Browse Tag

Mark Rowe

Start the Week: More Information On Fake Law Firms

Welcome to our first article of the week, once again it is a warning about the “fake” law firms that are operating out of Tenerife, ADN Alberto Dlendro Nabalez, Litigacionesespaña SL and Litigaciones SL, all part of the Litigious Abogados family.

http://litigacionespanasl.com

http://litigaciones.com

This information has been supplied by one of our readers who has been contacted by them, but there is now a new aspect to how they are operating. As we have explained before, the initial contact is to inform the owner of a pending court case against their timeshare resort / company, now to be part of this action, a “procurator” fee is required to be paid by bank transfer. The case was to be against Marriott Marbella Beach Resort and Marriott Son Antem SL, with the director being named as Marcos Row, ( we wonder if this is a play on Mark Rowe). The case was lodged on 9 October 2018 and a hearing set for 30 October at 12.20pm in Court No 5 Santa Cruz de Tenerife. Very quick indeed. It must also be pointed out that Marriott did not sell in Tenerife, only Marbella and Mallorca, so any cases would need to be brought at those respective courts, not in Tenerife.

Now our reader refused to pay this fee, and told them they were not interested, then on 31 October they received an email from Litigaciones SL, another “fake” firm informing them that the court case had been heard and they had been awarded over £34,000 by the court. All this even though they did not pay the initial “procurator” fee!

This award is to be paid by bank transfer or personal cheque, once they receive confirmation from the court that the funds can be released. No doubt there is going to be an “tax” which needs to be paid first, going by the previous accounts we have received this is going to be around 20% of the awarded amount.

The “Procurator” is named as Miguel Cioban Alinas with the address

Calle Las Guarras No. 2, Edificio, Tijeras, 269, Santa Cruz, Tenerife

Which does not come up on any searches, so is more than likely a fake address.

He also has the following website

http://procuradores-alinas.com/

Registered on 1 October 2018 and is due to expire on 1 October 2019, once again only registered a few weeks ago and running for only 1 year, the registrant is again hidden by a privacy company.

They also give the email address as

[email protected] yet another free email provider. The website provides no telephone number and gives very little information.

The account where the fees should be transferred is in the name of Miquel Cioban Alinas, it is a branch of BBVA, with the bank address of Parque Santiago, 2, 38660, Santa Cruz De Tenerife, there is a bank at this address although it should be Parque Santiago,2 38660, Arona, Tenerife.

The IBAN number is ES96 0182 5928 1002 0158 0390

Bic Number is BBVAESMMXXX

We do know that at least 25 other owners have been contacted with this same case, Inside Timeshare does have the names, but as yet we are unable to trace them.

Below are PDF files of all the documents received by our reader, they are all “FAKE” including the court document. If you have had a call or received any similar documents via email, please note they are a very sophisticated fraud, they are also very similar to the documents all the other incarnations this group has been using over the past 3 years. Each incarnation runs for only around 3 to 4 months before a new name appears.

Timeshare Claim

Timeshare_Claim redacted

Prevous articles

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

http://insidetimeshare.com/start-the-week-litigaciones-sl-a-new-name-in-the-litigious-abogados-family/

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

http://insidetimeshare.com/fridays-letter-from-america-29/

If you have received any calls, emails with documents which resemble these, then use our contact page and get in touch, do not pay anything, you will never see any of the money again.

Remember, doing your homework first will save your hard earned cash.

Friday’s Letter from America

Welcome to the last Friday’s letter from America for August, this week Irene Parker reviews the similarities between victims of the Catholic Church and Timeshare victims, it looks at how speaking up can make a difference. But first a couple of items from Europe.

Another company offering discounted travel has come to our attention, Advantage Group British Travel SL, according to Spanish company records the registered address is:

C/ LA GAVIOTA 14 – APARTAMENTO 1-19, LOS ABRIGOS (GRANADILLA DE ABONA)

This address is actually an apartment block, no sign of any office in the street.

Telephone number (34) 922 456 773

The company was registered on 24 October 2016 with the administrator being one Victoria Hughes and the secretary one Caroline Elizabeth Docker.

It appears that they use OPC’s on the street with the ubiquitous scratch cards to lure holiday makers into a presentation. This will involve several hours of high pressure sales to get you to part with a significant amount of money for a membership to another dubious “discount holiday club”.

You will then get access to the following website

www.toptraveleurope.net

This can only be accessed once you have joined and received your code and membership, there is also a £75 a year administration fee.

