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April 2017

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.

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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!

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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.

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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.
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Europe: Silverpoint News. US: News from Irene

Recently Silverpoint has been making the headlines due to the rulings against them not just at the Supreme Court, but all the lower courts on Tenerife have also followed suit.

Now it has been announced that Silverpoint has withdrawn its membership to the Resorts Development Organisation (RDO), this will come as a blow to the timeshare industry trade body, as Silverpoint was a major contributor.

Another announcement was from The Association of Timeshare Owners Committees, (TATOC), only recently Silverpoint downgraded their membership from Platinum to Silver, now they have withdrawn their membership completely. Again Silverpoint was a major source of funding to TATOC. So the donation to them of $30,000 by ARDA has come at the right time. TATOC have also stated that the following resorts will remain affiliated members: Palm Beach Club, Hollywood Mirage Club and Beverly Hills Heights. We also have to remember, part of Beverly Hills Heights is being sold off, with many members being moved to other apartments or to the Hollywood Mirage.

beverly hills heights
Beverly Hills Heights

Silverpoint have also announced that they will no longer be selling “Timeshare”, well that is a surprise, as according to them in their own evidence to the courts, they sell affiliations to a club and “weeks to investors” and this was not timeshare. Fortunately the Supreme Court did not agree with them, this court stated they did sell timeshare, that the so called “investors” were in fact consumers of timeshare.

Many of these cases have been reported here on Inside Timeshare, for more information on this have a look at the Canarian Legal Alliance website news section. All the Supreme Court judgements have been published by them.

https://www.canarianlegalalliance.com/category/silverpoint/

So now the question has to be asked, what are they going to be selling if they are not selling timeshare?

Rumour has it, from very reliable sources, Silverpoint are going to be selling “Holiday Packs” and “Freehold Property”. Obviously, if they have withdrawn membership from the timeshare industry trade body, the “holiday packs” will not be coming under timeshare law, so what will that be regulated by?

On the “Freehold” side, is this going to be full freehold or is it going to be a rehash of Fractional?

Is this going to be regulated by Real Estate Laws?

Another question that needs to be asked is, could all this be down to the the courts now rejecting Silverpoints defence and finding at last in favour of the consumer?

Will the RDO and TATOC also now acknowledge the fact the law in Spain as laid down by over 50 Supreme Court rulings is correct?

Only time will tell, we will be keeping an eye on developments and report them here, as and when the news comes in.

Today we also publish another story from our US writer Irene, in this short article she announces the start of the new series from Fox News Property Man Season 3 with Bob Massi.

Bob Massi is a renowned Nevada lawyer with many years experience as well as a TV celebrity.

Irene and her husband Don will be on his show on 14 April, they recorded an interview segment some time ago with Bob Massi, on their own timeshare experiences. So Irene and Don have become “timeshare TV rock stars”. (I must get their autographs).

rock star cartoon

FOX News Property Man Season 3 Premiere airs Friday April 7

Follow up to first timeshare segment “How to Get Rid of Your Timeshare”

news paper

By Irene Parker

April 5, 2017

Season 3 of The Property Man with Bob Massi will begin airing this Friday, April 7th at 8:30 PM ET on FOX BUSINESS NETWORK. The show will continue to air on Friday evenings on Fox Business Network (FNC’s sister channel) at 8:30 PM ET.  We are looking forward to Season 3 in Arizona airing and wanted to thank all of you for joining us on the show.  I will send individual emails to all of you with the exact air dates for your segment(s).  We welcome all social media promotion and interaction:

Bob Massi Facebook: www.facebook.com/RealBobMassi

Bob’s prior Timeshare Segment featuring Licensed Timeshare Resale Broker Association Members:

http://insidetimeshare.com/?s=bob+massi

Bob Massi Twitter: @RealBobMassi

In case you haven’t checked out Property Man website and clips,

http://www.foxnews.com/shows/the-property-man/index.html

http://video.foxnews.com/playlist/on-air-the-property-man/

calender sheets

My Vacation Plan has turned my life upside down. Let’s review the timeline.

July 2015 I attended a timeshare sales presentation where my husband and I were blatantly lied to. The same day I learned 4500 hundred promised exchange points were credited only 3000 the third year I used the program. I turned on the television and watched Las Vegas Attorney Bob Massi, host of Property Man air “The Queen of Versailles” about Westgate timeshare owners. I wrote to Mr. Massi and was selected for an interview because, out of a multitude of respondents, I was the only one who wanted to talk about the positives of timeshare, in addition to the negatives.

http://insidetimeshare.com/?s=peasant+of+venice

Second, advocacy efforts contributed to the Arizona Attorney General’s $800,000 settlement against Diamond Resorts and the issuance of an “Assurance of Discontinuance.”

http://insidetimeshare.com/?s=arizona+attorney+general

Last, but not least, one of the oldest law firms in Nevada filed a billion dollar class action against the company. A motion is pending, as reported by Irina Allen.

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

http://insidetimeshare.com/?s=billion+dollar+lawsuit

Diamond Resorts was acquired by Apollo Global Management. Apollo was founded by banker Leon Black. Mr. Black also founded Drexel Burnham Lambert of junk bond fame. When DBL declared bankruptcy, Mr. Black founded Apollo.

