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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, again there seem to be links with two companies based in Sterling and Aberfeldy, which we have already mentioned in previous articles.

The worrying thing here is we already know from other readers that these companies are cold calling Silverpoint owners, we also know that Silverpoint has made arrangements with them to cancel contracts. So it is safe to say that they are working from data supplied by Silverpoint themselves, we also know that the whole purpose is to get these contracts cancelled so those owners then have no recourse to any legal action. Any compensation that is promised will not materialise and you will also be paying for the pleasure of having the contract cancelled. (In other words paying them and Silverpoint)

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 Lwyers

On the subject of Silverpoint, we have been receiving many emails over the past few days from owners of Silverpoint and Azure in Malta, who have been cold called and offered accommodation at Hollywood Mirage, The company being Centaurus Mediations, a company that we know is linked to Silverpoint, (see link below for previous article).

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

All readers have the same story, for a substantial payment of around £9,000 (average taken from all readers) with at least £1,500+ taken as a deposit on the day, Centaurus will cancel your contract with Silverpoint. There has been no mention of any compensation, well we know even if there was, none would be forthcoming.

What a joke this is, first you have been sold illegal contract by Silverpoint, this is borne out by the hundreds of court cases that have been filed against them, 7 reported above, now a company set up by Silverpoint is attempting to take even more money from you to cancel their own contracts!

Well we do know the reasoning behind this don’t we, once the contract has been terminated, then they are safe from being taken to court by you!

If you have a Silverpoint timeshare purchased in Spain and want to know how to get it declared null and void (not cancelled) along with all the money you have paid, then contact Inside Timeshare and we will point you in the right direction.

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.

Friday’s Letter from America

Welcome to this weeks Letter from America by Irene Parker, who has submitted her name for election to the Diamond Resorts US Collection HOA board. As you all know Irene is a very tenacious campaigner for timeshare members and consumers rights, so for those who have vote, Inside Timeshare urges you to cast them for her.

Back in March 2016 Inside Timeshare published the following article on how resorts and resort owners manipulate the votes to suit themselves.

http://insidetimeshare.com/manipulation-votes-resorts-resort-owners/

Before we go to Irene’s article a quick update on news from the Spanish courts who returned to full swing this week and Canarian Legal Alliance sent us this review of sentences issued this week.

In the High Courts in Tenerife there have been FIVE issued against Silverpoint, a company that still denies that their contracts are illegal

There was ONE in the High Court against the Gran Canarian Resort ANFI DEL MAR, with SIX issued in the Courts of First Instance , again another company that insists it is not losing in the courts.

A total of 11 victories with a combined value of 371,882.14 € going back to their clients.

They have also had the courts enforce a cash embargo on Silverpoint in order to secure the funds for their clients. This in itself ensures that the funds cannot be diverted.

CLA have also informed us that they have already lodged 54 new cases with various courts all over Spain just as the courts reopened, so we can expect more news on that front in the future. Now for this weeks article.

My Diamond Resorts Campaign for the U.S Collection HOA Board

By Irene Parker

September 7 2018

Chantal DesjardinesDiamond Embarc/Intrawest June 2018 election results:

Five times more members voting for Chantal than closest rival places her in third place due to weighed voting.

James Orr (incumbent)    421

Robert Reyes                       361

Chantal Desjardines           2293

http://insidetimeshare.com/the-tuesday-slot-with-irene-10/

A timeshare member thinking they can actually win an HOA election is preposterous, but if throwing my name in the ring can shed some light on the plight of over 500 angry Diamond members, many saying they are financially devastated by their decision to buy Diamond points, I will suffer the humiliation of loss. When attorney friends suggested I submit my name to the list of candidates for Diamond Resorts U.S. Collection HOA board, I laughed. They didn’t.

Our member sponsored Diamond Resorts Owners Advocacy Group Facebook has over 1800 members, less industry observers, trying to understand what happened to them and why.  

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

As of September 2nd, 509 Diamond members have contacted Charles Thomas or me, all but a handful alleging unfair and deceptive trade practices. Retired Air Force Lieutenant Barry Gingrich did not contact us, but his YouTube below accurately summarizes the mantra of complaints reported by members who feel they were subjected to unfair and deceptive trade practices.

https://www.youtube.com/watch?v=Rjcgw0dAIKk&feature=youtu.be

Lt. Gingrich’s grievances:

  • Hours long tag-team, high pressure, aggressive sales presentations,
  • Told the last sales agent sold you the wrong package,  
  • Told the timeshare is a good investment, will appreciate in value,
  • Failure to address the lack of a secondary market,
  • Poor availability,
  • Sales agent will be your personal representative, but they never call back,
  • Use of a credit card will offset maintenance fees (many members complain of being able to pay maintenance fees at $.20 or $.30 per point, but when a complaint is filed, the response back is the actual 20/20 or 30/30 program that has nothing to do with paying maintenance fees at $.20 or $.30 per point).

Sales agents defend themselves by saying members lie. The typical response from some timeshare companies to customer complaints is, “You signed a contract,” echoed by the Nevada Real Estate Division and Florida’s Department of Business and Professional Regulation. When one member asked a Florida DBPR supervisor, why other states take timeshare complaints seriously based on member complaints, the response was that what other states do has no bearing on how Florida reviews timeshare complaints.

We actually liked our Diamond points until we experienced a bait and switch, easily proved. In our case, we purchased additional points in Williamsburg, VA, told Diamond was adding New York properties. We purchased for just that reason because our daughter lives in NYC. If you check Diamond’s booking site, it would take about $8,500 worth of maintenance fee equivalent dollars to stay one week at the same hotel that could be booked online for $950, checking year round. When I asked a Diamond representative about the poor value, the response was, “That’s for members who have so many points they don’t know what to do with them all.”

