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Abogados y Consultores Empresariales y Concursales

End of the Week Roundup

It’s Friday and we end this week with a quick roundup of the articles published along with the latest news from the courts. It has also been a very busy week for Inside Timeshare with so many emails being received from some very concerned readers who have been contacted by an ever-increasing number of “new” companies with some very fantastic stories. All are very similar, information to scare owners into paying for non-existent services or that they have been awarded money by the courts for a case they had no idea they had lodged.

On Monday we began the week with news from the High Court of Las Palmas which endorsed the judgement made by the Court of First Instance against Anfi who appealed the original judgement. Not only did the court endorse the ruling but also increased the amount awarded to the client by over 10,000€!

On Tuesday it was the turn of Silverpoint and yet another article published in El Diario, this newspaper revealed that it was now official that Silverpoint had filed for liquidation. The article also went on to explain other aspects of this liquidation and the fact that the Provincial State Prosecutors Office has launched an investigation into the circumstance of this liquidation. This also included the point of the removal of 52 properties from the inventory in an attempt to delay or not pay amounts awarded by the courts to clients who have won their cases.

El Diario also reported on the investigation by the US court-appointed administrators investigations into Silverpoint activities in Tenerife, stating that they find the transactions regarding assets and companies of the group were “highly suspicious”. Well, this is something we have all thought over the years.

Wednesday we highlighted two new companies that came up on our radar, European Timeshare Law Legalization Ltd and Abogados y Consultores Empresariales y Concursales.

Once again these are new entities contacting timeshare owners with the sole purpose of depriving them of their money with false hopes and promises of huge amounts being awarded by the courts.

As usual, both these companies gave false information such as being appointed by the courts and in the case of Timeshare Law Legalization telling a Swedish owner that this company could get their money back via Section 75 of the Credit Consumer Act 1974. That was the biggest joke of all as this particular legislation is only available in the United Kingdom and cannot be used in Sweden, unless the person uses a credit card provided by a UK bank!

Canarian Legal Alliance has also reported on several cases regarding Anfi, these involved the receipt of bank guarantees amounting to over 100,000€. This is great news for the clients who will shortly be receiving their money into their own accounts.

These are the result of the enforcement of sentence actions by the dedicated enforcement team at CLA, so it is congratulations to them for their hard work and dedication.

In another High Court case against Anfi, Court Number 5 has revoked a Court of First Instance judgement regarding timeshare contracts signed between 1999 and 2001. This follows the Supreme Court ruling that these contracts are illegal under the law.

The case revolves around not just Anfi but other timeshare companies that those contracts were legal as they had been arguing that there was a two year transition period when the timeshare laws came into place on 5 January 1999. Some judges accepted this argument but as usual, the lawyers at CLA did not agree.

It was their opinion that the transition period did not allow them to continue to sell products which were now deemed illegal for a further two years. The High Court accepted this argument and that the timeframe was for the timeshare companies to register themselves in the property registry.

The High Court judges also ordered Anfi to pay back in double the money taken during the statutory cooling-off period, this was denied by the judge at the First Instance trial.

So it was a great week for clients in the courts and some very useful information to timeshare owners and readers of Inside Timeshare on the “scammers” trying to get hold of your hard-earned cash.

On a lighter note, one of our readers sent this picture as a reminder to anyone about to sign a contract, “DON’T FORGET TO READ THE SMALL PRINT”!

Have a great weekend and join us next week, but do remember doing your homework on any company that contacts you is all-important if you don’t want to lose even more money.

More Scams Identified

It is only Wednesday and already we have two more “scam” companies coming to our attention, both are touting for business in the field of making claims through the courts or other means. Both are using information which is totally false and untrue in order to convince people they are genuine. We begin with a company apparently based in Tenerife called European Timeshare Law Legalization Ltd then to one based in Madrid called Abogados y Consultores Empresariales y Concursales. You will be surprised by our findings so far.

European Timeshare Law Legalization Ltd which has the website:

https://europeantimesharelaw.com/

This website was registered on 28 January 2020, so is only a month old yet they claim to have already helped hundreds of clients. The website is due to expire on 28 January 2021 so straight away that does not give that much confidence of a genuine firm.

As for the name of the company, so far it has not come up in any searches of UK Company House records, not even as a company applying for registration. The address they give on the website which also lacks a company registration number is:

1 Angel Court, Lime Street, London, EC2R 7HJ, United Kingdom.

This address is once again one of those rent an office space and office services such as mail drops, it is run by Realla with the website https://www.realla.co.uk/

The telephone number they use is a Swedish telephone number 0046 812400996 and the caller is named as James Brook who says he is calling from Tenerife, no why does that not surprise us.

According to their website, they are “A TIMESHARE TERMINATION AND CONTRACT MANAGEMENT SPECIALIST COMPANY”, and claim that they will also be able to get a refund of your purchase price.

According to the email sent to our reader by James Brook, according to our Scandinavian reader, they will be able to make a claim under Section 75 of the Credit Consumer Act 1974, which as we know is UK legislation to protect UK consumers using their credit cards. It is not available to any other country.

Below is the email received by our reader:

Fra: James Brook [mailto:[email protected]]

Sendt: 6. februar 2020

Til: XXXXXXXX

Emne: Silverpoint

Har kommer mera information om vad vi gör.

Genom kreditkorts och bankgiro lagen (kreditkort lag punkt 75 A+B och punkt 140 finanserings lag ) kommer pengarna i sin helhet tillbaka till kunden.

Det ar bankernas ansvar att kontrollera pengarna från forsalnings bolaget.

