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Madrid

Martin Zabala Abogados, Appointed by the Court in Las Palmas!

Today’s article is a warning to readers about a new “Law Firm” contacting UK owners of Palm Oasis in Gran Canaria. One of our readers contacted us after being contacted and receiving a letter from Martin Zabala Abogados Asesoria, based in Madrid.

The address given is Calle Velazquez 15 -1, Escalera Derecha, 2008, Madrid, telephone number 0034 911 01 34 24, also using the same number for the Fax. They give two email addresses on the letter: [email protected] & [email protected]

We have found an entry for this company in company records, registered on 20 July 2016, with the CIF number B87615928.

One problem we have found is in the email addresses, the [email protected] actually belongs to a genuine law firm based in Barcelona called Martinez-Zurita Abogados Asociados.

The address on company records is: VIA AUGUSTA, Nº 246, 5 08021,Barcelona, with the CIF: E64299092, they have a website:

http://mzabogados.com

The law firm was founded in 2000 and shows all the lawyers and partners on the Team section, having checked on the Centro General de Letrados, which is the official register of all lawyers in Spain, all the names are members of the Barcelona Bar Association, so this is a genuine law firm. They have also been informed of the use of their email address.

So what makes this outfit in Madrid so suspicious?

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Firstly the letter is signed by Jasmine Phillips, Lawyer at Martin Zabala Abogados, but no trace of her can be found in the official lawyers register.

Secondly it is the nature of the letter sent to Palm Oasis owners, the second paragraph reads:

“The court of Las Palmas has approved our office to aid all agreement holders residing in the United Kingdom. As Mediators, we are advising all members of the holiday resort of the ruling in their favor and to handle all outstanding claims of the injured parties.”

So they have been “approved” by the court in Las Palmas have they?

Well we know that the courts do not farm out these cases to outside companies or approve such companies to act on the courts behalf. We then have the fourth paragraph where they state that:

“Due to the material misrepresentation, aggressive selling methods, failure to revoke the right of withdrawal and in some cases, no right of revocation, all contracts concluded between 1994 and 2009 have been null and void.”

Not quite accurate, the laws which are being used by genuine law firms to claim and have contracts declared null and void, did not come into force until 5 January 1999 and are known as Ley 42/98.

Although they do say they will make no charge for their services as these are paid by the defendant, you the client are not exempt from court fees, these have to be paid directly to the court and not their company, also they will not exceed 12% of the settlement amount. All very strange indeed. What is the betting the amount will have to be sent by bank transfer to a fictitious court address?

Another fact from the letter is regarding the owners documents, they want them sent by fax or email clearly marked as copies, so they can ensure swift processing of applications.

Not the usual procedure to take a case to court, which requires original documents which then have to be translated into Spanish, a Power of Attorney needs to be signed, the case then has to be prepared on an individual basis by a lawyer (no class actions in Spain), the case is then filed by a Procurator at the court. We then have to wait for a pretrial judge to review the case and if eligible sending it for a full trial hearing. None of this is a quick process.

No doubt the main sting will come later in the process, which if like other cases we have highlighted will entail the owners receiving a letter to say their case has been won and many thousands of pounds have been awarded. Unfortunately, before the court will release this money a “TAX” will have to be paid, again probably by bank transfer to another company dealing with the “TAX” or the same fake court address. That will be the last you hear from them and yes your money has gone!

Inside Timeshare reminds all our readers and those coming across our pages looking for information, beware contacts from companies, law firms etc with these wonderful promises, check and check again. If you are unsure on how to do this contact Inside Timeshare and we will help, remember doing your homework before taking on the offers or paying any money will save you in the long run.

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Litigious Abogados: The Family Gets Bigger!

This family is certainly growing fast, the fake law firm from Tenerife has given birth to another fake lawyers office.

This one is called Armando Gareca Abogados, this one also has an office in Madrid as well as Tenerife, and according to their website, they are also engaged in law practice in Argentina.

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armando-gareca-abogados-armando-gareca

Armando Garcia

The website was created on 20 May 2017 so is only 12 days old, the owner is also hidden by a privacy protection service.

http://armandogarecaabogados.com/

It is exactly the same layout as all the others, with some new photographs added, one in particular shows a “lawyer” with the Argentinian flag behind him. They also show several official logos just to add credibility to their “firm”.

armando-gareca-abogados-agustin-bigote-pringata

Agustin Bigote Pringata

The scenario is the same as all the others, your timeshare company is being taken to court and you can be included in the case, you only have to pay the procurator fees to be included. Then, yes, you have guessed it, within weeks you have won your case and the cheque is waiting for you. But to receive this wonderful cheque you have to pay the “TAX”, probably the same amount as we have seen with the others, 10% of the awarded amount.

armando-gareca-abogados-balthazar-fermid-nisberas

Balthazar Fermid Nisberas

armando-gareca-abogados-domingo-barlotes-miriendel

Domingo Barlotes Miriendel

armando-gareca-abogados-juan-firmid-mantadiz

 

 

 

 

Juan Firmid Mantadiz

The address they give in Tenerife is:

38002, Edificio 14, Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, Spain

This address is the same for Abel Garcia and Abogacia Española, mentioned in previous articles, with the following telephone numbers:

For Tenerife:

Telephone: Freephone: 0800 802 1 885

Tenerife: 0034 822 680 067

For Madrid:

Calle del Halcón, 36, 402c, 28025, Madrid

Telephone: Freephone: 0800 802 1 778

Madrid: 0034 910 604 232

For Argentina:

Alsina 478, Salta, Argentina

Telephone: Argentina: 0054 387 480 0324

They also show 2 email addresses:

[email protected]

[email protected]

The letter which you receive tells when the firm was founded, must admit it is an exact date, Wednesday 27th June 1990. Wow, to be able to remember the day is really impressive. They also give their CIF number (Codigo de Identificación Fiscal) AS201411031, which if their past ones are anything to go by is fake.

