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monday start

Start the Week

Hope you all had a good weekend, we also hope that all our friends in Florida are safe with the hurricane Irma wreaking havoc. Irene and Don evacuated from Venice to Orlando to escape the storm, we hope to hear from her today, although she has kept busy with new articles for this week.

claimmoney

Back in July we reported on a series of police raids in the Velez MalagaTorre del Mar area, these centered on several companies: Halfmoon Holdings, Excalibur Sales & Marketing, Blue Chip and Rosedale Marketing, these were highlighted in the British press.

https://www.thesun.co.uk/news/3952419/dozens-arrested-over-timeshare-scam-that-saw-500-brits-conned-out-of-life-savings-in-multi-million-pound-costa-del-sol-racket/?utm_source=TWITTER&utm_medium=social&utm_campaign=SprnklrSUNOrganic&UTMX=Editorial%3ATheSun%3ATwImageandlink%3AStatement%3ANews

http://www.mirror.co.uk/news/uk-news/costa-del-sol-cops-uncover-10745713

At the time we did warn about new companies that were likely to surface with stories of being appointed to contact people about money being held by the courts to pay them back. Well as usual it is happening.

Reports have surfaced about one such company, Bias Claims Services, apparently based in Mijas, Malaga. The telephone number given does seem to point to this area +34 951 203 873.

gobierno

According to the caller the case is being heard on 17 November in Madrid, which does seem strange as the raids and arrests were in Malaga. Another wonderful piece of news for the hapless victims is that the Spanish Government is covering all the costs for their legal representation. Bias Claims Services will arrange all this for you, but this will be for a cost.

As Bias Claims Services do know you had dealings with those companies involved in the raids and arrests, it would be safe to say that your details have come from those companies records. More than likely ex-employees and office managers.

It is important that if any company contacts you with a similar story, do not believe it, do your checks first, the authorities would contact you via official channels, not employ a company to do so.

In tomorrow’s article Irene Parker explains how to file a complaint, all the main points you need to get right. It also goes to explain how advocacy works and who you should file the complaint with. In this week’s Friday’s Letter from America, we welcome back Michael Kosor to our pages, in this article: Timeshare and Asset Back Security Products. This is an article that will interest many, including us in Europe as it is not something we are familiar with. So join us on Friday.

If you have been contacted by any company with an offer or claim that looks too good to be true, remember to do your homework. If you are not sure how to check them out or if they are telling the truth, contact Inside Timeshare, we will point you in the right direction. Taking time to check will ultimately save you money.

homework

airplane

The Tuesday Slot

Today Irene Parker calls on our readers in the US to join Inside Timeshare for a get together in Orlando, but first a little of the news in Europe.

 

anfi ariel view

We have been looking at the ANFI DEL MAR Public Group Facebook page, in a post and discussion started on 29 August, all does not seem well amongst the members. The post related the dire state of the accommodation, how it is falling way behind what it was when these members joined.

The complaints are also about the furniture with one member stating that the bed settee “was not fit for purpose”. This same post also complained about the bed covers curtains and furniture still the same as when the upgraded in 2007, that it is shabby and past its sell by date.

Other comments also included having to call out maintenance on several occasions for various things including a broken down jacuzzi, including falls due to slipping on leaking water. Another commentator told of water damaged kitchen cupboards, including a balcony door falling out.

So what is happening to this once wonderful resort?

We leave you to decide the answer to that little conundrum.

Now on with Irene’s little piece.

Meet Inside Timeshare in Orlando for a Meeting/Party

Heres news

Meet Charles Thomas and Lisa Ann Schreier October 11, 2017 in Orlando  

September 5, 2017

By Irene Parker

There has never been a time when the need for Advocacy in the timeshare industry has been so apparent. The evolution from fixed deeded timeshare to sometimes confusing and convoluted points programs, consumers buy in a same day sale, often after an hour’s long sales session, leaves many buyers bewildered and sometimes shocked when the product purchased doesn’t meet the product promised.

Charles Thomas will travel from Canary Islands, Spain, to join us in America as Lisa Ann Schreier and I show Charles what Orlando has to offer, and hopefully gather as many timeshare members as we can to attend an informational meeting/party October 11th.  Grassroots as always, bring your own food and beverages. Charles will be in Orlando for the week, so if you are available from October 7 to October 12, let us know. This will give us an idea on how to plan.

Charles describes himself as a former timeshare sales agent who wasn’t very good at it, refusing to give into high pressure or deception. Charles is British of Maltese descent. After a beer or two you might get Charles to talk about his family tree that dates back to William the Conqueror 1068.

 Lisa Ann Schreier is “The Timeshare Crusader.” She has been teaching and helping timeshare members since 2004.

The Timeshare Crusader is dedicated to helping consumers navigate through the myriad of confusing timeshare information as well as working with forward thinking organizations to be a catalyst for positive change. Lisa Ann is the creative force behind International Timeshare Appreciation Day, held annually on November 1, so perfect timing for a preliminary kick-off.

Lisa is author of two bestselling books, “Surviving a Timeshare Presentation…Confessions from the Sales Table” and “Timeshare Vacations for Dummies.” She also co-authored the college-level textbook, “An Introduction to Vacation Ownership Management.”

Lisa Ann’s Blog can be accessed at

http://thetimesharecrusader.blogspot.com

A little bit about Lisa Ann Schreier

Lisa Ann served as the Director of Member Services for the National Timeshare Owners Association from 2013 to January 2017. Prior to NTOA she served as Director of Communications for Celebration World Resort and most importantly, understands the industry from the inside out having worked in timeshare sales and sales management for several Orlando resorts.

Lisa Ann’s passion for the timeshare industry and the rights of the consumer fits like a hand to glove with the mission of Inside Timeshare:

Our mission is to provide you news surrounding the timeshare industry, providing you with the information and tools to make informed decisions about the companies you may wish to deal with.

Then there is me. I call myself The Peasant of Venice antithesis to The Queen of timeshare Versailles because I live in Venice and have devoted full time volunteer hours to help timeshare members, alleging they were deceived by bait and switch, prepare their request for refund, relinquishment or loan cancellation. I rely on Lisa Ann and her expertise along with several other timeshare insider advocates working behind the scenes as the member and I work toward timeshare freedom, if that is their goal.

Hat’s off also to Irene Allen and the admins of advocacy Facebook groups working towards timeshare reform. Social Media has indeed enhanced the ability for members to contact other members to share experiences and concerns.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

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

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

Join us in Orlando if you can. I have met with several of our Facebook members at resorts throughout the country. There’s nothing like meeting someone you already consider a friend face to face. Remember to contact Charles at Inside Timeshare, Lisa Ann or me if you are able to hook up with us.

party time

Thank you Irene, I am certainly looking forward to meeting you all and visiting Orlando, see you all soon.

 

monday

Start the Week: The Monday Briefing

Yes its Monday and the start of another week, over the weekend Inside Timeshare has received many more enquiries regarding companies owners have been contacted by. They range from so-called legal companies offering cancellation of contracts and the promise of possible compensation to “Lifestyle Credits”, offering massive discounts if you join their club.

On the point of cancellation of contracts and compensation, this is one area that you should be very careful of. One reader was offered this for a cost of £8000, upfront payment. The cancellation or relinquishment would be done within a year, and then a claim would be made for compensation. Only one problem here, the claim is to be done through section 75 of the credit consumer act, against his card company.

We have said this before, this will not work, the card company will argue that you have used the timeshare, therefore you have received the goods and services paid for. Mis-selling is not covered, the fact your contract may be in perpetuity is not a basis for a claim under section 75. Also why would you pay this huge amount to get out, when you may be able to do this yourself for a fraction of the cost direct with your timeshare company or resort.

credit cards

Lifestyle Credits, this is where you join a club for a huge amount of money with the promise of huge discounts on holidays and other goods. You will receive a number of “credits” which you use to pay for the goods, these may include discounts at major stores and outlets. For example, a holiday will be advertised by the company for £2,500, using ex amount of credits, the holiday will cost £1,800. Looks good on paper, but don’t forget, you have probably paid over £10,000 to join. Also do a search online, you may even find the same holiday and at a fraction of the cost.

These clubs are not regulated, they do not come under timeshare laws, so you have very little in the way of consumer rights. So remember, it may sound like a good deal, but it very rarely is.

consumer rights

Following on from Friday’s Letter from Australia, the following video has been found on youtube, it is a rather comical look at timeshare, with a very good spoof presentation. Yes you’ve guessed it, it comes from Australia. Have a look, it is one of the best timeshare videos we have seen in a long time.

https://www.youtube.com/watch?v=ICpOrsQcKT8

After publishing on Friday the following announcement was made by Canarian Legal Alliance, two of their clients have been paid out by Anfi. one for over 34,000€ the other for close to 43,000€. Again this goes against what Anfi claim, that they are not losing and people are not getting paid out. What do you believe?

CLA also announce that they have 54 new cases at the courts in Gran Canaria along with 4 new cases at the courts in Malaga. These represent a total claim value of 2,436,000€, the courts are certainly going to be busy.

Now September is upon us, we should be seeing more announcements from the courts, but also the “bogus” companies will be out in full swing. To protect yourself, do your due diligence and your homework before engaging with any company, especially in the field of claims. The promise of huge amounts in “compensation” are designed to draw you in, check and check again. If in doubt contact Inside Timeshare, we will point you in the right direction and show you how.

too good1

end month

End of August Roundup

Considering August is usually a quiet month with all the holidays, Inside Timeshare has had quite a run on articles. We began August with news on the Tauro Beach Project entitled “Tauro Beach: In the UK News”.

This followed the publication of a story in The Guardian, a UK newspaper, on the importation of the sand used to build the beach, from Western Sahara. The article by Anders Lundqvist and Rowan Bauer, two independent journalists who investigated the possible illegal importation of the sand.

They explained that if this sand did originate from the Western Sahara, which it most certainly looks like, it was against UN Resolutions and rulings from the European Court of Justice. In their article they quote the head of SEPRONA in Gran Canaria, Lt Germán Garciá who stated “The sand was brought illegally, it was discharged with no control at all,” we know this has caused concern among environmentalist on the Island, as there is a protected area just 300 meters off the beach.

gc-seprona

For the full story follow the links at the end of this article.

The following day we published the Mid Week Report, this started with the news that TATOC had truly gone as their website is no longer accessible. It was then followed with a link to The Canary News, an English language newspaper based in Gran Canaria. The Canary News article by Ed Timon, the editor, gave a very good insight into the history of Western Sahara, which was the subject of the previous article.. (Again see links below).

We also published the first article of the month from Irene Parker, from our US branch, this was to do with a lawsuit in the US by Welk Resorts against Timeshare Exit Team. This is the first in a series of articles highlighting lawsuits by timeshare developers against resale / exit companies and law firms.

Loyalty: No Such Thing in Timeshare was the title of the next article. This highlighted Timeshare Compensation’s blog on Silverpoint now known as Signallia. In this blog Timeshare Compensation warns its readers of the “dodgy” past of this company, which was very surprising indeed as the owner of Timeshare Compensation, Mark Rowe, is an ex-senior sales manager of Silverpoint and thereby employee of Robert “Bob” Trotta, as well as colleague of the CEO Mark Cushway. Told you there were some strange things in the world of timeshare!

loyalty1

In our first Friday’s Letter from America for the month, we published the article by Eron Grant, this covered the question of why does ARDA have a code of ethics? One question we have also asked of the RDO.

Once again that family of fake law firms in Tenerife came up, yes you know the ones, Litigious Abogados.

Another new contributor from the US made her debut, Bonita Hill. Her article was on the question of Diamond’s Clarity Programme, regarding the Oral Representation Clause. This was launched in response to an Assurance of Discontinuance issued by Arizona Attorney General Mark Brnovich. Diamond has stated they intend to go beyond the requirements of the AOD.

We then published “Truth, What is Truth?” This was in response to readers enquiries about Anfi denying losing any court cases. This has caused confusion among members, after all these cases have been publicised in the press, yet Anfi tell everyone it is not true! So who do you believe?

In the next Friday’s Letter from America, we published Part 4 “Our DRI Misadventures” by David Franks. He Joined our team of writers from the US, some months ago and has given us a great deal of fun. He certainly has a style of his own and is a welcome member to the team.

We then started our “Hug Your Haters! A Customer Service Message” by Irene Parker, this is based on the book Hug Your Haters by Jay Baer. He is to be a keynote speaker at the Interval International Shared Ownership Conference to be held at the Miami Beach Eden Roc Hotel October 23 – 25. Mr. Baer has advised more than 700 companies including The United Nations and 32 Fortune 500 companies.

Next came the news of a story we published last year, it involved The Manhattan Club in New York. The NY AG Eric T Schneiderman had suspended all sales at the club back in July 2014, this followed many complaints of deceitful practises. The case is now finally over, with a settlement of $6.5 million, also the owners are being forced to sell and have been barred from participating in the timeshare industry. Well done Eric, one for the consumer!

Attorny_General_Eric_T_Schneiderman
NY AG Eric T Schneiderman

Once again Karen Garello from our Timeshare Advocacy, contributed another “Secret Shopper Report”. In this article, Karen gives sound advice on the questions you should ask when going on a sales presentation. Following her advice could save a lot of problems in the future.

It was back to Europe for our next piece, this was titled “ Timeshare In the Press”. This was actually very timely as it followed on from the Truth What is Truth article, it was based on the article in the Spanish paper El Diario. It highlighted the Supreme Court rulings, mainly against the Tenerife company Silverpoint, who just like Anfi deny any cases going to court or being lost.

It also included the article published in The Canary News, based on the one from the paper La Provincia, this began with a recap of the groundbreaking first Supreme Court ruling back in March 2015. Again throwing out the claims of the timeshare industry that these are all fictitious cases.

There followed a couple more articles by Irene Parker and a Timeshare Advocate. The first highlighted the  lawsuits between developers and law firms, the second was an open letter to the timeshare industry. Whether they take any notice is another thing.

In The Monday Briefing, we again focused on the Litigious Abogados family, giving a recap on how they operate their rather sophisticated scam, but also some sound advice which if followed will protect you from becoming one of their victims.

In the same article we welcomed and wished all the best to a new forum for timeshare owners, Timeshare Users Forum. This has been set up by disgruntled members of Timeshare Talk, a previously independent forum. We won’t go into detail here, but you can read the full article.

The last article for August was Part II of Hug Your Haters: A Customer Service Message.

So that is it for August, tomorrow we don’t cross the great lake to the US, we go to the land down under, for another Letter from Australia, contributed by Justin Morgan, on the role of private equity and the secondary market in timeshare. Do join us and bring your didgeridoo!

didgeridoo

Links to some of this month’s articles.

http://insidetimeshare.com/tauro-beach-uk-news/

http://insidetimeshare.com/tauro-beach-latest-development/

https://www.theguardian.com/world/2017/jul/28/trouble-in-paradise-the-canary-island-beach-accused-of-illegally-importing-sand?CMP=share_btn_fb

http://insidetimeshare.com/loyalty-no-thing-timeshare/

http://insidetimeshare.com/truth-what-is-truth/

http://insidetimeshare.com/fridays-letter-america-15/

http://insidetimeshare.com/manhattan-club-6-5-million-settlement/

http://insidetimeshare.com/fridays-letter-america-16/

http://insidetimeshare.com/timeshare-in-the-press/

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

 

letter from america

Friday’s Letter from America

It’s Friday! Time for another Letter from America, this week one of our advocates writes an open letter to an industry advocate, Irene Parker provides the introduction, but first some news from Europe.

Those nefarious fake lawyers from Tenerife are at it again with another new twist to secure your money. This time it is from Armando Gareca Abogados, one of the new names in the Litigious Abogados family, thank goodness this reader decided to search the web before paying any money and found our articles.

armando-gareca-abogados-logo-1

This particular reader was contacted by Armando Gareca and informed that a case had been lodged with the court against their timeshare resort, not bad considering the courts are closed in August. They were informed they could become part of this case and once they paid the Procurator fees of 1,012€ the case would proceed. It all sounded very good, they were told how much they would be getting back and when they would receive it. Obviously this law firm has a crystal ball and can tell the future!

As we said the courts are closed in August, but also they have expanded their jurisdiction, the Spanish courts and these so-called Spanish lawyers now have the power to take a Greek resort to court in Spain. Not only that Spanish law is applying to a purchase made in Greece!

So just to recap, if you purchased your timeshare in Spain or any of its territories, then Spanish law will apply, if you purchased in the UK, Malta, Portugal, Greece or anywhere else in the world, then Spanish law will not apply. Also it takes at least 12 to 18 months to get a case to court, there are some lengthy procedures to go through before it gets to trial, so the promises of this particular group that the case is being heard within weeks are false.

