Julie Jordan
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Thanks for posting about this, Roger. Let’s hope we don’t have members who have fallen prey to any of these companies. It would very sad if we did, after all the work that has been done to obtain legitimate legal advice for members at a reasonable price from JLCA. Sadly you are correct that the word ‘lawyer’ is not restricted in the same way as the word ‘solicitor’ under English law.
Thanks for this Wolfgang.
I would expect that the timeshare operators would take the view that releasing you from your continuing obligations to pay maintenance for the remainder of your contact term would be sufficient ‘consideration’, i.e. ‘price’ or benefit, for accepting the surrender of your timeshare contract. They ought of course to take account the value to them of the opportunity to resell the timeshare contract, but that would be hoping too much.
Good luck for the meeting today. I hope you get a good attendance.
Come on Brian photos please ? 😀
I agree but this is typical of ‘no win, no fee’ arrangements. I would always recommend to members that, if they possibly can, they pay the discounted fees agreed with JLCA for their benefit rather than go down this route.
I suggest you read your fee agreement – additional fees for appeals and execution proceedings are fixed and clearly stated in the agreement. This should not be a surprise to you.
Hi Becca
If the cost of a claim is the issue JLCA have recently made arrangements with a third party funder for a ‘no win, no fee” type arrangement. It is expensive in terms of the final return after all deductions but there is no initial outlay beyond UK notary fees (but £200) and no risk. Worth thinking about. See the Claims Forum for details.
You might also like to read my article: “Options for getting out of your Anfi contract if you no longer want it or if you die” – also on the Claims Forum.
Is there anyone in the family who wants to take on your mother’s points? She can transfer them to family members without problems, I believe? Of course that person takes on the maintenance obligation too.
Julie
Yes, Brian – they have represented clients who have points in claims against other Spanish timeshare resorts – but not anyone from Anfi as yet, as far as I know, but other members may be able to confirm this? I do not have access to the details of all our members’ claims.
Minor clarification – JLCA advise new claims on the basis of in perpetuity contracts may no longer be possible BUT new claims on the basis of floating weeks or for payment within the cooling off period are still possible.
Oh dear! If it is a fixed week before the end of 2017 it should be worth advertising it for rent to see if you can recoup your 2017 maintenance that way. Bad luck for getting caught out. I was furious when that happened to me – I had stupidly assumed unused floating weeks were carried forward automatically.
Having a floating week, I couldn’t even book anything to rent out between the date I realised the issue and the end of the year because apparently there was absolutely NO AVAILABILITY whatsoever! I still do not believe that and think this is Anfi’s way of making a fast buck – I suspect they transfer all unclaimed weeks to Anfi Sales pronto for use by potential timeshare purchasers. I now have an annual recurring reminder in my calendar for 31 August to book my week, carry it forward or lose it.
My hearing is in December – the week before Christmas – and in San Bartolome. I’ll be staying two nights at the Hotel Las Tirajanas which is supposed to be walking distance from the Courthouse. I booked through Booking.com so haven’t had to pay anything yet. It’s costing me €70 per night for a single room. The hotel also provides a shuttle bus service from the airport which I’ll be taking advantage of and so avoiding driving up those mountain roads on my own – eek!
I’ll report back on how it was when I’ve been there.
Further to my post on 7 July, I have more information about the price of these points.
“The current RCI Europe Point Price is 0.0158 Euro Cents per point. Hence, 41,000 Points would cost 647.80 Euros for someone who needed to rent this amount of points from RCI. Additionally, there is a 69 Euro Transfer fee from RCI. If someone in the Diversified Resorts Limited RCI Point stem would like our Points for 500 Euros, we would be willing to pay the necessary transfer fee.”
I’ve got to go to GC for my Court hearing in the week before Christmas. I thought it was going to cost me a fortune but I have managed to get a midweek direct return flight with Jet2.com from Stansted for only £145.00. I’m only there 48 hours so I’ll manage with cabin baggage.
I was very pleasantly surprised. Skyscanner is definitely worth using to get the cheapest flights – especially if you are happy to go for non-direct flights via Madrid or Amsterdam.
Fantastic news Lisa – and so quick! Which Court was your case in?
The results are available in the members’ area of Anfi’s own website for your resort (if applicable) – in Monte they are in the News section.
CLA seem to be arguing the Constitution change does not change our contracts but I am not so sure because the contracts require us as members to abide by the Constitution. Therefore any change to the Constitution also changes our contracts by the back door. Remember when in 2013 they changed from AGMs to three yearly OGMs? – that was done by way of a change to the Club Constitutions and applies to all members of the affected Clubs, not just those who bought after the change became effective. Those of us who bought before the change cannot demand an AGM.
