Anfi warns of Historic charges
A recent letter sent to Anfi members from the Anfi CEO,
states its intention to pursue it’s exited members for
charges relating to past holidays.
According to the letter sent out to Anfi members, it has been said that The Supreme Court has accepted the fact that Anfi should be paid by their members for taking them to Court. The Supreme Court have said that Anfi Resorts offer high quality accommodation and facilities as well as the resorts being in excellent locations, and all of this summons a higher charge than the court apparently estimated. Any contracts that have been previously declared null and void will be in a position to have to pay Anfi more money, for their past holiday experiences.
Apparently Anfi charged low costs for accommodation because of their timeshare concept which provides holidays for long periods of time. This is one of the main reasons that Anfi has been accepted by the courts, to determine a fair price, for any weeks that have been used at the resorts for members that have had their contracts nullified during court sessions.
When a client has not been exited correctly by an effective company, contracts they believe to be terminated can still leave them liable for areas such as; outstanding maintenance.
Anfi went on to apologise to the members who are being affected by these actions, the members who are still happy to use their timeshare and how this is effecting their entire community.
What Anfi have failed to mention here is that The Supreme Court look at other facts too such as:
- Money that was paid before it should have been (either on the day or before the 14 day cooling off period)
- The many people who have never used their timeshare because of poor availability
- The many members who’s contracts where changed from fixed to floating weeks
- The thousands of people who signed, now deemed illegal, perpetuity contracts
Dear Anfi Member
We would like to warn you about the sales activities of some law firms. Several Anfi members have contacted us and asked for help after being approached by these firms without any form of consent:
Our members are asking or telling us:
·That they want our help in getting out of court cases instigated by these law firms.
·They are asking why they have received unsolicited approaches at home, or in their Anfi apartment, to sell legal services. Many wonder how these law firms have found their name and phone number and some have asked for help with reporting these calls to the Spanish Data Protection Offices.
·Some clients have signed documents but have no copies of them. They are worried that they might have lost their membership rights to the law firm.
·Some clients have even been dragged from the street once they mentioned they are Anfi Members. They have been told that they can sue Anfi and get back as much as five times that they initially paid for their weeks, which is an untrue claim.
·And they have been told that their contracts with Anfi are not valid and will not be honoured by Anfi. This is false. Anfi honours all contracts that we have made with our clients.
We are sorry that these law firms have been harassing you, our members. We do not know how or where these firms get hold of your names and phone numbers. If any of them contact you, please get in touch with our Customer Service Department through Tel. (+34) 928 152 990 or email: firstname.lastname@example.org as soon as possible, so that we can offer you our help and adequate information.
In addition to using aggressive sales methods, these law firms are informing our clients’ of incomplete and untrue information.
Please be aware of the following facts:
It is not true that Anfi is losing all the court cases. And it is not true that Anfi has tried to “fool clients”. Anfi has never tried to “fool” anyone. The Spanish Supreme Court has stated that Anfi acted in good faith when selling perpetuity contracts. For many years, perpetuity contracts were standard contracts in timeshare resorts. The reason why one member had her contracts deemed void in the Supreme Court in 2015, was that the judge chose a new interpretation of the law. This new interpretation was a surprise to the whole timeshare industry and to the legal community. Nevertheless, this Supreme Court ruling has created precedence and is today being followed by lower courts. As a result, the courts are nullifying perpetuity contracts, and clients are in some instances being awarded some money back when they terminate their relationship with Anfi in court. And it is simply not true that suing Anfi is “easy money”. Claimants, who have cancelled their perpetuity contracts in court and are due some money back, may be surprised to receive less than they were promised by the lawyers. The reality is that law firms are not telling their clients that legal processes are lengthy and will take time. Nor are they telling them about their future financial liabilities when taking Anfi to court:
·They will have to pay legal fees (which are paid by each party not exclusively by Anfi).
·Commission will need to be paid to the lawyers once a contract has been declared null and void, which can be 30%.
·Claimants will need to attend court hearings and will incur flight and accommodation costs.
·Court costs may increase if the case goes beyond 3 or 4 years.
·And they will need to pay Anfi for the holidays they have spent in the resort over the years.
