ANFI - Cancellation due to mis-representation and false sales pitches!

Started by Kimm10, May 09, 2011, 15:33:28

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Kimm10

Hi,

Have been searching 'Anfi Con' 'Court cases against Anfi' etc for the past month or so and it keeps bringing me to timesharetalk and have been browsing through all the posts with numerous cases against Anfi.

We (my partner and I) took out a 10yr agreement with Anfi on 4th Jan 2011, they took a deposit from us there and then that day and moved us in for the rest of our stay (7days). After being given a very determined, long (~6hrs out of our day) and i must say persuasive sales pitch we agreed it would be a good idea (+ they explicitly told us this was not a timeshare!?) after a bottle of champagne we were then taken in to sign the contract!!! none-the-less we had a great rest of the holiday in Anfi.

A month later, I called the vacation club (Sarah Bibby) to book a holiday for a friend which would have been for a few weeks later - there, I was told numerous (I would say nearly all) statements different to the one on one sales pitch in January. This caused concern and then absolute certainty to cancel; the Anfi sales pitch was extremely misleading and miss-sold on numerous accounts with conflicting statements after purchase.

On 10th March we sent letters via recorded delivery to the Legal department (Emilio Rodriguez), Collections department (Santiago Roque) & Customer Services Manager (Maria Hidalgo) stating we wanted to cancel our 1 bed apartment in the Anfi Beach Club, mis-representation of sale, deposit taken before 10 day cooling period etc. There has been a few email responses from Wayne Jowett but no response from the legal department. We also have yet to receive the RCI book which they promised at the end of March (3 months after contract signature)

We took out a deferred payment option with Anfi (which is with a UK Bank) which we stopped paying in March. We have not received any formal letter in regards to the payment plan as of yet with the cancellation of payments. The latest email from Wayne Jowett states that there is no cancellation clause within our contract and if payment is not received this will result in legal action to recover the debt. From here we are now unsure on how to pursue thus posting on here for HELP!

To be absolutely honest with this - I am not so fussed in recovering my deposit nor any payment I have made so far. I would just prefer to have the contract cancelled and resolved as per the contradictory clause "Ninth. - Termination of the Agreement in Case of Non-Payment...Failure by the user to make any payment due to Anfi Sales on the date due for such payment will constitute a serious breach of contract, entitling Anfi Sales to cancel this Deferred Payment Agreement and the Lease Agreement, deny access to the suite and keep all sums paid up to that time as compensation. In this case any monies previously paid by the user hereunder may be forfeited."

ANY HELP will be so much apprecited.
Many thanks
Kim


JohnB57

Quote from: Kimm10 on May 09, 2011, 15:33:28
"Ninth. - Termination of the Agreement in Case of Non-Payment...Failure by the user to make any payment due to Anfi Sales on the date due for such payment will constitute a serious breach of contract, entitling Anfi Sales to cancel this Deferred Payment Agreement and the Lease Agreement, deny access to the suite and keep all sums paid up to that time as compensation. In this case any monies previously paid by the user hereunder may be forfeited."


That would seem to me to specify and limit the risk you take in not paying and to ramp up that risk through legal action would not be contractual. But I'm not a lawyer. I think you should take the risk though. We own at Anfi and together with others in a similar position to us, we have a dispute with them to add to all the others out there. I suspect yours would just go away as they really don't have a leg to stand on and their resources are limited. Good luck.
Timeshare ownership. The natural antidote to diazepam...

Cotswolder

Quote from: Kimm10 on May 09, 2011, 15:33:28
To be absolutely honest with this - I am not so fussed in recovering my deposit nor any payment I have made so far. I would just prefer to have the contract cancelled and resolved as per the contradictory clause "Ninth. - Termination of the Agreement in Case of Non-Payment...Failure by the user to make any payment due to Anfi Sales on the date due for such payment will constitute a serious breach of contract, entitling Anfi Sales to cancel this Deferred Payment Agreement and the Lease Agreement, deny access to the suite and keep all sums paid up to that time as compensation. In this case any monies previously paid by the user hereunder may be forfeited."


I took this question to the legal department at Anfi late last year on behalf of another owner.
I was informed that the clause states that Anfi Sales are 'entitled' to to Cancel the Deferred Payment Agreement but that they do not have too if they don't want to.

I have not heard of any cases where Anfi have taken people to court but most of the cases where people have trie to take Anfi to court have failed in the Spanish Courts

My thoughts are my own. Please do not use them without my permission.

