Browse Month

January 2017

thoughts

My Thoughts Today: End of January

We began January with an update on “bogus” law firms Litigious Abogados and Litigar Abogados, with the addition of a third firm called Abogacia Española, with the founder being Fernando Holaci. All three websites are the same except for minor alterations such as colour and the names of the founder and the lawyers.

The method of enticing timeshare owners to pay is also very sophisticated, with fake court documents, copies of compensation cheques and official looking documents from the so-called Procurator, Davido Harstun Jaime.

LIT

They begin by sending or calling prospective clients about the court case they are about to conduct against their timeshare company, that they are eligible to participate. In order to be registered on the coming court case, a sum of around 1,500€ is required. This has to be paid quickly as the case is due to be heard within the month.

Once this sum is paid, the client receives another email with the fantastic news that their case has been won, with the court awarding many thousands back to them. All this is done within weeks, a feat not seen in a Spanish court or any other court for that matter. Now comes the main part of the “sting”, in order to get this sum paid out court taxes etc need to be paid first, the amount varies from client to client depending on the court award. But they are in the region of £4000 to £8000. For further information see the link below or search Litigious Abogados in the search area for all the posts.

http://insidetimeshare.com/litigious-abogados-plot-thickens/

Another article published was around a Credits based lifestyle company which popped up on our radar called Keys Concierge. The reason for this article was very simple, it is the link between the director of Keys Concierge, Mr Franz Markus Deutsch and the CEO of Silverpoint / Resort Properties, Mr Mark Cushway.

The company became active in August 2015 and has a credits based system to purchase goods and services. Credits are also “earned” with each purchase and shows substantial discounts on holidays and products. So far there has been no other information come to light.

http://insidetimeshare.com/keys-concierge-another-credits-based-lifestyle-company/

Inside Timeshare with Irene, also broke the news of a settlement between the Arizona Attorney General Mark Brnovich and Diamond for $800,000 which revolved around “Allegations of Consumer Fraud Act Violations”. This is a story that we have been following all month. (see following articles).

arizona-ag-seal

After the “Breaking News” of the settlement, a joint article by Charles and Irene on the role and use of OPC´s in the timeshare sales cycle. It began with an outline on what regulations various countries in Europe have on controlling how these “scratchcard touts” operate. Going on to explain how they work in the US, with Irene laying out the information they are after. She also spoke about an OPC that she knows personally. It was an insight into how you ended up on the presentation.

This was followed by more Litigious Abogados updates and the article “Thinking of Buying a Timeshare”. It was closely related to the previous article on OPC´s as it explained how the scratchcards work, then going on to ask “Is it worth buying one”?

It came to the conclusion that it depends on what you are after, it also weighed up whether to buy from the developer or a resale. There was also a link to Mike Finn of the Finn Law Group, who also gave some very sound advice.

Again we went across The Great Lake for more news from the US,

http://insidetimeshare.com/timeshare-news-across-atlantic/

In this article Irene gave her analysis of the importance of the Arizona Attorney General’s settlement with Diamond. Irene told the story of the nightmare suffered by Irina Allen and her purchases, along with the fact she had her membership suspended on false allegations of being a “mega renter” with an AirBnB account. She had even been advised by a sales rep to buy more points as renting will help pay the maintenance.

Another article we published was on the subject of plagiarism, this was prompted by posts appearing on the TCA website which more than resembled articles written by myself and Irene. Any author will recognise their own writing style and use of words. Especially as the grammar used by the TCA writers is to say the least very poor.

But, the main point was the use of information not just from Inside Timeshare but also from Canarian Legal Alliance. In all the posts on the TCA site, no mention or accreditation to where  this information had come from. It all appeared  the TCA was taking credit for the information and the Supreme Court victories achieved by CLA. Whenever Inside Timeshare publishes any article that uses information or news from another source, that source is always credited for it. That is the basic rule of any journalist or writer.

http://insidetimeshare.com/tca-using-others-work/

plagiarism

The next article on US timeshare had a very happy ending, back in November Irene explained that Wyndham had launched “The Ovation” surrender programme. After receiving this news Inside Timeshare contacted one of our readers, Steve, who owned at Wyndham. Due to his personal circumstances he wanted to surrender his ownership, he did not have a claim, so relinquishment was the only option.

It was explained to Steve about the Ovation news and he duly contacted them to surrender his ownership. Within two months he got the news that they had indeed accepted his surrender request. Since then Diamond have also accepted the surrender of his European membership, although due to his statement of events at the point of sale, Diamond are investigating and we hope to report on that in the near future.

http://insidetimeshare.com/wyndhams-ovation-surrender-program-latest-news/

On the day President Trump was inaugurated Inside Timeshare along with Irene published the question “Attorneys General and Timeshare under Trump”. The article explained how the business and politics are linked, including the role of the “lobbyist”.

This was a subject being asked by many owners of timeshare in the US and only time will tell what effect his presidency will have on them.

http://insidetimeshare.com/attorneys-general-timeshare-trump/

In the article “And So it Begins”, it followed Irene being banned from the Diamond Resorts International Members facebook page. The reason, a few thought her posts and links to our articles were political, Inside Timeshare posed the question “what is not political nowadays”?

The real reason of her ban is simple, she asks questions about Diamond, she writes about Diamond, she questions Diamond, she questions the practices of the sales reps, but she also has dialogue with Diamond. She brings to their attention the concerns of thousands of members, she has also had statements from senior Diamond employees which she has used in her articles.

In her following article she called for advocacy in timeshare, highlighting Diamond creating an Advocacy Department, even contacting Maya Pogoda, Diamonds Public Relations Representative, who is also helping to launch the Diamond Advocacy and Clarity programme. But to some on the facebook page she was attacking Diamond, when in reality she and Inside Timeshare are calling for dialogue. Yes we do highlight the ugly, but we also highlight the good.

In another twist to this tale, two more people have been banned from this group, the reason? They have been highlighted in articles by Irene and published on Inside Timeshare, They are Irina Allen and the Saldana family. Do those calling for a ban who are the administrators believe in two sides to a story or are they only interested in promoting their own ego´s, one openly boasts how he owns so many points yet has never actually paid for them, one wonders how he got them? You know who you are and Inside Timeshare awaits your response.

http://insidetimeshare.com/timeshare-advocacy/

CLA Logo

Back to Europe, Canarian Legal Alliance has been hitting the news again, published on the 26 January, was the news of two Supreme Court rulings against Silverpoint / Resort Properties. In the first judgement the court announced that the Club Paradiso product was indeed timeshare and fell under the relevant laws, they also concluded that the client in this case was a consumer not an investor as Silverpoint claimed. This has significant implications for other “Club” schemes operated by other companies.

This case was picked up by The Northern Echo follow the link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

Within days there were another two verdicts delivered by the highest court in Spain, again against Silverpoint. In the fourth ruling, the court reiterated the earlier verdict that the “Club” scheme was timeshare, this was in relation to Hollywood Mirage and Beverly Hills Club Vacation package. Now if memory serves me correctly the second ruling on “Club” schemes now puts that into jurisprudence.

 

In the last article this month, Irene gave her views on Diamond’s Clarity programme, she had an interview with Maya Pogoda the Diamond PR and also had comments from Executive Vice President, Chief Sales and Marketing Officer Michael Flaskey. Now if this isn’t creating a dialogue, well I don’t know what is!

This will be followed next month by Part II: How Owners Feel About Clarity.

