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Resort Properties

Start the Week: More False Information Being Given

Welcome back to another week with Inside Timeshare, last week we published the “news” being given to previous clients of Mark Rowe, that he had been arrested, tried and convicted in Spain. That 40 Million Euro had been seized by the courts in Malaga from his various enterprises. Well, as we stated in the article it is strange how Inside Timeshare had not received that “news”! But this is not the end of these types of claims from the latest cold callers, over the past week or so Inside Timeshare has been receiving many more wild claims.

We begin with the latest “claim”, according to the caller from yet another new “company” which we have heard about but as yet have found no reference to them, Timeshare Support Group, according to the female caller it is the owner of Beverly Hills Club in Tenerife who has now been arrested, tried and convicted.

As we know the resort, Beverly Hills Club along with Hollywood Mirage and the other resorts were all owned and set up by Robert “Bob” Trotta many years ago. They were all part of his “empire” of companies known as the Limora Group.

The timeshares at the resorts were sold by first Resort Properties and then Silverpoint. The management of the resorts was down to Excel, who ran the resorts and collected the annual maintenance fees. Both companies were part of the Limora Group.

Now according to our caller, the “owner” has now been convicted by a Spanish court as he was a “conman” and the company was a “bogus” one. This does seem strange that all this has suddenly come to light! No other details of the conviction were given, only that owners now had a claim. Somehow I don’t think the Spanish Courts will have any jurisdiction in the “afterlife”!

It would also be possible for our reader to claim through the courts even though they had “relinquished” their timeshare at BHC many years ago and have not paid any maintenance for the same period. But they do have a very strong case.

Fact, there is an investigation going on which may result in criminal charges, but they certainly do not involve the late Robert “Bob” Trotta the original owner. The investigation has been launched due to the peculiarities of the liquidations of certain companies such as Silverpoint

This is following the trail of money which was switched between various accounts as “intercompany” loans. Full details can be found at the following link.

https://insidetimeshare.com/?s=exclusive+breaking+news

Anfi from the Marina

The second strange piece of information has been regarding the Anfi Resort in Gran Canaria. Unfortunately, our readers were not able to get the name of the company correctly so we have not been able to verify if they do exist.

What we can tell you is that the information about Anfi is false, according to our reader’s information, Anfi is now in liquidation!

Anfi itself is not in liquidation, the companies owned by the Cazorla Group who own 50% plus the “Golden Share” of Anfi may be in financial difficulty but as yet they have not filed for liquidation nor have they been liquidated.

Once again, there is an investigation into the Cazorla Group and their dealings with Anfi, this may also lead to criminal charges. The main aspects of this investigation are again the movement of money between accounts in order to avoid paying court awarded costs.

There is also an ongoing investigation into the Tauro Beach Project which as we reported several weeks ago, the concession for the exploitation of the area has been officially withdrawn from Anfi (the Cazorla’s in particular).

It should also be pointed out that the other 50% of Anfi is owned by IFA Lopesan, a very large and pretty well-respected hotel chain. It is also a fact that IFA would love to take full control of Anfi, so with their finances, we have to ask the question, how could Anfi be in liquidation with a 50% partner such as IFA?

The answer to this and also to the question of BHC is very simple, the “cold calling companies” are trying to scare you, the owners, members or even past owners into parting with even more of your hard-earned cash.

There have been no arrests, trials or convictions, Silverpoint is in the process of liquidation as are some of the other companies in the group. Anfi is not in liquidation, the Cazorla’s might be in financial trouble, but that does not appear to affect Anfi considering the IFA connection. Mark Rowe is free, he has not been tried convicted or jailed, well, not yet. The courts in Malaga have not seized 40 Million Euro from his companies, (even if he did have that much).

These are the reasons that you need to do your homework first when being contacted by the many companies appearing with such wonderful stories. Do not get taken in by the huge amounts they say the “courts” are already holding for you. The courts are not holding anything and they certainly do not employ the services of any outside “claims company” to inform you they have.