Now the name of this company reminded us of another several years ago called British Travel based at the Centro Comercial Fañabe Plaza, which is also the base for Monster Travel, Sell My Timeshare and other Mark Rowe enterprises.

The director of British Travel was Paul Hughes, which was also a “discount holiday club”, but was pitched as a travel agency, where you could get discount from 25% to 80%. Obviously Victoria Hughes is more than likely his wife and is now the  front for this company, we also know that Caroline is linked to paul as they are facebook friends.

So beware the ticket touts and the offers of great discounts!

We have also been informed by one of our regular readers who had dealings with the fake law firm in tenerife, Legalidad Abogados, part of the Litigious Abogados family, of another email being received about his court case against Diamond.

This has caused us a great deal of hilarity, the case was supposedly heard on 24 July 2018 and the director of Diamond Resorts International pleaded guilty, just like all the timeshare directors in these cases from this fake outfit. You will never believe who they named as the director, MARK ROWE!

Well we all know that Mark Rowe is not a director at Diamond, he runs his own little empire featuring Monster Credits, Rewards and Travel, Hollywood Marketing and off course ABC Lawyers to name but a few.

So if you are reading this Mark, congratulations on your employment at Diamond and what a shame you ended up in court!

Now for today’s article.

Timeshare Predators compared to Catholic Predators

By Irene Parker

August 31, 2018

There are many good Catholic priests, sisters and nuns, especially Benedictine Sister Joan Chittister of Erie, Pennsylvania, speaking out on what has been the pervasive Catholic culture of institutional cover-up.

Sister explains,   

Pedophilia, the abuse of children, has finally unmasked for all to see the operational principles of an organization that has been able for years to ignore, reject– even disdain–the cries of multiple other groups of the ignored and abused.

It is clear now, in ways it was never clear before, how much damage is done to the church itself, ironically, by the kind of silence that makes it impossible for the church to admit its weaknesses, to deal with its questions. . http://www.joanchittister.org/

Something clicks inside a victim when they have had enough. Some timeshare companies employ the same tactics as the church. As timeshare members alleging fraud read through this, they will have no trouble seeing similarities. I advocate on behalf of timeshare members alleging fraud, alongside 44 Timeshare Advocacy Group™ advocates.

The Catholic scandal ultimately led me to timeshare advocacy. Turning anger over child abuse outward led me to CASA, Court Appointed Special Advocates for children in foster care, where I learned how to write court reports for Family Court. When timeshare members contact me, their complaints are often confusing and lengthy. I listen to their allegations, transcribe, and return to them their complaint in court report format. Other advocates answer questions that come up when members need to file regulatory complaints

A life’s journey can take many twists and turns. My life changed dramatically after a trip to Peshawbestown, Michigan to meet with tribal spiritual director and peacemaker Paul Raphael of the Grand Traverse Band of Ottawa and Chippewa Indians. Peacemaker Paul was one of nine male children who attended the Holy Childhood School of Jesus in Michigan where Indian boys were sexually abused by three School Sisters of Notre Dame nuns in the 1960s and ‘70s. I contacted him after reading a four part article about the abuse. By part four I was livid.

Unholy Childhood, June 29, 2008

https://www.northernexpress.com/news/feature/article-3760-unholy-childhood/

Grand Rapids Michigan investigative reporters met with Sister Laura Jean Spaeth of the School Sisters of Notre Dame in Milwaukee. Sister Spaeth was skeptical about the credibility so the reporters interviewed a total of 80 former students to verify the abuse.

“My answer was if it was just one person, that would be a legitimate argument — but we interviewed 80 people and we heard a consistently recurring story,” Golder said. “And it was troubling to me that the leaders of the order, sought to dismiss what we were saying based on the other problems in their lives,…but it was clear to me, as people told the same stories over and over, that it established a pattern that was factual.”

In 2008 I was practicing for a pipe organ exam at the cathedral for an American Guild of Organists exam. Patrick Cooney was Bishop then. Stunned after speaking with Peacemaker Paul, I wrote Bishop Cooney a letter asking if I could arrange a meeting. Peacemaker Paul resisted saying, “How will that help us?” I said it wouldn’t but it would help the Bishop because he cares and hearing directly from Peacemaker Paul could possibly help Bishop Cooney stop a potential abuser.  

