Just within the month of March, 2016, Canarian Legal Alliance reported 5 very fruitful cases they had won, 4 against Anfi Sales SL and 1 against Regency Resorts.
The latest case concerns an Anfi owner with yet another in perpetuity contract. The Court Number 1 of San Bartolomé de Tirajana, Las Palmas cited the recent Supreme Court Judgements and declared this client’s contract null and void, 2 others had previously cited the same judgement due to the extremely similar circumstances and contracts the timeshare owners had found themselves in. The Court used the fact that these judgements are now Jurisprudence, meaning they are now enshrined in law making judgments. The Court awarded 18.715€ to this particular, now, ex-owner plus legal costs and interest.
Another case heard in the month of March against Anfi reconfirmed their earlier rulings, that any payments during the reflection period (cooling off period) is illegal, even if it was not taken directly by the resort but by a third party, like a trustee. This practice is commonly used to avoid the law, which was originally designed to protect the consumers. The judge in this particular case went one step further and ordered Anfi to pay back the deposit in double as per article 11.2 of the 42/1998 law.
The 4 losses for Anfi totalled 125.915€ in compensation for these clients, plus the interests and legal expenses.
In one of CLA’s announcements regarding these cases, they mentioned that as these rulings are so readily being passed that Anfi’s appeal of the original case is virtually guaranteed to fail.
Regency Resorts also found themselves on the losing end, in the court of Arona, Tenerife in March, as their contracts were declared null and void and they were ordered to refund over 54.000€ plus interest!
These losses are just the reports from one company, within one month. The bigger blow is that Anfi Sales SL and Regency Resorts are both members of the Resort Development Organisation (RDO).
Posted on: April 4, 2016
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01253 804 318 or email: info@TimeshareConsumerAssociation.org.uk