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What a Cheek: ABC Legal Sends in Debt Collectors to Clients

Well, we thought we had seen everything until now, it appears that the “scammers” are now sending in the debt collectors to clients who wanted to cancel and refuse to pay or have not paid because they do not believe their timeshare contracts have been terminated. ABC Legal is the company involved and yes, it is the “crook” Mark Rowe who is once again behind it. Also, remember that Mark Rowe and several of his other companies are under criminal investigation in the UK and Spain.

Over the past few weeks Inside Timeshare has been receiving many emails on this subject. The first few were all clients who decided they wanted to cancel the services to terminate their timeshare because they felt pressured into signing and subsequently found some very disturbing news on the internet. Yet now they are being bullied into paying with threats of legal action and County Court Judgements.

Mark Rowe

The latest involves two clients who had taken on the services of ABC Legal or one of the other Mark Rowe companies, Advanced Business Consultants Legal SL and ABC Lawyers Ltd.

Both were sent letters on ABC Legalheaded paper telling them that their timeshare contracts had been terminated, both asked for proof as they had not heard anything from their respective resorts. Plus they are receiving demands for past maintenance fees and for next year.

ABC Legal refused to send any written evidence that the contracts had been formerly terminated. All they have done is refer the clients to this clause in their contract:

To clarify, by “Exit” we mean one of two things:

a) an agreement with the Resort Owner under which your Timeshare Contract is terminated on terms you approve in advance; OR 

b) receipt by you of a letter from us stating that we consider that, in all of the circumstances, including the legal context and any legal notices served, that the Resort Owner is likely to treat the Timeshare Contract in effect as if it had been terminated (though in fact it has not been formally terminated) and that in our opinion the Resort Owner is unlikely to take any legal action against you. 

Both (Name of Resort) and (Name of Resort) have failed to engage or respond to the legal notices served.

Now there is a very telling point in the second clause:

(though in fact, it has not been formally terminated) and that in our opinion the Resort Owner is unlikely to take any legal action against you.

They actually admit that the contract has not been “formerlly terminated”, that the resorts failed to engage or respond to legal notices served.

The question is what “Legal Notices”?

As we have pointed out on many occasions, most timeshare companies will not engage with or recognise these third party terminations, they will deal directly with the member only. It is also a fact that timeshare companies will pursue owners/members for arrears in maintenance fees. Many of these companies will use the services of Daniels Silverman based in Liverpool, this is the prefered choice of Diamond.

The debt collection agency employed by ABC Legal is CCI Credit Management Ltd, The CCICM Centre Snowdonia Business Park Portmadog.

It is also a fact that ABC Legal and ABC lawyers are in liquidation, with ABC Legal filling on 8 February 2019 and ABC Lawyers also on 8 February 2019.

So another question has to be asked, how can companies in liquidation employ a debt collection agency to recover unpaid invoices for them?

If anyone out there knows a good answer I would love to hear it.

So there we have it, the “Scammers” are still at it but trying to use legal means. One thing we can say to Mark Rowe, you certainly know how to rip people off.

We all hope that you end up getting your just deserts and are thrown into prison for a substantial time just for all the misery that you have heaped on the unsuspecting.

If you have been contacted by CCI Credit Management Ltd or have had dealings with any of these companies and are still receiving your maintenance bills, then please use our contact page and get in touch.

The Tale of Mrs B and MacDonald Resorts Continues

For those readers who have been following Inside Timeshare over the past few years, you will remember the story of Mrs B and her battle with MacDonald Hotels and Resorts. Mrs B made contact in 2016 after receiving threatening letters from MacDonald Resorts regarding her timeshare membership at the Dona Lola Club on the Costa del Sol and the maintenance arrears. Despite all efforts to resolve the situation MacDonald Resorts refuses to budge and the story is now getting worse.

The story begins many years ago when Mrs B and her sister both in their 60’s and 70’s ended up on a presentation at the Dona Lola Club. After a rather long presentation, they decided to purchase, even though they already owned at Oasis Lanz in Lanzarote.

For several years they used the timeshare and were very happy with the resort, but circumstances changed. Due to severe medical issues, they were unable to travel and no longer used the timeshare. They continued to pay the annual maintenance fees as soon as the bills arrived even though they were not using it.

Then in May 2014, they were contacted by a company who told them they could relinquish their contract. Everything was explained to them and Mrs B paid £5695 to this company to do the work for them. This included relinquishing both Dona Lola and Oasis Lanz.

In May of 2015, they received notification that both timeshares had now been transferred to the name of another person. (Inside Timeshare has his name, address and passport number, he even shows on the electoral register).

The notification included copies of the document duly signed by a registered notary in Spain that the timeshares had been transferred.

It was not until the maintenance bills kept arriving with demands for payment of arrears that they found out that unlike Oasis Lanz, MacDonald Resorts did not recognise the transfer. According to MacDonald’s Mrs B and her sister were still liable for the maintenance fee each and every year.

