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Timeshare Consumer Association

Court News and Another Twist to the Litigious Abogados Family

Welcome to a rather short Thursday article. First, we have a look at news from the courts of two cases. Both companies are very familiar to our pages, Anfi and Silverpoint. We also report on the first information regarding our old friends in Tenerife, The Litigious Abogados Family, who appear to have resurfaced, this time using the name of a genuine law firm.

Our first court report is from the High Court Number 3 of Las Palmas and once again involves Anfi.

This case was originally heard at the Court of First Instance of SBT, where the contract was declared null & void with Anfi being ordered to repay the client 22,574€ plus legal interest and legal fees.

As we have come to expect from Anfi, they once again decided it would be a “great laugh” to delay everything and lodge an appeal with the High Court. Another waste of the clients, lawyers and courts time, not to forget the legal bill for their own lawyers.

The Judges at the High Court, following all other cases and the rulings of the Supreme Court, roundly dismissed and rejected their appeal. The original sentence was confirmed and is now being filed with the Mercantile Court and the Court Appointed Administrator for the payment of the awarded funds.

In Tenerife, the Judge of the Mercantile Court Number 1, Santa Cruz de Tenerife, after examining the contracts has declared them null & void, plus awarding the client 147,420€.

As Silverpoint is now under the Mercantile Court and a Court Appointed Administrator, the client’s lawyers will now file this claim with the Mercantile Court for payment along with all the other claims against Silverpoint which have been found in favour of the clients.

One thing that is similar to both cases is that both companies used the same techniques to avoid payments, both moved money from their accounts to others so when an embargo is placed, nothing is in the accounts for the court to take. Both are being investigated by the authorities for the illegal movement of funds.

In both cases, the clients were represented by lawyers of Canarian Legal Alliance.

Along with our friends at the TCA (Timeshare Consumer Association), we are investigating another use of a genuine law firm by scammers.

So far from the documentation we have received, it appears this is yet another incarnation from our old friends The Litigious Abogados Family, with a new “Procuradores” or “Procurator”, this one is called José Vazques.

It is to this person that the “victim/client” has to pay, the account is in the name of José Motoz Vazquez, the bank is Evo Banco and the IBAN ES30 0239 0806 7526 6701 5925. Any payment being made to a named individual is always a bad sign.

In the letter sent to the “client”, it is purportedly from a law firm in Madrid called Adarga Abogados, along with all the names and bar association numbers of their lawyers.

The website for the law firm which does appear on the letter is

https://adargaabogados.es/

but, the email addresses on the letter are:

[email protected] 

[email protected]

These are free email providers such as Hotmail or Gmail, the email address for the genuine law firm is linked to their website.

Inside Timeshare and the TCA are in contact with the genuine law firm with the TCA already having established they have nothing to do with the letter or with any timeshare related claims.

We have seen these people use pictures of genuine people with fictitious names in the past, the most notable of them is the use of the late 39th President of Venezuela and the Ambassador to Argentina. But now they are using a genuine law firms name and their website!

Our inquiries are ongoing and we will have a full report once all the information has been received. In the meantime, if you receive a call, text or email using the name Adarga Abogados, please let us know.

Once again this reinforces the point that you should not accept as genuine any call or correspondence you receive, without first doing your own due diligence. If you are not sure how to go about this, please contact Inside Timeshare and we will help you determine if they are genuine or not.

Do you have a timeshare you purchased in Spain, is your contract legal under Spanish Law, if you would like further information on this and your legal rights and options, please use our contact page and Inside Timeshare will get back to you.

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.

Latest Cold Callers Update

This week Inside Timeshare has published a warning on two cold calling companies, Independent Timeshare Assistance and Timeshare Support Centre, today we add another cold caller named Marketing Solutions Group. There now appears to be a link between these companies and who they are “marketing” for. We also have a look at some information supplied by our colleagues at the TCA (Timeshare Consumer Association).

Marketing Solutions Group, well, there is not a lot of information on them apart from the telephone number 01513 080341 which is a Liverpool STD code. But as we have said before this means nothing as these numbers are readily available via third party suppliers and are known as VOIP numbers. More on this in a moment.

Marketing Solutions Group is yet another name that when doing a search for companies, this name comes up many times, but nothing to do with timeshare. So who are they?

