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Another Incarnation of the Fake Lawyer in Tenerife

Well it didn’t take long for another incarnation of the Litigious Abogados family to come up with another “FAKE” law firm, this one is called La Litigación Española, with the website

http://lalitigacionespanola.com

Which was registered on 2 November 2018 so is only 25 days old, it is due to expire on 2 November 2019, so only paid for one year!

As usual the registrant is hidden by a privacy protect via GoDaddy, this in itself is usually a sign of a “Scam” outfit.

According to the website the firm was founded on Friday 2 october 1992, again very precise, by Juan Folanta Hadorso, they claim to be a legally registered Spanish company with the CIF Number A25891623. No company can be found on Spanish company register and the CIF Number is also a fake.

The address is one that we have seen before on several other incarnations:

4, Calle de San. Francisco, 4P, Santa Cruz, 38001-38002, España

The telephone numbers they give are:

Freephone: 0800 862 0194

Madrid: 0034 919 030 442

Santa Cruz: 0034 822 250 524

With the email addresses:

[email protected]

[email protected]

Again these email addresses are free email providers.

The website once again shows many official logos for the many Colegios de Abogados, (Bar Associations) and various other official associations.

They also show photographs of their so-called lawyers:

Juan Folanta Hadorso

Juan Folanta Hadorso, the founder, who is actually Jean-Pierre-Mignard Lysias Partners based in France (see link)

Jean-Pierre-Mignard

https://www.lopinion.fr/edition/politique/jean-pierre-mignard-dans-jardin-bien-mal-5230

Francisco Desrabu Folanos

Alberto Nalgata Solatez

Emillio Gargantim Librenza

On the contact page there is also a photo of another young lady who is probably the admin contact contact:

Manuela Lamamel Coniu

We are still in the process of identifying the other pictured “lawyers”.

Another name that has surfaced is Alberto Nalgata Solatez who is from Departmento De Reclamaciones or claims department.

Well we all know what the “pitch” is going to be, your timeshare company is to appear in court very shortly, you have a case and can be part of this. But to do so there is going to be a procurator fee to be paid direct to a named individual and a personal bank account.

Then you will be informed that the director of your timeshare company pleaded guilty to all charges and you have been awarded a substantial amount of money. Fantastic, an early Christmas present, unfortunately you must first pay a “TAX” to have this money released, this will be around 20% of the awarded amount.

This will all be backed up as in the past by very convincing court documents, along with probably a photocopy of the cheque made out in your name. This will never arrive, well, an envelope will arrive but it will be open and the cheque will be missing.

Then out of the blue, another company will be in touch and tell you the cheque was stolen and cashed by a foreign gang. This company has been charged by the court to recover your money for you, but, yes you guessed it, they will want around 10% to 20% of the awarded amount to carry this out.

This is a “FRAUD”, do not be taken in by them, all the names are FAKE, all the documents are FAKE, everything about them is FAKE!

If you have been contacted by this or any other company with a similar story, use our contact page and give us the details, it is through your information that we can warn others and also pass this information to the appropriate authorities.

Remember, doing your homework first will in the end save you thousands and a lot of heartache.

Consumer Warning: A New Fake Law Firm in Tenerife Part of the Litigious Abogados Family

Just as we expected after the last article about a new fake law firm in Tenerife, Litigacion Abogados, this one is called ADN Alberto Dlendro Nabalez, Litigacionespaña SL and is another in the family of Litigious Abogados.

The website http://litigacionespanasl.com which is only 14 days old was registered on 3 October 2018 with as usual the registrar hidden by privacy protect. According to the home page the company was formed on Thursday 20 August 1990, a date we have seen before. They also show a fakeCIF number A19626885, which is the same as for Litigaciones SL.

The address is also very familiar

4, Calle de S. Francisco, 4, Santa Cruz, 38001-38002, Tenerife

With the following telephone numbers.

Freephone: 0800 862 0 314

Tenerife Tel: 0034 822 680 013

These numbers are also the same as for Litigaciones SL.

