Mid Week Report

One of our regular readers has sent in a link to another website giving David Cox a bashing, it certainly looks like he has annoyed a lot of people. Well that is not surprising, he does attack anyone with his ranting lies and false information, all to try and give himself and his company TESS Paralegal Services Ltd credibility.

This website which was registered at the end of March, is hard hitting and well written, the author or authors who have remained anonymous for obvious reasons, also seem to have a sense of humour.

It goes on to vilify his writing skills or rather lack of, calling him “Dyslexic Dave” and “David “The Dunce” Cox”, but it also explains that he is also under investigation by Avon & Somerset Police due to his dealings with Mark Rowe and Monster Credits. The article also asks the question why his rants against Monster have been removed from his website, after all he did even attack his former partner.

Inside Timeshare knows he has been sent legal notice of action to remove his posts, as yet no response from him has been received by Inside Timeshare or any of the other parties involved. No new posts have been published since the end of March, he just seems to have melted away into the shadows where he belongs.

He has duped timeshare owners all over the UK first with his ownership of the Timeshare Consumer Association, which was once run by the late and esteemed Sandy Grey, then using that platform to enhance his own business TESS. The people we feel sorry for are the poor consumers who have been taken in by this charlatan.

Click on the link below and have a bit of a laugh.

http://timeshareexitsupportservices.com/

Silverpoint Ordered to Payout Immediately.

One Belgian client of Canarian Legal Alliance has now been paid over 100,000€ by the Court of First Instance, Arona, Tenerife. In this case the court ordered to Silverpoint to pay immediately and also declared the contract null and void.

The Barrister for CLA has received the payment and this is now being transferred to the clients personal account. This is not the full amount as the court are still calculating other sums due the client.

It is obvious from this, the courts are taking a dim view at Silverpoints continual delaying tactics, which has resulted in delays and considerable court time in chasing up. There is also a system of embargoes which the court can enforce, this will freeze assets and bank accounts, allowing the court to withdraw the funds at their will.

Canarian Legal Alliance have also set into place a system where they now have lawyers whose task is to file these embargoes with the court and enforce the settlement in favour of their clients.

Silverpoint have a history of delaying and this is a clear warning from the courts that they will no longer tolerate this behaviour. It is a good sign for the many client that have cases against this company, speeding up the return of their money.

https://www.canarianlegalalliance.com/silverpoint-forced-courts-pay-100000e/

Another warning is being issued about a fake law firm called Abogados Lopez, operating out of Malaga and Las Palmas, Gran Canaria. They use the telephone numbers:

0034 951242867

0034602654670 (mobile)

The scam is very simple and they are very adept at making consumers believe them.

The call comes from a woman (possibly Dutch) called Hope Brugge, in her call she seems to know many details, that the case is going to be heard in court the following day. The next call is to say that the court has found in the client’s favour and awarded Ex amount.

To have this money released the client needs to send an amount via bank transfer to an account in the name of an individual, they are using numerous accounts and names.

This is also backed up by fake but official looking paperwork, do not be taken in by them, if you do have a case with a law firm, contact them for verification before engaging with Hope Brugge and paying any money.

This is a very well laid out fraud.

If you have any questions or comments about this or any article published, then use our contact page and we will get back to you.

Been contacted by a company, found one on the internet and not sure if they are genuine, then ask Inside Timeshare, we will point you in the right direction.

The Tuesday Slot with Irene

Welcome to the Tuesday Slot with Irene, today we welcome yet another new contributor Mike Yelton, edited as always by our very own Irene Parker. This article will also be of interest to our readers in Europe, as many have been victims of similar tactics, so we are asking our readers, both members and hopefully developers, to weigh in on the discussion questions posted throughout Mr. Yelton’s article.  

The deception that prompts the presentation, as happened to Mike and Joyce Yelton,  is often the reason why the ultimate end is the timeshare exit company when the developer will not address these issues.  

If the developer would clean up the sales process, the back end of the timeshare exit problem would go away, or at least be reduced. Until the developer owns up to their being a part of the problem, the angry and desperate timeshare owner is here to stay..

Is Freewheeling Credit Card Lending Here Again!?

The Over Reliance on Credit Card Lending

Our Stormy Point Village, Summerwinds Experience

By Mike Yelton, Army and Air Force Vietnam Veteran

May 22, 2018  

Introduction by Irene Parker

Was this Elder Fraud?  

Was this Credit Card Fraud?

Was this an Unfair and Deceptive trade practice?

Was Summerwinds resolution to the Yelton’s offer fair?

Inside Timeshare has been receiving an increase in complaints about timeshare credit cards opened onsite and credit card charges made without authorization. This is exactly what the Consumer Financial Protection Bureau worked so hard to put a halt to when Wells Fargo agents opened credit card accounts without the cardholder’s knowledge. Undeterred, Wells Fargo moved on to a $1 billion penalty announced April 20, 2018. This penalty was levied due in part to interest rate-lock promises. Mike and Joyce Yelton’s timeshare upgrade experience is somewhat similar, although they were promised a rate lowering.   

Another Wells Fargo Settlement

WASHINGTON, D.C. — Today the Bureau of Consumer Financial Protection (Bureau) announced a settlement with Wells Fargo Bank, N.A. in a coordinated action with the Office of the Comptroller of the Currency (OCC). As described in the consent order, the Bureau found that Wells Fargo violated the Consumer Financial Protection Act (CFPA) in the way it administered a mandatory insurance program related to its auto loans. The Bureau also found that Wells Fargo violated the CFPA in how it charged certain borrowers for mortgage interest rate-lock extensions. Under the terms of the consent orders, Wells Fargo will remediate harmed consumers and undertake certain activities related to its risk management and compliance management. The Bureau assessed a $1 billion penalty against the bank and credited the $500 million penalty collected by the OCC toward the satisfaction of its fine.

https://www.consumerfinance.gov/about-us/newsroom/bureau-consumer-financial-protection-announces-settlement-wells-fargo-auto-loan-administration-and-mortgage-practices/

Here’s what happened to Mr. and Mrs. Yelton. I have interspersed discussion questions hoping our readers will offer their input in our comment section. We encourage responses from the industry in addition to reader responses. We hope meaningful dialogue will help bridge the gap between the angry timeshare member and the timeshare provider.         

By Mike Yelton

My wife Joyce and I, both 79 years of age, bought a Stormy Point Village timeshare in Branson, Missouri in 2015 and upgraded in 2016. We enjoyed our stays there and had no major complaints until December 2017 when we attended what they said was a ‘mandatory update meeting’. We were told that if we did not attend we would lose our benefits. At that meeting we feel we were deceived and lied to. We may be older, but we are not stupid.

Discussion Question 1

Do you think it is fair for a timeshare member, who has made a prior purchase of a deeded week, be required to attend an update, threatened with the risk of losing their benefits if they did not attend? The Yelton’s would not have become angry owners had they not attended the meeting and we would not be writing this article.    

At this mandatory update, the salespeople presented what they described as a “change in need” or an exchange in benefits. We were led to believe it was not an upgrade. They said they could lower the interest on our loan if we opened a new lower interest rate credit card.

Discussion Question 2 & 3

Do you think this was more an attempt to open credit card accounts and sell an upgrade, rather than actually addressing the customer’s needs?

Was the “change in need” enough of a reason to tell the Yelton’s they would lose their benefits if they did not attend?

Due to our health we cannot travel far from home. We don’t live far from Branson. We were told if we wanted to limit our use to just Branson, two weeks could be broken down into four parts. We signed the papers, but later we found out we had purchased an upgrade which we did not want or could afford.

We felt we had become a victim of the unauthorized opening of credit card accounts and unauthorized charges made. We were not aware the cards had been opened or that an amount had been charged. We didn’t know the cards had been opened until not one, but two Bank of America credit cards showed up in the mail! We had agreed to one card being opened because they said it would be at a lower interest. It was never mentioned the card was being opened for the purpose of buying an upgrade. The cards have been canceled as Bank of America agreed they were opened without our knowledge.

