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Morales Maxwell

The Tuesday Slot

Welcome to the first Tuesday Slot of the year, today have a look at the re-emergence of our old friends at Mindtimeshare. As we know they stopped publishing in November 2019 but came back recently, the unfortunate thing for them is that their news and information is not what you could call reliable. There is also a message for all members who purchased a timeshare through Azure Resorts in Malta, using Barclay Partner Finance loan agreements brokered by the sales staff, more on this below. We begin today with yet another blow and it is a huge financial one for Anfi.

Yesterday the High Court released their ruling on yet another appeal by Anfi against the sentence and ruling issued by the Court of First Instance Number 2 of San Bartelomé de Tirajana.

In the original ruling, the court of SBT declared the Anfi contract null and void, which is what we have now come to expect in all cases, the court also awarded the Norwegian client 105,061€ plus legal interest and the return of all legal costs.

This huge award has been calculated that the clients be repaid 46,031€ which is what they originally paid for their timeshare. The court also added a further 59,030€ to be paid back, which is double the amount illegally taken in deposits during the statutory cooling-off period.

The High Court agreed with the ruling and sentence of the Court of First Instance rejecting and dismissing the appeal confirming the original sentence. The case is now back for the execution of the order which, as we have already seen in past cases, has a “provisional execution order” already in place. So we hope that this client has a speedy payout.

The case was prepared and presented by the Canarian Legal Alliance Lawyer Oscar Salvador Santana Gonzalez with Claims Consultant Michael Gadman assisting the client throughout the process.

We now move to the continuing saga of the Financial Conduct Authority and their validation order to “legalise” loan agreements made by Azure Services Ltd. This company brokered loan agreements on behalf of Barclay Partner Finance yet they were not an “authorised” agent.

This has affected over 1,400 clients, whose loans were not enforceable under the law if the client defaulted on the loan. With the validation order, these loans were effectively legalised and BPF could enforce payment through the County Courts in the event of a default.

Although the FCA has issued a validation order, this is now subject to appeal as it appears that no client detriment was taken into consideration.

A group has now been formed on the following Facebook page:

https://www.facebook.com/groups/1152657598482168

If you would like to know more or join the group in their appeal then please do check this page out and join. (See below for links to previous articles).

We now move to Mindtimeshare, as you all know, Mindtimeshare went through quite a dramatic couple of years following Alberto Garcia’s demise with the subsequent removal of funds from the RDO.

Due to financial constraints, Mindtimeshare stopped publishing back in November 2019, they re-emerged only back in December 2020, just over a year without publication.

Obviously being out of circulation for that amount of time has left them well behind on all the scam operations, this is seen by some of the posts published over the past couple of weeks. Most of the “fake” law firms they have highlighted were the subject of several articles published by Inside Timeshare months ago.

Two, in particular, stand out, Morales Maxwell and Suarez and Simpson, both were highlighted for the first time in June and July 2020, with all websites working and a barrage of “cold calls” and unsolicited emails.

Unfortunately, by the time Mindtimeshare began publishing, these two have seemed to have disappeared into thin air with their websites no longer functioning.

The other cause for concern is their publication of a “fake” law firm Century Abogados, which had begun an email campaign targeting Eze Group members. They are using the following email address:

[email protected]

All credit to them for highlighting this “fake” law firm, but, unfortunately, it seems that their research has not been carried out completely. According to their article, there is no law firm or offices with the name Century Abogados.

There is a firm based in Malaga, with offices in Torremolinos, Marbella, Madrid and Barcelona, they use the website:

https://www.centuryabogados.com/

Which was registered on 5 May 2015 and is due to expire in May 2024, not the usual length for a scam company.

Entrance to the Malaga Office of Century Abogados

Inside Timeshare has contacted them and confirmed they are a genuine law firm with no interest in timeshare matters.

In fact, there is plenty of information on this law firm when searching the internet such as the one below:

https://www.elabogado.com/century-abogados-malaga/sedes/

As we said, all credit to them for highlighting the emails as being “FAKE”, but their research has let them down somewhat and this could have some serious consequences for the law firm as well as Mindtimeshare.

