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Mindtimeshare

Wednesday News: Another New Fake Lawyer and More Woes for Anfi

Welcome to our Wednesday edition of Inside Timeshare, today we have a look at yet another “fake” law firm to emerge, once again it appears they are using the name and details of a genuine lawyer to give themselves credibility. This is another example of the theft of someone’s identity to commit fraud. We also have a look at the latest case involving Anfi in the High Court and a look at yet another article on the Tauro Beach Project.

First, we have a look at yet another “fake” law firm to rear its ugly head, during our usual morning search of the internet, we found this on the Mindtimeshare website, so Inside Timeshare decided to delve a little deeper into this “Law firm”.

The firm is called Cabrera Ayala Abogados with the website:

https://cabreraayala.com/

This was registered on 4 May 2020 and is due to expire next month on 4 May 2021, so again only registered for a short time. The registrant is also hidden so there is no clue as to who is behind the website.

The given address on the website is:

Calle Alejandro Casona 22 4B 28035 Madrid España

Email Adress:

[email protected]

Telephone: +34 931 845 020

Now considering they claim to be in Madrid, 931 just happens to be the code for Barcelona.

Mobile: +34 603 365 063

The information also includes the following information

Cabrera Ayala Abogados

With the Colegio de Abogados de Madrid registration number:

Colegiado nº 63893

On checking the Censo de Letrados, which is the register of all licenced and practising lawyers in Spain, we find that the actual lawyer is Jose Luis Cabrera Ayala. The address given on the registration is Calle Alejandro Casona 3 12 28035 Madrid. As you can see the address is in the same street but the numbers are different.

It is also noticeable that the mobile number given for the Genuine lawyer is +34 626 312 905, again different to the one shown on the website.

Doing a search for Jose Luis Cabrera Ayala came up with some very surprising information, this is a lawyer who seems to have a very respectable reputation and specialises in Sanitary Law, (health), so nothing to do with timeshare law or contracts. This information came from Emerita Legal, see link below.

https://www.emerita.legal/abogado/jose-luis-cabrera-ayala-84087

There is also a Linkedin page for this lawyer which also shows his rather illustrious career.

https://www.linkedin.com/in/jose-luis-cabrera-ayala-564a96177/

It is absolutely clear that whoever is behind this website has stolen and is using the identity of a respected lawyer for fraudulent purposes.

Again this enforces the point that you must be very careful when dealing with any company or law firm that contacts you or that you have found on the internet.

High Court of Las Palmas

Moving on to Anfi, they have once again lost another case in the High Court Number 5 of Las Palmas, yet another of their appeals to go down the swanny.

The original case brought on behalf of the Norwegian Client by Canarian Legal Alliance was heard in the Court of First Instance Number 2 of San Bartelóme de Tirajana. The contract was deemed illegal and declared null and void, the court also ordered Anfi to repay the client 48,197€ plus legal interest.

As was expected by the lawyers at CLA, Anfi lodged another appeal to the High Court, CLA Lawyers also launched an appeal of their own. This appeal was regarding the payment in double of deposits illegally taken within the statutory cooling-off period in line with the law and the rulings of the Supreme Court, due to the Court of First Instance who appeared not to have taken this into account.

The High Court as expected rejected and dismissed the appeal by Anfi and upheld the original sentence. The judges also accepted the appeal by CLA in regards to the doubling of the illegally taken payments, increasing the award by 45,654€ bringing the total to 93,851€ plus legal interest.

The case was prepared and presented by Eva Gutierrez with Caroline Castro assisting the client.

Yesterday, the TCA (Timeshare Consumer Association) published a short article on the Anfi Tauro Beach Project, a story that Inside Timeshare has been following for a number of years. In this article, they explain the long-running battle over this project with not only the local citizens but also the authorities.

The project has now been well and truly cancelled, it now remains to be seen if it is ever resurrected in the future or if the beach will be returned to its original state. Obviously Inside Timeshare will be keeping an eye on any developments and let you know.

If you require any information on any company regarding your timeshare or you would like to know your legal options be they a claim or just relinquishment, please use our contact page and Inside Timeshare will get back to you.

