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The Tuesday Slot

Welcome to The Tuesday Slot, this week we welcome another new contributor, known only as “Industry Observer” as he wishes to remain anonymous. The introduction is once again by our very own Irene Parker, who was very excited to have this published, as it is from someone who has watched the industry for many years even though he has never purchased. It is certainly a very welcome independent insight into the timeshare industry and sales presentations.

Firstly a little news provided by Canarian Legal Alliance, they are certainly going to be keeping the courts busy over the next month.

At present they have in various courts around Spain 75 pre-trial scheduled, the three main timeshare companies are Anfi on Gran Canaria, Silverpoint on Tenerife and Club la Costa who have resorts on mainland Spain and the Canary Islands. Pre-trials are basically a formality and a last chance for a settlement to be reached before the case goes to a full trial. At the Courts in Maspalomas, Gran Canaria, 4 judges have been dealing with cases at this stage and issuing sentences without the need to go to a full trial. They have sat on so many cases now that they feel it is a waste of the courts time to set full trials. This has certainly speeded up the process for many clients.

Along with the pre-trials, the are 26 trials to he heard against the same timeshare resorts, again at various courts around Spain. We hope to bring you news of the conclusions as and when the cases are concluded and the judges issue their judgements.

One of the many complaints that Inside Timeshare receives from readers about their timeshares is the number of resorts that are advertising on the internet and the various booking websites.

This was sent to Inside Timeshare from one very angry reader, (see link below), it is for Select Marina Park, Mijas, Costa Del Sol. This is a Club la Costa Resort, which as we know is not a cheap timeshare to buy. It also uses the points system, which has been deemed illegal by the Supreme Court on many occasions, the reason is that it lacks any substance.

What that means is that you do not actually have any guarantee of booking your holiday accommodation, it is subject to availability. Yet this resort is being advertised on hotels.com for a fraction of the cost of the exorbitant maintenance fees that owners / members are required to pay annually, on top of the original extremely high purchase price. Is it any wonder that so many timeshare purchasers want out of their contracts!

https://uk.hotels.com/ho278895/?q-check-out=2019-02-24&tab=description&q-room-0-adults=2&YGF=14&q-check-in=2019-02-17&MGT=7&WOE=7&WOD=7&ZSX=0&SYE=3&q-room-0-children=0&fbclid=IwAR1grWTKZjEyb8FbVqjn5cSw_7EABpY-akPpfUEq9Z51wfQ_LSmrzDgiTVs

Now for our Tuesday article.

Why at Age 70 I Have Never Attended a Timeshare Presentation

Introduction by Irene Parker

Timeshare members are always grateful when a member who has been through the complaint or foreclosure process, thinks beyond their own Nightmare on Timeshare Street to support others. There is nothing more frustrating than groveling before timeshare customer service representatives who dismiss complaints of unfair and deceptive sales practices with, “You signed a contract” or “We are not responsible for what our sales agents say.” Our deepest gratitude to the author of today’s article who has been keeping Charles and me informed of industry developments over the past two years so we can in turn pass that information on to our readers. He has never owned a timeshare.  

By an Industry Observer

January 22, 2019

I have been a timeshare industry observer since 1985. I have concluded that timeshare is not for me. I shun contracts (especially perpetual ones) and I don’t plan very well in advance. For those with disposable income and the ability to plan, timeshare may be a rewarding experience. However, I would advise looking to the resale market for the best bargains. And, I would study the industry before dipping my feet in the resort pool.

In 1985 my wife and I were at North Myrtle Beach, South Carolina on our first beach vacation. Upon leaving the supermarket, I noticed a flyer underneath our car’s windshield. Similar flyers were under all the out-of-state car windshields. The flyer offered a $40 gift to preview a new resort in North Myrtle Beach. Husband and wife were required to attend. A minimum income of $30,000 was required, as well as a driver’s license and credit card. Military couples with a certain minimum grade level were also welcome. I thought, “Why do they have to pay people to go see something for sale?”  People don’t get paid to look at houses or condos, and condos were quite the rage in Myrtle Beach in 1985.

I filed this experience in the back of my mind. It would reemerge numerous times in the future. On subsequent vacations to Myrtle Beach, Virginia Beach, Charleston, Orlando, Branson, and of course, Las Vegas, I would become more than aware of the smiling faces of OPCs who wanted to be my friend to get me to attend a tour, open house, remodel, new resort – whatever. Each approached us at a boardwalk or a booth, often a hyped-up boy or girl who had something special to share with me for only a few minutes of my time (90 minutes). I always reacted poorly to these solicitations since #1: I was on vacation and #2: I am not a real estate guy.

Fast forward to 2012 – I was in the midst of closing a company that I had run for 24 years. The economy had been unkind to the printing industry. I had to close the doors to my tiny empire and move to an early retirement. Fortunately, I could afford to do so. In 2013, finding myself with time on my hands, I decided to study the timeshare industry which had been in the shadows of my vacations. Three of my friends owned timeshare in different systems. I had quizzed them on their experiences. One loved his relationship.  The other two had mixed feelings about whether the process was worth it.

I began to google the names of timeshare operators along with keywords – problems, complaints, regrets, and lawsuits. Come to find out, there were a lot of people who bought timeshares that either didn’t want them or felt they had been duped into buying them. As mentioned, many are satisfied with their purchase, but it appeared many families had been financially harmed by their decision to buy a timeshare.

I have spent five plus years spending an hour or two a day on sites like TUG, RedWeek, Inside Timeshare, Inside the Gate, YouTube, and complaint sites. I developed a theory as to how the timeshare companies succeed in plying their trade.

Here are my simple conclusions:

First:  It starts with a bribe. It may be money, food, gambling, discounts, shows, or trips. Prospects are offered something of value by an OPC (outside person contact) for attending a presentation.  David Siegel, Jr. of Westgate timeshare fame, has termed prospects “mooches.”

https://www.youtube.com/watch?v=Y_gFaO11sNY

Second:  It is seldom the promised 90 minutes. The goal is to play a game of attrition. The longer the interview, the better the chance of capitulation – the customers will buy SOMETHING even when there may be an agreed upon pact not to buy. There is a good possibility that the prospects will break down and sign just to get their gifts and get out the door.

Third:  There will be more than one presenter. First is the “greeter” who will become your friend. They need to see your driver’s license and credit card. The driver’s license is to verify the family relationship and the credit card is to run a credit check. The credit check may be an unwanted surprise. The first sales agent will extol all the virtues of membership. If there is no bite, he/she will get approval to lower the price. After the initial sales agent, comes the manager or “closer.” He/she is out to make sure a sale happens. The friendliness will have worn thin. Prices will be reviewed and maybe lowered again. The sale needs to be made. If no sale has ensues, then comes the “survey person.”  He/she will review the presentation, the offers, and reasons for not buying. He/she will try one last attempt to sell an exit package. It may be a “discovery” “trial” or “sample” package. This will allow the prospects the chance to check out the resorts in the system, but requires another presentation. Trial packages are limited in scope and availability.

Fourth:  The whole job of the sales team is to make a SALE and that sale needs to be made TODAY. They know no one comes back later to purchase a timeshare. The sales team is on commission. They don’t eat if they don’t sell.

Fifth:  Truth may take a back door to the need for a sale. There is a clause in most, if not all timeshare contracts, that says the prospect did not rely on verbal representations to make their purchase. How many of us have relied on the ethics of the salesperson sitting across from us when buying a car, boat, condo or house? In Florida timeshare sales agents are licensed sales agents but they are exempted from the ethics requirement! It’s pretty scary if you can’t rely on ethics.

The terms of the contract are in the contract – not in the words of the salesman. The salesman may say that the company will buy back your timeshare. They won’t. He/she may say that the timeshare will go up in value. It will not.  He/she may say that you can go anywhere at any time. Complaints about availability abound. Attorney Mike Finn called this verbal representation clause a “license to lie,” and the beleaguered buyer unwittingly signs voluminous documents containing this one toxic sentence timeshare companies over-rely on.

Sixth:  Most timeshare contracts are perpetual. Once the three to ten day state contract rescission period is up, the buyer may have no other option but to pay the mortgage and maintenance fees if they cannot convince the timeshare company to break the agreement. It can be sold or given away, but the marketplace is almost non-existent. A default can have dramatic consequences on one’s credit score.

Seventh:  Sales people will make sure that no hand-written notes leave the room. False promises are not in the contract. The contract is long and initialed in many places. There are three things to be especially aware of.

  1. There is often a clause that says the company can change the terms and conditions of the contract whenever they want. Why even have contracts when benefits can be changed at any time?
  2. Accommodations are subject to availability. There are many complaints about lack of availability. Actual availability often cannot be verified until the buyer has access to the booking site, conveniently after the rescission period has expired.    
  3. These days contracts are often signed electronically, meaning your initials are stored and then tapped, tapped, tapped on a cheap tablet even tech savvy buyers find hard to read.

