Browse Tag

Manuel Hidualdo Abogados

The Tuesday Slot from Canada

Today’s article from Canada by Patrick Cormier is about Intrawest sales practices to Club Intrawest members.  The complaint in the lawsuit concerns the immediate and extreme devaluation of points after purchase from the developer, providing little to no resale value. Diamond Resorts acquired Intrawest Resorts in 2015 and continues the practices leading to this devaluation.

https://www.businesswire.com/news/home/20160129005913/en/Diamond-Resorts-International-Completes-Acquisition-Intrawest-Resort

Diamond Resort members in the US have learned their points are virtually worthless on resale. Many Inside Timeshare readers tell us they have been told points would be easy to resell and points will increase in value. In response to one of our reader complaints, a Diamond Vice President’s response was, “We’re not responsible for anything our sales agents say.”

This is the very reason Inside Timeshare is so important and why every timeshare member needs to be an advocate, reaching out to the general public to warn the general public that timeshares official position in several companies seems to be, “We’re not responsible for anything a sales agent says.” This is indeed a green light to lie. With little to no enforcement of timeshare regulation, timeshare sales and marketing fraud continues unchecked.

https://www.citheownersgroup.org/

Following on from yesterday’s article where we identified the genuine lawyers from their photographs used by the “FAKE” Legalidades Abogados, we have now identified another three from the previous “FAKE LAW FIRM” Manuel Hidualdo Abogados article published in March, both of these are from the Litigious Abogados family of “Fake firms”.

http://insidetimeshare.com/thursday-roundup/

manuel selando hidualdo

The first is the “founder” of the firm, Manuel Selando Hidualdo, the actual person is:

Miguel Ángel Pardo Falcón

Graduado Social Diplomado (1988/1990).

Colegiado nº 924 por el C.O.G.S.S. dese 1993.

Of Bolonia Abogados based at the following address:

Avenida San Francisco Javier, 24, 9ª, 12 – Edificio Sevilla I – 41018 Sevilla

https://boloniaabogados.com/quienes-somos-en-bolonia-abogados/

francisco fralja sobanem

The second one named as Francisco Fralja Sobanem on the “fake” website is in fact a Mexican lawyer called Angel Prieto, who owns his own law practice on the Yucatan Peninsula

Av. Sunyaxchen lotes 56 y 57

Sm 24, Mz 28

Edificio Siglo XXI oficina 209

Cancún, QR

México 77509

+52 (998) 251-7010

http://www.angelprieto.com/attorneys.html

emilio derlanta cantelar

Our third identification is named as Emilio Derlanta Cantelar, but is actually a US Lawyer named David J. Winer, from the law firm Winer & Winer, based at:

Law Offices of Winer & Winer

9 N County St. #100

Waukegan, IL 60085

Tel: (847) 336-9111

Fax: (847) 336-4182

http://winerlawoffice.com/attorneys/david-winer/

Obviously these gentlemen have no idea that their images are being used for fraudulent purposes, well they will do now!

We shall be keeping an eye open for the next incarnation that they come up with, we will also identify any other photo of their so called lawyers with the genuine person.

Now on with our Tuesday article from Canada.

quebec

Quebec Superior Court Authorizes Class Action against Intrawest

Intrawest ULC owns, operates, and manages mountain and beach destination resorts in North America and Europe. The company also manages heli-skiing operations, and golf and beach resort clubs. In additions, it provides resort real estate sales and marketing services for various destinations; rental management services at various resort locations; and vacation reservation services with information on accommodations, air and ground transportation, destination, virtual tours, vacation guides, activities, entertainment, and places to dine. Further, Intrawest ULC engages in real estate development operations. Intrawest ULC was incorporated in 1979 and is headquartered in Vancouver, Canada.

https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=361001

April 10, 2018

PATRICK CORMIER·TUESDAY, MARCH 20, 2018

https://www.citheownersgroup.org/class-action

On March 20th, 2018, the Superior Court of Quebec released a decision by Hon. Anne Jacob certifying a class action to proceed against Intrawest ULC. The full text of the decision is available here (available in French only). What follows is a summary of key information.

What has been authorized by the court? A lawsuit in reduction of price paid to Intrawest UCL, compensatory damages and punitive damages in relation to alleged illicit sales practice in relation to becoming a Club Intrawest member and to fees that were allegedly not disclosed at the time of purchase.

Who are the potential class members?

Potential class members are individuals that have purchased points directly from Intrawest in Quebec, with the exception of such individuals having sold their points before 2007. So, if you purchased your points from the developer in Quebec and have not sold those points before 2007, you currently stand to be eligible.

What does it mean for a class to be certified? It means that Martin Robichaud will be allowed to proceed in his suit against Intrawest as a representative of a larger class of individuals. Should he be successful, it means that the remedy obtained by him will also be available to similarly eligible class members. By certifying this class action, it means the court believed the four following conditions were met:

  1. The factual context of members is identical, similar or connected.
  2. Allegations appear to justify the remedy sought.
  3. The composition of the class would not make it practical for individual members to individually or jointly sue the defendant.
  4. The representative member (Mr Robichaud in this case) can ensure adequate representation of other members.

