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Club Class

Tuesday: The Latest News Just In

Yesterday Inside Timeshare brought you the latest information on JSD Group Ltd, many of our readers who had also been called by them regarding their timeshare or holiday club purchase are now receiving calls about their purchase of solar panels. The latest was received this morning and explains a little more about what they are doing. We also have the latest on Club Paradiso with an email from Alvarez and Marsal. We also bring you news of the latest case Anfi appealed to be dismissed by the High Court.

JSD Group

Our reader has already had calls from JSD Group regarding his membership of Club Class, he was told that he was entitled to over £20,000 plus and extra £3000 to £9000. Apparently, this “extra” payment is for not having the money in his bank account over the time of his membership. Now to get this “extra” money, he had to make a payment for the “legal department” to help him make this “extra” claim. Unfortunately, he paid for it.

Then there was another payment required, this was for a copy of the liquidation papers from the court, hang on, these are usually available online from the Insolvency Service and from Company House Records. As our reader pointed out to JSD, if they had already won back money for clients, surely they would already have those “liquidation documents” from those other clients? Our reader refused to pay.

Then we come to the “solar panels”, JSD Group said they would get him his money back, this would be using the route of the loan to pay for the solar panels. Unfortunately, the bank explained that there can be no claim via the loan as the loan was through a third party and not linked to the solar panel company. We have seen this before with loans to pay for a timeshare, the loan was not brokered by the salespeople but via a recommendation or a private loan agreement with the client’s bank. We have also seen credit card claims via Section 75 refused because the payment was to a third party.

Just from the experiences of this reader, we can safely say that this enterprise is there only to take your hard-earned cash, they have no idea how to make these claims or are they able to back up what they post as “testimonials”. After all, for a company and website that is only 7 months old, they seem to have a lot of “testimonials” which have been there since the website went live. Got to admit that is fantastic work in getting all these people their money back in such a short space of time, within days of the website going “LIVE”!

Club Paradiso

Club Paradiso

As we know Club Paradiso in Tenerife is in liquidation, with Alex Lawson stating previously that they are looking to appoint a third party with no ties to Club Paradiso to take on the role of managing the club for its members. This would ensure that all members “investment” in the club will be safe.

But this now does not look like the case, in an email has been sent to members on behalf of Club Paradiso by Alvarez and Marsal, who have taken over as administrators of the “club”. In this email, they state that “The Company’s director (is that Alex Lawson) has been unable to find a third party that was willing to take on the management role”.

Alex Lawson: Alvarez & Marsal

Now that in itself is very significant, no third party is “WILLING” to take on the role of management and run the “club”!

This does leave us now with several questions:

  • Why is no third party willing to take on the job?
  • What is going to happen to the “members”?
  • Are the members going to lose all their money?

Below is the full email that we have received from one of our regulars.

From: ClubParadiso <[email protected]>

Sent: 05 October 2020 18:45

Subject: RE:  Club Paradiso

Dear Sir / Madam, 

Club Paradiso Limited (in Liquidation) (the “Company”)  

As you are aware, the Company’s ongoing financial difficulties led to the suspension of the vacation club managed by the Company, known as Club Paradiso (the “Club”). The Company’s director has been unable to find a third party that was willing to take on the management role and, as such, the Club can no longer continue.  The Company was placed into liquidation on 24 September 2020 in accordance with Section 159(2) of the British Virgin Islands Insolvency Act 2003.  

Prior to the decision by the director to place the Company into liquidation, an alternative holiday program was identified and the director procured an agreement for the Club’s members to be able to access their program at discounted rates. It is noted that this alternative holiday program is unrelated to the Company, its current or former directors or shareholders. Further details regarding the alternative holiday program will shortly be communicated to members by the joint liquidator, Owen Walker of R&H Restructuring (BVI) Ltd, during October 2020.   

We acknowledge that this has been a difficult period for all members and that it is hoped that the alternative holiday program sought by the director will provide members with an alternate membership program to continue with if they so choose.  

Should you have any further queries, please contact us.  

Kind regards,  

Club Paradiso Limited (in Liquidation)  

Obviously, this is now going to be very worrying to members of Club Paradiso and the above questions will also be on their minds.

On this point, we must now issue a warning, no doubt now that this news is out in the public domain we will be seeing many more “cold calls” to members regarding making claims against the Club. If you do receive any calls on this subject please make sure you do your due diligence before engaging with any company that calls.

If you are a Club Paradiso member, Inside Timeshare would like to hear your views, please use our contact page and Inside Timeshare will get back to you.

