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Centaurus Mediation SL

A Tangled Web!

This first piece of information from one of our readers, (although the same information has been received in the past), concerns the “FAKE” law firm in Tenerife Abogados Canarias, part of the ongoing fraud known as the Litigious Abogados family.

This particular reader had been contacted by this outfit with news that their timeshare company was being taken to court (as usual), that they could be part of this action. All they needed to do was pay a fee for the procurator to file their case with the rest.

abogados-canarias-logo

Luckily this reader decided to search the internet about this “law firm”, lo and behold found the article published here on Inside Timeshare, they then contacted us for further information, which as usual we gave free of charge.

We even warned them that this “FAKE” law firm would say that Inside Timeshare are the scammers! Not bad considering none of our readers are ever charged for any information or help given.

Well they decided to accept the return call as arranged, Yes you guessed it, they told the reader exactly what we had warned. They even told them that they had taken Inside Timeshare to court SIX TIMES last year!

Well myself and my lawyers memories must be going, as we can’t remember going to court ONCE, let alone SIX times.

Just to let you know at Abogados Canarias, all information supplied by our readers has and will be passed to the authorities to augment the denuncia made in February 2017 against your original “FAKE” law firms!

Another piece of interesting information has been supplied by our readers, this time it is concerning Diamond Resorts, it would appear that they are upsetting many of their members. (Well nothing new there!)

It now transpires that any members family using as guests, below that of Platinum is going to have to pay to use the WiFi, Swimming pool and other facilities on the European sites!

Apparently, the cost for using the pool is around £6 per day per person, not going to be a cheap holiday then, considering the extortionate maintenance fees associated with Diamond. It makes you wonder why you pay the high cost of membership in the first place along with the ongoing annual fees, when this happens?

Also is this just another ploy to “Upgrade” members to Platinum?

give us money

According to the information provided, it has nothing to do with Apollo, as they are only an “Investment Company” and has nothing to do with the day to day running of Diamond!

Hang on they Own Diamond, surly anything that Diamond management do which upsets the members, bringing bad publicity to the public eye, will have a detrimental effect on the share prices and thus on the “Investment”?

Well, all we can say is, timeshare is not the great thing is used to be, it has become nothing more than a money making machine that does not care about you the member. After all they got your money to join, they now get your money each year and if they can find another way to get more of it, they will!

We now move on to Silverpoint with another update.

We published recently the article on Centaurus Mediation SL, contacting Silverpoint members offering a relinquishment service, it also seemed that they were using the members data supplied by Silverpoint. We also stated that there was another company which had also been set up but no name had yet come forth.

The latest information provided by yet another reader is that Excel have taken the marketing contract from Silverpoint due to their bad practices. (Something we have known for years).

Apparently this was told to our reader by a representative from another company called Aspirantco, which we believe is part owned by Excel.

Excel is the management company behind all the resorts.

Aspirantco SL was registered 23/08/2017 with the company address given as Avda San Francisco 6 – Centro Comercial Pasarela, 38640 – (Arona) – Santa Cruz De Tenerife. The registered administrator is named as Carl Alan Jenkins, who is believed to have worked with Mark Cushway and Silverpoint for around 10 years. With the sales office apparently located at Port Royale another resort run by Excel and across the road from the Beverly Hills Club.

(Below is the PDF link to company details)

ASPIRANTCO SL, SANTA CRUZ DE TENERIFE

Could this be the one?

From other information supplied Mr Jenkins is also Project Director for a Tenerife Real Estate Company called Homes Under the Sun, which does not appear to have any known ties with the timeshare industry.

Further information has been uncovered on 12 companies in the UK where Mark Cushway is the registered director. 10 of the companies were registered on 24 June 2016 and 2 registered on 29 July 2016. All have the same registered address for the director as 1 Bedford Row, London, England, WC1R 4BZ.

All the companies have the same name apart from a number attached such as TLCC-20 LIMITED (10250781) and TLCC-52 LIMITED (10250807).  The occupation given for Mark Cushway on the entries is Leisure and Real Estate, with his country of residence as Spain.

All companies are listed as 55209 – Other holiday and other collective accommodation, it is also interesting to note that the registered offices are given as Twin Lakes Country Club, Near Arnside And Silverdale Aonb, Tewitfield, Lancashire, LA6 1JH.

Link to Directors from Company House

https://beta.companieshouse.gov.uk/officers/3h5jf615-FnVKDHNzhQzpquyuSY/appointments

As the old saying goes, “What a tangled web we weave”!!!

