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Mrs B

The Tale of Mrs B and MacDonald Resorts Continues

For those readers who have been following Inside Timeshare over the past few years, you will remember the story of Mrs B and her battle with MacDonald Hotels and Resorts. Mrs B made contact in 2016 after receiving threatening letters from MacDonald Resorts regarding her timeshare membership at the Dona Lola Club on the Costa del Sol and the maintenance arrears. Despite all efforts to resolve the situation MacDonald Resorts refuses to budge and the story is now getting worse.

The story begins many years ago when Mrs B and her sister both in their 60’s and 70’s ended up on a presentation at the Dona Lola Club. After a rather long presentation, they decided to purchase, even though they already owned at Oasis Lanz in Lanzarote.

For several years they used the timeshare and were very happy with the resort, but circumstances changed. Due to severe medical issues, they were unable to travel and no longer used the timeshare. They continued to pay the annual maintenance fees as soon as the bills arrived even though they were not using it.

Then in May 2014, they were contacted by a company who told them they could relinquish their contract. Everything was explained to them and Mrs B paid £5695 to this company to do the work for them. This included relinquishing both Dona Lola and Oasis Lanz.

In May of 2015, they received notification that both timeshares had now been transferred to the name of another person. (Inside Timeshare has his name, address and passport number, he even shows on the electoral register).

The notification included copies of the document duly signed by a registered notary in Spain that the timeshares had been transferred.

It was not until the maintenance bills kept arriving with demands for payment of arrears that they found out that unlike Oasis Lanz, MacDonald Resorts did not recognise the transfer. According to MacDonald’s Mrs B and her sister were still liable for the maintenance fee each and every year.

Oasis Lanz

Eventually, they began receiving demands from a debt collecting agency called Network Credit Services threatening court action if the arrears were not paid. Inside Timeshare contacted this company on behalf of Mrs B and they refused to acknowledge that the debt was in dispute and they had no legal basis to continue the recovery.

Now the story moves on to this year, Mrs B has now received even worse threatening letters from another debt collecting agency, Shepherd and Wedderburn.

In this letter, they once again threatened legal action to recover the debt and have also included copies of County Court Judgements made in favour of MacDonald Hotels and Resorts. To say the least, this is intimidation at its worse.

Now what you must remember is that both are now very elderly with Mrs B aged 93. Both are virtually housebound and have alarm systems in place in case of an emergency. They both live off their pensions and cannot afford to pay the arrears which no amount to over £5,000 which includes interest court fees and legal fees.

MacDonald Resorts want them to pay the arrears before they will even contemplate allowing them to surrender their membership and then they will want 4 years worth of maintenance fees upfront. This will amount to over £10,000.

MacDonald Resorts are no strangers to the press, Tony Hetherington amongst others has published numerous articles on how they behave. One article highlights one story titled “The timeshare contract that even death will not save you from.”

Inside Timeshare is working with Mrs B and one of her neighbours to once again try to resolve this dispute. We will keep you informed.

Follow the links below for more on this subject.

Have you had a similar experience either with MacDonald Hotels and Resorts or any other timeshare then we would love to hear from you?

Do you want to know how to relinquish your timeshare or even if you have a legal claim?

Then please use our contact page and we will get back to you.

https://insidetimeshare.com/never-ending-ownership-another-nightmare-timeshare-street/

http://www.dailymail.co.uk/money/investing/article-5073153/TONY-HETHERINGTON-s-time-leave-Cameron-House-Hotel.html

http://www.thisismoney.co.uk/money/experts/article-2698355/TONY-HETHERGINGTON-Even-death-not-rid-timeshare.html

http://insidetimeshare.com/illness-not-reason-surrender-timeshare/

http://insidetimeshare.com/bbc-scotland-investigates-problems-timeshare-contracts/

The Mid Week Report

Welcome to The Mid Week Report, today we highlight a some of the breaking news in the world of timeshare, the trial of the late  John “Goldfinger” Palmer associates at the Audiencia Nacional, National Court in Madrid, highlighted in previous articles, (links below).

It appears that the Anti Corruption Prosecutor’s Office has reduced the highest penalty of imprisonment to 24 months, a far cry from the 8 to 12 years originally called for. The reason is that the Prosecutor’s Office applied a mitigation of undue delays as the investigation which actually began 20 years ago.

However, the defendants will be liable for a subsidiary civil liability of 1,890,000 euros. A rather paltry amount considering the millions that was scammed from their victims.

The defendants in court

The largest sentences of 24 months were given to Richard Cashman, Palmer’s lieutenant, for illicit association, fraud and money laundering.

Darren Morris was hand 10 months for unlawful association, 10 months for fraud and 4 months for money laundering. He was also handed a further 1 year for a firearm with the serial number erased, which was found in his home.

Paul Murry, Keith Peter Davies, Neil Campbell Lockie and Dean Wells, all involved in supporting Palmer’s business when he was jailed in the UK, face 10 months for illicit association and 10 months for fraud.

Christine Ketley who was jailed for 2 years on 2001 in the UK along with palmer and the lawyer Ramón Solano seem to have been spared sentence.

The prosecutor had also asked for a sentence of 8 months for Jacobba Visscher who ran the headquarters of Dinastia Resorts for 44 charges of fraud, this is reduced from the 8 years originally requested.

In the end although they have finally been brought to court, somehow the victims will not think that justice has actually been served.

Link to news report in Canarias7.

https://www.canarias7.es/siete-islas/tenerife/la-fiscalia-rebaja-a-24-meses-la-pena-maxima-por-el-fraude-de-la-multipropiedad-de-john-palmer-en-canarias-IC6510831?fbclid=IwAR093WufWmxBrdd8-pAd7sbEmeubBSdeDvPviPvruPS6CgSKNNJB90rN_t8

Links to previous articles.

http://insidetimeshare.com/start-the-week-associates-of-john-goldfinger-palmer-now-in-court/

http://insidetimeshare.com/update-the-john-goldfinger-palmer-saga/

Canarian Legal Alliance has announced the following, which will be good news for their clients.

