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Friday’s Letter from America

It’s Friday and time for another Letter from America with Irene Parker, this week is part 1 with part 2 due shortly. Now, in Europe it has been a little quiet on the courts front this week, although there have been many cases before the courts, no sentences have been announced, so nothing there to report.

Inside Timeshare has been receiving many more enquiries regarding RSB Legal and Taylor Marshall Associates, these have all been very similar. They have all paid substantial amounts of money to have their timeshare contracts cancelled, none of this has been done. They are all receiving demands for unpaid maintenance and many are now in around two years of arrears.

It is obvious that these contracts have not been cancelled, despite what RSB Legal and Taylor Marshall are saying. All those who have contacted us have told us the same thing, their resorts have insisted that they do not deal with third parties to cancel contracts, only direct with the member.

Club la Costa has also been explaining this to members, they even informed RSB Legal and Taylor Marshall that they would not deal with them. But obviously they just carried on regardless and taking huge amounts from members knowing full well they would not get the contracts cancelled.

Another company which Inside Timeshare reported on in May, has come up yet again, Donaldson Bruce Associates, as we stated in the original article there is no record of them at Company House in the UK or in Spain. The website is registered under a privacy company and there is no address given just a contact page and a Sheffield telephone number 0114 303 0678.

This time the caller who stated to our reader that Diamond Resorts is closing its European Portfolio and will only be operating in America, well that is news to us and all the Diamond members who own in Europe! Having spoken with Diamond Resorts today about this company, they are now looking into the matter, they also confirmed that they will only deal with members direct regarding surrender of membership and not with any of these types of companies.

This is obviously a scare tactic on the part of Donaldson Bruce agents, to get people to sign up for a claim. Diamond Europe I believe, would inform their members if anything like this were to happen, after all it is in their interest to do so.

We do know that Diamond did close their sales offices and many staff had to be laid off, obviously many of these have set up these “claims” companies and may be using the data “stolen” from Diamond to contact their old clients. On the point of the sales office closures, this was done for economic reasons, Diamond have franchised out the sales side so they are no longer responsible for the marketing costs or wages of the sales staff.

http://insidetimeshare.com/thursday-news-slot-a-new-cold-calling-claims-company/

So now on with our Letter from America.

Part I – Did You Get the Letter?

Part II – I got some letters

By Irene Parker

Most members begin their report: They said I should have gotten a letter…

June 22, 2018

There is no question there are millions of timeshare members happy with their timeshare. However, many existing members may be unaware their timeshare has little to no secondary market until a life event makes the timeshare unaffordable, or useless, because of the inability to travel. Deeding it 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 weeks after purchase, they were a victim of fraud? Most of the 466 families reaching out to Inside Timeshare allege they were baited and switched. Many with 800 credit scores now brace for foreclosure.

We need to equip the existing timeshare member, as well as the first time buyer, with the tools needed to make an informed decision. We feel the timeshare consumer should be made aware that there may be little to no secondary market for the timeshare they purchased. It would be helpful to know that the points you paid $60,000 for should only be listed for $4,500, in the case of one timeshare company that has even this much of a secondary market. 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/

Do not pay anyone upfront money to get you out of your timeshare without checking with us or one of the self-help groups listed below. There are many scams created by this flawed points based product.    

Existing timeshare members almost always begin their complaint like this:

Sales agent: “Did you get the letter?”

Timeshare owner: “What letter?”

Sales agent: “You should have  gotten a letter.”

Timeshare owner: “I didn’t get a letter.”

There was no letter and the reason the sales agents said this was to disturb the existing member. This is a common sales technic. As a financial planner, I disturbed my prospects with, “Do you know if you have saved enough to generate 70% of your current income in retirement?” The difference was my prospects needed to fear this, but in complaint after complaint, the fear factor was used to coerce a timeshare member to give up their deeded timeshare and convert to points, or lose everything. Another fear factor is, “If you don’t buy points (if they are not holding a deed), you won’t be at the level needed to pay maintenance fees with points (or sell points if that is the member’s concern). No timeshare member is required to give up their deed, unless all owners are required to do so because the timeshare is being terminated.

 Many members are astonished at the level of deceit they say they experienced. One former timeshare sales agent told me her manager told her to order the CIA Manual on Human Manipulation. When I looked up human manipulation I found several of the  20 most common manipulation techniques used, have been used on timeshare buyers. The actions of these bad apples makes it hard on sales agents that do sell the product honestly. For some companies, I’m not sure if the honest or dishonest agent is considered the rogue.

  20 of the most common manipulation techniques (my comments to the techniques I picked out as applicable to timeshare are italicized)

The Patriotic Vanguard http://www.thepatrioticvanguard.com/20-most-common-manipulation-techniques-used-by-human-predators

  1. Lying

Predators are constantly lying about practically everything in their life. They do this to wrong-foot their victim and confuse them. Lying is one of the manipulation techniques psychopaths typically use because they have no qualms about it.

Complaints always begin, “The sales agent said” and the member’s complaint is almost always dismissed with, “We are not responsible for what our sales agent says” or “You signed a contract” unless the member is holding a smoking gun (like the recording of a fraudulent sales presentation or a sophisticated spreadsheet they managed to get a picture of or smuggle out). One complainant even said her sales agent told her when she contacted him, “It doesn’t matter what I said. The only thing that matters is what you signed.” This dismissal is backed up by some Attorney General Timeshare Division reviewers, responding, “You have no proof” or, “You should not have relied on verbal representation.”

Okay fine. Our mission is to alert the public not to believe a word a timeshare sales agent says.

  1. Not telling the whole story

This is different to lying as a predator will often keep a key part of the story to themselves in order to put their victim at a disadvantage.

Oh Boy! We could write a novel about this tactic. “You can pay all your maintenance fees by charging to a credit card.” This may work for a timeshare sales agent earning $600,000 a year charging $270,000 to a credit card to pay a $2,700 maintenance fee, but for the average timeshare buyer, a 1% credit is a far cry from paying all the maintenance fees. “And you can use your points for airfares!” When I attempted this it would have cost $2,300 in maintenance fee dollars to book one domestic round-trip ticket. One former timeshare sales agent told me he was forced out for explaining the actual value. He had 30 years in the business before joining this particular timeshare company.

  1. Love-bombing and devaluation

Narcissists typically use love bombing as a manipulation tactic, they will go on a charm offensive and get you hooked into thinking this is the best relationship ever, then they’ll drop you like a ton of bricks without explanation.

This from Phyllis, being encouraged to give up her timeshare deed:

I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. They sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please – email me on what I can so as soon as possible. Thank You.

The credit card company kindly granted Phyllis a 60 day extension to July. She is representing herself.

  1. Denial

Often the simplest way a predator will manipulate a person is by denying the thing they are accused of ever happening.

The timeshare company party line response has been, “After a thorough investigation, the sales agent said he didn’t say that. Here are your initials on the fine print. You signed a contract. Kind regards.”

  1. Spinning the truth

How many times have politicians twisted the facts to suit themselves? This spinning of the truth is often used to disguise bad behaviour by predators such as sociopaths.

This is one of our most recent complaints:

After we said no to L, Mr. Richard C told us we should buy points to save money on airfare since we have to fly so often to India to care for my mother undergoing chemotherapy. Richard said we could use our points to pay for plane tickets to India to help reduce expenses. L gave a long lecture on how immigrants (referring to me) should behave in the United States and should invest in programs like this to save money on travel.  They said I could fly four times to India instead of two. We have learned this was all a lie.

  1. Minimising

Where a predator will try and play down their actions as not important or damaging and shift the blame onto the victim for overreacting.

“You were confused” is a frequent response.

  1. Targets the victim

When a manipulator accuses the victim of wrongdoing, they are making the victim defend themselves whilst the predator is able to mask their own manipulation techniques. The focus is on the victim, not the accuser.

See #4

  1. Positive reinforcement

This includes buying expensive presents, praising them, giving money, constantly apologizing for their behaviour, excessive charm and paying lots of attention.

In timeshare these are all the free tickets, restaurant coupons and giveaways.

  1. Moves the goal posts

You might think you know where you stand with a person, but if they are constantly moving the goal posts in order to confuse you, then it’s likely you’re dealing with a predator.

These seniors lost their entire savings, $13,000, and were foreclosed. They were sold a minimal number of points that they could have vacationed with, but then up-sold into foreclosure, told they would lose everything if they did not buy more points. The husband diagnosed with Alzheimer’s and the wife hard of hearing. The company used the recording of the QA against them telling the grown son, and “We recorded the QA. They were very engaged.” In a PR Release the company had stated the recording of the QA was an enhanced Quality Assurance. Members are not allowed to record the sales session.

http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

  1. 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.

When I told a scam my timeshare company does not allow renting points and I can send them the rule, they smoothly asked, “So how much are you paying in maintenance fees?” as they moved on to a travel reimbursement pitch.  

  1. Guilt tripping

Someone who manipulates can guilt trip their victim by saying that they don’t care about them or that they are selfish or their life is easy. It all helps to keep that person confused and anxious.

Guilt tripping in timeshare often lays a guilt trip on the parents that they are not providing adequate vacation time for the kids.

  1. Playing the innocent card

A true manipulator will feign utmost shock and confusion at being accused of any wrongdoing. Their surprise is so convincing that the victim may question their own judgement.

One member reported they were told, “Those sales agents at that sales center are good guys.”  This was a sales center we received over 50 complaints against, eleven against one particular agent.

  1. Over-the-top aggression

Manipulators often use rage and aggression to shock their victim into submission. The anger is also a tool to shut down any further conversation on the topic as the victim is scared but focused now on controlling the anger, not the original topic.

See what happened to Phyllis in Point 4. We are flooded with complaints about timeshare sales presentations that last for hours with members being browbeat by rotating aggressors until they were diminished down to mush. I’m not making this up. If I had not heard 466 stories, I would not be this confident.

  1. Isolation

It is far easier to keep a person under control if they are isolated from family members and friends who could shed some light and truth on the situation.

This is accomplished by NDAs and arbitration.  I refused to sign one after I was offered our money back, which is why I am still standing. The developer describes arbitration something like, “litigating from the comfort of your own home.” The timeshare company hires the litigator for $400 to $500 an hour.  

  1. Feigns love and empathy

Predators such as psychopaths and sociopaths do not know how to love someone other than themselves, and cannot feel empathy, but they can pretend to in order to inveigle others into their lives.

See what happened to Phyllis in Point 4.

If you watch out for the above manipulation techniques, you can keep yourself out of a predator’s clutches.

… 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://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, we look forward to the second installment, join us again next week for more “Nightmares on Timeshare Street” and remember to do your homework, check, check and check again, there are many out there who just want to take your hard earned cash.

If you need any help in identifying any company that has contacted you or you have found on the internet and want to check if they are genuine, then use our contact page and get in touch.

Have a good weekend.

Fridays Letter from America

Welcome to our Friday’s Letter from America, Irene Parker continues our theme of “Nightmare on Timeshare Street”, with this latest article about the treatment of “Seniors” by the timeshare industry. This article edited by Irene is from another new contributor Jang Park.

But first the latest breaking news from Europe.

Legal history has once again been made in Spain, the Supreme Court has issued another two judgements, numbers 121 & 122. These cases again involved the Tenerife timeshare operator Silverpoint, who has figured in a huge number of cases in the past year. They are also losing on an almost daily basis in the lower courts in Tenerife, this is a result of years of malpractice in the sales of their timeshare product which has seen hundreds of consumers lose thousands of Euros each. (See yesterday’s article, Silverpoint in the Courts: Criminal Action Vs Civil Action).

This weeks court figures are what can only be described as impressive, along with the two Supreme Court results there has also been the following:

In the Courts of First Instance in Maspalomas, Anfi del Mar has had EIGHT rulings made against them.

Silverpoint have also figured in the lower courts.

In the Courts of First Instance in Arona, Tenerife, Silverpoint has lost FIVE cases.

They have also lost in TWO cases in the High Court in Santa Cruz, Tenerife.

Diamond Resorts Europe Ltd have also lost TWO cases:

In the High Court number 3 of Santa Cruz, Tenerife, this court upheld the previous sentence from the Court of First Instance in Granadilla de Abona, which Diamond appealed.

In the Court of First Instance in Granadilla de Abona, Tenerife the client has been awarded over 24,000€, which also includes double the deposit illegally taken within the cooling off period. This particular case is interesting in that the company named is Sunterra Tenerife Sales SL, but under Spanish law Diamond are liable as they took over Sunterra members when buying out Sunterra years ago.

(See PDF files of the court sentences below).

Diamond 1st Instance

Diamond High Court

As usual all the contracts have also been declared null and void, leaving all clients timeshare free.

In all that is an incredible NINETEEN victories, totaling a massive 851,215.00€. This can only be described as a very expensive week for timeshare in the Canary Islands.

These cases were brought on behalf of these clients by the Gran Canarian law firm Canarian Legal Alliance. This does prove that despite what the industry is trying to tell people, these cases are genuine and the timeshare industry is losing.

Below is a video from a Spanish news program aired in December 2017 by TVE, which is the major state owned television station in Spain. It explains the Anfi appeal at the Supreme Court against a High Court ruling which they lost on the illegal taking of deposits. The Supreme Court rejected the Anfi argument that it did not take the deposits as these were paid to a third party. The Supreme Court rejected this appeal as the law clearly states that no money is to be taken within the cooling off period, even by a third party. (Law 42/98 Article 11 & Law 4/12 Article 13).

