Browse Tag

Santa Cruz de Tenerife

letter from america

Friday’s Letter from America

Welcome to another edition of Friday’s Letter from America, today Irene Parker asks the Florida Attorney General Pam Bondi, What about us? Ms Bondi seems to have a reputation for backing big business rather than the consumer, but more of that in Irene’s article. As usual we begin with what is happening in Europe.

CLA Logo

Some news which was breaking yesterday has now been confirmed, Canarian Legal Alliance issued a press release informing us of the latest Supreme Court victories.

Legal history has now been made with CLA achieving their 60th victory in Spain’s highest court, we say legal history as this is unprecedented. No other law firm has ever managed to get this number of cases through the Supreme Court. This is a fantastic achievement since their first victory in March 2015, in the past two and a half years they have not only made history but have also made law.

Their latest victories have been against Silverpoint, in sentence number 59, the court ordered the return of over 65,000€ plus the payment of First Instance legal fees and legal interest. The client’s contract was also declared null & void, which now makes them timeshare free with no more ongoing maintenance fees.

With sentence number 60, the same court ruled that the contract be declared null & void, ordering Silverpoint to return over 92,000€ plus Appeal Instance legal fees and legal interest. This now makes a total of 21 judgments from the Supreme Court against Silverpoint alone.

Then the following day, the Judge at the High Court Number 3 in Tenerife, followed the Supreme Court rulings declaring another client’s contract with Silverpoint null & void. The judge also ordered the return of over 11,000€ plus legal interest.

Not only must the clients be celebrating, but I will wager there was some celebrating going on in the Lawyer’s office!

amador-galeca-300x191

Following the publication of yesterday’s article on the new fake law firm Amador Galeca Abogados, we received an email from a reader who has already been taken in by them. Unfortunately they have already paid the Procurator a fee, but at least it was not a large sum, yet something prompted them to start checking the internet for information before they paid them next amounts.

As we said yesterday it would only be a matter of time before we found out the new name of the Procurator and the bank account they are using, here it is:

Procurator: Graham Ingum Gorrin

Address: C/ Layanva, Edif Colmenas, Oficina 2223, 38003, Santa Cruz de Tenerife.

Bank: Deutsche Bank Sociedad Anonima Espa, C.P.A. BCN, Ronda General Mitre 72-74 Barcelona.

IBAN: ES3900190172854010033761

As for the address of the procurator, searching on google and google maps it does not exist, so any post sent there will obviously never be delivered.

This reader has also supplied some new and interesting information, Amador Galeca informed them that the directors of their timeshare had pleaded guilty in court and that all their assets had been seized, not bad, it seems that all the directors according to this group of fake law firms plead guilty!

The amount paid was for a relinquishment through the Spanish courts, which needed to be done first before they could go to court for compensation. The strange thing is, once again it seems that the jurisdiction of the Spanish Courts now extends beyond the borders of Spain and encompasses timeshare in the UK!

These readers have been lucky, they have not lost a huge amount, they have also informed their bank who is going to issue an alert to all other banks.

This does prove the point, never believe what you are told, especially when it comes to timeshare,

IF IT SOUNDS TOO GOOD, STOP THINK AND DO YOUR HOMEWORK!

homework

Now on with Irene’s article.

Florida Attorney General Pam Bondi – What about Us?

Irma Iniki and Timeshare

most people

By Irene Parker

Friday September 22 2017

Florida Attorney General Pam Bondi expressed her outrage over price gouging during hurricane Irma. While her dismay is understandable and commendable, why has there been so little effort expended to come to the aid of Florida timeshare buyers alleging they were deceived into buying a timeshare? Nationwide there have been lawsuits and Attorneys General investigations too numerous to mention.

Ms. Bondi has been quick to investigate timeshare resale scams.

Florida Attorney General Pam Bondi has filed a lawsuit against a company she accuses of violating Florida’s Timeshare Resale Accountability Act.

Florida has a specific law covering timeshare resales because it has so many of the properties, whose owners are often desperate to unload them.

In this latest case, Bondi sued Prime Resorts International, based in central Florida. She accuses the company of making telephone calls to timeshare owners all over the country, telling them they have a buyer for their timeshare. She says the company also claimed to be able to guarantee the deal would close.

https://www.consumeraffairs.com/news/florida-sues-another-timeshare-reseller-031116.html

The Berkley Group

Sources tell us Ms. Bondi is investigating The Berkley Group. The Berkley Group owns Vacation Village Resorts. With a BBB rating of F, looking into this company is a start, but acting on only 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014 seems underperforming at best.

https://www.bbb.org/south-east-florida/business-reviews/timeshare-companies/vacation-village-resorts-in-fort-lauderdale-fl-4003645/reviews-and-complaints

Ms. Bondi opened this resale investigation after receiving 85 complaints.

