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.
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.
Link to CLA figures
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.
We now move to a case brought on behalf of an Anfi client by the independent lawyer 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.
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.