Inside Timeshare has also received this picture from a reader which appears to come from Mindtimeshare:

Well, all we can say is now we know where some of your new stories have originated and actually thank you for publicising Inside Timeshare, if Mindtimeshare is following, then we must be doing something right in our research!

That is all for today, please remember that in Spain, tomorrow is the Day of the Kings and is a public holiday, so unless some important news appears over the course of today there may not be an article tomorrow.

https://insidetimeshare.com/fca-validate-azure-bpf-loan-agreements/

https://insidetimeshare.com/fca-validate-bpf-azure-loans-update/

https://insidetimeshare.com/timeshare-loan-agreements/

Demands for Payments and Threats by Fake Law Firms

Inside Timeshare has been receiving many emails from some very concerned readers regarding demands for payments. These have included demands from the “FAKE” law firms that we have highlighted. These have also included threats of taking legal action against the “client” from our old friends the Litigious Abogados Family, CUC Abogados.

We begin with CUC Abogados operating out of Tenerife, on 30 July, we published another warning about this lot, from one reader who has lost thousands of pounds. Unfortunately, this reader was taken in by the very slick operation these crooks have concocted. These include “FAKE” court documents, “FAKE” Procurators and even “FAKE” Notaries based in the UK.

It all began when he received a “cold call” regarding his Westgate (US) timeshare, that they were being taken to court along with the director. As he purchased in the US, the Spanish Courts do not have any jurisdiction. It later turned out the case was against Incentive Leisure Group, DWVC and Personal Travel Group. As we know these companies no longer exist and have also been used before by not only CUC Abogados but all the previous incarnations we have named the Litigious Abogados Family.

Although we did not name him, CUC Abogados knew full well who he was due to the case. After the article was published they telephoned him and threatened his partner and told her that;

“the payment (non-existing) would now be stopped, and they will be taking me to court for slandering their name.”

This is not the first time this has happened, it has also happened with previous incarnations of this CRIMINAL GANG.

What a complete joke, a FAKE and FRAUDULENT operation threatening legal action for Slander! Should that not be Libel as it was written and they are supposed to be LAWYERS!

Yet Inside Timeshare has not even received any emails with any threat of legal action from CUC Abogados and it was published by Inside Timeshare!

We wonder why?

Well, our reader has not been rattled by this, although it may have caused some distress to his partner, he has just shrugged it off and is only pleased that his information may just help others to not get “stung” by this disgusting bunch of “CRIMINALS”.

We now move to Suarez and Simpson who we began to highlight on 18 July, this is yet another “FAKE” law firm operating out of the Costa del Sol, claiming to be working with the Màlaga High Court. They have even used the name of a Judge, who we as yet are not sure if he is genuine or fake, His Honorable High Judge Dr Jose Mario Savantes. Enquiries are ongoing. This name is also being used by another “FAKE” law firm Morales Maxwell, which along with identical Modus Operandi and “FAKE” documents leads us to believe are the very same people.

We must also point out that the use of genuine names without their knowledge is a very common practice, this helps to convince people that the “law firm” is genuine if any searches are made.

Below is an example of this on the right is one of the “supposed founders of CUC”, next to it is the actual person whose identity has been stolen. Notice it is the same photograph but reversed and turned into monochrome in an attempt to stop any identification. Sorry CUC, it didn’t work!

Our latest information from a reader who contacted us this morning has been informed by Internal Transfer Investigations in London, phone no 0203 7692195;

“that award waiting for me but has “embargo” on, with a time limit of 5 days to sort out and to ring Maria Rodríguez at Courts of Malaga on 0034 604189749”.

If our reader did not pay the “LEGAL” fees by this Friday, the “embargo” would not be released and they would not receive the “Bankers Draft”.

Please note that the telephone number for Maria Rodriguez at the Courts of Málaga is a Spanish mobile telephone number, these would not be used by court officials.

