Browse Month

December 2018

Friday’s Letter from America

Welcome to the last Letter from America of 2018, we hope that you all had a very good Christmas and are looking forward to the New Year. For this last Letter from America, Irene Parker had to make a last minute change, once again a timeshare company responded before publication.

The Satisfaction of a Dispute Resolved

By Irene Parker

December 28, 2018

The article originally scheduled for today was pulled because the dispute was resolved. The timeshare company listened to a well written complaint and followed the above circle of resolution.

Like most of the timeshare members reaching out to Inside Timeshare, the family featured in the original article is struggling with a medical crisis. I spent this Christmas in Houston at the MD Anderson cancer center dealing with our own family crisis. As our family begins our stages of grief, I thought about all the timeshare families that we have talked to over the last two years that have experienced the same. I can’t imagine receiving debt collection calls in the middle of our personal medical crisis. Making matters worse, all but a handful of the 646 families that have contacted us describe unfair and deceptive sales practices.  

According to cancer.gov, approximately 38.4% of men and women will be diagnosed with cancer at some point during their lifetimes (based on 2013-2015 data). I estimate about 60% of our readers have experienced some form of debilitating illness. This is when they learn the timeshare they were told would be easy to sell, is not. Often there is a loan outstanding, so a voluntary surrender program is not an option. https://www.cancer.gov/

I will never forget the 100% disabled Agent Orange veteran who was up-sold into an unnecessary loan. The sales agent was aware this double Purple Heart veteran had been diagnosed with pancreatic cancer. Due to the circumstances, there was no question he experienced unfair and deceptive sales practices. He contacted me six times the last month of his life. His wife contacted me with just hours left to live because the credit card company was hounding them for the down payment. The timeshare company did resolve the dispute, but how unfair this decorated veteran had to spend his last days battling his timeshare company.

A recent caller was told she should pay an exit company $6,000 because she would be responsible for her father’s timeshare after her father’s passing. This was not true. In the case of this member, the company offers a voluntary surrender program and would have easily taken back the timeshare. Their contract even states heirs are not responsible for the timeshare.   

Contact Inside Timeshare if you receive a call from someone employing scare tactics to get you to sign up with their exit company or give up your deeded timeshare.  

How Timeshare Companies have dealt with complaints:              

According to all but a handful of our readers, timeshare companies have responded to their complaints with:

  • We are not responsible for what our sales agents say,
  • You signed a contract,
  • It sounds like he said, she said,
  • You have no proof,
  • If this was important to you, you should have asked for it to have been added to the contract,
  • All that matters is what is in the contract.     

How complaints should be dealt with according to thebalancesmallbusiness:

No one likes hearing complaints, and many of us have developed a reflex shrug, saying, “You can’t please all the people all the time”. Maybe not, but if you give the complaint your attention, you may be able to please this one person this one time – and position your business to reap the benefits of good customer service. Properly dealt with, complaints can become opportunities. They give you the chance to discover issues and correct them, thereby improving your customer service. Market research has found that customers who have complained about a product or service and had that complaint successfully dealt with are 70 percent likely to order from the vendor again.  

https://www.thebalancesmb.com/rules-for-good-customer-service-2948079

Sun Trust Bank offers these words of hope and encouragement  

http://www.bankrate.com/finance/real-estate/debt-collector-demands-huge-fees-on-past-due-time-share.aspx

“Now, if you were deceived or otherwise legally abused in the purchase, you can file a complaint against the seller. Each state has a different process so you’ll have to contact your state’s attorney general to determine the jurisdiction. Have a narrative of your complaint and a copy of your contract when filing. The agency will contact you if it finds a valid violation of real estate statutes (or sometimes banking statutes), especially if it involves deceptive sales practices. Collectors must legally back off in such under-dispute cases, though many don’t.”

“By the way, consumer complaints about abusive debt collectors have nearly tripled in less than a decade, according to the Federal Trade Commission. They’re exceeded only by identity-theft cases, says the FTC, which has sued about 200 collection companies since 2010. Many have been banned from doing business.”

We are primarily members helping members, providing straight answers on how to file regulatory and, if necessary, law enforcement complaints. It is our hope lawmakers and regulators will take note of our efforts to stop the financial harm caused by timeshare sales agents and companies that hide behind the oral representation clause.

A significant percentage of our readers are in their 60s and 70s, some in their 80s, with high US credit scores around 800, suddenly faced with timeshare foreclosure. About a third is younger. The youngest was 19 and pregnant when she signed a perpetual timeshare contract after a six hour presentation.

Contact Inside Timeshare or one of the following self-help groups if you have a concern about your timeshare.

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://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

So that’s it for 2018, it has certainly been a roller coaster year, so many complaints, many of them veterans, many have been resolved, to the timeshare companies that did take notice, well done and thank you. All we can hope for is that 2019 will see many more start to change their ways.

From Inside Timeshare, we wish you all a happy and prosperous New Year.

Christmas Greetings

Christmas Eve and Christmas Day 2018 from Across the Miles

By Irene Parker

The holidays provide an opportunity for better communication, but better communication should be a year round opportunity.

Article Title: Christmas Truce of 1914

Author: History.com Editors

During World War I, on and around Christmas Day 1914, the sounds of rifles firing and shells exploding faded in a number of places along the Western Front in favor of holiday celebrations in the trenches and gestures of goodwill between enemies.

Did you know? On December 7, 1914, Pope Benedict XV suggested a temporary hiatus of the war for the celebration of Christmas. The warring countries refused to create any official cease-fire, but on Christmas the soldiers in the trenches declared their own unofficial truce.

Starting on Christmas Eve, many German and British troops sang Christmas carols to each other across the lines, and at certain points the Allied soldiers even heard brass bands joining the Germans in their joyous singing.

At the first light of dawn on Christmas Day, some German soldiers emerged from their trenches and approached the Allied lines across no-man’s-land, calling out “Merry Christmas” in their enemies’ native tongues. At first, the Allied soldiers feared it was a trick, but seeing the Germans unarmed they climbed out of their trenches and shook hands with the enemy soldiers. The men exchanged presents of cigarettes and plum puddings and sang carols and songs. There was even a documented case of soldiers from opposing sides playing a good-natured game of soccer.

The so-called Christmas Truce of 1914 came only five months after the outbreak of war in Europe and was one of the last examples of the outdated notion of chivalry between enemies in warfare. It was never repeated—future attempts at holiday ceasefires were quashed by officers’ threats of disciplinary action—but it served as heartening proof, however brief, that beneath the brutal clash of weapons, the soldiers’ essential humanity endured.

https://www.history.com/topics/world-war-i/christmas-truce-of-1914

Our 2017 Christmas Wish (I don’t feel I need to improve upon)

December 22, 2017 restated December 24, 2018

I wish to thank all our readers and supporters as we journey down the path towards resolution of conflict whether with our timeshare, or with our world. The relationships that have blossomed and grown are precious to me. The few I have had the opportunity to meet face to face solidifies and takes our relationship to a new level. I look forward to more of those experiences in the New Year.

