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Marriott Vacation Club

Start the Week: News From The Courts & MacDonald Resorts Are Still At It!

Welcome to the start of another week with Inside Timeshare, today we begin with the news of the latest two cases to come from the courts, the first is against Marriott and the second is a guaranteed bank payment from Anfi. Going back to an old story of Mrs B and her battle with MacDonald Resorts, a story we covered for many years and published the final chapter on 5 November, well, it would seem that MacDonalds is using the same tactics against others. According to several enquiries received recently, the County Courts are going to be busy with cases being brought against members by MacDonalds “bloodhounds” the law firm Shepherd and Wedderburn. This is one of the most despicable timeshare operators anywhere in the world as you, our readers, already know from the long-running saga of Mrs B. But first on with the court news.

On Thursday last week, Canarian Legal Alliance released the result for a case at the Court of First Instance Number 4 of Marbella.

The case was brought on behalf of a German client against Marriott Vacation Club, once again the client’s contract was declared null and void with the court ordering the return of 13,392€ plus a further 21,600€ in respect of the taking of deposits illegally within the statutory cooling-off period. The courts are consistently awarding double the amount for these illegal payments as laid down by the rulings of the Supreme Court.

The total amount the client will now receive is 34,991€ plus legal interest.

In this particular trial, the presiding Judge made specific reference to the very first and groundbreaking ruling in 2015, by Canarian Legal Alliance. It was this ruling in the case of Tove Grimsbo versus Anfi, that confirmed the Timeshare Law 42/98.

In this ruling, it was confirmed that “floating weeks” (which includes points systems) are illegal, that contracts “in perpetuity” (over the maximum 50 years allowed) and the taking of any payment within the statutory cooling-off period are illegal. (See link below for the original news item).

It is clear that the Judge in this case against Marriott was following the law and the Supreme Court rulings to the letter.

The case was prepared by the Lawyers Christine Ihmann and Miguel Angel Melian Santana, with Claims Consultant Evi Richter assisting the client.

The following day yet another bank guarantee for 20,911€ was paid to the court, this is the amount awarded to the Swedish client of CLA in their case against Anfi.

The Court of First Instance Number 3 of San Bartelomé de Tirajana also declared the contract null and void following the many ruling made by the Supreme Court that contracts over the maximum 50 years duration, floating weeks and points systems are illegal along with the taking of any payments at the point of sale.

Although this bank guarantee secures the funds for the client, it is expected that Anfi will launch yet another frivolous appeal to the High Court. So until the original sentence is confirmed by the High Court, the funds will remain in the court’s account, but at least they are secured.

If they do launch another appeal, Inside Timeshare will be keeping an eye open for the result and will have another good laugh when they lose yet again!

This case was prepared and presented by the Lawyer Eva Gutierrez with Claims Consultant Michael Gadman assisting the client.

We now move to the continuing story of the practices of one of the vilest timeshare companies to be in existence, MacDonald Resorts. Our regular readers will be familiar with the long-running battle that Mrs B has had with MacDonalds over maintenance arrears on a timeshare that was “legally” transferred.

The story follows the threats from MacDonalds through various “debt collection” agencies such as Credit Network Services and to the “threats” by their “legal bloodhounds” Shepherd and Wedderburn. (See link below to the last article).

The problem as we have seen with these threats is that MacDonalds with Shepherd and Wedderburn representing them are totally intent on taking “members” to court. Inside Timeshare has been receiving enquiries from many “members” who are also facing a similar problem.

One reader has explained that they originally took over the timeshare at Lochanhully from a friend and neighbour who could no longer use or afford the timeshare membership. This was for a fixed week with an attached apartment, in other words, “real timeshare”.

When they transferred the membership into their name, they never received any notification that it had been completed, they never received any “New Member” agreement or any membership certificates. They were not even informed of any existing “exit mechanism”, not that the one allowed by MacDonalds is anything but fair!