We leave you the reader to decide where this may just be going, we obviously have our suspicions. We also thank all readers who have contributed information.

If you are contacted by any of these companies Inside Timeshare would like to hear from you, or if you need any information, help or advice on any company that you may be thinking of doing business with get in touch and we will point you in the right direction.

The Tuesday Slot with Irene

Welcome to another Tuesday Slot with Irene, this week is part 2 of her Timeshare Tips, with some more legal comments from Mike Finn of Finn Law Group. But a few updates from the timeshare world in Europe.

Yesterday’s article focused on the new company Centaurus Mediation SL and the possible links with Silverpoint, well, not long after publishing, news arrived from Madrid and the Supreme Court. Yet two more rulings against Silverpoint.

In the 87th ruling by Spain’s Highest Court, the clients contract with Silverpoint was declared null and void, the court also awarded over £56,000 plus double the deposit amounting to over £69,000. The court also awarded all legal fees and legal interest.

Within minutes of this announcement, the Supreme Court released the 88th sentence, once again it was against Silverpoint.

In this case the contract was once again declared null and void with the client being awarded over £18,000 plus £2,000as double the deposit with legal interest.

As stated in yesterday’s article, a contract being declared null and void by the court means that it should never have existed, does not exist and all has to revert to the state it was in before the contract was signed. So if you do get a call from Centaurus Mediation, with the caller saying the only way to get out is for them to do it, remember it is just another ruse by Silverpoint to fleece you of even more money.

In Gran Canaria, Anfi was on the receiving end of two Court of First Instance sentences, both of these were heard in the court situated in maspalomas.

The first case in court number 2, Anfi was ordered to return over 16,000€ plus legal interest, with the contract declared null and void.

In the second case in court number 1, over £10,000 plus legal interest was returned to the client along with the contract being declared null and void.

With news like this coming out of the courts on an almost daily basis, how can these companies continue to deny any wrongdoing and that they are not losing in the courts?

It just goes to show the arrogance of timeshare companies who for too long have got away with malpractices on a grand scale.

Now on with this weeks article from Irene Parker.

Timeshare Tip #2

Don’t Pay Upfront Money to get you out of Your Timeshare

Define “Upfront Money”

crime buster

By Irene Parker

February 6, 2018

A Williamsburg lawyer guilty of her role in a conspiracy to fraudulently transfer hundreds of timeshare units was sentenced today to 50 months in …

https://search.justice.gov/search?query=timeshare+fraud&op=Search&affiliate=justice

Florida statute does not allow anyone to receive upfront money to get you out of your timeshare.   

http://centralflorida.app.bbb.org/newsearch2.asp?ComID=073300175003582)

the State of Florida – the collection of advanced listing fees from Florida residents, regardless of the location of the property, and owners of Florida timeshares is prohibited. Section 721.20(6), Florida Statutes, prohibits the collection of any advance fee for the listing of any timeshare estate or timeshare license, and requires that any seller of a timeshare plan be a licensed real estate broker, broker associate or sales associate as defined in Section 475.01, Florida Statutes.”

So what are “Upfront Fees” and how are they getting around it?

Like timeshare rescission periods, upfront fees can be dodged. Exit companies accomplish this by charging a listing or ad fee, market analysis, a subscription fee, an advertising cost, you name it. Attorneys charge retainers, but not all attorneys are created equal, as mentioned in our opening statement.

I asked Mike Finn of the Finn Law Group about this as, like all lawyers, Finn Law Group charges a retainer. Given the difficulty, few lawyers will accept a timeshare case on contingency. Timeshare developers know this of course, and know the time and money it takes to litigate is cost and time prohibitive.

According to Mike,

There really isn’t a legitimate way around the no upfront fee issue in a legitimate licensed real estate broker scenario. The one exception is when a seller wants to have more advertising in place than is generally offered by a particular broker and the seller authorizes upfront funds to be specifically applied to a third party marketing provider.  This is rare and usually occurs in the commercial market.

The licensing statute (Florida) is F.S. 475.01 Definitions. The salient details include “(a) broker…for another…and for a compensation…sells…offers….negotiate the sale…purchase or rental…any real property or any interest in or concerning the same… holds out to the public…engaged in the business of…buying,selling…real property of others…or who directs or assists in the procuring of sellers, purchasers, … which does, or is calculated to… result in a sale”

In case you’re hung up on the real property aspect of the definition, “The term broker also includes any person or entity who undertakes to list or sell one or more timeshare periods…”

So, to my way of thinking this company (the one we asked about) is not a licensed broker and if the state actually cared about the enforcement of their laws, they would have shut this, and other similarly situated organizations down long ago.