The attorney general opened her investigation after she said her office got more than 85 complaints, claiming to have lost more than $110,000. The suit seeks a permanent injunction against the company, consumer restitution, and a civil penalty of $10,000 per violation.

Inside Timeshare has received 144 timeshare complaints of which 130 allege they were deceived on the front end of the sale. The dollar amount in question concerns well over one million dollars. The 14 not alleging deceit say they seek relinquishment because they say they cannot afford the annually increasing maintenance fees. ARDA and the industry continue to ignore deception exists, and with lawmakers turning a deaf ear, the court of public opinion seems the only avenue open for families reporting how they have been financially devastated by their timeshare plan.

follow money

Timeshare revenue in Florida is a lot of dollars to tamper with.

As the state’s No. 1 industry, tourism is crucial to Florida’s economy – generating 23 percent of the state’s sales tax revenue and employing more than one million Floridians. In 2011, tourism was responsible for welcoming 86.5 million visitors to Florida and generated $67.2 billion in direct economic impact.

http://www.flgov.com/governor-scott-applauds-floridas-tourism-marketing-2/

The industry will be quick to respond that there are nine million who own timeshares. What difference does a couple hundred families make? It makes a world of difference to the families affected who have contacted Inside Timeshare.

Recently, the Finn Law Group took issue with the lack of disclosure provided to timeshare buyers. If feeling deceived, after spending $5,000 to over $500,000 on a vacation plan, families are shocked to learn their timeshare has no secondary market and the contract is perpetual. Contracts are deceptive in that they often state points can be sold. Buyers are not informed about the lack of buyers should they need to sell.

LARGO, Fla.–(BUSINESS WIRE)–An administrative petition has been filed against Florida’s Department of Business and Professional Regulation alleging that the agency’s approval of a request by timeshare developers to make statutorily mandated public offering statements available by providing an online address at the closing rather the furnishing hard copies violates Florida law.

http://www.businesswire.com/news/home/20170905006015/en/Finn-Law-Group-Files-Petition-Florida-Agency

Ms. Bondi appeared on Las Vegas Attorney Bob Massi’s Property Man Show in 2016 explaining how the Florida Attorney General’s office worked with ARDA and the Department of Justice to shut down timeshare resale or release scams. Mr. Massi encouraged timeshare members to contact a member of the Licensed Timeshare Resale Broker Association if they need to sell their timeshare. When I contacted LTRBA about selling our Diamond timeshare points, I was informed by several LTRBA members they know of no licensed LTRBA broker who will even accept a listing for our points due to secondary market restrictions.

https://www.youtube.com/watch?v=VHCdcS2Ds-U

Inside Timeshare has also started hearing from Bluegreen members. One member is Lela Renea, a Bluegreen member and a detective. Lela Renea says she was deceived into buying a timeshare. If a Florida detective, allegedly reports being a victim of deceptive sales, what chance does the average timeshare buyer on the street have?

http://insidetimeshare.com/fridays-letter-america-11/

When I wrote an article for TheStreet, Jim Cramer of Mad Money’s investment news service, challenging what is in my opinion gestapo like tactics demanding Diamond members stay vacationed, Diamond demanded a rebuttal, stating they understood life’s changes could render their product a liability so they were introducing a program called Transitions that would allow qualified members in good standing a way out. That was June of 2016, yet the company has yet to introduce the program. “Qualified” is the key word. Most members contacting Inside Timeshare have loans, and many allege they succumbed to high interest rate loans and credit cards after hours long aggressive sales presentations. A timeshare must be unencumbered to be eligible for any voluntary surrender program.

https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html

“Is Apollo Returning to its Junk Roots?” is the article Diamond found objectionable. Most remember the subprime mortgage crisis, but a decade earlier was the Drexel Burnham Lambert junk bond scandal that sent Michael Milken to jail for securities fraud. DBL founder and banker Leon Black filed bankruptcy on DBL only to reform and rebrand as Apollo Global Management, purchasing Diamond Resorts in 2016. If DBL liked junk bonds, which had some value, timeshare points that have no value the moment the contract is signed, should a buyer need to sell, must seem attractive.

Hurricanes and Timeshare

hurricane

One of the top complaints Inside Timeshare has received concerns upsells by timeshare sales agents on the US mainland selling against timeshare agents in Hawaii. This would be normal competition were it not for the fact the dueling agents work for the same company. Buyers tell us sales agents on the mainland side tell existing members they should not have purchased a Hawaii timeshare because of damages from hurricane Iniki that struck Hawaii on Kauai in 1992. They are encouraged to buy more points and transfer to US mainland points, despite Florida resorts included in their purchase. Obviously, Florida is at risk for hurricanes.

pam bondi 1      Ms. Bondi, please listen to us. The Arizona Attorney General has received over 900 timeshare complaints about Diamond Resorts:

http://insidetimeshare.com/arizona-attorney-generals-assurance-discontinuance/

Wyndham former timeshare sales agent Trish Williams was awarded $20 million by a jury concerning overly aggressive and predatory timeshare techniques:

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?mcubz=0

Eric Schneiderman’s $6.5 million settlement with The Manhattan Club:

http://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club/

In addition to member families,Charles Thomas at Inside Timeshare has heard from eight current and former timeshare sales agents alarmed at the escalation in predatory sales. The following comment made by a former experienced sales agent mirrors the others.