Eighth:  Timeshare contracts have a rescission period, which varies by state. It may be three to ten days. There are creative ways sales agents and their company can dodge the rescission period. A new program to be relieved of maintenance fees (that doesn’t exist) won’t be available until after the first of the year. While on vacation, sometimes with the kids, reviewing complex contracts can be a difficult chore. Sadly, even reading the contract doesn’t always disclose some of the pitfalls, like availability.

Ninth:  Roughly 50% of the cost of a timeshare purchase is the marketing, promotion, and commission costs. Think about it. If you list your house for sale, you pay 6% or 7% commission. What would happen to your home price if you had to pay a 50% commission to buy? Add that to the false promise that your timeshare is easy sell and you have a disaster waiting to happen. Sellers are lucky to get 10% of their initial investment back, thanks to the lack of an adequate secondary market. Timeshare developers don’t even want the timeshare back. You may even have to pay the developer a fee to take the timeshare back.

Ten:  Timeshares can be purchased on the resale market for pennies on the dollar. Sites like Tug2.net, Ebay, and Redweek have real people selling real timeshares for bargain prices. You can check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has a secondary market value. They can explain the pros and cons of buying from the secondary market compared to buying directly from a timeshare sales center. Plus LTRBA members have knowledge of all timeshares.

Don’t jump. Don’t believe you have to buy TODAY. Research the company. Research the industry. Social Media is here to stay. Chances are there is a member Facebook page out there for the timeshare you are considering, with members reporting positive and negative experiences you can evaluate. Do your timeshare math to calculate the purchase price, borrowing costs, and annual fees, not to mention special assessments. Check the resale market.

Vacation Smart!

Thank you to our Industry Observer for his observations. Here are a few member sponsored sites to check with to determine if you are jumping into your vacation dream so that you don’t end up one of our Nightmare on Timeshare Street authors:

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 the introduction and a very big thank you to our industry observer for this article and all your information over the past two years.

If you have any comments on this or any other article, please use our contact page, we welcome your insights.

If you need any information about any company that has contacted you, that you have found on the internet or from an advert in a publication, then again use our contact page and we will help you do your credibility checks. Remember, doing your homework is one of the most important ways of saving you from losing your hard earned cash.

 

The Tuesday Slot

Welcome to this weeks Tuesday Slot, today Irene Parker looks at what constitutes proof when making a complaint, this is something Inside Timeshare has heard from the many readers who have reached out with their “Nightmares on Timeshare Street”, “you have no proof”. Attorney Mike Finn also gives his view on the subject, as usual his contribution is clear and concise.

Some Timeshare Regulators Respond: You have no proof

What is Proof? Strength in Numbers

By Irene Parker

Tuesday January 15, 2019

Rule 406 – Habit; Routine Practice

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

There are volumes of timeshare complaints and a sizeable timeshare exit industry created by the lack of a secondary market and by the practice of “pitching heat” which is defined by the industry as the practice of unfair and deceptive timeshare sales practices. It is a term well known and unique to the timeshare industry.

Why do some state Attorneys General pursue complaints based on a volume of complaints, while Florida’s timeshare division, the Department of Business & Professional Regulation (DBPR) and Nevada’s Real Estate Division (NRED) dismissed all of our readers’ complaints with, respectively, “Verbal representations are hard to prove” and in Nevada, “You have no proof.”

Not all Attorneys General turn a blind eye. Outgoing Connecticut Attorney General George Jepsen recognized the problem in Connecticut, nowhere near the hotbed of timeshare sales as Florida or Nevada. Still, any regulator speaking up to support the reduction of unfair and deceptive sales practices in the acquiring or the disposing of a timeshare is appreciated. Timeshare complaints rank second on the list of complaints at the Connecticut Attorney General’s office.  

https://www.nbcconnecticut.com/news/local/Timeshare-Troubles–What-To-Do-Before-You-Buy-and-Sell-504017151.html

So what does constitute proof?

After hearing from 659 timeshare members, including 94 veterans or active duty service members, the best item of proof I can determine from the illustration above is probable cause: facts and circumstances that would lead an ordinary person to believe. We have compiled a summary report of 71 highest loyalty timeshare members who all describe how they were up-sold into insolvency, believing sales agents who told them that by buying additional points they could sell points or be able to pay maintenance fees. These programs did not exist. I find it hard to believe anyone with an ounce of common sense could read this 135 page report and not conclude these previously loyal members had been duped. I have sent this report to Senators, but they seem to feel “They signed a contract” suffices. Influential lobbyists likely play a part.

I asked attorney Mike Finn about proof. According to Mike, proof is anything that a trial judge receives from the witness stand or by the introduction of a document. “It is up to the judge to decide what is relevant – the testimony can be either oral or documentary. A judge may or may not deem the testimony allowable as evidence, but don’t undersell oral testimony,” Mike explains. “As stated in Rule 406 above, is the evidence presented of a common theme or is there a consistent pattern of complaints? It may still be hearsay, which makes it less reliable or relevant, but a summary report from 71 high loyalty timeshare members, all testifying that they purchased for similar reasons, reasons that did not exist, may very well be credible. Trial judges have a lot of discretion or latitude to render a decision over what is relevant or not relevant. Oral proof can serve as proof.”

One obstacle is that about half of the 71 highest loyalty timeshare members signed a non-disclosure agreement. Does that mean they cannot share their experience in a court of law? According to Mike, “There are times when a disclosure can be made despite the witness having signed an NDA. Even if a subpoena cannot overcome an NDA, the fact that all of these people filed claims and prevailed after signing a confidentiality agreement, would present a common intent, plan, scheme or motive that encouraged unfair and deceptive sales practices. It becomes more relevant when the practice has been reported time and time again. Everything is possible, but may not be probable. Not all judges see things the same way, but common intent does follow the rules of evidence. Rules of evidence are reliable and courts use them.”

In Florida, a two party state, both parties must be aware of an in-person recording, making proof even more difficult to come by. In Nevada, only one party must be aware of an in-person recording. Members should consider recording their sales session in states where this is legal.

It seems we keep circling back to the court of public opinion. Let the timeshare buyer be informed that all complaints that begin with, “The sales agent said” will be dismissed with, “You signed a contract.” Then at least the timeshare buyer would know they cannot believe a word a timeshare sales agent says. That at least would be fair and not deceptive, a level playing field.

 There seems to be in the timeshare industry a corporate culture that promulgates deceit. The sales agent deceives, the company responds, “You signed a contract” and when this response is seconded by the state regulator, there is, in effect, no regulation. One former timeshare sales agent described this process as a hamster wheel of recycled inventory, leaving the young, the old, veterans and active duty service members in the wake of timeshare foreclosure. Families are financially and sometimes physically devastated. Many seniors have reported weight loss, inability to sleep, and in one case, a heart attack, when questioned about the financial harm caused by buying a timeshare. It is ironic that vacation plans are supposed to reduce stress.    

Another question raised is whether the buyer signed under duress, after hour’s long sales sessions, provided only a 20 minute signing period for a buyer to review a document that the best lawyer could not review in less than a few hours.

Where do we go from here?

Strength in numbers – Keep sharing your stories.

We hope regulators, lawmakers and Wall Street will not turn a blind eye. We have heard form 659 readers, and these are only the readers we have followed along with resolution or lack of. There are thousands of Better Business Bureau complaints, lawsuits and Attorneys General investigations involving thousands of timeshare buyers. Let’s hope greater awareness will at least alert the consumer, the deck is stacked against them.

Self-help 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/

Thank you Irene and also a very big thanks to Attorney Mike Finn, Inside Timeshare is sure this article will help to explain to our readers the problems that many of them face when filing complaints. This is a huge problem not just in the US but also in Europe and the rest of the world. The one thing that can be said is that Spain has brought in laws to regulate the sale of timeshare, the industry had plenty of time to get their house in order, but as we know they thought they were above the law. Now they are finding the full wrath of the law and it is costing them millions.

For those who purchased timeshare in Spain, they now have the courts and judges on their side, no longer can the sales agents use misleading tactics to gain a sale. We are also seeing a very significant drop in the sale of timeshare, with many sales decks being closed down. The unfortunate side effect of this are the number of bogus claims companies getting on the bandwagon, using the law to dupe the unsuspecting owners. Many of these have been set up by former sales agents and managers and in many cases using stolen data of their former clients to “scam” them out of yet more money.

Whether you attend a presentation for a timeshare, receive a call about claiming or relinquishing or even find a company on the internet or advert in a publication, the advice is always the same, do not commit to anything until you have done your homework.

