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Davido Harstun Jaime

Litigious Abogados: Showing Some Charity!

Nothing surprises us here at Inside Timeshare, but sometimes we are a little taken aback. This time it is the very charitable offer from that wonderful group of “lawyers” in Tenerife, Emilio Leyes Castillianos or Litigious Abogados.

LIT

Readers of Inside Timeshare have shared with us the latest in this firm’s game plan, our readers informed this company that they could not afford to pay the “Tax” to the Procurator, Darston Jilmo Davida. They also asked for their original fees to the Procurator to be returned, conveniently the lawyer liaison Richard Lehmen did not receive the email.

Instead he had a meeting with the partners of Litigious Abogados and they very generously have offered to pay 80% of the “Tax”. As they state in their lovely letter “ We as a firm, occasionally carry out “Pro Bono” work, to assist those who are unable to pay for services, or, as in your case, pay the imposed tax fees”.

Ayuda redacted-page-001Ayuda redacted-page-002

Above the letter offering the “charity” payment.

They then go on to say “We feel that there is a lot of money at stake for the common good and therefore you were made eligible for this arrangement, however this decision was reached mainly because Mr Richard Lehman explained to us your particular circumstances”. I would guess the “common good” was their own pockets!

I don’t know about you, but this Mr Richard Lehman is a very lovely person and the lawyers are the most charitable I have come across. They are sending a BBVA cheque to the Procurador to the value of 5,384.40 Euros, which is 80%, leaving the client to pay 1,346.10 Euros. They will then invoice them for this amount and add it to the 20% commission upon payment of the compensation cheque.

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A previous readers “charity” cheque to the Procurator
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Latest “charity” cheque to Procurator

 

 

 

 

 

 

 

 

 

 

 

The letter ends with “We trust the above is clear and pledge to be as proficient and professional as you would expect of a company of our standing”. This is signed by Simone Maro Malivas, Abogado. This is a new name to add to the list of “lawyers”.

Also the Procurado seems to take on a new persona, this one is Darston Jilmo Davida, with a bank account at the BancaMarch, Then there is  D Harstun SL with a Banco Sabadell account Harstun Davido Jaime with his account at Bank Santander. Another name was Davido Harstun Jaime, just wondering if they are brothers, or just the same person?

Cuenta Procurador.-page-001 Modified Court Fees-page-001 procurator-page-001Three of the Procurator bank accounts.

The question is how have they managed to set up so many bank accounts, after all many of us who live in Spain had to show so much identification to open up our accounts?

Going back to another firm in this little family living in Tenerife, Legitimos Abogados, one of the named lawyers, Juan Luis Partalabo, one document gives his Colegio de Abogados (bar association) number as 4057. When checked against the bar association registry 10 names come up around Spain, none with this name or the colleges he is supposedly registered in: Madrid; Málaga and Santa Cruz de Tenerife. So this would confirm he is not a registered lawyer.

Legitimos redacted-page-002

So far we have not been able to locate any of the named lawyers in any colegio de Abogados, on mainland Spain the Balearics or the Canary Islands.

Court Document 01 Court_Doc-page-001 Court_Lodgment redacted-page-001Three fake court documents

As we have said before, this is a very well put together operation, we have seen very convincing court documents, copies of cheques with clients names on, wonderful letters offering to “pay the taxes” and to cap it all, the sending of cheques to clients. The only problem the letter was open and the cheques missing. This is then followed up with another letter from another firm, claiming that a gang of Romanians have stolen and cashed the cheques. They have been charged with getting your money back but in order to do this they have to be paid.

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The Banesto compensation cheque issued by the “court”

Please remember, courts do not issue cheques, especially on Banesto cheques which were taken over by Santander in 2012 and they stopped using that name. There are no “Hacienda” taxes to be paid for compensation. These cases do not exist, even the best law firm in this field cannot get a case to court within the timescale these have done.

For all the articles on this group of law firms and consultants search Litigious Abogados in the search box.

This is a great example of doing your due diligence, it looks very genuine and to those of you who don’t know how the system works in a foreign country or what the official documents look like, will be taken in. If you have been contacted by any company or law firm that tells you that the court has money waiting for you or that you have a claim, contact Inside Timeshare and we will have them checked for you. There has been a huge proliferation in these types of fraud since the Supreme Court ruled in favour of clients of the Canarian law firm CLA, so do your homework.

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Abogados Abel Garcia: A New Member to the Litigious Abogados Family.

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Over the past couple of days Inside Timeshare has received more questions from concerned readers regarding the so called law firms in Tenerife: Litigious Abogados, Litigar Abogados, Abogacia Española, Fernando Holaci and the Procurado Davido Harstun Jaime.

There is a new website on the block with another new law firm and lawyer, Abogados Abel Garcia, with Abel Garcia being pictured on the website.

http://abogadosabelgarcia.com/

abel-garcia-abogados

This website was created on 5 January 2017, so is just 3 months old yet they are claiming victory over Resort Properties, where the “Director Kevin Baker” pleaded guilty. Strange that? The same name was the director of Club la Costa from Litigious Abogados and other resorts in previous letters, who also pleaded guilty.