I filed a complaint filed with the New York Attorney General’s office that resulted in an offer to refund the purchase, but I refused after reading the non-disclosure agreement. It seemed harsh and unwarranted. Had I not been required to sign an NDA, I would have written it off as maybe the sales agent didn’t know about the poor value. I’m not saying Diamond does not have a product or that there are not Diamond sales agents selling the product honestly. The complaints directed against Diamond are not unique to Diamond. There are many lawsuits and Attorneys General investigations and settlements, not to mention thriving timeshare exit scams.

Rather than address member complaints, the goal is to behead the messenger.  

As a result of what I consider to be retaliation, for listening and responding to readers, my husband and I attended the Whistleblower’s Summit in Washington D.C. held in July of this year. The summit slogan was:

Speak Truth to Power       

 For full disclosure, my legal name is Peggy Irene Steckert.

Twice my husband and I exchanged a timeshare and ended up buying a house at our exchange location. One of our kids now asks us if we are coming back when we let her know we are going on vacation. We exchanged a week in 2001 and bought a house in Petoskey, Michigan. While on vacation, I ended up getting hired as a Director of Music for a church in Petoskey. Given the conservative nature of the church, I thought it best to use my husband’s last name of Parker. As a result, I became Peggy Parker of Petoskey, who played the pipe organ for weddings, 25 a summer. I got tired of reading it in the paper, the reporter apologizing.

Next, we exchanged a timeshare for Diamond Caverns (no relation to Diamond Resorts) and bought a house in Bowling Green, Kentucky. I ditched Peggy and switched to Irene. Given my bio describes how I opened the first Edward Jones office on the Big Island of Hawaii, I wanted to explain my name changes in case anyone, like Edward Jones, actually looks into who opened the first Edward Jones office on the Big Island of Hawaii.     

Ironically, I built my brokerage business cold calling real estate agents and timeshare sales agents. At one of my timeshare sales agent presentations at Hanalei Bay, Kauai, when I asked if there were any questions, one sales agent raised his hand and asked, “So we’re the units?” They made a ton of money, especially if they spoke Japanese.

The American Funds mutual fund company informed me in 2001 that I was the top American Funds producer for the entire west coast and Hawaii, among all brokerage firms. I also taught classes for the Small Business Administration’s Small Business Development Centers, University of Hawaii, Kona, Hilo and Maui campuses, teaching small business owners how to understand financial statements and make use of financial ratios. I team taught with a CPA classes on business structures. I gave endless seminars at Tutu’s House, which means grandmother in Hawaiian.

Fast forward to 2018 – after developing all those client relationships and great friendships with timeshare sales agents in Hawaii, it pains me to continually hear complaints directed against sales agents. Diamond Resorts considers me an enemy, not the sales agents with multiple, similar complaints.

I guess that’s not much of a campaign speech, but it doesn’t matter anyway. You can’t win.    

RECOGNITION

http://archives.starbulletin.com/2001/06/10/business/bizbriefs.html

>> Edward Jones investment representative Peggy Steckert has been named to the President’s Club of The American Funds Group. Steckert, who works out of the company’s Kaimuki office, was honored for superior service to customers and dedication to principles of sound investing. A 15-year veteran in the financial services field, she has been with Edward Jones since 1995.

Irene Parker has experience and knowledge in the fields of finance, sales and marketing. She holds an MBA from St. Louis University, and holds a Certified Financial Planner (CFP) certificate. Irene retired from Edward Jones Hawaii. She served as a founding member of the Salvation Army Board of Directors, Waimea, a member of the Condo Board at One Archer Lane, Honolulu, a member of The Ombudsman Advisory Board in Kentucky, and was a Kentucky CASA supervisor.

 

Thank you Irene and we all wish you the very best in your election campaign. Well that’s all from me as I’m now on vacation, so there will not be many articles published until October, although The Tuesday slot and Friday’s Letter will go ahead as usual. If any important information arises then I try to get it published.

Have a good weekend.

Start the Week: Major International Fraud Smashed

We start this week with a report from La Provincia, a Spanish newspaper published on the 25 August 2018. It reports on Operation Bankog by the Judicial Police of the Guardia Civil based out of Puerto Rico in the municipality of Mogan, Gran Canaria, they have broken an international ring which was dedicated to defraud foreign nationals.

The organisation was based in the Balearic Islands and Malaga, with five people being arrested, two spanish citizens, one Austrian one British and one German, with the seizure of twenty bank accounts which recovered more than 15,000 euros.

The members of the organisation represented themselves as Spanish Justice Administration officials, receiving payments into Spanish bank accounts for payments and public taxes in respect of a bankrupt timeshare located in Austria. These took place between 2014 and 2015, and involved around twenty members of the organisation from seven different countries.

During the initial stages, a complaint was verified which proved that victims had transferred around 20,000 euros into Spanish bank accounts. These accounts were located in Palma de mallorca and Malaga, with the Guardia Civil reporting that many of the account holders were foreign nationals with criminal records some having outstanding warrants from their home countries.

The Guardia Civil is also investigating the forging of official documents which were used to perpetrate the fraud. The case has been submitted to the relevant courts with the investigation continuing and further arrests have not been ruled out.

According to the Guardia Civil the investigation has take three years due to the complexity of the organisations infrastructure, the number of nationalities involved and the many bank accounts. They believe that the amount could be well in excess of half a million euros. It also involved the collaboration of various Interpol offices around Europe.

Inside Timeshare received information from a reliable source that the investigation was initiated by denuncias issued to the Guardia Civil in Mogan,  by Canarian Legal Alliance on behalf of many of their clients.

As more information comes to light Inside Timeshare will bring you the news.

Click on the link below to see the original article, if using google the page can then be translated by right clicking on the article and selecting Translate from the menu.

https://www.laprovincia.es/sucesos/2018/08/25/guardia-civil-mogan-neutraliza-organizacion/1091317.html

The summer holidays are now at an end, so we issue our usual warning on doing your homework before dealing with any company that contacts you out of the blue, or even one you have found yourself on the internet. With maintenance fee bills about to be issued, the many scam companies will be in full swing to get your hard earned money. These will come in many guises, from resale scams, claims and cancellations, before doing any business, check, check and check again.