Discussion Question 4

Was it deceptive to tell the Yelton’s the card was being opened to lower their interest rate if charges were made to make a purchase? What could have been done so that the Yelton’s would have been aware the card was being charged to purchase a timeshare product? From members young and old, we are hearing about credit cards opened and charged, and even loans taken out when the member was not aware. It seems the first thing a sales agent does is to run the card to determine the credit limit and then back into the maximum point purchase.  

To our utter dismay we learned that the sales agent charged $7,000 on a card opened in my name and $4,000 on a card opened in Joyce’s name! The salesperson told us we could charge up to $11,000 on the card but he NEVER said he was actually charging that amount of money or that he was opening two cards. He just charged it without even asking! We both were there. He told us we would get a check in the mail, which we should sign and send in, in an envelope that would be included with the check. We have no idea what the check was about, but no check ever arrived.

Discussion Question 5

Should the sales agent have explained to the Yelton’s why they would receive a check in the mail? This question was asked to encourage timeshare buyers to challenge vague statements like this. For example, Inside Timeshare has received many complaints from members purchasing additional points because they say they were told “You can pay your maintenance fees by charging purchases on the new credit card.” The problem is – the consumer typically does not ask the next question: What is the actual value? If 1% is credited, a family would have to charge $100,000 in one year to pay a $1,000 maintenance fee bill.    

We expected Summerwind to cancel the deceptive upgrade. We sent a letter of complaint to Summerwinds which they ignored. We then filed a complaint with the BBB which did get a response. Summerwinds asked us to take down the complaint so we could discuss the issue without a third party. They offered us a cancellation on the upgrade but not a full cancellation of our timeshare, which would have required the prior outstanding loan be cancelled.   

Discussion Question 6

Do you think the offer Summerwinds proposed was fair?

We will allow the cancellation of the last upgrade.

The debt prior to this purchase is still your responsibility.

We will start the first year of use for 2019 on the new contract. We will give you one free week in a 2 bedroom unit for use in 2018.

We will refund the amounts placed on the cards and any payments made to the lender since the time of your upgrade.

They never apologized for opening the second card or charging the credit cards without our knowledge. We had some good times at Summerwinds, but because of this experience, we have lost all faith in Summerwinds. We dread checking in.

Discussion Question 7

Should Summerwinds have apologized for the mistakes? Lawyers will be quick to respond….but not so fast. Hug your Haters author Jay Baer, obtained this answer from attorney and litigator Michael Laskey of Davis and Gilbert law firm in New York City.    

“In some corners of the business universe, anyone interacting with customers is prohibited from saying (or typing) an apology, because it is believed – by particularly Draconian attorneys – that it could weaken the company’s position in a legal proceeding.” “In the world of Charles Dickens, ‘If that’s the law, then the law is an ass,’”

Mr. Laskey emphasized that of course companies should be careful about what they say, but the answer is not to ever say “I’m sorry.” p 125

http://insidetimeshare.com/?s=hug+your+haters

So there you have it. Mr. Yelton has produced lots of food for thought. This is the YouTube Mr. and Mrs. Yelton produced. https://youtu.be/a1XCF479oa8

We hope you will express your thoughts on our comment section.

Summerwinds Resorts Services, LLC has a BBB rating of F

https://www.bbb.org/stlouis/business-reviews/timeshare-companies/summerwinds-resort-services-llc-in-branson-mo-29040/reviews-and-complaints

Inside Timeshare has received complaints from all branches of the military as well as law enforcement. We have reached out to Whistleblowers of America, a nonprofit that seeks justice for veterans, Active Duty military and government workers. We encourage those who have been assisted by our efforts to make a donation to this worthy organization. https://whistleblowersofamerica.org/

I have never served my country, but I am honored to serve those who have by providing the means to let their voices be heard. Thank you to Mike for joining Inside Timeshare as a contributor and for your service to our country.

Additional self-help groups that can aid in your due diligence:

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

In Europe we have not yet seen this use of credit cards, but we are familiar with finance being arranged by the sales staff, the main provider of theses loan agreements is Barclays Partner Finance. We have many readers who have informed us that they told the sales staff they could not afford the timeshare as they were only on pensions.

Yet after many hours of high pressure sales tactics they eventually agreed to finance being provided, the unfortunate thing is the usual due diligence checks such as income versus outgoings reports have never been done. Eventually this has ended in severe financial hardship.

It has also been the case that many of these loans have been brokered by unauthorised and unlicensed staff and companies. Yet the banking industry still allows these agreements to take place, putting yet more people in financial crisis.

If you have any comments or questions on this or any article published, Inside Timeshare would love to hear from you.

 

Start the Week

Just as we were about to publish last Friday’s Letter from America, news came in from the Court of First Instance Number 3, Abona, Tenerife on the sentence made against Diamond Resorts Tenerife Sales SL.

In this case the court ruled on several infringements of the law 42/98, thus the court ruled that the contract was declared null and void with the client to receive a total of £44,790 which included double the deposit taken illegally on the day. (See PDF of sentence below)

1st N3 Diamond data protected (cla)

The EU Timeshare Directive 2008/122/EC which supersedes previous one along with the Spanish law states that no deposit shall be taken within the 14 day cancellation period (cooling off) even by a third party.

It is also stipulated that the consumer must also be informed of this prohibition in writing, failure to do so along with other information required by law, extends the cooling off period to 90 days. The courts are penalising resorts by paying the consumer double the amount taken within that period.

We have seen some sales decks using the method of issuing a voucher for accomodation, or even moving the purchaser into the resort and stating the payment was for accomodation, the courts have determined that this is indeed a payment to a third party to secure the sale, so is classified as a deposit.

Up until January 1999 most contracts were in what is known as perpetuity, or never ending. It was thought that as the original concept of timeshare was looked at as property, perpetuity appeared to be good thing. The law makers decided that contracts should be for a minimum of 3 years with a maximum of 50 years.

The thinking behind this was simple, it was felt that it is inherently unfair to saddle the children of purchasers with an ongoing debt for maintenance on a contract they did not instigate or sign.

The idea of “floating weeks & points” systems was made illegal due to the fact that they lacked any substance. With the fixed week system each purchaser was given a specific week number and apartment number. This was then logged at the land registry, this also had the effect of stopping overselling and guaranteed the purchaser a specific week in a specific apartment.

With the floating weeks and points systems you own nothing apart from a right of use which is subject to availability. You became a member of a vacation club rather than an owner with specific rights.

The sales of these were not governed to the same extent, therefore the resort was able to double, triple or even quadruple its membership. In other words have more members than actual weeks available, so actually being able to get your preferred date became a lottery.

It also has the advantage of more income in regard to maintenance fees, so obviously more profit!

There are other laws which are also being used in bringing these cases, they range from Civil Consumer Laws, Mercantile law and Criminal Law. All this is to protect the consumer and regulate an industry that for many years did what it liked, believing it could not be touched.

See PDF’ below for the English & Spanish version of Law 42/98 and EU Directive 2008/122/EC

42-1998 in english

42-1998 in spanish

eu_timeshare_directive_2008 Highlighted

There are many companies springing up now who will tell you that you do have a claim, many will entice you with a “no win no fee” offer. But then in order to do this you must first pay for a cancellation, this will cost thousands and as many of our readers have since found out, their contracts have not been terminated.

At present the only country in Europe that is seeing cases going to court is Spain, so unless your purchase was in Spain after January 1999, with the main criteria as above, then you may not actually have a claim possible.

If you have been contacted or have found one of these companies on the internet, it is important that you do your homework and check them out thoroughly. If you need any help in doing this then contact Inside Timeshare and we will point you in the right direction.

 

Friday’s Letter from America

Welcome to this weeks Letter from America, in this article which replaces the one scheduled, which we pulled once again at the last minute due to a very good response from the timeshare company, Irene Parker explains how US timeshare owners can file a complaint.

In Europe, Spain leads the way in protecting consumers of timeshare, we do understand that in the US, each state is responsible for their own laws, there seem to be no federal laws which govern the sale of timeshare. Europe has tried to unify how timeshare is sold, the unfortunate thing is that in many states the industry (with their large corporate law firms) have held sway.

