Browse Month

October 2017

class action

The Tuesday Slot with Mike Finn

Today we publish the article by Mike Finn, which was postponed from last Friday’s Letter from America, it is the second in his series on Class Action Litigation, Part 1 looked at Arbitration. Tomorrow we publish a rather interesting article which compares two different industries, but surprisingly they operate in a very similar way.

Well it is that time of the year, the sound of envelopes containing your maintenance bills dropping on the mat. How much will they have gone up by this year, we hear you asking?

To be honest, one question we often ask, is what the hell do they spend this money on, after all our resort hasn’t had a facelift in decades. The tiles round the pool are still damaged, the bed covers are the same as when we bought 30 years ago. Even the sofa bed is still falling apart!

It would seem that they don’t spend it on maintenance, it goes on their profit line, so what can you do about it? Not a lot, you’re tied into perpetuity contracts, there is no resale or secondary market, yes, you are stuck in a rut with no way out.

Well not quite, things are changing, back in June Business Wire, published news of a lawsuit filed by Finn Law Group against Diamond Resorts. The suit was about maintenance fee practices and alleges maintenance billing practices were fiduciary duty violations and breach of contract. Follow the link below.

http://www.businesswire.com/news/home/20170629005705/en/Finn-Law-Group-Files-Suit-Timeshare-Maintenance

In Spain at least, owners do have a way out, many of the contracts are illegal under Spanish timeshare law, so those owners can take their case to court. Not only do they get their money back, but more importantly their contracts are declared null & void, leaving them timeshare and maintenance free!

So, on with today’s article.

CLASS ACTION LITIGATION

Misunderstood by Timeshare Consumers

post it

By Mike Finn of the Finn Law Group

October 31, 2017

Part I – Arbitration – The Question Timeshare Buyers Never Ask

http://insidetimeshare.com/tuesday-slot-arbitration/

We all know a little bit about class action lawsuits, many of us have even received a letter or postcard advising us that we may be potential class members. Many sense that our individual recovery may not be worth the effort.

A timeshare purchase could be a horse of a different color. The beauty of a class action is that, as a class member, you wouldn’t have to actually hire the lawyer – he or she would be paid from the proceeds of the case assuming it is successful. As a lawyer with some class action experience, who has primarily represented consumer timeshare owners over a considerable period of time, I can report to you that class actions do play a role in consumer timeshare practice. That role, however, is more limited than we would like it to be.

The explanation lies with the kinds of cases that can be effective class action cases, especially if they are timeshare related. Most of our clients tell us that they were deceived during their initial timeshare presentation. They relied upon the veracity of the sales staff and only later, when they attempted to utilize their timeshare, did they learn the truth of their purchase. Of course, this realization did not come during the rescission period provided by law, which varies state to state. Instead, the hapless owner came to realize too late that the resort would not help them, and that the purchase contract they signed is legally binding, and that, in the absence of a viable resale market, there is no exit scenario built into the contract.

Essentially, they committed themselves to a lifelong obligation!

The above scenario, repeated over and over with some variation on the theme, is the “staple” fraud-in-the-inducement file we see at Finn Law Group on a daily basis. Per our own internal analysis, these matters occur with amazing frequency, mainly because of the manner that the timeshare product is marketed.

In nearly all instances, the salesperson assigned to the prospective customer is purely commission based. Top sales staff can make a very good living, but they must maintain a high closing rate to do so. This methodology puts the salesperson into a conflict, with ethical considerations competing against their own financial needs. With direct compensation incentives providing temptation, sales staff may well significantly embellish the advantages of timeshare ownership over the course of the three to five hours they often spend with their sales prospects. After this long sales process, the interested prospects are then immediately ushered into the closing aspect of the transaction, attended by different members of the sales team known internally as “closers.” These closer’s shepherd the prospect into and through the closing process. No prospects are ever given the opportunity to take the presented documentation with them for review or consultation with an attorney pre-execution. It’s all completed on the same day and that is by careful design. Given the mountain of paperwork processed at a timeshare closing and the relatively short amount of time a consumer has (or takes) to read and understand the finer points of the transaction, it is no small wonder that what one legally agrees to via their signature, compared to what they were told they were contracting for, are often diametrically different from one another.

A buyer spend hours with a sales person who is motivated to tell you, “yes,” your purchase does include that feature only to discover later that nowhere within those mounds of paperwork you signed and initialed is there any reference to the feature or features your salesperson assured you were included. To add insult to injury, one of the contractual clauses that was not pointed out to you was a clause that states that the purchasers did not rely on any oral representations when making their timeshare purchase decision.

Imagine a salesman knowing that clause exists resisting the temptation to increase his or her income!

magic box

I call that provision the “salesman’s license-to-lie” clause and I can say with pride that I was so quoted in the New York Times! So, we have now isolated one of the more frequent legal issues with the typical timeshare purchase, and we have identified the possible legal cause of action that applies, which lawyers call “fraud in the inducement.”  

From this, a remedy becomes readily apparent: The contract should be rescinded, because the purchasers didn’t buy what they were told they were purchasing by the sellers. Herein lays the rub, however. Should fraud in the inducement be raised in litigation, the developer will undoubtedly counter by claiming no such acts ever occurred, as it’s unlikely that the salesperson, if called as a witness, will admit they promised items not contained within the preprinted contract.

When combined with the salesman’s “license-to-lie” clause, this makes the plaintiff consumer’s case far more difficult to win – recall that the burden of proof rests with the party bringing the action. As the consequences of losing the case may mean the loser pays the winner’s attorney fees and costs, the wisdom of pursuing such a case for any one client becomes questionable, especially if the odds are no better than 50-50.

It’s tempting for a lawyer to look into the possibility of filing class action litigation for fraud-in-the-inducement claims for an entire class of timeshare buyers who have purchased a timeshare interest under the false impression that more attributes were being purchased than what were actually acquired. Surely, if everyone reports a similar purchase experience, the court will conclude that all of these purchasers couldn’t be wrong; and therefore, that the developer must be knowingly encouraging its staff to make false assertions to increase sales?

At this point we must pause and examine the state of the law to understand the legal conclusion that most courts have reached on this matter, with the sad fact being that, for the most part, courts have not considered fraud to be the type of case that belongs in a class action scenario.

The best explanation I can provide as to why the courts have adopted this position is that the elements of fraud – the actual deceit perpetuated with the intent to deceive – are all very individualized factors. The underlying facts of which will, by definition, vary with every individual timeshare presentation and by each individual timeshare salesperson. Therefore, each separate sales experience constitutes a new and separate set of facts to be evaluated. Courts are loathe to combine individualized sets of experiences, wherein every class member theoretically would have suffered the same level and severity of deceit and conclude that all members equally relied upon these separate individualized deceptive statements to their detriment.

In short, these fraud-based claims in the timeshare arena are not, in the foreseeable future, going to become actionable timeshare-based class actions. Of course, individual actions are still possible and we are aware of recent individual litigation that ended quite successfully for the consumers. Again, however, any owner considering individual litigation based upon a theory of fraud had better be aware that their battle will be costly and the ultimate results unpredictable.

So, is class action litigation just another pretty face with no significant place in the timeshare arena?

Decidedly not! Finn Law Group has successfully initiated multiple class action litigations against timeshare resort developers. In one concluded case, more than 11,000 former timeshare owners saw foreclosure entries on their credit reports purged, and more than two thousand others received extended vacations at no cost.

