Browse Tag

Mark Rowe

The Tuesday Slot

Welcome to The Tuesday Slot, this week we have another in our series of Secret Shopper reports, but first some news from the UK about ABC Lawyers, one of the Mark Rowe owned companies.

On 8 February 2019, an application to wind down the company ABC Layers Ltd was filed by Mark Rowe with Companies House. The appointed liquidator is David Meany of Quantuma LLP, The Old Town Hall, 71 Christchurch Road, Ringwood, Hampshire.

ABC Lawyers is just one of the companies under the umbrella of Advanced Business Consultants Legal SL,  (formerly registered as Jive Hippo SL), CC Fañabe Plaza 338, Avenida Bruselas, Costa Adeje, 38660, S/C de Tenerife, it is also known as ABC Legal/Other companies are Timeshare Compensation, Timeshare Lawyer, ValueMyTimeshare and Timeshare Advice, all owned by Mark Rowe.

Mark Rowe is also the owner of the following companies registered in the UK, TULOCA LTD (10748107), LANSDOWN FINANCIAL LTD (09742346), STAYCATION LODGES (SCOTLAND) LIMITED (SC549238), STAYCATION LODGES LIMITED (10332646), JIVE HIPPO LIMITED (09863488), MONSTER TEMPCO LIMITED (09855107) and GORLEY VALE FARM LIMITED (09669372). Although he resigned as Director in February 2019, leaving Nicola Helen Rowe as the sole director.

The question being posed now is what will happen to all those clients who have signed up with ABC Lawyers for “compensation claims” and “relinquishments”, are they going to have the work completed?

As we know, several of Marke Rowe’s companies are under police investigation, could this liquidation be a move to prevent yet another of his companies falling under that investigation? Only time will tell.

Now for today’s Secret Shopper Report.

Timeshare Wars!  Deeded Timeshare Owners Fight Back

What kind of business sells points by demanding that if you don’t buy our timeshare points, your children will have to be our customer?

A deeded owner

Marriott Vacation Club Fights Back

Not since the Book of Genesis [1:9-10] has the extraordinary feat of creating land from nothingness been chronicled … and Marriott “saw that it was good” for business. (Plaintiff’s response to motion to dismiss)  

By Another Deeded Week Secret Shopper from Out West

April 23, 2019

Some Vacation Clubs employ predatory and deceptive methods to convince deeded week timeshare “owners” to give up their deed to become a “member” of a points-based timeshare program. Owners are lured to “mandatory” updates designed to convince them why they should join their vacation club.

Last Tuesday a Secret Shopper shared his experience. Shopper owned two continuous deeded weeks at Virginia Beach. He determined that if he had agreed to forfeit his deeds for points, it is unlikely he would have access to the vacation location the family had enjoyed for years.

Some timeshare point members have no “beneficial interest” in actual real estate. Wyndham does sell a point-based deeded timeshare. The (intended pun) point is that just because points are used to identify one’s use interests, does not necessarily make the timeshare a users’ rights product.

In the case of non-deeded points, the point buyer buys points in a “right-to-use” program. Ownership rights are stripped away from the actual real estate. It’s more like buying a membership in a country club than buying a condo, except it’s a country club membership you can’t easily terminate unless the membership is free and clear. If there is no loan and maintenance fees are current, the resort MAY take the timeshare back in return for nothing more than the peace of mind knowing you are done with it.

Charging closing costs for a product that is not real estate was the basis of a class action lawsuit against Marriott Vacation Club.  In a recent ruling,

A Florida Judge has sustained central claims in the class action against Marriott and their points based system. “Consumer Deeds are invalid because they lack any cognizable legal description of a real property interest being conveyed as required by Florida law.”

https://www.nyrealestatelawblog.com/manhattan-litigation-blog/2019/april/florida-judge-sustains-central-claims-in-suit-ag/?fbclid=IwAR2wlVr8NIPBZj9Mcg8vVQI7_yHJvTHkIWTU4NdT9XEC8QANg0rfR9wmZrs#.XKZAISFvVH0.facebook

Our Secret Shopper Experience

Throughout our presentation, we were concerned about the sales agent using terms associated with real estate. Our sales agent said points are backed by real estate held in a trust. Agents used words and phrases like “opening escrow” and a 30 to 45 day closing period. One particularly deceptive use of real estate jargon was stating maintenance fees as HOA fees. They are not the same. It would take another article to explain why they are different. They would not disclose the terms of a loan unless we agreed to purchase.

My husband and I went after them from a financial angle. We said we were concerned about the company’s financial health. We felt the thousands of complaints that can be found about this company on the internet, over 1,000 Better Business Bureau Complaints, a government action, and numerous lawsuits would eventually catch up with them. That doesn’t mean all their sales agents are dishonest, but there are a disproportionate number of complaints compared to other timeshare companies.

What seemed to be the craziest comment came from an agent who came over to answer our questions about the budget report. We had asked:

“Is the Club solvent?” “Are they in debt?”

The agent shockingly responded, “Why would that matter to you?”

We asked for their California public report. We showed them that there was a deficit of $9.696 million. We asked why the public report does not show a reserve account. They said it’s typically not shown in a public report. This makes no sense as that is one of the first things to put in a public report to make the consumer feel more secure. The truth is – there is no reserve account based on documents we had analyzed.

Our sales agent seemed a bit dumbfounded. Our session ended without the usual downturn in attitude when a member says no and means no. We don’t think these agents are used to informed buyers. But Vacation Clubs don’t just try to take your deed. They try to take your Resort!

