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clarity meaning

Tuesday Review: Clarity

Following on from previous articles on Diamonds Clarity Program, Inside Timeshare welcomes today’s article from Bonita Hill, edited by Irene Parker. Bonita explains her experience of this program which is suppossed to “clean up” the sales process, it does appear to fall rather short.

But first a quick round up from Europe, as we said before August is usually a rather quiet time, especially in Spain, so at present there is little news coming from the courts as they are on vacation.

It would also seem the family of “fake” law firms, Litigious Abogados are continuing to claim they have cases waiting to be heard at court, with thousands in compensation waiting to be claimed. Well we do know there will be no money coming from this little crowd.

Inside Timeshare is also working on another Anfi story, they still seem to be denying that they have lost and are losing in the courts. Is it possible they are that worried of more litigation they are conducting a damage limitation exercise? More on this story when we publish.

Now on with today’s article.

Diamond Resort’s CLARITY™ Program

Battles the Oral Representation Clause

clarity

By Bonita Hill  

August 8,2017  

Diamond members on our member sponsored Advocacy Facebook page are confused about an email all US members received earlier this year describing a new Diamond CLARITY™ program being rolled out nationwide designed to provide members with enhanced transparency, accountability and RESPECT for the customer. Diamond’s CLARITY™ program 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.

The response my husband and I received fell short of the CLARITY promise. Basically, the company said it doesn’t matter what the sales agent told us because of the oral representation clause, yet the requirement of the AOD clearly states DRI sales agents shall not deviate from approved sales materials. Instead of CLARITY, the company should just provide a person in advance of a sales presentation the answer we received after we filed our complaint:

“We must advise that it is specified clearly in the contract documentation that if you relied upon any verbal information given during the presentation you must ask for this to be put in writing. Likewise, if anything was said that was of particular importance to you, but which is not contained in the terms and conditions of the membership, this should have been requested to be implemented in the body of contract before documentation was signed.”

Here is what the Assurance of Discontinuance says. The complete AOD can be found linked at the bottom of the press release.

IV Assurances

Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:

  • Sales agents should not deviate from sales material
  • Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

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

We attended a sales presentation in Las Vegas in 2017 after CLARITY had been introduced in Arizona. Our sales agent was Adam Drell. There my husband and I were told by Mr. Drell that because we had so few points we were paying more in maintenance fees and that if we bought more points we would pay less. Mr. Drell also said he was going to add in a Westgate week so that we would be Silver. We did not own a Westgate week.

Mr. Drell said our new maintenance fee would be $1,124. However, I received a bill for $661 for the new points. I had already paid $880 for the old points so the total of $1,541 did not match. Adam did not respond when I tried to contact him.

family

I am 30 years old and my husband is 32. How can we pay for maintenance fees that will go up every year for life? We bought the additional points because we were told it would make our maintenance fees go down. Our loan is financed at 17.15% on top of the maintenance fees. Mr. Drell opened Barclaycards. I was approved initially with a limit of $2,100. Adam offered the Silver plan with a down payment of about $3,400. We did not want to put more money into timeshare that day. He then asked me to call Barclay’s reconsideration line. We were denied due to our high ratio balance on other cards, Diamond’s response tells us nothing prevents a Diamond sales agents from saying anything they can think of to sell vacation points because they know the company can and will fall back on the oral representation clause. This makes it easy and convenient for sales agents to tell falsehoods. I’m sure Mr. Drell’s response would be, “I didn’t say that.”

On our DRI Advocacy Facebook I learned of several others who posted that they were told things by the Diamond sales agent that weren’t true. Marjorie Menacker previously published an Inside Timeshare article.

http://insidetimeshare.com/another-nightmare-timeshare-street-client-experience-diamond/

Marjorie Menacker’s letter to Mr. Michael Flaskey, Diamond CEO (excerpt)

I just listened to your podcast No Vacancy with Glenn Hausmann. We were told in Virginia by Brian Humphries that if we purchased more points on the day we were there, we would not have to pay maintenance fees again.  Why does Diamond allow their sales agents to say anything, no matter how outlandish, to sell points?  Since the Diamond contract is in perpetuity, the repercussions are even more disastrous.

When we explained this (our medical bills) to Mr. Humphries, he told us about a one day opportunity that day that would allow us to trade our points to pay off maintenance fees.  When we attempted to use the program he described to us, we learned no such program existed.

I was a satisfied Timeshare owner for over 15 years until, in our opinion, we were deceitfully up-sold at our last update. Instead of poisoning another Diamond customer, isn’t it best to do what is right by standing up for the customer instead of advocating for the sales agent? Another Diamond member not only posted an identical complaint, it was against Brian Humphries, the same sales agent.

Sincerely,

Marjorie Menacker

Marjorie had been hit by a construction truck while walking. The family was struggling to pay maintenance fees due to this and other medical issues. Diamond refused to cancel their loan and refund because of their allegations of deceit, but offered a voluntary surrender for medical hardship. However, more and more timeshare members like Marjorie and I are standing up to timeshare companies offering to take back their points in exchange for nothing when the member feels they were sold based on promises not delivered. There are so many complaints. It has to stop.

conference

Diamond’s Advocacy Department has helped several members resolve their complaints. Out of 80 complaints filed, 29 have reported a positive outcome. Out of 80 complaints, 71 allege they were sold by deceit and bait and switch. Several of our member Advocates belong to this Facebook page.  

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

Members are concerned CLARITY is nothing more than a window dressing for the media.

Through social media timeshare members are finally able to get together to share experiences. This has produced a pattern of complaints that is compelling and compounding. It is hoped all timeshare companies will recognize the need to sell their product professionally and honestly rather than punish the buyer for life stuck in an unending contract with no secondary market often sold based on false promises.

fair trade

Through Inside Timeshare and our Advocacy facebook pages we have been asked about costs for legal services, we reached out to Mike Finn of Finn Law Group and this is his reply.

Hello all, thanks for your interest in our services.

We do try to charge a fixed fee because that provides a lot of certainty for the client as these cases sometimes take quite some time for resolution.

A couple of factors that we consider in setting the fee, is the date of the purchase, as that has statute of limitation ramifications, and also the amount owed to the resort and perhaps other third-party credit providers. Another factor is whether or not there is more than one active contract.

If I have this information I can provide a fixed fee and even offer terms in some cases.

Mike Finn

Thanks Mike, that has certainly made things clear, a lot more clearer than Clarity!

Remember, Inside Timeshare is here to give sound and accurate information, these are your stories, they are from owners experiences, the industry will eventually take note.

It just remains for Inside Timeshare to thank all those who contribute and help with the proof reading.

