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The Tuesday Slot from Canada

Today’s article from Canada by Patrick Cormier is about Intrawest sales practices to Club Intrawest members.  The complaint in the lawsuit concerns the immediate and extreme devaluation of points after purchase from the developer, providing little to no resale value. Diamond Resorts acquired Intrawest Resorts in 2015 and continues the practices leading to this devaluation.

https://www.businesswire.com/news/home/20160129005913/en/Diamond-Resorts-International-Completes-Acquisition-Intrawest-Resort

Diamond Resort members in the US have learned their points are virtually worthless on resale. Many Inside Timeshare readers tell us they have been told points would be easy to resell and points will increase in value. In response to one of our reader complaints, a Diamond Vice President’s response was, “We’re not responsible for anything our sales agents say.”

This is the very reason Inside Timeshare is so important and why every timeshare member needs to be an advocate, reaching out to the general public to warn the general public that timeshares official position in several companies seems to be, “We’re not responsible for anything a sales agent says.” This is indeed a green light to lie. With little to no enforcement of timeshare regulation, timeshare sales and marketing fraud continues unchecked.

https://www.citheownersgroup.org/

Following on from yesterday’s article where we identified the genuine lawyers from their photographs used by the “FAKE” Legalidades Abogados, we have now identified another three from the previous “FAKE LAW FIRM” Manuel Hidualdo Abogados article published in March, both of these are from the Litigious Abogados family of “Fake firms”.

http://insidetimeshare.com/thursday-roundup/

manuel selando hidualdo

The first is the “founder” of the firm, Manuel Selando Hidualdo, the actual person is:

Miguel Ángel Pardo Falcón

Graduado Social Diplomado (1988/1990).

Colegiado nº 924 por el C.O.G.S.S. dese 1993.

Of Bolonia Abogados based at the following address:

Avenida San Francisco Javier, 24, 9ª, 12 – Edificio Sevilla I – 41018 Sevilla

https://boloniaabogados.com/quienes-somos-en-bolonia-abogados/

francisco fralja sobanem

The second one named as Francisco Fralja Sobanem on the “fake” website is in fact a Mexican lawyer called Angel Prieto, who owns his own law practice on the Yucatan Peninsula

Av. Sunyaxchen lotes 56 y 57

Sm 24, Mz 28

Edificio Siglo XXI oficina 209

Cancún, QR

México 77509

+52 (998) 251-7010

http://www.angelprieto.com/attorneys.html

emilio derlanta cantelar

Our third identification is named as Emilio Derlanta Cantelar, but is actually a US Lawyer named David J. Winer, from the law firm Winer & Winer, based at:

Law Offices of Winer & Winer

9 N County St. #100

Waukegan, IL 60085

Tel: (847) 336-9111

Fax: (847) 336-4182

http://winerlawoffice.com/attorneys/david-winer/

Obviously these gentlemen have no idea that their images are being used for fraudulent purposes, well they will do now!

We shall be keeping an eye open for the next incarnation that they come up with, we will also identify any other photo of their so called lawyers with the genuine person.

Now on with our Tuesday article from Canada.

quebec

Quebec Superior Court Authorizes Class Action against Intrawest

Intrawest ULC owns, operates, and manages mountain and beach destination resorts in North America and Europe. The company also manages heli-skiing operations, and golf and beach resort clubs. In additions, it provides resort real estate sales and marketing services for various destinations; rental management services at various resort locations; and vacation reservation services with information on accommodations, air and ground transportation, destination, virtual tours, vacation guides, activities, entertainment, and places to dine. Further, Intrawest ULC engages in real estate development operations. Intrawest ULC was incorporated in 1979 and is headquartered in Vancouver, Canada.

https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=361001

April 10, 2018

PATRICK CORMIER·TUESDAY, MARCH 20, 2018

https://www.citheownersgroup.org/class-action

On March 20th, 2018, the Superior Court of Quebec released a decision by Hon. Anne Jacob certifying a class action to proceed against Intrawest ULC. The full text of the decision is available here (available in French only). What follows is a summary of key information.

What has been authorized by the court? A lawsuit in reduction of price paid to Intrawest UCL, compensatory damages and punitive damages in relation to alleged illicit sales practice in relation to becoming a Club Intrawest member and to fees that were allegedly not disclosed at the time of purchase.

Who are the potential class members?

Potential class members are individuals that have purchased points directly from Intrawest in Quebec, with the exception of such individuals having sold their points before 2007. So, if you purchased your points from the developer in Quebec and have not sold those points before 2007, you currently stand to be eligible.

What does it mean for a class to be certified? It means that Martin Robichaud will be allowed to proceed in his suit against Intrawest as a representative of a larger class of individuals. Should he be successful, it means that the remedy obtained by him will also be available to similarly eligible class members. By certifying this class action, it means the court believed the four following conditions were met:

  1. The factual context of members is identical, similar or connected.
  2. Allegations appear to justify the remedy sought.
  3. The composition of the class would not make it practical for individual members to individually or jointly sue the defendant.
  4. The representative member (Mr Robichaud in this case) can ensure adequate representation of other members.

What are the facts underpinning this case?

Mr Robichaud’s case is in relation to the purchase of 160 points for a total price of Cdn$30,560 in 2009. At the time, Mr Robichaud (like so many of us) believed, according to the explanations offered at the time of sale, that should he wish to re-sell at a later time, he would essentially recoup his investment. There was also the purchase of 300 additional points on the secondary market also in 2009.

In 2014, five years after the initial purchase, he asked about the repurchase program. He was also informed at that time about the need to sell his points to another member with a minimal price per point failing which there would be no Extraordinary Escape (EE) privileges attached to the points sold.

The circumstances under which Mr Robichaud attempted to sell his points or have the points repurchased led him to believe the 160 points he originally purchased had been severally devalued because of undisclosed facts at the time of purchase and subsequent decisions and actions by Intrawest ULC.

What are the issues raised in this class action?

Mr Robichaud is asking the court to answer many important questions, including:

  • Has Intrawest used prohibited sales practices? Should this be the case, should Intrawest be reimbursing members or should members be entitled to a reduction in the price paid?
  • Should members be entitled to punitive damages because of their alleged breach of the Consumer Protection Act (Québec)?
  • Should members be dispensed from paying annual fees because they do not own the properties?

What is the remedy sought by this class action?

Mr Robichaud believes the points have been devalued by approx 75% because several keys facts were not disclosed to him in accordance with the Consumer Protection Act of Quebec. He also believes he should not have paid the annual fees. He therefore asks the court:

  • A 75% refund of the price paid in relation to the original purchase of 160 points from Intrawest ULC;
  • 100% of the annual fees paid to date for all points;
  • Punitive damages ($5,000).

What are the next steps of this class action?

There are a few additional minor procedural steps before the case fully proceeds. The Volunteers Coordinating Committee (VCC) will keep the Club Intrawest Owners Group (CIOG) posted as details are known to us. We have a good relationship with Mr Robichaud and are already supporting him, for example, by sharing aggregate member survey information.

What are the next steps of the VCC?

