MacAnthony Realty International Ireland Limited

Insolvency proceedings begun:- www.insolvencyjournal.ie/

MRI Overseas International LtdMacAnthony Realty International Ireland Limited

26 September 2011

Meeting details: 2nd Floor, Kandoy House, 2 Fairview Strand, Dublin 3 on 7th October 2011 at 11am
Registered address: 28 Fairview Strand, Fairview, Dublin 3
Last accounts filed: 31/12/2008
CRO number: 386664

It may be Dominic Pickering can answer the questions but doubt this spineless bully will now the truth is all coming out.

I wonder if Peterborough United Football Club have anything to add?  I doubt it as they still believe MacAnthony to be a saint.

Read a little more about this company and ask your own questions?  Here

This issue is being discussed on ThePropertyPin

Members of the MRISG Forum are now demanding to know why UK and European Authorities allowed the scale of the MacAnthony Scams to go unchecked.

 

 

Spanish Class Legal Action FAQs

MRISG

MRISG

 

As a member of the MRISG Members Only Forum you will be well aware the MRISG are organising a collective legal action against Darragh MacAnthony.  The first action is already lodged with the courts in Spain and was discussed recently on this blog.   These FAQs are to inform individuals of the opportunities and will answer some common questions to our lawyers about this next action.

Note for Darragh MacAnthony, former Directors of MacAnthony’s Companies and associated companies.  It is only a matter of time now and is no longer if but when.
If you are an ex-director and wish to join forces as a prosecution witness as opposed to a defendant please contact MRISG.  The same goes for any ex-employee who feels that they can contribute to the legal action your evidence may be invaluable and you will not be alone.



1.  What case do I have?

MRI Overseas PropertyIn principle, everyone would have a civil against Martinez Echeverria Legal  Independence (ME/LI) given that the conflict of interest would have rendered  the legal representation service as “fake”. This would entitle anyone who  bought through ME/LI from Macanthony (MRI) to bring an action, as they would be  in this situation, for a refund of the legal fees paid towards the  representation.

2. How about a civil case against MRI?
This would most certainly be a waste of time and  money as these companies have been wound up and all but disappeared. However,  it is clear that Macanthony ran his companies as a tool to be able to protect  him from creditors, all the while flouting all regulations pertaining to fair  trading, bookkeeping, accounting and not the least important, business ethics  and morals. There is post about this legal angle at www.belegal.com,  and it would entail bringing an action directly against Darragh Macanthony  personally which, if successful, could see the winning party seizing his  assets, including his football club.

Martinez-Enchevarria Logo

Martinez-Enchevarria Logo

3.  How do the civil differentiate from the criminal?
The criminal requires intent to defraud and  monetary loss, by concocting a preconceived plan to persuade people to part  with monies AND such people sustaining losses. The civil case requires  contractual default either by not performing the obligation in the legal  representation contract or, where the contract would have been null and void  “ab initio”, that is, from its inception, due to the impossibility to provide  legal representation service, as is the case, quite simply because ME/LI were  already working for the other party.

Capital Financial Partners Logo

Capital Financial Partners

4. Who  are the alleged defrauders?
In principle,  MRI, Capital Partners and ME/LI, and the individual who caused financial harm  either directly, as a principal, or as an accessory (accomplices, co-operators).

5. Would  I qualify for criminal case?
If you bought  a property that was never built, or you bought a property because you were told  that you could get a mortgage, or on the basis of a “guaranteed rental”, or  once the property was known to not be built you were charged money to move to a  further one (“bait and switch”) or, if you chose not to change developments you  were charged to get your deposit acknowledged, and charged for it (“credit note”),  then there are strong grounds to believe that fraud intervened (fraud  understood as theft by swindle and misappropriation). We will however advise on  whether you qualify for one action or another on the basis of the paperwork you  have given us and what you can provide us.

6. Who  can determine in which position am I in?
A  lawyer with knowledge of the modus operandi of the triad (MRI, CFP and ME/LI)  would be able to tell you where you stand, legally. Currently, no more than a  few lawyers have acquainted themselves with this case.

