Browse Month

October 2021

It’s Friday & We End the Week

Welcome to the end of another week with Inside Timeshare, this week began with the article A Little Known Name but Integral to Silverpoint. It is a name that has appeared over the years but was hidden in the shadows, attention was very much on others. The full story of Diana Aitchison and her involvement is only just beginning to surface.

On Tuesday we published yet another warning on the FAKE law firm from Tenerife stealing the good name and website of a rather prominent and respected lawyer from Madrid. The story of this FAKE law firm has been a regular feature over the years, highlighting the many changes of name, but, their recent use of genuine law firms names and websites has taken it to a whole new level of fraud.

The article on Wednesday was really prompted by the many emails received with questions about claims. Our readers were somewhat confused at what they were being told, one response to the article was just what we expected. One former Anfi owner was told he had a claim, it didn’t matter that he had not paid maintenance or received bills since 2006, with no contact whatsoever. He still had a case as the contract was illegal, to get a case in court it would cost £5000+ for legal fees. Our reader, we are glad to say, didn’t fall for that one.

There was no article on Thursday as it had to be shelved due to a legal settlement, all I can say is that it was mutually beneficial to both parties. Although it would be nice to publish a “good news” story, we respect the wishes for no publicity.

We now end the week with some news from the courts, yes, you have guessed it, Anfi once again takes a prominent part. But first, we begin with Silverpoint.

This is one company that is going to be in the news for quite some time, for one Norwegian client their battle with Silverpoint has moved a step closer to completion. The Court of First Instance of Arona has declared their contract null & void, which was to be expected considering the fraudulent nature of the Silverpoint products.

The Judge also ordered the client to receive 257,552€ plus legal interest and legal costs. This award included the payment of double the amounts taken illegally during the statutory cooling-off period.

Due to the liquidation process of Silverpoint, the clients lawyers will now be making legal representation to the Mercantile Court in order to secure the amount for the client. This is the first stage to becoming a “Confirmed Creditor”, now considering the amount to be repaid has been ordered by the court, I would have thought this was now just a formality.

Always in the News, for all the wrong reasons!

Moving from Tenerife to Gran Canaria, more specifically, Anfi and their constant appearances in the courts.

There was one result from the High Court this week, again it was due to another frivolous appeal by Anfi. I know this gets a bit boring, but the Judges at the High Court once again “DISMISSED” the Anfi appeal.

In their ruling they endorsed the original sentence of the Court of First Instance 100%, as we have stated before, this is all in accordance with Spanish Law and the rulings of the Supreme Court.

The client’s contract was declared null & void with the return of 54,749€ plus legal interest and legal costs.

At the Court of First Instance Number 4 of San Bartolome de Tirajana, an English client had their contract with Anfi declared null & void, along with the return of 22,055€ plus legal interest and legal costs.

Usually, we would say that we expect Anfi to appeal, but, due to recent events and the ordering of “necessary liquidation” by the Mercantile Court, we wonder if they can appeal?

Another case involving German clients was also heard at the Court of First Instance of SBT, this time Court Number 1. Again the judge in accordance with Spanish Law declared the Anfi contract null & void, also ordering the repayment of 54,749€ including interest and costs.

The same question as above also applies to this case, but the lawyers from Canarian Legal Alliance who represented the clients will be ensuring that these cases and awards are filed with the Mercantile Court

If you would like more information on any article published or just have a comment, please use our contact page or leave a comment on the appropriate article.

Have a great weekend and join us again next week.

Claims Calls: Do You Have a Case?

One of the most common inquiries Inside Timeshare receives is on the subject of claims for “misselling of timeshare”, it seems that no matter when or where you purchased, you have a claim. Even without checking the paperwork, the “legal consultants” on the phone will tell you that they can help you get your money back and the contract cancelled, or that your name has been included in a “class action”. Either way, the intention is very clear, they want your money.

You, the timeshare owner will be bombarded with information on E.U. Directives on Timeshare, that your contract is in breach of these “European Laws”, and as a result, you can take the case to court. Well, that is not quite true.

The E.U. Directives are just that, they are directives on how timeshare should be regulated, they are not laws that can be enforced in a court of law. The idea behind the directives was to unify and regulate how timeshare was sold and operated within Europe, it was then down to the individual states to place those directives into their own domestic laws.

Out of all the E.U. States, there are really only two that did and they also strengthened those laws to ensure the protection of consumers, they are Spain and Malta.