 

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, this week Eron Grant submits her open letter to ARDA (American Resorts Development Association), for those in Europe that is the RDO. She explains her experience at the hands of a sales agent and asks why does ARDA have a code of ethics if these agents and resorts ignore it? Very good point, the same can be said of the RDO.

First a roundup of this week. For August it has been quite a full week for Inside Timeshare considering that the courts are closed so no news on that front. We began with the ongoing story of the fake law firms in operating out of Tenerife, yes, that family called Litigious Abogados, bit of a sorry story this one.

Unfortunately, the gentleman in question didn’t find our previous story in time, he was totally taken in by the documents and smooth legal talking of this crowd. It began with the usual pitch, that his timeshare company had a case against them ready to go to court and he could be part of it. He duly paid the initial Procurador fees, then a few weeks later he got the great news that he won the case and the court had awarded him thousands in compensation, brilliant!

Now it was only a matter of paying 20% of the award to the tax man to release the money, this done he was told his cheque was on the way. The envelope arrived with the court papers, but no cheque, the envelope had been opened and the cheque missing. After contacting the “Law Firm”, another company contacted him saying the court had appointed them to investigate and get his money back, apparently this Romanian gang had stolen the cheque and cashed it. Don’t worry, we will get the money back from the bank. First you have to pay us 10% of the amount.

Compensation_Cheque-page-001

Then in what can only be described as a further insult to injury, he was told he owed the property tax on a property he owned in Spain, his NIE Number had expired plus he had outstanding fines for a traffic offence. But we can sort this out for you and get the money released, for a fee.

This has lost him thousands of pounds and has caused him great stress. So beware, it may sound good and look genuine, but it rarely is.

On Tuesday, we published the ongoing story of Tauro Beach, the flagship project from Anfi, this time it was a couple of independent research journalists, Anders Lundqvist and Rowan Bauer. In their article, published in the UK paper The Guardian, they investigated the importation of the sand for this man made beach, brought in from the Western Sahara in breach of UN sanctions and European Court of Justice rulings.

This investigation is still underway by various authorities, the main one being SEPRONA, the Nature Protection Service of the Guardia Civil.

Wednesdays article was from Irene Parker on the Welk Resorts case against Timeshare Exit Team. It highlights the dire need for a proper secondary market and a fair exit strategy for those who do not wish to sell.

In this article we opened with news that the TATOC Help Line had closed, we also published a link to a very good in depth report on the importation of sand from Western Sahara and a little of the history from that region. This was written by Ed Timon Editor of The Canary News, an english language newspaper in Gran Canaria.

Yesterdays article was entitled, Loyalty: No Such Thing in Timeshare, in this piece we showed that even old friends will attack each other for your money in this business. It told the story of a company owned by an ex manager of another company, who is now in the business of supposedly claiming compensation against his old employers. Unfortunately, his history and publicity is not as squeaky clean as he would like you to believe, we leave that to your judgement.

So on with this week’s letter.

Why does ARDA have a Code of Ethics?

Woman what

Members are beginning to wonder

ARDA’s Answer from ARDA’s website

ARDA and its members are committed to the highest standards and ethical behavior in vacation ownership. To demonstrate that commitment, all ARDA members as a condition of membership must agree to comply with the ARDA Code of Ethics.

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.

By Eron Grant

August 4, 2017

Part I – My letter to ARDA

Part II – ARDA’s Code of Ethics

Part III – List of Inside Timeshare member articles that question the Code

Mr. Clements, General Counsel and Lobbyist for ARDA,

My husband and I feel we have been deceived by Diamond Resorts International, and ask for your assistance in getting justice for our victimization.

In November of 2016 we stayed in one of DRI’s timeshare resorts in Sedona, AZ through our Interval International membership. While there we attended a DRI sales presentation. The hotel concierge gave our family of 4 a $150 gift card to a local restaurant for our thanksgiving meal, and in return we were to attend a 90-minute sales presentation. The presentation ended up lasting 6 hours, with our sales agent becoming agitated when we said we needed to leave due to my husband’s golf tee time. This violates ARDA’s Code of Ethics of “Information”.

The sales agent, Karen Calvano, empathized with us about our inability to stay in resorts unless located close to home which is in Houston, TX. She said she knew Interval International did not have many resorts in our area, but that DRI had many resorts, and we would certainly be able to find resorts in Texas, New Mexico, and Louisiana. As it turned out, DRI’s resorts in our area are owned by affiliate resorts rather than DRI and costs approximately more points than we were sold. This violates ARDA’s “Exchange Program” in which we were over promised on the likelihood to exchange for Diamond’s inventory in our area.

When I looked on the Diamond member website recently, Diamond’s Great Wolf Lodge affiliate property in Texas was available for 26,911 to 66,467 points. If we multiply 26,911 by 20 cents which is the typical cost of maintenance fees, it would cost $5,382 for a one week stay. Booking.com had the same Family Suite available for the same week for $1,700. This is not an unusual scenario. I have searched various times throughout the year.

We attended DRI’s “Event of a Lifetime” in January, 2017 which we were told was our member orientation. The “orientation” turned into a high pressure sales presentation quickly with misleading information regarding redeeming our points for 30 cents per point if we paid to upgrade our membership to platinum. When my husband, Dr. Mark Grant, asked to see the price per point in writing, the sales agent pointed to his own written notes to show us that it was legitimate. My husband pointed out the documented literature which showed the amount at 10 cents per point, and the salesman quickly dismissed us to the next sales agent.

According to the ARDA Code of Ethics, this sales agent violated the ethics standard of “Avoidance of False and Deceptive Statements”.

Mr. Clements, as you can tell from the brief account I have written, we are in a rough situation with devious minded people who have not followed ARDA’s Code of Ethics, and should therefore be forced to let us out of our contractual agreement.

We appreciate your consideration, and assistance!

Sincerely,

Eron Grant

Response from Diamond

I am responding to your concerns regarding availability in Texas and Louisiana. While Diamond Resorts does not own or manage any properties in these states, we do have affiliate agreements with several resorts. These properties offer us limited inventory each year to offer to our members to book with their points. Inventory is typically limited, and prices are set by the properties themselves, and not by Diamond Resorts. These properties are offered on a first come, first served basis in addition to the Diamond Resorts properties covered under your contract.

Diamond Resorts does offer a property in New Mexico, the Villas de Santa Fe. If you would like assistance booking at this property, please let me know and I will be happy to assist.

My Response

My concerns with Karen Calvano stating “DRI has several resorts in TX, LA, and NM” is that when we asked her to show us the properties she said, “Oh we can’t do that right now, but we can do that later.” After 6 hours of being with her, we were exhausted and never did see the properties.

