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Judge Dr Jose Mario Savantes

Friday Roundup

Welcome to the end of another week with Inside Timeshare, today we have a roundup of this week’s articles, news from the courts and a rather interesting item which Diamond Resorts Owners Advocacy Facebook page posted. It has been a rather busy week with some new “claims” companies and “law firms” making an appearance. It also looks as though the law firm Canarian Legal Alliance has had some great results for their clients this week.

First, we begin with yet another “fake” law firm to rear its ugly head in an attempt to lure timeshare owners into paying thousands for non-existent claims and lawsuits.

On Monday we published information on Suarez and Simpson, supposedly based in Málaga and targeting ex-Club Class members. The wonderful news is their claim has now been settled by the Málaga courts with His Honorable High Judge Dr Jose Mario Savantes presiding.

Not bad considering there is no record of this “law firm” or any cases against Club Class, it is also a fact that their website was only registered on 30 June 2020 and is registered for only 1 year. Yet, they show several “wonderful” testimonials from very grateful clients!

This “fake” law firm can also be linked to another highlighted over the past weeks, Morales Maxwell. The reason we believe they are linked is the Modus Operandi, the documents they produce and also they name the same Judge, His Honorable High Judge Dr Jose Mario Savantes.

It has also been pointed out by the TCA that both websites appear to have been cloned from a genuine law firm called Carbray Abogados, this law firm was founded in Barcelona in 2007 by Damián Carmona and is duly registered as a company with CIF: B65367575.

We then identified yet another new cold calling “claims” company operating out of Tenerife, Demi-Guni SL. Again, the website was only registered on 13 May 2020 and is registered for only 1 year due to expire on 13 May 2021.

As we stated in our articles, could this be another “fake” claims company or could they actually be genuine and just jumping on the bandwagon? With the website only just having been registered and for only 1 year, does not instil any confidence.

https://insidetimeshare.com/another-dubious-company-lawyer-emerges/

https://insidetimeshare.com/demi-guni-sl-update/

We now move on to the latest results from the courts with news from Canarian Legal Alliance.

On Monday 20 July, the High Court of Las Palmas, Gran Canaria, dismissed another two appeals by Anfi against rulings made by the Court of First Instance, San Bartelomé de Tirajana. Once again the High Court fully endorsed the rulings that the contracts were illegal confirming them to be null and void.

The clients from Norway and Denmark were assisted by the CLA Claims Consultants Jasmin Erhard and Michael Gadman with the case being prepared and presented by the Lawyer Miguel Angel Melian Santana.

The clients are now set to receive over 87,000€ plus legal interest.

On Tuesday 21 July, another Danish client was awarded over 17,000€ with their contract being declared null and void.

This case was against Holiday Club Canarias Sales and Marketing SLU and took just 8 months from the case being presented and the court declaring the contract null and void, ordering Holiday Club Puerto Calma to repay the money.

The interesting point is there was no appeal, no delaying tactics and within 4 months of the case the money has now been deposited into the accounts of the CLA Barristers ready to be paid out to the client. A very speedy result indeed.

On the same day from the Courts of First Instance of SBT, another two Anfi clients had their contracts declared null and void with Anfi being ordered to repay in full their purchase price including legal interest.

The Lawyers of the CLA Execution of Sentence Team have already filed a provisional order of execution in order to stop Anfi from “redistributing” funds in order to avoid payment. It is expected that Anfi will appeal this sentence as they use this tactic to delay paying. Although it is their right to lodge an appeal, given the attitude of the High Court it is more than likely the High Court will once again dismiss the appeals and confirm the sentence of the First Court.

The Norwegian and Swedish clients were assisted by Michael Gadman, Claims Consultant and the case being prepared and presented by the Lawyers Eva Gutierrez and Himar Iglesias Perez.

The following day 22 July, it was the turn of Silverpoint Vacations SL to have their appeal at the High Court of Santa Cruz de Tenerife dismissed. The High Court upheld the decision of the Court of First Instance of Arona that the contracts were null and void and the repayment of over 17,000€ plus legal interest to the English Client. CLA will now submit the case to the Mercantile Court for the recovery of the funds.

The clients were assisted by CLA’s Claims Consultant Jake Kaiser with the case being prepared and presented by the Lawyer Oscar Salvador Santana Gonzalez.

