Browse Tag

España

Another Incarnation of the Fake Lawyer in Tenerife

Well it didn’t take long for another incarnation of the Litigious Abogados family to come up with another “FAKE” law firm, this one is called La Litigación Española, with the website

http://lalitigacionespanola.com

Which was registered on 2 November 2018 so is only 25 days old, it is due to expire on 2 November 2019, so only paid for one year!

As usual the registrant is hidden by a privacy protect via GoDaddy, this in itself is usually a sign of a “Scam” outfit.

According to the website the firm was founded on Friday 2 october 1992, again very precise, by Juan Folanta Hadorso, they claim to be a legally registered Spanish company with the CIF Number A25891623. No company can be found on Spanish company register and the CIF Number is also a fake.

The address is one that we have seen before on several other incarnations:

4, Calle de San. Francisco, 4P, Santa Cruz, 38001-38002, España

The telephone numbers they give are:

Freephone: 0800 862 0194

Madrid: 0034 919 030 442

Santa Cruz: 0034 822 250 524

With the email addresses:

[email protected]

[email protected]

Again these email addresses are free email providers.

The website once again shows many official logos for the many Colegios de Abogados, (Bar Associations) and various other official associations.

They also show photographs of their so-called lawyers:

Juan Folanta Hadorso

Juan Folanta Hadorso, the founder, who is actually Jean-Pierre-Mignard Lysias Partners based in France (see link)

Jean-Pierre-Mignard

https://www.lopinion.fr/edition/politique/jean-pierre-mignard-dans-jardin-bien-mal-5230

Francisco Desrabu Folanos

Alberto Nalgata Solatez

Emillio Gargantim Librenza

On the contact page there is also a photo of another young lady who is probably the admin contact contact:

Manuela Lamamel Coniu

We are still in the process of identifying the other pictured “lawyers”.

Another name that has surfaced is Alberto Nalgata Solatez who is from Departmento De Reclamaciones or claims department.

Well we all know what the “pitch” is going to be, your timeshare company is to appear in court very shortly, you have a case and can be part of this. But to do so there is going to be a procurator fee to be paid direct to a named individual and a personal bank account.

Then you will be informed that the director of your timeshare company pleaded guilty to all charges and you have been awarded a substantial amount of money. Fantastic, an early Christmas present, unfortunately you must first pay a “TAX” to have this money released, this will be around 20% of the awarded amount.

This will all be backed up as in the past by very convincing court documents, along with probably a photocopy of the cheque made out in your name. This will never arrive, well, an envelope will arrive but it will be open and the cheque will be missing.

Then out of the blue, another company will be in touch and tell you the cheque was stolen and cashed by a foreign gang. This company has been charged by the court to recover your money for you, but, yes you guessed it, they will want around 10% to 20% of the awarded amount to carry this out.

This is a “FRAUD”, do not be taken in by them, all the names are FAKE, all the documents are FAKE, everything about them is FAKE!

If you have been contacted by this or any other company with a similar story, use our contact page and give us the details, it is through your information that we can warn others and also pass this information to the appropriate authorities.

Remember, doing your homework first will in the end save you thousands and a lot of heartache.

Another Fake Law Firm from the Litigious Abogados Family

Here we go again, yet another fake law firm has sprung up in Tenerife, again it is linked to the Litigious Abogados family. This one is called Abogados Litigación España  and JDD Juan Drimals Deolaro, with the website:

http://abogadoslitigacionespana.com

Which was registered on 11 October 2018 and is due to expire on 11 October 2019, so not only has it been registered for only 11 days, but will only last for 1 year. As usual the registrant is hidden by privacy protection. They also show another fake CIF Number (company number) to add credibility: A12475921

The address is also very familiar as it has been used before:

Calle de San Francisco, 6, 38001 Santa Cruz de Tenerife, España

Telephone numbers are:

Freephone: 0800 862 0036

Tenerife Tel: 0034 822 684 562

With the email addresses which again are not linked to the website but are free email address providers:

[email protected]

[email protected]

The “company” was founded in August 1990, a slight difference to previous one as they do not give the day or the date, but the founder is Juan Drimals Deolaro, another name that we published in the article Litigacion Abogados on 10 October, using the same photograph:

The names and photographs of the lawyers are also the same although they do have a new name and photograph for another young lady on the contact page, Mevalena Cacha Coquina. She is in fact a young lawyer from a firm in Chile, Carmen Castillo Arenas, obtaining her law degree in 2006, the firm she works for is Manuel Acuña Kairath Abogados, based in Santiago, Chile.