There are no words to express the love and support I’ve felt from my band of brothers and sisters seeking to reform timeshare for the better, and we know there are honest timeshare sales agents and even some executives who feel the same.

Here’s hoping 2018 (19) will bring communication, resolution and relief to those who have laughed and cried with me over life’s ups and down. I also want to wish the best to those who may not like us very much, but know in their heart we only wish for better accountability, transparency and respect.

Thank you Charles Thomas, our Facebook admins, those supporting timeshare members working behind the scenes, our past and future Inside Timeshare contributors and to all our Facebook members, Inside Timeshare readers, Timeshare Accountability Group™  followers as we change our name to reflect 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://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

 

  

 

Mid Week Report: Diamond Resorts Receive Second Supreme Court Sentence

The Supreme Court, Spain’s highest judicial body has again found against Diamond Resorts as per their previous 129 rulings. This week alone Diamond have lost 2 cases at the highest court in Spain, it all centers on their points system which has been declared an illegal product due to lack of tangibility and the length of the contract.

In the past three years, the Supreme Court has ruled on 131 cases involving the sales of timeshare, each time it has upheld its previous rulings, on many occasions it has added further rulings on the interpretation of the Spanish Timeshare Laws 42/98 & 4/12.

The latest case started with a trial at the Court of First Instance No 24 in Tenerife, the judge in this instance found for the clients as dictated by the previous ruling of the Supreme Court and the Spanish Timeshare laws.

The infractions were the contract had no end date, which is in contravention of the law as laid down and reinforced by previous rulings, the law clearly states that a timeshare contract should be a minimum of 3 years and a maximum of 50 years in duration. The second was the points system, which shows no tangible product, this being a fixed week number and fixed apartment number, which guarantees the purchaser the period and accommodation each year.

The Judge ruled in favour of the client, declaring the contract null and void plus the return of all money paid. However, Diamond did not agree and promptly appealed the decision to the High Court.

During this appeal, Diamond pleaded that what they had sold was not timeshare, that just like Silverpoint, these were “investors” and not consumers of timeshare. For some reason the judges at the High Court agreed and overturned the decision of the Court of First Instance.

The lawyers of Canarian Legal Alliance representing the clients, placed an appeal with the Supreme Court. The Supreme Court had already previously ruled on the point of “investors as opposed to consumers”, ruling that they are consumers.

On 13 December 2018, the judges of the Supreme Court overturned the decision of the Tenerife High Court upholding and reaffirming the ruling of the Court of First Instance, in favour of the client and in accordance to their previous rulings.

The court along with the original decision declared the contract null and void, awarded over 11,000€ plus they ordered the return of all legal fees for the original case and the appeal, sending it back to the original court for execution of sentence.

The full sentence can be seen in the PDF below.

Supreme Court 2nd Diamond sentence data protected

Over the past 3 or so years the Supreme Court has been consistent in reaffirming their previous rulings, which all courts must abide by. The basic rulings are that deposits or any payment made within the cooling off period are illegal, including those made to a third party. The points and floating weeks systems are not permitted as they do not guarantee anything to the consumer. The duration of the contract is another aspect they have consistently ruled upon, that any contract with a period of more than 50 years is not permitted.

As with the Silverpoint rulings on the “investment packs” which Silverpoint argued made the purchaser an “investor” not a “consumer”, the court has ruled these are indeed timeshares and the law applies. This is also being used in the case of fractional ownership and more recently the Silverpoint Company Participations, the courts have ruled that they are timeshare and that the consumer has the full protection of the timeshare law.

On the point of “investing”, timeshare is not an investment in property, it is a right of use and enjoyment of accommodation for specific periods of time, therefore it should never be marketed or sold as an investment. This is actually borne out by First National Trust in 2012, they are the trustees for the Club la Costa Fractional Owners Club, they informed CLC that fractional should never be marketed as an investment. (See link below).

http://clcmembers.blogspot.com/

Over the years we have seen many timeshare companies change the product, giving it new names, in many cases it has been a blatant attempt to bypass the timeshare laws, but thanks to the courts and especially the Supreme Court, this has been thwarted.

As with any new law, it has taken a long time and many test cases to clarify the interpretation of the law, there is still a long way to go as timeshare companies try to evade the strict laws which now govern the sale of any timeshare product in Spain.

  • Have you purchased a timeshare in Spain or upgraded since 5 January 1999?
  • Is the contract over 50 years in duration?
  • Is it a floating weeks or points system?
  • Have you purchased fractional?
  • Did you purchase the Silverpoint “Investment Weeks”?
  • Are you a participant in the Silverpoint “Company Participation” scheme?
  • Have you paid any money within the cooling off period?

If you can say yes to any of these questions, then you may have the right to have your contract declared null and void, along with the return of at least your purchase price, double whatever paid within the cooling off period.

If you require any information on what your rights are and whether you do have a valid and viable claim, then use our contact page and we will point you in the right direction.

You should also bare in mind that these claims must go through a Spanish court using a genuine Spanish registered lawyer, your contract must also still be running. Once you have cancelled any ownership / membership, then you lose your right to file with the courts.

Remember, before you do anything, do your due diligence and check who you are dealing with, do not take at face value some of the claims many companies will make. If you require any help in determining the validity of any company that contacts you, that you find on the internet or through adverts in magazines or newspapers, then contact Inside Timeshare for the best advice possible.

Stay safe and do your homework.

The Tuesday Slot

Welcome to the Tuesday Slot, today in her article Irene Parker continues to address a very serious problem that of timeshare foreclosure, especially for seniors. Inside Timeshare has been highlighting this problem for some time and we will continue to do so.

Timeshare Foreclosure Explained to Lenders

When and Why Some Timeshare Buyers Have No Choice

The Heartbreak of Senior Timeshare Foreclosure

We had to do a reverse mortgage on our home as a result of these timeshare purchases because our social security income was too low to cover the total charged on both Barclay cards. A reverse mortgage was the only way we saw to deal with the financial distress.  My credit score was 817 the day we met with the timeshare sales agent but it has gone down considerably after that purchase.

A former Army Captain, Vietnam

By Irene Parker

December 18, 2018

Over the past year I have received calls from mortgage brokers calling on behalf of former timeshare members trying to buy a house, battling the decline in their credit score due to timeshare foreclosure. When I explain to the lender that consumers are often left with no choice but to foreclose, due to no secondary market and the contract perpetual, the call has always ended with the mortgage broker convinced.

