It goes without saying, that some parts of the Timeshare industry have and do operate unlawfully. When doing so, they have trained many salespeople to do there bidding and to sell the unlawful products they did create. As a Consequence of this, bad Resorts have been exposed and have disgorged themselves of the people they did train.
So where have you Lovelies gone to?
Since the exposure of many resorts, their collapse or reversal of their fortunes, the resorts selling “boiler rooms” have closed in preference to fending off compensation claims, As TESS is one such company, and as we are delivering nearly 1,000 claims, it would be an understatement to suggest that Timeshare resorts are not worried.
The closure of the many boiler rooms has left many unemployed, so they have moved their mis-selling expertise into the selling Legal Services. Having cluttered minds, their services are floundering, and most are being exposed, arrested and/or convicted. Just recently there have been many “sham” enterprises closed down, raided and have been charged with offences and indeed some have pleaded guilty. TESS assisted in these cases, however, only in a small way.
During 2017, TESS published information regarding the corrupt services of Leeroy Pallister who gladly took millions and delivered very little, in most cases nothing.
By way of these examples, many other salesmen have fled the industry believing they can and do deliver legal advice about timeshare compensation. In doing so, they are essentially assisting the consumer to get compensation for the products they sold, and with the aid of stolen data are “cold calling” consumers for the purpose of dipping into their pocket again and again.
They claim they are now Lawyers and are capable of delivering not only legal advice but compensation, its utter folly, they can’t. Of Couse, they can refer you to a real lawyer who can, but that referral service will cost you significantly more than if you commissioned the Lawyer direct.
In short, most litigations start with you visiting a Lawyer who you seek advice from. When doing so, you see their firm’s offices their registrations and their licenses. Being in their offices you can get a feel for their professionalism, as the real lawyer will listen, ask questions and explain the issues you will face. He will apply risk to your mission then give you a comprehensive engagement letter, which sets out how their provision of services will work. They will not give you a “plastic certificate”, demand that you pay for the services up front, or sell you membership into a “fake” shop
The fake Lawyer operates in sales rooms, adds worry and haste into the presentations, they claim to be the best and/or have access to the great and wonderful Lawyers which tends to infer they can’t do the work required of themselves thus, will hire others you have no knowledge of. The “fake” Lawyer states that they will win, you will get compensation, they know the law. The real Lawyer will state you may win, or your case does merit, but in life nothing is certain.
Its simple, ask them to show you their license, where did they study, what qualifications do they have? If they cannot prove any of the aforementioned, you are right to be concerned, as potentially you are in the clutches of crooks and could lose all the money you give to them.
It’s simply a misadventure waiting to happen, should you fall into the trap of being impressed and by sales language and peddled dreams. The simple fact is no one can predict how a court will rule, you can assess your case, you can determine the issues and on the balance of probability guess which way the court will rule, but to assert a definite, is a lie.
In some cases, ex-timeshare salesmen have infiltrated firms of Solicitors. In one case, a Timeshare salesman entered a personal relationship with a female Solicitor and then moved into her practice and under the guise of being an expert in the mis-selling of Timeshare Products. Does she sack him and lose her partner, or have a continuance of the potential scam, whereby she will later be struck off the role. That conundrum has yet to unfold, but will shortly.
If you believe you have a need to terminate a timeshare contract or believe you have a right to claim compensation, you need advice. Should you launch a misconceived claim, you WILL lose and should you lose, your opponent will want you to pay the costs they have incurred in defending your misconceived claim. Where will the “fake” lawyer be then?
Should you believe that the police will arrest him, and upon arrest, you will get back your money via Proceeds of Crime Order, you are wrong as that money will be taken from the scammer and used to offset the costs of the prosecution, the Police delivered to the courts.
With all type of industries, there are many different professionals within them. In saying that, in the building industry, you have Joiners, Bricklayers and Roofers, my simple proposition is when seeking a “builder” to build you a wall would you select a Roofer or a Joiner. Would you employ a Nurse to perform Brain Surgery, or a Consultant Surgeon to change a dressing? Would you employ a Law Cost Draftsman to litigate your case or a Legal secretary to represent you? Quite clearly not!
By employing an ex-timeshare salesman to deliver a timeshare litigation, you could be acting more bizarrely. Would you consider asking an expert timeshare salesman to perform open heart surgery on your behalf, or ask them to be a barrister, to deliver complex legal arguments in court?
It goes without saying that you have an express need to consider your own actions, you have a need to check if the person regulated or licenced and by reference authorities, regulated websites, not a merry bunch of conmen, venting their spleen because they have been exposed.
So, what can a Solicitor do?
It should not be forgotten that a Solicitor is an “officer of the Supreme Court” in the UK, but they have no authority in any Court in any other jurisdiction other than the UK.
They like Paralegals, Mackenzie Friends, and Legal Executives can operate in most legal areas like Small Claims Courts (cases less than £10,000), The Ombudsman Service, Arbitration, Mediations and The Official Referee, where most Timeshare claims are delivered and settled.
Should you elect not to use these alternative forums, then of course you could run the risk of costs sanctions, if you ignore the opportunity, therefore, these dispute resolution forums should always be considered, and when considered and rejected, of course, you can litigate the matter and with the aid of a Solicitor, who will more than likely be assisted by Counsel.
When presenting claims in countries like Spain, neither firms of Solicitors nor UK Paralegal have a right of audience in those jurisdictions. In TESS’s case, we have a network of Lawyers and do deliver cases and claimants to Spanish Lawyers. TESS has repeatedly assisted in the presentation of many international Timeshare cases, all of which we have won [to date], all of which have returned meritorious conclusions to TESS’s clients. All these cases have received bespoke funding arrangements, ensuring that no TESS client has been or will be exposed to adverse cost orders.
Thus, this proves the advice TESS delivers is good, TESS is successful, and its clients are not exposed to risk. TESS protracts litigation in the back and foreground, it provides the finance, and back up its advice with its own money.
It was once held that Solicitors were the Bastians of the law, yet the Law Society felt the rules should be relaxed, therefore were sympathetic to the fact that there are some expert Paralegal service providers and the advice they delivered was good, of benefit to consumers who were engaged in quarrelsome adventures.
In saying this, there are considerably more Paralegals than Solicitors, however, more solicitors are “struck off” than Paralegals [in proportion] and for contraventions of the Solicitor’s Regulation Authority’s [SRA] rules. At present one such firm is the subject of a major internal investigation by the SRA and should they find that their services are corrupt or they are delivering a poor service their service will be shut down, and the thousands of clients transferred to another.
It is therefore imperative and prior to instructing a Law firm [who claims they can assist you with timeshare disputes], you check them out. Not by visiting “fake” websites, delivering the unqualified subjective arrows, but a real website, who authors stand by what they say.
In many cases, the battleground can be asserted as you [the consumer] as in the well of Law and Legal claims there are good professionals, who are licensed or regulated and there are those who are not. So, check.
Others appear to be Claims Management Companies” who have been approved by the Ministry of Justice MoJ, however for claims surrounding PPI claims. Noteworthy is the advice of some consumer associations is “don’t deal with them“. That said, PPI challenges unlawfulness of Finance Contract Contacts, not the mis-selling of timeshares which results in a corresponding and “like for like” claim against a Bank.
In some cases, you have fake Lawyers who have worked in the Timeshare industry and the Leisure Credits Industry or those who have officiated over the sale of unlawful products and now attempt to claim they having good standing, whereas in truth they have failed miserably and to notice the products were in fact scams
Posted on: 14th December 2017