In Gran Canaria the Judges in Maspalomas have been consistently declaring there is no need for cases against Anfi to go to a full trial. These Judges have decided to pass their resolutions at the preliminary hearing, yesterday 5 January, 5 preliminary hearings took place with all 5 having results announced without the full trial. For the clients this will mean no travelling for the trial and a much speedier resolution to their case.

In Tenerife a cash embargo has been placed to the value of 44,494.20€ against Silverpoint. Great news for this particular client, as the original claim was 32,791.75€, 11,702.45€ more. They will also get legal fees and legal interest.

Back to the courts in Gran Canaria, Another embargo has been placed against Anfi to the value of 12,882.79€ on behalf of a German client. The enforcement team consisting of the lawyers Judith Diaz Pascual and Cristina Batista are obviously doing a fantastic job on behalf of their clients.

In January the state of play was:

    • 76 trials in all Spanish courts 
    • 18 appeals
    • 28 appeals from the opposition
    • 1 supreme court hearing
    • 21 provisional executions
    • 9 provoked interventions
    • 1 cash embargo against Anfi
    • 47 sentences all in favor of our CLA clients
  • 1.600.000 € in claim amounts

Once again this does go to show that contrary to some posters on various forums and websites that have an axe to grind that CLA does not do what it says and along with the timeshare resorts and RDO who deny they are losing, or that the courts have got the law wrong,  that is certainly not the case. These are all a matter of public record and can be verified.

If you have any comments or questions about this or any article published then use our contact page, we welcome the feedback.

Also if you have had dealings with any company or are about to with regards to a possible claim against your timeshare resort, but are not quite sure if it is genuine, then again use our contact page and we will give you the best advice possible.

Maintenance Fees: To Pay or Not To Pay

One question Inside Timeshare receives on a regular basis is in regards to maintenance fees, “should we just stop paying them?”. Looking at many of the timeshare forums the general answer from posters is “yes, just ignore the bills, that is what I did, they won’t take you to court”.

It is also one of the main points that the so called relinquishment / cancellation / exit companies tell their clients, “once you sign up with us, don’t pay”.

Unfortunately, that is not quite true.

Many of the timeshare companies will chase for unpaid maintenance, at first through their own collections departments, but eventually they will pass these arrears to a debt collecting agency. Diamond along with other companies tend to use one of the biggest agencies in the UK, Daniels Silverman, based in Liverpool. MacDonald Resorts use Network Credit Services, based in Hamilton, Scotland.

The Ona Group based in Barcelona, Spain, actively chase unpaid maintenance fees, even for resorts they have taken over and the owner ended the contract with the original resort over 10 years ago. Ona Group say they have no record of the contract being cancelled and are taking those people through the Spanish Courts for upto 15 years unpaid fees. They use a law firm based in Barcelona called Punt Blau, who say they are are expert lawyers in the field of timeshare. The worst part of this will be the cost to the “debtor”, once the Spanish court has issued the judgement, it will be passed to a UK law firm and go through the County Courts for execution.

Once the debt has been passed to these agencies, you will be dealing with them not the resort, they will also incur huge amounts of interest and legal fees. You also then risk being issued with a County Court Judgement, commonly known as a CCJ. This will also have a very negative affect on your credit rating, preventing you from getting loans and even a mortgage.

Another question that arises from these enquiries is, “has anyone ever been taken to court, if so can you show us the judgements?”

Nobody has posted on any forum that they have been taken to court and lost”.

Well that is not surprising, would you publicise the fact that you have had a county court judgement made against you?

Agreed, it is not always taken to court, in most of the cases the person will give in to the threats of the debt collectors and pay. After all many of these owners are getting on in years and just want out, but they also have old views on debt, the stigma of being taken to court is a definite NO.

For the past few years Inside Timeshare has been highlighting the case of an elderly lady, now 90 years old, we called her Mrs B. She paid a company over £5000 to get her out of her MacDonalds timeshare at Dona Lola, this was in 2015. She was told the timeshare was no longer her responsibility and not to pay any further maintenance.

Her “debt” has been passed to Network Credit Services, this has now been handed over to a law firm Shepherd Wedderburn based in Edinburgh.

This firm is threatening to take her to court over the “debt”.

In their correspondence they even sent her copies of court judgements of MacDonald Resorts members who have been taken to court and had CCJs issued against them. They literally boast about it, which to an old lady is in our opinion a very serious threat.

They even place in their letter headed “Claims already issued in England and Scotland”, 4 cases along with which courts, case numbers and the names of the people involved, where MRL has won the claim.

  • Manchester County Court, Mr & Mrs S, case number C8QZ5392
  • Elgin Sheriff Court Scotland, Mr & Mrs C, case number ELG-SG24-18
  • Airdrie Sheriff Court Scotland, Mr & Mrs F, case number AIR-SG76-18
  • Gloucester & Cheltenham County Court, Mr & Mrs C, Case number E8QZ399H

These are genuine cases, these people have been ordered to pay and now have the dreaded CCJ on their credit files. All because they believed what they were told or read on various forums by idiots who have nothing better to do than give out bogus information on subjects they know nothing about.

There are ways of being rid of your timeshare, not paying your maintenance fees is not one of them. It may have been in the past when non-payment after 3 years the timeshare was repossessed, it may still hold true for the smaller independents, but for most of the big timeshare companies that is no longer the case.

If you have any questions on this subject and would like to know what your options are for relinquishing your timeshare, then use our contact page and we will point you in the right direction.