7. What  is required to know where I am?
We will  need a short description of your position, stating namely whether your property  was built, and if it was built, if you were given a mortgage approval in  principle by CFP that convinced you that you qualified to get a loan and  therefore a property, if you were offered a rental package, if you were  subjected to the bait & switch session and ended up paying for this bogus  service, if you were given a “credit note” signed by  Macanthony or any of his acolytes and ended up paying for  this bogus service,  and a number  of other deceits that had, as a result, the loss (will attach a form for this).

8.  Can I run both actions at the same time?
No, the criminal action takes precedence over the  civil one and in fact, it already includes the civil one as part of the  compensations requested. If you start a civil case and then file a criminal  one, the civil case will be “stayed”, or interrupted, until the criminal one is  finalized.

9.  Can I just join a civil case and forget about the criminal  one?
Certainly, not a problem.

10. If other  claimants are pursuing via the criminal claim, will my civil claim be “stayed”,  that is, stopped?
Each claimant sues  individually and not as part of class action, which in Spain is reserved only  to Consumer Protection Associations. Therefore, the answer is no, you can sue  via the civil courts to obtain redress on your particular case.

11. Can we  all join under one case?
Certainly,  collective or joint actions are groups of claimants that sue together, within  one claim that encompasses all other smaller ones. But in reality, there are as  many claims as people claiming although they case is progressed as one unit.

12. What  is required to file the suit?
a.      Signed letter of engagement (to be advised on).
b.      Power of attorney (to be advised on).
c.      Supporting documentation proving your investment, with  particular reference being made to: contracts signed with the developer or  Macanthony, proof of payment of deposit, “bait and switch” documents, “credit  note” documents, rental guarantees and mortgage approvals in principle.
d.      Any correspondence you may have had with Macanthony  employees.

13. What if I have already sent the paperwork and letter of  engagement to another member of the claimants’ legal team? 
There is absolutely no problem as all claimants will  be joined under one action and the objectives and aims pursued are the same.

Marbella14. Where  will it be filed?
Jurisdiction is still  not determined but in principle, the main center of the activities carried out by  Macanthony was Spain, in particular Marbella,

15. How long  will the Court case take?
It is difficult  to tell given the variety of results when this question is made. We have been  involved in a Court case that has just settled, prior to hearing, after 10 years,  in relation to timeshare resale scam (details can be found at www.lawbird.com). This  is, however, an abnormal and exceptionally lengthy case that has slept in Court  for years and therefore, it is not to be used as an example. Statistically, a  Court of First Instance case in Spain takes up to 6.9 months, and a Criminal  case 8.9 months. This is perhaps also optimistic as most case would be filed by  one single claimant against one single defendant, as is not our case, and so I  would therefore be more comfortable with increasing this forecast by twice as  much, at least.

16. Do  I need to come to Spain to sue?
No, it can  be done with powers of attorney although there is a possibility, not  insignificant, that the defendants decide to call the claimants/plaintiffs to  give a statement and that therefore, they have to attend personally. This,  although unlikely, is possible.

17. How much  are the fees?
After some discussion, it  has been proposed that a fee of 7% of the sums claimed, plus VAT (18%), would  be appropriate, 50% of which would be payable in advance and the balance on  successful recovery of the sums and provided the sum obtained covers the  balance of the pending legal fee. With a view to facilitate the payment of the initial 50%  of the legal fee for the action, the initial payment can be split as follows: –

On signing the letter of engagement:    €500 –
Payment  of  balance staggered:   6  equal monthly payments.

18.  What about translation costs?
We do not have an issue with English documentation as the lawyers are able to  do the translation in-house, and therefore, no further fees are required. If  the documentation is in any other language different from English, Spanish or  French, they would need to have the documents translated. In principle,  translations need not be official provided the other party does not challenge  the validity of these, which may occur only of the quality of the translation  is poor, inexact or, alternatively, they wish to introduce the challenge as a  spurious delaying tactic (a move that may, ultimately, backfire on the  defendants).

19. What is latest about the MRI and Martínez-Echeverría  Association
The  Association has now been duly incorporated. This organization is a non-profit  making entity that will have, among its aims, to assist and endorse the legal  case to be filed with the Courts, exposing the wrongdoings committed by the above  companies and individuals at different levels, inclusive of media, Government  and judiciary. Any person can join the association and in due course, members  will be advised on the sum of a small contribution to cover maintenance costs  that will allow the association to carry out the actions required to attain its  objectives.