Wounded Souls July 8, 2008

https://www.northernexpress.com/news/feature/article-3251-wounded-souls/

“There have been up to 400 reports nationally of sex abuse by nuns,” said David Clohessy, former national director and spokesman for SNAP, Survivors Network of those Abused by Priests. “The laws are written in Michigan to protect perpetrators and those who are doing the cover-ups. There have been efforts in the Michigan legislature over the past five years to get those laws changed, to be more victim-friendly, but in each case the bishops and the bishop’s conference spent a lot of resources to get those laws defeated,” Clohessy said. https://en.wikipedia.org/wiki/David_Clohessy

After experiencing a timeshare bait and switch, I wrote to ARDA, The American Resort Development Association, explaining my concerns. I thought they would be grateful someone brought criminal actions to their attention. I did not hear from ARDA except for an auto-reply. Approximately 200 allegations of fraud have been sent to ARDA over two years – and no response. ARDA does not mediate disputes, but they have a code of ethics that is being violated, based on member reports.

According to Dr. Amy Grant, University of Central Florida, who presented at an ARDA World conference in 2017.

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

Victims need to file regulatory complaints, lobby lawmakers and reach out to the media. I attended a Catholic conference where victims and clergy met to address the problems. It is only through the courage and fortitude of the Sister Chittisters of the world, change happens. It is unclear if the Pope or ARDA have really accepted the reality of Social Media because victims no longer need be silenced and isolated.

This article does go to show that only by speaking up and working together can any real change happen, these cases of abuse, although very different in nature, in the church and timeshare have one thing in common, both want you to remain quiet and say nothing.

That’s all for the month of August, the courts in Spain are about to start hearing cases again so there will no doubt be some interesting news on the legal front. Also during September Inside Timeshare will not be publishing regular articles as I am on leave and spending some quiet time with a large family reunion.

Have a great weekend and remember, any company that contacts you regarding your timeshare, do your homework before you do any business with them.

Litigious Abogados: Another New Name to the Family.

Our regular readers will be aware that we have been following the many changes in name for almost 3 years, well here is another new name for you, Legalidad Abogados SA, with the website:

http://legalidad-abogados.com

Registered on 20 May 2018

The websites is as usual exactly the same as all the others except for the new names and photographs of the lawyers, which no doubt are photographs of genuine lawyers taken from the internet. We will be trying to identify the genuine people as we have done in the past.

 

The company apparently was was founded by Manuel Midan Embalori (photo below), on Monday 20th July 1990, which was in fact a Friday! They have the CIF Number (National ID Number), is A30458629, which is again not genuine.

 

The lawyers are named as:

Armando Calenam Salderol

Daniel Lominiar Golteras

Carlos Demanar Voltarisa

There address is one that week have seen before, although genuine, they are not there:

Legalidad Abogados S.A.

6-4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 802 1938

Tenerife Tel: 0034 822 684 515

[email protected]

[email protected]

So what are Legalidad Abogados doing?

Obviously it will be the same ploy they have used in the past, your timeshare company and the director is being taken to court, for a payment to the Procurador you can be included in the case. The Procurador is named as Jesia Elisabeta Eliaz and the money is to be paid into her Bankia account.

Now the case our lucky reader was to be involved in was to be heard at the end of July, this involved his timeshare at Island Village and the director is named as one Mark Rowe, who for those regulars to our pages will know is not a director of Island Village but owns companies such as Hollywood Marketing, The Monster Group of companies, ABC Lawyers to name just a few.

No doubt within days our reader would have received the wonderful news that Mark Rowe pleaded guilty, which somehow no one will ever believe, Mark Rowe pleading guilty!

We also wonder which gang will steal the cheque and cash it, we have had Romanians and Ukrainians, we have heard that the new gang are Croatians!

Whoever they are, there is no legal law firm called Legalidad Abogados, there are genuine lawyers with those names, there is no case case at court and there will definitely not be a cheque sent from the court!

It will be the same old “Fraud” we have seen in the past, don’t fall for their story, the documentation looks real, but it is all fake.

If you have been contacted by this or any other firm with a similar story, then beware, unless you have personally instructed a Spanish law firm to act on your behalf then you do not have a case in court.

The courts do not instruct any company to contact timeshare owners, or to act on the courts behalf. They do not send out cheques and will definitely not instruct another company to investigate a stolen and cashed cheque.

Remember doing your homework, just like our reader, will save you a lot of money. If you are not sure about any company that contacts you or even one you have found on the internet, then use our contact page and we will point you in the right direction.

Start the Week

Last week the following information came in after publishing Friday’s Letter from America, it was certainly a busy week in the Spanish Courts, and a rather expensive one for the industry.

