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Santa Cruz

The Tuesday Slot with Irene

Welcome to The Tuesday Slot, this week we publish another Veterans “Nightmare on Timeshare Street”, with the introduction by Irene Parker. As with many of the other articles published on Inside Timeshare this is a story from the Veterans own personal experience, these stories have become all too familiar with us at Inside Timeshare, not just from Veterans but also serving members of the armed forces and law enforcement. But first some other news.

It looks like Diamond Resort International have yet another legal action filed against them, this was filed by Labaton Sucharow LLP, on 23 July 2018, on behalf of their clients Local 705 International Brotherhood of Teamsters Pension Fund, under the Securities Exchange Act 1934.

Once again this is a Class Action lawsuit, which others who may be affected being invited to join, further details can be obtained from: www.labaton.com. (See link below).

https://globenewswire.com/news-release/2018/07/25/1542302/0/en/Labaton-Sucharow-LLP-Files-Securities-Class-Action-Lawsuit-on-Behalf-of-Diamond-Resorts-International-Inc-Investors.html

There is another new name has come up on the radar, Martinez Notarias with lady called Victoria Holmes contacting consumers who had dealings in the past with our old friends Ramirez and Ramirez. She claims that they can recover along with compensation what the consumer paid, now the worrying aspect is she knows exactly how much was paid, which only leads us to conclude that she is either working with Ramirez or has managed to get hold of all his old records. We actually believe that she is working with Ramirez.

She sends out to those interested Non Spanish residents tax exemption form, which is downloaded from the internet, once the form is completed it then has to be faxed not posted back. There is no website but there is an email [email protected] which is just a normal Gmail free account,  the telephone numbers being used are:

(+34) 603208693 Spanish mobile

Fax: 070 1197 2107 The code 070 is a personal number.

Personal numbers allow a person or businesses to give out a single phone number, then redirect their incoming calls to different locations as and when they choose. 070 numbers can also be used as temporary numbers. For example, somebody selling a car through classified adverts could set up an 070 number to receive enquiries then disable the number after the car has been sold, rather than publishing their real home or mobile number. So this is not a very good sign!

Another new “fake” Procurador has also been flagged, CARLOS RIHOM IGRAIM, with the website:

http://procuradores-igraim.com

The website was only registered on 25 June 2018 so is only just over a month old, yet according to the website they have been established since 1973 and have over 40 years experience. The email they use is [email protected] which again is not linked to the website but is another free email provider such as gmail or yahoo.

The address they give  Calle Yamun 23, Edif. Ifuami, Oficina 328D, Santa Cruz, 38009, Tenerife, when checking this address on google maps, guess what, nothing comes up!

It appears that this “Procurador” is also part of the Legalidades Abogados setup, (Litigious Abogados family). Remember unless you have instigated any legal action, any call to tell you that your timeshare company is about to be taken to court and you will be in for substantial compensation, it is all a lie, they are after your money and that is all.

Now for this weeks article.

Timeshares Affecting the Lives of our Veterans

Another Veteran Family

A Tahiti Village Timeshare Experience

July 31, 2017

Introduction by Irene Parker

Inside Timeshare reached out to Tahiti Village. I talked to a Tahiti reservation agent. He was very nice, explained Consolidated was bankrupt, and that we would need to contact Soleil Management as to their response to this article submitted by a Tahiti owner, who wishes to remain anonymous. The Tahiti agent took my information and said he would forward to Soleil.  We did not hear back.

By a Discouraged Tahiti Village Member

Inside Timeshare can forward comments to this Tahiti member requesting anonymity.

Nevada and the businesses and agencies operating within it have no intention to do anything about timeshare fraud, so I hope the court of public opinion will be more effective. Please Share my article on your Facebooks to let people know about timeshare business practices and to seek answers to questions you should ask before signing any timeshare contract. If you don’t, you may find yourself stuck in a timeshare trap as we are.