“I watched every day, agents selling DRI for double and close to triple what it was supposed to be sold for but management laughed and congratulated them for doing it.  The maintenance fees statement about buying more and using that to pay your maintenance fees was a practice that was encouraged, but be careful.  Some of the agents, who still work at DRI, would sell the program for $98k when it was only in the 50k range.  One of the guests came back to cancel but the agent said no worries, “I have it packed 40k but I’ll give then 15 off and still make a killing!”   This made me sick because these particular guests were in their late 70′ early 80’s.  I asked the agent if he had a conscience and he just laughed…if you can get them to pay more you’re a hero!!  They have the money!!

Deception actually goes back further than that.  We were told to pack the price for a trade in and imply that it was what they got back for their TS… we sold it for the regular price….they got nothing for their TS!”

(Charles Thomas, editors note: we have published on many occasions on the “stack and drop” tactic. This has been used for many years and we have seen it throughout Europe. It is used as a tool for upgrading or poaching other companies members. The consumer then believes they have had value for their other purchase).

It is our hope Diamond Resorts will listen and respond, along with Wyndham, Bluegreen and others, to improve timeshare sales today after the rise of “right to use” programs. In my opinion, such programs leave wide berth for misrepresentation and deceit.

The following are self-help Facebook pages representing over 1000 timeshare member families:

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/180578055325962/

A few of the 144 families who have contacted Inside Timeshare:

Marsha, Ann and Marjorie

http://insidetimeshare.com/fridays-letter-america-18/

Bonita Hill

http://insidetimeshare.com/tuesday-review-clarity/

Eron Grant ARDA’s Code of Ethics

http://insidetimeshare.com/fridays-letter-america-14/

Irina Allen

http://insidetimeshare.com/monday-start-another-week/

Justin Morgan and Michael Nuwer June 30, 2017

http://insidetimeshare.com/fridays-letter-australia-no-read-correctly/

Alan Callner

http://insidetimeshare.com/wednesday-article-america/

Detective Lela Renea

http://insidetimeshare.com/fridays-letter-america-11/

David Franks Chapter 4

http://insidetimeshare.com/fridays-letter-america-15/

Karen Garello Secret Shopper June 22, 2017

http://insidetimeshare.com/works-industries-not-timeshare/

Romeo and Lily

http://insidetimeshare.com/fridays-letter-america-9/

Dr. Jeffries

http://insidetimeshare.com/fridays-letter-america-7/

Angela Johnson

http://insidetimeshare.com/timeshare-advocacy-group-update/

Neina Orrillo

http://insidetimeshare.com/diamond-in-the-news-again/

Barclaycard and Member stories May 17 2917

http://insidetimeshare.com/timeshare-barlcaycard-us/

Marjorie Menacker

http://insidetimeshare.com/another-nightmare-timeshare-street-client-experience-diamond/

Eron Grant May 12, 2017

http://insidetimeshare.com/fridays-letter-america-4/

Barclays Bank Charles May 11, 2017

http://insidetimeshare.com/timeshare-finance-barclays-hot-water-high-court/

Nancy Callahan April 24, 2017

http://insidetimeshare.com/another-nightmare-timeshare-street/

A Filipino Family April 13, 2017

http://insidetimeshare.com/anatomy-timeshare-foreclosure/

Laurie Sabbagh March 17, 2017 Clarity Review

http://insidetimeshare.com/friday-review-news-across-ocean/

A Military Family March 6, 2017

http://insidetimeshare.com/consumer-protection-week-usa/

The Hurleys January 25, 2017

http://insidetimeshare.com/timeshare-advocacy/

Irina Allen January 13, 2017

http://insidetimeshare.com/timeshare-news-across-atlantic/

Kathie Old December 6, 2016

http://insidetimeshare.com/call-change-us-timeshare-industry/

Wyndham Trish Williams $20 Million Whistleblower Jury Award December 5, 2017

http://insidetimeshare.com/wyndham-whistleblower-update/

The Peasant of Venice and the Queen of Versailles November 7, 2017

http://insidetimeshare.com/peasant-venice-queen-versailles/

Sylvia Saldana and the Barclaycard October 25, 2016

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

Hug Your Haters! By author Jay Baer on the importance of Social Media

http://insidetimeshare.com/customer-service-message/

need you

Will anyone listen? Author Jay Baer is to be keynote speaker at the upcoming October Interval International Shared Ownership Investment Conference, attended by developers and private equity firms. In Hug Your Haters, Mr. Baer strongly urges companies to listen. Members are hopeful, but doubtful, developers will listen to him.

