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Supreme Court

End the Week: Court News

It’s the end of another week and apart from the big news about the “partnership” between Wyndham and Club La Costa, it has been rather quiet on the news front. Our old friends The Litigious Abogados Family have once again graced our pages with their latest “SCAM” or should we say “FRAUD”, with the use of yet another genuine name to enhance their nefarious purposes. We began the week with a short piece on cold calls. I should point out that “Mavis” is a fictitious character made up to highlight a problem, unfortunately, I did receive comments that they felt “Mavis” should give up her job. That is easy to say if you are comfortable. We end this week with our typical news from the courts.

We start with a Marriott case that was heard by the Court of First Instance Number 3 of Marbella, with the court issuing their sentence on 21 October.

Marbella Court House

The case against MVCI Management and MVCI Holidays was brought by an English client and was represented by lawyers from Canarian Legal Alliance. Their contract was for a period of more than 50 years and was also a points/floating week based membership. 

It was therefore declared null & void as laid out by law and the precedents set by the Supreme Court.

The court also ordered Marriott to repay the client 51,200€ plus legal interest; we now wait to see if Marriott continues to do the right thing and place the money with the court without the need for enforcement procedures.

Moving back to Gran Canaria, at the Court of First Instance Number 2 of SBT, another new case against Anfi was heard and a sentence issued.

The judge ordered the repayment of 47,235€ plus legal interest and costs, with the contract obviously being declared null & void. This amount also includes a double payment for the illegal taking of deposits during the statutory cooling-off period.

The case will now be filed with the Mercantile Court due to the liquidation procedures against Anfi Resorts and Anfi Sales. It is still not clear if Anfi can appeal the sentence, like they always do, with the High Court because of this, once we have a definitive answer we will let you know.

So far this week there have been three Anfi appeals once again dismissed by the High Court of Las Palmas.

High Court Las Palmas

The three cases involve one Norwegian client and two English clients, all won their cases at the Court of First Instance with their contracts being declared null & void and a total repayment ordered to all three of over 91,000€ plus legal interest and legal costs.

The judges also ordered that all three clients be repaid double the amount in respect of the illegally taken deposits at the point of sale. The statutory cooling-off period has actually been in force before the enactment of Law 42/98, this law increased it to 14 days, so really the timeshare companies again only have themselves to blame.

All three clients’ cases will now be filed with the Mercantile Court by their lawyers at Canarian Legal Alliance to ensure they are registered as creditors.

That is all from the courts at the moment, there has been nothing in from Tenerife and the Silverpoint cases, which as we know are also subject to administration by the Mercantile Court. When anything of importance is announced Inside Timeshare will publish it here.

If you would like further information on any articles published or just want to know if your contract is illegal and what options are available to you, then please use our contact page and Inside Timeshare will get back to you?

Have a Great Halloween Weekend and join us again next week for more news and information on the world of timeshare.

It’s Friday & We End the Week

Welcome to the end of another week with Inside Timeshare, this week began with the article A Little Known Name but Integral to Silverpoint. It is a name that has appeared over the years but was hidden in the shadows, attention was very much on others. The full story of Diana Aitchison and her involvement is only just beginning to surface.

On Tuesday we published yet another warning on the FAKE law firm from Tenerife stealing the good name and website of a rather prominent and respected lawyer from Madrid. The story of this FAKE law firm has been a regular feature over the years, highlighting the many changes of name, but, their recent use of genuine law firms names and websites has taken it to a whole new level of fraud.

The article on Wednesday was really prompted by the many emails received with questions about claims. Our readers were somewhat confused at what they were being told, one response to the article was just what we expected. One former Anfi owner was told he had a claim, it didn’t matter that he had not paid maintenance or received bills since 2006, with no contact whatsoever. He still had a case as the contract was illegal, to get a case in court it would cost £5000+ for legal fees. Our reader, we are glad to say, didn’t fall for that one.

There was no article on Thursday as it had to be shelved due to a legal settlement, all I can say is that it was mutually beneficial to both parties. Although it would be nice to publish a “good news” story, we respect the wishes for no publicity.

We now end the week with some news from the courts, yes, you have guessed it, Anfi once again takes a prominent part. But first, we begin with Silverpoint.

This is one company that is going to be in the news for quite some time, for one Norwegian client their battle with Silverpoint has moved a step closer to completion. The Court of First Instance of Arona has declared their contract null & void, which was to be expected considering the fraudulent nature of the Silverpoint products.

The Judge also ordered the client to receive 257,552€ plus legal interest and legal costs. This award included the payment of double the amounts taken illegally during the statutory cooling-off period.

Due to the liquidation process of Silverpoint, the clients lawyers will now be making legal representation to the Mercantile Court in order to secure the amount for the client. This is the first stage to becoming a “Confirmed Creditor”, now considering the amount to be repaid has been ordered by the court, I would have thought this was now just a formality.