Det vill saga enligt timeshare lagen sa far timeshare företag inte ta emot någon som helst betalning ifrån kunden förrän efter 90 dagar.

( varken handpenning eller slutbetalning ) Detta galler ifrån påskrift av avtalet. Om banken har slappt betalningen till försäljnings bolaget innan 90 dagar har paserat har banken inte följt lagen.

Eftersom det ej finns någon tidsbragransning pa detta sa kommer vi att med 100 % säkerhet fa tillbaka era pengar om avtals criteria uppfylls.

Ni ar säkert medvetna om att aven om ni stammer företaget och far ett positivt dom sa finns det varken pengar eller tillgångar i bolaget.

Detta ar det enda sättet att återställa pengarna i sin helhet.

Under det sista aret har vi hjälpt drygt 200 kunder i Sverige, Tyskland och England pa detta satt. 

Hela processen tar 8 till 12 veckor innan processen ar slut.

LAGPUNKTERNA:

Your rights under Section 75

Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.

This means it is just as responsible as the retailer or trader for the goods or service supplied, allowing you to also put your claim to the credit card company.

You don’t have to reach a stalemate with the retailer or trader before you can contact your credit card provider – you can make a claim to both the retailer and credit card provider simultaneously, although you can’t recover your losses from both.

This right is particularly useful if the retailer or trader has gone bust, or it doesn’t respond to your letters or phone calls.

Section 75 of the Consumer Credit Act also applies to foreign transactions as well as goods bought online, by telephone or mail order for delivery to the UK from overseas.

Section 75 protection also requires your credit card provider and the seller of goods to be different parties. Section 75 will not apply if the lender is also the supplier.

However, to claim under Section 75 you don’t have to have paid more than £100 or the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.

It’s the value of the goods you’re buying that is key – not the amount paid on the card.

For example, if you ordered a new sofa from a furniture store and paid a £60 deposit with your credit card and the balance of £600 by cheque, you would be covered for the whole £660 if the dealer went out of business and you didn’t get your sofa.

Section 75 gives you the same rights against the card company as you have against the retailer.

VARA AVGIFTER FOR PROCESSEN:

 – Kontraktskostnader 199 euro

– Oversattning av kontrakterna till spanska-engelska-svenska 700 euro

– Advokatkostnader 900 euro

Vi behover kopior av era silverpoint kontrakt och samtliga betalningar.

( kreditkorts betalningar, bankoverforingar och eventuella handpenning som ni har betalat)

Med vanleg halsning: European timeshare law legalization Ltd

WWW.EUROPEANTIMESHARELAW.COM

[email protected]

MAIL DISCLAIMER:

The information contained in this e-mail is LEGALLY PRIVILEDGED AND CONFIDENTIAL and is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, or you have received this communication in error, please be aware that any dissemination, distribution or duplication of this communication is strictly prohibited, and please notify us immediately and return the original message to us at the address above. Thank you. 

In accordance with the data Protection rulings  which regulates the right to information in data collection, please be advised of the following:  your personal details which were provided to the marketing agents have been incorporated in a personal information file which is managed by european timeshare law legalization Ltd. Please be informed that you have the right to access your personal information, amend or, if necessary, withdraw it, via the following email address [email protected] or postal address of the company. 

If you want more information about data protection visit: www.europeantimesharelaw.com  “

So, just going by this information, the fact that the website is less than a month old, Inside Timeshare can say with confidence that this is yet another attempt to scam thousands from unsuspecting timeshare owners.

We no move to Abogados y Consultores Empresarials y Concursales or ACEC, they show on their letter the CIF Number B86313848 with the address:

C/Zurbano 45 1 D 28010 Madrid

Tel/Fax: 0034 910910603

With the email [email protected]

Which is as usual for these types of enterprise is a free email provider, there is no website which we would expect from a legitimate law firm with an email address linked to that website.

There is a company by this name and CIF Number registered with Spanish Company Registry showing the same address which has been registered for around 9 years. The company director is named as Manuel Pablo Gonzalez Sanz.

The letter which is signed by one Jennifer Phillips, Lawyer at ACEC, does not even appear on the register of lawyers in Spain.

According to the letter, the “High Court in Madrid has approved our office to aid all agreement holders residing in the United Kingdom”, to claim back what they have paid to Silverpoint/Resort Properties.

The letter goes on to explain “The court accepted the lawsuit and was approved by the Supreme Court of Madrid in the third distance.” Well, we are not exactly sure what that really means?

They also claim that they ACEC will not charge the plaintiff any fees for their service, (wow), but they will have to pay court fees which are paid directly to the court which are payable once the demand has been accepted. I would guess going by past experience of these type of scams it will be a bogus account opened by them and not an official court account, or, it will be paid to a named “Procurator”.

Once again going on this evidence alone this is yet another scam to deprive you the unsuspecting timeshare owner of your hard-earned cash.

As we have reported on these pages, there are genuine law firms and there are cases going through the courts and being found in favour of consumers. The genuine law firms have not been appointed by the courts but have been hired by and work with their clients on an individual basis plus there are certain legal procedures that they follow.

Once again this shows how careful you must be when contacted by any “firm” claiming they can help you retrieve your money, especially if they state they have been appointed by a court or that the courts are already holding money seized on your behalf.

If you have been contacted by these or any other firm and you would like help in determining their validity, then please use our contact page and Inside Timeshare will get back to you.

DO YOUR HOMEWORK, YOU HAVE NOTHING TO LOSE BUT A LOT OF MONEY TO SAVE.