Fake Law Firms: A Growing List

Back in September 2016 Inside Timeshare highlighted two fake law firms, Litigar Abogados and Litigious Abogados, which began contacting timeshare owners with news that their timeshare companies were being taken to court. Since that time they have reinvented themselves with many new names.

The common factors with all the new incarnations have been the websites, all have been exactly the same apart from the new names and photographs of the fake lawyers. Even the logos have been very similar.

How they have all operated has also remained the same, the client is informed that their timeshare companies is about to be taken to court, for a fee to a fake procurator they can become part of that action. Within weeks the client receives a very convincing looking court document showing that the “Director” of the timeshare company pleaded guilty and the client has been awarded a substantial amount of money. The client also receives a photocopy of the check made out in their name to bolster this deception.

Unfortunately, there are now taxes to be paid before the money can be released by the court, the “tax” is 20% of the awarded amount. Once this “tax” has been paid, the client receives a letter by post, the thing is the letter has been opened and the cheque is missing, only a staple and a small fragment of paper is left on the letter.

Low and behold, the client receives another email from another company, they claim they have been appointed by the court to get the client their money back as the cheques was “cashed” by a foreign criminal gang. But again, in order to do this 10% of the cheques value must be paid.

All payments are also to be made by bank transfer and to a named individual.

As you can guess, once this is paid that is it, you will never see the money or hear from them again.

This whole fraud is a very clever and sophisticated one, all documentation looks very genuine, from the court documents, procurators and lawyers letters and the cheques. All bearing what look like official stamps and logos of various official bodies.

In this time, Inside Timeshare has been sharing and receiving further information with Mindtimeshare, the whole point was to publicise this fraud to a wider audience. Recently Mindtimeshare published a list of all the fake lawyers and procurators associated with what Inside Timeshare has dubbed The Litigious Abogados Family. This is Mindtimeshare’s list, as you can see it is huge.

24hnotificaciones                                                                      

Abogacia Española                                                                    

Abogados Abel Garcia                                                              

Amador Ganeca – Amador Juandoz Ganeca     

Abogados AG – Armando Gonzalez Areca                           

Abogados Amable Garcia                                                        

Abogados Canarias                                                                   

Abogados Galvera                                                                     

Abogados Litigacion España – JDD                                       

AG Abogados                                                                              

Alberto Kalimro Galvera Abogados                                       

Alberto Diendro Nabalez – Litigacion España                     

Alberto Rogalvera                                                                      

Alejandro Omross Procuradores                                            

Amador Galeca Abogados                                                        

Amador Ganeca                                                                          

Amador Malodan Galeca                                                          

Angel Alarcon Prieto Notario                                                  

Armando Gareca Abogados                                                     

Auxiliar Lawyers                                                                        

Auxiliares Lawyers                                                                    

Auxilium SA                                                                                

Bulganu & Valentin Asesoria                                                  

Carlos Igraim Procurador                                                        

Carlos Ingramo Procuradores                                                

Carlos Imgran Procuraduria                                                   

Darstun Jilmo Davida Procurador                                        

Davido Thursta Procurador                                                    

Daniel Marco Yariz Procurador                                             

Elias Elisa SA                                                                             

Elinabeta Yessica Elierz Procuradores                                 

Elisabetta Olias Asesoria                                                        

Embalori Abogados                                                                 

Emilio Leyes Catillianos                                                         

European Union Complaints                                               

EU Litigation Services                                                           

Fernando Holaci                                                                     

Ivana Birka Asesoria                                                              

Jessica Kiegle Procurador y Notario                                   

Juan Luis Partalabo Lawyer                                                

La Litigacion Española                                                          

Legalidad Abogados S.A.                                                       

Legalidades Abogados                                                            

Legalidades Tenerife                                                               

Legitimous – legitimos Abogados                                         

Litigacion abogados                                                                

Litigacion Espana SL                                                              

Litigaciones SL                                                                        

Litigar Abogados                                                                    

Litigious Lawyers -Litigious Abogados                             

Luca Linder Trust                                                                  

Luna Kinden Asesoria                                                          

Manuel Amas Conde                                                            

Manuel Cilavoz Varintos – Varintos Abogados               

Manuel Diralam Abogados                                                 

Manuel Hidualdo Abogados                                               

Marco Cravina Asesoria – Marco Carvina                        

Marco de Ciocci Translator                                                 

Marco Gravinal Procurador                                                

Miguel Mesa Martinez                                                          

Miguel Mesa Montoya                                                          

Nabalez Abogados – Alberto Dilendro Nabalez              

Notario Yari Marca S.A.                                                       

Owners Association                                                              

Paulo Finucie Asesoria                                                        

Paulo Morris Asesoria                                                          

Poveda Lawyers                                                                     

Procurador Ramon Juanco Comez                                    

Procurador Ramon Josardo Golmerz                               

Procuradores Alexander Bowross                                      

Procuradores Comerz – Ramon Juanca Comez              

Procuradores Golmerz                                                         

Procuradores Gomerz – Ramon Josema Gomerz           

Procuradores Gonzalez – Alfonso Emilio Gonzalez        

Procuradores Igraim- Carlos Rihom Igraim                    

Procuradores Omross – Alejandro Omross                       

Procuradores Salinas – Miguel Salinas Procurador      

Procuradores Raya – Miguel Earas Raya Procuradores  

Procuradores Tabreul – Abel Deraza Tabreul                   

Procuraduria Carlos Gregorio Ingramo                             

Ramon Mesa Gorrin                                                              

Ricardo Zanino Asesoria                                                       

Roberto Arturo Sanson Abogados

Rodrigo Hoya Asesoria

Simone Mesa Martinez Abogados       

Simone Meza Mendez                

Thirstun & Robi Claims Asesoria

Link to Mindtimeshare original article

Fake Lawyers in Tenerife, an enormous list of fake and fraudulent set ups!

If you receive a call or email from any of these or any company with a similar story that your timeshare company is in court and you can be part of the action, remember don’t pay them any money. Contact Inside Timeshare using our contact page and let us know the details.

The Tuesday Slot

Welcome to The Tuesday Slot, this week Irene Parker explains “What to Watch Out For” if purchasing a timeshare, we are sure you will find this very informative.

The Informed Timeshare Buyer – What to Watch Out For

“It’s not a sales presentation” Yes it is

“Did you get the letter?” There was no letter

“You have to buy today” No you don’t

These are unfair and deceptive sales practices

By Irene Parker

January 8,, 2018

“There’s no such thing as a timeshare expert,” Bill Rogers says, “the rules are always changing and there is always something new to learn.” The number one piece of advice Rogers gives to potential timeshare buyers is to do their homework. “There are countless stories of people who have had bad experiences with timeshares, but most likely, those are the people who didn’t take the time to educate themselves before they bought,” says Rogers.

https://www.budgettravel.com/article/050609_timeshares_4081

There are millions of timeshare members happy with their timeshare. However, many existing members may be unaware that their timeshare has little to no secondary market. A significant percentage of timeshare members who have reached out to us have experienced a life event that makes the timeshare unaffordable, or useless if unable to travel.

Deeding a timeshare back to the timeshare company without receiving any monetary value back may be acceptable when you have used the timeshare for many years, but what about the buyer who purchases a timeshare and then learns, sometimes just minutes, days or weeks after the rescission period has past, they experienced unfair and deceptive sales practices? There are numerous Attorneys General investigations, lawsuits, Better Business Bureau complaints, and  floods of internet postings making this assertion difficult to deny.

Timeshare buyers need to be aware of the handy oral representation clause timeshare companies fall back on to dismiss any complaint that begin with, “The sales agent said.” Since the timeshare sales agent understands this, there is, in effect, nothing to stop the lies, especially when some state regulators back the dismissal with their response, “You have no proof” or “Verbal representations are hard to prove.”

The most common ploy is to use scare tactics to convince a deeded owner to give up their deed and convert to points. Timeshare sales agents love to give estate planning legal advice without being licensed to practice law. “If you keep your deed your heirs will be responsible for the timeshare,” they warn. Don’t fall for this. I am not a lawyer, but have spoken with many lawyers on this topic, including my own estate planning lawyer. No timeshare member is required to give up their deed, unless all owners are required to do so because the timeshare is being terminated.

Do not pay anyone upfront money to get you out of your timeshare without checking with one of the self-help groups listed below. There are many scams created by the flawed points based product because of the industry’s success in restricting the secondary market. The old fixed week timeshares may have been less flexible, but at least avoided complaints about limited availability. You knew what you owned and were guaranteed the stay.

A member of the Licensed Timeshare Resale Broker Association can estimate what your timeshare may be worth. LTRBA members will not even accept a listing for the points I purchased feeling my timeshare points have no secondary market.

http://www.licensedtimeshareresalebrokers.org/

A Summary of Deceit

Omission and Concealment

You can pay your maintenance fees by charging to a credit card when only 1% to 2% of purchases can be credited towards maintenance fees.

