Browse Tag

Daniels Silverman

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.

Maintenance Fees: To Pay or Not To Pay

One question Inside Timeshare receives on a regular basis is in regards to maintenance fees, “should we just stop paying them?”. Looking at many of the timeshare forums the general answer from posters is “yes, just ignore the bills, that is what I did, they won’t take you to court”.

It is also one of the main points that the so called relinquishment / cancellation / exit companies tell their clients, “once you sign up with us, don’t pay”.

Unfortunately, that is not quite true.

Many of the timeshare companies will chase for unpaid maintenance, at first through their own collections departments, but eventually they will pass these arrears to a debt collecting agency. Diamond along with other companies tend to use one of the biggest agencies in the UK, Daniels Silverman, based in Liverpool. MacDonald Resorts use Network Credit Services, based in Hamilton, Scotland.

The Ona Group based in Barcelona, Spain, actively chase unpaid maintenance fees, even for resorts they have taken over and the owner ended the contract with the original resort over 10 years ago. Ona Group say they have no record of the contract being cancelled and are taking those people through the Spanish Courts for upto 15 years unpaid fees. They use a law firm based in Barcelona called Punt Blau, who say they are are expert lawyers in the field of timeshare. The worst part of this will be the cost to the “debtor”, once the Spanish court has issued the judgement, it will be passed to a UK law firm and go through the County Courts for execution.

Once the debt has been passed to these agencies, you will be dealing with them not the resort, they will also incur huge amounts of interest and legal fees. You also then risk being issued with a County Court Judgement, commonly known as a CCJ. This will also have a very negative affect on your credit rating, preventing you from getting loans and even a mortgage.

Another question that arises from these enquiries is, “has anyone ever been taken to court, if so can you show us the judgements?”

Nobody has posted on any forum that they have been taken to court and lost”.

Well that is not surprising, would you publicise the fact that you have had a county court judgement made against you?

Agreed, it is not always taken to court, in most of the cases the person will give in to the threats of the debt collectors and pay. After all many of these owners are getting on in years and just want out, but they also have old views on debt, the stigma of being taken to court is a definite NO.

For the past few years Inside Timeshare has been highlighting the case of an elderly lady, now 90 years old, we called her Mrs B. She paid a company over £5000 to get her out of her MacDonalds timeshare at Dona Lola, this was in 2015. She was told the timeshare was no longer her responsibility and not to pay any further maintenance.

Her “debt” has been passed to Network Credit Services, this has now been handed over to a law firm Shepherd Wedderburn based in Edinburgh.

This firm is threatening to take her to court over the “debt”.

In their correspondence they even sent her copies of court judgements of MacDonald Resorts members who have been taken to court and had CCJs issued against them. They literally boast about it, which to an old lady is in our opinion a very serious threat.

They even place in their letter headed “Claims already issued in England and Scotland”, 4 cases along with which courts, case numbers and the names of the people involved, where MRL has won the claim.

  • Manchester County Court, Mr & Mrs S, case number C8QZ5392
  • Elgin Sheriff Court Scotland, Mr & Mrs C, case number ELG-SG24-18
  • Airdrie Sheriff Court Scotland, Mr & Mrs F, case number AIR-SG76-18
  • Gloucester & Cheltenham County Court, Mr & Mrs C, Case number E8QZ399H

These are genuine cases, these people have been ordered to pay and now have the dreaded CCJ on their credit files. All because they believed what they were told or read on various forums by idiots who have nothing better to do than give out bogus information on subjects they know nothing about.

There are ways of being rid of your timeshare, not paying your maintenance fees is not one of them. It may have been in the past when non-payment after 3 years the timeshare was repossessed, it may still hold true for the smaller independents, but for most of the big timeshare companies that is no longer the case.

If you have any questions on this subject and would like to know what your options are for relinquishing your timeshare, then use our contact page and we will point you in the right direction.

Start the Week: Exiting Timeshare and the False Promises from Exit Companies

At the end of last week we started our Letter from America with information provided by many of our readers on their attempts to exit or relinquish their timeshare, for many this has proved to be very costly. Many of these readers have given the same account, they paid a company many thousands of pounds to “exit or relinquish” the timeshare, only to find out that 3 years down the line they are not out and now owe thousands in maintenance arrears. Many are also facing court action by debt collection agencies.

In many cases it all starts with a cold call, in others the timeshare owner is seeking help and has either found the company on the internet or has been recommended by one of the so-called independent timeshare consumer advice sites. Many of these companies pose as law firms, paralegals and experts in timeshare exit, all to fool you the timeshare owner.

The initial offer is to get you “compensation” for being mis-sold, all on a no win no fee basis, but this is just the bait, before this can go ahead you first need to have the contract cancelled. Unfortunately this is what they are actually after and it does entail a payment upfront, in some cases upto £10,000!

So how is the “exit or relinquishment” processed?

Very simply it isn’t, the company will send a “unilateral letter of cancelation” or “exit notification letter”, all this means is that you have stated your intention to withdraw your membership. Along with this letter the owner is then told not to pay anymore maintenance, if the timeshare company sends an invoice for maintenance, just ignore it, you are out!

Eventually, as has happened to many of our readers who have sent in emails, they are now being bombarded with notices of huge sums in arrears, with the threat of being taken to county court for a debt. The timeshare company itself does not take the “debtor” to court, it is passed to a debt collection agency who do the legal stuff on behalf of their client, the timeshare company. One of the main companies that deal with this field is Daniels Silverman, who have a reputation for always getting paid.

As far as the timeshare company is concerned, you are still a member / owner and are liable for the maintenance, they have never accepted the letter of exit from the company that was paid to “exit” you from your timeshare. As we have stated in many previous articles, the timeshare companies do not accept or deal with theses “exit or relinquishment” companies, they will only deal with the member direct. They have their own systems in place for dealing with a cancellation, subject to certain conditions.

Have you paid a company for the cancellation of your timeshare and are now receiving demands for maintenance arrears with threats of legal action, if so use our contact page and we will get back to you.

If you answer yes to this question and want to know where you stand legally and what you can do about it, then contact Inside Timeshare and we will get back to you.

Remember, do your homework!

  • 1
  • 2