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Incentive Leisure Group

Update: CUC Abogados & Solutions

Further information has been received by Inside Timeshare from another one of our readers regarding the supposed claims made by Solutions SL against Incentive Leisure Group and Personal Travel Group. According to the correspondence they have received once again CUC Abogados one of the new incarnations of the “FAKE” law firms of the Litigious Abogados Family is again implicated.

In the first letter dated on 21 August 2019 and signed by Amelia Inara Calibar on behalf of Solutions SL, our reader’s case after a “lengthy procedure” has been concluded and the sum 32,000€ has been awarded as “compensation”.

The letter goes on to explain that it is usual in these circumstances to appoint a “collection agency” which they liken to a “Bailiff” in the UK to enforce the judgement. It goes on to say that the “collection agency” is there to ensure that “you as an individual are paid out before other claimants”. Apparently, this “agency acts as a mediator between the client, the courts and the defendant’s lawyers.

The next paragraph goes on to explain “The collection agency has the legal status, supremacy and pre-eminence to demand that the Courts proceed to liquidate company assets and also the company directors’ personal assets and bank accounts if need be”.

Well, I wonder how they are going to do that?

As we know the director was Gary Peter Leigh and he was killed in a cycling accident in Marbella in 2010 and his companies had also been wound up in the UK in 2011.

The next letter signed by Julia Garcia from the collections department of Solutions explains the payment plan that has been put into place. That the claimant should also submit a request to the court to “query the state of your pay-out”, this should be done every three months. It then goes on to say that “you may wish to employ the services of a para-legal for a nominal fee”, this paralegal will attend court on behalf of the claimant to submit the “appropriate requests”.

There then follows several “fake” court documents to back up these claims.

Enter CUC Abogados, they are the “collection agency” supposedly appointed and endorsed by the court to “enforce” the payment, but for this, there is a fee of 1,920€. This letter explains that they are affiliated to several “prestigious” bodies such as the Fiscal Economists Advisors Register (REAF) and also claim to have the “status of Social Collaborator” to the Agencia Tributaria or tax office.

The letter is signed by David Lomerz Utierras from the Departmento De Recaudación, there is then a separate page which gives the details on the bank account to have the money transferred to:

Bank: LaCaixa

Address: Av Menceyes 15 3820 S Cristobal La Laguna Tenerife

IBAN: ES73 2100 6745 4602 0013 1211

BIC: CAIXESBBXXX

Beneficiary: David Lomerz Utierros

Address: Edificio Percy Plaza De Candelabaria 38002 Santa Cruz Tenerife

Telephone: 0034 822 680 798

Inside Timeshare is just wondering how this bank account has been opened, the name does not look genuine and who in their right mind would open up a bank account for a fraud such as this in their real name? That leads us to believe that false and forged documents such as passports have been used.

As usual, Inside Timeshare warns all our readers and all timeshare owners that these type of “fake” law firms and claims companies are on the increase. Court documents can be easily forged and unless you are very familiar with these types of documents, you can easily be fooled into believing they are genuine.

If you have been contacted by any company and received documents that may look genuine, use our contact page and get in touch, Inside Timeshare will help you to find the truth.

Once again

DO YOUR HOMEWORK 

The Mid Week Report: Platinum Services and Administration SL

Back in October 2018, Inside Timeshare reported on a company going by the name of Litigation Services SL, they were contacting former clients of Incentive Leisure Group (ILG) who marketed Designer Way Vacation Club (DWVC) and members of Club Class. According to Litigation Services, they could get back money paid for these memberships.

Recently a new company has emerged, Platinum Services and Administration SL, Company Registration Number B93650307, with the address Calle Lope de Vega 60 29631 Benalmádena Málaga.

Telephone number: 0034 951122027 and 0034 951122320

The registered Director is named as  Calle Guden Daniel Ernesto who incidentally is also the registered director of Litigation Services SL.

Once again they are targeting ILG / DWVC and Club Class members for a no win no fee claim to get them their money back. One small snag though, there is an upfront commission charge of 10%, so does this mean they already know how much the client “will” be getting back?