If you have been contacted by any company with these types of claims, or even with the story that you have a huge sum of money with your name on it, please use our contact page and Inside Timeshare will get back to you.

More Scams Identified

It is only Wednesday and already we have two more “scam” companies coming to our attention, both are touting for business in the field of making claims through the courts or other means. Both are using information which is totally false and untrue in order to convince people they are genuine. We begin with a company apparently based in Tenerife called European Timeshare Law Legalization Ltd then to one based in Madrid called Abogados y Consultores Empresariales y Concursales. You will be surprised by our findings so far.

European Timeshare Law Legalization Ltd which has the website:

https://europeantimesharelaw.com/

This website was registered on 28 January 2020, so is only a month old yet they claim to have already helped hundreds of clients. The website is due to expire on 28 January 2021 so straight away that does not give that much confidence of a genuine firm.

As for the name of the company, so far it has not come up in any searches of UK Company House records, not even as a company applying for registration. The address they give on the website which also lacks a company registration number is:

1 Angel Court, Lime Street, London, EC2R 7HJ, United Kingdom.

This address is once again one of those rent an office space and office services such as mail drops, it is run by Realla with the website https://www.realla.co.uk/

The telephone number they use is a Swedish telephone number 0046 812400996 and the caller is named as James Brook who says he is calling from Tenerife, no why does that not surprise us.

According to their website, they are “A TIMESHARE TERMINATION AND CONTRACT MANAGEMENT SPECIALIST COMPANY”, and claim that they will also be able to get a refund of your purchase price.

According to the email sent to our reader by James Brook, according to our Scandinavian reader, they will be able to make a claim under Section 75 of the Credit Consumer Act 1974, which as we know is UK legislation to protect UK consumers using their credit cards. It is not available to any other country.

Below is the email received by our reader:

Fra: James Brook [mailto:[email protected]]

Sendt: 6. februar 2020

Til: XXXXXXXX

Emne: Silverpoint

Har kommer mera information om vad vi gör.

Genom kreditkorts och bankgiro lagen (kreditkort lag punkt 75 A+B och punkt 140 finanserings lag ) kommer pengarna i sin helhet tillbaka till kunden.

Det ar bankernas ansvar att kontrollera pengarna från forsalnings bolaget.

Det vill saga enligt timeshare lagen sa far timeshare företag inte ta emot någon som helst betalning ifrån kunden förrän efter 90 dagar.

( varken handpenning eller slutbetalning ) Detta galler ifrån påskrift av avtalet. Om banken har slappt betalningen till försäljnings bolaget innan 90 dagar har paserat har banken inte följt lagen.

Eftersom det ej finns någon tidsbragransning pa detta sa kommer vi att med 100 % säkerhet fa tillbaka era pengar om avtals criteria uppfylls.

Ni ar säkert medvetna om att aven om ni stammer företaget och far ett positivt dom sa finns det varken pengar eller tillgångar i bolaget.

Detta ar det enda sättet att återställa pengarna i sin helhet.

Under det sista aret har vi hjälpt drygt 200 kunder i Sverige, Tyskland och England pa detta satt. 

Hela processen tar 8 till 12 veckor innan processen ar slut.

LAGPUNKTERNA:

Your rights under Section 75

Under Section 75 of the Consumer Credit Act 1974, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.

This means it is just as responsible as the retailer or trader for the goods or service supplied, allowing you to also put your claim to the credit card company.

You don’t have to reach a stalemate with the retailer or trader before you can contact your credit card provider – you can make a claim to both the retailer and credit card provider simultaneously, although you can’t recover your losses from both.

This right is particularly useful if the retailer or trader has gone bust, or it doesn’t respond to your letters or phone calls.

Section 75 of the Consumer Credit Act also applies to foreign transactions as well as goods bought online, by telephone or mail order for delivery to the UK from overseas.

Section 75 protection also requires your credit card provider and the seller of goods to be different parties. Section 75 will not apply if the lender is also the supplier.

However, to claim under Section 75 you don’t have to have paid more than £100 or the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.