Latest High Court Dismissal of Anfi Appeal

The High Court Number 5 of Las Palmas has fully endorsed the original sentence of the Court of First Instance of SBT against Anfi, effectively dismissing their appeal.

In this case, the Norwegian client has had both their contracts declared null and void with the court ordering that Anfi repays the client over 63,000€ plus legal interest. With both courts agreeing on the repayment in double the amount paid as a deposit within the statutory cooling-off period.

The Courts of First Instance and the High Court are following to the letter the rulings from the Supreme Court which does beg the question why does Anfi continue to lodge these appeals?

All we can say is that Anfi is just trying to cause as many long delays as possible, they obviously think they will eventually win. But we believe the main underlying factor is they hope that the time it takes to get these cases through the courts will put others off from pursuing claims.

Alright, they do have the legal right to appeal, but considering that every appeal has been dismissed including the Supreme Court rejecting any further appeals from Anfi, it does seem as though Anfi are just causing themselves more financial problems. After all, it costs them to appeal and as we have seen on many occasions the High Court has increased the award as a form of sanction against them.

The case was brought on behalf of the client by Canarian Legal Alliance with the lawyer Oscar Salvador Santana Gonzalez representing them.

If you have any questions or comments on any of the articles published, or you would like to know if you have a valid and viable case, then please use our contact page and Inside Timeshare will get back to you.

Friday Roundup

Welcome to the end of another week with Inside Timeshare, today we have a roundup of this week’s articles, news from the courts and a rather interesting item which Diamond Resorts Owners Advocacy Facebook page posted. It has been a rather busy week with some new “claims” companies and “law firms” making an appearance. It also looks as though the law firm Canarian Legal Alliance has had some great results for their clients this week.

First, we begin with yet another “fake” law firm to rear its ugly head in an attempt to lure timeshare owners into paying thousands for non-existent claims and lawsuits.

On Monday we published information on Suarez and Simpson, supposedly based in Málaga and targeting ex-Club Class members. The wonderful news is their claim has now been settled by the Málaga courts with His Honorable High Judge Dr Jose Mario Savantes presiding.

Not bad considering there is no record of this “law firm” or any cases against Club Class, it is also a fact that their website was only registered on 30 June 2020 and is registered for only 1 year. Yet, they show several “wonderful” testimonials from very grateful clients!

This “fake” law firm can also be linked to another highlighted over the past weeks, Morales Maxwell. The reason we believe they are linked is the Modus Operandi, the documents they produce and also they name the same Judge, His Honorable High Judge Dr Jose Mario Savantes.

It has also been pointed out by the TCA that both websites appear to have been cloned from a genuine law firm called Carbray Abogados, this law firm was founded in Barcelona in 2007 by Damián Carmona and is duly registered as a company with CIF: B65367575.

We then identified yet another new cold calling “claims” company operating out of Tenerife, Demi-Guni SL. Again, the website was only registered on 13 May 2020 and is registered for only 1 year due to expire on 13 May 2021.

As we stated in our articles, could this be another “fake” claims company or could they actually be genuine and just jumping on the bandwagon? With the website only just having been registered and for only 1 year, does not instil any confidence.

https://insidetimeshare.com/another-dubious-company-lawyer-emerges/

https://insidetimeshare.com/demi-guni-sl-update/

We now move on to the latest results from the courts with news from Canarian Legal Alliance.

On Monday 20 July, the High Court of Las Palmas, Gran Canaria, dismissed another two appeals by Anfi against rulings made by the Court of First Instance, San Bartelomé de Tirajana. Once again the High Court fully endorsed the rulings that the contracts were illegal confirming them to be null and void.

The clients from Norway and Denmark were assisted by the CLA Claims Consultants Jasmin Erhard and Michael Gadman with the case being prepared and presented by the Lawyer Miguel Angel Melian Santana.

The clients are now set to receive over 87,000€ plus legal interest.

On Tuesday 21 July, another Danish client was awarded over 17,000€ with their contract being declared null and void.

This case was against Holiday Club Canarias Sales and Marketing SLU and took just 8 months from the case being presented and the court declaring the contract null and void, ordering Holiday Club Puerto Calma to repay the money.

The interesting point is there was no appeal, no delaying tactics and within 4 months of the case the money has now been deposited into the accounts of the CLA Barristers ready to be paid out to the client. A very speedy result indeed.

On the same day from the Courts of First Instance of SBT, another two Anfi clients had their contracts declared null and void with Anfi being ordered to repay in full their purchase price including legal interest.