Always in the News, for all the wrong reasons!

Moving from Tenerife to Gran Canaria, more specifically, Anfi and their constant appearances in the courts.

There was one result from the High Court this week, again it was due to another frivolous appeal by Anfi. I know this gets a bit boring, but the Judges at the High Court once again “DISMISSED” the Anfi appeal.

In their ruling they endorsed the original sentence of the Court of First Instance 100%, as we have stated before, this is all in accordance with Spanish Law and the rulings of the Supreme Court.

The client’s contract was declared null & void with the return of 54,749€ plus legal interest and legal costs.

At the Court of First Instance Number 4 of San Bartolome de Tirajana, an English client had their contract with Anfi declared null & void, along with the return of 22,055€ plus legal interest and legal costs.

Usually, we would say that we expect Anfi to appeal, but, due to recent events and the ordering of “necessary liquidation” by the Mercantile Court, we wonder if they can appeal?

Another case involving German clients was also heard at the Court of First Instance of SBT, this time Court Number 1. Again the judge in accordance with Spanish Law declared the Anfi contract null & void, also ordering the repayment of 54,749€ including interest and costs.

The same question as above also applies to this case, but the lawyers from Canarian Legal Alliance who represented the clients will be ensuring that these cases and awards are filed with the Mercantile Court

If you would like more information on any article published or just have a comment, please use our contact page or leave a comment on the appropriate article.

Have a great weekend and join us again next week.

Court News and Another Twist to the Litigious Abogados Family

Welcome to a rather short Thursday article. First, we have a look at news from the courts of two cases. Both companies are very familiar to our pages, Anfi and Silverpoint. We also report on the first information regarding our old friends in Tenerife, The Litigious Abogados Family, who appear to have resurfaced, this time using the name of a genuine law firm.

Our first court report is from the High Court Number 3 of Las Palmas and once again involves Anfi.

This case was originally heard at the Court of First Instance of SBT, where the contract was declared null & void with Anfi being ordered to repay the client 22,574€ plus legal interest and legal fees.

As we have come to expect from Anfi, they once again decided it would be a “great laugh” to delay everything and lodge an appeal with the High Court. Another waste of the clients, lawyers and courts time, not to forget the legal bill for their own lawyers.

The Judges at the High Court, following all other cases and the rulings of the Supreme Court, roundly dismissed and rejected their appeal. The original sentence was confirmed and is now being filed with the Mercantile Court and the Court Appointed Administrator for the payment of the awarded funds.

In Tenerife, the Judge of the Mercantile Court Number 1, Santa Cruz de Tenerife, after examining the contracts has declared them null & void, plus awarding the client 147,420€.

As Silverpoint is now under the Mercantile Court and a Court Appointed Administrator, the client’s lawyers will now file this claim with the Mercantile Court for payment along with all the other claims against Silverpoint which have been found in favour of the clients.

One thing that is similar to both cases is that both companies used the same techniques to avoid payments, both moved money from their accounts to others so when an embargo is placed, nothing is in the accounts for the court to take. Both are being investigated by the authorities for the illegal movement of funds.

In both cases, the clients were represented by lawyers of Canarian Legal Alliance.

Along with our friends at the TCA (Timeshare Consumer Association), we are investigating another use of a genuine law firm by scammers.

So far from the documentation we have received, it appears this is yet another incarnation from our old friends The Litigious Abogados Family, with a new “Procuradores” or “Procurator”, this one is called José Vazques.

It is to this person that the “victim/client” has to pay, the account is in the name of José Motoz Vazquez, the bank is Evo Banco and the IBAN ES30 0239 0806 7526 6701 5925. Any payment being made to a named individual is always a bad sign.

In the letter sent to the “client”, it is purportedly from a law firm in Madrid called Adarga Abogados, along with all the names and bar association numbers of their lawyers.

The website for the law firm which does appear on the letter is

https://adargaabogados.es/

but, the email addresses on the letter are:

[email protected] 

[email protected]

These are free email providers such as Hotmail or Gmail, the email address for the genuine law firm is linked to their website.

Inside Timeshare and the TCA are in contact with the genuine law firm with the TCA already having established they have nothing to do with the letter or with any timeshare related claims.

We have seen these people use pictures of genuine people with fictitious names in the past, the most notable of them is the use of the late 39th President of Venezuela and the Ambassador to Argentina. But now they are using a genuine law firms name and their website!

Our inquiries are ongoing and we will have a full report once all the information has been received. In the meantime, if you receive a call, text or email using the name Adarga Abogados, please let us know.

Once again this reinforces the point that you should not accept as genuine any call or correspondence you receive, without first doing your own due diligence. If you are not sure how to go about this, please contact Inside Timeshare and we will help you determine if they are genuine or not.

Do you have a timeshare you purchased in Spain, is your contract legal under Spanish Law, if you would like further information on this and your legal rights and options, please use our contact page and Inside Timeshare will get back to you.