No less than 16 sentences were passed by various Spanish Courts, they are as follows:

10 were against Anfi del Mar

2 against Tasolan (Palm Oasis)

4 against the Tenerife based Silverpoint.

In all cases the contracts have been declared null and void and the amount of money the timeshare companies have been ordered to return is over 561,000€.

It was also announced by Canarian Legal Alliance that their Provisional Execution of Sentence team had also successfully had 2 more embargos place on Anfi cash accounts, securing the money for their clients.

Tomorrow Inside Timeshare once again publishes a revised article on How to File a Complaint, these articles are aimed at our American readers but are still of interest as you can adapt them to suit your own country and associations.

If you have any comments or stories you would like to share then use the contact page, also if you need to find out about any company that has contacted you or one that you have found on the internet, then get in touch and we will point you in the right direction.

Start the Week

We start this week with a look at some of the companies we have highlighted over the past few months, many of these are now going into liquidation. These companies are in most case only around two years old and began as “contract termination” with “no win no fee” claims once the contract has been cancelled. We also look at some of those that are under investigation or are in court and those that have even been sentenced.

First we look at RSB Legal, this company first came to our attention back in 2016, there modas operandi was very simple, once they contacted the timeshare owner the offer was to meet at one of their offices to discuss a “no win no fee” claim against the clients timeshare company. This soon turned into a pitch for the cancellation of the contract first, once this had been completed then the claim could go forward.

The one problem was they needed upwards of £6,000 to do the cancellation to be paid in advance, the claim would come later. The question that was asked was how was the claim to be made? After all it couldn’t go to court, especially if it was a timeshare bought in Spain, as once a contract is cancelled then no claim could be taken to court.

This left a Section 75 claim under The Credit Consumer Act 1974, against the credit card company or the finance company if it was purchased with a loan supplied by the timeshare company.

These were unlikely to have paid out, as with all section 75 claims you must show either: you have not received the goods or services paid for; the company has gone into liquidation; faulty goods unfit for purpose. This is fine if you are purchasing say a washing machine, but with a holiday product, especially a timeshare purchased many years ago, you will have used it and taken holidays. Even if the company no longer exists it would be difficult to get a payout.

Section 75 does not cover the misrepresentation of the sales agent at the time of purchase, if it is not in the contract it was never said!

The credit card provider will always contact the company involved to get their side, obviously, they will say that you have received the goods and services, after all you have used it. You may argue that you were unable to use it as you could not get the dates you required, the answer of the timeshare company is always going to be, sorry but these are always subject to availability, we did offer alternatives but the member didn’t want those. Hence claim denied.

Another twist is RSB Legal palmed off the cancellations to another firm Taylor Marshall Associates, a very clever move as if the contract wasn’t cancelled, no claim could be made against RSB Legal under section 75. They would claim that they have fulfilled their part of the contract and it was Taylor Marshall who had not done the work.

This is a scenario that we have seen on many occasions with many of these “Exit Companies”. Once it is passed over the client is then told that they should no longer pay their maintenance fees as their contract will be cancelled within weeks. The unfortunate thing is that nothing was done, the exit company did not carry out the work and the client ends up with several years of maintenance fee arrears. This has been the case with RSB Legal clients passed to Taylor Marshall, especially those members of Club la Costa. In this case CLC had informed RSB and Taylor that they do not recognise them, that they do not deal with third parties, but will cancel a membership directly with the member only and free of charge!

For those clients who have been through this, you can try a section 75 claim, but you should also report to Trading Standards and Action Fraud.

Back in January 2018, we reported on the announcement that Standon Mortimer Associates were the subject of a Creditors’ Voluntary Liquidation. Again this was a company contacting clients for exit and claims, the list of companies they were involved with is quite extensive, including RSB Legal, FHA Marketing along with Anderson Read Consultancy, Warwickshire ConsultantsCharles Ashworth Consultants and Harwood Jones Consulting.

So it looks like all these companies were all working hand in hand, the unifying factor appears they all worked with or for RSB Legal. The unfortunate thing is that many people have paid and lost thousands, yet these companies are limited liability companies and go into liquidation after spiriting the money away leaving no way of retrieving what you have lost. It just makes you wonder what new companies and scams they owners are going to come up with next.

As we know the Regional Organised Crime Unit of Somerset & Avon Police are investigation several Mark Rowe companies, we have also been told by reliable sources that Hollywood Marketing in Tenerife is also under investigation by the Spanish Authorities.