We are longtime owners at one of the resorts that have opposed the Vacation Club’s attempts to take control. Owners realized a few years ago that the Club was rapidly accumulating inventory. Some owners started reporting that they had been to presentations or updates where they had been informed that either the Club already ‘owned’ our resort, or used scare tactics to convince the owner that if they didn’t convert their deed to points, their deed would be worthless and would be subject to a special assessment. Often, especially seniors are falsely told that if they don’t give up their deed and convert to points their children will be required to be club members when the owner passes.

The Vacation Club business model dealing with “Legacy” resorts is well known. I call this model extortion. Here’s how it works:

  1. The acquiring company takes over management,
  2. Substantially higher fees are charged than the resort was currently paying,
  3. Deeded owners’ maintenance fees are raised substantially,
  4. The cost of club operations is shifted to the deeded owners,
  5. Excessive capital reserve projects are imposed in order to collect additional fees from deeded owners,
  6. Availability, especially for desirable weeks, is reduced for deeded owners.
  7. Desirable weeks are rented to the public to increase income to Club managers.
  8. Nuisance fees are added that are applicable to only deeded owners such as parking fee, split week fee.
  9. Benefits deeded owners enjoyed for many years are eliminated, such as day use and bonus time
  10. Information available to deeded owners is reduced in order to force them to attend high-pressure sales presentations or “updates” designed to wrestle the deed away from the owner.
  11. The value of deeded ownership is demeaned by emphasizing the negative aspects of deeded ownership.  Deeded owners are threatened with special assessments, higher maintenance fees, less availability.
  12. Exchange options become limited for deeded owners in order to coerce them to convert to club membership.

Our Club has used unscrupulous Florida title companies to purchase units from deeded owners under false pretext and transfer them to the Club. The Club has pressured management hired by the resort to enact policies beneficial to the Club.  The Club has brought frivolous legal action against the association and board members individually to intimidate vendors and board members so that the Club can gain control of the resort.

The intent of the Club has been to purchase voting power rather than quality ownership. They have done this by acquiring less than desirable units in less than desirable seasons. The units are not used by the Club for occupancy, yet they still pay the dues for these units. As a result, the Club is determined to take control of the resort so that they can better monetize this worthless inventory.

What can be done to keep our resort?

Our resort has taken advantage of social media to increase owner engagement and the free flow of information among owners and between owners, the board of directors and resort management.  The availability of timely information to the deeded owners has empowered our resort to resist the persistent pressure from the Club to take control of our resort.

Our owners and our board are passionate about our resort and determined to maintain the control that allows them to continue enjoying what they purchased. Deeded owners must unite and organize to hang on to what little real timeshare real estate is left. To think the timeshare world will be nothing but points is sad.

We seek to provide timeshare with a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market, and to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you to our Secret Shoppers for their report, these do help others to be aware of what actually goes on at these presentations and helps them to be prepared.

If you have any views or comments on any article published, use our contact page, Inside Timeshare welcomes your insights.

Start the Week: O’Reilly’s Sentenced and Others Under Investigation

Welcome to the start of another week with Inside Timeshare, today we review last weeks news from Birmingham Crown Court with the sentencing of Dominic O’Reilly and Stephanie O’Reilly of Eze Group. We also look at other people and companies who are also under investigation and may just be finding themselves in court.

On Thursday 21 March at Birmingham Crown Court, Judge Laurence Creed passed the following sentences.

Dominic O’Reilly, jailed for 2 years 4 months, disqualified from directorships for 9 years.

Stephanie O’Reilly, 9 months suspended for 2 years, 18 months suspended for 2 years plus, disqualified for 6 years.

Dominic & Stephanie O’Reilly (Birmingham Mail)

Inside Timeshare has received a transcript by a court reporter, which although it is not verified, it does match reports published in the press.

In the Prosecution opening statement, it was asked that the judge consider monetary harm, this was extremely high according to the prosecution, with 36 complaints, 90 in process and 45 further complaints pending.

The prosecution also explained the emotional impact, consumers were told they had no cancellation rights along with aggressive sales tactics. It was also mentioned that the defendants were told to stop these tactics including the institution of cancellation rights, but these did continue even after Trading Standards began investigations.

In mitigation, the defence for Mr O’Reilly asked for the sentence to be suspended as he did plead guilty at an early stage. He also told the court that Mr O’Reilly is now 54, in ill health and in need of a heart operation.

The fact that one elderly couple aged 68 and 69, one who had recently had a stroke, the other had diabetes including an attack during the meeting, were made to transfer money before being allowed to leave, does make the above mitigation plea a complete joke.

Miss O’Reilly’s defence used her being the mother of a 1-year-old baby which is breastfed and she is now 11 weeks pregnant. Also, she has no support structure in the UK, as her parents live in Tenerife, that her partner would have to give up his job to look after the baby if she was jailed.

In all, the 36 complaints totalled £425,000 of which only £3,813 was ever refunded, Trading Standards found another 100 complaints totalling £1.3 million. In all the company made by 2017 around £3.375 million.

Much of this money was transferred to the Tenerife company Regency Shores SL when the customers believed it was being paid to Eze Europe Ltd.

The judge also highlighted several clients, that were sent threatening letters for payments when the client wanted to cancel. One client had to call their daughter to help pay, then chased with a letter before action.