20. What do  I need to get started?
In principle, indicating  your willingness to join an action against will suffice, by emailing the  address contact@mri-sg.org, indicating  your contact details. Upon receipt of it, we will forward you a short request  for information that we will use to advise on the likelihood of joining one  action of another. The documentation we will require is listed on point 12.c.  We undertake to provide you with an answer within 10 working days in respect of  the action you are most likely to pursue.



Please read these questions carefully – if you need to speak to someone personally send your contact details to contact@mri-sg.org and your details will be passed to a member of the forum who will call you personally to discuss.

If you want to be part of this legal action for justice – Now is the time to come forward!

Rest assured you need not fear any further threats from any member of the MRI group,  their lawyers or directly from Darragh MacAnthony.
We also know they read this blog and strongly suspect they also read the members only forum illegally and/or pay others to supply information illegally.  So they will be very aware they could be breaching UK and Spanish Law by trying to Harass, Intimidate or Bully you any more and they could be subjected to criminal proceedings relating to any such actions.  They will also be aware they are in breach of copyright and federal hacking legislation if caught hacking the forum too.

Also be aware some of our members have had offers to settle their disputes or provide the service paid for and promised but the promises have proved to be just that and are not fulfilled or not what they thought was agreed.  So please be aware of the MacAnthony methods and speak to the the lawyers before agreeing to anything.

MARTÍNEZ-ECHEVARRÍA Fabrication or Truth?

Do these people never give up trying to extract money from the MRI Victims?

Please be informed that the Martinez-Exhevarria are the same people as Legal Independence the lawyers in Bulgaria who were supposed to represent clients buying through or from MacAnthony Realty International companies.  Yet MRISG have irrefutable evidence that they worked for MRI as part of the whole process yet took money from clients by false representation.  Martinez-Echevarria also appear to be passing themselves off as Martinez-Echevarria Legal Business School , a legal business school with links to the London School of Economics, University of la Rioja, Michael Page Tax & Legal and ADM Management and Business School.  It makes you wounder if these other organisations and the Law Society in Madrid have done their ‘Due Diligence‘ or not.  However, mention of Darragh MacAnthony or MRI on their CV or websites is significantly missing… We wonder why.

The following was sent to an MRISG Forum member.


 

Martinez Echevarria

 

 

Dear Clients,

We are writing to you with the latest update regarding Silver Mountain Resort, constructed by MRI 2.

Previously we informed you of the fact that MRI had not fully completed the complex and had not obtained the final certificate – the Permission for Usage (Protocol 16).

This provoked some of the clients with signed title deeds to raise a claim before the court aimed at rescinding the title deed, suing MRI for refund of the price paid plus compensation for the damages caused.

Now we would like to confirm that the first court decision suing MRI for non-fulfillment of their obligation to fully construct Silver Mountain Resort is a fact. The clients suing MRI were resoluted to received the following payments from MRI:

1)     The full purchase price of the apartment paid by the clients;
2)     the full price of the furniture paid to MRI by the clients;
3)     the full membership payment for “Lifetime AfterSales”
4)     the guaranteed rental income due for 1 year under the Contract for rent of the apartment;
5)     the  penalty of 0,01% of the purchase price  per day for each day of delay in obtaining Protocol 16;
6)     all closing costs, paid by the clients for signing the title deed- stamp duty, land register agency fee and notary fee;
7)     legal fees and court tax deposited by the clients to sue MRI;

This is the first instance court decision which in principal is subjected to appeal. However, considering the grounding of the first instance court, there are no doubts that the second instance would confirm this decision.

In the meantime, there are no actions whatsoever on part of MRI Construction aimed at completing SM Resort. On the contrary, the apartments that were left unsold were mortgaged  in favor of another bank.

We strongly recommend you, having the recent Court decision in favor of the clients, and following our previous advice, to sue MRI for full refund. Having already the first decision in favor of the clients we believe that this is the most appropriate way of action, and the only way to recover all funds paid plus compensations.

We need to move fast and interdict assets of MRI2 as soon as possible at the same time we are starting the Court action. 
We are ready within the next 24 hours to answer whatever questions you may have.

Being your legal advisor at the signing of the deed, we hope that providing you the latest news and options available now is useful to you.