We welcome this highly sought after decision as a key milestone that will significantly influence and inform the refinement of our legal strategy. Broadly speaking, the major areas of further analysis are:

  • Assuming the case of Mr Robichaud succeeds, how could the remedy be extended to purchases of points outside of Quebec?
  • Develop a fully informed legal analysis, taking into account the Robichaud class action and its repercussions, and table options to the membership in the form of proposals at a first AGM of the future Embarc Owners Association, a new association in the process of being created by the VCC.

Stay vacationed, but stay aware!

Patrick Cormier, B.Sc., B.C.L./LL.B., CD VCC Team Leader

Related articles:  Club Intrawest v. CanadaMust Pay Millions in GST Back Taxes

Club Intrawest (Embarc)Timeshare

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

https://www.businesswire.com/news/home/20151125005060/en/Diamond-Resorts-International-Acquire-Intrawest-Resort-Club

Thank you Patrick for your contribution, this does show that timeshare owners / members the world over are being subjected to some very dubious practices, we are all in this together, it is only through articles such as this will we ever see any change.

If you have any questions or comments about this or any article published, contact Inside Timeshare through our contact page.

For those readers in Europe, if you have been contacted by a law firm from Tenerife that tells you your timeshare resort / company is being taken to court and you can be in on the action, please do let us know, especially if it sounds like one of those we have been highlighting.

It is through your information that we can research and report as to the legitimacy of these companies, warning others to beware. Remember to do your homework, it will save you in the end.

homework1

Lagalidades Abogados: Update on Fake Lawyers Names

In last Friday’s Letter from America, we began with another new name in the family of “fake” law firms that started with Litigious Abogados, this one is called Legalidades Abogados.

Friday’s Letter from America

legalidades-abogados-logo

Civil Law

 

Over the weekend one of our regular readers informed Inside Timeshare that one of the photographs of the new lawyers was familiar to him, he also provided a name. On investigating the name provided it turns out the pictured lawyer is one:

Dr DR. ABELARDO ENCINAS SILVA, an eminent lawyer in Peru on Constitutional law, sitting on the CÁTEDRA DE DERECHO CONSTITUCIONAL GENERAL, (CHAIR OF GENERAL CONSTITUTIONAL LAW).

pablo-Ibernas-cavosa-legalidades-abogados-300x201
Photo from the Legalidades Website
Dr Abelardo Encinas Silva
The Genuine Dr Abelardo Encinas Silva

 

 

 

 

 

 

Below are a couple of links showing Dr Abelardo:

http://drencinascatedra.blogspot.com.es/2015/12/

https://www.youtube.com/watch?v=n93jdSQTO80

Since finding this out Inside Timeshare has identified the other photographs that Legalidades Abogados have downloaded from the internet and posted in their website with new fictitious names.

The next one is a Chilean lawyer Gabriel Palma Cruzat is a member of Palma Abogados.

gabriel-lindeno-miraldo-203x300

http://www.elmercurio.com/legal/noticias/opinion/2018/01/09/prevencion-de-delitos-en-las-empresas.aspx?disp=1

http://www.capital.cl/capital-legal/2018/01/04/146883/el-balance-de-la-ley-de-responsabilidad-de-personas-juridicas/

As you can see from the links above he is also a prominent lawyer.

Last but by no means least we have these three lawyers all from the Law firm Bufete Rodreguez-Monsalve, with offices at the following locations:

Madrid, Valladolid and Las Palmas de Gran Canaria, and abroad, with offices in Miami, Warsaw, Bogota, Lima, Kiev and Moscow.

bufete660-k57C-U212994882737HpF-575x323@Norte Castilla
The genuine lawyers

Below are links to their website and a newspaper article about their new office published in El Norte de Castilla:

http://www.rodriguez-monsalve.com/es/

http://www.elnortedecastilla.es/valladolid/201703/23/resuelve-dudas-juridicas-nuevo-20170323125458.html

This leaves us in no doubt that Legalidades Abogados are truly a “fake law firm” not only forging legal court documents, illegally using official logos, but also using the photographs of some prominent lawyers.

It now makes us wonder what other lawyers have had their photographs used in this way on the other websites involved with this fraudulent outfit, Inside Timeshare will obviously now be continuing with the research and trying to identify those on the other websites. We will keep you informed.

If you have been contacted by this firm or one of those we have previously highlighted, do not take any notice of anything they say, do not pay them any money, you will only lose it. For further information contact Inside Timeshare.

watching

Friday’s Letter from America

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

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

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

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

legalidades-abogados-logo

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

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

Freephone: 0800 862 0995

Tenerife Tel: 0034 822 250 502

email: [email protected]

email: [email protected]

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

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

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

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

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

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

 

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

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

Now for this week’s Letter from America.

The Timeshare Tax Trap – A 1099 Loan Forgiveness Tax Liability

$170,000 Diamond Timeshare Points Purchased for no Reason

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

Tax Time

By Irene Parker

April 6, 2018

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

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

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

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

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for the maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

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

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

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

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

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

An excerpt from Mike’s article:

Loan forgiveness

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

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

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

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

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

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

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

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

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

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

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

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

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

Respectfully provided,

Michael D. Finn, Esq.

Michael-D-Finn2

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

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

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

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

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

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

https://tug2.com/Home.aspx

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

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

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

Deceptive

Elder Abuse:

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

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

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

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

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

weekend 1

TESS Allegations: Here are the Facts

As we mentioned yesterday, TESS and David Cox are at it again, bringing false allegations against Inside Timeshare and Canarian Legal Alliance. Using allegations made by a very dubious and discredited source called Alberto Garcia. He even uses links to the Daily Mail to corroborate his allegations, the information given to the Daily Mail was supplied by Garcia himself.

Alberto Garcia was at one time employed as head of the enforcement program for the RDO (Resorts Development Organisation), he ran a blog site purporting to be a consumer association called Mindtimeshare. This was funded by the RDO and Alberto Garcia had the task of destroying any company that was not a member of the RDO, or who threatened the industry financially.

It is well documented that Garcia himself had a personal vendetta against Eugen Kaiser and any company he had dealings with. This did culminate in a raid by the Policia Nacional on Club Puerto Atlantico and other offices in 2013. This raid was in organised and instigated by Garcia, using his old contacts at the Policia Nacional, where he was once an inspector.

Eighteen lawyers were accused of being part of a criminal gang, within days of the arrests it was up before a judge at the court in Las Palmas. This judge ruled that the warrants for the raid, which incidentally did not appear until hours after the raid took place, were illegal and so the raid, arrests and seizure of property was also illegal.

It is also fact that this judge had also sat on cases brought by the lawyers of CLA against the timeshare industry. He ordered a full investigation into the facts of the raid and Garcia disappeared. Eventually, several senior police officers faced charges for collaborating with Garcia on an illegal operation.

No charges were ever brought against Eugen Kaiser, Paula Beatson the lawyers or any of the staff that were detained. In fact they all made official denuncias against Garcia, Mindtimeshare and the authorities. Alberto Garcia was forced to step down as director of Mindtimeshare and the enforcement program in early 2017, the RDO did not renew funding for Mindtimeshare in April 2017.