Thank you Irene and those that proof read your article and gave advice, timeshare is a crazy world, which is such a shame as it is a great idea, with many who have enjoyed it for many years. There are some very good developers and resorts, but the reputation of the industry is being spoilt by a few.

Have a great weekend.

weekend-picard

         

 

midweek

The Mid Week Slot: Another New Name along with an Article by Michael Kosor

During our usual morning search of various websites and forums, we came across this from Mindtimeshare, it is our old friends Litigious Abogados with a new name to add to their ever increasing family.

amador-galeca-300x191

Amador Galeca is the new name to look out for, the address is one that has been used before with one of their other incarnations:

Calle de V. Sanz, N14, 16, 38002, Santa Cruz De Tenerife

With the freephone number: 0800 802 1223

Email: galeca_ukclaims@consultant.com

Website: http://amadorgaleca.com/

They also have some new names, which are variations of those that have been used before, and what looks like a few new faces in the photographs of the “lawyers”.

amador-malodan-galeca-243x300
Amador Malodan Galeca

Once again it is going to be the same old story, we are taking your timeshare company to court, it is scheduled for trial within the next few weeks, pay ex-amount and be part of it. Then suddenly you are told you won, as the director, (we’ll bet it is Keith Baker or Keith Balker again) has pleaded guilty.

We will be publishing a fuller post on this when we have done a little more research.

On the subject of legal action against timeshare companies, those lawyers at Canarian Legal Alliance have once again got another result from the Supreme Court. That now makes 58!!

This one from reports is against Silverpoint, with the court declaring the contract null and void with the return of over £63,000 plus legal interest and legal fees. They also had another win against Silverpoint at the Court of First Instance in Tenerife. Again the contract was declared null and void and the return of over £59,000.

So now on with the article which was supposed to have been published in last Friday’s Letter from America.

Timeshare and Asset-Backed Security Products

cash

By Michael Kosor

September 20, 2017

There has been an increase in defaults for some timeshare companies concerning timeshare loans packaged in their Asset-Backed Securities (ABS) products. The average consumer will recall the devastation its sister security, the Mortgage-Backed Securities (MBS), created that triggered financial collapse. Consumers and regulators should pay attention to the timeshare product today so similar to the products of 2007 that led to financial devastation.

I believe this is clearly and directly related to the increase in litigation by these particular developers, targeting consumer advocates and the legal community. While there definitely are attorneys practicing questionable business practices, “Kill all the lawyers” is not the answer. Every citizen has a right to legal representation if they feel they have purchased a product sold by deceit.

Developers are rightly hypersensitive to any bad press that points to increases in loan defaults as they are sure to negatively impact ABS rating/pricing. The ABS product and the associated market are by nature complicated, not part of our public market system, so limited to sophisticated players. As such, it is not a part of mainstream news. To that end, watch a very short video published by Allison Bisbey, Editorial Director, Capital Markets Newsletter.  

https://asreport.americanbanker.com/video/diamond-resorts-abs-under-pressure-from-companys-sales-tactics

Some developers are experiencing an elevated level of defaults. In the case of Diamond Resorts, it has reached a point the rating agency for DRI, KBRA (Kroll Bond Rating Agency) recently saw fit to issue a note on the issue, albeit not surprisingly, a reaffirmation of KBRA’s original rating.

https://www.krollbondratings.com/announcements/3705

A timeshare ABS is a security whose income payments, and hence value, is derived from and collateralized or “backed” by a pool of underlying assets. Contrary to popular opinion, “hard” assets do not serve as the primary collateral – only the contractual obligation to pay. However, hard assets do provide secondary security and impact overall price/return.  

Today, the vast majority of timeshare loans are not backed by any real property interest. Timeshare ABSs sold today are little more than securitized consumer loans. Yet when I talked to the Moody analysts just a couple weeks ago about their most recent Wyndham ABS rating, they stated they use criteria established in 2003 – when a timeshare loan was typically still attached to a real estate interest.

In rating an ABS, comparisons with historical loan default rates are critical. Timeshare ABSs, notably a different underlying product than the one packaged today, report very limited/zero defaults.  This is not because the consumer default rate is or was low – to the contrary. Rather, DRI (not unlike Wyndham) uses ABS structure options allowing them to repurchase or substitute all of its defaulted loans. As a result, the ABS reports defaults as 0% while actual consumer defaults are much higher. (Note a 6% – 8% default rate for “aged” loans is informally used, if any pre-option rate is reported or available at all). Aged loans have a proven repayment history of 6 months or more. The “aged” number does not include what is certainly a much higher total consumer default percentage of timeshare loans when early defaults are included.  