So far we have not been able to identify any firm or organisation called Internal Transfer Investigations, but we have had the number checked and so far over 13,000 enquiries have been made. All have considered it a “Dangerous” number. The link below is from the website Who Called Me and shows those enquiries with another entry in Who Called Me UK .

https://who-called.co.uk/Number/02036277695

https://whocalledmeuk.co.uk/phone-number/2037692195

This link below explains the 0203 number, please also be aware that many genuine companies do use this configuration of London numbers.

https://www.lovemoney.com/news/28892/0203-code-phone-number-scam-cost-who-owns-this

One company that sells 0203 telephone numbers

https://www.switchboardfree.co.uk/0203-numbers/

These stories from our own readers are a very stark reminder of how vigilant you must be when being approached either by phone, email or post by any company or law firm. Especially if they are claiming they are either holding vast sums of money awarded by the courts on your behalf or that they are or have taken your timeshare company or other holiday product such as DWVC or Club Class to court.

The information is out there on the internet, you just have to know where to look, so it is vitally important for you to do your homework. If you are not familiar with searching for information and need help, please use our contact page and Inside Timeshare will get in touch. The chances are we may already be aware of them.

REMEMBER PROTECT YOUR MONEY AND DO YOUR HOMEWORK!

UPDATE RECEIVED

Regarding our article published yesterday on Global Timeshare Legal Experts, Inside Timeshare received an email from the TCA (Timeshare Consumer Association) to inform us that cases and sentences published by ECC and M1 Legal have also been “Cut and Pasted” from their website. We just wonder how many more have also been used and not published but sent to clients as their own?

Friday Roundup

Welcome to the end of another week with Inside Timeshare, today we have a roundup of this week’s articles, news from the courts and a rather interesting item which Diamond Resorts Owners Advocacy Facebook page posted. It has been a rather busy week with some new “claims” companies and “law firms” making an appearance. It also looks as though the law firm Canarian Legal Alliance has had some great results for their clients this week.

First, we begin with yet another “fake” law firm to rear its ugly head in an attempt to lure timeshare owners into paying thousands for non-existent claims and lawsuits.

On Monday we published information on Suarez and Simpson, supposedly based in Málaga and targeting ex-Club Class members. The wonderful news is their claim has now been settled by the Málaga courts with His Honorable High Judge Dr Jose Mario Savantes presiding.

Not bad considering there is no record of this “law firm” or any cases against Club Class, it is also a fact that their website was only registered on 30 June 2020 and is registered for only 1 year. Yet, they show several “wonderful” testimonials from very grateful clients!

This “fake” law firm can also be linked to another highlighted over the past weeks, Morales Maxwell. The reason we believe they are linked is the Modus Operandi, the documents they produce and also they name the same Judge, His Honorable High Judge Dr Jose Mario Savantes.

It has also been pointed out by the TCA that both websites appear to have been cloned from a genuine law firm called Carbray Abogados, this law firm was founded in Barcelona in 2007 by Damián Carmona and is duly registered as a company with CIF: B65367575.

We then identified yet another new cold calling “claims” company operating out of Tenerife, Demi-Guni SL. Again, the website was only registered on 13 May 2020 and is registered for only 1 year due to expire on 13 May 2021.

As we stated in our articles, could this be another “fake” claims company or could they actually be genuine and just jumping on the bandwagon? With the website only just having been registered and for only 1 year, does not instil any confidence.

https://insidetimeshare.com/another-dubious-company-lawyer-emerges/

https://insidetimeshare.com/demi-guni-sl-update/

We now move on to the latest results from the courts with news from Canarian Legal Alliance.

On Monday 20 July, the High Court of Las Palmas, Gran Canaria, dismissed another two appeals by Anfi against rulings made by the Court of First Instance, San Bartelomé de Tirajana. Once again the High Court fully endorsed the rulings that the contracts were illegal confirming them to be null and void.

The clients from Norway and Denmark were assisted by the CLA Claims Consultants Jasmin Erhard and Michael Gadman with the case being prepared and presented by the Lawyer Miguel Angel Melian Santana.

The clients are now set to receive over 87,000€ plus legal interest.