I am writing this article to let people know about our Tahiti Village timeshare experience. I hope to warn other people to ask the right questions, so they don’t find themselves saddled with a timeshare they can’t get rid of. We made our last payment December 2017. I last heard from Tahiti Village in April. We have always had good credit, but now, as seniors, we face foreclosure.

I retired from a ATT & T, so I understand customer service. Our experience with Tahiti customer service has been disappointing. When I wrote good comment cards, Tahiti would respond, but when I submitted our concerns, Tahiti ignored those comments.  

When searching the internet, I found this email address from a member seeking other members who wish to pursue a class action lawsuit against Tahiti Village:  [email protected]

https://www.ripoffreport.com/reports/tahiti-village-scam/las-vegas-nevada-89119/tahiti-village-scam-shannon-deceptive-sales-lies-and-misrepresentation-of-facts-l-1432118

Tahiti Village has a Better Business Rating of A+ despite two of two negative reviews.

https://www.bbb.org/southern-nevada/business-reviews/resort/tahiti-village-vacation-club-in-las-vegas-nv-77371/reviews-and-complaints?section=reviews&reviewtype=negative

We have been Tahiti Village timeshare members since 2008. We enjoyed our Tahiti experience for several years until 2015 when we were steamrolled into purchasing an upgrade. By 2012, things had changed. Once when we checked in, we discovered our unit was nasty, the carpets were worn, the couches ripped. One year there was a bad smell in the master room. They just sprayed deodorizer, which did not help. The next year the microwave did not work. As we were checking out they brought the microwave. This is what our maintenance fees are supposed to cover.

Pressure to upgrade ensued. After one presentation, we felt like we had been held hostage after a four hour sales. We ended up upgrading from a fixed to a floating week with RCI. Since then, many things have happened that have turned what was a bearable irritation into an unbearable nightmare. In addition to seeing the fees rise, we now realize we were pressured into purchasing a timeshare product that we never really wanted in the first place. It is a timeshare product not worthy of what we are paying.

My husband, a Navy veteran, served his country for 20 years. Our Armed Forces Vacation Club benefits far exceed this timeshare. We paid Tahiti our hard-earned money for a product that has never lived up to its billing and has been a source of much stress.

As we explored ways of getting rid of our timeshare, it became apparent that many things we were told were not true, including

  1.    The timeshare is an investment that would appreciate in value,
  2.    We would be entitled to tax breaks,
  3.    We could rent the timeshare to pay maintenance fees,
  4.    The timeshare would be easy to resell, assisted by Tahiti.

So, after 10 years of paying for a timeshare that we were told would appreciate in value, could be rented and could be sold for a profit, we are left disappointed and angry. You can sell a house, even with a mortgage, but it seems there is no way out of a timeshare trap.

At times I stayed at Tahiti without my husband. If he was not with me I was treated markedly poorer. I felt that this is because they would always try to upgrade us if we were staying there together. When my husband was not with me, the customer service was worse, and the rooms were of a lesser quality. If we had a problem, even when staying together, reception would tell us they would look into our concern without ever doing so. One time,I asked for a first floor room because my daughter was on crutches and we ended up with the furthest room on the fifth floor. It seemed the only time we were treated with respect was when they wanted more money. This has been a source of irritation through the years, but not enough to warrant action.

When I wrote directly to Tahiti Village Resort asking to be released from this timeshare, I received no reply. I wrote to Soleil Management. They told me that they were not responsible for any misrepresentations that may have happened at the presentations because they were carried out by Tahiti Village Resort and they were merely the managing agent. Tahiti Village Vacation Club also said they were not responsible for any wrongdoing.

I wrote to ASNY, who claimed to be the developer and seller of the resort, as well as the managing agent for Tahiti Village Vacation Club. They said they were not responsible for any complaints about the quality of our stay and we should contact Soleil Management. They then proceeded to give me the usual spiel about how I signed the contract and they were innocent of any wrongdoing perpetrated by the sales staff. They also said that because we had been customers for 10 years, we had no case so would no longer correspond with us. (Inside Timeshare comment: Where have we heard this before?)