Mevalena Cacha Coquina

Manuel Doleva Elkulete

Valentin Foga Rehalna

Manuel Selbon Vamilos

They also show many official logos such as the Ilustre Colegio de Abogados for Madrid and Santa Cruz de Tenerife including this one below.

Well, we don’t need to guess what the pitch is going to be, we are by now very familiar with their modus operandi, the news that your timeshare company is being taken to court within the next few weeks. Pay the “FAKE” Court Procurator a fee and you can be included.

Then the great news that the director of your timeshare company pleaded guilty, (we just wonder what name will be used for this director), with the court awarding you a very substantial amount of money. One snag, they now need 20% of the awarded amount to pay “TAXES”!

This firm is just the latest incarnation of many which have now been operating for around 3 years, continuously changing names and website addresses, one thing that has remained constant is the all the websites are the same and the story is always identical.

Remember, unless you have personally instructed a law firm and gone through all the legal procedures, then you do not have a case in court. Do not be fooled by these criminals, it is a very elaborate and well put together fraud, we know many who have fallen for it and have lost thousands with no way of getting it back.

If you have been contacted by this “fake law firm” or one with a similar story, then contact Inside Timeshare, we will help you check their validity.

Our warning is always the same:

CHECK, CHECK AND CHECK AGAIN, DO YOUR HOMEWORK!

 

Friday’s Letter from America

Friday’s Letter From America is from Irene Parker, written from Poco Diablo Resorts, a Diamond Affiliated property in Sedona, Arizona. Irene thought our EU readers would like to hear about an unusual travel activity that takes place annually in Sedona, one of the most popular tourist destinations in America, south of Arizona’s Grand Canyon.

Irene said she received good value for her Diamond points. All timeshare members should remember their timeshare math, checking the value of maintenance fee dollars against booking online. Given Poco Diablo’s $13 per night fee for something, and a 13% tax, it was significantly less using Diamond points. She checked into Poco Diablo on Friday the 13th.

Inside Timeshare has been asked by Canarian Legal Alliance to issue the following warning.

A company going by the name of Abogados Lopez (Gran Canaria & Marbell) is contacting clients and stating they are calling on behalf of CLA. In the call clients are told that a settlement has been reached and a considerable sum has been offered.

To finalise the payment  of these funds, a processing fee of 10% is required, this is to be paid by bank transfer.

According to the email after the initial telephone conversation, the processing fee covers the following:

Modelo 214: This is a Tax declaration form, it has to be filled in by their Notary on the clients behalf. It is to confirm that the money awarded by the judicial system is non-taxable, but when is arrives into the clients personal account via bank transfer the client must inform the Inland Revenue.

Modelo 037: Another form which enables their Notary to set up an online verification account in the client’s name.

Modelo 790: Yet another form which gives them authority to enter the clients non-residential NIE number into the fiscal system, attaching it to the clients case file. The client is also told it is only valid for three months.

The attached letter in the email has what looks like official stamps and logos, so it does look very official to the uninitiated.

They are using 2 telephone numbers, one is a Spanish mobile number: 0034 602 657 670 and a UK number with a Chepstow code: 01291 440500, when dialled this number does not connect, another number that has been given is 0034 951 242 867 which is a Malaga number.

Their email address is: [email protected], there is a website but it does not contain any information. The website was registered on 22 March 2018 and is using a privacy service to hide the owners.

The address that Abogados Lopez is using is: Calle Teniente C Castillo, Olivares 12, 35011, Palmas De Gran Canaria, Gran Canaria, España.

This is yet another fake law firm and is not working with Canarian Legal Alliance and has no authority from them, if you have been contacted by Abogados Lopez and received any information from them via email, contact Inside Timeshare and we will pass on the information to the lawyers at CLA.

Now for this weeks Letter from America

Our Diamond Resorts Experience at Poco Diablo, Sedona, Arizona

The War In Between, by Director Producer Riccardo Ferrais

https://www.youtube.com/watch?v=xCyCTQXJiGM

A documentary about PTSD diagnosed veterans and wolves and why timeshare sales agents should not defraud our veterans

By Irene Parker

April 27, 2018

Tuesday May 1: A Military PSA by Joshua Parker, US Army, Ret, OIF

A Wolf Friendly Resort – Wolf Week April 17 – 22 at Poco Diablo

An unusual resort activity

POCO DIABLO RESORT is a trademark of Poco Diablo Resort, LLC, a limited liability company formed under the Limited Liability Code of the Fort McDowell Yavapai Nation.

Those who suffer from the effects of a traumatic event can do one of two things – fall victim or channel outward in the fashion of John Walsh, producer and director of the American television show, America’s Most Wanted, advocating on behalf of homicide victims and their families. Joshua Parker is an army combat veteran alleging he was defrauded by timeshare and told by a company vice president, “We are not responsible for what our sales agents say,” Joshua has joined our advocacy efforts reaching out to military publications to warn veterans, and especially Active Duty military, several in danger of losing their Security Clearance due to timeshare foreclosure.  Sales agents, by the words of this vice president, are encouraged to make up outrageous claims to sell vacation points. Inside Timeshare has heard from 42 members of the military alleging they were defrauded by timeshare sales agents.    

Scamming consumers is bad enough, but we find nothing more disturbing than preying on war heroes who have put their physical and mental health on the line to protect all Americans. About a third of our veterans are combat veterans, several 90 to 100% disabled. We believe the reports of the war heroes over the denials by timeshare sales agents, several repeat offenders. According to the FTC:

Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population. https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

Wolves and veterans

One of the activities during Wolf Week in Sedona was the showing of the documentary, The War In Between. Combat veterans, diagnosed with PTSD and wolves, victimized by illegal trappings, work towards recovery. After the film, we had the opportunity to meet director Riccardo Ferrais and the wolves.

Plan B Founder and advocate with her rescued victims, Chaos and Theory

https://www.planb.foundation/

https://lockwoodarc.org/larc-veterans

Wolf Week was presented by The Plan B to Save Wolves and Apex Protection Project with Presenting Sponsor Poco Diablo Resort an Enterprise of the Fort McDowell Yavapai Nation.

Founded by Betsy Klein and Timon Pratt, the Plan B Foundation is a 501(c)3 corporation created to support organizations and individuals in their mission to protect, preserve and rescue wolves and wolf dogs through advocacy, education and funding.

From the book Wolfer, by Carter Niemeyer, a Wolf Week guest speaker:

“Carter stands between these waring groups, the furious ranchers and outraged environmentalists, mediating, doing what he has to do, with a heavy heart.”

Nicholas Evans, Author of The Horse Whisperer

Having spent almost three years now listening to reports from families describing how their lives have been ruined after falling victim to predatory and deceptive timeshare sales, I understood the bittersweet experiences wolf advocates experience on a daily basis. We wish we could win them all too, but reluctant regulators and timeshare developers, who care little how points are sold, allow the hamster wheel of recycled timeshare inventory to continue unchecked. The best we can do for some is guide the member and their family through the painful foreclosure process. Despite what “Get you out of your timeshare” ads advertise, there are no guaranteed timeshare exits. We have had members report being charged thousands of dollars, only to eventually be told foreclosure is a guarantee. Most timeshare members have high credit scores and have rarely been late on a payment, but rising maintenance fees, the lack of a secondary market, and rising fraud have spelled disaster for many families. Inside Timeshare US and Timeshare Advocacy Group™ has assisted 406 families, 148 since January 1.

I hear members say things like, “There is never any availability” or “You can always book cheaper online.” My husband and I own 10,200 Diamond points. We used 8,000 points to book two weeks (which happened to be during Wolf Week) at the Diamond affiliate Poco Diablo property. Our first timeshare exchange thirty years ago was at Poco Diablo. Compared to Booking.com, we saved a good bit using Diamond points over booking online. The wolf friendly Poco Diablo resort, of the same name, borders the timeshare Poco Diablo.  

We usually stay at Diamond’s Los Abrigados resort in Sedona, our home resort, but Los Abrigados was not available this year. We own Diamond US Collection points and Premier Vacation Club points. I’m told PVC members pay the highest maintenance fees. When we asked to use the Spa at Los Abrigados, checking the box that said we were PVC members, we were denied access. We explained that the reason we were not staying at Los Abrigados was because there was no availability and that our maintenance fees went toward the spa maintenance. The attendant said they would make an exception this one time, but advised that we would have more flexibility if we gave up our PVC points for Diamond points. After a ten minute lecture, the attendant said, “Maybe I’ll look for another job.” Diamond advertises Poco Diablo as a Diamond property.          

https://www.diamondresorts.com/destinations/property/Villas-at-Poco-Diablo

Our advocates are available free of charge. We have saved more than a few members from the nets of scams. We have assisted hundreds of members with regulatory and, if needed, law enforcement filings. We thank all our advocates for their part in the process, and thank timeshare members for reporting. Without regulatory filings, nothing will ever change. Contact one of these self-help groups we feel are not industry influenced if you need help with a timeshare concern.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://www.facebook.com/timeshareadvocategroup/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene, we all hope you and Don had a very enjoyable vacation, although we do know you were still hard at work on behalf of all those who have contacted us.

If you have any comments or questions about any article published use our contact page and get in touch with us.

Have you had a call regarding your timeshare, be it resale or claims and want to know if the company is genuine, then get in touch and we will point you in the right direction.

Join us again next week when we bring you the latest news on the timeshare world, we also hope to have some news about the EZE Group case at Birmingham Crown Court, where Dominic & Stephanie O’Reilly will be told their fate.

Have a great weekend.

More News on Litigious Abogados

Once again Inside Timeshare has received another email from a concerned reader about Litigious Abogados, he also received an email that he had a case against Diamond and can be included in the forthcoming case.

To get this underway an initial payment of around 1000€ needed to be made, this was payable to the “Court ProcuratorDavido Harstun Jaime. The client did pay this and eventually he received the great news that Diamond Resorts pleaded guilty on 13 December 2016. The strange thing is, if Diamond were going to plead guilty, surely they would have made an out of court settlement, rather than go to trial?

He was informed the court had awarded him around 20,000€, but before this could be released he would need to pay “TAX”, again to the “Court Procurator”. There is also a new twist to this tale, he was informed that this “TAX” would be refunded to him by the UK’s  HMRC (Her Majesty’s Revenue and Customs). This would be in June 2017 after the lawyers had made representations in his behalf.

Now, why would HMRC refund any “TAX” paid to a court in Spain or to the Spanish Government?

The plot is certainly getting thicker in order to lend credibility to this operation. Inside Timeshare wonders what the next twist will be.

LIT

This is a full list of the company names and websites with all names that appear on documents and emails:

Websites:

www.litigiousabogados.com/

http://emiliocatillianos.com/

www.litigarabogados.com/

http://manuelamasconde.com/

http://abogaciaespanola.com/

http://fernandoholaci.com/

http://www.davidoharstunjaime.com/

Lawyers:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

Ramon Quilnar Canal for Litigious Abogados;

Ramon Quenan Cansal for Litigar Abogados;

Ramon Quilon Climol for Abogacia Española.

Procurator:

Davido Harstun Jaime.

Addresses:

Litigar Abogados and Litigious Abogados

Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife,

Abogacia Española

Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España.

Staff named on Emails:

Luisa Ernas Fernandez Departamento Legal;

Layla Lavame Fernandez Departamento Legal;

Layla Lavame Carita Departamento Legal;

Maria Sanchez Gotera Departamento Legal;

Madelena Huele Aflores Departamento Legal;

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados. European Union Data Protection Directive 95/46/E

court_doc-page-001
Court Document
Compensation_Cheque-page-001
Compensation Cheque issued by the Procurator

 

Luckily for this reader he found the previous articles on Inside Timeshare and this has saved him several thousand euros. Once again this proves you need to do your due diligence before engaging any company, doing your homework will save you money and heartache.

If you have been contacted by any of the companies in this and previous articles, Inside Timeshare would like to hear from you. It is through your information that others can be warned.

 

Litigious Abogados: The Plot Thickens

 

litigious-abogadoslitigar-abogados-4

Back in September 2016 Inside Timeshare published the article Litigious Abogados Who Are They? This followed a warning published by Mindtimeshare on 23 September about a so-called law firm Litigious Abogados. They also highlighted another firm in July 2016 called Litigar Abogados, it turned out that both websites apart from lawyers names were exactly the same, even sharing the same address: Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife, which when checked on Google Street View it turns out to be the Oficina del Servicio de Atención Ciudadana, the equivalent to the Citizens Advice Bureau of the local council.

Since then another has been highlighted called Abogacia Española, with the website:

abogacia-logo

http://abogaciaespanola.com/

 

This website again is identical to the other two, this time showing a different address: Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España, with the telephone number: 0800 802 1758.

 

The following is the website for the founder Fernando Holaci

fernando-holaci-300

http://fernandoholaci.com/

All three websites show a photograph of the founders of the companies:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

 

litigar-abogados-24

The only problem is they all have the same photograph, it could be that they are identical triplets!

Since the original articles more documentation has been sent in by a reader ( we shall call him Mr X) who was almost taken in by Litigious Abogados, unfortunately he had already paid them around 1200€ for procurator fees, and was about to pay more when he found the original article.

Below is the original contact letter he received telling him about the case against his timeshare company. They state “we are officially recognised by the high Court of Santa Cruz”, their “lawyers are legally authorised to operate in any Court of Law in Spain” and they “are currently working in conjunction with the Spanish Authorities”. This is signed by Ramon Quilnar Canal of the Reclaim Department.

original-letter pdf

Ramon Quilnar Canal has a photograph in the Litigation, Civil law section of the Litigious website, problem is it the same photo on the other two websites, with the following names:

Ramon Quenan Cansal on the Litigar website;

Ramon Quilon Climol on the Abogacia Website.

 

ramon-quilnar-canal

These picture are more than likely to have been downloaded from the net from lawyers images on google etc.

Now to the court case.

Mr X then received a letter with the amount that needed to be paid to the Court Procurator Davido Harstun Jaime, this was originally 1,312€ reduced to 1,201€ and was refundable. Once he agreed to this he would be included in the case, which was to be heard on 15 November 2016. The website and address for Davido Harstun Jaime the Procurator is:

http://www.davidoharstunjaime.com/

Avenida Juan Carlos I, Edificio Valdez, Oficina 604-605 B, 38618, Arona, Tenerife.

proc-fees-letter  pdf

court_fees1  pdf

confirm-case  pdf

Then in a letter dated 17 October 2016 Mr X is informed that the hearing on 15 November was successful and he had been awarded the grand total of 32,449€ not a bad sum. It may be a clerical error but we did not think that time travel was yet possible!

confirmation-of-win  pdf

Mr X was then informed that the money had been lodged with the “Procurator” and a cheque had been made out in his name (he received a copy by email to confirm). Only snag is he must first pay the tax to the court procurator to release the funds. This amounted to around 6,800€, unfortunately he could not afford that amount and informed Litigious of this.

compensation_cheque  pdf

They then informed him of some good news, after a conversation with the lawyer liaison Richard Lehmen, a meeting was held and as a goodwill gesture they would pay 50% of these fees on his behalf. Mr X would pay this back when he received his money. A cheque was made out to the Procurator and a copy sent to Mr X. This letter was signed by Simone Maro Malivaz (Abogado).

bbva_cheque_on_behalf_of_mr-x  pdf

Inside Timeshare has made substantive checks on all the named lawyers and none have shown up on any Bar Association Register, nor have the companies shown up on company house records.

All the emails Mr X has received have been signed by the following:

Luisa Ernas Fernandez Departamento Legal

Layla Lavame Fernandez Departamento Legal

Layla Lavame Carita Departamento Legal

Maria Sanchez Gotera Departamento Legal

Madelena Huele Aflores Departamento Legal

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados.

European Union Data Protection Directive 95/46/E

This is a very sophisticated operation and for anyone who does not know the legal or tax systems in Spain it looks very plausible. Once again Inside Timeshare urges anyone who receives any calls, email or letters stating that their timeshare company is being prosecuted or that they have won a substantial amount in compensation to be very careful. Unless you have personally instructed a law firm, signed a power of attorney with a notary for them to act on your behalf, then there is no case. Also court taxes and government tax are paid when the case is lodged with the court by your instructed law firm.

This story proves the point that doing your homework and due diligence is the most important thing to save you possibly thousands. If you require any information about any company that has contacted you with anything similar or even by any of these contact Inside Timeshare and we will look into them for you. It will also help other readers not to be taken in.