Yesterday, 23 July, in another case at the Court of First Instance of SBT, another Anfi client had their contract declared null and void with the court ordering the repayment of 32,473€, which includes double the amount of the deposit paid within the statutory 14 days cooling-off period. They have also 

They have also been awarded legal interests and their legal costs which will increase the amount they will receive, with yet another provisional execution order being prepared. No doubt we will see Anfi lodging yet another frivolous appeal in order to delay payment.

The client was assisted by the Claims Consultant Michael Gadman with the Lawyers Eva Gutierrez and Aroa Farray Martin preparing and presenting the case.

Once again this is good news for clients who are waiting for their own cases to be heard.

The Diamond Resorts Owners Advocacy Facebook page posted an article from the Washington Post published in October 2019, this article reported on the losses his organisation made on their two golf courses located in Scotland during 2018. It also mentions the case which President Trump (Mr Trump at the time) brought against the Scottish Government over plans to construct a wind farm off the coast of Aberdeen, which is where his golf courses are located.

The Trump organisation lost that case and was ordered to repay over £200,000 in court costs to the Scottish Government. The Trump Organisation refused to pay it and as far as we are aware this still has not been paid.

This, unfortunately, is to the cost of the Scottish taxpayer, in our mind, this is not right and this should be paid. The sad thing is it seems to have been forgotten but Inside Timeshare publishes these following links so you the reader can see the full story.

The Washington Post

https://www.washingtonpost.com/politics/losses-deepen-at-trumps-scotland-properties-new-financial-reports-show/2019/10/08/08ddf890-e9d4-11e9-bafb-da248f8d5734_story.html?fbclid=IwAR1nIruV3A6bsY6a-LhnK1cCrDqiLloGswPF0aey7MY67qWeqh315gpx6B4

Quartz (qz.com) 2018

https://qz.com/1291269/the-scottish-wind-farm-donald-trump-tried-to-block-is-now-complete/

The Guardian 2019

https://www.theguardian.com/us-news/2019/oct/08/trump-organization-rejects-legal-bill-after-losing-windfarm-court-battle

The Independent 2019

https://www.independent.co.uk/news/uk/home-news/trump-scotland-wind-farm-fight-payout-golf-course-a9201096.html

Well, that is all for this week, we hope that you all have a great and safe weekend. Do join us again next week for more on the murky world of timeshare and please remember

DO YOUR HOMEWORK BEFORE ENGAGING WITH ANY COMPANY!

Start the Week: Yet Another Fake Law Firm Emerges

Welcome to the start of another week with Inside Timeshare, we start this week with yet another new “Fake Law Firm” which has come to our attention, Suarez and Simpson. But, there is something familiar about them which cannot just be a coincidence, it is the Modus Operandi and the documentation which they use. Once again, this “Fake Law Firm” is targeting ex-Club Class members, but how long before they begin to target other timeshare owners and members of now-defunct “Discount Holiday Clubs”?

On 24 June, Inside Timeshare published the first warning to readers of the “Fake Law Firm” Morales Maxwell, who began targeting clients of Eze Group. According to Morales Maxwell, a recent court case in Málaga had found Eze Group guilty and seized sizable assets on behalf of clients in excess of £20,000 per client. But in order to release this money, a fee of around £2,400 was required.

In “fake” documents sent by Morales Maxwell they name the Judge who presided over the trial, His Honorable High Judge Dr Jose Mario Savantes, as yet we have not been able to verify if this is indeed a real judge whose identity has been illegally used or if he is just a fake name.

In this latest incarnation, the same judge has been named, which obviously leads us to believe that this new “Fake Law Firm” Suarez and Simpson are the same people as Morales Maxwell, as they are using the same format for the documents and also the name of the presiding judge His Honorable High Judge Dr Jose Mario Savantes.

Their website:

https://suarezandsimpson.com/

Was only registered on 30 June 2020 and is due to expire on 30 June 2021, again only registered for one year. Yet according to the “Testimonials”, it appears they have been around much longer.

The registrant of the website is also hidden which is usually a good indication of a scam operation.

So far no company registration has been found either in Spain or the UK, but according to the “court” document the “prosecution lawyers from Suarez and Simpson” work under “autonomo” which is self employed. This may just explain why there is no company registration.

There is also no mention of who the lawyers actually are or any bar registration numbers on the website.