The repurchase and substitution option in an ABS is typically capped at around 15% of the total. More importantly, the rating agency should not (but appear to nonetheless) give credit to the option to repurchase or substitute defaulted loans. Gross loss expectations are increasing also. It is reported in the investor literature as 11 – 12% in prior years to 13-14% today; dangerously close to underwriting limits.  

Wyndham and DRI would like its debt investors to believe the increase in defaults is due to an uncharacteristically high number of borrowers being solicited by lawyers and “scammers” offering to get consumers out of their timeshare. Thus, we see the rise in Cease and Desist letters and litigation targeting consumer “friendly” legal providers.

What is more, ABS investors, thus the developers selling timeshare ABSs, are hypersensitive to cash flow. Admittedly a bit desensitized since 2007, they will nonetheless respond when issues or news challenge a specific ABS or a class of ABS, such as timeshares.

Timeshare regulators (assuming any exist and/or pay attention) also need to be reminded that in 2007 investors experienced losses because they made decisions on bogus ratings, guarantees from mono-line insurers, and a blind faith in historically real-estate prices.  Simplistically, people ignored the quality of the contractual cash flow, relying instead on history (home price appreciation in the case of the MBS). This sounds analogous to timeshares today.  

With the rise in Social Media, timeshare members are more and more expressing increased owner unrest, disturbed by a rise in consumer complaints, as evidenced by Mark Brnovich’s issuance of Diamond’s Assurance of Discontinuance AOD fueled by over 900 consumer complaints. Is anyone paying attention?

I spoke to a Wyndham executive last month at my VOAs annual meeting. He saw this issue as a problem caused by lawyers seeking timeshare members and a major problem. With an aging population of original buyers who no longer want or need their timeshare, many don’t know where to turn when there is no secondary market and the contract is perpetual.

On a similar line, most all ABS, to include timeshares, are supported by significant “credit enhancements” to protect the investors from higher than anticipated (historical) default rates. Overcollateralization (issuing less debt than total assets held) is a particularly valued credit enhancement technique used. However, overcollateralization becomes tricky, even suspect, when the assets held by the seller have no explicit face amount/market established price as with the non-viable timeshares resale market. My impression is most agency raters, while sophisticated financial types, are not educated on the underlying change of the timeshare product pool being securitized, as most are reliant on the developers for their information and understanding.

Finally, as I noted earlier, reported default rates are zero. As a result, most rating agencies, I argue to retain clients, and many investors, dependent on industry reporting, do not dig any deeper. Both sides see no news as good news – once again analogous to the 2007 mortgage back securities fiasco. This needs to change.

risk1

Thank you Michael, not being of a financial mind, the article has been a bit of an education, I just didn’t know these things went on.

There we have it, look out for the article on Amador Galeca, more important beware of any calls or emails promising that you have money waiting for you. The truth is you haven’t, all they want is your money, so stay safe, keep your money in the bank and do your homework before parting with it.
homework kid

here we go again

Litigious Abogados: The Family Gets Bigger!

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

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

armando-gareca-abogados-logo-1

armando-gareca-abogados-armando-gareca

Armando Garcia

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

http://armandogarecaabogados.com/

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

armando-gareca-abogados-agustin-bigote-pringata

Agustin Bigote Pringata

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

armando-gareca-abogados-balthazar-fermid-nisberas

Balthazar Fermid Nisberas

armando-gareca-abogados-domingo-barlotes-miriendel

Domingo Barlotes Miriendel

armando-gareca-abogados-juan-firmid-mantadiz

 

 

 

 

Juan Firmid Mantadiz

The address they give in Tenerife is:

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

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

For Tenerife:

Telephone: Freephone: 0800 802 1 885

Tenerife: 0034 822 680 067

For Madrid:

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

Telephone: Freephone: 0800 802 1 778

Madrid: 0034 910 604 232

For Argentina:

Alsina 478, Salta, Argentina

Telephone: Argentina: 0054 387 480 0324

They also show 2 email addresses:

gareca-britishclaims@consultant.com

armando-gareca@consultant.com

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

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

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

Click on the link below to see the letter.

Armando_Gareca_Abogados redacted

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

Ramon Quilnar Canal for Litigious Abogados

Ramon Quenan Cansal for Litigr Abogados

Ramon Quilon Climol for Abogacia Española

Ramon Quena Cinol  for Abel Garcia

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

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

LIT

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

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

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

homework1

justice2

Here We Go Again: Abel Garcia the Law Firm That Always Wins!

It is only a couple of days since we published the latest article on Litigious Abogados and all the other associated “Law Firms” in Tenerife. This latest effort from the new one Abel Garcia is exceptionally brilliant.

abel-garcia-logo-1

Our reader received the following email:

Dear Mr XXXX,

We are pleased to inform you that an official lodgment has successfully been implemented. Your case can now be pursued with the Santa Cruz courts should you wish to proceed.