Once again they show photographs of their lawyers, which we have again identified.

Alberto Dlendro Nabalez the founder, who is actually López Saavedra, an Argentinian lawyer.

Manuel Rintas Quejom, who is in fact a lawyer based in Orland called David Haenel.

Valentino Afelergo Barile, so far unidentified.

Juan Iominan Ovaso, who we highlight in an earlier article is in fact the Argentinian Lawyer Alberto Nisman, who was assassinated in 2015. https://en.wikipedia.org/wiki/Alberto_Nisman )

We also have the 2 young ladies from the article on Litigaciones SL http://insidetimeshare.com/start-the-week-litigaciones-sl-a-new-name-in-the-litigious-abogados-family/

Vittoria Tetazi Normez (Actual person identified as Johanna M. Herrero, Born Argentina, and runs a law firm in Boston USA, http://www.johannaherrerolaw.com/attorneys-1/ )

Maria Gosadema Raviya (At present unidentified)

Now for a firm whose website was only registered on 3 October, they have really surpassed themselves, they actually have a case being heard in court on 30 October, and to be part of this case a sum of money has to be paid direct to the “Court Procurator” directly. As yet we do not know what name they will be using for this Procurator.

So we now have a new name with the same old fraud.

This just goes to show how careful timeshare owners must be, if you have any doubts about the authenticity of any caller, email or company you have found on the internet, you should do your homework and check them thoroughly. If you need any help in this, use our contact page and Inside Timeshare will help you make the checks.

Remember, do your homework, you know it makes sense!

Start the Week: Litigaciones SL A New Name in the Litigious Abogados Family

Another New Name in the Litigious Abogados Family has now come to light, Litigaciones SL with the website:

http://litigaciones.com

This was registered on 5 July 2018, so is only a couple of months old, with the registrant not being shown, as usual it is exactly the same layout and wording as all the others that have come before. The only difference are the photographs of the “new lawyers”. Also according to the homepage the company was founded on Monday 30th August 1990 by Alberto Dilendro Nabalez, now that date in 1990 was actually a Thursday. They also claim to be legally registered in Spain and the Canary Islands with the following CIF number A19626885, which cannot be found on any company registration website.

The address that is shown is one we have seen before with about 4 other companies of this group of “fakes”:

4, Calle de S. Francisco, 4, Santa Cruz, 38001-38002, Tenerife

They use the following telephone numbers:

Freephone: 0800 862 0 314

Tenerife Tel: 0034 822 680 013

The email addresses are as usual not connected to the website but are consultant.com a free email address provider:

[email protected]

[email protected]

Below are the photos of the new lawyers the first being the founder of the company:

Alberto Dilendro Nabalez (Actually identified as López Saavedra of Villarroel Abogados Argentina)

Manuel Rintlas Quejon (This is actually a Florida lawyer called David Haenel)

Valentine Afelergo Barille (Currently unidentified)

Juan Ilominan Ovuso (This is actually Argentinian Lawyer Alberto Niseman, who was assassinated in 2015. https://en.wikipedia.org/wiki/Alberto_Nisman )

On the contact page they show pictures of two young ladies who you will be taking your calls:

Vittoria Tetazi Normez (Actual person identified as Johanna M. Herrero, Born Argentina, and runs a law firm in Boston USA, http://www.johannaherrerolaw.com/attorneys-1/ )

Maria Gosadema Raviya (At present unidentified)

The format of the “fraud” is the same as previously reported on these pages, a case has been lodged with the court in Santa Cruz, Tenerife, on this occasion it is against Petchey Leisure Group. The trial is set for Tuesday 9 October 2018, and the amount being claimed is 18,221€. If the client wishes to go ahead, (which is rather strange, because unless the client had started legal action in the first place no case could have been lodged), they must first pay a “refundable fee” of 784€ to the Court Procurators directly. In this case the procuradores is named as Ramon Gomez and his bank details have been provided, (as usual it will be to his personal account).