We explained that we are owners with Marriott and members of Interval International already, so affiliate properties through DRI really don’t help us. Plus, the value of your affiliate properties is ridiculous. How does this help us?

questman1

I would like for Mr. Clements or someone at Diamond to explain to me why this does not meet the definition of White Collar Crime: Deceit, concealment, violation of trust and bait and switch. In my opinion, there is no doubt what we were offered and what we received meets this definition and violates ARDA’s Code of Ethics.  

Ethics Code of the American Resort Development Association

adopted by the Board of Directors April 7, 2014

  1. General Ethics Standards.  
  1. Disclosure.

With respect to the sale, resale or marketing of a Vacation Interest, the Member shall:

  1. Provide fair, meaningful and effective disclosure to the consumer regarding the Vacation Interest and all material terms and conditions of the offer of a Vacation Interest.
  2. Provide fair, meaningful and effective disclosure to the consumer of all material terms and conditions of all other products offered contemporaneously with the Vacation Interest, including exchange programs, incidental benefits, financing, short-term products and exit programs.

The Full Code: http://www.arda.org/ethics/

audience

Note from Irene Parker

Inside Timeshare has received complaints from many angry timeshare members, including Bluegreen members. Here are just a few of the many members who have contacted Inside Timeshare wanting their voices heard.

This is our DRI Advocacy Facebook page which respectable sales agents and corporate personnel are allowed to join. We hope the folks at Diamond, Bluegreen and ARDA will take the time to read member stories. We promise you will learn a lot.

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/

Member articles

Michael Nuwer and Justin Morgan

http://insidetimeshare.com/fridays-letter-australia-no-read-correctly/

Alan and Debbie Callner

http://insidetimeshare.com/wednesday-article-america/

Detective Lela Renea a Bluegreen member

http://insidetimeshare.com/fridays-letter-america-11/

David Franks Chapter 2 (Chapter 4 upcoming)

http://insidetimeshare.com/fridays-letter-america-10/

Karen Garello Secret Shopper June 22, 2017

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

Romeo and Lily

http://insidetimeshare.com/fridays-letter-america-9/

Dr. Jeffries

http://insidetimeshare.com/fridays-letter-america-7/

Angela Johnson

http://insidetimeshare.com/timeshare-advocacy-group-update/

Neina Orrillo

http://insidetimeshare.com/diamond-in-the-news-again/

Barclaycard and Member stories May 17 2917

http://insidetimeshare.com/timeshare-barlcaycard-us/

Marjorie Menacker

http://insidetimeshare.com/another-nightmare-timeshare-street-client-experience-diamond/

Eron Grant May 12, 2017

http://insidetimeshare.com/fridays-letter-america-4/

Nancy Callahan April 24, 2017

http://insidetimeshare.com/another-nightmare-timeshare-street/

Betty Burmeister and a Filipino Family April 13, 2017

http://insidetimeshare.com/anatomy-timeshare-foreclosure/

Laurie Sabbagh Secret Shopper March 17, 2017 Clarity Review

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

A Military Family March 6, 2017

http://insidetimeshare.com/consumer-protection-week-usa/

The Hurleys January 25, 2017

http://insidetimeshare.com/timeshare-advocacy/

Irina Allen January 13, 2017

http://insidetimeshare.com/timeshare-news-across-atlantic/

Kathie Old December 6, 2016

http://insidetimeshare.com/call-change-us-timeshare-industry/

Wyndham Trish Williams $20 Million Whistleblower Jury Award December 5, 2017

http://insidetimeshare.com/wyndham-whistleblower-update/

The Peasant of Venice and the Queen of Versailles November 7, 2017

http://insidetimeshare.com/peasant-venice-queen-versailles/

Sylvia Saldana and the Barclaycard October 25, 2016

http://insidetimeshare.com/irene-parker-write-barclay-card-usa/

right wrong

Thank you Eron Grant and Irene for this weeks contribution, these are your stories, they are published so you know what is going on in this murky world called timeshare. If you have a story you would like to share or have any comments Inside Timeshare would love to hear from you.

If you have any questions or even need to know if you are dealing with a possible “scam” company, get in touch with us. Even if we don’t know the answer straight away we know where to look and can point you in the right direction. Remember it is better to be safe than sorry, doing your homework is essential, even more so in today’s timeshare world.

So it only leaves us to say, it’s Friday, have great weekend.

fridaycat

loyalty

Loyalty: No Such Thing in Timeshare

It never ceases to amaze us the lengths some will go to bamboozle you the poor consumer, but this one really takes the biscuit.

Timeshare Compensation has placed a blog on their website and facebook page, asking Why has Silverpoint changed its name to Signallia?

https://www.timesharecompensation.co.uk/silverpoint-changed-name-signallia/

It then explains that Signallia is stepping away from the timeshare industry and selling the new product “Keys Concierge”, which Inside Timeshare highlighted some time ago. This product is a “lifestyle membership club”, offering stays at the former Silverpoint resorts, it also boasts that they will carry out personal concierge services so you don’t have to bother.

http://insidetimeshare.com/keys-concierge-another-credits-based-lifestyle-company/

Another factor is as a member you will receive savings and discounts from the likes of Marks & Spencer, Top Shop, Sainsbury’s to name but a few, the thing is how genuine are these? We know that Robert “Bob” Trotta has a significant stake in this enterprise, with the director one Franz Markus Deutsch, a former Resort Properties / Silverpoint sales manager who worked with Mark Cushway, who is now the CEO of Signallia, so old comrades come together. (See links to the original articles below)

Now Timeshare Compensation in their blog is warning about this company, about their “dodgy” past and that they may have changed their name and the product, but may not have changed their ways. But who is Timeshare Compensation?

Well you will never believe this, but they are the trading name of ABC Lawyers, which is a company that belongs to one Mark Rowe!

Mark Rowe of Monster Credits, Sellmytimeshare.tv, Hollywood Marketing SA, Jive Hippo and many others, is guess what, a former colleague of Mark Cushway at Resort Properties / Silverpoint!

So is that the pot calling the kettle black?

Old comrades now sniping at each other, for what?

Loyalty, there is no such thing in the murky world of timeshare, the only thing that any of these people are loyal to, is your money!

stab back

So what is the moral of this little tale? Beware who you do business with, do your homework, you know it makes sense.

http://insidetimeshare.com/new-name-company/

http://insidetimeshare.com/latest-silverpoint-signallia/

 

half way

Mid Week Report

Following on from the news that TATOC is no more, the latest news is that TATOC Consumer Helpline Ltd has also been wound up, when more comes in we’ll publish it here. If you have tried to access the TATOC website, you will have noticed that it no longer comes up, confirmation that TATOC and Harry Taylor are truly gone, although we wonder if any of his old allies (MacDonald Resorts) will be offering him a job?

job wanted
Contact Harry or is it Henry Taylor?