According to Ripoff Report, Tahiti is also known as Consolidated Resorts but have learned Consolidated filed for bankruptcy protection:

https://www.ripoffreport.com/reports/tahiti-village-consolidated-resorts-soleil-llc/las-vegas-california-89145/tahiti-village-consolidated-resorts-soleil-llc-tahiti-village-soleil-management-awsuit-479999

Why is the length of time we owned the timeshare be relevant if we always believed our timeshare was an investment that could be sold if need be? It wasn’t until we wanted to get rid of the timeshare did we learn we had been lied to. If you are in a dead-end relationship and your partner decides to go one step further and punch you in the face after 10 years, should you have no recourse?

So far, we have filed a complaint with the BBB and had our complaint dismissed before any real dialog took place. The Nevada AG referred us to the Real Estate Division. We filed with the Real Estate Division, who said they could not help.

In my opinion, Nevada, and the businesses and agencies operating within it, have no intention to do anything about this so I’m hoping the court of public opinion will be more effective. Please share my article on Facebook to let people know about our Tahiti Village experience and to warn potential buyers to do their homework before buying any timeshare.

Comments from Irene

The public, especially the military, need to be aware that a decision to sign a timeshare contract means signing a contract in perpetuity, often with no secondary market. Maintenance fees have a tendency to increase, so the timeshare can easily become cost prohibitive, even when there is no loan outstanding. Attorneys General investigations and settlements are appreciated, but seem to be only financial speed bumps in the life of a timeshare company. There has been no federal enforcement.

When a timeshare has little to no secondary market, even if you spend $100,000 or more, there is a good chance you might not be able to sell it or even give it back. Scams abound, promising to get you out of your timeshare or your money back. A few of these companies are legitimate, but several readers have reported they did not receive their money back, even when the timeshare returned to the developer due to foreclosure.    

Inside Timeshare has received timeshare complaints from 63 active duty and retired military and law enforcement personnel. Some of the active duty members are concerned about losing their security clearance due to timeshare foreclosure.   

Whistleblowers of America is an organization dedicated to seeking justice for veterans and Active Duty military. WoA presented a Timeshare Advocacy Group™ report to a Joint Committee on Veterans Affairs March 14, 2018. We hope lawmakers will wake up and do something about this. If a timeshare member is helped by our efforts, we encourage a donation to Whistleblowers of America.

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, Washington, D,C.

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group™ which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Thank you to our Veteran for their story, they also wished to remain anonymous, also thanks to Irene for the hard work you put in to edit and write the introductions for many of these articles. In Friday’s Letter from America we will be publishing the Better Business Bureau Timeshare Report, which also has some very interesting recommendations to the industry.

If you have any questions, comments or even would like to have your experiences shared with others, then contact Inside Timeshare using our contact page.

Have you been cold called by a company offering any service from resale, claims or relinquishment, or even found one on the internet and want to know if they are genuine, then use our contact page and Inside Timeshare will point you in the right direction.

Remember doing you due diligence and homework will save you your hard earned cash.

Litigious Abogados: Another New Name to the Family.

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

http://legalidad-abogados.com

Registered on 20 May 2018

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

 

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

 

The lawyers are named as:

Armando Calenam Salderol

Daniel Lominiar Golteras

Carlos Demanar Voltarisa

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

Legalidad Abogados S.A.

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

Freephone: 0800 802 1938

Tenerife Tel: 0034 822 684 515

[email protected]

[email protected]

So what are Legalidad Abogados doing?

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

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

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

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

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

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

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

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

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

Another New Name for Litigious Abogados Family

Well here we go again, and another name to add to the family of Litigious Abogados, just a slight change from a previous one, Legalidades Abogados is now Legalidades Tenerife. The lawyer is still Alberto Kalim Ro Galvera, along with Juan Luis Lutabaris, Miguel Halcon Morato and Manuel Goletas Gitano.

The company address is one that has been used before with Legalidades Abogados:

4, Calle San Francisco, Santa Cruz, 38002, Tenerife.