The client cases in this trial are only the tip of the proverbial iceberg, there are hundreds more, unfortunately, many of these are now subject to scams due to this trail. Cold calls from companies stating they are working with or have been appointed by the courts to help them get money back which the courts are holding. As we have said before this is not true.

The O’Reilly’s are now being investigated under the Proceeds of Crime Act, The authorities have to power to seize accounts and assets such as houses and cars if it is deemed they are from the proceeds of crime. The problem now is can they link it, where is the money, are any properties in their names, or are they in his wifes or her partner’s names. If so can it be proven the money used was from the O’Reilly’s in the first place?

We can only wait and see.

If you have been a client and receive any calls regarding money being held for you, then contact Inside Timeshare. We will then explain where you stand and if you are able to get anything back.

Link to the Birmingham Mail

https://www.birminghammail.co.uk/news/midlands-news/timeshare-boss-dominic-oreilly-jailed-16010172?fbclid=IwAR1HB-9OyDuv4d5Xytwk0mjX7ZmeIWIWJNGMZqUibWaE7fKXa0nR__dbnH0

Another investigation is also being conducted into several Mark Rowe companies, by the Regional Organised Crime Unit of Avon and Somerset Police, along with the authorities in Tenerife.

Mark Rowe

This investigation is very similar in nature to the one into Eze Group, it is still underway and no new or further information is yet available. But no doubt we may see a case in the courts in the near future.

Over the past few months Inside Timeshare has also been following several other names, Ali Farhoud, Alex Farhoud and Lee Burton, all linked to Silverpoint.

Ali Farhoud

In the case of the Farhouds and their company Nordic Consulting Canary Islands SL, they now entice their old Silverpoint clients with legal action against their one-time employer Silverpoint. See the links below for further information.

We have from very reliable sources been informed that criminal denuncias have been made to the Spanish authorities against all three. Many of these by their very own clients.

Although we know that these investigations take time, especially when new complaints are likely, one thing is certain, the authorities always get them in the end.

As and when new information comes in, it will be published on these pages.

If you require any further information or have had dealings with any of the companies mentioned, then use our contact page and let us know. Inside Timeshare will get back to you and point you in the right direction.

As usual, a word of warning, before you deal with any company that contacts you or you have found on the internet or from an advert, do your homework. If you are not sure then contact Inside Timeshare.

Start the Week: More Information On Fake Law Firms

Welcome to our first article of the week, once again it is a warning about the “fake” law firms that are operating out of Tenerife, ADN Alberto Dlendro Nabalez, Litigacionesespaña SL and Litigaciones SL, all part of the Litigious Abogados family.

http://litigacionespanasl.com

http://litigaciones.com

This information has been supplied by one of our readers who has been contacted by them, but there is now a new aspect to how they are operating. As we have explained before, the initial contact is to inform the owner of a pending court case against their timeshare resort / company, now to be part of this action, a “procurator” fee is required to be paid by bank transfer. The case was to be against Marriott Marbella Beach Resort and Marriott Son Antem SL, with the director being named as Marcos Row, ( we wonder if this is a play on Mark Rowe). The case was lodged on 9 October 2018 and a hearing set for 30 October at 12.20pm in Court No 5 Santa Cruz de Tenerife. Very quick indeed. It must also be pointed out that Marriott did not sell in Tenerife, only Marbella and Mallorca, so any cases would need to be brought at those respective courts, not in Tenerife.

Now our reader refused to pay this fee, and told them they were not interested, then on 31 October they received an email from Litigaciones SL, another “fake” firm informing them that the court case had been heard and they had been awarded over £34,000 by the court. All this even though they did not pay the initial “procurator” fee!

This award is to be paid by bank transfer or personal cheque, once they receive confirmation from the court that the funds can be released. No doubt there is going to be an “tax” which needs to be paid first, going by the previous accounts we have received this is going to be around 20% of the awarded amount.

The “Procurator” is named as Miguel Cioban Alinas with the address

Calle Las Guarras No. 2, Edificio, Tijeras, 269, Santa Cruz, Tenerife

Which does not come up on any searches, so is more than likely a fake address.

He also has the following website

http://procuradores-alinas.com/

Registered on 1 October 2018 and is due to expire on 1 October 2019, once again only registered a few weeks ago and running for only 1 year, the registrant is again hidden by a privacy company.

They also give the email address as

[email protected] yet another free email provider. The website provides no telephone number and gives very little information.

The account where the fees should be transferred is in the name of Miquel Cioban Alinas, it is a branch of BBVA, with the bank address of Parque Santiago, 2, 38660, Santa Cruz De Tenerife, there is a bank at this address although it should be Parque Santiago,2 38660, Arona, Tenerife.

The IBAN number is ES96 0182 5928 1002 0158 0390

Bic Number is BBVAESMMXXX

We do know that at least 25 other owners have been contacted with this same case, Inside Timeshare does have the names, but as yet we are unable to trace them.

Below are PDF files of all the documents received by our reader, they are all “FAKE” including the court document. If you have had a call or received any similar documents via email, please note they are a very sophisticated fraud, they are also very similar to the documents all the other incarnations this group has been using over the past 3 years. Each incarnation runs for only around 3 to 4 months before a new name appears.

Timeshare Claim

Timeshare_Claim redacted

Prevous articles

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

http://insidetimeshare.com/start-the-week-litigaciones-sl-a-new-name-in-the-litigious-abogados-family/

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

http://insidetimeshare.com/fridays-letter-from-america-29/

If you have received any calls, emails with documents which resemble these, then use our contact page and get in touch, do not pay anything, you will never see any of the money again.

