Browse Month

February 2018

Another Old Name Crops Up

It seems some of the old names are making a come back, the latest is Greenges 2005 SL. These were based in Fuengirola and have not been heard from for around 5 years, this time in a very unusual way.

Inside Timeshare received an enquiry regarding a call they received telling them that their parents had been awarded £24,000 by the courts for a mis sold timeshare in Tenerife. The call came from someone claiming to be from the Ministry of Justice and to verify the fact they should contact Greenges in Spain who he claimed had done the work for the readers parents.

MoJ Spain

According to the caller from the Ministry of Justice, if they did not claim the money within 5 days it would be returned back to the court. This is a very strange fact, as the courts do not work in this way, also the Ministry of Justice is a Government Department and nothing to do with the Judiciary and Courts.

So we can only speculate that the scam will be the usual “Taxes” to release the money, then a fee to pay for the work involved.

Now Greenges 2005 SL is still a registered company with the NIF number B92652288, the registered address is:

Calle San Antonio 22, Edificio San Miguel, 29640 Fuengirola, they also had another address which also comes up on Google as:

Lope de Vega 60,  29631 Arroyo de la Miel, Benalmádena, this address is actually at Los Boliches Fuengirola not Arroyo de la Miel.

Previous telephone numbers are:

Telephone 0034 952 446093 and fax 0034 952561178
Telephone 0034 952 667357 and fax 0034 952 667545

According to the Google ad it is a computer software company, yet we can’t find any website for them.

greenges

A past director of the company Sharifi Mahmoud Reza has well known links with the following companies:

Fuengirola Servicios 2002 SL

Key Property Town Advisory (KPTA)

The Justice Group Direct

Another dubious link is the administrator of Ramirez & Ramirez, Fabián Ramirez Marcelo as he also appeared as the administrator of Fuengirola Servicios 2002 SL.

The latest director is named as Daniel Ernesto Calle Guden who was appointed on 21 February 2018.

It must also be remembered,  when they were operating in the past they were posing as a law firm yet their business activity according to the company register included purchase and sale of motor vehicles and food, the provision of all kinds of services such as accounting and financial advice.

So there we have it, the old firms up and running again, this time claiming that money has been awarded and is waiting to be paid out.

If you receive a call or email claiming to be from the Ministry of Justice, or some company appointed by the courts, then you can be sure it is going to be a scam.

Contact Inside Timeshare if you need any help on how to check out any company that contacts you or that you have found on the internet, doing your homework will save you from the scammers in the end.

 

The Tuesday Slot with Irene

THE FBI FOCUSES ON SCAMS TARGETING THE ELDERLY

WHY TIMESHARE BUYERS NEED TO REPORT ALLEGATIONS OF FRAUD

Reported 22/2/18

https://www.fbi.gov/news/stories/elder-fraud-charges-announced

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings.

A coordinated law enforcement action aimed at those who prey on senior citizens has resulted in charges against more than 250 subjects who collectively victimized more than one million mostly elderly Americans.

“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Jeff Sessions. “Today’s actions send a clear message. We will hold perpetrators of elder fraud schemes accountable wherever they are.”

Using a variety of scams, criminals charged in the nationwide sweep caused losses of more than $600 million. The cases, which spanned the globe and claimed victims in every U.S. state, include criminal, civil, and forfeiture actions and were coordinated through local, state, and federal law enforcement agencies and international partners.

Elder fraud “is a serious and growing threat,” said David Bowdich, acting deputy director of the FBI, who attended a press conference at the Department of Justice in Washington, D.C., with other federal law enforcement partners to announce the results of the nationwide sweep and to encourage victims to come forward.

Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams. Often, the cases involved “outright theft by people the victim should have been able to trust, to include their attorneys, financial advisers, and, even more egregious, their guardians and caregivers.”

Ten Testimonies from Rick Casper Customers

#10 A surprise $170,000  1099c this tax season

Elder Abuse Part II

Elder Abuse Part I by Gay Hart-Brewer

http://insidetimeshare.com/fridays-letter-america-38/

Gay’s Story

https://www.youtube.com/watch?v=99xK55mTZRo&feature=youtu.be

Consumer Protection Week March 4 – 10

Rick Casper said there was a meeting and the new people that bought Diamond (Apollo Global Management) said since there were so many members wanting to sell back points, Diamond was now allowing this, but in order for us to sell our points back to DRI we would need to buy more points.

The new payment is $2,276.05 and almost equals our net income

The old payment on the Hawaii points was $413.

Retired Army, age 69, taught 21 years biological, nuclear and chemical defense

Roy Simmons, another veteran speaks out about timeshare sales

https://www.youtube.com/watch?v=j_nca6lMA4U&feature=youtu.be

Rick Casper complaints reported to Timeshare Advocacy Group™

By Irene Parker  

February 27, 2018  

Inside Timeshare has received 315 Diamond Resorts complaints since we began counting late 2016. Ten are Rick Casper complaints. Inside Timeshare reached out to Diamond Resorts for comment but they did not respond. ARDA has been copied on all serious allegations reminding them of their Code of Ethics. ARDA has never responded. Diamond members donate $1 million a year in “voluntary” “opt out” donations on maintenance fee invoices to ARDA ROC. When questioned, not one member could tell me what ARDA ROC even stands for.  

The FBI has advised us, timeshare buyers who feel they were a victim of bait and switch of a serious nature (like the members reports in today’s article allege), to file a complaint at IC3.gov and to file a complaint orally by contacting their local FBI field office (prompt #4, then prompt #3 white-collar crimes)

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

rick casper

Rick Casper

Danny Wolfer

We begin with number ten, the most recent Rick Casper complaint, because this complaint is particularly timely as April 15 looms, the deadline to pay income taxes in the US. When a loan is forgiven it is reported as “forgiven debt”, a form of income, so Mr. Wolfer’s $170,000 1099c is worrisome, to put  it mildly.

A lawyer I spoke with, who asked not to be identified, said you can negotiate with the timeshare company as part of the settlement, not to issue a 1099c. In this case Mr. Wolfer worked through one of those “get you out of your timeshare” companies, but I can find very little about the firm he worked with and their website was not accessible. Foreclosure might have been the better choice. I’m not an accountant, but according to Creditcards.com, there are six exceptions to paying income taxes on forgiven income. Timeshare debt is not one of them.   

https://www.creditcards.com/credit-card-news/1099-c-tax-form-questions-answers-1282.php

Timeshare Master Closers typically earn $1 to $2 million per year in income. As a former stockbroker, I am not against earning and gathering great wealth, but not in a fashion described by those listed below. I will believe a veteran or an active member of the military or law enforcement over a timeshare sales agent any day. We have referred 31 active duty military, served, or retired military and members of law enforcement to Whistleblowers of America, an organization dedicated to seeking justice for military and government workers. http://insidetimeshare.com/tag/whistleblowers-of-america/

Ten Rick Casper complaints

#45 (10) Danny Wolfer, age 70, 100% disabled, Vietnam veteran

(2/23/18 complaint) The first #, #45, is the order Rick Casper appears in 45 Polo Towers/Cancun Resorts Las Vegas complaints directed against several agents. The second number is 1 – 10 Rick Casper Complaints.