Other class cases are currently pending. View:

https://www.finnlawgroup.com/english/active-litigation

In conclusion, class action litigation isn’t going to, on its own, repair the underlying problems with timeshare ownership, but it will make a dent. More importantly, it will continue to serve notice to the timeshare development community that someone out there is paying very close attention to them, and that can’t be a bad thing.

law book

Thank you Mike, this certainly explains class actions for us, in Europe this type of litigation is not common, most cases are done on an individual basis. We have seen some class actions, most notably against Barclays Partner Finance, who provided loans for illegal timeshares. Another of note was the RCI class action, which ended up at the High Court London. This was a bit of a shambles to be honest, although the court agreed that RCI had used banked weeks for rental, the members did not lose out financially, so no compensation was awarded. Unfortunately those who took part in the “No Win, No Fee” action, may now be left with all of RCI’s legal costs. The decision from the court is still to be announced.

If you have any questions regarding this or any other article, contact Inside Timeshare, we will be pleased to help.

 

seal1

Start the Week: Is This A Joke?

At the end of last week it came to our attention from several readers, even though we did see it ourselves, the TCA published a piece about Mark Cushway (CEO Resort Properties / Silverpoint and now Signallia Marketing Distribution), is about to embark on a new course of action.

He is going to send his own clients to a claims company to sue himself!!

settlement out of court

Apparently the company he has made a deal with is Claims Solutions Group Ltd, previously Timeshare Solutions Group Ltd, of Aberfeldy in Scotland. This lot came to our attention last September, many Diamond owners were being contacted by them regarding their timeshare ownership with Diamond. At the time it was widely believed that the company was set up by ex Diamond sales staff, using their old client lists.

http://insidetimeshare.com/new-company-website-based-scotland/

This particular company was registered on 13 June 2016, the name change took place 2 February 2017.

So what is this all about, the CEO who was behind the contracts now being found illegal by the courts, is now going to help all those owners that were duped into buying the non existent “investments” to get their money back. I know that we have seen some very weird goings on in the timeshare world but this one really takes the biscuit.

Firstly, this really does look like a desperate ploy to attempt to stop the ever increasing litigation Cushways companies are going through. But how are these claims going to be made?

One cannot see any of these cases going to court, after all why would Cushway take himself to court?

We can only surmise that once the claim is lodged with Claims Solutions, the client will be unable to process a claim with any other company or to file a claim with the courts. So that leaves only two choices, either Cushway will offer a pittance of a settlement or the claim will be on a Section 75 basis, which is unlikely to cost Cushaway anything. He may even offer to end the contracts, mind you that will probably mean a swap to Keys Concierge the “new” product.

So Mr Cushway, how are you going to make money out of this, surely there is a profit motive behind it, we can’t see you suddenly being the philanthropist!

All we can say to our readers is this, you were taken in once by this person, don’t let him fool you again. If you think you have a claim against any timeshare bought from the companies headed by Mark Cushway, then seek proper legal advice and take it to court. Don’t line his pockets.

The Supreme Court rulings that have been made against them since January this year, have set the law in stone, if you need any advice or guidance regarding your ownership and would like to know where you stand legally, contact Inside Timeshare. We will tell you if you do have a valid and viable claim or not, this service is given free of charge, at least then you will know where you stand, that way you will not to fall for the slick calls and claims from the “dodgy” companies.

 

letter from america

Friday’s Letter from America

Welcome once again to Friday’s Letter from America, the article we had planned for today by Mike Finn, has been postponed until Tuesday, the reason, some very important breaking news from the US. Inside Timeshare received the press release yesterday 26 October at 5.53pm, It was then sent to Irene Parker our US branch who prepared it for publication today.

As usual we start with Europe, Inside Timeshare has again been receiving many comments from readers regarding the Mark Rowe enterprise ABC Lawyers, all have been the same.

The timeshare owner has attended a meeting at one of their offices, enticed with the prospect of ending their timeshare and claiming compensation. Sounds good, but then comes the crunch, the “salesperson” starts to pitch the Rowe product “Jive Hippo”. Does this sound familiar. Well it should, after all sellmytimeshare.tv (another Rowe company) enticed people to their meetings with the promise of selling their timeshare, but then were pitched into the “Monster Credits” product.

It also appears that the “Jive Hippo” product is required in order to “Relinquish” then “claim compensation”. Once the contracts are signed, the client is also told there is no “cooling off period” as it does not come under timeshare regulations, there is no right to cancel and the full cost must be paid.

On Thursday we published the breaking news on a Norwegian client of Canarian Legal Alliance receiving a massive payout, involving Anfi, since then there has been more news coming in.

At the High Court in Tenerife, the judge ordered that Regency Resorts returns over £13,000 plus legal interest to another client. The contract was also declared null and void.

The same court in Tenerife has also awarded a client over £53,000 plus legal interest against Silverpoint, with again the contract declared null & void.

In one of the lower courts in Tenerife, the Court of First Instance number 5, declared another Silverpoint contract null & void, as it did not conform to the law which requires specific information to be included. In this case it did not contain information regarding a specific date or apartment. The client will be receiving over £44,000 plus legal interest and the return of legal fees.

So it has been all go in the courts on Tenerife, now on with our Letter from America.

Liberté

Breaking News from America!

Finally a Timeshare Exit Strategy with Promise!

October 27

Introduction by Irene Parker

Anything to help beleaguered timeshare members who no longer want or need their timeshare, spells relief for perpetual timeshare members.

With the launch of TARS TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC new “limited term deeded” program, consumers enjoy all the “pros” of traditional timeshare, and none of the “cons”, plus even more benefits, according to TARS President and General Counsel, Martin M. Kandel. “Our program allows legacy owners to safely trade-in their existing traditional timeshare and purchase a limited 5 year term timeshare at their Resort”, Kandel said.

I spoke with TARS Chairman Dennis DiTinno. “Our program is geared toward smaller, deeded fixed week owners, but we hope the brand name resorts will take note and will consider similar exit plans that do not place undue burden on their members or the HOAs.”

Timeshare developers and Attorneys General have focused on shutting down fraudulent resale, transfer and listing scams, rather than attacking the root of the problem. A reasonable exit plan nullifies the ability for such entities to prosper. This multi-page single-spaced Department of Justice reports illustrates the depth of the problem.

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

“Not only can a five year exit plan such as our put such unscrupulous entities out of business, it will ease the burden of debt collection for HOAs,” Mr. DiTinno further explained. “When we presented our exit program at the TBMA Timeshare Board Member Association in Las Vegas last weekend, we were pleased that those in attendance listened and appeared to like what they heard,” he added.

Inside Timeshare has received complaints from 176 readers who describe sometimes catastrophic financial distress unable to be released from their timeshare contract.   

hope1

FOR IMMEDIATE RELEASE

TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC EXPANDS SERVICES FOR LEGACY RESORTS AND OWNERS

Timeshare Advisory and Resolution Services LLC (“TARS”) a company dedicated to promoting the interests and rights of long-time timeshare owners, homeowner associations, and consumers contemplating the purchase of timeshare, has announced the launch of unique programs designed to ease the transition of long time owners, out of their “perpetual” timeshare and also attract new consumers, seeking the benefits of timeshare ownership without the burden of increasing maintenance fees or the hassles of resale.

The program also intends to assist legacy resorts in planning for either continued use as a timeshare property or for an alternative use pursuant to an organized repurposing plan.  In addition, TARS announced the acquisition of a significant interest in the company by Liberté Management Group of the Pinellas Islands, Inc. TARS will be operated as a subsidiary of Liberté and will be jointly headquartered in Treasure Island, Florida.