We have also been informed of a major news item that is just breaking, we hope to have an article on this tomorrow, Irene is busy on it now. But we must remember she is several hours behind us, so watch this space.

Inside Timeshare publishes these articles to keep you informed of the latest news, developments and views in the world of timeshare. Much of it you would never hear about, especially as many forums will remove posts the administrators don’t like. We will continue to publish even if it is controversial, that is what we believe in, the freedom to question, criticise and comment.

Inside Timeshare would like to thank all those who have contributed to articles this month, either through information or comments, without you the stories would not be there.

great quote

 

not alone

Latest News from Europe and the US.

Before we go on with today’s article from Irene, there has been some breaking news over the past week. The Supreme Court in Madrid has issued three rulings against Silverpoint, on behalf of three clients of Canarian Legal Alliance, all three came within days of each other.

In the first was the British Client who purchase at Club Paradiso, the court ruled that this was indeed timeshare and not a club affiliation as Silverpoint claimed. This case has taken around five years to get to this stage, with appeal following appeal.

The second case was that of a CLA client from Belgium, the court declared once again the illegality of contracts over 50 years.

Another British client of CLA who purchased the Hollywood Mirage and Beverly Hills Club Vacation Package. Again this ruling was around the “club affiliation” scheme, the court once again ruled that this did indeed fall under the scope of Spanish timeshare law, (Ley 42/98) as in the first ruling.

So far since March 2015 CLA have achieved remarkable results, with around 42 rulings from the Supreme Court, involving numerous timeshare companies, with Anfi being the most prominent. (Follow the link to The Northern Echo article on the first case).

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

In the article by Irene today, she looks at the Diamond Resorts Clarity (™) programme, it would seem that Diamond are trying to change the way they operate amid growing protests from owners, especially the elderly.

This programme at present will not be rolled out in Europe, Although Diamond Resorts in Europe have already begun to make considerable changes in their approach to owners / members. They have set in place a programme where members can surrender their timeshare under what Diamond call “exceptional circumstances”, with this there is no charge.

One reader has Steve has taken advantage of this, with Diamond accepting his surrender, but there is a twist in this story. Diamond are investigating how he was sold and how he also ended up with a finance package, they obviously believe that there is something wrong. Once this is completed, Inside Timeshare will bring you the results.

Contained within the article is an interview Irene had with Maya Pogoda the Diamond Public Relations Officer. She has welcomed the chance to speak with Inside Timeshare and has supplied numerous comments and answers to our questions. So on with Irene´s article.

Diamond Resorts Clarity (™) – The Good, the Bad and the Critical

Diamond Owners are Hopeful but Skeptical

By Irene Parker January 29, 2017

Skeptical Method

DIAMOND CLARITY(™) is the offspring of Arizona Attorney General Mark Brnovich’s issuance of an “Assurance of Discontinuance” resulting from allegations that Diamond Resorts International violated the Arizona Consumer Fraud Act.

http://insidetimeshare.com/opcs-europe-usa/#more-1518

Maya Pogoda, Diamond Public Relations spokesperson, talked to me about the new national program consisting of a series of operational procedures and enhancements, new training and compliance procedures and protocols, and other customer-friendly changes to the sales process.

Press Release excerpts:

Missing from press release: “We recognize the need for Diamond Resorts and all timeshare companies to change or improve timeshare business practices that have led to predatory lending and deceptive sales techniques, resulting in harm to timeshare owners,” suggests Irene.

I took issue with several statements made in the press release:

“At Diamond Resorts, we already excel in customer satisfaction, but we are constantly looking for ways to do even better,” said Executive Vice President, Chief Sales and Marketing Officer Michael Flaskey.

I spoke with a few timeshare attorneys. One paralegal who works for a timeshare attorney asked not to be identified. Their firm has released 10,000 owners from timeshare contracts and said Diamond is their biggest “customer”.  Timeshare attorney Mike Finn of the Finn Law Group carries approximately 500 timeshare cases with 20% to 25% against Diamond Resorts. Mr. Finn said he’s never had a Disney timeshare client.

There are also several angry Diamond owner groups:

DRIP Diamond Resort International Protestors launched by over 1000 angry British owners trying to be released from contracts.

Intrawest Embarc Diamond Facebook page has over 2500 Intrawest members. An administrator of this group recently suggested I post our last Inside Timeshare article on their Facebook page after being banned by a Diamond Influenced Member Supported 7000 member Facebook group.

I had sent the article to an Intrawest administrators individually. She receives a link to all my articles. Unfortunately, one of the administrators from the 7000 member group voiced a warning to one of the other Intrawest administrators urging a word of caution concerning the dangerous piano teacher, Irene Parker.

https://www.facebook.com/Club-Intrawest-Owners-Group-921012087982547/

The 7200 member Facebook group consists of about 50% happy/angry owners. Members who are 100% negative on Diamond Resorts are privately and quietly urged to join DRIP, according to one member who asked not to be identified. Ironically, the same administrator was banned from the DRIP website accused of being too positive.

Charles Thomas was banished within days of joining the 7000 member Facebook accused of supporting the Canarian Legal Alliance. Charles can better explain the success CLA has had fighting timeshare abuse.

Owner infighting is strongly encouraged by Diamond Resorts because United we Stand and Divided we Fall. There is a lot of that going on in the world today.

Inside Timeshare allows political commentary to enter into our articles. In fact, given the fact the Trump family is launching a timeshare in Scotland, it is even encouraged. One of President Trump’s closest friends of 20 years is David Siegel of Westgate. Westgate has been under Consumer Financial Protection Bureau investigation for the last few years.

Continuing the litany of unhappy Diamond owners:

Monarch Website of angry owners owning fixed weeks could not gain access after converting to points, resulting in a class action lawsuit.

http://www.monarchowner.com/p/our-story.html

Poipu Angry Owner website:  Assessments resulting in a class action lawsuit.

https://www.facebook.com/pages/Point-of-Poipu-Angry-Owners/148027451960608

Thousands of complaints have been voiced on Redweek, BBB and other internet complaint sites. Just yesterday a Redweek member reached out to me. I sadly informed her she made my list of top two percent timeshare horror stories. The subject of Diamond timeshare sales agent Rick Casper of Polo Towers Las Vegas will be the subject of my next article

Of course, people can always contact me directly.

Irene Card

RedWeek continues to allow me to post.  I was asked to provide a link to the article that caused me to be banned. Controversy generated by an article is a writer’s best friend.

My Facebook page has no quota on happy/angry comments. I deny I am 100% negative on Diamond. We still enjoy Diamond Resorts and find good value at times. I am encouraged by the meaningful conversations I have had with diplomat and PR spokesperson Maya Pogoda.

I find relatively few complaints on the internet about Hyatt, Hilton or Disney.

Back to the Clarity Press Release:

“It will increase transparency”

Keep Reading

Tribunal-Supremo

Supreme Court Rules against Silverpoint Twice in One Week

In a remarkable announcement the Supreme Court has made another historic ruling this time against Silverpoint. This case involves a retired lady from Yorkshire and has taken 5 years of legal battles to achieve.

The story begins when she purchased a timeshare at Club Paradiso in Tenerife, which she paid £25,000 with the promise that she could sell it at anytime as it would increase in value. This never materialised, she was then lumbered with annual maintenance fees.

In her first court hearing at the Court of First Instance they found in her favour, Silverpoint then took this to appeal at the High Court. This court overruled the first judgement and found for Silverpoint. Their argument was that Club Paradiso did not come under timeshare law as it was a “club affiliation”.

The lawyers at Canarian Legal Alliance did not agree and the case was then taken to the Supreme Court. In their deliberations 8 of the 9 Judges ruled that Club Paradiso did indeed come under timeshare law.

Within two days Canarian Legal Alliance received another ruling against Silverpoint, this time it was a Belgian Client who is now free of their ownership at Hollywood Mirage. Their contract has been declared null and void with the return of over 33,000€ plus legal interest and legal fees. The ruling in this instance was the length of their contract, being over 50 years or in perpetuity.

 

CLA Logo

Canarian Legal Alliance issued the following press release on 20 January 2017:

Canarian Legal Alliance is proud to announce that on 16 January 2017 another historical verdict was delivered by The Supreme Court of Spain.

The case began with the Court of First Instance finding for the CLA British client, this was overruled by the High Court in Tenerife, when the timeshare company Silverpoint appealed the first decision. The High Court’s opinion was that the Silverpoint product Club Paradiso did not fall under timeshare law 42/98, as they considered it was an “affiliation to a club”.

Canarian Legal Alliance felt this decision was flawed and ignored the rights of the consumer, thus appealing to the Supreme Court for clarification of the law. 8 of the 9 judges who studied the case considered that it was indeed a timeshare product as members paid a yearly maintenance fee, which is part and parcel of timeshare. They also concluded that even though the club membership was without a concrete apartment number or week, it was considered a timeshare and was regulated by the appropriate laws.

This is a groundbreaking verdict which will not only affect Club Paradiso and Silverpoint, but will have a significant effect many other club schemes and points systems in Spain.

Another aspect of this verdict was the court’s opinion the British client was a “consumer and not an investor”, again rejecting the ruling from the High Court in Tenerife. Considering this ruling now regards our client as a consumer and timeshare law applies, it gives all consumers of these products protection under the law.

Our clients contract was declared null and void, thus being Silverpoint was ordered to return to the client all payments made amounting to more than 31,000 Euros.

Canarian Legal Alliance is representing over 500 British clients in claims against Silverpoint / Resort Properties. Many of these claims are in regard to the misselling of the timeshare product as an “Investment”, whereby Silverpoint sold packs of weeks with the promise they will sell those weeks on behalf of the client.

With the so-called investment packs, clients were promised a return of at least 15% on their investment, none of these have ever materialised and many people have lost substantial amounts. Not only the initial investment but on subsequent upgrades, these were sold as better investments, as the original purchases were not of the best quality. These also include the payment of large amounts in annual maintenance costs.

This is not the first ruling achieved by Canarian Legal Alliance on behalf of British Timeshare owners, others have included the taking of deposits or any payment within the cooling off period. The banning of perpetuity contracts, floating weeks and point systems, this not only protects British consumers, but allows more British timeshare owners to receive justice in Spain.

The latest news from the Supreme Court:

It was announced yesterday 19 January 2017 that the Supreme Court has reached another verdict against Silverpoint for another client of Canarian Legal Alliance.

This verdict is in relation to the length of the contract being over 50 year, known as perpetuity, contrary to Law 42/98 of the Spanish civil code.

This is good news for many British timeshare owners who purchased in Spain, they now have a way out of their contracts and releasing them from the ever rising maintenance fees.

The following link is for the Supreme Court Announcement:

http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Noticias-Judiciales/El-Supremo-declara-nulo-un-contrato-de-adhesion-a-un-club-de-vacaciones-de-49-anos-prorrogables

Link to El Diario article published 18 January 2017:

http://m.eldiario.es/canariasahora/tribunales/Supremo-condena-empresa-variante-timesharing_0_602990754.html
The Client has also agreed to being contacted if required.  Also for further information on this and other Supreme Court rulings please contact Canarian Legal Alliance:

Case Study: Shirley Wilson , Resort Properties

Another twist in this tale is the press release by Silverpoint, in this they do not agree with the decision. They also believe it will be overturned at a higher court, the question is what higher court as the Supreme Court is the highest in Spain.

According to Silverpoint they have begun working on an appeal to the Spanish Constitutional Court, but from our sources this is unlikely as the matter is not a constitutional one. They also claim they will raise the issue with the Court of Justice of the European Union, we say good luck to them.

As CLA stated in their press release they have over 500 clients with cases against Silverpoint, so this is welcome news for them. Inside Timeshare will follow this and keep you posted on the latest events.

The Northern Echo has already picked up on this case and this can be seen on the following link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

 

advocacy

Timeshare Advocacy

On Monday 23 January we published “And So It Begins”, it was about freedom of speech and the press. This was in response to Irene Parker being banned from the Diamond Resorts Members Facebook Page, which is a members page for Diamond owners. Irene is a long standing Diamond owner. She campaigns for greater clarity in the sales process and for the secondary market, also for those who wish to surrender their ownership. In this she has engaged with Diamond in meaningful dialogue and has achieved some results.

Irene did managed to sneak in one Diamond owner’s testimony before she was banned from her Diamond Members Facebook page.

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

Irene caused an escalation in negative comments so was banned from the Diamond Members Facebook page, although the charge was because she posted our Inside Timeshare article about Attorneys General in the US working for timeshare owners, compared to Attorneys General who seem to be on the side of the timeshare developers. She was told she had been warned. When she posted her previous article on this topic, the article had been removed, but protest resulted in the article being re-posted. Irene erroneously  interpreted this as an approval of free speech.

The article banned and reposted was about timeshare dividing down party lines with Attorney General Eric Schneiderman halting sales at The Manhattan Club for a “bait and switch” scheme, compared to Attorney General Pam Bondi seeming to be on the side of the timeshare developers.

President Trump has a golf resort in Belmedie in Scotland with plans for around 900 timeshare apartments, which is set to double under new plans. In America this was reported to be only a golf course, they had no idea of the plans for timeshare to be built along with a 450 room hotel and 500 homes. Not to forget a second 18 hole course. We will of course be closely following developments in Belmedie and President Trump’s new golf and  timeshare resort.

Irene was accused of being political. Most timeshare owners don’t know that their voluntary $7 donation to ARDA ROC goes toward the timeshare developer’s lobby efforts. Lobby efforts in 2015 resulted in a law being passed making it more difficult for timeshare owners to be released from contracts due to “immaterial errors” as reported by the Orlando Sentinel. Is this not “political”? We reported on this in the October article “More News from Across the Pond”.

http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.html

For today, free speech still exists in Spain, Europe and in America. Free speech will always exist at Inside Timeshare or we will die trying. Without it you a will not know what is happening.

Today Irene´s article is about “Advocacy”, even Diamond agree this is needed and they have created a “Consumer Advocacy Department” to resolve consumer problems.

How Timeshare Advocacy Works

Update on Arizona Attorney General’s “Assurance of Discontinuance”.

 Retired Canadian Army Family’s Diamond Resorts Advocacy Experience.

By Irene Parker January 24, 2017

Support

For years timeshare owners and prospective owners have been clogging the complaint sites, complaining about what the Arizona Attorney General’sAssurance of Discontinuance” or AOD describes as Diamond Resorts:

Deception, deceptive or unfair acts or practices, fraud, false pretenses, false promises, misrepresentations or concealment, suppression or omission or material facts violating the Arizona Consumer Fraud Act.

Arizona Attorney General Mark Brnovich has issued Diamond Resorts an Assurance of Discontinuance and announced an $800,000 settlement.