Six grown children, alarmed and astonished at the deceit their parents described at the hands of timeshare sales agents, have connected to bring to light unfair and deceptive timeshare sales practices. Their parents are being driven, or were driven, into timeshare foreclosure. They possessed credit scores over 800 until they were up-sold into insolvency, now trying to understand how our country could leave senior after senior financially devastated. Two of the six families have previously published articles. On Friday we publish an article submitted by a third family, her parents financially and physically devastated because they believed a series of timeshare sales agents. We have received 20 complaints directed against their sales agent. He earned $2.4 million selling timeshare points in 2016 and $2.4 million in 2017. The complaints are similar or identical.

If you buy a house, car, or boat, and there is loan outstanding, you can still sell the asset. Timeshare companies themselves don’t want the timeshare back because, when no longer wanted or needed, a timeshare is a liability. What would happen to the primary housing market if we suddenly learned there was no secondary market? Damages suffered by senior timeshare members, often accumulating points over several purchases, are commonly $100,000 to $300,000 or more, easily the cost of a home. Often the  report of deceit happens at the last one or two purchases, because a level of trust developed over the years until they purchased for reasons that did not exist – programs that would relieve them of maintenance fees or allow them to sell points. Members reaching out to us all report that they were told at purchase the timeshare would be easy to sell, it is real estate, an investment.

When the buyer has experienced unfair and deceptive sales practices, the result exacerbates the financial disaster, as has been reported by many of the 626 families that have reached out to us angry, overwhelmed and desperate. Some have learned within 24 hours after the rescission period, what they bought was a far cry from what was described.   

Such deceptive practices are known within the industry as “pitching heat” and the answer to complaints are routinely dismissed with, “You signed a contract” or “We are not responsible for what our sales agents say.” In Nevada, all complaints we have received that were submitted to the Nevada Real Estate Division quickly received a “You have no proof” denial. In Florida, the response has been, “Verbal representations are hard to prove.”

Fine, but why not let the consumer know a timeshare sales agent can say anything to make a sale. Let the consumer know they can’t believe a word a timeshare sales agent says. That would at least be transparent. Florida is a two party state, so consumers are not even allowed to record. How is proof even possible?

At the end of this article I list several Attorneys General settlements and lawsuits supporting my claim that the finger needs to be pointed also in-house, instead of solely at timeshare exit companies. The timeshare developer created this timeshare exit scam nightmare. Timeshare companies list in their annual reports that a viable resale market is a risk to their (stock) investors. Not all exit companies are scams, but many are. An FTC report on exit and transfer scams:

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

I liken million dollar deceptive timeshare producers to a baseball player like Jose Canseco, breaking the performance enhancing drug rules to earn millions, while other teammates earn far less because they did not break the rules. Honest timeshare sales agents are harmed by the actions of the dishonest too.    

According to GustonCho Associates, “Many consumers purchased timeshares in the 2000’s when the real estate market was hot.”

  • After the 2008 Real Estate And Mortgage Meltdown bankruptcies and foreclosures soared to historical highs
  • Among foreclosures were consumers who purchased timeshares and could no longer liquidate the timeshares and had to go through timeshare foreclosures
  • I get many calls by home buyers who were told by banks and mortgage lenders that they do not qualify for a FHA Loan because they have a timeshare foreclosure
  • Timeshare owners were told that there are mandatory waiting period after timeshare foreclosure to qualify for a FHA Loan
  • This is not true and unfortunately, these loan officers who are telling home buyers that there is a waiting period after timeshare foreclosure to qualify for a FHA Loan do not know what they are talking about
  • There is no waiting period to qualify for a FHA Loan with a prior timeshare foreclosure
  • Timeshares are not considered real estate loans
  • Timeshare loans are considered consumer installment loans under HUD FHA Guidelines

Read more https://gustancho.com/fha-loan-with-timeshare-foreclosure

We have also received requests for help from the millennial generation. Seniors often tell me that at their age, they don’t care what happens to their credit score, but for the younger buyer, a timeshare foreclosure at a young age can also be financially devastating.

Not one member who has contacted Inside Timeshare realized their contract was perpetual or that there was little to no secondary market.    

The Foreclosure process is gruesome. There will be threatening calls and the hit on the credit score. Timeshare today is broken. When sales agents can lie and laugh about it, at the expense of the young and the old, financially devastated by their vacation plan, something is very wrong. Too many families have been financially harmed by an industry run amuck. Rising loan loss provisions are just a number on an annual report to Wall Street and the developers. To us, they are broken families.   

Lawmakers, heavily influenced by the industry, don’t seem to care because timeshare buyers don’t typically buy a timeshare in the state they live in. Attorneys General try to protect the public, but the settlements achieved so far have been mere speed bumps in extraordinary revenue streams.  

A few of the Attorneys General investigations and settlement and lawsuits:

New York Attorney General reaches $6.5 million Manhattan Club Settlement

https://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club/

A jury awarded former Wyndham sales agent Trish Williams $20 million

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

Attorneys General on the side of timeshare owners:

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

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

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

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

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

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

Jefferson City, Mo. – Attorney General Chris Koster today announced that Welk Resort Sales, Inc., a California corporation that sells timeshares in Branson, has entered into an agreement to pay $18,000 in restitution to Missouri consumers who purchased timeshares from Welk.

https://themissouritimes.com/21184/release-attorney-general-koster-obtains-restitution-for-consumer-victims-of-timeshare-sales-company/

HARRISBURG – The Attorney General’s Bureau of Consumer Protection has reached a settlement with Florida – based BlueGreen Corporation that addresses complaints about the company’s alleged use of deceptive “contests,” misleading sales presentations and improper contracts in the marketing and sale of timeshare vacation packages in Pennsylvania.

http://www.pacast.com/press_releases/1272_OAG_BlueGreen_feed.pdf

Arizona AG issues an $800,000 fine and an Assurance of Discontinuance against Diamond Resorts

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

Bluegreen stock downgrade August 17, 2018

Bank of America Merrill Lynch’s Shaun Kelley downgraded Bluegreen Vacations from Buy to Underperform and decreased the price target from $26 to $19.

https://finance.yahoo.com/news/bluegreen-vacations-interrupted-sell-side-190725946.html

Self-help support groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Where are you?

Thank you Irene, as usual you have highlighted very well a severe problem and explained it in a very simple manner. In this Friday’s Letter from America, another new contributor Brenda Santos, highlights the “Nightmare on Timeshare Street” of her elderly parents at the hands of an unscrupulous sales agent. We think this will make your blood boil, so join us for our last Letter from America this year.

