How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14820
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Platinum Services and Administration SL are saying they can

This answer was rated:

Platinum Services and Administration SL are saying they can lodge a claim in the Malaga courts to get me compensation for monies I paid to Sell My Timeshare and Monster Travel (companies involving Mark Rowe who I understand is the subject to Spanish prosecution for fraud). Can you tell me if this is a genuine company ? They are seeking c.£2000 if court translation and admin fees with the promise of c.£18,000 recovery and guaranteeing return of the fees if unsuccessful. Also pointing out that if I pay by credit card and they do not deliver I can recover the fees under section 75 laws.
JA: Where are you? It matters because laws vary by location.
Customer: Leeds UK.
JA: What steps have you taken so far?
Customer: I paid £300 (on card) for a legal report and supposed register of the claim at court.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I originally paid £1500 to Sell My Timeshare/Monster and received credits to that amount which could be used to book holidays and flights, but it was never easy to do that and was pointless because I could book the same flights/holidays cheaper direct. They did nothing to sell the timeshare and internet research showed me it was a scam, so I wrote it off. Until Platinum contacted me saying they were dealing with many claims involving Mark Rowe companies under investigation for which courts have frozen assets to pay claims. Is this true ?

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

I would never recommend to someone that you pay a company abroad a large up front fee. The reason being you have no protection if things go wrong. The much safer option is to ask a firm to act on a no win no fee basis with no money up front. What typically happens if there is a scam, is the scammer sells your details to another scammer - if you were cold-called then your data rights may have been infringed too. You can make a claim under Section 75 but only if your consumer rights were infringed, not if you willingly paid money to a company which may not be legitimate. I cannot say here if they are or they are not legitimate (this is not a private forum so I cannot say anything which may be construed as defamatory) so I will simply say this - you should ask a no win no fee law firm if they can assist you here.

Many others are in the same situation - there are a lot of mis-sold timeshares around and they charge exorbitant fees to exit. Ideally, a law firm who specialises in timeshare claims should be instructed to stand the best chance of getting out of this at no cost. I am not sure if you were subject to pressure-selling, though these companies usually do this - they invite you to a lengthy meeting and they tempt you to pay a large up front fee - typical sales tactics. If the timeshare was not mis-sold then you may be bound to the terms and conditions meaning an exit fee is payable if you terminate.

JustAnswer cannot act for you as this is an internet forum, not a law firm, but any of the following should be able to assist you on a no win no fee agreement (nothing to pay up front) :

  1. https://www.lindermyers.co.uk/for-you/dispute-resolution/timeshare-disputes

  2. https://www.oakwoodsolicitors.co.uk/service/timeshares

  3. https://sarahwaddingtonsolicitors.co.uk

  4. https://www.timeshare-solicitor.co.uk

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

JimLawyer and 6 other Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you, ***** ***** what I thought. I initially was not too bothered about £300, but when they came back for more this week, having never suggested this would be in the process previously, I immediately became much more diligent before handing over any more money. So I will cease contact. Is it worth my attempting a section 75 recovery of the £300 ?

Yes, you can do that if you call the credit card provider - you are in time to do this so yes, I would go ahead. I would also be reluctant to speak to anyone who contacts you out of the blue / cold-calls you.

Customer: replied 12 days ago.
Platinum Services have responded as below, can you please comment on this.Dear Mr Butcher,We are fully aware of the malicious information posted up on the internet, and until the laws change, unfortunately it is something we (and others) have to put up with. With regard to various gossip websites perhaps you might be unaware of the following. We are sending it to you so that you might become aware of the types of companies that we are up against, and we hope that the following information will help allay any concerns you might have. We have clients who are involved with all these ´mentioned companies´, and we are well aware of the malicious press about us.Trading companies as well as individuals have a right to bring defamation proceedings, where the statement damages its business or trading reputation. To define further a libellous statement is one that is recorded with some degree of permanence. These would include statements made by email or on on-line bulletin boards, as the permanence is the downloaded printed version.For a statement to be defamatory the imputation must tend to lower the claimant in the estimation of right-thinking members of society generally. Even if the words damage a person in the eyes of a section of society or the community, they are not defamatory unless they amount to a disparagement of the reputation in the eyes of right-thinking people generally. If the words are likely to cause economic damage to the claimant and are published in writing or another permanent form and if the words are likely to cause economic damage to the claimant in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication, then there is right of redress.One of the many legal risks facing the companies hosting these forums comes from the law of libel. As a publisher they are liable not only for their own writings but also for the defamatory comments that users make on their websites. For some time, ISP´s have been taking down anything on request and not applying any human scrutiny to the request. They often take down a whole site though only one page might have been complained of. In any event Webmasters should act promptly to remove defamatory posts when they have been made aware of them.The Spanish law on Servicios de la Sociedad de la Información y Comercio Electronico (Services of the Society of Information and Electronic Trade) Law Nº 34/2002 Section 16.1.b states: ´Responsibility of the service providers for hosting or storage of information applies where we seek to have this material removed´, as this is where these companies are being hosted.In other words under Electronic Commerce (EC Directive) Regulations 2002, an Internet Service Provider or ISP cannot escape liability, once it has and been made aware that libellous material is appearing on a web page it is hosting and if necessary we will also serve papers on the ISP responsible for hosting the pages.All of the above equally applies to gossip websites around the world who host message boards and forums, with information posted by ´flame posters´, which seek to besmirch the good name of anycompany. Furthermore we believe that a large proportion of the malicious information being posted about us originates from the large number of companies we are currently taking action against.Finally if you personally try to post a positive comment regarding our company, you will find that is it ´subject to admin approval´ or if it gets posted, then within a day this is removed by their web administrators, after all why host a positive comment on a site that damages others reputations.I trust the above has clarified the situation, and look forward to proceeding with this on your behalf to a successful conclusion.Yours sincerely
Administration
PLUS ALSO
Dear Mr Butcher,Further to our previous communication, we can confirm our lawyers have now issued a Cease & Desist order to Mindtimeshare, following detrimental comments and false information on their blogsite about Platinum Services & Administration S.L.This is a legally enforceable order, denoting a cautionary notice, detailing alleged wrongdoing by the recipient, directing them to cease the offending activity. Otherwise, legal action will be taken.
Slander and defamation are criminal offences here in Spain, as well as in the UK.AdministrationRegards
Richard

Thanks, ***** ***** an answer on 10th September - for ongoing Q&A I have sent a premium service offer, thank you.