On the story published yesterday regarding the sand on Tauro Beach, The Canary News has also published a full in depth report. It not only looks at the controversy surrounding the importation of sand from the Western Sahara, it also has a very good introduction to the history of this region.

http://thecanarynews.com/the-shifting-sands-of-tauro-beach-investigation-for-alleged-breach-of-un-international-law/

the-canary-news-views-sunshine-logo-2016-250

Now it is August, the courts have closed down for the month, so there will be no news emanating from there. Good news for the timeshare companies! But it is guaranteed that come September there will be a flurry of sentences being announced.

It is also a time for the new “scams” to start getting ready for the Autumn and Winter season, the new company names and websites will soon be surfacing along with some of the old names that will be resurrected. So be warned, do your homework first, check and recheck, these scams are getting very sophisticated, you only have to see the articles on Litigious Abogados and their family of firms. If in doubt or not sure how to check, then contact Inside Timeshare.

So now on with our Wednesday article from Irene Parker.

Welk Resorts sues Timeshare Exit Team for Racketeering

Right To Use timeshare programs need a secondary market

hear no evil

By Irene Parker

August 2, 2017

Welk Resort of Lawrence Welk fame has sued Timeshare Exit Team for racketeering. Once again, the lack of a secondary market forces beleaguered timeshare members into the nets of alleged unscrupulous transfer agents when a resort provides no exit for members sold a timeshare contract in perpetuity.

First, a hat’s off to Lawrence Welk, a big band great that kept early American households riveted to their seats for over 20 years. To this day the Welk resort is a family friendly resort that knows how to run a business. My husband and I stayed at a Welk Resort in California. It was one of our most memorable timeshare vacation experiences.

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

Inside Timeshare has received a volume of reader responses alarmed that there often is no way out of a timeshare contract. ARDA and the industry have lauded timeshares evolution towards a right to use product and have stated members should not expect value back when they seek release from a right to use timeshare.

The problem with ARDA’s “see no evil, hear no evil” position is – about 90% of the complaints Inside Timeshare has received, have loans attached and many allege they were duped into signing off on high interest rate loans and credit cards. Voluntary surrender or “take-back” programs require the member be free of loan encumbrances. In addition, voluntary surrenders are never guaranteed.

Mr. Howard Nusbaum, President and CEO of the American Resort Development Association (ARDA), was quoted in a June 2014 RedWeek article in reference to the lack of a viable timeshare resale market, “This is a legacy problem. People buying a timeshare today are buying it from multisite clubs that have management forever and sales teams forever, so the ability to recycle inventory will not be a problem in the future.”

https://www.redweek.com/resources/ask-redweek/timeshare-resales-arda-predictions

Timeshare Exit Team Response to the Welk Resort lawsuit

Response from Brandon Reed, founder and CEO of Timeshare Exit Team:

Timeshare Exit Team learned of this matter through a media release distributed by Welk Resorts on July 26, 2017. Following the news being publicly distributed, we were formally served on July 27th, 2017, and intend to present a vigorous defense to these claims. We would also like to inform consumers that the meritless lawsuit and inaccurate accusations therein will not dissuade our team from continuing to advocate for consumers.

I’m proud of the service we offer and of the company we have built. Timeshare Exit Team has built an unparalleled in-house team, leveraging effective outside resources as needed, to assess each customer’s unique situation and to provide them with qualified, thorough, and trusted management of their issues.

The Welk Resort lawsuit v Timeshare Exit Team reported by Business Wire    

“SAN DIEGO–(BUSINESS WIRE)–Welk Resorts, developer of family-friendly vacation resorts, has filed suit in U.S. District Court for the Southern District of California against Reid Hein & Associates, operating as “Timeshare Exit Team,” and law firms in two states for allegedly operating a nationwide racketeering scheme to induce vacation owners to disrupt Welk’s contractual relationships with its vacation owners, causing breach of contracts, delinquencies and defaults that damaged Welk, the vacation owner association and vacation owners.”

“The suit cites fraudulent racketeering activity, intentional interference with contractual relations, and violations of the California unfair competition law, California Vacation Ownership and Time-Share Act, California False Advertising Law and the state “Running and Capping” Law. The latter makes it illegal for non-attorney agents to obtain business for an attorney or law firm for compensation, or solicit others to engage in running and capping.”

Timeshare Exit Team charged fees of $5,000 and more for this “service.”

http://www.businesswire.com/news/home/20170726006103/en/Welk-Resorts-Files-Suit-Timeshare-Exit-Team

Timeshare Exit Team fulfills an HOA Collections Agent’s Prediction – Previously Reported by Inside Timeshare

Kristi, a Home Owners Association timeshare collection agent I interviewed back in March of 2017, complained of lawyers transferring timeshare contracts to fictitious persons or LLCs. Some things are universal. Charles Thomas has been reporting on a recurring “Litigious Abogados” theme. Inside Timeshare is published in Spain.

As reported by Inside Timeshare in our interview with Kristi:

Irene: Are you familiar with Timeshare Exit Team? One of their agents contacted me and asked me to review their program. What is your opinion of this firm?

Kristi: I would never endorse or advise anyone to use their services ever!! They specialize and advertise “Cancellation of Timeshare Contracts” but we don’t have contracts. We have deeds. We have chosen not to do business with Timeshare Exit Team because of their inability to follow our procedures and because of the quality of work previously sent to us.

Timeshare Exit Team has been involved with two other timeshare resale companies and/or timeshare attorneys that were involved with transferring 18 of our deeds since 2014 to four individuals that have never paid the dues and are delinquent in the amount of over $18,000. Out of the four individuals we were able to track, we learned that they are all associated with each other thru business dealings, contract employees or registered agents. They must assume that the association will eventually foreclose or take the property back but it is very costly to foreclose and we do not accept property back.

http://insidetimeshare.com/timeshare-hoa-collections-agent-shares-experience/

Here are ARDAROC’s (Resort Owners Coalition) eight tips for selling your timeshare and how they apply or do not apply to Diamond Resort members. This is what I have learned since trying to sell my Diamond right to use points.