If you are unsure about any company and require help in find out about them, use our contact page and we will point you in the right direction. Inside Timeshare would also ask you to send any information about these companies to us, that way we can inform others of what is happening.

Relinquishment and Claims: A Quick Guide

Over the past few weeks, Inside Timeshare has received many enquiries from readers regarding cancellation of their timeshare contracts, known as relinquishment and making a claim. Today we give you some very basic information on these subjects.

Many owners are now getting on in years, their circumstances have changed, for instance they have retired and no longer want the expense of the maintenance fees. For some it is how they holiday that has changed, no longer using the timeshare or the exchange programs available.

Getting out of the contract is a minefield, there are many companies out there who promise to do this for you, some are genuine some are not. But all have one thing in common, the cost!

Before you even think about engaging a company to do this for you, it is always advisable to contact your timeshare company or resort first, just to check if they have a system in place which allows you to surrender your timeshare. This may just save you a lot of money and also gives you the piece of mind it has been done correctly.

Beware the companies that use the “bait and switch” methods, either promising a sale or cancelation, only to attempt to sell you another product when you attend the meeting, these will either be a holiday club or lifestyle package, promising huge discounts. All you will be doing is swapping one product for another, at a very considerable cost.

Then we have the proliferation of “claims” companies, many of these will offer a “no win no fee” claim. This is to get you interested in attending a meeting, then you will be subjected to a lengthy pitch as to how the claim will be processed. Then comes the crunch, the only way you can do the “no win no fee” claim is to pay them considerable sums to “cancel” your timeshare first.

The claim itself may never materialise and in many cases the owner finds out that nothing has been done and they are still liable for maintenance fees. Their particular timeshare company or resort does not recognise the company and will not deal with them. They are only interested in getting your money!

Club la Costa has issued numerous warnings about this subject, they have categorically stated they will not deal with these third party claims companies, only with the member direct. In fact CLC has a program in place whereby they will let out members for free. Maybe this is a move to stem the tide of claims that are now going through the Spanish legal system. But at least they are offering a way out which will not cost their members a fortune.

If you are unable to do this yourself then using a reputable law firm may be the only answer, but first you should always do your due diligence.

As for making a claim, in Spain the law is very clear, if the timeshare was purchased or upgraded after January 1999 and it falls foul of the timeshare laws, then you have the right to take it to litigation. The main points for a claim are:

  • Contracts which are longer than 50 years, commonly known as perpetuity;
  • Points or floating week systems, in may cases this also includes fractional.
  • Deposits or any payments taken within the 14 day cooling off period, in many cases the courts have now extended this to any payments within 90 days of signing.

These are just the basics, there are many more points which a good lawyer will also use to bring the case to court, not just the timeshare laws, but also Consumer Law and Mercantile Law.

The process for making a claim is the Spanish Courts is not a quick procedure, it can take upto 18 months for a case to reach conclusion. Then this may be delayed due to the timeshare company lodging an appeal, this is all done to add frustration into the equation.

By taking a case to litigation through the Spanish legal system also requires the use of a competent registered lawyer, who also has the experience in this field. Not all lawyers will understand the complexities of timeshare contracts. A good example is one German client who decided to use a German lawyer registered to practice in Spain, just because he was German. This lawyer did not know timeshare laws, but because of the rulings by the Supreme Court he thought it would be easy.

This particular lawyer informed his client to stop paying the maintenance as soon as he took on the case. When the case eventually came up at the court in Maspalomas, he lost. The timeshare company argued before the court that the member was now in breach of contract as they had not paid the maintenance. The court agreed.

This particular client has now paid the original law firm which they rejected , to take proceeding against the lawyer for wrongful advice, plus to make an appeal using the relevant laws. A very costly experience for this client.

Over the past few years we have also highlighted several “fake” law firms, these tend to inform the owners that their timeshare company is about to be taken to court and you can be part of this. First they need an amount to file the case at court, using the “fake” procurador who has to be paid.

Then a few weeks later you get the good news that the director of your timeshare company pleaded guilty and you have been awarded a substantial amount. Firstly, ask yourself this question, when is a director of a timeshare company going to plead guilty?

Now there is the matter of paying “tax” to get your money, this will usually be around 20% of the awarded amount, this is alway inflated to bait you in. Many of the documents we have received from readers who started to believe it, have been nearly three times what they originally paid.

If you believe that you have a claim and want to know more, then use our contact page, we will go through it with you and check if you do actually have a possible case. We will also let you know what the procedure is, the breakdown of the legal fees and what they are for. These do need to be paid to take a case to court, you will not find any Spanish law firm that will take these cases on without these costs.

Just want to cancel your timeshare, then again use our contact page, let us know what timeshare you own then we will be able to explain how you can do it yourself.

Remember, not all companies that contact you or you find on the internet are genuine, many have been set up with just one goal, to take your money and run. Do you homework, check, check and check again, not sure, then ask us. We will point you in the right direction.

In the Tuesday Slot tomorrow, we tell the story of US Air Force First Sergeant John Kim and his experience with Bluegreen. It is another of those “Nightmare on Timeshare Street” stories involving either Veterans, serving military or law enforcement personnel.

Press Release from CLA, Plus a Quick Look at the Biggest Timeshare Fraud in History

As August is very much the summer holiday month, there is not a lot of news from the courts in Spain, but it is a month when some of the new names and old ones will be making a comeback on the scam front. We will be keeping a watch on these and will start reporting them as and when they do become active.

Following on from Start the Week on Monday, we reported the news from the Royal Courts of Justice regarding the case of the Financial Conduct Authority and the validation order issued to Barclay Partner Finance:

http://insidetimeshare.com/start-the-week-13/

We have been given the following press release from Canarian Legal Alliance.

On 19 June 2018, a representative from Canarian Legal Alliance attended the hearing at the Royal Courts of Justice, Upper Tribunal, Tax and Chancery Division, to represent the interests of one of our clients.