With the launch of TARS new “limited term/unlimited fun” program, consumers enjoy all the “pros” of traditional timeshare, and none of the “cons”, according to TARS President and General Counsel, Martin M. Kandel. “Our program allows legacy owners to safely trade-in their existing traditional timeshare and purchase a limited 5-year term deeded timeshare at their resort”, Kandel said.  “Legacy owners will continue to be able to enjoy their resort and unit every year of the term, or rent or exchange it as they do in a traditional timeshare. However, they will no longer be billed any maintenance fees during the entire term, which terminates by going back to the resort with no further obligation. There are no worries about resales or fraudulent transfer and exit companies, and the HOA’s have a systematic and controllable, and scalable means to make certain all of their intervals are paying intervals”, Kandel concluded.

Dennis F. DiTinno, CEO and President of the Liberte’ Management Group of Companies, will serve as Chairman of TARS and oversee the close interaction between TARS and Liberte’. “As a manager of legacy resorts, I have been committed to working toward a robust resale market to benefit older resorts and their owners, particularly those resorts fighting to remain financially stable and relevant. TARS will help these sold-out resorts find new owners to enjoy their products and services. I am excited to join with Marty and devising innovative ways to fight for and protect the resort associations and owners upon whom the timeshare industry was originally built”, DiTinno said. “I sincerely believe that what we are doing is to provide ‘out of box solutions… in a box’”, DiTinno added.

In conjunction with select strategic partners, TARS will provide an á la carte menu of products and enhanced services designed exclusively for the legacy market segment. TARS will target self-managed resorts, management companies (in those instances where such a company has been previously retained by the HOA), and individuals for whom timeshare has become a burden.

TARS business objective will be to provide new ways to address old problems by enhancing TARS’ original consumer-centric mission (www.tarserv.com) to provide legacy resorts with a means to maintain their resorts for a decade or more in order to plan for robust continuation or an orderly repurposing of the resort and its timeshare program.  Along the way, TARS may more readily assist individual legacy timeshare owners in parting with their timeshare as a part of the overall HOA program.

DiTinno established Liberté Management and related entities in 1987 to address a burgeoning demand for professional, turnkey resort property management along the Florida Gulf Coast, Liberté Management provides a comprehensive array of personalized services for a wide variety of vacation properties. Services include rentals, sales and resale services for timeshares, resort condominiums and hotels.

Clients range from large developers and community associations to individual owners who expect an unparalleled level of quality and commitment. DiTinno served with distinction in Viet Nam as a member of the United States Marine Corps.

Kandel attended University of Baltimore School of Law and Rutgers University and is a member of the State Bar of Maryland. He is a former Maryland Assistant Attorney General and Counsel to that state’s Real Estate Commission and Commissioner of Consumer Credit, and is the primary author of the first Maryland Timeshare Act. Since 1984, Kandel has served as counsel to timeshare developers, lenders, builders, and a variety of other industry related clients, as well as individual consumers and consumer groups.  He has also operated timeshare development and sales and marketing entities in the US, Australia, and Europe, and has served on the Board of Directors of ARDA and ATHOC.

calm

It’s nice to be on the same side of the fence for once! Imagine a world with no Timeshare Wars with members pitted against developers like North Korea and America. There’s no reason we can’t all get along by releasing timeshare members who feel like they are being held hostage by their vacation plan. Charles Thomas and I would like nothing better than to publish articles about people and places doing things right. Thank you to Marty and Dennis for their olive branch, offering a bridge between greed and need.

Inside Timeshare will publish a monthly resale recycle report to examine how this revolutionary plan is working out. We hope to interview timeshare owners and HOAs taking advantage of this opportunity. I’ll call my favorite timeshare people, Port Elsewhere in the Missouri Ozarks and Maui Hill at Maui Lea to hear what they think.       

So that’s it for this week, two breaking news stories from both sides of the Great Lake, our apologies to Mike Finn for not publishing his article, I’m sure he will understand. We will however be publishing that on Tuesday.

Once again, if you need any information on any company that has contacted you or you are considering dealing with, but are not sure where to look, Inside Timeshare will point you in the right direction.

It’s Friday, the weekend is once again upon us, have a good one and we will be back on Monday.

friday dog

 

breaking news

Happy Days! Norwegian Client Receives Massive Payout.

Inside Timeshare has just received this latest news, the lawyers from Canarian Legal Alliance are celebrating today, along with their Norwegian client. No doubt with a few bottles of champagne.

champagne

Their Norwegian client’s original claim against Anfi was for 30,000€, but the lawyers asked the court for 108,000€ which included double the deposits including the balance, which was paid within 90 days and maintenance fees. This 90 day ruling was made by the Supreme Court for infringements where the client did not receive adequate information required by law.

Canarian Legal Alliance informed Inside Timeshare that they originally lost the case at the Court of First Instance, located in Maspalomas. then took the case to the High Court in Las Palmas on appeal. This court again invoked the Supreme Court rulings and found in favour of the client.

Court Masp
Court of First Instance Maspalomas

Anfi, then made moves to appeal that decision at the Supreme Court in Madrid, but this was rejected by Spain’s Highest Court. The court’s reasons for rejecting the appeal was very simple, they had already ruled on 66 previous occasions and there was no reason to accept this appeal as it fell within the scope of those previous decisions. In other words they believed it was a frivolous appeal.

The case was then returned to the High Court who also added a fine on top of the original award, making the amount a whopping 136,000€ which has already been paid into the relevant bank account and is about to be returned to this very happy Norwegian client. He is also now timeshare free as the contract was declared null and void.

So there it is, in black and white and direct from the courts, timeshare companies especially Anfi cannot deny they are losing cases or having to payout. Almost on a daily basis the courts are finding against them, if we were to publish every time a case is won, there would be no room for other news. For many timeshare owners who have cases pending or are just embarking on the road to litigation, this will be welcome news.

denial

Inside Timeshare congratulates the client and all the legal team at Canarian Legal Alliance on this result. We know they work hard for their clients as is shown in the many reports we receive and publish.

 

questions

The Tuesday Slot: Arbitration

Today we feature excerpts from  Chris Parker, a writer from City Pages and his article called The Plot to Kill Consumer Protection

Continuing on yesterdays topic of “Bogus” claims companies and “Fake” law firms, Mindtimeshare  has also highlighted another company, European Liquidations.

Again this company uses the @consultants.com email address, which as we have said previously it is just a free email provider just like gmail and yahoo.

europeanliquidationsltd@consultant.com

The telephone numbers provided are:

0203 384 3999 and Fax – 0872 751 6998

Unfortunately, Mindtimeshare has very little information and we have been unable trace any company with this name at company house. But it is important to inform readers of all companies that crop up along with telephone numbers and their email address, after all to be forewarned is to be forearmed!

As this article was being prepared Canarian Legal Alliance issued another court ruling, this was from the Court of First Instance in Maspalomas against Palm Oasis (Tasolan). In this judgement the court ordered the return of over 15,000€ plus all maintenance fees and legal interest, the contract was also declared null and void.

The court ruled that the contract infringed Law 42/98 in that it was for a period exceeding 50 years, Contract to be valid must be for a period of between 3 and 50 years, this should also be specified in the contract and explained to the client before the contract is signed. It is clear the Supreme Court rulings are having a severe impact on all contracts that do not follow the stipulated laws.

Now on with today’s article.