The companies under investigation include sellmytimeshare.tv, Monster Rewards and Monster Credits, yet Mark Rowe is still advertising in the press, facebook and other media his ABC Lawyers, Timeshare-Lawyers and other companies. The unfortunate thing is that many people will believe any advert they see in the press.

A good example is one reader, an elderly lady who saw one of his adverts in the Royal British Legion magazine, so naturally she thought it was genuine. The next thing is she had been sold Monster Credits. As we explained, just because the advert appears in a publication which we know and trust, does not mean it is genuine. After all, the magazine publishers need to sell advertising space to cover costs, they don’t check if advertisers are genuine, they only take the money.

Back in February we also reported on the jailing of several people involved in a long running timeshare scam, this revolved around the resale of timeshare. It then went on to contacting those who paid to sell their timeshare being contacted yet again, this time to get the money back from the original scam. There was then a third part, another company called to say they had been appointed by the Spanish courts to contact clients who had been scammed before, that there was money waiting for them and a tax needed to be paid to release the money.

The full article can be seen by following the link below:

http://insidetimeshare.com/they-get-them-in-the-end/

There is still no news on the sentencing of Dominic O’Reilly or his Daughter Stephanie O’Reilly of EZE Group. From information received this may not be taking place until around September. This leaves it very difficult for those taken in by the Leisure Credits to be able to get their money back. When new information becomes available we will publish it here.

So, we are losing some of these companies, but how long before other surface to take their place, as always, beware the calls offering “no win no fee” claims, the guaranteed exit solution or the “fake” law firm that tells you a case against your timeshare company is about to go to court or has been to court. Check, check and check again, do your homework, contact Inside Timeshare if you want help in checking the validity of any company that has contacted you or even one you have found either on the internet or advertising in the press.

Tomorrow we publish another Tuesday Slot with Irene, this week it is about “Special Assessments” at the Americano Beach Resort.

Thursday Roundup: Some News from the UK Courts

In last Friday’s Letter from America we mentioned the Birmingham Crown Court hearing for the sentencing of Dominic O’Reilly & Stephanie O’Reilly of EZE Group, this was to have taken place on Monday of this week.

From information received it looks like EZE Groups legal counsel could not make it and asked for an adjournment before Monday’s hearing. Although it would still have had to be addressed in open court with a new date to be set.

A very strange fact that did emerge is that the hearing has been switched from sentencing to a directions hearing. This could indicate that their guilty pleas may have been withdrawn and a another plea will have to be made in open court. If they do plead guilty then the case will again have to be adjourned and pre-sentencing report carried out.

As we find out more we will publish here.

In another case which was announced on 17 April, against Francis Madden at Bournemouth Crown Court. The case was scheduled to last about six weeks, but news broke yesterday that Madden had pleaded guilty to three counts of fraudulent trading between May 2012 and February 2016.

The case revolved around his “Holiday Club” companies, where people were invited to attend a “two hour presentation” which actually lasted more than “five hours”. They were sold accommodation which either did not exist or was near impossible to book for thousands of pounds. In most cases the accommodation could have been booked for far less via the internet.

Although clients had been informed that there was a cancellation period, when they did try to cancel they were told in was not possible. It also transpired that the exhausted clients were “frog marched” by staff to a cash machine to withdraw the payments.

Jailing him for a period of 40 months the judge called his conduct “reprehensible”.

It seems now that the authorities are finally catching up with these charlatans as only recently we have seen several jailed at Stafford Crown Court, EZE Group in the dock and some of Mark Rowe’s companies under police investigation.

See link to the Mail Online report:

http://www.dailymail.co.uk/news/article-5682173/Timeshare-fraudster-marched-victims-cash-machines-hand-thousands.html

When timeshare first started it was a very good concept, the accommodation was superb, far better than what was available through the high street travel agent, but something went very wrong. Greed took over.

Some of the first “scams” were the buying off plan schemes, where all you purchased was a hole in the ground and an architects plan. Many of these were never built with hundreds of people losing thousands of pounds.

The industry itself did little to “police itself”, countries laws where these timeshares were being built were not adequate, allowing many frauds to take place, with the perpetrators getting away with millions.

After the “off plan” scams, the industry through how the product was sold was instrumental in the next phase, the resale scam. As timeshares were being sold as “property” which would go up in value, the resale companies capitalised on this. Offering clients the promise of selling their timeshare for more than they actually paid for it, taking thousands to “list” the timeshare for sale and then disappearing.