As far as our reader was concerned they never received any paperwork to confirm their ownership, then when they received a letter telling them that MacDonalds had now moved over to the “points” system. This was a system which was wholeheartedly endorsed by Harry Taylor the then CEO of TATOC and recipient of funds from MacDonalds.

Our reader responded that they were not interested in changing to the points system and demanded that his “ownership/membership” be relinquished.

Since then they do not recall ever receiving any demands for the annual maintenance bill and have never paid anything since. Unfortunately, they mistook the lack of communication from MacDonalds as a sign that they had indeed relinquished their timeshare. They are now locked into a timeshare they cannot get out of and are now being taken to court for the arrears.

In our second case of MacDonald Resorts, this new reader is now being taken to court for arrears and their story is very similar.

They purchased a fixed week with an attached apartment at Elmers Court, which was used and enjoyed as they were guaranteed their week each and every year. Unfortunately, they suffered the same fate as every other owner, they were forced to accept the “new points” system introduced by MacDonald’s and as we have said endorsed by Harry Taylor.

Once again our readers told MacDonalds that they did not want the points and would hand back their timeshare. Once again nothing was heard from MacDonalds until recently, the same tactics are being employed by MacDonalds, intimidation and threats by their“legal Bloodhounds Shepherd and Wedderburn”.

When will the authorities begin to clamp down on the likes of MacDonald Resorts, using every means of intimidation to ensure that they do not lose members but keep cashing in their extortionate maintenance fees for timeshare people don’t want and are unable to use.

We also suspect that the vast majority of “members” of MacDonald’s are all in their latter years of life, their circumstances have changed, they are probably on pensions and do not have the funds they once had. They are more than likely unable to travel and their own children and in some cases grandchildren don’t want the timeshare. Yet they are locked in with no real way of exiting.

We also know that MacDonalds is not in a very good financial situation, it is believed that they are selling off some of their hotels and we suspect that the latest increase in the number of “members” being threatened with court, is in our opinion just a way to ensure they have an income.

In other words, it is pure greed on the part of MacDonalds Resorts, “to hell with the members they only supply us with the money!”

https://insidetimeshare.com/mrs-b-v-macdonald-resorts-the-battle-is-won-but-the-war-continues/

If you are also being threatened by MacDonald Resorts, Inside Timeshare would like to hear from you, please use our contact page and we will get back to you.

Are you wanting to be rid of your timeshare, if so and you want to find out what your legal rights and options are then please get in touch by using our contact page and Inside Timeshare will get back to you?

Marriott Payout & Abogados El Palermo the Story Continues

Welcome to the Wednesday edition of Inside Timeshare, today we report on the latest from the Courts in Malaga and the latest defeat for Marriott. We also highlight a story that has been published over the past few years, that of the Litigious Abogados Family and their various incarnations. The latest being Las Alas Abogados, over the years we now have over 120 different names for the law firms, procurators and notaries which have surfaced in this very sophisticated and well-planned fraud.

On Monday, Marriott paid over 28,934€ into the court’s account and this has now been transferred to the personal account of the English client.

The contract with Marriott Vacation Club was originally declared null and void by the Court of First Instance of Estepona, Malaga, with the court initially awarding 27,642€ a decision which Marriott then appealed against.

Marriott, unlike many of the other timeshare companies, duly complied with the court’s instructions and lodged the funds with the court immediately. Although Marriott appealed, this was their legal right, but it looks like it was just them clutching at straws.

The case itself has only taken 16 months to conclude from first being presented, this does really show that these appeals are lodged with only one purpose in mind, to delay proceedings for as long as possible. The hope we believe is that with these long waits for cases it will put others off from launching further cases.

The case was prepared and conducted by the Canarian Legal Alliance Lawyer  Oscar Salvador Santana Gonzalez, with Claims Consultant Jake Kaiser assisting the client through the procedure.

We now move to a story which originally began around 10 years ago, our reader was originally contacted by Solutions SL, this “company” has been around for a long time it has used various names in the past such as Simple Solutions. The company is registered with Spanish Company records as XYZ Solutions SL, Company Registration Number B76558519.