Telephone number are:

Freephone: 08008021916

Tenerife: 0034 822680087

The new website is www.legalidades-tenerife.com and was registered on 16 April 2018, obviously due to the fact that Inside Timeshare has previously identified the photographs of the so-called lawyers they used on previous websites, this one does not have any photographs, the registrant is again hidden by a privacy service. But it is still a fake law firm nonetheless. .

According to the letter sent to our reader, they have lawyers legally authorised to operate in any court of law in Spain, Portugal, Italy and Malta. The growth of the company over the years has been mainly due to numerous cases against timeshare companies.

The letter also states that they are currently involved in a class action for punitive damages against Petchey Leisure Group SL and MGM SL, along with one of their directors Mr Howard Manton.

Apparently their consultants have “gleaned” enough information to lodge a claim on the clients behalf. Their lawyers have successfully lodged the clients claim with the court on Tuesday 5 June 2018, using ref number BOE-S-2018-136. The hearing has been set for Tuesday 19 June 2018 at 12.20 at the Santa Cruz Court No 5.

Well that is very quick work indeed, they obviously have a great deal of influence with the judges and the courts.

The claim amount is for 22,934€ but there is a fee that needs to be paid first, this is for the Court Procurator and is 706€ which has to be paid directly to the Procurator. In this case the Procurator is Elinabeta Yessica Elierz with the address:

Calle Abierta Numero 6, Edificio, Cerebro, 228, 38001 Santa Cruz, Tenerife. This address does not actually exist, it could not be found on google maps or any other searches.

There is no telephone number only an email:

[email protected]

The website www.elinabeta-elierz.com/ was only registered on 29 May 2018, it is not even a month old. The Registrant is also hidden by a privacy service.

The bank account the money has to be paid into by bank transfer is in the name of the Procurator and is  with La Caixa, Avenida Islas Canarias, 2, El Faile, 38632, Santa Cruz de Tenerife. The number at this address is actually an apartment, although there is a bank on the corner of Avda Islas Canarias and Calle Fuerteventura, it is not a La Caixa, the bank is actually a Caja Canarias.

Bank Details Procurator

The other strange thing is the “court” document lodging the case, the defendants are: Petchey Leisure Group SL, Resort Properties SL, Silverpoint SL and Howard Manton. There is no mention of MGM SL, plus we didn’t know that Resort Properties and Silverpoint were linked to Petchey!

Fake Court Document

It is blatantly obvious that the whole scam will be just as we have seen in the past, Next week on probably Wednesday 20 June, the client will be informed that the Director Howard Manton will have pleaded guilty and the court has awarded even more than the original claim. Now the second stage of the scam will kick in, there will be taxes to be paid to release the money, then if they are true to form the third stage will come into play.

This third stage is the envelope sent to the clients with the cheque will arrive opened, the letter from the court will be there but the cheque will be missing. The client will naturally contact Legalidades informing them of the missing cheque. Days later a new company that has been “appointed” by the court will be in touch and inform them that the cheque has been cashed, it did used to be a gang of Romanians, then it changed to Ukrainians, we just wonder what gang it will be this time. Anyway this new firm will need a payment so they can reclaim the lost amount from the bank.

As we have seen in the past this is a very clever and well worked out fraud, the paperwork looks very convincing especially if you do not know what the genuine ones look like.  They are full of official looking stamps, logos of genuine official bodies and the English in the letters is actually quite good.

In the end, this is a fraud, the process of taking a case to court takes a lot longer than these guys claim, from being lodged with the court and the trial date being only 14 days is an absolute miracle!

If you have been contacted by a law firm with a similar story to this, contact Inside Timeshare, your information will help others. Unsure of who is contacting you or just needing to find out if one you have found on the internet is genuine, again use our contact page and we will point you in the right direction.

Doing your homework is going to save your precious hard earned money, don’t let these crooks lead better lives than you with your cash!

Friday’s Letter from America

Welcome to this week’s Letter from America, in this article by Irene Parker with a contribution from Mike Finn of Finn Law Group, we look at the Timeshare Tax Trap.

