Browse Tag

Mark Rowe

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.

Now for our old friend David Cox and TESS Paralegal Services Ltd, this is another in the long list of companies that David Cox has been behind, many have been dissolved along with massive debts.

Since his last post on 29 March, there has been nothing new posted in his “news” section, he has gone very very quiet, it is rumoured he is trying to sell the company or even liquidate it. This will not be good news for those who have paid him for cancellation services.

To see the full story of David Cox, use the search box.

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.

Mid Week Report

One of our regular readers has sent in a link to another website giving David Cox a bashing, it certainly looks like he has annoyed a lot of people. Well that is not surprising, he does attack anyone with his ranting lies and false information, all to try and give himself and his company TESS Paralegal Services Ltd credibility.

This website which was registered at the end of March, is hard hitting and well written, the author or authors who have remained anonymous for obvious reasons, also seem to have a sense of humour.

It goes on to vilify his writing skills or rather lack of, calling him “Dyslexic Dave” and “David “The Dunce” Cox”, but it also explains that he is also under investigation by Avon & Somerset Police due to his dealings with Mark Rowe and Monster Credits. The article also asks the question why his rants against Monster have been removed from his website, after all he did even attack his former partner.

Inside Timeshare knows he has been sent legal notice of action to remove his posts, as yet no response from him has been received by Inside Timeshare or any of the other parties involved. No new posts have been published since the end of March, he just seems to have melted away into the shadows where he belongs.

He has duped timeshare owners all over the UK first with his ownership of the Timeshare Consumer Association, which was once run by the late and esteemed Sandy Grey, then using that platform to enhance his own business TESS. The people we feel sorry for are the poor consumers who have been taken in by this charlatan.

Click on the link below and have a bit of a laugh.

http://timeshareexitsupportservices.com/

Silverpoint Ordered to Payout Immediately.

One Belgian client of Canarian Legal Alliance has now been paid over 100,000€ by the Court of First Instance, Arona, Tenerife. In this case the court ordered to Silverpoint to pay immediately and also declared the contract null and void.

The Barrister for CLA has received the payment and this is now being transferred to the clients personal account. This is not the full amount as the court are still calculating other sums due the client.

It is obvious from this, the courts are taking a dim view at Silverpoints continual delaying tactics, which has resulted in delays and considerable court time in chasing up. There is also a system of embargoes which the court can enforce, this will freeze assets and bank accounts, allowing the court to withdraw the funds at their will.

Canarian Legal Alliance have also set into place a system where they now have lawyers whose task is to file these embargoes with the court and enforce the settlement in favour of their clients.

Silverpoint have a history of delaying and this is a clear warning from the courts that they will no longer tolerate this behaviour. It is a good sign for the many client that have cases against this company, speeding up the return of their money.

https://www.canarianlegalalliance.com/silverpoint-forced-courts-pay-100000e/

Another warning is being issued about a fake law firm called Abogados Lopez, operating out of Malaga and Las Palmas, Gran Canaria. They use the telephone numbers:

0034 951242867

0034602654670 (mobile)

The scam is very simple and they are very adept at making consumers believe them.

The call comes from a woman (possibly Dutch) called Hope Brugge, in her call she seems to know many details, that the case is going to be heard in court the following day. The next call is to say that the court has found in the client’s favour and awarded Ex amount.

To have this money released the client needs to send an amount via bank transfer to an account in the name of an individual, they are using numerous accounts and names.

This is also backed up by fake but official looking paperwork, do not be taken in by them, if you do have a case with a law firm, contact them for verification before engaging with Hope Brugge and paying any money.

This is a very well laid out fraud.

If you have any questions or comments about this or any article published, then use our contact page and we will get back to you.

Been contacted by a company, found one on the internet and not sure if they are genuine, then ask Inside Timeshare, we will point you in the right direction.

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.

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.

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

Last week we published the article on David Cox and his company TESS, along with his association with the Mark Rowe companies currently under investigation.

http://insidetimeshare.com/david-cox-tess-attacking-sundry/

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.

