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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.

 

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.

Friday’s Letter from America

Welcome to this week’s Letter from America, it is yet another “Nightmare on Timeshare Street” by Irene Parker involving yet another Veteran, this story is on that will make your blood boil! But first for some news from the Spanish Courts and more disasters for the timeshare industry.

Anfi were yet again on the receiving end on the 18 September, They had to deposit into the court the sums of 48,735.82€ and 16,222.68€ in respect of sentences issued in the favour of clients. In two days that brings the sum Anfi have had to payout to a massive 184,650.14€.

On the same day, the Courts of First Instance in Masàlomas issued another sentence against Anfi, at the same time in Tenerife, Silverpoint had two sentences issued against them. In all the total awarded is a massive 215,000€. All contracts were declared null and void and all clients received back double the deposit paid which was in breach of the law forbidding the taking of payments within the cooling off period. One of the sentences against Silverpoint was issued by the High Court in Tenerife.

In another case which was held last week, the Judge at the Court of First Instance number 5 in Arona, decided that the case would not be sent for a full trial, he decided that as the case was in flagrant breach of the timeshare laws, he would issued the sentence in due course. On 19 September that sentence was issued, the contract with Silverpoint was declared null and void, with the client being awarded more than 23,000€.

Good news also came from the Courts of First Instance in Maspalomas, The judge presiding over Court Number 3 had several pre-trials this month, he then decided that these cases need not go to a full trial and he would issue sentences in due course. That now make Courts numbers 1, 3 and 4 no longer sending cases for a full trial, this is obviously good news for the clients bringing the cases as it now speeds up the judicial process.

All these cases were brought on behalf of clients from none other than those determined lawyers at Canarian Legal Alliance, so congratulations the lawyers and their clients.

One of our readers contacted Inside Timeshare to inform us that an ex sales Rep from Silverpoint had cold called them regarding getting them out of their Silverpoint contract with a view to gaining compensation. How did our reader know he was an ex-sales rep, simple, he was one of those that sold them the Silverpoint in the first place! The Caller stated he was from Harlow Consultants SL, so another new company has appeared.

Now for our Letter from America.

A Fourth Vietnam Veteran, Agent Orange Disabled, Fights a Timeshare Battle

By Irene Parker

First Draft September 16, 2018 for Friday September 21

Inside Timeshare has heard from 587 U.S. timeshare members, all but a handful alleging unfair and deceptive trade practices. Of the 587, 78 are veterans, active duty military and law enforcement. Many of the vets are disabled. Four, like Mr. Gomez, are disabled from Agent Orange. The volume of timeshare complaints submitted by readers has established the following facts and opinions:

  • Fact – Many of the 584 families are financially devastated by their decision to buy a timeshare. I have listened to many tears.
  • Fact – All but a few complaints have been dismissed with, “You signed a contract” or “Verbal representations are hard to prove.”
  • Fact – All the complaints sent to the Nevada Real Estate Division and the Florida Timeshare Division, DBPR, have been met with the above defenses.  Other states have taken complaints seriously, based on the volume of complaints and the similar nature of the complaints.
  • Fact – There are several repeat offending sales agents, with three to six identical or similar complaints.     
  • Fact – Not one of the 584 families knew their timeshare had virtually no secondary market.
  • Fact – A significant number have been ripped off by a timeshare exit company.
  • Opinion – Lawyers with no timeshare experience have no business taking a timeshare case.
  • Fact – The dollar amounts of many complaints lost to timeshare exit scams pales in comparison to the dollar amounts lost believing timeshare sales agents, according to member reports.

One resort has accused me of creating complaints. In other words, if the member had not talked to me, they would not have had a complaint. In the case of Mr. and Mrs. Gomez, this is true. I’ll explain. We will not name the timeshare company, hoping they will help the family, but the Gomez family said they would like their story told. Mr. Gomez is 71, Mrs. Gomez 63. They are Arizona residents.

Like George Yamada, from last week’s article, Mr. Gomez is a Vietnam Veteran, disabled from the effects of Agent Orange.

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

Mr. Gomez is 100% disabled. Mr. Gomez earned two Purple Hearts. He has been informed his pancreatic cancer is terminal.   

   Vietnam soldiers

Mr. Gomez called a week ago and said he was struggling with a $28,000 timeshare mortgage. After listening to his comments, I concluded there had been no deception. A timeshare mortgage is just like a home mortgage in that you can’t go to your home mortgage lender and say, “I can’t afford this.” Mr. Gomez said he had switched some old points into a newer category of points. At the end of our conversation Mr. Gomez mentioned his Stage 4 pancreatic cancer. I advised him to request a release based on medical hardship.

