Browse Category

Legal

Start the Week: More on MacDonalds plus News from the Courts

Welcome to the Start of yet another week in the murky world of timeshare, today in Spain we are moving into the next phase of easing the lockdown restrictions, giving us a lot more freedom and with more businesses being allowed to open, yet we are still seeing many being bullied by there timeshare companies. We have reported on the antics of Anfi in Gran Canaria, charging members “cancellation” fees for weeks they cannot take due to no flights and the closure of all hotels. They are also charging hefty fees to “rebook” these weeks and the most disgusting behaviour is the “blackmail” of only being able to save the week and receive a “voucher” if they sign a new contract. This is only the tip of the iceberg, we have also been highlighting the despicable conduct of MacDonald Hotels and Resorts, here is the latest from yet another reader and the “bullying” they are receiving.

Over the past few years Inside Timeshare has been following and reporting on the case of Mrs B and her ongoing fight against MacDonalds. This has now culminated with a move by Shepherd and Wedderburn, the “legal bloodhounds” employed by MacDonalds to take Mrs B (in her 90’s) to court for supposed “maintenance arrears”.

We have received the following from yet another reader who is also being threatened with legal action for arrears of maintenance for a timeshare which is impossible to get out of. MacDonalds will only “consider” allowing a relinquishment on the payment of four years, yes, four years, maintenance fees. Plus any arrears must also be paid, but unfortunately, the time has now passed to be “included in this year’s lottery”. That date was the end of April which we highlighted in several other articles.

Our reader has now received a letter dated 24 April 2020 from Shepherd and Wedderburn headed “Macdonald Resorts Ltd Arrears of Management Charges”, it also states that this a “LETTER BEFORE ACTION”. In other words, they are going to pursue this through the courts. 

One paragraph states “In the absence of payment, or an acceptable agreement to pay we will be instructed to raise court proceedings against you. If that is required, MRL shall also seek interest and legal costs in addition (which, if payment is made now, they will waive.)”.

In the letter Shepherd and Wedderburn add to the threat with the following: they are in the process of issuing court claims in England, Wales and Scotland, having issued “over 400 against members”. They also claim so far they have won 22 of the cases that have gone to court.

A point that many of our regular followers will recall from Mrs B, they also sent her “court documents” showing the judgements of the “County Court”, just to frighten her even more.

We Just wonder how many of these people will just pay up because of these threats, feeling they don’t stand a chance against a company the size of MacDonalds!

As we have said before on our pages even the MAFIA would be disgusted with this type of “EXTORTION”!

Last Friday was a very important day in Europe, it was the 75th Anniversary of the end of World War II in Europe. A celebration not just of victory but also the liberation of the whole of Europe including Germany from the tyranny of the Nazi’s. But even with these celebrations going on the courts in Gran Canaria were still working and issuing sentences.

Once again Canarian Legal Alliance has come up trumps (not the US president) for their clients, they began last week with sentences against Marriott and Anfi, then the news broke on the freezing of various Anfi accounts valued at over 600.000€ by Canarian Legal Alliance with the help of the Tax Authorities.

On Friday the Courts of First Instance Number 4 & 5 of San Bartolomé de Tirajana issued two more judgements against Anfi Sales SL and Anfi Resorts SL.

The clients in each case have been awarded 27,946.52€ and 30,413.39€ respectively, on top of this they have also been awarded legal interest and their legal fees. Both client contracts were declared null and void in accordance with Spanish law.

Not a bad end to last week, no doubt there will be many more coming our way this week.

To end today’s article, it would appear that our friends in Greece are still operating, as another reader has emailed with enquiries regarding a claim being made or rather already been dealt with in the Greek Courts. Once again there is a fee to be paid before the money can be released.

Although our reader did not give many details, the name he provided did ring the old alarm bells, Stavros Mpotsari. This name came up with the Hellenic Republic Ministry of Foreign Affairs which we highlighted back in January, the full article can be seen on the link below.

https://insidetimeshare.com/hellenic-republic-ministry-of-foreign-affairs-the-latest-eze-group-scam/

If you have any comments on this or any other article, Inside Timeshare welcomes them, if you have been contacted by any company with a story that sounds too good to be true and you would like to know if they are genuine, then please use our contact page and Inside Timeshare will get back to you.

Remember, doing your homework will stop you from being “scammed”.