Denial

“You were confused” is a frequent response. Adulterating an existing program somewhat similar to a real program, allows the defending customer service agent to provide the “you were confused” response.

Moving the goalposts

You didn’t buy enough points. One senior couple lost their entire savings, $13,000, and were foreclosed after being told the original points they purchased were worthless. They were not. They were sold a minimal number of points that they could have vacationed with, but then up-sold into a loan they could not afford, told they would lose everything if they did not buy more points. The Florida Senior Sleuths from the Senior vs Crime projects never returned phone calls. http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

Diversion

Diverting the conversation away from the perpetrator’s act and moving the conversation onto a different topic is a typical way predators manipulate their victims. This tactic is used to keep your credit card and ID by saying a manager will need to close out the presentation, which ends up restarting the presentation.

Isolation

It is far easier to keep a person under control if they are isolated from family members and friends. Timeshare sales agents are trained to not allow calls to an accountant, lawyer or family member.

Fortunately, members are helping other members take back their vacation. Our teams of supporting members, who have themselves been through our complaint process, remove the sense of isolation and shame felt after you discover you were duped. Of the 644 readers who have reached out to us, many have joined our efforts to bring awareness to practices that have been allowed to continue for far too long.  

  … For reading, responding and for helping others. Contact Inside Timeshare or these self-help groups if you need help or have a question you need answered.

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/

 

FTC Report on Fraud

https://www.ftc.gov/news-events/press-releases/2018/03/ftc-releases-annual-summary-complaints-reported-consumers

Thank you Irene as usual you have given us a simple guide on what to look out for, it is just a great shame that the developers don’t take notice and curtail their sales agents deceptive practices. We have often said this, timeshare could be a great product and if presented correctly it would sell itself, there is no need to use unethical practices, the only reason is greed.

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

Start the Week

We begin today with another new “Law Firm” that has made an appearance, Gospodin Associates, with the website:

https://gospodin-abogados.eu/

The contact details on the website are:

Avenida Playa Paraíso, Edf. Gran Azul, local 21, Adeje, Santa Cruz de Tenerife

With the following telephone numbers:

Mobil: 0034-678860242 ;

Telefon: 0034-922393845 ;

Fax: 0034-922393845

They show two email addresses:

[email protected]

[email protected]

There are no details on who has registered the website or when it was registered, all is hidden and not disclosed. This does not bode well considering that it is supposed to be a law firm.

The website itself gives no real information, in fact the menu bar does not even take you to any of the titled pages. Although scant information is shown on the Homepage, such as a very brief outline of who they are, what they do and then a meet the team.

The meet the team show three photographs of the following persons:

Constantin Razvan Gospodin, who is allegedly a Lawyer of Santa Cruz de Tenerife Bar and the head of the Legal Department of Gospodin and Associates. So far on the register of lawyers we have not located a lawyer registered by this name.

Kleiner Lopez Hernandez: Senior associate with vast experience. He is known as tireless and dedicated professional. Although there is a lawyer going by this name, his linkedin profile shows he has his own law firm

Elena Gonzalez Gonzalez: Listed as Procuradora de los Tribunales. According to legadoo.com there is a procuradora by that name.

As with many of the “fake law firms and claims” websites we have encountered over the past few years, we have found many of them to just pluck names from the internet and use their photographs without their knowledge. We just wonder if the same is true for these, Inside Timeshare will be trying to make contact with these lawyers and check with them. But the website and lack of information does look to be suspicious.

The website itself looks to be a landing page and lead generator, although Inside Timeshare does know that timeshare owners have been contacted by cold call.

As we get more information on this new “Law Firm”, we will publish and keep you informed, if you have been contacted by Gospodin Associates, use our contact page and let us know.

On Wednesday 2 January 2019, we published the article http://insidetimeshare.com/consumer-warning-joint-claims-victories-timeshare-resort-rescue/

Since then Mr Reece Turner, who does not seem very happy about the article has been using social media and messenger to make threats against Inside Timeshare and Canarian Legal Alliance, albeit very badly written and atrocious spelling.

This only leads us to believe that what was published is absolute fact, although we do have it on very good authority that it is the absolute truth, we also know that a report has been submitted to the Police and a crime number has been issued. After all, if Mr Turner is adamant that it is all “false”, then why not use legal means to have the article removed and an apology issued, rather than resort to childish and to be honest “criminal” threats, these have been saved as screenshots for evidence.

Turner has also used links to some very old and inaccurate articles which have been used to smear Canarian Legal Alliance in the past, all of which have been or are subject to legal proceedings.

Canarian Legal Alliance is already in the process of issuing court proceedings against Reece Turner.

Canarian Legal Alliance has informed Inside Timeshare that if any client has had any dealings with either of these companies and Mr Turner, that if they feel they have been victims and paid any money, to contact Inside Timeshare. We will pass this on to CLA who have offered to represent you FREE OF CHARGE.

Reece Turner

Tomorrow our Tuesday Slot is by Irene Parker, it is titled The Informed Timeshare Buyer – What to Watch Out For. We think that you will find this very informative, so join us tomorrow.

Friday’s Letter from America

Welcome to another edition of Letter from America, this week we publish another “Nightmare on Timeshare Street” which was originally published on 21 December 2018 but was withdrawn due to having to be changed. It is another story about the ongoing problem of Elder Abuse, Brenda Santos explains her parents “Nightmare”, edited by our very own Irene Parker.

The main character in today’s article is a name that has come up many times on Inside Timeshare, Rick Casper, a name that is well known around timeshare circles. Yet Diamond allowed him to continue his deceptive practices even though they should have known what he was doing, in this I believe Diamond is as culpable as Rick Casper.

We think that you will be shocked once you have read this article, so without any further ado, on with the last Letter from America before Christmas.

Why I Feel My Parents Experienced Elder Abuse

Their Encounter with Diamond Resorts and Rick Casper

By Brenda Santos, a daughter and Irene Parker

December 21, 2018

January 4, 2019 Retraction by Irene Parker

Diamond Resorts, via the Duane Morris law firm, has demanded that Inside Timeshare publish a retraction due to a misinterpretation of a sentence in the italicized paragraph below.

We mistakenly stated that Dan Percy allegedly sexually assaulted Rick Casper’s fiancée at Diamond CEO Michael Flaskey’s penthouse, when the alleged sexual assault, according to Rick Casper, took place in their guest accommodations. It was my understanding Michael Flaskey’s penthouse was the same property as the Villa, in other words, the Villa and Michael Flaskey’s penthouse were one and the same.

After receiving the letter objecting to the statement, Charles Thomas immediately deleted the offending sentences. However, Duane Morris/Diamond has demanded a retraction we thus provide.

We apologize for the misunderstanding. Our intent was to shed light on the actions twenty Diamond members contend were perpetrated by Rick Casper. The alleged sexual assault was mentioned because Rick Casper alleges he was fired for reporting the alleged sexual assault to Diamond’s Human Resource department, not because he created reasons why existing member had to buy additional points.      

The actual wording in the complaint filed in US District Court District of Nevada reads as follows:

  1. Plaintiff (Rick Casper) and Ms. McGrath left before the concert ended to retire early to their guest accommodations.  
  2. Upon information and belief, after the concert, Defendant Percy and other Diamond Resorts employees and contest winners were invited by Michael Flaskey to his Penthouse Suite at Cabo Azul for more cocktails and then later to the hotel bar, whereupon Defendant Percy and another Diamond Resorts employee were nearly engaged in an altercation.
  3. Upon information and belief, Percy was drinking heavily at the dinner, the concert, and at Flaskey’s Suite and hotel bar.
  4. Plaintiff’s guest accommodations at the Diamond Resorts event were at guest bedroom at Villa Palmila, a Diamond Resorts property (“Villa”). The Villa was a well-appointed house with several bedrooms. Plaintiff and Ms. McGrath had their own bedroom and shared the Villa with other Diamond Resorts employees and contest winners who occupied the other bedrooms.
  5. To get to Plaintiff’s bedroom in the Villa, it was necessary to walk through two sets of double doors.

Original paragraphs:   

According to the lawsuit, Mr. Casper earned over $1 million in 2015, $2.4 million in 2016 and $2.4 million in 2017 selling Diamond timeshare points. Why did this go on so long when members reported his actions as far back as early 2016? Members report being told Casper said the member would be able to sell points or eliminate maintenance fees if they bought more points – programs that did not exist. Casper filed the lawsuit alleging his Diamond VP Dan Percy sexually assaulted his fiancée at Diamond CEO Michael Flaskey’s penthouse in Cabo San Lucas. Casper alleges he was fired for reporting the incident to Diamond’s Human Resource department.

