JohnMackie
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Hi Julie
I am a bit confused and concerned by your reply because I contacted JLCA last April (after our contract had been declared null and void) to inquire about using our week in February 2018 (as we were looking to book flights) and the advice we were given at the time was that if a contract has been declared null and void, you do not have to pay maintenance fees, however, if you still want to use your week, provided that the appeal process has not concluded and ended the contract, you can pay your maintenance fee and use your week. JLCA did not issue any caution to us that Anfi may use this against us at the Appeal if we used our week in 2018. (If they had we would obviously not used it) I also asked at the time whether they thought our Appeal would happen before February 2018 and they said probably not because of the slow process and they were correct as we still have not been given an Appeal date as yet, so we booked the flight last April, paid our maintenance fee in January and went to Anfi in February. We did not experience any problems at the Resort with Anfi. We are now concerned about our Appeal, if you are now saying Anfi may use this in their favour at our Appeal.
Regards
John
Hi Angus
I was not the client referred to in this case but have experienced a similar judgement. Basically, in accordance with the Anfi contract we made 3 payments, the first deposit at Anfi when purchasing our timeshare, the second a month later (same amount as the deposit) and the final balance a month to the date of the second payment. We took out a bank loan for the final large payment. As with every payment we have made to Anfi, we never received any receipts for our payments. Our timeshare was purchased in 2004 and we did not have any statements for proof at the time of our Hearing. We were only awarded the purchase price because we could not provide any documented evidence, although our solicitor said that Anfi did not contest that we made the payments in 3 consecutive months from the purchase date. My bank could not provide to me evidence of these payments before the Hearing, but about a month after our Hearing result, I was able to provide a bank statement with a cheque receipt for the amount for our 2nd payment which corresponded with the same timing this payment was due to Anfi, although Anfi’s name never appeared on my bank statement. Shortly after this I managed to obtain a copy of my bank loan agreement which was for the exact amount for our final payment and the date also corresponded with the date for our final payment due to Anfi and although Anfi’s name was not mentioned, I believed it was sufficient evidence to prove we paid in 3 consecutive months. I sent these documents to JLCA and asked if they could present these at our appeal as it was new evidence. JLCA said that the documents could not be presented at the Appeal because they should have been presented at the Hearing, even though I could not obtain them before the Hearing date and therefore cannot be considered at the Appeal. JLCA will still appeal against this decision when our Appeal date is known and they will also ask for maintenance fees as our Hearing was in May and at that time most (but not all) of the successful claims did include maintenance payments as part of the Judgement, but we did not get this Judgement.
Sorry for the long explanation but thought you might find this information helpful, in view of your inquiry.
regards
John
In claims that have been declared null and void in the First Instance court has any member who had their result declared null and void in 2016 receive an invoice for their maintenance fees during 2017? and has anyone been to Anfi since their contract has been declared null and void and if so, did you experience any problem with Anfi in using your apartment?
The reason I ask is that I have booked flights to Anfi for next February and we are due to receive our maintenance invoice in December for 2018 and I was wondering whether Anfi will send out the invoice when they will be aware that our contract has already been declared null and void.
Any comments /views would be appreciated
regards
John
Hi Lisa
My understanding from JLCA is that until a case has been absolutely resolved, which could include the Appeal Court hearing and a further Appeal hearing in the Supreme Court (if Anfi appeal the Appeal) then the contract has not been legally terminated. Therefore they advise members to continue to pay maintenance fees until their case has finally concluded and until then, members can still use their Anfi week. Anfi cannot appeal the Supreme Court decision which is final.
I hope this is helpful and that my analysis is mainly correct.
regards
John
We are at the stage where our contract has been declared null and void and Anfi has appealed the decision like in all cases so far. We have paid £1000 for the Appeal and a further £500 to enable JLCA to seize Anfi’s assets, so far Anfi are resisting this action. (stalling tactics) As an indication of time scale to resolve our claim, we next go to Anfi in February 2018 so I asked JLCA for an indication as to whether they thought our claim would be resolved by next February. They approached someone in the High Court in Gran Caneria who is involved in the administration of dealing with the claims and they informed JLCA there is currently a large backlog at the court and they estimate that our claim will unlikely be resolved by next February, so we are going ahead with booking our February flights. I must admit, I really did not expect to be using our week in Anfi in 2018 when we first started our claim in 2015.
regards
John