So there you have it, another fake website for a fake law firm, once again using photographs of genuine people with fictitious names to try and give credibility. But as usual Inside Timeshare brings you the truth about them and exposes them for what they are “criminals”.

Have you been contacted by a similar firm telling you your timeshare company is being prosecuted or has already been taken to court, have they told you that there is a substantial amount of money lodged with the court, just waiting for you?

If so, contact Inside Timeshare first, do not pay any money, especially by bank transfer, use our contact page and send us the details, we will check them out and publish our findings. It is through your information that others will be warned.

Tomorrow in the Tuesday Slot,we highlight another “Nightmare on Timeshare Street”, a family’s experience with Westgate. So join us tomorrow.

 

Another New Name for Litigious Abogados Family

Well here we go again, and another name to add to the family of Litigious Abogados, just a slight change from a previous one, Legalidades Abogados is now Legalidades Tenerife. The lawyer is still Alberto Kalim Ro Galvera, along with Juan Luis Lutabaris, Miguel Halcon Morato and Manuel Goletas Gitano.

The company address is one that has been used before with Legalidades Abogados:

4, Calle San Francisco, Santa Cruz, 38002, Tenerife.

Telephone number are:

Freephone: 08008021916

Tenerife: 0034 822680087

The new website is www.legalidades-tenerife.com and was registered on 16 April 2018, obviously due to the fact that Inside Timeshare has previously identified the photographs of the so-called lawyers they used on previous websites, this one does not have any photographs, the registrant is again hidden by a privacy service. But it is still a fake law firm nonetheless. .

According to the letter sent to our reader, they have lawyers legally authorised to operate in any court of law in Spain, Portugal, Italy and Malta. The growth of the company over the years has been mainly due to numerous cases against timeshare companies.

The letter also states that they are currently involved in a class action for punitive damages against Petchey Leisure Group SL and MGM SL, along with one of their directors Mr Howard Manton.

Apparently their consultants have “gleaned” enough information to lodge a claim on the clients behalf. Their lawyers have successfully lodged the clients claim with the court on Tuesday 5 June 2018, using ref number BOE-S-2018-136. The hearing has been set for Tuesday 19 June 2018 at 12.20 at the Santa Cruz Court No 5.

Well that is very quick work indeed, they obviously have a great deal of influence with the judges and the courts.

The claim amount is for 22,934€ but there is a fee that needs to be paid first, this is for the Court Procurator and is 706€ which has to be paid directly to the Procurator. In this case the Procurator is Elinabeta Yessica Elierz with the address:

Calle Abierta Numero 6, Edificio, Cerebro, 228, 38001 Santa Cruz, Tenerife. This address does not actually exist, it could not be found on google maps or any other searches.

There is no telephone number only an email:

[email protected]

The website www.elinabeta-elierz.com/ was only registered on 29 May 2018, it is not even a month old. The Registrant is also hidden by a privacy service.

The bank account the money has to be paid into by bank transfer is in the name of the Procurator and is  with La Caixa, Avenida Islas Canarias, 2, El Faile, 38632, Santa Cruz de Tenerife. The number at this address is actually an apartment, although there is a bank on the corner of Avda Islas Canarias and Calle Fuerteventura, it is not a La Caixa, the bank is actually a Caja Canarias.

Bank Details Procurator

The other strange thing is the “court” document lodging the case, the defendants are: Petchey Leisure Group SL, Resort Properties SL, Silverpoint SL and Howard Manton. There is no mention of MGM SL, plus we didn’t know that Resort Properties and Silverpoint were linked to Petchey!

Fake Court Document

It is blatantly obvious that the whole scam will be just as we have seen in the past, Next week on probably Wednesday 20 June, the client will be informed that the Director Howard Manton will have pleaded guilty and the court has awarded even more than the original claim. Now the second stage of the scam will kick in, there will be taxes to be paid to release the money, then if they are true to form the third stage will come into play.