  • Know what you own – Most own non-deeded right-to-use points
  • Consult your resort – Diamond’s Advocacy Department has helped some members but others have had to seek legal assistance when denied relinquishment. Tracking our reader outcomes thus far – 29 out of 77 report positive outcomes.
  • Sell it yourself – member supported Facebook pages seem to be the best option, but complaints abound that “no one wants it.”
  • Get assistance from a Licensed Reseller – not one member of the 64 member Licensed Timeshare Resale Broker Association will accept a listing for Diamond’s non-deeded points due to secondary market restrictions.  
  • Pass it on or gift it to your family – maintenance fees are also passed on
  • Donate it to a Charity – Donate for a Cause is a scam according to Consumer Affairs. A charity has the same problem. They don’t want the rising maintenance fee liability. https://www.consumeraffairs.com/news/timeshare-donation-scheme-is-a-scam-feds-charge-120115.html
  • Generate income by renting. Diamond Resorts does not allow renting through a third party website. “Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.”
  • Beware of scams.

http://www.ardaroc.org/timeshare-resales-resource-center.aspx

Lela Renea, a Bluegreen timeshare member, contacted Inside Timeshare about her battle with Timeshare Exit Team after they appear to have stonewalled her. Since Lela is in the middle of negotiations, she did not want to elaborate on the distress she feels, attempting to resolve her Timeshare Exit Team concerns – suffice to say she had reason to reach out to Inside Timeshare. We will be reporting as to whether Bluegreen will come to her rescue or allow her to fall to the mercy of Timeshare Exit Team.

Despite the customer loyalty and lack of complaints we reported last week among Disney deeded timeshare owners, with access to resale and rental options, right to use non-deeded timeshare programs continue to ignore the growing problems caused by perpetual contracts not able to be sold, rented or relinquished.

Welk Resorts back in the day was a fixed week timeshare but has converted to a right to use non deeded program. A life change like a job loss or illness, rendering the timeshare unaffordable, is as much a problem for members of right to use programs as it is for legacy resorts.

light thought

 We hope someday, someone in the industry or ARDA will see that throwing up roadblocks to a secondary market is a detriment for all. As we reported last week, timeshare attorney Mike Finn has never had a Disney client and it is unlikely Timeshare Exit Team has ever had a Disney client either.

Some answers are so logical and simple, they cannot possibly be understood.

Once again thank you to Irene, who explains the timeshare world across the great lake, as you will have noticed there is very little difference to the problems that owners / members face.

In this Friday’s Letter from America, we have another contribution from Eron Grant. In her Letter to ARDA she asks Why does ARDA have a Code of Ethics? This very question was also asked of the RDO, Europe’s equivalent of ARDA. We still don’t have a genuine answer to that little conundrum!

So there we have it, half way through the week and a couple of hard hitting stories, we’ll be keeping an eye on the Tauro Beach story and will bring you the latest as it surfaces. Remember, beware the scam artists, do your homework, check and check again, it will save you a lot of money and stress in the long run.

 

sits vac 1

CUSTOMER SERVICE AGENT
Experience in Bull Shit Essential
Tauro beach gone

Tauro Beach: In the UK News.

It would seem the debacle that is the Tauro Beach Project, which was supposed to be a “flag ship” project for Anfi has now hit the international press. The UK’s Guardian Newspaper has published an article by Anders Lundqvist and Rowan Bauer, two independent research journalists on the story of the sand that has been used.

The Guardian

Many months ago Inside Timeshare published the story that this sand was imported from Western Sahara, that it is under investigation by SEPRONA, the Nature Protection Service of the Guardia Civil. Anders over the past few months has been in contact with us and we have happily passed on information we had, so it is with pleasure that we publish todays story with the link to their article.

Tauro Beach: Latest Development

Inside Timeshare has been following the story mainly from the perspective of the timeshare angle, but we have also published the latest stories from the local residents. The fact that recently the entrances and pathways to the area have been blocked, making it very difficult for the residents to get to their properties.

Anders and Rowan have taken a different tack to this story, they have concentrated on the illegalities of importing products from an area which is under occupation and is in breach of UN resolutions and rulings from the European Court of Justice.

It has been the contention of many in Gran Canaria that this sand was brought here illegally and was dumped without being treated, Lt Germán García SEPRONA’s Chief in Las Palmas stated  “The sand was brought illegally, it was discharged with no control at all,” something that has angered environmentalists. No one knows for sure what effect this could have on the local environment. Only 300 meters from the beach is an undersea area which is protected, it contains plant and animal species unique the area and found nowhere else in the world. Apparently this area has already been affected, to what degree is not quite known.

gc-seprona

This whole story from the start has been one of pure greed, no thought for the local residents, no thought for the environment, just the thought of building and making money! This story is not going away, the investigations are ongoing, so it is only a matter of time before the truth comes out. When it does, we are sure there will be charges to follow.

Here is the link to Anders’ and Rowan’s article in the The Guardian.

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

Enter Tauro Beach in the search box to see all articles published on Inside Timeshare and follow the story.

If you have any thoughts or comments on this subject Inside Timeshare would like to hear from you, we will be keeping in touch with Anders and will pass on your comments.

 

fraud scam

Litigious Abogados: The Story Moves On.

Over the months Inside Timeshare has been publishing articles and warnings about a very sophisticated and well planned out fraud, operating out of Tenerife, Litigious Abogados and family.

One reader has been taken for thousands, he believed everything he was told, he believed the authenticity of the documents including the fake court papers. But the scam has gone one stage further. But first we’ll go to the beginning.

It started as usual with contact from the fake law firm telling the client that his timeshare resort / company was about to be taken to court, that he could become part of this action as there was a very good case. All it needed was to pay the Procurator fees and his case can be lodged with the court, the case would be going ahead in around a month. (very fast work indeed).

too good

This fee was to be paid to the Procurador Darstun Jilmo Davida, a name we have come across before.

It then turns out there was a groundbreaking ruling against Incentive Leisure Group SL (a company that ceased to exist when Garry Peter Leigh was killed in an accident in July 2010). The director of the company, another name that we have come across in respect of this scam, Keith Balker aka Keith Baker, has pleaded guilty. So now Keith is director of ILG, not bad as he happens to be director of Club la Costa, Diamond, Silverpoint and many others according to this law firm. Certainly a man with his fingers in many pies.  Also as we are very familiar with ILG from the past, there was never any director named Keith Balker.

Now another little twist in this is that according to the fake court document the other defendant, with the director Keith Balker is Club Class Holidays SL, and for those who remember the days of ILG, they were great rivals, yet according to this document they are in bed together!

2nd round

Now, we come to the second part of the scam, in order to release the thousands awarded by the court, tax needs to be paid first, this was duly done and a cheque from the court was now on its way.