It has also been noticed that the TESS website is not reachable today, nor is the TCA website, very strange indeed.

David Cox of TESS Attacking All and Sundry

What a strange world we live in, David Cox seems to be getting a little full of himself, first he starts attacking his old partner Mark Rowe, encouraging people to file complaints with the police, then goes on a spree against the Timeshare Consumer Association, which he ran alongside TESS.

Then over the past few months he has been publishing attacks against Praetorian Legal, now it is the turn of Inside Timeshare, with what can only be called ridiculous comments. Yes, I did work for Tony Muldoon around 20 years ago, for around 6 months until it became apparent that it was all a scam. That fact was never hidden, it was the subject of an article called “Toni Muldoon: Duping the Innocent” published on 26 May 2016,

http://insidetimeshare.com/toni-muldoon-duping-innocent/

He also then takes out of context what is published in the About section on the website:

“My next experience in timeshare was as a sales rep on a deck. Now I was going to find out what happens on the “Tour”. Over the years I have worked for several companies within timeshare, selling weeks, points and holiday clubs. I must admit I didn’t do very well as I found it difficult to stretch the truth. Needless to say I was never at the top of the tree.”

So one thing is for sure, it has never been hidden that I have worked in timeshare, unlike the past of Mr Cox himself, what do we know about him?

Very little, except he did use the TCA as a platform to increase business for his company TESS, he did have agreements with Mark Rowe to take on his relinquishment contracts from Mr Rowe’s companies which Mr Cox has then vilified and attacked. Then all of a sudden all posts written (we must point out badly written) about the Rowe Companies and the TCA have disappeared from the TESS news section.

Mark-Rowe-and-David-Cox

Has anyone got an explanation for this, has Mr Cox decided that he could be implicating himself and his company, with his attacks and “evidence” to the Police?

Has he decided to let bygones be bygones and gone back into bed with Mr Rowe?

Legitimate questions one would say, unfortunately no one has an answer, except Mr Cox himself.

When doing a search on Mr Cox it is surprising what you find, first there is http://www.tess-timeshare.com/tess/

Although its author is not identified it is well written and has a great deal of information about Mr Cox and his past dealings.

Then we have https://tesstimesharefacts.com/

Again the author is not identified, but in the world of timeshare none of this is unusual. It is well written (unlike those from Mr Cox), even attaching a letter from Trading Standards voicing their concerns on several points.

This website also asks the question ‘what was it that made it NOT a scam, when he was taking Mark Rowe’s money, to it now being a grand SCAM?’

A valid point don’t you think?

Also according to this website, they understand that David Cox and TESS are also being investigated by the same police unit that is investigating Mark Rowe’s companies

The other website is Praetorian Legal, which has a press release from November 2017, in this they ask the question why has Mr Cox and TESS  suddenly changed his opinion of Praetorian Legal, considering the article he wrote and published in February 2015 on the TCA website which he then owned?

https://www.timeshareconsumerassociation.org.uk/2015/02/05/oh-nooh-no-rdo/

Again another very valid question.

Mr Cox has also attacked the Canarian law firm Canarian Legal Alliance, asking if the court cases being won are real or not?

It is a matter of public record, not just from the official court records but also in many European newspapers and mainstream Spanish television. Surely those institutions would not publish “fake” cases?

If what he writes (albeit very badly) has any inkling of truth where is his evidence?

Is Mr Cox just trying to use attacks on others as smoke screen to divert attention away from himself and his company?

Is he and TESS under investigation?

All questions that will be answered in time, but for now we can only guess, we leave it to you the reader to decide.

This is by far not the last article we shall be publishing, it is just the start, as more information comes to light it will be published here, and a personal message to Mr Cox, you have threatened legal action against myself and Inside Timeshare in the past, it fell on deaf ears. Your time is coming!

If you have had any dealings with David Cox and his company TESS and feel that you were a victim, then contact Inside Timeshare, we will point you in the right direction and people to file a complaint.