As Rick Casper alleges, “At instruction of DIAMOND RESORTS, Plaintiff CASPER was asked to identify or facilitate issues that were wrong with the owners’ current ownership points.” Case 2:18-cv-01455-GMN-NJK

Original December 21 article with the offending paragraph omitted:

Having connected with six other grown children whose parents have been harmed by timeshare, it is our intention to organize a media, legislative and regulatory outreach for the purpose of alerting the public as to unfair and deceptive timeshare sales practices which we feel also constitutes elder abuse. We are professionals. Three of us have parents who are veterans, one a double Purple Heart recipient.

My father Dale, age 73, is an Army veteran and was a Captain in the Vietnam War. He earned a Bronze Star for Victorious Service. My mom will be 73 in January. Our family has been financially and physically devastated by their decision to buy Diamond timeshare points. My parents always lived debt free, saved to buy things like cars, so having to do a reverse mortgage because of what these sales agents told my parents is unbearable. We have learned we are not alone.

Roy and Lillian Simmons, a Navy veteran and a retired letter carrier

http://insidetimeshare.com/tuesday-slot-irene-13/

Raymond and Teresa Mori, Mr. Mori a Marine Veteran, two Purple Hearts

http://www.insidetimeshare.com/fridays-letter-america-42/

My parents represent the 20th Rick Casper complaint from our support group of over 2,000 Diamond Resort families. I have learned Rick Casper’s name is known among law firms outside of our group.

In a lawsuit Rick Casper filed August 7, 2018 against Diamond Resorts and his former VP Dan Percy, Rick Casper admitted he created reasons or problems why existing members needed to buy additional timeshare points, as happened to my parents. A summary of the 20 Rick Casper complaints are listed below. As Diamond understands Rick Casper employed deceptive and unfair sales tactics, it is wrong not to recognize and correct what Diamond and Rick Casper did to my parents. I challenge anyone to read the 20 complaints and not conclude my father is telling the truth.

According to the lawsuit, Mr. Casper earned over $1 million in 2015, $2.4 million in 2016 and $2.4 million in 2017 selling Diamond timeshare points. Why did this go on so long when members reported his actions as far back as early 2016? Members report being told Casper said the member would be able to sell points or eliminate maintenance fees if they bought more points – programs that did not exist. 

As Rick Casper alleges, “At instruction of DIAMOND RESORTS, Plaintiff CASPER was asked to identify or facilitate issues that were wrong with the owners’ current ownership points.” Case 2:18-cv-01455-GMN-NJK

My parents were former Sunterra owners since 2006. Their problems first started when they went to a timeshare presentation at Diamond’s Daytona Beach Regency resort on May 11, 2015. According to my parents, they were told they were not full Diamond members so it was important to get things changed. The sales agent explained that Diamond took over Sunterra due to bankruptcy.

That was not true. Diamond Resorts acquired Sunterra, but not because of bankruptcy: https://www.travelweekly.com/Travel-News/Hotel-News/Diamond-Resorts-to-acquire-Sunterra-Corp-for-700-million

The following is what my father recounted to me about his Diamond experiences.

The Florida sales agent in 2015 explained that we needed to get out of our current Sunterra contract to become Diamond members. He used scare tactics to get us concerned that if we did not make the switch to Diamond officially our current investment with Sunterra would be worthless. The sales agent said if we purchased Diamond points, we would no longer be part of a bankrupt orphan group.

We previously purchased a Diamond Sampler (trial) package but it was almost impossible to get a reservation. We were trying to figure out how to get out of it when the sales agent presented what seemed to be a perfect solution. He said that by buying additional points, Diamond would fold our Sunterra contracts into one new Diamond points system. Several managers explained that we were not going to have enough points to do anything now that the Sunterra credit card was not able to be used due to the bankruptcy. The manager told us we would have legal issues and would risk losing everything and would not be able to sell the timeshare if we were not fully vested Diamond members.” We have learned Diamond points are virtually worthless.

After six hours, we were exhausted. Irene is diabetic and her blood sugar was increasing. We were stressed from hearing the news about our bankrupt investment, so we signed fast just to get out of there to get Irene’s blood sugar taken care of. We were thrilled to be out of the Sampler and thought we were finally set as a fully vested Diamond member. Diamond sales agent Mike sounded very helpful so we bought 2500 points for $10,925.

Three months later, on August 11, 2015 we met with Scott at Cancun Resort in Las Vegas. This meeting lasted seven hours. The representative kept reiterating how he was just trying to help us get out of the mess we were in because of our Florida purchase.

Scott said the only way to get the best benefits was to purchase more points to get to Silver status. He explained that until you get to Silver you will have all kinds of problems. He also said our maintenance fees would be taken care of and we would be able to sell points back, possibly at a profit. We said we were not interested. A manager told us we needed to know the truth about what happened to us as a result of our Florida purchase because the changeover to Diamond did not happen correctly. He said we were still not fully deeded with Diamond Resorts.  

Diamond points are not deeded.

The sales agents said we had to purchase 6,500 points to get out of Sunterra completely to become a true vested Diamond member. He told us the vacations and airline tickets would pay for the points so we would not be out any other money and that maintenance fees would not increase, but be capped by reaching Silver status. None of this was true.

I was offered a Barclay credit card to pay for the fees. We purchased 6500 points for $22,945. Silver status benefits were totally misrepresented. Our maintenance fees were not taken care of. We found out later that our prior contracts were indeed with Diamond and legit.

My parents purchased 7500 points on March 15, 2016

Purchase price:  $32,625

We went to a timeshare presentation on March 15, 2016 and met with Rick Casper at Cancun Resort in Las Vegas. Casper told us when we started the presentation that he was not going to sell us anything. He said we had not been told the truth about a lot of things and that he wanted to make things right. “With the program I am in charge of there will be an exit strategy so that someday, if you don’t want the timeshare and your kids do not want it, they can exit out easily.” He said he was a family guy and would not want his kids to have to deal with high maintenance fees so it would be better to ensure a cap on maintenance fees. He explained how we or our children would never be able to get out of the timeshare in the future unless we were part of his special group that would allow us to exit. He said we could make money on our investment by selling points.

Rick Casper showed us a worksheet as to what we would save by using points for maintenance fees and airfares. The math figures made sense. I already had a Barclay card that I used to finance the 2015 purchase. Rick Casper told us that if my wife could get her own Barclay card we could put almost the entire purchase on the Barclay Mastercard.  

We were there for over seven hours. We felt like hostages because they would not give us our free gifts until Rick’s supervisor finished. We bought with the understanding that we would be able to sell points. The charges on our Barclaycard ended up being way more than was disclosed.  Rick Casper said our Gold status bonus points would put a cap on maintenance fees for generations, but our maintenance fees skyrocketed as a result of this contract which was supposed to consolidate four prior contracts.

We signed fast because Irene almost passed out due to her diabetes and blood sugar levels. We told Rick we had to leave. We were tired and already under a lot of emotional distress to find out that Scott Pritchard did not fix anything the year before. We felt pressured to make it right or risk never being able to use points to pay for maintenance fees or exit out of the timeshare without being in Rick’s special elite program.  

When we received our Barclay credit card statement we noticed an additional $1000 charged for what Rick Casper presented to us as a gift from Diamond.

We contacted Diamond. A representative told us that there was no way we could use our points to pay for maintenance fees. I called and asked Rick Casper to correct the issue. His response was in a loud screaming threatening voice, “How dare you accuse me? I didn’t tell you those things; you are trying to get me in trouble. I am going to sue you if you pursue this and go to my supervisor.” I told him that he was dishonest and that we would take action.  His screaming was abusive, degrading, and caused me physical and mental distress. I have been through a lot of trauma as a Vietnam War veteran but have never been screamed at and degraded like Rick Casper did to me. I ended up very traumatized emotionally which caused me to have a stress attack in 2016.

After recounting this incident for my daughter a few weeks ago, I had a similar attack and had to be admitted to the hospital for heart symptoms. The doctor was a different doctor from the same medical group. He noted from my patient history that the mention of Diamond prompted my 2016 symptoms. I was put on blood pressure medication due to this emotional stress and have daily deteriorating health issues as a result of the stress this causes me every time I walk into my house and know I have debt on my home as a result of tactics I consider to be an organized effort to take advantage of us.

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. I worked as a Baptist pastor until retirement. My credit score was 817 the day we met with Rick Casper but it has gone down considerably.  

In May 2016 we went to another Diamond presentation to try and figure out how to use our points to pay for our maintenance fees since we were having a hard time getting through to anyone at Diamond.  The timeshare representative was very embarrassed about what had happened and apologized on behalf of Diamond Resorts for the deception. He told us he wanted to help us understand what we had. He said that paying $32,625 for 7500 points was unheard of and that we could not do anything Rick Casper told us we could do at our current Gold status, which he said was only put in the system temporarily.  

