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Anfi Lose Another Appeal at the High Court of Las Palmas

Anfi Del Mar

Once again Anfi Sales SL and Anfi Resorts SL employed their delaying tactics after losing in the Court of First Instance, by appealing to the High Court of Las Palmas.

The subject of the appeal was the duration of the contract, our German clients’ contract was indefinite, commonly known as a perpetuity, when the law 42/98 was adopted the maximum period was limited to 50 years.

Anfi argued that when the law came into force in January 1999, they had in place a “deed of Adaptation”, which they claimed allowed for the sale of “indefinite” contracts. The “Deed of Adaptation” was only intended to be used for contracts sold before the law enforced the maximum duration set in the new legislation.

The Judges hearing the appeal had no other choice but to find against Anfi as did the Court of First Instance, following the numerous rulings from the Supreme Court. Therefore the Judges ruled that the sentence of the Court of First Instance was correct and confirmed the sentence.

This sentence was the declaring of the contract as null and void with the return of 152,345.38€ for the length illegal length of the contract and the fact that it contained Floating weeks which have also been declared illegal by the Supreme Court.

Plus 26,743.30€ for the illegal taking of deposits on the day of purchase or within the statutory 14 days cooling-off period. Giving a grand total of 179,088.68€ to which appeal cost must be added.

The legal team from CLA who represented our client was made up of Eva Maria Gutierrez Espinosa (Abogada) and Francisco Cornelio Montesdeoca Quesada (Procurador). The judge hearing the appeal were:

PRESIDENTE: Don Víctor Caba Villarejo

MAGISTRADOS Don Carlos García Van Isschot

Don Miguel Palomino Cerro

Anfi did attempt to lodge an appeal to this appeal but that was rejected.

It is congratulations to our German client and also thank you for placing your trust and confidence in CLA. The whole legal team also deserves congratulations for all their efforts and hard work during this case.

Do you want to know more, would you like to know if you have a valid and viable claim?

If so please contact CLA by using our contact page and we will get back to you.

June 16, 2020

1 comment

Congratulations to Eva and the CLA team for more Anfi client successes. We are awaiting news regarding our Silverpoint Participations claim and thought we would let you know that in the last two weeks, have received calls from a firm calling themselves, Timeshare Support Team Services.
They ask if we have received all the latest news regarding the Silverpoint situation and go on to say, that a declaration made by Spanish Courts, regarding numerous illegalities in clients contracts. This now means that anyone who had purchased a Silverpoint product, eg Palm Beach Paricipations, should be reinbuirsed to ensuring the are at the very least , in the same financial position, they were in prior to any involvement with Silverpoint. They then ask if we have all our original documents as they have legal teams, who would be able to check if we have a right to claim. They have contacted us three times and I just tell them we have Lawyers already dealing with our claim. I wondered who these people are as they all have English accents.

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