which the court applies to the awarded amount. By depositing the awarded amount to the court immediately, stops any further accumulation of further interest payments.

It also saves any further increase in the awarded amount as the High Court does have the ability to increase this especially if they find that the appeal was frivolous and designed to delay or avoid payment.

The other reason is one we have mentioned before, Marriott is listed on the New York Stock Exchange, as a result, they have a legal obligation to report everything to their shareholders in their annual reports. In the last two reports we have published, Marriott did inform shareholders of the increase in litigation costs and the fact they had been losing in the Spanish courts.

Below is a link to our last article on this subject from 30 March 2021, this article also includes links to both reports to shareholders and the Securities Exchange Commission.

https://insidetimeshare.com/the-tuesday-slot-marriott-and-the-spanish-courts/

The case itself was prepared and presented by the CLA Lawyers  Oscar Salvador Santana Gonzalez and Christine Ihmann, with Claims Consultant Evi Richter assisting the client throughout the process.

Information has just been received of a massive victory for Canarian Legal Alliance and one of their Danish clients.

The High Court Number 5 of Las Palmas has confirmed the sentence of the Court of First Instance Number 2 of SBT against yet another appeal by Anfi.

Once again this court has dismissed the Anfi appeal and confirmed a massive award of 251,401€, this also included the payment of 38,925€ which is double the amount taken illegally as a deposit. Added to this will be legal interest and legal costs.

The illegal contract was also confirmed to be null and void in accordance with the original sentence.

The client’s case was prepared and conducted by CLA Lawyer Adrián Diaz Saavedra Morales with Claims Consultant Caroline Castro assisting the client.

It is quite clear the Courts of First Instance and the High Courts especially are following the law and rulings of the Supreme Court to the letter, it is just mind-boggling that these timeshare companies still believe the law is wrong and continue to appeal at every turn.

If you would like further information on this subject and whether you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

Translations

Danish

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Dutch

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Finnish

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German

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Norwegian

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Swedish

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The Tuesday Slot: Anfi and More Woes from the High Court

At the end of last week, the news was received of further appeals to the High Court of Las Palmas, Gran Canaria, by Anfi were once again rejected, yesterday yet another appeal was dismissed by the same court. In all cases, Anfi lost the initial case at the Court of First Instance of San Bartelóme de Tirajana. In one case not only did Anfi appeal, but the lawyers for the client also appealed as the Court of First Instance failed to recognise or make reference to the payment in double of any payments made during the statutory cooling-off period.

In our first case, Norwegian clients being represented by Lawyers from Canarian Legal Alliance won their case at the Court of First Instance, where the judge declared the contract null and void. The court also demanded that Anfi repay the client 42,429€ plus legal interest and legal costs.

Once again Anfi decided that they did not agree with the decision regardless that on every occasion they have lost the appeal, but launched it anyway.

The lawyers of CLA on behalf of the client also launched their own appeal regarding the failure of the court to award double the deposit taken during the cooling-off period. This point is a matter of law and has been confirmed on numerous occasions by the Supreme Court.

The Judge of the High Court Number 5 of Las Palmas rejected and dismissed the Anfi appeal but did accept the appeal by CLA on behalf of their client. The Court recognised that the illegally taken deposit should have been refunded in double.

They increased the award by 16,420€ which brought the total amount to 58,849€, added to this will be the legal interest and legal costs.

The following day another Anfi appeal was rejected and dismissed by the High Court Number 5 of Las Palmas.

The original trial involving another Norwegian client originally won their case at the Court of First Instance Number 4 of SBT. The judge, in this case, declared the contract illegal and therefore null and void, they also demanded that Anfi repay 57,813€ plus legal interest and legal costs.

In this ruling, the judge did recognise the point on the illegal taking of deposits, doubling up the amount taken illegally.

But as we have come to expect Anfi once again launched an appeal, once again they lost.

The High Court confirmed the sentence without hesitation and ordered the repayment of the said amount and confirming the contract was null and void.

Yesterday it was yet another Norwegian client of CLA who had their case concluded by the High Court.

The original ruling from the Court of First Instance declared the contract null and void with Anfi being ordered to repay the client 88,000€ plus legal interest and legal costs. In this case, the Court of First Instance recognised the illegality of the taking of any payment within the statutory cooling-off period. This doubling of the deposits taken amounted to 37,000€ more than the client originally paid.

But once again Anfi did not agree with the ruling and once again launched their appeal to the High Court.

As we have seen in all cases being heard on appeal, the High Court, this time Court Number 3 of Las Palmas, rejected and dismissed the appeal and confirmed 100% the original sentence of the Court of First Instance.

All these cases were prepared and conducted on behalf of the clients by CLA Lawyer Eva Gutierrez with Claims Consultant Caroline Castro assisting the client during the procedures.

As we have been seeing over and over again, Anfi appeals every case, the reason, your guess is as good as mine.

What we do know is that Anfi along with other timeshare resorts and the industry trade body the RDO (Resorts Development Organisation) still believe that the law is wrong, that the Supreme Court has misinterpreted the law. This is rather incredulous considering the time it has taken for the law to be verified and the 130 rulings made by the Supreme Court, all confirming the law and the sentences of the lower courts.