These clients had been sold timeshare in Malta by Azure Resorts and were financed by loan agreements with Barclay Partner Finance. It transpires that these loan agreements were brokered by an unauthorised agent Azure Services Ltd. As such these agreements breached the Financial Services and Markets Act 2000.

This affected 1,444 credit agreements with a total value of £47 million, in the period between 1 April 2014 and 24 April 2016.

This made the agreements unenforceable, which entitled the borrowers to recover their money and have the agreements cancelled. Therefore BPF applied to the Financial Conduct Authority in May 2017 to have a validation order issued to rectify this. The FCA on the evidence and information at the time issued the order to validate the loan agreements in February 2018.

This validation would then entitle BPF to retain money paid to them under the agreements, also allowing BPF to enforce payments by any consumer who defaulted.

On 1 August 2018 Judge Timothy Herrington issued his judgement, in his ruling he stated the FCA should re-examine the original order and take into account “client detriment”, a factor which the FCA had not considered in the original order.

In the case of our client, this “client detriment” is very clear, they were mislead into purchasing the timeshare as an investment with the promise of income rental and then resale, which never materialised. They were pressured into signing the loan agreement after hours of high pressure timeshare sales tactics, even though our client explained they could ill afford the timeshare.

They were not explained the terms and conditions of the agreement or the full extent of the cost, the product they were purchasing was not suitable for their needs and would not fulfill the promises given. They were also mislead as to the length of the loan agreement, being 2 years and not 15 years which it turned out to be.

There were no proper credit checks made with regards to affordability or the ability to afford the repayments, they were not asked to provide any proof of income (bearing in mind they were both in their 70’s and on pensions), or any proof of outgoings.

Once the validation order is overturned by the FCA, this will leave our client able to recover all money paid to BPF and have the loan agreement declared null and void.

This ruling may also have an effect on loan agreement for timeshares purchased via loans even by an authorised broker. As a law firm we have many clients who have gone through the same process, lengthy presentations, high pressure sales and no proper checks regarding the ability to afford the repayments. We believe this may give clients an avenue to have these agreements cancelled and be reimbursed the money paid.

Canarian Legal Alliance

Our thanks to CLA for that information, now a quick look at an old story which was prompted by an item on ITV News, this was an interview by the wife of John “Goldfinger” Palmer who was shot and killed at his Essex home in June 2015.

In the interview she expressed her disbelief at the inability of Essex Police to find her husband’s killer, which the police believe was a professional hit. She also claimed she felt “sorry” for those who lost thousands in the timeshare scam. This is after she started the interview with “It was a wonderful Lifestyle” and “We had everything we possibly could want”. On whose money is the question?

The timeshare scam involved 17,000 victims and was worth over £100 million, it revolved around the multiple selling of timeshare units, resorts that had not been built or ever going to be built and ones without any planning permission.

It has been regarded as the biggest timeshare fraud in history.

Palmer was eventually jailed for 8 years in 2001 in the UK after being convicted for timeshare fraud. He was also ordered to repay around £33 million to his victims, but as the Crown Prosecution Service bungled the paperwork this order was overturned to the consternation of the police. He was released in 2005 and returned to Tenerife.

He was eventually arrested on the runway and bundled into a military transport and taken to Madrid to await trial by the Spanish authorities, he spent 2 years in jail and was then released on bail returning to the UK. The rest as they say is history.

Click on the link below to see the interview and the second link which is a report by Roger Cook made around 2 years ago on the full story of John “Goldfinger” Palmer, from his involvement in the Brinks Mat bullion robbery through to his timeshare frauds.

https://www.facebook.com/ITVWestcountry/videos/2076879189011352/

Join us tomorrow for our Letter from America, this week Irene Parker reports on the Whistleblowers Summit which she attended in Washington DC in July, you will certainly find it a revelation.

 

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot, today Irene Parker looks at what Canada is doing to protect consumers of timeshare, are the events in Spain shaping the Canadian legislators views?

If so this can only be good thing for consumers, change is necessary, Spain leads the way in this field and the more countries that use their model the better off consumers will be. The industry needs to change, if they will not do voluntarily, then it is up to the legislators to make them change.

While doing our usual browsing of the many timeshare related websites and blogs this morning, we came across this rather interesting piece in Mindtimeshare, regarding a new cold calling company and timeshare claims.

Reclaims Yard, with a caller going by the name of Bob Cosgrove, who calls those who were taken in by bogus holiday clubs and resale companies. According to Cosgrove there is money set aside and waiting for them in respect of what they paid out. That even if the consumer doesn’t have any paperwork, that is not a problem.

According to Cosgrove, they do not expect any money from the consumer (no doubt that will come later to cover “TAXES”), but the consumer will be paid out by cheque, being paid out directly from some fund or other.

The telephone number they use is 0115 8242 356 which is a Nottingham code, they also use the email address [email protected] which as we already know is just another of those free email providers and is not linked to any website.

The interesting fact is that Reclaims Yard Limited, Company Number 07722606, is a genuine company, although according to Company House records has an Active order to Strike off.

This company has nothing to do with timeshare, they are in fact specialist in reclaiming, restoring a selling “interesting and unusual” pieces of the past, reclaiming building materials and architectural salvage.

They have also published on their website a warning regarding the fraudulent use of their name regarding the timeshare claims:

IMPORTANT ANNOUNCEMENT:-

PLEASE NOTE THAT WE ARE ABSOLUTELY NOTHING TO DO WITH SPANISH PROPERTIES,  TIMESHARING OR ANY OTHER TYPES OF FOREIGN INVESTMENTS OR RECLAIMING FUNDS.

THIS IS A SCAM!

OUR ADVICE IS TO NOTIFY THE POLICE IF YOU RECEIVE ANY COMMUNICATIONS REGARDING THIS.

WE ONLY TRADE IN RECLAIMED (PREVIOUSLY USED) BUILDING MATERIALS AND NOTHING ELSE.