Start the Week

Welcome to Start the Week and our countdown to the Christmas break, we begin this morning with news from the Spanish Courts.

This morning Inside Timeshare has received the following information regarding our old friends Silverpoint, this company is certainly taking a bashing in the courts, contrary to what some might have you believe.

The other breaking news is there has also been another ruling from the Supreme Court, making 130 in total against the timeshare industry, the company on the receiving end is Diamond Resorts.

On Thursday 13 December in the Court of First Instance No 5, Arona Tenerife, Silverpoint were once again found to be in breach of the Spanish Timeshare Laws 42/98 and 4/12, in respect of their product called “Company Participations”.

As we have reported on many occasions this scheme was designed to bypass the current timeshare legislation, instead of purchasing weeks in an apartment the unwary consumer is sold “participations” in apartments which are “registered” as companies. These companies are administered by Silverpoint and Excel Resorts, with the purchaser believing they are “investing” in a “company”. The terms of the contract are complex, with purchaser having no rights to know who the other participants (share holders) are, they also have no right to use the apartments they have purchased these in these “participations”, but are given weeks they may use in other apartments and resorts.

As with the old Silverpoint scheme of “investment weeks”, purchasers are promised a variety of incentives, these are in the form of “dividends” paid each year for the rental income of the “participations” they have purchased, unfortunately many are still waiting to receive them. They also then have the option after 3 years to “sell” their “participations”, but not on the open market, they can only be “sold” to other participants, but only through Silverpoint who will broker the sale.

In the latest sentence, the judge has clearly stated that these “Company Participations” contracts are a blatant disguise of a timeshare product.

The sentence also states and reiterates the ruling from the Supreme Court (STS16/2012 of 16 January) that these purchasers are indeed Consumers and not investors. (Page 2 of the sentence PDF below)

Silverpoint Sentence 13 Dec

The court declared the contract null and void and ordered Silverpoint to return the full purchase prices plus double the deposit paid, a sum of over 108,000€.

The courts have also place another 3 embargoes on Silverpoint accounts securing over 130,000€ for clients who have been awarded their money back.

The Supreme Court has issued their 130th ruling against the timeshare industry, the very first against Diamond Resorts!

The court has upheld previous rulings that the points system is illegal, along with the perpetuity contract which contravenes the maximum duration of 50 years as demanded by law.

Diamond Supreme Court 11 Dec

Although the amounts awarded are not substantial, this ruling now proves that even Diamond are not immune from being prosecuted under Spanish Law.

Both of these cases have been brought on behalf of clients by Canarian Legal Alliance, the leaders in the field of timeshare litigation.

In other news, it has been announced that the CEO of the American Resorts Development Association (ARDA), Howard Nusbaum is to retire in 2019. The board of directors has appointed a committee to search for a new CEO, the members will be working alongside a leading executive search company Spencer Stuart, who will be managing the process.

Whoever is appointed will certainly have a lot on their plate, the timeshare industry is in dire need of a thorough shake up, so let us hope that the new CEO will have the guts to make sure their members start to treat consumers in a better way than we are seeing at the moment.

So that’s it for today, if you require any information on any of the articles published, companies that have contacted you or would like to know where you stand in regards to your purchaes of any timeshare product, especially the “company participations” from Silverpoint, then use our contact page and we will get back to you.

Friday’s Letter from America

Welcome to another Letter from America, the original article which was going to be published today has been replaced, this is due to the timeshare company reaching out to the members. As always, Inside Timeshare sends a draft copy to the timeshare company for comment, we do not always get a response, but on this occasion the company did respond. It may have been at the eleventh hour, but we congratulate the timeshare company concerned for their reaching out and we hope that they are able to resolve the matter.

As a last minute replacement we publish a revised version of The Peasant of Venice and the Queen of Versailles, by Irene Parker, originally published in November 2016.

This week has been a rather quiet one as far as the courts are concerned, there have been many cases going before the judges, but the sentences are unlikely to be announced until the New Year. Although we did get news of two sentences issued this week.

The first was from the Court of First Instance No4 in Maspalomas, Gran Canaria, the judge in this case declared the contract with Anfi null and void. The reason was the length of the contract which exceeded that allowed by Spanish Timeshare Law 42/98, which states that perpetuity contracts or contracts with no end date and exceed the 50 years maximum are illegal. The client in this case has been refunded over 61,000€ plus legal Interest.

At the High Court No4 in Tenerife, Silverpoint was on the receiving end. The contract was declared null and void as it did not include any tangible product. Again under Law 42/98, a timeshare must include specific information such as a set apartment or an exact time of year. The client in this case has been refunded over 10,000€ plus legal interest.

Once again these cases were brought on behalf of the clients by Canarian Legal Alliance, contrary to what some forums run by some very dubious characters will tell you, these are genuine cases and are a matter of public record.

     

Now for this week’s replacement article.

The Peasant of Venice and the Queen of Versailles Revisited

    Jackie Siegel, Queen of Versailles  

By Irene Parker

December 14, 2018

“The Peasant of Venice and Queen of Versailles” article was first published November 6, 2016. I wrote the article because I wanted to explain how I went from being a 30 plus year timeshare owner without a timeshare complaint, question or post, to a full time volunteer whistleblower.

In July of 2015 I experienced a pathetically aggressive timeshare sales presentation in Florida. We had previously purchased points in Virginia because the company said they were adding New York properties, only to learn it would take about $10,000 in equivalent maintenance fee dollars to stay at the same hotel, same week that could be booked online for $1,000 plus tax. When I checked December 1, 2018, it would have cost $12,000 using our timeshare points. I don’t blame the sales agent. He may not have known about the poor value. It was the response from the company to the Attorney General listing all the times we had used our points prior to that purchase that bothered me. Eventually I was offered our money back for that purchase, but could not bring myself to sign the non-disclosure agreement.       

Rosa Parks said, “I was just trying to get home from work.” In my case, we were trying to get to our new home, moving from Bowling Green, Kentucky to Venice, Florida. It was my intention to return to my first love – teaching piano lessons. That all changed after the revolting timeshare presentation we experienced in Florida.  Disgusted, I returned to our unit, turned on the television and witnessed the jaw dropping house pictured above, being built by Westgate timeshare owners Jackie and David Siegel. I could not resist.

It was a hot July summer day in Orlando when my retirement turned upside down.

We entered the hospitality area where we were invited to attend a 55 minute “information only” presentation for existing owners. “Will we be paired with a commissioned sales agent?” I asked three times. “No”, Julie replied, “Only if you have questions in the last ten minutes. I attended and I learned a lot! We have group presentations now because we had so many complaints about high pressure aggressive sales sessions.” We did not sign the form agreeing to the 55 minute meeting because the fine print said we would be robo-called if we did. We were robo-called anyway. There was no form to be signed for the three hours that followed the 55 minutes.