Remember, doing your homework first will save your hard earned cash.

Friday’s Letter from America

Welcome to the last Friday’s letter from America for August, this week Irene Parker reviews the similarities between victims of the Catholic Church and Timeshare victims, it looks at how speaking up can make a difference. But first a couple of items from Europe.

Another company offering discounted travel has come to our attention, Advantage Group British Travel SL, according to Spanish company records the registered address is:

C/ LA GAVIOTA 14 – APARTAMENTO 1-19, LOS ABRIGOS (GRANADILLA DE ABONA)

This address is actually an apartment block, no sign of any office in the street.

Telephone number (34) 922 456 773

The company was registered on 24 October 2016 with the administrator being one Victoria Hughes and the secretary one Caroline Elizabeth Docker.

It appears that they use OPC’s on the street with the ubiquitous scratch cards to lure holiday makers into a presentation. This will involve several hours of high pressure sales to get you to part with a significant amount of money for a membership to another dubious “discount holiday club”.

You will then get access to the following website

www.toptraveleurope.net

This can only be accessed once you have joined and received your code and membership, there is also a £75 a year administration fee.

Now the name of this company reminded us of another several years ago called British Travel based at the Centro Comercial Fañabe Plaza, which is also the base for Monster Travel, Sell My Timeshare and other Mark Rowe enterprises.

The director of British Travel was Paul Hughes, which was also a “discount holiday club”, but was pitched as a travel agency, where you could get discount from 25% to 80%. Obviously Victoria Hughes is more than likely his wife and is now the  front for this company, we also know that Caroline is linked to paul as they are facebook friends.

So beware the ticket touts and the offers of great discounts!

We have also been informed by one of our regular readers who had dealings with the fake law firm in tenerife, Legalidad Abogados, part of the Litigious Abogados family, of another email being received about his court case against Diamond.

This has caused us a great deal of hilarity, the case was supposedly heard on 24 July 2018 and the director of Diamond Resorts International pleaded guilty, just like all the timeshare directors in these cases from this fake outfit. You will never believe who they named as the director, MARK ROWE!

Well we all know that Mark Rowe is not a director at Diamond, he runs his own little empire featuring Monster Credits, Rewards and Travel, Hollywood Marketing and off course ABC Lawyers to name but a few.

So if you are reading this Mark, congratulations on your employment at Diamond and what a shame you ended up in court!

Now for today’s article.

Timeshare Predators compared to Catholic Predators

By Irene Parker

August 31, 2018

There are many good Catholic priests, sisters and nuns, especially Benedictine Sister Joan Chittister of Erie, Pennsylvania, speaking out on what has been the pervasive Catholic culture of institutional cover-up.

Sister explains,   

Pedophilia, the abuse of children, has finally unmasked for all to see the operational principles of an organization that has been able for years to ignore, reject– even disdain–the cries of multiple other groups of the ignored and abused.

It is clear now, in ways it was never clear before, how much damage is done to the church itself, ironically, by the kind of silence that makes it impossible for the church to admit its weaknesses, to deal with its questions. . http://www.joanchittister.org/

Something clicks inside a victim when they have had enough. Some timeshare companies employ the same tactics as the church. As timeshare members alleging fraud read through this, they will have no trouble seeing similarities. I advocate on behalf of timeshare members alleging fraud, alongside 44 Timeshare Advocacy Group™ advocates.

The Catholic scandal ultimately led me to timeshare advocacy. Turning anger over child abuse outward led me to CASA, Court Appointed Special Advocates for children in foster care, where I learned how to write court reports for Family Court. When timeshare members contact me, their complaints are often confusing and lengthy. I listen to their allegations, transcribe, and return to them their complaint in court report format. Other advocates answer questions that come up when members need to file regulatory complaints

A life’s journey can take many twists and turns. My life changed dramatically after a trip to Peshawbestown, Michigan to meet with tribal spiritual director and peacemaker Paul Raphael of the Grand Traverse Band of Ottawa and Chippewa Indians. Peacemaker Paul was one of nine male children who attended the Holy Childhood School of Jesus in Michigan where Indian boys were sexually abused by three School Sisters of Notre Dame nuns in the 1960s and ‘70s. I contacted him after reading a four part article about the abuse. By part four I was livid.

Unholy Childhood, June 29, 2008

https://www.northernexpress.com/news/feature/article-3760-unholy-childhood/

Grand Rapids Michigan investigative reporters met with Sister Laura Jean Spaeth of the School Sisters of Notre Dame in Milwaukee. Sister Spaeth was skeptical about the credibility so the reporters interviewed a total of 80 former students to verify the abuse.

“My answer was if it was just one person, that would be a legitimate argument — but we interviewed 80 people and we heard a consistently recurring story,” Golder said. “And it was troubling to me that the leaders of the order, sought to dismiss what we were saying based on the other problems in their lives,…but it was clear to me, as people told the same stories over and over, that it established a pattern that was factual.”

In 2008 I was practicing for a pipe organ exam at the cathedral for an American Guild of Organists exam. Patrick Cooney was Bishop then. Stunned after speaking with Peacemaker Paul, I wrote Bishop Cooney a letter asking if I could arrange a meeting. Peacemaker Paul resisted saying, “How will that help us?” I said it wouldn’t but it would help the Bishop because he cares and hearing directly from Peacemaker Paul could possibly help Bishop Cooney stop a potential abuser.  