PLEASE SEE OUR NEWS PAGE FOR FURTHER INFORMATION…….

https://www.reclaimsyard.co.uk/

Once again, we see a fraudulent operation using the name of a genuine company to give themselves credilbility when the consumer does a quick internet check. We cannot emphasise that when making these checks it is not just to see if they are registered but to actually look at the company name that is being used.

Now for today’s article

Quebec Canada Bill 178: An Act to amend various legislative provisions concerning consumer protection

187.13 A contract relating to timeshare accommodation rights is deemed to be a service contract

A contract related to timeshare accommodation rights is considered a service contract. You may resiliate your contract for other reasons, and you have other rights and recourses.

Resiliate: fait d’annuler, de résilier un contrat canceling , termination
The verb resiliation means “To draw back from a contract”
https://dictionary.cambridge.org/dictionary/french-english/resiliation

By Irene Parker
August 7, 2018

Once again the nature of the perpetual timeshare contract comes under the legislative microscope, this time in Quebec. Perpetual contracts are not harmful in the case of your home or car, but with little to no secondary market for unwanted timeshares, the consequences of signing a perpetual timeshare contract has financially devastated many of the 515 families that have contacted Inside Timeshare seeking release. Many members have been scammed by timeshare exit companies and listing agents promising, but not delivering results.  

Among other provisions, Quebec Bill 178 defines a timeshare contract as a service contract. This could have lasting consequences for Canadian timeshare buyers who have felt trapped by the perpetual timeshare product. Many timeshare members are saddled with high interest rate loans and some with higher interest rate credit cards issued by timeshare companies.   

Under Bill 178, a service contract can be cancelled under liberal conditions. The profound implication boils down to the ability to cancel the timeshare contract if the purchaser is not getting the benefits of ownership. According to those familiar with the legislation, not getting benefits could be due to medical conditions, availability, or a host of other reasons.    

This is not the first time Canada has ruled on the definition of a timeshare. According to this 2017 ruling, the Canadian Court of Appeals defined a timeshare more like a country club than real property.

On July 11, 2017, In a decision that will likely affect all timeshares and owners of timeshares with properties located in Canada, the Federal Court of Appeal set aside the Tax Court of Canada’s decision in the case of Club Intrawest v. Canada. In doing so, the Court of Appeal substituted its own decision to refer GST assessments back to Canada Revenue Agency for reassessment of GST just for services supplied in Canada in relation to vacation homes situated in Canada.  Federal Appeal Court Judges Nadon, Gauthier and Dawson agreed with the Tax Court’s finding that a principal-agent relationship does not exist between the club and its 22,000 members. This decision also confirms that members of Club Intrawest (now rebranded Embarc by Diamond Resorts International (DRI)) do not hold beneficial ownership in the real estate and equipment in vacation home resorts and do not control the Club. The Court found that members merely own a right of occupancy in exchange for their resort points. This contradicts sales presentations, financial and marketing materials by Intrawest Corporation (“Intrawest”) and now DRI, to the effect that members have beneficial ownership of vacation homes and control the Club through election of the Board of Directors, responsible for managing the Club’s operations.  The ruling will require the club to pay reassessed GST back-taxes for tax years 2002-2007. The GST/HST tax liability for tax years 2008-2016 is unknown at this time. All timeshare owners with vacation homes in Canada may be impacted by this decision and may also see themselves assessed for back taxes on the supply of services in Canada related to vacation homes situated in Canada.

http://insidetimeshare.com/fridays-letter-canada/

Spain ended perpetual timeshare contracts.

Spain was the first country to rule that perpetual timeshare contracts are illegal. In Spain timeshare contracts purchased in perpetuity, floating weeks and points, have been deemed unlawful by the Supreme Court. To date, Spain has ruled in favor of the consumer in a whopping 129 Supreme Court victories.

Marriott Vacation Club (VAC U.S.: NYSE stock symbol) filed an 8-K Other Events, as reported by Market Exclusive July 19, 2018. One of the events was mention of Spain’s Supreme Court rulings invalidating timeshare contracts.

A series of Spanish court rulings over the past several years invalidating timeshare contracts have increased our exposure to litigation and such litigation may materially adversely affect our business and financial condition.

https://marketexclusive.com/marriott-vacations-worldwide-corporation-nysevac-files-an-8-k-other-events-4/2018/07/


Notes from the Quebec Bill 178
http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-178-41-1.html

Introduced 18 April 2018 Quebec National Assembly
Passed 6 June 2018
Excerpts from the bill:  

Bill 178 defines a timeshare contract is a service contract and not a purchase agreement involving a property transfer.

Bill 178 (2018, Chapter 14) An Act to amend various legislative provisions concerning consumer protection

The Act proposed amendments to the Consumer Protection Act to introduce a protection regime governing contracts relating to timeshare accommodation rights.

  • The Act introduces rules specific to the making of that type of contract and sets out the compulsory information such a contract must include. It grants consumers the right to resolve the contract without charge or penalty within 10 days of signing it and specifies the circumstances in which that right is extended to one year.
  • The Act imposes on merchants who enter into a contract relating to timeshare accommodation rights the obligation to establish a payment schedule for each year covered by the contract…..Furthermore, the Act introduces a disclosure obligation related to promotion made by merchants engaged in the business of such contract, prohibits certain stipulations and provides that such contracts may not be automatically renewed.   

    Division V.3
    Contract Relating to Timeshare accommodation rights


    187.13 A contract relating to timeshare accommodation rights is deemed to be a service contract

    187.14 A contract relating to timeshare accommodation rights must be evidenced in writing. In addition to the information that may be required by regulation, it must contain or state the following, presented in conformity with the model prescribed by regulation:
  • (h) the term and expiry date of the contract;
  • (j) the fees to obtain an accommodation right, their amount on an annual basis if they are calculated on a basis other than annual, and the total of such amounts for the entire term of the contract.
  • (t) a statement that the merchant may not collect payment from the consumer before beginning to perform his obligation;
  • (u) the right granted to the consumer to resolve the contract at his sole discretion within 10 days after that on which each of the parties is in possession of a duplicate of the contract; and
  • (v) the other circumstances in which the consumer may resolve or resiliate the contract, any applicable conditions and the time within which the merchant must refund the consumer.

