Chamber number 3 of the Court of Appeal (Provincial Court) of Tenerife has confirmed the first of the judgments that declared the contracts void for not having a specific object in accordance with article 9.1.3 of Law 42/98 and for being for an unlimited time, in contravention of article 3 of the aforementioned Law. It also considered buyers as consumers. The not so beneficial part of the judgment reduces the amount to be received because it deducts from the total amount the amounts paid as maintenance fees. Still, clients will receive £ 67,623 plus interest for filing the lawsuit. This is a good precedent for all those Regency members who want to see their contracts terminated.
CLUB LA PINTA. some notes on my trial this week.
As I mentioned in my social networks, on Wednesday morning I had a trial in which I requested the nullity of a contract of Club La Pinta. The defendant companies were International Holidayway Marketing, S.L., Las Vistas Marketing, S.L. and Telpar Ventures, Inc. These contracts are substantially void because:
Read MoreANFI. New victory. More than 30,000 euros back to the client.
This time the Court of Appeals not only confirms the First Instance decision to declare the contract null and void with payment of 142,800 Norwegian crones (14,155.01 euros), but also grants the return of unduly anticipated monies. In this case, the client will receive an extra 170,000 NOK (16,851.20 euros)
Read MoreSilverpoint and the recent Supreme Court rulings, nº 16/2017
STS no. 16 of 16-01-2017. Appeal no. 2718-2014, on Club Paradiso and investment schemes.
The first judgment of the Supreme Court has proved to be a real surprise for many, although expected by others (among which I include myself). There have been many proceedings before the Courts of First Instance and the Provincial Court of Santa Cruz de Tenerife (now onwards, Court of Appeal or just CoA) against the group of companies headed by
Read MoreBreaking news! The Supreme Court has declared a Club Paradiso contract null and void
Yes, the Supreme Court has declared that the Vacation Club known as Club Paradiso was not really a club of that kind and that was really timeshare, consequently and not complying with Law 42/98 had to declare the contract null and void. More news once I manage to read the full decision.
Here is the news (in Spanish):
More info in this web here
September and October, 7 new rulings from the Supreme Court
There have been a few rulings recently from the Supreme Court, seven after the summer break against in which Clubs, such as Anfi, Puerto Calma or Palm Oasis, have been condemned to return to their clients certain amounts they paid, declaring their contracts ...
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