Our Lawyer’s office will then liaise with you every step of the way until final settlement is obtained. We have been informed that there are very strong grounds for compensation.

Assuring you of our best attention at all times, we would like to take this opportunity to thank you for your involvement thus far and send you our best regards.

I remain

Yours sincerely

Maria Sanchez Gotera.

Departamento Legal.

This email is confidential and intended for the named recipient only. If you have received this email in error, please notify us immediately and delete the email. You must not copy, distribute, disclose or take any action in reliance on it. This email message and any attached files have been scanned for the presence of any computer viruses.

© 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados.

European Union Data Protection Directive 95/46/EC

Fantastic news, he has a case and wonderful grounds for compensation, but there is only one small problem, how can the case go to court?

The purchase was made in the UK in 1999, the company that sold it, is no longer in business, the club to which he became a member is also no longer in business. According to Company House Records, both companies dissolved many years ago, as no date is showing.

So how is this very successful “law firm” able to get this case heard in Santa Cruz de Tenerife?

One, the purchase was not made on Spanish territory, so Spanish timeshare law does not apply, secondly, there is no company or club to take to court as they no longer exist. What is the betting that if this reader had paid the legal fees, in a matter of weeks they would have received what looks like an official court document showing they had won the case and been awarded substantial amounts in compensation. Also I would not be surprised if the Director of the company pleaded guilty and was named as Kevin Baker or Kevin Balker or something revolving around that.

Then there would be the next letter to say that Tax was due to the Hacienda, this would need to be paid before the court could release the cheque. The amount of “TAX” would probably be around 10% to 20% of the compensation amount. If you are unable to afford that then loe and behold, the Lawyer Liaison Mr Richard Lehman would be on hand to negotiate a Pro Bono deal, where the “Partners” would agree to pay 80% of the “TAX” amount, leaving you to only find 20%. They would even show a BBVA cheque to one of the procurators, who incidentally all have very similar names, various bank accounts and the same address.

This amount would then be added to your invoice for payment once you receive the Banesto cheque from the court procurator, one of the Davido’s, Harstun’s, Jaime’s, Jilmo’s, Darston’s or the latest one to come up D Hurstom F400SL, incidentally his first name is “DAVIDO”,  his bank account is with BancaMarch. Also has the same address as the others. They are certainly a big family!

stop press2

As we were getting ready to publish this article, our reader has received the following email and the attached letter.

Subject: Reduced Court Fees

Dear Mr XXXX

I hereby attach a letter with very good news from one of our Lawyers Mr Ramon Quena Cinol.                                            

Assuring you of our best attention and care always, we send you our kind regards.

It is important you confirm receipt of this Email and its attachment.

Yours sincerely

Madelena Huele Aflores

Departamento Legal

In this letter, the lawyer Ramon Quena Cinol, states that as the court has accepted further claims against the defendant, there are more grounds for compensation and thus the fees are less than previously stated.

abel garcia page-001 abel garcia page-002

 

The case which was lodged on Tuesday 4 March 2017, is due to be heard on 25 April 2017, at the Court of Instruction Number 6, Santa Cruz de Tenerife. Well, well, well!!! What a very fast and efficient service they perform, getting a case lodged and heard in under 2 months!

Inside Timeshare has never known any case to get to court in this speedy manner, this firm of “lawyers” must have very good connections with the courts.

For previous articles in the search box type Litigious Abogados.

Once again Inside Timeshare cannot stress the importance of doing your homework, in the case of this reader, he found the articles just in time, he felt something was not quite right and started his search. Then contacted us for further information with his purchase documents, after checking what he purchased and researching the company, Inside Timeshare was able to tell him that no claim was possible.

If you have been contacted or are in contact with any company, especially one that is offering to “claim” against your timeshare, contact Inside Timeshare and we will point you in the right direction.
homework

plot thickens

More News on Litigious Abogados

Once again Inside Timeshare has received another email from a concerned reader about Litigious Abogados, he also received an email that he had a case against Diamond and can be included in the forthcoming case.

To get this underway an initial payment of around 1000€ needed to be made, this was payable to the “Court ProcuratorDavido Harstun Jaime. The client did pay this and eventually he received the great news that Diamond Resorts pleaded guilty on 13 December 2016. The strange thing is, if Diamond were going to plead guilty, surely they would have made an out of court settlement, rather than go to trial?

He was informed the court had awarded him around 20,000€, but before this could be released he would need to pay “TAX”, again to the “Court Procurator”. There is also a new twist to this tale, he was informed that this “TAX” would be refunded to him by the UK’s  HMRC (Her Majesty’s Revenue and Customs). This would be in June 2017 after the lawyers had made representations in his behalf.

Now, why would HMRC refund any “TAX” paid to a court in Spain or to the Spanish Government?