    187.15 Any stipulation that results in the automatic renewal of a contract relating to timeshare accommodation rights is prohibited.  

    187.16 The merchant may not make the entering into or the performance of a contract relating to timeshare accommodation rights dependent upon the entering into of a credit contract.

    187.21 The contract may be resolved at the discretion of the consumer within 10 days following that on which each of the parties is in possession of a duplicate of the contract.

    That period is, however, extended to one year from the date on which the contract is made in either of the following cases:
  • the contract is inconsistent with any of the rules set out in section 25 to 28 for the making of contracts, or one of the particulars required under section 187.14 does not appear in the contract; or
  • a Statement of consumer resolution and resiliation rights and a resolution and resiliation form that are in conformity with the model prescribed by regulation were not attached to the contract at the time the contract was made.

187.24 Any contract entered into by a consumer, even with a third-party merchant, on the making of or in relation to a contract relating to timeshare accommodation rights and that results from an offer, representation, or other action by the merchant who is party to the contract relating to timeshare accommodation rights forms a whole with the latter contract and is resolved or resiliated by operation of law at the time the contract relating to timeshare accommodation rights is resolved or resiliated.

In addition, the consumer may, with respect to a contract entered into with a third-party merchant and contemplated in the first paragraph, exercise directly against the merchant a recourse based on the non-performance of the contract or on the provision of this Act.

187.25 Within 15 days after resolution or resiliation, for the reason set out in section 187.26, of the contract relating to timeshare accommodation rights, the merchant must refund all sums paid by the consumer under the contract and under any other contract contemplated in section 187.24, including sums paid to a third-party merchant.

229.1 No person may, when making or promoting a contract relating to timeshare accommodation rights, make representations implying that the contract is an investment, unless the person gives the consumer a document showing the truthfulness of the representations.    

A contract related to timeshare accommodation rights is considered a service contract. You may resiliate your contract for other reasons, and you have other rights and recourses.


What’s next on the timeshare horizon?

The key word in 229.1 is “may” because in the U.S., the language in one state regulator’s ruling states “should” not make representations implying that the contract is an investment. What a difference one word can make.  

Thank you Irene for this very interesting piece of news, we do hope that others will follow in the footsteps of Spain and now Canada to put into place laws and regulations to protect consumers from the excesses of the timeshare industry. We can only wait wait and see.

From our warning of another fraudulent timeshare reclaims caller, this does really hit home that you must always do thorough company that contacts you or that you have found on the internet. Doing your homework is vital to protect yourself from scammers and fraudsters.

If you need help in checking if a company is indeed genuine, then use our contact page, Inside Timeshare will help you find the truth and point you in the right direction.

Remember DO YOUR HOMEWORK AND KEEP YOUR HARD EARNED MONEY SAFE!

Start the Week

Summary of the Royal Courts of Justice Tribunal Ruling by Judge Timothy Herrington.

This case was heard on 19 June 2018 and  revolves around a validation order made by the Financial Conduct Authority (FCA) which validates (makes legal) loan agreements taken out by clients of Azure Resorts Malta, using Barclays Partner Finance (BPF).

The loan agreements were made by Azure Service Ltd between 1 April 2014 and 24 April 2016, with this company not being authorised as a licenced broker to arrange or introduce clients to BPF. On finding out that these loan agreements were made by an unauthorised entity, BPF applied to the FCA to have the loans validated or made legal.

This validation order was issued, affecting some 1,444 clients and could cost Barclays around £47 million.

An appeal by the clients and their legal representatives forced the FCA to apply to the Upper Tribunal Tax and Chancery Division of the Royal Courts of Justice for a hearing on the legal implications and guidance to overturn the validation Order.

On 1 August 2018 Judge Timothy Herrington issued his judgement.

He ruled that the FCA did not take into account “Client Detriment” when they issued the validation order, his ruling was that the FCA re-evaluate that decision and take into account the client detriment.

He stated that the client detriment revolves around the following:

  1. Clients were not given sufficient information as to the terms and conditions of the loan agreement required by law;
  2. There were no major credit checks made as to the affordability of the repayments such as income versus outgoings reports;
  3. The length of the loan agreements were not explained, with client under the impression that they were for two years;
  4. Clients were pressured into signing these agreements;
  5. False representations were made to clients relating to the financial impact of regulated agreements;
  6. Clients were subject to long high pressure sales tactics to purchase the timeshares;
  7. Clients were sold timeshares which were not appropriate for them;
  8. Vulnerable consumers were treated inappropriately;
  9. Concerns about commission arrangements and disclosure thereof.

The FCA must now re-examine the original validation order and take into account the client detriment statements of the borrowers.

With this ruling it makes it almost impossible for the FCA to uphold the original validation order, therefore it must overturn the previous decision and rule that these loan agreements cannot be validated and are thereby unenforceable in law.

This means that all 1,444 clients will be entitled to be repaid all the money plus all interest paid.

Once the FCA issued a cancellation of the original validation order, this will no doubt have an effect on any loan issued by a timeshare company through BPF. Although the company brokering the agreement may be authorised, the points listed above may make it possible for any loan to be contested.

This will be of significant interest to all Silverpoint clients who entered into contracts under the investment weeks scheme.

At present it is not known how long the FCA will take to issue their findings.

Latest news surrounding Tauro Beach.

The scenes witnessed a few weeks ago of the destruction of homes situated on Tauro Beach have been the subject of many news articles, the local people are understandably very angry.

The destruction was carried out by a private demolition company with a not too savoury reputation, Desokupas, who were hired by the Cazorla‘s and Anfi to clear the area which they claim they own.

This was done without any apparent court orders, which leaves us to believe that the destruction may just be illegal, even if the land is owned by the Cazorla’s.