Spain, which was one of the main areas where timeshare resorts were being developed, has suffered from the bad press associated with the industry. People being hijacked on the street while on holiday, bundled into taxis to endure hours of hard sell by unscrupulous sales agents. Although the blame must be on the sales and marketing companies,who paid only on results, commission only. Many start out okay, but the pressure to produce is enormous and an agent can be forced out by being given poor quality “ups” if they don’t produce.

The European Union developed a series of timeshare directives which each member state had to enact into domestic law, many have watered them down, Spain on the other hand decided that they needed to be strengthened and enacted Law 42/98.

This law came into force in January 1999, since then it has been strengthened by Law 4/12 along with the many Supreme Court rulings.

This now gives consumers more protection, no deposits within a 14 day cooling off period, no contract longer than 50 years, no points or floating weeks systems, with many other safeguards.

There are other laws which protect the consumer which are being used in the many cases coming before the courts, these include the civil consumer laws, mercantile law and by no means least, criminal law.

The way consumers are enticed to attend presentations has also been looked into, OPC’s are now regulated and licensed, unlike before. Infringements of the regulations can result in very severe penalties.

Timeshare in Europe has a very bad reputation because of the past, the original concept cannot be faulted, it is the greed around the sales that is to blame. We know this to be true due to the closing of many sales decks, with many of the sales agents now working for the “bogus” law firms and claims companies that are springing up on an almost daily basis.

Inside Timeshare is doing what it can to warn consumers of these companies, but as soon as we identify one there is another to replace it. Litigious Abogados is a great case in point, changing names every few months but the “scam” is the same.

It is only through the help of our readers that many of them are identified, as owners / members working together we will be able to protect the timeshare community.Now for this weeks Letter from America.

How to File a Timeshare Complaint (May 2018 revision)

Start with the Attorneys General Office

Timeshare Advocacy Group™

May 18, 2018

By Irene Parker

I have learned over the years that when one’s mind is made up, this diminishes fear; knowing what must be done does away with fear. Rosa Parks

Inside Timeshare received 425 US timeshare complaints as of May 16, 2018 (238 was the number of complaints reported as of our last revision 12/15/17). An escalation in the criminal nature of member allegations, especially those voiced by 45 active duty and retired military and law enforcement, led us to the FBI (9 members of the military/law enforcement reported allegations of timeshare fraud as of 12/15). Some fear they could lose their Security Clearances due to a foreclosure on their record. Active duty military feel this is a threat to our national security as just about anyone can get hired to sell timeshare points.

Members need to be especially vigilant about “Get you out of your timeshare” firms because many are scams. Timeshare Advocacy Group™ (TAG) has a scam research team formed by members who have themselves been scammed. Contact Inside Timeshare or one of the self-help groups listed below if you are contacted by someone you don’t know offering to help you get out of a timeshare.

This US Department of Justice timeshare scam report details the extent of the problem. Based on 425 complaints, our advocates feel the front of the timeshare sale contains a comparable level of criminal activity.  

https://search.justice.gov/search?query=timeshare+scam+report&op=Search&affiliate=justice  

Timeshare developers created the criminal cottage industry of transfer and exit scams by overreliance on the oral representation clause, iron clad developer based contracts, the lack of an adequate secondary market, and ingrained deception run amuck, according to reported complaints. The vast majority of our readers are highly professional, educated citizens with credit scores around 800 who have rarely been late paying a bill. Identical complaints, directed against the same sales agent, sometimes in cooperation with a manager or vice president, can establish a pattern of complaints.

It is one thing to say I am a sinner, but let someone else say that about me and then I feel it – I am up in arms. If I am falsely accused I may suffer, whereas if correction be found on even a small reality – something in me having deserved it – then often that hurts more. We must be happy that our faults are known as they are. Mother Teresa

With no way out if the timeshare company refuses to even acknowledge the deception, hiring a lawyer or foreclosure were the only options until real consumer advocates formed Timeshare Advocacy Group™ – bridging the gap between the developer and the member harmed. At times it felt like turning the Titanic, but closing gaps on social issues never comes easy and some causes take longer than a lifetime. Rosa Parks refused to sit at the back of the bus at great peril to her safety, but Rosa reached a decision that enough was enough and action was needed. It was a small action, but one that led to great changes. Educator and activist Parker Palmer explains: https://www.youtube.com/watch?v=fK0dXNK94BM

Almost all members have reported their timeshare company responded to their allegations of deceit with, “Sorry, you signed a contract” or “We are not responsible for what our sales agents say.” This knee jerk dismissal is backed up by some Attorneys General, via their timeshare divisions, responding the same. Unscrupulous timeshare sales agents realize this of course, so the hamster wheel of recycled inventory never ceases beginning with “It’s not a sales presentation.” If there is still truth in advertising, change needs to begin there.   

According to the FBI and to lawyers consulted, it is not legal to hide behind fine print, but it takes volumes of complaints to raise a regulator’s eyebrow. The Federal Trade Commission released its summary report of 2017 complaints listing travel, vacation, and timeshare as one of the most costly frauds at $1,710, although complaints we have received from members range from $25,000 to $400,000 or more. We wish members were only losing $1,710.   

Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population.

https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

According to the FBI,

White-collar crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage. These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three).

Mortgage fraud is a subcategory of financial institution fraud known as “fraud for profit”:

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases.

https://www.fbi.gov/investigate/white-collar-crime

The FBI has advised our members, if the allegation involves credit card fraud, the member should also file a complaint with the Secret Service.

https://ask.metafilter.com/81136/Should-I-call-the-Secret-Service-over-credit-card-fraud

The two most common complaints reported:

  • The agent said I could easily sell my points
  • They said I could pay maintenance fees by charging purchases to a credit card, neglecting to add only about 1% of each purchase is credited to maintenance fees. Some fell for bogus maintenance fee relief programs. Already struggling, they buy more points.

How Advocacy Works

Timeshare Advocacy Group™ is organized into seven teams:

  1. Team 1 is our Reporting Team. Once the timeshare member has related their concern or grievance, the member submits their written complaint to the timeshare company. If ignored or the member receives a negative response, the complaint is forward to one of six advocates assigned to a specific regulatory or law enforcement agency. For example, Sheilah Brust is our go to person for the FBI and the Secret Service. http://insidetimeshare.com/tuesday-slot-irene-4/
  2. Team 2 is our Legislative Team. Members on this team reach out to sympathetic lawmakers to advocate for better disclosure. It would be nice to know that the timeshare you just bought for $100,000 had little or no secondary market the moment you signed the contract. TAG has received an alarming number of complaints from seniors 75 to 85 who have signed timeshare contracts for $100,000 or more. Not one of the 425 members reaching out to Inside Timeshare realized their timeshare in all likelihood could not be sold, even when costing as much as a house.
  3. Team 3 is our Military Team. We encourage anyone who has resolved their timeshare complaint as a result of our efforts to make a donation to Whistleblowers of America. WOA is a non-profit that seeks justice for active duty and veteran members of the military and government workers. WOA has supported our efforts by helping to distribute our articles. Our timeshare fraud report was presented as part of a Joint Committee on Veterans Affairs March 14, 2018.  https://whistleblowersofamerica.org/
  4.  Team 4 is our foreclosure support group. Facing cruel and relentless debt collection calls can be an overwhelming experience for anyone who has rarely been late on a bill, but for those who have recently lost a spouse the experience is devastating. Some members of this team have been through this and are determined to stay involved to fight Elder Fraud especially.
  5. Team 5 is our Scam Research team. This team consists of members who themselves have been scammed. There is a very dark side to this illegal industry. We are careful in our approach.
  6. Team 6 is our Media Team. Given state regulators backing up the timeshare company by responding, “You should not have relied on verbal representation” or “You have no proof” the Court of Public Opinion and Outcry is the only court open in some states.
  7. Team 7 is our Technology team.  We have a support staff of volunteers to assist those without access to a computer due to age, illness or disability. This team also provides YouTube production support.