No one seems to know the answer to that question but what we do know from information supplied by our readers is they appear to be calling on behalf of Aegis Direct SL based in Tenerife. They are also known to be working with several other companies, by contracting their clients “exits” out to them and not doing it themselves.

It also appears from further information received, that the two companies Independent Timeshare Assistance and Timeshare Support Centre are also calling on behalf of Aegis Direct and their associates. So we have a rather tangled web building up here.

One other thing they all have in common is their telephone numbers, all show UK locations, but we do know that many of the callers are stating they are based in Tenerife. This is because they are using what is known as VOIP, which is short for Voice over Internet Protocol. In other words an internet telephone system.

There are many companies that provide these numbers which can then be used from anywhere in the world. Two we believe have supplied these “companies” with numbers, Simwood which is based in the UK and has the website:

https://simwood.com/uk

The other is Numbergroup Network Ltd, which on researching has some very interesting information attached to them. It seems that a former “director” Jody Rhodes of Dublin, was convicted of a telephone scam back in 2018. For the full story see the link below.

https://www.mirror.co.uk/news/uk-news/how-phone-gang-made-fortune-12150847

There is nothing wrong with using these numbers, they are very convenient with today’s technology, the problem comes with the more unscrupulous operations. Those who wish to deceive “potential victims” into believing that they are based in the UK and not calling from call centres in the scammer’s hotspots such as Tenerife.

Moving on to some information supplied by our friends at the TCA who have been looking very closely at the Timeshare Support Centre website, they have found some rather “erroneous facts”.

“Brexit has now impacted the time you have to legally terminate your contract please contact us urgently if you have any timeshare contract termination needs”

This is a complete lie, Brexit as we have stated previously has had no impact whatsoever on timeshare termination in Europe or anywhere else for that matter.

They also found a reference to Club la Costa and the liquidations of their sales companies, which have already been shown to be false information:

“We must also bring to your attention some more recent concerning news of several large Timeshare companies that have now gone into administration 3rd January 2021 the Euro Weekly news confirmed that Club La Costa in Tenerife has filed for voluntary bankruptcy please do urgently contact us if you have purchased any products from Club La Costa (UK).”

As we already know Club la Costa has not filed for voluntary bankruptcy in Tenerife, the Spanish arms have all filed for bankruptcy in Malaga. Club la Costa is liquidating four sales companies within the group, they have already ceased trading. This only means that the sale of timeshare has ceased, there will be no new sales of timeshare. The timeshare resorts side of the company is not affected, ownership has not changed at all and all rights of use are unaffected.

The Euro Weekly article specifically states “Mijas Costa” as the Club la Costa office that has filed for voluntary bankruptcy, not Tenerife. This further confirms our belief that this outfit is operating from Tenerife, no wonder they couldn’t quote a UK office address with ease.

Then we have some information which is really no use to European timeshare members:

“Forbes.com have only recently written an article covering How do I get rid of my Timeshare in a pandemic. This article stresses the need to instruct a solicitor to legally terminate a Timeshare contract.”

This advice relates to American ownership with appropriate comment from the American Resort Development Association. If, as the comment states, there is a need to contact a solicitor, given that Timeshare Support Centre are not even close to being solicitors, why would you deal with them?

Then to cap this off they state:

“We will make sure that the advice you receive is accurate and adheres to new legislation and law changes.”

There is no new legislation. The current EU Directive was presented in 2008. Spanish law 42/98 was enacted on 5th Jan 1999, with an update to this law which is known as Ley 4/12 we believe neither of these laws constitutes “new”.

So once again, we see statements published on a “company” website giving out false and inaccurate information. Not only are they attempting to confuse you the timeshare owners about their company, but also using some very dubious tactics such as scaremongering to convince you to use their services.

Inside Timeshare would like to thank the TCA for providing their findings above, it saved us a lot of time.

Once again, these points are published to show you the reader how careful you have to be when dealing with cold calls or any company you find on the internet regarding your timeshare. Cold Calling is not illegal, it is a recognised marketing tool, but there are certain regulations governing the industry, so it is important to do your due diligence and research the company before even contemplating engaging their services.

DO YOUR HOMEWORK FIRST!