Browse Tag

Mark Rowe

Anfi Lose Another Appeal & A Consumer Warning of Fake Information

In today’s short article we publish yet another Anfi appeal which the courts have rejected and a warning on some information being given by “cold callers” which is nothing but a fabrication. This is nothing unusual, we have highlighted this problem in the past, the tactics are to “scare” you the timeshare owner into signing up for a “claim or exit” with one of the very dodgy companies that have emerged.

We begin first with the news on Anfi.

Once again the High Court of Las Palmas has rejected an appeal by Anfi on the sentence passed by the Court of First Instance. This has become a very familiar occurrence, every time Anfi lose their case they automatically appeal to the High Court. The stupid thing is they lose in every appeal yet continue to do use this legal procedure in order to delay the inevitable, having to pay out to the client.

The case was conducted on behalf of the Swedish client by the Canarian Legal Alliance Lawyer Eva Gutierrez with the client being assisted by the Claims Consultant Michael Gadman.

The High Court confirmed the original sentence and once again ordered that Anfi repay the client 54,137€ plus legal interest. The High Court also agreed that in calculating the award, the Court of First Instance was correct in demanding that the deposit which was illegally taken within the statutory cooling-off period must be paid back in double.

It is quite clear from all the recent appeals that Anfi has made that their game of delaying the inevitable is not doing them any good, in fact, it is costing them more in legal fees and in some cases, the High Court is actually increasing the award. One day they may just decide to accept the verdicts of the lower courts and payout. Well, we can live in hope!

Over the years that Inside Timeshare has been publishing we have come across some very wild stories from our readers about the information they have been given by “cold calling claims & exit” companies.

Recently we published several of these wild claims such as Mark Rowe of Monster Rewards, ABC Lawyers and sell my timeshare infamy was arrested, tried and convicted in a Malaga court. That over 40 million Euros had been seized and he had been sent to jail.

Then we had a series of emails where our readers who own Anfi, have been told that Anfi is in liquidation and will be closing, that unless they moved quickly and signed up they would lose everything. Well, we do know that one half of the Anfi partnership, the Cazorla Group, have their own financial difficulties, Anfi itself is pretty sound, after all, they do have IFA Lopesan as the other 50% owner.

The latest to come through from our readers, but unfortunately, they have not yet been able to provide a company name, is the story that Club la Costa and Marriott are going into liquidation.

In fact, one reader has even been told a date when this is happening, this Friday 16 October 2020.

As far as we have been able to ascertain, neither are going into liquidation, this has also been confirmed by our enquiries with law firms handling cases against both the timeshare companies.

These tactics are designed for one thing and one thing only, to scare you the owner/member into signing up with these scam companies, paying their high fees because they have managed to convince you that you are about to lose everything. Well, you just have, you paid them!

It may be a fact that one of the subsidiary companies might be folding, after all these timeshare companies do tend to have many of them, but that doesn’t mean the whole of Club la Costa or Marriott are going under.

Once again this goes to show how vigilant you must be when dealing with many of these “cold calls”, never believe them, do your own research first. Make checks on the company that contacted you and told you the information, check the internet for any other news on what they have told you. If you are not sure how to do these checks, then use our contact page and Inside Timeshare will get back to you.

Don’t believe what you are told, do your homework first, it will save you money.

Timeshare Contracts: Held to Ransom Part 2

Welcome to the start of another week with Inside Timeshare, last week we started the series Timeshare Contracts: Held to Ransom, where we highlighted one timeshare companies “exit” policy. The resort was Belton Woods Lodges Ltd and it is not what you could consider very fair. In fact, it is one of the most disgusting “exit” policies that we have ever seen. Today we highlight the policy of Diamond Resorts (Europe) which they have been running now for quite a few years. As for any news from the courts, today is yet another fiesta day in Spain so everything will be closed, so we will bring you the latest results later in the week.

One of the most common enquiries received by Inside Timeshare are from owners/members who have been contacted by “exit” companies, for whatever reason these owners/members just want out of their contracts and the liability of the annual maintenance fees. Most have no idea that their resorts may have an exit program where they can relinquish directly with the resort for either no payment, a fixed fee or the equivalent of up to 3 years maintenance payments.

In fact, the RDO (Resorts Development Organisation), has stated in the past that no timeshare company should ever charge more than 3 years maintenance fees to release a member from their contract. Unfortunately, this does not apply to non-members.

Diamond Resorts in Europe have the policy to allow members to relinquish under two criteria, one is “exceptional circumstances” and the other is for those that do not meet the requirements of “exceptional circumstances”.

So what is Diamond Resorts policy on “exceptional circumstances”?

Diamond will allow the owner/member to relinquish free of any charge as long as the maintenance fees are paid to date under the following criteria:

  • Aged over 75;
  • The death of one of the partners;
  • Financial difficulties;
  • Medical reasons.

The first one is straight forward, obviously, proof of age will be required as the death certificate will be for the second reason.

Financial difficulties, this is not as straightforward as you may think, Diamond, will require an independent and recognised income Vs expenditure report. This can be equated to the old “means test”, you must show all income and savings, it must also show all your expenditure, even down to your spending on cups of coffee!

There is one saving grace on this point, Diamond will accept reports prepared by the Citizens Advice Bureau, as they are a nationally recognised organisation. It is also free of charge.

Medical reasons, the main points this covers are obviously terminal illness and being unable to travel. Diamond will require all medical information from your doctor or consultant. Now one of the sticking points here is being unable to travel.

Citrus House, Diamonds European Head quarters

Inside Timeshare has in the past had readers who have applied for relinquishment under this section and have been denied. The reason is that they were just unable to travel abroad due to their health, but, they could still use their timeshare membership at the resorts in their own country.