In 2016 we went to Vegas and stayed at Cancun resort. We met with Rick Casper. We were already platinum members at 50,000 points but Mr. Casper said if we could do this upgrade it was possible to use our points to pay the maintenance fees, but maintenance fees increased after the upgrade from $5000 to $16,000. I had been in the hospital with congestive heart failure so not thinking clearly and we were kept for five hours. When we got home we realized what happened. Rick Casper said it would cost $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it.

I ended up paying a company $1500 in Branson MO that helps get people out of time shares, which they did; but now DRI has issued me a 1099c which has to be claimed as income. It’s for around $170,000. I’m 71 years old. I feel like they (Rick Casper and the “get you out of your timeshare company”) took advantage of me. I would have been better off foreclosing.

#1 (1) Age 68 Coast Guard veteran Platinum upsell by Rick Casper:   We had purchased eight DRI contracts, disputing only the last upsell because Rick Casper told us he would sell points for us if we had to, but we had to purchase these last additional points. We asked if we could combine the nine contracts for easier accounting. Rick Casper advised us not to combine contracts as it would be easier for him to sell in small lots like, for example, when people want to upgrade from gold to platinum. Gold is 30,000 points and Platinum is 50,000 points. We purchased 20,000 points July 2016 for $55,200. When we attempted to contact Rick Casper the email went to DRI VP Dan Percy who said Rick Casper is not receiving emails. (Almost resolved so not identified) http://insidetimeshare.com/wednesday-article-america/

#8 (2) A stage 4 cancer victim was told to buy more points by Rick Casper as they would be able to sell the points to help pay for medical bills and Rick Casper told us he would be able to help sell them. (Resolved after numerous rebuttals)

#13 Age 60 (3) $117,000 loan – December 29, 2016 – Rick Casper said DRI never allowed you to sell points. This will allow you to sell points. He knows real estate people to get $5 on resale for DRI points. New members are paying $9 so if you buy at $4 it is easy to sell. He had contacts he could set us up with. We were given Rick’s personal email at the sales presentation. Rick Casper said only Legacy owners can sell points. When we attempted to contact Rick Casper he said he could no longer use his personal email and that VP Dan Percy would handle us from now on. (Resolved)

#14 Age 69 Gulf War veteran disabled (4) $142,000 Loan – Couple did not know until they returned home that Rick Casper January 22, 2017 had sold them $142,000 worth of DRI points and had charged $17,000 to a Barclaycard for the down payment. (Resolved) http://insidetimeshare.com/another-nightmare-timeshare-street/

#17 Age 61 (5) my complaints are against Rick Casper. I told Mr. Casper April 2016 I was not able to use all the points I had because I lost my best friend I used to travel with and no longer desired to travel like I did before. I had 50,000 Diamond points prior to meeting with Mr. Casper. I explained I owned more points than I can use. He told me the 50,000 points I currently owned were worthless but if I bought an additional 25,000 points I would be able to sell any of my points for $2 to $4 per point. He called this an exit strategy. Mr. Casper said on at least four occasions I was eligible for a “Pool Party” upgrade that would provide an exit strategy. He said the program was about to expire so I needed to write a sentence that said I wanted to do this and he would get the purchase approved. I never received a copy of the sentence. The purpose of the purchase, according to Mr. Casper, was to make my existing points more valuable. Mr. Casper went on to explain that this exit strategy would allow me to monitor and sell points. He mentioned that he is a family man and does not want to pass his points and maintenance fees on to his kids. He repeated several times “this is your exit strategy”.  I was referred to VP Dan Percy who said he would get back to me. (Resolved)

#20 Age 66 (6) $75,000 July 2016

Sales agent Rick Casper

Mr. Casper said on at least four occasions I was eligible for a “Pool Party” upgrade that would provide an exit strategy. He said the program was about to expire so I needed to write a sentence that said I wanted to do this and he would get the purchase approved. I never received a copy of the sentence. The purpose of the purchase, according to Mr. Casper, was to make my existing points more valuable. Mr. Casper went on to explain that this exit strategy would allow me to monitor and sell the points. He mentioned that he is a family man and does not want to pass his points and maintenance fees on to his kids. (Resolved)

#21 Samuel Melendez Age 69 (7) October 2016

Army veteran, 21 years taught biological, chemical and nuclear defense

http://insidetimeshare.com/nightmares-timeshare-street/

I am asking for our loan to be cancelled for our last purchase of 107,500 points from Rick Casper at Polo Towers. We previously purchased 50,000 Hawaii points in November 2016 and had no complaints with Diamond.  Having bought point three times we did not expect a Diamond sales agent would outright lie.

In Las Vegas at Polo Towers we met with Rick Casper and told him we were afraid of passing our points on to our children. Rick Casper said there was a meeting and the new people that bought Diamond (Apollo Global Management ) said since there were so many members wanting to sell back points, Diamond was now allowing this, but in order for us to sell our points back to DRI we would need to buy more points. He said we would have to pay off the loan before Diamond would buy our points back. He said he had to transfer our Hawaii points to the US Collection points.

Mr. Casper said to put down that our income was $120,000 each on the loan application. I said that was not true. Rick Casper said to put it down anyway. I asked Mr. Casper if I would need to pay the maintenance fees. He said we would not have to worry about that. After we got home we received a bill for $17,500 for maintenance fees. He did not explain that the $15,000 would be placed on the Barclaycard which was put on Delores (age 81) card.

November 2015 50,000 points purchased for $121,650 in Hawaii

10/21/2016 $163,525 for 107,500 points purchased from Rick Casper

Down Payment $15,000 Amount financed $151,078.93

Equity from 65,000 points transferred from US $128,196

Loan Balance: $143,931.27 as of October 2017

The new payment is $2,276.05 and almost equals our net income

The old payment on the Hawaii points was $413

#22 age 56 (8) $132,000 August 2017

Sales agent Rick Casper

“The main benefit that he presented was the ability to convert points directly into cash at $0.30 per point. If at any time during the year we had leftover points we could be reimbursed for those points in cash.  All we had to do was contact Dan Percy and he would process the transaction and put the money on our reloadable Visa card.” I continued to ask questions about each benefit so that I would be certain.  I worded questions differently to see if I would get the same answer.  I threw out this scenario; “If at the end of the year I have 30,000 points still sitting in my account, you’re telling me that I can get reimbursed cash for these points at $0.30 per point.”  His response; “Absolutely – You contact Dan Percy and he will load $9,000 onto the Visa card.” We purchased 40,000 points to get us to the level of “Super Platinum”. (Resolved)

#44 (9) Referred by one of the 1 – 10 above supposed to call us soon.