However it is possible that the Constitution change will affect any claims filed at Court after 23 June 2017 – removing ‘in perpetuity’ as the basis of a claim – we’ll have to wait and see.
But remember that even if this were the case it would be very rare for a claim to be based solely on ‘in perpetuity’. Many claims also have ‘floating weeks’ or points as the basis of the claim and every claim I have ever heard of could rely on payment within the cooling off period alone as the basis for a claim. See Richard’s post below.
It is also likely Anfi will try to argue that the change affects claims that have not yet been resolved by a first instance decision at least, but then we know Anfi will use any possible argument to delay and frustrate the claims. I do not think they will succeed in this argument and what CLA say in their post on ‘inside timeshare’ seems to support that view, if they have been successful since 23 June 2017 in a claim filed at Court before 23 June 2017.
Do any members also hold DRL’s Next Generation Points Club RCI Points?
I have been contacted by a non-AnfiUK member who has initiated their 12-month exit from RCI Europe, who will then terminate their involvement with DRL’s Next Generation RCI Points Club – they expect to be out of RCI in November.
They have 41,000 Points in their account, which they do not expect to use. RCI Europe have said they could be transferred to another RCI Europe account that is within the Next Generation Points system.
If any member of AnfiUK participates in the Next Generation Points system, perhaps through another timeshare ownership, they would be happy to sell you these RCI Points. Please contact me if you would like to be put in touch with this person?
I bought my contract in 2005 in my sole name.
It would be helpful if Anfi published the current Constitutions for each Club including all amendments since inception on their website and in the new Anfi App when it becomes avaialable.
I am going to ask for an updated copy of my Club Constitution anyway and I suggest other AnfiUK members do too. Perhaps Anfi will work out eventually it would be less work for them if they published them on the website?
Thanks for posting Lisa – completely understand your reluctance to post details given the recent ‘leaks’ from this Forum. I’m pleased see the latest post by ‘aka Anne Johns’ on Facebook has been deleted. What part of ” please note JLCA’s advice is for members of AnfiUK and other JLCA clients” did he/she not understand?
When members breach Club confidentiality they undermine the Club and discourage members from sharing useful and valuable information in this private ‘members only’ Forum. I can’t understand why a member of this Club who has access to the Forum would want to do that? It pisses me off BIG TIME – excuse my language! Our webmaster is on the case checking the IP addresses of all the many members logging on to the Forum to identify ‘Anne Johns’ – as the Forum is so popular these days this could take a bit of time. Bear with us…
My pleasure, Andy.
Yes, do we know how Anfi Sales exercised their votes in each Club? We were told at Monte they held less than 10% of the votes so they could have voted against Resolution 1 and it still got through?
Also are Anfi going to publish the amended Constitutions on their Members section of their website for each Club? I still have a pre-2013 copy of the Constitution and have never received an updated one.
Do any members have an amended post 2013 Monte Constitution which includes the amendments made when they introduced three yearly OGMs? Or any of the other amended Club Constitutions where the AGMs were changed to OGMs?
Interesting thought, Wolfgang. As the Resolution would change the Constitution of each Club and all contracts whenever sold incorporate the Constitution of the Club then all contracts are changed. This means those who bought before 1998 will have the same rights as everyone else who bought after 1998. It just shows how poorly thought out this all is.
This is astonishing. They are offering accomodation at all Anfi del Mar resorts including the larger and 2 & 3 bed apartments which we know are rare as hens’ teeth if you are an owner wanting to do an internal exchange or use points. Anfi need to get their priorities right and look after their owners FIRST.
Re finding out what week has been allocated to your contract, whilst on the phone to Anfi last week about a guest certificate I cheekily asked this question: ‘If I were thinking about voting for Resolution 3, which says I would get the week I currently ‘hold’, can you tell me which week and apartment have been allocated to my contract in your system? My certificate says I have a Floating week. ? ‘. Not surprisingly the reservations staff could not help and transferred me to customer services. The person I spoke to couldn’t help either but said she would get a colleague to email me this info. Still waiting! Obviously they have not thought it important enough to give me this information in time to influence my vote.
I doubt Continental Trustees would help either given all the addresses we have for them are nothing more than lock ups or post boxes. There do not appear to be any staff who actually ‘work’ at Continental Trustees’ addresses in either Ireland or London. JLCA found that out for us last year.
