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CUC Abogados

CUC Abogados: Getting Desperate for Payment

Over the past couple of months Inside Timeshare has been highlighting the “FAKE” law firm CUC Abogados operating out of Tenerife. As we know this is just one of the latest incarnations of “FAKE” law firms which we have named as the Litigious Abogados Family. They are also operating using a company by the name of Solutions SL. Well, it seems that from further information supplied by our readers they are finding it difficult to get clients to pay “TAX” which they require to release the payment from the court.

Our reader has on several occasions told them that they think this is all a scam and in one reply, Julia from Solutions, rang our reader within minutes of receiving an email from our reader and explained that it was “organisations” such as Inside Timeshare are working in “cahoots” with the timeshare industry to besmirch the name of Solutions and CUC Abogados to stop people making claims. Well, Inside Timeshare is in “cahoots” with the industry, not bad considering we highlight many of the malpractices of the many timeshare companies that sold it to you in the first place.

Now if CUC Abogados and Solutions SL were in fact legitimate companies and what Inside Timeshare publishes is not true, why have they not instituted any legal proceedings against us?

Due to our reader being adamant that they will not pay any “tax” or “fees” upfront to receive the cheque they received a phone call, the caller said that as there was a “trust issue”, they would ask the lawyers to pay the tax and that it would be reimbursed by the client when they receive the cheque.

This was not able to be done, but they did reduce the fee and issued new tax forms for the payment of non-resident tax. As we have said before there is no tax to pay.

Our reader has also received the bank details for the account of the procurator, named as José Kinog with the address:

Calle Labarino 8 Edificio Elmar 233 S Cruz, 38002 Tenerife

This is yet another fake address.

The bank details are:

IBAN: ES77 2100 6938 8302 0011 4535                 BIC: CAIXESBBXXX

Banco: CaixaBank 

Dirección de Banco: Avda. Juan Carlos 1, Número 31, 38650,  Los Cristianos Arona Santa Cruz, Tenerife 

Beneficiario: José Mendoza Rico Kinog

When checking the IBAN it came up as false. So we have to ask will they give another bank account when people are unable to make a transfer?

The question is now will the cheque arrive or as we have seen before it will be missing from the envelope and another company, once again “appointed” by the court has been charged with tracing the missing cheque. If past experience is anything to go by they will then say it was cashed by a criminal gang (usually East European). Now for a fee which will be up to 20% of the cheque value this new company will get the money paid back by the bank.

This is a very elaborate and sophisticated fraud, not only are they taking money from unsuspecting victims they are also falsifying official court documents and bank cheques. This does make us wonder why the authorities are not taking this fraud with the seriousness that they should.

If you have been contacted by these “firms” or anything similar and you are not sure, please use our contact page and get in touch. Inside Timeshare will get back to you and point you in the right direction.

Remember before you believe what you are told or pay any money, please do your homework, once it has been paid especially by bank transfer, you will never see that money again.

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.

More News on the Latest Scams

Welcome to the new Friday page which now replaces our old Letter from America which was supplied by Irene Parker. We will say that we are very sorry to see this slot go as it provided a great link between owners of timeshare on the two continents, unfortunately, Irene no longer has the time to work on her articles for Inside Timeshare due to her commitment with the new organisation Tarda which we urge all US owners to join. You can find more information on the following link.

https://tarda.org/

Over the past few weeks, we have been highlighting the link between Solutions SL and CUC Abogados, today we publish some more interesting information sent in by one of our readers who has been contacted by this scam outfit. Once again this reader decided to do their homework and due diligence before parting with their hard-earned cash.

They received the following email which explains that they have been awarded 32,000€ which just happens to be the same figure for every “client” who has been contacted by them. This email has been sent from this email address [email protected] which we know has been used for quite a few years.

Dear Sir(s).      15th October 2019

As you are aware the recent hearing went ahead as planned on Wednesday 25th September.

Although you chose not to appoint a collection agency to represent you, it would seem that a favourable outcome was also reached in your case, however payment of subordinate claims is postponed until preferential and unsecured claims have been paid out first.

The original award of 32,000 Euros per claimant still stands.