The address they have used in the past is:

Avenida Del Claudio Delgado Diaz 101, Las Chafiras, San Miguel De Abona, 38620.

Their registered address is:

Avda Del Sur S/n Edificio Ocean Golf And Country  38002  Santa Cruz De Tenerife

They used the website:

www.consumeract75.co.uk

They are also known for their email address: [email protected]

When Inside Timeshare first came across this company they were in the process of contacting consumers who had purchased the Designer Way Vacation Club from Incentive Leisure Group and the Personal Travel Group with promises of making a claim. This is how our reader first became involved.

We now come forward a few years to early this year, when our reader received notification from Grupo Perez Alonso, which is part of the “fake” El Palermo Abogados, which also included a “fake” court document showing that DWVC, Incentive Leisure Group, Personal Travel Group and the directors have been indicted and the amount of 32,000€ has been filed as the claim.

Well, considering that all these companies were closed down years ago and the Owner/Director Gary Peter Lee was killed several years ago in a cycling accident, it makes us wonder how he ended up in court?

In order for the case to be filed and being able to receive this bumper payout, there is a fee to be paid to Pérez Alonso of 768€, this has been reduced by negotiation by Julia Garcia of Solutions, as our reader is elderly, to just 695€!

Wow, that is a “massive” reduction, so very generous!

We now move to the point where the next part of the “sting” comes into play, the court hearing has been held, but this was in “camera”, not sure why as there is nothing which would warrant a closed hearing. Obviously, the outcome is just what we expected, they have all been found guilty and the 32,000€ has been awarded. Below is the “fake” court document sent to our reader.

The next stage has now been set, along with the “fake” court document is a photocopy of a cheque made out to our reader for 32,000€. It has been drawn on a La Caixa cheque, the only thing is that it is fake. The IBAN Number is false as have all the previous ones. Below is a copy of the email sent to our reader and a copy of the cheque and also the IBAN check results.

From: Amador Colatamo <[email protected]>

To: [email protected]

Date: 07 October 2020 at 15:46

Subject: Santa Cruz Compensations

Dear Mrs XXXXXX,

We are glad to inform you that we have this morning received, from the Courts, a certified copy of your cheque for the amount of 32,000€. A copy of which has been attached.

The compensation was meant to be remitted by International bank transfer, but due to the numerous cases they had at the Santa Cruz Court, they issued the payment in cheque form. This only means losing a few pounds when you deposit the Euro cheque in a Sterling account, but after all, we are very pleased that this has all come to a successful conclusion.

The Court Judgment for your compensation and the relevant tax documents have also been received on the 1st of October and posted to you on Friday the 2nd of October and we trust those should be with you soon.

Once the tax element has been met, our Lawyers shall finalise the tax logistics in order for the courts to release your compensation cheque and it will be posted to your address and should arrive to you in 5-8 working days, from the day it has been posted.

Assuring you of our best attention at all times, we would like to take this opportunity to thank you for your involvement thus far and send you our best regards.

Yours sincerely,

Amalia Lalamo Adiario

Departamento Legal

This email is confidential and intended for the named recipient only. If you have received this email in error, please notify us immediately and delete the email. You must not copy, distribute, disclose or take any action in reliance on it. This email message and any attached files have been scanned for the presence of any computer viruses.

© 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados.

European Union Data Protection Directive 95/46/EC

As you can see from the above email, a tax must now be paid in order to release the cheque, they have even obliged the “client/victim” by sending them a “Tax Form” already made out for the amount of 372€. Although the amounts being asked for are small, there are many of them to be made and they all soon mount up.

The main part of the “sting” is yet to come, had our reader paid this money, they would have received a jiffy bag by post with a letter from the court and the cheque attached. The only problem is the cheque is missing, enter the new company.

This company has been appointed by the court to investigate the missing cheque, which it turns out has been stolen by a gang of East Europeans and cashed. To add credibility they will claim that 16 or so post office workers have been arrested for conspiring with the criminal gang to steal the cheques. In order to get this money back, the new firm will require payment of between 10 & 20% of the cheque value, apparently, this will be reimbursed once the money has been recovered and paid out.