It’s the value of the goods you’re buying that is key – not the amount paid on the card.

For example, if you ordered a new sofa from a furniture store and paid a £60 deposit with your credit card and the balance of £600 by cheque, you would be covered for the whole £660 if the dealer went out of business and you didn’t get your sofa.

Section 75 gives you the same rights against the card company as you have against the retailer.

VARA AVGIFTER FOR PROCESSEN:

 – Kontraktskostnader 199 euro

– Oversattning av kontrakterna till spanska-engelska-svenska 700 euro

– Advokatkostnader 900 euro

Vi behover kopior av era silverpoint kontrakt och samtliga betalningar.

( kreditkorts betalningar, bankoverforingar och eventuella handpenning som ni har betalat)

Med vanleg halsning: European timeshare law legalization Ltd

WWW.EUROPEANTIMESHARELAW.COM

[email protected]

MAIL DISCLAIMER:

The information contained in this e-mail is LEGALLY PRIVILEDGED AND CONFIDENTIAL and is intended only for the use of the addressee named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, or you have received this communication in error, please be aware that any dissemination, distribution or duplication of this communication is strictly prohibited, and please notify us immediately and return the original message to us at the address above. Thank you. 

In accordance with the data Protection rulings  which regulates the right to information in data collection, please be advised of the following:  your personal details which were provided to the marketing agents have been incorporated in a personal information file which is managed by european timeshare law legalization Ltd. Please be informed that you have the right to access your personal information, amend or, if necessary, withdraw it, via the following email address [email protected] or postal address of the company. 

If you want more information about data protection visit: www.europeantimesharelaw.com  “

So, just going by this information, the fact that the website is less than a month old, Inside Timeshare can say with confidence that this is yet another attempt to scam thousands from unsuspecting timeshare owners.

We no move to Abogados y Consultores Empresarials y Concursales or ACEC, they show on their letter the CIF Number B86313848 with the address:

C/Zurbano 45 1 D 28010 Madrid

Tel/Fax: 0034 910910603

With the email [email protected]

Which is as usual for these types of enterprise is a free email provider, there is no website which we would expect from a legitimate law firm with an email address linked to that website.

There is a company by this name and CIF Number registered with Spanish Company Registry showing the same address which has been registered for around 9 years. The company director is named as Manuel Pablo Gonzalez Sanz.

The letter which is signed by one Jennifer Phillips, Lawyer at ACEC, does not even appear on the register of lawyers in Spain.

According to the letter, the “High Court in Madrid has approved our office to aid all agreement holders residing in the United Kingdom”, to claim back what they have paid to Silverpoint/Resort Properties.

The letter goes on to explain “The court accepted the lawsuit and was approved by the Supreme Court of Madrid in the third distance.” Well, we are not exactly sure what that really means?

They also claim that they ACEC will not charge the plaintiff any fees for their service, (wow), but they will have to pay court fees which are paid directly to the court which are payable once the demand has been accepted. I would guess going by past experience of these type of scams it will be a bogus account opened by them and not an official court account, or, it will be paid to a named “Procurator”.

Once again going on this evidence alone this is yet another scam to deprive you the unsuspecting timeshare owner of your hard-earned cash.

As we have reported on these pages, there are genuine law firms and there are cases going through the courts and being found in favour of consumers. The genuine law firms have not been appointed by the courts but have been hired by and work with their clients on an individual basis plus there are certain legal procedures that they follow.

Once again this shows how careful you must be when contacted by any “firm” claiming they can help you retrieve your money, especially if they state they have been appointed by a court or that the courts are already holding money seized on your behalf.

If you have been contacted by these or any other firm and you would like help in determining their validity, then please use our contact page and Inside Timeshare will get back to you.

DO YOUR HOMEWORK, YOU HAVE NOTHING TO LOSE BUT A LOT OF MONEY TO SAVE.

Silverpoint Declares Liquidation: Who will be Next?