One of my favorite sources of information is NOLO as you can actually chat with a real lawyer! They have useful information and you won’t be bothered by those pesky “Get You out of Your Timeshare!” ads.

https://www.nolo.com/legal-encyclopedia/florida-timeshare-foreclosure-right-cancel-laws.html

mice

In a strong arm attempt to make sure we vacation, powerful lobbyists and the industry have worked hard to make it difficult to get out of a timeshare contract. The exception is if there is no loan, in which case the timeshare company will “take back” your points and resell as “recycled inventory” on a “case by case” basis. Most timeshare members contacting Inside Timeshare allege they were duped into high interest rate loans and higher interest rate credit cards, sometimes popping out on site like toast from a toaster. In our opinion, the industry refuses to admit they are causing the exit scams by allowing deceit on the front end of the sale and by not allowing a secondary market.

Deceit on the front of the timeshare sale does not discriminate, but often the elderly are victimized, as they tend to have more time and money. Timeshare members over 55 need to reach out to AARP.  

https://www.aarp.org/money/scams-fraud/fraud-watch-network/

The $70 billion a year flowing into Florida in tourist dollars may contribute to why this deceit has not been exposed. I have interviewed a dozen former sales agents, managers, and even a few executives, who call it “Pitching Heat” or “No Heat No Eat.” Nice people.

Social Media is here to stay. Timeshare members like never before can share experiences. They are no longer silenced and isolated. One of our advocates sent this published report to us, posted on TUG Timeshare Users Group. (Licensed Timeshare Resale Broker Association member Judi Kozlowski has provided commentary for our Inside Timeshare articles)

In the timeshare resale market today, it is pretty much a guarantee that you will encounter an upfront resale scammer if you are attempting to sell or rent your timeshare. Sadly these scams have become so popular, they are regularly listed in the top 10 scams by Attorney Generals offices and the BBB year after year!

Hopefully you have read the TUG Scams and Fairy Tales advice article, but if not and you are the victim of an upfront fee scam, your options are limited but they at least exist!

STEP 1: SEND A LETTER DEMANDING A REFUND

In many cases, the squeaky wheel always gets the grease, so if you are persistent in calling and emailing and sending actual letters, you stand a chance of getting a refund!

This sample letter was provided by Judi Kozlowski, a licensed timeshare resale broker who has been in the industry for many years and fights to shut down these scammers with her organization the . Licensed Timeshare Resale Brokers Association

We urge anyone who is the victim of an upfront fee scam to follow all the steps detailed below after sending this sample letter if you do not receive your refund or a reply in a timely fashion!

SAMPLE LETTER TO SEND TO A TIMESHARE UPFRONT FEE SCAMMER:

Dear (Insert Business Name Here),

We will be reporting you to the following people if you do not return our money. What you have done is fraud.

  • The Attorneys General Office in (the State you live in), (the State the timeshare is in) and the( State the Scammer is in).
  • We are also calling the police in (same as above, both locations).
  • We are going to report you to our (VISA/MC/AMEX/Discover) and have them report your fraud to your merchant account.
  • We are going to the following sites to report your scam:
  • Timeshare Users Group Forums
  • ARDA.org
  • Better Business Bureau
  • Ripoffreport.com
  • Every social media page we can find with your name on it (facebook/twitter/linkedin)

We do not want any phone calls from you. All we want is our money returned. You have lied, misled and committed fraud. We demand a refund to our credit card immediately and will be disputing this charge with them immediately.

Note: While TUG certainly cannot guarantee the success or failure of the above letter, it certainly gives you an option in which to attempt to obtain a refund from the company that scammed you out of the upfront fee. The squeaky wheel gets the grease! Remember, these companies mislead and lied to you in the first place, if your initial request for a refund goes unanswered or is denied, this letter may be a last resort for you to get your hard earned money back!

This posted by jayjay on RedWeek

2009 – that’s how long this has been going on!

Someone that’s been taken by any upfront fee scam company in the state of Florida needs to copy and paste that statute and then report the scammers to the law ASAP ….. my mission is to put every upfront fee resale/rental timeshare company completely out of business …. this is certainly a good way to start.

Bottom line, never, ever pay a timeshare resale company an upfront fee in the hundreds/thousands of dollars to list your timeshare in a database that no one will ever see …. you’re throwing your money away AND you’ll never hear from them again.

https://www.redweek.com/forums/messages?thread_id=16239

Inside Timeshare received timeshare member complaint number 302 today, 44 since January 1.