In Malta, the timeshare industry comes under the auspices of the Ministry for Tourism and Consumer Protection. Maltese Law is very strict, it even has special provisions for the “ticket touts” or OPCs, licences are required with substantial deposits before issue. The regulations on how and where they operate are strictly controlled and the penalties can be very severe from fines to the deportation of offenders. The PDF below is taken from Maltese Legislation regarding OPCs.

But the most well known for implementing timeshare laws in favour of the consumer is Spain.

We see the results of these laws emanating from the courts on a daily basis, but as we stated at the start, not all contracts are claimable. There are many factors that have to be taken into account, and the only people who can give you a definitive answer are the lawyers, once they have examined your documents and case.

Inside Timeshare has many examples of “owners” being told they have a claim and will get their money back when in reality they don’t. One recent example is a timeshare purchased on the Costa del Sol, the resort is one of the many based at Miraflores, a huge resort that can only be described as a small town.

According to the many phone calls they have received, they have a great case, their timeshare contract is illegal, that is in no doubt as it is in perpetuity, longer than the 50 years allowed by law. Great news I hear you say.

Unfortunately, although he does have a case for an illegal contract, he has no case to take to court. In this instance, the company who sold the timeshare, a marketing and sales company that is legally liable, are not what you would call solvent. Yes, you could take the case to court and win, but you would not get anything back, you would have paid all those legal fees for nothing. It is not a “VIABLE” case.

Another case is a gentleman who has been in touch with Inside Timeshare for quite some time, and each time he says he has been told he has a case. Inside Timeshare has had his documentation checked and there is no case under Spanish Law.

He purchased with Marriott on the Island of Mallorca, he believed he was purchasing weeks at the Marriott Resort in Mallorca. He attended the presentation, was impressed and purchased. At first, everything appeared fine, that is until he was unable to make any reservations at his “home” resort.

After several cold calls which all said the same thing, he had a case, remember they haven’t even seen the documents, he decided that he would take legal measures and have his contract declared null & void and the return of his purchase price. But, he had a nagging suspicion that all was not quite right with the “companies” he had spoken with, so contacted Inside Timeshare.

Once we received copies of his purchase agreement we could tell that he had no case, but we would let our own trusted lawyers check the documents.

As we first thought, he had no case under Spanish Law, his purchase although it was made and paid for while he was in Mallorca, he didn’t have a Spanish timeshare. His contract was for a resort in America, the contract was processed at the Marriott HQ in Florida, payment was made through Florida and all contracts, taxes, maintenance and anything else came under Florida Law, all notarised in Florida. To all intents and purposes, he purchased a US timeshare not what he thought was one based in Spain.

He was informed of this and we heard nothing for some time, then out of the blue, he makes contact again, this time saying he has been told that provided he can prove he was in Spain he has a case in the Spanish Courts. After making the necessary checks we informed him that he was being told “porkies” again.

Just these two examples show how careful you have to be, yes you may have a case, your contract may be illegal, but is the company that sold it still operating or solvent?

Remember, these cases are against the company that sold it, not the resorts themselves, look at our friends Anfi, the cases are against Anfi Sales and Anfi Resorts, the sales and marketing side, they are not against Anfi Vacation Club or the actual resorts.

As far as timeshare purchased outside of Spain, it really does depend on how the E.U. Directives were implemented in their domestic laws. We know that there have been very few cases in UK courts, UK timeshare law is not what you would call consumer-orientated. Although there are other measures which may just get you your money back, these are not as easy as they are made out. They also do not have your contracts declared null & void or even terminated. That is a separate issue.

As we have also stated in previous articles, especially the ones published recently, unless you have personally instigated a case in the courts, employed the services of a genuine lawyer who has prepared and filed the case on your behalf, you do not have or are included in any case.

Would you like to know if you have a contract that is illegal under Spanish law, is it a viable case and what are your legal options?

Please use our contact page and Inside Timeshare will get back to you.

Fakes Steal Genuine Law Firms Identity

Last week Inside Timeshare reported on the “Fake” lawyers using the identities of genuine people and law firms to defraud unsuspecting victims of thousands with false court awards. Well, they have struck again, we can also safely say it is the same people that have been behind the long-running fraud of The Litigious Abogados Family. It is not just about the thousands they are stealing from people, it is the use of respectable people and law firms to give them credibility to achieve this, that has taken this FRAUD to a whole new level.

In our previous article “End the Week: The Fake Law Firm Usurping Anothers Good Name”, we showed how they have used photographs taken from websites and the internet of some very prominent people. All to give themselves the credibility to carry out their “SCAM”.

From this, they moved to steal the name and website of a law firm based in Madrid, Adarga Abogados. To the unsuspecting victim, making a search on the internet confirms Adarga Abogados to be a genuine and seemingly respectable law firm, just what the fraudsters want.