Wounded Souls July 8, 2008

https://www.northernexpress.com/news/feature/article-3251-wounded-souls/

“There have been up to 400 reports nationally of sex abuse by nuns,” said David Clohessy, former national director and spokesman for SNAP, Survivors Network of those Abused by Priests. “The laws are written in Michigan to protect perpetrators and those who are doing the cover-ups. There have been efforts in the Michigan legislature over the past five years to get those laws changed, to be more victim-friendly, but in each case the bishops and the bishop’s conference spent a lot of resources to get those laws defeated,” Clohessy said. https://en.wikipedia.org/wiki/David_Clohessy

After experiencing a timeshare bait and switch, I wrote to ARDA, The American Resort Development Association, explaining my concerns. I thought they would be grateful someone brought criminal actions to their attention. I did not hear from ARDA except for an auto-reply. Approximately 200 allegations of fraud have been sent to ARDA over two years – and no response. ARDA does not mediate disputes, but they have a code of ethics that is being violated, based on member reports.

According to Dr. Amy Grant, University of Central Florida, who presented at an ARDA World conference in 2017.

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

Victims need to file regulatory complaints, lobby lawmakers and reach out to the media. I attended a Catholic conference where victims and clergy met to address the problems. It is only through the courage and fortitude of the Sister Chittisters of the world, change happens. It is unclear if the Pope or ARDA have really accepted the reality of Social Media because victims no longer need be silenced and isolated.

This article does go to show that only by speaking up and working together can any real change happen, these cases of abuse, although very different in nature, in the church and timeshare have one thing in common, both want you to remain quiet and say nothing.

That’s all for the month of August, the courts in Spain are about to start hearing cases again so there will no doubt be some interesting news on the legal front. Also during September Inside Timeshare will not be publishing regular articles as I am on leave and spending some quiet time with a large family reunion.

Have a great weekend and remember, any company that contacts you regarding your timeshare, do your homework before you do any business with them.

Litigious Abogados: Another New Name to the Family.

Our regular readers will be aware that we have been following the many changes in name for almost 3 years, well here is another new name for you, Legalidad Abogados SA, with the website:

http://legalidad-abogados.com

Registered on 20 May 2018

The websites is as usual exactly the same as all the others except for the new names and photographs of the lawyers, which no doubt are photographs of genuine lawyers taken from the internet. We will be trying to identify the genuine people as we have done in the past.

 

The company apparently was was founded by Manuel Midan Embalori (photo below), on Monday 20th July 1990, which was in fact a Friday! They have the CIF Number (National ID Number), is A30458629, which is again not genuine.

 

The lawyers are named as:

Armando Calenam Salderol

Daniel Lominiar Golteras

Carlos Demanar Voltarisa

There address is one that week have seen before, although genuine, they are not there:

Legalidad Abogados S.A.

6-4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 802 1938

Tenerife Tel: 0034 822 684 515

[email protected]

[email protected]

So what are Legalidad Abogados doing?

Obviously it will be the same ploy they have used in the past, your timeshare company and the director is being taken to court, for a payment to the Procurador you can be included in the case. The Procurador is named as Jesia Elisabeta Eliaz and the money is to be paid into her Bankia account.

Now the case our lucky reader was to be involved in was to be heard at the end of July, this involved his timeshare at Island Village and the director is named as one Mark Rowe, who for those regulars to our pages will know is not a director of Island Village but owns companies such as Hollywood Marketing, The Monster Group of companies, ABC Lawyers to name just a few.

No doubt within days our reader would have received the wonderful news that Mark Rowe pleaded guilty, which somehow no one will ever believe, Mark Rowe pleading guilty!

We also wonder which gang will steal the cheque and cash it, we have had Romanians and Ukrainians, we have heard that the new gang are Croatians!

Whoever they are, there is no legal law firm called Legalidad Abogados, there are genuine lawyers with those names, there is no case case at court and there will definitely not be a cheque sent from the court!

It will be the same old “Fraud” we have seen in the past, don’t fall for their story, the documentation looks real, but it is all fake.

If you have been contacted by this or any other firm with a similar story, then beware, unless you have personally instructed a Spanish law firm to act on your behalf then you do not have a case in court.

The courts do not instruct any company to contact timeshare owners, or to act on the courts behalf. They do not send out cheques and will definitely not instruct another company to investigate a stolen and cashed cheque.

Remember doing your homework, just like our reader, will save you a lot of money. If you are not sure about any company that contacts you or even one you have found on the internet, then use our contact page and we will point you in the right direction.

Start the Week

Last week the following information came in after publishing Friday’s Letter from America, it was certainly a busy week in the Spanish Courts, and a rather expensive one for the industry.

No less than 16 sentences were passed by various Spanish Courts, they are as follows:

10 were against Anfi del Mar

2 against Tasolan (Palm Oasis)

4 against the Tenerife based Silverpoint.

In all cases the contracts have been declared null and void and the amount of money the timeshare companies have been ordered to return is over 561,000€.

It was also announced by Canarian Legal Alliance that their Provisional Execution of Sentence team had also successfully had 2 more embargos place on Anfi cash accounts, securing the money for their clients.

Tomorrow Inside Timeshare once again publishes a revised article on How to File a Complaint, these articles are aimed at our American readers but are still of interest as you can adapt them to suit your own country and associations.