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Diamond Resorts, while not admitting wrongdoing, despite hundreds of complaints filed, takes owners concerns seriously. The company has announced a new Clarity program. Next week we will publish an article on Clarity offering owner feedback as to how they feel about the new program. At least it’s a step in the right direction.

Diamond has also created a Consumer Advocacy Department. It is my belief that owners need an advocate not employed by Diamond, interacting with Diamond’s Advocate until the owner’s concern is resolved or the decision is made to seek legal recourse.

In today’s article we examine one family’s advocacy experience. Terry and Roxanne Hurley were prepared to sign their Diamond relinquishment papers until they got to the part about not being able to say anything negative about Diamond.

“We put everything we had for our retirement into this, and we are gutted to know our many years in the Canadian Military (Army), planning and saving for our retirement over 40 years, is most likely lost,” said Roxanne.

Not knowing where to turn, the Hurleys contacted me and asked if there was any way they could recover any of their life savings. Most people would have contacted an attorney, but we contacted Diamond’s Advocacy Department. The reason they invested all their savings was because the Diamond sales agent (Vacation Counselor) said buying Diamond vacation points was like buying a second home. He neglected to tell the family it was like buying a second home without a secondary market.

The Hurleys chief complaint was availability. “Ash painted a beautiful picture of Diamond and even gave us a beautiful book and said these were all the places we could go. He said we would have access to over 2500 resorts through Interval International,” Roxanne explained. “We were getting ready to retire from the Canadian Army and we thought what a wonderful way to spend our retirement! He showed us a beautiful suite we would be able to get if we wanted to stay at Mystic Dunes.”

Terry and Roxanne Hurley recently retired from the Canadian army.

Hurley

Terry and Roxanne twice bought Diamond vacation points from DRI sales agent Ash Hanting at Mystic Dunes in Orlando. They bought points a second time when they discovered they did not have enough points to book the following year after their first purchase. The Hurleys have spent 50,000 Canadian for 15,000 points.

Armed with 15,000 points, they tried to book Myrtle Beach but it was not available so they had to book through Expedia. Booking one year out they were able to book Arizona.

 Terry and Roxanne approached Ash on a third visit to Mystic Dunes asking how they would go about selling their points because the vacation plan they bought was not turning out to be what they had been promised. Ash told them they would need to get a broker.

Unfortunately, not one member of the 64 member Licensed Timeshare Resale Broker Association will market Diamond points because they feel Diamond points are worthless on the resale market due to restrictions Diamond places on points purchased resale. LTRBA members will buy and sell any major timeshare except Diamond Resorts; although I’m told only one of the members will market Westgate.

http://www.licensedtimeshareresalebrokers.org/

The Hurleys told Ash the level of quality of their current accommodation was nowhere near the standard of what they were showed when they were sold their initial points. Their complaints were ignored. Roxanne wrote to Founder Stephen Cloobeck and Victor McElroy about what they felt were deceptive business practices, but no one responded.

The Hurleys are coping with Roxanne’s mother who is very ill and who lives about 2000 miles from them in Ontario. “It is very difficult to scrimp up the money to get to her. And my husband is dealing with medical issues as well,” Roxanne added.

I contacted Maya Pogoda, Diamond’s Public Relations Representative helping to launch Diamond Advocacy and Clarity. While the Hurley’s concerns about availability and the burden of rising maintenance fees, exacerbated by the Canadian exchange rate, have not been resolved; Diamond’s Advocate was able to offer the Hurleys a little “time out” in the midst of the family’s medical crisis in order to allow the family some time to weigh their options. I had suggested someone from Diamond contact the Hurleys to see if someone could help them find better availability. That is not the role of the Vacation Counselor, so Mr. Hanting cannot be of help.

Timeshare Needs a CASA,  

CASA

Court Appointed Special Advocates, (CASA) is a national association in the United States that supports and promotes court-appointed advocates for abused or neglected children in order to provide children with a safe and healthy environment in permanent homes.[1]

The CASA is a volunteer who need not be an attorney, whose role is to gather information and make recommendations to the judge.[3]

Judge Soukup in 1977 formulated the idea that volunteers could be dedicated to a case and speak for children’s best interests.[5]

Fifty volunteers responded to his idea, which started a movement.[7]

A Proposal for our Attorneys General

Appointed Special Advocate for Timeshare Owners (™)

Here to help

CASA provides a voice for the voiceless. The Hurleys are not alone. I have talked to dozens of owners who don’t know where to turn or who to talk to.

Other advocates pictured above include Sylvia Saldana. The Saldana family is left with a $33,000 home equity loan and no vacation points.

http://insidetimeshare.com/irene-parker-write-barclay-card-usa/

Kathie Olds and her husband were told to buy more points because Apollo would be coming up with a new program that would allow them to “cash in” points at $.50 a point to pay for maintenance fees. Points sell for about $2 to $4 a point.

http://insidetimeshare.com/call-change-us-timeshare-industry/#more-1397

BL, Our Devil’s Advocate saying positive things about Diamond having signed a non-disclosure statement.

Roxanne Hurley

Irina Allen (featured in last week’s article)

http://insidetimeshare.com/timeshare-news-across-atlantic/

As a former CASA supervisor, I wrote court reports and attended hearings and trials on behalf of foster children and teens aging out. Victimized timeshare owners need a voice for the voiceless. Just like foster care, there is a need for advocates who understand the system. The Arizona Attorney General’s “Assurance of Discontinuance” is 37 pages long. It’s a lot for me to plow through.

Here is one reason why the Arizona AOD has encouraged DRI agents to stick to the script rather than make oral representations offering benefits not in existence. DRI Sales agent Wajdi’s promise below wandered far afield:

We (C and P) purchased an additional 60,000 points from Wajdi at Cancun Resort on July 25, 2016 based on our ability to sell half of our points back to DRI to pay maintenance fees. We have contacted Wajdi a few times, but still do not know how to pay our MF with points.

Through advocacy, C & P’s concerns were resolved. They will remain Diamond Platinum members because of their positive outcome. They ceased legal action.  

A lot is happening in Timeshare.

get-involved

This is what freedom of speech really means, without it nothing will change, Inside Timeshare will report what it finds, whether it is good, bad or ugly. We will continue to publish Irene´s articles on what is going on in the timeshare world in America. We also hope to start publishing news from timeshare owners in Australia in the very near future. The problems facing timeshare are not confined to Europe or America, they are worldwide.

Inside Timeshare welcomes those with news and views on timeshare worldwide, we will endeavour to publish and keep all informed on events and news which affect you the owners.

 

media

And So It Begins!!

Following on from Friday’s article Attorneys General and Timeshare under Trump, it would appear to have upset a few people on a facebook page that Irene is or rather was a member of, Diamond Resorts International Members page.

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

Apparently some think it is political, well what isn’t political nowadays?

Gandhi free press

It asks the question what will happen to timeshare under the Trump presidency, a fair question considering his business background. He is a developer himself, having built a golf resort in Scotland, which includes plans to double the number of timeshare apartments.

He is all for business, fair enough, but is that going to be at the expense of beleaguered timeshare owners in the USA?

We have already seen in previous articles the predatory nature in the sale of timeshare including the continual upgrading and “lending” in order to fund this. It has been highlighted time and again that there is a lack of a “secondary market”, which ends up with owners being at the mercy of unscrupulous resale and termination companies.

Just from the actions in barring Irene from the group by a few, freedom of speech and expression is being eroded by a few, who think they know better. Are these people just stooges for the industry? Do they speak for the majority?