Oasis Lanz

Eventually, they began receiving demands from a debt collecting agency called Network Credit Services threatening court action if the arrears were not paid. Inside Timeshare contacted this company on behalf of Mrs B and they refused to acknowledge that the debt was in dispute and they had no legal basis to continue the recovery.

Now the story moves on to this year, Mrs B has now received even worse threatening letters from another debt collecting agency, Shepherd and Wedderburn.

In this letter, they once again threatened legal action to recover the debt and have also included copies of County Court Judgements made in favour of MacDonald Hotels and Resorts. To say the least, this is intimidation at its worse.

Now what you must remember is that both are now very elderly with Mrs B aged 93. Both are virtually housebound and have alarm systems in place in case of an emergency. They both live off their pensions and cannot afford to pay the arrears which no amount to over £5,000 which includes interest court fees and legal fees.

MacDonald Resorts want them to pay the arrears before they will even contemplate allowing them to surrender their membership and then they will want 4 years worth of maintenance fees upfront. This will amount to over £10,000.

MacDonald Resorts are no strangers to the press, Tony Hetherington amongst others has published numerous articles on how they behave. One article highlights one story titled “The timeshare contract that even death will not save you from.”

Inside Timeshare is working with Mrs B and one of her neighbours to once again try to resolve this dispute. We will keep you informed.

Follow the links below for more on this subject.

Have you had a similar experience either with MacDonald Hotels and Resorts or any other timeshare then we would love to hear from you?

Do you want to know how to relinquish your timeshare or even if you have a legal claim?

Then please use our contact page and we will get back to you.

https://insidetimeshare.com/never-ending-ownership-another-nightmare-timeshare-street/

http://www.dailymail.co.uk/money/investing/article-5073153/TONY-HETHERINGTON-s-time-leave-Cameron-House-Hotel.html

http://www.thisismoney.co.uk/money/experts/article-2698355/TONY-HETHERGINGTON-Even-death-not-rid-timeshare.html

http://insidetimeshare.com/illness-not-reason-surrender-timeshare/

http://insidetimeshare.com/bbc-scotland-investigates-problems-timeshare-contracts/

Start the Week: Latest Court News

Welcome to the start of another week, today we review some of the legal news which was announced last week from the courts in Gran Canaria and Tenerife. We ended last week with yet another warning on calls from suspect companies claiming to be appointed by the courts to retrieve money “awarded” by the courts for cases which have never taken place. This prompted a flurry of emails from other readers who have also been contacted and were unsure if they were genuine. Thanks to Inside Timeshare publishing this warning these unsuspecting victims have been saved from paying and losing even more money. The companies named in the warnings are Solutions SL, CUC Abogados of Tenerife and Sanchez Services based in Fuengirola.

We begin with the news that Silverpoint has paid out a client and they will now be enjoying a timeshare free life with a massive 103.050.14€ in their bank account.

This is a brief rundown of the proceedings against Silverpoint:

The UK client won their case in the Court of First Instance in Arona, Tenerife, as usual, Silverpoint made another frivolous appeal to the High Court in Santa Cruz, once again using this tactic to delay and avoid paying as ordered.

Unfortunately for Silverpoint the High Court upheld the sentence of the lower court and found in the clients’ favour. Canarian Legal Alliance had already filed a provisional execution of sentence order with the court. Upon receiving the news from the High Court, CLA launched a final execution order on a Silverpoint bank account and secured the funds for their client who has now received payment.

It must also be pointed out that in the original first sentence the award was 74,584.20€, but because of the delaying tactics employed the legal interest increased the final payment.

Obviously, this is great news not only for this client but for others who are also in the same position.

Enforcement orders

Another UK client has also had their funds secured and their contract declared null and void. The funds have been secured by a cash embargo and a final execution order. The total amount this client will now receive is 61,197.25€ and also their contract has been declared null and void.

Another cash embargo was also achieved for a German client of Silverpoint, with over 36,000€ to be paid into their account.

At the courts in Gran Canaria, another UK family has had over 42,000€ secured by a court order. This was made against Palm Oasis (Tasolan) and shows that CLA is ensuring that their clients receive what they have been awarded by the courts.

In just these four the total secured is over 242,000€.

More news which will also it was announced that the Judge in The Court of First Instance, Maspalomas, Gran Canaria is now following the criteria of the other judges in Courts 1, 3 and 4, he will now dictate sentences after the pre-trial stage without the need for a full trial (unless in special cases). This certainly is good news for clients who will now no longer be required to attend the court and give evidence.

This will obviously speed up the legal process and is good news for clients, it now only remains for Court Number 2 who still requires clients to attend and submit personal evidence and be questioned by the defendants’ lawyers.

It certainly looks like the courts are no longer accepting the tactics of the timeshare companies demanding the attendance of the clients in court and also in the delaying tactics of constant and frivolous appeals. For you the clients this news shows that justice is on your side.