This website is exactly the same as the previous ones except for the logo and minor changes. All photos are the same including the lawyers with two new names: Manuel Torres Privlo and Ramon Quena Cinol. Even using the same photographs as on the other sites.

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Manuel Torres Privlo

 

 

 

 

 

 

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Ramon Quena Cinol

 

 

 

 

 

 

 

 

Again the letters state that the client has been awarded a substantial amount in compensation, including a very good copy of the court’s sentence. This again bears stamps, which to those not familiar with Spanish court documents would believe are genuine.

As in the previous articles the modus operandi is the same, to receive this wonderful payout all the client has to do is pay the procurator Davido the tax and the money will be released. Once again the client receives a colour photocopy of the cheque. This is issued on a Banesto cheque, which as we know was taken over completely in 2012 and merged with Santander. They stopped using Banesto cheques, cards and logo very soon after.

The address given is: Calle de Valentín Sanz, 16, 14, Piso 38, 002 Santa Cruz De Tenerife.

Which does exist, but number 16 looks like a fashion shop, but next door at number 14 there are plaques on the wall for a notary and abogado, but not the ones named on the website.

street view

The telephone number is: Freephone: 0800 802 1 778

with the email: [email protected]

This is indeed a very sophisticated operation, documents, letters, cheques and bank drafts do look very convincing. The standard of English on the letters is also very good, which again suggests an educated native English speaker is involved

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Inside Timeshare cannot stress enough that on no account should you part with any money or even take any notice of the so called windfall that you have been told is waiting for you. Courts do not issue cheques.

If you have had any correspondence from any of the companies listed in previous articles or this new one, contact Inside Timeshare and we will point you in the right direction.

Links to previous articles or search Litigious Abogados, these have full lists of all names used:

http://insidetimeshare.com/1059-2/

http://insidetimeshare.com/litigious-abogados-update/

http://insidetimeshare.com/litigious-abogados-latest-information/

http://insidetimeshare.com/litigious-abogados-plot-thickens/

http://insidetimeshare.com/litigious-abogados-new-update/

http://insidetimeshare.com/news-litigious-abogados/

http://insidetimeshare.com/litigious-abogados-plot-gets-thicker/

Remember it pays to do your homework.

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My Thoughts Today: End of January

We began January with an update on “bogus” law firms Litigious Abogados and Litigar Abogados, with the addition of a third firm called Abogacia Española, with the founder being Fernando Holaci. All three websites are the same except for minor alterations such as colour and the names of the founder and the lawyers.

The method of enticing timeshare owners to pay is also very sophisticated, with fake court documents, copies of compensation cheques and official looking documents from the so-called Procurator, Davido Harstun Jaime.

LIT

They begin by sending or calling prospective clients about the court case they are about to conduct against their timeshare company, that they are eligible to participate. In order to be registered on the coming court case, a sum of around 1,500€ is required. This has to be paid quickly as the case is due to be heard within the month.

Once this sum is paid, the client receives another email with the fantastic news that their case has been won, with the court awarding many thousands back to them. All this is done within weeks, a feat not seen in a Spanish court or any other court for that matter. Now comes the main part of the “sting”, in order to get this sum paid out court taxes etc need to be paid first, the amount varies from client to client depending on the court award. But they are in the region of £4000 to £8000. For further information see the link below or search Litigious Abogados in the search area for all the posts.

http://insidetimeshare.com/litigious-abogados-plot-thickens/

Inside Timeshare with Irene, also broke the news of a settlement between the Arizona Attorney General Mark Brnovich and Diamond for $800,000 which revolved around “Allegations of Consumer Fraud Act Violations”. This is a story that we have been following all month. (see following articles).

arizona-ag-seal

After the “Breaking News” of the settlement, a joint article by Charles and Irene on the role and use of OPC´s in the timeshare sales cycle. It began with an outline on what regulations various countries in Europe have on controlling how these “scratchcard touts” operate. Going on to explain how they work in the US, with Irene laying out the information they are after. She also spoke about an OPC that she knows personally. It was an insight into how you ended up on the presentation.

This was followed by more Litigious Abogados updates and the article “Thinking of Buying a Timeshare”. It was closely related to the previous article on OPC´s as it explained how the scratchcards work, then going on to ask “Is it worth buying one”?

It came to the conclusion that it depends on what you are after, it also weighed up whether to buy from the developer or a resale. There was also a link to Mike Finn of the Finn Law Group, who also gave some very sound advice.

Again we went across The Great Lake for more news from the US,

http://insidetimeshare.com/timeshare-news-across-atlantic/

In this article Irene gave her analysis of the importance of the Arizona Attorney General’s settlement with Diamond. Irene told the story of the nightmare suffered by Irina Allen and her purchases, along with the fact she had her membership suspended on false allegations of being a “mega renter” with an AirBnB account. She had even been advised by a sales rep to buy more points as renting will help pay the maintenance.