As for David Cox’s allegations that all the cases are false, below are links to the Jurisprudencia website, where you will see the official sentences for 5 of the 99 Supreme Court rulings brought by lawyers of Canarian Legal Alliance on behalf of their clients: (Note: to use these links you will need to register free on the website, right click open in new window, go to Usario in top right and register, this can be done either through Google + Facebook or linkedin, you can also register with a user name and add password).

Silverpoint Supreme Court link

https://www.iberley.es/jurisprudencia/sentencia-civil-n-431-2017-ts-sala-civil-sec-1-rec-2634-2015-10-07-2017-47716369?term=431%2F2017&year=&tipo_sentencia=&query=431%2F2017+AND+%28club+la+costa%29&filtrar%5B0%5D=club+la+costa&noIndex

https://www.iberley.es/jurisprudencia/sentencia-civil-n-133-2018-ts-sala-civil-sec-1-rec-2670-2016-07-03-2018-47813194?term=tribunal+supremo+sala+la+civil+133%2F2018&query=tribunal+supremo+sala+la+civil+133%2F2018&noIndex

https://www.iberley.es/jurisprudencia/sentencia-civil-n-121-2018-ts-sala-civil-sec-1-rec-1192-2016-07-03-2018-47813261?term=tribunal+supremo+sala+la+civil+121%2F2018&query=tribunal+supremo+sala+la+civil+121%2F2018&noIndex

Puerto Calma Supreme Court link

https://www.iberley.es/jurisprudencia/sentencia-civil-n-131-2018-ts-sala-civil-sec-1-rec-382-2016-07-03-2018-47813179?term=tribunal+supremo+sala+la+civil+131%2F2018&query=tribunal+supremo+sala+la+civil+131%2F2018&noIndex

Anfi

https://www.iberley.es/jurisprudencia/sentencia-civil-n-633-2016-ts-sala-civil-sec-1-rec-2627-2014-25-10-2016-47624792?term=tribunal+supremo+sala+la+civil+633%2F2016&query=tribunal+supremo+sala+la+civil+633%2F2016&noIndex

Below are three PDF’s of sentence reports sent to the lawyers and clients from the Supreme Court.

98.2 data protected Silverpoint (sea)

99.2 data protected Silverpoint (pau)

100.2 data protected Puerto Calma (rus)

You will see the names of three lawyers on these documents:

MIGUEL ÁNGEL MELIÁN SANTANA [Nº3552 ICALPA ]

ÓSCAR SALVADOR SANTANA GONZÁLEZ [Nº 3563 ICALPA]

MIGUEL RODRIGUEZ CEBALLOS [Nº 2814 ICALPA]

All three can be found on the CLA website under lawyers.

https://www.canarianlegalalliance.com/lawyers/

By using the link below you can check on the official register of lawyers by using their ICALPA number and selecting Las Palmas as the Collegio, the press BUSCAR. This will bring up the lawyers name, by clicking on the name, you will then find address, telephone number, date of admittance to the college or Alata Colegiación and the date of renewal.

http://www.abogacia.es/servicios-abogacia/censo-de-letrados/

This should leave you in no doubt that David Cox’s allegations are false.

As for myself and my website Inside Timeshare, I did state yesterday that I do have a very good working relationship with Canarian Legal Alliance, in fact one of the lawyers is dealing with a legal dispute with a bank for my partner.

I do undertake work for them on behalf of their clients, this usually involves finding the information on companies they have paid to carry out services such as relinquishments, resales, fraudulent claims companies and bogus holiday clubs. This then helps them to instigate section 75 claims for their clients, on many occasions this has been done by Inside Timeshare free of any charge, not even a success fee! Can TESS say the same?

As for David Cox, well below is a PDF of all the companies he has been involved with, this has been taken from Company House Records:

David Andrew COX – Personal Appointments

It should also be remembered that when he was running the TCA, that website even recommended CLA as one of the best law firms to engage. This all went by the board the moment he asked CLA to pay him for the recommendation. It was obvious that he needed money, as the TCA website at the time was even asking people to make donations!

It is also understood he even went to Gran Canaria to meet with CLA and was put up in the Club Puerto Atlantico Hotel, as guest with no charge to himself. This meeting was to try and do a deal for TESS to pass on clients to CLA regarding claims for Spanish Timeshares. From reports by those that saw him, he seemed to spend most of the time inebriated!

DavidCox

Although I do personally undertake work for CLA, Inside Timeshare is an independent voice for timeshare owners, CLA has no influence on the articles published, they are either from my research or are personal opinions. All the articles published from Canada, The Philippines, Australia and most importantly from America are submitted by readers in those countries, bringing the timeshare community worldwide together.

So Mr Cox, your time is coming, my lawyer is preparing a case against you and no doubt so is CLA.

Our regular readers are those we have helped, again free of any charge, they know the truth. Inside Timeshare is still being asked for help from desperate owners not knowing who to trust, With your allegations you have shown that you and your company TESS are in the category of not to be trusted.

Hope to see you in court soon.

 

The Tuesday Slot with Irene

Welcome back, we hope you all had a good Easter Weekend, this week’s Tuesday Slot is from a new contributor Greg Guisti, edited as usual by Irene Parker. But first a little news from Europe.

As you know TESS and the proverbial diatribe writings of David Cox have been having a knock at Inside Timeshare and also Canarian Legal Alliance, well he’s at it again with even more of his malicious and unproven statements.

Also Inside Timeshare is proud to have a good working relationship with CLA, they continually provide updates on court proceedings, Inside Timeshare also provides them with the evidence to help their clients who have dealt with fraudulent companies. A very good case in point is Litigious Abogados, the fake law firms in Tenerife, it is the evidence provided by Inside Timeshare that resulted in CLA issuing the decuncia to the authorities in February 2017.

denuncia
For emlargement of the denuncia right click and open link in new tab.

This time he is taking it to a new level, in fact it has now become one that he has left himself completely proven a liar, yes I did say LIAR!

In his recent rantings he has attributed two quotes to myself, which he obviously has made up as they were never been written by me. We would love to know where he found it, obviously it must be his medication making him hallucinate!

“I was a ‘cold caller’ who made uninvited and intrusive calls to consumers for the purposes of getting them to engage with what I now know to be, criminal timeshare salesman”.

“Having served my time roping in clients who faced aggressive selling practices and unethical practices I was happy to move up the corporate ladder to become a Front-line timeshare salesman in what I know to be a criminal timeshare selling scam”.

Well for those of you who know my writing style, it is definitely not mine.

To be honest, it looks like a script for a new Netflix series, or is he changing career (yet again), this time as the speech writer and “FAKE NEWS” editor for a politician in an upcoming election?

Anyway, these pages must be doing a good job if it is upsetting him so much, our readers Mr Cox, (the name is apt), are still behind us because they know what we have published is the truth. Many of them have been helped to get out of their timeshares, to get their money back through section 75 and just to let you know, unlike you and your company Inside Timeshare has never charged any of them. In fact it has even refused donations from grateful readers!

More on this to come, but back to matters that actually are more important, our article from our latest US contributor.