If you have any comments or stories you would like to share then use the contact page, also if you need to find out about any company that has contacted you or one that you have found on the internet, then get in touch and we will point you in the right direction.

Start the Week

We start this week with a look at some of the companies we have highlighted over the past few months, many of these are now going into liquidation. These companies are in most case only around two years old and began as “contract termination” with “no win no fee” claims once the contract has been cancelled. We also look at some of those that are under investigation or are in court and those that have even been sentenced.

First we look at RSB Legal, this company first came to our attention back in 2016, there modas operandi was very simple, once they contacted the timeshare owner the offer was to meet at one of their offices to discuss a “no win no fee” claim against the clients timeshare company. This soon turned into a pitch for the cancellation of the contract first, once this had been completed then the claim could go forward.

The one problem was they needed upwards of £6,000 to do the cancellation to be paid in advance, the claim would come later. The question that was asked was how was the claim to be made? After all it couldn’t go to court, especially if it was a timeshare bought in Spain, as once a contract is cancelled then no claim could be taken to court.

This left a Section 75 claim under The Credit Consumer Act 1974, against the credit card company or the finance company if it was purchased with a loan supplied by the timeshare company.

These were unlikely to have paid out, as with all section 75 claims you must show either: you have not received the goods or services paid for; the company has gone into liquidation; faulty goods unfit for purpose. This is fine if you are purchasing say a washing machine, but with a holiday product, especially a timeshare purchased many years ago, you will have used it and taken holidays. Even if the company no longer exists it would be difficult to get a payout.

Section 75 does not cover the misrepresentation of the sales agent at the time of purchase, if it is not in the contract it was never said!

The credit card provider will always contact the company involved to get their side, obviously, they will say that you have received the goods and services, after all you have used it. You may argue that you were unable to use it as you could not get the dates you required, the answer of the timeshare company is always going to be, sorry but these are always subject to availability, we did offer alternatives but the member didn’t want those. Hence claim denied.

Another twist is RSB Legal palmed off the cancellations to another firm Taylor Marshall Associates, a very clever move as if the contract wasn’t cancelled, no claim could be made against RSB Legal under section 75. They would claim that they have fulfilled their part of the contract and it was Taylor Marshall who had not done the work.

This is a scenario that we have seen on many occasions with many of these “Exit Companies”. Once it is passed over the client is then told that they should no longer pay their maintenance fees as their contract will be cancelled within weeks. The unfortunate thing is that nothing was done, the exit company did not carry out the work and the client ends up with several years of maintenance fee arrears. This has been the case with RSB Legal clients passed to Taylor Marshall, especially those members of Club la Costa. In this case CLC had informed RSB and Taylor that they do not recognise them, that they do not deal with third parties, but will cancel a membership directly with the member only and free of charge!

For those clients who have been through this, you can try a section 75 claim, but you should also report to Trading Standards and Action Fraud.

Back in January 2018, we reported on the announcement that Standon Mortimer Associates were the subject of a Creditors’ Voluntary Liquidation. Again this was a company contacting clients for exit and claims, the list of companies they were involved with is quite extensive, including RSB Legal, FHA Marketing along with Anderson Read Consultancy, Warwickshire ConsultantsCharles Ashworth Consultants and Harwood Jones Consulting.

So it looks like all these companies were all working hand in hand, the unifying factor appears they all worked with or for RSB Legal. The unfortunate thing is that many people have paid and lost thousands, yet these companies are limited liability companies and go into liquidation after spiriting the money away leaving no way of retrieving what you have lost. It just makes you wonder what new companies and scams they owners are going to come up with next.

As we know the Regional Organised Crime Unit of Somerset & Avon Police are investigation several Mark Rowe companies, we have also been told by reliable sources that Hollywood Marketing in Tenerife is also under investigation by the Spanish Authorities.

The companies under investigation include sellmytimeshare.tv, Monster Rewards and Monster Credits, yet Mark Rowe is still advertising in the press, facebook and other media his ABC Lawyers, Timeshare-Lawyers and other companies. The unfortunate thing is that many people will believe any advert they see in the press.

A good example is one reader, an elderly lady who saw one of his adverts in the Royal British Legion magazine, so naturally she thought it was genuine. The next thing is she had been sold Monster Credits. As we explained, just because the advert appears in a publication which we know and trust, does not mean it is genuine. After all, the magazine publishers need to sell advertising space to cover costs, they don’t check if advertisers are genuine, they only take the money.

Back in February we also reported on the jailing of several people involved in a long running timeshare scam, this revolved around the resale of timeshare. It then went on to contacting those who paid to sell their timeshare being contacted yet again, this time to get the money back from the original scam. There was then a third part, another company called to say they had been appointed by the Spanish courts to contact clients who had been scammed before, that there was money waiting for them and a tax needed to be paid to release the money.

The full article can be seen by following the link below:

http://insidetimeshare.com/they-get-them-in-the-end/

There is still no news on the sentencing of Dominic O’Reilly or his Daughter Stephanie O’Reilly of EZE Group. From information received this may not be taking place until around September. This leaves it very difficult for those taken in by the Leisure Credits to be able to get their money back. When new information becomes available we will publish it here.

So, we are losing some of these companies, but how long before other surface to take their place, as always, beware the calls offering “no win no fee” claims, the guaranteed exit solution or the “fake” law firm that tells you a case against your timeshare company is about to go to court or has been to court. Check, check and check again, do your homework, contact Inside Timeshare if you want help in checking the validity of any company that has contacted you or even one you have found either on the internet or advertising in the press.