We seek to provide Diamond Resort 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/groups/DiamondResortsOwnersAdvocacy/

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

Timeshare Advocacy Group™Members Helping Members tired of “Kind Regards”

aa

Inside Timeshare receives on a daily basis complaints such as this, not just from the US but also from Europe, these type of sales practices need to end. The timeshare industry is destroying itself, if this keeps up there will no longer be an industry.

If you have any questions or comments on this or any other article published, or you just need some advice on any company that has contacted you or even thinking of doing business with, then contact Inside Timeshare for the best advice available.

 

They Get Them in the End

On 23 February, West Mercia Police issued a press release about 9 timeshare fraudsters being sentence to more than 20 years in prison. It revolves around a timeshare resale scam that began back in 2012, when the company Simple Property Marketing Solutions first made its appearance.

All 9 appeared at Stafford Crown Court between 21 and 23 February, they are:

  • James Barrass, 37 from Norwich, sentenced to two years for money laundering.
  • Matthew Barker, 25 from Bromsgrove, Fraudulent Trading, 1 year & 1 month. Suspended for 1 year a & 6 months, 250 hours community service.
  • Brian Carr, 31 from Redditch, sentenced to 6 years for conspiracy to defraud and perverting the course of justice.
  • Daniel Carr, 24 from Redditch, Conspiracy to defraud, 4 years prison.
  • Steven Cross, 37, From Worcestershire, Conspiracy to defraud, 6 months.
  • Dawn Gingell, 55 From Hampshire, Conspiracy to defraud, 3 years 6 months prison.
  • Brendan Hicks, 28 From Redditch, Fraudulent Trading, sentenced to 1 year 1 month, suspended for 1 year 6 months plus 250 hours community service.
  • Alan Sharp, 66 From Norwich, Money Laundering, 8 months in prison suspended for 1 year plus 200 hours community service.
  • Craig Walker, 27 From Redditch, Conspiracy to defraud, 3 years in prison.

They are all facing proceedings to recover the money stolen, under the Proceeds of Crime Act 2002.

staffordcrowncourt

It all started with the company Simple Property Marketing Solutions Ltd, based in Norwich in 2012, they began contacting timeshare owners with the promise of buyers for their timeshares. These buyers were offering tremendous prices to acquire them.

In order for the timeshare owner to start the sales process, Simple Property Marketing Solutions, headed by Brian Carr, needed payment of between £600 and £1,500 for notary fees and security bonds.

According to the evidence it amounts to around £875,000 paid by about 470 people.

But the scam did not stop there, under different names and companies the next stage was to contact those who had lost money in the original scam. They would offer new schemes in order to help the victims to at least recoup some of their earlier losses.

The third part in this scam was one we have seen all too often, the victims are again contacted, but this time the callers say they are from the Spanish Courts. The money they have lost has now been recovered and can be returned to the victims bank accounts, obviously there would need to be a fee paid first.

Brian Carr was also the director of the following companies:

It is believed there were around 10 companies formed in the UK and Spain which were used to either launder the money or perpetrate the scam.

This fraud ran from the start of the companies in 2012 to 2015, they targeted mainly the elderly and vulnerable timeshare owners, many who were in poor health. This is a recurring theme in this type of fraud, as we have to remember the vast majority of timeshare owners today are now retired and many are not in the best of health.

Recently we have been seeing many other “scams” being closed down, from resale to holiday clubs and leisure credits. The authorities are taking more notice of these frauds in the timeshare world, we are still waiting to hear what sentence Birmingham Crown Court will be bestowing on the EZE Group owners Dominic O’Reilly and his daughter Stephanie. We are also waiting for the outcome of the investigation in several of Mark Rowe’s companies by the South West Police.

As the title of this article says, They Do Get Them in the End!

If you have been contacted by any company or are wondering about one you have found on the internet, contact Inside Timeshare and we will help you find out what you need.

due diligence

Friday’s Letter from America

This week’s Letter from America is not the one originally planned by Gay Hart-Brewer, as usual Irene Parker sends draft copies in advance to the company involved in the article. In this case the company contacted the person concerned with the dispute and we may just have a result. So first a little extra from Europe.

Inside Timeshare has had a number of enquires about Resort Management Direct, this has nothing to do with the running of your resorts, they are in essence what is known as a flybuy company. See the article from March 2016 which explains a flybuy in detail.

http://insidetimeshare.com/what-is-a-flybuy/

Basically a flybuy is a cheap discounted holiday offer which provides clients to resorts for the purpose of attending a sales presentation for either a timeshare or holiday club. These presentations are for a minimum of 90 minutes (if you can believe that), but will usually last several hours and involve the usual high pressure sales tactics.

saleman

Failure to attend the presentation will result in either removal from the resort or being billed full price for the accomodation, which may be a couple of thousand pounds. So the moral of the story is beware the cheap deals.

The new “fake” law firm Martin Zabala Abogados, based out of Madrid, is still contacting Palm Oasis owners and stating they have been “APPROVED” by the court in Las Palmas to act for owners of Palm Oasis. They are now using a Spanish mobile number:  0034693671006

Remember, COURTS DO NOT APPOINT OR APPROVE ANY COMPANY TO CONTACT TIMESHARE OWNERS.

Anfi have again this week been on the receiving end of two more sentences from the Court of First Instance in Maspalomas.

In the first case, the client has been awarded over £26,000 plus legal interest, with their contract being declared null and void. The same court on the following day declared another contract null and void with the client being awarded 15,738€ for the purchase price plus a further 15,951€ as double the deposit paid within the cooling off period.

Two very happy ex-timeshare owners and a costly two days for Anfi.

judge

Inside Timeshare has also been handed a verdict from the Audienca Provincial of Palma de Mallorca, this case goes back to 2016 and involves no less than eight clients of Marriott Resorts.

The court found against MVCI Management SLU and MVCI Holidays SL, for breaches of the timeshare law 42/98. The total amount awarded by the court is 357,481€. when we get the court papers translated fully we shall publish it here.

Now for this weeks Letter from America which has been revised in light of the news that the company had contacted the author.

Seniors (and others) Driven into Timeshare Foreclosure

By Gay Hart-Brewer for Consumer Protection Week

State of Residence:  CA

Abuse

I made a YouTube that was posted above to warn the elderly and the young to be aware of predatory timeshare sales tactics, appearing to be widespread in the timeshare industry, with the exception of Disney Vacation Club.

