New judgment of the Court of Appeal in Las Palmas against ANFI

Started by jcorrea-lawyer, March 11, 2013, 13:44:15

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jcorrea-lawyer

The judgment has date of 21st february 2013 and was notified to my colleague, Miguel Rodríguez with whom I have collaborated during the last three years on Timeshare cases, on the 8th of March.

It basically says the same as in previous judgements of 28 september and 19 october 2012, where the Court of Appeal considered null and void the contracts, based on numerous breaches of the Law 42/98 such as selling weeks in perpetuity. It considered the contract totally and absolutely null, not subject to prescription. There were two contracts involved in this proceeding, one of 7 dicember 2000 and other of 28 de marzo 2001. Now Anfi will have to return the money to the clients around 18.600,00 pounds plus the solicitors fees.

Another very interesting legal issue is that this judgment, again, clearly states that is ilegal to receive any anticipated money, not only during the 10 days' cooling off period, but during the three months referred to by article 11 of Law 42/98. This money cannot, under any circumstances, be received by means of a Trustee. This was what Anfi used to do using "Continental Trustees Limited" until the new Spanish Timeshare Law came into effect last March 2012, and the ban was already undisputable.

If you wish more information you can visit my site timesharelawyer.es or send me a PM
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

jcorrea-lawyer

Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

charlie1

TCA has some mention of this on their website.

I have read the report on Jcorrea website regarding article 11 of Law 42/98. I am sure that some timeshare owners were miss sold on this basis and its worth a follow up read for all those who own bought timeshare in Spain during the time frames detailed.

Jcorrea you may have some interested clients on this forum. Do you charge fees up front?

What are the terms and conditions of engaging your company for advice?

Quote from: jcorrea-lawyer on March 11, 2013, 13:44:15
The judgment has date of 21st february 2013 and was notified to my colleague, Miguel Rodríguez with whom I have collaborated during the last three years on Timeshare cases, on the 8th of March.

It basically says the same as in previous judgements of 28 september and 19 october 2012, where the Court of Appeal considered null and void the contracts, based on numerous breaches of the Law 42/98 such as selling weeks in perpetuity. It considered the contract totally and absolutely null, not subject to prescription. There were two contracts involved in this proceeding, one of 7 dicember 2000 and other of 28 de marzo 2001. Now Anfi will have to return the money to the clients around 18.600,00 pounds plus the solicitors fees.

Another very interesting legal issue is that this judgment, again, clearly states that is ilegal to receive any anticipated money, not only during the 10 days' cooling off period, but during the three months referred to by article 11 of Law 42/98. This money cannot, under any circumstances, be received by means of a Trustee. This was what Anfi used to do using "Continental Trustees Limited" until the new Spanish Timeshare Law came into effect last March 2012, and the ban was already undisputable.

If you wish more information you can visit my site timesharelawyer.es or send me a PM

Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

jcorrea-lawyer

Dear Charlie1,

Thank you for your interest. I am well aware of all the problems that the marketing and sale of timeshare have brought to the owners, specially, the misselling techniques, monies paid in advance and then also the cold callers trying to "help" to get rid of the weeks and yet again misleading them to new fake contracts. I try to give accurate and honest legal advice and what I can offer is free advice on the viability of the case. So if the forum member sends me a scanned copy of his/her contract I can tell him/her if there is any chance in winning the case and why. Then the fees to litigate will vary from client to client and will be negotiated with each one.

I hope this answer your initial queries, anyway, if any forum member wishes to have more information can send me a PM or use this same thread.

Regards

Javier Correa
timesharelawyer.es
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

lawnmower60

Is your colleague Miguel Rodriguez  who works for  Canarian Legal Alliance that works with Reclaim GC and all of its companies
http://canarianlegalalliance.com/index.php
And  your site does not seem to have any contact address on it
http://www.correaguimera.com/pages/timeshare-lawyer
Brian

charlie1

Hi Jcorrea Is the same Miguel Rodriguez as mentioned in mindtimeshare we would welcome your comments just to clear this up. You did not answer my question before. Do you charge fees up front?

http://mindtimeshare.me/2013/02/15/canarian-legal-alliance-a-legal-company-with-interesting-connections/

Quote from: lawnmower60 on March 11, 2013, 21:36:02
Is your colleague Miguel Rodriguez  who works for  Canarian Legal Alliance that works with Reclaim GC and all of its companies
http://canarianlegalalliance.com/index.php
And  your site does not seem to have any contact address on it
http://www.correaguimera.com/pages/timeshare-lawyer
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

jcorrea-lawyer

Dear Mr. Lawnmower,

Your information is just partly correct. Indeed Miguel Rodríguez has defended many unsatisfied clients before the courts in timeshare cases. This is what lawyers use to do. Most of these clients, but not all, were brought to him by a company, which if I am not wrong had a different name, not Canary Legal Alliance nor Reclaimgc. Whether they are connected or not, I don't know, what he has been doing, and where I have helped him, is to protect the rights and interests of dozens of clients-consumers. Now there are many clients that have been able to finish their timeshare contracts and recover their money, as those of the judgment which opened this thread. Is there anything wrong with this?

And regarding my site, you are absolutely incorrect. You have posted a wrong link. The correct link is correaguimera.com/pages/aviso-legal (add www at the beginning, I can't post links). This page includes all the information that the Spanish Law requires regarding internet sites. I don't know if you are trying to insinuate that I could be a fake lawyer or something like that, but I can reassure you and tell that I am not, that I have been in the profession over the last 23 years and hope to be at least another 23.

There are not dark intentions behind our professional performance. If I am in this forum is because, not only want to know more about Timeshare, but to find clients, unsatisfied clients, to defend legitimately their rights before abusive sales of many traders and receive in return my fees. There is nothing behind, just my legal counselling. Anyway, I don't call anybody, if you, or any member, are interested may contact me at your best convenience.

Javier Correa Guimerá
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

jcorrea-lawyer

Dear Charlie1,

I don't quite understand why if you have professional relationship with somebody, you automatically become that person yourself. As far as I know (I am not Miguel Rodríguez) a third company, whose name could be any, has brought before him legitimate cases of unsatisfied clients. The professional relationship is based between my colleague and the client. He is not representing the interests of this third company, but the clients. He is an honest lawyer that have defended hundreds of cases before the spanish courts, before any company brought him clients, and will keep doing it afterwards.

With regards to my upfront fees, what I don't do is charge for nothing. As I said I offer  the initial examination of your case for free. After that, anything is subject to negotiation with the client. In Spain lawyers don't use to work on a "no win, no fees" basis, this is more an anglo-saxon tradition, but even in this case we can study each case. As I said, what I don't do is charge for nothing, and always the first payment would be once the demand is finished and ready to be filed at Court and a copy of it has been sent to the client (I`m sorry but it would be in Spanish).

Javier Correa
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

charlie1

Thank you Javier
I assume that it's just an extra cost to get this translated into English.
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

jcorrea-lawyer

Yes, it is an extra cost. From my experience  a demand of this kind can be easily around 30 pages long and not less than 20.000 words. If a translation is calculated based on x pence per word, make your own calculation but I doubt it will be less than 700/1000 pounds...
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

jcorrea-lawyer

Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

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