A Diamond Resorts member recently sent me this comment from a former Diamond concierge describing an unfair and deceptive practice:

Concierge (Former Employee) – Virginia Beach, VA 23451 – December 3, 2018

A typical day of work consisted of misleading current owners and their guests in order to persuade and entice them to attend a timeshare meeting that could last well over what was initially disclosed….The hardest part of this job was knowing I was intentionally misleading owners/guests of the length of time for their timeshare meeting, as well as not disclosing it as a timeshare meeting as instead it was mandatory we refer to it as simply an “update on their current status” or “ways you can stay here and affiliated businesses in the future”. The most enjoyable part of this job was the interaction with varying people and the connections I gained therein.

https://www.indeed.com/cmp/Diamond-Resorts-International/reviews

Our Nightmare on Timeshare Street begins:

The next day we entered the reception area to be greeted by an attractive young lady. “Hello,” Donna greeted us. “Are you a commissioned agent?” I asked.  Puzzled, she took us by the arm and escorted us to the 55 minute presentation, retrieved us immediately after, and led us to her den.

I told Donna, “My husband is 77 years old. We do not want to invest in vacation plans because we need to investigate long term care plans.” “Why, we have many in their 90’s who come and enjoy our resorts!” she cried. “But we are in the middle of building a house and have no permanent residence at this time,” I countered. Kneeling and looking up, she gazed into my eyes and confessed she was a single mother and had to resort to her Diamond points when she divorced. “I know you didn’t put all your money in that house though,” she added. I kept saying over and over, “We don’t want to travel. We like our new house.” Frustrated, the manager ended by advising me to go to the website if I want to find out what’s new. Three hours and three sales agents and managers later, we returned to our unit.

I checked my email and learned the 4,500 points we had been promised for our Port Elsewhere Ozark timeshare deposit was credited only 3,000 points. Sure enough, I learned later the 4,500 points promised could be changed at any time for any reason. It’s all in the fine print.

I then decided to take my mind off this disturbing revelation by watching television. I turned on the FOX news show Property Man show hosted by Las Vegas Attorney Bob Massi, and there she was – The Queen! The King and Queen of Westgate timeshare were building a 90,000 square foot home that defied the imagination. Jackie’s clothes closet is 5,500 square feet!

http://www.realtor.com/news/trends/queen-of-versailles-q-and-a/

Thinking about the pathetically aggressive timeshare sales presentation we were deceived into attending, and the worthless points specifically purchased to stay in New York City, I wrote to Mr. Massi at Property Man never dreaming I would earn a response. Copying the letter to Diamond customer service, they credited the correct amount promised for our Port Elsewhere week.

A few months later a FOX producer called. I was asked if I would be willing to be interviewed by Mr. Massi. The producer told me the Queen of Versailles show wasn’t even about timeshares. It was about their house, but FOX had been flooded with timeshare complaints. She said I was the only viewer they asked to interview because I was the only respondent who said I wanted to talk about the positives in addition to the negatives of timeshare. I told her I was sorry, but I had just accepted a position as interim music director for a large church and could not participate, but I offered to research timeshare to help them with their talking points.

I started digging. The deeper I dug, the more alarmed I became. Wyndham, Westgate, Bluegreen and Diamond seemed to have the most complaints, with Disney, Hilton and Marriott far fewer. I submitted my research to FOX and returned to the choir. Six months later, after arranging a flight to Phoenix to stay at  a Diamond resort in Sedona, I received a call from the FOX producer, asking if we would agree to be interviewed by Mr. Massi in Phoenix as they had interviews scheduled that weekend. Some things are meant to happen.

The FOX producer told me David Cortese of Magical Realty had also been interviewed by Mr. Massi about timeshare resales. David is a member of the Licensed Timeshare Resale Broker Association (LTRBA). After viewing David’s segment, I contacted him to see if he would sell our Diamond points. I was told their company would not accept a listing to sell Diamond points. I surveyed all 64 LTRBA members and 22 responded also saying they felt Diamond points were worthless on the secondary market. “We feel Diamond has placed too many restrictions on the use of secondary points to be of any value to a buyer,” they sadly explained.

One of the LTRBA members asked if I would speak with a Hispanic family. Since this first October 2016 complaint, the calls and emails have not stopped. I have heard from 646 timeshare members.

Timeshare members want straight answers but straight answers are in short supply at some timeshare customer service desks. Callers or emailers explain how a sales agent lied to them, but when they contacted the timeshare company they were told, “You signed a contract.” Some described how the rescission period was dodged. Some things, like over promised availability, can’t be determined by reading the contract. I feel I was deceived by reading the contract which stated, “You can sell your points but we will not assist you.” They left out the part about no buyers.

From the October 2016 article describing what happened to the Hispanic family:

Maintenance fees increased to the point where they could no longer afford to own their points. The family soon found that they had to charge maintenance fees to their credit card in order to pay them. The family had already taken out a $33,000 home equity loan from their credit union to reduce the high loan interest rate, typically 14% to 18%.

In August 2015, when they complained about maintenance fees, they said that a sales agent tried to convince them to purchase another 10,000 points in order to achieve Platinum level. He said that by being Platinum, it would allow the couple to pay their maintenance fees with their points, as only Platinum members are allowed to use their points to pay maintenance fees. Then and now Platinum members can pay maintenance fees at $.04 per point, so if all 50,000 points were tendered, it would pay $2,000 towards a 2018 $8,631 maintenance fee bill.

If the family had agreed to the additional 10,000 points, they would have gone further into debt with little recourse. Based on hundreds of reported responses, if they had purchased the points, they would have been told, “You signed a contract” or “We are not responsible for what our sales agents say.” They have a daughter who just graduated from high school and has started college.

I spoke to the family not long ago. They relinquished their $60,000 worth of points that they had accumulated. They are still paying off the home equity loan.

Contact a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has resale value.