Mid Week Review: Mindtimeshare Post and Marriott Payout Voluntarily

Well, here we are, halfway through the last week of February and it has been quite a month for news from the courts, with Anfi appeals being systematically dismissed and others such as Palm Oasis and Marriott paying out without all the problems. Yesterday we also highlighted one case against Marriott with the story of one family’s purchase. This story certainly showed how misleading sales presentations can be and it also highlighted the problem of availability and then the ability to be able to book independently online, often cheaper than the annual maintenance fees.

First, we must address a post on the blog site Mindtimeshare.

On 17 February, Inside Timeshare published the article “Anfi and the Tui Connection: Are Tui Liable for Court Claims?”

This looked at a question that is being asked in legal circles, it is still under debate and the possibility is being investigated by various lawyers. The article did not as Mindtimeshare would have you believe say that Tui was liable for paying out on claims while they controlled Anfi.

The article clearly showed that Tui who was in control of the “Board of Directors” were at the time responsible for the decisions of all companies within the Anfi Group and that includes the sales departments. Although they are registered companies in their own right, they are still part of the Anfi Group which was controlled by Tui at the time, the same as the Cazorla Group are now. So the question still stands.

It is obvious that the person writing for Mindtimeshare has absolutely no idea what they are talking about.

Their article is insinuating that the purpose behind the article is to “confuse” owners into making “spurious” legal claims. The purpose of the article is to inform people of legal questions and issues which are being raised, discussed and investigated. The article did not say that Tui was liable, it asked the question “could they be liable”.

Mindtimeshare has taken out of context in their blog this quote “This may also mean they are also liable for the claims against Anfi…”

(Obviously not a native English speaker!)

The full text is:

“Although Tui is no longer a shareholder at Anfi, they are legally responsible for the sale of the contracts which are illegal under Timeshare Law 42/98, sold under their watch as the controlling body of Anfi Group.”

“This may also mean they are also liable for the claims against Anfi which amount to over 48 million euros.”

Again it is posing a question, could they be liable in law?

They also state in their blog a point they have used for many years, that “Cold Calls” are “illegal” and not allowed under current Data Protection Law. Cold calls are not illegal, they are a recognised marketing tool and used by many industries. There are very strict rules which call centres must abide by, there are also rules on the data that is used. It must come from a legitimate and verifiable source, the information that they hold is also limited. Unsolicited emails, text messages etc are not allowed, emails can only be sent with the permission of the person being called. The information gained on these calls also cannot be passed to any other third party without the express permission either in writing or via a recording of the call by the “potential client”.

Once again we see Mindtimeshare confusing people with their half baked blogs, it appears they are also struggling to find anything to write about. Recently their posts have been gleaned from other sources and most are what can be called old news.

Alberto Garcia, is he back at the helm?

So again we have to ask the question, who is behind Mindtimeshare now, is Alberto Garcia back in control?

How are they being funded now?

What are they doing with all the data they have collected from “consumers” over the years?

These are very legitimate questions, after all for years this blog site was in the pay of the industry, with Silverpoint and Anfi being major contributors to the funding body the RDO.

Are they still being influenced by this?

On this point of data, Inside Timeshare does not share any readers details when they make an enquiry to any third party. Inside Timeshare will try to answer the questions and if the reader asks for a recommendation of who to go to, then we will give one. It is then down to the individual to make contact with the recommended firm unless the reader expressly asks for Inside Timeshare to make contact on their behalf and this must be in writing to conform to Data Protection.

Moving now to Marriott, yesterday we published the story of one family’s legal battle with Marriott, they have won their case and are just waiting for the payment to be made to the court and then receive this money into their own account.

Just after publishing the news came in about another case against Marriott at the Court of First Instance Number 4 of Marbella, which has now had a very satisfactory conclusion.

The court declared the contract null and void, also ordering Marriott to repay 34,992€ back to the client.

The case was heard in November 2020, with Marriott “VOLUNTARILY” paying the money into the court. These funds have now been released by the court and are now safely in the personal account of the German client, who no doubt is celebrating.

The companies named in the suit are MVCI Management SL and MVCI Holidays SL.

This has taken just 3 months and is one of the fastest payouts that we have seen for some time, this probably due to the fact that Marriott being responsible to their shareholders did admit to losing in the Spanish Courts and had already set aside over $16 million to cover these expenses.