Contact Inside Timeshare or email Irene Parker at [email protected] or call 270-303-7572 EST if you are interested in becoming a volunteer. Feel free to call any day of the week from 1:00 to 5:00 PM EST. It’s best to schedule a call. All calls and emails are returned within 24/48 hours.

Now it’s time to begin filling out the form. Before you begin, raise your right hand.

Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? It is important to present your information factually and without opinion or inflammatory language.

Our advocates are not attorneys and we do not provide legal advice. We have researched regulatory agencies and are here to direct consumers to the appropriate regulatory and law enforcement agencies listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel a hostage to their vacation plan. It’s a good idea to contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market. http://www.licensedtimeshareresalebrokers.org/

How to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract in dispute:

Where Purchased and Date of Purchase

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Amount Financed and Interest Rate

Current Loan Balance

Loan Number

Current Maintenance Fees

Name of Credit Card if one was used

What do you want? Do you seek Refund or Relinquishment?

Why? Is it due to Deception, Health, Age or Financial Burden?

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment. There can be no loan outstanding and maintenance fees need to be current.

Complaints expressing dissatisfaction with general availability will go unheeded as will a request based on not being able to afford the timeshare. You can’t go to your home mortgage lender and say you can’t afford it. The difference is you can sell your home. Your complaint should be filed with the FBI only if there are credible and serious allegations of deceit and bait and switch. If you feel you were deceived, list the reasons why.   

MOST IMPORTANT – Purchase Timeline

It is better to state your narrative as a narrative referring back to the contracts and figures at the top of your complaint. Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong.

After you complete your complaint, email it to the appropriate resort department or to TAG if you need help with your complaint. Expect to be denied. Typically your resort reviewer will restate your concerns, produce your initials and signatures, point out the oral representation clause and inform you, “If something was important to you, you should have asked for it to be put in the contract.” File a rebuttal if you disagree with their response.

Depending on the seriousness of your complaint, your advocate may forward your complaint to the firm’s public relations office or firm and to ARDA, the timeshare industries PAC, for violating ARDA’s Code of Ethics. ARDA’s Code of Ethics can be found on ARDA’s website.

We do not recommend owners make the voluntary opt in or opt out ARDA ROC contribution on your maintenance fee invoice. It is the opinion of our advocates that although ARDA lobbies for the industry and for timeshare members, when the issue at stake is one that is at odds with members, members lose because they have no voice. We also forward your complaint to the Association of Vacation Owners. AVO has been tracking our complaints for research purposes. http://insidetimeshare.com/the-tuesday-slot-with-irene-3/

Mark your email to the resort urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. The member will report back to us if the issue is resolved. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed.

The FBI complaint website is called IC3.gov which stands for Internet Crime. This is a bit confusing. IC is the name of the portal. That doesn’t mean it has to be an internet crime. We think they should have a white collar crime option to avoid this confusion. Click IC3 as your choice when filing. https://www.ic3.gov/default.aspx

Serious allegations of fraud should be reported orally by calling the FBI field office’s public access line available 24/7 (see Sheilah’s article). Sometimes your local field office will pay closer attention than say Las Vegas, where losing money is a tourist attraction. You can find your nearest field office from this website.

https://www.fbi.gov/contact-us/field-offices

The next step is to file a complaint first with the Attorneys General of the state where you signed your contract and where you live. It can take a month or more to hear back from an AG but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state name and Attorney General.

If there was an unauthorized credit card charge or account opened or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. This is the organization that helped Wells Fargo victims. The CFPB lost power after the roll back of the Dodd Frank act March 2018. The Dodd Frank act was enacted after the abuses caused by subprime lending. The CFPB is still considered a regulator. https://www.consumerfinance.gov/

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. Your advocate can help you find the agent’s ID number. Timeshare sales agents are real estate licensed in most states.

File a complaint with the Better Business Bureau. The company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints. Sometimes the BBB allows you to log in and file a rebuttal.  

Most important, consider reaching out to local or national media. Reporters look for content and are surprisingly easy to reach. Write an article about your experience. The more people who come forward, the more the public is made aware of timeshare black holes before engaging in a timeshare sales presentation.

Summary of Regulatory and Law Enforcement Agencies

  • The FBI at IC3.gov portal if you feel you were deceived by a bait and switch. For allegations of a serious nature also contact an FBI field office to file an oral tip. Have your facts and figures ready.
  • Attorneys General where you signed your contract. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed if your complaint is against the agent.  
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option selecting the bank involved. Timeshare has dodged this regulatory bullet because most members don’t even know the identity of the lender as the timeshare company often services the loan. Timeshare companies are not an option from the CFPB’s drop-down menu.
  • The Federal Trade Commission
  • The Better Business Bureau
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.

If this sounds like work, it is, but you can file with some, all, or none of the agencies. We have a team of advocates who can answer questions and help guide you through the process. We feel “Action and Advocacy” is the way to change questionable timeshare business practices.  

If you are granted a positive outcome, you may not say or write anything disparaging about the resort, but there is no harm in staying involved by referring timeshare members who need help to Inside Timeshare or to one of the self-help groups listed below we know are not industry influenced.   

Who We Are and Why We Do This

Timeshare members contacting us are often struggling with maintenance fees and high interest rate loans. Venting on complaint sites has no effect whatsoever but an organized campaign to track complaints and report criminal activity has already born fruit in the form of Attorneys General settlements and a greater awareness.

If all else fails, we will refer to an attorney if the member can afford one. If you are forced into foreclosure, but have an otherwise unblemished credit report, you can write to the credit reporting agencies in an effort to explain why you were deceived and why you were not able to resolve your dispute.

I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency and deceptive timeshare sales.

  1. The abnormal becomes the normal. After receiving 425 complaints, I fear deception is endorsed and encouraged by some timeshare companies. Of course not all sales agents are dishonest. Inside Timeshare endorses Disney Vacation Club because of their scarcity of complaints.
  2. Victims are silenced and isolated via non-disclosure agreements and arbitration. Buyers should opt out of arbitration immediately after signing a contract.   

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. My solo effort has grown to a network of 44 Advocates. We are not compensated. We are volunteers. We hope there will come a day our advocacy group is not needed.

Self-help groups seek to provide members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

http://tug2.net/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

May 18, 2018 Irene Parker Timeshare Advocacy GroupTM

 

That’s it for this week, the weekend once again beckons so join us again next week for more news and information on the world of timeshare.

Latest news just in from the Court of First Instance Number 3 Abona Tenerife.

The judge in a case against Diamond Resorts Tenerife Sales SL, has declared the clients contract null and void. The infringments are the points system which has been made illegal, the contract in perpetuity, when the law stipulates that it should be for a maximum of 50 years and the taking of deposits within the cooling of period, which is also illegal even by a third party.

The client will now receive a total of £44,790 which includes double the deposit illegally taken, the court also awarded legal interest.

The laws in Spain have been put into place and strengthened by the Supreme Court to protect consumers, they are having a profound affect on the industry, which for too long believed it was untouchable.

Mid Week News

Inside Timeshare has received information from one of our readers involving Silverpoint in Tenerife, it is to do with the so-called “Company Participation” scheme they have been selling.

In this scheme, the clients for considerable amounts of money, in many cases in excess of more than 150,000€, clients purchase not shares but “participations” in companies set up to hold “freehold” apartments, which will then be rented out by Excel Resorts. (Allegedly).

Having seen the documents for this scheme, it doesn’t leave much to the imagination that they are not in the best interest of the clients.

This reader has been contacted by Ali Farhoud one of Silverpoints sales people by email, in this he tells the client what we already know, that Excel Resort Management have cancelled the rental contract with Silverpoint.

This does look like Silverpoint are no longer in a position to generate a sufficient rental income to satisfy their contractual promise to their clients who have purchased the participation scheme.

Apparently Mr Farhoud told our reader that he had helped clients sell their apartments with genuine sales companies. But he also added that many companies had said that the apartments with leases concluded with Excel were not saleable.

He has taken on the services of a lawyer, (we wonder if it is the same one Silverpoint use), on behalf of the clients and that the necessary Power of Attorney was being sought from the clients.

Having studied this scheme and reading the documentation, it is Inside Timeshares opinion that extreme caution should be exercised before signing any power of attorney. Do not rely on any lawyer appointed on your behalf, as with any business or property transaction you should always engage your own independent legal advice.

Continuing with our David Cox / TESS theme, we have just been told that it looks like Mr Cox is about to retire and that he is trying to find a buyer for his pathetic excuse of a company TESS Para Legal Ltd! To be perfectly honest who would purchase any company that has been associated with this individual?

It also begs the question where is this going to leave all his clients?

You have seen the list of his history with different companies, not the most impressive CV with many leaving debts in their wake!

He also seems to be a bit of a delusional character, a Walter Mitty if you like, according to Company House records he is Director of the following company:

D & B Cox Ltd, Company number 10658737

Tudor Croft 39-41 Headroomgate Road, Lytham St Annes, England, FY8 3BD

D & B COX LTD – Overview

According to the records the company is listed with its activities as:

80300 – Investigation activities

82990 – Other business support service activities not elsewhere classified

So does this mean he is also a “Private Detective”?

The address given is also very interesting, according to Google Maps and Street View, it is comprised of two rather large detached houses, number 39 and then number 41, two separate properties.

According to Zoopla, number 39 has a value of £411,000 and was last sold in August 2007. Number 41 has nothing listed for price or when last sold.

So either the registered address for his company is the two homes, or he has not been economical with the truth when registering his company!

On that point we leave it for you the reader to decide!

The Court of First Instance No 2, in Maspalomas, Gran Canaria, has just issued the following sentence. Anfi have been ordered to repay one of their clients a total of 70,000€ plus legal interest, with the contract being declared null and void. The infringement of the law in this particular case is the length of the contract, it was one in perpetuity, when the law only allows for a maximum period of 50 years.

If you have any questions or concerns regarding any part of this article, or would like to know where you stand with any product purchased, then use the contact page and get in touch.

Have you been called or found a company on the internet and want to know if they are genuine, then contact Inside Timeshare and we will point you in the right direction.

The Tuesday Slot with Irene

In this weeks Tuesday Slot with Irene we welcome a new contributor and member to the Diamond Resorts Advocacy Facebook Group, Jenny Baldner, edited and introduction by Irene Parker. In this article Jenny gives her way of avoiding those persistent “update meetings”.

In response to Marcy’s comment about US Consumer Attorneys in Friday’s Letter from America, another Veteran has come forward worried about the $6,000 he paid US Consumer Attorneys after he was not allowed out of his timeshare. George Yamada served his country in Vietnam. He is 70% disabled, exposed to Agent Orange.

Inside Timeshare has heard from 44 veterans and Active Duty members of the military and law enforcement alleging timeshare fraud. Those who have put their life and health on the line for us should not have to suffer timeshare abuse that can ruin their retirement.

Last week after publishing Friday’s Letter from America, news came in of yet another Supreme Court ruling from Spain’s Highest Court in Madrid, Once again the lawyers from Canarian Legal Alliance secured the ruling against Silverpoint in Tenerife, making the number rulings from this court a massive 112!

The judges in this case ordered that the client be awarded over 80,000€ plus legal fees and legal interest, with the contract being declared null and void. So another happy ex-timeshare owner.

Considering the above and what has been published in the past, it seems strange that David Cox of TESS is still very quiet, still nothing published since his diatribe against Inside Timeshare, Canarian Legal Alliance and Praetorian Legal back in March.

Could it be he has run out of thoughts (not difficult for someone without a brain), or just forgotten how to write, not that he could write anyway, or is it he knows that he has landed himself in the proverbial legal dung heap!

We actually suspect that this enterprise is going the same way as all the others he has been involved with, LIQUIDATION!

https://tesstimesharefacts.com/news/david-cox-bernadette-cox-disolve-companies-faster-alker-seltza-glass-water/

Now for this Tuesdays article.

A Fair and Balanced Timeshare Review

By Jenny Baldner

May 15, 2018

Introduction by Irene Parker

Two common timeshare complaints are:

There is never any availability!

You can always book cheaper online!

I don’t agree with either comment, but it is also true there are many times it is cheaper to book online than use vacation points. My mission is to slow the growth of deceit and bait and switch tactics used to sell points, inspired by the evolution of the points based timeshare product.

Today Jenny Baldner shares her fair and balanced opinion along with her words of wisdom on how to dodge efforts to get her to attend sales presentations. Jenny is a Diamond Resorts member, but Inside Timeshare has heard complaints from members who own points of several timeshare companies. More than a few members have told us the only reason they want out is because of the herculean efforts of greeters to get you to sit down for that 90 minute presentation that can end up taking as long as nine hours. Nine hours has been the record so far.    

The only comment of Jenny’s that I don’t agree with is “since we are stuck with it for life.” The old adage holds true. The only two things we are stuck with are dying and paying taxes. Developers are finally starting to wake up to the fact that ironclad one sided perpetual contracts, accompanied by rising maintenance fees, with little or no secondary market, are a one way ticket to disaster. As always, don’t pay anyone any money to get you out of your timeshare without checking with one of the self-help groups listed below or Inside Timeshare.

Three important considerations need to be input into Jenny’s model:

  1. The age of the buyer
  2. The initial investment
  3. The interest rate – never finance a vacation at 12% to 18% for 10 years   

We appreciate Jenny’s article submission. Due to the escalation in the number of comments and complaints Inside Timeshare receives, contributor articles allow Charles Thomas and I more time to answer questions and point members in the right direction in order to resolve their complaint. And I love to edit!

Jenny’s Timeshare Tips

I’m really glad I was accepted into this group.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

I see that a lot of people have experienced what we have. So, I wanted to share a few ways to evade the badgering of sales agents and other ways I get my money’s worth since we’re stuck with it for life.

  1. We always check in late to avoid the rush. Sometimes we travel separately so I can say my spouse isn’t accompanying me on this trip. They leave you alone if your spouse isn’t with you.
  2. Skip the concierge desk after checking in.
  3. Don’t answer the room phone during your stay. Most of us have cell phones so you can go one step further and unplug the room phones which I have done if they’re persistent.
  4. When they call your cell phone, make sure that you let them know that every day is booked with set activities. This is not a lie.
  5. Program that number into your phone so you know not to answer it.
  6. Kill them with kindness. “Thank you so much, I appreciate it but, No!”
  7. We have way more points than we need every year, so I usually book extra rooms so families can join in on the fun. I supply the room and they either pay me money to go towards my maintenance fees, or they buy all the food while we’re there. They don’t have the money to buy or rent hotels or resorts. I always try to upgrade to get my money’s worth.
  8. I got tired of feeling like I was being duped, so now I use a budget planner to track my maintenance fees and points. When I find a location using my points, I compare the market value of the resort as if I were to book the same room through booking.com, Trip Advisor, hotels.com, and so on. I make sure that when I book a room, I couldn’t get it cheaper through the market.
  9. Lastly, I hate the way they sell you these timeshares! But, I have to admit I like the rooms and it forces me to take a couple vacations every year. If you have it, use it! Don’t lose your points. I have booked rooms for my friends and their families after they return from deployment. One year I even used it as my white elephant gift at work.

On another note…a few days after 1 January, I save my max points for the year. If I need them back because I went over the remainder to use, they just pull that amount back for your booking. You already paid your maintenance fees so you don’t have to pay anything extra. And then you don’t have to worry about forgetting to save your points by a certain deadline.

Below is a picture of this year’s budget. As you can see if I were to book these vacations without my timeshare it would have cost me an additional $2,552.79. The market tracker does include taxes and the additional resort fees we don’t pay.

I hope this helps you or someone. We started with Sunterra in 2006 and are now with Diamond Resorts.

Thank you again Jenny! Jenny worked as a Resource Advisor for a few years while in the Air Force and decided to take those skills and apply them to this. “Nothing worse than feeling like you were made a fool of,” Jenny added.

The consumer is not off the hook, but clearly more timeshare public awareness is needed to slow the volume of complaints as well as rising default rates. Consumer knowledge can address both negatives.    

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Jenny and Irene, I’m sure that by using this advice, you will have a much more peaceful vacation.

