As we have seen over the past couple of years the Supreme Court rulings on timeshare is taking its toll on timeshare companies.
Only in the past week we have seen numerous cases being won in the lower courts, most notably those against Resort Properties / Silverpoint in Tenerife. Others have included Diamond Resorts and Lagos de Fañabé, also at the Tenerife Courts.
The weeks timeline:
Court of First Instance No 4, rules in favour of British clients ordering Silverpoint to return over £37,793 plus legal interest. The contract was also declared null & void, in this case the court ruled that the contract did not specify a date, time or location, other information was also lacking.
On the same day at the High Court No 3, ruled against Diamond, again there was a lack of information specified in the contract. The court ordered the return of over 28,000€ plus legal interest. The contract again being declared null & void.
The Court of First Instance No 1 in Tenerife found for British clients against Van Gogh Promotions. The contract was declared null and void with the return of £12,016 plus legal interest.
That afternoon, the First Instance Court in Maspalomas saw the end of another trial against Anfi, the sentence has yet to be announced. But if previous cases are anything to go by, along with the rulings of the Supreme Court, we can guess what that is going to be.
The courts in Tenerife again found against Silverpoint, the court ruled that there were serious infringements of the timeshare laws. In this instance it was again the lack of specifics on week, time and location, it also mentioned the infringements in the R/P / Silverpoint system of points. It also ruled that the taking of deposits within the cooling off period was illegal and awarded DOUBLE the amount back, these clients will now receive over £47,131 plus all maintenance fees and legal interest.
Two cases from the Tenerife courts ruled against Silverpoint, again it is the same infringements of the timeshare laws. In these cases a German client was awarded over 27,489€ plus legal interest, then a British client was awarded over £30,062 plus legal interest. Both contracts were declared null and void.
Again from Tenerife, the court ruled against Lagos de Fañabé, the main point of this judgement was the length of the contract, being in perpetuity, or longer than the allowed 50 years. The client again British will receive over £11,000 plus legal interest and legal fees. The contract also being declared null & void.
Another end to a trial at the court in Maspalomas, again concerning Anfi. British clients are now waiting for the court to issue its verdict. Again, if the Supreme Court rulings apply, we know what that will mean.
At the time of writing the latest news from Tenerife was announced. The High Court No 3, has declared another Silverpoint contract null & void, with return of over 25,698€ plus legal fees and legal interest.
The courts are certainly keeping busy with all these cases, but there are certainly some very happy clients. Following is the story (translated) posted by a Scandinavian client on facebook.
“Today, after many years in the legal system, we have completed our case against Monte Anfi.
The Supreme Court of Madrid decided in March 2016 that our contracts were invalid and we had to have our expenses returned.
We paid in 2005, 34,000€ and have received 340,000 Norwegian Kroner, around 35,756.91€, after the Canarian Legal Alliance has received their fees.
We are deeply grateful for the help the Canarian Legal Alliance has provided us.
We hope that others who want out of their contract will be as lucky as us”.
So for those who post on social media that no one gets paid out, this shows they do, not everyone will post their story, most wish to remain anonymous.
It now remains to be seen how many turn up for the Anfi SGM on 23 June. It will also be interesting to see how many will accept and sign the new contract, or will they take up the legal option, having their contracts declared null & void, with the return of all they have paid?
Inside Timeshare will be watching these events and will report when the news comes in.
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