This third stage is the envelope sent to the clients with the cheque will arrive opened, the letter from the court will be there but the cheque will be missing. The client will naturally contact Legalidades informing them of the missing cheque. Days later a new company that has been “appointed” by the court will be in touch and inform them that the cheque has been cashed, it did used to be a gang of Romanians, then it changed to Ukrainians, we just wonder what gang it will be this time. Anyway this new firm will need a payment so they can reclaim the lost amount from the bank.

As we have seen in the past this is a very clever and well worked out fraud, the paperwork looks very convincing especially if you do not know what the genuine ones look like.  They are full of official looking stamps, logos of genuine official bodies and the English in the letters is actually quite good.

In the end, this is a fraud, the process of taking a case to court takes a lot longer than these guys claim, from being lodged with the court and the trial date being only 14 days is an absolute miracle!

If you have been contacted by a law firm with a similar story to this, contact Inside Timeshare, your information will help others. Unsure of who is contacting you or just needing to find out if one you have found on the internet is genuine, again use our contact page and we will point you in the right direction.

Doing your homework is going to save your precious hard earned money, don’t let these crooks lead better lives than you with your cash!

Friday’s Letter from America

Welcome to this week’s Letter from America, in this article by Irene Parker with a contribution from Mike Finn of Finn Law Group, we look at the Timeshare Tax Trap.

The Orlando Sentinel has also published an article about Diamond and Orange Lake Resorts sueing Mike Finn, they accuse him of using  “false and misleading” claims in his ads. The article also mentions that Mike is cited by many publications as a successful cancellation attorney who along with other groups monitor timeshare companies, they go on to name the National Timeshare Owners Association and also Inside Timeshare. Mike is a regular contributor and offers valuable insights into the law for Inside Timeshare For the full article click on the link below.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-orange-lake-timeshare-finn-20180404-story.html

But first a new warning from Europe, one of our long standing regulars has been contacted by a new “law Firm”, yes you guessed it, another new name in the Litigious Abogados family from Tenerife.

legalidades-abogados-logo

The new name is Legalidades Abogados, using the same address we have seen before:

4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 862 0995

Tenerife Tel: 0034 822 250 502

email: [email protected]

email: [email protected]

Once again the address is genuine and shows 2 lawyers plaques on the wall, neither are this one. The email addresses are also not linked to the website, but are ones you can register for free at consultant.com.

According to their website http://legalidades-abogados.com/ they were founded by  Alberto Kalimro Galvera, on Monday 19th July 1990. Again this date in 1990 was actually a Thursday, so once again not very much attention to detail there. They also still insist they have over 15 years presence on the internet, not bad since the website was only registered on 15 March 2018 with the registrant hidden by a privacy company.

After the initial call they send an email which is signed by Angelica Imolintos Lesterno from Departmento Legal. Also attached is a letter of 3 pages with many official looking logos, it is signed by another new name Pablo Ibernas Cavosa.

Here are the new lawyers names and photos, once again probably downloaded from the internet, without the knowledge of the actual persons.

alberto-kalimro-galvera  luciano-emanca-domeras  pedro-arenolde-verandel  gabriel-lindeno-miraldo-203x300  pablo-Ibernas-cavosa-legalidades-abogados-300x201

From left to right: Alberto Kalimro GalverLuciano Emanca DomerasPedro Arenolde VerandelPablo Ibernas Cavosa.

 

In this long winded letter, they go on to say that it is a “no win no fee” arrangement, but as we know from past experience the next stage will be a fee is required for the Procurador. After this there will be a fee to pay “tax” to release the money from the court.

Once again we remind you to be very wary on companies that make these wonderful claims, especially with a “no win no fee” arrangement. Do your homework, you know it makes sense.

Now for this week’s Letter from America.