Property Man was preempted due to the 2016 election coverage, so our segment aired April of 2017. The Florida DBPR timeshare division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014, so ignore Pam Bondi.  Bob Massi and his advice on timeshare resales:

https://www.facebook.com/RealBobMassi/videos/1041694629230338/

From FOX I stumbled onto Jim Cramer of Mad Money’s investment news service TheStreet, where remarkable editors, possessing the patience of Job, provided a crash course in editing.

https://www.thestreet.com/author/1684637/irene-parker/all.html

A member who submitted an article to Inside Timeshare introduced me to Whistleblowers of America https://whistleblowersofamerica.org/. Accepting an invitation to attend a Whistleblowers Summit in Washington DC this year, I was introduced to OpEd News:

https://www.opednews.com/articles/Witness-to-Las-Vegas-Octo-by-Irene-Parker-America-181030-359.html

And of course, there’s Charles Thomas at Inside Timeshare in Spain and Wayne Robinson in Malaysia and Wayne’s book.  I was honored to edit and write the Forward. Everything About Timeshare, Before. During and After the Sale

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

So all in all, I’m getting great value from my timeshare points measured in the people I’ve met, readers who read my articles, and the gratitude from members who are grateful for straight answers. We especially appreciate our Facebook administrators and our growing team of members helping other members. I do believe we are a disruptor and hope our efforts will benefit sales agents who sell the product honestly, as well as forestalling new buyers and existing members from making a decision that has financially devastated more than a few families. When sold honestly, timeshare provides years of fun for friends and family.

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://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene for getting this article out to us so quickly, it is difficult to replace an article at such short notice, but at least the timeshare company did respond and for that Inside Timeshare was happy to replace the original one.

That’s it for this week, join us again next week our last one before Christmas.

To all our readers have a great weekend and remember to do your homework before engaging with any company that contacts you or that you have found on the internet.

More Fake Procurators Identified

Tomorrow we will be publishing another “Nightmare on Timeshare Street”, by another Agent Orange Disabled Veteran, David Althage, who is being forced into a Timeshare Foreclosure, The article has been edited by Irene Parker.

Moving on, Mindtimeshare has shared new information on yet more “Fake Procurators” working alongside the “Fake Law Firms” which we have dubbed The Litigious Abogados Family. As our regular readers will know this plethora of “fake lawyers” has been running for around 3 years, every few months they change name and websites, yet all the websites are identical. All money they require from “clients” has to be paid to a Procurador, and there have been many of these surfacing.

The first is named as Carlos Gregorio Ingramo, very similar to one we named on 31 July CARLOS RIHOM IGRAIM and another on 11 December, Carlos Gabriel Salva Imgran, must admit they are very creative with the names they use.

Carlos Ingramo has a website

http://procuradores-ingramo.com/

Registered on 19 November 2018 and set to expire on 19 November 2019, so very new indeed. Once again the registrant is hidden so we have no idea who it is.

They show no telephone number but do have an email address: [email protected]

The address they show on the website is totally false and cannot be found on any maps search of Tenerife:

Calle Delmante 8, Edificio Kaleta, 202C, 38001, Santa Cruz Tenerife

The second “Fake Procurador” is named as Miguel Earas Raya, with the website:

http://procuradores-raya.com

Registered on 19 November 2018, due to expire on 19 November 2019, and yes you guessed it, the registrant is hidden.

No Telephone number but an email address:

[email protected]

The postal address is:

Calle Alamo 6, Edificio Watama, 161C, 38002, Santa Cruz, Tenerife.

Which again is fake and cannot be found on any internet map search.

The third one today is, Abel Deraza Tabreul, with the website

http://procuradores-tabreul.com

Registered on 26 October 2018 and due to expire 26 October 2019, once again registrant is hidden.

No telephone number is shown, but the email address is:

[email protected]

As with all these email addresses they are not linked to the websites, but are free email address providers.

The address given on the website is:

Calle Delatar 6, Pulgadas, Edificio Estresha, 403, 38001, Santa Cruz

Another fake address that cannot be found on any map!

All these are “FAKE”, they do not exist, somehow they have been able to set up bank accounts for you the unsuspecting client to pay in your hard earned cash.

If you are contacted by any of the “fake lawyers” or “fake Procurators” that we have highlighted in previous articles, then contact Inside Timeshare and let us know as much detail as possible.

To check all articles we have published, use Litigious Abogados in the search box, this will bring up all articles published, beware there are a lot of them.

Want to know if any “lawyers”, “claims companies”, “procurators” or any company that contacts you is genuine, use our contact page and gives us as much information as you have, we will then do the relevant checks and let you know if they are genuine or fake.

Remember, doing your homework is essential, there are many more “fake and scam” companies out there, with many more emerging each week. We need your information to identify them and warn others.

Join us tomorrow for our weekly Letter from America and another “Nightmare on Timeshare Street”

The Tuesday Slot

Welcome to our Tuesday Slot, this weeks article by Irene Parker looks at a possible “Special Assessment” which may be levied against Diamond Hawaii Collection members and something she terms as the “Ping Pong Up-sell”. This is something we have heard about from readers on numerous occasions.

After our article yesterday on the “Fake” Procuradur and Lawyers, Inside Timeshare has already had several emails from readers who have thanked us for bringing this to their attention, they had been contacted by the “fake” firms mentioned and were almost taken in by them. Thankfully they decided to do a search on the internet and found previous articles as well as the one published yesterday.

This really does go to show how cautious you have to be when being contacted about your timeshare, the “pitch” is always very convincing and plays on the fact you will get back thousands. For many of these owners this is very tempting, as they tend to be elderly and can no longer afford the maintenance fees or even be able to travel.

Now on with this weeks article.

Beach Erosion in Hawaii and The Ping Pong Up-sell

By Irene Parker

December 11, 2018

I read a RedWeek post last week written by a Diamond Resorts member asking about a $6,000 special assessment they were told was to be levied against Diamond’s Hawaii Collection in 2020 due to beach erosion. Diamond sells their points as Collections, so there is a U.S. Collection, a Hawaii Collection, and a few others. The RedWeek post:

Has anyone heard of an upcoming assessment to repair the beach erosion? I recently attended an update meeting and was encouraged to get out of the Hawaiian collection. I was told that in 2020 owners will be charged an assessment to repair the beach erosion. My assessment was estimated to be around $6,000.

The poster apparently was attending a presentation on the U.S. mainland, because the sales agent told her she should not have purchased Hawaii Collection points due to the anticipated levy of a $6,000 special assessment.

As I was reading the post, my phone rang. Coincidentally the caller happened to be an ocean engineer who called because he was concerned that his elderly parents had purchased timeshare points, told if they did not give up their deeded timeshare with another company and buy points, their heirs would be responsible for the timeshare. This is a common complaint and almost always not true, but beyond the scope of this article. A recent article entitled the Heir Scare, our Halloween edition:

http://insidetimeshare.com/fridays-letter-from-america-27/

The ocean engineer’s professional opinion:

My suggestion would be to ask Diamond for documentation to support the additional charges. For instance, it is reasonable to ask if the funding is for future flood protection that might be afforded by a beach nourishment project. Alternatively, inquire if the money might be required to pay for damage that has already occurred to structures or to restore a previously eroded beach.  If the assessment is intended for a beach nourishment project, it is likely that arrangements are in place for cost sharing between local stakeholders and government entities. Participation by a state or federal agency is an opportunity for those impacted by the additional billing to independently verify the project cost. The cost and scope of government efforts are a matter of public record, and learning the particulars is typically as easy as calling the project managers. If difficulties are encountered, the public has recourse in filing either federal or state Freedom of Information Inquiries.