The Orlando Sentinel has also published an article about Diamond and Orange Lake Resorts sueing Mike Finn, they accuse him of using  “false and misleading” claims in his ads. The article also mentions that Mike is cited by many publications as a successful cancellation attorney who along with other groups monitor timeshare companies, they go on to name the National Timeshare Owners Association and also Inside Timeshare. Mike is a regular contributor and offers valuable insights into the law for Inside Timeshare For the full article click on the link below.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-orange-lake-timeshare-finn-20180404-story.html

But first a new warning from Europe, one of our long standing regulars has been contacted by a new “law Firm”, yes you guessed it, another new name in the Litigious Abogados family from Tenerife.

legalidades-abogados-logo

The new name is Legalidades Abogados, using the same address we have seen before:

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

Freephone: 0800 862 0995

Tenerife Tel: 0034 822 250 502

email: [email protected]

email: [email protected]

Once again the address is genuine and shows 2 lawyers plaques on the wall, neither are this one. The email addresses are also not linked to the website, but are ones you can register for free at consultant.com.

According to their website http://legalidades-abogados.com/ they were founded by  Alberto Kalimro Galvera, on Monday 19th July 1990. Again this date in 1990 was actually a Thursday, so once again not very much attention to detail there. They also still insist they have over 15 years presence on the internet, not bad since the website was only registered on 15 March 2018 with the registrant hidden by a privacy company.

After the initial call they send an email which is signed by Angelica Imolintos Lesterno from Departmento Legal. Also attached is a letter of 3 pages with many official looking logos, it is signed by another new name Pablo Ibernas Cavosa.

Here are the new lawyers names and photos, once again probably downloaded from the internet, without the knowledge of the actual persons.

alberto-kalimro-galvera  luciano-emanca-domeras  pedro-arenolde-verandel  gabriel-lindeno-miraldo-203x300  pablo-Ibernas-cavosa-legalidades-abogados-300x201

From left to right: Alberto Kalimro GalverLuciano Emanca DomerasPedro Arenolde VerandelPablo Ibernas Cavosa.

 

In this long winded letter, they go on to say that it is a “no win no fee” arrangement, but as we know from past experience the next stage will be a fee is required for the Procurador. After this there will be a fee to pay “tax” to release the money from the court.

Once again we remind you to be very wary on companies that make these wonderful claims, especially with a “no win no fee” arrangement. Do your homework, you know it makes sense.

Now for this week’s Letter from America.

The Timeshare Tax Trap – A 1099 Loan Forgiveness Tax Liability

$170,000 Diamond Timeshare Points Purchased for no Reason

Timeshare Attorney Mike Finn, a former C.P.A., weighs in

Tax Time

By Irene Parker

April 6, 2018

Two Inside Timeshare readers contacted us alarmed, because they received an IRS 1099 form, informing them of a timeshare tax liability. For one family, this meant possibly an additional $170,000 in income. This would have been bad enough, but the already Platinum Diamond Resort member said they purchased the points to participate in a program that did not exist.

Timeshare members have learned there is little to no timeshare enforcement of timeshare regulations in some states, so by relying on the oral representation clause, timeshare sales agents are allowed to say anything to sell vacation points. The Nevada Real Estate Division has routinely replied to timeshare buyers, “You have no proof,” according to member reports. Today’s family is one of eleven families complaining about the same sales Las Vegas sales agent.

A reminder no one should pay upfront money without checking with us or one of the advocacy self-help Facebooks and websites listed below. Lack of a secondary market for timeshare points gives rise to a flourishing community of scam artists.

This former Diamond member says DRI sales agent Rick Casper, working out of Polo Towers in Las Vegas, told him to buy more Diamond vacation points to eliminate maintenance fees. He and his wife wanted to talk to someone at DRI because they were struggling to pay maintenance fees on the 50,000 DRI points they already owned. This member is a 100% disabled Vietnam veteran, having been exposed to Agent Orange. The former member did not contact us to complain about Diamond Resorts. He wanted to know if there was anything that could be done about the 1099. I did ask why he purchased additional timeshare points from Rick Casper, given Inside Timeshare has received 11 identical complaints about the same Las Vegas sales agent over an 18 month period.    