Azure Services Ltd Liquidation

After yesterday’s surprise news on the announcement of the intention to liquidate Azure Services Ltd, we today publish the notification from Alvarez and Marsal sent by email signed by Rebbeca Rohan of Alvarez and Marsal. There is also a PDF of the letter announcing this and calling all “creditors” to sign up for a conference call on Monday 11 May 2020, signed by Alex Lawson and Joseph Fenech.

Although to many this will have come as a major surprise, it is something Inside Timeshare has been expecting, after all the events leading up to the “liquidation” are very familiar to those at Silverpoint.

A few years ago we reported that Silverpoint had stopped the selling of timeshare and closed their sales offices, with many sales staff being laid off, exactly the same scenario we reported in December 2019. This was then followed by the announcement of Silverpoint being placed into liquidation, the administrators for this were Alex Lawson, his company Alvarez and Marsal. Look familiar?

Lawson and the company are overseeing all the company liquidations of various companies all under the umbrella of Limora Investments Ltd. This company is the parent company of around 200 other companies all involved in timeshare across the globe. It was also owned by the late Robert “Bob” Trotta, with Lawson being appointed by the family to ensure that all the money remains in their custody. You can read the full story in the 6 part article on the link below.

https://insidetimeshare.com/?s=exclusive+breaking+news

The email sent by Alvarez and Marsal announcing the filing for “voluntary” liquidation is below.

Dear Sirs,

Azure Services Limited – In Creditors’ Voluntary Liquidation (the “Company”)

Please be advised that the shareholders of the Company passed a written resolution on 27 April 2020 to place the Company into Creditors’ Voluntary Liquidation. Please be further advised that the directors of the Company have convened a meeting of the Company’s creditors to be held via a telephone conference call on 11 May 2020 at 17:00 Central European Time (CET), for the purposes of considering the appointment of Mr. Richard Galea-Debono as liquidator. To assist creditors’ determination, please find attached Mr. Richard Galea-Debono’s Curriculum Vitae and covering letter confirming his independence.

Please be advised that all creditors who wish to attend the telephone conference must complete the attached proxy form and return it via email to [email protected], it is noted that where a creditor is acting on behalf of either another natural or legal person, they must provide documentation authorising them to do so. It is noted that the proxy form should be returned by no later than 5pm CET on Friday 8 May 2020. Upon receipt of the completed proxy form and authorisation, you will be issued with dial-in details, instruction on how to access the online portal for the purposes of voting at the meeting and a unique ID to enable the same. 

Prior to the meeting, a Statement of Affairs detailing the financial position of the Company will be circulated to all creditors.

Given that this meeting will be held via telephone conference, the directors encourage all creditors to submit questions in writing via email to [email protected] before the meeting so they can be addressed proactively during the meeting. It is noted that creditors will also be able to ask queries at the meeting.

Regards, Rebecca

Rebecca Rohan | Associate

Alvarez & Marsal Cayman Islands Limited

2nd Floor Flagship Building, 70 Harbour Drive | P.O. Box 2507 | Grand Cayman KY1-1104 | Cayman Islands

Email: [email protected]

www.alvarezandmarsal.com

This is followed by the letter from Lawson, Fenech and Azure Services Ltd and is addressed to “All known creditors”, please click on the PDF link below.

One factor which Inside Timeshare would like to bring to your attention is the plight of those local people in Malta who are now going to end up without a job. These are just ordinary workers who gave loyal service and are not responsible for the actions of the company or the sales staff which have brought misery to many consumers. They are the ones who answered the phones dealt with enquiries and did the day to day administrative tasks for the company. At this time especially it will be very hard for them and Inside Timeshare hopes that things work out for them.

Inside Timeshare has also received information from very reliable sources regarding the staff who are being asked to continue as usual, unfortunately, it is what they are being told to do that is very worrying. Inside Timeshare will publish details once they have been completely verified.

Another point which we must also look into are the loans brokered by Azure through Barclays Partner Finance, especially the 1,444 cases where the loan agreements were the subject to a court case at the Royal Courts of Justice. The full story can be found on the links below. We also just wonder how this will affect all those whose loan agreements did not come under this case. We will have to wait and see. 

https://insidetimeshare.com/starting-the-week-2/

https://insidetimeshare.com/start-the-week-13/