The Palms (United Paradise)

Started by scottie, December 14, 2015, 08:38:34

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scottie

Hi there. It's almost 10 years since I posted on here.  Like many others we lost our 2 weeks in the Palms in 2006.   We decided enough was enough, did not want to accept the transfer to Compass Club and decided to take the risk and stop paying maintenance fees.  As I posted at the time, the small print said that failure to pay the fees after warning letters would result in the termination of our ownership. Well that was ok by us and eventually we received a letter saying our ownership had been cancelled and no further communications would be entered into.  Now, just a week ago we have received phone calls from a Company (Lawyers) called Auxilium offering their services to seek compensation.  I am awaiting today a call from some intermediary legal person by the name of Richard Leighman who I am led to believe will update me and request a court fee up front.. I have no intention of paying this. The person handling the case on behalf of Auxilium is Mr Simone Mesa Martinez, Abogados.  I'm more than a bit hesitant as I'm sure I've seen this name on here before.  Just wondered what the current position is on this. Has anybody received compensation?

scottie


Lifensoul

Hello Scottie. I can't offer any advice other than to NOT pay anything up front, but give TCA a call. Many people in your position at other resorts who have had their weeks stolen (without prejudice) as a result of dispute and would choose to go down the road of seeking compensation.
Please keep us posted on here ...there are many knowledgable,experienced people who will willingly offer advice.
Good luck.

scottie

Thank you for your reply. We'll see what transpires today.

Marvin

I'm always impressed how these companies find a list of owners from 10 years ago when I cannot even obtain a list of the AMOUNT of present owners at my club.

I worry that these people have your contact details because, where did they obtain them from?

In my humble opinion if they think you have such a solid case then I expect they would offer no win no fee. However being awarded compensation and collecting it is two different things! I would want a contract saying no win and payment from defendants, no fee.

Good luck with this Scottie
I'd rather be in the minority and right, than in the majority and wrong. After all I only have to live with myself!

charlie1

Hi scottie we have seen a lot of this. I would be very interested in a company like this that is prepared to help compensate consumers. Could you please ask them to run this past me on graham@timeshareweekly.com I would be happy to recommend a reputable company  :)
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

scottie

 

Hi there charlie1.  I did indeed have a very interesting telephone conversation with Mr. Richard Leighman in Tenerife. He told me they currently have 41 cases going through court with a further 26 (apparently including ours) to be heard in January. I heard about a huge amount of bank accounts under the same name which had been seized in Tenerife.  He did confirm a court fee did require to be paid up front which, being a Scot, I do understand as Procurator fees are applicable in Scotland though not in England. However, when I said I was not prepared to do this at this time he very quickly and politely accepted that and asked me if I would like him to notify Auxilium that I no longer wished to proceed. I agreed to that saying I needed to look further into the matter. I also asked Mr Leighman if he knew of any owners who had been successful in their compensation claim and the answer was "Not in this Department".   A week on and I have had no further contact from Auxilium via either email or phone call.  Hm! Should they be back in touch I will certainly pass on your request. Regards :)

jcorrea-lawyer

In fact it doesn't seem to be any "Simone Mesa Martinez" as a registered solicitor in the Bar Association of Tenerife...
You can seek for that in here:
http://www.icatf.es/index.php?option=com_comprofiler&task=usersList&listid=4&searchmode=1&Itemid=73
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nÂș 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

scottie

Yes, I did omit to say I could not find any trace of Mr Martinez in any search I did. Thank you for confirming.

scottie

Yes, I did omit to say I could not find any trace of Mr Martinez in any search I did. Thank you for confirming.

Marvin

It sounds as this has fizzled out - shame....

I'd rather be in the minority and right, than in the majority and wrong. After all I only have to live with myself!

andycat

I am currently in contact with Auxilium Lawyers in relation to fraudulent mis-selling  at La Pinta in Tenerife.

Now at the stage of being told how much the procurator fee will be.

lawnmower60

Is this their website
                      http://www.auxiliumlawyers.com/
Brian

eneri

Quote from: andycat on January 19, 2016, 15:13:13
I am currently in contact with Auxilium Lawyers in relation to fraudulent mis-selling  at La Pinta in Tenerife.

Now at the stage of being told how much the procurator fee will be.


When and how did you first get in contact with them?
 

lawnmower60

On their website under law it says With compensation claims, a requirement of Spanish and European law is that no commission or fees can be requested or indeed paid until any awarded funds are transferred directly to the claimant. Only then can we raise an invoice for 20% of monies recovered. In other words, we work solely on a no win, no fee basis. Any claim which is unsuccessful therefore, incurs no cost to the claimant whatsoever. So why are they asking for upfront payments
Brian

lawnmower60

Brian

Marvin

 Nice lawnmower60.

It's good that we have people here who knows some facts. That's what I like: So much for some peoples criticisms that all that is offered is opinion!
I'd rather be in the minority and right, than in the majority and wrong. After all I only have to live with myself!

scottie

Quote from: lawnmower60 on January 19, 2016, 15:40:01
Is this their website
                      http://www.auxiliumlawyers.com/


Yes that is the website we have been dealing with. Regards.

scottie

Quote from: eneri on January 19, 2016, 20:30:13
Quote from: andycat on January 19, 2016, 15:13:13
I am currently in contact with Auxilium Lawyers in relation to fraudulent mis-selling  at La Pinta in Tenerife.

Now at the stage of being told how much the procurator fee will be.


When and how did you first get in contact with them?
[/quote
Hi there,
Auxilium Lawyers first contacted us by phone. Final documents showed procurator fee to be over 400 Euros.

scottie

Update re the compensation claim for The Palms.  We did eventually receive Spanish Court and legal documents via email and after looking through them - not much there to convince us of their authenticity - we have today informed Auxilium that we are not proceeding with the claim and rescind any documents/information furnished by ourselves and shall not respond or enter into any further commmunications.  By the way Procurator fee was over 400 euros.  ::)  Glad in a way that we have put this behind us. Good luck to anybody who is braver than us and proceeds with their claim. It will be interesting to hear if we have done either the right or wrong thing. Regard to all.

andycat

Eventaully Auxilium have got down to the nitty-gritty and informed me that the procurator's fee is 920Euros!!
If they think that is small I would hate to think what sum they consider to be large.

Finally found something online by searching 'Spain procurator' which proved to me they are not legitimate.
Thank you mindtimeshare!
I have sent the info received to Auxilium and told them to shove it :)

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