Regards,
Cotswolder

p2v

Hi this question is for 'Cotswolder' who seems very informative with ANFI issues. We took bought a week and financed via Anfi's own financial services as the interest rates were reasonable. However, we tried to cancel the contract, didnt pay any monies. Few weeks later Wayne Jowett wrote to us stating that it is not up to customers if they want to cancel but its upto ANFI legal dept if they want to accept cancellation? Strange i thought.
I did not hear from anyone until alomst two year later when i received a letter demanding full payment, or face legal action. I wrote again to Wayne Jowett stating that we were mis-sold and at the time we did ask if we could cancel to which we were told, yes, 30 days notice would to it or we could sell our week. it was on this basis that we paid the deposit on the day.. Wayne has since written back to say that they have been very successful with court action in the UK and papers are waiting to be filed against me. I am in no situation to pay. Do you know if any of the members have infact been taken to court here in the UK and what if any the outcome was? I have until the 5th of Sept so any help would be greatly appreciated.

Cotswolder

Quote from: p2v on August 28, 2011, 12:48:48
Hi this question is for 'Cotswolder' who seems very informative with ANFI issues. We took bought a week and financed via Anfi's own financial services as the interest rates were reasonable. However, we tried to cancel the contract, didnt pay any monies. Few weeks later Wayne Jowett wrote to us stating that it is not up to customers if they want to cancel but its upto ANFI legal dept if they want to accept cancellation? Strange i thought.
I did not hear from anyone until alomst two year later when i received a letter demanding full payment, or face legal action. I wrote again to Wayne Jowett stating that we were mis-sold and at the time we did ask if we could cancel to which we were told, yes, 30 days notice would to it or we could sell our week. it was on this basis that we paid the deposit on the day.. Wayne has since written back to say that they have been very successful with court action in the UK and papers are waiting to be filed against me. I am in no situation to pay. Do you know if any of the members have infact been taken to court here in the UK and what if any the outcome was? I have until the 5th of Sept so any help would be greatly appreciated.


Have sent PM
My thoughts are my own. Please do not use them without my permission.

Regards,
Cotswolder

annie1610

Hi, 
I would be interested to know how it went for you as even having told Anfi we can no longer afford the payments they are inistent that we find the money somehow.  Having checked our contract it does advise that if we do not pay they will restrict access to the "suite" and cancel the contract whilst keeping monies already paid.   My main concern is that they try to take us to court as not only can we not afford the payments due to a change in circumstances we could certainly not afford the court fees.
Any information that you would be prepared to share would be greatly appreciated.
Thanks

Cotswolder

Annie,
As far as I know Anfi have never taken anyone to court. It all tends to be threats with the hope that people will pay.

As you say, if you default they will keep what you have paid and cancel the contract so they will have the week back.

Try to stick is out
My thoughts are my own. Please do not use them without my permission.

Regards,
Cotswolder

annie1610

Many thanks for your reply, we are understandably concerned that Anfi would go down the court action route.   I understand from previous comments that they are not obliged to terminate the contract if we default so I am hoping that my husband and I do not prove to be the exception to the rule and that Anfi take the week with a view to re-selling as they appeared to be quite desperate to get us to "upgrade" us in February.

Thanks again for your helpful advice.

annie1610

This is for Cotswolder who has been very kind and given me some advice previously about cancelling with Anfi - or anyone else who is in the same position with Anfi who could help.   
My husband has spoken to Anfi today advising them again of our situation and that we are no longer able to pay, whoever he spoke to in the collections department has advised him that if we default they will send the debt to a UK debt collection agency and then said it would be taken to court.   We are very concerned now as we are unable to pay but in the same token cannot afford to be taken to court over this we really need to know if Anfi have followed through with these threats and how we can deal with it.

Any advice would be appreciated.
Thanks

Cotswolder

Hi Annie,
As I have said before. I have not heard of any cases going to court in the UK and no one on this forum has reported a court case.
I, too, would like to hear if any people have been taken to court so we can advise others an any process that takes place.

Stick with it and do not pay
My thoughts are my own. Please do not use them without my permission.

Regards,
Cotswolder

annie1610

Hi Cotswolder thank you for the update, are you aware of Anfi selling the debt on to a UK collection agency who would in turn go down the court route or is it purely because we are a UK client that they go to someone to try and obtain the monies (our finance is direct with Anfi not a third party)?

Cotswolder

I have heard, and I think there is reference in this forum somewhere, that people have received letters from a debt collecting agency but I have not heard of any action being taken.

After all, there is a clause in your contract that states Anfi can terminate if you fail to keep up payments and, as far as I know, this is the route they finally go down. Most of the time they just try to threaten
My thoughts are my own. Please do not use them without my permission.