A managed payment plan of 12 – 32 months has been set by the court, meaning that the defendants must compensate all members of the action group within this time period.

The plan includes the following stipulations:

  • All compensation must be paid out no later than 32 months from the date of the sentencing.
  • The court is to review the progress of the pay-outs every 3 months, with the defendants and their representatives appearing in person to testify to the progress made thus far.
  • Failure to adhere to the payment plan or any attempts to stall it will be met with a strict prison sentence.
  • Due to the total amount of compensation owed exceeding the amount of 1 million Euros, a prison term of no less than 7 years has been set.
  • Should this prison sentence be enforced, all remaining assets will be distributed evenly by the court at that point.

To clarify, you may be paid out at any point during the set time frame of 12 – 32 months.

It is important to note that you will have to submit a request to the court to query the state of your pay-out. This can be done in person every 3 months, following the courts review of the proceedings.

To accomplish the above you may wish to employ the services of a para-legal for a nominal fee, who can attend the courts on your behalf a maximum of 4 times per year to submit the appropriate requests.

Should you require any assistance in doing so we would be happy to facilitate this for you. Please feel free to contact me to discuss this option further and request a quote.

Kind regards,

Julia García

Solutions.

Now we do actually wonder how the defendants will be able to appear in court every 3 months as the companies involved in this “case” Incentive Leisure Group, Designer Way Vacation Club and Personal Travel Group were all owned by the late Gary Peter Lee. So unless he has mastered the art of resurrection who will be appearing?

Now the cost for this service is £425.18 and has to be paid into the account of a named person a P Hall and not a company account, that in itself should always set the alarm bells ringing. If this company and service were legitimate why is the payment not made to a company account? (see PDF for payment details)

We now move to another new scam that our readers have alerted us to, this time it appears to be based on the Costa del Sol and the “company” is called Sanchez Services. The address they give on the email is:

4-7 Calle Cononel Ripollet 296405 Malaga

They also give details that they are a registered company with the CIF Number 8064689968

Now the address is fake, there is a street in Fuengirola called Calle Coronel Ripollet but the postcode is also wrong it should be 29640. The CIF Number is also fake, all CIF number begins with a letter consists of 8 figures For example B67313000.

It begins: My name is James D Souza from the compliance dept of Sanchez Services. He goes on to explain that to proceed with the claim the amount the client will receive is £5,950, this will be paid by cheque and delivered by courier or if they prefer it can be paid directly into a bank account, but obviously Sanches Services will need the client’s bank details.

Now obviously there is going to be a fee involved to pursue this “claim” but their advisors are not allowed to take the payment details over the phone. So they ask the client to “kindly” make the payment online or by visiting the bank. They then give the details of the “Escrow Account” for the payment of £595.

The account details are:

Pay: Peter Smith

Account Number: 01706758

Sort Code: 24-63-08

Reference: Name of the client

“IMPORTANT PLEASE CHECK THESE DETAILS WITH ADMIN DEPT BEFORE PAYING”

Now once again this account is in the name of a named individual although we must admit that Peter Smith is a very strange name to use and unfortunately we have been unable to identify which bank it is. We do know that the sort code does not appear to belong to a UK bank as we have checked using the sort code checker but have not been able to identify if it is a Spanish bank. So we do have to ask why do the details need to be checked with admin before making a payment?

The email also goes on to say that the £595 will be held in the escrow account for 10 days if the client has not received their £5,950 within the 10 days the money will be returned. Then once the client has received the payment they must sign and return the attached forms so that the £595 can be paid to Sanchez.

Sound all very good and appears to be safe!

Well, we think not.

The email is then signed off in the following manner:

Have a wonderful day, Best Regards William D’Souza

I do think he may just have forgotten that his name, to begin with, was James!

Now if these two examples don’t warn you to be on your guard then I’m afraid you do deserve to lose your money.

As we always warn our readers

DO YOUR HOMEWORK BEFORE PAYING ANY COMPANY MONEY NO MATTER HOW MUCH IT IS OR HOW MUCH THEY HAVE PROMISED YOU WILL RECEIVE!