We have also had some enquiries regarding finance for timeshare purchases arranged by the sales staff, many of these are with Barclays Partner Finance or Hitachi. Some of our readers who have been contacted by various claims companies are told that once they sign up for legal action, they will have the loan stopped and the interest repaid.

This is a false claim, the timeshare resort acted as a broker for the finance, your agreement and contract is a personal one with the finance company and nothing to do with who sold you the timeshare. If you are taking legal action against your timeshare company, the loan is a separate issue, which can only be dealt with after a successful outcome against your resort. By stopping any payments to the finance company you are then leaving yourself open to legal action by debt collectors and subsequently receiving a CCJ, or County Court Judgement. This will have a devastating effect on your ability to get any credit, even being able to get a mortgage.

So beware of many claims, these people will play on your emotions, make promises that are not there, it pays to to check and double check. Do your homework!

homework

Now we move on to this week’s Letter from America.

An Advocate’s Open Letter to an Industry Advocate

greed1

By an Advocate

Introduction by Irene Parker

August 25, 2017

The following is a letter submitted to Inside Timeshare written to a timeshare industry proponent by one of our Timeshare Advocates. The letter is in response to an article the author wrote posing the question as to whether the timeshare industry needs to look in a new direction.

The letter writer asked that he not be identified and that the title of the article not be mentioned as this was a personal letter written to the author. One thing sorely lacking is dialogue between critics and proponents of the right to use timeshare product which can be financially devastating for a family when the resort denies their release and when no secondary market exists.

Following the article I have offered comments agreeing and disagreeing with both the author of the article and the letter writer. We encourage others to weigh in.

Thank you to our Advocate reaching out to the industry. We hope he receives an answer.

QA

In your article you state, “Timeshare is definitely not a real estate investment and apart from the occasional overzealous sales associate, timeshare companies long ago stopped pitching it as such an investment.”  While I agree with your assessment that it is not an investment, I must ask, are you saying timeshares are not real estate or are not an investment?  I also read other timeshare articles you wrote. You are knowledgeable, but I believe you missed some of the key issues a potential buyer of the product needs to understand. You are not the only financial timeshare writer glossing over two important issues:

  • Timeshares have no viable secondary market,
  • The timeshare product has evolved to no interest in real property.

Consider the potential impact on the industry, or better stated, why the issues have not yet impacted the industry.

You rightly state in your article, timeshares are overpriced and there is no appreciated value in the real estate. I wish you had made it clear, that once purchased, a timeshare has no value. You must be aware of the fact that there is no viable secondary market. With little data available (the industry controls it), I find the “sale” of most timeshares on the secondary market require the seller to bring money to the transaction. That equates to a negative value.  

Recently, in an effort to avoid increasingly ugly publicity, many of the largest players are offering a “give back” or “surrender” option to older owners, not actively using or able to use their timeshare, provided the associated home facility is viable and the product is fully paid. These guys are such good sales people they have actually been successful in improving their image, offering certain members in select properties the opportunity to give back their timeshare to the developer with nothing in return other than to escape their burden. The timeshare interest they bought for $20K to often well over $100K is given up for nothing so the developer can resell as new.  

The non-viable secondary market environment is no accident. It certainly is not caused, as ARDA would have you believe, by an oversupply of inventory, or the result of advocacy groups and “sell your timeshare” type organizations that illegally prey on owners. ARDA has long acknowledged the lack of a viable secondary market and has for years committed to fix it. While out of the public eyes, ARDA does nothing, even works not so secretly against efforts to raise a secondary market.

I am sure you have read industry 10Ks. In most every 10K I have read for the past 15 years, the existence of a secondary resale market would have a significant negative impact on developer earnings. It’s no surprise the industry is active in suppressing the market to eliminate their perceived risk. I just wish our consumer protection guys, wherever they may be, would mandate the same level of discourse for the individual timeshare buyer.      

I also wish you had not implied a timeshare interest is necessarily tied to a real property interest (and again the industry should be required to disclose this to potential buyers). The classic deeded timeshare is today by far the minority of sales. Timeshare consumers buy either an interest in a “user rights” trust, not the underlying real estate, or simply buy into a timeshare “club” arguably not a timeshare at all. Many in the industry call them vacation clubs.

Please understand my criticism of your piece is meant to be constructive and more importantly, intended to spur some additional interest on your part by examining the member’s perspective. Few consumers really understand the product and/or business model. The consumer protections guys are asleep at the wheel or have no mandate/political incentive to get involved, and the industry will not speak up for fear of risking a very profitable business model born on the backs of timeshare buyers fallen victim to the oral representation clause, locked into a perpetual contract. It’s tough for the consumer or the industry to get the real picture.

Have you had a chance in the past several minutes, as you struggle through my letter, to consider my question about the implications of the issues presented?

  • No secondary market,
  • Inadequate regulation,
  • ABS markets,
  • Cash flow should the issue of a non-equity product make the light of day,  
  • Inadequate disclosure as to the lack of a secondary market.

I am right?  No?

Well, I will end now and hope you do consider the implications of what I touched on. If I have sparked any additional interest on your part I’d like to talk more. Please call or write.

Respectfully,

An Advocate

gps cartoon

I would like to add a few comments to some of the issues raised or not raised by the letter writer and the article’s author.

First, I disagree with the article’s author in his statement that only a few overzealous timeshare sales agents sell a timeshare product as an investment, as the US side of Inside Timeshare continues to receive complaints almost daily from our readers reaching out to us for assistance after they allege being sold by deceit, concealment, violation of trust and bait and switch, meeting the definition of White Collar Crime, Financial Institution Fraud. Timeshare sold as an investment, told it would be easy to resell, is still one of the top five complaints.

We always want to acknowledge sales agents and developers trying to exist in a timeshare world so ingrained in deception on the front end of the sale. The 7,000 plus timeshare members belonging to five Bluegreen and Diamond Resorts Facebooks are filled with posts concerning allegations of deceit.

Second, surrender programs are no help to the majority of timeshare members that have reached out to Inside Timeshare because these members allege they were duped into signing up for high interest rate loans and credit cards. High 25% interest rate credit cards now can pop out on site like toast out of a toaster. Multiple credit cards are often opened.

As to a secondary market, we have heralded Disney Vacation Club as a company that allows an acceptable secondary market.

http://insidetimeshare.com/mid-week-report/

This is where the letter writer and I disagree. Licensed Timeshare Resale Broker Judi Kozlowski of RE/MAX would argue Hilton also has a solid secondary market in that they don’t punish the secondary point buyer to the extent other developers do. Judi has been working the Hilton Grand Vacation timeshare resale market since the beginning of their current resale program.

“In my opinion, Hilton has the best resale market out there – the developer does not punish the resale deeded points buyer. Buyers of points on the secondary market are rewarded with the ability to join the Elite Club. They are still allowed to use the open season rates, trade internally and use RCI through Hilton.”

Third, I disagree with the letter writer in that he states ARDA has stated they want to fix the secondary market problem. I think that is old news from a 2014 RedWeek article. In recent statements, ARDA CEO Howard Nusbaum has stated timeshare is a right to use produce so members should not expect any value back. My rebuttal is that if timeshare is now defined as a country club of sorts, why is the contract perpetual? What country club is out there you can’t quit? What country club, except for the likes of Mar-a-Lago, requires an initial payment of often $50,000 or more?  What about the consumer that has turned over $50K to sometimes over $100K only to learn two weeks later they allege they were lied to as showcased in several of our Nightmare on Timeshare Street articles.

The letter writer mentioned Advocacy groups. I would like to make a distinction between real advocates and scam artists that call themselves advocates, including some law groups. We have 93 timeshare members helping other members I consider real Advocates. We also have 55 Advocates, including several attorneys and professionals, who donate their time pro bono to offer an assessment or opinion after the resort has denied the member relief.

Thank you to our letter writer and to all our Contributors. Your voice is important because one or two voices alone do not a concert make. Contact us or one of the Bluegreen or Diamond Facebook pages if you need assistance, would like to share your timeshare experience, or express your opinion.

pin up

Timeshare Advocacy Group™

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

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

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

There we have it, the end of another week and the start to what we hope will be a great weekend. Inside Timeshare thanks all those who contact us with information and enquiries, it is with your help we can bring those issues to a wider audience. Keep them coming.

Have a great weekend and join us again next week.

weekend01

law

Legal News From the US: Castle Law Group PC v Timeshare Developers

Today Irene Parker gives us an insight into one lawsuit that has made the headlines in the US, it would seem that across the great lake it is the timeshare companies that are on the legal offensive. In Europe the timeshare companies are very much on the defensive as we have seen in some of our previous articles.