Voltaire free speech

Inside Timeshare thinks not, we will publish stories about both sides, whether they are “the good, the bad or just downright ugly”. Freedom of speech is the fundamental aspect of democracy, when we lose that we have dictatorship, Irene has lost one avenue for that freedom and it is to the detriment of those other members who wish to know the Truth.

Timeshare and Politics

Freedom of the Press and Freedom of Speech Works

By Irene Parker January 23, 2017

hand and pen

Whether we are talking politics or timeshare, media spin is usually the first line of defence. I have been banned from one of the Diamond Resorts Members Facebook page for posting the article Inside Timeshare published Friday, January 20 about US Attorneys General working for timeshare owners and Attorneys General who seem to be on the side of the timeshare developer. I was banned because the article was deemed political. I did not know President Trump was going into the timeshare business until I read the article after it was published.

Attorneys General and Timeshare under Trump

Timeshare is all about politics. The problem is, timeshare is a one sided political game with all the muscle on the side of the timeshare developers.

Several of the members of the Diamond Facebook contacted me with their reasoning as to why I was banned. I’m told the quota of unhappy owners has exceeded its limits. Happy campers are encouraged to apply.
I worked with over two dozen of the Facebook members, several having been financially devastated by their vacation plan. I felt like I had been making real progress interacting with PR spokesperson Maya Pogoda, the newly formed Diamond Consumer Advocacy Department, and Diamond’s In-house Counsel – responding when legitimate examples of deceptive and fraudulent business practices are brought forth, similar to the Monarch example below.

Owners released from a timeshare contract cannot share their story because they are required to sign a confidential non-disclosure agreement or CNDA, agreeing not to say anything negative about Diamond Resorts. How can this Monarch owner go through life not saying anything negative about Diamond Resorts? I use Diamond as an example, but a few of the big players are just as guilty.
I am at the Cancun resort in Las Vegas and went to a breakfast where they said they would simply update me about the changeover to Diamond. I was told that I should have been invited to a dinner where I would have been given options, decided by a judge in a legal ruling against Monarch due to their bankruptcy. They proceeded to show me a print out that said when my current term expires in August. I would have to pay $573 per quarter to Monarch. They said that due to the bankruptcy, I would have no equity. That was option one. Pay more, have nothing. The other option they said was to transfer into Diamond at a cost of $12,000 plus and pay a yearly maintenance fee of $1,700. Less than the $2,292 I would soon be giving Monarch. They also told me that I would then have equity of $41,000 that I could sell. I was in tears. I do not have any extra money. In fact I have been looking for ways to get out of Monarch for over a year now. They said that was not an option and that as an owner, I was now proportionally responsible for their debt. I felt trapped and signed all the papers to transfer, with no idea how I can pay. After reading the comments above I am even more scared. I am trying to start my own business and am already in severe debt. They claimed when they ran my credit though that it looked better than most and assured me I qualified for financing. I would have to pay off, basically transfer to credit cards, which I can barely make my payments on now before I could look to sell. One of the reps assured me that she would put me in touch with someone who could help me sell my points. She even gave me her cell phone number to call after the sale/transfer is finalized. I am really scared though. Please help! We have to do something. It seems as though they have no qualms about lying to and robbing people for their own benefit.

bill of rights

Attempts are being made to suppress the America media. CNN has been aggressively targeted. Suppressing the media is the first step in a dictatorship. It pains me to see Anderson Cooper rattled by the absurdity of debating crowd size.

Propaganda and distraction are the means to control the message. In timeshare this is accomplished by requiring relinquishing owners sign a non-disclosure agreement. This is common in any industry, but seems harsh when an elderly or vulnerable family has turned over sometimes their life savings because they believed they were buying the equivalent of a second home. The family will receive nothing when they relinquish. The developer takes back the contracts and resells for full value. Amounts from $50,000 to $100,000 are not uncommon. I dare not show them past levels of executive compensation which I believe are wildly inflated. Is it fair to silence?

I sent our controversial article to the Consumer Financial Protection Bureau with this note:

I know Senators Warren and Sanders are kind of busy right now, but I really think they should know our President is going into the timeshare business and one of his best friends for the last 20 years is the owner of Westgate who you have been investigating for a couple years.

What can be done about it?

help key

There seems to be a real disdain for confronting a problem with the preference being to deny the problem exits. In the media, I have seen masterful examples of answering a question by not answering the question. I have always said half a problem goes away when confronted. How CAN the timeshare problem be confronted?

Finally, a timeshare company listened!

Diamond Resorts has created a Consumer Advocacy Department that allows owners who have been victimised by rogue timeshare sale agents to contact their Consumer Advocacy Department at:

mailto: ConsumerAdvocacy@DiamondResorts.com

Often issues are related to miscommunication. Meaningful dialogue can work wonders. The entire industry benefits although timeshare lawyers may notice a decrease in their earnings.

Arizona Attorney General Mark Brnovich and his staff are working with Diamond Resorts to improve their business practices. Diamond is certainly not the only timeshare company that needs to improve.

OPC´s in Europe and the USA.

One of my favourite posts on my former Diamond Facebook was when an owner said Diamond needs to take the Blinkers off. Blinkers off? It’s a worldwide Facebook page so an American said the word we use is Blinders.

Timeshare needs to take its blinkers or blinders off and realize there is a problem with the timeshare industry and the continual conflict between timeshare developer lobbyists like ARDA, RDO and TATOC and timeshare owners and advocates. CRDA is not on this list because CRDA does have an advocacy arm. It’s called the National Timeshare Owner’s Association and it has been helping owners for over twenty years. Owners have available an “ASK CRDA” helpline that has operated without any interference from developers. But that’s Canada for you.

Too many senior citizens we used to call baby-boomers are being harmed by predatory marathon sales presentations repeatedly asking us to sign perpetual contracts with little or no secondary market.

Let’s wake up Timeshare!

The Arizona Attorney General has taken the first step by throwing out the oral representation clause in Arizona, or “license to lie” as timeshare attorney Mike Finn of the Finn Law Group likes to describe it. For years deception and fraud has gone on unchecked because of the oral representation clause. The oral representation clause is the start of a vicious circle that ends with the widely reported timeshare resale scam industry.

Is honesty really that hard?

 

reform

Inside Timeshare will continue to publish stories such as these, without them timeshare owners around the world will be kept in the dark. If you have any comments on this or any other article Inside Timeshare welcomes them. If you have a personal story on your experiences which you would like to share, contact us and we will get back to you. You Have a voice, use it!

 

   

  

 

flags

Attorneys General and Timeshare under Trump

Today’s article just happens to coincide with a rather important day in the USA, it is the inauguration of Donald Trump as President of the United States of America, so what has this to do with timeshare?

Well it is actually quite simple for those in Scotland, back in 2008 there were some very heated debates over Mr Trump’s plan to build an 18 hole golf course and resort in Balmedie Aberdeenshire. This met with considerable resistance from the local people, but eventually Trump won through.

The original plan was to build a 450-room hotel, a second golf course, 500 luxury homes and 900 timeshare apartments along with a second 18 hole golf course. In a recent article in The Guardian newspaper these plans now intend to double the number of homes and timeshare apartments.

According to The Independent Newspaper there appears to be a conflict of interest, although Mr Trump or should we say President Trump, has stated that his company will do “no new foreign deals” during his presidency. But as The Independent puts it he has left this “new” and “deals” open to interpretation.

The Independent article goes even further, it also brings in the fact this proposed expansion coincides with the need for the UK to negotiate a trade deal with the US after the Brexit vote. As The Independent puts it “who would deny a permit to the President of the United States?”

