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Litigious Abogados Family

End the Week: News from the Courts and the Latest on the Hellenic Scam

It is the end of another week and today we bring you a roundup of this week’s court news with more results against Anfi in Gran Canaria, a payout for a Palm Oasis (Tasolan) client and the Malaga Courts finding against Club la Costa. We also bring you the latest information on the Hellenic Republic Ministry of Foreign Affairs scam coming out of Greece. Following on from our report on Global Timeshare Legal Experts on Monday, our friends at the TCA also covered this story on Wednesday. As we stated in our article not only has this company used cases from CLA but they have also used cases from M1 Legal based on the Costa del Sol, claiming that they are their cases. They also backed up our findings on the Dubai office and that they are not known in the building. Certainly does not look good.

Back in January 2020, we highlighted a scam that came to our attention originating from Greece and using the name “Hellenic Republic Ministry of Foreign Affairs”. We also brought updates in March 2020 and June 2020, (see links to the original articles below).

Today we bring you an update that is very disturbing and also gives Two new names to add to the growing list being used by these scammers.

Our reader was contacted by the usual “cold call” informing them that a company they had dealt with some years ago which was also a scam and is also known to us as Solutions Group (Tenerife) and is also working with the fake lawyers from the Litigious Abogados Family.

According to the caller who claims to be working for the Greek Supreme and Civil Courts, explained that her case (which they had no idea she had instigated) had found in their favour and she has been awarded £11,920 in compensation.

Great news and an unexpected windfall, but as usual there is a catch.

Our reader then received a letter via email informing them there is a payment that needs to be made to release the money which is being held in trust. This was followed up with an email confirming the details of the account and the name of the Beneficiary. The letter does have a name but it is written in Greek. We converted the PDF document to word to copy the name into translator, but the signature and the name is actually an image file, the email is signed by one Georgios Argiris or in Greek, Γεώργιος Αργύρης which is not the same as the signature.

Now it is the payment details that does show this is an out and out scam.

The payment is to be made to Ivanova Plamena, doesn’t sound very Greek to me, it also gives the following details:

Date of Birth: 16/07/1980

Email address: [email protected]

Postal address:  106 Akti Moutsopoulou Piraeus 18535 Attica

Telephone: +30 698 199 1100

Again there is another indication this is a scam, the Email address, it is a free Gmail account. So along with this along with the fact, the payment is made to a private individual and not any of the official authorities clearly shows this is a “FRAUD”.

Once again this really does show how diligent you must be, don’t be blinded by the sudden “windfall”, no matter how excited you might be to be receiving a large sum of money.

Now we move to the courts and these are genuine cases instigated by clients of Canarian Legal Alliance.

The first case involves our old friends at Anfi and a Swedish client, They have now received into their own bank account the sum of 31,302€.

The original sentence by the Court of First Instance declared the contract null and void and the court ordered the return of the money. As usual, Anfi decided to play the stalling tactic by appealing the decision to the High Court. But as we have seen in all these appeals the High Court rejected it and confirmed the original sentence.

In the meantime, the lawyers from CLA placed the usual “provisional execution order” and received a bank guarantee. This means that the bank itself physically blocks any movement of these funds during the appeals process.

Then on Tuesday, German clients had their contract with Palm Oasis (Tasolan) declared null and void with the return of 12,659€ plus legal interest by the Court of First Instance of San Bartolomè de Tirajana.

Going by their usual practice CLA applied to the court for a “provisional execution order” until the procedure is concluded if the company lodges an appeal with the High Court.

In this case, this was not actually required as Palm Oasis (Tasolan) paid the money VOLUNTARILY into the court. This was then released directly to the client’s own personal account.

Anfi, take note.

Wednesday brought news for a Norwegian client against Anfi, the Court of First Instance of SBT, declared their contract null and void, awarding 53,029€ plus legal interest and legal costs.

In this case, the client took out Anfi’s own finance package, this came with a huge interest rate of 11.5%, which the court ordered Anfi to repay.

The breakdown of the payment is 43,838€ for the purchase, 6,188€ for the interest and 3,003€ for the illegally taken deposit.

No doubt Anfi will not be following the example of Palm Oasis and we expect they will lodge another frivolous appeal with the High Court.

We now move to the Costa del Sol and the Court of First Instance of Malaga and a case against Club la Costa, the companies named in the case are:

Woolwich Investments SAU

Club la Costa Resort Management Ltd

Club la Costa Vacation Club

The court declared their contract null and void with the return of 53,593€ plus legal interest.

The amount was calculated by the court as 24,972€ plus an additional 32,981€ which is double the amount taken illegally as a deposit within the Statutory cooling-off period.