We also know that Anfi is employing some very underhand tactics by using this appeals process to delay payments. It is a fact that has been published not just here on Inside Timeshare but also in the Spanish press, that Anfi is moving funds from various bank accounts to give the impression they have no money.

This point is also being investigated by the Provincial Prosecutors Office with the assistance of lawyers from CLA, who have provided much of the evidence of these accounts.

It is also a fact that these appeals not only confirm the payments ordered but also cost Anfi a great deal of money. There are the legal costs of launching an appeal, our information is that it costs around 3000€ just to file the appeal with the court, add to this the cost of their legal representation, plus the accumulation of interest on the awarded sums, it does not take a mathematician to work out how much this is costing Anfi.

No doubt we shall be seeing many more of these cases on our pages over the course of the next year, as it seems like Anfi are not about to change their tactics.

If you would like further information on your legal rights and whether or not you have a valid and viable case, please use our contact page and Inside Timeshare will get back to you.

Wednesday News: Another New Fake Lawyer and More Woes for Anfi

Welcome to our Wednesday edition of Inside Timeshare, today we have a look at yet another “fake” law firm to emerge, once again it appears they are using the name and details of a genuine lawyer to give themselves credibility. This is another example of the theft of someone’s identity to commit fraud. We also have a look at the latest case involving Anfi in the High Court and a look at yet another article on the Tauro Beach Project.

First, we have a look at yet another “fake” law firm to rear its ugly head, during our usual morning search of the internet, we found this on the Mindtimeshare website, so Inside Timeshare decided to delve a little deeper into this “Law firm”.

The firm is called Cabrera Ayala Abogados with the website:

https://cabreraayala.com/

This was registered on 4 May 2020 and is due to expire next month on 4 May 2021, so again only registered for a short time. The registrant is also hidden so there is no clue as to who is behind the website.

The given address on the website is:

Calle Alejandro Casona 22 4B 28035 Madrid España

Email Adress:

[email protected]

Telephone: +34 931 845 020

Now considering they claim to be in Madrid, 931 just happens to be the code for Barcelona.

Mobile: +34 603 365 063

The information also includes the following information

Cabrera Ayala Abogados

With the Colegio de Abogados de Madrid registration number:

Colegiado nº 63893

On checking the Censo de Letrados, which is the register of all licenced and practising lawyers in Spain, we find that the actual lawyer is Jose Luis Cabrera Ayala. The address given on the registration is Calle Alejandro Casona 3 12 28035 Madrid. As you can see the address is in the same street but the numbers are different.

It is also noticeable that the mobile number given for the Genuine lawyer is +34 626 312 905, again different to the one shown on the website.

Doing a search for Jose Luis Cabrera Ayala came up with some very surprising information, this is a lawyer who seems to have a very respectable reputation and specialises in Sanitary Law, (health), so nothing to do with timeshare law or contracts. This information came from Emerita Legal, see link below.

https://www.emerita.legal/abogado/jose-luis-cabrera-ayala-84087

There is also a Linkedin page for this lawyer which also shows his rather illustrious career.

https://www.linkedin.com/in/jose-luis-cabrera-ayala-564a96177/

It is absolutely clear that whoever is behind this website has stolen and is using the identity of a respected lawyer for fraudulent purposes.

Again this enforces the point that you must be very careful when dealing with any company or law firm that contacts you or that you have found on the internet.

High Court of Las Palmas

Moving on to Anfi, they have once again lost another case in the High Court Number 5 of Las Palmas, yet another of their appeals to go down the swanny.

The original case brought on behalf of the Norwegian Client by Canarian Legal Alliance was heard in the Court of First Instance Number 2 of San Bartelóme de Tirajana. The contract was deemed illegal and declared null and void, the court also ordered Anfi to repay the client 48,197€ plus legal interest.

As was expected by the lawyers at CLA, Anfi lodged another appeal to the High Court, CLA Lawyers also launched an appeal of their own. This appeal was regarding the payment in double of deposits illegally taken within the statutory cooling-off period in line with the law and the rulings of the Supreme Court, due to the Court of First Instance who appeared not to have taken this into account.

The High Court as expected rejected and dismissed the appeal by Anfi and upheld the original sentence. The judges also accepted the appeal by CLA in regards to the doubling of the illegally taken payments, increasing the award by 45,654€ bringing the total to 93,851€ plus legal interest.

The case was prepared and presented by Eva Gutierrez with Caroline Castro assisting the client.

Yesterday, the TCA (Timeshare Consumer Association) published a short article on the Anfi Tauro Beach Project, a story that Inside Timeshare has been following for a number of years. In this article, they explain the long-running battle over this project with not only the local citizens but also the authorities.

The project has now been well and truly cancelled, it now remains to be seen if it is ever resurrected in the future or if the beach will be returned to its original state. Obviously Inside Timeshare will be keeping an eye on any developments and let you know.

If you require any information on any company regarding your timeshare or you would like to know your legal options be they a claim or just relinquishment, please use our contact page and Inside Timeshare will get back to you.