Now they have “Usurped” the name of another GENUINE law firm, JR Abogados, based in Madrid and an office in Alclà de Henares. The director of the firm is José Ramón Felipe Condés, a lawyer from the Alcalá de Henares Bar Association (collegiate number 4,108). With a rather impressive Resume:


José Ramón Felipe Condés
  • Lawyer registered by the  Alcalá de Henares Bar Association  (nº 4,108)
  • Law degree from the  University of Alcalá de Henares  (1.993 – 1.998)
  • Master in Telecommunications Law from the  Universidad de Comillas de Madrid ICAI-ICADE
  • Master in operating systems and communications from  FYCSA  (Formación y Consultoría SA)
  • Bankruptcy Administrator. Civil and Commercial Mediator

He has also been awarded the following citation for Customer Services.

Genuine Website for JR Abogados:

https://jrabogados.es/

He himself has been in the news and the story is heartwarming, to say the least, the first link is to Youtube and a TVG interview, the second is a written version of another interview on the same subject. 

https://www.abogacia.es/actualidad/noticias/12j-jose-ramon-felipe-acogio-en-su-casa-a-una-pareja-a-la-que-defiende-de-oficio/

The law firm itself is no stranger to the press as the link below to an El Diario article on the firm and is followed by a review in Confidencial Judicial. Both highly praise this law firm.

https://www.eldiario.es/madrid/somos/malasana/jr-abogados-uno-de-los-bufetes-de-madrid-mejor-preparado-para-solucionar-tus-problemas_1_6433041.html

https://judicial.elconfidencialdigital.com/articulo/bufetes/probablemente-mejores-letrados-madrid-especialistas-derecho-civil-penal-internet/20210215190531013546.html

Given what we have found in a very quick search, it is obvious that many people will be taken in, just what the fraudsters wanted, along with the official and genuine looking court documents, Procurador letters and fake Notaries, they are well on their way to getting your money.

We also have to look at the possible repercussions to the genuine law firm, their reputation being sullied, plastered over the internet and unfortunately believed by some.

Our friends at the TCA did make contact with JR Abogados, who were shocked, to say the least. They categorically denied any involvement in any cases in the field of timeshare, they are also taking the appropriate legal measures.

Moving on to the documents, they are the exact same as those from our previous articles, although there does appear to be a link that confirms our suspicions they are the same outfit, is the reference to S & G Abogados. (See link to previous posts on S&G Abogados).

This firm was highlighted in several articles back in 2019, with “court cases” against various timeshare companies and individuals who were “supposed” to be the directors. Those same cases have been mentioned in the letter from the fakeJR Abogados.

Below are the letter and email from S & G Abogados from 2019, and the letter from the “(FAKE) J R Abogados” letter. They just happen to be the same victim!

Fake Court Documents

They even came up with a very good excuse for the amount being lower than the original case, apparently, it was because their previous “lawyer” didn’t turn up for court.

Well, they wouldn’t would they, if they don’t actually exist!

The audacity of their actions in fraudulently using a reputable law firm and sheer contempt for the people they are stealing from seems to know no bounds.

The email addresses they are using are not linked to the genuine J R Abogados, they are as usual either free email providers or subscription-based, which have probably been opened using false identities. These are:

Fake Contact Details:

jrabogados-canarias@consultant.com

[email protected]

Tel: 0800 802 1864

The genuine J R Abogados email is directly linked to their website and is:

[email protected]

Tel: +34 911 289 985

Whatsapp: +34 647 335 243

Once again, this shows how vulnerable timeshare owners are to scams, especially when they have been targeted before, more often than not by the very same people, if not, then by others who have bought your details.

These criminals twist the truth to draw you in, yes there are court cases being won in the Spanish Courts, but unless you have personally instigated those proceedings, then these people are telling you lies. It is as simple as that.

We cannot reinforce our message more than we already do.

Before you proceed do your HOMEWORK, not just a cursory check on google, Stop, Think, Question and Question again. You already have most of the answers, you just need to open your eyes and they will be staring you in the face.

If you are not sure how to do these checks or where to start, then Inside Timeshare will be happy to point you in the right direction. If we are not sure then we know where to look.

Do you have any comments on this subject or any other article published we would like to hear from you, please leave a comment on the relevant post or use our contact page.

Please also use our contact page if you have any questions regarding your contracts, legal position and options for relinquishing, Inside Timeshare will get back to you with the correct information.

Link to previous articles on S&G Abogados.

https://insidetimeshare.com/page/1/?s=sg+abogados