March 4 – 10, 2018 is Consumer Protection Week

https://www.consumer.ftc.gov/features/national-consumer-protection-week

The Federal Trade Commission has asked us to:

  • Plan an event
  • Write about it
  • Blog about it
  • Spread the word

I understand I am supposed to say “alleged” and “in my opinion” but my husband Ed and I know what we were told when we invested in a timeshare. Supported by lawsuits, Attorneys General investigation, Better Business Bureau and internet complaints too numerous to mention, I will offer our devastating timeshare experience as a lesson for all Tuesday if our differences are not resolved.

“You signed a contract,” in essence endorses and encourages the actions of these agents employing tactics that are predatory and criminal. They don’t even deny the lies. When a timeshare agent tells an outrageous lie, instructing the member to call him or her to accomplish something the agent knows full well can’t be accomplished, the member is told, “It doesn’t matter what I said. All that matters is what is in the contract.” It’s a sordid partnership between the sales agent and corporate.

This type of white-collar crime is known as fraud for profit, as defined by the FBI.

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

The actual article scheduled for today has been pulled because someone from the timeshare company reached out to me yesterday, after months of insufferable agony over this dreadful experience.

Part II of What is Elder Abuse will air February 27, Tuesday, with or without my YouTube, depending on if the timeshare company will do what is right, just and honest. We pray it will be a positive article about a positive outcome.

Timeshare bait and switch must stop. Social Media is here to stay.

We may be elderly, but we will no longer be victims.  

Thank you Gay, we all hope that the outcome for you is a good one.

Inside Timeshare once again thanks all contributors and readers who contact us with information, it really does help others to avoid many problems. As usual, we repeat our warning, before engaging with any company that has contacted you or that you may have found on the internet, check them out and do your homework. This due diligence will save you more than just money.

If you need help in looking for the information you need, contact Inside Timeshare and we will help you find it.

Have a great weekend.

weekend

The Changing Face of Timeshare Scams

Today we look at how timeshare scams have changed over the years, from the original sales to resale, holiday clubs and now for claims. You will be surprised at how they have developed, we will also give you some useful information on what to look for when either searching the web or being contacted.

When timeshare was first being marketed on a large scale during the 1980’s and the boom years of the 1990’s the most common scam was known as the “hole in the ground”. This is where the unsuspecting tourist while on holiday was picked up off the street by the touts with the scratch cards, taken to a resort with a sales deck and subjected to a rather lengthy presentation.

Nothing new there, the difference with this presentation was that the resort the potential client was at, was not what was being sold. That resort had not yet been built, it was in the planning stage, the client was being offered to buy “off-plan”.

off plan

These apartments and weeks would be sold at a discounted price, for example a studio may go for around £2,500, much cheaper than the ones on the resort they were visiting. Many signed up for these timeshares, only to find out later that the resort was never actually built, the marketing company had disappeared along with their money.

It was then towards the end of the 1990’s that the resale market began, many timeshares were sold on the basis that they were real estate, you were buying a portion of the bricks and mortar, so it would go up in value.

One of the early resale scams was started and run by the infamous Toni Muldoon from the Costa del Sol. He had a string of companies, one was known as Platinum Properties.

The scam played on greed, owners would be cold called and asked if they had thought about selling their timeshare. The pitch was very simple, there is a shortage of new timeshares and the prices of second hand ones was increasing due to demand.

The unsuspecting owners would be asked what they owned and what they had paid, the callers would then explain that those were in high demand and fetching very good prices. For example, an owner would say they paid around £5,000 for theirs, yes you guessed it, they would be told that those were now going for about £7,000 on the resale market and going up in value.

Now for only £1,500 Platinum Properties would list this for you, if they were not able to sell this within the 12 months of the contract, the deposit would be returned. That deposit would also be returned once the sale had gone through, as the buyer would pay all the costs. Many took up this offer and that was the last they ever heard from the company again.

Eventually Toni Muldoon was caught and received a 2 year sentence which was then suspended, he was eventually jailed in the UK for other non-timeshare related scams and has been release on parole. He has now set up 2 websites, one relating to timeshare (claims) the other called Scam-Busters. The question is can a leopard change its spots?

Home

 

 

 

 

 

 

 

 

 

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His business became the model for all the other resale companies that sprang up during the early 2000’s.

The next incarnation of the resale scam was the classic “bait and switch”, this is where the client was told they had a buyer for the timeshare, usually a “corporate buyer”. All the seller needed to do was visit the resale office on the Costa del Sol or wherever and attend a meeting with the buyer.

But, there was no buyer, the meeting was a presentation for one of the new Discount Holiday Clubs. These were the  new way to holiday, free from the yearly and rising costs of maintenance fees. The pitch was they would take over your timeshare leaving you maintenance free, but to do this you had to buy a membership to their club. Again these varied in price depending on the length of the membership.

Those prices were obviously inflated, as they would then give a massive discount to take into account the price of your timeshare. For instance, the owner would be told that a 10 year membership would cost £15,900 but they would give you £6,500 for the timeshare, leaving the cost of membership at £9,400.

Another twist to this was the cashback scheme, this was a voucher made out for a large sum to cover the cost of the timeshare plus some of the membership fee, that had to be registered and in 36 months or so you would go through the reclaim procedure and receive at least 75% of the certificate value.

cashback

Incentive Leisure Group and their Designer Way Vacation Club along with Club Class Concierge were the major players in this particular scheme. Both eventually were wound up by the UK authorities.

The next system to emerge was based on the above, this time they were leisure credits, which “could” be used to get discounts on all sorts of goods and services, not just holidays. The same tactic was used, get the client to a meeting and the only way to get out of the timeshare was to purchase the leisure credits and join our scheme!

The most well known are EZE Group, whose owners are awaiting sentence at Birmingham Crown Court and Monster Credits. The latter is now under investigation by the Police after raids by Trading Standards.

We now move to the latest in this long list of innovative frauds, the claims business.

Since the first Supreme Court ruling in March 2015, these have mushroomed, they take on many various forms, from fake law firms to claims management companies.

The pitch varies from firm to firm but one thing is clear, everyone has a case and can claim!

The most sophisticated fraud is one Inside Timeshare has been following for over 2 years, the group of “Fake” law firms we have called the Litigious Abogados family operating out of Tenerife.

Theirs involves clients being told the case has been filed and they can be part of it, all they need to do is pay a certain amount and they will be included in the case being heard within the next month. All the documents look very convincing, even down to very good fake court documents. For more on this search for Litigious Abogados.