Yesterday we published an article about the legal battle being waged against Silverpoint, they have stated that they will be filing a case with the High Court of Justice of the European Union, arguing that Spain has got the EU Timeshare Directives wrong.

eu court justice

Just to clarify one point on the EU Timeshare Directives, that is what they are “directives”, they are not law. A directive issued by the EU is a guide to all EU States to enact into their own domestic laws certain aspects which affect citizens. It is up to each individual state to interpret those directives as they see fit. The whole point is that each State may strengthen the directives, which is what Spain has done with their own timeshare laws, firstly with Ley 42/98 and more recently with Ley 4/12.

Directives are there to try and unify each State’s laws, especially on the matter regarding consumers rights, which the timeshare directive was intended to do. Before the timeshare directives came out, timeshare in Europe was what can only be described as lawless, timeshare companies could walk all over the consumer, there was no protection, timeshare was a new concept which nobody actually understood.

It followed an old economic system known as Laissez-faire, which has its roots in the 17th and 18th centuries, it was to be free of any government intervention, such as regulation. More recently a new term was conceived by conservative politicians and economists ‘free-market capitalism’. Timeshare has always followed this model, profit, profit and more profit at the expense of the consumer. (Again it sounds like Star Treks Ferengi).

Until laws are strengthened to the benefit of the consumer, we are going to see many more of these legal battles, be it consumer against developer or developer against law firms, the stage is set, let battle commence!

Now on with today’s article by Irene

Castle Law and Judson Phillips is Sued in Federal Court for Fraud

Orange Lake v. Castle Law Group PC

Westgate v. Castle Law Group

Diamond Resorts v. Castle Law Group

Who Next v. Castle Law Group

Speak truth

By Irene Parker

August 22, 2017

Who is Judson Phillips?

Tea Party Nation is a conservative American group considered part of the Tea Party movement.   The group was created by former Shelby County, Tennessee assistant district attorney Judson Phillips in 2009

https://en.wikipedia.org/wiki/Tea_Party_Nation

Judson Phillips Ridiculed for Wanting to Deny Others the Right to Vote

Judson Phillips, the lawyer behind Castle Law Group (Nashville), latest idea has created a hurricane size backlash against Mr. Phillips. The Castle Law Group owner believes that only property owners should have the right to vote.  Phillips seems to believe those who aren’t the elite feudal lords of property can’t be trusted to vote. Instead, they must be put back in their place as serfs, working for their lords for scraps off the feudalistic tables.

http://www.brighthub.com/money/home-buying/articles/123520.aspx

A Bright Hub reader’s response:

Yes, I am Republican but in no way would I ever want to be affiliated with any political group who deemed renters shouldn’t vote in public elections.

Who Castle Law Group is not:

http://www.castlelawgrouppa.com/

I contacted attorney Ben Hillard of the Castle Law Group P.A. in Largo, Florida a few months ago – by mistake. Mr. Hillard responded saying he thought I had his law firm confused with Castle Law Group PC of timeshare fame, law firms differentiated only by the initials P.A. and PC. Mr. Hillard would like to make it clear his firm is in no way associated with Mr. Judson Phillips or his law firm Castle Law Group PC. In a recent letter to Mr. Hillard, Mr. Phillips said his firm is considering rebranding for reasons not associated with Mr. Hillard’s concerns, the similarity in names.

Here is the Castle Law P.C. and Orange Lake Lawsuit as reported by Paul Brinkmann at the Orlando Sentinel

Orlando-based timeshare companies Westgate Resorts and Orange Lake Country Club filed nearly identical lawsuits in Orlando against Tennessee firms Castle Law and Castle Marketing. Westgate and Orange Lake accuse the Castle companies of charging some customers an upfront litigation fee of $7,500. Orange Lake said Castle filed no lawsuits for any of its owners who paid the fee; Westgate said Castle hasn’t filed lawsuits for some owners who paid the litigation fee.

A senior partner with Castle — attorney and Tea Party leader Judson Phillips — denies those allegations…. he said in an email he believes the suits are frivolous, and he and Castle have obtained good results for clients.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-timeshare-cancellation-fraud-20170618-story.html

According to a letter sent to Orange Lake attorney Brian Lower, from a Castle Law Group attorney, Castle accused Orange Lake of “gross misrepresentations regarding the terms and conditions of the Orange Lake timeshares in that they were fraudulently induced to enter into the timeshare contract and the debt instruments associated with such contracts in violation of federal and state laws.”

A letter from a lawyer like this triggers a “cease and desist” demand of all communication with the client, including collection attempts. This cease and desist letter has served as a bone of contention to timeshare developers in that a debt collector may not communicate with a consumer if the consumer is represented by an attorney or has an open Attorney General complaint, under the Fair Debt Collections Protections Act.

Among the twelve causes of action in Castle’s cease and desist letter against developers, are those our Inside Timeshare readers who have contacted us asking for help would not disagree with:

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

Castle Law Group PC is not Better Business Bureau accredited, is nonrated, and a consumer complaint warning has been posted.

https://www.bbb.org/nashville/business-reviews/timeshare-cancellation-and-litigation-attorneys/castle-law-group-pc-in-nashville-tn-37113357

According to the Castle Law website they are timeshare lawyers trusted by thousands with a 4.7 out of 5 star ranking based on 12 reviews (powered by GetFiveStars). When I reached out to the firm for comment, I was put on hold for a very long time.

https://timesharecancellation.com/

you decide

Greg Crist, CEO of the National Timeshare Owners Association was recently quoted by the Orlando Sentinel that more lawsuits against cancellation companies were likely in the works.

“Some of those cancellation companies that have been targeted by developers were actually started by their own former timeshare employees. Those folks learned how to exploit the system by learning what is called the inside track. They know how the high-pressure sales tactics work,” Crist said. “They attract timeshare owners in the same way — post cards offering a free dinner, or an evening out. They show owners how maintenance fees escalate, and literally scare the hell out of these people using calculations that are wildly inaccurate and overstated. These are not law firms but represent to have an attorney on staff, giving the illusion that there are legal services involved in the transaction. Rarely does the company even communicate with the resort and the timeshare owner doesn’t even know what is happening until it is too late. Why is that?”

Crist explained this is often due to an unqualified money back guarantee the company provides that isn’t worth the paper it’s printed on. The owner is simply lulled into a false sense of security, until they are foreclosed on and that’s when all hell breaks loose. Crist has watched this happening for years, but says the industry is making a mistake by throwing legitimate attorneys in the same mix with resale, transfer and advocacy groups.

While the NTOA is involved with educating owners, advocating for their rights and helping them engage in the product they already own, they do not sell, transfer or offer services like TPE’s do. Any timeshare member or owner can join NTOA.

https://www.ntoassoc.com/

GBUgly

The present legal climate in the timeshare world is reminiscent of the old west with summons flying like bullets back and forth across the corral. Lost in the middle is the consumer, many complaining they purchased a timeshare based on false promises. The timeshare lobby ARDA and the major timeshare developers seem determined to ignore outcries of deceit on the front end of the timeshare sale.  

All attorneys are not created equal. It seems that timeshare developers don’t want a timeshare member to ever contact any lawyer and they lump all attorneys into a kettle of frivolous lawsuit filers. Two major developers attributed their rise in default rate due to “attorneys targeting members and cease and desist letters.” As in any profession, some attorneys do have questionable business practices, but any citizen should have a right to their day in court and the legal representation that accompanies that right if they feel they were deceived into purchasing a timeshare.

One former Hyatt and Diamond Resorts sales agent described “inventory recycling” as a hamster wheel that sometimes begins with deceit and bait and switch on the front end of the sale. To date (as of August 16, 2017) Inside Timeshare has received 124 inquiries of which 110 allege they were deceived on the front end of the timeshare sale. Most have outstanding loans.

“I am asking you to look at the moon and you are staring at the end of my finger,” deceased Jesuit Priest Anthony DeMello once wrote. That’s how I feel listening to case after case from family members, often financially devastated, alleging they were deceived, sometimes just days after a rescission period. Why won’t developers take a closer look at their own house?

ethics cartoon

Contact Inside Timeshare if you have a positive or negative timeshare experience to share, through your experiences others may have a better understanding of what they are going through and see that they are not alone.