St Maarten

St. Maarten, Board Elections and Resort Reconstruction

Diamond Resorts

Diamond International will hold their Annual Meeting for the Flamingo Beach Resort owners on Thursday, April 19, 2018 at 12:00 p.m. Eastern Standard Time at Mystic Dunes Resort and Golf Club

Greg Guisti  Flamingo Beach Resort Board Candidate Gregory (Greg) Guisti

April 3, 2018

By Greg Guisti

I, Greg Guisti, age 67, am a Connecticut resident and a board candidate for the Flamingo Beach Resort in St. Maarten. I retired in 2016 having worked for IBM 21 years, ending my career as an account executive. I had total responsibility for technical service which was provided by service areas all over the world. In addition, my responsibilities also included meeting budget, sales and customer satisfaction targets. My success stems from my drive for excellence, listening to client needs. Having been an IBM customer for years, I understood customer expectations.

Timeshare members and owners have an expectation of what a good timeshare should be. I want to share my knowledge and experience as a timeshare owner of five difference resorts, while bringing my professional background to the table. Given the damage done to the island, members are entitled to good communication and feedback as to how repair efforts are proceeding. St. Maarten will take some time to rebuild, so now more than ever timeshare members need a customer orientated member to serve as your pipeline for communication.

Diamond International will hold their Annual Meeting for the Flamingo Beach Resort owners on Thursday, April 19, 2018 at 12:00 p.m. Eastern Standard Time at Mystic Dunes Resort and Golf Club, 7600 Mystic Dunes Lane, Celebration, Florida. At this time voting for a member on the Board of Directors will be held. If you cannot attend you can cast your ballot thru the online proxy voting website they provide. All proxies must be submitted by Thursday, April 12, 2018 at 5 p.m. Eastern Time.

I encourage Flamingo Beach Club Timeshare Owners to cast their vote. Obviously I would appreciate your consideration of my qualifications by casting your vote for me, but more importantly, let your voice be heard by voting, rather than leave your interest in the hands and discretion of an existing board.

There is only one opening. Other candidates include:

Incumbent Dorothy Albero

Dee Dee Metzcher Carr

Jerry Luby

Christiane Marie-Catherine

Mike Skillingstad

Dr. Basil Vareldzis

Scott Williams

The timeshare industry is evolving towards the points based product, but I am not alone in treasuring my deeded week at St. Maarten, a week that I know will not be an annual battle for availability. It is important for deeded week owners to have their voice heard as we protect the real estate investment we own. We can say we are owners, not just members.  

As to the effects of hurricane damage, rebuilding is going to be a difficult process. It is tough getting workers and materials. I own at Simpson Bay Resort and Mullet Towers on the Dutch side of the island. Restoration is underway at both resorts but the hurricane damage was so bad at Simpson Bay Resort, they have to tear down a couple of their buildings and are not going to rebuild. All owners at those buildings were given the option to walk away or accept points.

I am currently in St. Maarten, wanting to show my support by coming to the island to support their economy. While here I spoke with Mervin LeBlanc, General Manager of the Flamingo and Royal Palm. The Flamingo has multiple buildings. Mr. LeBlanc said they are in the stages of gutting all units, a necessary step to prevent mold. Mr. LeBlanc said it’s going to take a couple years, but I see it happening. Members and owners are going to get their St. Maarten vacation back.  

Diamond has waived maintenance fees at the Flamingo for 2018 but Mr. LeBlanc did not comment on Royal Palm maintenance fees. I am not certain if Royal Palm members will have to pay maintenance fees. There will be no bookings at either resort until 2020.

Diamond provided this update:

March 2018: The initial demolition phase is underway and moving along smoothly. Crews are removing debris and content from each unit, and wire fencing has been installed around the resort to secure the property as a construction site.

https://www.diamondresorts.com/destinations/property/Flamingo-Beach-Resort

For more information, contact:

Gregory Guisti

[email protected]

203-519-8258

Thank you Greg and also to Irene for her usual hard work in getting contributors articles ready for publication.

Remember, do your homework before engaging with any company, not all are genuine, if you require any help in making these checks contact Inside Timeshare and we will point you in the right direction.

Friday’s Letter from America

Welcome to the Easter edition of Friday’s Letter from America, by Joshua Parker, Sheila Brust and Richard Sokolowski, edited by Irene Parker.

Just as we were getting this ready to publish, Josh has been informed by the Florida Timeshare Division, they will be initiating a new investigation into his complaint. Josh and Nicole’s first complaint that they were told their Diamond points are an investment and easily sold, had been closed. They are now expecting twins and cannot afford the timeshare, Josh is a combat veteran who has seen service in Iraq. So at least some good news before we start.

Normally we have a roundup of news from Europe, but that was published yesterday, so straight on with our Letter from America.

Timeshare is a Highly Regulated Product?

Earth to ARDA Part II

Another Open Letter to ARDA CEO Howard Nusbaum

Robert Clements, Lobbyist and General Counsel

Peter Roth, ARDA media

By Joshua Parker, Sheilah Brust and Richard Sokolowski

March 30, 2018  

consumer1

From: American Resort Development Association’s Code of Ethics:

According to ARDA’s website – “Vacation Ownership is one of the most highly regulated vacation products in today’s consumer marketplace.”  

Diamond Resort members Sheilah Brust, Joshua Parker, and Richard Sokolowski have learned there is no timeshare regulation and there is no timeshare enforcement for us. We have been filing complaints with every regulatory agency known to an American citizen and all we get is a passing of the buck to another department or agency. In addition, we have been given some ludicrous advice from regulators that are clearly out of touch with timeshare consumer reality.

Sadly, we agree with Eron and Irene. We think ARDA’s Code of Ethics is meaningless. Like Eron and Irene, we are professionals.

Sheilah Brust: Worked for the New York Governor’s Office of Employee Relations

My experience speaking with an FBI agent and what I learned about the process    

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

Josh Parker: Army combat veteran, Sergeant

http://insidetimeshare.com/fridays-letter-america-41/

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

Richard Sokolowski: Arizona Real Estate

Earth to ARDA by Eron Grant and Irene Parker – Part I

http://insidetimeshare.com/fridays-letter-america-40/

Eron’s YouTube https://www.youtube.com/watch?v=-FMk_45zRzk&feature=youtu.be

Sheilah Brust: So far the only light on the horizon is the FBI. Through Social Media members are talking to other members. No one doubts there are those who use and enjoy their Diamond points. I enjoyed my Diamond points as a Platinum member until we were pitched a program that does not exist. We weren’t confused. The numbers were easy to understand. Gad and Noreen Liebmann are enjoying their retirement by protesting outside Diamond’s Daytona Beach Regency Resort. We were both up-sold by the same Diamond sales agent, Brad Leslie, the same program that does not exist, and still Diamond will not listen.

Protest

According to Facebook postings, the FBI has been responsive and agrees our allegations constitute fraud – deceit, concealment, violation of trust, bait and switch. In our opinion, Diamond, in effect, endorses and approves of these tactics by maintaining the position the customer is always wrong. Hospitality agents from the Diamond Resorts Consumer Advocacy Department automatically respond, “Sorry you signed a contract” and the emailing of your initials on fine print rewards bad behavior with a commission check.  