This letter opens with an apology for contacting you in this manner, but it was deemed necessary as the number of complaints received by the European Complaints Authority has increased dramatically over the past 12 months. A body which if you google it, doesn’t actually exist.

It then goes on (3 pages worth) about the changes in timeshare law, and how greedy the timeshare companies are, (well we do have to agree with that one). But one of the best paragraphs is where they talk about “bogus and Fraudulent companies”, so are they talking about themselves?

Click on the link below to see the letter.

Armando_Gareca_Abogados redacted

There is a new name signing this one; Ramon Quajada Canil, sounds familiar, or is it just another take on the following names from the other members of this “family” (breeding like rabbits):

Ramon Quilnar Canal for Litigious Abogados

Ramon Quenan Cansal for Litigr Abogados

Ramon Quilon Climol for Abogacia Española

Ramon Quena Cinol  for Abel Garcia

At the foot of letter they also shows other official looking bodies, such as Asociación Española de Asesores Fiscal; Asociación Economistas, Colegio de Santa Cruz de Tenerife; Asociación de asesores Fiscales de Canarias.

Don’t be fooled by all this, it is one very clever and well thought out fraud, with new law firms popping up all the time. We just wonder how long before the next one is born!

LIT

If you have had any contact from any of the “Firms” related to this, Inside Timeshare would like to hear from you. Do not be fooled by the amounts they say is there waiting for you. Spain does not operate under no win no fee, and to get a case to court will much more time than this lot would have you believe. The other fact to take into consideration is the name given as a director for all the timeshare companies CLC, Silverpoint, Diamond etc, is the same, Kevin Baker or Kevin Balker, who pleads guilty every time.

For more information on the other articles search Litigious Abogados in the search box at the top right of the page.

Remember, do you homework, if you are not sure contact Inside Timeshare and we will point you in the right direction.

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Solutions Group, Still Going?

Around three years ago a company came up on the radar called Simple Solutions, this was part of the Solutions Group registered as XYZ Solutions SL. This company is based in Tenerife and was registered at Avenida Del Claudio Delgado Diaz 101, Las Chafiras, San Miguel De Abona, 38620. CIF Number B76558519 and telephone numbers 0203 137 7214 & 0203 137 3970 also using an email address [email protected], the website they quoted was www.consumeract75.co.uk which was registered to Global Solutions at the same address.

 

There was also another company apparently based in Madrid called European Consumer Complaints which used the same www.consumeract75.co.uk  website.

claim01

The nature of the business was claiming for breach of contract, misrepresentation and mis-selling of timeshare and discount holiday clubs such as Incentive Leisure Group and Designer Way Vacation Club. These claims would be made under the Credit Consumer Act 1974, Section 75, there was also an upfront fee which was payable via bank transfer.

 

It now seems they are back, this time as Solutions Ltd, which is supposedly a UK registered company, yet no trace can be found at Company House. The telephone number is the same one used by Simple Solutions and XYZ Solutions, 0203 137 3970 also using the same email address [email protected]. The address given this time is: Calle Luciano 5D, San Miguel, 38369, the address is genuine but looking at street view on google maps, there is no sign of any company such as this and is right on the corner of the original address

 

The operation is the same as before, claims against timeshare companies using the Credit Consumer Act, again for breach of contract, misrepresentation and mis-selling. There is still an upfront fee which is payable by bank transfer to a Santander bank account.

section 75

Inside Timeshare has also been informed of one lady who believed that her timeshare resort had gone bankrupt several years ago, this was after she had received a call from one of the original companies. She then stopped paying her maintenance fees thinking she no longer owned, now she is getting demands for payment of the arrears. The resort was a Heritage Resort in Marbella.

 

Now she has had a call from Solutions Ltd to pay them to make a claim, luckily because of the demands from Heritage, she has realised the original call several years ago was a ruse to get her to pay for a claim.

 

It is important to remember to make your checks before dealing with any company that claims your resort has gone bankrupt or closed down, or that you can get a refund via section 75 for an upfront payment. Also never pay anything using a bank transfer, cheque, paypal or even a Western Union, once any payment is made in this way your money is gone. If you do need to make any claim for any payment using section 75 it can be done yourself, your bank, citizen advice or one of the following websites can help you do this:

 

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

http://insidetimeshare.com/claiming-money-back-credit-card/

 

If you need any help in finding information about any company, contact Inside Timeshare, if we know of them we can pass on the information. If they are not known to us then we will research them for you or tell you how to find out for yourself. It pays to do your homework and keep your money safe.

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