Tomorrow we publish our Usual Fridays Letter from America, with another “Nightmare on Timeshare Street” article featuring yet another Veteran, this one a Purple Heart holder. Join us tomorrow, for reality and truth.

reality

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.

They Get Them in the End

On 23 February, West Mercia Police issued a press release about 9 timeshare fraudsters being sentence to more than 20 years in prison. It revolves around a timeshare resale scam that began back in 2012, when the company Simple Property Marketing Solutions first made its appearance.

All 9 appeared at Stafford Crown Court between 21 and 23 February, they are:

  • James Barrass, 37 from Norwich, sentenced to two years for money laundering.
  • Matthew Barker, 25 from Bromsgrove, Fraudulent Trading, 1 year & 1 month. Suspended for 1 year a & 6 months, 250 hours community service.
  • Brian Carr, 31 from Redditch, sentenced to 6 years for conspiracy to defraud and perverting the course of justice.
  • Daniel Carr, 24 from Redditch, Conspiracy to defraud, 4 years prison.
  • Steven Cross, 37, From Worcestershire, Conspiracy to defraud, 6 months.
  • Dawn Gingell, 55 From Hampshire, Conspiracy to defraud, 3 years 6 months prison.
  • Brendan Hicks, 28 From Redditch, Fraudulent Trading, sentenced to 1 year 1 month, suspended for 1 year 6 months plus 250 hours community service.
  • Alan Sharp, 66 From Norwich, Money Laundering, 8 months in prison suspended for 1 year plus 200 hours community service.
  • Craig Walker, 27 From Redditch, Conspiracy to defraud, 3 years in prison.

They are all facing proceedings to recover the money stolen, under the Proceeds of Crime Act 2002.

staffordcrowncourt

It all started with the company Simple Property Marketing Solutions Ltd, based in Norwich in 2012, they began contacting timeshare owners with the promise of buyers for their timeshares. These buyers were offering tremendous prices to acquire them.

In order for the timeshare owner to start the sales process, Simple Property Marketing Solutions, headed by Brian Carr, needed payment of between £600 and £1,500 for notary fees and security bonds.

According to the evidence it amounts to around £875,000 paid by about 470 people.

But the scam did not stop there, under different names and companies the next stage was to contact those who had lost money in the original scam. They would offer new schemes in order to help the victims to at least recoup some of their earlier losses.

The third part in this scam was one we have seen all too often, the victims are again contacted, but this time the callers say they are from the Spanish Courts. The money they have lost has now been recovered and can be returned to the victims bank accounts, obviously there would need to be a fee paid first.

Brian Carr was also the director of the following companies:

It is believed there were around 10 companies formed in the UK and Spain which were used to either launder the money or perpetrate the scam.

This fraud ran from the start of the companies in 2012 to 2015, they targeted mainly the elderly and vulnerable timeshare owners, many who were in poor health. This is a recurring theme in this type of fraud, as we have to remember the vast majority of timeshare owners today are now retired and many are not in the best of health.

Recently we have been seeing many other “scams” being closed down, from resale to holiday clubs and leisure credits. The authorities are taking more notice of these frauds in the timeshare world, we are still waiting to hear what sentence Birmingham Crown Court will be bestowing on the EZE Group owners Dominic O’Reilly and his daughter Stephanie. We are also waiting for the outcome of the investigation in several of Mark Rowe’s companies by the South West Police.

As the title of this article says, They Do Get Them in the End!

If you have been contacted by any company or are wondering about one you have found on the internet, contact Inside Timeshare and we will help you find out what you need.

due diligence

The Tuesday Slot with Irene


Here we are with another Tuesday Slot with Irene, this week it is all about “Whistleblowers”, those who decide they need to tell the inside truth about companies, organisations or even politicians. Inside Timeshare has highlighted this topic before, without them we would never know the truth. But first a quick look at Europe.

We started this week with a warning about the scam involving clients of Ramirez and Ramirez, our old friends from the Costa del Sol, this one had an unusual twist as it involved the Supreme Court in Portugal. We are used to seeing letters supposedly from Spanish Courts, maybe because they have been highlighted this so often the “fraudsters” have decided to take a different angle.