There are also many firms operating out of the UK, these are offering “no win no fee” claims, but in order to do this you need to have your timeshare contract cancelled, known as relinquishment. This involves a fee, this can be anything from £4,000 to £8,000 depending on the company. (Beware of this, many have found that after 3 years or so they end up getting demands for maintenance arrears).

sec 75

Once you have paid for the contract to be cancelled, then they will file a claim on the “no win no fee” basis. This does not involve a court case, (once your contract has been cancelled, you cannot take the case to court), it is a Section 75 under the Credit Consumer Act 1974. As you can imagine this is not going to work, the credit card company will deny the payment stating that you have had use of the product and therefore are not eligible.

Section 75 covers, not received the goods or services paid for, company has gone bankrupt, fraudulent transactions. This would not cover the misselling of timeshare, the contract can only be declared illegal in a court and at present the laws only apply to timeshares purchased in Spain.

Now, it can be very difficult to decide which company is genuine and which is not, this is where you need to do your homework.

Some very basic tips are, how long has the company been registered, this can be found out by doing a company search, this will also tell you if they have changed name. If the company has only been registered for say 1 year, then how do they account for their claims of helping hundreds of people, especially if they have testimonials dated several years before they were registered. Also just because a company has a registration, that does not prove they are genuine, anyone can register a company for very little outlay.

Another factor is the officers of the company, the director and secretary, these may be just front people, not the actual owners of the company.

What about the website? Who is it registered to and when was it registered?

whois

Some websites are registered under privacy registrations, these are using a privacy company to register the site for the person. This should set the alarm bells ringing, what have they got to hide?

Payment methods is also a very useful giveaway, any genuine company should have credit card facilities, at least that way you are covered if anything does go wrong. Do not use your card via any method such as PayPal, this is a third party and invalidates your rights under Section 75.

Companies using only bank transfers should be viewed with caution, especially if the transfer is to be made in the name of a private individual. Steer well clear of any company that asks for payment by any other means such as Western Union.

These are just the very basic rules, if in doubt do not do anything, if you require any help in checking the validity of any company that contacts you or one you have found while searching the internet, contact Inside Timeshare and we will point you in the right direction.

Remember do your homework and keep your hard earned cash safe!

homework

The Tuesday Slot with Irene


Here we are with another Tuesday Slot with Irene, this week it is all about “Whistleblowers”, those who decide they need to tell the inside truth about companies, organisations or even politicians. Inside Timeshare has highlighted this topic before, without them we would never know the truth. But first a quick look at Europe.

We started this week with a warning about the scam involving clients of Ramirez and Ramirez, our old friends from the Costa del Sol, this one had an unusual twist as it involved the Supreme Court in Portugal. We are used to seeing letters supposedly from Spanish Courts, maybe because they have been highlighted this so often the “fraudsters” have decided to take a different angle.

There is still no news on the sentencing of Dominic and Stephanie O’Reilly of EZE Group, last year they pleaded guilty at Birmingham Magistrates Court, they were sent to the Crown Court for sentencing as the powers of the Magistrates Court were deemed insufficient due to the severity of the offences. When we know what they receive we will let you know.

We are still receiving emails from clients of the Mark Rowe companies being investigated by the South West Police, Regional Organised Crime Unit, that they have been contacted by the Police and are making statements. This is obviously a huge investigation and will take some time, we will keep you informed of any developments.

To finish off the European news this has just come in from the courts in Maspalomas.

The Court of First Instance Number 4 has issued their latest sentence against Anfi, The judge has declared the CLA clients contract null and void and ordered the return of over £26,000 plus legal Interest. This is another blow to Anfi and the CEO’s claim they are not losing in the courts!

Now for the Tuesday Slot with Irene Parker.

United in Speaking Truth to Power

remember vets

A borrowed headline from Whistleblowers of America

Press release

February 20, 2018

Introduction by Irene Parker

The Whistleblowers of America press release below describes alleged misuse of power. Seekers of justice and fair play seek to change corporate and/or government corruption. Deceit can become ingrained and accepted. It becomes the norm until those brave and determined enough to fight back, strike back.

Vivieca Wright Simpson, VA’s third-most-senior official, altered language in an email from an aide coordinating the trip to make it appear that Shulkin was receiving an award from the Danish government, then used the award to justify paying for his wife’s travel, Inspector General Michael J. Missal said in a report released Wednesday. VA paid more than $4,300 for her airfare. https://www.washingtonpost.com/politics/veterans-affairs-chief-shulkin-staff-misled-ethics-officials-about-european-trip-report-finds/2018/02/14/f7fbc020-0c3a-11e8-8b0d-891602206fb7_story.html?utm_term=.e6c8f81cab95

Inside Timeshare has connected 31 active duty and retired military and law enforcement members, alleging they were a victim of timeshare fraud for profit. Whistleblowers of America is dedicated to seeking justice for this population.  

Five members of our military and law enforcement group are worried about losing their security clearance, including two who have published articles:

Amanda and George Jones http://insidetimeshare.com/tuesday-slot-irene-3/

Scotty Black http://insidetimeshare.com/fridays-letter-america-36/

I have highlighted the following excerpts in red from the Whistleblowers of America press release below, noting similarities between what VA workers and timeshare victims confront when power and wealth seek to destroy individuals and families by way of corporate greed and misuse of power.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.

It takes at most a day to buy a timeshare, but weeks, months and sometimes years to cancel a timeshare contract. There are endless rebuttal emails responding to timeshare contract fine print experts (also known as customer service representatives), regulatory and law enforcement filings, YouTube interviews, and media outreach.

Such has been the case with reports of homelessness numbers being underreported

Non-disclosure agreements and private and binding arbitration rulings have effectively swept timeshare corruption under the rug, but recent Attorneys General actions, Social Media, and lawsuits are saying, “No more.”

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

If a fraudulent timeshare presentation is recorded, or the victim works for the media or for an Attorney General’s office, or has a family member working in these fields, resolution is quickly achieved.  

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

One timeshare company initiated the recording of Quality Assurance sessions, announced as a consumer protection. The QA session occurs after a two to eight hour hard sell sales presentation, basically a nodding, initialing and signing session. The sales session where the crimes are committed is not recorded and members have reported the recording of the QA session being used against them and some buyers coached on how to “pass” QA because they didn’t get “the letter” (that was never sent).

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

The timeshare industry counts on this, knowing the amounts involved will not withstand the time and expense it takes to litigate. State enforcement is spotty at best. Federal enforcement, like the Consumer Financial Protection Bureau, is ineffective because members often can’t even select a lender when filing a complaint because payments are made to the timeshare company that services the loan, and timeshare companies are not a choice from the CFPB dropdown menu.  