The video is in Spanish and is subtitled in English, it also has a short interview with Eva Gutierrez a lawyer from Canarian Legal Alliance.

https://www.youtube.com/watch?v=Of9a5iX3Mmg

In other news, last month the RDO (Resorts Development Organisation) announced that it was working with the Alliance of International Property Owners, to replace the discredited and defunct owners association TATOC.

This association is to be totally independent of the timeshare industry, it does represent those who own outright their properties abroad, so let us hope they will be more effective in protecting timeshare owners and helping to change the industry for the better.

Now for our Letter from America.

Another Senior Couple, Age 82, Driven into Timeshare Foreclosure

By Jang Park

June 15, 2018  

I am 82 years old, a California resident and a Korean American since 1978. I worked for a steamship company as an owner representative.

I submitted my complaint to my timeshare company March 31, 2018. I received a refusal from the company yesterday, June 13, 2018. I have asked Inside Timeshare to help me prepare an article to warn other seniors. I was a deeded owner for almost 20 years.We were happy with our timeshare.

We were willing to remain a timeshare member with this company if our last contract for 5,000 points, for which we paid $20,000, would be cancelled. We strongly feel these points were sold by deception.  Now we have to seek the help of an attorney or foreclose, but will work through Inside Timeshare to make sure we talk to the right people. We understand there are a lot of scams that offer to get you out of your timeshare but don’t. I will be filing the following complaints assisted by advocates. I have been told there is no charge to me for this assistance.

First: California Real Estate Division against the California sales agent  

Assisted by my CA Advocate

Second: Better Business Bureau – Assisted by my NV Advocate

FBI, resubmitted due to now six complaints against this sales agent

Federal Trade Commission

AARPhttp://AARP

I have learned through the advocacy group we are the sixth member to complain against this same California timeshare sales agent. I am #6.

Complaint #1  

RB, a veteran “We upgraded in California ONLY because this sales agent said our heirs would not be liable for maintenance fees if we gave up our deed. The sales agent said he used to be a financial advisor. We bought 15,000 points for no other reason. We now know that the survivor benefit already existed. We lost $13,000.

RB worked as a contract specialist for Consolidated Edison. “I know, but when you buy cars and houses all your life, you don’t expect the real estate agent sitting across from you to be a bold faced liar,” he remarked.  

The agent said he would have to look at our contract, but our heirs would likely be responsible for the timeshare. I told him I would be willing to hire an attorney to fight that. He indicated it would be futile to do so as my timeshare company has top notch attorneys and we would not be able to win the case. He then said if we upgraded by buying 15,000 more points, we could avoid those issues. He also said the contract would be an annually renewable contract that we could walk away from at some future time.  

We were led to believe we could pay all our maintenance fees by opening their credit card and charging purchases. We later learned we would receive only $50 credit for qualified purchased for every $5,000.

Compliant #2 Ages 70 and 68 (resolved)

JM, Disabled Vietnam Veteran

First points purchased June 27, 2012

10,000 additional points purchased for $12,500

15,000 additional points purchased for $13,903

Number of points per contract:  30,000

Original Loan Amount: $49,900 @ 12.2441%

We feel we were deceived by the sales staff.  We had been deeded owners since 2001.

On 1/13/2017, we were asked to purchase a trial package. This sales agent advised us that our additional 15,000 points combined with our original 15,000 points would be worth $9,000.  He stated that the value of our points could be applied to pay our maintenance fees. We learned only some members can pay maintenance fees with points at only $.04 per point. He stated that we could take any points we did not use and apply them towards our maintenance fees. He then spoke of the opportunity to earn an additional $2,700 towards our maintenance fees by using the Barclay Credit Card. We learned we would have to charge over $270,000 annually to earn $2,700 towards our maintenance fees.

The sales agent said that with the few points we owned we would be stuck with the contract as well as our heirs, but said if we upgraded, our heirs would be released. He said there would be a letter in our packet stating this. There was no letter.

We were told that the bank would contact us with an interest rate change to 6% from the contracted amount of 12.2441%. That did not happen.

In a phone call they said they had no reason to cancel our contract and that we never mentioned being told that we could sell our points to pay for maintenance fees.

The 6/26/17 written response from the company not marked confidential.

You were in fact properly advised on the fee structure of your ownership per your contract. The findings also went on to confirm through the use of Barclays and the use of Member benefits you can reduce or apply redemption gained back by your choice to your maintenance cost. They found an area of miscommunication regarding your heirs being liable. The information conveyed (but in contradiction to the sales agent) explained that no one is bound to ownership. The on-going correspondence referenced has been forwarded and we have now provided you with a summary of those correspondences in the details aforementioned. Please feel free again to let any of us or myself of course know any other questions you might have.

Complaint #3 GB

7000 points purchased August 2016

Purchase price: $22,975.20

I told this CA sales agent I wanted to sell our timeshare points online to pay for the maintenance fees and loan payment.  He said it wasn’t allowed but he would privately show me how to do this and gave me his cell number. I called numerous times and he never answered. He told us when we upgraded we would have access to multi-million dollar homes. He said we could rent those for a week @ $10.000 and he would show me how when I called his cell.

Complaint #4 AP

1500 points purchased for $6,975 at an October 2016

The presenter said we were not full members and we should have received a letter to go to full membership. We never received a letter.  He then gave us an option of a deal that would only be good right then but we would have to buy 1500 more points to become full members. He made this seem like a huge deal because upper management would not want to give us this deal but they were working with us so that we would be happy.  He informed us that what we had was worth nothing now and we would have to upgrade to be able to use any benefits.

#5 DT, over 85 years old

40,000 points purchased December 2017 for $116,400

Amount financed: $93,870

Maintenance fees $13,000

At the December meeting we were told we could pay all our maintenance fees turning in points. When we contacted the company we were told that we could only pay $2,000 of the maintenance fees turning in 50,000 points.

We were told we could give it up and walk away if we purchased more points.

I am complaint #6 against this same sales agent

I purchased 5000 points for $20,000. The California sales agent told me I could pay maintenance fees by redeeming points at $.20 per point through the 20/20 program. I confirmed this more than five times with his agreeing when I said there should be some $250 left over after paying our new maintenance fees of about $2,800 with his writing down on the working paper, which he refused to give me after the presentation when I asked.

He said if we get their sponsored Visa Card, they will put $1,000 cash to our credit card account as an Honored Member. When we said we will have two cards, each for me and wife, he said $500.00 of cash will be credited to each account. It was not so important benefit compared with above no. 1, but was found a lie.

The sales agent said we can exit from Timeshare Ownership at any time without any obligation, which his manager confirmed true.

In 2015 we gave up our deeded timeshare. We were told there is no cap on maintenance fees for people who hold a deed. This was not true. We were told there is a 5% cap on maintenance fees increases for points if we gave up our deed. This is not true. We purchased 10,000 points. The sales agent said we could sell the points if we needed to. He gave me the name of a company that could sell the timeshare if we needed to.

The agent said it is almost impossible to sell a deeded timeshare, but timeshare points can be sold easily for about $15,000. He checked with IPhone and gave the following companies to me:

  • Steve Likins – Hilton Head & timeshare sales, 843-816-1900
  • Jimmy ; 706-839-7798
  • Timeshare Resale USA.com; 407 345 9333

We tried to sell our timeshare, and attended about five times, timeshare exit companies’ presentation, but we found all of them asked some fees to get exit.

Thank you to Mr. Park and to all members hoping the public gets the Buyer Beware and do your homework message.

Self-help groups for timeshare members.

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Jang for your story, it is one we have become so familiar with over the past year or so, ever since we highlighted our first seniors article, we have been receiving a constant stream of similar complaints.

As we have said before, the industry is destroying itself by allowing their employees to lie and cheat, then take no responsibility for those actions. We keep hearing from all quarters, “ We are not responsible for what our sales agent say”. That is the weakest get out imaginable, they are your employees, they are selling your product, they represent your company. It is about time you as an industry took responsibility and changed for the better.

Timeshare could be a good product, the complaints are around the sales not the resorts, accommodation or the resort staff, in this area it looks like the vast majority are happy owners / members.

We are not against business, but we are against business purely for greed, which is what the timeshare industry has turned into.

If you have any comments or questions about any subject in this article or any others published, then use the contact page and get in touch. If you are from the US you will be passed to our team coordinated by Irene. For those in Europe then you will be contacted directly from Inside Timeshare.

As usual we warn you to be vigilant when dealing with any company that contacts you or one that you have found on the internet, do your homework, check, check and check again. If you are unsure how to check, or you are not sure if what you are seeing is true, then contact Inside Timeshare, we are here to help and guide.

That’s it for this week, Friday is here, happy hour is calling, so have a good weekend and join us for more news from the world of timeshare next week.

Friday’s Letter from America

Welcome to this week’s Letter from America, today we highlight two families who have been up-sold by Diamond, Gad and Noreen Liebmann who are staging a protest outside Diamond’s Daytona Beach Resort and Sheilah and Thomas Brust. These stories are another in the series of  “A Nightmare on Timeshare Street”, but first a quick roundup from Europe.

It has been reported that yet another “Relinquishment and Claims” company is in liquidation, Standon Mortimer Associates. This company is one in a long line that informed clients that they could lodge a “no win no fee” claim against their timeshare, the only thing was to do this they had to “relinquish” their membership first. Obviously this was a great cost.

Once the membership was canceled then they would put in a claim, usually under section 75, which as we have said before is not likely to pay out. The whole scam was to get your money for the cancellation, which in many cases was never actually done.

If you have paid this company to carry out any work regarding your timeshare and it has not been done, contact the liquidators below:

Name of Company: STANDON MORTIMER ASSOCIATES LTD

Company Number: 10437622

Nature of Business: Timeshare Relinquishment

Type of Liquidation: Creditors’ Voluntary Liquidation

Registered office: C/o Kingsland Business Recovery, 14 Derby Road, Stapleford, Nottingham, NG9 7AA

Liquidator’s name and address: Tauseef Ahmed Rashid, Kingsland Business Recovery 14 Derby Road, Stapleford, Nottingham NG9 7AA

Office Holder Number: 9718.

Date of Appointment: 18 April 2018

By whom Appointed: Creditors

Further information on Silverpoint or is it Signallia Marketing has just come in, apparently a representative from Signallia is knocking on the doors of guests at Hollywood Mirage.

There are this week a couple more happy ex-timeshare owners, the first is an ex-Anfi member, who this week had over 53,000€ paid into his bank account after his recent court case where his contract was declared null and void.

This does fly in the face of the Anfi management denying that anyone is getting paid, according to Canarian Legal Alliance, Anfi have actually paid out 2 million euros.

In another case a German client who purchased his Anfi del Mar timeshare for 14,000€ had his contract declared null and void, with thcourt awarding him over 23,000€ plus legal interest. This is a result of Anfi taking a deposit within the cooling off period which is forbidden, so the court awarded double the amount taken.

Now on with our Friday letter.

A Report from Two Diamond Resort Platinum Members Up-Sold by the Same Daytona Sales Agent

Sheilah Brust warns: Keep The Pencil Pitch

Gad and Noreen Liebmann: Up-sold into financial disaster

There is no such thing as the “Ability to get (Double Usage)”

Page 2 of the Pencil Pitch is based on 15,000 points actually purchased instead of 25,000, so 65,000 points illustrated instead of the 75,000 first proposed

65,000 own                $8,631 current maintenance fees before 15,000

65,000 given                2,621 maintenance fees on the new 15,000

130,000 points            $11,252 Total maintenance fees with new 15,000

 50,000 if used            8,000 Less reimbursement check

 80,000 left                  $3,252 Maintenance fees still owed       

x $.10 reimbursed     EXCEPT THERE WAS NO 65,000 POINTS GIVEN!

$8,000

The CLARITY™ Promise handed out before sales presentations:

With this clear, concise and consistent information, consumers can easily determine whether the Diamond Resorts hospitality experience is the right decision for them and their families.

https://www.businesswire.com/news/home/20170123005839/en/Diamond-Resorts-Launches-New-National-Customer-Service

Diamond’s Response to Sheilah Brust:

On April 5, 2018, we received a call from a “hospitality” agent. She said our complaint had been escalated to the legal team and they found no wrongdoing. This is part of what she said to us.

I definitely agree that your confusion of that process is warranted. I have spoken to our legal team and sales team and we agree the double point explanation is definitely something that could have been misconstrued or seen as confusing by members or purchasers.

We have made changes to the way that information is given at the time of sale but we have to say the stance we take on this is: because there may have been some confusion on how you may use those points to create a savings for yourself doesn’t make the explanation illegal.

By Irene Parker

June 8, 2018

Gad and Noreen Liebmann were up-sold by the same Daytona Regency sales agent as Sheilah Brust. Gad and Noreen have been protesting outside the Daytona Regency by holding up signs an hour or two every day except Sunday for over three months. They will take a few months off to go up north, but plan to resume their protest in September.

In preparation for this article, I felt it was important to get a feel for what it was like to hold up a sign. As we walked to Daytona Regency from our cars, Gad and Noreen dropped off food for a homeless man. Gad told us, “One of the homeless was offered $20 to ‘get rid of them’ and on another day one of the salesmen brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart to help pay our dues.”  

My husband and I weren’t sure what to expect. We arrived about 11:00 AM, Friday June 1. We were greeted by the security guard. He could not have been nicer. He seems to serve as a sort of diplomatic liaison between Gad and Noreen and the staff at Daytona Regency. He patiently listened to me relate some of the more serious allegations timeshare members have reported to Inside Timeshare, 208 since January 1. He said he has not purchased Diamond points.          

Inside Timeshare has heard from a total of 32 Diamond Platinum members, alleging they were up-sold by deceitful sale tactics or are disappointed in their Platinum membership. Of the 32 Platinum members, 29 members reported they were told they would be able to sell points, or pay for maintenance fees, if they purchased more timeshare points; utilizing programs members say did not exist. Thirteen of the 32 Platinum members say they have resolved their dispute. Eleven were up-sold by the same Diamond sales agent.

Pictured from left: Noreen, Irene, Tyler and Don

The sign my husband Don is holding reads,

Diamond is not responsible for what our sales agents say.”

This was told to Diamond member Joshua Parker (no relation) by a Diamond VP on a call Diamond recorded. Josh says he was told points are an investment and would be easy to sell. When Josh and Nichole learned they were expecting twins and could no longer afford the timeshare, they learned there is virtually no secondary market for Diamond points. Josh is a 90% disabled Army veteran. He served in Iraqi. They are in the foreclosure process.

John Collick, a decorated 100% disabled Marine veteran, was told he needed to buy Diamond points because Diamond was acquiring his timeshare, The Colonies. This turned out not be true.

Josh and John were both told, Diamond is not responsible for what our sales agents say.” That would be okay, except Diamond hands out to consumers before a presentation their CLARITY™ promise, launched after Arizona Attorney General Mark Brnovich issued the company an Assurance of Discontinuance.

Amanda and George Jones are both active duty Navy. They recently received their foreclosure letter. Both fear losing their Security Clearance. They say they were told by Diamond sales agents in Virginia and Florida their 18% loan would be easy to refinance, “Just Google it.” http://insidetimeshare.com/tuesday-slot-irene-3/

Today, June 6, 2018, another Navy couple contacted Inside Timeshare. They too could lose their security clearance as they are Navy logistics.   

Sheilah and Thomas Brust’s “Double Point Promise” complaint

Sheilah says she and her husband Thomas were promised double point usage if they upgraded by buying 15,000 additional points. Already Platinum members with 50,000 points, they had enough points to meet their travel needs.

Sheilah and Thomas met with Brad Leslie on February 4, 2017.  Mr. Leslie said there were big updates due to Apollo changes. Brad said he had just learned about the double points program in Orlando while in training. Another Florida DRI sales agent pitched a double points program to a Navy veteran. Her complaint has been resolved:

We were hosted by the Diamond Resorts East Coast Sales Team from Mystic Dunes. They said we had been invited to the workshop as a way to thank us for having been Platinum members for over five years. Mystic Dunes sales agent A M explained details of a program only available to five plus year Platinum members. A M said if I purchased an additional 25,000 DRI points, I could take advantage of a special offer and never have to pay maintenance fees. He illustrated on paper how the program worked.   

57,500 points I owned prior to the workshop

25,000

82,500 x 2 (double points) = 165,000

Back to Sheilah’s “Pencil Pitch”

Brad Leslie said that over ten years our maintenance fees would be $86,310. According to Brad, we would have 65,000 points after buying 15,000 more points but DRI would give us 65,000 more – so we would have effectively 130,000 annual points. Of the 65,000 original points, we would use 50,000 and the purchase of an additional 15,000 points would allow us the extra bonus 65,000 points. Brad said we would receive via check or reloadable debit card $8,000 from the redemption of 80,000 points at $.10 through a travel reimbursement program that could be used to pay maintenance fees. If we redeemed 80,000 from the 130,000, we would be left with 50,000 points to travel.     

I asked Brad why this program was developed. He said Diamond wanted to make sure we STAYED VACATIONED. Now it seems more likely he wanted to drive us into foreclosure to be able to start over with his next victim.  

As a result of this up-sell, we have less time to travel because we have to work to pay for the additional points that increased maintenance fees to $11,252. We also have a loan with Diamond for $31,000 and the $26,000 Barclay card charges.

Brad charged on two Barclay cards $14,000 in my name and $12,000 in Thomas’ name. After he opened the cards, Brad said,Barclays loves you! You got $26,000 credit!” I was livid after I learned what happened as we were unaware the amounts had been charged. We could have used a different credit card that would have gotten us rewards points.

We saw Brad again in May 2017. Brad said the program had changed. Brad told us in February we would be sent a debit card that would be reloadable for the maintenance fee reimbursement program. Brad informed us in May that DRI was getting rid of the debit cards because there were problems. Brad had said the double points (65,000) would appear on a split screen on our dashboard. He said DRI was still working on the split screen. This program only made sense if we received the additional 65,000 points. I wrote down everything Brad said. I have an accounting background.   

This whole deal was based on having 130,000 points using points at $.10 a point for a Travel Advantage reimbursement service, but this was of very poor value and only made sense because of the extra bonus 65000 points. You can book a lot of vacations with 54,259 points that would vastly exceed a measly reimbursement check for $5,425.90.

Brad assured us he would be here for us and hoped he could restore our trust in Diamond. We had explained how we had been duped into buying 4000 more points in California so our heirs would not be saddled with Diamond points.

Diamond has refused to help Sheilah, but she is encouraged by a call from her Florida Timeshare Division reviewer supporting her claim.

Gad and Noreen’s debacle

Gad and Noreen own 96,000 Diamond points, only because they bought an additional 25,000 points to take advantage of benefits they now know they already had. Gad and Noreen are both Army veterans. Noreen served as an Army officer in the nursing corps. Gad, also an Army veteran, worked for IBM and VISA, at times stationed overseas. The Liebmanns have nine children, not counting children they fostered. According to Gad,  

For over 20 years we enjoyed using our Diamond points. We had purchased eight Diamond contracts over the years and had been happy until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud.  Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways.

A call to Diamond CEO Michael Flaskey got a response from a lady who offered to allow us to give back some of our points, lowering the dues but not eliminating the latest purchase.  In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points to take advantage of a program we already had. We may be older, but we’re not stupid.

We have used all of our 2018 points for redemption reimbursement and with the over $700 monthly mortgage payments, we can no longer use Diamond points for vacations. Since we can’t afford to travel because of this debacle, we thought we should warn others by holding up our signs. I feel America is in a moral crisis when CEOs feel no concern when people complain directly to them of questionable business practices. My heart is heavy since the DRI salesman Brad Leslie professed to be a Christian, as I am.

Gad and Noreen protesting outside Daytona Regency

Thank you to Gad and Noreen and Sheilah and Thomas for joining our advocacy efforts. I reached out to Diamond for comment, but they did not respond. We were hoping they could explain Sheilah’s pencil pitch.  

Many timeshare members feel there is little to no timeshare enforcement in Florida. According to several members, Florida dismisses complaints, backing up the developer by also falling back on the oral representation clause. Florida receives about $70 billion a year in tourist revenue.

From the Florida Attorney General’s Timeshare Division DBPR

Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale.  A document called “Acknowledgment of Representations” or “Purchaser’s Understanding” or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product.  A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations. Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.  

From the Arizona Attorney General’s Assurance of Discontinuance:

IV Assurances

“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:

  1. Sales agents should not deviate from sales material
  2. Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

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

Contact Inside Timeshare or one of these self-help groups if you need help.

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

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

https://tug2.com/Home.aspx

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

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

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

That’s it for this week, Friday is here and the weekend is about to start, join us next week for more readers stories and their experiences in the world that we call “A Nightmare on Timeshare Street”.

We will also be publishing more information on those companies that keep springing up promising the earth and delivering nothing, so remember if you are called and are not sure if the company is genuine, do not do anything until you have done your homework, double check and check again.

If in doubt contact Inside Timeshare and we will show you where to look.

Have a great weekend.

Friday’s Letter from America

Welcome to the first Letter from America for June, this week Irene Parker follows on from Haley Saldana’s Tuesday article, but first we look at the end of the week in Europe.

Over the past few weeks we have been issuing various warnings on some very dubious claims companies and fake law firms, we have now received some new information about one called Abogados Lopez.

In the past warnings the name of the lady on the phone was Hope Brugge, well it seems that Hope has now changed to Megan Haywood.

The pitch is the same as before, checking the details of how much they paid etc, before they file the case at court, the a day or so later the great news comes in that they have won the case and the court has awarded a substantial amount. Yes you guessed it they need to be paid to release the money.

The telephone numbers being used are:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

Another number that has been used is

0044 1291 440 500 which is a Chepstow code.

This week has also been busy with the courts, Silverpoint has been on the receiving end of yet more Supreme Court rulings, with four in one week, this makes a total of 118 against the timeshare industry as a whole.

There have also been six sentences issued in the Courts of First Instance against Anfi del Mar and Silverpoint, with the total being awarded by the courts to the clients amounting to over 409,000€ plus in most cases the return of legal fees and legal interest. The contract have also been declared null and void, leaving these client not only financially better off but timeshare free.

All these cases were brought on behalf of the clients by none other than those intrepid lawyers of Canarian Legal Alliance.

Now on with this weeks Letter from America.

Diamond Resorts International Lawsuit against Castle Law

Declarations of Two Former Castle Law Employees

The Tangled Web: Castle Law Group Entities

How money was funneled from timeshare members to Castle Law

By Irene Parker

June 1, 2018

Diamond Resorts International filed a first amended complaint for damages, injunctive and other relief against Judson Phillips, Esq., Castle Law Group, P.C. and 24 other defendants in the US District Court of the Middle District of Tennessee on February 21, 2118, in an effort to untangle Defendants’ web  of deceit and so as to end Defendants’ improper and legally inappropriate schemes, and in doing, not only vindicating its own rights, but also safeguarding the unsuspecting public and positively impacting the timeshare industry at large.

Case 3:17-cv-01124

Timeshare developers say timeshare exit companies like Castle Law are targeting timeshare members, enticing them to get out of their timeshare contracts. Some of these exit companies charge thousands of dollars upfront, but members are held in suspense for months or years, only to learn they were not released from the timeshare contract. On the other side of the dispute, timeshare members have been contacting Inside Timeshare, desperate to be released from timeshare contracts they never knew were perpetual, and had little or no secondary market.  

https://www.nashvillepost.com/business/legal/litigation/article/20972343/resort-company-sues-local-lawyer-over-timeshare-exits

This past Tuesday we published an article about Haley Saldana getting caught in the middle of a dispute between Castle Law Group and Resort Relief. Haley lost $3,495 after paying Castle Law to get her out of her Silverleaf timeshare, only to find herself foreclosed anyway. http://insidetimeshare.com/the-tuesday-slot-with-irene-6/

Two former Castle Law employees, a director of business development and an attorney, relate their experiences working for Castle Law Group, PC and Castle Marketing Group, LLC in depositions filed. I reached out to both employees through Linked-In and the attorney’s law firm. They did not respond.  

Over a year ago I received an email from Carly Vaughn, former public relations manager and content writer for Castle Marketing, asking if I would be interested in writing for the Castle blog. I declined the offer.

We first published an article about developer lawsuits against Castle Law and Judson Phillips August 22, 2017.

http://insidetimeshare.com/legal-news-us-castle-law-group-pc-v-timeshare-developers/

Among the twelve causes of action in the “cease and desist” letter Castle sent to developers, are those Inside Timeshare readers, asking for help in complaints against developers, would not disagree with. From the Castle “cease and desist” letter found in public filings:

  • Improper and unethical high pressure sales tactics.
  • Gross and deliberate misrepresentations regarding benefits of ownership.
  • Gross misrepresentation regarding the ability to utilize timeshare points to cover fees associated with membership and exchanges.
  • False information regarding the ease and/or ability to resell for a profit.
  • False sense of urgency to purchase the same day.

A “cease and desist” letter demands all communication with the client, including collection attempts cease under the Fair Debt Collections Protections Act.

Declaration from an attorney who worked for Castle Law

In his declaration, the lawyer states that it became clear to him that Castle Law was not functioning within the ethical boundaries of a proper law firm. At no time was the lawyer tasked with meeting with and/or engaging clients. Rather, according to the attorney, Castle Law clients were primarily engaged through outside third-party exit timeshare companies. Only on a few occasions does the lawyer recall even speaking with a prospective client. The attorney graduated from law school in 2015 and was hired by Castle Law Group, P.C. in 2015. He worked for Castle Law until May 2017. According to the attorney’s declaration:

It was my understanding, through observations, that many prospective clients engaged the services of Castle Law without ever speaking with any attorney. Strangely, I agreed to have a rubber stamp made of my signature to be used by assistants, which made me uncomfortable.

While at Castle I was shocked to learn telephone calls were being recorded without my knowledge, whereby neither of the two parties was aware they were being recorded. I learned of this practice from Sean Austin, president of Castle Marketing, which I now know to be illegal.

I was involved in the evaluation of various cases of timeshare owners who did not have valid claims and should have been entitled to a refund of monies paid to any of the Castle entities. I reported my claims to Judson Phillips and Michael Keever. To the best of my knowledge, very few, if any, actually received a refund. (Castle Law Group and Castle Marketing were both operated by Sean Austin and Michael Keever, neither licensed to practice law)

After I left Castle, I became aware that Castle Law sent out letters to their purported clients that they never represented them. I became aware of such letters after I was forced to defend my license to practice law against four bar complaints against me. All four complaints were eventually dismissed.

DECLARATION 2

This declaration was provided by the “assistant director of affiliate relations” who later served as “director of business development” for Castle Marketing Group as an independent contractor in 2015.

The director’s role was to communicate with and manage outside affiliate companies, referred to as Third Party Exit companies (TPE) who solicited timeshare owners to cancel their timeshare contracts. According to the director:

I observed that Castle Law allowed the outside affiliates to use Castle Law Group’s engagement agreement without an attorney being present or consulted. I observed that timeshare owners were being led to believe they were paying legal fees entirely to Castle Law Group, which was not true.

Initially, Castle Law Group collected all of the funds and was engaged in the practice of sharing the fees with the TPEs. Sean Austin told me that they had created Castle Marketing Group to “act as a buffer between the clients and the law firm” and to “protect the law firm” and to “get around the issue of fee splitting.”

Later Sean Austin told me Castle Law Group was not making any money, which was “not legal,” and that funds had to be pulled out of Castle Marketing Group and transferred to Castle Law group, so that it would appear as if Castle Law Group was earning revenue as part of the transaction. The TPEs kept their portion of the amounts paid for legal services and sent the rest to Castle Marketing. Castle Marketing then transferred funds to Castle Law Group and the many other business entities operated by William Michael Keever and Sean Austin (pictured above).

I observed that attorneys at Castle Law Group rarely, if ever, met with or spoke to the timeshare owners. Sean Austin told me that the staff needed to keep the timeshare owners happy as the lawyers did not have time to confer with them.

At times a year or more went by without any action taken by Castle Law Group on behalf of the timeshare owners. I witnessed that timeshare owners who persisted with their complaints, or demands to speak with an attorney, would be placed on an “escalation sheet.” Staff members would, in some instances, contact customers to calm them down and say whatever was necessary to keep them hanging on until the deadline for their money-back guarantee had expired. My job became so stressful as a result of timeshare members and TPEs demanding answers, my health was impacted and my doctor advised me to quit my job.

The funds collected from the legal fees paid to Castle Marketing Group were funneled to other business ventures owned by Sean Austin and/or William Michael Keever. These businesses included: Castle Venture Group, Worthington Galleries, God Cloud, ExxoGear, Advisant, Kryptobit, and Instant Merchant Group, among others. Sean Austin expressed to me on more than one occasion that the payroll and budget for all these companies was dependent on my work with the TPEs and the funds generated.  

When I expressed my concern that “clients” would complain to the Tennessee Attorney General, Sean Austin stated that Castle Law Group was registered only in the name of attorney Judson Phillips, so Sean Austin, William Michael Keever and the staff, as non-lawyers, would be shielded from any liability or fault.

The Director left Castle Market Group in 2016.     

To date Inside Timeshare has received 437 requests for assistance from timeshare members who allege they were defrauded by unscrupulous timeshare sales agents. It is our hope a meaningful dialog will develop to clean up both sides of the timeshare sale.  

Contact Inside Timeshare or one of these self-help groups before paying anyone to get you out of a timeshare contract.

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

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

https://tug2.com/Home.aspx

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

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

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

So that’s it, the end of another week in the world of timeshare, a week that has seen more fake companies emerging and many cases against some of the major timeshare companies being resolved in the courts.

If you require any information or have any comments on any article published, use our contact page and send us a message.

Have you been contacted by a company with a similar story to the ones published and want to know the truth, or have you found one on the internet, then contact Inside Timeshare and we will help you to find the information you need.

Remember to do your homework before engaging with any company, it will save you a lot of heartache in the end.

Have a great weekend and join us next week for more “Nightmares on Timeshare Street”.

Friday’ Letter from America

Welcome to this weeks Letter from America submitted by our very own Irene Parker, but first some news from the Gran Canaria.

Canarian Legal Alliance has had what can only be called a very successful and dramatic week in the courts. At the Supreme Court in Madrid the judges once again ruled in two cases against the Tenerife timeshare operator Silverpoint. This now brings the total number of rulings by Spain’s Highest Court against the timeshare industry as a whole to a massive

There was also a High Court ruling in Tenerife against Silverpoint, plus two Courts of First Instance rulings in Gran Canaria against Anfi Del Mar. In all, clients will be receiving over 148,000€ plus legal interest.

In four cases at the Courts of First Instance, numbers 2, 4 and 5, with Anfi Resorts once again the defendants, all judges came to the same decision as per the rulings of the Supreme Court. The basis of the sentences varied from the lack of a tangible object found in the contract, floating weeks, along with the contracts being over 50 years in duration.

In all the courts have awarded these clients over 138,000€ plus legal interest, also in all seven cases the contracts have been declared null and void.

So seven very happy clients and no doubt celebrations at the offices of the lawyers.

Now for our Letter from America.

How I Made my Worst Enemy so Much Money in the Stock Market in Six Days he probably didn’t have to Work Anymore!

The Flip Side – Consumers Drowning in Debt

By Irene Parker

May 25, 2018

After a pathetically aggressive and deceptive timeshare presentation my husband and I attended in 2015, I started researching timeshare. We had owned three timeshares having bought our first two timeshares around 1984. I didn’t know how to use Facebook and knew little about Social Media. I started posting comments on places like Tripadvisor. One site responded to my post asking me to fill out a form describing my work and educational background. That seemed odd, but I responded that I had retired from Edward Jones Hawaii and had an MBA and a CFP. A few days later I received a call from one of the TheStreet editors. I almost fell over when he said TheStreet was Jim Cramer of CNBC Mad Money’s investment news service!   

My first TheStreet article was an “editor’s pick” about how I made my worst enemy so much money in six days he probably did not need to work again. Another article was about creating wealth. Given most of the 431 timeshare members who have reached out to Inside Timeshare are struggling with oppressive timeshare loan payments, credit card payments and maintenance fees, I republish my advice to graduates on how to avoid excessive debt. I published about twelve articles for TheStreet before finding my writing and advocacy home at Inside Timeshare. The education I received while working with four TheStreet editors, all possessing the patience of Job, felt like I had earned a degree in journalism.

I hope a developer or two will take the time to read about how two adversaries can come together for the good old fashioned goal of making tons of money. Shooting yourself in the foot by allowing deception to become the norm is unfair to the consumer and has devastated many families. Let’s together turn this ship around and drain the swamp of predatory and criminal sales agents. At least that is what they are if allegations hold true, according to several FBI agents I have talked to over the last year.

Doctor Khalil in my article and I had a grudging respect for each other that we weren’t even aware of. It is my hope the angry timeshare member and developer can come to a similar understanding for the good of the industry. The timeshare developer needs to wake up to the futility of allowing and encouraging sale by deception via overreliance on the oral representation clause, making the consumer sign a perpetual contract, often at a high loan interest rate, often with no secondary market. It can’t continue as it has. Social Media is here to stay.

My investment hero is Peter Lynch, former manager of Fidelity’s Magellan fund. As mentioned in my article, while sitting around waiting for my Series 7 score, I read Warren Buffett’s biography and Mr. Lynch’s book, One Up on Wall Street. Their sage advice guided my career. It was a great compliment when ValueWalk reposted my article referencing One Up on Wall Street. I may take a flyer once in a while, but I will always be a value investor at heart.  https://www.valuewalk.com/

May 22, 2016

 https://www.thestreet.com/story/13576145/1/the-markets-crashed-my-first-day-as-a-stockbroker-and-here-s-what-i-did-next.html

The consumer is not off the hook. My mother would admonish anyone who financed a luxury item like a timeshare at 12% to 18% for ten years, often relying on a 20% or higher interest rate timeshare credit card. That doesn’t make any sense, according to my mom.     

Predatory Credit Card Lending – Graduates Beware!

Heed the Cardinal Rule of Investing

How the Time Value of Money can grow $50 a month to $1 Million  

Originally published by TheStreet June 11, 2016

What does this have to do with timeshare?

Don’t finance a luxury item at 12% to 18% as this has been driving some families into foreclosure and sometimes bankruptcy. I don’t think there is a financial planner in the land who would think this is a good idea.

Timeshare members have been contacting Inside Timeshare describing how they have ended up in a financial timeshare wasteland. Tomorrow is my 67th birthday, which has caused me to reflect on my mother, who would have reacted violently, had she learned I financed a vacation at 12% to 18% for ten years.

The importance of prudent borrowing and paying yourself first

First off, buy no vacation plan unless you are maxing out your 401K, 403B, IRA or company retirement saving plan. It’s always best to check with your accountant to determine whether a 401K or IRA is the best choice. The Roth IRA is of great benefit to younger people. But this is not an article about retirement vehicles – it’s about encouraging graduates to start early.

To become better informed, read Jim Cramer’s book, Get Rich Carefully, and then simply check yes to something, preferably 15% payroll deduction.

Here is my TheStreet article about my mom’s extraordinary forced savings plan and about how $50 a week starting early can end up over a million $. Please pass this lesson on to your upcoming graduate.

   

https://www.thestreet.com/story/13603800/1/recent-college-graduates-heed-this-cardinal-rule-of-investing-now.html

My mom drilled into me the time value of money principle every Friday night from the third grade until my high school graduation. This principle is so simple you would think it would not even need to be mentioned. Unfortunately, as an Edward Jones broker, only about one in twenty of my 1,200 client families working towards financial independence, got it. Many did not max out their 401K, 403B or self-employed retirement account.

My mother’s retirement savings method was extraordinary. Her finance education was nothing more than a bookkeeping class she took in high school; but she was a walking MBA. My father flunked 7th grade three times due to something about the school basketball team. He started and failed in six businesses, narrowly escaping a second bankruptcy. I was born into a dry cleaners, his seventh attempt at business.

The first thing my mother did was to hire an accountant. She had had it with financial mismanagement. The accountant, John Schmuck of Ferguson, Missouri, warned my mother, “Whatever you do – keep Johnny out of the books!”

On my ninth birthday, I was informed I was to start helping with the Friday payroll. Mom told me about her “background fund”. Every Friday night she would point to the checkbook balance and a number she recorded in a secret location. She would say each week, “This is our background money – and you are not to tell your father about it unless I die.” It was a lot to absorb at age nine. You see, if the dry cleaners took in $200 in a day, but had $100 in bills to pay, Mom would only record the balance as $100 so my dad would think they were broke. My Mom kept up this charade for 27 years! At age 65, my parents stopped by a Cadillac dealer. Mom pointed to a powder blue Cadillac and asked Dad, “Do you like this one Johnny?” He nodded. Mom looked at the salesman and said, “We’ll take this one.”  She wrote a check, turned to my dad and told him he could retire.

One of my brokerage clients was a cartoonist. She took this story and made it into a cartoon booklet. I handed out 2,000 copies to help build my brokerage business on the Big Island of Hawaii, currently erupting. I had just opened my brokerage office in Honoka’a. The local police officer went up and down the street warning residents not to invest money with this haole lady (haole means in Hawaiian “one who has no life” because the Hawaiians thought the white sailors were ghosts) as I would in all likelihood take their money and abscond back to the mainland. At the time, the local insurance agents were selling whole life insurance policies as an investment.

Undeterred, learning the sugar plantation had closed, and workers could not get their pension benefits, but could get Social Security disability benefits, I lobbied the ILWU. It took about a year, but they amended the plan, workers received their benefits. I began receiving calls like, “You’re the only haole we trust!”  My business flourished as $50 million in assets flowed in.

But – back to the cardinal rule of investing. The most important principle my mother taught me was – PAY YOURSELF FIRST!  As I typed payroll checks, she would point to the list of employees and sadly say, “You see these people! They live from paycheck to paycheck! Think of yourself as a light bill or a telephone bill. You would not miss paying those bills. Don’t wait until you pay your bills to see if anything is left over to save!” Pay yourself first!

If you heed my mother’s advice here is what can happen based on historical stock market performance:

Age 25 – first job at $40,000 per year – 15% of pretax earnings = $6,000

$6,000 in annual 401K contributions

(The Wow of throwing an estimated $5,000 to $6,000 a year in payroll taxes – to the IRS – and what that could have grown to if invested in a 401K convinced a lot of people to get with the program) To continue:

N = number of years (35) to work to age 60

8% – Average estimated growth rate or total return with dividends and capital gains reinvested

The estimated future value at age 60: $1,116,612.

Liquidating or receiving in dividends and capital gains 5% of portfolio income each year in retirement: $55,830 estimated annual investment income.

Most people can comfortably retire on 70% of current income (you should be earning more at age 60 than the $40,000 a year you started out with at age 25).

Sadly, it was not unusual for someone age 45 to come to my office and tell me they needed to start saving for retirement with nothing yet saved. This scenario:

Age 45 earning $40,000 = $6000 saved annually

N = 15 years until age 60 and average estimated growth rate – 8%

Future value estimate at age 65: $175,945.

5% of the $175,945 would generate an estimated $8,797 a year in income

The examples illustrate the power of the time value of money. I went through this exercise with all new clients and watched their eyes widen as my now ancient 12C HP Calculator blinked out the good or bad news. I recently showed my estate planning law firm how it works. Despite being a highly skilled law firm, my little calculator caused shock and awe. Teachers were the best savers; maybe because of the steady paycheck and their expertise in education.

Make sure to pencil in ten minutes every birthday to keep your annual scorecard by updating the numbers. There are an abundance of retirement estimators on the internet. My husband and I had kids to send to college, pitfalls and financial disasters, but overall, we kept the 15% rolling.

Thanks to our pharmaceutical bioavailability laboratory, my jumping ship to learn the ropes of Wall Street, and prudent investing, my husband and I retired at age 55. We don’t live in a palatial home or drive an expensive car, but we enjoy our comfortable lifestyle.

And you know what else? Not one of my clients ever told me they were sorry I made them save all that money.

Thank you Irene, a change from our normal theme, Next week in the Tuesday Slot we publish a story from Haley Saldana, another new contributor and her story of woe.

If you need any help or advice about any company that has contacted you or you have found on the internet, whether is be about claiming or just getting out of your timeshare, use our contact page and we will give the correct information.

So that’s it for this week, it’s Friday and the weekend is now upon us, have fun and join us next week with more news from the world of timeshare.

Friday’s Letter from America

Friday’s Letter From America is from Irene Parker, written from Poco Diablo Resorts, a Diamond Affiliated property in Sedona, Arizona. Irene thought our EU readers would like to hear about an unusual travel activity that takes place annually in Sedona, one of the most popular tourist destinations in America, south of Arizona’s Grand Canyon.

Irene said she received good value for her Diamond points. All timeshare members should remember their timeshare math, checking the value of maintenance fee dollars against booking online. Given Poco Diablo’s $13 per night fee for something, and a 13% tax, it was significantly less using Diamond points. She checked into Poco Diablo on Friday the 13th.

Inside Timeshare has been asked by Canarian Legal Alliance to issue the following warning.

A company going by the name of Abogados Lopez (Gran Canaria & Marbell) is contacting clients and stating they are calling on behalf of CLA. In the call clients are told that a settlement has been reached and a considerable sum has been offered.

To finalise the payment  of these funds, a processing fee of 10% is required, this is to be paid by bank transfer.

According to the email after the initial telephone conversation, the processing fee covers the following:

Modelo 214: This is a Tax declaration form, it has to be filled in by their Notary on the clients behalf. It is to confirm that the money awarded by the judicial system is non-taxable, but when is arrives into the clients personal account via bank transfer the client must inform the Inland Revenue.

Modelo 037: Another form which enables their Notary to set up an online verification account in the client’s name.

Modelo 790: Yet another form which gives them authority to enter the clients non-residential NIE number into the fiscal system, attaching it to the clients case file. The client is also told it is only valid for three months.

The attached letter in the email has what looks like official stamps and logos, so it does look very official to the uninitiated.

They are using 2 telephone numbers, one is a Spanish mobile number: 0034 602 657 670 and a UK number with a Chepstow code: 01291 440500, when dialled this number does not connect, another number that has been given is 0034 951 242 867 which is a Malaga number.

Their email address is: [email protected], there is a website but it does not contain any information. The website was registered on 22 March 2018 and is using a privacy service to hide the owners.

The address that Abogados Lopez is using is: Calle Teniente C Castillo, Olivares 12, 35011, Palmas De Gran Canaria, Gran Canaria, España.

This is yet another fake law firm and is not working with Canarian Legal Alliance and has no authority from them, if you have been contacted by Abogados Lopez and received any information from them via email, contact Inside Timeshare and we will pass on the information to the lawyers at CLA.

Now for this weeks Letter from America

Our Diamond Resorts Experience at Poco Diablo, Sedona, Arizona

The War In Between, by Director Producer Riccardo Ferrais

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

A documentary about PTSD diagnosed veterans and wolves and why timeshare sales agents should not defraud our veterans

By Irene Parker

April 27, 2018

Tuesday May 1: A Military PSA by Joshua Parker, US Army, Ret, OIF

A Wolf Friendly Resort – Wolf Week April 17 – 22 at Poco Diablo

An unusual resort activity

POCO DIABLO RESORT is a trademark of Poco Diablo Resort, LLC, a limited liability company formed under the Limited Liability Code of the Fort McDowell Yavapai Nation.

Those who suffer from the effects of a traumatic event can do one of two things – fall victim or channel outward in the fashion of John Walsh, producer and director of the American television show, America’s Most Wanted, advocating on behalf of homicide victims and their families. Joshua Parker is an army combat veteran alleging he was defrauded by timeshare and told by a company vice president, “We are not responsible for what our sales agents say,” Joshua has joined our advocacy efforts reaching out to military publications to warn veterans, and especially Active Duty military, several in danger of losing their Security Clearance due to timeshare foreclosure.  Sales agents, by the words of this vice president, are encouraged to make up outrageous claims to sell vacation points. Inside Timeshare has heard from 42 members of the military alleging they were defrauded by timeshare sales agents.    

Scamming consumers is bad enough, but we find nothing more disturbing than preying on war heroes who have put their physical and mental health on the line to protect all Americans. About a third of our veterans are combat veterans, several 90 to 100% disabled. We believe the reports of the war heroes over the denials by timeshare sales agents, several repeat offenders. According to the FTC:

Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population. https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

Wolves and veterans

One of the activities during Wolf Week in Sedona was the showing of the documentary, The War In Between. Combat veterans, diagnosed with PTSD and wolves, victimized by illegal trappings, work towards recovery. After the film, we had the opportunity to meet director Riccardo Ferrais and the wolves.

Plan B Founder and advocate with her rescued victims, Chaos and Theory

https://www.planb.foundation/

https://lockwoodarc.org/larc-veterans

Wolf Week was presented by The Plan B to Save Wolves and Apex Protection Project with Presenting Sponsor Poco Diablo Resort an Enterprise of the Fort McDowell Yavapai Nation.

Founded by Betsy Klein and Timon Pratt, the Plan B Foundation is a 501(c)3 corporation created to support organizations and individuals in their mission to protect, preserve and rescue wolves and wolf dogs through advocacy, education and funding.

From the book Wolfer, by Carter Niemeyer, a Wolf Week guest speaker:

“Carter stands between these waring groups, the furious ranchers and outraged environmentalists, mediating, doing what he has to do, with a heavy heart.”

Nicholas Evans, Author of The Horse Whisperer

Having spent almost three years now listening to reports from families describing how their lives have been ruined after falling victim to predatory and deceptive timeshare sales, I understood the bittersweet experiences wolf advocates experience on a daily basis. We wish we could win them all too, but reluctant regulators and timeshare developers, who care little how points are sold, allow the hamster wheel of recycled timeshare inventory to continue unchecked. The best we can do for some is guide the member and their family through the painful foreclosure process. Despite what “Get you out of your timeshare” ads advertise, there are no guaranteed timeshare exits. We have had members report being charged thousands of dollars, only to eventually be told foreclosure is a guarantee. Most timeshare members have high credit scores and have rarely been late on a payment, but rising maintenance fees, the lack of a secondary market, and rising fraud have spelled disaster for many families. Inside Timeshare US and Timeshare Advocacy Group™ has assisted 406 families, 148 since January 1.

I hear members say things like, “There is never any availability” or “You can always book cheaper online.” My husband and I own 10,200 Diamond points. We used 8,000 points to book two weeks (which happened to be during Wolf Week) at the Diamond affiliate Poco Diablo property. Our first timeshare exchange thirty years ago was at Poco Diablo. Compared to Booking.com, we saved a good bit using Diamond points over booking online. The wolf friendly Poco Diablo resort, of the same name, borders the timeshare Poco Diablo.  

We usually stay at Diamond’s Los Abrigados resort in Sedona, our home resort, but Los Abrigados was not available this year. We own Diamond US Collection points and Premier Vacation Club points. I’m told PVC members pay the highest maintenance fees. When we asked to use the Spa at Los Abrigados, checking the box that said we were PVC members, we were denied access. We explained that the reason we were not staying at Los Abrigados was because there was no availability and that our maintenance fees went toward the spa maintenance. The attendant said they would make an exception this one time, but advised that we would have more flexibility if we gave up our PVC points for Diamond points. After a ten minute lecture, the attendant said, “Maybe I’ll look for another job.” Diamond advertises Poco Diablo as a Diamond property.          

https://www.diamondresorts.com/destinations/property/Villas-at-Poco-Diablo

Our advocates are available free of charge. We have saved more than a few members from the nets of scams. We have assisted hundreds of members with regulatory and, if needed, law enforcement filings. We thank all our advocates for their part in the process, and thank timeshare members for reporting. Without regulatory filings, nothing will ever change. Contact one of these self-help groups we feel are not industry influenced if you need help with a timeshare concern.

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Irene, we all hope you and Don had a very enjoyable vacation, although we do know you were still hard at work on behalf of all those who have contacted us.

If you have any comments or questions about any article published use our contact page and get in touch with us.

Have you had a call regarding your timeshare, be it resale or claims and want to know if the company is genuine, then get in touch and we will point you in the right direction.

Join us again next week when we bring you the latest news on the timeshare world, we also hope to have some news about the EZE Group case at Birmingham Crown Court, where Dominic & Stephanie O’Reilly will be told their fate.

Have a great weekend.

Friday’s Letter from America

This week Friday’s Letter from America tells the story of army veterans Gad & Noreen Liebmann, it begins with an open letter to the Diamond Resorts CEO Michael Flaskey, then goes on to explain their experience. They are currently holding a protest outside Diamonds Daytona Beach Resort, the article was edited by Inside Timeshares Irene Parker.

First we have a quick look at Europe.

Yesterday Canarian Legal Alliance published in their news section a case study of a recent trial, nothing unusual there, except this had a rather different twist. This particular trial was dealt with at the pre-trial stage rather than the full trial, the venue was the Court of First Instance No 1 in Maspalomas, the lawyer representing the clients was Judith Diaz Pascual of CLA.

Judith Diaz Pascual (ICALP No 4480)

The pre-trial is a formality where the defending party may argue why the case should not be accepted, it is also a point where the judge will ask if there is a possibility of a settlement out of court. Usually the judge will then decree that a full trial date be set, with the defendants demanding the appearance of the clients.

As there was no agreement that day Anfi, the defendants, asked for a full trial to take place with the clients in attendance, CLA lawyers argued that this was not necessary as the case and infringements of the timeshare laws was based on documentation, so there was no need for a trial or for the clients give testimony. The judge agreed, he stated that he would issue a resolution after the preliminary hearing, three days later the judgement was issued.

The judge concluded that due to the infringements which included, floating weeks and the taking of deposits within the cooling off period, the contract was declared null and void. Anfi were also ordered to repay over 49,000€ which included double the deposit paid, the court also awarded legal interest.

Apparently this is now becoming more common, it is not the first case to be dealt with at the preliminary stage, it will only be a matter of time before more judges decide that this is the best course. After all the cases are based on the contracts and documents, if the timeshare company has sold floating weeks or points, the contract is longer than 50 years and any payment taken within the cooling off period, these are breaches of the law, so why prolong the issue with a full trial?

https://www.canarianlegalalliance.com/case-study-anfi-speedy-resolution-no-need-trial/

Yesterday we again published information concerning TESS and David Cox, keeping a check on his website, he has still not published anything about any subject since his last defamatory article on 29 March. We just wonder if this could be a sign that TESS is going the same way as those companies highlighted in yesterday’s article?

Now for our Letter from America.

Gad and Noreen Liebmann, Army Veterans

An Open Letter to Diamond Resorts CEO Michael Flaskey

April 20, 2018

We are one of 29 Diamond Platinum Member Families Up-sold alleging we were defrauded

A Diamond Daytona sales agent’s response to Gad and Noreen:

While picketing yesterday one of the salesman came down to talk to us. He brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart and using the money earned to help pay our dues.

Inside Timeshare has received 375 Diamond Resorts complaints from our readers, Diamond members alleging they were sold or up-sold by fraud. Families are devastated. Platinum member #29 contacted us April 16, 2018, a disabled Vietnam veteran, age 71. He says they were told by a Florida Mystic Dunes sales agent if they purchased additional points it would take care of maintenance fees. Now they too are forced to foreclose or walk away from their points. We hope AARP takes note.

A Diamond Vice President’s response to Joshua Parker:

“We are not responsible for what our sales agents say”4/5/18

The Diamond CLARITY TM Promise:

Accountability, Transparency and RESPECT for the customer

A Quote from CEO Michael Flaskey:

Clarity seeks to build on Diamond’s already impressive standing with its members. Almost 70% of the company’s sales are to existing members seeking to increase their Diamond resorts vacation memberships,” said Mr. Flaskey.

Mr. Flaskey, We are one of 29 Platinum member families alleging we were upsold by fraud. We have been Diamond members for 20 years, but we made the mistake of believing Brad Leslie at Daytona Beach Regency. So did Sheilah and Thomas Brust. We did not know about Diamond’s official policy, “We’re not responsible for what our sales agents say.” What kind of accountability, transparency and RESPECT for your customer is that? There are over 1,200 members on our Diamond Resorts Owners Advocacy Facebook, many alleging fraud.

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

Gad and Noreen Liebmann protesting outside Daytona Regency – Sheilah and Thomas wish they were here but Sheilah is too busy with tax season.   

Sheilah’s article on how to file FBI complaints:

http://insidetimeshare.com/tuesday-slot-irene-14/

Josh Parker is an Iraqi veteran. Josh says he was told his points are an investment and would be easy to sell. Now, expecting twins, a high risk pregnancy, they have learned the truth, so will in all likelihood have to suffer through 180 days of endless collections calls. Josh is 90% disabled, a combat veteran. Josh’s YouTube:

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Our Diamond Experience

By Gad and Noreen Liebmann

My wife Noreen and I have been protesting outside Daytona Regency for the last month. We are Platinum Diamond members. We own 96,000 Diamond points only because we bought an additional 25,000 points to take advantage of a program that did not exist. We are not confused. Sheilah and Thomas Brust are not confused. Sheilah has an accounting background. Sheilah Brust does not get numbers confused.

We had purchased eight Diamond contracts over 20 years and had been happy Diamond members until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud.  Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. The calculations shown to us were false. Sheilah has a copy of Brad’s “Pencil Pitch” promising her double points. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad made it sound like these were new benefits that could only be obtained by purchasing additional points. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways. When we returned home we learned booking vacations using Valued Getaway and Point Saver were already available to us.

We appealed to the local DRI marketing VP. He was unsympathetic. A call to Michael Flaskey, CEO, who leaves his card at every front desk, got a response from a lady who offered to allow us to give back some of the points we purchased in the past, lowering the dues but not eliminating the latest purchase.  In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points we didn’t need because of a convoluted scam. We may be older, but we’re not stupid.

We feel we meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch”, in addition to Elder Abuse.

Many Diamond members feel there is no timeshare enforcement in Florida. The Arizona Attorney General opened an investigation after receiving hundreds of Diamond complaints, just in Arizona, accusing DRI of violating the Arizona Consumer Fraud Act. They did not turn Diamond members away because Diamond is not responsible for what Diamond sales agents say.”

Veteran Teresa Laird is planning to protest outside DRI Polo Towers. DRI sales agents tried to sell her dad, at age 83, in a wheelchair dozing off, a recipient of two Purple Hearts, $234,000 in additional DRI timeshare points.

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

There is little to no regulatory enforcement because the Attorneys General in Nevada and Florida dismiss complaints, also falling back on the oral representation clause, or in Nevada at the Nevada Real Estate Division, “You have no proof”, so there is nothing to stop timeshare fraud.

From the Florida Attorney General’s Timeshare Division DBPR

Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale.  A document called “Acknowledgment of Representations” or “Purchaser’s Understanding” or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product.  A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations.  Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.  

We are veterans in our late 70’s and two of 40 active duty or veteran military and law enforcement timeshare members alleging we have been defrauded by timeshare sales agents. Several are in danger of losing their Security Clearance.

Whistleblowers of America, an organization headquartered in Washington DC, seeks justice for Active Duty military, veterans, and government workers. If families are made whole, we encourage a contribution to Whistleblowers.  https://whistleblowersofamerica.org/

LICENSED timeshare resale brokers will not even accept a Diamond listing feeling it would be a waste of their time and your money, due to restrictions Diamond places on the use of secondary points LTRBA members feel are too restrictive. Sheilah and Josh contacted Florida LTRBA members. None would accept a Diamond listing. Scammers have no problem taking your upfront money.

http://www.licensedtimeshareresalebrokers.org/

The Florida Timeshare Division, DBPR, and Diamond’s Transition department send members on a wild goose chase to contact a real estate broker, but legitimate brokers won’t accept a Diamond listing, because they are honest.

A Diamond member talked to a Diamond Transition’s specialist:

I tried last night to speak with someone in Financial Services with no luck.  I tried again today as well but the phone just rings and rings. I did speak with Tiffany Davis in Transitions and she said our maintenance fees would have to be paid in order to do the Transitions program.   She then said that I didn’t have to do Transitions – if I wanted to gain anything from my Timeshare that I should speak to a real estate agent to get it sold.   I said I was unaware this could even be done. Tiffany said “Oh, absolutely, if you don’t want to just relinquish it, you can sell it”.

From the Arizona Attorney General’s Assurance of Discontinuance:

IV Assurances

“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:

  1. Sales agents should not deviate from sales material
  2. Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

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

Section 5 of the FTC Code states: “Unfair and deceptive business practices are unlawful.”

http://blogs.findlaw.com/injured/2013/01/fraud-vs-lying-whats-the-legal-difference.html

A fraud is an intentionally false representation made with the intent to mislead the listener, and that the listener relied on “to her detriment.”

The first part means that fraud must involve an intentional lie. If you truly believe you’re telling the truth and end up being wrong, that doesn’t qualify.

That doesn’t excuse willful denial or ignorance of the truth. If you should have known the truth or could easily have discovered it before telling the lie, it could still be a problem.

The second part is about the liar’s intention. A lie that you don’t mean anyone to take seriously, such as a joke or hyperbole, wouldn’t constitute fraud.

When it comes to proving intent for fraud, courts often look at what the liar could gain if someone believes the lie. If the liar benefits from someone believing and acting on the lie, that tends to show intent.

The legal analysis will also rely on context. A lie while you’re trying to sell your house is more likely to result in a lawsuit than a lie told over drinks at a bar. Those are obvious examples, but there are many situations in between where the line isn’t so easy to see.

The third element is whether the lie actually caused harm.

If the listener believed the lie, acted as if it were true, and suffered some kind of injury because of that belief, then there may be some liability for fraud.

Injury can mean actual physical harm or financial loss. In general, emotional “pain” isn’t enough to build a case for fraud.

While fraud could potentially apply anywhere, it’s most commonly brought up in the area of contracts when one party lies about an important part of the agreement.

In general, anything other than a white lie (like how nice your spouse looks) should be avoided. Remember, a lie runs the risk of becoming fraud if you expect the listener to act on the lie. Keeping it honest isn’t just a good personal policy; it’s a sound legal strategy too.

For timeshare buyers, the customer is always wrong because they signed a contract. And no one cares. Inside Timeshare has heard from 131 Diamond members alleging fraud since January 1. The company does not respond to requests for comment.

Thank you Gad and Noreen, you have the support and thoughts of many timeshare owners not just in the US but also from across the great lake in Europe and beyond, also thanks to Irene once again for taking the time to edit these articles.

If you have any questions, comments or need to find information on any company mentioned here or that has contacted you then use our contacts page and we will point you in the right direction. Remember doing your homework saves you money!

Well the weekend is once again upon us and Inside Timeshare hopes that you have an enjoyable and relaxing weekend.

Friday’s Letter from America

Welcome to this week’s Letter from America, in this article by Irene Parker with a contribution from Mike Finn of Finn Law Group, we look at the Timeshare Tax Trap.

The Orlando Sentinel has also published an article about Diamond and Orange Lake Resorts sueing Mike Finn, they accuse him of using  “false and misleading” claims in his ads. The article also mentions that Mike is cited by many publications as a successful cancellation attorney who along with other groups monitor timeshare companies, they go on to name the National Timeshare Owners Association and also Inside Timeshare. Mike is a regular contributor and offers valuable insights into the law for Inside Timeshare For the full article click on the link below.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-orange-lake-timeshare-finn-20180404-story.html

But first a new warning from Europe, one of our long standing regulars has been contacted by a new “law Firm”, yes you guessed it, another new name in the Litigious Abogados family from Tenerife.

legalidades-abogados-logo

The new name is Legalidades Abogados, using the same address we have seen before:

4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 862 0995

Tenerife Tel: 0034 822 250 502

email: [email protected]

email: [email protected]

Once again the address is genuine and shows 2 lawyers plaques on the wall, neither are this one. The email addresses are also not linked to the website, but are ones you can register for free at consultant.com.

According to their website http://legalidades-abogados.com/ they were founded by  Alberto Kalimro Galvera, on Monday 19th July 1990. Again this date in 1990 was actually a Thursday, so once again not very much attention to detail there. They also still insist they have over 15 years presence on the internet, not bad since the website was only registered on 15 March 2018 with the registrant hidden by a privacy company.

After the initial call they send an email which is signed by Angelica Imolintos Lesterno from Departmento Legal. Also attached is a letter of 3 pages with many official looking logos, it is signed by another new name Pablo Ibernas Cavosa.

Here are the new lawyers names and photos, once again probably downloaded from the internet, without the knowledge of the actual persons.

alberto-kalimro-galvera  luciano-emanca-domeras  pedro-arenolde-verandel  gabriel-lindeno-miraldo-203x300  pablo-Ibernas-cavosa-legalidades-abogados-300x201

From left to right: Alberto Kalimro GalverLuciano Emanca DomerasPedro Arenolde VerandelPablo Ibernas Cavosa.

 

In this long winded letter, they go on to say that it is a “no win no fee” arrangement, but as we know from past experience the next stage will be a fee is required for the Procurador. After this there will be a fee to pay “tax” to release the money from the court.

Once again we remind you to be very wary on companies that make these wonderful claims, especially with a “no win no fee” arrangement. Do your homework, you know it makes sense.

Now for this week’s Letter from America.

The Timeshare Tax Trap – A 1099 Loan Forgiveness Tax Liability

$170,000 Diamond Timeshare Points Purchased for no Reason

Timeshare Attorney Mike Finn, a former C.P.A., weighs in

Tax Time

By Irene Parker

April 6, 2018

Two Inside Timeshare readers contacted us alarmed, because they received an IRS 1099 form, informing them of a timeshare tax liability. For one family, this meant possibly an additional $170,000 in income. This would have been bad enough, but the already Platinum Diamond Resort member said they purchased the points to participate in a program that did not exist.

Timeshare members have learned there is little to no timeshare enforcement of timeshare regulations in some states, so by relying on the oral representation clause, timeshare sales agents are allowed to say anything to sell vacation points. The Nevada Real Estate Division has routinely replied to timeshare buyers, “You have no proof,” according to member reports. Today’s family is one of eleven families complaining about the same sales Las Vegas sales agent.

A reminder no one should pay upfront money without checking with us or one of the advocacy self-help Facebooks and websites listed below. Lack of a secondary market for timeshare points gives rise to a flourishing community of scam artists.

This former Diamond member says DRI sales agent Rick Casper, working out of Polo Towers in Las Vegas, told him to buy more Diamond vacation points to eliminate maintenance fees. He and his wife wanted to talk to someone at DRI because they were struggling to pay maintenance fees on the 50,000 DRI points they already owned. This member is a 100% disabled Vietnam veteran, having been exposed to Agent Orange. The former member did not contact us to complain about Diamond Resorts. He wanted to know if there was anything that could be done about the 1099. I did ask why he purchased additional timeshare points from Rick Casper, given Inside Timeshare has received 11 identical complaints about the same Las Vegas sales agent over an 18 month period.    

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 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 a year 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 the 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 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

Inside Timeshare has heard from 114 Diamond Resorts members since January 1. By publishing these accounts we hope to inform new timeshare buyers, and existing members upgrading, that the timeshare contract is perpetual, maintenance fees increase, and in most cases there is little or no secondary market.

Buyer Beware Active Duty military and law enforcements are especially affected by a bad timeshare purchase. We are assisting seven in fear of losing their Security Clearance. The ages and branch of military service of the 11 Rick Casper customers, who report being financially devastated as a result of their Polo Tower purchase, include:

  1. Age 69, Army, retired, 21 years
  2. Age 70, 100% disabled, Army, Agent Orange
  3. Age 68, Coast Guard veteran
  4. A stage 4 cancer patient, age 40s
  5. Age 60
  6. Age 69, Gulf War veteran, on 25 meds
  7. Age 61
  8. Age 66
  9. Age 56
  10. Mary Pfeifer, age 72, new complaint not unresolved
  11. Denise Hodgkins, age 56, new complaint, unresolved

I asked my CPA about the 1099. She said they would have referred the tax filer to a tax attorney, so the problem is not that simple. As usual, we went to timeshare attorney Mike Finn of the Finn Law Group. Mike provided an article about this important topic on his Learning Center.

https://www.finnlawgroup.com/learning-center/tax-time-contract-cancellation-timeshare-developer

An excerpt from Mike’s article:

Loan forgiveness

The 1099 form is referencing a large amount which may very well be taxable income! Unlike a mortgage balance forgiven, which would have been spread out over the life of the loan, this possibly taxable sum has been reported to the IRS in one lump sum! Say the amount reported is about $25,000. Say further that your tax bracket is 20%. Your new added tax bill is $5,000, and it’s due April 15th!

So, does this tax form receipt mean that the recipient is stuck with the tax bill for the so-called income? Well, possibly.

Consult with a tax professional before you assume that your receipt of a 1099 form from a timeshare developer automatically means you’re staring down significant tax liability. Understand we are not providing tax advice, merely a possible position that we believe is quite tenable and worth exploring with your own tax advisor. Although it’s accurate for me to state that I was a Certified Public Accountant, it is much more important to note that my C.P.A. licensure has long ago lapsed (because I didn’t choose to keep up with the annual professional education courses necessary to retain my certification). Please take your tax preparation advice solely from your own qualified tax return preparer.

Every tax filer is unique, with differing facts and circumstances. I am not offering, nor should you interpret my comments, as tax advice.

Historically, over the past half dozen years or so, hundreds and hundreds of Finn Law Group clients have received IRS 1099 forms, both 1099A’s and 1099C’s.  The receipt of these forms creates confusion.

I point you to IRS form #982. This is the form that the IRS advises should be filed along with the income tax return itself as a form of supporting schedule, which provides notification to the IRS that the amount presented to them via a 1099 is being acknowledged, but further, that the amount listed should be excluded from the taxpayer’s gross income. The myriad of possible reasons provided on the 982 Form are in and of themselves confusing and difficult to understand. I’m therefore providing my readers what I suggest may be appropriate reasoning in concluding that, in many cases, there should be no “income tax penalty” imposed after successfully negotiating a release of contract with your timeshare resort.

Allow me to provide my argument as to why some forms of debt forgiveness may well be construed as taxable income, and then differentiate the negotiated act of cancelling a timeshare contract and why this transaction therefore logically should be treated differently.

Since “income” generally means a measure of accretion of wealth or value added to your worth, then the cancellation of a debt, when that debt was incurred when you received something of value, should be counted as income because the elimination of the debt liability plus the retention of the item acquired when the debt was incurred increases your net worth. Under this definition of added wealth, the taxing of same would be quite logical.

Applying this argument to the cancellation of a timeshare contractual obligation and its related underlying indebtedness, it’s immediately evident that the cancelled owner has retained absolutely nothing of value. They’ve surrendered their interest in exchange for a debt and/or contract cancellation, but after the transaction they have absolutely no accretion of net worth.

Indeed, they’ve lost anything previously paid on an ‘asset’ they no longer own, so any argument that they’ve achieved and retained income or anything of value because of the contract cancellation is simply not accurate.

In terms of taxpayer reporting requirements, the issue becomes murkier when you apply it to timeshare transactions. Whether or not the industry will ever acknowledge that the resale value of a timeshare interest is minimal at best, what we can establish is that it would be extremely unusual for anyone other than the resort developer to acquire the timeshare interest at foreclosure, and therefore the liquidated basis of the interest will nearly always be zero, or at best a nominal value at foreclosure. Also making the timeshare transaction more complex in terms of following the instructions of either IRS form 982 and/or publication 4681 relating to this issue is determining whether the underlying debt should be viewed as “recourse” or “non-recourse,” given the propensity of the developers to utilize non-recourse based non-judicial foreclosures to recover the interest the greatest majority of the time.

I’ve attempted to avoid becoming overly technical in terms of specifically advising of taxpayer reporting other than to suggest very generally that the filing of the IRS form 982 will most probably be required. Lastly, I do strongly recommend utilizing a professional tax return preparer, as these forms are not at all intuitive.

I earnestly wish that I could offer something less complex to help provide absolute answers to this prominent issue, but I do feel that this is important because the financial ramifications are potentially high.

Respectfully provided,

Michael D. Finn, Esq.

Michael-D-Finn2

Thank you, Mike, for the timeshare accounting lesson. One question I had is,

What is the difference between a 1099 A and a 1099 C?

http://www.koontzassociates.com/pages/know-the-difference-between-a-1099-a-and-1099-c/

Contact Inside Timeshare or one of these self-help groups if you have a timeshare nightmare. We know there are many that use and enjoy their timeshare, some having not faced a need to sell it, or were lucky to purchase from a sales agent that sold the product as the product is intended.

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

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

https://tug2.com/Home.aspx

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

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

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

Deceptive

Elder Abuse:

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

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings. Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams.

Thank you Irene for this weeks article and also a very big thank you to Mike Finn for his contribution.

Inside Timeshare welcomes your comments on this or any article published, also if you need any information about your ownership or any company that has contacted you or you are thinking of doing business with, contact Inside Timeshare and we will point you in the right direction.

Friday is upon us the weekend beckons, we hope you have a great and relaxing one. See you next week.

weekend 1

Friday’s Letter from America

Welcome to this week’s Letter from America, it is another “Nightmare on Timeshare Street” story involving yet another Veteran Raymond Mori, who is also a Double Purple Heart Recipient, his story is written by his daughter Teresa Laird, who is also a Veteran.

purple heart medal

This story along with others we have been publishing with similar stories from the elderly, seems to point to one thing, these groups are being deliberately targeted by Diamond Sales Agents. It can only be described as totally despicable behaviour, Diamond needs to get their house in order and be rid of these practices with the sales agents losing their licences and jobs.

Diamond is not only to blame in this matter, Barclays is also culpable, after all they are the ones providing the finance through their BarclayCards, which in many cases the clients did not know that one had been taken out in their name, until it is too late.

In Europe we have seen similar problems with Barclays, allowing sales agents to arrange loan agreements on the day with only a cursory credit check. None of the consumers who have contacted Inside Timeshare on this matter have ever had to provide an income and expenditure report, to show that they can actually afford the loan. This is something that would normally be done when taking out any sizable loan.

Usually we report on the week in Europe, suffice it to say it has been rather quiet, with only one court sentence reported this week. It involves the Puerto Calma Group, the Court of First Instance in Maspalomas found the contract illegal and declared it null and void, the clients in this case have been awarded 19,000€ with plus a further 3,600€ as a sanction for the illegal taking of a deposit within the cooling off period.

The only other major news was addressed in yesterday’s article about TESS, which has prompted many readers sending messages of support. One reader, even went on to say that Mr Cox is one deranged man and is obviously very ill, well, that is something we can well believe going by what he has been doing over the past months. There will be more to come on that story.

Now for this weeks “Nightmare on Timeshare Street” article.

Another Veteran, Raymond Mori, Alleges Timeshare Fraud

Retired Marine and Purple Hearts Recipient

Supported by Josh Parker, Army Veteran, Kevin and Brenda Hopkins, Air Force Retired, Roy Simmons, Navy Veteran

Exclusive: ILG explores merger with Apollo’s Diamond Resorts Timeshare Math – $3.5 Billion minus $2.2 Billion = $1.2 Billion

https://www.reuters.com/article/us-ilg-m-a-diamondresorts-exclusive/exclusive-ilg-explores-merger-with-apollos-diamond-resorts-sources-idUSKBN1GX2XJ

Purple Heart Crest

By Teresa Laird, Raymond and Teresa Mori’s daughter

Friday March 23, 2018

I am writing this article on behalf of my parents, Raymond and Teresa Mori, ages 83 and 79. My dad is a Marine veteran having served 23 years. He is 100% disabled. My dad earned two Purple Hearts. I too am a Veteran, an Army medic.     

Had I not been at the last Diamond Resorts “Update” March 13, 2018, I am convinced my parents, at age 83 and 79, would have purchased 30,000 additional Diamond vacation points for $234,295. This offer required a down payment of $69,993. I kept the paper of these terms under the table because members are not allowed to walk out with handwritten notes. My dad was not feeling well. He falls asleep in his wheelchair and had spent six months in the hospital after a heart attack. The stress over this expense has caused their health to deteriorate further. Thank you to Whistleblowers of America for advocating on behalf of Veterans. Please consider a donation to WoA if you are not drowning in timeshare loan payments, Barclaycard payments and annual timeshare maintenance fees.

https://whistleblowersofamerica.org/

 The sales agent we met with in Las Vegas did not even know how many points my parents already owned. The maintenance fees for 30,000 additional points would have been $4,466 on top of the maintenance fees for the 27,000 points they already owned. I’ve learned my mom’s entire Social Security check goes to pay the Diamond expense. I am beyond angry.

I have joined forces with Angela Simmons Sandstede, Josh and Nichole Parker, Josh a combat veteran, Kevin and Brenda Hopkins, Air Force, battling Diamond.

Angela says her parents were upsold to $2,750 a month in Diamond mortgage payments and are facing bankruptcy because of the up-sells. Angela’s parents live on her dad’s US Postal Service Letter Carrier’s pension.

Angela says her parents owned 52,000 DRI points before being pressured into further up-sells we both feel were fraudulent and criminal. We believe our parents. Angela and I have partnered to become advocates helping seniors needing assistance making a YouTube so the public can see what harm we feel is being done to the elderly, although there are many complaints from those younger as well. Mr. Simmons is also a veteran. He served in the Navy. Angela and Mr. Simmons, Josh Parker and Kevin Brenda’s YouTube:

Roy Simmons and Angela Sandstede Simmons

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

Kevin and Brenda Hopkins

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

Josh Parker

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Inside Timeshare has been asked to submit an article to a military down trace that will be distributed to 7,000 active duty army, three divisions, a Buyer Beware PSA announcement, given we have now nine active duty Navy, Homeland Security, Air Force, and a member who works for a defense contractor worried about their Security Clearance alleging they were defrauded by timeshare sales agents.

Teresa & Raymond Mori’s Nightmare on Timeshare Street

Like many, my parents used their Monarch Grand Vacation timeshare for years without complaint. In reviewing their documents, I feel there was deception from the moment they encountered Diamond Resorts. Like many, they were told they had to give up their Monarch deed and buy points. I’ve learned they did not have to do that. Since Diamond acquired Monarch, their annual maintenance fees have increased from $2,600 to $4,600. Like Angela’s mom, my mom is also so stressed over this I can’t ask her to participate in a YouTube. I am in college, now facing filing a barrage of regulatory and law enforcement complaints on top of writing my archeology thesis. My parents have not used their Diamond points. They give their points away.     

My mom told me they had purchased an investment, I called Diamond Resorts when my dad said they wanted to sell some points. My dad is so angry he doesn’t want to talk about it. When I asked how to go about selling points, the DRI hospitality agent laughed at me and said you can’t sell back points, but you can use them towards merchandise purchased through Diamond Resorts. When I looked into the value of doing this, it was no help to my parents. This needs to end. The elderly need to be protected.

According to what my parents reported, they have been lied to at each up-sell. They told me they were told they were investing in property. They were not allowed to take the contracts to their room to go over them. The agents would not allow my parents to call me to discuss the transaction. They have described high pressure tactics, constant messages to their room, phone calls, increasing gift values when they said no to “Updates”, any tactic to get them onto the sales floor.  Once they got them there, they were told they would not get their gifts if they left.

Here’s what happened

4,000 Diamond points purchased 3/12/2013 converting from Monarch to DRI

9,300 points were provided as “equity”   

Purchase price: $20,416 now owning 13,300 points

2500 Diamond points were purchased 6/25/2013 at Palm Canyon Resort

Purchase price: $8,325 now owning 15,800 points

2500 Diamond points were purchased 7/29/2013 at Polo Towers Las Vegas

Purchase price: $8,616 now owning 18,300 points

At ages 79 and 75 they were sold a Sampler product. This is a trial program. Why did they need a trial program if they bought points several times?

5000 Sampler points purchased 5/4/2014 in Sedona

Purchase price: $2,995

This was when I realized the predatory nature of timeshare sales. I called Diamond corporate and told them they needed to take back this last Sampler purchase at the very least. They said they would work with us. Instead, they sold my parents 17,000 more points! They said they would attach the Sampler points to another program. I could not believe it. Think how easy it would be to misrepresent or confuse them by selling points by phone. I am infuriated.

17,000 points were purchased at ages 79 and 73, after spending six months in a hospital after a heart attack, now owning 27,000 points

Purchase price: $49,492 told $13,991 was equity from their prior contracts

Amount financed: $47,138

New maintenance fees: $4,780

My mom and dad are good people who worked hard all their lives. My mom worked as an interpreter for the Ontario CA school district. She speaks Spanish. My dad is diagnosed with early Alzheimer’s. To think their lives have been ruined by this company, in my opinion, speaks of unspeakable evil. Angela and I vow to stop. We are advocates now.

From what Angela told me, I will be told by a Diamond Resorts Hospitality agent, working for Diamond Resorts Consumer Advocacy Department, “Sorry, you signed a contract.”

There seems to be no regulation, no enforcement and no one cares.

Elder financial abuse is a type of elder abuse in which misappropriation of financial resources or abusive use of financial control, in the context of a relationship where there is an expectation of trust, causes harm to an older person. https://en.wikipedia.org/wiki/Elder_financial_abuse

inspired advocates

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

Thank you Teresa Laird for writing your parents story, also once again a very big thank you to Irene Parker and the army of volunteers who are doing a fantastic job in highlighting and help all those who are turning to Inside Timeshare for help.

If you have been contacted by or are thinking of doing business with any company and are not sure if they are genuine, contact Inside Timeshare, we will help you find the information.

Remember, many of these companies are very professional at getting you to believe what they say, they know what you want to hear and will target that.

So that’s it for this week, another Friday is upon us and the weekend beckons, we hope you have a very relaxing and enjoyable weekend, join us next week for more news and information on the seedy world of timeshare.

friday cat

Friday’s Letter from America

Once again welcome to Friday’s Letter from America, this week Irene Parker interviews yet another military veteran family about their experience with Diamond. Joshua and Nichole Parker are just another couple in a long line that have reached out to Inside Timeshare in the past few months, we do not expect them to be the last.

First we have a quick look at Europe, we begin with a warning about a company cold calling Diamond owners in the UK.

cold call

One of our regular readers who is a member of one of the Diamond facebook pages, received a call from a company claiming to be called Scottish Heritage. It seems that the caller knew our reader is a member with Diamond Resorts, the offer was for a stay at a choice of hotels in Scotland for 5 nights for the knockdown price of £99.

This sounds like the old “flybuy” offers that we have warned about in the past, cheap stays along with the obligation to attend a presentation usually to purchase either a timeshare or holiday club package.

When we searched for any company called Scottish heritage we drew a blank other than the official Scottish organisations, which we very much doubt would be making these type of calls.

The number used for the call is:

01244470152

Which is a Chester number, when we did a check on this number it did show some rather interesting results, on Who Called Me,

https://who-called.co.uk/Number/01244470152

there were many entries about this number, including the name Scottish Heritage. It also belongs to a website called

http://loyaltyweeks.com/

In their About section they go on to say:

“As a guest of Loyalty Breaks, you would receive heavily discounted accommodation in a selection of leading hotels and resorts around the world that would otherwise cost a considerable amount of money.  All that is required from the guest is that during their stay, they take a morning or afternoon of their time to learn about the benefits of the resort in a relaxed environment, and donate valuable feedback to improve customer care and satisfaction.

The developers will heavily subsidies the accommodation for up to 7 nights, with the intention on enlightening their visitors on the benefits and perks of their exclusive residences in some of the most sought after destinations around the world.”

Which does confirm what we expected, discounted breaks with a presentation. Unfortunately we can find no company registration for either Loyalty Weeks or Loyalty Breaks, and the website does not give a name of who is behind it, although it was only registered on 29 July 2017, so it is only around 8 months old.

The question now is who is behind it and how did they get the information, especially as they knew they were Diamond owners. Could it be that some unscrupulous sales staff who knew that they were going to be laid off, got hold of the members data either selling it on or starting their own little enterprise?

It has also been a busy week with sentences from the Supreme Court in Madrid being issued against Silverpoint, Palm Oasis and Puerto Calma, a good week for the lawyers and their clients.

Now on with this weeks Letter.

A Veteran’s Family Bought Diamond Points

Dismissed by Diamond Hospitality Consumer Advocates because,

“You signed a contract”  

An Interview with Joshua and Nichole Parker

vets

By Irene Parker

March 16, 2018

Joshua “Josh” and Nichole Parker attended a timeshare sales presentation that lasted from 8AM in the morning until 8PM at night at Diamond Resorts Mystic Dunes resort in Orlando on November 8, 2017 after attending a Diamond’s Event of a Lifetime. “Why didn’t you just leave?” the critics ask. Joshua explains why on his YouTube. They purchased 4,000 Diamond timeshare points. Joshua and Nichole say they were told their points would go up in value. Now, expecting twins, they do not have enough points for a family of five to vacation and have learned, not only did their timeshare points not increase in value – there is virtually no secondary market for Diamond timeshare points. Josh’s YouTube

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Josh suffers from post-traumatic stress disorder. Josh is the second 90% disabled, PTSD diagnosed, Iraqi veteran Inside Timeshare has assisted this year. The other veteran and his wife had been subjected to a five hour predatory and fraudulent timeshare hard sell. They recorded an hour of their ordeal which has been turned over to law enforcement. After listening to the recording, I can firmly say there was no alleged about it. Their timeshare dispute was quickly resolved after a copy of their YouTube interview was sent to the timeshare company. Others who allege fraud, but did not record their alleged fraudulent timeshare sale, face an uphill battle of repeated denials and dismissals. Timeshare companies often respond, “You signed a contract.”

The FBI disagrees with this reasoning, and has advised timeshare members to file complaints with the FBI at IC3.gov and orally through the FBI field office nearest to where the timeshare contract was signed, if their allegations meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch.” The FBI agent Josh spoke with advised Josh to also file a complaint with the Federal Trade Commission (option other – timeshare sales).

Post-traumatic stress disorder

The tragic events that took place at the Veteran Home in Yountville, California, Friday, March 9, a formerly safe place for Veterans suffering from the effects of PTSD, reminds us that the effects of war or a traumatic event can live long after the event or the battlefield. It’s not an easy topic, but one timeshare companies and timeshare sales agents should be aware of, if they care.

My interview with Josh and Nichole

Irene: Josh, tell us about your military service.

Josh: I joined the army in 2005, partly for the health benefits, and because joining the army was what I always wanted to do. I became a military police officer. In Iraqi I was part of a Police Transition Team. We taught Iraqi police how to be police because they lacked training. I was part of Operation Iron Maiden in 2006 when an attempt was made to catch Ayman-al-Zawahiri. We knew there were weapon caches and hostiles. We performed an outer cordon searching for hostiles. We were out there three days. I hurt my lower back from a fall while on this mission. The weight I was carrying made the injury worse. It is considered a combat injury because it was in reaction to incoming rounds.

Irene: You suffer from PTSD. Explain how that has affected your life.

Josh: The experience of combat changes the way you think from that time forward. During those three days, at one point I came to the realization that I was going to die. That moment changed me for the rest of my life. I have a high priority for security. Most people get up in the morning and think about what they are going to do that day, food, work, entertainment and security. For me it is food and security. The first thing I ask myself when I wake up in the morning is if what I am going to do today is safe.        

Irene: I too suffer from PTSD, so interested in the subject from a personal perspective. I followed the role model of John Walsh of America’s Most Wanted channeling my anger and grief into advocacy. Mr. Walsh lost his six year old son Adam, a victim of a homicide. I revisited the topic again and found this symptom:

You may be jittery, or always alert and on the lookout for danger. You might suddenly become angry or irritable. This is known as hyperarousal.

https://www.ptsd.va.gov/public/PTSD-overview/basics/symptoms_of_ptsd.asp

It’s hard enough for anyone to endure an eight hour hard sell timeshare presentation, but PTSD, combined with a high risk pregnancy carrying twins, obviously made your experience even worse.

Josh: Nichole has had several miscarriages, and has gone through eight years of fertility treatments. So expecting twins, we are in a constant state of worry. In addition, they forced us to leave our crying 4 year old in the kids club because they could not proceed with the sales presentation with her there. Our daughter was born with a genetic disorder called Klippel-Feil syndrome, a bone disorder that also affects her heart and kidneys. She also has many food allergies. It was unfair to leave a child in the play area for hours, told by our sales person Tiffany that she would only be there two hours.

Nichole: They don’t really feed the children. They only offer snacks and our daughter Vanessa could not have some of what they offered. Had I not have almost passed out from low blood sugar due to my pregnancy, they would of expected us to leave our child there thru lunchtime.

Josh: We didn’t leave because they would not return our credit card and driver’s license, even to leave for lunch, telling us to just drive to the restaurant on property. The reality is, you ask and they say yes, I’m going to get it from so and so. Then 10 minutes later someone else arrives and they start over saying, “I let him know and he’s going to bring them.”  There is a constant push off to delay getting the IDs and credit card. It’s relentless.

It was like being tortured, being held hostage, and they did the same to our child. When the sales people were talking, they refused to let us check on our kids saying, “If there was a problem someone would come get you.  Meanwhile, you hear kids screaming.”

Irene: As mentioned earlier, those with PTSD are jittery and on the lookout for danger. You are prone to be angry or irritable.

Josh: Yes, and around 5 PM I went out to the car to get something. I have handicap parking, but the handicap parking had been blocked off with cones. I rolled my ankle stepping between the cone and the cement block.

Nichole: This was why we did not get the papers signed until 8 PM. We reported the incident at the front desk. They called security to file an incident report. While waiting for security, Robert, the sales manager and Omar, the sales center manager, continued to pressure us to buy points even though Josh was in visible pain, with ice on his ankle.

Josh: We kept saying we could not afford the points, even though I was visually in pain. My ankle was starting to swell right before we signed the documents. We were not even on the sales floor. They kept saying, sign this and this, including the Barclaycard that we did not want in the first place.

Irene: So, after all this, why did you buy?

Nichole: The same children’s hospital I know that my four year daughter old goes to, to see maternal fetal medicine they said we could stay by. So they really got us when they were saying we would be able to be closer to the hospital. But the fact remains, at the time of purchase, even if this is an option, we can’t afford this timeshare and were told it was an investment and could be easily sold.

Irene: When are the Parker twins due?

Nichole: July 18 is 40 weeks but twins are full term at 37 so June.

Irene: I love babies! We would love to visit after they arrive.

Irene: Back to timeshare – Some have asked why you did not just call 911 when they refused to return your driver’s licenses and credit cards.

Josh: The biggest thing was to get it over with. We knew we could not afford it but they kept saying it was an investment and it was good for our children, and they said if we purchase it now we would be assured our children could always take vacations. As an investment, we thought we would not lose money on it. I didn’t count, but I am sure I said 100 times, “I can’t afford this.”

The next up-sell attempt at Polo Towers:

Josh: Next, we were told we had to attend a new member orientation. We had told our sales agent Robert we did not want to attend any more presentations. Robert said we would not have to. When we went to Diamond Polo Towers November 2017 we were told we had to attend a new member orientation to learn how to use the tablet and how to navigate the Diamond website. My wife lost her mind. They called Robert and their demand to attend was dropped.

Irene: When did you realize the hopelessness of your situation?

Josh: We started to question the legitimacy of what we had experienced December 2017.  We know 4,000 points are not enough points to travel with a family of five. We will be struggling with the double expense of two newborns instead of one. The answer for us is not to buy more timeshare points, only to get deeper in debt.  We would have never bought Diamond points if we thought we were obligated to pay maintenance fees for the rest of our lives for a timeshare that could not be sold.   

Nichole: We are stressed beyond endurance over what Diamond Resorts has done to our family.

Josh: We have filed a complaint with the Consumer Financial Protection Bureau. There has been no response. We have filed a complaint with Florida Attorney General Pam Bondi. We did receive an email today with further instructions.

We filed a Better Business Bureau complaint. There has been no response. We will file a complaint with the Nevada Attorney General. We intended to file a complaint against our sales agent Tiffany with the Florida Real Estate Division, but when I called Diamond, they would not tell me her last name. We do have the names of Robert Gonzales, Director of Sales and Mario Hernandez, the highest person there.

I have joined a group of 34 members of active duty and retired military/law enforcement claiming they were defrauded by timeshare sales agents, seemingly targeting the military. We have reached out to Whistleblowers of America, an organization that seeks justice for military and government workers, active duty and retired.  

We contacted Irene Parker at Inside Timeshare because we were going to sign up with Primo Management Group and had a conference call scheduled for February 15. Below are the documents PMG provided, including a Diamond release from Eric and Angela Wood, as a testimonial and an illustration of our Diamond liability projected out 40 years.  Irene told us to cancel the conference call and not sign up with PMG. She advised us to contact Diamond Resorts Consumer Advocacy. She said she felt confident DRI Advocates would be able to help us. She explained the Diamond program CLARITY about transparency, accountability and respect for the customer.

The history of our vacation nightmare:

Sampler purchased 20,000 points for $4000 Parkway International Celebration Area 7/2017

4000 annual points were purchased at Mystic Dune November 8, 2017 Event of a Lifetime. We were told our Sampler points and money paid would be credited towards the purchase of annual points but it wasn’t.

Purchase price $15,133

Amount financed $12,636

Sales agent Tiffany

Robert Gonzales, Director of Sales

Mario Hernandez was the highest person there

Javier was QA

We were told the new thing is that all your points are worth money.  It doesn’t matter if you can’t afford it because the points are worth money. We were told points can be converted to dollars to pay maintenance fees because fees will go up 10% every year and the inflation on the fees won’t match our fixed income.

The Timeshare Exit Company we contacted to get us out of this nightmare:

PMG (Primo Management Group, Inc.) quoted us $3,000 to $6,000 to get us out of our Diamond timeshare.

Thank you for considering PMG, the country’s most respected timeshare relief agency, for assistance in completely cancelling your timeshare obligation.

We have a 100% success rate.  Your deed cancellation is backed by our 100% guarantee and we guarantee to protect your credit throughout the entire process.

Our program includes:

  • Timeshare Contract Cancellation
  • Immediate Cancellation of Payments
  • Cancellation of Maintenance Fees
  • Mortgage Balance Cancellation
  • Protection from Harassment
  • Credit Protection/Correction

 Subject: *PMG Consultation Email

Your Financial Obligation to Diamond

ILLUSTRATION WAS PROVIDED SHOWING A 40 YEAR PROJECTION OF $95,710 BEGINNING WITH OUR $243 MORTGAGE PAYMENT

Please feel free to ask your Consumer Advocate any and all questions you may have.  Best wishes and again, thank you.

Grand Lodge_Michael & Barbara Wagner.pdf

Holiday Inn-Orange Lk_Vanessa Pena

Summer Bay_Shovan Anwar & Aniva Zaman.pdf

Wyndham_Tiwuanda Howard.pdf

Diamond_Eric & Angela Wood.pdf

Best Regards,

Ken Crawford

Sr. Consumer Advocate

Irene: What a mess! Will timeshare companies that do not allow a secondary market ever realize they are causing the problem? Never pay anyone or any company money upfront to get you out of your timeshare. If you are contacted by such a company contact one of the groups listed here.  

These are US self-help, member supported groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

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

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

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

thanks vets

Thank you Joshua and Nichole for sharing your story, also thanks to Irene all the volunteers for all the hard work they are doing to help those such as the veterans and the elderly.

If you have any questions, comments or need advice on any article published, contact Inside Timeshare from our contact page, please state if you are US or European based.

That’s it for this week, it’s Friday and the weekend is calling, have a good one and join us again on Monday.
friday dog