What are the facts underpinning this case?

Mr Robichaud’s case is in relation to the purchase of 160 points for a total price of Cdn$30,560 in 2009. At the time, Mr Robichaud (like so many of us) believed, according to the explanations offered at the time of sale, that should he wish to re-sell at a later time, he would essentially recoup his investment. There was also the purchase of 300 additional points on the secondary market also in 2009.

In 2014, five years after the initial purchase, he asked about the repurchase program. He was also informed at that time about the need to sell his points to another member with a minimal price per point failing which there would be no Extraordinary Escape (EE) privileges attached to the points sold.

The circumstances under which Mr Robichaud attempted to sell his points or have the points repurchased led him to believe the 160 points he originally purchased had been severally devalued because of undisclosed facts at the time of purchase and subsequent decisions and actions by Intrawest ULC.

What are the issues raised in this class action?

Mr Robichaud is asking the court to answer many important questions, including:

  • Has Intrawest used prohibited sales practices? Should this be the case, should Intrawest be reimbursing members or should members be entitled to a reduction in the price paid?
  • Should members be entitled to punitive damages because of their alleged breach of the Consumer Protection Act (Québec)?
  • Should members be dispensed from paying annual fees because they do not own the properties?

What is the remedy sought by this class action?

Mr Robichaud believes the points have been devalued by approx 75% because several keys facts were not disclosed to him in accordance with the Consumer Protection Act of Quebec. He also believes he should not have paid the annual fees. He therefore asks the court:

  • A 75% refund of the price paid in relation to the original purchase of 160 points from Intrawest ULC;
  • 100% of the annual fees paid to date for all points;
  • Punitive damages ($5,000).

What are the next steps of this class action?

There are a few additional minor procedural steps before the case fully proceeds. The Volunteers Coordinating Committee (VCC) will keep the Club Intrawest Owners Group (CIOG) posted as details are known to us. We have a good relationship with Mr Robichaud and are already supporting him, for example, by sharing aggregate member survey information.

What are the next steps of the VCC?

We welcome this highly sought after decision as a key milestone that will significantly influence and inform the refinement of our legal strategy. Broadly speaking, the major areas of further analysis are:

  • Assuming the case of Mr Robichaud succeeds, how could the remedy be extended to purchases of points outside of Quebec?
  • Develop a fully informed legal analysis, taking into account the Robichaud class action and its repercussions, and table options to the membership in the form of proposals at a first AGM of the future Embarc Owners Association, a new association in the process of being created by the VCC.

Stay vacationed, but stay aware!

Patrick Cormier, B.Sc., B.C.L./LL.B., CD VCC Team Leader

Related articles:  Club Intrawest v. CanadaMust Pay Millions in GST Back Taxes

Club Intrawest (Embarc)Timeshare

http://insidetimeshare.com/fridays-letter-canada/

https://www.businesswire.com/news/home/20151125005060/en/Diamond-Resorts-International-Acquire-Intrawest-Resort-Club

Thank you Patrick for your contribution, this does show that timeshare owners / members the world over are being subjected to some very dubious practices, we are all in this together, it is only through articles such as this will we ever see any change.

If you have any questions or comments about this or any article published, contact Inside Timeshare through our contact page.

For those readers in Europe, if you have been contacted by a law firm from Tenerife that tells you your timeshare resort / company is being taken to court and you can be in on the action, please do let us know, especially if it sounds like one of those we have been highlighting.

It is through your information that we can research and report as to the legitimacy of these companies, warning others to beware. Remember to do your homework, it will save you in the end.

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Thursday Roundup

It was only a matter of time before another new name appeared in the “fake” lawyers family of Litigious Abogados, this one is called Manuel Hidualdo Abogados.

Home

 

manuel-hidualdo-logo

The website apart from a new logo is exactly the same as all the others, although they did seem to get the opening line wrong on this one, it states that  “Our company was founded Monday 26th July 1990 by Manuel Selando Hidualdo”, that date in 1990 was in fact a Thursday, not quite attention to detail there!

manuel selando hidualdo
Manuel Selando Hidualdo

On the website which was registered 16 January 2018, only a few months ago, they still maintain they have had 15 years presence on the internet, strange how we have never come across them before?

It also shows some new photographs of the lawyers with new names, which once again are very strange names indeed, with a play on some of the older ones. Obviously the photographs of the lawyers are just downloaded from the internet, which you find when searching images of lawyers.

emilio derlanta cantelar
Emilio Derlanta Cantelar
francisco fralja sobanem
Francisco Fralja Sobanem
placido lisbares lomen
Placido Lisbares Lomen

The address is one we have seen before on the website for Abogados Canarias:

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

Again a search on Google street view shows the address is genuine but again, according to the two plaques on the wall for the Abogados that reside there are not this one. So do those genuine lawyers know their address is once again being used by this fake firm?

