Welcome to the beginning of another week with Inside Timeshare, for those of you who were looking for our usual Start the Week, our apologies as due to circumstances beyond our control we were unable to publish on Monday. Today we bring you some more information on the Anfi attempt to make members sign the new contracts, a subject that has caused great concern and many enquiries to Inside Timeshare. We also bring the latest news from the courts which highlight Anfi and Airtours.
We begin today with the enquiries on the new Anfi contracts, a subject that has been highlighted over quite a period of time.
Back in June 2017, Anfi held a Special Meeting in which they put forward three options for a change in the contracts, this change was to bring all their illegal contracts within the law. This in itself is not a bad thing until you see the take up was not very good and they have since reverted to using some very underhand techniques to “force” members into signing.
In the past, the story was that they wanted to update their “database”, as members may wish to remove or add someone to or make revisions in the membership certificate. But to do this the new contract needs to be signed. A date of 31 January was set as the final date to complete this. Obviously since then, not many have done so and they reverted to other tactics. (See links below to previous articles).
This began when the current situation developed and travel was severely restricted with members unable to use their weeks. Many questions were asked if they would lose those weeks or carry them forward to 2021, which is what you would have expected.
Well, yes you could save those weeks and receive an “accommodation voucher” to be used in the future, but only if you signed the new contract.
In other words, sign it or lose the week you have already paid for in your maintenance fees!
So what is the reason behind this, it is very simple, Anfi is losing every single case in all the courts for illegal contracts which breach the timeshare laws. Now, remember, these laws came into force on 5 January 1999, yet Anfi along with other timeshare companies believed the new laws did not apply to them and they all continued to sell the same contracts as before.
By forcing members to sign the new contracts in this way, Anfi is attempting to stem the tide of some very disgruntled members from seeking legal redress, having their contracts declared null and void plus the return of the full purchase price plus double any illegal deposit taken within the statutory cooling-off period.
By signing the new contract you are signing away your rights to take any legal action, so it is nothing short of blackmail.
The other point that has been raised by our readers is even if you do sign the new contract, how is Anfi going to accommodate all those members, after all, they do appear to have more members than actual weeks available. We also have to ask what about this year, after all, there does not seem to be any let-up in the travel restrictions, with many members who will be unable to use last years or even this year’s weeks?
We leave you the reader to make up your own mind on those questions.
Now for some court news.
On Friday 8 January, Canarian Legal Alliance announced the “payment” Anfi has finally made to one of their German clients.
The case was originally won at the Court of First Instance with the contract being declared null and void with the client being awarded 9,520€ in respect of their purchase price plus a further 14,000€ for illegally taken deposits.
As we have come to expect, Anfi lodged an appeal with the High Court, once again this court rejected and dismissed the appeal and sent the case back to the original court for execution of sentence.
The client has now received 23,520€ into their own account and the case is now closed.
In a case against Airtours, another German client of CLA is now celebrating with 43,620€ plus legal interest and legal costs having now been paid into their own personal account.
The case was heard at the Court of First Instance of Las Palmas in May 2020, with the court declaring the contract null and void plus all the return of all money.
Unlike Anfi and many other companies, Airtours have paid out voluntarily without the need for lengthy proceedings to ensure compliance. So all credit to Airtours for their accepting the court’s decision and complying with the sentence.
This decision by Airtours has also saved a great deal of money in legal fees for appeals as well as not causing stress and anguish for the client. Maybe, all the other companies including Anfi should take a leaf out of their book!
Tomorrow we will bring you more news from the Azure Malta Action and Support Group in their efforts to bring Barclay Partner Finance to accountability. As we know, BPF is the main provider of finance for the timeshare industry, with sales reps brokering the loans to ensure they get the sale. We also know that no proper credit checks have been made and this has left many timeshare purchasers in severe financial difficulty (mainly retired and elderly people) because of all the lies made by the sales reps. More on this subject in tomorrow’s article.
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Links on the Anfi contracts saga