The Lawyers of the CLA Execution of Sentence Team have already filed a provisional order of execution in order to stop Anfi from “redistributing” funds in order to avoid payment. It is expected that Anfi will appeal this sentence as they use this tactic to delay paying. Although it is their right to lodge an appeal, given the attitude of the High Court it is more than likely the High Court will once again dismiss the appeals and confirm the sentence of the First Court.

The Norwegian and Swedish clients were assisted by Michael Gadman, Claims Consultant and the case being prepared and presented by the Lawyers Eva Gutierrez and Himar Iglesias Perez.

The following day 22 July, it was the turn of Silverpoint Vacations SL to have their appeal at the High Court of Santa Cruz de Tenerife dismissed. The High Court upheld the decision of the Court of First Instance of Arona that the contracts were null and void and the repayment of over 17,000€ plus legal interest to the English Client. CLA will now submit the case to the Mercantile Court for the recovery of the funds.

The clients were assisted by CLA’s Claims Consultant Jake Kaiser with the case being prepared and presented by the Lawyer Oscar Salvador Santana Gonzalez.

Yesterday, 23 July, in another case at the Court of First Instance of SBT, another Anfi client had their contract declared null and void with the court ordering the repayment of 32,473€, which includes double the amount of the deposit paid within the statutory 14 days cooling-off period. They have also 

They have also been awarded legal interests and their legal costs which will increase the amount they will receive, with yet another provisional execution order being prepared. No doubt we will see Anfi lodging yet another frivolous appeal in order to delay payment.

The client was assisted by the Claims Consultant Michael Gadman with the Lawyers Eva Gutierrez and Aroa Farray Martin preparing and presenting the case.

Once again this is good news for clients who are waiting for their own cases to be heard.

The Diamond Resorts Owners Advocacy Facebook page posted an article from the Washington Post published in October 2019, this article reported on the losses his organisation made on their two golf courses located in Scotland during 2018. It also mentions the case which President Trump (Mr Trump at the time) brought against the Scottish Government over plans to construct a wind farm off the coast of Aberdeen, which is where his golf courses are located.

The Trump organisation lost that case and was ordered to repay over £200,000 in court costs to the Scottish Government. The Trump Organisation refused to pay it and as far as we are aware this still has not been paid.

This, unfortunately, is to the cost of the Scottish taxpayer, in our mind, this is not right and this should be paid. The sad thing is it seems to have been forgotten but Inside Timeshare publishes these following links so you the reader can see the full story.

The Washington Post

https://www.washingtonpost.com/politics/losses-deepen-at-trumps-scotland-properties-new-financial-reports-show/2019/10/08/08ddf890-e9d4-11e9-bafb-da248f8d5734_story.html?fbclid=IwAR1nIruV3A6bsY6a-LhnK1cCrDqiLloGswPF0aey7MY67qWeqh315gpx6B4

Quartz (qz.com) 2018

https://qz.com/1291269/the-scottish-wind-farm-donald-trump-tried-to-block-is-now-complete/

The Guardian 2019

https://www.theguardian.com/us-news/2019/oct/08/trump-organization-rejects-legal-bill-after-losing-windfarm-court-battle

The Independent 2019

https://www.independent.co.uk/news/uk/home-news/trump-scotland-wind-farm-fight-payout-golf-course-a9201096.html

Well, that is all for this week, we hope that you all have a great and safe weekend. Do join us again next week for more on the murky world of timeshare and please remember

DO YOUR HOMEWORK BEFORE ENGAGING WITH ANY COMPANY!

Start the Week: Yet Another Fake Law Firm Emerges

Welcome to the start of another week with Inside Timeshare, we start this week with yet another new “Fake Law Firm” which has come to our attention, Suarez and Simpson. But, there is something familiar about them which cannot just be a coincidence, it is the Modus Operandi and the documentation which they use. Once again, this “Fake Law Firm” is targeting ex-Club Class members, but how long before they begin to target other timeshare owners and members of now-defunct “Discount Holiday Clubs”?

On 24 June, Inside Timeshare published the first warning to readers of the “Fake Law Firm” Morales Maxwell, who began targeting clients of Eze Group. According to Morales Maxwell, a recent court case in Málaga had found Eze Group guilty and seized sizable assets on behalf of clients in excess of £20,000 per client. But in order to release this money, a fee of around £2,400 was required.

In “fake” documents sent by Morales Maxwell they name the Judge who presided over the trial, His Honorable High Judge Dr Jose Mario Savantes, as yet we have not been able to verify if this is indeed a real judge whose identity has been illegally used or if he is just a fake name.