If you need any further information regarding any article published, or wish to know where you stand legally with your timeshare, Inside Timeshare is here to help. Contact us and we will point you in the right direction.

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, this week we publish Part II of Karen Garello’s Secret Shopper report, but as usual we look at what is happening in Europe.

During our daily searches of various timeshare websites and forums this particular article made us chuckle. It was published on the Travel & Leisure Group (timeshare resale) website under information and Timeshare Blog, it is an interview with Gavin Brown and his recent stay at Anfi, he is manager of the said company, obviously written by one of the employees who conducted the interview.

The piece starts out with Anfi Beach Club is known throughout the timeshare industry as a real gem”. It then goes on to describe the location, “Ideally located on a heart-shaped island in Gran Canaria”. Well straight away that brought everyone down laughing, the heart shaped island is a man made island which is situated between the beach and the marina. It does not have the room for the huge resort called Anfi! It does however have sunbeds, a cocktail bar and a restaurant. You can also hire the island for weddings, if you can afford the 12,000€ for the basic package.

heart shaped island Anfi
The heart shaped island at Anfi

It turns out that Mr Brown, who has been in the timeshare industry for years, has never owned a timeshare, (I wonder why?). Mr Brown stated that he always booked with online travel agents and package holidays, but due to sometimes being disappointed with room location and the standards of the hotels, he felt that timeshare resorts offered better standards.

Well, we can agree with that, so why did he choose Anfi? As he put it he has a great knowledge of Anfi, having sold so many resale weeks, so when “A fantastic week and apartment became available at a great price, and I couldn’t pass it up”. Although we couldn’t help wondering if he would have bought at the ridiculous prices direct from Anfi?

He then goes on with a wonderful sales pitch on how great the place is, the wonderful facilities and the great restaurants, with reasonable prices compared to other 5* resorts. Well sorry Mr Brown, but you can get even better food at even better prices by leaving the resort and heading to some of the local restaurants.

The article then ends with “If this has made you consider Anfi Beach Club, or any of the other Anfi resorts, why not call Gavin himself or one of his colleagues to discuss further”?

Could it be they have that many weeks on their books they need to do a sales drive to get rid of them?

The other point to remember is that when you buy resale you don’t get all the benefits as you would buying direct from Anfi. See the link to the previous article on Resale Vs Direct.

http://insidetimeshare.com/?s=anfi+resale

It has also been announced that ABC Lawyers Ltd, another Mark Rowe company has bought Lansdown Financial Ltd, a claims company registered with the Ministry of Justice. This is another acquisition following that of Tucola Ltd and Justice4 Ltd, Mr Rowe is certainly expanding, the question is why?

After all, his past is not what you could call squeaky clean, there has been a lot in the press and on TV about some of his past enterprises, Monster Credits springs to mind. By purchasing a company already regulated by the MoJ it does save him the problem of applying to the MoJ for authorisation, then having to pass the competence and suitability assessment, which is not a simple task.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/481751/CMR_Applications_for_Authorisation_Guidance_WEB.pdf

Going back to Anfi, although the courts are closed during the month of August, some staff are still working and issuing sentence papers from cases heard previously, this particular case was heard on 6 July. The Court of First Instance in Maspalomas awarded the former Anfi member 42,625€, again the infringement of the timeshare law was the length of the contract, being over 50 years in duration. So Anfi, do you continue to deny that you are losing in the courts?

So on with this week’s Letter from America.

Link to Karen’s first report.

http://insidetimeshare.com/works-industries-not-timeshare/

Timeshare Advocacy Group™

Secret Shopper Questions and a Secret Shopper Report

two meeting

By Karen Garello, Secret Shopper Coordinator

August 18, 2017

Inside Timeshare encourages its readers to submit positive articles about timeshare experiences, so I was relieved to have attended a positive sales presentation at The Suites at Fall Creek in Branson, Missouri. Unfortunately, the presentation was followed by a less than positive customer service experience.

My Diamond saga began when I purchased a trial Sampler program I had not realized I had purchased until I returned home and saw a $3,995 charge to a Barclaycard. Diamond would not reverse the charge.

http://insidetimeshare.com/works-industries-not-timeshare/

Trying to make the best of a bad situation, I decided to attend a presentation as this is required when purchasing a Sampler. After I returned home from a Branson presentation, I attempted to access Luxury benefits but was denied access. Luxury benefits include luxury hotels, shopping and wine. When I contacted customer services at the Sampler department, asking why I was denied access, the customer service agent put me on hold for a long time while he called Branson. After completing his “investigation” he told me the reason I could not access Luxury benefits is because Branson reported me as a “NO SHOW”!!!

Had it not been for our Diamond Resorts member supported Advocacy Facebook, I probably would not have gotten the sales agent’s name, and I certainly would not have prepared a report.

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

Admitting deceit it seemed, the customer service agent said, according to the notes during the presentation (he initially said I had not attended), I had told the sales agent TK I had complained about the unauthorized charge to purchase the Sampler. I pointed out that I had used my American Express for all the charges I made at The Suites. Customer service said they will investigate further and get back to me.

Now onto my original article

buttons

Many timeshare companies already have Secret Shopper programs. Still, it doesn’t hurt for timesharing member Secret Shoppers to evaluate for other members how near or far a timeshare sales agent ventures from his or her script.

I guess I am not that secret of a Secret Shopper in that my name is on this article, so I hope the good experience I had at Diamond ResortsThe Suites at Fall Creek in Branson, Missouri wasn’t because they were aware of my Timeshare Advocacy Group™ position, Secret Shopper Coordinator. I’d like to give them the benefit of the doubt.

My presenter was TK Armstrong. She used to work for Bluegreen but joined Diamond because she said they have more resorts. TK and I talked for about 45 minutes. I went over my Polo Towers experience. She seemed sincerely concerned. She showed me a description of CLARITY™ Diamond’s new Enhanced Quality Assurance program. She was supportive of the program and said she was going to abide by it. She went over the Sampler product I did not realize I purchased until I returned home from Polo Towers. At least I know what I bought now.

We have three new Secret Shoppers. We will not identify them because they are, well, secret. After compiling over 100 complaints from readers who have reached out to Inside Timeshare for assistance, we have determined the most popular complaints involve the following:

  • Maintenance Fee relief program that do not exist,
  • The ability to sell points or weeks when there is no secondary market,
  • The value of travel awards,
  • Misrepresenting the value of using a credit card to offset Maintenance Fees,
  • Stating a lower loan interest rate can be obtained from a bank or credit union in order to escape high timeshare loan interest rates,
  • Oversold availability

We arm our Secret Shoppers with intelligent questions that, maybe because of being on vacation brain, people forget to ask. These are questions of course that any timeshare consumer can ask, so we share them with our readers. Transparency, honesty and accuracy are rated on a scale from one to five with a five being the most honest. Results are tabulated quarterly and sent to our team for review. After we complete our pilot program, we hope to submit the data to the respective resort for review.

Suggested Questions

  • May I take notes?

Qualifications

  • How long have you worked at this resort?
  • Have you worked at other resorts?
  • What did you do before you sold timeshare?

Consumer Protections

  • May I call my lawyer to discuss your proposal?
  • May I take the contract to my room so that I can have an adequate amount of time to review such a major purchase?
  • Are you a member? May we log onto your account so I can check actual availability and value? I am spending a significant amount of money on something I have not even attempted to use.

Resale or Exit Program

  • What happens if I can no longer use or afford the timeshare?
  • If I can sell it, how can I sell it? Who do I call? Can you give me a reference?

Note: Contact a member of the Licensed Timeshare Resale Broker Association to ask about the benefits or lack of benefits buying on the resale market and to see if they will accept a listing for the timeshare you own.

http://www.licensedtimeshareresalebrokers.org/

Maintenance Fees

  • Please show me in the paperwork the cap on maintenance fee increases. How much does a maintenance fee go up on average annually? Does it go up every year?
  • Can you provide a five year history of Maintenance Fee increases?
  • Is there anything I can do to offset Maintenance Fees?
  • If I can use my points for maintenance fees, how much per point are they credited?
  • Where in the paperwork can I verify this information?
  • If I offset Maintenance Fees with credit card purchases, please provide an example of the value of a $1 purchase and how many purchases it would take to pay off my annual maintenance Fee? (One member reported it would cost over $270,000 in annual purchases to pay a $2,700 Maintenance Fee!)
  • Can I rent my timeshare to pay Maintenance Fees?

Travel awards

  • If I can use my points for hotels, what is the value per point?
  • If I can use my points for airline tickets, what is the value per point?
  • If I can use my points for a cruise, what is the value per point?