The envelope duly arrived, problem is it had been opened and the cheque was missing. Lo and behold another company now contacts the client, Manuel Valentin, they have been appointed by the court to investigate and retrieve the money stolen. Again it turns out it was that unscrupulous Romanian Gang who stole the cheque.

In order for Manuel Valentin to carry out his investigation and get the client his money back, he needs to be paid. Then the scam takes on a new dimension.

The client is now told that he owes property tax on a property he owns in Spain, that his NIE number has expired, so he can’t get the money owed to him until this is all paid and dealt with. But never mind, these lawyers can sort this all out for him, for a fee that is. Another twist to this story is one that has really taken the biscuit, it turns out the client has outstanding fines for a traffic offence! One does wonder how these people would know about that.

The following are some of the new names and bank accounts that have come up with this story.

The Procurador (an old name): Darstun Jilmo Davida, Banca March Arona.

Notario: Roberto Arturo Sanson Banco Sabadell

Ricardo Sannino Bankia

Notario: Yary D, Marco La Caixa

Gina Bulanu Accounts Sabadell

Ricardo Zanino BBVA

Other names that have surfaced:

Juan Portalabo

Paralegal: Ms Sarah Ellingwood

Secretaria de Abogados: Sandra Fonto Bello

Secretaria de Abogados: Lorna Lablub Taza

Departmento Legal: Maria Sanchez Gotera

Lawyer: Jesus Iful

It is important to thoroughly check any company that claims you have a court case, do not be taken in by the sums of money they say is waiting for you. Unless you have instructed a lawyer personally to conduct a case, then there is no case pending, especially in the time scales this lot are looking at. From first contact to conclusion is a matter of 2 months, totally impossible.

If you have been contacted by any firm and want to know if it is genuine contact Inside Timeshare and we will point you in the right direction. Remember it pays to do your homework!

homework

monday

Start the Week

Welcome to the start of another week at Inside Timeshare, last week we had the privilege of publishing our first article from Canada, sent in by the Club Intrawest Owners Group Hopefully this will be the first of many.

We also highlighted the latest news about the Anfi Tauro Beach Project, again the local people are being treated in the most dismal of ways. This project has been a fiasco right from the start, it has still a long way to go before it is resolved, we hope in the interests of the locals.

LIT

On the fake lawyers front we highlighted a very lucky escape for one of our new readers, it concerned Armando Gareca Abogados one of the new names in the Litigious Abogados family. At least this reader found out before he paid the initial fees to get a ficticious court case underway. This group has produced some very convincing documents and an even more convincing story, if you are contacted by them, think very carefully, if in doubt contact Inside Timeshare.

That intrepid law firm from Gran Canaria, Canarian Legal Alliance, also had a very good week, after publishing on Friday, our contacts informed us that they had received several Supreme Court rulings during the course of Friday afternoon. It brought the total of judgements by the highest court in Spain to 56, all brought by the lawyers at CLA. From what we at Inside Timeshare could gather those lawyers were absolutely ecstatic, as they received 5 rulings in one day!

From what we have been able to find out, no other law firm in Spain has ever achieved this amount of rulings, let alone had this number of cases sent to the Supreme Court. A truly remarkable achievement, with apparently many more still waiting to be heard.

nyt logo

To start the news this week, we look at a story from the New York Times, received by email for our morning briefing.

Europe Edition
Your Monday Briefing
By STEPHEN HILTNER
Good morning.
Here’s what you need to know:
The New York Times
• Turkey is facing mounting difficulties both at home and abroad.
The government has seized control of more than 950 companies since last July — from small baklava chains to large, publicly traded conglomerates — over accusations that they were linked to a coup attempt. The seizures, worth about $11 billion, have changed the way Turkey is perceived in the international business sphere. The Turkish lira is crumbling, and foreign investment has dropped by half compared with last year.

You may ask what has this got to do with timeshare?

Quite a bit if you have purchased a Club la Costa Fractional in Turkey!

As we know fractional is being sold as a real estate investment, with points attached in order to use it. The whole point is that it will increase in value and then be sold for, we hope, a profit in the future.

pigdress
Fractional, is it just a pig in a dress?

With the current situation in Turkey, it now makes this investment a rather dodgy deal. How long will it be before these seizures of businesses affect the resorts, after all who is building them, who owns them?

Also as foreign investment in Turkey is declining, will this make Club la Costa withdraw?

Will these properties actually get built?

What will happen if they don’t, will you get any of your money back?

Will CLC transfer you to a European Fractional?

These are all legitimate questions you should be asking yourself, where do you stand if it does go wrong?

Inside Timeshare is waiting for confirmation that the Supreme Court has made a ruling regarding fractional, once we receive this we will explain their judgement.

For the coming week, on Wednesday we will be publishing another article from Irene Parker, this one will be little different from our usual fare, it is a story of how timeshare should be, honest, above board and beyond reproach. But you will just have to wait till then.

Remember, it pays to do your due diligence and check things out before you go ahead and spend vast sums of money on anything to do with Timeshare. It is a minefield, so if you need any help or advice on how to check any company out contact Inside Timeshare and we will point you in the right direction.

If you have a story you would like to share with others contact us and we will work with you to publish it. Inside Timeshare is here to give you the facts, the truth and a place where you can share your own experiences with others.

thank-you-background-have-a-great-week_4lryptpix__F0000

 

bogus clipart

Another New Member of the Litigious Abogados Family Just Been Born!

In yesterday’s article it was mentioned that it was only time that a new name would surface for the fake law firm which is the Litigious Abogados family, well, after publishing it did surface!

amador-ganeca-logo

Amador Ganeca Abogados, the new firm and new website, created on 16 June 2017, which looks just like all the rest of them, all that is different are the names. Even the photo’s of the so-called lawyers are the same but with a change of name.

http://amadorganeca.com/

The pitch is the same, there is a trial about to take place against your timeshare resort and you can be part of this on a no win no fee basis. This trial is about to take place within the next few weeks, a date has even been set. It has been estimated that you are due ex-thousands of euros in compensation.

 

 

amador-ganeca-1
Amador Ganeca aka Armando Garcia

For the case to go ahead, the Procurador needs to be paid to handle the case, we do wonder who the new Procurador is, as there have been several in the past, all with very similar names. Once this is paid, the client will in the next month receive a letter and a “court document” to say that the director of the timeshare resort pleaded guilty, just wondering will it be Keith Baker again?

manuel-pralgo-namslom-wm

Manuel Pralgo Namslom aka Balthazar Fermid Nisberas

Now for the good news, you have been awarded 20,000€, they even send a photocopy of Banesto cheque in your name for that amount. Problem is Banesto has not existed as a bank since 2012. Plus courts do not issue cheques.