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

Stay tuned to Inside Timeshare and FOX News Property Man for upcoming turns of events.

Advocacy Works!

http://insidetimeshare.com/?s=advocacy

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

around globe

Related story: FOX Celebrities Dave Ramsey and Laura Ingraham endorse

http://thetimesharecrusader.blogspot.com/2016/11/an-open-letter-to-dave-ramsey-and-laura.html

So there we have it, Silverpoint no longer selling timeshare, the RDO and TATOC losing a major source of revenue and long standing member.

Consumers purchasing in Spain now being protected by the strongest timeshare laws in Europe, with massive payouts for past infractions of these laws. Let us hope that other countries will enforce the law to the same degree and protect timeshare consumers all over Europe, no matter where they bought. After all, that is what the EU Directives on Timeshare were put into place.

If you have any questions about this article or any published on Inside Timeshare, contact us and we will try to answer them for you. If we don’t know the answer we will find out for you. If you have been contacted by or are looking at dealing with any company and want to know more Contact us and we will point you in the right direction.

Litigious Abogados: Showing Some Charity!

Nothing surprises us here at Inside Timeshare, but sometimes we are a little taken aback. This time it is the very charitable offer from that wonderful group of “lawyers” in Tenerife, Emilio Leyes Castillianos or Litigious Abogados.

LIT

Readers of Inside Timeshare have shared with us the latest in this firm’s game plan, our readers informed this company that they could not afford to pay the “Tax” to the Procurator, Darston Jilmo Davida. They also asked for their original fees to the Procurator to be returned, conveniently the lawyer liaison Richard Lehmen did not receive the email.

Instead he had a meeting with the partners of Litigious Abogados and they very generously have offered to pay 80% of the “Tax”. As they state in their lovely letter “ We as a firm, occasionally carry out “Pro Bono” work, to assist those who are unable to pay for services, or, as in your case, pay the imposed tax fees”.

Ayuda redacted-page-001Ayuda redacted-page-002

Above the letter offering the “charity” payment.

They then go on to say “We feel that there is a lot of money at stake for the common good and therefore you were made eligible for this arrangement, however this decision was reached mainly because Mr Richard Lehman explained to us your particular circumstances”. I would guess the “common good” was their own pockets!

I don’t know about you, but this Mr Richard Lehman is a very lovely person and the lawyers are the most charitable I have come across. They are sending a BBVA cheque to the Procurador to the value of 5,384.40 Euros, which is 80%, leaving the client to pay 1,346.10 Euros. They will then invoice them for this amount and add it to the 20% commission upon payment of the compensation cheque.

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A previous readers “charity” cheque to the Procurator
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Latest “charity” cheque to Procurator

 

 

 

 

 

 

 

 

 

 

 

The letter ends with “We trust the above is clear and pledge to be as proficient and professional as you would expect of a company of our standing”. This is signed by Simone Maro Malivas, Abogado. This is a new name to add to the list of “lawyers”.

Also the Procurado seems to take on a new persona, this one is Darston Jilmo Davida, with a bank account at the BancaMarch, Then there is  D Harstun SL with a Banco Sabadell account Harstun Davido Jaime with his account at Bank Santander. Another name was Davido Harstun Jaime, just wondering if they are brothers, or just the same person?

Cuenta Procurador.-page-001 Modified Court Fees-page-001 procurator-page-001Three of the Procurator bank accounts.

The question is how have they managed to set up so many bank accounts, after all many of us who live in Spain had to show so much identification to open up our accounts?

Going back to another firm in this little family living in Tenerife, Legitimos Abogados, one of the named lawyers, Juan Luis Partalabo, one document gives his Colegio de Abogados (bar association) number as 4057. When checked against the bar association registry 10 names come up around Spain, none with this name or the colleges he is supposedly registered in: Madrid; Málaga and Santa Cruz de Tenerife. So this would confirm he is not a registered lawyer.

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So far we have not been able to locate any of the named lawyers in any colegio de Abogados, on mainland Spain the Balearics or the Canary Islands.

Court Document 01 Court_Doc-page-001 Court_Lodgment redacted-page-001Three fake court documents

As we have said before, this is a very well put together operation, we have seen very convincing court documents, copies of cheques with clients names on, wonderful letters offering to “pay the taxes” and to cap it all, the sending of cheques to clients. The only problem the letter was open and the cheques missing. This is then followed up with another letter from another firm, claiming that a gang of Romanians have stolen and cashed the cheques. They have been charged with getting your money back but in order to do this they have to be paid.

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The Banesto compensation cheque issued by the “court”

Please remember, courts do not issue cheques, especially on Banesto cheques which were taken over by Santander in 2012 and they stopped using that name. There are no “Hacienda” taxes to be paid for compensation. These cases do not exist, even the best law firm in this field cannot get a case to court within the timescale these have done.

For all the articles on this group of law firms and consultants search Litigious Abogados in the search box.

This is a great example of doing your due diligence, it looks very genuine and to those of you who don’t know how the system works in a foreign country or what the official documents look like, will be taken in. If you have been contacted by any company or law firm that tells you that the court has money waiting for you or that you have a claim, contact Inside Timeshare and we will have them checked for you. There has been a huge proliferation in these types of fraud since the Supreme Court ruled in favour of clients of the Canarian law firm CLA, so do your homework.

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