Loans

  • Where in the paperwork does it state my loan interest rate?
  • How much will I pay for the timeshare if I carry the loan for the maximum term?
  • Is there anything I can do to reduce my interest rate?
  • What is the interest and penalty if I miss a payment?

risk

If consumers must take out a loan to buy a timeshare, consider carefully the actual cost of financing a vacation at 12 to 18%. America is a buy now pay later society. I don’t think many financial planners would recommend financing a luxury item without comparison shopping. Well over half of the complaints Inside Timeshare has received involve high interest rate financing.

We hope Secret Shoppers create smart shoppers asking the right questions before plunging into a purchase so many of our readers have come to regret. Societal changes are influencing the wants and needs of today’s traveler. Are timeshares more flexible or less if you are locked into usage and maintenance fees increasing annually.

Our first Secret Shopper, Laurie Sabbagh, offered the first Timeshare Advocacy Group™ Secret Shopper report. She reported some good and not so good observations. Of merit is the warning to timeshare buyers to take the promise of travel awards a step farther and ask, “At what value?” In general consumers should buy a timeshare for its intended purpose which is to vacation at a resort. Here is Laurie’s report:

http://insidetimeshare.com/friday-review-news-across-ocean/

Contact Inside Timeshare if you have interest in becoming a Secret Shopper or would like to share a positive or negative timeshare shopping experience. There are several member supported Facebooks and websites where members can reach out to other members to share experiences. Timeshare Advocacy Group™ posts information from all sites. Our motto, courtesy of Jimi Hendrix, is –

knowledge speaks

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

Thanks to Karen for her Secret Shopper part II, also thanks to Irene as usual for the editing and coordination from the other side of the great lake. We have many more articles coming up in the next few weeks with part II of Hug Your Haters and a piece about the Castle Law Group lawsuit with Orange Lake. We will also be having another article from our Antipodean friends from the other side of the world.

So that’s it for this week, have a great weekend and we will be with you next week.

 

 friday dog

 

victory-1

Manhattan Club: $6.5 Million Settlement

It would look like the long drawn out battle between the New York State Attorney General, Eric T Schneiderman and The Manhattan Club is finally over. It was back in July 2014, that AG Schneiderman announced he had obtained a court order halting the sale of timeshares at The Manhattan Club.

As AG Schneiderman put it in July 2014 “Purchasers Duped Into Paying Tens Of Thousands Of Dollars To Become Owners; Later Denied Benefits Of Ownership In Alleged Bait-And-Switch Scam”.

https://ag.ny.gov/press-release/ag-schneiderman-announces-court-order-barring-sales-manhattan-club-timeshare-hotel

They were also subjected to ever rising maintenance fees and unable to book as there was according to the hotel “no rooms available”. It transpires that rooms were being rented out over the internet to non-owners, even though they were told it was for the exclusive use of timeshare owners. This is not an uncommon problem that timeshare owners face, we see the same practice at resorts in Europe.

As part of the settlement, the Manhattan Club owners are not only being forced to sell, they must also give up management control and will be barred from the timeshare industry. This must go out as a warning to other timeshare developers, times are changing, if the industry itself cannot improve itself, then we can see more AG’s taking up the fight on the behalf of owners.

manhatton club

It must also be said that Eric Schneiderman is only one of a hand full of Attorney General’s who actually sides with the consumer, there are many more who are in bed with the industry. This is a list of those who are on the side of the consumer:

Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance following a probe of Diamond Resorts. A settlement of $800,000 has been awarded for restitution:

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

Other Attorneys General have come down on the side of timeshare owners, including:

Colorado Attorney General Cynthia H. Coffman, as reported by Business Den reporter Amy DiPierro, concerning Highlands Resorts in Colorado and Sedona Pines in Arizona:

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

Tennessee Attorney General Herbert Slatery III settled with Festiva timeshare for $3 million:

https://www.tn.gov/attorneygeneral/news/38312

One AG that is conspicuous by her absence is the Florida AG Pam Bondi.

http://insidetimeshare.com/news-across-pond/

Others that need to be congratulated are the following coalition that worked with the Manhattan Club Independent Owners Group and the NYAG,  they are: NTOA, RedWeek, Sharket and Attorney Douglas Wasser. This goes to prove that by working together nothing is impossible.

Images from meetings of the Manhattan Club Independent Owners Group

image1 image3 image4

Follow the original article by Alison Fox published in amNEWYORK

am new york

http://www.amny.com/real-estate/the-manhattan-club-settlement-includes-6-5-million-in-restitution-ag-says-1.14048559

Article by Inside Timeshare’s  Irene Parker originally published in TheStreet back in September 2016

thestreet

https://www.thestreet.com/story/13653117/2/the-timeshare-industry-has-improved-its-reputation-but-still-faces-scrutiny.html

In Europe we are seeing Spain leading the way for timeshare consumers, the Spanish Supreme Court has now made 57 rulings against the industry, this is unprecedented. This has been largely due to the efforts of one law firm, Canarian Legal Alliance who continue to make Spanish legal history and help consumers to gain justice.

If the timeshare industry is to continue and prosper, it must take note and change the way it sells the product. The owner / member should be the priority, not huge profits for the sake of profit, (could they be the Ferengi from Star Trek)?

ferengi_profit_by_aweswanky-d5du6p4
Timeshare Developer

We have said this before, timeshare is a great concept, it does provide quality resorts, it does suit some, but it also becomes a burden to others.

Inside Timeshare welcomes your comments, if you have a story to share or just want information or advice, contact us and we will try to give you the best answers possible.

 

 

 

6-pillars-with-text 1

A Customer Service Message

Customer service is the provision of service to customers before, during and after a purchase. The perception of success of such interactions is dependent on employees

“who can adjust themselves to the personality of the guest”.

Today we publish another article by Irene Parker, this is entitled Hug Your Haters! A Customer Service Message. It is a look at Jay Baer’s book of the same title, which will be available at most airport bookstores through September. Irene already has her copy, Forbes has an article reviewing the book written by Shep Hyken:

https://www.forbes.com/sites/shephyken/2016/02/20/love-your-customers-hug-your-haters/#6c2d2bfa1573

But first some other news.

It has been announced that RCI the timeshare exchange company,which is part of part of Wyndham Worldwide, is set to take over the Australian exchange company DAE, Dial An Exchange. This has been an independent exchange program for many years, it is popular for one simple reason, there are no annual membership fees. Owners only pay when they make an exchange, which does seem to be the fairest method, as you may pay a membership fee and never actually use it every year.

Obviously with the link to RCI, it may be that will benefit those who use DAE, as it should increase the number of resorts available to them. Many owners in the UK like the DAE system as they were rather disappointed with RCI and the annual fees on top of their ever increasing maintenance charges.

According to RCI, DAE will still be a stand alone company, with no interference from RCI, the questions is for how long?

Since the article Truth, What is Truth , was published last Thursday, Inside Timeshare has been receiving many more enquiries from confused Anfi members. It would appear that Anfi has stepped up its campaign to spread the falsehood that they are not losing cases at the Lower Courts or the Supreme Court, by contacting members and laying the seeds of doubt. What must be remembered is the simple fact these cases are public record and can easily be verified. Somehow Inside Timeshare gets the feeling that not is all well at Anfi, from our sources there may just be a rather important announcement about to be made. We will keep you informed as and when news becomes available.

Truth, What is Truth?

Next week in our Tuesday article we will be looking at the flurry of lawsuits being brought against timeshare attorneys in the US, Irene again gives the US, along with her own view on this subject. It does look as though the timeshare industry on both sides of the great lake are on the offensive.

So now to Irene’s latest contribution.

Hug Your Haters! A Customer Service Message

A timely message and a needed customer service handbook

catdog

http://www.jaybaer.com/hug-your-haters/

By Irene Parker

August 15, 2017

Hug Your Haters was written before the violence that took place in Charlottesville, Virginia over this past weekend. The event was planned by white supremacy demonstrators. I was trained by a financial planner from Trinidad. He shared with me this story about knocking on the door of a white man. When the man opened the door he took a hard look at my mentor and said, “I shoot black people.” My mentor responded, “I’m not black. I’m from Trinidad.” After a second hard look this white supremacist laughed and said, “You want a beer?”

No matter the color of skin, the amount of wealth you possess, or your determination to make a sale, people are people. Even kings interacted with peasants. Jay Baer’s book could not be timelier. Communication is the key, author Jay Baer asserts. Inside Timeshare agrees.

