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Another Eight timeshare contracts valued at £132,534 declared illegal

Sep 26, 2022 | Anfi Group, CLC World, Diamond Resorts, Latest Victories, Silverpoint, Tasolan, Timeshare Resorts

We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured eight positive awards with a total value of £132,534.

Here is a breakdown of the substantive results:

1st Court of Instance:

  • CLC World x 2 – In Arona, Tenerife, court No. 3, the judge on both cases declared the contracts null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amounts Awarded – £13,727, £15,525.
  • SilverpointIn Arona Tenerife, court No.5, the judge confirmed the case in M1 Legal’s favour because the contract did not disclose the minimum accommodation information required and the contract duration (law 04/2012). Amount Awarded – £18,620.

 Appeals:

  • Anfi Sales & Anfi Resorts – In Court of Appeal No.3 Las Palmas, Gran Canaria, it was confirmed that the judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation (Law 42/1998). We also won court costs.  Amount Awarded –  £15,989.
  • Anfi Resorts – In the first instance hearing, the judge considered due to non payment of maintenance fees the contract was cancelled and the decision went in Anfi’s favour. However, following an appeal from m1 Legal, the decision was revoked and the contract was declared null and void due to lack of information regarding the accommodation. Amount Awarded – £25,028
  • Anfi Sales – In Court of Appeal No.5 Las Palmas, Gran Canaria, it was confirmed that the judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation (Law 42/1998).  We also won court costs.  Amount Awarded –  £11,694.
  • Diamond ResortsIn the Court of Appeal No.4 in Malaga, Costa Del Sol, it was confirmed that this judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation and contract duration – Amount Awarded – £18,829.
  • Tasolan – In the Court of Appeal No.3 in Las Palmas, Gran Canaira, it was confirmed that this judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation. – Amount Awarded – £13,120.

Jurisdiction:

2 cases valued at £23,977

In both cases against Diamond Resorts, the judge declined the argument submitted which ends the jurisdiction issue and can be processed under Spanish law.  Both cases will now proceed to the next step.

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