Previous opened envelope where the cheque was missing

At least our reader decided to make some enquiries before paying any more money and found Inside Timeshare. So at least they have only paid a small amount along with what they paid to Solutions in the first place.

The scenario of this fraud is the same as it has been for all the incarnations of these fake law firms right from the start. It is only the names that have changed.

When you begin to add up the total cost some people have paid it begins to run into the thousands. The list of crimes is getting ever longer, from falsifying court documents, cheques, notaries, procurators all the way to using photographs of people such as the Ambassador of Azerbaijan to Argentina, a Senior Judge on the California District Court, the late president of Venezuela and the latest Las Alas Abogados using the current President of Mexico.

This is a fraud which has been able to keep one step ahead of the authorities, and has over the past five years defrauded hundreds of thousands from unsuspecting timeshare owners. This story is a very good example of why you should always check any information you receive from any company that contacts you and not just believe what they say because of the huge sums they claim you have been awarded or can get.

DO YOUR HOMEWORK, YOU KNOW IT MAKES SENSE.

An earlier article on Solutions.

https://insidetimeshare.com/solutions-group-still-going/

Litigious Abogados Family Previous Articles.

https://insidetimeshare.com/?s=litigious+abogados+family

Origanl Article on El Paloma Abogados.

https://insidetimeshare.com/another-new-name-added-to-the-litigious-abogados-family-a-name-from-the-past/

Marriott: Timeshare versus Independent Booking

Welcome to the start of another week with Inside Timeshare, last week we published the article on booking Diamond Resorts via independent booking sites such as Booking.com, Hotels.com and many more. Today we have a look at Marriott Hotels and Resorts, the average maintenance fee each year for a 1 week in a 1 bedroom apartment is around the 1,100€ mark. Most are paying considerably more depending on whether they are Silver, Gold or Platinum membership. We also have the same complaint of no availability, could this again be due to non-members being able to book?

In our general search for Marbella Beach Resort located on the Costa del Sol, we have found prices ranging from 62€ to 119€ per night. Even using the most expensive price this is only 833€ for the week, this is only 29.75 per person per night based on 4 adults sharing. 

This is quite a considerable saving compared to the cost of the annual maintenance fees along with the considerable initial cost of purchasing the timeshare.

Another booking we found for Marbella Beach Resort at Club Playa Real for a 1 bedroom sleeping, 4 adults for one week was a paltry 483€. That is only 17.25€ per person per night, again you would not get a Travel Lodge for that.

When we now consider the initial costs of purchasing a membership with Marriott Vacation Club which on average will cost between 15 to 30 Thousand Euros per week, depending on the membership level, timeshare doesn’t look like the value for money most are told at the point of sale.

The question we must ask is why can non-members who have not laid out huge sums of money along with annually rising maintenance fees, be able to book cheaper than the members?

It is also a fact that many of the complaints regarding not just Marriott but other timeshare resorts is the subject of availability. We know that points and floating weeks systems are illegal and it is these systems which cause the problems. With the traditional fixed week in a fixed apartment, you own that week, it is yours and the resort can only sell 51 weeks in each apartment. With points and floating weeks, you own nothing but a membership to a club, which has an unlimited membership, with the accommodation being “subject to availability”.

Since publishing the article on Diamond, we have received a promotion being run by Diamond offering 20% discount at various resorts. The promotion is aimed at families, it is also obvious that it is also aimed at non-members, after all when have any discounts been aimed at members?

It should now be very obvious to all timeshare owners that all you were told when you purchased is nothing but hot air. That you were joining an “exclusive” club where only members or their guests were able to use the resort. Purchasing a timeshare would be cheaper than booking by conventional means, that is obviously not the case.

Do you own with Marriott or any other timeshare, did you purchase in Spain after 5 January 1999, do you have floating weeks or points systems with a contract longer than 50 years?

Would you like to know where you stand legally, if so please use our contact page and Inside Timeshare will get back to you?