That night I woke up with one of those lightning bolt 2 A.M. moments. I called Mr. Gomez first thing the next morning and asked WHY had he switched from the old points to the new? He said it was because his resort had gone bankrupt.

I know for a fact that it is not mandatory to switch from his old points to the new. Mr. Gomez went on to tell me the sales agent in Las Vegas knew he had pancreatic cancer because he had explained to the agent why the four hour presentation was so tiring. He was suffering the aftereffects of his treatment. “They said our maintenance fees were $2,200 for 2018 and would go up to $3,000 January 1, 2019 if I did not convert, but if I upgraded to the next loyalty level I could turn in 10,000 points to pay $2,000 of the $2,500 maintenance fee,” he added. This is nonsense of course.  Mr. Gomez’s maintenance fees will go up more than $2,500 because of the additional points he purchased. Maintenance fee invoices have not been sent, but I seriously doubt the increase in his prior points will increase this dramatically. I own the same points.

So yes, you could say I created this complaint. Without my informing Mr. Gomez it was not necessary to switch from one set of points to the new, he would not have been aware of the deception. Only at the highest loyalty level can maintenance fees be paid with points (at pennies on the dollar).    

Whether this complaint is resolved or not resolved, it doesn’t change the turmoil this timeshare has caused the Gomez family by believing they had to transfer from one program to another. Mr. Gomez has been accepted for Hospice.

Mrs. Gomez called me. I had already surmised Mr. Gomez is an easy going person. His reaction seemed more disappointment than anger when I told him he could have kept his prior timeshare with the $6,000 loan balance, as opposed to the $33,000 purchase with $28,000 financed and $4,500 charged to a credit card. Mrs. Gomez reaffirmed my suspicion of Mr. Gomez’s easygoing nature saying,

Leo is a very easygoing person. But I’m a teacher!” A common complaint we hear, “I don’t like being made a fool of.

We encourage member accounts of their timeshare experiences, good or bad. We hope consumers and the industry will listen to the voices of those who wish to be heard.

So there we have it, another “Nightmare on Timeshare Street”, this is probably one of the worst that we have yet come across, it makes you wonder if these sales agents and company directors have any moral bone in their bodies.

Stop press

Inside Timeshare received the following email from Wayne C Robinson, Author of Everything About Timeshares, Before, During and After the Sale. We asked him if we could publish and he was more than happy for us to do so, please share this on you facebook pages and other social media.

Timeshare Author Challenges Diamond Resorts CEO Flaskey to “Do The Right Thing.”

I am not sure how to react when Mike Flaskey, CEO of Diamond Resorts International, views my profile on LinkedIn.

But, whatever his reason, I would like to share a few words with him, now that I have his executive attention.

My purpose in writing the book is not to attack companies such as Diamond to gain something in my own corner. I am merely pointing out areas that I feel require your attention to improve on customer relations.

These areas have certainly been highlighted with the multi billion dollar lawsuits against Diamond Resorts, and the level of customer dissatisfaction from the people who befriended and trusted your OPCs, sales reps, and VLOs. Remember, your members are the people who provided you the privilege of representing a company that has so much potential.

Rather than spend millions of dollars hiring fancy lawyers to help improve on customer service, you hire them in an attempt to destroy a woman in her 70s who is spending the remainder of her life helping families get their lives back on track for the damage your company has allegedly caused.

Were you aware of 83 year old retired Marine Raymond Mori, a two time Purple Heart recipient who has been battling with Diamond Resorts with a serious heart condition?

Were you aware of Roy and Angele Simmons, a U.S. Navy veteran whose mortgage to your company is $2,700 monthly with Maintenance fees of $4,780, and their social security check goes to pay Diamond? Just in case you didn’t see it, here is their story. https://youtu.be/j_nca6lMA4U

Shame on you, Flaskey for focusing on how to keep afloat your ship while the likes of Marriott and Disney and other reputable resort chains are watching you.

I am asking you to “man up,” and be the leader that your company and the general public can respect and appreciate by “doing the right thing.”

Spend your money and time trying to improve your customer relations and presenting your company as something Americans can be proud of, or find somebody else who can do the job.

As far as viewing my profile, I appreciate your interest in me and my book project. I also viewed yours. Congratulations on getting the position. Now that the world is watching, what are you going to do with it?