They give two telephone numbers:

Freephone: 0800 802 1746

Tenerife Tel: 0034 822 685 013

The email addresses given are again not linked to the website but are for consultant.com, which as we know is just another free email address provider.

email: [email protected]

email: [email protected]

Obviously the scenario is going to be the same as before, timeshare owners will be cold called with the wonderful news that their timeshare resort / company is about to be taken to court, and for a small fee, probably around £1000 they can be part of the court case. This money will probably have to be paid to another fake Procurador via bank transfer. As yet we don’t have a name for this individual, but no doubt another great name will emerge.

Then in a few weeks, the lucky owner will receive notification that the director of the resort / company has once again pleaded guilty, with the court now holding many thousands of pounds just waiting to be sent to them. Obviously, there will be a tax and fees to be paid before this can be released. Along with this good news, the owner will receive a forged court document and a photocopy of the cheque with their name and the amount they will receive. We wonder if it will be on a Banesto cheque?

Once again Inside Timeshare warns its readers this is an elaborate and sophisticated fraud, designed to strip you out of thousands of pounds. Do not be taken in by this, you did not instigate these legal proceedings so you have not got any money being held by the court.

If you are contacted by this firm or any other with a similar story, then contact Inside Timeshare, all your information will go to help others.

Returning to the TESS, David Cox and Mark Rowe story, Praetorian Legal have published a warning about Mark Rowe on their website. As we reported recently Praetorian Legal have been subjected to many attacks by TESS and Mark Rowe’s TCA (Timeshare Consumer Association).

These two organisations have been vehemently attacking anyone who speaks out about them, Inside Timeshare and Canarian Legal Alliance have also been attacked. Obviously these attacks are to take the heat away from them, we know that Mark Rowe and his companies are being investigated by the Regional Organised Crime Unit of Avon & Somerset Police. Must be very serious for this unit to be involved. The question is are TESS and David Cox also being investigated, after all Cox did have a contract with Rowe?

Read the Praetorian Legal post below:

https://www.praetorianlegal.com/warning-mark-rowe-owner-timeshare-consumer-association-monster-rewards-companies/

Just to rub it in to David Cox, who believes that the “victories” Canarian Legal Alliance have had in the Supreme Court are not “real”, CLA announced another two rulings from Spain’s Highest Court along with another 9 from the Courts of First Instance and High Courts.

First we start with the two Supreme Court rulings, these are numbers 98 and 99, they involve two timeshare operations, Silverpoint in Tenerife and Tasolan in Gran Canaria.

Once again both contracts declared null and void, with over 165,000€ being returned to the clients by the court.

There were four First Instance rulings against ANFI Del Mar and Silverpoint, resulting in over 114,000€ being returned along with the contracts being declared null and void.

The five High Court sentences were once again against Anfi and Silverpoint, with over 145,000€ having to be returned, contracts were also declared null and void.

So Mr Cox, if you still believe these are not real, show your evidence.

Just to finish, one of our regular readers and internet searchers sent us a link which is rather comical, it is from Timeshare.lawyer, another Mark Rowe company linked with ABC Lawyers. In this piece titled “The Scandal Around Loans for Timeshare Purchases”, it goes on about the loan agreements arranged by timeshare sales staff for the purchase of timeshares.

It is the third paragraph which made us laugh,

“What’s even more disturbing is that, in many cases, those unscrupulous timeshare sales staff have provided false information on the finance documents in order to get them approved. When assessing the finance documents, people have found that their income had been entered incorrectly, and furthermore, the loan had been granted for ‘home improvements’ – not timeshare! This is fraud, committed by the sales staff and inculcating the signees without their knowledge.”

https://www.timeshare.lawyer/loans-for-timeshare-purchases/

Hang on a minute, did this not happen to hundreds of Resort Properties / Silverpoint clients during Mark Rowe’s watch as “Sales Director”?

Well we know it did as there are High Court (London) actions against Barclays Partner Finance brought by Stewarts Law and Edwin Coe, for loan agreements arranged by sales staff on behalf of Resort Properties / Silverpoint clients.

Now it would appear his company is going after the banks, in the article they go on about Shawbrook Bank setting aside £9 million for loans which have been incorrectly approved, with the Finance Director resigning after the news broke, this is a little out of date as Inside Timeshare published that story in July 2016 within days of it being made public:

http://insidetimeshare.com/shawbrook-bank-announce-irregularities-timeshare-loans-similar-activities-usa/

So there we have it, nothing surprises us in the world of timeshare, there is always something going on.

If you have any questions on this article or just need some information about any company that has contacted you, get in touch with Inside Timeshare through our contact page and we will provide you with details on how to check them.

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