New York Times bestselling author Jay Baer is to be the keynote speaker at the Interval International Shared Ownership Conference to be held at the Miami Beach Eden Roc Hotel October 23 – 25. Mr. Baer has advised more than 700 companies including The United Nations and 32 Fortune 500 companies.

https://www.regonline.com/builder/site/Default.aspx?EventID=1951406

The title of Mr. Baer’s book, Hug Your Haters, is also the title of his keynote speech that he will deliver to developers, investment bankers, private equity firms and other capital investment firms.

Our Timeshare Advocates are hopeful, as the only response our 400 plus member supported Diamond Resort Advocacy Facebook group has ever received from Diamond was from one brave sales agent who joined the group. Basically, his conclusion was that we are irresponsible whiners unwilling to fulfill our obligations. He ultimately had to be removed for driving away already financially shattered members.

In preparation for Mr. Baer’s keynote address, I have invited him to join our Facebook hoping he may be our bridge to communication. He would at least be provided a microcosm of timeshare comments and complaints to study. I don’t know if I would call us Haters. I think seekers of accountability and transparency describe us better.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

We are not alone. DRIP is a website launched by over 1,000 British members trying to find a way out of their timeshare contracts.

http://drip.enjin.com/

A Club Intrawest Owners Group Facebook has over 3,400 members

https://www.facebook.com/Club-Intrawest-Owners-Group-921012087982547/

A recently launched Gold Key Diamond acquired resort Facebook

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

Acquired resorts are on a campaign to reach out to other members in an effort to convince owners not to give up their deed in exchange for non-deeded right to use points.

Eight hundred Bluegreen members call this Facebook Bluegreen Class Action

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

Wyndham lost a whistleblower lawsuit when a jury awarded former Wyndham sales agent Trish Williams $20 million. Ms. Williams mentions TAFT days – tell them any fxxx thing to sell points on slow sales days.

https://dolanlawfirm.com/2016/11/wyndham-vacation-whistleblower-verdict/

hater

I could go on, but clearly Mr. Baer has his work cut out for him.

The timeshare lobby organization ARDA will be quick to point out that 83% of 9,000,000 timeshare owners are happy with their timeshare. Mr. Baer I’m sure will be quick to point out that the 1.15 million who responded they are not happy with their timeshare should not be ignored, even on social media sites. Mr. Baer’s primary thesis is:

Haters are not your problem…..

Ignoring them is.

In his book, Mr. Baer goes on to say that choosing to stay silent speaks volumes. Not responding is a response that says “I don’t care about you.” He talks about how it is psychologically difficult to engage with Haters, especially when they shine a giant spotlight on their perception of your shortcomings.

It’s not all gloom and doom though, at least not for Disney owners. We published this article analyzing why Disney has so few Haters.

http://insidetimeshare.com/lesson-timeshare-companies/

As far as us chalking us up as disgruntled grumblers that don’t know how to use our points properly, here is one of our Advocates offering his analysis, previously published as a stand-alone article, why the timeshare industry has so many Haters;

It appears the industry has long depended on “self-regulation”. It has not done a great job of that but there have always been just enough companies that seem to try and deliver a quality product and quality customer experience at the same time they balance trying to make a healthy profit.

I think of a brand like Disney first and foremost. Also while I know a company like Marriott has their critics, in all my years traveling and staying at their hotel and timeshare properties I always got the impression they were serious about fulfilling their fiduciary responsibilities and providing top shelf customer service and a quality customer experience. I am sure there are other good examples.

In the past, the actions of the bad eggs of the industry (the industry’s worst examples), the negative impact was always minimal and able to be managed before it metastasized. But the potential problem as I see it is that in the last decade it appears what may be described as large predatory financial engineering companies almost “posing” as timeshare companies have risen and aggressively worked every loophole and non-regulation to their own advantage and now are probably guilty of gross violations of their fiduciary responsibility to their customers / owners. These companies have created vast fortunes for a very small network of individuals at the top of the pyramid.

Ironically though, and looking at historical examples from other industries, it is these very companies likely to bring the whole industry into the national spotlight and to its knees eventually. Some of these appear to have walked to the edge of doing that already.

As these quasi financial engineering / timesharing companies become increasingly more brazen in chasing profits by any means possible, raising fees rapidly at the same time they are reducing owner benefits, due to their increased sheer size the public outcry will likely increase and just the odds of random probability suggests there will be a “Gotcha” moment or event that will bring increased scrutiny and increased legislation.

If the good timeshare companies try to ignore what the bad ones are doing, they may find someday that their systems and profits and share prices are negatively impacted by the future regulations forced on the industry from the egregious actions of the bad actors in their industry.

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We will continue our discussion in a Part II Hug Your Haters article examining two of the eleven points Mr. Baer said customer service professionals will learn by reading Hug Your Haters.  

The two types of Haters and what they want from you when they complain.

Why you need to answer every complaint, in every channel, every time.

Finally, why am I so critical?

It all started when my husband and I attended a pathetically aggressive sales presentation, lied to in order to get us to attend. We had not been happy with availability so in no way were we going to purchase more vacation points. We make due but, like many others, we feel we were oversold on availability.

Next, I learned when we tried to sell our points, because our contract said we could, not one member of the 64 member Licensed Timeshare Resale Broker Association will accept a Diamond Resort listing, although they will accept virtually all major competitor listings.

http://www.licensedtimeshareresalebrokers.org/

As I started publishing articles for TheStreet, Jim Cramer’s Mad Money Investment News Service and then Inside Timeshare, I began to hear from timeshare Haters the world over, including the Philippines and Australia. Families allege they were sold by deceit and bait and switch. To date I have heard from 114 families of which 101 would fall into the Hater category. The others were simply seeking how to go about relinquishing their timeshare.

You can Hug Your Haters all day long but if a timeshare company violates their trust and respect by siding with the sales agent over the customer when the customer knows what they were promised and what was not delivered, Hugs won’t help. Change will.

As our online information site Timeshare Advocacy Group ™ states,

Knowledge Speaks, Wisdom Listens (Jimi Hendrix)

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

This certainly looks a very interesting book and I personally will be looking out for a copy, thanks again to Irene for her insight into this subject, with part two being published next week. Maybe, just maybe, the industry will take note of this.

Over the next few weeks we have some very interesting articles in the pipeline, with one article giving the results of our Timeshare Advocacy Group and the results achieved so far.

If you have any comments on any article published or need any help and advice on any timeshare related matter, contact Inside Timeshare and we will point you in the right direction. Inside Timeshare is committed to giving you the facts and not fake news.

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, we continue with another chapter from our traveling writer David Franks, this week it is entitled Miami Vise, edited by Irene Parker. But as usual we begin with some news from Europe.

eu news

Back in May Inside Timeshare reported on some very nasty events in Tenerife, this involved the former Wimpy resort Los Claveles, which was subject to a management buyout by Ivan Pengelly in 1998. Over the years the resorts operated by Wimpen (Wimpy Pengelly) had very good relationships with the owners and the owners committee, this all changed when Pengelly sold out to the Ona Group. (see previous articles).

But there may just be a glimmer of hope on the horizon, it was announced this week that the arbitration process has completed and a judgement has been made. It is in total favour of the owners committee, that the Ona Group, Wimpen and the FNTC, are all in the wrong. The owners committee is legally constituted and has all the rights to run the resort. This means everything must be handed over to the committee, that Wimpen (Ona Group) have no right to collect or demand maintenance fees.

It now just needs to be seen if these companies comply with the Arbitrator, if not the committee will then have to resort to the Spanish Courts to enforce the judgement. We wish them all the very best and hope that this sorry tale will be over very soon. More on this as and when new information comes in.

http://insidetimeshare.com/los-claveles-return-bad-days-timeshare-tenerife/

http://insidetimeshare.com/los-claveles-battle-goes/

http://insidetimeshare.com/horror-weekend-los-claveles/

Now for some news which is proving to be rather disturbing.

Justice4 the claims company owned by Lee Roy Pallister, which went bust recently but re-emerged as Hello Consulting and Tucola Ltd, with his wife as named director, has been taken over. Could this be good news for all those clients who paid Justice4?

Unfortunately that may not be the case, the take over is by ABC Lawyers, yes, you did read that correctly. Mark Rowe of Monster credits, Hollywood Marketing and Jive Hippo fame is now owner of the former Justice4!

http://insidetimeshare.com/monster-credits-associated-companies-summary/

Loyalty: No Such Thing in Timeshare

The TCA (Timeshare Consumers Association) whole heartedly endorse this, not surprising considering the TCA is also owned by Mark Rowe.