Therefore, when our customers are approached by these companies with the slogan “you will receive back the amount paid for your timeshare and even more” this can sound very attractive. However, this will not be the case. In addition and very important, if we take into account all costs and expenses that may arise and length of the process and hearings, our customers must also consider other options as resale his week, even if the resale price quoted is lower than the full amount paid when purchasing the contract. It is understandable that members have enjoyed the membership for several years. Anyway, Anfi will also consider personal circumstances.
The Supreme Court has accepted the principal that Anfi should be paid by these members. It is currently considering Anfi’s position that it offers high quality accommodation and facilities in an excellent location that warrants a higher charge than the Court had previously estimated. As soon as this is resolved then Anfi will be in a position to charge Members whose contracts have been declared null and void for their past holidays at Anfi.
Anfi provides superior standard accommodation at a cost which is lower than similar accommodation in Gran Canaria. The lower cost is made possible because the time-share concept provides holidays over a long period of time. This is why Anfi has asked the courts to determine a fair market price for weeks used at Anfi for clients who have had their timeshare contracts nullified in court.
We know that the vast majority of Anfi members are happy with their timeshare in our resort. We are sorry that a limited number of members have taken our resort to court, hurting our entire community.
Please get in touch with our Customer Service Department if you have any questions regarding this issue. We would rather talk to you about the options than you become involved in unnecessary legal processes. Thank you for your attention to this matter.
Jose Luis Trujillo
Anfi members are worried and have been asking the following questions.
Timeshare.lawyer have answered these questions for you with their opinion:
Timeshare.lawyer have helped many people out in the same dilemma.
See below for what we have to say about these kind of timeshare exit companies:
1.Why are we receiving unsolicited visits from law firms at home and at our holiday apartment?
A. First and foremost any visits to your home by a timeshare related salesperson that had not been pre-arranged by yourself is completely illegal. Any visits that you receive at your holiday apartment should solely be from someone who works at the resort, you can check this by asking for ID. Any salesperson who works on site or for the resort should carry ID with them at all times. If you receive a knock at the door by someone who does not work for the resort then you can of course refuse to speak to them and report this to the resort as they will make sure that further action will take place.
2. Can we report these visits to the Spanish data Protection Services?
A. Normally it is sufficient enough to report these actions to your resort and they will then get them stopped.
3. Why don’t I have copies of any documents that I have signed with the company I am exiting with?
A. A professional extrication company should always provide some from of future cover, for piece of mind. The company should be keeping you up to date throughout the process of your exit so you always know how far along you are.
4. Why am I being approached in the streets by people asking me to go to an office so I can get money back for my timeshare?
A. Please be aware that anyone who approaches you in the street and asks or bribes you to an office to deal with your timeshare is illegal. Timeshare resorts were told to move their unregistered touts off the streets in 2011 due to the law in Spain. If any unregistered touts are found on the streets in areas of Spain and the Canary Islands they can be arrested and placed in custody for a few days.
5. Why have I been told that my contract with Anfi is not valid and will not be honoured by Anfi?
A. If you have been told that your Anfi contracts are not valid and that Anfi will not honour them, this is not true. There are certain circumstances when the resort will and will not honour a timeshare contract and this will normally depend how far through an exit process you are.
Regarding the estimated time quoted to finalise my extrication, Timeshare.lawyer has met my expectations. My experience has been an easy process and I am very happy with the outcome. I feel relieved to have finally achieved my exit and I wish I had done this sooner. The Legal Support Advisor I spoke with at Timeshare.lawyer was very knowledgeable. The level of service they have given me has been great and I would possibly recommend their services to other timeshare owners. At this present time I cannot think of anything that you can do to improve your services.Mr & Mrs Lewis
The legal support advisors were very good and informative. Everyone answered all our questions, and we always received a reply.
Ginny was very good with me, she always listened and never rushed me.
The timescale taken met my expectations. I would recommend Timeshare.lawyer to other timeshare ownersMr & Mrs Acres
We saw an advert in the Telegraph, and when we contacted Timeshare.lawyer we had only one objective, to be rid of our timeshare. Ian was extremely nice and lovely. When we purchased, we were never pressured into buying, we were never approached in the street or mis sold, but now we just want to be relieved from the burden.
We were told that the timescale would be 15 weeks, and that’s what it took. Everyone that we have spoken to has been great, and very patient.Mr & Mrs Burke