Should you have questions or decide to start legal actions, please, do not hesitate to contact us directly. 

Kind Regards,

Tsvetelina Marinova
Lawyer
MARTÍNEZ-ECHEVARRÍA, PÉREZ Y FERRERO, ABOGADOS
Moskovska, 17, 3rd floor. 1000 Sofia, Bulgaria.
Tel. +359. 24 019 510. Fax. +359. 24 019 511
www. martinezechevarria.com


Legal Opinion in Spain is that this is just Martinez-Enchevarria trying to, retrospectively, manufacture evidence that they have always working for the interests of their MRI clients.  Please note that the recipient of this letter has never been a client of Martinez-Enchevarria but was of Legal Independance…. Clear evidence they are one of the same company and are using the same client database.  Also note that this client clearly told Legal Independence he no longer wanted them acting for him due to finding out that Legal independence was part of the wider MacAnthony Scam.

Further there is no mention of which lawyers in Bulgaria have achieved this court action.  If it had indeed been Ms Marinova she would, presumably, have been very keen to inform potential clients of her achievements.

What this letter fails to note is that they know very well that MRIC have had their assets taken over by a Bank and MRI’s lawyers in Bulgaria, GUGUSHEV & PARTNERS, are now apparently administering disposal on behalf of the banks. If this is the case where would the Bulgarian court order the seizure of assets from even if they were to get people to appoint them to fight a case and win?

This looks like a desperate attempt to simply manufacture evidence, in hind sight, to defend themselves in a Class Criminal action to be brought by the MRISG members.

What do you think the motivation is?  Read it again and make your comments below.
If Martinez Enchevarria staff have any comment please make that below as e-mails attempting to rebut or challenge anything published on this website will be ignored.  The correct process is to post your rebuttal or corrections below.

Darragh MacAnthony – Founder of MRI – Saint or Sinner?

By linking his name to a number of local charities is Darragh MacAnthony, founder and ex-Chairman of the troubled property company MacAnthony Realty International (MRI) trying to reinvent his somewhat tarnished public profile?

Is this personal PR crisis also the reason why Darragh is funding The Helping Hands Group, an education centre for adults with learning disabilities, which has close ties to his another of his business interests Peterborough United Football Club.

MacAnthony recently wrote on his narcissistic website that he too has been “scammed, robbed and ripped off to the tune of millions” by investing in one of Bernie Madoff’s funds.

Darragh & Natali MacAnthony

Darragh & Natali MacAnthony

He also writes that he has taken this considerable financial loss without complaint or self-pity.

Scammed, robbed and ripped off and totally screwed out of millions”.

Are these the words of a man without complaint? For someone who claims he is not one for self pity there seems to be a lot of complaint on his blog; he moans about developers and furniture companies who went bankrupt, owing him money; he moans about clients who walked away from their contracts, which many believe to be unfair and biased, also owing him money; he complains about bitter ex-employees and competitors who seemingly have nothing better to do than to spend their time and energy just trying to discredit him. Why?

MacAnthony Country

MacAnthony Country

MacAnthony appears to have an exaggerated sense of his own self-importance but more worryingly he fails to accept any responsibility for his own actions in the perceived mismanagement of MRI.

Scammed, robbed and ripped off”, Darragh? Isn’t this also a pot calling the kettle black?

MacAnthony is very fortunate to be in a financial position to lose millions – not so lucky are all those clients in the UK and Ireland who have lost their retirement funds and hard earned savings by believing and trusting in MacAnthony’s sales and marketing machine called MRI.

It could be argued that MacAnthony’s ‘millions’ came from monies paid to his company in advance payments for furniture (some packs never received), deposits paid on apartments (never finished and in some cases never started), advance commissions from developers, after-sales services (not provided), the list goes on and on and on… What he and his directors is to have just taken money from their client accounts and not profits.

Has MacAnthony been advised that to be seen to be giving money to good causes is a sure sign of his honesty? Maybe he’s not a bad guy after all? Or could it be just another shameless PR ploy?

It’s interesting to note that the list of donations made by Bernie Madoff to numerous charities in the 10 years prior to his arrest is considerable. Madoff undertook charity work and made gifts through the Madoff family foundation to hospitals and many educational, cultural, and health charities. Unfortunately some of these were eventually forced to close because of Madoff’s massive fraud.

