Claims Directive cases rejected by judge

Brussels 10th November 2010 – In a press release issued November 9th, the Anfi group reports that cases brought by owners represented by Claims Directive, a company that RDO has written about previously, were rejected by a judge in Las Palmas. This is the fifth ruling that has been in favour of Anfi in respect of claims filed by Anfi members represented by Claims Directive.

Claims Directive, which is located in Arguineguín Gran Canaria claims to represent timeshare owners’ interests but it should be noted that has been linked to a holiday club called ‘Voyager’. Together with enforcement bodies around Europe, RDO is of the view that holiday clubs are one of the biggest threats to the timeshare owners and the European Consumer Centre in Madrid reports that between 2005 and 2007, over 700 complaints were lodged about holiday clubs operating in the Canaries, causing loses to European Consumers of at least €4 million.

In its press release, Anfi reports that Claims Directive, a company based in Arguineguín, has been targeting Anfi members, offering them legal assistance in cases against Anfi with the promise of recovering a higher amount than their initial investment. Despite advertising their services as "No Win, No Fee", potential claimants are obliged to pre-pay legal expenses of up to 6000 Euros. This is contrary to the accepted concept of "No Win No Fee" agreements, where the client only pays the lawyer if the case is won and all or most of the costs are recovered.

In a response to a press release from Claims Directive earlier this year, sensationally and inaccurately titled "Timeshare Industry in Spain Set to Collapse", the European trade body for the vacation ownership industry, Resort Development Organisation (RDO) stated that the number of claims in the market made by Claims Directive are “incorrect and misleading” and that there are not “200 live claims for timeshare miss-selling against Anfi del Mar".

Anfi adds that is concerned by the strategy of reclaim companies that target vulnerable individuals who may be more susceptible to their offers. These individuals are tempted by promises of improbable outcomes from court cases when in reality they will, in most cases, be liable for huge costs involved in long drawn out court cases.

Anfi believes that claimants are being given totally unrealistic expectations without being made aware of the fact that if they lose their case they will be obliged to meet not only their own legal costs but also the court costs and those of Anfi too. Anfi advises that before accepting any offer of representation from any reclaim companies that their members carry out exhaustive research into said companies.

For further information or advice, contact RDO on info@rdo.org or the Anfi Customer’s Service department – go to www.anfi.com for further information. Timeshare News