Part I – Questions a Timeshare Buyer Never Asks

Does this timeshare contract contain an arbitration clause?

arbitration

By Irene Parker

Part II – Class Action Lawsuits – Misunderstood by Timeshare Members

Friday’s Letter from America

Tuesday October 24

Excerpts from “The Plot to Kill Consumer Protection”

By Chris Parker

“Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—when not outright rigging the system—and details of misconduct are kept private,” writes Chris Parker, a reporter for City Pages

http://www.citypages.com/news/the-plot-to-kill-consumer-protection/451334393

“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….” “Though arbitration may sound preferable to the expense and anguish of court, it hands a major advantage to companies. The costs savings aren’t much: Arbitrators usually charge $300-$400 per hour minimum, and some bill into the thousands of dollars. But arbitration clauses typically bar the consumer from joining class-action suits. The strategy has emboldened fraud on a massive scale.” “In July, the Consumer Financial Protection Bureau ruled that arbitration clauses can’t bar consumers from joining class-action suits. The GOP Congress intends to repeal the rule.”

Sen. Lindsey Graham (R-South Carolina) told the Wall Street Journal that such clauses are “a windfall for the companies, in terms of how you settle their cheating.”

“Even when someone does challenge them, arbitration rulings are usually private, with no appeals and little documentation. Like a tree falling in a vast forest, Wells Fargo’s customers didn’t hear the millions of other victims, and the press remained none the wiser.”

“With consumer protection increasingly whittled away by keen lobbyists and cunning corporate lawyers, the idea was to build an agency whose sole mission was protecting consumers.”

cfpb1

“During its brief life, the bureau has established itself as the only Washington agency more responsive to consumers than to lobbyists. Since 2011, it’s handled 1.2 million complaints, returning over $12 billion to consumers.”

The CFPB and Timeshares

By Irene Parker

The Consumer Finance Protection Bureau has also been the first line of defense for timeshare buyers alleging they were sold or up-sold by deceit and bait and switch. Given the staggering number of reports of deceit and bait and switch on the front end of the timeshare sale, if the CFPB is regulated out of existence, widely predicted, many timeshare members feel the only court that will be left available to them is the court of public opinion, warning unsuspecting consumers as to the minefield of ways the evolution of right to use timeshare points has opened the doors for unscrupulous timeshare sales.

Our standard disclosure is that not all timeshare sales agents are deceptive and not all timeshare companies are predatory.

http://insidetimeshare.com/lesson-timeshare-companies/

I asked ever assessable timeshare attorney Mike Finn of the Finn Law Group which timeshare developers have an arbitration clause. Diamond Resorts is the only major developer that I’m aware of that has the arbitration clause,” explains Mike. I spoke with other attorneys who say the same.

Banks and other lenders can pick arbitrators. As Minnesota Attorney General Lori Swanson expressed –

shark

“We heard from arbitrators that were blackballed and essentially told, ‘You’re not going to be an arbitrator anymore because you’re ruling for the consumer,’” she says. “That’s one of the problems with arbitration. The court system is paid by the taxpayers. Judges are neutral and their funding comes from the public.” City Pages “The Plot to Kill Consumer Protection”

A common comment on complaint sites and from 170 Inside Timeshare readers reaching out to us for assistance is, “Let’s get a class action going!?” Timeshare members typically confuse the term and substance of a class action. We’re all used to class action ads on television say, for example, a medical device failure. The difference with timeshare is that damages are not uniform, which is necessary for a class action. Some lawyers may call a lawsuit a class action on behalf of only one or two plaintiff class representatives but they are more like individual lawsuits. Real Class Actions involve hundreds or thousands of plaintiffs. More later,

Part II – Class Action Lawsuits – Misunderstood by Timeshare Members

By Mike Finn of the Finn Law Group this Friday’s Letter from America

Why will timeshare developers not acknowledge the flawed business model?

Out of 170 complaints received, 155 of our readers allege they were sold a timeshare by deceit and bait and switch. The contract is perpetual, accompanied by rising maintenance fees. With some of the more gestapo orientated companies, the member cannot sell or give back their timeshare. The problem is magnified when the buyers succumbed to high interest rate loans and higher interest rate credit cards.

We believe Social Media and media outreach is the tortoise chasing the hare. Timeshare default rates are rising and original buyers (like me) are not getting any younger. Inside Timeshare continues to be there for members and advocacy Facebook pages and websites are on the rise – helping members through the 3Rs or F of Timeshare – resolution, when possibly the member just did not understand how to use the program, refund, relinquishment or foreclosure. In America, there is no debtors’ prison, except in the case of refusing to pay child support.

We ask timeshare developers – What would happen to the primary residential home market if home buyers could not sell their property?

think about

Self-help Facebooks

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

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

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

Thank you Irene and Chris, also a big thank you to Tammy for proof reading and editing these articles.

As always if you have any comments or would like to share your experiences, Inside Timeshare welcomes them, contact us through our contact page.

If you need help or advice on any timeshare matter do get in touch and we will point you in the right direction. Remember before engaging with any company do your due diligence and your homework, it will save you a lot of bother in the end.

diligence

scam alert phone

Monday Starts with New Warnings!!

Welcome to the Monday post, once again over the weekend Inside Timeshare has received many more emails enquiring about companies offering timeshare services. Most of these have been regarding claims, or compensation that is waiting for them at court.

As usual the same old names crop up, but there have been a couple of new ones, Regal Finance Company being one of them. As we had not heard of these before, a quick check on the internet and lo and behold Mindtimeshare has placed a post about them (10 Oct).

It is the same old story, owners are called by this company, from the Security and Fraud Prevention Department, they are told that a case has been through the courts against companies that have “ripped” him off in the past. Guess what? The money has been awarded to him and is waiting at the court.

Unfortunately there are fees to be paid around 10% of the awarded amount before this money can be released.

true false

There is a company registered at Company House called Regal Finance Company Limited, according to the records this company has been registered since 1955. The address given on company records is:

Fourth Floor, Park Gate, 161-163 Preston Road, Brighton, East Sussex, England, BN1 6AF

It is highly likely that this registered company is unaware that a fake company is using their name, so when you do a search of company house, you will believe that you are talking to a legitimate firm.

Also the searches of the named directors and secretaries, have not shown any link to any previous timeshare related company.

The telephone number given by the caller is:

01273358408

This number has already had several mentions on the various who is calling websites, all saying the same thing, “This number is ringing asking to send money for release of payment for timeshare refunds”.

The email address is:

RegalFinance@consultant.com

Which is a common scam email address, which has been commonly used in the past Nigerian scams, just like gmail and yahoo it is a free service. So one point to consider is if the company does not have a website with an email linked to the domain name, or is using consultant.com or any other email, then you should be very cautious.

Here We Go Again!!!!!!!!

abogados-ag-250

Another one of our regular readers have informed us that it looks like the family of “fake” lawyers Litigious Abogados have another new name  Abogados AG and website:

http://abogados-ag.com

This website was registered on 28 August 2017, so is only just 2 months old. Again registration details are through GoDaddy and hidden by a privacy registration. It is also exactly the same as all those that have come before, stating the firm was established in 1990, that they have had over 15 years presence on the internet.

The head of this “Fake” law firm is one Armando González Areca, along with a few new “lawyers” names:

Manolo Lantanoz Juantim

Simone Deltaba Yenarsol

Juan Pelardom Erminilso

The Boss

Armando-González-Areca-243x300
Armando González Areca aka Amador Malodan Galeca
Manolo-Lantanoz-Juantim
Manolo Lantanoz Juantim aka Simono Maenga Arlovas

 

Simone-Deltaba-Yenarsol
Simone Deltaba Yenarsol aka Manuel Pralge Namblib
Juan-Pelardom-Erminilso
Juan Pelardom Erminilso aka Balthathar Hirmod Nisbelam

 

 

 

 

 

 

 

 

Along with the same photographs of them from the previous website Amador Galeca Abogados.