The courts are certainly all following the rulings of the Supreme Court and in the case of Club la Costa, the High Court of Malaga regarding the jurisdictional issue.

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

Hellenic Republic Ministry of Foreign Affairs pats articles

https://insidetimeshare.com/hellenic-republic-ministry-of-foreign-affairs-the-latest-eze-group-scam/

https://insidetimeshare.com/update-eze-group-scam-coming-from-greece/

https://insidetimeshare.com/hellenic-republic-ministry-of-foreign-affairs-monster-clients-targeted/

End the Week

Welcome to the last Friday of January and what a month it has been, we began the year with the news of several Club la Costa sales companies going into liquidation, news that has been seized upon by some of the less reputable companies that have emerged. According to our readers, they have been told that it is Club la Costa itself that is going into liquidation and they will lose their timeshares. Well, nothing could be further from the truth. It has also been a very bad and expensive month for Anfi. They have consistently lost all cases in the Court of First Instance, lodged appeals with the High Court, only to have them dismissed and rejected. They have also been forced to pay out to clients, who now have the money secured in their own accounts.

On 6 January, while Spain was celebrating Day of the Kings, we received news of a very important case against Diamond Resorts in the Court of First Instance in Fuengirola. The case centred around jurisdictional issues of the contract.

As we have explained before, many timeshare companies like Diamond and Club la Costa have a clause in their contracts which claim that the contract is subject to UK law and the jurisdiction of UK courts. Even though the purchase was made in Spain, deposits paid in Spain and the contract signed in Spain, thereby denying the legal rights afforded to consumers under Spanish law.

As with the other jurisdictional cases including those of Club la Costa, the court ruled as per the judgements of many High Court hearings, that Spanish law and courts take precedence and do have full jurisdiction. This is a blow to the timeshare companies who have used this to “escape” the strict regulations governing the sale of timeshare.

It should also be pointed out at this point, that this is also a breach of the “Code of Conduct” laid down by the trade body the RDO, whose code clearly states:

“To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

It doesn’t get any clearer than that.

We then began our series of articles about the ongoing battle between Azure clients, Barclays Partner Finance and the Financial Regulation Authority. This is around the loan agreements brokered by Azure, who for almost two years was not “authorised” to broker these loans.

As part of this series, we published the personal story of one family and how they ended up being sold a timeshare by Azure with so many false promises and the ubiquitous BPF loan. The story follows the problems this has caused especially with the passing of one of the partners. The article is called The Story of Smoke and Mirrors.

We also brought you news from around the courts in Spain, with some rather good results from two law firms and one independent lawyer.

The cases ranged from First Instance trials, appeals to the High Court, Jurisdictional issues and then embargos to force payments. All in all, it was an expensive week for timeshare.

There was also a visit to articles published by the TCA, the first was on the confusion around the Club la Costa liquidations, which has been extensively covered by the TCA and Inside Timeshare. They also published another scathing article on the timeshare industry, this time regarding the availability at Diamond Resorts through independent booking sites.

Again this is a subject that Inside Timeshare has covered, not just for Diamond but all the major timeshare resorts. The fact that non-members are able to book at these resorts, usually cheaper than members pay in maintenance fees, plus without the huge initial outlay to join, is, to say the least totally unfair.

We then ran two articles on the timeshare industry, focusing on the replacement for TATOC, to “represent” timeshare “owners”, this is called EUROC, European Resort Owners Coalition. The articles asked the question “do they actually represent you the members”? The answer to that we leave you to decide, we know what our answer is.

We then published an update on Themis Resolution, a “company” which does not appear to be registered either in Spain or the UK. Certainly doesn’t look good.

Then for our friends across the pond, we issued a warning on a scam operating out of Mexico, the Modus Operandi is very similar to a previous one and also mirrors that of our friends the Litigious Abogados Family.

We then continued to look at the RDO and EUROC with Timeshare Industry Denies the Truth.

In this article, we looked at one of their own members, our old friends at Anfi. It highlighted the breaches that this company has made in not just Spanish timeshare law, but also against the Code of Conduct of the RDO. It also asked the question, why this organisation does not “sanction” their members for these breaches? Again we leave you to make up your own mind, we know what we think.

We end this week with the happy news for one English client who won their case at the Court of First Instance against Anfi. Then to find that Anfi had as they always do to delay proceedings had lodged an appeal with the High Court.

While this was going on the “provisional execution order” had been put into place, this resulted in money being secured from an embargo against a tax refund that was due to Anfi.

The client who was represented by Canarian Legal Alliance has now received over 11,000€ into their account and are also timeshare and maintenance-free.

That is it for this week, we hope that you have enjoyed reading the articles and we welcome your comments and views. Join us again next week for more in the murky world of timeshare.

Have a great weekend.