In order to receive this wonderful sum, you must now pay Spanish Tax! This amounts to around 21% of the awarded amount, once this is paid the court will release the cheque. Fantastic!

domingo-varlotes-biriendel-wm
Domingo Varlotes Biriendel new photo but  a slight change of name from the one below.

If like in the past, you will receive a brown jiffy bag posted from Tenerife with a letter from the court and the cheque. Only one problem, the envelope is open, the letter is there with a staple on the corner and a torn piece of paper where the cheque should be.

simone-maengas-arlovaz-wm

 

 

 

 

 

Simone Maengas Arlovaz aka Domingo Barlotes Miriendel

You will then receive a letter from another company that states that your cheque was cashed by a gang of Romanians, this company has been charged with the task of recovering your money from the bank. Great, but to do this they need a payment of at least 10% of the cheques value.

balthazar-hermid-nisbemas-wm

Balthazar Hermid Nisbemas aka Juan Firmid Mantadiz

It makes you wonder how many people have actually been taken in by this particular fraud?

The documents look very genuine, the letters written in English are actually very good, obviously a native, educated speaker. The whole operation is very well planned, the names of the law firms change virtually every couple of months, so they are keeping one step ahead of the authorities. No doubt, once your money is paid into the bank accounts of the Procurador, it is withdrawn and all trace is then lost. As we have said before this is a very sophisticated operation.

If you have been contacted by any of these “law firms”, or any other company that states your timeshare resort is about to be taken or has been taken to court, do your homework. Don’t be taken in by the huge sums of money they say you are due. If you have any doubts, contact Inside Timeshare and we will point you in the right direction.

Follow the links for the whole story.

http://insidetimeshare.com/a-narrow-escape/

http://insidetimeshare.com/go-abel-garcia-law-firm-always-wins/

http://insidetimeshare.com/litigipus-abogados-family-gets-bigger/

http://insidetimeshare.com/litigious-abogados-showing-charity/

http://insidetimeshare.com/abogados-abel-garcia-new-member-litigious-abogados-family/

http://insidetimeshare.com/litigious-abogados-plot-gets-thicker/

http://insidetimeshare.com/news-litigious-abogados/

http://insidetimeshare.com/litigious-abogados-new-update/

http://insidetimeshare.com/litigious-abogados-plot-thickens/

http://insidetimeshare.com/litigious-abogados-latest-information/

http://insidetimeshare.com/litigious-abogados-update/

http://insidetimeshare.com/1059-2/

homework1

start the week

Starting The Week.

We ended last week with a new contributor, Justin Morgan from Australia, along with some of the news from the courts in Spain. In those reports it was mention that the court in Tenerife had found once again against Diamond Resorts contracts. We have been reliably informed of many more cases in the pipeline.

If last week is anything to go by, we are expecting many more sentences being announced over the course of this week. Although, these will be among the last before the annual break in August, where Spain basically shuts down for the month.

Just moving away from Diamond for a change, last October we published an article of a class action lawsuit against Marriott. The case is for alleged “racketeering”, a term we usually associate with the old gangster films depicting the escapades of the likes of Al Capone, not large timeshare and hotel companies.

This the Irene Parker’s update on this story.

The Marriott Racketeering Case – An Update

Not since the Book of Genesis [1:9-10] has the extraordinary feat of creating land from nothingness been chronicled … and Marriott “saw that it was good” for business. (Plaintiff’s response to motion to dismiss)

Moses

By Irene Parker

Some stories tell themselves

July 3, 2017

Timeshare members find themselves with few friends in Florida state legislative and regulatory circles. The Florida Timeshare Division only acted on 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014. In addition, a Florida law passed in 2015, making it more difficult to get out of a timeshare contract, sparked outrage among timeshare owners and advocates. I’m told $70 billion a year flows into Florida in timeshare dollars. That kind of money certainly could buy a lot of power and influence.

http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.htm/

http://insidetimeshare.com/chicken-soup-timeshares-soul/

Paul Brinkmann of The Orlando Sentinel first reported on the Marriott Racketeering case back in May of 2016.

The lawsuit takes aim at Marriott’s points program, which replaced traditional sales of timeshare weeks at specific resorts in 2010. According to the suit, Marriott timeshare customers pay fees associated with owning real estate — such as closing costs and recording fees — but don’t actually own any real estate.

The lawsuit says Marriott timeshare buyers “are being duped into believing they are obtaining title to a real-property interest … when, in fact, they are merely getting a right-to-use license,” the lawsuit says.

Edward Kinney, spokesman for Marriott Vacation Club, said the company will defend itself in court. He said the timeshare industry is highly regulated.

“We sense the people behind this lawsuit have a misunderstanding of how our product works. But we follow every aspect of the state regulatory compliance for vacation ownership sales,” Kinney said. “Everything we do as far as sales are reviewed by the state.”

Fast forward one year later

On May 23, 2017, Governor Rick Scott signed into law SB-818 which amends Section 721.05(21) of the Timeshare Act by adding a subsection (b) to clarify that, for purposes of a “multisite timeshare plan” (e.g., the MVC Product), an “Interest Holder” does not include any person or entity that has an interest in, or lien on, the underlying condominium or property:

https://www.flsenate.gov/Session/Bill/2017/00818/?Tab=BillHistory

Revising the definition of the term “interest holder” to clarify that the term does not include certain parties to a certain multisite timeshare plan; revising requirements for the termination of a timeshare plan; specifying the percentage of votes required to extend the term of a timeshare plan under certain circumstances, etc.

Marriott defendants then submit to the Court

Case No. 6:16-cv-855-Orl-41TBS

This Notice is being submitted to alert the Court to a recent amendment (“Amendment”) to the Florida Vacation Plan and Timesharing Act, Fla. Stat. § 721.01, et seq. (“Timeshare Act”), in further support of the Marriott Defendants’1 and the First American Defendants’ Motions to Dismiss the Complaint (see Doc. Entries 77, 78, and 79, filed September 15, 2016).

Attorneys for the Plaintiffs respond to the request for dismissal (excerpts)

Based on the fact that the FVPTA Amendment (which became effective on May 23, 2017) is so specifically tailored to address a narrow exception pertaining precisely to the particular facts of this case, it is beyond obvious that Defendants (immediately following briefing on the motions to dismiss) railroaded the law through the legislative process.  Defendants’ blatant lobbying effort smacks of impropriety and amounts to an admission that their conduct is not authorized under existing law. Further, it is proof positive that Defendants are willing to use any means possible – including government influence – to mask the unlawfulness of their prior acts.  