In this latest incarnation, the same judge has been named, which obviously leads us to believe that this new “Fake Law Firm” Suarez and Simpson are the same people as Morales Maxwell, as they are using the same format for the documents and also the name of the presiding judge His Honorable High Judge Dr Jose Mario Savantes.

Their website:

https://suarezandsimpson.com/

Was only registered on 30 June 2020 and is due to expire on 30 June 2021, again only registered for one year. Yet according to the “Testimonials”, it appears they have been around much longer.

The registrant of the website is also hidden which is usually a good indication of a scam operation.

So far no company registration has been found either in Spain or the UK, but according to the “court” document the “prosecution lawyers from Suarez and Simpson” work under “autonomo” which is self employed. This may just explain why there is no company registration.

There is also no mention of who the lawyers actually are or any bar registration numbers on the website.

The address given is:

Planta 2 2A 79 Calle Carreteria Malaga 29008 does exist although anyone familiar with Spanish addresses will spot that the order is incorrect.

Their telephone number is 0034 951 667 450

The email addresses they use are:

[email protected]

[email protected]

[email protected]

The email (below), signed by Megan Lowe, explains that the courts have been working on skeleton staff due to the CoronaVirus. But she is pleased to inform the client that their settlement offer has been finalized at £21,850.

It also goes on to say “Please do not hesitate to contact the Court of Malaga Maria Rodriguez on 0034 604 189 749. This is a Spanish mobile telephone number and is not likely to be used by any court or court official for any official business.

Along with the email, there was a “court” document signed by Judge Savantes and the Duty Registrar Maria Ramirez. (seems to be a lot of Maria’s).

As well as explaining the “lawyers” work under autonomo, the document states that the “accusations of fraud by way of deception, gross mis-conduct and missold product/services were brought to the Tribunal Superior de Justicia Sala de lo Social de Málaga num 1 by the Spanish Securities Market Commission by (name and address of the client)”.

It then goes on to say that the Tribunal Superior has awarded compensation in favour of the client to the tune of £21,850, not including reimbursed costs and compound interest. This is dated 10 March 2020.

The address given on the “fake” document from the court is:

Avenida de Manuel Augustine Heredia 16 29001 Málaga.

With the telephone numbers:

0034 951 04 55 50

0034 604 103 308

Again the last number is a Spanish mobile.

Below is the PDF of the “Fake” court document.

According to information supplied by our reader who became suspicious and began a search, finding our previous warnings on Morales Maxwell, he was told that the money is being held by ITI in London. If he did not respond within 5 days, the money would be returned to Spain!

Now that is putting on the pressure to pay!

So far Inside Timeshare has not found any firm using the initials ITI in London who would be involved in holding any money from Spanish courts.

Now one of the points which aroused our reader’s suspicions was the fact they had never instigated any legal action through the court and had never taken on the services of any lawyer. So again the question is if this case was genuine how was our reader named as one of the accusers?

This is a very valid point, unless you have personally instigated legal action, how did they have the clients details?

Obviously somewhere along the line, these people have managed to get hold of protected client data. Our guess is they either worked for Club Class and stole the data, or they have purchased it illegally from an ex-employee.

Another point which our reader found very strange was that they called one of the numbers and explained that they would be travelling to Málaga in the very near future. They offered to attend the office of Suarez & Simpson to discuss the matter and pass on all their documents.

The response was not surprising, the person told them that would not be possible due to the restriction imposed by the CoronaVirus.

Now if that does not raise your suspicions, I don’t know what would!

Once again, this is a very good example of why you need to be extra vigilant when receiving cold calls or unsolicited emails. This also holds true for any company that you may have found on the internet when looking to exit your timeshare or reclaim money for mis-sold timeshares.

If you have received any calls or emails from Suarez & Simpson, Morales Maxwell or any other “dubious” company or law for, please use our contact page and let us know. Inside Timeshare will also help you to research these companies to check if they are indeed genuine or fake, this service is provided free of charge and without any obligation.

Keep your money safe and do your HOMEWORK!

If not you lose!

Previous articles on Morales Maxwell:

https://insidetimeshare.com/eze-group-clients-being-targeted-jsd-update/

https://insidetimeshare.com/its-friday/

https://insidetimeshare.com/start-the-week-more-from-morales-maxwell-and-the-jsd-group/

https://insidetimeshare.com/end-of-week-roundup/

https://insidetimeshare.com/start-the-week-31/