It does leave us to wonder how the members of the Anfi resort must feel about this, that the company they pay high annual maintenance fees can behave in such a manner?

Do they actually understand what is going on?

It also begs the question how the Ambassador for Anfi David Silva, the renowned footballer and local boy must feel about how the company he represents in advertising is treating his own people and neighbours?

Click on the links below.

https://m.eldiario.es/canariasahora/sociedad/situacion-vecinos-Desokupas-chabolas-Tauro_2_799340062.html

http://canarias-semanal.org/not/23270/un-comando-de-boxeadores-peninsulares-viaja-a-gran-canaria-para-derribar-chabolas-video-/

https://www.eldiario.es/canariasahora/politica/Nueva-Canarias-Ayuntamiento-Mogan-Tauro_0_800020281.html

For the full story of the whole project search Tauro Beach in the search box.

If you have any comments or questions regarding this or any other article, or if you need to find out about any company that has contacted you, then use our contact page and we will point you in the right direction.

The Tuesday Slot with Irene

Welcome to The Tuesday Slot, this week we publish another Veterans “Nightmare on Timeshare Street”, with the introduction by Irene Parker. As with many of the other articles published on Inside Timeshare this is a story from the Veterans own personal experience, these stories have become all too familiar with us at Inside Timeshare, not just from Veterans but also serving members of the armed forces and law enforcement. But first some other news.

It looks like Diamond Resort International have yet another legal action filed against them, this was filed by Labaton Sucharow LLP, on 23 July 2018, on behalf of their clients Local 705 International Brotherhood of Teamsters Pension Fund, under the Securities Exchange Act 1934.

Once again this is a Class Action lawsuit, which others who may be affected being invited to join, further details can be obtained from: www.labaton.com. (See link below).

https://globenewswire.com/news-release/2018/07/25/1542302/0/en/Labaton-Sucharow-LLP-Files-Securities-Class-Action-Lawsuit-on-Behalf-of-Diamond-Resorts-International-Inc-Investors.html

There is another new name has come up on the radar, Martinez Notarias with lady called Victoria Holmes contacting consumers who had dealings in the past with our old friends Ramirez and Ramirez. She claims that they can recover along with compensation what the consumer paid, now the worrying aspect is she knows exactly how much was paid, which only leads us to conclude that she is either working with Ramirez or has managed to get hold of all his old records. We actually believe that she is working with Ramirez.

She sends out to those interested Non Spanish residents tax exemption form, which is downloaded from the internet, once the form is completed it then has to be faxed not posted back. There is no website but there is an email [email protected] which is just a normal Gmail free account,  the telephone numbers being used are:

(+34) 603208693 Spanish mobile

Fax: 070 1197 2107 The code 070 is a personal number.

Personal numbers allow a person or businesses to give out a single phone number, then redirect their incoming calls to different locations as and when they choose. 070 numbers can also be used as temporary numbers. For example, somebody selling a car through classified adverts could set up an 070 number to receive enquiries then disable the number after the car has been sold, rather than publishing their real home or mobile number. So this is not a very good sign!

Another new “fake” Procurador has also been flagged, CARLOS RIHOM IGRAIM, with the website:

http://procuradores-igraim.com

The website was only registered on 25 June 2018 so is only just over a month old, yet according to the website they have been established since 1973 and have over 40 years experience. The email they use is [email protected]com which again is not linked to the website but is another free email provider such as gmail or yahoo.

The address they give  Calle Yamun 23, Edif. Ifuami, Oficina 328D, Santa Cruz, 38009, Tenerife, when checking this address on google maps, guess what, nothing comes up!

It appears that this “Procurador” is also part of the Legalidades Abogados setup, (Litigious Abogados family). Remember unless you have instigated any legal action, any call to tell you that your timeshare company is about to be taken to court and you will be in for substantial compensation, it is all a lie, they are after your money and that is all.

Now for this weeks article.

Timeshares Affecting the Lives of our Veterans

Another Veteran Family

A Tahiti Village Timeshare Experience

July 31, 2017

Introduction by Irene Parker

Inside Timeshare reached out to Tahiti Village. I talked to a Tahiti reservation agent. He was very nice, explained Consolidated was bankrupt, and that we would need to contact Soleil Management as to their response to this article submitted by a Tahiti owner, who wishes to remain anonymous. The Tahiti agent took my information and said he would forward to Soleil.  We did not hear back.

By a Discouraged Tahiti Village Member

Inside Timeshare can forward comments to this Tahiti member requesting anonymity.

Nevada and the businesses and agencies operating within it have no intention to do anything about timeshare fraud, so I hope the court of public opinion will be more effective. Please Share my article on your Facebooks to let people know about timeshare business practices and to seek answers to questions you should ask before signing any timeshare contract. If you don’t, you may find yourself stuck in a timeshare trap as we are.

I am writing this article to let people know about our Tahiti Village timeshare experience. I hope to warn other people to ask the right questions, so they don’t find themselves saddled with a timeshare they can’t get rid of. We made our last payment December 2017. I last heard from Tahiti Village in April. We have always had good credit, but now, as seniors, we face foreclosure.

I retired from a ATT & T, so I understand customer service. Our experience with Tahiti customer service has been disappointing. When I wrote good comment cards, Tahiti would respond, but when I submitted our concerns, Tahiti ignored those comments.  

When searching the internet, I found this email address from a member seeking other members who wish to pursue a class action lawsuit against Tahiti Village:  [email protected]

https://www.ripoffreport.com/reports/tahiti-village-scam/las-vegas-nevada-89119/tahiti-village-scam-shannon-deceptive-sales-lies-and-misrepresentation-of-facts-l-1432118

Tahiti Village has a Better Business Rating of A+ despite two of two negative reviews.

https://www.bbb.org/southern-nevada/business-reviews/resort/tahiti-village-vacation-club-in-las-vegas-nv-77371/reviews-and-complaints?section=reviews&reviewtype=negative

We have been Tahiti Village timeshare members since 2008. We enjoyed our Tahiti experience for several years until 2015 when we were steamrolled into purchasing an upgrade. By 2012, things had changed. Once when we checked in, we discovered our unit was nasty, the carpets were worn, the couches ripped. One year there was a bad smell in the master room. They just sprayed deodorizer, which did not help. The next year the microwave did not work. As we were checking out they brought the microwave. This is what our maintenance fees are supposed to cover.