The plot is certainly getting thicker in order to lend credibility to this operation. Inside Timeshare wonders what the next twist will be.

LIT

This is a full list of the company names and websites with all names that appear on documents and emails:

Websites:

www.litigiousabogados.com/

http://emiliocatillianos.com/

www.litigarabogados.com/

http://manuelamasconde.com/

http://abogaciaespanola.com/

http://fernandoholaci.com/

http://www.davidoharstunjaime.com/

Lawyers:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

Ramon Quilnar Canal for Litigious Abogados;

Ramon Quenan Cansal for Litigar Abogados;

Ramon Quilon Climol for Abogacia Española.

Procurator:

Davido Harstun Jaime.

Addresses:

Litigar Abogados and Litigious Abogados

Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife,

Abogacia Española

Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España.

Staff named on Emails:

Luisa Ernas Fernandez Departamento Legal;

Layla Lavame Fernandez Departamento Legal;

Layla Lavame Carita Departamento Legal;

Maria Sanchez Gotera Departamento Legal;

Madelena Huele Aflores Departamento Legal;

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados. European Union Data Protection Directive 95/46/E

court_doc-page-001
Court Document
Compensation_Cheque-page-001
Compensation Cheque issued by the Procurator

 

Luckily for this reader he found the previous articles on Inside Timeshare and this has saved him several thousand euros. Once again this proves you need to do your due diligence before engaging any company, doing your homework will save you money and heartache.

If you have been contacted by any of the companies in this and previous articles, Inside Timeshare would like to hear from you. It is through your information that others can be warned.

 

consumer alert

Litigious Abogados: The Plot Thickens

 

litigious-abogadoslitigar-abogados-4

Back in September 2016 Inside Timeshare published the article Litigious Abogados Who Are They? This followed a warning published by Mindtimeshare on 23 September about a so-called law firm Litigious Abogados. They also highlighted another firm in July 2016 called Litigar Abogados, it turned out that both websites apart from lawyers names were exactly the same, even sharing the same address: Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife, which when checked on Google Street View it turns out to be the Oficina del Servicio de Atención Ciudadana, the equivalent to the Citizens Advice Bureau of the local council.

Since then another has been highlighted called Abogacia Española, with the website:

abogacia-logo

http://abogaciaespanola.com/

 

This website again is identical to the other two, this time showing a different address: Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España, with the telephone number: 0800 802 1758.

 

The following is the website for the founder Fernando Holaci

fernando-holaci-300

http://fernandoholaci.com/

All three websites show a photograph of the founders of the companies:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

 

litigar-abogados-24

The only problem is they all have the same photograph, it could be that they are identical triplets!

Since the original articles more documentation has been sent in by a reader ( we shall call him Mr X) who was almost taken in by Litigious Abogados, unfortunately he had already paid them around 1200€ for procurator fees, and was about to pay more when he found the original article.

Below is the original contact letter he received telling him about the case against his timeshare company. They state “we are officially recognised by the high Court of Santa Cruz”, their “lawyers are legally authorised to operate in any Court of Law in Spain” and they “are currently working in conjunction with the Spanish Authorities”. This is signed by Ramon Quilnar Canal of the Reclaim Department.

original-letter pdf

Ramon Quilnar Canal has a photograph in the Litigation, Civil law section of the Litigious website, problem is it the same photo on the other two websites, with the following names:

Ramon Quenan Cansal on the Litigar website;

Ramon Quilon Climol on the Abogacia Website.

 

ramon-quilnar-canal

These picture are more than likely to have been downloaded from the net from lawyers images on google etc.

Now to the court case.

Mr X then received a letter with the amount that needed to be paid to the Court Procurator Davido Harstun Jaime, this was originally 1,312€ reduced to 1,201€ and was refundable. Once he agreed to this he would be included in the case, which was to be heard on 15 November 2016. The website and address for Davido Harstun Jaime the Procurator is:

http://www.davidoharstunjaime.com/

Avenida Juan Carlos I, Edificio Valdez, Oficina 604-605 B, 38618, Arona, Tenerife.

proc-fees-letter  pdf

court_fees1  pdf

confirm-case  pdf

Then in a letter dated 17 October 2016 Mr X is informed that the hearing on 15 November was successful and he had been awarded the grand total of 32,449€ not a bad sum. It may be a clerical error but we did not think that time travel was yet possible!

confirmation-of-win  pdf

Mr X was then informed that the money had been lodged with the “Procurator” and a cheque had been made out in his name (he received a copy by email to confirm). Only snag is he must first pay the tax to the court procurator to release the funds. This amounted to around 6,800€, unfortunately he could not afford that amount and informed Litigious of this.

compensation_cheque  pdf

They then informed him of some good news, after a conversation with the lawyer liaison Richard Lehmen, a meeting was held and as a goodwill gesture they would pay 50% of these fees on his behalf. Mr X would pay this back when he received his money. A cheque was made out to the Procurator and a copy sent to Mr X. This letter was signed by Simone Maro Malivaz (Abogado).

bbva_cheque_on_behalf_of_mr-x  pdf

Inside Timeshare has made substantive checks on all the named lawyers and none have shown up on any Bar Association Register, nor have the companies shown up on company house records.