On Tuesday 21 July, another Danish client was awarded over 17,000€ with their contract being declared null and void.

This case was against Holiday Club Canarias Sales and Marketing SLU and took just 8 months from the case being presented and the court declaring the contract null and void, ordering Holiday Club Puerto Calma to repay the money.

The interesting point is there was no appeal, no delaying tactics and within 4 months of the case the money has now been deposited into the accounts of the CLA Barristers ready to be paid out to the client. A very speedy result indeed.

On the same day from the Courts of First Instance of SBT, another two Anfi clients had their contracts declared null and void with Anfi being ordered to repay in full their purchase price including legal interest.

The Lawyers of the CLA Execution of Sentence Team have already filed a provisional order of execution in order to stop Anfi from “redistributing” funds in order to avoid payment. It is expected that Anfi will appeal this sentence as they use this tactic to delay paying. Although it is their right to lodge an appeal, given the attitude of the High Court it is more than likely the High Court will once again dismiss the appeals and confirm the sentence of the First Court.

The Norwegian and Swedish clients were assisted by Michael Gadman, Claims Consultant and the case being prepared and presented by the Lawyers Eva Gutierrez and Himar Iglesias Perez.

The following day 22 July, it was the turn of Silverpoint Vacations SL to have their appeal at the High Court of Santa Cruz de Tenerife dismissed. The High Court upheld the decision of the Court of First Instance of Arona that the contracts were null and void and the repayment of over 17,000€ plus legal interest to the English Client. CLA will now submit the case to the Mercantile Court for the recovery of the funds.

The clients were assisted by CLA’s Claims Consultant Jake Kaiser with the case being prepared and presented by the Lawyer Oscar Salvador Santana Gonzalez.

Yesterday, 23 July, in another case at the Court of First Instance of SBT, another Anfi client had their contract declared null and void with the court ordering the repayment of 32,473€, which includes double the amount of the deposit paid within the statutory 14 days cooling-off period. They have also 

They have also been awarded legal interests and their legal costs which will increase the amount they will receive, with yet another provisional execution order being prepared. No doubt we will see Anfi lodging yet another frivolous appeal in order to delay payment.

The client was assisted by the Claims Consultant Michael Gadman with the Lawyers Eva Gutierrez and Aroa Farray Martin preparing and presenting the case.

Once again this is good news for clients who are waiting for their own cases to be heard.

The Diamond Resorts Owners Advocacy Facebook page posted an article from the Washington Post published in October 2019, this article reported on the losses his organisation made on their two golf courses located in Scotland during 2018. It also mentions the case which President Trump (Mr Trump at the time) brought against the Scottish Government over plans to construct a wind farm off the coast of Aberdeen, which is where his golf courses are located.

The Trump organisation lost that case and was ordered to repay over £200,000 in court costs to the Scottish Government. The Trump Organisation refused to pay it and as far as we are aware this still has not been paid.

This, unfortunately, is to the cost of the Scottish taxpayer, in our mind, this is not right and this should be paid. The sad thing is it seems to have been forgotten but Inside Timeshare publishes these following links so you the reader can see the full story.

The Washington Post

https://www.washingtonpost.com/politics/losses-deepen-at-trumps-scotland-properties-new-financial-reports-show/2019/10/08/08ddf890-e9d4-11e9-bafb-da248f8d5734_story.html?fbclid=IwAR1nIruV3A6bsY6a-LhnK1cCrDqiLloGswPF0aey7MY67qWeqh315gpx6B4

Quartz (qz.com) 2018

https://qz.com/1291269/the-scottish-wind-farm-donald-trump-tried-to-block-is-now-complete/

The Guardian 2019

https://www.theguardian.com/us-news/2019/oct/08/trump-organization-rejects-legal-bill-after-losing-windfarm-court-battle

The Independent 2019

https://www.independent.co.uk/news/uk/home-news/trump-scotland-wind-farm-fight-payout-golf-course-a9201096.html

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

DO YOUR HOMEWORK BEFORE ENGAGING WITH ANY COMPANY!

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