That Diamond representative told us that we should take action and file a complaint. He explained how using points for an airline ticket would cost us 11,000 points (or about $2,200 for one domestic airline ticket) so not a good deal. We could not use points to pay for maintenance fees at Gold status. Only Platinum members can use points to pay maintenance fees and at only $.04 per point.  

Gold status did not give us what Rick Casper said it was going to give us, which included paying maintenance fees with points, exiting out of the timeshare, and being able to sell our timeshare points to make money on our investment.

We are both in terrible health and financial distress as a result of this Diamond resort investment trauma.

I learned of this only recently. I’m still trying to grasp the situation.  Diamond responded denying the request to cancel the last purchase because they used their points and said that nothing Rick Casper said was in writing. What is there to stop this from happening to others if misrepresentations continue unchecked? I believe my parents. How could anyone not believe them after reading so many similar complaints? I sent this article to Diamond for comment on December 17, but they did not respond.   

Twenty Rick Casper Complaints and excerpts from articles submitted by those who purchased points from Rick Casper:           

  1. SM, age 65 and his wife 81, 21 years Army, trained chemical, biochemical, nuclear defense RESOLVED http://insidetimeshare.com/nightmares-timeshare-street/

After the last Rick Casper up-sell, their monthly payment escalated from $431 a month to $2200. They told Mr. Casper they were worried about passing this burden on to their heirs.  

  1.  CL $75,000 RESOLVED – A Stage 4 cancer patient

During our meeting we were told about all the changes that had been discussed at the dinner that would allow us to sell our points. My husband has cancer so all that was going through his mind was trying to make a choice that would help me later on if the chemo didn’t work and when Rick Casper convinced him this was the answer that’s all that my husband heard.  

  1. N C, ages 67 and  69 $142,000 RESOLVED

http://insidetimeshare.com/another-nightmare-timeshare-street/

We are both disabled and retired from civil service. Dan is a retired army Lt. Colonel and a combat Vietnam and Desert Storm veteran.  

We are Platinum members. We feel our most recent Diamond purchase was made under deceptive and extremely high pressure selling techniques. We had been struggling with two loan payments of $329 and $121 but the most recent purchase we did not even realize we made, will drive us into foreclosure. Rick Casper in Las Vegas on January 22, 2017 sold us 50,000 Diamond points bringing our total number of points to 106,000. Our new loan payment is $2,133 a month which we cannot pay. The $142,400 purchase of 50,000 points included $17,000 charged to a DRI Barclaycard. We did not realize we made this $142,000 purchase until we returned home and checked our credit cards. As I have had a double mastectomy, undergone chemotherapy, radiation and have had two knee replacement surgeries, buying more vacation points was in no way our intention. Dan has had two minor strokes and a mild heart attack. He has chronic pain and is on 25 medications prescribed by the VA and our doctors. He suffers from PTSD. I was in terrible knee pain. Rick provided me with two glasses of wine in a Styrofoam cup with plastic lids because alcohol is not allowed at presentations.

Rick said we should join the new “Legacy program” that allows members to sell blocks of Diamond points to a third party with all Diamond benefits intact.  He said if we joined the Legacy program “people would be standing in line to buy our points.”

After six hours, my pain increased and I became confused. I walk with a cane so it was an effort just to walk to the restroom as it was some distance. Dan was confused due to diabetic symptoms. We were so overwhelmed by the time we were signing contracts, we did not even realize we were buying points. Rick kept saying we would receive 50,000 bonus points. We signed just to get out of there.

  1. KK, age 61 $117,000 RESOLVED

Questionnaire sheet asked: Had you attended a dinner? What is your exit strategy? Apollo had dinners informing members Cloobeck was leaving.  Not everyone heard the presentation so Rick was talking to Platinum members about the Legacy program. He said DRI never allowed you to sell points. This will. He knows real estate people can 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 that he could set us up with. 12/29/2016

5 RB, age 66 $75,000 RESOLVED

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 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.

6 JH, age 56 $132,000 RESOLVED

The main benefit that Rick Casper presented was the ability to convert points directly into cash at $0.30 per point. If we had leftover points, he said we could be reimbursed in cash. All we had to do was contact Rick’s Vice President Dan Percy who would process the transaction and put the money on our reloadable Visa card.

I continued to ask questions about each benefit to 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. There is no level above Platinum.

7 AC, age 68 $55,000

http://insidetimeshare.com/wednesday-article-america/

We purchased an additional 20,000 points on July 16, 2016 for $55,200 from Richard Casper. The reason is because Rick told us if we went from Gold to Platinum, he could sell points to substantially reduce our maintenance fees by submitting receipts to him for goods and services. We have never seen a tangible way to reduce our current $8,685 fees.  

During the presentation we asked about combining our eight contracts. Casper advised that any free and clear points sold on the resale market will have the same benefits except loyalty level as long as no more than 20,000 points were sold to one individual so it would be better not to combine the points. None of this was true. Casper stated that many Gold owners would be happy to buy 20,000 points at the lower price to become Platinum.  

We contacted Richard Casper by email on April 7, 2017 because we needed to sell 20,000 points. We received an auto reply stating to contact VP Dan Percy. Dan Percy stated that Diamond Resorts sales personnel don’t assist people who need to sell points.

8 JM, age 61 $90,000 RESOLVED

Rick Casper was introduced to me as a Platinum specialist. Mr. Casper said I made a big mistake buying Hawaii points and a bigger mistake transferring the 20,000 points I bought in Daytona, due to a class action lawsuit against DRI that caused exorbitant increases in maintenance fees because of storm related beach erosion.  

Mr. Casper said I had to transfer back to US Collection and if I owned 100,000 points I would be unofficially known as double Platinum and that I could sell unused points back to Diamond at 30 cents per point. Mr. Casper said this was closely regulated by the authorities. Mr. Casper said by selling these points back I could pay some or all of my maintenance fees for that year and years to follow. Mr. Casper said this would allow my children not to have to pay maintenance fees. “You are really passing your children a bill.  We have a new program if you reach me in November to let me know what you did not use. Diamond will buy the points back at $.30 to, ‘put them back in the kitty’. We need the points because we can sell them to other people who need them. What are you waiting for? This is a no brainer.”

I purchased an additional 30,000 points. I now owned 115,000 points. Mr. Casper said the reason for the 30 cent program was due to the sale of Diamond to Apollo. Mr. Casper said Mr. Cloobeck wanted to do something for members who owned over 100,000 points to show his appreciation. He included the 30 cent per point program in the terms of the Apollo buyout.  

In November 2016 I called Rick Casper to inform him I had 80,000 points I wished to cash in so that I would receive $24,000 as he had illustrated.  He denied any knowledge of the arrangement.  I spoke with Dan Percy. He said no such program existed.    

  1. SW 100% disabled Army veteran Agent Orange exposure

April 6, 2018 $170,000 1099 issued

http://insidetimeshare.com/fridays-letter-america-44/

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade from $5,000 to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $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 up to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 for $170,000. I’m 71 years old.

#10 MP RESOLVED, a widow, a speech teacher, age 71

April 2018 Platinum

My husband John and I purchased an additional 25,000 US Collection points May 2017 from Rick Casper. He said we had to purchase these points to take advantage of a program that would allow us not to have to pay Maintenance Fees after we paid off our loan. Mr. Casper said the program description had been sent to us in a letter we should have received. Rick Casper told us that because we did not get a letter, Diamond would still offer what had been offered.  He did not have a copy of the letter. Rick Casper told my husband and me (John was still alive at the time), that once we paid off our loan, we would not have to pay maintenance fees.

The scare that Rick put into me was because he said we would be paying a million dollars in maintenance fees over our lifespan if we did not buy the additional 25,000 points.  Rick Casper explained how Diamond maintenance fees would continue to skyrocket. We purchased the 25,000 points for $86,250. Wed had purchased 53000 points previously.

John was in much pain. We did not know at the time he had cancer, spine and skeleton, which had metastasized. John kept saying, “I do not want to do this.” Rick Casper even asked, “Is he alright?” I was incredulous because it was obvious John was not alright. He was diagnosed with cancer October 13, 2017. Our presentation started at 8:30 AM and did not end until 7:30 PM. John was terribly affected by my decision. He couldn’t get over what we (I) had done because we already had enough points.

Well, in order to not have to wait ten years to not pay maintenance fees, I went right out and got a lower interest rate home equity loan. I felt this way I could pay the loan off in 30 days so that I would not have to pay 2018 maintenance fees.