The address they show on the website is:

4 Calle de S. Francisco, Santa Cruz De Tenerife, Canary Islands

When this address is checked, it does exist, with two plaques on the doorway for Abogados, but the names do not look like the one here. So once again, do the genuine Abogados at this address know that it is being used by a “fake” law firm.

The telephone number given are a UK Freephone number:

0800 802 1487

A Spanish Number they say is Madrid:

910 601 672

But when we checked the prefix 910, it did not show as Madrid, but did show up as one which will cost you a small fortune to call.

So now all we wait for is news on what name the “Procurador” is going to take and which bank account they will be using.

Once again these two posts clearly show how careful you need to be, do not take what you are told at face value, check and double check, if you are unsure as to their validity, don’t do anything. Especially send them any money.

If you need help in checking any company that has contacted you or you may be thinking of doing business with, contact Inside Timeshare and we will point you in the right direction, after all that’s what we do day in day out.

check

letter from america

Friday’s Letter from America

It’s time for another Friday’s Letter from America, with the recent hurricanes in the Caribbean and Florida, many owners and members have been asking how the damage affects them. Mike Finn of Finn Law Group explains this, with an introduction by Inside Timeshares very own Irene Parker.

Michael-D-Finn2
Michael D Finn

But as usual we start with some news from Europe, it has been a little quiet on the court front this week, with only three announcements made public.

All three involve the Tenerife based company Silverpoint, the first was at the High Court where the judge declared a contract null & void. He also ordered the return of over £40,000 plus legal interest. As usual the contract was over 50 years, deposits paid within the cooling off period and the contract did not contain the correct information required by law.

The second case against Silverpoint was from the Supreme Court in Madrid, once again this court upheld its previous judgements. The client in this case receives over 104,000€ plus legal fees and legal interest. They are also timeshare free.

The third case was another Supreme Court judgement against Silverpoint, this officially confirms the number of rulings by this court at 66. Again the contract was declared null and void, with the client awarded over £89,000 plus legal fees and legal interest.

Many readers this week have been contacting Inside Timeshare about ABC Lawyers, Timeshare Lawyers, Timeshare Compensation and off course the “new” Mark Rowe product Jive Hippo. (Not a name that conjures up confidence). Not to forget he also owns the TCA (Timeshare Consumer Association) and TimeshareTalk.

The comments from these readers have not been what you might call promising. Remember these companies are all owned by one person, who himself is an ex timeshare sales manager (Silverpoint / Resort Properties), turned gamekeeper. As with any company you may contemplate any business with, it pays to check, check and check again before you commit.

Amador Galeca Abogados, have been at it again, this time Andrew Cooper was named as the director of Personal Travel Group. Again he is pleading guilty. Now remember, Personal Travel Group was the successor to Incentive Leisure Group, owned by the late Gary Lee, of Timelinx and Designer Way Vacation Club fame. His partner Kim Bambrough also ran the call center at the old ILG office in Fuengirola, so Andrew Cooper had nothing to do with it all.

On the subject of this “FAKE” law firm, last week we reported that one reader managed to get their money back which they paid via bank transfer. It turns out that their banks fraud department managed to get this back from Deutsche Bank, where it was paid into the account of the “Procurador” Graham Ingum Gorrin.

We have also been informed that Sutton Hall have placed the information supplied to our reader on their members website, at least now the word is getting out.

So on with this week’s article.

How do Natural Disasters Affect my Timeshare?

natural disaster

What if a Timeshare Resort Suffers Damage?

By Mike Finn of the Finn Law Group

https://www.finnlawgroup.com/learning-center/what-if-timeshare-resort-suffers-damage

October 20, 2017

Introduction by Irene Parker

Given the severity of recent hurricanes, fires and earthquakes, Timeshare Advocacy Group™ has been receiving questions from concerned timeshare owners and members.

Of note are the relevant differences that come into play for right to use point programs compared to fixed week timeshares. Fixed week timeshares are defined as real estate, so the fixed week owner has the same problem as the owner of a primary residence. If a primary residence is demolished you may not be able to occupy the premise. Alternative lodging must be arranged and rarely does insurance make the owner whole again.

Do right to use point programs offer more protection?

In some ways, I think yes. The advantage of a fixed week timeshare is that you know what you own. You can see, feel and touch the week purchased. In a disaster however, that same benefit can work against the owner.

I contacted a team member at one resort. The company has property on St. Martin. The company’s right to use point owners are being refunded points for forfeited stays, but the company’s fixed week owners must book in other locations through an exchange service, and are unable to book St. Martin until 2020. Still, fixed week owners are fortunate to have this option because the owner on the other side of the exchange would not be able to stay at the owner’s demolished resort. Overall, industry insiders I contacted feel point members may have a layer of protection over fixed week owners when a disaster affects a single resort.

Does this mean right to use programs are better or safer overall?

Finn

Depending on vacation goals and lifestyles, right to use points may be the right choice. The Federal Trade Commission offers good advice. Of the points presented, the most important pieces of advice are:

  • Research the track record of the seller, developer, and management company before you buy. You also can search online for complaints,
  • Is everything the salesperson promised written into the contract? If not, walk away from the sale. (A standard resort rebuttal is, “You should have asked for anything of importance to you to be added to the contract.),
  • Don’t act on impulse or under pressure. (This is easier said than done, but better to forfeit a few perks than be saddled with a vacation plan you don’t want, can’t use or afford, with no exit and rising maintenance fees.)

This next FTC point is the least helpful as, according to complaints received by Inside Timeshare, sales agents often offer to be your vacation advisor or counselor until death you part, but many members tell us the person they were told to contact never returned phone calls, emails or text messages.

  • Get the name and phone number of someone at the company who can answer your questions — before, during, and after the sales presentation, and after your purchase.

https://www.consumer.ftc.gov/articles/0073-timeshares-and-vacation-plans

Mike Finn of the Finn Law Group answers the question,

Finn-Law--Main-Logo

What if a Timeshare Resort Suffers Damage?

Many, many timeshare resorts are located in areas where terrible storms and other “acts of God” happen with some frequency, such as Florida or the Caribbean – both of which have suffered extensively this hurricane season.

As business owners and locals rebuild and recover in the face of a cataclysmic storm or other disastrous event, timeshare owners looking on from spots across the country have their own unique worry: Namely, how they will be affected if their “home” timeshare resort suffers major damage.

There is a lot to unpack here! In our experience, though, timeshare consumers who are worried about their resort are predominantly concerned with two things –

  • How their ability to make reservations will be affected, and
  • Whether they can expect to pay more in assessments and fees.

To the first point, it is quite likely that your ability to use a timeshare resort may be affected by damage. Facing a loss of property or a labor shortage (as employees stay home for their own safety), many resorts may well be forced to close or suspend service temporarily, affecting the plans of those who already had reservations or who were planning on making them.

The second major issue that concerns many consumers: Whether or not they’ll feel the effects of a storm or other natural disaster in their pocketbook. Assessments and fees for repair costs will vary from resort to resort, based on the unique circumstances at play.

Certainly, though, timeshare consumers would be wise to remember the words of the Orlando Sentinel’s Caitlin Dineen, who notes:

“In some cases, owners could be asked to pay fees to offset repair costs if some damages don’t meet insurance thresholds or there are large deductibles that need to be met first.”

Let’s expand upon that. Should a resort be damaged, the bulk of the costs of repairs should be covered by insurance; Property Owners Associations (POAs) also have reserve funds designated for special situations (both of these are paid for, at least in part, by owners’ annual maintenance fees).