The Timeshare Tax Trap – A 1099 Loan Forgiveness Tax Liability

$170,000 Diamond Timeshare Points Purchased for no Reason

Timeshare Attorney Mike Finn, a former C.P.A., weighs in

Tax Time

By Irene Parker

April 6, 2018

Two Inside Timeshare readers contacted us alarmed, because they received an IRS 1099 form, informing them of a timeshare tax liability. For one family, this meant possibly an additional $170,000 in income. This would have been bad enough, but the already Platinum Diamond Resort member said they purchased the points to participate in a program that did not exist.

Timeshare members have learned there is little to no timeshare enforcement of timeshare regulations in some states, so by relying on the oral representation clause, timeshare sales agents are allowed to say anything to sell vacation points. The Nevada Real Estate Division has routinely replied to timeshare buyers, “You have no proof,” according to member reports. Today’s family is one of eleven families complaining about the same sales Las Vegas sales agent.

A reminder no one should pay upfront money without checking with us or one of the advocacy self-help Facebooks and websites listed below. Lack of a secondary market for timeshare points gives rise to a flourishing community of scam artists.

This former Diamond member says DRI sales agent Rick Casper, working out of Polo Towers in Las Vegas, told him to buy more Diamond vacation points to eliminate maintenance fees. He and his wife wanted to talk to someone at DRI because they were struggling to pay maintenance fees on the 50,000 DRI points they already owned. This member is a 100% disabled Vietnam veteran, having been exposed to Agent Orange. The former member did not contact us to complain about Diamond Resorts. He wanted to know if there was anything that could be done about the 1099. I did ask why he purchased additional timeshare points from Rick Casper, given Inside Timeshare has received 11 identical complaints about the same Las Vegas sales agent over an 18 month period.    

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for the maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

Inside Timeshare has heard from 114 Diamond Resorts members since January 1. By publishing these accounts we hope to inform new timeshare buyers, and existing members upgrading, that the timeshare contract is perpetual, maintenance fees increase, and in most cases there is little or no secondary market.

Buyer Beware Active Duty military and law enforcements are especially affected by a bad timeshare purchase. We are assisting seven in fear of losing their Security Clearance. The ages and branch of military service of the 11 Rick Casper customers, who report being financially devastated as a result of their Polo Tower purchase, include:

  1. Age 69, Army, retired, 21 years
  2. Age 70, 100% disabled, Army, Agent Orange
  3. Age 68, Coast Guard veteran
  4. A stage 4 cancer patient, age 40s
  5. Age 60
  6. Age 69, Gulf War veteran, on 25 meds
  7. Age 61
  8. Age 66
  9. Age 56
  10. Mary Pfeifer, age 72, new complaint not unresolved
  11. Denise Hodgkins, age 56, new complaint, unresolved

I asked my CPA about the 1099. She said they would have referred the tax filer to a tax attorney, so the problem is not that simple. As usual, we went to timeshare attorney Mike Finn of the Finn Law Group. Mike provided an article about this important topic on his Learning Center.

https://www.finnlawgroup.com/learning-center/tax-time-contract-cancellation-timeshare-developer

An excerpt from Mike’s article:

Loan forgiveness

The 1099 form is referencing a large amount which may very well be taxable income! Unlike a mortgage balance forgiven, which would have been spread out over the life of the loan, this possibly taxable sum has been reported to the IRS in one lump sum! Say the amount reported is about $25,000. Say further that your tax bracket is 20%. Your new added tax bill is $5,000, and it’s due April 15th!

So, does this tax form receipt mean that the recipient is stuck with the tax bill for the so-called income? Well, possibly.

Consult with a tax professional before you assume that your receipt of a 1099 form from a timeshare developer automatically means you’re staring down significant tax liability. Understand we are not providing tax advice, merely a possible position that we believe is quite tenable and worth exploring with your own tax advisor. Although it’s accurate for me to state that I was a Certified Public Accountant, it is much more important to note that my C.P.A. licensure has long ago lapsed (because I didn’t choose to keep up with the annual professional education courses necessary to retain my certification). Please take your tax preparation advice solely from your own qualified tax return preparer.