Well that’s it for this week, remember if you have any questions or comments about any article, company or just need some sound advice, then use our contact page and we will get back to you.

Have a great weekend.

The Tuesday Slot

My Experience with a Timeshare and a Timeshare Exit Company

Another Veteran Foreclosed

September 11, 2018

Inside Timeshare has heard from 73 US veterans and active duty service members and law enforcement alleging unfair and deceptive timeshare business practices. Today is September 11, a day we remember the Twin Towers, a day that shook the world. Like George Yamada, our newest veteran contributor, first responders have suffered health effects as a result of their service for freedom.

Mr. Yamada explains today how he had invested over $100,000 in a timeshare, losing about $50,000, forced to default on the balance. As he illustrates, the amount of money lost to timeshare exit companies often pales in comparison to the amount lost buying a timeshare for the wrong reasons.

Inside Timeshare has received many complaints from members in the U.S. and the E. U. who feel they were scammed by an exit company promising their money back if they are not released from their timeshare, only to learn the promise fell short.  Not all exit companies are a scam, but we consider any company not living up to their money back guarantee, to be in violation of Section 5 of the Federal Trade Commission code, “Unfair and Deceptive Trade practices.”

Read the guarantee you sign off on carefully, three words like “or in process” can made a big difference. The guarantee from the timeshare exit company’s website:

All Paid in Full Timeshare Cancellations are Guaranteed to be Transferred or In Process within ONE YEAR or Your Money Back!*

* All Paid in Full timeshares are guaranteed to be transferred or in process within the one year after you, the client, give us your file documents, or you will receive your money back.

Although George’s timeshare was not paid in full, he is adamant the company provided him this guarantee, even with his outstanding loan. Furthermore, the timeshare company issued George a notice of default. A default is not a transfer.  

By George Yamada

September 11, 2018

My wife Dawn and I are engaged in a battle we never expected. I am 71 years old, a Vietnam Army veteran, 70% disabled from Agent Orange. Veterans exposed to Agent Orange experience diabetes, kidney disease and other health risks. https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp

I administer pension plans. I can’t imagine any company in our portfolio treating their clients the way my wife and I have been treated.  

We purchased 41,500 Diamond US Collection points for over $100,000 as an investment. After learning the points are virtually worthless, I contacted a timeshare exit company December 2017 and paid them $6,000 to get out of the contract. The estimated turnaround time was expected to be four to six months. In April of 2018 I was told Diamond is overloaded with members wanting to get out of contracts, so it could take a year.

Summary of my purchases

In 2015 at Ka’anapali we bought a trial package for $1.93 per point.

In 2016 in Florida we purchased 6,500 points for $19,055 or $2.93 per points.

The third purchase was August 2017 by phone from Washington State. A lady called and said they could offer me a great deal. She said Diamond points are an investment for the future. They sold us on the discounted value compared to the current price. She said they could not offer the price we paid before because the price per point had gone up. Having bought at $1.93, this sounded like an excellent investment. We purchased 8,500 points for $28,560 or $3.36 per point.   

The fourth purchase was October 10, 2017. We met Juaquin B in Florida. Juaquin wrote $3.49 on a sheet of paper and then showed us the current price at $9 per point.  He would not give us the paper. He said that the points we had purchased had gone up so we could not purchase at the previous price. Juaquin told us this is the best investment we could buy because of Apollo. Apollo Global Management had acquired Diamond Resorts. As a pension administrator, I knew Apollo was a venture capital company. Juaquin said the more points we bought, the better our value. The sales presentation lasted six hours, and I am diabetic.

We purchased 20,000 points totaling 41,500 points for $58,000 or $2.90 per point.

Juaquin said our two prior loans would be consolidated so the new monthly payment would be $774. This didn’t happen. We ended up with payments of $500 a month plus $700 a month so over $1200 a month which is impossible for us.  

The maintenance fees for the points purchased Juaquin wrote down as $3,300, but since the loan was not consolidated, the maintenance fees were about $8,700. This was a sizeable percentage of our net income. After our expenses we were left with only $1400 per month for food and all other living expenses.

When I tried to contact Juaquin, he said he was extremely busy but would contact us. I called and texted him about 12 to 15 times with no response. When he finally contacted me, he told me to send my hotel and rental car bills to him and he would reimburse us. I have the email from when I sent him the bills. Juaquin had previously explained that I could use points just like money. He said my points are worth $3 per point. Juaquin said, “You could buy a gallon of milk with your points.” I never heard from him after forwarding him our bills.