With that said, it’s important to remember that insurance rarely covers everything, and that the POA reserve is often insufficient to take care of the difference. As a result, timeshare owners will often end up paying something more out of pocket in the event of resort damage, be it for debris removal, landscaping services, or other costs that arise in the wake of a weather event.

Resorts and owners will be affected on a case-by-case basis. Following the massive fires earlier this year in Tennessee, for instance, many interval owners were relieved to hear that they likely wouldn’t be on the hook for fees after several resorts in the area suffered damage. Other owners will tell you a different story, such as those who “found themselves on the hook for nearly $5,800 in special assessment maintenance fees” after their Hawaiian resort suffered “water intrusion.”

Note from Irene: Mr. Finn is referring to Diamond Resort’s The Point at Poipu Resort and the resulting class action lawsuit filed by owners.

http://www.poipuowners.org/News.html

An important thing to remember

Recuerde

 It’s important to consider that information on matters such as these will be included in the documents you receive at the time of closing. While it may be difficult to parse through the language, taking the time to research your contract and POS documents can only benefit you in the long run.

Have any more questions or concerns? Don’t hesitate to get in touch!

Led by Attorney Michael D. Finn with 45 years of experience, the Finn Law Group is a consumer protection firm specializing in timeshare law. Our lawyers understand vacation ownership as well as the many pitfalls of the secondary market of timeshare resales. If you feel you have been victimized by a timeshare company, contact our offices for a free consultation. Know your rights as a consumer and don’t hesitate to drop us a line with any questions or concerns.

Thank you to Mike Finn for this very interesting article, also a big welcome to Tammy Arkley, who is a book editor and court reporting editor, who will be helping Irene with edits of the US articles.

That is it for this week, remember one thing, always check any company that contacts you or you may be thinking of doing business with, spending time to do your homework with save you thousands in the long term. If you need any help in doing this “homework” contact Inside Timeshare and we will point you in the right direction.

weekend

Tide-Is-Turning-300x251

The Tuesday Slot with Irene, Plus some news about Butlins.

In this Tuesday’s article by Irene Parker, she explains how timeshare members fight back, this is a rather timely piece as we have recently received some disturbing news. It would appear that not is all well at Butlins.

In previous articles we praised Butlins Blueskies timeshare as one that was sold correctly and seemed to have very few complaints from members. That had now changed, Butlins is ending Blueskies.

blueskies

According to some of the posts on the Blueskies, Butlins, members facebook page, members are not happy about losing their timeshares. They were told that if they did not accept the offer to terminate the club, then their maintenance fees would rise significantly.

According to some of the posts on the facebook page, Butlins have also been hiring out apartments to non members, which goes against what they were sold. One member posted the following:

“Blueskies was sold to most of us as an exclusive club, it was not to be hired out. Therefore Butlins Blueskies broke the contract with us as members when they started hiring apartments out without asking/informing us the members.”

It also looks like there are many complaints about the standards of the apartments and the service, that everything seems to have gone down hill. Repairs not being carried out, with comments on damaged floor tiles and windows.

But the vast majority of the comments surrounded the vote, which gone in Butlins favour and the club is to be wound up. It also appears that the vote was done on points, rather than just votes, the more points, the more votes. Which makes the vote in Butlins favour not surprising, as they will own the points not sold. We have seen this before at other timeshare resorts, where the vote has gone in favour of the developer or management company.

Many members are calling to band together and take legal action, as they feel they have been cheated. It is a sad day when a company like Butlins, which did have a relatively good reputation in the timeshare industry suddenly falls from grace. We wish the members all the best in their fight to right a wrong.

Follow the link to the Blueskies Facebook page:

https://www.facebook.com/search/top/?q=Blueskies%2C%20Butlins%2C%20members

Now on with Irene’s article.

Lions and Cats

How Timeshare Members Fight Back

Lion

By Irene Parker

October 17, 2017

A timeshare insider recently asked me, “Why is Timeshare Advocacy Group™ so successful?”  “How do you do it?”

Most timeshare members contacting Inside Timeshare and timeshare advocacy Facebook pages are confused, angry, and overwhelmed. Members face a battle pleading with a timeshare company, demanding a refund or loan be cancelled, knowing they may be forced into foreclosure if they are denied. If the member feels they were sold or up-sold by deceit, the conflict is magnified. The automatic denial from the resort leads to more anger and frustration as rebuttals ensue. We take pride in the number of members we have steered away from fraudulent transfer companies charging hefty amounts for so called guaranteed exits.

The predator turned prey

Something clicks inside a person when they have had enough, be it a victim of domestic abuse, child abuse, or predatory timeshare sales. Our goal is to turn the sound of the caller’s scared and desperate voice into a confident voice by providing the member with the resources needed to take action and advocate.

Three of Timeshare Advocacy Group’s leaders

3 trees

Irene “Irina” Allen is our Timeshare Advocacy Group™ administrator

http://insidetimeshare.com/monday-start-another-week/

We 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/

Eron Grant is an educator who has volunteered to be our “go to” person analyzing ARDA’s Code of Ethics. After a member submits a report to us, Eron identifies how a timeshare developer has violated ARDA’s Code of Ethics. The report is forwarded to ARDA’s General Counsel and Lobbyist. So far there has been no response. We feel if an organization says they have a Code of Ethics, the Code should be enforced. Here is how Eron describes how ARDA’s Code of Ethics was violated in the case of her family. ARDA stands for American Resort Development Association. The code can be found in Eron’s article.

http://insidetimeshare.com/fridays-letter-america-14/

Advocacy groups have been encouraging timeshare members not to make a voluntary donation to ARDA ROC, feeling the $4 to $5 million a year raised is used to lobby against timeshare owners when an issue is at odds with developer interest. It’s doubtful most owners know what the letters ARDA ROC stand for.

“Owners donated $5.5 million this year, through voluntary contributions on their maintenance fees, to support ARDA-ROC, the independent Resort Owners’ Coalition that teams up with ARDA on consumer and legal issues that impact owners. The top two givers were owners at Diamond Resorts and Bluegreen Vacations, each of whom contributed $1 million for ARDA’s representation.” RedWeek April, 2017

According to Dr. Amy Gregory, University of Central Florida, who presented at an ARDA World Conference,

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

ARDA worked to pass legislation in Florida making it more difficult for timeshare members to be released from contracts due to non material errors. A high percentage of buyer’s remorse, coupled with a perpetual contract, little or no exit, and rising maintenance fees have left frustrated timeshare members no place to turn in an industry that is virtually unregulated. Lawmakers, influenced by lobby dollars, turn a deaf ear. Advocacy groups were outraged by the Florida bill.

https://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Karen Garello

Karen Garello is our Secret Shopper coordinator. Karen is one of several members who allege they did not know, until they returned home, a credit card had been used to purchase a timeshare product. Marsha Young also was unaware she had been charged for the same timeshare product, but Marsha received her money back, told the person who sold it to her had been fired. The resort said he had been the top selling agent of this particular product.

http://insidetimeshare.com/works-industries-not-timeshare/

Inside Timeshare and Timeshare Advocacy Group™ developed a step-by-step plan a member can follow if a resort offers no assistance. Through regulatory filings and media outreach members are helping other members while also contributing to timeshare reform. Other advocates, working behind the scenes, focus on legislative actions. Time, patience and diligence are necessary.

Many of the members reaching out to us have health issues. Out of 166 complaints received, diagnoses include cancer, dementia, concussion, kidney disease, Bell’s palsy, financial loss caused by loss of employment or divorce, and grief over the loss of a spouse or loved one. Developer attorneys say hardship is not a legal defense.