Well, we in the UK and especially those people in Aberdeenshire will just have to wait and see.

In Irene Parker´s article she explains the US side to the question what will happen under the Trump Presidency and the effect to owners.

Links to the Independent and The Guardian articles.

https://www.google.es/url?sa=t&source=web&rct=j&url=/amp/www.independent.co.uk/news/world/americas/donald-trump-organization-golf-links-resort-scotland-aberdeen-conflict-interest-a7534596.html%253Famp&ved=0ahUKEwjEiL656M7RAhUGQBQKHVZkDe8QFghQMAY&usg=AFQjCNEGkuZV4A3k8BIvt65PzkVLNLQbHQ&sig2=oX4Sg73mYZ_Gfsi1hw9UJw

https://www.google.es/url?sa=t&source=web&rct=j&url=/amp/s/amp.theguardian.com/uk-news/2016/dec/22/planners-reject-donald-trump-revised-plans-scottish-golf-resort&ved=0ahUKEwjSkM6q6c7RAhWCxRQKHVVfCfEQFghZMAc&usg=AFQjCNGSyvxRBMaAVBigvOxsbSyrpCkAKQ&sig2=sSbmK7N4TgzLUVG1YI-PHQ

Attorneys General and Timeshare under Trump

By Irene Parker

January 17, 2017

Presidetial seal

There are a couple of movements under way in America, so why should Timeshare be different? Timeshare owners who have been victimized by rogue sales agents are as far apart from the actions of timeshare developers and lobbyists as Trump is from Bernie. Through covert action, timeshare owners have circumvented laws developers supported to jokingly protect our privacy, and began to contact each other. What we have learned from each other’s experiences is shocking.  

http://www.redweek.com/resources/ask-redweek/timeshares-refuse-to-share-owner-lists

Four Attorneys General have taken action to protect timeshare consumers and prospective buyers.  Noticeably absent from this list is Florida Attorney General Pam Bondi, considering Florida is a timeshare mecca center. The timeshare developer lobby organization ARDA will be quick to point out Bondi’s effort to shut down fraudulent timeshare resale scams – vibrant due to little or no secondary market for owners seeking to sell their timeshare. Bondi explains on a FOX Bob Massi Property Man segment:

https://www.youtube.com/watch?v=G6bZDA6pL0o

Resale scam artists are like squirrels. Take out two and four more will arise tomorrow. I received two calls just this week. Of course shutting down 41 fraudulent resellers is a good thing, but did this just clear out the clutter for developers to have a clear path to “legitimate” transfer agents.

When a timeshare company refuses a request to surrender a timeshare contract, never fear! The beleaguered owner can go to a transfer agency with good names but questionable business practices like Redemption and Release and Resort Release. For sometimes as much as $5000 or more, transfer agents will offer a guaranteed “deed-back”, if legitimate, then bundle 25 to 50 contracts and sell back to the developer. Sound similar to the sub-prime mortgage business? It is.

On the other side of the FOX Celebrity fence are Dave Ramsey and Laura Ingraham endorsing Resort Release. In a FOX news interview Dave Ramsey said timeshare has a 98% dissatisfaction rate.

Lisa Ann Schreier, author of Timeshare for Dummies, offers her opinion in her Open Letter to Dave Ramsey and Laura Ingraham:

http://thetimesharecrusader.blogspot.com/2016/11/an-open-letter-to-dave-ramsey-and-laura.html

lecturnSo what does this have to do with Politics?

Pam Bondi made headlines with her handling of the Trump University investigation after asking and receiving a $25,000 donation.

Trump U victims are eerily similar to timeshare victims. CNN reporter Drew Griffin interviews top Trump U sales agent Dave Harris:

https://www.rawstory.com/2016/07/cnn-reporter-hammers-trump-u-instructor-is-that-called-ripping-off-an-old-couple/

There has been a noticeable shift in lobby efforts. Extravagant events designed to curry favor for legislative efforts used to be directed towards politicians and lawmakers. That’s changed. More and more, campaign contributions, lobby sponsored conferences and events are aimed at Attorneys General like Pam Bondi, as pictured, and reported by the New York Times:

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

However, efforts to influence politicians have not gone unrewarded. Timeshare owners and advocates were outraged over timeshare laws passed in 2015 making it more difficult for timeshare owners to be released from contracts.

http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.html

Attorneys General working for us:

Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance following a probe of Diamond Resorts. A settlement of $800,000 has been awarded for restitution:

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Other Attorneys General have come down on the side of timeshare owners, including:

Colorado Attorney General Cynthia H. Coffman, as reported by Business Den reporter Amy DiPierro, concerning Highlands Resorts in Colorado and Sedona Pines in Arizona:

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

New York Attorney General Eric Schneidermann halted sales at The Manhattan Club in 2014 and is still engaged in an ongoing legal battle:

http://insidetimeshare.com/news-across-pond/

Tennessee Attorney General Herbert Slatery III settled with Festiva timeshare for $3 million:

https://www.tn.gov/attorneygeneral/news/38312

Alongside AGs, the Consumer Financial Protection Bureau conducts an ongoing investigation of Westgate timeshare as reported by Matthew Zeitlin at BuzzFeed:

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.dwoQKVw3QQ#.doJ0ka1K00

Diamond Resorts default rate is the highest in the industry. The rate has increased to 19% over 13% from the prior year, according to National Mortgage News. Diamond credits this to lawyers targeting owners. I like to think of it being caused by owners talking to other owners.

http://www.nationalmortgagenews.com/news/secondary/newly-private-diamond-resorts-tests-securitization-market-1090005-1.html

So what side of the political fence stands the timeshare developer? Pictured to the left of our new President, the King of Versailles and owner of Westgate timeshare David Siegel:

Trump

Thank you to Inside Timeshare for providing a forum that now reaches from England to Australia and to our Diamond member sponsored Facebook page:

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

Globe flags

Inside Timeshare hope that this article has explained to our European readers the problems that US timeshare owners face, and what it may mean to them in the future. Your comments to this article are more than welcome.

If you have any questions about any company that you may be thinking of dealing with or have been contacted by, contact Inside Timeshare and we will find the answers for you.

 

good news

Wyndham´s “Ovation” Surrender Program: Latest News

On 2 November 2016, Inside Timeshare published the article News From America: “Wyndham Launches New Surrender Program”, by Irene Parker. (See the original article via the link at the end). It focused on the new initiative by Wyndham Hotels and Resorts, which is one of the largest timeshare concerns in the USA.

The new initiative is called “Ovation”, it is designed to give timeshare owners a secure and legal way out of their timeshares, without fees, hidden costs or the need to make additional purchases in order to participate. Irene even managed to get a response from their media contact Lori Ford, in her statement she said “Our goal is to help owners transition to the next phase of their life and reach as many owners as possible, before they are contacted by fraudulent companies,” it certainly looked promising for owners.

wyndham logo

Inside Timeshare was contacted by a reader Steve Lloyd, he had several enquiries about various timeshares he owns and how to get out of them. He explained what he owned and asked what were his options to either claim back, sell or just relinquish. Well we all know that the resale market is virtually non-existent, so that left the claims or relinquishment option the only course.

It turned out there was no possibility of claiming, so we looked at the only course for him to take, relinquishment. It was explained to Steve that two possibilities existed, hire a reputable law firm to do it for him or contact his resorts. Inside Timeshare advised to contact the resorts first and see what they had to say.