Anfi, once again take note!

The case was prepared and brought on behalf of the client by the Canarian Legal Alliance Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Evi Richter assisting the client through the process.

We now wait and see if Marriott does the same with the case we highlighted yesterday, we suspect there will be news on this in the very near future.

If you have any questions or comments on any article published or just want to know if whoever has contacted you is genuine, please use our contact page and Inside Timeshare will get back to you.

End the Week

Welcome to the end of another week with Inside Timeshare, we began this week with the article “Genuine Company Names Used in Timeshare Scam”. This is something that is very worrying to consumers, especially when it comes to checking on the “company or law firm”. Another example of this is shown below. On Tuesday we published some news from our friends in the US and yet another lawsuit being filed against Diamond Resorts. The one thing that puzzles us at Inside Timeshare is considering the number of complaints and lawsuits being filed against Diamond, how the hell are they getting away with it? We think it is the fact they have more money (your maintenance fees) to pay hundreds of lawyers to do their dirty work, we leave you to decide on that answer.

Wednesday was a rather sad day as we paid our respects and published our tribute to Captain Sir, Tom Moore. It is the story of a truly remarkable man, that at the ripe old age of 100, he still had the “get up and go” attitude and came once again to the service of his country.

Yesterday, we published a story brought about by a very strange comment posted on our website, it is about a fake law firm operating out of Mexico. The comment was from one person who claims that they won her case and she has been paid! This, considering the evidence clearly gives the impression that she is part of the operation. Again we let you the reader decide on this.

We also brought you the latest news from the courts in Gran Canaria and the constant appeals by Anfi, we publish the latest case to come in below.

First, we have a quick look at the problem of genuine names being used by the scammers in order to confuse. We highlighted this in Monday’s article, where a genuine company with no connection to timeshare has had their name used to open up a bank account by a scam outfit.

Yesterday Mindtimeshare published an article on a “fake law firm” operating (possibly) out of Madrid. The name they are using is Geros Abogados, which is the name of a genuine law firm registered for 13 years and based in Madrid.

According to Mindtimeshare, this law firm has nothing to do with timeshare or timeshare litigation.

Although their information is a little thin, they did, however, publish the email address the “scammers” are using:

[email protected]

This is a free email provider and not linked to any website which we would expect any genuine law firm to have. We have seen the use of Gmail, consultant.com and even Hotmail addresses being used, this is a sure sign that the company may not be genuine.

One thing they did also publish was an extract from the letter sent by the fake law firm, It is one that we have seen used before from “fake law firms” supposedly based in Madrid, maybe these are the same people as before.

“The accusations of fraud by way of deception, gross miss-conduct and mis sold products and services”.

Once again, this is a very stark reminder of how careful you must be, it is not just a case of searching “google” and seeing them listed, that is the whole point of using a genuine name, to confuse you the consumer.

Yesterday we published news of three cases against Anfi, not long after publication news came in of yet another dismissed appeal by the High Court against Anfi.

The case was originally heard at the Court of First Instance Number 5 of San Bartelomé de Tirajana, where the court declared the client’s contract with Anfi null & void.

The client was also awarded 78,850€ plus legal interest and legal costs, we also believe that this amount included double the deposit paid on the day which is illegal under timeshare law.

As usual, Anfi decided to cause the clients more stress by lodging another frivolous appeal with the High Court.

Yes, you have guessed it, the High Court dismissed the appeal and confirmed the original sentence of the Court of First Instance. The case has been returned to this court for execution of sentence, once we receive the word that the client has received their money we will publish here.

The case was prepared and the client represented in court by lawyers of Canarian Legal Alliance.

Once again we see Anfi using tactics designed to delay or even avoid paying what they have been ordered. Their excuse that there is no money in the accounts is not holding up any more, after all, they seem to have more than enough money to pay their lawyers to conduct all these appeals. We just wonder where this money is coming from, could it be your maintenance fees being diverted?

More on this in another article, for now, we leave you the reader to decide.

That is all for this week, if you have any questions or comments on any article published or you would like to know your legal position with your timeshare contracts, then please use our contact page and Inside Timeshare will get back to you.

Have a great weekend and join us next week for more information on the murky world of timeshare.