#11 D H UNRESOLVED

We told Rick Casper about our concerns:

  1. Concerned about paying even more maintenance fees if we purchased more points.

Rick reassured us that if we purchased more points we could use them to pay all our maintenance fees every year and still have points left to travel.

We trusted Rick so we bought 25,000 more points, upgrading to Platinum so that we could take advantage of the .30 per point benefit. How can this be justified? These deceitful sales tactics go against many laws (FBI, ARDA and SEC to name a few).

  1. Concerned that we couldn’t use the points we already had, let alone buy more.

Rick was very skilled in reassuring us that all would be ok if we purchased more points. He even stated that as Platinum he would be our personal concierge.

  1. Concerned our timeshare was not a good investment.

Rick reassured us it was a good investment, and that points were selling for more than what we originally paid; he showed us a chart with yearly increases. He mentioned that he had a friend that resells timeshares and that DR points were in high demand. He said that if we ever decided to sell that he would put us in touch with his friend, who can easily sell our points for double what we paid. This eased our minds. Nov. 2016, I texted Rick and asked him if he still knows a guy that’s willing to buy our timeshare. He never replied.

#12 J K We were Gold members, told we could save on maintenance fees via a reloadable VISA card that would be credited to pay maintenance fees. Purchasing additional points or upgrading to Platinum was never mentioned.

Rick Casper said DRI VP Dan Percy would take care of our 2018 maintenance fees.  Due to signing electronically, we were not aware we had purchased an additional 30,000 points until we returned home and reviewed the actual documents, received new credit cards, and invoices. It was difficult, if not impossible, to read the contract via the electronic signing.

I have learned there is a real program called 20/20 or 30/30, depending on the loyalty level in which 30% of vacation points can be credited toward travel discounts.  Rick Casper adulterated the actual program to be able to cover himself and Dan Percy. In other words, you can redeem points at $.30 per point, but not for the reasons Rick Casper stated. You cannot redeem points at $.30 per point to pay maintenance fees.

#13 MS, ages 80 and 84 Parents of #12

Rick Casper said Dan Percy would handle our 2018 maintenance fees. He explained that the program they were up for and the current ownership will benefit us and allow for better use of ownership.  Due to the electronic signing of the contract, we did not know we had purchased 30,000 additional points until we returned home and could properly review the documents, received the credit cards and invoices. It was difficult, if not impossible, to review the contracts on the small Tablet.  

#14 M Y, age 72

We went to Polo Towers September 2, 2017. We wanted to know how to reduce maintenance fees. Rick Casper told us that the only way to reduce maintenance fees was to buy more points. He asked, “Are you happy about paying all these maintenance fees?” We purchased 47,500 additional points.

When we got home, three Barclay cards came in the mail. We were charged almost $28,000. He never mentioned that he was even going to open the cards. We already had one Barclaycard. When we got to our room, we reviewed the documents, but it did not really show the Barclay charges.

The very next day we told Joey Guiterrez we wanted to cancel. He said if you cancel you will lose all your benefits and be fined $40,000. I asked why and he said that’s just how it is. When I complained, he denied saying this. My husband was with me. I became depressed for months.

#15 T T Rick Casper complaint

TT (age 51) and IT

25000 points purchased Polo Towers, Las Vegas, NV on September 5, 2017

Sales Agent: Richard “Rick” Casper – Real Estate License S.0172679

Purchase Price: $102,000

Down Payment: $29,000

Amount Financed: $73,750 @ 12.1305%

Down payment charged to Barclay Diamond Cards

Rick Casper said we would not have to pay out of pocket for Maintenance Fees ever again, and we would not have to worry about losing any points at the end of the year – Dan Percy, VP of Sales, will be in contact with us after 21 days and will work with us.

Casper said that if we did not purchase, we would not be included in the new program to use our points to pay for all our maintenance fees. He caught our interest when he told us how the Maintenance Fee could be fully paid for by points and the credit card program by getting credit for paying for the Maintenance Fee, flights, car rentals, cruises and other travel expenses. He said the points could be redeemed at $0.30/point. What Rick told and showed us addressed many of the struggles and anxieties that we faced owning the timeshare, so we were glad to hear about the new programs (we later learned did not exist).

Rick said to get started; we needed to purchase more points. I asked Rick specifically: “If we were to be in this new program, would we need any out of pocket money to pay maintenance fees?”  He replied that by using points and the credit card, that with the additional 25000 points, it would be enough to cover the maintenance fees for future years.

I was unemployed at the time, so asked if we could delay purchasing more points but he became very strict in explaining the offer was only for this session, and how he would note that we refused the new program on the exit form. We felt compelled to purchase the points. We definitely do not need these additional points.

Dan Percy moved to Hawaii and directed inquiries to go to Joey Gutierrezs.

My wife and I have determined through contact with Joey Gutierrez and others at Polo Towers that the program for points for maintenance fees does not exist. Platinum members can pay maintenance fees at $0.04 (not $0.30) per point and will not pay the full MF amount of $8,631.  

#16 G K

We bought points five or six times. We did not have problems with Diamond until we encountered Rick Casper.  We purchased 50,000 points. I called Joey Guiterrez two days after we purchased to cancel. He was skillful in dodging the rescission clause.  Our Polo Towers meeting with Rick Casper was August 18, 2017

I was told at the beginning of the meeting that I would be spending $700,000 over the next 20 years just in maintenance fees. Rick Casper said he would help me create a program to cover these expenses. I pulled out my cell phone to use the calculator to check this figure. Mr. Casper assured me the amount was correct so I put the calculator away. The $700,000 was not correct. I created an Excel spreadsheet based on the average increase of 5.6% a year.

My maintenance fees were about $14,200 at the time. Rick Casper said that if I purchased 50,000 points, I would be able to redeem the points at an average of $.20 a point which would generate $10,000 in cash. Rick Casper said I could then sell half the points I already owned to generate the remaining amount to cover the maintenance fees.

I called Diamond Resorts around February of 2018 and asked to redeem 50,000 points. I was informed there was no such program. I would have to use my points for travel such as airfare ($.10 a point) or restaurants or lodging outside Diamond at only $.10 a point. There were very few ways in which to use points for this. I don’t need a new TV let alone dozens of them.

Rick Casper said I would be assigned my own agent (Daniel Percy) in Vegas to assist me with all bookings. When I called I found out that the bookings would simply be made through Interval International. It seems Daniel Percy worked in tandem with Rick Casper.

No mention was made of the fact that purchasing an additional 50,000 points would raise my maintenance fee by approximately $8,300.

AFTER signing, I was given a folder with the spiral bound book that said to the effect: “Read This Thoroughly before Signing Any Documents”.  Upon reflection of the documents I signed, I found that my maintenance fees would now increase by over $8000 meaning any efforts to “cover my maintenance fees” with this contract were useless!

We had an early start to the airport the next morning to arrive in Seattle for our Alaska Cruise. I placed a call Mr. Joey Guiterrez. I told him I wanted to cancel. He spent about 20 minutes trying to convince me otherwise. He finally said, “Well, if that is what you want” and left it there. On the sixth calendar day, Mr. Guiterrez contacted me. I had called to ask why the contract had not been cancelled. He stated that the contract had to be cancelled in writing within five calendar days. Mr. Guiterrez obviously waited until the sixth calendar day to dodge the rescission period.

The only response from Diamond was, “You signed the contract.”  Noting all of the lies that lead me to sign the contract were a non-issue according to the person I talked to.  .

#17 P B

Disabled, worked ER for 20 years, attacked by patient, the patient did know what she was doing

Age 63 LA County Sheriff’s Department

Deputy Sheriff for 25 years

Our accounts have been foreclosed.  We were in good standing until we met with Rick Casper.

In 2016 we stopped at Polo Towers.  We told them we were having trouble financially because I was on disability income and my husband was just retired. They said they could offer us a refinance but it ended up we purchased US Collection points not even knowing we had purchased them. They said they would slip the paperwork under our door. They did not. We had no documents provided to us. Before we got on our plane to continue on a Dream Holiday, I received an email (which Diamond says does not exist but I have a copy) saying attached is our paperwork and that they would mail the documents. The purchase made us Platinum but we were not even aware we had bought additional points.

Rick Casper did the paperwork process. He went over with us about the refinancing and that the 2017 and 2018 maintenance fees would be included.  We had met Dan Percy before the closing process. He also confirmed that we were doing a refinance that would include the maintenance fees and that this transaction would reduce our monthly payments by a few hundred dollars per month.

They said Dan Percy would be our contact person.  An email said that if we received a maintenance fee invoice, we should contact Dan Percy. We contacted Percy after we received a maintenance fee invoice for $15,000. He said we owe the money.

This company is beyond belief.

#18 TF A non-disclosure agreement signed.