Then came the news about the Wyndham programme, we contacted Steve with this news and he duly got in touch with Wyndham. That was on the same day as we published.

Yesterday 16 January 2017, Steve sent an email with some great news, he received an answer from Wyndham. His timeshare has now been surrendered through the Ovation Program. This is his email:

“The attached was received this morning and signals the successful completion of our exit from WorldMark via their Ovation programme.  A very successful and satisfactory process, I feel.  All through the process, WM/Wyndham staff have been friendly, courteous and helpful, and the final letter shows a nice human touch that doesn’t cost them anything.  Please use the contents of the letter for the good of all as you see fit”.

Worldmark Exit Contract closure letter Jan 2017redacted

As you can see, he is very pleased with the result, praising the way he was treated and how courteous they were, this is truly a good sign for the timeshare industry. He is still waiting for a response from Diamond Resorts (Europe).

Irene Parker received this brief statement from Lori Ford, the Wyndham media contact:

Thanks so much for the opportunity to provide a response. Please feel free to incorporate the following statement.

“According to Wyndham Vacation Ownership (WVO), “We are pleased to hear of Mr. Lloyd’s positive experience with the Ovation program. We remain committed to tailoring simple, safe and secure exit strategies for owners who have fulfilled their vacation goals.” With the introduction of Ovation by Wyndham in early 2015, WVO has received over 55,000 inquiries and helped more than 20,000 owners exit their ownership with peace of mind, and without any additional costs”.

“With its portfolio of customized exit options, Ovation by Wyndham acts as the first layer of defense against unscrupulous third-party exit and resale companies who may aim to mislead owners. The program is continually evolving to suit our owners’ needs, and we encourage owners to call Wyndham first if they are interested in exploring potential exit options”.

Best,

Lori

Irene also provided the following from a past press release:

Wyndham Vacation Ownership Wins ACE Innovator Award for Ovation by Wyndham

According to Wyndham’s Press Release

Program First of its Kind in the Industry to Provide Exit Path for Timeshare Owners

ORLANDO, Fla. (May 9, 2016)Wyndham Vacation Ownership (WVO), the world’s largest vacation ownership company and a member of the Wyndham Worldwide family of companies (NYSE: WYN), won the ACE Innovator Award, along with 12 other prestigious industry awards, at the annual American Resort Development Association (ARDA) Awards Gala at the Diplomat Resort & Spa in Hollywood, Florida on Wednesday, May 4, 2016.

The ACE Innovator Award recognizes the company’s development of a groundbreaking product, service or concept. In 2015, WVO became the first developer in timeshare history to launch a comprehensive, proactive, and uniquely positive approach to help longtime owners seeking to exit their timeshare. Ovation by Wyndham offers simple, safe and secure options for owners in situations where lifestyle or vacation preferences have changed. There are no fees, hidden costs or additional purchases required to participate in the program.

Irene´s comment:

“While we applaud Wyndham for leading the industry in an owner friendly timeshare exit program, we hope efforts emerge to boost the price of a timeshare’s secondary market value. In the US, an owner is fortunate if they are able to recoup 10% to 15% their initial investment. The problem can be devastating if an owner buys a timeshare and suffers a life crisis shortly after purchase. A few timeshare companies have virtually no secondary market”.

As you can see there is still a long way to go, one of the main points that keeps coming up in these articles from America is the lack of a secondary market. The same can be said in Europe, throughout all sales presentations consumers are told that they can always sell their timeshare if no longer required.  Or they are told the developer / resort will buy it back, as we know that is not the case.

Inside Timeshare leaves it to you the reader to make up your own minds, your comments on this subject are welcome.

If you require any information regarding this or any other article, or just need advice on any company you may be thinking of dealing with, contact Inside Timeshare. We will do our best to help you.

Link to original Wyndham article:
http://insidetimeshare.com/news-america-wyndham-launches-new-surrender-program/

 

plagiarism1

Are TCA Using Others Work as Their Own?

plagiarism

ˈpleɪdʒərɪz(ə)m/

noun

  1. the practice of taking someone else’s work or ideas and passing them off as one’s own.
  2. “there were accusations of plagiarism”
  1. synonyms:
  • copying, infringement of copyright, piracy, theft, stealing, poaching, appropriation;
  • informalcribbing
  • “there were accusations of plagiarism”

It has not gone unnoticed that the so-called  “Independent Voice” of the timeshare consumer, the TCA (Timeshare Consumer Association) is using other people’s work, writings and court victories, then making it look as if it is their own.

Inside Timeshare for some time has been researching and reporting on one particular enterprise, Litigious Abogados. Although we applaud the fact this story is being published to inform consumers of this “Fraud”, we do however find that by not citing their source or even acknowledging where it came from downright reprehensible.

It has always been the practice to give credit to the origin of any information, either by naming who and where it came from and providing a link to the original article. In the past Inside Timeshare has done this when using information from the “old” TCA, pre Mark Rowe ownership days. TESS has recently done the same for Inside Timeshare when they published further information from one of our articles.

The latest from the TCA is the story published on their website on 16 January 2017, titled Network of Cunning ‘Lawyers’ in Tenerife. In this article they mention their has been “correspondence” from a third party, who they say were involved. In this they imply that it is they who have received this correspondence. The fact of the matter is, the gentleman in question contacted Inside Timeshare about Litigious Abogados, after seeing one of our original articles. He sent us copies of all paperwork and emails, including a statement of events.

In this statement he explained how he was contacted, the dates of the case, how much he paid and how much he had to pay in “Tax”. This information has not been published in any other place, it is exclusive to Inside Timeshare who has documents and statements from several readers.

This is not the first time this has happened, it has also been noticed by our readers in the USA, who have seen very close similarities to the articles written by our American writer Irene Parker. Again much of the information included in these articles is exclusive to the writer and has not been published elsewhere.

Link to the original Inside Timeshare article published 3 January 2017

http://insidetimeshare.com/litigious-abogados-plot-thickens/

Link to the TCA article published 16 January 1017

http://www.timeshareconsumerassociation.org.uk/2017/01/16/network-of-cunning-lawyers-in-tenerife/

We leave you to decide.

This is Irene´s reply to the TCA

From Irene: Timeshare has enough warring factions. It does not help timeshare when those who are supposed to be on the same side are at odds. We hope TCA readers read IT and IT reads TCA. Like Charles, we are  grateful for any dissemination of information. I am a Diamond owner and a member of the 7000 plus member Diamond Facebook page. Whenever I am asked about a TCA article posted, I note that two of my articles have been plagiarized. Following the conduct of responsible journalism raises both publications to a higher level of standard and accountability. I will pay closer attention to your articles and write on a similar theme crediting your work. As we say in America, United we Stand, Divided we Fall, but that is not working very well at the moment over here.

plagiarism

Another matter on this theme are two articles published on 20 December and 8 December 2016. These refer to rulings made by the Supreme Court in Spain, against various timeshare companies and resorts. At no point do they in any article refer to the law firm who brought these cases to a successful conclusion.

When Inside Timeshare publishes any article on this subject we will say who the law firm is, we have on many occasions congratulated Canarian Legal Alliance on these results and reported the court’s findings. This is true for any firm who has success and wishes it to be published. Obviously upon verification of the facts.

CLA links

https://www.canarianlegalalliance.com/court-victory-dinastia-sl/

https://www.canarianlegalalliance.com/puerto-calma-payout/

TCA link

http://www.timeshareconsumerassociation.org.uk/2016/12/20/more-compensation-wins/

The TCA articles urge anyone to contact them if they have a claim, again implying they are responsible for these victories. Fine they do not actually say it is them, but the way it is written with no credits or links to original articles, the implication is there.