Welcome to the Friday edition of Inside Timeshare, today we have some breaking news which has just been made public. There has been a huge amount of speculation regarding the Silverpoint, most of these rumours have claimed that Silverpoint has already been placed into liquidation, that is not actually the case. The process is more complicated than simply “going into liquidation” as we will try to explain.

On 15 January 2020, Silverpoint presented to the Mercantile Court a declaration of insolvency & provisional liquidation (Concurso de Acreedores). This does not actually mean they have declared bankruptcy. It is a legal process in Spain which can be invoked by the company voluntary or invoked by its creditors. It is applied when the company is considered to have more creditors than it does assets.

This move is something that Inside Timeshare and others including Canarian Legal Alliance have been expecting for some time. Over the past few years, Silverpoint has been monitored very closely with the movement of funds between various accounts at the forefront.

This transfer of funds and assets was a blatant move to hide them from the authorities to avoid payment, this has already resulted in an investigation initiated by the State Attorney. (See links for the report in El Diario at the end).

The first part of this process is for the Mercantile Court to appoint an external (independent) administrator who is then obliged to inform all creditors of the current situation. The administrator will also have to produce a full and exhaustive report on Silverpoint’s financial operation over the past years.

If the administrator discovers any serious irregularities not only with the liquidation but the actual running of the company, they can, in essence, classify the liquidation and company administrator guilty. This means that the administrator, which in the case of Silverpoint is Mark Cushway, may be personally responsible with his own assets, he may even face a custodial sentence.

Mark Cushway: Could find himself liable.

At this point Inside Timeshare must point out that Mark Cushway was also CEO of Resort Properties before it became Silverpoint so he must have known all about how the company was operated. He was also a director of the RDO (Resorts Development Organisation) the so-called industry trade body. Silverpoint was also one of the largest contributors to RDO funds until they resigned their membership.

The purpose of the Concurso de Acreedores is not to close the company down, it is to attempt to pay all creditors so as to clear the financial situation of the company and if possible overturn a complicated situation preparing the company for future business. Preventing bankruptcy is a priority of this procedure. However, if the declarations being presented are found to be a fraudulent application for insolvency, then this opens up a very nasty can of worms for the company administrators.

As our title suggests, could other timeshare companies be contemplating the same procedure?

Inside Timeshare has already published the fact that the Provincial State Prosecutor in Gran Canaria is already taking a keen interest in the timeshare resort of Anfi. This again stems from the fact that Anfi is transferring assets and funds to other various companies in an attempt to delay or even avoid paying what the courts have ordered. Again this could lead to criminal prosecutions and include jail time for the administrators of the companies involved.

https://insidetimeshare.com/anfi-hits-spanish-television-news/

The question now which will be on the minds of all those with cases waiting for court hearings and those contemplating taking out litigation against Silverpoint is where does this leave them?

From what we have been told our understanding is that it will not have that much of an effect, the cases will instead of being placed with the Civil Court using timeshare laws, will be transferred to the Mercantile Courts. This means that the clients will then be classified as creditors and will then have priority in the eyes of the appointed administrator.

Inside Timeshare advises all those with cases pending to contact their lawyers for more detailed clarification as to their own personal circumstances. For those who are clients of Canarian Legal Alliance, they have also published today this news on their website. This report goes into a lot more depth than we are able to here.

If you have not already filed a claim to have your contract declared null and void with the return of your full purchase price and would like to know how this latest news affects you, then please use our contact page and we will get back to you.

Our final word of warning is now this news has broken, please beware that there will be many “bogus” claims companies and law firms who will use this to their own advantage in order to scare people into paying for “legal services” as a matter of urgency. If you receive any calls to this effect then contact Inside Timeshare and we will help you sort out the genuine from the scams.

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

El Diario Article

https://www.eldiario.es/canariasahora/tenerifeahora/tribunales/Fiscalia-venta-propiedades-timesharing-sur-Tenerife-turismo_0_950155565.html

El Diario English

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El Diario Danish

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El Diario German

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El Diario Norwegian

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El Diario Swedish

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Translations of this article

Danish

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