Tomorrow we publish another Tuesday Slot with Irene, this week it is about “Special Assessments” at the Americano Beach Resort.

Thursday Roundup: Some News from the UK Courts

In last Friday’s Letter from America we mentioned the Birmingham Crown Court hearing for the sentencing of Dominic O’Reilly & Stephanie O’Reilly of EZE Group, this was to have taken place on Monday of this week.

From information received it looks like EZE Groups legal counsel could not make it and asked for an adjournment before Monday’s hearing. Although it would still have had to be addressed in open court with a new date to be set.

A very strange fact that did emerge is that the hearing has been switched from sentencing to a directions hearing. This could indicate that their guilty pleas may have been withdrawn and a another plea will have to be made in open court. If they do plead guilty then the case will again have to be adjourned and pre-sentencing report carried out.

As we find out more we will publish here.

In another case which was announced on 17 April, against Francis Madden at Bournemouth Crown Court. The case was scheduled to last about six weeks, but news broke yesterday that Madden had pleaded guilty to three counts of fraudulent trading between May 2012 and February 2016.

The case revolved around his “Holiday Club” companies, where people were invited to attend a “two hour presentation” which actually lasted more than “five hours”. They were sold accommodation which either did not exist or was near impossible to book for thousands of pounds. In most cases the accommodation could have been booked for far less via the internet.

Although clients had been informed that there was a cancellation period, when they did try to cancel they were told in was not possible. It also transpired that the exhausted clients were “frog marched” by staff to a cash machine to withdraw the payments.

Jailing him for a period of 40 months the judge called his conduct “reprehensible”.

It seems now that the authorities are finally catching up with these charlatans as only recently we have seen several jailed at Stafford Crown Court, EZE Group in the dock and some of Mark Rowe’s companies under police investigation.

See link to the Mail Online report:

http://www.dailymail.co.uk/news/article-5682173/Timeshare-fraudster-marched-victims-cash-machines-hand-thousands.html

When timeshare first started it was a very good concept, the accommodation was superb, far better than what was available through the high street travel agent, but something went very wrong. Greed took over.

Some of the first “scams” were the buying off plan schemes, where all you purchased was a hole in the ground and an architects plan. Many of these were never built with hundreds of people losing thousands of pounds.

The industry itself did little to “police itself”, countries laws where these timeshares were being built were not adequate, allowing many frauds to take place, with the perpetrators getting away with millions.

After the “off plan” scams, the industry through how the product was sold was instrumental in the next phase, the resale scam. As timeshares were being sold as “property” which would go up in value, the resale companies capitalised on this. Offering clients the promise of selling their timeshare for more than they actually paid for it, taking thousands to “list” the timeshare for sale and then disappearing.

Now because the laws have been strengthened, especially in Spain, we are seeing bogus claims companies taking thousands for relinquishments and no win no fee claims. Just recently Inside Timeshare has been getting enquiries about one of these companies, RSB Legal. Many have paid them to cancel their timeshare and claim the money back, but they are now no longer trading, they have simply vanished, leaving hundreds of clients out of pocket.

These stories show why you must do your due diligence and homework before going to any presentation, or doing business with any company. Check, check then check again, ask the questions, are they for real, how are they going to claim, can they do what they say they can do, how long have they been trading?

That last comment is probably one of the most important points, a company that has only been trading or registered for say 1 year, yet claims they have got back thousands and helped hundred of owners, is that actually possible?

If you have been contacted by any company or have found one on the internet and want to know if they are genuine, then contact Inside Timeshare and we will help you find out.

Remember doing your homework will save your hard earned cash!

Inside Timeshare would also like to share some great news with all our readers, our last article contributor Joshua Parker and his wife Nichole are the proud new parents of twins. Welcome to the family Matthew Alexander & Maverick Luke.

Thursday Roundup

It was only a matter of time before another new name appeared in the “fake” lawyers family of Litigious Abogados, this one is called Manuel Hidualdo Abogados.

Home

 

manuel-hidualdo-logo

The website apart from a new logo is exactly the same as all the others, although they did seem to get the opening line wrong on this one, it states that  “Our company was founded Monday 26th July 1990 by Manuel Selando Hidualdo”, that date in 1990 was in fact a Thursday, not quite attention to detail there!

manuel selando hidualdo
Manuel Selando Hidualdo

On the website which was registered 16 January 2018, only a few months ago, they still maintain they have had 15 years presence on the internet, strange how we have never come across them before?

It also shows some new photographs of the lawyers with new names, which once again are very strange names indeed, with a play on some of the older ones. Obviously the photographs of the lawyers are just downloaded from the internet, which you find when searching images of lawyers.

emilio derlanta cantelar
Emilio Derlanta Cantelar

francisco fralja sobanem
Francisco Fralja Sobanem

placido lisbares lomen
Placido Lisbares Lomen

The address is one we have seen before on the website for Abogados Canarias:

4 Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Again a search on Google street view shows the address is genuine but again, according to the two plaques on the wall for the Abogados that reside there are not this one. So do those genuine lawyers know their address is once again being used by this fake firm?

