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Suarez and Simpson

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/

Start the Week: Court News and Yet Another Warning on Misinformation

Welcome to the start of another week with Inside Timeshare, last week we reported on the latest “fake” law firm to appear, Martin and Perez, supposedly based in Madrid. According to them, they have been appointed by the courts to trace “victims” of either past timeshare scams or their own timeshare resort has been found guilty and there is a substantial amount being held by the courts for repayment. As we know the courts do not appoint or contract third parties, this method is also being used by two other fake law firms which appeared around the same time, Suarez and Simpson along with Morales and Maxwell. We do believe that these are connected. Today we bring you the latest Anfi appeal to be dismissed at the High Court and yet another win at the Court of First Instance. On the subject of court cases, we also answer the comments which have appeared on one particular Facebook page that “no one” gets paid out.

We begin with yet another appeal being dismissed by the High Court Number 5 of Las Palmas, Gran Canaria.

The case brought on behalf of a Norwegian client of Canarian Legal Alliance was originally heard at the Court of First Instance Number 3 of San Barlelomé de Tirajana. The judges at this trial declared the contracts null and void and ordered Anfi to repay the clients over 54,000€ plus legal interest and legal costs.

As we have seen with all past cases, Anfi once again launched an appeal, although it is their legal right to do so, it does make us wonder why they are wasting time with these appeals considering every single one has resulted in the dismissal of the appeal and the confirmation of the original judgement and sentence.

No doubt CLA will have already launched their case for the execution of the sentence and the immediate payment to the courts of the required sums.

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

In another case against Anfi, this time at the Court of First Instance Number 5 of SBT, the lawyer representing another Norwegian client was Eva Gutierrez with Michael Gadman assisting.

The court once again found the contracts illegal with many breaches of the timeshare laws form duration of the contract being over the prescribed 50 years maximum, the containment in the contract of floating weeks and not to forget the illegal taking of payments within the statutory cooling-off period. Along with these infringements, there will be others regarding the non-disclosure of information in the contracts required by law.

The contract was duly declared null and void with the court awarding 28,840€ plus legal interest and legal costs. The court ordered 12,265€ in respect of the cancellation of the contract but added an additional 16,575€ as double the amount taken in the illegal deposit.

CLA is now in the process of making their application to the court for a provisional execution of sentence before Anfi lodges their appeal. We all know that Anfi will go through the process of filing with the appeal court, even though we and they know the case will just be dismissed and the sentence confirmed.

These appeals are lodged for one reason only to cause as much delay legally possible, we also know that the State Prosecutors Office is investigating the movement of funds between accounts which we know is being done to delay the payments. This investigation could lead to some very serious criminal charges. We will just have to wait and see what the outcome of this investigation brings.

We now move to comments being made by some Anfi members of the Anfi Del Mar Rentals, Resales and Contract Discussion Facebook Group.

One member asked the question about clients being paid out after winning their cases against Anfi. A rather important question for someone who may be thinking of taking up legal representation against Anfi.

It is a fact that payments to clients from their cases against Anfi are taking time to be paid out, but Inside Timeshare has published the reasons for this on many occasions in the past couple of years. The answer has even been given in the first part of today’s article but here it is again.

Anfi has over the past few years removed money from accounts that are about to be embargoed by the courts, these funds have been deliberately moved to avoid payment of court orders. This in itself is the basis for the investigation and is a criminal move. Part of this is to launch appeal after appeal.

Eva Gutierrez has been investigating this for some time, with all information being passed to the relevant authorities. You can see the article where Eva was interviewed on Spanish National Television News on this subject below.

https://insidetimeshare.com/the-latest-news-in-brief-azure-services-limited-in-liquidation-and-anfi-funds-frozen/

All we can say is that if you wish to believe those who claim that CLA do not pay their clients, the proof that they do is available, it is also well documented that Anfi are the ones who do not pay.

FB is not the place to get any accurate information, it is full of people with their own agendas and views, they speculate on legal matters without having any knowledge and create confusion with their answers. It should also be noted that most people who have won their cases and have received their payments always opt for anonymity, after all, would you like the world to know your business?