#19 TZ 60,000 points were purchased, but I rescinded the Casper purchase because they would not put in writing what I was told.  Casper tried to convince us to get a mortgage on our home. He said there was no way to get out of a Diamond contract.

Rick Casper complaint #20 are my parents.

Thank you Brenda for your contribution and also to Irene for taking the time to edit, as you have seen, this character has caused untold misery and that is the ones we know about. The question is how many more people have had to suffer a “Nightmare on Timeshare Street” because of Rick Casper?

This message is not just to Diamond, but to all timeshare companies who allow their sales agents to do what the hell they like, just so they can line their pockets with millions in commissions. They are your employees, they are selling your product, they are selling your name, you are “RESPONSIBLE FOR WHAT YOUR SALES AGENTS SAY!”

If you have any comments or have a similar story to tell, then contact us at Inside Timeshare by using our contact page, we will get back to you.

Consumer Warning: Joint Claims Victories & Timeshare Resort Rescue

We are only 2 days into the new year and we already have a warning to timeshare owners about another dubious setup. The warning was sent in by a legitimate claims company based in the UK who often informs Inside Timeshare about companies who have contacted their existing clients, asking for our help in identifying them.

These are the two companies that have been named:

JOINT CLAIM VICTORIES LIMITED (11504358)

33 Leigh Road, Leigh-On-Sea, United Kingdom, SS9 1DL

Which is a private house

It was registered on 7 August 2018

https://www.google.com/maps/place/33+Leigh+Rd,+Southend-on-Sea,+Leigh-on-Sea+SS9+1JP,+UK/@51.5441486,0.6720989,3a,31y,309.23h,95.63t/data=!3m6!1e1!3m4!1sDIm5traxJ9f-HbLu9XHRrw!2e0!7i13312!8i6656!4m5!3m4!1s0x47d8d98f8f23a1d3:0x9331461f3f876577!8m2!3d51.5442448!4d0.6719165

TIMESHARE RESORT RESCUE LIMITED (11456459)

33 Southside Road, Leigh-On-Sea, United Kingdom, SS9 1DL

This address is not quite correct as it should read Flat 33, Southside, 260-80 Leigh Road, it is again just a block of flats.

Registered on 10 July 2018

https://www.google.es/maps/@51.5429317,0.6620948,3a,90y,183.55h,103.43t/data=!3m6!1e1!3m4!1sBWhUwfEgK-nSXiK3BhBdEw!2e0!7i13312!8i6656?hl=en&authuser=0

We have not found any website for either company.

Both companies are registered to Reece Turner, who is resident on the Costa Del Sol and has also been advertising for a telemarketer on facebook:

SPACES ARE LIMITED ****

Looking for qualified telemarketer to bring our numbers up to 10 by the end of the year we are specialized in timeshare/finance claims and looking for marketers with plenty of experience. Willing to do 5 hours minimum arranging appointments/homesits, providing highly qualified leads for our uk based legal team. 250 paid per tour/deal. Weekly pay every Friday

Work from home be your own boss

Phone and leads provided

Full training package

Average OTE 750/1000 a week

Also we specialize in all freehold owners the only law panel in the uk to cater for all

If you are interested in this role please email me on [email protected]

It transpires that he was paid for supplying the client and received a bonus when the client signed up for a claim. This client was then contacted again by telephone and asked to send more money to complete work they had already paid for. The payment was sent to Mr R Turner, so not only is he getting paid for supplying the client, but then demanding more money from the client direct, the term greed springs mind.

In this case the client contacted their legal company asking if they had received the extra payment sent to Mr Turner, the confused legal company acted immediately and had the payment stopped. It does make you wonder how many more have been taken in and not had the thought of checking with their legal company. The legal company have also informed the Authorities in the UK and also in Spain.

So if you have had a call from either of these companies, Reece or Sally, contact Inside Timeshare with the details, we can then keep our readers updated.

This is another example of how careful you have to be when receiving calls, if you have signed up with a legitimate company for any legal work and receive any calls or emails asking for extra payment, contact your own company first and check if what you are told is true.

If you are contacted by any company with a story that your timeshare company or resort are being taken to court, or there is money lodged with a court waiting for you to claim it, then use our contact page and let us know. Inside Timeshare will help you to make the right checks before you pay anything.

 

The Tuesday Slot

Welcome to the first Tuesday Slot of 2019, first thank you to Irene Parker for taking the time to get this weeks article to us, all our readers thoughts are with you at this time. As the planet rotated and the New Year dawned across the globe, the messages wishing Inside Timeshare a Happy New Year never stopped, so thank you to all our readers for your thoughts and Inside Timeshare also wishes you a very happy and prosperous New Year.

Timeshare Accountability Group™

A New Name – a New Year

By Irene Parker

New Year’s Day 2019

TAG begins the New Year with a new name. Accountability is a better word than advocacy so now we are Timeshare Accountability Group™   as we shift our focus more towards media, legislative and regulatory outreach. We will maintain our teams consisting of 44 supporters to answer questions about regulatory and law enforcement filings. Some websites are not that easy to navigate and some members express technological challenges.

We changed to Accountability for four reasons:

As mentioned, we will focus more on media, legislative and regulatory outreach.

Second, some outfit is using our key words running internet ads charging upfront money to get you out of your timeshare.

Third, a number of individuals and organizations that use the words advocate and consumer have nothing to do with advocating for a consumer. A lot of the criminals on this 15 page Department of Justice Report timeshare scam report called themselves advocates. We don’t want to be lumped in with those masquerading as advocates.

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

Fourth, I’m tired of being described by Diamond Resorts as a “self-styled, ‘advocate’ a third party, not a lawyer, not a professional journalist.” I have never described myself as a professional journalist. I describe myself as an amateur scribbler. Diamond’s point I believe is that I don’t have the liability protection afforded professional journalists.

I was a professional court report writer. As a CASA supervisor (Court Appointed Special Advocates), I wrote court reports for Family Court judges and interested parties in an effort to determine the best outcome for a child or children in foster care. The despair in the voices of some angry timeshare members is similar to the despair of a parent whose child has been removed from their home.    

“Irene Parker purports to get her ‘clients’ out of their legally binding contracts,” Diamond explains. I have readers. The definition of purport: “appear or claim to be or do something, especially falsely” What our team members do is empower the timeshare member with the support needed to file regulatory and, if necessary, law enforcement complaints. It is every citizen’s right to file complaints if they feel they have been harmed.

The foreclosure process can be demeaning and demoralizing. It means a lot to know you are not alone. It is especially difficult for seniors who may have lost a spouse, or for those with 800 or better credit scores, left with no choice but to foreclose due to little or no secondary market. Timeshares are not like a house that can be easily sold with a loan outstanding, yet we are greeted “Welcome Home!” when we check in and we are told to think of our timeshare as a second home.             

Last year we reported Timeshare Accountability Group™ ended 2017 with a total of 207 timeshare members reaching out to us for help, all but a handful contacting us about unfair and deceptive timeshare sales practices.       

We ended 2018 with 432 members contacting us. More than double!

Our goals for 2019 remain the same:   

⦁ Boost our media outreach group

⦁ Boost our legislative outreach

⦁ Boost our active duty and veteran/retired military outreach

Timeshare developers are beginning to listen. A few timeshare companies have listened to the merits of a complaint and responded when we send a draft of a member submitted article. At times I have agreed with the company.

Members appreciate voluntary surrender programs. Unfortunately, the majority of our readers are not eligible for voluntary surrender programs because they are saddled with high interest rate loans and higher interest rate credit cards. A credit card company, like a home equity loan, doesn’t care what you charged. You owe the balance. It’s important to remember – transferring to a lower interest rate loan through a third party lender is not advised. Transferring to any third party lender, including a credit card, means you are asking the timeshare company for a refund as opposed to a loan cancellation. As timeshare attorney Mike Finn advised in a previously published article,

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

http://insidetimeshare.com/the-tuesday-slot-2/

It’s easy to get discouraged, but Inside Timeshare and self-help member groups have made remarkable progress since our twelve founders launched our volunteer effort February of 2017. We soldier on into 2019.

As always, contact Inside Timeshare or one of these U.S. member supported self-help groups if you have a timeshare concern. We’re here to listen and act, going a step beyond helpful posts.   

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

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/

Once again thank you Irene for you efforts over the past year, there are many out there who have been helped by the efforts of yourself and all our volunteer advocates, let us hope that this year will be the one that the industry takes notice and changes its approach to how it operates.

Inside Timeshare is not here to destroy the industry, it is here to give consumers the facts of what is going on. To highlight the rogue operators, be they timeshare sales, resale companies or bogus law firms, we will publish your antics no matter who you think you are, no threats will stop the truth from being published. As the old saying goes

“THE PEN IS MIGHTIER THAN THE SWORD”.

 

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.

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.