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Update

Start the Week

Here we are at the start of another week with many restrictions now being lifted in several countries, along with announcements of the easing of travel restrictions. We are also seeing the courts beginning to operate on a normal footing, although it has yet to be announced when the trials for cases will begin. Today we give an update on some of last week’s sentences issued by the courts for trials that took place before the lockdown. But we begin with the latest email received by Inside Timeshare on ABC Legal/Lawyers.

As we know ABC Legal and ABC Lawyers are yet another two companies owned by Mark Rowe, we also know that many of their clients who paid for an “exit” from their timeshare and also to reclaim their purchase price have never been exited or received any money.

Mark Rowe

The latest email is from the son of an elderly couple who many years ago purchased at Lanzarote Beach Club, eventually, it became too costly to keep it on and they walked away many years ago. They have never received any demands for maintenance or for any arrears, LBC just took back the timeshare.

Then around two years ago they were approached by ABC and invited to attend a meeting in Bournemouth. During this meeting, they were convinced that ABC would be able to get them their money back and they eventually signed up with a payment of £8,500. The promise was that ABC would get back over £20,000 from Lanzarote Beach Club. How this would be done is not known, but we do know there was no chance of the case going to a Spanish court as they no longer owned the timeshare.

It is only now that the son has found out what happened, the reason is that they have now been contacted by yet another Mark Rowe company, Lansdown Financial Ltd. We do know that many clients were passed to Lansdown for the purpose of claims, but has anyone ever received anything?

The problem here is that in the letter to this elderly couple (70’s), Lansdown has demanded they sign a “letter of authority” or they will be taken to court!

Is this yet another case of bullying by yet another Mark Rowe company?

We leave you the reader to decide.

Last week there were several sentences issued by various courts from First Instance to the High court, the first was against Holiday Club and the companies Puerto Rico SA and Holiday Club Canarias Marketing SL.

The French client will now be paid 11,520€ as well as having their contract declared null and void.

The next was yet another sentence against Anfi Sales SL and Anfi Resorts SL, this German client is now set to receive 27,260€ plus legal fees and legal interest. Again the contract was declared null and void by the judge.

On Friday there were seven decisions made by the High Court (appeal court) in Las Palmas, these are cases where Anfi have lodged appeals after losing in the Courts of First Instance.

In all the seven cases involved clients from the UK, Germany, Sweden and Norway.

The High Court ruled that Anfi were in breach of the laws and confirmed the sentences, in total the court ordered Anfi to refund 271,951.56€ with all contracts being declared null and void.

All these are now firm sentences and it is now case closed for these clients.

Once again it was the lawyers from Canarian Legal Alliance who were celebrating along with their clients.

Have you had dealings with a company and have not received what you paid for, then use our contact page and Inside Timeshare will get back to you. Please also remember to do your homework before engaging with any company.

End the Week: Torcaz Abogados Update

Welcome to the last day of the week, here on the Canary Islands we are just waiting for the official announcement that the Cabildo (government) of the islands will be the first province in Spain to end the “state of emergency”. This will be good news for many as it may just mean a return to some form of normality, the return of the tourists perhaps?

Today we bring you an update of the “fake” law firm Torcaz Abogados which we know is part of the ongoing “fraud” perpetrated by a series of “fakes” dubbed the Litigious Abogados Family.

One of our regular readers has once again received an email from Torcaz Abogados, this was sent by Fernando Olawza Garcia using this email [email protected] which as we know @consultant.com is a free email provider. The email itself is signed by Urena Afeldan Dordasa from Departamento Legal.

Once again the email along with the “fake” court documents is attempting to convince our reader that they are genuine and that he has been misinformed that they are not a genuine law firm. The email begins:

“Dear Mr XXXXXXXX,

Following Mr XXXXXXXX recent telephone conversation with Mr Ricardo Lunkmand from our liaison office, it very much disappoints us to hear that you have doubts in our establishment.”

“Primarily, we are sorry you might have had bad experiences in the past.”

“Secondly we would like to reassure you that our company noted as Torcaz Abogados S.A is a very well established law firm founded in registered in Spain and the Canary Islands.”

Yes, I bet they are very disappointed that our reader doesn’t trust them, no money going their way!

Image being used for Ricardo Lunkmand on the Torcaz website

The email also goes on to list various organisations that they claim to be members of such as “Consumer Protection from Unfair Trading Regulations and regulated by (the Spanish Consumer Protection Act), Legislativo 1 de 16/11/2007.”

They also claim to be registered along with all their lawyers with the Colegio de Abogados (bar association) of Madrid, Malaga and Santa Cruz de Tenerife. They even quote “Our Spanish SRA numbers are; 1197, 5945, 2653. DNI: Q3863001H”, along with their fake Nacional Security Number 68776329 L.

Having checked the lawyers register using the numbers provided did not show up any lawyers using those numbers or associated with this firm.

