This is a Court of First Instance judgement. It was issued last year, in June. Now is on appeal by Anfi. This second stage may take another year and a half or even two, depending very much in which Court of Appeals and Room deals with the case.
Read MoreVictory over PUERTO CALMA. Las Palmas Court of Appeal, room 4, judgement nº 149/2018.
On this occasion, Room 4 of the Court of Appeals upheld the sentence issued by Court No. 4 of San Bartolomé that had already declared the contract null and void, in this case condemning Puerto Calma Marketing and Vista Amadores to pay to my clients the sum of 24,439.42 euros.
Read MoreA total win: Tenerife Court of Appeal room 4, Judgement nº 533/2017 against SILVERPOINT.
In this judgment the Court of Appeal has declared the contracts null and void, ordering Silverpoint Vacations to return the sum of £ 52,550.35 plus another £ 88,960 in concept of money unduly anticipated. In addition, the judgement, as can be seen in the yellow highlighted ...
Read MoreJudgements I haven't published (and I should), first one against SILVERPOINT
This ruling was issued in 2016 by the Court of First Instance No. 5 of Arona. The contract was declared null and void because it exceeded the legal maximum allowed for 50 years, consequently Silverpoint Vacations, S.L. was sentenced to return to my clients the sum of 13,164 pounds, plus interest and court costs.
Read More105 Supreme Court judgements so far...
Today I’ve checked again how many sentences of the Supreme Court are about Timeshare. Currently there are, at least, 105, from which 42 belong to Silverpoint, 37 to Anfi, 8 to Palm Oasis and 6 to Puerto Calma plus a few others. Impressive, all this since 2015...
Now you know more about timeshare contracts in Spain, if you want to get rid of it I am an independent lawyer and I can help you! Remember that preliminary advice is for free. See more information here, or contact me directly.
What is exactly what the Supreme Court has ruled?
In general terms what the Supreme Court has ruled is that:
a) Undetermined object. Timeshare contracts must have a clearly determined and described object, according to the mandatory requirements set in the law. This is why floating or even apartments describes as "T1-2Bed", etc, are ilegal...
b) Indefinite period of time. It is not only that perpetuity contracts are null and void, any contract
Read MoreThe psychology of time pressured sales
Very interesting article that I read here and reproduce below for an easier reading:
"During the holiday season, you can see several advertisements that are based on the psychology of time pressured sales and the “fear of missing out” or ‘FOMO’ mentality. Phrases like “act now” and “limited time offer” are frequently used in advertising to prompt consumers to reduce speculation about the purchase, and pull the trigger to make a positive purchase decision.
Read MoreCourt Victory against Silverpoint Vacations, S.L. (2)
Court of First Instance num. 3 of Arona.
Ordinary Proceedings 367/2015.
Your honor, Dña. María de los Angles Antón Padilla, declared the contract signed between my client and Silverpoint null and void because there were no reference to its termination date and the object had not been described as article 9.1.3 of Law 42/98 requires.
Read MoreDave Taylor Resort Properties / Silverpoint scam fraud. The video.
This is a video that circulates on the Internet and that clearly shows the handling and manipulation that has been practicing Silverpoint, and its group of companies, during all these years.
Read MoreInteresting article on Supreme Court ruling No. 74/2015 of 15 January on perpetual clauses against Anfi's contracts.
I have recently come across this article, written by professor Joaquín J. Forner that published in the International Company and Commercial Law Review, 2015 [Sent September 2015]. For its undoubted interest I reproduce it below:
"Nullity of Contracts. Timesharing. Inter Temporal Law. Norwegian Claimant. Spanish Supreme Court, Civil Division. Judgement of 15 January 2015 (74/2014) (XV. ANFI SALES, SL) by Joaquin-J Forner.
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