They give two telephone numbers:

Freephone: 0800 802 1746

Tenerife Tel: 0034 822 685 013

The email addresses given are again not linked to the website but are for consultant.com, which as we know is just another free email address provider.

email: [email protected]

email: [email protected]

Obviously the scenario is going to be the same as before, timeshare owners will be cold called with the wonderful news that their timeshare resort / company is about to be taken to court, and for a small fee, probably around £1000 they can be part of the court case. This money will probably have to be paid to another fake Procurador via bank transfer. As yet we don’t have a name for this individual, but no doubt another great name will emerge.

Then in a few weeks, the lucky owner will receive notification that the director of the resort / company has once again pleaded guilty, with the court now holding many thousands of pounds just waiting to be sent to them. Obviously, there will be a tax and fees to be paid before this can be released. Along with this good news, the owner will receive a forged court document and a photocopy of the cheque with their name and the amount they will receive. We wonder if it will be on a Banesto cheque?

Once again Inside Timeshare warns its readers this is an elaborate and sophisticated fraud, designed to strip you out of thousands of pounds. Do not be taken in by this, you did not instigate these legal proceedings so you have not got any money being held by the court.

If you are contacted by this firm or any other with a similar story, then contact Inside Timeshare, all your information will go to help others.

Just to finish, one of our regular readers and internet searchers sent us a link which is rather comical, it is from Timeshare.lawyer, another Mark Rowe company linked with ABC Lawyers. In this piece titled “The Scandal Around Loans for Timeshare Purchases”, it goes on about the loan agreements arranged by timeshare sales staff for the purchase of timeshares.

It is the third paragraph which made us laugh,

“What’s even more disturbing is that, in many cases, those unscrupulous timeshare sales staff have provided false information on the finance documents in order to get them approved. When assessing the finance documents, people have found that their income had been entered incorrectly, and furthermore, the loan had been granted for ‘home improvements’ – not timeshare! This is fraud, committed by the sales staff and inculcating the signees without their knowledge.”

https://www.timeshare.lawyer/loans-for-timeshare-purchases/

Hang on a minute, did this not happen to hundreds of Resort Properties / Silverpoint clients during Mark Rowe’s watch as “Sales Director”?

Well we know it did as there are High Court (London) actions against Barclays Partner Finance brought by Stewarts Law and Edwin Coe, for loan agreements arranged by sales staff on behalf of Resort Properties / Silverpoint clients.

Now it would appear his company is going after the banks, in the article they go on about Shawbrook Bank setting aside £9 million for loans which have been incorrectly approved, with the Finance Director resigning after the news broke, this is a little out of date as Inside Timeshare published that story in July 2016 within days of it being made public:

http://insidetimeshare.com/shawbrook-bank-announce-irregularities-timeshare-loans-similar-activities-usa/

So there we have it, nothing surprises us in the world of timeshare, there is always something going on.

If you have any questions on this article or just need some information about any company that has contacted you, get in touch with Inside Timeshare through our contact page and we will provide you with details on how to check them.

homework

Start the Week

Over the past few weeks Inside Timeshare has been getting enquiries about another firm timeshare owners have paid to cancel their contracts and pursue “no win no fee” claims against their timeshare resorts, RSB Legal Ltd.

Company number 09751995

Office 110h Ground Floor Adamson House Towers Business Park, Wilmslow Road, Didsbury, Manchester, M20 2YY

Although they have been a registered company since 27 August 2015, there is an active proposal to strike the company off the register and have it dissolved, this was on 13 March 2018. Since then, the Compulsory Action to strike off has been suspended, as of 21 March 2018.

Many of the enquiries we have been receiving are all very similar, no contact from the company and the clients have not been able to get them on the telephone. Another firm which these clients have had their “cases” passed to are Taylor Marshall Associates, with one reader being told by them that their contract with Club la Costa has been terminated.

Company number 09458294

1st Floor 2 Woodberry Grove, Finchley, London, England, N12 0DR

It turns out that this is not the case as CLC have told them they are still liable for the maintenance fees. CLC have also stated the following in an email to our reader:

“Over the last 2 years, CLC has consistently advised Taylor Marshall and their associated company RSB Legal that we will NOT accept their correspondence as correct notification to “TERMINATE” any CLC World membership. CLC World has an established free of charge exit strategy in place for all CLC Members and we do NOT accept Surrender or Relinquishment notices from third party claims companies. Despite this, Taylor Marshall (RSB Legal) continue to falsely claim that they are successful in somehow ‘forcing’ CLC World to release members from their contracts. This is simply untrue.”

“CLC will only complete a Surrender Request when processed direct with the CLC Member.”

So it looks like RSB Legal and Taylor Marshall have been taking peoples money knowing full well that CLC will not recognise them or their termination notices.

what do we do

Inside Timeshare has been receiving many comments not just of support, but enquiries as to what they can do to get their money back, we have looked into this and are currently exploring what options are open to you.

One option that has been mentioned is to collect as many disgruntled clients together and explore a group / class action through the courts.

If you have been a victim of any of the following companies, Inside Timeshare would like to hear from you, contact us via our contact form, we will then reply privately. Inside Timeshare will only be acting as a coordinator, researcher and contact point, if a group or class action is feasible you will then be informed which law firm is recommended and the decision will be ultimately yours.

The companies involved are:

TESS Paralegal Services Ltd (Formerly Timeshare Exit & Support Services Ltd)

Monster Travel (also known as Monster Group/Monster Rewards)

SellMyTimeshare

Complete Internet Solutions

Hollywood Marketing

http://insidetimeshare.com/police-investigation/

More on this subject will be published in the near future.