Now because the laws have been strengthened, especially in Spain, we are seeing bogus claims companies taking thousands for relinquishments and no win no fee claims. Just recently Inside Timeshare has been getting enquiries about one of these companies, RSB Legal. Many have paid them to cancel their timeshare and claim the money back, but they are now no longer trading, they have simply vanished, leaving hundreds of clients out of pocket.

These stories show why you must do your due diligence and homework before going to any presentation, or doing business with any company. Check, check then check again, ask the questions, are they for real, how are they going to claim, can they do what they say they can do, how long have they been trading?

That last comment is probably one of the most important points, a company that has only been trading or registered for say 1 year, yet claims they have got back thousands and helped hundred of owners, is that actually possible?

If you have been contacted by any company or have found one on the internet and want to know if they are genuine, then contact Inside Timeshare and we will help you find out.

Remember doing your homework will save your hard earned cash!

Inside Timeshare would also like to share some great news with all our readers, our last article contributor Joshua Parker and his wife Nichole are the proud new parents of twins. Welcome to the family Matthew Alexander & Maverick Luke.

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.

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.

homework

Start the Week

Over the past few weeks Inside Timeshare has been getting enquiries about another firm timeshare owners have paid to cancel their contracts and pursue “no win no fee” claims against their timeshare resorts, RSB Legal Ltd.

Company number 09751995

Office 110h Ground Floor Adamson House Towers Business Park, Wilmslow Road, Didsbury, Manchester, M20 2YY

Although they have been a registered company since 27 August 2015, there is an active proposal to strike the company off the register and have it dissolved, this was on 13 March 2018. Since then, the Compulsory Action to strike off has been suspended, as of 21 March 2018.

Many of the enquiries we have been receiving are all very similar, no contact from the company and the clients have not been able to get them on the telephone. Another firm which these clients have had their “cases” passed to are Taylor Marshall Associates, with one reader being told by them that their contract with Club la Costa has been terminated.

Company number 09458294

1st Floor 2 Woodberry Grove, Finchley, London, England, N12 0DR

It turns out that this is not the case as CLC have told them they are still liable for the maintenance fees. CLC have also stated the following in an email to our reader:

“Over the last 2 years, CLC has consistently advised Taylor Marshall and their associated company RSB Legal that we will NOT accept their correspondence as correct notification to “TERMINATE” any CLC World membership. CLC World has an established free of charge exit strategy in place for all CLC Members and we do NOT accept Surrender or Relinquishment notices from third party claims companies. Despite this, Taylor Marshall (RSB Legal) continue to falsely claim that they are successful in somehow ‘forcing’ CLC World to release members from their contracts. This is simply untrue.”

“CLC will only complete a Surrender Request when processed direct with the CLC Member.”

So it looks like RSB Legal and Taylor Marshall have been taking peoples money knowing full well that CLC will not recognise them or their termination notices.

what do we do

Inside Timeshare has been receiving many comments not just of support, but enquiries as to what they can do to get their money back, we have looked into this and are currently exploring what options are open to you.

One option that has been mentioned is to collect as many disgruntled clients together and explore a group / class action through the courts.

If you have been a victim of any of the following companies, Inside Timeshare would like to hear from you, contact us via our contact form, we will then reply privately. Inside Timeshare will only be acting as a coordinator, researcher and contact point, if a group or class action is feasible you will then be informed which law firm is recommended and the decision will be ultimately yours.

The companies involved are:

TESS Paralegal Services Ltd (Formerly Timeshare Exit & Support Services Ltd)

Monster Travel (also known as Monster Group/Monster Rewards)

SellMyTimeshare

Complete Internet Solutions

Hollywood Marketing

http://insidetimeshare.com/police-investigation/

More on this subject will be published in the near future.

 

Police Investigation

This article has been altered due to concerns by the Police that certain information may affect their investigation.

As we know the Regional Organised Crime Unit of the Avon and Somerset Police is investigating several companies which are part of the Mark Rowe group, these are:

A & S Police

In the letter they have been sending to clients they state that evidence has been provided by one company, Financial Institutions and Hotels, they are also following up on reports that have been made to the Action Fraud website.

We know this is going to be a long drawn out investigation as it will be covering many clients and many years, so we do not expect a conclusion soon.

When we do get some answers they will be published on these pages.

Police ROCU UK

If you have had any dealings with the companies under investigation and would like to know where you stand, then contact the Regional Organised Crime Unit at the following:

[email protected]

Telephone: 01278 647117

South West Police ROCU. DC 4624 Katie Andrews. PO Box 37, Valley Rd, Portishead,Bristol. BS20 8QJ

We are sure they will want to hear from you.