Another article we published was on the subject of plagiarism, this was prompted by posts appearing on the TCA website which more than resembled articles written by myself and Irene. Any author will recognise their own writing style and use of words. Especially as the grammar used by the TCA writers is to say the least very poor.

But, the main point was the use of information not just from Inside Timeshare but also from Canarian Legal Alliance. In all the posts on the TCA site, no mention or accreditation to where  this information had come from. It all appeared  the TCA was taking credit for the information and the Supreme Court victories achieved by CLA. Whenever Inside Timeshare publishes any article that uses information or news from another source, that source is always credited for it. That is the basic rule of any journalist or writer.

http://insidetimeshare.com/tca-using-others-work/

plagiarism

The next article on US timeshare had a very happy ending, back in November Irene explained that Wyndham had launched “The Ovation” surrender programme. After receiving this news Inside Timeshare contacted one of our readers, Steve, who owned at Wyndham. Due to his personal circumstances he wanted to surrender his ownership, he did not have a claim, so relinquishment was the only option.

It was explained to Steve about the Ovation news and he duly contacted them to surrender his ownership. Within two months he got the news that they had indeed accepted his surrender request. Since then Diamond have also accepted the surrender of his European membership, although due to his statement of events at the point of sale, Diamond are investigating and we hope to report on that in the near future.

http://insidetimeshare.com/wyndhams-ovation-surrender-program-latest-news/

On the day President Trump was inaugurated Inside Timeshare along with Irene published the question “Attorneys General and Timeshare under Trump”. The article explained how the business and politics are linked, including the role of the “lobbyist”.

This was a subject being asked by many owners of timeshare in the US and only time will tell what effect his presidency will have on them.

http://insidetimeshare.com/attorneys-general-timeshare-trump/

In the article “And So it Begins”, it followed Irene being banned from the Diamond Resorts International Members facebook page. The reason, a few thought her posts and links to our articles were political, Inside Timeshare posed the question “what is not political nowadays”?

The real reason of her ban is simple, she asks questions about Diamond, she writes about Diamond, she questions Diamond, she questions the practices of the sales reps, but she also has dialogue with Diamond. She brings to their attention the concerns of thousands of members, she has also had statements from senior Diamond employees which she has used in her articles.

In her following article she called for advocacy in timeshare, highlighting Diamond creating an Advocacy Department, even contacting Maya Pogoda, Diamonds Public Relations Representative, who is also helping to launch the Diamond Advocacy and Clarity programme. But to some on the facebook page she was attacking Diamond, when in reality she and Inside Timeshare are calling for dialogue. Yes we do highlight the ugly, but we also highlight the good.

In another twist to this tale, two more people have been banned from this group, the reason? They have been highlighted in articles by Irene and published on Inside Timeshare, They are Irina Allen and the Saldana family. Do those calling for a ban who are the administrators believe in two sides to a story or are they only interested in promoting their own ego´s, one openly boasts how he owns so many points yet has never actually paid for them, one wonders how he got them? You know who you are and Inside Timeshare awaits your response.

http://insidetimeshare.com/timeshare-advocacy/

CLA Logo

Back to Europe, Canarian Legal Alliance has been hitting the news again, published on the 26 January, was the news of two Supreme Court rulings against Silverpoint / Resort Properties. In the first judgement the court announced that the Club Paradiso product was indeed timeshare and fell under the relevant laws, they also concluded that the client in this case was a consumer not an investor as Silverpoint claimed. This has significant implications for other “Club” schemes operated by other companies.

This case was picked up by The Northern Echo follow the link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

Within days there were another two verdicts delivered by the highest court in Spain, again against Silverpoint. In the fourth ruling, the court reiterated the earlier verdict that the “Club” scheme was timeshare, this was in relation to Hollywood Mirage and Beverly Hills Club Vacation package. Now if memory serves me correctly the second ruling on “Club” schemes now puts that into jurisprudence.

 

In the last article this month, Irene gave her views on Diamond’s Clarity programme, she had an interview with Maya Pogoda the Diamond PR and also had comments from Executive Vice President, Chief Sales and Marketing Officer Michael Flaskey. Now if this isn’t creating a dialogue, well I don’t know what is!

This will be followed next month by Part II: How Owners Feel About Clarity.

We have also been informed of a major news item that is just breaking, we hope to have an article on this tomorrow, Irene is busy on it now. But we must remember she is several hours behind us, so watch this space.

Inside Timeshare publishes these articles to keep you informed of the latest news, developments and views in the world of timeshare. Much of it you would never hear about, especially as many forums will remove posts the administrators don’t like. We will continue to publish even if it is controversial, that is what we believe in, the freedom to question, criticise and comment.

Inside Timeshare would like to thank all those who have contributed to articles this month, either through information or comments, without you the stories would not be there.

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