If you have a timeshare concern, contact Inside Timeshare or one of these US member supported, non-industry influenced Facebooks and websites:

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/

sos

Timeshare member Karen Krokosh reached out to Sell My Timeshare Now and here’s what happened to her:

http://insidetimeshare.com/tuesday-slot-irene-5/

Thank you Irene and also Mike Finn, thanks also to all who have contributed to this weeks article.

If you have any questions or require any information on this or any article published, please contact Inside Timeshare. We are here to provide the best and informative information possible.

Centaurus Mediation SL and the Silverpoint Link

Centaurus Mediation SL is a new company based in Tenerife, it is engaged in cold calling timeshare owners, cold calling is not in itself illegal, but it is the nature of the calls and the owners being targeted.

The company was registered in Spain on 31 October 2017, with the website registered on 2 November 2017, yet according to them they have already achieved the following successes

  • 327 Mediations
  • 151 Relinquishments
  • 97 Successful Claims
  • 64 Agreed Terminations.

Not bad going for a company that is only 3 months old! (PDF Company records) below

CENTAURUS MEDIATIONS SL, SANTA CRUZ DE TENERIFE

The sole administrator is Caroline Hiberry (obviously just a front name) who has featured as the administrator to several other “dubious” companies

As for the owners being targeted, they are all Resort Properties / Silverpoint owners, not really a problem until you realise that Centaurus Mediation has all the details of these owners including the facts they have either started legal action or have already done so against Silverpoint.

This leaves us with some very important questions, where has the data come from, who has supplied it, and what data protection laws have been compromised?

In our mind, there are only these explanations, either the data has been stolen from Silverpoint, by a member of staff, or Silverpoint have set up these companies and provided  their membership database.

The latter seems the more probable, especially when you find out the nature of the calls.

In the call, one name that has come up is the agent known as James, he explains that his company can get them out of their membership from Silverpoint, that Excel have now taken over and that no one will ever get any compensation. The only way out is to let Centaurus to do it for you. Obviously this is going to be for a fee.

In another call, the agent knew that the client had already won their case at the Supreme Court, that they would get nothing and the only way to cancel the contract was for Centaurus Mediation to do it for them, as the court have no authority to cancel the contract.

This is untrue, the courts have declared the contracts null and void, there is nothing to cancel, having confirmed with Canarian Legal Alliance that the enquiry received was a genuine client of theirs, they confirmed that the contract had been declared null and void. They were asked to explain what this means.

Very simply, null and void means that it never existed, that everything reverts to the state before the contract was signed, the timeshare reverts back to the company, all money paid by the consumer is then returned. The contract and agreement never existed.

So what do we make of all this, here we have a company contacting specific timeshare owners, using a database that could only have come from Silverpoint, a company that has sold packs of weeks as investments that never materialised. Now this company is demanding payment to get the owners out of their contract, using very dubious methods and tactics.

Sometime ago Inside Timeshare also reported that Mark Cushway and Silverpoint had been negotiating with Timeshare Claims Solutions now known as Claims Solutions Group in Aberfeldy Scotland, to supply their client list and TCS or CGS would carry out the relinquishments.

So now we have a report that Silverpoint have set up two companies in Tenerife , Centaurus in Los Cristianos and another in Playa de Las Americas, the name of which has yet to be revealed. We also know they have closed their sales decks, that two names have come up in conjunction with running the new office for Centaurus, Carl Jenkens and Ruben Miller.

We must admit, they have been very clever in keeping any documentary link separate and difficult to find, but anyone with any sense would see through the client database. After all if a company was illegally using your client data, would you not take legal action?

So we now ask the question what is the reasoning behind all this?

Over the years Resort Properties / Silverpoint have been raking in the profits from their “investment” program, many people have been taken in by it, many have lost everything, others are still paying the price. Since January 2017, the Supreme Court has ruled on about 30 cases against them, declaring all contracts null and void and returning in many cases double the amounts originally paid by consumers. The lower courts are also ruling on an almost daily basis.

Silverpoint have obviously decided the only way to avoid any further litigation and huge losses is to allow people to get out, but why not make some money out of them first! We have had them once, lets have them again!

If you have been contacted by Centaurus Mediations SL or any other company using the same technique, let us know the details and we will publish the information here.

Need any help or advice on checking a company that has contacted you or you may be thinking of doing business with, then contact Inside Timeshare and we will point you in the right direction.