Inside Timeshare would also like to hear from you if you have had any dealings with any company which you have paid and have not delivered on their promises or even just disappeared. Use the contact page on the website and we will get back to you.

The Tuesday Slot with Irene

Welcome to the Tuesday Slot with Irene, this weeks article has been submitted by Sheilah Brust and her complaint to the FBI regarding her dealings with Diamond sales agents. Inside Timeshare has passed on many complaints to the US team, who are also helping people to file similar complaints.

Now for our usual look at some of the European news.

Another contract has been declared null and void by the Supreme Court in Madrid, this time against Palm Oasis / Tasolan. According to the judgement the contract was once again in breach of the timeshare law in regards to the contract being for an indefinite period, or for more than the stipulated period and the taking of deposits within the cooling off period.

The UK couple (pictured below) have been awarded over £12,000 plus the legal fees and legal interest. The case was brought by the lawyers Miguel Rodriguez Ceballos and Eva Maria Gutiérrez, both from Canarian Legal Alliance.

CLA Clients

PDF for the Supreme Court Sentence

Palm Oasis Tasolan Supreme Court Sentence 114-2016

It has also just been announced that CLA have received Supreme Court ruling number 95, this was against the Tenerife based company Silverpoint.

The court again declared the contract null and void and has awarded £99,504 to the client, the court increased the amount by an incredible £26,652 in way of a fine against Silverpoint for taking an illegal deposit at the point of sale during the cooling off period. The client will also received back the legal fees and legal interest.

So far there is no news on the sentencing of Dominic O’Reilly or Stephanie O’Reilly of EZE Group, they pleaded guilty at Birmingham Magistrates last year, with the magistrates referring the case to Birmingham Crown Court for sentencing. The delay may just be due to waiting for reports from the probation service which is a normal procedure, especially if a custodial sentence is possibly involved. When we find out we will let you know.

There is also still no news of the investigation of the South West Police ROCU investigation into some of the Mark Rowe companies, this is likely to be a long drawn out investigation which will be covering these companies activities over a number of year. Obviously there will be many consumers with complaints and all these will need to be interviewed. So don’t expect a speedy conclusion.

Now on with our FBI article from Sheilah edited by Irene Parker.

FBI Talking Points – “Just the Facts, Ma’am,” Joe Friday

By Sheilah Brust

March 13, 2018

For timeshare members too young to remember, “Just the Facts, Ma’am”

dragnet

The show (Dragnet) was the result of an extraordinarily close collaboration between (Jack) Webb (Sgt. Joe Friday) and LAPD Chief William H. Parker, who had quickly built a reputation for eliminating corruption. (Timeline June 20, 2017)

https://www.youtube.com/watch?v=N3Xh4f8lOjU&list=PL_72IjwCotIQgQAe2WPvR2mPwEPVl-1FB

It was hard to believe I was on hold, waiting to talk to an FBI agent about my vacation plan. I am so disappointed at having to resort to this, but what we were told was not true. We have owned this timeshare since before it was acquired by Diamond Resorts. We had traded in our deeded timeshare into non-deeded Diamond vacation points and had accumulated 50,000 points, enough to become Platinum Diamond members. We had hoped to leave something nice for our children and grandchildren. After experiencing what I believe to be fraudulent bait and switch tactics, we don’t have enough money to travel. Like so many other complaints, we were told if we purchased additional points, we would not have to pay maintenance fees.  My husband and I had to get part time jobs to pay for the fees. I used to work for the New York State Governor’s office of Employee Relations, so I knew to start filing regulatory complaints, which is so time consuming it’s like having two part time jobs!

50,000 points I owned prior to the presentation

15,000 additional points in dispute

65,000 x 2 (double points) = 130,000

Our annual maintenance fee on 50,000 DRI points is $8,631. The additional 65,000 points redeemed at $.10 a point would have paid for $6,500 of the $8,631. It’s a great program. Too bad it doesn’t exit.

There is no such program allowing double points, but “Hospitality” agents at Diamond Resorts “Consumer” Advocacy department are trained to be detectives themselves, searching through the member’s contract to be able to email you back your initials on the fine print, in essence saying, it doesn’t matter what a sales agent says. All that matters is you signed a contract.      

According to lawyers our advocacy group has talked to, it is not legal to hide behind fine print, encouraging sales agents to lie. I found this online:

In case after case, scandal after scandal, American federal law enforcement officials have clearly shown by their indictments and prosecutions that there is no confusion in their minds—lying is a crime. Businesspersons need to clearly understand those rules and what prosecutors define as lying.