If you have any comments or questions about any article published, then contact Inside Timeshare and we will be pleased to help.

 

Friday’s Letter from America

Today’s Letter from America by Irene Parker replaces the one that was originally scheduled, that article has been pulled as the company it revolved around has made a settlement in favour of the client. This is a result of the article being sent to the company for comment before publication, we just wish this happens more often.

A Disconnect between Wall Street and Main Street

Three more Seniors Driven into Timeshare Foreclosure

ILG’s stock rose about 5 percent on the news of the deal, while Marriott Vacations — paying $14.75 in cash and 0.165 of its own shares for each ILG share — slid 9.2 percent.

https://www.reuters.com/article/us-ilg-m-a-marriott-vaca/marriott-vacations-buys-ilg-in-47-billion-timeshare-merger-idUSKBN1I10ZX

Apollo Global Management (NYSE:APO) plans to take Diamond Resorts public, according to The Wall Street Journal

Sources indicate that Apollo is seeking a valuation of close to $4B for Diamond Resorts

https://seekingalpha.com/news/3347179-diamond-resorts-files-confidentially-ipo

May 11, 2018

Meanwhile, Introduction by Irene Parker

Inside Timeshare advocates on behalf of Active Duty military in danger of losing their Security Clearance due to timeshare foreclosure. Currently there are five battling this worry, including three members of the Navy, one Homeland Security agent, a defense worker, and a military paralegal. Veterans, from the ages of 28 to 83, including a double Purple Heart recipient, have reported allegations of timeshare fraud on the front of the sale, and difficulty selling timeshares they no longer want or can afford. Several of our veterans are combat disabled.             

Phyllis, Shirley and Marcy would like to share their timeshare experience to warn other seniors. All allege they were a victim of Elder Fraud. Shirley paid one of those “Get out of your timeshare” companies money to get out of her timeshare contract, only to be foreclosed. No one needs to pay anyone to be foreclosed. Now she is being taken to court by Barclays because her purchase was charged to a Barclay credit card. Marcy was called by another “Timeshare Exit” company. The caller said he was an attorney and told her the timeshare company would take her house and her Social Security benefits if she did not pay him $2900.   

The Consumer Financial Protection Bureau helped Wells Fargo victims when Wells Fargo agents opened bogus accounts. With the roll back of the Dodd Frank act, enacted to reduce mortgage lending abuses evident during the subprime mortgage debacle, happy freewheeling lending days may be here again for timeshare developers. Sources tell us there are few if any CFPB investigations.

Many of the complaints we have received are from timeshare buyers who tell us they had no idea credit cards had been issued and were told charging purchases to their Barclaycard would pay for their maintenance fees. Typically, around 1% of amounts charged can be credited to maintenance fees. Others were not even aware they had purchased a timeshare until they returned home.

Perpetual timeshare contracts, some with little to no secondary market, are signed via a tablet, technology foreign to some senior buyers. Seniors may be less comfortable with electronic tablets used to sign timeshare documents, but even those comfortable with tablet technology have reported it is more difficult to review documents on a tablet. Sales agents demand the buyer buy the same day the offer is presented with little time to review documents. Most report exhausting sales sessions that are aggressive and often last several hours.     

Inside Timeshare has received 421 timeshare complaints from our readers. Given we have received so many stories resembling Phyllis, Shirley and Marcy stories, Timeshare Advocacy Group is embarking on a nationwide media campaign to warn the public not to buy a timeshare without talking to their financial advisor, an attorney, or a member of the Licensed Timeshare Resale Broker Association. http://www.licensedtimeshareresalebrokers.org/

As a former stockbroker, I have nothing against great wealth. I wish we all had the foresight to grow old with Bill Gates and his stock price, but enormous profits gleaned by predatory timeshare sales and lending, coupled with timeshare exit scams has devastated the lives of hundreds of families, according to our readers, who did not understanding the nature of the developer based timeshare contract. Better Business Bureau reports, AG investigations, DOJ reports, and lawsuits galore support the argument that dream vacations can easily turn into a nightmare. As always, we know there are timeshare sales agents trying to sell honestly and many who are happy with their timeshare.  

Having followed timeshare stocks for three years now, my investing comfort level is with Disney Vacation Club. I have never described myself as a socially conscious investor, but having listened to 421 horror stories, my money is on Disney. Not one Disney member has ever contacted Inside Timeshare and the law firms I have surveyed tell me they have never had a Disney timeshare member seek legal assistance. Disney is a starter stock you can give to your kids and grandkids without regret. The following chart shows respectable profits can be gleaned from investing in Disney.

https://www.cnbc.com/2018/01/03/if-you-put-1000-in-disney-10-years-ago-heres-what-youd-have-now.html

Now on to Phyllis, Shirley and Marcy, three Inside Timeshare readers who contacted us this past week horrified at what is happening to them. I had trouble keeping them straight because they were all making the same comments:

I’m having panic anxiety attacks!

I can’t even read this because I’m having palpitations!

I’m so scared! I don’t know what to do!

Phyllis C, age 67, a California resident, was a Diamond Monarch owner

Phyllis works for a prison. She teaches residents how to sew uniforms for CalFire firefighters. Phyllis was the head pattern maker for OP, a brand I remember well.

By Phyllis

I was asked to attend a breakfast to talk about upgrades on a timeshare I owned. I was told it would last 55 minutes, but I was there for seven hours. Four highly pressured sales people took turns on me, bouncing me into three different rooms. They said my children would be responsible for the timeshare bankruptcy if I didn’t give up my Riviera Beach Club week and buy the new vacation points. They told me I would be personally responsible for my portion of the $32 million dollar Monarch timeshare company bankruptcy debt.

I told them over and over I didn’t want it and that I already owned the timeshare. They said I had to buy into the new program even though I had owned my timeshare forever. They said that I could never get out of it because my timeshare went bankrupt and I had to invest with Diamond Resorts or they would go after my children for payment. I had a panic stress disorder attack. After several hours, I was tired and hungry. In order to get out of there I signed. I am a senior citizen five feet tall. Sales agent Raymond Coppin was a six foot tall man, standing over me stating he was a child of GOD and that he could help me. He said to me “I am a friend. I can tell you what to do only after you sign a contract.” Victoria Borghetto, Hassan Younes, and Steven Ginsberg took turns telling me I had to buy Diamond points. They said using the BARCLAYS BANK CREDIT CARD for shopping would make my points go up and my maintenance fees go down.

I signed a contract to buy 3,300 Diamond points which they charged to a Barclaycard. I never received the card. I never used the card. I had a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. I have asked and been granted a 60 day continuance hoping I can find someone to help me. Diamond sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and Barclays are together, shouldn’t I be out of paying the bank as well? Diamond already foreclosed on the timeshare I had used and enjoyed for so many years. I paid a timeshare exit company $1,600, but they must have nothing to do with Barclays?

I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please e-mail me on what I can so as soon as possible. Thank You.

By Shirley K Minnesota, age 74

Club Wyndham

We will not be paying the Barclay card amounts due. We believe we are a victim of Elder fraud. This Tennessee news report interviewing the couple pictured in this television news report is exactly what happened to us. Wyndham opened a Paypal credit line without our knowledge. Furthermore, we feel we were scammed into opening two Barclay cards to purchase 84,000 Wyndham points for $14,879 on April 27, 2017. Mr. Ryan and Ms. Lapping told us the Wyndham points would not cost anything if we charged things to the Barclay credit card.

https://www.newschannel5.com/news/newschannel-5-investigates/consumer-alert/couple-goes-to-wyndham-timeshare-meeting-unknowingly-gets-15k-line-of-credit

Branson sales agents:

Gerald Ryan was highly aggressive

Samantha Lapping

I have filed a complaint with the Missouri Attorney General, the FBI at IC3.gov and the Consumer Financial Protection Bureau. I will be filing a complaint with the FTC and our Minnesota Attorney General.  

We did not know that the Barclay cards had been opened until we returned home. They had run our credit on our personal cards and came back saying, “You have great credit!” They must have opened the cards based on that information.

