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Start the Week: Yet Another Fake Firm

Welcome to the start of yet another week in the world of timeshare, yes, it is only Monday and we have yet another fake firm. Once again it looks like a genuine lawyers name and Colegio registration number are being illegally used to perpetrate this fraud against members of Eze Group. There is also a very disturbing aspect to this one, they seem to know the client’s precise details from how much they paid to the date they purchased and their membership number. This leads us to believe that the details have come directly from the Eze Group client database, most likely from an ex-employee.

The name of this particular “scam” company is Gonzalez Abogados Services, with the address

Calle Valez Malaga 29016

This is actually the wrong spelling. It should be Calle Vélez Málaga 29016, the address also does not show any building number so it would be difficult to actually locate them.

They also use the email address [email protected] which as you can see is a free Gmail account.

The contact number given is +44 1173 180515 which is a UK code for Bristol.

The email received is introduced and signed by a Caroline Brooke’s, yes, you have seen it correct, an apostrophe in the name! 

The email begins with

My name is Caroline Brooke’s, 

The Intent of this email is to make you fully aware of the recent closure of the week Regency Shores (EZE Group) Holdings SL and also to stress that this will be your last opportunity to recover any funds from the aforementioned company.

It then goes on with the story of the Birmingham case against Dominic O’Reilly and Stephanie O’Reilly, outlining the sentences they received. It then goes on to explain how much the client is to receive and that:

The details we have are in line with EZE GROUP records that are now held by the court.

This is where we get your details from as obviously, you are listed as a  member of Eze Group and we work directly for the High Court.

Well, this particular paragraph certainly increased the noise from the alarm bells, as we have stated before, the courts do not employ any outside firm to contact “victims”, they will certainly not divulge any details of contracts or membership. It is also a case that the High Court of Malaga is not and has not heard any case against Eze Group, Regency Shores SL or the O’Reilly’s.

The email also has two paragraphs designed to try and put the client at ease:

We realize you have probably received Countless other calls regarding claiming against EZE Group:…*PLEASE BE WARNED-Some of these calls may be genuine but we do know there are many Fictitious companies preying on Eze Group members..so please be aware and be vigilant!

IMPORTANT. 

PLEASE NOTE-  WE DO NOT RIP PEOPLE OFF OR ARE WE ASSCOCIATED WITH ANYONE RIPPING PEOPLE OFF…WE CHARGE A FAIR PRICE, THE BEST YOU WILL FIND…AND WE DO THE JOB!! 

This last paragraph really did make us laugh, I have never known any law firm use this type of language and as you can see from the snippets published here their spelling has a lot to be desired!

They then introduce the lawyer, giving a very brief history of the law firm, the lawyers Colegio (bar association) number and also a NIF number.

Gonzalez-Abogados is a totally legal company founded by Maria Gonzalez in 1964.

González Abogados is now headed by José María González López, collegiate lawyer nº 2959 of the Illustrious Bar Association of Malaga, with NIF 33367739-Y.

The email ends with the following:

**Please note this is your last chance to process a claim as all cases will be closed after 28th JANUARY 2020**

The Colegio registration number given is for a lawyer named José María González López, who was first registered as a lawyer in 1993. One fact of the email is genuine and that is the date the law firm was founded, 1964 by José María González Carrera.

Lawyers details from
Abogacía Española CONSEJO GENERAL

Calle Linaje nº 4 7ºA ES 29001 Málaga

Telephone:

+34 95 221 98 99

Email:

[email protected] 

Website:

https://www.josemariagonzalezabogados.es/

Looking at the website there is a biography of the lawyer and he certainly is what can be only described as a very upstanding lawyer who also co-founded InterLaki Spain Finland in 2009. This firm gives comprehensive advice on legal matters for those with interests in Spain and Finland.

The lawyer concerned has been contacted and informed of the situation by email, as soon as we receive a reply it will be published here. But we are absolutely sure what that reply will be!

This once again shows that you need to be on your guard when receiving any telephone calls or unsolicited emails such as this just as this particular reader has done.

If you receive any calls or emails regarding Eze Group or any other timeshare related company giving you information on court cases or the fact money has been awarded or set aside for you, please use our contact page and let us know. We will help you find out if they are genuine or not.

Remember doing your homework is a vital step in not losing your money!

