Recently Inside Timeshare has been reporting on the problems of getting Anfi to payout what the courts have ordered. It has already been reported not just on Inside Timeshare but in the main Spanish newspapers and also on Spanish National Television News on the tactics employed by Anfi to stall or even attempt to avoid payment. This has brought the attention of the Provincial Prosecutors Office in Gran Canaria to begin an investigation. The focus of this investigation is the movement of funds between various Anfi accounts to avoid those accounts from being embargoed by the courts and the money seized. This investigation is being conducted on a criminal basis and charges may follow. Today’s article focuses on one client whose battle is now over.
The case was brought against Anfi on behalf of a Dutch client by Canarian Legal Alliance, with the trial at the Court of First Instance of San Bartelomé de Tirajana, finding in favour of the client and declaring their contract null and void. The court also ordered that Anfi repay the client 103,820€.
As usual, Anfi appealed this decision to the High Court.
CLA immediately filed for a “provisional execution” to secure the funds until such time the High Court confirmed the original sentence. Once again Anfi appealed against this request, but the court rejected the appeal and placed an embargo on their accounts.
Once the embargo was enforced on the accounts, Anfi were informed by the court that 7,849€ had been seized from the account. Now, considering the size of the company it seems inconceivable that they only had such a small amount in the account!
Could this be an open sign that Anfi knows exactly what they are doing and doing so in order to cause clients as much distress as possible?
Well, this did not deter the lawyers at CLA, they immediately petitioned the court to investigate the situation of Anfi assets.
After the CLA request to the court to investigate Anfi assets the court managed to seize a further 27.367€, this is still a very small amount for a company such as Anfi. According to the documents supplied by CLA, this was not one large amount but was made up of smaller sums being seized.
The funds were still 68,604€ short of the ordered amount and CLA firmly believed that Anfi was giving them, their client and the courts the runaround and making a complete mockery of the system. Again CLA appealed to the courts in order to speed up the recovery of funds for their client.
During the months that followed the court was unable to secure and seize any further funds, obviously, CLA suspected that Anfi were “hiding the money”.
With their suspicions aroused, CLA asked the court to appoint an official independent administrator to investigate the affairs of Anfi, establishing if they actually did have a genuine inability to pay what they owed to the client.
It would seem that the court agreed with this request, in the meantime, CLA received from the High Court the result of the Anfi appeal.
As expected in line with all previous appeals, the High Court dismissed it and CONFIRMED the original sentence of the Court First Instance.
A court date was also received regarding the appointment of an independent administrator, Anfi and their shareholders were duly informed.
Now we have a surprising little twist in the tale, the date for the hearing was set for 11 March 2020.
On 10 March, just one day before the hearing to appoint the administrator, Anfi suddenly and voluntarily paid into the court 68,604€!
In order to show how complex this situation is, since the first sentence at the Court of First Instance, CLA has filed 176 documents with the court in their bid to secure the funds for the client.
This is a long and laborious process, it is very distressing to the clients and it does not help matters that there are certain people on various forums who continue to state that CLA never pays their clients. It is not a matter of CLA not paying, it is a matter of absolute fact that Anfi is making the procedure so long and difficult for one simple reason:
THEY DON’T WANT TO PAY!
So it is congratulations to the client on now receiving their money and also being timeshare free, also a very big congratulations to the legal team at CLA for their dogged pursuit of justice for their clients. In this particular case, we must not forget the hard work and dedication of the Head lawyer Eva Gutierrez who prepared and represented the client in court along with
Christine Ihmann, the German/Spanish lawyer and Claims Consultant Evi Richter who helped the client during the long and trying process.
Link to view the documents.
If you would like further information on what your legal rights are and if you have a valid and viable case against Anfi or any other timeshare purchased in Spain after 5 January 1999, then please use our contact page and Inside Timeshare will get back to you.