When I felt we had been scammed, I called and cancelled the Barclay cards shortly after the April 27, 2017 purchase. I thought that was the end of it, but on May 2, 2018 I received correspondence from Pinnacle that said I owe Barclay’s $14,879!  We are getting calls from Pinnacle.

https://www.bbb.org/minnesota/business-reviews/financial-services/pinnacle-credit-services-llc-in-minneapolis-mn-23002292/reviews-and-complaints

I didn’t even know what we bought. They had said if we charged things using the Barclay credit card, then it would all be free because we would not have to pay anything. They said we would pay for the Wyndham points by using the credit card. We were there from morning until about 2:46 PM in the afternoon. I am 74 years old and my husband Ellsworth is 77. Ellsworth is hard of hearing.

The following charges we were not aware of were charged to us.

$5,500 was put on a Barclaycard in Shirley’s name

$9,379 was put on a Barclaycard in Elswsorth’s name

$7,349 Promotional purchase

$2,000 Promotional purchase

$30 Promotional purchase

We were shocked when we received a “Welcome to Pay Pal credit and thank you for an account” on April 27.

I have always paid my bills until this nightmare. I have sciatic nerve problems and I don’t know what to do. I am not sleeping and don’t know where to turn. I am working just to make money to try to end this. There was no time to read anything. I believe this is Elder Abuse and Elder Fraud.

Marcy S, age 70, a California resident, widowed

I owned a deeded week at Ka’anapali Beach Resort

I was contacted by a man who identified himself as Louis Stravricos who said he was an attorney with US Consumer Attorneys Group in San Diego.  His telephone number is 855-627-0795. He said he was calling about my Diamond timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the Diamond contract.  He told me Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages.  He said Diamond would also take my Social Security payments and my retirement.

I have not paid my Diamond maintenance fees for about three years. I wanted to deed it back to Diamond but they would not take it back. I tried to sell it but no one wanted it. I have Fibromyalgia so it is very difficult for me to travel.

This man that called was horrible. It was very scary. Would you please contact Diamond for me because I do not know what I should do? (We did and Diamond responded) I did not know if he was telling me the truth.

Irene told me that now Diamond has a program called Transitions, a voluntary surrender program. If I was current on my maintenance fees, I would in all likelihood be accepted for Transitions. I heard nothing from Diamond until I recently received a letter that said I was past due on $9,000 in maintenance fees. I cannot pay that.

Four other complaints were reported to Inside Timeshare directed against the same timeshare sales agent and in one complaint, the same vice president of sales mentioned in Marcy’s complaint:  

Complaint #1

The agent stated that we could take any points we did not use and apply them towards our maintenance fees.  He then spoke of the opportunity to earn an additional $2,700 towards our maintenance fees by using the Barclay Credit Card.  What he failed to advise was that we would have to charge $270,000 annually to earn $2,700 towards our maintenance fees!

Complaint #2

We were Monarch owners. We were told unless we bought more points our heirs would be responsible for maintenance fees.

Complaint #3

The presenter said we were not full members and we should have received a letter to go to full membership. I told them we never received a letter. He then offered a deal that would only be good right then.  He informed us that what we had was worth nothing now and we would have to upgrade to be able to use any benefits because of the bankruptcy.

Complaint #4

We were told at the Capistrano Beach Resort we would not be able to use our Monarch week unless we bought points and that our Monarch week was worthless. We were not told of the option to deed back the week.

Other seniors foreclosed:

Deneice and Louis Vargas – in the foreclosure process

http://insidetimeshare.com/fridays-letter-america-21/

Seniors Romeo and Lily Dalisay

http://insidetimeshare.com/fridays-letter-america-9/

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you to Irene and our contributors for their story, it makes you wonder how these overpaid company executives can actually sleep at night, I think we all know the answer to that, no conscience, pure greed and a greater love of money than their fellow man!

Unfortunately it all starts with those lower down the food chain, the sales agents, obviously looking to become one of the big boys with their own office!

Well that’s it for this week, Friday is here and the weekend begins, have a good one.

Thursday News Slot: A New Cold Calling Claims Company

Tomorrow Friday’s Letter from America is not the one that was scheduled, we have had to replace it at the last minute due to a very good result, we will give you more on this tomorrow,

Today Inside Timeshare has received an enquiry from another reader search for information on a new name which has cold called them. This is Donaldson Bruce Associates, on searching the net for any information about them nothing can be found, there are no company records for them, just their website:

https://www.donaldsonbruce.com/

This was registered on 14 December 2017, so is only just 6 months old, the owner of the website is protected by a privacy protect service and is registered in the United States.

They show no address or company registration number on the website, or any registration to any official body such as Ministry of Justice for claims management or anything else, there is a contact form and telephone number, which is for the Sheffield area: 0114 303 0678

So what are the offering?

Well it is the usual claiming compensation and getting your money back for your timeshare, but just looking at the FAQs section, it becomes obvious that they will be doing this on a section 75 basis. Which as we have stated before is unlikely to work as the timeshare company, unless they have gone bust, will rightly claim to the credit card company that you have received the goods and services paid for, as you will probably have used it. If you claim that you could never use it due to lack of availability of dates you require, the timeshare company will just say that they offered alternatives and that it was explained to the member that it is “subject to availability”. The credit card company will refuse the claim.

This is either a new claims company or a contact page front for another of the established “claims” companies we have reported on in the past?

Either way, just by the information we have, it does not look like a good idea to have anything to do with them, even though their website does say “SAFETY AND PEACE OF MIND, ONLY WITH DONALDSON BRUCE ASSOCIATES”.

On Tuesday 8 May, Canarian Legal Alliance had what can only be described as a very successful and eventful day, no less than SEVEN sentences issued!

There were six sentences at the Courts of First Instance against Anfi in Gran Canaria and Silverpoint in Tenerife. The courts ordered the repayment of over 400,000€ in total.

There was then a High Court sentence from Las Palmas GC against Blue Bay, formerly Airtours Beach Club. The award in this case was 12,424€.

All contracts were also declared null and void, with the courts also awarding legal fees and legal interest in most of the cases.

Yesterday Wednesday 9 May, also saw the Court of First Instance Number 4 in Maspalomas issuing yet another judgement against Anfi. In this case the client will receive back over 10,000€ plus legal interest, with their contract being declared null and void.

So what a few day the lawyers have had and several very happy clients and ex-timeshare owners!

Join us tomorrow for our weekly Letter from America.

The Tuesday Slot with Irene

In this weeks Tuesday Slot, Irene Parker takes a look at an old friend of Inside Timeshare, the National Timeshare Owners Association, which is now known as the Association of Vacation Owners. The CEO is still our old friend Greg Crist, who was also interviewed by Irene.

Before we go on with Irene’s article we once again highlight the many calls our readers are receiving regarding “claiming compensation” for their timeshares. As usual these calls require a meeting at an office to go over the claim. These are usually enticed by the words “No win No fee”.

But once there, the owners are then told the only way to claim is only once the contract has been cancelled. This is where they are then told that to do this it will cost thousands of pounds!

In many cases we have seen the “client” is then told to just stop paying the maintenance fees, then as we have seen with RSB Legal clients 18 months down the line they find that they are not out of their timeshare and now have arrears in maintenance fees.

AS we highlighted yesterday, just from the number of enquiries Inside Timeshare has received, the amount lost buy these clients is well over the £100,000 mark. So we can only guess the amounts for around 2 years of trading with hundreds of clients, the figure must be mounting now into several million pounds!