Below is a link to the Canarian Legal Alliance website and their “dashboard”, this gives an up to date breakdown of the number of cases, the amount that is being claimed and the amounts which have already been received and paid to clients. Some of the documents showing the latest payout are also included.

End the Week: Another New Fake Law Firm Rears Its Ugly Head!

Yes, it’s Friday and the end of another week, today we publish a warning about the latest “FAKE” law firm to rear its ugly head and take unsuspecting “victims” for thousands. Unfortunately, the ones that have been in touch with Inside Timeshare are all elderly. This week we also brought you news on the situation in Gran Canaria and one of the timeshare resorts being used to house refugees, this has stimulated quite a debate, next week we’ll be publishing one conversation via email between Inside Timeshare and one member. We also published the article on the success of two law firms and an independent lawyer in timeshare cases, so yes there are genuine law firms out there.

We begin with the “FAKE” law firm Martin and Perez, which has only just reared its ugly head and has already scammed thousands of pounds from unsuspecting victims. All have been contacted with the same story, following a court case against a timeshare scam, the courts have appointed them to contact victims of these “scammers” with the great news that a substantial amount of money is now sitting in the court waiting for them.

One reader was contacted and told that a company that he had dealt with back in 2011, Key Properties Town Advisory, based in Fuengirola. This was also part of the “fake” law firms set up by our very old friends Ramirez and Ramirez.

According to the caller, Judge Juan Miguel Hernandez had ruled that “his (victim) civil rights had been deliberately deprived”, the Judge then awarded over 28,000€. This was to be settled immediately following the “civil action” at the court in Madrid on 29 June 2020. So far Inside Timeshare has not seen any case such as this in Madrid for that date on any official website which lists all cases and judgement.

Unfortunately, our reader has already paid a lawyers fee for them to commence release of the funds from the court, he did not disclose the amount but we suspect from the other readers we have heard from it is going to be at least £2,500. This will have been paid by bank transfer into a named account of a private individual.

Further payments are now being demanded to complete the release of funds, probably some kind of “tax” along with a fake tax form, the same as all the court documents are fake.

In another email received on this “fake” law firm, our reader wrote to us on behalf of a friend who is 83 years old, he has paid them £2,600. He is currently being groomed to pay more, so out of desperation to get him to see that it is a scam.

He was originally contacted by David Hargreaves who convinced him that his case had been heard by the Madrid Courts and he had been awarded a huge amount of money. Obviously, the story was the same as all the others, they had been appointed by the court to trace and contact victims.

Well, we do know that this is not true, the courts do not contract or appoint third party firms to do this work.

So what do we know about Martin and Perez apart from the “scam”, well, not a lot yet, but it does not look good.

There is no company registered with this name and there are no company details on their website which you would expect if they were genuine.

The website

https://martinandperez.com/

Was only registered on 24 July 2020 and is due to expire on 24 July 2021, so we have a “law firm” which claims to be genuine and operating for years with no company registration, only just getting a website which is only registered for 1 year!

Not very convincing so far.

We then also found on the website that at the bottom the name of yet another “fake” law firm we first highlighted back in July when they first came to light, Suarez and Simpson. So we can safely assume that they are linked along with yet another “fake law firm” using the same methods Morales and Maxwell.

The address they give is:

Paseo de la Castellana 257 28046 Madrid Spain

Now, this address is a huge office block in Madrid and it shows no office number or even what floor it is on.

Telephone: 0034 911 231 165

Email:

[email protected]

[email protected]

Once again, we have a “FAKE” law firm cold calling mainly elderly victims of past timeshare frauds, which also leads us to believe that it is the same people as in the past (Ramirez and Ramirez for instance) of the client details have been sold to new crooks.

These stories show how careful you must be when dealing with calls such as these, it also shows that you need to be vigilant especially if your own family are in this vulnerable group.

If you have been contacted by this or any other “law firm” with a similar story or you just want to know if they are genuine before engaging with them, please use our contact page and Inside Timeshare will get back to you.

Have a great weekend and remember

DO YOUR HOMEWORK!

Recent articles on Suarez & Simpson and Morales & Maxwell.

https://insidetimeshare.com/start-the-week-yet-another-fake-law-firm-emerges/

https://insidetimeshare.com/friday-roundup-2/