Many life events cannot be foreseen, so consumers thinking about buying a timeshare need to think about whether it is prudent to buy anything for $25,000 to over $500,000 that does not have a secondary market, is perpetual, and is accompanied by rising maintenance fees. Some timeshares have a limited secondary market. Members of the Licensed Timeshare Resale Broker Association can give you an idea of what your timeshare may be worth on the secondary market.

http://www.licensedtimeshareresalebrokers.org/

Inside Timeshare has received many complaints (157 out of 166) by timeshare members alleging they were deceived on the front end of the timeshare sale. We are learning there are many ways to dodge the rescission period.

Timeshare member Tammy Arkley only realized this happened to her because she was able to access the booking site because her friend was already a member at a higher loyalty level. Tammy said she was told she would need fewer points to book stays if she upgraded to the next loyalty level, but when she went back to her room and logged onto her friend’s account, already at that loyalty level, she saw the reservation took the same exact number of points. She received her money back, but what did this experience do to change the image she had of this company?

In other words, there are some promises and claims that cannot be discovered until the buyer has access to the booking site, long after the cancellation period.

Similarly, others have been told they would need to wait six months before selling points after upgrading to the next loyalty level. By placing a six month wait on the false claim, the complaint is old when reported. Too many of our readers are highly educated professionals and were not alone when they attended the presentation. There are so many almost identical complaints – we can sometimes guess the name of the sales agent.

Timeshare members have had enough. Social Media now allows timeshare members to contact other members to find out they are not alone. Members include professionals offering their skills to help other members. We are hoping one day, if the timeshare companies themselves will not acknowledge the problems, lawmakers will pay attention.

My husband Don, and first read editor, asked me as I was writing this article, “Why does Disney have so few complaints?” Disney, I said, is a company backed by generations of little critters enmeshed in a corporate culture and brand that will not allow deceit but does allow a secondary market. It does not seem to have hurt their bottom line. Zacks estimates a year over year growth estimate of 11.27% forecasted for 9/20/2018 with an impressive 1.66% allowance for doubtful receivables 10/1/2016.

https://www.zacks.com/stock/quote/DIS/detailed-estimates

Walt Disney Co.’s allowance as a percentage of current receivables, gross declined from 2014 to 2015 and from 2015 to 2016.

 https://www.stock-analysis-on.net/NYSE/Company/Walt-Disney-Co/Financial-Reporting-Quality

Bad-Debts

Contact Inside Timeshare to share your news and views or one of the available self-help groups. Our success is not measured in dollars. While many have received resolution or refunds, relinquishments, or loan cancellations, others brace for foreclosure. It’s about the “3Rs or F of Timeshare” – getting a bad decision in the rear view mirror supported by other members who care and bring their expertise from all walks of life into our Timeshare Advocacy Group™.

create

 

 

 

 

 

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

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

We now share some more news from the courts in Spain, the High Court in Tenerife yesterday announced another crippling verdict against Silverpoint. The judge has declared another client’s contract null and void, ordering the return of over £40,000 plus legal interests. Once again the courts are finding in favour of clients as per the rulings of the Supreme Court.

So no matter what the industry claims, they are losing the battle, consumers are protected by the law, at least as far as timeshares sold in Spain are concerned. It now needs the rest of Europe to follow suit, giving the protection that the EU Timeshare Directives promised. The industry must acknowledge the fact that they have for too long run roughshod over consumers in their quest for easy money.

 

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, it is not the article we originally planned as other events have taken over.

Firstly since Irene sent this article we have received some very sad news, Irene’s brother has sadly passed away. Inside Timeshare, along with all our readers and contributors, the staff at Canarian Legal Alliance send our deepest sympathies and condolences to Irene and all her family. Our thoughts are with you.

condolences

As we said last month, the time has come when all the new companies and some of the older ones will start to contact timeshare owners. This is usually the time it starts as the annual maintenance bills are starting to come through the post.

Inside Timeshare has been receiving many requests for information on these, most are for so called claims. It is surprising how many owners are being told that they have a claim for miss-selling, even though they purchased in places like Mexico.

Appointments at various offices around the UK are being arranged, but beware, these “claims” will result in either the purchase of another product, the offer of relinquishment and then a claim on a no win no fee basis. This will cost thousands of pounds, the claim will more than likely be under Section 75 of the Credit Consumer Act 1974. If the purchase was more than 6 years ago you cannot claim. If you have used your timeshare there is no claim, even if you have never used it you will not have a claim as it was available.

Section 75 only cover the following:

  1. You have not received the goods or services paid for
  2. The company goes into liquidation
  3. The goods are faulty
  4. The company turns out to be fraudulent

section 75At present the only successful claims have been through the Spanish Courts, where the timeshare laws are very strong. So unless you purchased in Spain since 1999, you will not have any basis for a claim and this will have to go through court.

So beware of these companies that say you have a valid claim, check and double check the facts.

On the subject of court cases, the following were announced during the course of this week.

The Court of First Instance Number 4 in Tenerife has found against EZE Group, at present we do not know what the infractions were, no doubt those will be released soon. But the court has declared the client’s contract null and void with the return of over £52,000 plus legal interest.

In another case on Gran Canaria, the High Court has found against Puerto Calma Marketing SL and Vista Amadores SL, which are all part of Holiday Club. In this case the Norwegian clients will receive over 57,000€ plus legal interest, they also have had their contract declared null and void. (The full sentences can be read in the attached PDF)

HC N2 PUERTO CALMA, sentence

These two case were brought on behalf of the clients by non other than the lawyers of Canarian Legal Alliance.

So now on with our shorter article from Irene.

Rather than rush through an article for our regular Friday Letter from America, I would like to reach out to all Inside Timeshare readers who have reached out to us burdened with timeshare loans, credit cards and maintenance fees as a result of medical and financial hardship.

Charles Thomas was not able to complete his trip to Orlando due to problems with Spain’s electronic VISA service. Little did I think the room we had booked for Charles at Diamond Resort’s Mystic Dunes would become part of a Hospice end of life plan for an immediate family member.

Life tends to throw us a few curve balls. My brother entered Hospice near his 86th birthday this month near Orlando. We were able to provide my other brother and his wife Charles’ room as my brother and I kept nightshift watch over our older brother at Good Shepherd Hospice.

The experience led me to think about all the timeshare members who have contacted me under similar circumstances burdened by cancer, a diagnosis of dementia, Bell’s palsy, concussion, loss of a spouse or loss of job or divorce leading to financial hardship. I thought about how much more difficult this family crisis would be if I had a timeshare debt collector calling on top of all this. The majority of readers allege they were deceived into buying points or more points told this would alleviate timeshare expense because of maintenance fee relief programs or selling points programs that do not exist. It is my deepest desire timeshare companies will look upon the financial devastation the lack of a secondary market and the actions of unscrupulous sales agents can cause.

The industry reaction is often to behead the messengers. All of our readers who have followed us and submitted articles as a Contributor are messengers. There has been a glimmer of regulatory action and Social Media no longer keeps victims isolated and silenced. In an earlier article, I reviewed Jay Baer’s book Hug Your Haters describing how Social Media is changing the face of Customer Service. Mr. Baer is scheduled to be keynote speaker at the upcoming Interval International Shared Ownership Conference attended by developers and private equity firms. It’s not your grandma’s timeshare anymore. Timeshare is big business and, in my opinion, for some companies it is motivated by greed. Deceit is also so ingrained it is accepted and encouraged top down. No one disputes there are honest sales agents who sell the product without misrepresentations, but with rising default rates, there is another reason for developers to listen to Mr. Baer because as he warns, “Haters are not your problem….Ignoring them is.”

jay baer
Jay Baer

As always, thank you Charles Thomas for being our voice for members who have been voiceless for too long.

http://insidetimeshare.com/hug-haters-part-ii-customer-service-message/

Thank you Irene, our appreciation for sending this article through under the circumstances, we all wish you and your family well.