All the emails Mr X has received have been signed by the following:

Luisa Ernas Fernandez Departamento Legal

Layla Lavame Fernandez Departamento Legal

Layla Lavame Carita Departamento Legal

Maria Sanchez Gotera Departamento Legal

Madelena Huele Aflores Departamento Legal

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados.

European Union Data Protection Directive 95/46/E

This is a very sophisticated operation and for anyone who does not know the legal or tax systems in Spain it looks very plausible. Once again Inside Timeshare urges anyone who receives any calls, email or letters stating that their timeshare company is being prosecuted or that they have won a substantial amount in compensation to be very careful. Unless you have personally instructed a law firm, signed a power of attorney with a notary for them to act on your behalf, then there is no case. Also court taxes and government tax are paid when the case is lodged with the court by your instructed law firm.

This story proves the point that doing your homework and due diligence is the most important thing to save you possibly thousands. If you require any information about any company that has contacted you with anything similar or even by any of these contact Inside Timeshare and we will look into them for you. It will also help other readers not to be taken in.

 

consumer alert

Litigious Abogados: Latest Information

Back in September Inside Timeshare published the article Litigious Abogados Who Are They? Since then we have received the following information from one reader who has been contacted by them, this article explains how they are operating.

litigious-abogados

This reader received a call and emails explaining that they had won their case against Club la Costa at the Court of First Instance, Santa Cruz de Tenerife, they had been awarded 24,261 Euros. Fantastic news, the only problem is they did not even know they had a case going through the courts.

img_1627 img_1628

There is also a small matter of “TAX” needing to be paid in order to release the funds, this amounts to 21% of the awarded amount and totals 5,094.83 Euros, which has to be paid into the account of one D Harstun SL at the Banco Sabadell.

img_1633

According to the accompanying letter, the Procurator for their case, Davido Harstun Jaime, has already signed the tax forms on their behalf and once payment is received by the Court Procurator Office, the tax lawyer for Litigious Abogados Mrs Olivia Navarro will liaise with them to execute the tax logistics and have the funds released by the Court Funds Office. This letter is signed by Manuel Mar Prilo (Abogado). Along with the contact number 0034 822 250 489

No lawyers have been found with any of these names. Also when this number was called a native English speaker answered with “Claims Department how can I help you”, when asked what the company name was he just hung up.

To back all this up, copies of the tax forms duly made out were sent to the client, along with a copy of the court sentence.

agencia-tributaria

This document is almost certainly a fake, from genuine documents Inside Timeshare has on file, it is missing some vital information, even the “court stamp” is one that has not been seen before (google justice logo images and it is on there). It is also strange that a case has gone to court, been adjudicated, sentence passed and the money paid into the court by the timeshare company in such a short space of time. All this without any statement being given to the court by the client no power of attorney given to the “lawyers” to act on their behalf and most important not even knowing they had a case going to court. This is not how it works.

 

court_doc-page-001
Copy of Court Sentence (Right click to enlarge)

Also there is the matter of “TAX”, when a client instructs lawyers to instigate legal proceedings, court taxes are paid at the time the case is lodged, once the court has made judgement the client will receive the awarded amount without the need to pay any tax. Especially not to a named individual or company. If any tax was due, this would be paid directly to the court or the tax authorities.

This is a sophisticated fraud, which plays on the uninformed public in another country. After all if you receive documents that look official, not knowing how the laws and tax systems work in a foreign country, would you not believe they were genuine. In this case the person had found the original article and contacted Inside Timeshare for advice and confirmation, fortunately he did not pay any money to them. So that is 5000€ this lot will not be getting.

The problem is now, how many others have they taken in?

Litigious Abogados Contact details are:

Tel: 0800 862 0102

The address given is:  Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife.

This address is not quite correct, it should read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife. This address is actually for Oficina del Servicio de Atención Ciudadana which is part of the Ayuntamiento or local council offices. (Checked on google maps street view).

cab-arona

Links to previous articles

http://insidetimeshare.com/1059-2/

http://insidetimeshare.com/litigious-abogados-update/

If you receive any calls or receive any official looking documents by email or post be very wary of them, especially if you have not instigated any legal process. It also takes a long time for these cases to actually get to court, then there is the process of the loser taking it to appeal which will prolong the case even further.

Inside Timeshare would like to hear from anyone who has had any contact with companies such as this, it is through your information that others can benefit. If you have any comments or questions about this article or any other matter, contact Inside Timeshare through the comments section.