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for the maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

Inside Timeshare has heard from 114 Diamond Resorts members since January 1. By publishing these accounts we hope to inform new timeshare buyers, and existing members upgrading, that the timeshare contract is perpetual, maintenance fees increase, and in most cases there is little or no secondary market.

Buyer Beware Active Duty military and law enforcements are especially affected by a bad timeshare purchase. We are assisting seven in fear of losing their Security Clearance. The ages and branch of military service of the 11 Rick Casper customers, who report being financially devastated as a result of their Polo Tower purchase, include:

  1. Age 69, Army, retired, 21 years
  2. Age 70, 100% disabled, Army, Agent Orange
  3. Age 68, Coast Guard veteran
  4. A stage 4 cancer patient, age 40s
  5. Age 60
  6. Age 69, Gulf War veteran, on 25 meds
  7. Age 61
  8. Age 66
  9. Age 56
  10. Mary Pfeifer, age 72, new complaint not unresolved
  11. Denise Hodgkins, age 56, new complaint, unresolved

I asked my CPA about the 1099. She said they would have referred the tax filer to a tax attorney, so the problem is not that simple. As usual, we went to timeshare attorney Mike Finn of the Finn Law Group. Mike provided an article about this important topic on his Learning Center.

https://www.finnlawgroup.com/learning-center/tax-time-contract-cancellation-timeshare-developer

An excerpt from Mike’s article:

Loan forgiveness

The 1099 form is referencing a large amount which may very well be taxable income! Unlike a mortgage balance forgiven, which would have been spread out over the life of the loan, this possibly taxable sum has been reported to the IRS in one lump sum! Say the amount reported is about $25,000. Say further that your tax bracket is 20%. Your new added tax bill is $5,000, and it’s due April 15th!

So, does this tax form receipt mean that the recipient is stuck with the tax bill for the so-called income? Well, possibly.

Consult with a tax professional before you assume that your receipt of a 1099 form from a timeshare developer automatically means you’re staring down significant tax liability. Understand we are not providing tax advice, merely a possible position that we believe is quite tenable and worth exploring with your own tax advisor. Although it’s accurate for me to state that I was a Certified Public Accountant, it is much more important to note that my C.P.A. licensure has long ago lapsed (because I didn’t choose to keep up with the annual professional education courses necessary to retain my certification). Please take your tax preparation advice solely from your own qualified tax return preparer.

Every tax filer is unique, with differing facts and circumstances. I am not offering, nor should you interpret my comments, as tax advice.

Historically, over the past half dozen years or so, hundreds and hundreds of Finn Law Group clients have received IRS 1099 forms, both 1099A’s and 1099C’s.  The receipt of these forms creates confusion.

I point you to IRS form #982. This is the form that the IRS advises should be filed along with the income tax return itself as a form of supporting schedule, which provides notification to the IRS that the amount presented to them via a 1099 is being acknowledged, but further, that the amount listed should be excluded from the taxpayer’s gross income. The myriad of possible reasons provided on the 982 Form are in and of themselves confusing and difficult to understand. I’m therefore providing my readers what I suggest may be appropriate reasoning in concluding that, in many cases, there should be no “income tax penalty” imposed after successfully negotiating a release of contract with your timeshare resort.

Allow me to provide my argument as to why some forms of debt forgiveness may well be construed as taxable income, and then differentiate the negotiated act of cancelling a timeshare contract and why this transaction therefore logically should be treated differently.

Since “income” generally means a measure of accretion of wealth or value added to your worth, then the cancellation of a debt, when that debt was incurred when you received something of value, should be counted as income because the elimination of the debt liability plus the retention of the item acquired when the debt was incurred increases your net worth. Under this definition of added wealth, the taxing of same would be quite logical.