A ruling against MRI by the National Federation of Property Professionals (NFOPP) in September 2009 found that their Code of Conduct had been breached in 5 areas (see below)

National Federation of Property Professionals

NFoPP

‘The Tribunal were appalled to hear of the Company’s misleading business practices, including unfulfilled promises of guaranteed rental returns and misleading descriptions of the facilities that would be available to owners. The Company accepted deposits for unbuilt and unidentified properties. In some cases a purchase price was not included in the documentation provided to buyers. These problems were compounded by the Company’s poor service, including their reluctance to resolve grievances after sales had been agreed.
Despite these omissions, the Company’s position is that there is no right of cancellation by buyers, and therefore their deposits have not been returned to them. As a result members of the public have lost considerable sums of money resulting from false and enticing statements made by the Company.
The NAEA has received a resignation of membership from the Company. As membership is individual and personal, the Tribunal understands the NAEA has presumed that Mr D MacAnthony has resigned. The Tribunal welcomes this development as they would have had no hesitation in terminating his membership in addition to the financial penalties imposed.’

MacAnthony seems to think that to make an informed decision his inexperienced clients did not need to be told the truth about these property investments and aftersales services being sold by MRI.

If these clients had been made aware of the hidden ‘truth’ behind their dream of owning a property abroad – would they still have made the same decision to buy?

Instead of addressing these client’s legitimate complaints, MRI chose to ignore many of their client’s letters and phone calls, they also chose to use legal threats against clients that were already distressed, having discovered that they may have been seriously misled.

At present, MacAnthony seems to be reinventing his role in this disgraceful charade and describing himself as semi-retired between 2005-2008. Even though 2006 and 2007 are considered the ‘golden’ years for MRI but then again these are also the years that MRI failed to file their accounts by the due dates.

Now the honest, family focused, misunderstood businessman is pledging his support to local charities. Unfortunately some clients of MRI have not been lucky enough to experience this charitable side of MacAnthony’s character, instead they have been threatened with legal action for the temerity to fight back at companies like his and make themselves heard. Some have even been intimidated verbally by MacAnthony and his ‘posse of directors’ at meetings held throughout the UK and Ireland over the last two years.

Meanwhile, MacAnthony Reality International (aka MRI Overseas Property) have relocated to an address in Madrid, which does not technically exist – they have a website with no contact details apart from an e-mail address and an occasional update from the CEO of MRI.

Can this be the reason why MacAnthony is so keen to make clear that he is the ex-Chairman of the MRI group of companies? Although MRI Construction is still listed as an club sponsor on the Peterborough United website.

Confused? So are his clients who have lost thousands of Euros.

What a tangled web…

Biography

Peterborough Football Club Shirt

MRI Sponsorship

Darragh MacAnthony (born 24 March 1976) is a property entrepreneur and football club chairman. As a 15-year-old, he moved to Spain with his family.
After his education he worked as a time-share salesman for Club La Costa.

MacAnthony formed the property group MacAnthony Realty International (MRI) in Marbella in 2000, he also founded the financial group Capital Financial Partners. MRI sells overseas holiday homes to mainly Irish and British customers. The Sunday Times Rich Listestimated his wealth at £150 million in 2007, and £68 million in 2008.  He divides his time between his primary base in Florida (since 2010), a home in Marbella (Casa MacAnthony) and frequent visits to Peterborough.

Several of MacAnthony’s companies have recently gone into liquidation (Oct 2010); some of them appear to be winding down and have failed to submit their company accounts on time, risking being struck off. According to an eminent Spanish Lawyer, Antonio Flores, MacAnthony and his directors could be sued in the Spanish Courts for criminal offences.

Questions about MacAnthony Realty (Reality) International Overseas Property,have been asked in the European Parliament by Roger Helmer MEP After receiving many complaints about the operations of MRI Overseas Property he asks, ‘Is the Commission aware that a company operating under the name ‘MRI Overseas Property’ has been the source of numerous complaints by customers all over the European Union?’.

In the UK Parliament Sammy Wilson MP has proposed and was granted an Early Days Motion on the 23rd March 2010.

Since September 2006 he has been chairman and owner of Peterborough United Football Club.

References

If you can add to this list please add your comments below.