There is a website, registered on 14 November 2018 and set to expire on 14 November 2019, not really confidence building. The registrant is Litigation Services SL, so that does lead us to believe they are the same outfit.

http://www.platinumservicesandadministration.com/

It must also be pointed out that it is not a secure site, it is also identical to the website of Litigation Services SL.

http://www.litigationservices.es/

Both websites also show two methods for payment, Klik & Pay and PayXpert.

They also both show the name of their supposed lawyer JLC Legal Services, with a registration number from the Ilustre Colegio de Abogados de Malaga 6956. There is indeed a lawyer with that registration number by the name of Jose Lara Cabello with the address Av de la Estación 29631 Arroyo de la Miel  Benalmádena Costa Málaga. His office is located just opposite the train station in Arroyo de la Miel and has been there for many years. Incidentally, this lawyer was also named by another fraudulent firm called Greenges 2005 SL back in 2014.

It is more than likely that Jose Lara Cabello is not even aware that his registration number is being used, as there is no registered company called JLC Legal Services.

So once again we see another new “company” targeting people who had previously dealt with two companies which are no longer in existence, with the promise of getting them their money back. As these companies no longer exist it does make you wonder how they are going to get back the money paid?

As usual, the warning is very simple, before believing anything you are told in a cold call, do your homework. Check the companies out, if you don’t know how then use our contact page and Inside Timeshare will help you do the checks.

Another word of warning is the payment method, even if you use your credit card to make the payment, you will not be covered by Section 75 of the Credit Consumer Act 1974. The two payment methods are considered third-party companies, therefore no direct payment is made to the company offering the service and your card company will not reimburse you when the service is not delivered.

The Changing Face of Timeshare Scams

Today we look at how timeshare scams have changed over the years, from the original sales to resale, holiday clubs and now for claims. You will be surprised at how they have developed, we will also give you some useful information on what to look for when either searching the web or being contacted.

When timeshare was first being marketed on a large scale during the 1980’s and the boom years of the 1990’s the most common scam was known as the “hole in the ground”. This is where the unsuspecting tourist while on holiday was picked up off the street by the touts with the scratch cards, taken to a resort with a sales deck and subjected to a rather lengthy presentation.

Nothing new there, the difference with this presentation was that the resort the potential client was at, was not what was being sold. That resort had not yet been built, it was in the planning stage, the client was being offered to buy “off-plan”.

off plan

These apartments and weeks would be sold at a discounted price, for example a studio may go for around £2,500, much cheaper than the ones on the resort they were visiting. Many signed up for these timeshares, only to find out later that the resort was never actually built, the marketing company had disappeared along with their money.

It was then towards the end of the 1990’s that the resale market began, many timeshares were sold on the basis that they were real estate, you were buying a portion of the bricks and mortar, so it would go up in value.

One of the early resale scams was started and run by the infamous Toni Muldoon from the Costa del Sol. He had a string of companies, one was known as Platinum Properties.

The scam played on greed, owners would be cold called and asked if they had thought about selling their timeshare. The pitch was very simple, there is a shortage of new timeshares and the prices of second hand ones was increasing due to demand.

The unsuspecting owners would be asked what they owned and what they had paid, the callers would then explain that those were in high demand and fetching very good prices. For example, an owner would say they paid around £5,000 for theirs, yes you guessed it, they would be told that those were now going for about £7,000 on the resale market and going up in value.

Now for only £1,500 Platinum Properties would list this for you, if they were not able to sell this within the 12 months of the contract, the deposit would be returned. That deposit would also be returned once the sale had gone through, as the buyer would pay all the costs. Many took up this offer and that was the last they ever heard from the company again.

Eventually Toni Muldoon was caught and received a 2 year sentence which was then suspended, he was eventually jailed in the UK for other non-timeshare related scams and has been release on parole. He has now set up 2 websites, one relating to timeshare (claims) the other called Scam-Busters. The question is can a leopard change its spots?

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His business became the model for all the other resale companies that sprang up during the early 2000’s.

The next incarnation of the resale scam was the classic “bait and switch”, this is where the client was told they had a buyer for the timeshare, usually a “corporate buyer”. All the seller needed to do was visit the resale office on the Costa del Sol or wherever and attend a meeting with the buyer.