Marriott: More Evidence to Circumvent Spanish Law

Recently Inside Timeshare published the article “Marriott Contracts Circumvent Spanish Laws”, today we reveal another example of this practice by one of the world’s major timeshare developers. Many operators have tried to get around the very strict timeshare laws which Spain enacted on 5 January 1999, by using various methods such as UK limited companies and the inclusion in the contracts of the clause that the contract is bound by and under the jurisdiction of UK laws and courts. This practice did work for a time as judges in the Courts of First Instance did not accept the case as they believed that UK jurisdiction did take precedence over Spanish Jurisdiction.

Last  September Inside Timeshare published the ruling of the High Court of Malaga. This court ruled that although the contract did clearly state UK law and jurisdiction with the sales agents being a UK limited company, they ruled that Spanish Courts did indeed have jurisdiction. The fact the purchase was made in Spain brings the sale directly under Spanish timeshare law.

Inside Timeshare has now received information from yet another reader of Marriott using this practice of selling products from their sales office at Marbella Beach Club but showing the sale as being elsewhere.

Back in 2005, this reader was on holiday around Marbella and was invited to attend a presentation at the Marriott Beach Club Resort, which they duly attended. After a fairly lengthy presentation, which we all know is all too common, our reader signed up for membership.

The presentation was conducted by the sales staff of MVCI Holidays SL, a Spanish entity registered at Marbella Beach Club based in Marbella. The purchase was for membership to Marriott Vacation Club International with the home resort being the Phuket Beach Club in Thailand. Well, this is not really a problem, after all, there are the internal exchanges as well as membership to Interval International which did give them, in theory, plenty of choices worldwide.

Marriott Mai Khao Beach Club Phukett

It is now that the problems come to light, this readers circumstance have now changed, the timeshare is no longer needed or being used. They were then contacted by several “claims” companies with the promise of using the Spanish legal system to recoup the purchase price and have the contract declared null and void as it was illegal under Spanish timeshare law.

They were told they had a very good case and were asked for a sizable amount for legal fees, they decided to investigate further as the company they were talking to had not even asked to see their documents. The whole process was done over the phone.

It is a good job they did decide to look into this, after contacting Inside Timeshare they emailed copies of their documents. We checked the documents with a leading law firm who informed us that there was not a case which could be brought in Spain using Spanish timeshare laws.

Although the presentation was made in Marbella the documentation is signed by a representative of Mai Kao Development Limited a Thai registered company and not of MVCI SL (Marbella).

The seller and sponsor being:

Maikhao Vacation Villas Limited.

The seller’s Agent:

MVCI (Thailand) Limited.

Marriott Ownership Resorts Inc Orlando Florida.

The only reference to Spain is the fact the presentation was made by MVCI SL, this according to the lawyers precluded any case from being filed in a Spanish court.

When we consider the last article where the purchaser who thought they had a membership with Marbella Beach Club but in fact with a resort in Virginia, this does now look like Marriott knew exactly what they were doing. We also have to remember that this is only 6 years after the enactment of the new timeshare laws which prohibited the sale of any timeshare in Spain with a contract of more than 50 years or which included points or floating weeks systems.

Was this a very deliberate and premeditated attempt to circumvent the laws of one country by using entities not associated or registered with it?

We leave you the reader to decide, Inside Timeshare believes it was.

Have you purchased your timeshare with Marriott, have you been contacted and told you do have a valid case?

Do you want to know if what you have been told is true?

If so, please use our contact page and get in touch, Inside Timeshare will get back to you and point you in the right direction.

Link to previous Marriott article.

https://insidetimeshare.com/marriott-contracts-circumvent-spanish-laws/

Silverpoint Declares Liquidation: Who will be Next?

Welcome to the Friday edition of Inside Timeshare, today we have some breaking news which has just been made public. There has been a huge amount of speculation regarding the Silverpoint, most of these rumours have claimed that Silverpoint has already been placed into liquidation, that is not actually the case. The process is more complicated than simply “going into liquidation” as we will try to explain.

On 15 January 2020, Silverpoint presented to the Mercantile Court a declaration of insolvency & provisional liquidation (Concurso de Acreedores). This does not actually mean they have declared bankruptcy. It is a legal process in Spain which can be invoked by the company voluntary or invoked by its creditors. It is applied when the company is considered to have more creditors than it does assets.

This move is something that Inside Timeshare and others including Canarian Legal Alliance have been expecting for some time. Over the past few years, Silverpoint has been monitored very closely with the movement of funds between various accounts at the forefront.