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

Timeshare members are sometimes at the mercy of arbitrators, hired by the timeshare company. Arbitrators charge $400 to $500 and have a reputation of being pro-industry. If the arbitrator rules against the timeshare member, not only are they liable for the timeshare debt, they can be assigned to pay the timeshare developer’s attorney fees.

Whistleblowers have lost their homes and college tuition for their children.

The first article we wrote was about the Saldana family, transferring a $30,000 loan balance to a home equity loan, forfeiting $60,000 in timeshare points back to the timeshare company, left with no vacation, a $30,000 home equity loan, and a high school graduate starting college that year.

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

United in Speaking Truth to Power

whistleblowers

www.whistleblowersofamerica.org

601 Pennsylvania Ave, South Tower, Suite 900, Washington, DC 20004

#USTOO: Whistleblowers United in Seeking Justice WoA is a nonprofit organization assisting whistleblowers who have suffered retaliation after having identified harm to individuals or the public. Together, we can speak truth to power.  

Washington, DC, Feb 13, 2018 – USA Today reported on February 12, 2018, that the VA Office of Inspector General (OIG) found that Secretary David Shulkin inappropriately accepted gifts and travel expenses for his wife during his visit to Europe last July. After this story posted, Whistleblowers of America (WoA) was inundated by VA employees outraged by the different standards by which their leadership is held versus the scrutiny they endure.

Shulkin has hired lawyers Justin Shur, Eric Nitz, and Emily Damrau to rebut the OIG findings related to the wrongdoing.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.  

Such has been the case with reports of homelessness numbers being underreported at medical centers in the Midwest and 14,000 disability claims lost out of the Oakland Regional Office.

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

Allegedly, one employee with 28 years of service has been served a proposed termination notice for recently missing production standards. However, these production standards have been a sore point with Congress over the last decade as numerous Veterans Service Organizations have testified that quality should beget quantity and for Raters to “Do it right the first time.”

Even when the OIG finds in their favor, many whistleblowers still suffer the consequences of retaliation and must take their cases to the Office of Special Counsel (OSC) and the Merit System Protection Board (MSPB) for further adjudication.  One whistleblower who could no longer tolerate the stress of months of retaliation, resigned before hearing back from OAWP.  

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

While it may be affordable for a VA Secretary to hire three counselors to battle his own OIG, most VA employees who report wrongdoing are GS 12 – 15s.  They quickly run through their family savings and retirement funds to fight whistleblower retaliation and if they do not reach settlement and damages, then the financial losses have impacts for several years. Whistleblowers have lost their homes and college tuition for their children.

And for those who are not terminated, remaining employed often means being marginalized to lesser assignments, lost pay or advancement opportunities, privacy invasions, poor performance evaluations that mar personnel folders, which then obstruct their ability to compete for other gainful employment. Even attempts at Alternative Dispute Resolutions that can resolve conflicts at the most internal levels are fraught with impartial mediators, lack appropriate decision-makers and can be non-binding, so costly when final arbitration is still needed at a higher level. Whistleblowing has been labeled “career suicide.” When you are not the VA Secretary or other senior leader, life gets tough when harmful disclosures are made to the OIG.

WoA is a 501C3 that provides peer support to whistleblowers because retaliation has consequences that can result in depression, anxiety, substance abuse, divorce, post traumatic stress disorder (PTSD) and suicide, as USA Today once reported in the case of psychologist, Chris Kirkpatrick.  He died by suicide after reporting overmedication of patients at the Tomah VA Medical Center in Wisconsin and was fired.

Contact:

Jacqueline Garrick, Executive Director

www.whistleblowersofamerica.org

202-309-1870

[email protected]

Thank you Irene and Whistleblowers of America, a very interesting article.

If you have any information regarding the practices in the sale of timeshare and want the world to know the real truth behind the industry, then Inside Timeshare welcomes any information you can share.

Been contacted by a firm and want to know who they are, or if they are genuine? Then contact Inside Timeshare for honest, truthful and impartial help and advice.

 

Start the Week, With Yet Another Warning!

Here we go again, another interesting scam has just appeared, this time it comes from Portugal and involves our old friends the fake law firm Ramirez and Ramirez.

According to Juan Sanchez of the Finance Department for the Supremo Tribunal de Justiça of Portugal, in a letter to a Mr Bauer of the law firm Bauer & Bauer, Sociedade de Advogados, Ramirez & Ramirez Sl have been found guilty on all charges. The court has confirmed that the client for Bauer & Bauer is entitled to £26,500 in compensation for misrepresentation of a holiday product.

One has to ask, what holiday product, as anyone that has had any experience with Ramirez & Ramirez will testify, they took money as a fake law firm to chase court cases and claims against holiday clubs and timeshare. They never did sell any holiday product.

Now the other strange factor is why is this being “dealt with” in the Portuguese Supreme Court?

Ramirez & Ramirez, operated out of the Fuengirola area of the Costa del Sol, all the companies set up by Marcelo Ramirez were registered Spanish entities, nothing to do with Portugal. In fact the only court that has jurisdiction over Ramirez, are the Spanish Courts.

Looking at the letter from the finance department of the Supreme Court, the question that springs to mind is, as it is written to a “Portuguese” lawyer, why is it in English and not in Portuguese?

Portugal Justice Redacted-page-001

PDF of the document

Portugal Justice Redacted

Also, the letter from the Supreme Court, has no telephone, fax numbers or email address, although the address given does show the courts on google street view, that is about the only genuine thing about it. To be honest, it is not the best fake we have ever seen, it just screams fake!

Now let us look at this illustrious law firm Bauer & Bauer, well there is a law firm by this name, unfortunately it is not in Portugal, it is around 7000 miles away in Brazil, there is no trace of a law firm by this name in Portugal.

The only website we have found is for the legitimate law firm in Brazil, there is no website for the Bauer & Bauer operating out of Lisbon Portugal. The letter from and signed by Janettje Bauer shows no email address or website details, which considering how companies operate today is very strange indeed.

Portugal_Justice 2 Redacted-page-001

PDF of the letter

Portugal_Justice 2 Redacted

Our next question is who is behind this, no website so no chance of a registration, no company numbers, so unable to trace any director, very little information about them is available. So it makes you wonder is this another one of Ramirez’s ploys?

After all he did set up another company to contact the clients of the original Ramirez & Ramirez, with the story that they have been taken to court and there is substantial money being held, just waiting to be returned to those who got swindled in the first place. Only thing was the new Ramirez company needed to be paid to get this done.

http://insidetimeshare.com/the-resurrected/

This article goes to show that you have to be very careful when dealing with anything regarding timeshare, courts and claims, Inside Timeshare has been publishing many articles on this subject, including showing the sophistication of some of the fake documentation.

