Has anybody out there successfully sued Anfi for selling illegal contracts?

Started by Dunno what to do, February 05, 2016, 19:14:13

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Dunno what to do

Hi,

Would love to hear from anybody who has achieved this
Seems a lot of noise out there and very little in the way of fact / evidence
Thanks


jcorrea-lawyer

I have and hope to get more in the near future. I've got a PreTrial Hearing against them on Monday. I had obtained the reimbursement of the price paid for one client that has been a poster to this forum. Right now prospects are very good. Anfi's strategy now is to counter claim asking the claimant member to pay for the use of the week as it was an Hotel. Very doubtful strategy I must say that may be bring even worse consequences to them...
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nÂș 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

Mavo

Javier Correa-Lawyer is a much respected legal adviser of long standing on these forums who has given good solid advice to many timeshare users over a number of years and we moderators are extremely grateful for his input, clarifications/ interpretations on Spanish Law Court decisions.

Athena Law Solicitors

I suppose the answer is the Claimant in the Anfi case that was successful at the Supreme Court.

I have read the decision and it is real. I am aware that the industry does not accept this decision. I am wondering if the industry could supply us with any decisions from the Spanish Supreme Court which have upheld the legality of timeshares sold in perpetuity or as floating weeks? If so I would invite the industry to post links to the decisions on this forum. My firm would happily pay for translations of any relevant decisions.
Athena Law Solicitors

http://athlaw.co.uk

Dunno what to do

Thanks for replying Stephen,

Apart from the Norwegian test case lady, I was hoping to find people on the forum with direct experience of the process (and winning).
If contracts in perpetuity are illegal, surely there would be plenty of successful claimants by now?
Equally, if contracts in perpetuity / floating time are rendered illegal, is there no onus on the seller of the contracts to declare them as such to the people they were happy to take money from when selling contracts that broke the law?
Cheers

Athena Law Solicitors

In my experience the legal proceedings in Spain can be painfully slow and claims are still being defended which probably explains the lag. I would also imagine that any claims that are being settled would be subject to confidentiality agreements.

For my part, we have spent many months obtaining copies of the decisions, translations, and have had discussions and meetings with more than one Spanish lawyer. I have now engaged Spanish agents to present claims to the Spanish Courts. I will of course update further once decisions have been obtained.
Athena Law Solicitors

http://athlaw.co.uk

pathfinder

Quote from: Stephen Boyd on February 07, 2016, 22:19:36
In my experience the legal proceedings in Spain can be painfully slow and claims are still being defended which probably explains the lag. I would also imagine that any claims that are being settled would be subject to confidentiality agreements.

For my part, we have spent many months obtaining copies of the decisions, translations, and have had discussions and meetings with more than one Spanish lawyer. I have now engaged Spanish agents to present claims to the Spanish Courts. I will of course update further once decisions have been obtained.


So would it be safe to assume that cases are being won but confidentiality agreements mean that we just do not hear about them?

Athena Law Solicitors

That is a possibility, but pure speculation.

Given the amount of para legal and claims management excitement in this area, the following are the possibilities:

1. Despite the well publicised case claims are not being brought. This is extremely unlikely given the amount of claims companies and paralegals appearing. If claims were not being brought then there would be no business for them.

2. Claims are being settled but subject to confidentiality agreements (possible).

3. Claims are working there way through the judicial system in Spain and have yet to get before a Judge (likely).

4. Claims are being lost. If this were happening I would have thought the industry would be publicising such losses (unlikely)

Athena Law Solicitors

http://athlaw.co.uk

Dunno what to do

Stephen,

Just done a very simple web search and there are many successful cases
Many thanks


Athena Law Solicitors


I only obtained copies of the higher court authorities, and translations. I have not obtained copies of every decision that may be coming out of provincial courts.

I note that the most recent victory  is February 2016, but the roll number ends in 2014, suggesting that these claims have been before the courts for 2 years and more than 12 months after the Supreme Court decision. It appears to me therefore that even with the Supreme Court authority cases will take some time.

If I had a substantial claim I would engage a reputable Spanish Lawyer to give me clear advice on the law, procedure and timescales involved.

Athena Law Solicitors

http://athlaw.co.uk

Dunno what to do

Stephen,

I guess the good news is that you do know of successful court cases against Anfi.
Can you tell us how many and on what grounds (i.e. perpetuity / floating / deposit taken) please?
Thanks


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