Every tax filer is unique, with differing facts and circumstances. I am not offering, nor should you interpret my comments, as tax advice.

Historically, over the past half dozen years or so, hundreds and hundreds of Finn Law Group clients have received IRS 1099 forms, both 1099A’s and 1099C’s.  The receipt of these forms creates confusion.

I point you to IRS form #982. This is the form that the IRS advises should be filed along with the income tax return itself as a form of supporting schedule, which provides notification to the IRS that the amount presented to them via a 1099 is being acknowledged, but further, that the amount listed should be excluded from the taxpayer’s gross income. The myriad of possible reasons provided on the 982 Form are in and of themselves confusing and difficult to understand. I’m therefore providing my readers what I suggest may be appropriate reasoning in concluding that, in many cases, there should be no “income tax penalty” imposed after successfully negotiating a release of contract with your timeshare resort.

Allow me to provide my argument as to why some forms of debt forgiveness may well be construed as taxable income, and then differentiate the negotiated act of cancelling a timeshare contract and why this transaction therefore logically should be treated differently.

Since “income” generally means a measure of accretion of wealth or value added to your worth, then the cancellation of a debt, when that debt was incurred when you received something of value, should be counted as income because the elimination of the debt liability plus the retention of the item acquired when the debt was incurred increases your net worth. Under this definition of added wealth, the taxing of same would be quite logical.

Applying this argument to the cancellation of a timeshare contractual obligation and its related underlying indebtedness, it’s immediately evident that the cancelled owner has retained absolutely nothing of value. They’ve surrendered their interest in exchange for a debt and/or contract cancellation, but after the transaction they have absolutely no accretion of net worth.

Indeed, they’ve lost anything previously paid on an ‘asset’ they no longer own, so any argument that they’ve achieved and retained income or anything of value because of the contract cancellation is simply not accurate.

In terms of taxpayer reporting requirements, the issue becomes murkier when you apply it to timeshare transactions. Whether or not the industry will ever acknowledge that the resale value of a timeshare interest is minimal at best, what we can establish is that it would be extremely unusual for anyone other than the resort developer to acquire the timeshare interest at foreclosure, and therefore the liquidated basis of the interest will nearly always be zero, or at best a nominal value at foreclosure. Also making the timeshare transaction more complex in terms of following the instructions of either IRS form 982 and/or publication 4681 relating to this issue is determining whether the underlying debt should be viewed as “recourse” or “non-recourse,” given the propensity of the developers to utilize non-recourse based non-judicial foreclosures to recover the interest the greatest majority of the time.

I’ve attempted to avoid becoming overly technical in terms of specifically advising of taxpayer reporting other than to suggest very generally that the filing of the IRS form 982 will most probably be required. Lastly, I do strongly recommend utilizing a professional tax return preparer, as these forms are not at all intuitive.

I earnestly wish that I could offer something less complex to help provide absolute answers to this prominent issue, but I do feel that this is important because the financial ramifications are potentially high.

Respectfully provided,

Michael D. Finn, Esq.

Michael-D-Finn2

Thank you, Mike, for the timeshare accounting lesson. One question I had is,

What is the difference between a 1099 A and a 1099 C?

http://www.koontzassociates.com/pages/know-the-difference-between-a-1099-a-and-1099-c/

Contact Inside Timeshare or one of these self-help groups if you have a timeshare nightmare. We know there are many that use and enjoy their timeshare, some having not faced a need to sell it, or were lucky to purchase from a sales agent that sold the product as the product is intended.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Deceptive

Elder Abuse:

https://www.fbi.gov/news/stories/elder-fraud-charges-announced

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings. Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams.

Thank you Irene for this weeks article and also a very big thank you to Mike Finn for his contribution.

Inside Timeshare welcomes your comments on this or any article published, also if you need any information about your ownership or any company that has contacted you or you are thinking of doing business with, contact Inside Timeshare and we will point you in the right direction.

Friday is upon us the weekend beckons, we hope you have a great and relaxing one. See you next week.

weekend 1