If you have been contacted by any company including Bauer & Bauer Inside Timeshare would like to hear from you. If you need any help in checking if a company is genuine contact us and we will point you in the right direction.

Do not pay any money until you are 100% sure that who you are dealing with as absolutely genuine.

 

Friday’s Letter from America

It’s Friday, so time for another Letter from America with Irene Parker, but first a look today’s major news in Europe.

El Diario a prominent Spanish daily newspaper published the following article today (see link for full story).

The article reports on the current legal actions against Anfi and tells of the 1.35 million Euros they have had to repay to consumers, in the execution of around fifty judgements. It also goes on to say that there are over 395 live cases at court with a value of over 27 million Euros, with over 100 having had decisions in favour of the consumers. Some of these are firm decisions with the sentences yet to be executed, others are awaiting confirmation.

With even the Spanish press publishing articles such this, it does make the claim by Anfi that they have not lost or the Supreme Court has got it wrong rather flimsy!

In fact on Tuesday yet another sentence was announced by the Court of First Instance against Anfi, again the clients contract was declared null and void with the judge ordering Anfi to return over £20,000 plus legal interest

(if using google. Right click on the article for a translation to English)

http://www.eldiario.es/canariasahora/tribunales/Grupo_Anfi-condenas-negocio-timesharing_0_739477033.html

The same article has also been published in Canarias7, one of the major Canary Islands Newspapers.

https://www.canarias7.es/economia/turismo/anfi-paga-ya-1-35-millones-por-condenas-YK3590405

Now for this weeks Letter from America.

 

The 3 Rs or F of Timeshare Revisited (first published in three parts)

Timeshare Resolution, Relinquishment, Refund, Foreclosure

Magnify

By Irene Parker

February 16, 2018

There are many who use and enjoy their timeshare, but rising maintenance fees, high interest rate loans and higher interest rate developer issued credit cards can spell financial disaster, especially when an individual or family is hit with an unexpected life crisis. Not one of the more than 300 Inside Timeshare readers who have contacted us realized the perpetual nature of the timeshare contract (in the US), or that their timeshare had little or no secondary market. It is not uncommon for a family to have spent $100,000 or more on a timeshare.

There is rarely a need to pay anyone, or any firm, money to get you out of your timeshare. Special circumstances, like being in the middle of buying a house, may result in a referral to one of the law firms we know and trust, if the timeshare company refuses to help the individual or family.   

Our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because we don’t win them all. No one does, not even lawyers. “We can guarantee you release!” boasts the exit timeshare ad. We have had reports of people paying scammers large sums of money for a guaranteed release, only to learn the guarantee came about because of foreclosure or non-payment.

Our complaint form: http://insidetimeshare.com/file-timeshare-complaint-revised/

The goal:  Convert from angry, desperate, overwhelmed and confused into empowered. Timeshare Advocacy Group™   has 44 core advocates and 10 technical support advocates to help you. All of our Advocates are unpaid.

The First R: Relinquishment

dont like

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees. It is difficult to determine how many surrenders requests are granted, compared to the number of surrenders requested.

There is nothing wrong with deeding back a timeshare if you have used and enjoyed the timeshare for several years. However, if you find out just days or weeks after purchase that you bought a timeshare not matching what you were promised, walking away from even $5,000 doesn’t seem right.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their 64 members. http://www.licensedtimeshareresalebrokers.org/

LTRBA members charge nothing up front, so they don’t waste your time or money by listing a timeshare that, in all likelihood, will never sell.

The Second R:

refund

A refund is not easy to come by, but in cases of serious and obvious fraud; a refund can be achieved.  Inside Timeshare has heard from so many members alleging fraud, we can sometimes guess the name of the repeat offender sales agent before we are told. The fact that some of the same agents are committing the same “fraud for profit” over a period of years is telling.

The complaint process begins with a petition to the resort. Anticipate a knee jerk “you signed a contract’ reaction. Next, begins the filing of regulatory and law enforcement agency complaints. This is where our advocates are ready to assist because just figuring out online forms can be daunting. Check our complaint form for the list of appropriate agencies to contact.

Eron Grant has become our resident ARDA Code of Ethics analyst. In all likelihood, timeshare members are not even aware they are collectively giving $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opts-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member.

Despite our advocates and members forwarding a volume of complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response. Inside Timeshare has learned two of the worst alleged offenders each give $1 million a year to ARDA ROC, surely a disincentive to enforcement.   

Here’s Eron’s article: Why Does ARDA Have a Code of Ethics?

red dress

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.  http://www.arda.org/ethics/

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

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including 19 Attorneys General like Minnesota AG Lori Swanson, as reported by Chris Parker.  

“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….”

“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

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.

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

Timeshare developers know the industry is virtually unregulated and that they are protected by the oral representation clause. However, as we have stated in several previous articles, according to the FBI and attorneys we spoke with, it is not legal for a company to hide behind the fine print, providing sales agents the means to say anything they can come up with to sell points.      

The most common deceit and bait and switch complaints

  • The agent said I could sell my points.
  • The agent said my points were an investment, so easily sold, at a profit.
  • I can turn in points to pay maintenance fees but no such program exists
  • The value of airline and other travel awards is zilch. A common complaint is being told you can use a credit card to offset or pay maintenance fees in their entirety, when a member would have to charge $200,000 to pay an annual $2,000 maintenance fee.
  • The interest rate is 18%. They said I could get better financing but I can’t.

The Third R

resolved

It doesn’t happen very often, but there is the possibility the member just doesn’t know how to use the booking system. Blanket statements like “You can always book online cheaper than using timeshare points” are not accurate. My husband and I are Diamond owners. We have often booked two weeks in Sedona or Orlando for less than it would cost booking online using our points.

One amusing complaint was a buyer whose complaint was that they bought a trial program, but they were promised a lifetime membership. I explained, in the case of the timeshare company they bought into, the last thing they wanted was a lifetime membership. I encouraged them to become a Secret Shopper since they were not locked into perpetual maintenance fees.

 foreclosure  Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. Timeshare Advocacy Group has a foreclosure support group, with members offering each other tips on how to withstand the grueling up to 180 days or more of collection calls. Calls are relentless and members have reported many violations of debt collection consumer protection laws.  

We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed on Better Business Bureau reports, Attorneys General Settlements, and Assurances of Discontinuance and lawsuits. There will be a hit to your credit score of course, but if you feel you are a victim of fraudulent timeshare sales practices, provide the rating agencies or your lenders with the reason why you refused to pay off a timeshare loan or credit card. Lenders are human. Many will take this into consideration.