In addition, 2020 is too far out to predict with any sort of fidelity. Concrete financial planning numbers at this stage are unlikely. There is an effort to have cost sharing between stakeholders and the federal entities. I have not heard of a federal project in Hawaii. It could be state, but most major beach nourishment projects are underwritten in part by the federal government. I have not heard of a state paying for damages from a flood.  The member needs to know what the assessment is for, in more detail than just beach erosion. Is it for protection or for damage that has already occurred? One is flood damage expense, the other is flood protection afforded by beach nourishment projects.

As I understand it “water intrusion” would be the responsibility of the timeshare developer, as water entered the property. Beach erosion is a natural, or some say a climate change generated phenomena, with the responsibility most likely in the hands of the federal government, but possibly the state.

This switch from one Collection to another is a common complaint. It’s been reported so frequently I have termed it “The Ping Pong Up-sell.” Numerous members have reported that they were told they should have not purchased U.S. or Hawaii Collection points, depending on which side of the Pacific they are sitting. We have categorized about 400 of the over 500 complaints.

One former Diamond member reported that her Virginia Diamond sales agent showed them pictures of decaying Hawaii air-conditioners as the reason they needed to switch to the US Collection from the Hawaii Collection.  

Roy Simmons and his wife are in the painful and demeaning timeshare foreclosure process. Mr. Simmons is a Navy veteran, living on a letter carrier’s pension. Mr. Simmons switched back and forth from the U.S. to the Hawaii Collection, ending up with $2,700 a month in Diamond loan payments. In his YouTube, which has had over 2,000 views, Mr. Simmons explains the reasons why he switched from:

  1. The U.S. Collection to the Hawaii Collection, then
  2. About six months later after this switch, Mr. Simmons switched from the Hawaii Collection to the U.S. Collection. According to Mr. Simmons, the Florida sales agent asked, “Why Hawaii?” The sales agent said the interest on their loan payments should be about $200 to $300 less in the U.S. Collection because Hawaii has hurricanes, and in the past, damage from the hurricanes had been expensed to members. He said they might have to pay thousands in special assessments.
  3. About six months after that, they traveled to Hawaii and were asked, “Why U.S. Collection?” “It was true the interest on our loan payments did not decrease by $200 to $300 a month, only $20 to $30 per month, and because we purchased more points, we ended up with $2,700 a month in loan payments. We always enjoyed our Diamond points,” said Mr. Simmons.

Mr. Simmons’ YouTube:

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

Diamond’s Kauai Poipu Resort did experience water intrusion damage in 2012, which prompted a lawsuit filed by owners.

https://www.tripadvisor.com/ShowTopic-g60625-i1817-k5926954-Settlement_Reached_Between_Diamond_Point_at_Poipu_Owners-Poipu_Kauai_Hawaii.html

I asked attorney Mike Finn his opinion concerning special assessments of this nature:

I essentially agree with your engineer’s comments. The owners would be called upon for a special assessment if it was a water intrusion issue, as it would be assessed to them by the property owners association.

The legal issue regarding Poipu Point was the obvious mismanagement from the association’s management company in failing to prevent the water intrusion and/or failing to remedy the situation once it was discovered. The management company failed in its duty to pursue the insurance claim as well, perhaps realizing that their poor maintenance was probably the source of the problem and that was not covered by insurance.

As to the association’s responsibility for beach erosion, that would be quite a stretch and should be challenged by any board members not in the pocket of the developer. Maintenance of the beach should not be an association issue. That sounds like a salesman’s scare tactic.

As always, Inside Timeshare knows there are many Diamond timeshare sales agents that sell the product properly, and we hope the company will consider that Mr. Simmons may be telling the truth. We hear from senior after senior, contemplating foreclosure. I have listened to many tears.

Self-help timeshare groups we feel are not industry influenced and our mission statement:

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://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene and also a big thanks to attorney Mike Finn for your contribution, we are sure that this article will be of great interest to many Diamond Members.

If you have any comments or wish to contribute an article, then contact Inside Timeshare, we would love to share them with our readers worldwide.

Have you been contacted by a so-called law firm or claims company with a story that your timeshare company has been or is being taken to court?

Have you been told that your name is on a list of creditors owed money which the court is holding, due to a purchase you made years ago?

If so, then use our contact page and let us know, be safe rather than sorry, get the facts before you pay any money. Do your homework, you know it makes sense.

Start the Week: More Fake Procurators and Lawyers Emerge

For a long time now Inside Timeshare has been running many articles on the “Fake” law firms we have dubbed The Litigious Abogados Family, each time there then follows the names of “Fake” procurators, who will require payment to bring your case to court.

Well as you can guess, there has emerged a very new name to add to the growing list, Carlos Ingram Procuradoria, the address they give in the website:

Calle Metas 3, Edificio Aldesa, 197B, 38003, Santa Cruz, Tenerife

It does not even show on Google maps, the only thing genuine about the address is the postcode 38003, which is in Santa Cruz de Tenerife.

This “company” set up by Carlos Gabriel Salva Imgran has the website

http://procuraduria-imgran.com/

which incidentally is the same layout as the one for

http://procuradores-alinas.com/

which we highlighted in our article on 12 November.

The website for Carlos Gabriel Salva Imgran, was registered only on 27 November 2018 and is set to expire on 27 November 2019. So, for a so-called procurator a very short lifespan indeed. The registrant is hidden by a privacy protect company and is registered in Panama.

They also show no telephone numbers or any details of company registration or even if they are members of any professional associations, although we have been given the following email address:

[email protected]

Which is once again one of those free email address providers and not linked to the website.

This particular “procurator” appears to be linked to Abogados Litigacion with the CIF Number A12475921 and the address:

Calle de SAN. Francisco, Número 6, Santa Cruz, 38001-38002, Tenerife.

The telephone numbers given are:

Freephone: 0800 862 0036

Tenerife Tel: 0034 822 684 562

With email addresses, again free email providers not linked to the website:

[email protected]

[email protected]

All of these are exactly the same as those for another “fake” law firm we highlighted on 22 October 2018 called Abogados Litigación España, with the same founder

Juan Drimelas Deolaro.

The website http://abogadoslitigacion.com was registered on 26 October 2018 and again is set to expire on 26 October 2019 along with a hidden registrant.