What also has to be remembered is Mark Rowe was at one time a senior sales manager for Resort Properties / Silverpoint under Mark Cushway, now look at the history of that company! Also Lee Roy Pallister is another ex-timeshare salesman. We leave it up to you the reader to decide what the implications of this will be. We think we already know what they are likely to be!

Yesterday Inside Timeshare published an article about Anfi, just after publication, news came in of a sentence which had been issued by the court, it would seem that even though it is August some people are still working.

Another loss for Anfi, at the moment we do not know the infringements ruled upon, but it is more than likely the usual, either perpetuity, floating weeks or points. In this case the ex-member has been awarded 37,224€ plus the legal fees and the court also awarded back all maintenance fees that had been paid.

Do you still believe what Anfi say, that they are not losing any court cases?

Now on with this week’s Letter from America

Our DRI Misadventures

Chapter Four: Miami Vise

miami

By David Franks

August 11, 2017

For background, you might wish to read the first three chapters:

Chapter 1: Vegas, Baby! — http://insidetimeshare.com/fridays-letter-america-5/

Chapter 2: Missouri Loves Company — http://insidetimeshare.com/fridays-letter-america-10/

Chapter 3: Stand Back. These People are Professionals  —http://insidetimeshare.com/fridays-letter-america-12/

(You might not. The annoyance is epical.)

April 2016 arrived. Never mind the showers; my lovely wife and I were going on a Diamond Resorts International Dream Holiday to Miami, Florida and the western Caribbean!

We started the adventure on Tuesday, April 5. I shall note at the outset that it was road and bridge construction, not DRI that turned the drive to the airport into a slightly mobile parking lot.  XNA in Bentonville, Arkansas is a lovely little airport.  It is expensive to fly in and out of XNA, but the cost was covered in the Dream Vacation package.  Score two for DRI.  Keeping their intervention to a minimum works wonders.

We arrived in Miami without incident, unless changing planes at the Houston airport is an incident. We made our way to the Penguin Hotel in Miami Beach, a nice old place on Ocean Drive in the historic South Beach Art Deco District. We had selected the hotel because of its age, and because it was possible (though not easy – see Chapter Three) to get an ocean-view room.

We arrived at the hotel to find that we did not have a room there. Somebody from DRI had decided to “upgrade” us to a brand-new room in the President Villa, a newly-remodeled building. We talked to a couple of hotel managers, met a couple more concierges, and confirmed that our reservation for an ocean-view room was in underlined capital letters in their reservation book.  Having been made aware of their faux pas, the helpful DRI people attempted to mollify us with a $100 certificate for dinner at a rather nice little bistro (double the regular value of $50). We were not mollified, but we accepted the certificate.

Unfortunately, we would not be able to have the favor of their “upgrade” corrected immediately, as there were no rooms available in the Penguin until the next day. So, guided by a helpful DRI minion, we excursed from the Penguin along a dismal alley route to the President Villa, a former office building next to the President Hotel on Collins Avenue. The conversion to residential use was not impressive. Our room was so awkwardly designed as to be uncomfortable; the bathroom would not have been even adequate for a modern resort guest. The ocean view I had struggled to get was of course not available, and the slight smell of fresh paint was no compensation. When we compared the President Villa to the Crescent Resort – and even to the dinged-up but charming Penguin – we felt that we were being treated as second-class guests.

On the other hand, the President Villa – despite its lack of accoutrements consistent with a nice hotel – did offer, under the same roof, exotic car rentals and the services of a psychic/fortuneteller.

gypsy

While we were unable to see the ocean, we were able to see from our window an endless stream of people taking selfies standing next to or sitting in Ferraris and Lamborghinis, presumably with permission.  We declined the opportunity to have a tarot reading, as we already suspected that our future with DRI was not becoming less bleak.

We trundled back over to the Penguin the next morning and took possession of our ocean-view room in time to attend a luncheon provided by DRI prior to a mandatory “buyer update” meeting that afternoon.  The luncheon, set up in the lobby of the Penguin, was actually rather pleasant (DRI managed to not interfere), and we met a few Diamond Resorts members who made a good show of not seeming like victims.

We eight or so members then went next door to the Crescent Resort and up to the penthouse, where over the course of a couple of hours we were told a couple of things that started out interesting but have since turned out to not be true: that, as Gold and Platinum members, we would be receiving a tablet computer preloaded with DRI-related software, which would enhance our owner experience; and that DRI was looking at adjusting maintenance fees based on actual resort usage, which would reduce some members’ fees (“Like ours?” I asked. “Like yours,” they said) because there’s no need to pay so much to maintain facilities one doesn’t use. Oddly enough, they didn’t try to get us to buy more membership, but they did make us stand around on the roof deck for quite some time for no apparent reason.  Particularly given the lack of veracity of the “buyer update”, we would have been better off using the afternoon thus occupied for sightseeing instead.

[Note from Irene: Maybe they read Chapters 1, 2 and 3?]

Our only interaction with a DRI concierge as such was an attempt to find the nearest Walgreens where we could get a prescription filled. He didn’t know, and he guessed wrong.

We had a good time during the remainder of our stay in Miami Beach. We had a nice bus tour, visited Calle Ocho, and enjoyed the meal at the bistro, which ended up costing a little over $100. The Penguin is a perfectly good hotel if your expectations are in line with what an old hotel has to offer. The room was fine – its ocean view was just as good as from a newer hotel – and its cafe provided a good breakfast. As it turned out, we were not charged for the upgrade to an ocean-view room. I hope the Penguin didn’t end up eating a loss caused by DRI’s interference.

group

Important points this week:

  • Although I will not attribute the change in our room reservation to malice or perversity (but what’s left?), I will note that I had explained at some length our interest in the Penguin as a historic hotel as well as our interest in an ocean-view room to everybody I talked to, and our reservation had been emphatically logged.  Calling the change an “upgrade” was a little perverse, however.
  • The Crescent Resort is a DRI property. The Penguin Hotel and the President Hotel are “Club Affiliated” properties.  DRI does not mention the President Villa at all; apparently they prefer to surprise unsuspecting guests with it.
  • Renovation tip: never hire DRI to oversee or approve of a building makeover.
  • Except for the meddling in Miami – which was the only real opportunity DRI had to screw things up –  the Dream Holiday, once underway, went well, despite the fact that it involved a seven-day Carnival cruise (which, apparently amazingly, came with an ocean-view stateroom).  My lovely wife and I thought the Dream Holiday was a good value at 7,500 points, and we saw no need for DRI to misrepresent the potential retail value of the hotel room.
  • Subsequent mentions of the tablet computers and the purported maintenance-fee adjustment to DRI customer service indicated that DRI had never discussed them with the front people at all.  Upon escalating the issues, it turned out that the tablets were supposedly an inducement for brand-new members, rather than an amenity for existing members.  One of the people I talked to said it sounded like I should get a tablet, and he would check into the matter and get back to me. (He never did.)  Based on several reactions at escalated levels of customer service, the supposed maintenance-fee adjustment was a total fabrication.
  • More concierges!  (DRI seems to be a tad lenient in bestowing the title of “concierge”, if my understanding of the office is correct.)

plane

Well, there you have it. David Franks, our intrepid travel writer, is safely back home no doubt planning his next Diamond adventure. Contact Inside Timeshare if you would like to share your Airbnb, Diamond, Bluegreen or Wyndham travel experiences. Canadian postings tell us Diamond is allowing some users to use their Diamond points to book AirBnb. As they say, if you can’t lick them, join them. More on that as we investigate further.

Contact Inside Timeshare or Diamond and Bluegreen member supported Facebooks if you would like to become an Inside Timeshare contributor.

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

This Bluegreen Facebook page of 1,670 members, Sales Team Reviews & Update/Sales Presentation Experience, is for the benefit of the members, corporate Bluegreen personnel and sales agents working towards a more honest and transparent sales process.

https://www.facebook.com/groups/1718664518412381/

This Bluegreen Facebook page seems to be a sort of self-help Facebook for members helping members.

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

So there it is, the end to another week, Inside Timeshare again thanks all contributors to the articles, we also thank those who have sent in details on their dealings with some of the companies that have featured. Without that information it would be difficult to give you the facts.

Have a great weekend and join us again next week for more news and truthful facts on the murky world of timeshare.

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