The next point is the court date, the case is to be heard on Thursday 18 June 2020 at 10:40 at the Court of First Instance Number 5 in Santa Cruz de Tenerife. They also give the following details of case number etc:

Número de Procedimiento: EX1824567 /2020

NIG: 3800642120120008975

Demanda Número. BOE/S/2020/158

The thing is these do not correspond to the numbers on the “fake” court document, (see PDF). They also show a number (demanda) with the prefix BOE, This is nothing to do with the courts or the case a BOE is the bulletin for official announcements, a little like the Gazette in the UK. It is also a fact that although the courts are returning to work at present no trials are being heard and it is unlikely that by next week they will be.

In a further attempt to convince our reader that they are genuine they also include the following:

Número de Seguro de Indemnización de Profesionales.

TACRC (Tesoro Abogados Comercios Reintegro Contrato)

TACRC 1081/2015.

That is our Indemnity Insurance number for the TACRC (Treasury for Commercial Lawyers for Refunds on Contracts).

Any payment you make as per our instructions is covered to up to 60,000.

Obviously another attempt to put our reader at ease, unfortunately for them, he is still not convinced and will not be paying them.

If you have been contacted by Torcaz Abogados or something very similar, please do your homework first, if you need help then use our contact page and Inside Timeshare will get back to you.

End the Week: Courts Roundup

It’s the end of another week and in Spain, the lockdown is beginning to ease with more people returning to work and most importantly the courts. At the moment they are not holding any trials although the judges are working where no witnesses are required to be present. Today we bring you some of the sentences which the judges have now issued for trials that took place before the closedown. We start with a very important decision from the courts in Fuengirola.

Over the years many of the timeshare companies such as Club la Costa, Diamond and MacDonald Resorts have tried to get around Spanish timeshare legislation and in the past, they have succeeded.

These companies have used on their contracts UK Limited companies with the clause arguing they are subject to UK law and the Jurisdiction of UK courts. Unfortunately, many judges for whatever reason have agreed and have refused to accept cases. But over the past few years or so, Canarian Legal Alliance has fought these moves and as we reported in the article below the Supreme Court rejected an appeal by CLC against a Malaga High Court decision that they did come under Spanish law and jurisdiction.

https://insidetimeshare.com/http-insidetimeshare-com-p5128/

Now it is the turn for Diamond Resorts (Europe) Ltd, The Court of First Instance Number 1 in Fuengirola has ruled that despite the claims of Diamond Resorts, Spanish law and courts do have jurisdiction.

In the ruling from the court, the documents (see PDF below), show very clearly the precedents set by the Club la Costa cases, with the various rulings being cited. It is now clear to all, that if the timeshare is purchased in Spain then the consumer is protected by Spanish Law. This opens the gates for many timeshare owners who previously did not have a case in Spain due to the clauses in the contract of jurisdiction. Do remember that Spain has the toughest timeshare laws in Europe, the UK, however, is lacking very far behind.

The case was brought by Miguel Ángel Melián Santana (Abogado) and Francisco Cornelia Montesdeoca Quesada (Procurador) of Canarian Legal Alliance.


Miguel Ángel Melián Santana

On Monday 1 June, the High Court Number 3 in Tenerife (this is the appeal court), declared a UK client’s Silverpoint contract null & void with the return of over 60,000€ plus legal fees and legal interest.

The claim is now being registered with the Mercantile Court making the client a “creditor” as well as being handed over to the Enforcement Team of CLA to secure the funds through property embargoes of the Limora Group. Along with this further embargoes are being sought against assets held by the ex-managing director of Silverpoint. From these proceedings, it is clear that CLA is doing whatever it takes to ensure their clients receive their lawful payments.

The lawyers in this case were Miguel Ángel Melián Santana and Óscar Salvador Santana González.


Óscar Salvador Santana González

The following day was not a good one for Anfi Sales SL and Anfi Resorts SL, the case was heard at the Court of First Instance of San Bartolomé de Tirajana, Gran Canaria. Ths court ruled that 4 contracts be declared null and void with the client to be returned over 15,000€ plus legal fees and legal interest.

The lawyer conducting the case was Adrián Diaz-Saavedra Morales of CLA.


Adrián Diaz-Saavedra Morales

On Wednesday the High Court Number 5 the appeal court of Las Palmas GC, confirmed the original ruling made at the Court of First Instance against Anfi, yet again.

The contract was declared null and void with the court awarding 152,345.38€ plus by way of a fine a further 26,743.68 for the illegal taking of payments during the statutory cooling-off period. This happy German client is now timeshare free and 179,088.68€ better off.

This client was assisted in the claim by the senior German Consultant Jasmin Erhard and the lawyer Eva Guttiérrez.


Eva Guttiérrez

This morning another German client of CLA has just received their sentence from the courts in Fuengirola against Club la Costa. The court declared the contract null and void and awarded the client 10,100.85€ plus 15,782.03€ by way of a fine for the illegal taking of deposits within the cooling-off period giving a total of 25,882.88€

The client was assisted once again by Jasmin Erhard with Óscar Salvador Santana González who was in charge of the case.


Jasmin Erhard

So it is congratulations to the happy clients and a very big well done to the team at Canarian Legal Alliance.

That is all for this week, hopefully Inside Timeshare will be running back to normal next week, in the meantime have a great weekend and stay safe.