Josh: I was advised by Hector Tapininge at the Florida Department of Business Practice and Regulation DBPR to call a member of the Licensed Timeshare Resale Broker Association.

http://www.licensedtimeshareresalebrokers.org/

Like Sheilah, I learned licensed timeshare resale agents won’t even accept a Diamond listing feeling the resale market for Diamond points is non-existent. I almost signed up with a scam until finding our Advocacy Facebook.

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

When I informed my reviewer that licensed resale brokers won’t accept a Diamond listing; he said he was aware of this. In other words, send the consumer on a wild goose chase that often leads Diamond members into the nets of scams.

How many timeshare buyers knew they were buying a lifelong timeshare product that could not be sold? As a veteran, I can tell you no service member would ever buy an unsellable asset. The Diamond contract states you can sell your points. Since you are dealing with a licensed real estate agent, it is logical to assume the timeshare can be sold, especially since we were told Diamond points are an investment.

Given so little enforcement and regulation, our mission is to reach the general public to make sure they know they are spending thousands of dollars, signing a perpetual contract, with rising maintenances fees and no secondary market.

Veterans, Active Duty military and law enforcement and government workers are encouraged to support Whistleblowers of America, a nonprofit in Washington DC that seeks justice.

https://whistleblowersofamerica.org/

Sheilah: I was contacted by Mr. Alan Parkinson, Bureau Chief for the Bureau of Mediation & Enforcement, Division of Consumer Services.

Mr. Parkinson recommended I contact DBPR, the same Florida Department of Business Practices and Regulation Josh contacted. We saw how much good that did with the response Josh received. I will follow up and we will all continue to report on our progress or lack of. I too spoke with licensed resale brokers. I was told even timeshare companies that do allow a secondary market; the net to the consumer is often negative after commission. I was told I could list a deeded week I own, but it would end up costing me money to get rid of it. Consumers defrauded, are left with a perpetual contract, rising maintenance fees and no secondary market. It’s a recipe for disaster.

Richard Sokolowski: I tried to file a complaint against Diamond Resorts with the Nevada Attorney General’s office. They won’t do anything if I did not buy from a Nevada sales agent. I can’t believe a consumer complaint can’t be filed against a company headquartered in Nevada.

I was also told to contact an attorney. Diamond is the only major timeshare with a class action ban, forcing arbitration. Arbitration is known to be pro-industry. Diamond hires the arbitrator. If the arbitrator rules against the member, the member can be ordered to pay Diamond’s legal fees; and that amount can be higher than the disputed amount. Besides, Diamond has armies of lawyers and outside law firms. They can outspend the average citizen. I’ve talked to lawyers. Getting a lawyer will do nothing to stop predatory and criminal business practices.

Sheilah: According to Josh, this response from the Florida Bureau of Mediation & Enforcement is useless.

Ms. Brust,

By way of introduction, my name is Alan Parkinson and I am the Bureau Chief for the Bureau of Mediation & Enforcement, Division of Consumer Services.  I have received your concerns and would like to take a minute to respond.

The Florida Department of Business and Professional Regulation has a Timeshare and Condominium division that can likely address many of your concerns regarding the sales practices and issues you have with Diamond Resorts.  If your issue is with the purchase and contract for the timeshare, they would be the appropriate agency to speak with. You can contact them through the link below:

http://www.myfloridalicense.com/dbpr/  

 

If your issue is outside of those parameters then you may consider filing a complaint with us so that we can reach out to them and asked that they address your concerns.

www.floridaconsumerhelp.com  

If you any questions please feel free to contact me directly.

Alan Parkinson

Comment from Irene

The Florida timeshare division only acted on 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014, in contrast with the Arizona Attorney General’s office that opened an investigation after receiving 400 DRI complaints and, according to a source, received 500 additional complaints after the press release. The AZ AG has issued an Assurance of Discontinuance, accusing the company of violating the Arizona Consumer Fraud Act. Diamond did not admit wrongdoing.

From Eron’s March 9 article:

Inside Timeshare will be following Platinum Diamond members Roy and Lillian Simmons as they make their way through Vacation Ownership’s highly regulated industry. Mr. and Mrs. Simmons are worried about losing their home, up-sold at age 69 and 70 to $2,700 a month in timeshare loan payments. They live on Mr. Simmons letter carrier pension.   

Roy and Teresa Mori, Mr. Mori a recipient of two Purple Hearts, remains devastated. Based on the response daughter Teresa Laird reported to us from a hospitality agent working for Diamond Resorts Consumer Advocacy Department, the company doesn’t care if sales agents have allegedly ruined their lives. “Sorry, you signed a contract” after being sold 17,000 MORE points over the phone by a Las Vegas company representative after daughter Teresa called to explain the Sampler or trial product should be cancelled. In the middle of her archeology thesis, she is making signs to protest outside Diamond’s Polo Towers.  

In response to a draft sent for comment, Josh received this response from DBPR:

Josh’s responses to Ahmed Y. Kassoo  are in bold

Thank you for contacting the division regarding your concerns. Please note that the division is not authorized to comment on or give its opinion of or approve any articles written by any individual which he or she intends to publish in any form including at various websites or in other publications.

I understand.

Since the division does not regulate the operations of real estate brokers, we are not aware of their criteria with regards to offering real estate listing and marketing services.  As a courtesy and for information purposes only, we provide the web site information of licensed real estate brokers (LTRBA) who specialize in selling timeshare interests and vacation club membership in Florida.  We neither recommend nor endorse a particular broker.

I understand, but why is nothing done about Diamond sales agents allegedly selling vacation points as an investment, yet the points are worthless the moment the contract is signed, should the buyer need to sell. LTRBA members will accept a listing for any major timeshare EXCEPT Diamond Resort, so not only is there no resale value when they are selling the points as an investment, they are the only major timeshare company that can’t be listed with them. Our Diamond Advocacy Facebook of over 1,100 members is flooded with similar complaints, the BBB has over 1,000 complaints and the AZ AG received over 900 complaints, yet the Florida AG timeshare division sends you to LTRBA? Can you see how frustrating this is? Not only is there no regulation or enforcement, Diamond victims are sent on a wild goose chase.     

Please note that it is always safe to employ a licensed real estate broker who are prohibited from collecting advance fee for listing the timeshare for rent or sale, except when permitted by law, and who are strictly regulated by the state.

What does this have to do with Diamond members if the LTRBA members won’t list their points? They feel Diamond has restricted the use of points purchased on the secondary market to the point it does not exist; it’s a hamster wheel 1. Lie to sell 2. Force foreclosure (I know of over 30 active duty and retired military and law enforcement alleging they were defrauded by Diamond, Bluegreen and Vacation Village, seven are concerned they are going to lose their Security Clearance, one lost his air unit command) 3. Take back the points 4. Resell to the next victim. With so little enforcement or regulation, there is nothing to stop timeshare sales agents from using and abusing the oral representation clause.    