Applying this argument to the cancellation of a timeshare contractual obligation and its related underlying indebtedness, it’s immediately evident that the cancelled owner has retained absolutely nothing of value. They’ve surrendered their interest in exchange for a debt and/or contract cancellation, but after the transaction they have absolutely no accretion of net worth.

Indeed, they’ve lost anything previously paid on an ‘asset’ they no longer own, so any argument that they’ve achieved and retained income or anything of value because of the contract cancellation is simply not accurate.

In terms of taxpayer reporting requirements, the issue becomes murkier when you apply it to timeshare transactions. Whether or not the industry will ever acknowledge that the resale value of a timeshare interest is minimal at best, what we can establish is that it would be extremely unusual for anyone other than the resort developer to acquire the timeshare interest at foreclosure, and therefore the liquidated basis of the interest will nearly always be zero, or at best a nominal value at foreclosure. Also making the timeshare transaction more complex in terms of following the instructions of either IRS form 982 and/or publication 4681 relating to this issue is determining whether the underlying debt should be viewed as “recourse” or “non-recourse,” given the propensity of the developers to utilize non-recourse based non-judicial foreclosures to recover the interest the greatest majority of the time.

I’ve attempted to avoid becoming overly technical in terms of specifically advising of taxpayer reporting other than to suggest very generally that the filing of the IRS form 982 will most probably be required. Lastly, I do strongly recommend utilizing a professional tax return preparer, as these forms are not at all intuitive.

I earnestly wish that I could offer something less complex to help provide absolute answers to this prominent issue, but I do feel that this is important because the financial ramifications are potentially high.

Respectfully provided,

Michael D. Finn, Esq.

Michael-D-Finn2

Thank you, Mike, for the timeshare accounting lesson. One question I had is,

What is the difference between a 1099 A and a 1099 C?

http://www.koontzassociates.com/pages/know-the-difference-between-a-1099-a-and-1099-c/

Contact Inside Timeshare or one of these self-help groups if you have a timeshare nightmare. We know there are many that use and enjoy their timeshare, some having not faced a need to sell it, or were lucky to purchase from a sales agent that sold the product as the product is intended.

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/

Deceptive

Elder Abuse:

https://www.fbi.gov/news/stories/elder-fraud-charges-announced

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings. Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams.

Thank you Irene for this weeks article and also a very big thank you to Mike Finn for his contribution.

Inside Timeshare welcomes your comments on this or any article published, also if you need any information about your ownership or any company that has contacted you or you are thinking of doing business with, contact Inside Timeshare and we will point you in the right direction.

Friday is upon us the weekend beckons, we hope you have a great and relaxing one. See you next week.

weekend 1

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

End of January Review

So that is the end of the first month of this year and what a month it has been, if this one is anything to go by then we are going to be in for a busy year. So let’s have a quick look at some of the main events.

We start with two stories published this week, the first is a quick update on the website of Worldwide Timeshares Unlimited.

Yesterday RCI thanked Inside Timeshare for reporting the use of their logo, they confirmed that it is being used illegally and their legal department had been informed. Today when checking the website the RDO and Expectations Holidays logo’s had been removed, unfortunately the Canarian Legal Alliance logo and copied news section are still showing. CLA have been informed.

It has also come to our attention that Antoni “Toni” Muldoon also has another website:

http://www.scam-busters.co.uk/

Supposedly to help people being scammed by the likes of him, one does have ask the question, is he the reformed character he makes out to be or is this just another way of getting your money?

spots

Regarding the Anfi letter to UK members and the use of the BBC program Rip Off Britain, we had the opportunity to see the program for ourselves, the “lawyer” named on the program was one Emilio Leyes Catillianos at the address Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, is the very same one that Inside Timeshare first reported back in July and September 2016.

That address is actually for the Oficina del Servicio de Atención Ciudadana, similar to the Citizens Advice Bureau.