Now to end this week, remember to check any company that you are dealing with, if you are not sure how to do this contact Inside Timeshare and we will point you in the right direction.

Have a good weekend.

weekend cat

flags

The Tuesday Slot

Since we published last week’s Friday’s Letter from America, Inside Timeshare has received some very good news from one of our readers. It was concerning the “FAKE” law firm Amador Galeca Abogados, this reader had paid them by bank transfer to start “legal” proceedings against Royal Sunset Beach and Andrew Cooper. When she became suspicious, she found our articles on this group, which are part of the Litigious Abogados family of “FAKE” law firms.

We advised her to contact her bank and see if they could stop the transfer, this she did. Thankfully her bank has managed to do this and the money is now safely back in her account.

amador-galeca-300x191

She then received another call from this “law firm” asking why she had stopped the transfer and why she was not going to continue with the “case”. She told them in no uncertain terms that they were a “scam”, to which they replied, have you been reading the Inside Timeshare Blog? They are the ones perpetrating the scam!

Well, it is certainly a great scam, considering Inside Timeshare never receives or asks for any payment for any help or advice we give. To be a scam there must surely be some financial motive.

The only ones perpetrating a scam here are Amador Galeca Abogados along with all the other fake law firms this lot have produced. If Inside Timeshare is wrong in what we publish we ask this very simple question, YOU ARE SAYING YOU ARE A LAW FIRM, SO WHY HAS INSIDE TIMESHARE OR OUR LAWYERS NOT HAD ANY NOTIFICATION OF YOU TAKING ANY LEGAL ACTION FOR PUBLISHING FALSEHOODS?

The simple answer is, YOU ARE THE FAKES, YOU ARE THE ONES WHO ARE DEFRAUDING VULNERABLE ELDERLY TIMESHARE OWNERS. THE AUTHORITIES ARE ONTO YOU AND WE WILL KEEP ON PUBLISHING ABOUT YOU AND EVERY NEW WEBSITE, FAKE LAWYERS NAMES THAT YOU COME UP WITH. THAT IS OUR PROMISE TO ALL OUR READERS!

Now on with this Tuesday’ article from Irene Parker.

Timeshare Lending Decisions

As Compared to Prenuptial Agreements

AB

By Irene Parker

October 10, 2017

Mesmerized by the thought of endless vacations, while on vacation brain, staring at a finger pointed to a low monthly payment, the last thing on the mind of a timeshare buyer is “What type of lending, if any, should I select in the event my decision to spend thousands of dollars for a vacation plan does not work out?”  

The decision made about how to finance a timeshare purchase has a dramatic impact on what happens if a buyer learns later they made a mistake.

Hopefully, you didn’t make a mistake. There are timeshare companies that work hard to keep up industry standards and provide a viable, if limited, secondary market.

Last week we published an article about timeshare Foreclosure. Out of 160 US timeshare complaints Inside Timeshare has received, the majority are about high interest rate loans and even higher interest rate credit cards. The toxic and compounding effect of this combination can spell financial disaster. It can mean the down payment is financed at around 25% and the loan 12% to 19%. Many tell us they were told any bank would refinance a timeshare at a lower interest rate only to learn banks do not finance timeshares. Comments include, “Banks would be crazy not to finance your timeshare. It is worth $500,000!” when it was worth nothing on the secondary market”. One complaint even stated specifics – the name of the bank, the term and an interest rate of 6%.  

At the last timeshare presentation I attended, the sales agent told us, “When you get home, take out a home equity loan. No one would finance at our interest rates.” However, transferring to a lower interest loan like a home equity loan may not be the right decision either.

Inside Timeshare published its first Nightmare on Timeshare Street article one year ago. The family was struggling to pay maintenance fees. As so many of our readers have reported, a common solution, as suggested by unscrupulous sales agents,  is to sell the existing member more points as this will afford them maintenance fee relief or the ability to sell points. Unfortunately, the programs were non-existent. Fortunately this family walked away from this deal. Unfortunately, they had taken the financing advice and took out a home equity loan transferring the loan to a third party lender. When the kids said they wanted nothing to do with timeshare, and the maintenance fees escalated, they were forced to deed back $60,000 worth of vacation points and were left with a $33,000 home equity loan and a high school graduate starting college.

Should timeshare buyers ever consider third party lending?

Savage

Timeshare Attorney Mike Finn of the Finn Law Group says NO!

Mike posted this comment after reading “Foreclosure, Is it Survivable?”

http://insidetimeshare.com/timeshare-foreclosure/#comment-10000

Another tremendous and informative article! I think the one major, major admonition I have for anyone, client or not, who has purchased a timeshare with developer financing and may want to reconsider the merits of the purchase (and, of course, assuming the rescission period has passed), do not, I repeat, do not under any circumstances, attempt to re-finance the purchase via a home equity line or a transfer to a lower interest credit card, or, for that matter any other methodology that has as its objective, re-paying the developer with other third party money.

For that matter don’t even think about using your own funds either! Assuming you soon may conclude that you do not want to continue with your timeshare obligation for whatever reason, legally based or economically driven or a combination of both, you will come out much better in the long run (no matter the developer’s interest rate) if you are left dealing with the developer as your creditor, as opposed to any other third party you opt to transfer that debt to! If you have any sort of legal argument that the resort debt was accompanied by any sort of misrepresentation or fraud in its inducement at time of contract of purchase, you will lose the benefit of that position with any other third party creditor save the resort!

Respectfully,

Mike Finn

This leads me to the comparison I made in today’s title, comparing a timeshare lending decision to a prenuptial agreement. Being in love is a little like being on vacation. A marriage often starts with a vacation. With love all around, the idea of signing an agreement that casts doubt on the “till death do us part” seems distasteful.

From what Mike Finn says, if you must buy a timeshare, begin with a negative end in mind. Buy it on the developer’s high interest rate nickel because in-house loans are easier to cancel. For my part, if this is the appropriate strategy, then a timeshare should never be purchased. Would I buy our timeshares again knowing what I know today? Yes, I would buy Port Elsewhere in the Ozarks and Maui Hill fixed-week timeshares again. Ambiguous right-to-use programs I think not.

Can we stop unethical timeshare business practices?

I doubt it. In Florida alone, $70 billion a year flows into the state in tourist dollars. Lawmakers, some influenced by lobbyists, have turned a deaf ear. Regulation is by design at the state level, disguising and diminishing the scope of the problem.  For some industry players, the culture of deceit on the front end of the timeshare sale is so ingrained it is the established norm. Until the problems associated with perpetual contracts with no secondary market and deceitful and overly aggressive sales tactics are acknowledged and addressed, buyers should consider carefully the choice between buying a timeshare and booking online. To my knowledge not one timeshare company has ever admitted wrongdoing.

The following self-help Facebook pages offer members a safe place to express concerns and share experiences. Petitioning a timeshare company can be frustrating and intimidating. Contact Inside Timeshare or one of these self-help groups if you have a positive or negative timeshare experience to share.

We 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/

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

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

we can help

Thanks Irene for that article, also our thanks to Mike Finn of the Finn Law Group for your contribution.

Inside Timeshare welcomes contributions to our pages from you the readers, we are also looking for more contributors from Australia, Asia, Mexico Central and South America, India and anywhere that timeshare consumers exist. Let us all get together and share our experiences, the industry will only change when we all speak with one voice.

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