If they cannot help the owners, they will let them know upfront and will not waste their time and money to advertise their properties which they know are not marketable. They will not give a false hope unless they are sure they can sell the timeshare.  Despite your statement that “resale market is nonexistent”, please note that timeshare interests do sell in the secondary market, however, buyers are selective and only buy those timeshares which they consider to be in high demand at choice locations. Therefore, it is not true that the timeshare resale market is non-existent.  If it was, these brokers won’t be able to survive.

One of them told Shielah they survive because they get paid a commission even when the seller ends up with a net loss. We don’t hold that against them, but that’s how they survive.  

An owner is free to select any entity to market his/her timeshare interest or club membership.  However, based on the history of complaints we have received, we have learned that many owners have been burned by the individual and entities who take their money and run without providing the promised services based on false and misleading claims.

Exactly, I rest my case. The industry is the cause of the scams because desperate consumers who feel, know, they were defrauded, are easy prey for professional liars.  

I hope this information was helpful

No, I’m sorry. It was of no help. It is my opinion the reason there is so little enforcement and regulation is because Florida Attorney General Pam Bondi is influenced by the timeshare PAC ARDA. I will be researching through FOIA how much money she has received in campaign contributions and other means.    

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

If you have any other question or concern, feel free to contact us at your convenience. Thank you for giving us an opportunity to address your concerns.

Thank you. I would like to speak with you. My wife and I have been defrauded. I am a combat veteran, 90% disabled. My wife is pregnant with twins. We bought this because we were told it was an investment and that the points could be easily sold. I know many other members who would appreciate your help, like Eron, Sheila Richard and Gad mentioned in the article.

How many consumers need to contact DBPR to convince DBPR some timeshare sales agents in Florida are engaging in criminal practices?  Irene said Bluegreen has as many complaints as Diamond, but they have their own Advocacy Facebook.

Josh Parker

If you are having a timeshare nightmare, contact our Facebook or one of the non-industry influenced, self-help Facebooks and website listed below.

star

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

https://tug2.com/Home.aspx

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

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

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

Thank you to all our contributors and we hope we see more positive results in the weeks ahead. If you would like to share your story with others, contact Inside Timeshare.

We wish you all a very Happy Easter and don’t eat all the eggs in one go!

easter egg

Thursday Roundup

It was only a matter of time before another new name appeared in the “fake” lawyers family of Litigious Abogados, this one is called Manuel Hidualdo Abogados.

Home

 

manuel-hidualdo-logo

The website apart from a new logo is exactly the same as all the others, although they did seem to get the opening line wrong on this one, it states that  “Our company was founded Monday 26th July 1990 by Manuel Selando Hidualdo”, that date in 1990 was in fact a Thursday, not quite attention to detail there!

manuel selando hidualdo
Manuel Selando Hidualdo

On the website which was registered 16 January 2018, only a few months ago, they still maintain they have had 15 years presence on the internet, strange how we have never come across them before?

It also shows some new photographs of the lawyers with new names, which once again are very strange names indeed, with a play on some of the older ones. Obviously the photographs of the lawyers are just downloaded from the internet, which you find when searching images of lawyers.

emilio derlanta cantelar
Emilio Derlanta Cantelar
francisco fralja sobanem
Francisco Fralja Sobanem
placido lisbares lomen
Placido Lisbares Lomen

The address is one we have seen before on the website for Abogados Canarias:

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

Again a search on Google street view shows the address is genuine but again, according to the two plaques on the wall for the Abogados that reside there are not this one. So do those genuine lawyers know their address is once again being used by this fake firm?

They give two telephone numbers:

Freephone: 0800 802 1746

Tenerife Tel: 0034 822 685 013

The email addresses given are again not linked to the website but are for consultant.com, which as we know is just another free email address provider.

email: [email protected]

email: [email protected]

Obviously the scenario is going to be the same as before, timeshare owners will be cold called with the wonderful news that their timeshare resort / company is about to be taken to court, and for a small fee, probably around £1000 they can be part of the court case. This money will probably have to be paid to another fake Procurador via bank transfer. As yet we don’t have a name for this individual, but no doubt another great name will emerge.

Then in a few weeks, the lucky owner will receive notification that the director of the resort / company has once again pleaded guilty, with the court now holding many thousands of pounds just waiting to be sent to them. Obviously, there will be a tax and fees to be paid before this can be released. Along with this good news, the owner will receive a forged court document and a photocopy of the cheque with their name and the amount they will receive. We wonder if it will be on a Banesto cheque?

Once again Inside Timeshare warns its readers this is an elaborate and sophisticated fraud, designed to strip you out of thousands of pounds. Do not be taken in by this, you did not instigate these legal proceedings so you have not got any money being held by the court.

If you are contacted by this firm or any other with a similar story, then contact Inside Timeshare, all your information will go to help others.

Returning to the TESS, David Cox and Mark Rowe story, Praetorian Legal have published a warning about Mark Rowe on their website. As we reported recently Praetorian Legal have been subjected to many attacks by TESS and Mark Rowe’s TCA (Timeshare Consumer Association).

These two organisations have been vehemently attacking anyone who speaks out about them, Inside Timeshare and Canarian Legal Alliance have also been attacked. Obviously these attacks are to take the heat away from them, we know that Mark Rowe and his companies are being investigated by the Regional Organised Crime Unit of Avon & Somerset Police. Must be very serious for this unit to be involved. The question is are TESS and David Cox also being investigated, after all Cox did have a contract with Rowe?

Read the Praetorian Legal post below:

https://www.praetorianlegal.com/warning-mark-rowe-owner-timeshare-consumer-association-monster-rewards-companies/

Just to rub it in to David Cox, who believes that the “victories” Canarian Legal Alliance have had in the Supreme Court are not “real”, CLA announced another two rulings from Spain’s Highest Court along with another 9 from the Courts of First Instance and High Courts.

First we start with the two Supreme Court rulings, these are numbers 98 and 99, they involve two timeshare operations, Silverpoint in Tenerife and Tasolan in Gran Canaria.

Once again both contracts declared null and void, with over 165,000€ being returned to the clients by the court.

There were four First Instance rulings against ANFI Del Mar and Silverpoint, resulting in over 114,000€ being returned along with the contracts being declared null and void.

The five High Court sentences were once again against Anfi and Silverpoint, with over 145,000€ having to be returned, contracts were also declared null and void.

So Mr Cox, if you still believe these are not real, show your evidence.

Just to finish, one of our regular readers and internet searchers sent us a link which is rather comical, it is from Timeshare.lawyer, another Mark Rowe company linked with ABC Lawyers. In this piece titled “The Scandal Around Loans for Timeshare Purchases”, it goes on about the loan agreements arranged by timeshare sales staff for the purchase of timeshares.

It is the third paragraph which made us laugh,

“What’s even more disturbing is that, in many cases, those unscrupulous timeshare sales staff have provided false information on the finance documents in order to get them approved. When assessing the finance documents, people have found that their income had been entered incorrectly, and furthermore, the loan had been granted for ‘home improvements’ – not timeshare! This is fraud, committed by the sales staff and inculcating the signees without their knowledge.”

https://www.timeshare.lawyer/loans-for-timeshare-purchases/

Hang on a minute, did this not happen to hundreds of Resort Properties / Silverpoint clients during Mark Rowe’s watch as “Sales Director”?