But as we have stated they do require full medical details, so just like financial you are laying open all your personal information. Somehow that just doesn’t seem right.

If you do not fall into the above categories, then you have the option to relinquish your timeshare by paying two years maintenance, this is as long as your maintenance is paid to date and there are no arrears.

Remember that when you do relinquish your membership, you will not get any money back, you will also be signing away your rights to take legal action in the future if your contract was actually illegal.

Many of the “exit” companies that we have seen in the past basically just take your money, tell you not to pay the maintenance and that when you receive demands to just send them to the “exit” company and to ignore them. Eventually, usually, three years down the line, the company you paid is gone and you find that you are now still liable for the maintenance and the timeshare company has sold a debt to a collecting agency. This may result in CCJ’s being issued by the County Courts for your breach of contract.

So the question is, do you pay an exit company or go directly to your own timeshare company?

The choice is yours, but Inside Timeshare always recommends that you approach your resort first, then if you do not have any luck, that is the time to look at proper legal help. Although the warning is to be very careful who you deal with if you take this option, not all exit companies are genuine and actually do the work paid for.

Yes, this is a minefield, there are new companies emerging every week offering this service, after all, it is very lucrative, just look at the Mark Rowe companies. Every single client who paid them (anything from £4,500 to £10,000) still has not got rid of their timeshare, all are still liable for their maintenance, with all his companies in liquidation.

If you have any questions on this subject or any article published, please use our contact page and Inside Timeshare will get back to you.

New Legal Consultants Appear

Over the past few weeks Inside Timeshare has been warning about the proliferation of new “legal & claims” companies which have now started their “cold call campaigns”. Today we highlight one new company to come to our attention, but that is not all, there seem to be several companies all linked together by the same director and all being registered within a couple of years of each other. Three of them have the same address in Falkirk and one is based in Edinburgh.

We begin with the first company which came to our attention from our readers, C and J Legal Associates Ltd, Company Registration SC599970 and now registered at the following address:

Crichton House, Meeks Road, Falkirk, Scotland, FK2 7EW

Their original registered address which is still shown on the website is:

20 Meeks Road, Falkirk, FK2 7ES

Telephone: 01786 609 074

Email: [email protected]

The website was registered on 21 June 2018 and is due to expire on 21 June 2021 with the name of the owner/registrant being once again hidden.

http://candjlegal.co.uk/

The registered director is Christopher James Collins who is also the director of the following companies:

C and J Consultancy Ltd registered on 28 October 2019, Company Registration SC645442, with the registered address:

Crichton House, Meeks Road, Falkirk, Scotland, FK2 7EW

Website: http://www.candjlegalconsultancy.co.uk/ but at present does not seem to be operational.

C and J Management Services Ltd registered on 14 June 2019, Company Registration SC633400, with the registered address:

Crichton House, Meeks Road, Falkirk, Scotland, FK2 7EW

Contract Litigation Services Ltd registered on 12 May 2020, Company Registration Number SC661004, with the registered address:

64a Cumberland Street, Edinburgh, Scotland, EH3 6RE

Website:

https://contractlitigationservices.co.uk/

The website was registered on 7 May 2020 and is due to expire on 20 May 2021, once again the owner and registrant are hidden.

So what are the services being offered by these companies?

Well, it appears it is the usual termination of timeshare contracts and claims, but, considering these are very new companies we have to ask what experience they have and how successful have they been?

As of yet, we don’t have any answers, all we can say is that there is nothing on their websites to show any success and very little on the internet. Although the TCA (Timeshare Consumer Association) back in April did publish an article on C & J Management where Christopher Collins along with C & J Associates were mentioned.

https://timeshareconsumerassociation.org.uk/2020/04/01/cj-management-services-limited-amaryllis-associates-limited/
https://timeshareconsumerassociation.org.uk/2019/11/19/fca-instructs-amaryllis-associates-ltd-to-stop-claims-activities/

According to the TCA article, Collins offered a 6-month money-back guarantee but the process had to start before Brexit as it would then be more complicated to terminate the contract. Well, we have heard that one before.

According to the TCA, the consumer who contacted them was being charged £12,000 for a TERMINATION!

Apparently this fee was high because the “lawyer” they subcontracted charged over £250 per hour!

Well, it seems as though this price has now gone up as our readers have been told the cost is £14,000!

Another link which was discovered by the TCA is Amaryllis Associates, Company Registration 11449932, registered address:

71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ

Now the most intriguing fact which the TCA published is the director of Amaryllis Associates is the director, Sabrina Kaur Kumar, who was also once a director of Lansdown Financial Ltd, another of the previous Mark Rowe companies.

Just on the information we have and the link with Kumar gives Inside Timeshare grave cause for concern on several points:

  • The time these companies have been operating;
  • The costs involved;
  • The use of “Brexit” as a reason to sign up now;
  • The link with a Mark Rowe associate and director.

Once again this does show how careful you the timeshare owners must be when being contacted by these types of companies. They may appear to be genuine, but it is not until you start to delve into what they actually say and who they are linked with that the alarm bells begin to ring.

Have you been contacted by any of these companies or any other company offering termination or claims services?

If so, please use our contact page and Inside Timeshare will get back to you.

Within minutes of publishing, Inside Timeshare received a message from a very reliable source, it seems that Christopher Collins is known in Tenerife and worked with Jeroen Martijn Brussel at Sim Legal Services. This is a company and person who has figured on our pages many times.

https://insidetimeshare.com/start-the-week-information-received/

REMEMBER, DO YOUR HOMEWORK FIRST!