There is still no news on the sentencing of Dominic and Stephanie O’Reilly of EZE Group, last year they pleaded guilty at Birmingham Magistrates Court, they were sent to the Crown Court for sentencing as the powers of the Magistrates Court were deemed insufficient due to the severity of the offences. When we know what they receive we will let you know.

We are still receiving emails from clients of the Mark Rowe companies being investigated by the South West Police, Regional Organised Crime Unit, that they have been contacted by the Police and are making statements. This is obviously a huge investigation and will take some time, we will keep you informed of any developments.

To finish off the European news this has just come in from the courts in Maspalomas.

The Court of First Instance Number 4 has issued their latest sentence against Anfi, The judge has declared the CLA clients contract null and void and ordered the return of over £26,000 plus legal Interest. This is another blow to Anfi and the CEO’s claim they are not losing in the courts!

Now for the Tuesday Slot with Irene Parker.

United in Speaking Truth to Power

remember vets

A borrowed headline from Whistleblowers of America

Press release

February 20, 2018

Introduction by Irene Parker

The Whistleblowers of America press release below describes alleged misuse of power. Seekers of justice and fair play seek to change corporate and/or government corruption. Deceit can become ingrained and accepted. It becomes the norm until those brave and determined enough to fight back, strike back.

Vivieca Wright Simpson, VA’s third-most-senior official, altered language in an email from an aide coordinating the trip to make it appear that Shulkin was receiving an award from the Danish government, then used the award to justify paying for his wife’s travel, Inspector General Michael J. Missal said in a report released Wednesday. VA paid more than $4,300 for her airfare. https://www.washingtonpost.com/politics/veterans-affairs-chief-shulkin-staff-misled-ethics-officials-about-european-trip-report-finds/2018/02/14/f7fbc020-0c3a-11e8-8b0d-891602206fb7_story.html?utm_term=.e6c8f81cab95

Inside Timeshare has connected 31 active duty and retired military and law enforcement members, alleging they were a victim of timeshare fraud for profit. Whistleblowers of America is dedicated to seeking justice for this population.  

Five members of our military and law enforcement group are worried about losing their security clearance, including two who have published articles:

Amanda and George Jones http://insidetimeshare.com/tuesday-slot-irene-3/

Scotty Black http://insidetimeshare.com/fridays-letter-america-36/

I have highlighted the following excerpts in red from the Whistleblowers of America press release below, noting similarities between what VA workers and timeshare victims confront when power and wealth seek to destroy individuals and families by way of corporate greed and misuse of power.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.

It takes at most a day to buy a timeshare, but weeks, months and sometimes years to cancel a timeshare contract. There are endless rebuttal emails responding to timeshare contract fine print experts (also known as customer service representatives), regulatory and law enforcement filings, YouTube interviews, and media outreach.

Such has been the case with reports of homelessness numbers being underreported

Non-disclosure agreements and private and binding arbitration rulings have effectively swept timeshare corruption under the rug, but recent Attorneys General actions, Social Media, and lawsuits are saying, “No more.”

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

If a fraudulent timeshare presentation is recorded, or the victim works for the media or for an Attorney General’s office, or has a family member working in these fields, resolution is quickly achieved.  

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

One timeshare company initiated the recording of Quality Assurance sessions, announced as a consumer protection. The QA session occurs after a two to eight hour hard sell sales presentation, basically a nodding, initialing and signing session. The sales session where the crimes are committed is not recorded and members have reported the recording of the QA session being used against them and some buyers coached on how to “pass” QA because they didn’t get “the letter” (that was never sent).

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

The timeshare industry counts on this, knowing the amounts involved will not withstand the time and expense it takes to litigate. State enforcement is spotty at best. Federal enforcement, like the Consumer Financial Protection Bureau, is ineffective because members often can’t even select a lender when filing a complaint because payments are made to the timeshare company that services the loan, and timeshare companies are not a choice from the CFPB dropdown menu.  