Well we know it did as there are High Court (London) actions against Barclays Partner Finance brought by Stewarts Law and Edwin Coe, for loan agreements arranged by sales staff on behalf of Resort Properties / Silverpoint clients.

Now it would appear his company is going after the banks, in the article they go on about Shawbrook Bank setting aside £9 million for loans which have been incorrectly approved, with the Finance Director resigning after the news broke, this is a little out of date as Inside Timeshare published that story in July 2016 within days of it being made public:

http://insidetimeshare.com/shawbrook-bank-announce-irregularities-timeshare-loans-similar-activities-usa/

So there we have it, nothing surprises us in the world of timeshare, there is always something going on.

If you have any questions on this article or just need some information about any company that has contacted you, get in touch with Inside Timeshare through our contact page and we will provide you with details on how to check them.

homework

The Tuesday Slot with Irene

Welcome to the Tuesday Slot with our very own Irene Parker, this week Irene explains the Diamond Resorts Owners Advocacy Facebook and what it stands for. Since its inception it has been growing its membership base on a daily basis, it is also becoming an influential force in US timeshare. But first a quick look at some news in Europe.

The UK news has been dominated recently by the death of a former Russian double agent and links to the murder of another Russian Businessman, but what has this to do with timeshare I hear you ask?

Well, according to the Daily Express and a story they published on Friday 23 March, police are also re-examining the murder of John “Goldfinger” Palmer, who many of you will remember from the Brinks Mat bullion robbery, but most of all for his timeshare empire in Tenerife.

John Palmer was found dead at his Essex home in June 2015, but it was not until around a week later they discovered he had been shot. According to the Express police are looking into his international associates, especially his connection with money laundering for a former associate of the Russian President. So the story of John Palmer continues, see link below for the Express story.

https://www.express.co.uk/news/uk/936107/Russians-kill-John-Palmer-British-gangster-linked-Boris-Berezovsky-death-re-examined#

Once again Inside Timeshare warns readers of the fake law firms and claims companies that keep springing up. As always the call tells the owner their timeshare resort / company has been taken to court or are about to be taken to court, that there is a significant amount of money being held and just waiting to be paid out to them.

The next step is to have this money released, there is usually a tax that has to be paid to the court, or even that you need to get a Spanish NIE number, which they can get for you, obviously for a fee. Most of the time the money has to be paid by bank transfer to an account of a named individual. Don’t pay it!

If you are paying “tax” or costs for a service, you would not be paying into the account of a named person, would it not be the tax office, court or a named company?

Remember, once you have paid by bank transfer, the money will have disappeared and you will never get it back. Now for this weeks article from Irene.

What is the Diamond Resorts Owners Advocacy Facebook About?

advocate 1

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/

By Irene Parker

March 27, 2018

A Comment on gun violence in America

There were a lot of voices being heard throughout America this past weekend, teens voicing their feelings about gun violence. Whether you are for or against their position, one can’t help but admire their courage, determination and persistence.

https://www.washingtonpost.com/local/march-for-our-lives-huge-crowds-gather-for-rally-against-gun-violence-in-nations-capital/2018/03/24/4121b100-2f7d-11e8-b0b0-f706877db618_story.html?utm_term=.6143e61d44d4

You can succumb to being a victim or you can use your experience to foster a greater good. Charles Thomas and I have listened to 366 US timeshare members express their anger since we began counting late 2016. We have received 101 US Diamond member complaints since January 1. Many of the families are outraged alleging they were sold by sales agents employing deceitful bait and switch tactics. Many members have been helped, but only after endless rebuttals, regulatory and law enforcement filings, and media outreach. Still, any timeshare company can just say no, knowing there is little timeshare regulation or enforcement.    

Inside Timeshare supports families through the 180 day foreclosure process. The vast majority of those going through this painful process are responsible citizens who have rarely been late paying a bill. The timeshare contract is perpetual, there is virtually no secondary market. There are DRI Facebooks that have some exchange of Diamond points from member to member. Families in foreclosure:

Deneice Vargas: http://insidetimeshare.com/fridays-letter-america-21/

Amanda and George Jones: http://insidetimeshare.com/tuesday-slot-irene-3/

Scotty Black: http://insidetimeshare.com/fridays-letter-america-36/

Greg Jennings: http://insidetimeshare.com/tuesday-slot-irene-15/

Roy Simmons: http://insidetimeshare.com/tuesday-slot-irene-13/

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

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

Josh Parker: http://insidetimeshare.com/fridays-letter-america-41/

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

There are several others facing foreclosure who have not published an article. Three of the above are concerned about losing their Military/Law Enforcement Security Clearance. Four are disabled veterans, two 90% to 100% disabled.

Diamond Resorts has been responding to member complaints. About 100 of the 345 DRI complaints have been resolved through relinquishment, loan cancellation, refund or foreclosure. http://insidetimeshare.com/fridays-letter-america-37/

One advocacy silver lining is that members foreclosed do not have to sign a non-disclosure agreement. Like America’s teens raising their voices demanding change, foreclosed members can remain outfront and vocal advocates.

What the Diamond Resort Owners Advocacy Facebook is not:

The Diamond Resorts Owners Advocacy Facebook is not a complaint site. If members join only to express displeasure, they are better served by posting on Trustpilot or Tripadvisor. While venting may make a person feel better, ranting on a complaint site will do nothing to change what we feel are predatory and criminal business practices, as defined by the FBI. Sheilah Brust wrote this article about her experience reporting her complaint to the FBI. Sheilah can now advise others. Sheila has not signed a non-disclosure agreement. http://insidetimeshare.com/tuesday-slot-irene-14/

There has been no response from ARDA challenging their Code of Ethics. Timeshare members need to research what the “Voluntary ARDA ROC “donation” is doing on their maintenance fee invoice.

https://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Timeshare Advocacy Group™

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

Timeshare Advocacy Group was launched by a small group of advocates that has grown to a solid group of 44 advocates concerned about the volume of timeshare complaints found on the internet directed against Wyndham, Bluegreen, Diamond Resorts, Vacation Village and a few others. The only timeshare that seems to have almost no complaints is Disney Vacation Club. TAG feels timeshare members should have a safe place to get straight answers about their timeshare concerns and be provided with assistance when regulatory and law enforcement fillings are called for.  

Book worm

We hope lessons learned by consumers who purchased a timeshare product they did not understand will reach the general public so  prospective timeshare buyers know what questions to ask before buying or upgrading a timeshare.

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

Our Advocates are here for support. The only reasons for removing a member from our Diamond Resorts Advocacy Facebook are:

  1. A member will be removed if they are insulting or disrespectful to another member.
  2. If a transfer, listing agent, or “get you out of your timeshare guaranteed” company solicits a member, they will be immediately removed. Karen Krokosh wrote this article about her experience with Sell My Timeshare Now and is now researching member complaints of this nature. http://insidetimeshare.com/tuesday-slot-irene-5/

Members need to be aware that there have been reports of timeshare members being charged thousands of dollars for a guaranteed exit, only to learn the exit company considers foreclosure a guarantee. No one should sign up with anyone demanding upfront money, even an attorney, without checking with us because we have learned there are some lawyers with questionable business practices.