Pressure to upgrade ensued. After one presentation, we felt like we had been held hostage after a four hour sales. We ended up upgrading from a fixed to a floating week with RCI. Since then, many things have happened that have turned what was a bearable irritation into an unbearable nightmare. In addition to seeing the fees rise, we now realize we were pressured into purchasing a timeshare product that we never really wanted in the first place. It is a timeshare product not worthy of what we are paying.

My husband, a Navy veteran, served his country for 20 years. Our Armed Forces Vacation Club benefits far exceed this timeshare. We paid Tahiti our hard-earned money for a product that has never lived up to its billing and has been a source of much stress.

As we explored ways of getting rid of our timeshare, it became apparent that many things we were told were not true, including

  1.    The timeshare is an investment that would appreciate in value,
  2.    We would be entitled to tax breaks,
  3.    We could rent the timeshare to pay maintenance fees,
  4.    The timeshare would be easy to resell, assisted by Tahiti.

So, after 10 years of paying for a timeshare that we were told would appreciate in value, could be rented and could be sold for a profit, we are left disappointed and angry. You can sell a house, even with a mortgage, but it seems there is no way out of a timeshare trap.

At times I stayed at Tahiti without my husband. If he was not with me I was treated markedly poorer. I felt that this is because they would always try to upgrade us if we were staying there together. When my husband was not with me, the customer service was worse, and the rooms were of a lesser quality. If we had a problem, even when staying together, reception would tell us they would look into our concern without ever doing so. One time,I asked for a first floor room because my daughter was on crutches and we ended up with the furthest room on the fifth floor. It seemed the only time we were treated with respect was when they wanted more money. This has been a source of irritation through the years, but not enough to warrant action.

When I wrote directly to Tahiti Village Resort asking to be released from this timeshare, I received no reply. I wrote to Soleil Management. They told me that they were not responsible for any misrepresentations that may have happened at the presentations because they were carried out by Tahiti Village Resort and they were merely the managing agent. Tahiti Village Vacation Club also said they were not responsible for any wrongdoing.

I wrote to ASNY, who claimed to be the developer and seller of the resort, as well as the managing agent for Tahiti Village Vacation Club. They said they were not responsible for any complaints about the quality of our stay and we should contact Soleil Management. They then proceeded to give me the usual spiel about how I signed the contract and they were innocent of any wrongdoing perpetrated by the sales staff. They also said that because we had been customers for 10 years, we had no case so would no longer correspond with us. (Inside Timeshare comment: Where have we heard this before?)

According to Ripoff Report, Tahiti is also known as Consolidated Resorts but have learned Consolidated filed for bankruptcy protection:

https://www.ripoffreport.com/reports/tahiti-village-consolidated-resorts-soleil-llc/las-vegas-california-89145/tahiti-village-consolidated-resorts-soleil-llc-tahiti-village-soleil-management-awsuit-479999

Why is the length of time we owned the timeshare be relevant if we always believed our timeshare was an investment that could be sold if need be? It wasn’t until we wanted to get rid of the timeshare did we learn we had been lied to. If you are in a dead-end relationship and your partner decides to go one step further and punch you in the face after 10 years, should you have no recourse?

So far, we have filed a complaint with the BBB and had our complaint dismissed before any real dialog took place. The Nevada AG referred us to the Real Estate Division. We filed with the Real Estate Division, who said they could not help.

In my opinion, Nevada, and the businesses and agencies operating within it, have no intention to do anything about this so I’m hoping the court of public opinion will be more effective. Please share my article on Facebook to let people know about our Tahiti Village experience and to warn potential buyers to do their homework before buying any timeshare.

Comments from Irene

The public, especially the military, need to be aware that a decision to sign a timeshare contract means signing a contract in perpetuity, often with no secondary market. Maintenance fees have a tendency to increase, so the timeshare can easily become cost prohibitive, even when there is no loan outstanding. Attorneys General investigations and settlements are appreciated, but seem to be only financial speed bumps in the life of a timeshare company. There has been no federal enforcement.

When a timeshare has little to no secondary market, even if you spend $100,000 or more, there is a good chance you might not be able to sell it or even give it back. Scams abound, promising to get you out of your timeshare or your money back. A few of these companies are legitimate, but several readers have reported they did not receive their money back, even when the timeshare returned to the developer due to foreclosure.    

Inside Timeshare has received timeshare complaints from 63 active duty and retired military and law enforcement personnel. Some of the active duty members are concerned about losing their security clearance due to timeshare foreclosure.   

Whistleblowers of America is an organization dedicated to seeking justice for veterans and Active Duty military. WoA presented a Timeshare Advocacy Group™ report to a Joint Committee on Veterans Affairs March 14, 2018. We hope lawmakers will wake up and do something about this. If a timeshare member is helped by our efforts, we encourage a donation to Whistleblowers of America.

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, Washington, D,C.

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

Fraud and Scams Against Veterans:

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

Thank you to our Veteran for their story, they also wished to remain anonymous, also thanks to Irene for the hard work you put in to edit and write the introductions for many of these articles. In Friday’s Letter from America we will be publishing the Better Business Bureau Timeshare Report, which also has some very interesting recommendations to the industry.

If you have any questions, comments or even would like to have your experiences shared with others, then contact Inside Timeshare using our contact page.

Have you been cold called by a company offering any service from resale, claims or relinquishment, or even found one on the internet and want to know if they are genuine, then use our contact page and Inside Timeshare will point you in the right direction.

Remember doing you due diligence and homework will save you your hard earned cash.