I asked timeshare attorney Mike Finn of the Finn Law Group some questions about the foreclosure process for an article we published previously. Mike’s answers are worth repeating. Some common questions:

Will the timeshare company try to ruin my credit for non- payment of maintenance fees loans or both?

Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can or will members be taken to court for non-payment of maintenance fees loans or both?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Do they place the lien just on the timeshare? In other words, does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never.

Is it advisable to just stop paying fees without the aid of an attorney?

Mike: It really does depend on your ability to endure collection calls, letters threats, and a foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about 5 years. Rarely will they sue for deficiency balance.

http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

http://www.finnlawgroup.com/english/learning-center/page-12

Remember, “I can’t afford it,” is not a valid reason to cancel a loan for a timeshare any more than it is a reason to be able to cancel your home mortgage loan. You can’t go to your home mortgage lender and ask them to cancel your home mortgage because, “I can’t afford it.”

Our Advocates, bringing experience and expertise from all walks of life, are here to evaluate and work together to help you put your timeshare in the rear view mirror, if that is your goal.

Our mission

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

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

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

https://tug2.com/Home.aspx

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

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

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

Let’s keep working together to improve the industry.

fix prob

That’s it for another week, remember if you require any information about any article published or any company that contacts you, Contact Inside Timeshare and we will get the information for you.

Have a great weekend and join us again next week.

weekend cat

Lawyer Sentenced to 4 Years for Financial Fraud

Do not pass go, do not collect 200€, go directly to Jail!

A lawyer from Gran Canaria, Juan Arencibia Rodriguez, has been sentenced to four years jail and fined 1.7 million Euros, in the Criminal Court Number 6 of Las Palmas, the presiding judge was Judge Ivana Aisa Muiños. He has also been ordered to compensate the Tax Agency 865,000€.

The case centers round tax fraud, and the non declaration of earnings which were paid into a Swiss bank account. The case came to light after his name appeared on a list of tax fraudsters which was delivered to the Spanish Treasury by Hervé Falciani who was the operator of the Swiss branch in Geneva of HSBC Private Bank Suisse.

Arencibia is a well known lawyer and tax advisor, he is a former director of the auditing firm Ernst & Young and is a current partner of the law firm Aramburu & Montero. He is also the former a board member of Anfi for the Lyng family.

Another aspect is he is also head of the law firm which handles all of Silverpoints legal matters, including the ongoing legal cases regarding timeshare.

So it does make you wonder now, how Silverpoint has got away with the sale of “investment packs” for so long, as well as all the other infringements could it be that this lawyer massaged the evidence for them?

It also leaves many other unanswered questions such as how much of the “new” rebranding and splitting up into various companies is down to his advice?

At Inside Timeshare nothing now ever surprises us in that murky world called timeshare.

Follow the links below to see 2 of the article is prominent Spanish press:

https://www.canarias7.es/sociedad/tribunales/condena-de-4-anos-a-juan-arencibia-por-delito-fiscal-MF3564097

http://www.eldiario.es/canariasahora/tribunales/Condenado-grancanario-Juan-Arencibia-Suiza_0_740176922.html

karma

If you require any information about this or any other article published or just want to know the validity of any company regarding timeshare, contact Inside Timeshare and we will point you in the right direction.

 

Martin Zabala Abogados, Appointed by the Court in Las Palmas!

Today’s article is a warning to readers about a new “Law Firm” contacting UK owners of Palm Oasis in Gran Canaria. One of our readers contacted us after being contacted and receiving a letter from Martin Zabala Abogados Asesoria, based in Madrid.

The address given is Calle Velazquez 15 -1, Escalera Derecha, 2008, Madrid, telephone number 0034 911 01 34 24, also using the same number for the Fax. They give two email addresses on the letter: [email protected] & [email protected]

We have found an entry for this company in company records, registered on 20 July 2016, with the CIF number B87615928.

One problem we have found is in the email addresses, the [email protected] actually belongs to a genuine law firm based in Barcelona called Martinez-Zurita Abogados Asociados.

The address on company records is: VIA AUGUSTA, Nº 246, 5 08021,Barcelona, with the CIF: E64299092, they have a website:

http://mzabogados.com

The law firm was founded in 2000 and shows all the lawyers and partners on the Team section, having checked on the Centro General de Letrados, which is the official register of all lawyers in Spain, all the names are members of the Barcelona Bar Association, so this is a genuine law firm. They have also been informed of the use of their email address.

So what makes this outfit in Madrid so suspicious?

suspicious

Firstly the letter is signed by Jasmine Phillips, Lawyer at Martin Zabala Abogados, but no trace of her can be found in the official lawyers register.

Secondly it is the nature of the letter sent to Palm Oasis owners, the second paragraph reads:

“The court of Las Palmas has approved our office to aid all agreement holders residing in the United Kingdom. As Mediators, we are advising all members of the holiday resort of the ruling in their favor and to handle all outstanding claims of the injured parties.”

So they have been “approved” by the court in Las Palmas have they?

Well we know that the courts do not farm out these cases to outside companies or approve such companies to act on the courts behalf. We then have the fourth paragraph where they state that:

“Due to the material misrepresentation, aggressive selling methods, failure to revoke the right of withdrawal and in some cases, no right of revocation, all contracts concluded between 1994 and 2009 have been null and void.”

Not quite accurate, the laws which are being used by genuine law firms to claim and have contracts declared null and void, did not come into force until 5 January 1999 and are known as Ley 42/98.

Although they do say they will make no charge for their services as these are paid by the defendant, you the client are not exempt from court fees, these have to be paid directly to the court and not their company, also they will not exceed 12% of the settlement amount. All very strange indeed. What is the betting the amount will have to be sent by bank transfer to a fictitious court address?

Another fact from the letter is regarding the owners documents, they want them sent by fax or email clearly marked as copies, so they can ensure swift processing of applications.

Not the usual procedure to take a case to court, which requires original documents which then have to be translated into Spanish, a Power of Attorney needs to be signed, the case then has to be prepared on an individual basis by a lawyer (no class actions in Spain), the case is then filed by a Procurator at the court. We then have to wait for a pretrial judge to review the case and if eligible sending it for a full trial hearing. None of this is a quick process.

No doubt the main sting will come later in the process, which if like other cases we have highlighted will entail the owners receiving a letter to say their case has been won and many thousands of pounds have been awarded. Unfortunately, before the court will release this money a “TAX” will have to be paid, again probably by bank transfer to another company dealing with the “TAX” or the same fake court address. That will be the last you hear from them and yes your money has gone!

Inside Timeshare reminds all our readers and those coming across our pages looking for information, beware contacts from companies, law firms etc with these wonderful promises, check and check again. If you are unsure on how to do this contact Inside Timeshare and we will help, remember doing your homework before taking on the offers or paying any money will save you in the long run.

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