This transfer of funds and assets was a blatant move to hide them from the authorities to avoid payment, this has already resulted in an investigation initiated by the State Attorney. (See links for the report in El Diario at the end).

The first part of this process is for the Mercantile Court to appoint an external (independent) administrator who is then obliged to inform all creditors of the current situation. The administrator will also have to produce a full and exhaustive report on Silverpoint’s financial operation over the past years.

If the administrator discovers any serious irregularities not only with the liquidation but the actual running of the company, they can, in essence, classify the liquidation and company administrator guilty. This means that the administrator, which in the case of Silverpoint is Mark Cushway, may be personally responsible with his own assets, he may even face a custodial sentence.

Mark Cushway: Could find himself liable.

At this point Inside Timeshare must point out that Mark Cushway was also CEO of Resort Properties before it became Silverpoint so he must have known all about how the company was operated. He was also a director of the RDO (Resorts Development Organisation) the so-called industry trade body. Silverpoint was also one of the largest contributors to RDO funds until they resigned their membership.

The purpose of the Concurso de Acreedores is not to close the company down, it is to attempt to pay all creditors so as to clear the financial situation of the company and if possible overturn a complicated situation preparing the company for future business. Preventing bankruptcy is a priority of this procedure. However, if the declarations being presented are found to be a fraudulent application for insolvency, then this opens up a very nasty can of worms for the company administrators.

As our title suggests, could other timeshare companies be contemplating the same procedure?

Inside Timeshare has already published the fact that the Provincial State Prosecutor in Gran Canaria is already taking a keen interest in the timeshare resort of Anfi. This again stems from the fact that Anfi is transferring assets and funds to other various companies in an attempt to delay or even avoid paying what the courts have ordered. Again this could lead to criminal prosecutions and include jail time for the administrators of the companies involved.

https://insidetimeshare.com/anfi-hits-spanish-television-news/

The question now which will be on the minds of all those with cases waiting for court hearings and those contemplating taking out litigation against Silverpoint is where does this leave them?

From what we have been told our understanding is that it will not have that much of an effect, the cases will instead of being placed with the Civil Court using timeshare laws, will be transferred to the Mercantile Courts. This means that the clients will then be classified as creditors and will then have priority in the eyes of the appointed administrator.

Inside Timeshare advises all those with cases pending to contact their lawyers for more detailed clarification as to their own personal circumstances. For those who are clients of Canarian Legal Alliance, they have also published today this news on their website. This report goes into a lot more depth than we are able to here.

If you have not already filed a claim to have your contract declared null and void with the return of your full purchase price and would like to know how this latest news affects you, then please use our contact page and we will get back to you.

Our final word of warning is now this news has broken, please beware that there will be many “bogus” claims companies and law firms who will use this to their own advantage in order to scare people into paying for “legal services” as a matter of urgency. If you receive any calls to this effect then contact Inside Timeshare and we will help you sort out the genuine from the scams.

Have a great weekend and join us again next week for more news and information on the murky world of timeshare.

El Diario Article

https://www.eldiario.es/canariasahora/tenerifeahora/tribunales/Fiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario English

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftenerifeahora%2Ftribunales%2FFiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario Danish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=da&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftenerifeahora%2Ftribunales%2FFiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario German

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=de&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftenerifeahora%2Ftribunales%2FFiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario Finnish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=fi&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftenerifeahora%2Ftribunales%2FFiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario Norwegian

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=no&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftenerifeahora%2Ftribunales%2FFiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario Swedish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=sv&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftenerifeahora%2Ftribunales%2FFiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

Translations of this article

Danish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=da&u=https%3A%2F%2Finsidetimeshare.com%2Fsilverpoint-declares-liquidation-who-will-be-next%2F

Finnish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=fi&u=https%3A%2F%2Finsidetimeshare.com%2Fsilverpoint-declares-liquidation-who-will-be-next%2F

German

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=de&u=https%3A%2F%2Finsidetimeshare.com%2Fsilverpoint-declares-liquidation-who-will-be-next%2F

Norwegian

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=no&u=https%3A%2F%2Finsidetimeshare.com%2Fsilverpoint-declares-liquidation-who-will-be-next%2F

Swedish

https://translate.google.es/translate?hl=en-GB&tab=rT1&authuser=0&sl=es&tl=sv&u=https%3A%2F%2Finsidetimeshare.com%2Fsilverpoint-declares-liquidation-who-will-be-next%2F