But, there was no buyer, the meeting was a presentation for one of the new Discount Holiday Clubs. These were the  new way to holiday, free from the yearly and rising costs of maintenance fees. The pitch was they would take over your timeshare leaving you maintenance free, but to do this you had to buy a membership to their club. Again these varied in price depending on the length of the membership.

Those prices were obviously inflated, as they would then give a massive discount to take into account the price of your timeshare. For instance, the owner would be told that a 10 year membership would cost £15,900 but they would give you £6,500 for the timeshare, leaving the cost of membership at £9,400.

Another twist to this was the cashback scheme, this was a voucher made out for a large sum to cover the cost of the timeshare plus some of the membership fee, that had to be registered and in 36 months or so you would go through the reclaim procedure and receive at least 75% of the certificate value.

cashback

Incentive Leisure Group and their Designer Way Vacation Club along with Club Class Concierge were the major players in this particular scheme. Both eventually were wound up by the UK authorities.

The next system to emerge was based on the above, this time they were leisure credits, which “could” be used to get discounts on all sorts of goods and services, not just holidays. The same tactic was used, get the client to a meeting and the only way to get out of the timeshare was to purchase the leisure credits and join our scheme!

The most well known are EZE Group, whose owners are awaiting sentence at Birmingham Crown Court and Monster Credits. The latter is now under investigation by the Police after raids by Trading Standards.

We now move to the latest in this long list of innovative frauds, the claims business.

Since the first Supreme Court ruling in March 2015, these have mushroomed, they take on many various forms, from fake law firms to claims management companies.

The pitch varies from firm to firm but one thing is clear, everyone has a case and can claim!

The most sophisticated fraud is one Inside Timeshare has been following for over 2 years, the group of “Fake” law firms we have called the Litigious Abogados family operating out of Tenerife.

Theirs involves clients being told the case has been filed and they can be part of it, all they need to do is pay a certain amount and they will be included in the case being heard within the next month. All the documents look very convincing, even down to very good fake court documents. For more on this search for Litigious Abogados.

There are also many firms operating out of the UK, these are offering “no win no fee” claims, but in order to do this you need to have your timeshare contract cancelled, known as relinquishment. This involves a fee, this can be anything from £4,000 to £8,000 depending on the company. (Beware of this, many have found that after 3 years or so they end up getting demands for maintenance arrears).

sec 75

Once you have paid for the contract to be cancelled, then they will file a claim on the “no win no fee” basis. This does not involve a court case, (once your contract has been cancelled, you cannot take the case to court), it is a Section 75 under the Credit Consumer Act 1974. As you can imagine this is not going to work, the credit card company will deny the payment stating that you have had use of the product and therefore are not eligible.

Section 75 covers, not received the goods or services paid for, company has gone bankrupt, fraudulent transactions. This would not cover the misselling of timeshare, the contract can only be declared illegal in a court and at present the laws only apply to timeshares purchased in Spain.

Now, it can be very difficult to decide which company is genuine and which is not, this is where you need to do your homework.

Some very basic tips are, how long has the company been registered, this can be found out by doing a company search, this will also tell you if they have changed name. If the company has only been registered for say 1 year, then how do they account for their claims of helping hundreds of people, especially if they have testimonials dated several years before they were registered. Also just because a company has a registration, that does not prove they are genuine, anyone can register a company for very little outlay.

Another factor is the officers of the company, the director and secretary, these may be just front people, not the actual owners of the company.

What about the website? Who is it registered to and when was it registered?

whois

Some websites are registered under privacy registrations, these are using a privacy company to register the site for the person. This should set the alarm bells ringing, what have they got to hide?

Payment methods is also a very useful giveaway, any genuine company should have credit card facilities, at least that way you are covered if anything does go wrong. Do not use your card via any method such as PayPal, this is a third party and invalidates your rights under Section 75.

Companies using only bank transfers should be viewed with caution, especially if the transfer is to be made in the name of a private individual. Steer well clear of any company that asks for payment by any other means such as Western Union.

These are just the very basic rules, if in doubt do not do anything, if you require any help in checking the validity of any company that contacts you or one you have found while searching the internet, contact Inside Timeshare and we will point you in the right direction.

Remember do your homework and keep your hard earned cash safe!

homework