The address given is:

Planta 2 2A 79 Calle Carreteria Malaga 29008 does exist although anyone familiar with Spanish addresses will spot that the order is incorrect.

Their telephone number is 0034 951 667 450

The email addresses they use are:

[email protected]

[email protected]

[email protected]

The email (below), signed by Megan Lowe, explains that the courts have been working on skeleton staff due to the CoronaVirus. But she is pleased to inform the client that their settlement offer has been finalized at £21,850.

It also goes on to say “Please do not hesitate to contact the Court of Malaga Maria Rodriguez on 0034 604 189 749. This is a Spanish mobile telephone number and is not likely to be used by any court or court official for any official business.

Along with the email, there was a “court” document signed by Judge Savantes and the Duty Registrar Maria Ramirez. (seems to be a lot of Maria’s).

As well as explaining the “lawyers” work under autonomo, the document states that the “accusations of fraud by way of deception, gross mis-conduct and missold product/services were brought to the Tribunal Superior de Justicia Sala de lo Social de Málaga num 1 by the Spanish Securities Market Commission by (name and address of the client)”.

It then goes on to say that the Tribunal Superior has awarded compensation in favour of the client to the tune of £21,850, not including reimbursed costs and compound interest. This is dated 10 March 2020.

The address given on the “fake” document from the court is:

Avenida de Manuel Augustine Heredia 16 29001 Málaga.

With the telephone numbers:

0034 951 04 55 50

0034 604 103 308

Again the last number is a Spanish mobile.

Below is the PDF of the “Fake” court document.

According to information supplied by our reader who became suspicious and began a search, finding our previous warnings on Morales Maxwell, he was told that the money is being held by ITI in London. If he did not respond within 5 days, the money would be returned to Spain!

Now that is putting on the pressure to pay!

So far Inside Timeshare has not found any firm using the initials ITI in London who would be involved in holding any money from Spanish courts.

Now one of the points which aroused our reader’s suspicions was the fact they had never instigated any legal action through the court and had never taken on the services of any lawyer. So again the question is if this case was genuine how was our reader named as one of the accusers?

This is a very valid point, unless you have personally instigated legal action, how did they have the clients details?

Obviously somewhere along the line, these people have managed to get hold of protected client data. Our guess is they either worked for Club Class and stole the data, or they have purchased it illegally from an ex-employee.

Another point which our reader found very strange was that they called one of the numbers and explained that they would be travelling to Málaga in the very near future. They offered to attend the office of Suarez & Simpson to discuss the matter and pass on all their documents.

The response was not surprising, the person told them that would not be possible due to the restriction imposed by the CoronaVirus.

Now if that does not raise your suspicions, I don’t know what would!

Once again, this is a very good example of why you need to be extra vigilant when receiving cold calls or unsolicited emails. This also holds true for any company that you may have found on the internet when looking to exit your timeshare or reclaim money for mis-sold timeshares.

If you have received any calls or emails from Suarez & Simpson, Morales Maxwell or any other “dubious” company or law for, please use our contact page and let us know. Inside Timeshare will also help you to research these companies to check if they are indeed genuine or fake, this service is provided free of charge and without any obligation.

Keep your money safe and do your HOMEWORK!

If not you lose!

Previous articles on Morales Maxwell:

https://insidetimeshare.com/eze-group-clients-being-targeted-jsd-update/

https://insidetimeshare.com/its-friday/

https://insidetimeshare.com/start-the-week-more-from-morales-maxwell-and-the-jsd-group/

https://insidetimeshare.com/end-of-week-roundup/

https://insidetimeshare.com/start-the-week-31/

End of Week Roundup

Welcome to the last article for this week and what a week it has been, our email inbox has once again been busy with enquiries from readers trying to find out about companies that have cold-called them. Thankfully most are ones we have highlighted on these pages in the past with some new information which clearly points to a scam. Before we begin the roundup of this week’s news we begin with some new information about the “fake” law firm Morales and Maxwell.

Morales and Maxwell first came to our attention in mid-June, they appear to be targeting Eze Group members stating that the Málaga Courts have seized assets of Eze Group and there are substantial amounts of money being awarded by the courts to their clients.

These are quite substantial amounts all around £20,000 plus, but as usual, there are fees of around £2,400 which need to be paid to allow the courts to release the funds. Clients are being given a Spanish Mobile number which is supposed to belong to the Málaga courts to verify the facts. Well, we do know that the courts will not be using mobile telephones for this type of enquiry.