Regards,
Cotswolder

GraveZombie

Hi all,
Just to let you all know, Anfi do take you to court.  We wrote to Anfi in Dec '09 to state that we could no longer keep up with the payments stating the ninth clause.  As far as we know the letter was ignored and the case was passed on to the collection agent in the UK due to us not making payments.  It wasn't until Oct '10 that we got the court letter with Anfi wanting payment in full.  We filled out the form stating the ninth clause, the miss-selling and the lies told to us by Anfi.  In Dec '10 we had a letter from the courts asking if we wanted to make a counter-claim, to this we replied no and that we just wanted them to follow the contract.  In Feb '11 we got a letter back saying our letter was received.  (It's funny how we get 14 days to reply to a letter but the court's can take 4-8 months !)  As we hadn't heard anything for a while, we thought the nightmare was over until today (08/10/11), when we received a Notice of Defence from the court.  So far it's all been a farce with the courts sending out the wrong forms and taking so long to do paperwork.  The latest letter has the defence forms missing, meaning we will have to write to them again to point out their mistakes.  I'll try to keep you updated, but yes, Anfi do take people to court.

Norm de Plume

It's not too late to counterclaim.  You should do so - it might frighten Anfi into abandoning their action.
Is there anything in the contract about the appropriate jurisdiction?
If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name. (www.prostatecanceruk.org)

arkwright

This is from the Q&A's from the members area at anfi.com:

Q. If I pay my maintenance fees after 31st January of the current year, what will happen?

A. The maintenance fees are fundamental for the efficient operation of the Club, and if fees are not paid on time a late payment penalty of 1.5% per month overdue will be charged on the following year's invoice. Please contact our Collections department should you require any assistance or clarification. You are reminded that your membership will be cancelled, after a formal written notification, if maintenance fees are not paid for 2 consecutive years.


brain research tells us that only twenty percent of human beings have a sense of irony, which means that eighty percent of the world takes everything at face value.

martyboy02

Quote from: GraveZombie on October 08, 2011, 19:02:09
Hi all,
Just to let you all know, Anfi do take you to court.  We wrote to Anfi in Dec '09 to state that we could no longer keep up with the payments stating the ninth clause.  As far as we know the letter was ignored and the case was passed on to the collection agent in the UK due to us not making payments.  It wasn't until Oct '10 that we got the court letter with Anfi wanting payment in full.  We filled out the form stating the ninth clause, the miss-selling and the lies told to us by Anfi.  In Dec '10 we had a letter from the courts asking if we wanted to make a counter-claim, to this we replied no and that we just wanted them to follow the contract.  In Feb '11 we got a letter back saying our letter was received.  (It's funny how we get 14 days to reply to a letter but the court's can take 4-8 months !)  As we hadn't heard anything for a while, we thought the nightmare was over until today (08/10/11), when we received a Notice of Defence from the court.  So far it's all been a farce with the courts sending out the wrong forms and taking so long to do paperwork.  The latest letter has the defence forms missing, meaning we will have to write to them again to point out their mistakes.  I'll try to keep you updated, but yes, Anfi do take people to court.



Either this previous post is utter twaddle or Grave Zombie is confused. There are few things wrong with the post. The courts wouldn't ask if you wished to lodge a conter claim. if and when a court is obliged to respond in written form there is a time limit (Required by law) which is alot less the time stated above.

I am sorry but there is something very fishy about the post,
Survivor Of Anfi scammers, willing to help others

Timeflyz

Quote from: Kimm10 on May 09, 2011, 15:33:28
Hi,

Have been searching 'Anfi Con' 'Court cases against Anfi' etc for the past month or so and it keeps bringing me to timesharetalk and have been browsing through all the posts with numerous cases against Anfi.

On 10th March we sent letters via recorded delivery to the Legal department (Emilio Rodriguez), Collections department (Santiago Roque) & Customer Services Manager (Maria Hidalgo) stating we wanted to cancel our 1 bed apartment in the Anfi Beach Club, mis-representation of sale, deposit taken before 10 day cooling period etc. There has been a few email responses from Wayne Jowett but no response from the legal department. We also have yet to receive the RCI book which they promised at the end of March (3 months after contract signature)


ANY HELP will be so much apprecited.
Many thanks
Kim


Hi,

Im very confused.

I thought it was a 14 day cooling off period ? The reason I am asking is, I am still in my 14 day cooling off period after making a purchase. Please would someone be so kind and explain this ???

Many Thanks

Liam  :o

Cotswolder

Liam,
Under the new Timeshare Act 2011 the 'cooling off' period should be 14 days
My thoughts are my own. Please do not use them without my permission.

Regards,
Cotswolder

Calvin

Quote from: Timeflyz on October 21, 2011, 10:33:32
I'm very confused.
I thought it was a 14 day cooling off period ? The reason I am asking is, I am still in my 14 day cooling off period after making a purchase. Please would someone be so kind and explain this ???
Many Thanks
Liam  :o

If I were you I would CANCEL now.
Read the thread here about "Anfi Killing the dream"

For more information on the European Timeshare Act 2011 go to www.rdo.org and click the legislation tab

martyboy02

Could not agree more with Calvin, GET OUT NOW.

if you read other posts about Anfi you will see that it will end up costing more than you could imagine.
Survivor Of Anfi scammers, willing to help others

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