We wonder what their motives are and who they are passing enquirers on to, after all the TCA is now part of the Mark Rowe group of companies?

Inside Timeshare also emailed the TCA with the following on 16 January 2017:

Dear Sirs,

Although I am pleased that you are using my articles on a regular basis to fill your pages, I do take a dim view that you are trying to take credit for the information.

It is a common courtesy and a fact in the world of journalism to acknowledge and give credit to where it came from. In this article you have used information supplied by one of my readers. This has not been published anywhere other than my site.

This is not the first time, many of the articles have been basically copied, with my writer in the US not very pleased that no credit was given to her or our site.

As for this company, I do agree that this information needs to get out.

But you do not do yourselves any good by this sort of action.

Charles Thomas

Research Journalist Inside Timeshare

All we received was an automated reply wishing us “Happy Holidays” and that their office will be closed until 3 January 2017.

This speaks volumes, to our mind they are not the association originally set up by the late Sandy Grey, or the new TCA set up after his passing.

Inside Timeshare leaves it to you the readers and consumers to decide who you can trust.

 

plot thickens

More News on Litigious Abogados

Once again Inside Timeshare has received another email from a concerned reader about Litigious Abogados, he also received an email that he had a case against Diamond and can be included in the forthcoming case.

To get this underway an initial payment of around 1000€ needed to be made, this was payable to the “Court ProcuratorDavido Harstun Jaime. The client did pay this and eventually he received the great news that Diamond Resorts pleaded guilty on 13 December 2016. The strange thing is, if Diamond were going to plead guilty, surely they would have made an out of court settlement, rather than go to trial?

He was informed the court had awarded him around 20,000€, but before this could be released he would need to pay “TAX”, again to the “Court Procurator”. There is also a new twist to this tale, he was informed that this “TAX” would be refunded to him by the UK’s  HMRC (Her Majesty’s Revenue and Customs). This would be in June 2017 after the lawyers had made representations in his behalf.

Now, why would HMRC refund any “TAX” paid to a court in Spain or to the Spanish Government?

The plot is certainly getting thicker in order to lend credibility to this operation. Inside Timeshare wonders what the next twist will be.

LIT

This is a full list of the company names and websites with all names that appear on documents and emails:

Websites:

www.litigiousabogados.com/

http://emiliocatillianos.com/

www.litigarabogados.com/

http://manuelamasconde.com/

http://abogaciaespanola.com/

http://fernandoholaci.com/

http://www.davidoharstunjaime.com/

Lawyers:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

Ramon Quilnar Canal for Litigious Abogados;

Ramon Quenan Cansal for Litigar Abogados;

Ramon Quilon Climol for Abogacia Española.

Procurator:

Davido Harstun Jaime.

Addresses:

Litigar Abogados and Litigious Abogados

Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife,

Abogacia Española

Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España.

Staff named on Emails:

Luisa Ernas Fernandez Departamento Legal;

Layla Lavame Fernandez Departamento Legal;

Layla Lavame Carita Departamento Legal;

Maria Sanchez Gotera Departamento Legal;

Madelena Huele Aflores Departamento Legal;

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados. European Union Data Protection Directive 95/46/E

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Court Document
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Compensation Cheque issued by the Procurator

 

Luckily for this reader he found the previous articles on Inside Timeshare and this has saved him several thousand euros. Once again this proves you need to do your due diligence before engaging any company, doing your homework will save you money and heartache.

If you have been contacted by any of the companies in this and previous articles, Inside Timeshare would like to hear from you. It is through your information that others can be warned.

 

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More Timeshare News from Across The Atlantic.

Following on from our previous article from Irene Parker about the Arizona Attorney General´s $800,000 settlement with Diamond, Irene has given her analysis of it.

One of the most contentious issues they have in the US is the perpetuity contract, this becomes part of the owner’s estate, thereby the children and then grand children etc, inherite the timeshare and with it the ongoing maintenance / management fees. Spain banned this concept in the timeshare Law 42/98, which came into force on 5 January 1999.

Any timeshare sold in Spanish territories since that date is limited to a maximum of 50 years, the reasoning behind this is quite clear. The powers that be believe that it is inherently unfair for the children of owners to be saddled with a contract and debt which they have not freely entered into.

There are other countries within Europe who have had this enshrined in their laws for years. Madeira, an Autonomous archipelago which is part of Portugal, situated in the Atlantic southwest of Portugal and 400 Km north of the Canary Islands, has never allowed perpetuity contracts. They have alway limited them to no more than 50 years, this was very popular with owners as they knew exactly when they would no longer be liable for the annual charges.

Malta, situated in the  Mediterranean 80 Km south of Sicily, also limited the length of the contract to 30 years. Speaking with many of those owners who purchased in the 1980´s, they are now elderly, some getting to the stage where they no longer travel, Their contracts are now ending or have ended, they also know they are not leaving a continuing debt for their children.

It just remains to be seen if other countries in Europe follow suit, ending the controversy of perpetuity contracts. Now to Irene´s article.

Spain has ended perpetual contracts and now Arizona Attorney General Mark Brnovich is working on the front end to stop outrageous oral representations. Together we are changing the timeshare world.

An Analysis of the Arizona Attorney General’s Diamond Resorts $800,000 Settlement and One Reason Why It’s About Time

By Irene Parker

January 13, 2017

woman shoe

Irina Allen is a Diamond Resorts owner who was encouraged, over time, to buy 139,000 Diamond points.  The sales agent encouraged her to buy such a large amount of points in order to be able to rent to cover her maintenance fees.

Diamond has now changed their rental policy. Owners can only rent to friends or family. Owners are prohibited from using sites like RedWeek, VRBO or EBay, commonly used to rent vacation weeks and points.

Timeshare contracts are a developer based contract, according to timeshare attorney Mike Finn of the Finn Law Group. “It basically states the timeshare company can change just about anything for any reason at any time.”

This new Diamond policy preventing renters from renting outside of friends and family may not sound significant in a new rule book, but for families, advised by sales agents to buy a high volume of points, it proves a disaster. Rising maintenance fees exacerbate the problem.

Owners told me earlier member guides stated travel agents could be used to rent points and the language in one signed contract states: “some or all Points can be rented outside of the immediate family.”

High Volume Diamond owners feel they are being targeted. If unable to pay maintenance fees without renting, they could be forced to surrender their points or foreclose. Surrenders are not guaranteed. When that happens, the timeshare company takes back the “inventory” and resells for full value.

Renting for the purpose of covering maintenance fees is still being proposed as a sales strategy, according to posts on our closed member based Diamond Resorts Facebook page. According to the post below, one Diamond timeshare sales agent did not get the memo:

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

“We attended a sales presentation at Kaanapali Beach Club and were encouraged to buy points to rent. The agent said his wife is renting out their units and made a profit last year.”

I contacted the owner who posted the above contract. She was able to provide:

The agent’s name, James Ziskend;

Date – January 5, 2017;

Location – Kaanapali Beach Club Maui

She posted the comment asking if anyone thought this was a good idea.

One owner was astounded the agent tried to sell them more points to rent AFTER the family had been issued a “Cease and Desist”. He said they could not launch a website, but renting on sites like RedWeek would be allowed. “Mega-renters” are high volume owners who do use websites to rent points for commercial purposes.

But back to Irina Business woman

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