CAB Arona

This particular “lawyer” was part of the Litigious Abogados setup, which is one of those Inside Timeshare provided evidence to CLA for their denuncia to the Guardia Civil in February 2017, (see link to CLA website to view a copy of the denuncia):

https://www.canarianlegalalliance.com/fraud-alert/

The sad thing is the program is too late to highlight this as the website has already gone and been replaced with many new names, the latest was published here on 8 January, Abogados Canarias, with the main “lawyer” named as one Manuel Cilavoz Varintos. I would say that their research team has a lot to learn or is the program just there for entertainment purposes?

Since the start of this year the US articles many written by Irene parker, has resulted in 38 complaints received by Inside Timeshare and dealt with by our US team (all volunteers). Since we began actually counting the number of complaints received at the end of 2016, the US team led by Irene has dealt with 291 complaints. Again what does the rest of the year hold in store?

Also at the beginning of the month we reported that Trading Standards had raided several offices of the Mark Rowe owned companies which include Sellmytimeshare.tv ABC Lawyers and his Monster Credits enterprise. We have now been informed that South West Police are contacting clients of his various companies, so it certainly looks like a major criminal investigation is taking place.

We are also still waiting to hear about the sentencing of Dominic and Stephanie O’Reilly of EZE Group, this was supposed to take place this month at Birmingham Crown Court.

Another article published this month was Spanish Timeshare Laws Simply Explained. This was in response to many enquiries from timeshare owners who had been contacted by various firms stating they had a claim, or their timeshare company was being taken to court and they could join in the case. The main point of the article was unless your timeshare was purchased in Spain you will not have any claim, it also pointed out that even if you did purchase in Spain your particular contract may be legal and therefore there is no claim.

Inside Timeshare also welcomed Lisa Ann Schreier with her first article. Lisa is a well known figure in the US, she is also the author of the book Timeshare for Dummies, we look forward to more contributions in the future.

lisa ann

These are just some of the stories published this month, we end with news just in from Canarian Legal Alliance.

It looks like they have had a tremendous start to the year as they announced that they have received favourable judgements in 14 cases against these resorts:

Anfi, Silverpoint, Puerto Calma, Palm Oasis and Diamond International.

These cases have been heard in various courts around Spain, ranging from First Instance, High Courts and Supreme Court. The latest being a Supreme Court ruling against Palm Oasis making the total figure for rulings from Spain’s highest court to 86!

The total amount awarded by the courts in these cases is staggering 267,224.25€ so there are some very happy ex-timeshare owners.

Inside Timeshare would like to thank all those who have contributed to all the articles this month and all the readers who have supplied some of the information which has helped in the research.

Again if you have any questions about any of the articles published or need any help in determining if the company you may be thinking of doing business with is legit, contact Inside Timeshare and we will point you in the right direction.

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.

 

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.

 

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.

Litigious Abogados: Update.

Further to the article on Litigious Abogados published 27 September, The so called lawyers named on the websites for Litigious Abogados and Litigar Abogados, do not appear on the register of lawyers.

 

There is also no trace of either company when the CIF Numbers are checked on Spanish companies register. It certainly looks like these companies are not what they appear to be.

 

The named lawyers are as follows:

 

Emilio Leyes Catillianos.

Manuel Amas Conde.

Simone Manuel Olivaz.simone-manuel-olivaz-111

Ramon Quilnar Canal.ramon-quilnar-canal

 

Websites and CIF Numbers:

litigious-abogados

litigiousabogados.com

http://emiliocatillianos.com/

CIF Number: A36428761

 
litigar-abogados-4

litigarabogados.com

http://manuelamasconde.com/

CIF Number: A34812673

Address Given on all websites for these “Lawyers” is:

Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife

Actual address:

Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife

Along with the fact the address is for the Oficina del Servicio de Atención Ciudadana, which is the equivalent to the Citizens Advice Bureaux and is part of the town hall in Arona, it is advised that extreme caution should be exercised if contacted by either of them.

cab-arona
Oficina del Servicio de Atención Ciudadana, Arona, Tenerife.

If you have been contacted by either of these, Inside Timeshare would like to hear from you. Any help required to trace any company you can contact us and we will help you to check if they are genuine.

 

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