It has now transpired that Morales & Maxwell are now sending a document supposedly from the Oficina Judicial de Andalucia, very strange indeed considering the courts are part of the Ministry of Justice which is a National Government Ministry. We at Inside Timeshare have never seen any document like this in all the years we have been running.

The document is attached below as a PDF file, so far we have not been able to identify the Judge, His Honorable High Judge Dr Jose Mario Savantes, or if he is indeed genuine and as usual his name is being used without his knowledge. More information will be published as and when it is available.

Previous articles on Morales Maxwell.

https://insidetimeshare.com/eze-group-clients-being-targeted-jsd-update/

https://insidetimeshare.com/its-friday/

https://insidetimeshare.com/start-the-week-more-from-morales-maxwell-and-the-jsd-group/

On Tuesday we reported on the Tenerife fake law firm Torcaz Abogados, yet another incarnation of the Litigious Abogados Family we have reported on over the last 4 years. This article highlighted the same Modus Operandi as the previous incarnations right down to the “stolen” cheque from the post by a gang of “Bulgarians”, and the investigation and questioning of the post office staff as the “law firm” claimed it was an “inside job”.

The envelope with a letter from the court which the cheque issued by the court was missing.

You can read the full story on the following link:

https://insidetimeshare.com/torcaz-abogados-the-case-of-the-missing-cheque/

On Wednesday we highlighted the continuing story of Mark Rowe and his companies and that one of them of which he is still director Lansdown Financial Ltd is now the “Trading Name” of Mellor Solicitors. A relatively new law firm only registered on 19 June 2017, and supposedly doing the “claims” for Mark Rowe’s previous clients of ABC Legal & ABC Lawyers whose claims were then passed to Lansdown Financial. The full story can be read at the following link.

Mark Rowe

https://insidetimeshare.com/mark-rowe-lansdown-financial/

On Thursday a breaking news story was published titled “Uncovered: Anfi Attempts to Avoid Embargoed Accounts”. This article highlights the tactics being employed by Anfi to divert funds from Spanish accounts that are or may be subject to embargoes by the Spanish courts.

Although the beneficiaries of the payments are Anfi, these accounts are with banks in the UK, Germany, Denmark and elsewhere. Inside Timeshare has in the past published many stories on the Anfi practice of diverting funds between accounts in order to delay or prevent payment to clients who have won their cases. This story is likely to come to the attention of the Spanish press who are very keen to publish when it does Inside Timeshare will bring you their findings.

The full article can be seen at the following link.

https://insidetimeshare.com/uncovered-anfi-attempts-to-avoid-embargoed-accounts/

We now move on with the latest news from the courts this week.

On 30 June yet another sentence was issued against Anfi Sales SL and Anfi Resorts SL, by the Court of First Instance No. 4 of San Bartolomé de Tirajana GC.

The court declared the contract null & void due to the duration of the contract being for more than 50 years, containing floating weeks and the illegal taking of deposits. The court, in this case, awarded the client 102,427.91€ plus legal fees and legal interest. This is a whopping 30% more than his original purchase price.

The Norwegian client was represented by Aroa Cathaysa Martin of CLA, so another happy ex-Anfi timeshare owner and another victory for Canarian Legal Alliance.


Aroa Cathaysa Martin

On the first day of the month in another case at the High Court of Las Palmas (appeals), CLA won on behalf of another Norwegian client against Palm Oasis Tasolan.

The appeal was brought by Palm Oasis who lost at the Court of First Instance, with the High Court dismissing the appeal. They confirmed the sentence of the lower court which declared the contract null & void and awarded over 22,000€ back to the client.

The client was represented by the CLA lawyers  Miguel Angel Melian Santana and Oscar Salvador Santana Gonzales, so it is congratulations to the client and also to CLA and their legal team.

These cases do show that the courts are now firmly behind consumers of timeshare and are following the law to the letter. It just amazes us that the timeshare companies still refuse to accept that their contracts are illegal and that the Supreme Court has interpreted the law incorrectly and continue to drag the case out with frivolous appeals.

On the point of the fake law firms and dubious claims companies, it is very important that you do your checks before believing what you are told on a cold-call or engaging their services. If you do not want to lose any further money then

DO YOUR HOMEWORK.

Have a great weekend and join us again next week.