Although the photo of the founder is the same as before, we do have three new lawyers and contact lady:

Armando Loanta Ombididani, currently unidentified.

Juan Ferroli Onogano, who is actually Juan Blanco Dávila the legal and regulatory director for the Andean area and Chile of the Ferrero Group

Albero Koeta Mortoyal,  a Colombian lawyer called Juan Oswaldo Martínez.

Manuela Taloran Delnat, who we have identified as Natalia Pastorutti, who gained her law degree from the Universidad del Salvador.

So there we have it, more new “fakes” to be wary of, as and when we come across the new incarnations we will publish those here. This does show you the need to be be very careful with any “Law Firm” that contacts you about your timeshare, or even one you may have found on the internet. Do your homework, if you are not sure what to look for, use our contact page and we will help you find them.

Friday’s Letter from America

Welcome to this weeks Letter from America by Irene Parker, it is appropriate that today on this special occasion in the US we publish our Veterans “Nightmare on Timeshare Street”. You may also be familiar with some of the names, as we have published their stories in the past.

 

Pearl Harbor Day, December 7

Never Forget

By Irene Parker

Yesterday America mourned the loss of 41st President George H. W. Bush. We pause today to remember Pearl Harbor and all veterans and active duty service members.

Tom E. (Tommy) Unger was my best friend and fellow Rotarian when I lived in Hawaii. The picture above is from his book, Max Schlemmer, Hawaii’s King of Laysan Island. I can think of no better way to honor my friend than to promote his book about his grandfather, a whaler and later a superintendent of a guano mining operation on Laysan Island, one of the Northwest Hawaiian Islands about 800 miles from Honolulu. I wrote Never Forget and then remembered Tommy’s book. I dug it out of the bookshelf and read his inscription, “To Irene and Don – who gave me a midnight ride to the hospital. Dear friends I shall never forget. Aloha, Tom E. Unger. This happened after a couple martinis did not sit well with Tommy’s heart medication. It felt like Tommy answered me.

Tommy grew up across the street from Roosevelt High School, becoming one of Roosevelt’s star football players. Following in his footsteps, grandson Max Unger plays NFL starting center for the New Orleans Saints.

From Tommy’s book cover, “Tom saw action during the Pearl Harbor attack as a civilian rescue worker. He received a Purple Heart and a Combat Commission during three Italian campaigns.” Visitors to Pearl Harbor were greeted by Tommy as they settled in to watch the film describing that day. He gave lectures and acted as a guide at the Visitor Center at the Arizona Memorial until his passing. Credit for photo: Donald J Johnson

Inside Timeshare has heard from 86 veterans and active duty service members who have described astonishing accounts of unfair and deceptive timeshare sales practices. Several of the veterans are disabled. Below I list five Agent Orange veterans, including Leo Gomez who passed away at age 72 in November, battling pancreatic cancer and his timeshare contract. I think of Leo often given the number of times I talked to him the last month of his life about his timeshare. The company responded that I am a “self-styled” so-called, third party (not an attorney) “advocate” with “clients” who purports to assist members in exiting their contract. I am a human being with a conscience, who is incapable of hanging up the phone when a distraught fellow human being contacts me in distress. It’s called having a soul.  

Listed below are five Agent Orange exposed veterans who have contacted me, describing extraordinary accounts of deception, perpetrated by timeshare sales agents. Timeshare company representatives will call their accounts allegations. I don’t. Based on a volume and a pattern of complaints, I believe war heroes over repeat offender timeshare sales agents. This volume and pattern of complainants together I believe establishes and overcomes the “you have no proof” denials offered by the companies purporting to care about their customers, and some regulators, together allowing deception to continue unchecked with “You have no proof” auto-denials.    

I want to also thank Whistleblowers of America for supporting our efforts. They included our timeshare report at the Joint Committee on Veterans Affairs March 14, 2018.

https://whistleblowersofamerica.org/

Please remember WoA this Holiday season.

  Speak Truth to Power

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group™ which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Our five Vietnam Agent Orange exposed veterans:

   

Mr. David Althage is the 5th Agent Orange exposed veteran harmed by timeshare. We are currently reaching out to the company hoping they will help Mr. Althage.

My name is David Althage and I am a veteran of the Marines. I served from 1964 to 1968 and ended up as a Corporal E4. I spent most of 1965 and 1966 in Vietnam and my specialty was machine gunner which I did on the ground and also as the door gunner on helicopters. I was wounded twice and I have also suffered from the cancerous effects of Agent Orange on my skin. All of that seems a lifetime away as my wife and I have been settled for many years in Missouri. These days I repair mobile homes for work, and I keep going at this even though I am now 73. I do not have retirement or a pension. I only have social security.

#2 George Yamada, 70% disabled, bought timeshare points as an investment – George is a pension administrator

https://www.opednews.com/articles/Let-s-Honor-our-Veterans–by-Irene-Parker-Fraud-180908-59.html

#3 100% Agent Orange disabled, Purple Heart, shot in Vietnam, company resolved the timeshare dispute.

#4 Danny Wolfer, up-sold by a timeshare sales agent we have received 20 complaints against. Mr. Wolfer is 100% disabled, issued a $170,000 IRS 1099 due to timeshare foreclosure. Danny’s son contacted us about the 1099 after his dad had been foreclosed. We helped him resolve the IRS liability.

#5 Leo Gomez, earned two Purple Hearts, with one month to live, battled pancreatic cancer and his timeshare – Sadly Leo passed away November 9, 2018.

https://www.opednews.com/articles/A-Fourth-Agent-Orange-Vete-by-Irene-Parker-Fraud-180917-513.html

Thank you to all service members, especially those who have sacrificed their life and health, to protect even those who seek to do them harm.

Leo Gomez

If you have a timeshare story, positive or negative to share, contact Inside Timeshare. We know there are many honest sales agents who have sold timeshares to many who use and enjoy their timeshare. We are not disputing that. One former sales agent and executive is Wayne C. Robinson, author of Everything About Timeshares, Before, During and After the Sale. Wayne is himself a Navy veteran, a former Navy journalist, and now a champion for those who feel they have been harmed by unfair and deceptive timeshare sales practices that Wayne witnessed during his timeshare career. Please consider Wayne’s book on your stocking stuffer list. It’s the perfect size!

  

https://mailchi.mp/c17d6bca8662/here-is-a-christmas-gift-you-were-not-expecting

Timeshare self-help groups we feel are not industry influenced:

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://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

If you have any comments or would like to share your “Nightmare on Timeshare Street”, please use our contact page, Inside Timeshare would love to hear from you.

Have a great weekend and join us again next week.

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