TCA recently published an article regarding Muca Asesores. Although we spend quite some time researching facts behind articles, it’s always satisfying when members of the public add further evidence. Recently we received an email from a lady who was cold called my Muca, below we publish the content of the email:
“I have had a cold call from the above company saying that I have a compensation payment waiting to be claimed at the Madrid court for timeshares my husband and I had several years ago. My husband died 6 years ago.
I did not enter into any agreement with the person who called me and when I said I needed time to check things out he became quite agitated and he decided he was not going to help with my claim.
I refused to pay what he said were just the court fees of £1500 to proceed. They were for a Court registration fee and a notification of some sort and translation from English to Spanish.
I expect other people have had these calls as I’m positive it is a scam. Please notify anyone about this company.”
So a cold caller getting agitated then throwing his toys out of the pram when confronted by a lady who rightly wished to carry out her own due diligence, this followed by the caller removing the offer of claims assistance, all very professional…..not.
The court process in Spain – A brief recap
The first and most important point is that if the first time you become aware of a settlement from a court case comes from someone telling you there is money to claim and it’s already with the court, then it’s a lie. For any case to be presented to a court anywhere, including Spain, there must be two components. The defendants, in this case the timeshare company and the plaintiff, being you.
To start the process you will need to employ the services of a timeshare versed legal practice. If the lawyer then concludes you have a case, you will be requested to sign a power of attorney, duly notarised and apostilled in your country of residence. The reason for this is that this document gives the lawyer permission to act on your behalf and attend court as necessary, thus alleviating the need for you to keep hopping on planes and visiting Spain every time there is a court appearance required.
As supplementary evidence will be required, there may be a need to submit a witness statement or statement of facts. As per any court case, the defence need to present evidence as do the prosecution. Judges work on evidence, not pie in the sky.
Ultimately, if your case is won, the lawyer will have supporting court documents confirming the prosecution together with the judge’s order for financial restitution. Albeit these documents will be in Spanish, the lawyer will send you copies as evidence of a successful outcome.
If this process hasn’t taken place but you are informed that money is ready to distribute then it’s a scam, fraud and all lies.
TCA comment
Using literal translation, an asesoria means “advisor” they are probably closer to an accountant than a legal advisor, they certainly aren’t Abogados or solicitors, to give the English translation. They definitely cannot represent clients in court legal matters.
Even lawyers in Spain engage the services of a procurador. The procurador is a legal professional frequently hired in Spain to reinforce the link between clients and courts. Specialised in procedural law, the procurador is well acquainted with all the judicial proceedings and is able to provide for a better representation of the client before the court. Muca are neither Abogados nor Procuradores.
Once again we will reiterate that if you have no prior knowledge or involvement in a court case in Spain then there has been no case. How could a judge award monies to individuals if said individuals have neither given evidence nor are aware of any involvement in the prosecution, this would indicate that the judge is unaware of these so called plaintiffs as well.
As we pointed out in our initial article, despite Muca stating their office is at Calle de Velazquez 27, Madrid, 28001, we doubt it. This building is a very impressive office in Barrio de Salamanca, one of the most exclusive areas of Madrid, interestingly, services at this address also offer virtual offices. We find it odd that being based in the capital of Spain, Madrid, the following statement appears on the Muca website:
“We work with a team of experienced lawyers on the Costa del Sol, who deal with a variety of different matters including land banking, failed property purchases, holiday clubs and failed investments.”
In our first article we stated:
“Despite the registered address for both companies being Madrid and Ciudad Real respectively, we believe the operational centre is in Fuengirola, Southern Spain.”
We stand by this.
In all honesty, the lady featured in this article would have a much greater chance of getting any money for her £1,500 requested by buying lottery or Euro Millions tickets. Here there is a chance of getting some money back. £1,500 paid to Muca will simply be money lost.
Once again, we would suggest extreme caution if you are contacted by this company.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk