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News from the Courts

Inside Timeshare has received the following information from Canarian Legal Alliance, going by this news they are certainly having a very busy time.

By the end of last week, 9 November they had 31 pre-trials or full trial in the Spanish Courts, these were on mainland Spain and the Canary Islands. They also filed 44 new cases with the courts, so the judges are going to be busy for a long time yet.

They also last week received sentences in for the following:

  • 4 against Anfi Del Mar at the Courts of First Instance
  • 1 at the High Court, again against Anfi Del Mar
  • 1 against Silverpoint in Tenerife

In total they recouped over 206,000€ for their clients plus all the contracts were declared null and void, leaving the clients timeshare free.

Court of First Instance, Maspalomas

It is also becoming more common for the judges at the courts in Gran Canaria of not sending the the cases to a full trial, but issuing their sentences after the pre-trial. It was also announced that one judge in Tenerife has also followed suit and will not be sending the case for a full trial, but will issue his judgement in due course. This is obviously speeding up the process and is good news for the clients.

This week has also started on a good note with judgements issued on the following dates:

12 November

In the Court of First Instance in Maspalomas there were two against Anfi, again no trial but issued after the preliminary hearings, the first was issued 1 month after and the second was issued in just 7 days. The clients are to receive over 112,000€ and 31,000€ respectively.

In the High Court in Tenerife, Silverpoint were on the receiving end with the order to return over 15,000€ to the client and the contract being declared null and void.

On 13 November, again after a pre-trial the judge ordered the return of over 23,000€ and a German client will receive back over 103,000€, both Anfi contracts have also been declared null and void.

Anfi once again have been on the receiving end of 2 more judgements at the Courts of First Instance in Maspalomas, the infringements of the timeshare laws were perpetuity and floating weeks. The first client has been awarded 0ver 53,000€ plus legal interest. In the second this client has been awarded over 45,000€ which includes double the deposit paid, plus legal fees and interest.

Another timeshare company was also ordered to repay over 36,000€ plus legal interest for a perpetuity contract. This contract with Puerto Calma was also declared null and void.

So there are some very happy ex-timeshare owners, who will be celebrating this week.

Canarian Legal Alliance also announced this week they have broken another record, they have received their 300th sentence against various timeshare companies so far this year, with still just under two months left to go. This is double the number they achieved last year and equates to more than 1 a day. The total amount awarded in these sentences is a staggering 10.8 Million Euros.

This is just for timeshares sold in Spain that have infringed the now strict timeshare laws, for clients of timeshares purchased elsewhere in the world there is another branch to CLA, this company is called CLA International FZE and their head office is located at:

The Fairmont Dubai, Office 508, Sheik Zayed Road, Dubai, U.A.E.

+9714 311-6657

FAX:+971 4332 8810

[email protected]

https://clainternational.ae/

With branches spread around the world and a network of International Lawyers who specialise in timeshare litigation, they are opening the doors to many more timeshare owners who are in need of specialist help. Obviously with the success of the Spanish lawyers it will not be long before we start to see this spread to success in other parts of the world.

News just in on another new setup from Centaurus Mediations and Silverpoint.

We have just heard from another reader that Centaurus Mediations (Silverpoint) have set up another new company, this is apparently called Luxury Links Travel and is apparently based in Las Chafiras, Tenerife. It would appear that their aim is to get owners over to Tenerife or Palma de Mallorca in order to get them out of their timeshare. According to our reader the staff actually believe they are just selling cheap holidays to owners as platinum weeks.

So far we have not located any website for them, but there is another company called Luxury Link Travel Group with the website http://www.luxurylink.com/ which is based in Florida and has been in existence since 1997. We just wonder if by choosing this name they are trying to confuse owners with a genuine company? More on this when new information comes to light.

Friday’s Letter from America

Today Timeshare Advocacy Group Secret Shopper Coordinator Pete Gibbes describes a remarkable Diamond sales presentation. Inside Timeshare is always ready to publish a good report. Pete has not yet heard back from the sales agents and managers who said they would look into the complaint that prompted Pete to become more involved with advocacy efforts. Inside Timeshare will follow along and report in as soon as Pete hears back.

On 17 October Inside Timeshare published an article warning about another new “fake” law firm in Tenerife called,  ADN Alberto Dlendro Nabalez, Litigacionespaña SL, we have now had another reader send us information on the contact they have had with them. It seems that the Director of their timeshare resort The Harbour Club at Los Gigantes, Tenerife, has been charged with fraud. ADN have told our reader that many owners are getting together to cancel their membership, ADN would do this for them for 20% when the claim goes through.

Our reader then received another call informing them that a date has been set for a hearing on 20 November at 12.20pm. All they need to do is pay the “fake procurator” as soon as possible and they would be part of the case. This is very speedy indeed, but as we have said before this is all a FRAUD, there is no case, the director has not been charged with fraud and no trial date has been set. If you have had a similar call to this regardless of who you own with, then contact Inside Timeshare, your information is invaluable in helping others steer clear of this outfit.

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

It has been a very busy week for the courts all over Spain, on Wednesday 7 November there were 15 cases being heard in various courts against a variety of timeshare companies and resorts.

In Tenerife another High Court has affirmed a First Court sentence and declared a Silverpoint contract null and void, with the return of their initial payments and double the deposit paid.

Continuing with Anfi, after yesterday’s article, it was announce that a further two sentences have been received from the Court of First Instance No 1 in Maspalomas, both contracts have been declared null and void with the return to both the clients of over 43,933€ and 47,582€ respectively.

Court Sentences PDF’s

Anfi Sentence a

Anfi Sentence b

Now for this weeks Letter from America.

Our Diamond Resorts Experience

A Not So Secret Shopper Reports

By Pete Gibbes, Timeshare Advocacy Group™ Secret Shopper Coordinator

November 9, 2018

We stayed at Diamond’s Los Abrigados Resort in Sedona Arizona October of this year. I was treated like royalty during a member update and sales presentation, neither of which would have lasted 15 minutes unless I had more concerns. Our sales promotion presenter, who said he had been with Diamond Resorts for 27 years, said that if we would like to buy more points we could talk about it. If not, was there anything else we wanted to ask? I asked if I was in an alternate universe.

They maintained that the company no longer employs hard sell because they found it to be counterproductive.

The internet is flooded with complaints that begin with, “The sales agent said….” only to be dismissed with, “You signed a contract” or, as we were told in 2016, “We are not responsible for what our sales agents say.” In my opinion, any company which does not take responsibility for their salesperson’s words and actions is implicitly incentivizing them to misrepresent the product in order to elicit a sale. When the sales agent is allowed to keep his or her commission, time after time, undisciplined or not terminated, that company is rewarding unfair and deceptive business practices.

To avoid being fleeced, I advise – don’t believe a word a timeshare sales agent says. “You signed a contract” is a fair response for simple buyer’s remorse.  If companies refuse to reverse transactions when allegations of misrepresentations are detailed and credible, sales will ultimately be affected.

I hope our experience at Los Abrigados is representative of future updates to come.   We received “Priority Check-in”, i.e., whisked to their VIP accelerated check-in which, according to the Diamond Resort’s website, is reserved for ‘Gold‘ and ‘Platinum’ loyalty owners, but I’m just a ‘lil old Silver member’.

During the update I was asked to document my previous purchase elicited, I believe, by deception. They actually wanted me to put it all down in writing because they wanted to directly bring my case to Diamond. They said to specifically use the word ‘misrepresentation’, because that has been the term which phony sales presentations have been scrutinized over. They also said to be sure to put that I was pursuing legal remedies, because Diamond took that seriously.

Two or three higher level people at the update were shocked and dismayed about how we had been treated in 2016. A senior manager appeared and commiserated with us. He sweetened the vouchers. They maintained that several years ago the abusive sales practices were addressed and things changed for the better. They were glad that I had let them know how I had been so shabbily treated before. They wanted to go to bat for me. (My account of what happened in 2016 follows this Secret Shopper report.)

At the sales presentation we were told that we could use our Diamond points to pay for nights at ANY 3 star rated hotel. I’d be reimbursed for 300 (or 400?) points per night. Now that’s not a bad deal, at least for many Diamond stays. At 400 points per night for 7 nights you’d be paying 2800 points for a very nice lodging, and it would be wherever you wanted to go, whether there was a Diamond resort available or not. I had not heard of such a benefit. This time around I will confirm if this is true. I have this sales agent’s contact information. He said to call him anytime about anything.

Also, there are supposed to be now 39 different ways for you to spend points, although he said points for flight miles wasn’t a very good use of points at $.07 to $.10 per point. It would take about $2,000 in maintenance dollars to book one domestic airline ticket. Typically, the best of use of points for any timeshare member is to use the points to stay at the resort’s properties. There are 39 different ways to use points? That may be a whopper.

I would like for someone familiar with alternative uses of points to refer me to where all these uses are detailed so we can calculate the actual value. I don’t see them listed on the Diamond website. Members need to do their timeshare math, as using the Barclaycard to pay maintenance fees is only at 1% per purchase, so it would take $200,000 charged in a year to pay a $2,000 maintenance fee bill. When members are told, “You can pay maintenance fees by charging purchases to a Barclaycard”, do the math to determine the actual value of this strategy.  

We were given all kinds of extra vouchers and discounts to attractions because I had had such a poor experience with the company. The concierge seemed amazed at the generosity of our discount/voucher amounts. He said he had never seen anything like it. Thought somebody must have made a mistake. This may have been a bit of luck, but our unit had what surely must have been the best view of the red rocks as anyone there.

The entire experience was far friendlier than I have ever experienced at a Diamond Resorts property. It was bizarre. Could they have been apprised that I am TAG’s Secret Shopper Coordinator? Or does Los Abrigados just happen to be a resort where members are treated particularly well? If my dispute over our 2016 purchase gets resolved, I will credit the sales team at Los Abrigados. I certainly would praise this particular resort, if my experience is typical, which I don’t know. I thought you would find my experience of interest. Maybe someone can even explain it to me.

All in all, I felt like Donald Trump must feel like when he stays at one of his properties. I do have to say that if the people I dealt with were ‘acting‘, they should be up for some awards, because even my highly tuned BS detector never flashed any warnings. Unfortunately it never did two years ago either. Proof is in the pudding, as they say.

It may be advisable to make all the people on our advocacy site Co-coordinator Secret Shoppers.

Here’s what happened to us at a Hyatt presentation in Charlottesville 11/18/2016.

My goal here goes well beyond getting this transaction reversed. I am hoping all those who feel that they experienced unfair and deceptive sales practices will come forward and file regulatory complaints and warn prospective buyers to be EXTREMELY skeptical of anything a timeshare sales agent says. This is not fair to those selling the product honestly, but the liars are so good, it is impossible to tell the difference.

We originally purchased 11,500 points in 2007 at Lake Tahoe Vacation Resort. We were not unhappy with Diamond until the 2016 Virginia purchase.

We learned about six months after our purchase that a Diamond “buy-back” program described in great detail by our sales agent does not exist. The buy-back program was the only reason we purchased the additional 4000 points for $15,500.

We attended the member update only because we wanted to get out from under the Diamond points we had already purchased. It was then DRI sales agent Mark W offered us a “great new deal” whereby DRI members who bought enough points to become Silver loyalty members could sell back ALL Diamond points.

After multiple “no” responses to other reasons to buy additional points, Mark W brought up the non-existent program that was of great interest to us. He said that if we became Silver members, after three years, we would have the option to sell all our points back to Diamond for $108,000. He said Gold loyalty members would be able to sell points back in two years. He put this in writing (which I have), by writing down $108,000. He also wrote 2Y=G and 3Y=S.

I was extremely skeptical because I had never heard of a timeshare buying back points. However, after he repeated this ‘new deal’ about five times, we finally decided he must be telling the truth. We signed.

When we ultimately learned there was no buy-back program we repeatedly asked Diamond to cancel the contract. Diamond’s response inevitably was, “It doesn’t matter what the salesman said,” or even wrote down apparently. They said that we had signed the contract.

My oral and written requests to get our contract cancelled began around June 2017. When you buy additional points, obviously you are not thinking about selling. It is only until you inquire about selling you learn you were duped.

I am encouraged by the Sedona Diamond representatives and their willingness to look into our complaint. There is a lot more detail to our complaint, but no sense rehashing it here since the entire experience is well documented. I look forward to hearing what my new friends at Los Abrigados find out.   

Advocacy Facebook offer support groups for those who have had bad timeshare experiences like ours. Our Facebook has over 2,000 members.

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

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

https://tug2.com/Home.aspx

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

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

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

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


Contact us at Inside Timeshare or one of our Advocacy Groups if you or someone you know needs timeshare help.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

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

So that is all for this week, join us again next week for more news and views on the world of timeshare, have a great weekend.

La Provincia: Anfi Director Declares Lawsuit Between Cazorla Brothers

Over the past couple of days Inside Timeshare has been reporting on the report by La Provincia (6 November) on the case being heard at the Court No. 1 San Bartolomé de Tirajana, between Santiago Santana Cazorla and his brother Miguel Santana Cazorla, for unfair administration of funds and another of imposition of abusive agreements.

It is alleged that Miguel authorised an unjustified payment of indemnity of 718,000€ to Arturo Ramirez for the position of “Institutional General Director”, a position that Santiago Cazorla claims Ramirez did not hold. It is claimed that it was a post created to justify the bonus in a pact instigated by the partners and Miguel Cazorla.

In his lawsuit Santiago Cazorla not only implicates his own brother but also includes some of his most trusted and closest partners such as Arturo Ramirez and including Manuel Fernández and Martin Suárez, who are also administrators of several other companies.

In testimony to the Judge, José Luis Trujillo, who was at the time these event took place the Director at Anfi, spent almost an hour in the presence of his lawyer and legal representatives explaining why this money was paid to Ramirez and what has happened to it.

José Luis Trujillo leaving the Court of San Bartelomé de Tirajana

Another aspect of the Lawsuit alleges that the “Institutional Director” had also provided professional service to Anfi Sales and Anfi Resorts during the periods of 29 March 2012 until 10 April 2018. It is alleged that he did not hold this position for which he was paid and also no contract.

Santiago Cazorla also states in his complaint that the defendants took advantage of their positions as directors of the companies, using their positions “of control of administration to effect this compensation”.

In a document presented to the judge it states that Miguel Santana Cazorla and Manuel Fernández ordered Banco Sabadell to make the transfer from Anfi Sales Accounts. Therefore the Judge has requested from Anfi Sales and Anfi Resorts minutes of the meeting when the Board of Directors agreed the compensation to Arturo Ramirez. The court has also requested the bank to provide all documentation regarding this transfer.

In the next few weeks all four defendants will be summoned before the judge, with Miguel Santana Cazorla appearing on 26 November.

Inside Timeshare will keep you updated on events as they unfold.

One thing about Anfi is they do always keep us riveted with all their (dodgy) dealings, so it doesn’t surprise us one iota that the brothers are now also at loggerheads!

We just wonder how all the members at Anfi feel about what has been going on, after all it is supposed to be their club and it is their money that is being misused. We also ask the question of those who are on the committees and have constantly supported Anfi under the Cazorla’s what they think now and will they continue to be stool pigeons for them?

PDF of the La Provincia article

La Provicia Translation

PDF of the translation

La Provincia Article Translation to English

Start the Week

Welcome to the start of another week with Inside Timeshare, we start this week with a press release from Canarian Legal Alliance and their ongoing court cases against the timeshare industry on behalf of their clients, along with news released late on Friday.

The Spanish Courts around the country are going to be very busy this week, in total CLA have 31 cases appearing before the courts, these are a mixture of pre-trial and full trial cases, that is an average of 6 trials per day. It now remains to be seen how many of these pre-trial judges will follow other courts and decide to issue judgements rather than send them for the full trial. If so this will certainly speed up the legal process.

On Friday, the news came in from the courts that Anfi had lost another 4 cases, 3 at the Courts of First Instance and 1 at the High Court. All contracts have been declared null and void. In total Anfi have been ordered to pay out over 100,000€.

In Tenerife, Silverpoint have also been on the receiving end of a High Court judgement, in this case, High Court Number 3 has reaffirmed the sentence of the Court of First Instance, after Silverpoint appealed. The judgement is that Silverpoint must pay out over 24,000€ plus legal interest along with the contract being declared null and void.

It was also announced that in the long running and ground breaking case at the Supreme Court, of Mrs Shirley Wilson versus Silverpoint, she finally has received her award into her bank account. You will remember from previous articles, her case was the first at Spain’s Highest Court against Silverpoint, it took many years of appeals and counter appeals to get this case heard. 

Making up the News?

Eventually the Supreme Court declared her contract with Silverpoint null and void on the basis she was a consumer and her contract did not meet the requirement of Spanish Timeshare Law 42/98. This long running case was due to Silverpoint insisting that she had not purchased timeshare, but had “invested” in apartments and weeks for resale. This is the basis for many of the cases against Silverpoint, many hundreds of clients were duped into purchasing several weeks and apartments, which would then be placed on the “resale program”.

As we know these “resales” never happened, the clients were told that what they had purchased was not selling, but to secure and save their “investment” they would need to upgrade to better quality apartments and weeks. This scheme went on for years, with many losing tens of thousands of pounds each. The vast majority of these clients were also given Barclay Partner Finance loans to pay for the purchases, all arranged by Silverpoint in conjunction with BPF, no doubt receiving huge commissions for the loan agreements.

Today we are seeing a similar scheme which is trying to circumvent the law, they call it Company Participations, in essence the purchaser buys “participations in a “company” which is actually an apartment registered as such. Again there is the promise of profits to be made. But having seen the contracts, they are stacked against the purchaser and in favour of Silverpoint.

Silverpoint: The Story Moves On

If you require any information on this ar any other timeshare matter, or just need to know if any company is genuine, then contact Inside Timeshare using our contact page.

Tomorrow in the Tuesday Slot, we will be publishing the article entitled “The Federal Trade Commission’s How to File a Complaint Form”, by our very own Irene Parker.

Friday’s Letter from America

Welcome to this week’s Letter from America from Irene Parker, with her own 13 “Secrets the timeshare industry does not want you to know”. These are her own thoughts and follow on from Wayne C Robinson’s book recently published. But first some legal news from Europe.

At the start of the week Canarian Legal Alliance announced they had 23 pretrials or full trials scheduled to be heard this week alone in courts throughout Spain, so it looks like it will be a very expensive week for the timeshare industry. In all there were 44 new cases being prepared and presented to the various courts during October.

They also announced that the Courts in San Bartelomé de Tirajana have once again decided not to send six cases for a full trial at the pre-trial stage, instead the judges will issue sentences themselves. This is very good news for the clients as it will no doubt speed up the process.

It was also announced that another bank guarantee was received by Anfi for over 40,000€ as part of a provisional enforcement of sentence at the court in San Bartelomé. In Tenerife a court has also embargoed over 50,000€ for a German client from Silverpoint. This particular case was won in the Supreme Court. This will obviously ensure swifter payout for clients.

Now for those 13 shocking secrets.

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

By Irene Parker

November 2, 2018

After St. Paul switched sides, initially he was not accepted by either side. The Christians were wary and he was scorned by his former peers. This is the no-mans-land a timeshare sales agent may face when he or she realizes the company and industry they work for endorses and rewards sales agents who employ questionable business practices.

The over abused oral representation clause eliminates any complaint that begins with “The sales agent says.” The company representative emails the member their initials on the fine print with a “You signed a contract” dismissal. This dismissal is seconded by some state regulators demanding proof of false claims. Other states have acted after receiving a volume of complaints that illustrate a pattern of unfair and deceptive sales practices. Signing a perpetual contract, with little to no secondary market, accompanied by rising maintenance fees, has spelled financial disaster for family after family contacting Inside Timeshare. Thanks to advocates like Wayne, and our advocate team on six continents across the globe, we have kept up with our spike in contact volume.  

Wayne Robinson, author of Everything About Timeshares, Before, During and After the Sale has been removed from Facebooks he had been a member of for years, inhabited by timeshare sales agents. Our Inside Timeshare publisher Charles Thomas carries the same wounds, at times attacked because he used to sell timeshares. I once worked for a crooked life insurance company. After three weeks in the field, I was sent out for training with a top producer. I witnessed him put a pen back in the hand of an obviously dementia diagnosed senior, asking him to sign off on a fifth life insurance policy. I quit that day. Does that make me a villain because I worked for a crooked insurance company?

Wayne’s YouTube, linked in this article, follows the path that led him to become a timeshare consumer advocate.

https://everythingabouttimeshares.com/wayne-c-robinson-author/   

13 More “Secrets The Timeshare INdustry Does Not Want You To Know

“Like any industry, there are shocking secrets with the timeshare industry that consumers are not supposed to know about to protect the integrity of the companies…the industry, and the legal ramifications by knowing what really goes on”

The first 13 Secrets the Timeshare Industry Does Not Want You to Know was a great success. The first report is no longer available, but Irene Parker came up with her 13 Secrets after reading Everything About Timeshares. Irene wrote the forward to EVERYTHING ABOUT TIMESHARES.

We believe the industry can still be a viable source of happiness for families worldwide if widely reported deceptive sales practices are eliminated or at least reduced.

Irene’s 13 More Shocking Secrets

We’d like to hear from you if you have discovered secrets we have not uncovered.  

1: The “TODAY ONLY” price is always good the next day, next month and probably next year.

That’s right. The resorts will do all that they can to get you to buy the same day because once you are gone, the opportunity is gone also – so they think. This is why the timeshare resorts always tell their guests that the today price is only good for today.  This is untrue, for many reasons.

2: The FREE gifts aren’t free. They are built into the timeshare purchase price and closing costs.

When they throw in more gifts to induce you to purchase, what guests do not know is that the gifts are not free.  Those items are already factored into the purchase price and the closing costs. They are only free to those who attend and don’t buy.

3: It’s easy for sale agents and timeshare companies to dodge the contract rescission period.

“… Should you cancel within the rescission period, you are responsible for paying for all the gifts at rack rates and the highest advertised prices.”

There are several tricks that timeshare sales agents will use to prevent new owners from cancelling during the rescission period. “This new (non –existent) program is not available until after the first of the year” is one way. Often the buyer is not allowed onto the booking site until after the contract rescission period has passed. “Don’t say anything to the contract reviewer since this is a new program. I could get fired.” “Wait until you have made three months of loan payments before refinancing.” “Wait a year before selling.”

“You can offset all your maintenance fees” – which the member learns is not true when maintenance fee season rolls around.   

4: The timeshare you just bought may have no secondary market.

“It became even more expensive when owners were conned into converting their deeded weeks into points and had to pay an additional $4,000 to $12,000 for their own timeshare.”

The market is flooded with owners who will do anything to get out of their timeshares.

Some resorts have hundreds or thousands of timeshares for sale as many members are fed up with unethical behaviors, poor customer service, broken promises, and lack of availability.  

5: With a points program, it is often cheaper to book with an online travel site.

Irene had a firsthand experience when her family converted from a deeded week to a points system. Her daughter lives in   New York City. She bought points for this specific location, but learned it would cost her over $8,000 for a New York City hotel using timeshare points.  However, when she searched online for the same room at the same hotel for the same period, it would have cost only $950 using an online booking service. When she questioned the company, the reply was, “That’s for people who bought so many points they don’t know what to do with them all.”

As a former timeshare sales rep at the Holiday Inn Club Vacations in Las Vegas at the Desert Inn Resort, Wayne felt that their points program was very expensive compared to booking online.  After he added up the original purchase price, the annual maintenance fees, the exchange company membership, and the fee to use the points, it was very expensive.

6: It is not advisable to use third party lending.

“…I felt that the points programs were very expensive compared to booking online at the same resort during the same time period.”

“Not everybody pays the same price.  It all depends on the negotiation skills between the guests and the sales reps.”

When you transfer your high interest rate timeshare loan to a third party lender, like a home equity loan, or a credit card, you are in effect asking for a refund as opposed to a loan cancellation, a much greater challenge. Don’t finance a luxury item at 12 to 20%.

7: Master timeshare closers can earn up to $1 million annually.

One of the primary reasons why Wayne entered the timeshare industry was the amount of money that friends were making – over $250,000 per year, and this was in the year 2000.

Now, master timeshare closers are generating up to one million dollars a year or more in commissions selling timeshares.

8: Many licensed timeshare resale brokers do not charge upfront fees

If you’re going to buy or sell your timeshare on the resale or secondary market, always use a licensed timeshare resale agent. Many timeshare resellers are not licensed to sell timeshare online as they are not real estate licensed by the states, so buyers and sellers do not have protection should anything go wrong.  

We recommend going through the Licensed Timeshare Resale Brokers Association whether you want to buy or sell a timeshare for several reasons:

  • Each real estate agency has agreed to conduct business in an ethical manner.
  • They do not charge upfront fees.
  • They can legally answer any questions about selling or buying a timeshare and know the pros and cons of buying directly from the timeshare company versus through the secondary market.

9: The equity that timeshare resorts say they are giving you for trading in your old timeshare is “non-existent.”

This is one of the biggest scams in the timeshare industry that most timeshare owns are not aware of.

When a current timeshare owner attends a timeshare sales presentation with a different company, the sales reps will always offer to trade in their timeshare for the new one.  They will inform the guest that they will give them equity for their old timeshare, and can apply it to the new timeshare.  This is untrue. NO TIMESHARE COMPANY WILL EVER GIVE YOU EQUITY FOR YOUR OLD TIMESHARE – PERIOD.

It is a sales tactic that has been used for years, and consumers are still going for it.

10: A timeshare trial or sample program may have no contract rescission period.

Once the 4-6 hour sales presentation is over, and the sales person is convinced that they cannot make a sale, they will escort the guest to the “developer representative.”  Actually, there is no developer representative, just another sales person with a cheaper program. This program is called an exit or trial program – a way of sampling the program at a cheaper price ($2,000 $5,000) without long-term commitments.

The objective of this program is to provide the timeshare company with future opportunities to sell the full program to the members.

Trial programs are not defined as a timeshare in some states. Some local governments do not protect it the same way they would a timeshare. If you have purchased this product feeling like you experienced unfair or deceptive trade practices, you may be able to cancel despite no rescission period.

11: Using a timeshare cancellation company may present more headaches than dealing with the timeshare company.

Sadly, many consumers have been scammed by companies that promise to get you out of your timeshare offering a money back guarantee. Not all exit companies are scams, but review this 14 page FTC report listing timeshare exit scams.  Getting your money back from a money back guarantee can be as much or more of challenge than cancelling your timeshare. Timeshare members who used these outfits listed in this FTC report ended up stuck with the timeshare and never got their money back guaranteed money back.

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

12: Travel clubs that say they can get you out of your old timeshare may not do so.

There are many “travel clubs” throughout the U.S. roaming local communities.  Their marketing departments have a list of timeshare owners around the U.S. Wayne believes that the exchange companies are selling these lists compiled of RCI and Interval International members. Former timeshare sales agents and executives are often involved.They will call and inform the member that there is an important update on their timeshare from RCI or Interval International, and they must attend. The lure is a free dinner at a local restaurant.  When the guests show up at the local establishment, the sales reps attempt to sell them another timeshare at a lower price, showing them a lower maintenance fee. They will always offer to trade in the guest’s timeshares as long as it is fully paid. The buyer can find themselves stuck with the travel club and the timeshare they thought they were getting rid of.

13: There are many items that cannot be documented in the timeshare contract.

During the presentation, the sales agent shows you a directory of resorts, noting the points required. However, in most cases, you are not shown the actual availability based on supply and demand.  Of course you can find good value, less expensive than an online booking, but the internet is flooded with complaints from members who feel the sales agent overstated and over promised availability.

Know Before You Go on a Timeshare Presentation

Before purchasing a timeshare, attending a timeshare presentation, or trying to get rid of your unwanted timeshare, research the resort, the reviews, and the resale costs to learn all you can about the resort and the company. We still want consumers to buy timeshares, but are asking for more honesty and more concern for the member who feels they experienced unfair and deceptive timeshare sales practices. If you are aware of our 13 Secrets,   did your homework, and still want to jump into a timeshare lifestyle, enjoy your vacations! Three times Irene and her husband exchanged their timeshare, fell in love with the location, bought a home and moved to the exchange destination. Timeshares changed their lives for the better. One daughter now asks when told they go on vacation, “Uh, are you coming home?”

About the Author

Wayne C. Robinson has worked in the timeshare industry for more than 15 years and currently holds a timeshare license in Nevada and has held licenses in Pennsylvania and New Mexico. He has sold millions of dollars of timeshares and has hundreds of owners. Additionally, Wayne has worked for developers reviewing contracts and in sales and marketing.

Wayne has worked for many timeshare resorts in the U. S., Canada, Mexico and the Caribbean Islands, including Holiday Inn Club Vacations, Wyndham, Royal Resorts, The Manhattan Club, Pueblo Bonito Sunset and many more. He is thoroughly familiar with the contracts and the local timeshare laws on all types of timeshares.

The culmination of his career was being promoted to Director of Sales and Marketing for the timeshare at the luxurious Azul Sensatori Resort in Jamaica.

Wayne knows almost everything there is to know about the timeshare industry and wants to share industry secrets to those who want to get out of a timeshare-without paying anyone.

Thank you Irene, I’m sure that we could all come up with a few secrets that the industry doesn’t want us to know, I’m sure there will be many of our readers who will have an their own answers to that question, so if you have any comments on this or any article published, use our contact page and send them, we love to hear from you.

Have a great weekend and join us again next week.

Friday’s Letter from America

Welcome to this weeks Letter from America, today’s article is all about heirs inheriting your timeshare, with the introduction by Inside Timeshare’s very own Irene Parker, with contributions from Tom Tubbs of Island Consulting Realty and Mike Finn of Finn Law Group. This article will not only be of interest to our American readers but also to our European contingent.

But first Europe, news came in late yesterday of another High Court ruling from Tenerife against Silverpoint. Following a ruling against them at The Court of First Instance, Silverpoint appealed to the High Court. This court reaffirmed the previous courts verdict, consequently the original verdict has been upheld. The clients contract has been declared null and void due to lack of tangibility (a previous judge described it as “a bag full of smoke”), the client has been awarded over 24,000€ plus legal interest.

Again this is a case brought on behalf the client by Canarian Legal Alliance, these lawyers are just going from strength to strength.

After the article published yesterday about the “FAKE” law firm in Tenerife using the name of Mindtimeshare, another reader has sent in the following information on Abogados Litigación España  and JDD Juan Drimals Deolaro, which we highlighted on 22 October.

It is another “FAKE” compensation claim against Diamond, Grand Vacation Club and Sunterra, the Procurator fee was to be paid to one Ramon Juanca Comez in Tenerife who is also a “fake”. They also confirmed that a successful claim had been awarded amounting to 18,348€ plus 703€, obviously a “tax” of 20% would need to be paid before the court would release the money. Below are the bank details for the client to pay the procurator:

The Beneficiary  Ramon Juanca Comez

Address  C/Tortieras , Edif . Juntas , 323 Santa Cruz  38004 Tenerife 

A/C  IBAN … ES16 2038 9043 6060 0046 1027

BIC …..CAHMESMMXXX

Bank Address Avda.Santa Cruz 188 38600 Granadilla de Abona Tenerife

Now the address above is incorrect as this IBAN Number is the following bank in Valencia:

IBAN: ES1620389043606000461027  

BIC: CAHMESMM

Bank: BANKIA, S.A.

PINTOR SOROLLA 8
46002 VALENCIA

Branch number: 9043

SEPA Credit Transfer is supported.

SEPA Direct Debit is supported.

B2B is supported.

SEPA Instant Credit Transfer is supported.

 

Now on with today’s Letter from America.

Are Timeshare Developers the Pot Calling the Kettle Black?

The Heir Scare – The Same Scare Provided by a Timeshare Sales Agent and a Timeshare Exit Company Sales Agent!

A Second Warning We Wish We Did Not Have To Give

By Tom Tubbs of Island Consulting Realty

Following Phyllis and Marcy’s report

Introduction by Irene Parker

October 26, 2018

If Tom Tubbs Island Consulting Realty’s second warning wasn’t so sad it would be amusing. The most common complaint Timeshare Advocacy Group™ receives is:

“The sales agent said we had to give up our deeded week and buy points.”

The member, especially if a senior, is browbeat, told they have to give up their timeshare deed or they will be the last man standing, left holding the maintenance fee bag. Often the mostly bogus reason provided is that your heirs will be responsible for a deeded timeshare but not for non-deeded timeshare points.

The deed is usually paid in full, so by buy buying points via a loan, or charged to a credit card, the sales agent has created a liability when none existed. I’m not an estate planning lawyer, but I found this RedWeek post from a practicing estates lawyer:

To all those inquiring about your heirs being saddled with this albatross: I have been a practicing estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents.

stevenw on May 02, 2017 06:01 PM.

This is a complaint I read perpetrated by a timeshare sales agent falsely telling a deeded owner that she had to give up her deed or her heirs would suffer. Inside Timeshare previously published this account by Phyllis, age 67. She ended up representing herself in court and negotiated a lesser amount with the credit card company arbitrator. Following this scare offered by a timeshare sales agent, is the identical scare offered by a timeshare exit company sales agent.

What a timeshare sales agent told Phyllis (Unedited)

I feel I am a victim of fraud. I was asked to attend a breakfast to talk about upgrades on a timeshare I own. I was told it would last only 55 minutes. 4 highly pressured sales people took turns on me and held me for 7 hours, bouncing me into 3 different rooms. I told them I didn’t want it and that I already owned the timeshare over and over again. They said I have to buy into the new and I own my timeshare for ever, and that I could never get out of it. They said my Monarch timeshare went bankrupt and I had to invest with them or they would go after my children for payment. I had a panic stress disorder attack. I was tired and hungry.  I was tired. In order to get out of there I signed under dearest. 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. I received a letter stating the timeshare went into foreclosure. 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.

A pitch from U.S. Consumer Attorneys that Marcy submitted to Inside Timeshare which we previously published. Marcy called me the same day Phyllis did; both said they were having a panic attack over the result of their timeshare debacle. The timeshare exit company US Consumer Attorneys threatened Marcy as follows:

Louis S called me and said he was with US Consumer Attorneys Group and that he was calling about my timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the contract.  He said he is an attorney with US Consumer Attorneys Group. He said Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages.  He said Diamond would also take my Social Security payments and my retirement.

I have not paid my Diamond maintenance fees for about three years. I wanted to deed it back to Diamond but they would not take it back when I was not behind on maintenance fees. I tried to sell it but no one wanted it.

Given the fact that many exit scam artists are former timeshare sales agents, it’s no surprise they will take the deception with them when they leave their timeshare sales job and make the move to an exit scam. Not all exit companies are scams, but this Federal Trade Commission link listing scams cannot be posted to often:

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

Thank you once again Tom Tubbs for this important year end warning.

From Tom Tubbs at Island Consulting Realty:

A Second Warning We Wish We Did Not Have To Give

Hi Folks. So last week we warned you about “Exit” companies and this week we’re giving you a little bit of a different take on them. Why? We don’t want to beat a dead horse but it’s important that you do not fall victim to this. This time of year is when these companies get more aggressive in that they know your maintenance fee will be due soon and it’s a prime opportunity for them to pick your pocket. But first….Just what is an “Exit” company?

Well, these are the folks who “create” a problem that does not exist. This is a very common sales tactic with just about anything out there for sale or service. With timeshares, these companies create the VERY false impression that your timeshare is actually a burden instead of an asset. They give you the VERY false impression that you can’t sell it (although that’s what we’ve been doing for folks for the past 33 years….) and that when you die your kids will then be strapped with it (also false). Then they have a solution! (Of course!). Give them $3500 plus the deed to your timeshare and they’ll get you out of it. What great guys!

So in a nutshell what you have here is a company creating a problem for you that minutes earlier you did not know you had, and then solving that problem for you by you giving away your timeshare and your money! Problem is, for many of these companies it’s all one big fat lie; as the following story will tell….

Orlando woman says timeshare exit plan was all a lie

American Consumer LLC charged thousands then filed

Chapter 11 bankruptcy

ORLANDO, Fla. – Lisa Eller, a timeshare resort customer for 18 years, is convinced American Consumer LLC never intended to negotiate an exit from her resort contract despite promises from then Chief Operations Officer Cory “Hubb” Hubbell, that he could get it done.

    “He’s a smooth salesman; he seemed like he knew what he was doing,” Eller said. “He said, ‘It takes us about 12 months to work the program.'”

 Eller and her husband agreed to pay $2,350 for the program but just this week discovered no one from the company, aka A Consumer LLC, ever contacted her resort.

“They present themselves as people who have contacts at these resorts,” Eller said. “Our contract was paid in full; we were just paying maintenance.”

The last time Hubbell spoke to Eller was in March, according to Hubbell’s Facebook account, he left the company in May. Eller’s attorney, Jennifer Beaman Clark, told News 6 that when she advised the resort representative that her clients had been trying to resolve this for a year she was told, “It was the first time they had been contacted about the account.”

 According to records obtained by News 6, American filed Chapter 11 bankruptcy on Sept. 9. The registered agent, Brevard County Attorney Michael Sarocco, said he would try to help consumers who wanted to get their money back but that he had no official ties to the company. In an email to News 6, Sarocco wrote, “I no longer represent the company and do not have authorization to make any statements on their behalf.”

A review of state records shows Saracco was the registered agent for American Consumer Credit LLC along with another 12 companies all linked to the same manager: Dana Micallef. Micallef started the company in 2011 and, according to state records, lives in Daytona Beach. Still, it appears he has been calling customers from a New York area code.

Rebekah Nelson hired the company last September and agreed to pay $2,800 to get a release from a timeshare in Vista, California. Nelson told News 6 a man she believes to be Micallef, asked her to wire $700 to continue the contract. “They block the consumer from talking to the timeshare so you don’t know (American) is not doing their job,” she said.

Nelson is convinced there are dozens of victims who fell for the same scheme.

News 6 found a website that explained how the company claimed to complete the exit:

“When you enter into the contract termination process with Aconsumercredit™, we start to permanently remove your timeshare contract burden. No more fees. No more payments.” Nelson said she was told to stop paying her timeshare fees and that is when her credit was ruined.

If you believe you are a victim of this company, contact Mike Holfeld at [email protected]

For more information, contact attorney Saracco: [email protected]

See you next week!

Tom Tubbs, Broker, R.N.G.

Island Consulting Realty

800-809-6020 or 941-922-3808  www.TimeSharesToGo.com

Senior Licensed Real Estate Specialist

Co-Founder: Licensed Timeshare Resale Brokers Association

Board Member: Florida Timeshare Owners Group

Doctor of Funology

Related articles:

By Mike Finn of Finn Law Group:

How Can I Eliminate my Timeshare Liability for my Heirs?

https://www.finnlawgroup.com/eliminate-timeshare-liability-for-heirs/

Timeshare self-help groups:

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you to Irene, Tom and Mike for your contribution this weeks, we are sure this will be of great interest to all timeshare owners on both side of the “Great Lake”.

If you have any questions or comments on any article published, please use our contact page and get in touch, we welcome your input. If you need to find out about any company that has contacted you or you have found on the internet then get in touch and we will help you find out if they are genuine and trustworthy.

Friday is upon us and the weekend beckons, we hope that you all have a great one and just relax, join us again next week for more on the murky world that is timeshare.

News From The Courts

Today we have round up of some news from the courts, we begin with our old friends in Tenerife Silverpoint Vacations SL.

The High Court Number 4 in Tenerife have declared a Silverpoint contract null and void, the reason, it contained no tangible product, in the words of the Judges they described it as nothing more than “A BAG OF SMOKE”.

Silverpoint have now been ordered to refund the English clients of Canarian Legal Alliance, the full purchase price of £14,214 plus all their legal fees and legal interest.

This goes to prove that the courts are now seeing what we have always known, that the product Silverpoint was peddling was nothing more than fresh air.

In the Courts of First Instance N4 in Maspalomas, Anfi have been on the receiving end of two more judgements.

The first, involving a German client of CLA had their contract declared null and void, this was due to the fact the contract was for an unlimited period, known as perpetuity. Under the Timeshare Law 42/98, contracts cannot be for a period longer than 50 years.

The judge in this case also penalised Anfi for taking payments within the cooling off period, he awarded the clients double the amount paid, they will now receive over 66,602€ plus legal interest.

At the same court another Anfi contract was declared null and void, again the contract exceeded that required by law being of an unlimited time or perpetuity.

In this case CLA’s Swiss clients have been awarded double the purchase price, due to the illegal taking of payments within the cooling off period of 3 months. These clients will now receive over 36,000€ plus illegal interest.

Today we also highlight another law firm that is taking on the timeshare industry, this is M1 Legal who are based in the Malaga area. They are a fairly new legal team but have had some notable success.

The case highlighted was a very complex case as it involved many different authorised reps acting on behalf of many different companies. This was a very tangled web indeed. The resort in question was La Pinta Beach Club in Tenerife.

It was heard at the Court of First Instance N5, Arona, Tenerife, the contract was declared null and void, due to the fact it was in breach if Timeshare Law 42/98. Yet another perpetuity  contract, it also involve the taking of illegal payments within the cooling off period.

According to M1 Legal this is the largest victory they have achieved, the English clients have been awarded over 365,000€ a staggering amount. So Inside Timeshare congratulates the clients and the lawyers from M1 Legal on an outstanding victory.

s_and_r_sentence

There are some genuine law firms out there who are doing what they say, all Inside Timeshare can say is you must check, check and check again, do not be taken in by the some of the claims that you will hear. If you are unsure about who is contacting you or who the company you have found on the internet actually is or are truly genuine, then use our contact page and we will help you check.

DO YOUR HOMEWORK FIRST, YOU KNOW IT MAKES SENSE.

 

Silverpoint: The Story Moves On

Silverpoint formerly Resort Properties and now also known as Signallia Marketing Distribution SL is no stranger to these pages, or to many of those readers who have in the past purchased timeshares from them.

Many of these purchasers have also been taken in with the promise of “investment packs”, these are packs of weeks and apartments which were sold with the promise of a substantial return after two years. This return was supposed to have happened with the resale of those weeks, but these never happened, leaving many with huge maintenance fees and even bigger Barclays Partner Finance loans.

The story was always the same, the weeks and apartments that the clients purchased could not be sold as they were not sought after, in order to secure the initial “investment” the clients needed to “upgrade” to better quality apartments which were being sought. This “upgrade” would also be financed with a BPF loans arranged by firstly Resort Properties and then Silverpoint.

At the helm of this enterprise was the Chief Executive Officer Mark Cushway, who is still at the helm, although they insist they no longer sell “timeshare”.

Mark Cushway

A few years ago these “investment” packs were changed to “The Company Participation Scheme”. This is where the clients are then sold “participations” (not shares), in “registered” companies. These are actually apartments that are registered as companies with names like Palm Beach 112, using the names of the resorts along with a number, (possibly the apartment).

Once again like the “investment” weeks the whole point is to dodge the strict timeshare laws, which at first Silverpoint were successful in doing so. They actually fooled the courts in the early days that the purchasers were not buying timeshare but were investing in property. Eventually the Supreme Court ruled that these clients were buying timeshare and were not investors, therefore they had the full protection of the timeshare laws.

Since that first ruling Silverpoint has been on the receiving end of many court cases, almost on a daily basis, with the court’s finding for the clients. This is costing Silverpoint hundreds of thousands of pounds, in the past few weeks alone the courts have ordered they repay around half a million pounds.

So as the title says, the story now moves on.

Silverpoint have set up numerous companies and associations with others, to once again dupe the very same clients they duped before.

Inside Timeshare has had many emails from these clients, all have attended presentations either in Tenerife or the UK, all with the same purpose, to get them to sign up with another product or have their timeshare contract cancelled with the promise of a claim.

In Tenerife it is Centaurus Mediations, with another associate of Mark Cushway being linked to it called Lee Burton. Again this name has appeared on these pages in the past, as a bit of a henchman. (see link below) The pitch is to either sell them Keys Concierge, a so-called “lifestyle” product promising massive discounts, the cost, around £10,000 or a cancellation of the contract.

Lee Burton

Another company linked to Silverpoint is Aspirantco SL, with offices literally across the road from The Suites Beverly Hills. This company claims they are nothing to do with Silverpoint but on Mark Cushways Linkedin page under Silverpoint employees it clearly shows that they are linked. (see PDFs below)

silverpoint employees 1

silverpoint employees 2

We then have Claims Solutions Group, a company we have already highlighted on these pages, based in Aberfeldy, linked to this company is Bryan Wilson, who has recently advertised for “telemarketing” staff for a new call center apparently in West Kirby.

Bryan Wilson third from left

 

 

 

 

 

 

 

 

 

 

Another company linked with all this is Fullbrook Associates of Stirling, again using members data provided by Silverpoint, (see links below).

The purpose is to contact Silverpoint clients, using members data provided by Silverpoint and Mark Cushway, the deal is very simple, they are the only ones who can get you out of your Silverpoint contract. But to do so you first have to pay thousands to do this.

Not bad I hear you say, first they take your money to sell you the illegal timeshare, contract, then you have to pay them again to get out. Sounds like a win win for none other than Silverpoint and Mark Cushway!

So what is the aim of all this?

As we have reported on these pages, Silverpoint is losing hand over fist in the courts, at the rate this is happening they will soon have nothing left. By getting you the owners of these worthless timeshares to have your contracts cancelled, either by trading in for Keys Concierge or by having Claims Solutions Group have them cancelled, you will then have no recourse to take them to court and retrieve all the money you have paid in the past. In other words it is a damage limitation exercise at the same time getting as much of your money as possible.

Inside Timeshare has been reliably informed that Criminal Denuncias along with numerous civil actions have already been filed against many of the participants, we also know that there are many more cases waiting to be heard by the courts, not just for the timeshare “scam” but also for the “company participation scheme”.

If you are contacted by any of the mentioned companies or are enticed to a presentation while on holiday in Tenerife the warning is simple, “DON’T SIGN UP TO ANYTHING, AVOID THEM LIKE THE PROVERBIAL PLAGUE”.

If you have been taken by Resort Properties / Silverpoint with either timeshare or the company participation scheme and want to know how you can legally get your money back, also having the contracts declared null and void, then contact Inside Timeshare for further information. The courts and the law are on your side, don’t let these people get away with what has already been dubbed “one of the biggest timeshare frauds in history”. Time is running out, act now.

Links to previous articles.

http://insidetimeshare.com/start-the-week-new-information-on-centaurus-mediations/

http://insidetimeshare.com/centaurus-mediations-silverpoint-connection/

http://insidetimeshare.com/start-week-joke/

 

The Tuesday Slot

Welcome to The Tuesday Slot, this week we welcome another new contributor Wilma Miller with her “Nightmare on Timeshare Street” and her Buyer Beware article. First we have a quick round up of European news.

October is now with us and in the next few months the annual maintenance bills will be arriving, this will also bring in many calls from “companies” offering cancellation of contracts and claims against timeshare resorts. The warning is beware the fantastic offers these will come out with, from the guaranteed cancellation and the promise of no win no fee claims.

As usual it is important to do your due diligence before engaging with any company, that means check and check again. There are many questions you should be asking yourself:

  1. How long has this company been operating, can they actually have done what they state in the time they have been working?
  2. If they are offering “no win no fee” claims, how are they going to claim?
  3. In order to do the claim do they want money upfront to cancel the contract first?
  4. Are they going to sell you another product?
  5. What lawyers are they going to use if taking the case to a Spanish Court?
  6. Can these lawyers be verified as genuine and registered with their relevant bar associations?

If you need help in answering any of these questions, then use our contact page and Inside Timeshare will point you in the right direction.

The Courts of First Instance in Maspalomas began the month with another ruling against Anfi, in his ruling the Judge of Court No 4 declared the contract null and void, this was on the basis that the contract was longer than the stipulated maximum of 50 years as required by Law 42/98. The judge also awarded double the deposit paid within the cooling off period as this is also in breach of the law, in this case the German client has been award over 66,000€ plus legal interest.

Right click on image and select open in new tab to enlarge

Last month ended with a bang for Canarian Legal Alliance with a total of 18 sentences being issued in various courts ranging from First Instance to High Courts, there were also 6 provisional executions of sentences whereby Anfi has been ordered to deposit  over 184,000€ with the court. These provisional executions of sentences will speed up and ensure prompt payouts for the clients.

In all the 12 other sentences were against:

All contracts were declared null and void and the total awarded was over 286,000€

It would also appear that Abogados Lopez another fake law firm has become active again, with calls to existing CLA clients telling them that they have taken over their case from CLA. Beverley Pritchard is another new new name along with Ricardo Sanchez.

http://insidetimeshare.com/news-on-wednesday-more-warnings/

The telephone numbers being used are the same as before:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

0044 1291 440 500 which is a Chepstow code, although when trying to call this number back a recording states the number does not exist.

If you are an existing client of Canarian Legal Alliance and receive a call from any of the names or numbers above including the original name of Hope Brugge, do not pay them or give them any information, they may sound credible, but are a complete scam.

Now for our Tuesday Slot.

A Buyer Beware Timeshare Experience

Diamond Resorts

By Wilma Miller

October 2, 2018

We first encountered Diamond Resorts while on vacation June 2017. Their people knocked us off our feet with free tickets to a show, and switched us from the Stratosphere to Diamond’s Polo Towers Suites. They even picked us up in a limousine! All we had to do was attend a 90 minute presentation. It’s easy to catch people off guard while on vacation.

Looking back, I believe the presentation room was designed to be noisy and crowded. The 90 minutes turned into hours. I am 78 and my husband James, a Vietnam Army veteran, is 75. As the hours wore on we became more tired and more confused. The presentation began about 11 a.m. and lasted all day.

James has health issues. He was not feeling well after several hours had passed, but the sales agents just kept on. It did not even register when we mentioned his health issues. Sales agents Ninmar N and Diana C were vague on how the program worked. They were vague on the cancellation procedure, and the payment procedure. We felt pressured into signing and we were not allowed enough time to read the documents. They showed us the documents as they explained what was in them, but did not give us a chance to actually hold or read them before we signed. They hurried us through the signing process by placing papers in front of us, telling us what it said, asking us to sign. We later received a copy.

They had said we were eligible for a senior package. We’ve learned there is no such thing called a senior package. We did not know the maintenance fees would be so high. We did not even know we had purchased a timeshare. Jim kept asking if this was a timeshare. They never admitted it was.

We bought 3000 points. They charged $14,000 to two Diamond’s Barclaycard. We were not aware we had opened the cards, much less that the cards had been charged. We repeatedly told the sales agents we were not interested, but they kept insisting we sign the contract.

After the signing process, they placed the Diamond Resorts U.S. Collection Public Offering Statement in our packet. We were not given an opportunity to even see what it was, much less read it. They said no one ever reads it. When we looked at it later it said right on the front – THE PROSPECTIVE PURCHASER SHOULD READ THIS REPORT BEFORE SIGNING ANY PAPERS!

In our opinion, the biggest deception of all was when they told us the payment would be $80 per month with no interest and Diamond Resorts would invoice us for the payment. This is in complete contrast to what has since transpired. Instead of one payment of $80, there are two payments, making it double the price they told us.

We received two Diamond Barclays Bank Credit Cards in the mail. As I mentioned, we were not even aware the cards had been opened. One Barclaycard was in my name and the other in James’ name. Neither agent mentioned credit cards during the presentation. They said we had to fill out an application to see if we would qualify. We never received a copy of the application.

To add insult to injury, the credit cards had no interest charges until now. Now the two payments are too much for us to afford.

After we received the high maintenance fee bill and credit cards, we went back for our orientation August 2017. We told them several times that we wanted to cancel or sell the timeshare. We said we wanted out.  When we told one person, they would get another person to talk to us. They tried to sell us an upgrade even when we said we could not afford what we bought! We talked to several sales people, but they ignored our concerns. It was obvious to us they did not care.  We never saw our original sales agents. Despite being told it was an orientation, we received no training or explanations.

We complained to Diamond Resorts directly. They dismissed our claims out of hand. They expect us to pay for something based on being told:

  • This was a great financial investment that would increase in value,
  • There were tax benefits as owners,
  • We could easily sell it,
  • Diamond had a buy-back program but recommended we never use it because we would lose all our points,
  • We would have a personal representative or coordinator assigned to us. They said this several times.  We never heard from anyone, much less a personal representative or coordinator.

They did not tell us:

  • How much vacation time we would get. We kept asking the sales agents but never received an answer. They bypassed every question.
  • We received 3000 points, but when we asked how we could use them, they gave us a confusing run around.
  • When we asked about maintenance fees and other fees, they avoided answering our questions by changing the subject.

We have sent a letter saying we cannot and will not make payments. We received a lot of collection calls. We sent a letter asking that the calls be stopped. They did stop. We had a high credit score before this. We stopped making payments around March. We received a form saying they would settle for a lower amount. They were talking about the Barclaycard.  

James has been diagnosed with cancer. It’s hard enough growing older without having to go through this. How many seniors will be harmed and harassed before lawmakers and Nevada regulators do something to stop this?  We fear it will never stop, so the best we can do is write about our experience, hoping it will help others.

When I submitted this article to Inside Timeshare, I was told about this member sponsored Diamond Resorts Members’ Facebook page. I wish I knew about this Facebook before we got ourselves into this. It’s been a disaster.

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

This article was written and submitted by Wilma Miller. We invite Diamond Resorts and Barclays to respond. We publish member accounts, good and bad, in an effort to warn the general public to know what they are signing and what they are buying.

That’s it for today, remember to do your homework before engaging with any company that has contacted you or one that you have found on the internet. It must also be pointed out that just because a company advertises in a prestigious publication, the radio or the TV, this does not mean they are genuine, these are sold advertising spaces, the marketing companies that sell them do not check on the authenticity of the company advertising. They will also publish a disclaimer, that they are not responsible for the content or authenticity of the advertiser.

If in doubt, use our contact page and we will be pleased to help you with your checks.

Start the Week: Legalidades Update

Welcome to the first article for October, we begin this week with an update from one of our readers regarding Legalidades Abogados, another of the “fake” law firms which are part of the Litigious Abogados family.

Our reader has received several emails from this outfit including the very convincing “Tax Forms” to pay the Spanish Tax Authorities, all through the bank account of their “Procurador” Ramon Josema Gomerz, with the address being given as:  C/ Consoladores, Edif. Rumba, Oficina 402, S. Cruz, Tenerife, (this address does not exist). Using the website: http://ramonjosemagomerz.com/

With the email address:  [email protected]

Which is not even linked to the website, the website was registered on 3 September 2018 so is just a month old. The registrar is once again hidden by a protection service.

The bank details which have been sent for the client to pay 768.25€ into his account is given as Bankia, with the address: Avda. Santa Cruz, 188, 38600, Granadilla de Abona, Tenerife, there is a bank at this address but it is a Caja Madrid branch and not Bankia.

This amount which has been reduced from the original tax amount demanded to release their award from the court of 21,950€ from 1,536.50€ as “goodwill” gesture from the law firm who will cover the other 50%. Very nice of them to do this, but as we know there is no tax to pay so the amount has not been reduced as a “goodwill gesture” but because the client could not afford to pay the full amount, so they are reducing the amount they are defrauding them of.

Over the past few years we have seen the same scam” being used, along with the various incarnations and websites for these fake lawyers. The one thing that hasn’t changed is the nature of the “scam”, Your timeshare company has been taken to court, but to be part of the case you must first pay the Procurator fees. Then you hear that the  director has pleaded guilty and the court awarded you thousands. But again a fee is required to release the money.

The courts do not work in this manner, there is no tax to pay to release the money, in fact there is no money waiting for you, there has been no court case and no director has pleaded guilty. So if you receive any calls or emails telling you there is a case about to go to court, beware it could be one of these outfits. Click on the pdfs below to see the documentation you are likely to be sent.

Cuenta Escrow Procurador

Redacted Ayuda

Redacted_50%_de_tasas_pagados_como_ayuda

Redacted_Pago_Final_Hacienda

If you are contacted by this group or anything similar and want to know if they are genuine, use our contact page for further information, it is also important that you give us as much information as possible, this will go to help others.

If you have paid any of these fake law firms then use the link below and make a report to the Police Action Fraud website.

https://www.actionfraud.police.uk/

Remember, doing your homework before you pay any money will save you in the end.

In tomorrow’s Tuesday Slot we publish another “Nightmare on Timeshare Street” from a new contributor Wilma Williams, once again they are an elderly couple and her husband is yet another Service Veteran. So join us again tomorrow.