Graziadio Business Review

https://gbr.pepperdine.edu/2010/08/businesspersons-beware-lying-is-a-crime/

The reason timeshare agents get away with it is because there is virtually no enforcement. Timeshare buyers usually buy timeshares in states other than the state they live in (usually a state that sells lots of timeshares and brings in lots of tourist dollars), so when you file a complaint, the elected officials of the state, in which you are not a resident, may not take you seriously.

The weakened Consumer Financial Protection Bureau doesn’t even allow you to select a timeshare company from their menu when filing and the timeshare borrower usually doesn’t even know the name of the actual lender. The timeshare company services the loan, so we picked Barclays from the menu, but when you talk to Barclays they usually say, according to our Facebook members, That’s too bad but we didn’t directly sell you the points or commit the alleged crime.”

So, here we are asking the FBI for help. This is what I learned reporting an online white-collar crime complaint through IC3.gov and orally through the FBI field office nearest to where we bought our timeshare. Any timeshare member who feels they have been victimized by “deceit, concealment, violation of trust, and bait and switch” of a serious nature, like ours, needs to file a complaint with the following law enforcement agencies in addition to filing regulatory complaints:

  • The FBI at IC3.gov online using the FBI’s Complaint Referral Form,
  • The FBI orally through the FBI field office nearest where you signed your contract.
  • When you call, select the prompt for “Submit a Tip” then #3, White Collar Crime. Have your facts ready and contract handy. It’s a good idea to write your facts down so that you have good facts in front of you. Even the thought of calling the FBI is a little intimidating, but the agent I spoke to was a nice man who seemed very interested in what I had to say.
  • The Federal Trade Commission – find the “Timeshare Sales” option. https://www.ftccomplaintassistant.gov/GettingStarted#crnt
  • The Secret Service – FBI agent #1234 I spoke with (I don’t want to use his real number) said we should also file with the Secret Service if it involved credit card fraud. We’re looking into that. www.secretservice.gov

In our case, we were not told two Diamond Barclay credit cards were going to be opened. We were not even aware of the amount of the down payment. The down payment was $26,000! We would have for sure used a credit card that would have earned us reward points. I was infuriated when our DRI salesman Brad Leslie came back and said “Barclay loves you guys! They gave you $26,000 credit!” We thought the form we filled out was to check our credit for the down payment. We already had two Barclaycards, one issued by Diamond and other personal. Now we have four Barclaycards!! We did not dispute it because Brad said he would transfer it to our existing Diamond loan. That never happened.  

Don’t be afraid to talk to the FBI. The agent I spoke with did not rush me. We spoke for over an hour. https://www.fbi.gov/contact-us/field-offices/

Some of the things they will want to know include:

  • When you purchased your timeshare?
  • Where you purchased your timeshare?
  • Who sold you the timeshare?
  • What did you purchase?
  • How much did it cost?
  • Why do you feel it was fraud for profit?

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases. https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

I have read so many sad stories on our advocacy Facebook page. It tears me up inside to think a company that was good until about 3 years ago can do this to people. It’s gotten worse in the last few years. I guess I always want to believe in the best in people, but after this – $60,000 later, that is hard to do. We have asked Diamond to give us our money back for the last purchase that we believe meets the definition of fraud for profit. It takes a day to buy a timeshare, but weeks, days and sometimes years to get out of one.

Whatever you do, don’t pay anyone you don’t know money upfront to get you out of your timeshare. Check with our advocacy group before retaining an attorney or a “get you out of your timeshare” exit company.

With no secondary market, consumers are completely at the mercy of the timeshare company, but I hope we can turn this around and make the public and Diamond aware that some of their sales agents exhibit questionable business practices.

Diamond, make this a good company again!

There may be other timeshare members who feel they have been victimized by the same sales agent. If so, you can give the name and phone number of that member to the FBI agent so they can look up the other member’s complaint, linking your complaint to theirs. It’s a sophisticated system.   

Timeshare members nationwide want to thank the FBI for their efforts. Without them, we would have no federal enforcement – only members helping members.

tree

These are timeshare advocacy groups Inside Timeshare believes are pro-consumer, non-industry influenced, seeking to provide members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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/

Thank you Sheilah for your contribution, we are sure it will give others the confidence to undertake this task themselves.

As always, if you have any questions or comments on any article published or are just wanting information on any company that has contacted you or you have found on the internet, contact Inside Timeshare and we will point you in the right direction.

Remember doing your homework and checks before engaging with any company will save you in the end.