If you are an owner at one of the Anfi resorts you cannot have failed to notice that both the internet and press have been awash with critical articles relating to mis selling, illegal contracts and court cases that have embroiled Anfi. We reported the facts on this site back in 2017, see:
As a result of both our comments and those of associated interested parties, Anfi Sales SL has been inundated with legal challenges relating to their sales contracts. The reason for this upsurge in claims is because Spanish Timeshare law didn’t come into effect until January 1999 and it wasn’t until January 2015 that the timeshare law was properly interpreted by the Spanish Supreme Court with regards to perpetuity.
In the past, lawyers would have to test their cases in local and provincial courts, then take it to the Spanish Supreme Court. Once the Supreme Court rules, the decision is final.
The Supreme Court determined that the main timeshare contracts that were deemed illegal included:
- Floating weeks.
- Perpetual contracts (all timeshare contracts have to last between three and 50 years).
- Payments and deposits signed within two weeks of signing (this is extended to a three month period if there are any other illegal points in the contract that need to be reviewed).
Not only did the Supreme Court ratify the change in legislation, they made it retrospective by enforcing the illegality of timeshare contracts with effect from 5th January 1999.
It’s worth noting that any Spanish timeshare contract signed after the 5th of January, 1999, that contains floating weeks or an incoherent time period, is now deemed illegal. Moreover, if the court rules that the contract is void, then all the money paid must be returned to the timeshare owner.
The Flood Gates
Needless to say the effect of this monumental law change has left resorts such as Anfi with literally hundreds of claims though the courts on behalf of owners with what are now illegal contracts. Given the Supreme Court ruling, Anfi have no place to hide but unfortunately they still refuse to acknowledge their wrong doing. As such owners with rulings against Anfi are not being paid the recompense that the court has already ruled in their favour. As with any recognised legal system, Anfi have the right to appeal and appeal they have! Under Spanish law these appeals can take up to a year, sometimes more. We are certain these are delaying tactics but as they say “The law is the law”
What Now?
All cases presented are heard by what is known as the Court of First Instance (Juzgados de Primera Instancia). As far as we understand, every Anfi case that has been heard by this court has been upheld in line with the Supreme Court ruling but as stated above has been appealed.
One specialist law firm based in southern Spain, M1 Legal, has decided enough is enough. Having a vast number of clients with unpaid judgements they are preparing a Class Action to be presented to the Criminal Court (Juzgado de lo Penal). This court deals with criminal offences such as insolvency offence, credit payments frustration, etc.
Proof that this action really works comes from another specialist law firm, Canarian Legal Alliance SL (CLA) who only recently won a case in both the First Instance Courts & the High Court of Las Palmas, their clients Anfi contract was ruled to be null and void and a total of 68,482€ was ordered to be refunded.
Once the sentence became firm, their legal team immediately began enforcement procedures, resulting in the total amount being secured and sent directly to our clients’ accounts.
See payment confirmation.
One of the fears surrounding Anfi is that, like Silverpoint, they will declare bankruptcy.
Bearing in mind the claims so far have all been against Anfi Sales SL, it would cause little hardship to dispose of this entity as there are many other companies within the group to carry on the sales, such as: Anfi Del Mar SL, Anfi Real Estate SL, Anfi Tauro SL and Anfi Vacation Club SL, and behind these companies are also a network of other related companies.
A Class Action through the Criminal Court could involve demands to view accounts for a back period of time to ensure that no “creative accounting” has taken place and can not only impose embargos on the resort but also its Directors. It is fair to say that this action will give the Tiger its teeth. Whilst this will involve modest additional legal costs, to use a western movie parlance, it should head Anfi off at the pass!
If you find yourself in this “catch 22” position we would like to hear from you.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk