Browse Tag

High Court

End the Week: Another Fake Law Firm and Court News

Welcome to the end of another week with Inside Timeshare, even though we are not publishing as often as we would like due to personal reasons, the timeshare world continues to move on. Once again another “FAKE” law firm has appeared, this time they claim to be based in Barcelona. We also bring you the latest news from the courts with more defeats for Anfi in the High Court with awards totalling over 200,000€.

We begin with a warning of the latest “FAKE” law firm to materialise, Servicios Legales Barcelona. Not a name that can be checked easily on the internet, the reason is that many law firms in Spain use the term “Servicios Legales” in their advertising and websites.

The Home Page of their website, only a link to send an email.

https://servicioslegalesbarcelona.com/

When making a search the list is almost endless with the first main entries being “Ver Empresas Servicios Legales en Barcelona” and “Empresas de Servicios Legales en Barcelona”, which both translate as: “See Legal Services Companies in Barcelona” and “Legal Services Companies in Barcelona”. These are lists of Bona Fide law firms, in none of these lists do we find a law firm called  “Servicios Legales Barcelona” That fact alone gives cause for concern.

This particular “fake law firm” is using a similar method to convince you the potential victim to pay up.

Grupo Logra, which we highlighted at the end of October, is using a non-existent Official Brexit Form to convince you to pay, (link below). This lot is using what they call The Value Proceed Document, another “official” form that does not exist.

https://insidetimeshare.com/the-litigious-abogados-family-strike-again/

Along with this “official form” is sent an invoice, supposedly from the court, but when you actually see it you can tell it is just a fake and probably a word template. See PDF below courtesy of the TCA.

The amount is £2,450, the invoice does not actually state what this payment is for, which must be paid in “Sterling”, but we suspect it is for “The Value Proceed Document”. The biggest problem is where and who the money has to be transferred.

Now considering that the “invoice” is from a Spanish Court, why is the bank account one with the Royal Bank of Scotland, with the account holder being one Patrick Gaughan?

A Spanish Court with a Scottish bank account in the name of a private individual who does not even have a Spanish name, come on, if that alone does not set your alarm bells ringing, what will?

Once again, this highlights how very careful and meticulous you must be before engaging with any company, especially in timeshare, that cold calls you with news of winning a court case of which you had no knowledge, or, that a court has awarded you as a “victim of fraud” a significant amount of money.

If you receive a call out of the blue with any news such as this then please do your homework first. If you require any help in determining the authenticity of the call, then please use our contact page and let us know.

Moving on to the High Court of Las Palmas, Gran Canaria, another three appeals by Anfi have been once again dismissed and rejected by the High Court Judges.

All three cases were originally heard at the Courts of First Instance of San Bartolomé de Tirajana, where the courts ruled the contracts null and void plus the return of the full purchase price.

The first case was also appealed by the client’s lawyers as the initial ruling did not take into account the payment of double any payments made illegally during the statutory cooling-off period. In this case, the appeal judges ruled a further payment of 15,861€ in respect of illegally paid deposits. This brought the clients total payment to 40,016€ plus legal interest and costs.

The second appeal which was dismissed and the original sentence endorsed, the clients were awarded 72,000€ plus a further 40,155€ for illegally taken deposits. This brings the total award to 112,115€ plus legal interest and costs.

In the third case, the original sentence ordered Anfi to repay the client 65,963€ plus legal interest and costs. This amount included double the amount taken as an illegal deposit, which came to 28,000€.

The three clients who hail from England, Norway and Germany respectively, will now have their cases filed with the Mercantile Court to be added to the growing list of creditors. These cases were prepared and executed by Lawyers of Canarian Legal Alliance, the proverbial pain in Anfi’s backside.

The Anfi Resort, the dream of Bjorn Lyng

It should also be pointed out, the one thing we have noticed is the amounts paid by our Norwegian friends for their “membership” to Anfi, they do seem to have paid and purchased more than others. We suspect this is due to the “loyalty and trust” given to Anfi by the Norwegians because of Bjorn Lyng. A trust that has been well and truly destroyed by the controlling group of Sanatana Cazorla.

If you purchased a timeshare membership in Spain since January 1999, you may have an illegal contract, if you would like confirmation if this is so and what your legal rights are, please use our contact page and inside Timeshare will get back to you.

That is all for this week, have a great weekend and remember beware the cold callers and do your “HOMEWORK” first.

Start the Week: Update Fake Law Firms & News from the Courts

Welcome to the start of another week with Inside Timeshare, apologies for the lack of articles last week, this was due to unforeseen circumstances. Over the past few weeks, we have been publishing warnings about the FAKE law firm operating out of Tenerife, known as The Litigious Abogados Family, further information has confirmed that they are all indeed linked and are also linked to scams perpetrated years ago. Last week was also very busy on the courts front, with more news of Anfi appeals being dismissed and also two new Marriott cases ending in favour of the client.

We begin with our Fake law firms, Olmo, Logra and JR Abogados, well these are actually not fake law firms, their names and websites have been stolen and are being used by the criminals to give themselves credibility.

This is nothing new for this lot, we have seen them use Presidents, Ambassadors and eminent Judges among others on their own websites over the years, what is new here is the fact they are using genuine law firms.

Going back to 2016, Inside Timeshare published (click link) Solutions Group, Still Going?

It was the result of information received that they had begun operating again after a time in the shadows. They came under various names, but the one prominent feature was the email address they used,  [email protected] and the website which is no longer operating www.consumeract75.co.uk

Their name began to appear a couple of years after this article in conjunction with our fake law firms. Former “clients/victims” of Solutions Group were contacted regarding “a court case against their timeshare company”, which had been filed with the courts in Tenerife.

The “client/victim” has been awarded ex-amount of compensation and the “new” law firm “instructed” by Solutions Group will get your money for you. Just a matter of some taxes, court fees etc to deal with first.

Our first article showing the link was for CUC Abogados was an update in 2019, (click link) Update: CUC Abogados & Solutions

There was further update in February 2020 where Solutions “claimed” to have won in court (click link) Solutions Claim to Win Case

Full story on CUC Abogados 

https://insidetimeshare.com/?s=cuc+abogados

It has now been confirmed by several readers who have had contact with all three new “law firms”, that it is a result of their initial dealings with Solutions Group, that their case has been taken to court and it is guaranteed you will be paid out. After all, going by all the other “cases” they have won, the timeshare company pleaded “guilty”. Oh, look, a flying pig!

So our conclusion is that they are all one and the same people, or two different groups working together using data from previous scams. Either way, they have your data and will exploit it as best they can so beware of the “wonderful” news you are about to receive in a cold call.

If you have been contacted by these fraudsters and were also a “client/victim” of Solutions Group Tenerife, please get in touch with Inside Timeshare, your information may be useful.

Moving on to the courts, last week the High Court of Las Palmas once again dismissed and rejected appeals by Anfi Sales and Anfi Resorts, against the judgement handed down by the Court of First Instance.

The first appeal involved a Norwegian client, whose contract was declared null and void, with the court awarding 16.030€ in respect of the purchase prices plus a further 22,900€ for the illegally taken deposits. They were also awarded legal interest and legal costs.

The High Court confirmed this original sentence and the case is now back with the lawyers for filing with the Mercantile Court.

The second High Court ruling for the English client is a great result, at their original hearing the Court of First Instance had no hesitation declaring the contract null and void and awarding the client 24,158€ plus legal interest.

Obviously, Anfi once again appealed to the High Court, but so did the lawyers of CLA.

The Court of First Instance had not included the payment of double any deposit taken illegally, which was clearly established by the Supreme Court as a way of sanctioning the timeshare companies.

The High Court agreed, awarding a further 15,861€ and also included legal costs, as for the appeal by Anfi, well, once again it is a loss.

Moving now to Marbella, where the Court of First Instance Number 8, has found in favour of German clients against MVCI Management (Europe) Ltd, MVCI Management SL and MVCI Holidays SL.

The court not only declared the contract null and void, but awarded 23,292€ for the purchase of the contracts plus a further 36,000€ in respect of illegally taken deposits. The client was also awarded legal interest and legal costs.

In the same courthouse but in Court Number 3, the judge declared another Marriott contract null and void and the repayment of 9664€ Plus legal interest.

All these cases were prepared and presented to the court by lawyers of Canarian Legal Alliance, we now wait to see if Marriott once again submit payment to the courts without the need for enforcement.

That is all for today, if you would like further information on your timeshare contracts and you would like to know your rights and options if it is illegal, please use our contact page and Inside Timeshare will get back to you.

Start the Week: Two of our old Friends are Back in the News

Welcome to the start of another week with Inside Timeshare, we ended last week with the latest news from the courts, today we begin with news of another appeal by Anfi being rejected. MacDonald Resorts will also be making a reappearance on our pages in the near future, today however we will give you a brief outline of our readers problems, for many, it will be a very familiar story.

The once respected Anfi

So, yet another frivolous appeal by Anfi Sales SL and Anfi Resorts SL has been roundly rejected by High Court Number 3 of Las Palmas, Gran Canaria. The news of this particular case arrived just after the publication of our Friday article.

The case which involves English clients was originally heard at the Court of First Instance Number 4 of San Bartolomè de Tirajana. At this hearing, the judge ruled that Anfi must repay the client full repayment of 30,883€ plus legal interest and return of their legal costs.

The contract which was also declared illegal and therefore null & void consisted of “floating weeks” that have been deemed illegal as they hold no value or substance. There was also no end date on the contract, so it was what is known as perpetuity. The law clearly states that contracts should be no longer than 50 years in duration and the termination date must be clearly shown.

The court also included in the repayment, double the amount taken as a deposit within the statutory cooling-off period. The point of the “cooling-off period” is to give the consumer the chance to cancel the contract without loss. As most of you will know, the sales process is lengthy and high pressure, the taking of the deposit tends to secure the “deal”, as most will not cancel in fear of losing the substantial deposits paid. This is something the sales teams of all timeshare have used to negate the “buyers remorse”, a term used in timeshare for those who want to cancel.

The High Court unanimously endorsed the original sentence and ordered Anfi to comply with these orders.

This client’s case will now be filed with the Mercantile Court to ensure they are accepted as “creditors” by the court-appointed administrator. This is due to the fact that Anfi Sales and Anfi Resorts have been placed into “necessary bankruptcy” by the Lopesan subsidiary Isla Marina SL. See the link below for the full story.

Once again this case was prepared and presented on behalf of the client by the lawyers of Canarian Legal Alliance.

https://insidetimeshare.com/mercantile-court-orders-liquidation-of-two-anfi-subsidiaries/

The Plas Talgarth Resort, located on the southern tip of Snowdonia National Park

We now move to the upcoming article on MacDonald Resorts, as our regular readers will know, Inside Timeshare has over the years published many articles on the disgusting “business” practices of this Scottish Timeshare Developer. One thing is very clear, they are probably one of the worst operators in the timeshare industry, even the RDO had to remove them from membership!

Our reader first contacted Inside Timeshare back in March, with pleas for help as MacDonalds had already begun to initiate court proceedings using their “legal bloodhounds”, Shepherd and Wedderburn, for so-called arrears in maintenance fees. Something we know that MacDonalds actively pursues even against the elderly and those in distinct financial difficulties. This history of “legal extortion”, as that is what it really is, has been going on for many years as all MacDonald “members” will have seen.

We did highlight this case back in March and it was passed to the BBC Radio 4 program You and Yours, unfortunately, because of the upcoming court case, they were unable to proceed with the program.

The case has now gone to court and we will be bringing you the full story from our reader, who had to give up his employment to become the sole carer for a very ill Father. Below is the initial message our reader sent in.

“In 2013, I signed what I thought was a document allowing me to use a timeshare unit at Plas Talgarth later that year.  As it happens, I wasn’t able to use that holiday, so it was all a waste of time and money anyway.  From then onwards, I have received an annual bill for hundreds of pounds from MacDonalds for a service fee.  I have told them repeatedly that I have never holidayed with them and never will.  I have never paid this fee and now they have taken me to court – even though I’ve never had a single night’s holiday with them!”

Once again we are seeing signs of deception on the part of the sales staff, our reader had no idea he was signing and purchasing a timeshare membership with MacDonalds. Inside Timeshare is working with our reader to ensure the correct information is published.

All that Inside Timeshare can say at this point is you will be horrified at this Nightmare on Timeshare Street.

Link to the last article on MacDonald Resorts.

https://insidetimeshare.com/macdonald-resorts-still-praying-on-the-elderly-and-vulnerable/

If you have any questions on your own timeshare purchase and contract, whether it is illegal and what your options are, either for a claim of relinquishment, then please use our contact page and Inside Timeshare will get back to you.