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

Timeshare members are sometimes at the mercy of arbitrators, hired by the timeshare company. Arbitrators charge $400 to $500 and have a reputation of being pro-industry. If the arbitrator rules against the timeshare member, not only are they liable for the timeshare debt, they can be assigned to pay the timeshare developer’s attorney fees.

Whistleblowers have lost their homes and college tuition for their children.

The first article we wrote was about the Saldana family, transferring a $30,000 loan balance to a home equity loan, forfeiting $60,000 in timeshare points back to the timeshare company, left with no vacation, a $30,000 home equity loan, and a high school graduate starting college that year.

http://insidetimeshare.com/irene-parker-write-barclay-card-usa/

United in Speaking Truth to Power

whistleblowers

www.whistleblowersofamerica.org

601 Pennsylvania Ave, South Tower, Suite 900, Washington, DC 20004

#USTOO: Whistleblowers United in Seeking Justice WoA is a nonprofit organization assisting whistleblowers who have suffered retaliation after having identified harm to individuals or the public. Together, we can speak truth to power.  

Washington, DC, Feb 13, 2018 – USA Today reported on February 12, 2018, that the VA Office of Inspector General (OIG) found that Secretary David Shulkin inappropriately accepted gifts and travel expenses for his wife during his visit to Europe last July. After this story posted, Whistleblowers of America (WoA) was inundated by VA employees outraged by the different standards by which their leadership is held versus the scrutiny they endure.

Shulkin has hired lawyers Justin Shur, Eric Nitz, and Emily Damrau to rebut the OIG findings related to the wrongdoing.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.  

Such has been the case with reports of homelessness numbers being underreported at medical centers in the Midwest and 14,000 disability claims lost out of the Oakland Regional Office.

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

Allegedly, one employee with 28 years of service has been served a proposed termination notice for recently missing production standards. However, these production standards have been a sore point with Congress over the last decade as numerous Veterans Service Organizations have testified that quality should beget quantity and for Raters to “Do it right the first time.”

Even when the OIG finds in their favor, many whistleblowers still suffer the consequences of retaliation and must take their cases to the Office of Special Counsel (OSC) and the Merit System Protection Board (MSPB) for further adjudication.  One whistleblower who could no longer tolerate the stress of months of retaliation, resigned before hearing back from OAWP.  

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

While it may be affordable for a VA Secretary to hire three counselors to battle his own OIG, most VA employees who report wrongdoing are GS 12 – 15s.  They quickly run through their family savings and retirement funds to fight whistleblower retaliation and if they do not reach settlement and damages, then the financial losses have impacts for several years. Whistleblowers have lost their homes and college tuition for their children.

And for those who are not terminated, remaining employed often means being marginalized to lesser assignments, lost pay or advancement opportunities, privacy invasions, poor performance evaluations that mar personnel folders, which then obstruct their ability to compete for other gainful employment. Even attempts at Alternative Dispute Resolutions that can resolve conflicts at the most internal levels are fraught with impartial mediators, lack appropriate decision-makers and can be non-binding, so costly when final arbitration is still needed at a higher level. Whistleblowing has been labeled “career suicide.” When you are not the VA Secretary or other senior leader, life gets tough when harmful disclosures are made to the OIG.

WoA is a 501C3 that provides peer support to whistleblowers because retaliation has consequences that can result in depression, anxiety, substance abuse, divorce, post traumatic stress disorder (PTSD) and suicide, as USA Today once reported in the case of psychologist, Chris Kirkpatrick.  He died by suicide after reporting overmedication of patients at the Tomah VA Medical Center in Wisconsin and was fired.

Contact:

Jacqueline Garrick, Executive Director

www.whistleblowersofamerica.org

202-309-1870

[email protected]

Thank you Irene and Whistleblowers of America, a very interesting article.

If you have any information regarding the practices in the sale of timeshare and want the world to know the real truth behind the industry, then Inside Timeshare welcomes any information you can share.

Been contacted by a firm and want to know who they are, or if they are genuine? Then contact Inside Timeshare for honest, truthful and impartial help and advice.