Just recently it has been announce that a Norwegian TV company is about to start filming a new TV series called Crimeshare. It will be centered around the late Norwegian businessman Bjorn Lyng and his Anfi dream in Gran Canaria. The series will also highlight many others in this murky world including the late John “Goldfinger” Palmer and his Tenerife empire. It is proposed to be aired early next year, we certainly look forward to seeing that. Follow the links below for further information, open with google and use translate.

http://www.canariajournalen.no/Nyheter/Historien-om-Anfi-del-Mar-og-Bjoern-Lyng-blir-krimserie-Crimeshare

http://www.abc.es/espana/canarias/abci-lanzan-serie-nordica-sobre-mafia-turismo-canarias-201805011258_noticia.html

Canarian Legal Alliance has also hit the press, Guiade Prensa or Press Guide has published a short article titled “Leaders in Europe in lawsuits of ‘timeshare’”

This can leave no doubt that despite the attempts of others to discredit this law firm, they are legitimate and are doing what they say. Inside Timeshare has published many articles showing their cases, from the lower courts right through to the Supreme Court, even showing the court documents which are easily verified.

http://www.guiadeprensa.com/app/webroot/razon/tribuna_derecho2018/cla.html

At the end of April it was announced that Marriott Vacations have bought out ILG Inc, for a whopping $4.7 billion. What this will mean for ILG members has yet to be seen, but no doubt our readers from across the Great Lake will keep us informed.

https://www.reuters.com/article/us-ilg-m-a-marriott-vaca/marriott-vacations-buys-ilg-in-47-billion-timeshare-merger-idUSKBN1I10ZX

https://wtop.com/business-finance/2018/04/marriott-timeshare-business-plans-4-7-timeshare-acquisition/

Now we move on with this weeks article from Irene.

Association of Vacation Owners

Mission Statement

We vow to relentlessly advocate for improvements – from protection and preservation to expansion and enrichment – to the vacation ownership experience. Our commitment to these efforts will continuously strengthen and support the relationships between the vacation-owner community and the industry at large, ensuring the viability of vacation ownership for generations to come.

By Irene Parker

May 11, 2018

Inside Timeshare considered the National Timeshare Owners Association a friend and an ally working toward a better relationship between the timeshare developer and the member. At Inside Timeshare it seems we are frequently at odds, except in steering members away from the nets of timeshare listing, transfer and resale predators. No one should pay upfront money to get out of a timeshare, or list a timeshare, without carefully vetting the person offering to help. Contact Inside Timeshare or AVO before paying anyone to get you out of your timeshare.    

National Timeshare Owners Association is now assimilated into the Association of Vacation Owners AVO.

Excerpts from Perspective Magazine, explaining the metamorphosis:  

National Timeshare Owners Association has a new name: The Association of Vacation Owners (AVO). “We are very pleased to expand our alliances to include credible organizations that share our vision to improve education, engagement and support for timeshare and vacation owners” said Gregory Crist, CEO.

The membership based organization is now seeking industry partners who will commit to the AVO Service Pledge and will vow to relentlessly advocate for improvements in communication, protection, and preservation of vacation ownership.

“AVO is also attracting thousands of vacation owners by continuing its twenty-year history of dedication and focus on providing owners with the tools and information they need to strengthen their ownership experience”, continued Crist.

In March 2018, we transitioned from NTOA to the Association of Vacation Owners (AVO). In that transition we find a stronger mission and one that comes with greater collaboration and partnerships in the VO community including working closer with TAG, ,Timeshare Advocacy Group™. TAG is independent and focused on some very disturbing issues. This is important work and we thank all of you for volunteering such time and energy to TAG and to the community.

AVO is a social purpose organization dedicated to educating vacation owners and advocating on behalf of its owner/members. AVO participates in major industry conferences, is involved in the leadership of the Canadian Vacation Ownership Association (CVOA) and is a consumer member of various industry trade associations including: ARDA, AMDETUR, ASUDESTICO, and C.A.R.E. To learn more, visit our website at AVOworldwide.com or email: [email protected] | Toll Free: (833) 2ASK-AVO

http://perspectivemagazine.com/0703201810424/ntoa-to-become-the-association-of-vacation-owners-avo

I asked Greg what specific areas should TAG and AVO focus on to make the timeshare world a better place?   

“AVO is committed to finding solutions to tough industry challenges like the secondary market. The secondary market, or lack of, is the Elephant in the timeshare room. It is at the top of the list when addressing member concerns so heads our list of top five priorities.”

  1. Resale
  2. Rental and Exchange
  3. Trade and Transfer
  4. Divestment
  5. Redevelopment

Inside Timeshare will be devoting upcoming articles to each of these topics separately, topics meaningful to both owners/members and the developer, albeit from different perspectives. Change is good and members are mobilizing to affect reform. Like any social cause, it doesn’t come easy and it requires meaningful discussion from both sides of the vacation fence. We should all want the same outcome – a Great Vacation!

Members are helping members. If you need free help about a timeshare concern, contact a member of one of these self-help sites Inside Timeshare is convinced is not industry influenced. One member’s recent comment, “I can’t believe I can actually talk to someone!?”

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene and also Greg, Inside Timeshare wishes you all the best in your work to improve the lot of timeshare owners, we also look forward to reporting on your successes.

Don’t forget if you are contacted by any company regarding resale or claims and you are not sure who or what they are, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also thanks those readers who send in the information to share with others, by working together and sharing information it will help others to keep their hard earned cash in their own pockets and not in the pockets of the rogues.

RSB Legal Update

Over the past few weeks Inside Timeshare has been receiving many enquiries about RSB Legal, all are of a very similar nature, money paid and now they are unable to contact them. Their phone lines are down and the website is no longer available. According to company house records there is an active proposal to strike them off.

From all the enquiries we have received all had been contacted by RSB Legal about making claim against their timeshare resort for mis-selling, this was to be on a no win no fee basis. A meeting was then arranged at RSB Legals Office in Redditch, once there all have said it turned out to be just like the presentation for their timeshares.

The “consultants” went on about how the timeshares had been mis-sold and that they had very good cases for a claim. But then came the crunch, in order to do the claim under no win no fee, the contract had to be cancelled first. For this a large amount of money needed to be paid first, so deposits were taken and a date for the balance to be paid arranged.

The client was also told not to pay any more maintenance fees, as the contract would be cancelled.

All those who have made enquiries have the same story, they have received demands for maintenance fees from their resorts, also being told that their contracts have not been cancelled by RSB Legal or by Taylor Marshall who took on many of the cancellations from RSB.

We do know many RSB clients have received an email or letter from Club La Costa, this states that they have not paid out compensation or cancelled any contracts for clients of RSB Legal or Taylor Marshall. They have repeatedly informed these companies that they will not deal with third party companies in respect of their members, they will only deal directly with the members concerned.

They have also pointed out that CLC will allow any members to surrender their membership free of charge, which RSB Legal and Taylor Marshall were fully aware of.

RSB Legal also told their clients that the claim would be going through the Spanish courts, no cases have ever been filed, clients were not informed of which lawyers had their cases, no translations of documents had been done and no power of attorney signed to allow the Spanish lawyer to act on the clients behalf.

It is also a point of fact, that once the contract is cancelled then no claim can ever be brought to a court, so this then leaves the question how the claim would be made?

Just from the number of enquiries Inside Timeshare has received recently with the average payment made to RSB Legal being around £8,000 mark, some have been considerably more, we are looking at over £100,000 which just these few have lost. Multiply that by the possibly hundreds more clients that have been taken in by RSB Legal and we must be looking at well over one million pounds swindled over the 2 years this company has been in operation. This is looking like a major fraud, it begs the question why have the authorities not done anything about them?

If you have paid RSB Legal and have paid any amount by credit card, then you may have a chance of getting your money back through Section 75 of the Credit Consumer Act 1974. Provided you have paid a minimum of £100 by your credit card then you can claim back the full amount upto £30,000.

As this company is appears to be no longer trading, plus the fact a proposal to strike off has been made, will make the claim through section 75 stronger as the company is no longer solvent therefore you will not receive the goods or services paid for, in other words they have breached their contract with you. See link below for full details on section 75.

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

It would also be prudent to make an official report to the police and receive a crime number, this can be done very easily online through Action Fraud. The more that report this the more chance of an investigation. You can also make a complaint and report to Trading Standards. Details for both are at the links below.

https://www.actionfraud.police.uk/

http://www.nationaltradingstandards.uk/contact/

If you have had any dealings with this company and have any questions or concerns then use our contact page, we will get back to you and answer your questions.

Have you been contacted by any company with a similar story and want to know if it is genuine, then contact Inside Timeshare, we’ll help you find out.

Remember doing your homework will save you in the end.