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

We support our members from their first Facebook post through resolution. This is our complaint form: http://insidetimeshare.com/file-timeshare-complaint-revised/

Inside Timeshare is part and parcel of the Diamond Resorts Owners Advocacy Facebook. Timeshare Advocacy Group™  was formed hoping timeshare members will look beyond just their own timeshare company concerns. We feel there are some deceitful and predatory timeshare business practices so ingrained; they are endorsed and encouraged from the top levels of the management down to the person who responds with, “Sorry you signed a contract.” Checking with the FBI we have learned many of the complaints reported to Inside Timeshare meet the FBI’s definition of White Collar Crime – deceit, concealment, violation of trust and bait and switch. See Sheilah’s article for more information about the FBI.

Other self-help Timeshare Support Groups, in our opinion, not industry influenced,

https://tug2.com/Home.aspx

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

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

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

We don’t mind if industry insiders or Diamond employees join our Facebook as long as they are respectful. In fact, we encourage this hoping they will confront the serious problems we have uncovered. It would be great if we could all just get along. I have always said, “Half a problem goes away when confronted.”

happy kids

Thank you Irene and also a big thank you to all the volunteers who give up their time to help others, between us we are changing the face of timeshare.

If you have any comments or questions about this or any other article published, or just need information about any company that has contacted you or you are thinking of doing business with, contact Inside Timeshare and we will point you in the right direction.

Start the Week

Over the past few weeks Inside Timeshare has been getting enquiries about another firm timeshare owners have paid to cancel their contracts and pursue “no win no fee” claims against their timeshare resorts, RSB Legal Ltd.

Company number 09751995

Office 110h Ground Floor Adamson House Towers Business Park, Wilmslow Road, Didsbury, Manchester, M20 2YY

Although they have been a registered company since 27 August 2015, there is an active proposal to strike the company off the register and have it dissolved, this was on 13 March 2018. Since then, the Compulsory Action to strike off has been suspended, as of 21 March 2018.

Many of the enquiries we have been receiving are all very similar, no contact from the company and the clients have not been able to get them on the telephone. Another firm which these clients have had their “cases” passed to are Taylor Marshall Associates, with one reader being told by them that their contract with Club la Costa has been terminated.

Company number 09458294

1st Floor 2 Woodberry Grove, Finchley, London, England, N12 0DR

It turns out that this is not the case as CLC have told them they are still liable for the maintenance fees. CLC have also stated the following in an email to our reader:

“Over the last 2 years, CLC has consistently advised Taylor Marshall and their associated company RSB Legal that we will NOT accept their correspondence as correct notification to “TERMINATE” any CLC World membership. CLC World has an established free of charge exit strategy in place for all CLC Members and we do NOT accept Surrender or Relinquishment notices from third party claims companies. Despite this, Taylor Marshall (RSB Legal) continue to falsely claim that they are successful in somehow ‘forcing’ CLC World to release members from their contracts. This is simply untrue.”

“CLC will only complete a Surrender Request when processed direct with the CLC Member.”

So it looks like RSB Legal and Taylor Marshall have been taking peoples money knowing full well that CLC will not recognise them or their termination notices.

what do we do

Last week we published the article on David Cox and his company TESS, along with his association with the Mark Rowe companies currently under investigation.

http://insidetimeshare.com/david-cox-tess-attacking-sundry/

Inside Timeshare has been receiving many comments not just of support, but enquiries as to what they can do to get their money back, we have looked into this and are currently exploring what options are open to you.

One option that has been mentioned is to collect as many disgruntled clients together and explore a group / class action through the courts.

If you have been a victim of any of the following companies, Inside Timeshare would like to hear from you, contact us via our contact form, we will then reply privately. Inside Timeshare will only be acting as a coordinator, researcher and contact point, if a group or class action is feasible you will then be informed which law firm is recommended and the decision will be ultimately yours.

The companies involved are:

TESS Paralegal Services Ltd (Formerly Timeshare Exit & Support Services Ltd)

Monster Travel (also known as Monster Group/Monster Rewards)

SellMyTimeshare

Complete Internet Solutions

Hollywood Marketing

http://insidetimeshare.com/police-investigation/

More on this subject will be published in the near future.

It has also been noticed that the TESS website is not reachable today, nor is the TCA website, very strange indeed.

Silverpoint Announcement to Club Paradiso Members

As usual nothing really surprises us when it comes to Silverpoint, so it was only time before they announced they would not be offering a resale service for their Club Paradiso members. Many of these people have bought into this club via the ever upgrading of the “investment weeks” peddled by Resort Properties and then Silverpoint. Inside Timeshare explained this in the 12 March article “Silverpoint a Costly Experience for Some”.

http://insidetimeshare.com/silverpoint-costly-experience/

This practise has been going on for years, with many losing out on thousands of pounds, in these so-called investments, many funded through finance agreements arranged by Silverpoint sales staff with Barclays Partner Finance. There have been and still are ongoing class actions by clients of Silverpoint against Barclays in the UK, these have been brought by two law firms, Stewarts Law and Edwin Coe.

Considering Silverpoint announced in April last year it had withdrawn its membership from the industry trade body the RDO (Resorts Development Organisation), along with the announcement that it was no longer going to be selling “timeshare”, it comes as no surprise that they have stopped the resale program, if it even existed in the first place!

So the questions that many are now asking including the enquiries received from our readers are very simple ones:

What is now going to happen to all that money we paid for these so-called investments?

Now that we know there is no resale market, what other “investments” are they going to offer us to save what we have already paid?

Are they going to ask for even more money?

saleman

Well we do know that many have been coerced into paying and transferring to what is being termed the “Company Participation Scheme”, sounds good doesn’t it?

But what is this scheme?

Well, all we can say is that it is just another way for them to get your money, according to some of the evidence we have seen, and we are still going through it as it is all wrapped up in jargon, the basics of it appear to be that you now buy shares in a company, with the contract being signed at the notary.

The thing is if you are now a shareholder in a company, what are the implications if anything should happen, are you then going to be liable for any costs if the company goes into liquidation or fails to pay taxes?

So there we have it, Silverpoint have finally admitted that all those with their weeks listed on the resale programme for Club Paradiso, are not going to get them sold. These were originally sold to them with the promise of a return on their outlay when they are sold, a promise that we have seen is full of hot air.

The final part of Silverpoints email reminds these members that they “can still use your membership, even if listed for resale, to enjoy great holidays around the world”. Signed Silverpoint Vacations SL.

Hang on, they have stated in the same email they “will no longer be able to offer this service”, so how can it still be listed for resale?

As usual Silverpoint can’t seem to get their own story straight, do they actually know what they are doing, somehow we think not!

If you are a member of Club Paradiso with these investments and had them listed for sale and are worried by this latest development, contact Inside Timeshare and we will point you in the right direction.

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