Joaquin told us repeatedly we could sell Diamond points back to Diamond. When I called Joaquin to ask how to redeem points, he said he would walk me through the process, but would have to get back to me. I did not hear back, so I called Diamond financial services November 2017. I said I would sell points back to them for what I had paid. They said Diamond does not buy back points.  At my age, I would have never purchased $58,000 worth of additional vacation points if I knew there were so few buyers. We had only used the timeshare a couple of times. I disputed this transaction with my credit card companies. I had not qualified for their Barclaycard. Both cards gave us our money back.  

The company said in a press release that they promise transparency and accountability. They boast of a PROMISE that memorializes a series of operational procedures and enhancements in a single document. From their press release:

Transparency

  • We will provide clear, concise and consistent information at our presentations so that you can easily decide whether committing to vacation is the right decision for you and your family.
  • We seek to articulate the benefits of membership so you understand:
  • How to use your points for other travel arrangements, such as airfare, or (for our Platinum members only) how to apply them to maintenance fees.

It has now been well over a year since I signed with the timeshare exit company. I reached out to Inside Timeshare May of 2018. After explaining that I bought the points as an investment, I was advised to file a complaint with the Securities and Exchange Commission, because timeshare points are not a security and should not be sold as an investment.  Considering my background as a pension administrator, I should know if what had been described to me sounded like an investment.

I filed a complaint with the SEC June 3, 2018. Shortly after, I received a response from a SEC attorney. I contacted the timeshare exit company on July 18, 2018. The attorney I spoke with told me that they had received a Notice of Default-Revocation of Note dated June 13, 2018. It had been addressed to me but sent to the timeshare exit company. I asked the attorney why I had not been notified or sent a copy of the letter! He had no explanation. I asked for a refund or partial refund and of course the answer was no. I asked him why. He told me it was because Diamond could come back to them for any reason. Their guarantee was for a transfer, not a default!  

You don’t have to pay anyone to get defaulted!

EVENTUALLY, SOME LAWMAKER OR REGULATOR HAS TO WAKE UP TO THE HARM TIMESHARE IS DOING TO FAMLIES, SENIORS, and VETERANS.

Thank you to George Yamada for his service to America, for freedom and for sharing his experience. Contact Inside Timeshare if you have a timeshare experience to share. We publish all experiences, good or bad. The views expressed in member submitted articles are their description of their timeshare experience. The one true fact we know, is that the families contacting us often say that they are financially devastated by their decision to purchase a timeshare. Sold and bought for the right reasons, a timeshare can be of great benefit to a family.

Follow the link below for the article published in OpEdNews:

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

 

Start the Week

Welcome to the start of another week in the world of timeshare, tomorrow is 9/11 and we shall be publishing another “Nightmare on Timeshare Street” from Veteran George Yamada. He will be sharing his experiences at the hands of his timeshare company and also with a timeshare exit company, so join us tomorrow on The Tuesday Slot.

Veteran George Yamada

Last week was the first full week the courts were open after the August break and what a week it was for the lawyers at Canarian Legal Alliance. The courts issued 12 sentences from previous trials, the first 7 involved Silverpoint, with the Tenerife Courts declaring all contracts null and void along with ordering Silverpoint to repay a massive £536,118.00 a very costly week for Silverpoint.

In Gran Canaria, the Courts of First Instance issued sentences against Anfi Del Mar, 5 in total, once again the contracts have been declared null and void. The amount that Anfi have been ordered to repay clients totals £175,442.00 so in total CLA have secured over £771,086.00 could we be seeing the million pound mark in one week being reached soon?

As well as the sentences, CLA reported many pre-trials had also taken place in various courts around Spain, so it does look as though this is going to be a very busy few months.

Some of the many CLA Lawyers

Another of our US colleagues Lisa Ann Schreier, also known as The Timeshare Crusader, has asked that we publish the following link to a webinar she is co-hosting later this month.

https://www.eventbrite.com/e/timeshare-crusader-ficlub-present-wont-get-fooled-again-repair-dont-repeat-your-mistakes-tickets-49253974965

This is entitled “Don’t get fooled again – repair don’t repeat your mistakes”.

The webinar is being arranged jointly by Lisa and Fi Club, it should prove valuable to our many US readers, obviously any European readers are also invited to attend.

Lisa Ann Schreier The Timeshare Crusader

Inside Timeshare will bring you an update from Lisa once this has taken place.

Well that’s it for today, I am on Vacation in sunny Malta enjoying the wonderful history that Mediterranean Island has to offer, do join us tomorrow for our Tuesday Slot.