Defendants were clever in making sure the FVPTA Amendment was characterized as a remedial “clarification.” Of course, simply calling it a “clarification” does not automatically bestow retroactive application – especially, in this case, where the FVPTA Amendment purports to clarify a long-standing law, enacted over twenty years ago.

An “interest holder” has a legally-binding property interest in the accommodations under the existing law. The definition of accommodation includes timeshare condominiums under the existing law. Fla. Stat. § 721.05(1). Therefore, it would substantively change the existing law to exclude from the definition of encumbrance anything that would be contained in a timeshare condominium declaration.

This makes it clear that the revision was recognized and acknowledged for what it truly is – a substantive change to existing law, creating new categories of exclusions to interest holders and having potential constitutional implications. Nothing in the legislative history, including any staff or committee analysis, provides even marginal support for the conclusion that the legislature intended the FVPTA Amendment to be a mere clarification that would have retroactive application in this case.

Regardless of Legislative Intent, FVPTA Cannot Have Retroactive Application because it will impair Vested Rights in Violation of the Constitution.

scroll

As usual, I contacted timeshare attorney Mike Finn of the Finn Law Group for his take on Governor Scott’s legislative prowess. Our Advocacy group of 84 Timeshare Advocates includes 18 attorneys. Timeshare is extremely specialized so we do not suggest any aggrieved timeshare member seek legal advice from any attorney without real estate or timeshare experience. Mike has assisted several timeshare owners needing legal assistance.

According to Mike,

“The constitution of the United States protects US citizens from Ex Post Facto laws, meaning that you cannot take an act and make it criminal after the fact. You can criminalize that action, but you can only do so prospectively because any actor is entitled to notice that this particular act is now a crime. How unfair it would be to be able to punish someone who had no previous warning that a non-criminal act was suddenly and with no advanced warning or notice made criminal?”

“There is no comparable constitutional protection in the civil arena even though the consequences in suddenly and intentionally changing a civil law while a case is pending, and applying the new law retroactively to a set of facts that resulted in extinguishing an existing and viable claim for monetary damages are essentially identical. Imagine how you would feel as the litigant bringing a claim, after hiring an attorney, filing a lawsuit that was meritorious when you filed it, only to have your case dismissed because the rules of the game were changed after you had filed your case?” “How dishonest!”

Attorneys for the plaintiffs continue

On May 16, 2016, the Plaintiffs (represented by Jeffrey Norton and the law firm of Newman Ferrara) filed a class action complaint against Marriott and First American (“Defendants”) that included numerous claims arising out of hundreds of thousands of instances of unlawful conduct, in which Defendants engaged for over seven years, related to the creation and continued sale and operation of the MVC Trust Product.

In December 2016, briefing on Defendants’ motions to dismiss was completed.

On February 9, 2017, SB 818 was introduced. That bill, introduced curiously on the heels of this action and immediately following briefing on the meaning of “interest holder” (a term having a direct impact on Defendants’ racketeering activity), sought to revise the definition of “interest holder” as it applies to the Florida Vacation Plan and Timesharing Act. More specifically, SB 818 aimed to “clarify” that the term “interest holder” excludes certain parties to certain multisite timeshare plans – a uniquely-focused amendment that appears specifically crafted to address claims in this case.

Three months to the day later, SB 818 was presented to Governor Scott for signature.

And, on May 23, 2017, SB 818 was enacted into law (the “FVPTA Amendment”).  Two weeks

later, on June 7, 2017, the Marriott and First American Defendants (the “Defendants”) filed the

Notice to “alert” the court of the FVPTA Amendment and its purported impact on this case.  

It seems obvious that because Defendants could not justify the legality of their conduct under existing law, they endeavored to change the rules. The Notice is tantamount to an admission that Plaintiffs’ claims are meritorious and that Defendants’ conduct violated the laws that actually were in effect during the relevant time period.

This is not the first time Defendants have endeavored to prevent this Court from considering the claims in the Complaint under existing law. Defendants previously filed a borderline frivolous motion seeking to invoke primary jurisdiction in order to refer the matter to the Florida Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division”), and a stay of the entire matter pending review by the Division.

(Note from Irene: Maybe that’s because only 110 out of 2,360 timeshare complaints were acted on by the Florida Timeshare Division.)

As argued by Plaintiffs, however, it is abundantly clear that the Division does not have primary jurisdiction over the claims in Complaint (and expressly rejects providing advisory opinions in pending litigation.

Parcels of real property do not simply materialize out of thin air by virtue of a statutory definition and nothing in the construction of a timeshare estate’s definition under Fla. Stat. § 721.05(34) supports Defendants’ preposterous construct.

girl

Whew! That was a lot for the average timeshare member to grasp, but more and more timeshare members are coming forward to learn about what goes on behind the scenes of their dream vacation. Inside Timeshare is hearing from timeshare members on a daily basis crying foul. Thank you to all our 18 attorney advocates as we work together to “take back our vacation” from an industry clearly in need of reform.

Once again Irene explains a difficult subject for us mere mortals in a way that is understood.

Over the weekend Inside Timeshare has received many more stories from some very concerned owners. It certainly looks like the articles we publish are hitting home to many owners, if you have any questions concerns or comments about anything published, contact Inside Timeshare and we will point you in the right direction.

                                                       

 

 

anfi ariel view

Anfi Special General Meeting, The Vote is In.

As we reported in Friday’s Letter From America, Anfi held a Special General Meeting at the H10 Hotel in Meloneras, Gran Canaria, the subject was the change in contracts to bring them into line with the law.

There were three resolutions on offer,

Voting on Resolution 1

To establish occupancy periods for a maximum of 50 years duration, with an option to extend for further recurring occupancy periods of 50 years.

This will bring the contracts in line with the 50 year rule established in Spanish timeshare law, but it allows you to extend voluntarily to another 50 years.

Voting on Resolution 2

To limit the duration of the Timeshare Scheme to a maximum of 50 years.

The same as resolution 1 without the option to extend to another 50 years.

Voting on Resolution 3

Total change of Timeshare Scheme to adapt to Spanish Act 4/2012.

This adapts the contract to  “Rotational Enjoyment Rights” Anfi explains it thus:

“Every current holder of a membership certificate shall be allocated a number of rotational enjoyment rights, equal to the number of membership certificates they currently hold and which will entitle them to enjoy the same week of use as they currently hold”.

The preliminary results are as follows, (these are not confirmed):

Anfi Beach Club

Resolution 1

  • In the favour: 4342 votes
  • Against: 140 votes
  • Abstention: 34 votes

Result: Approved

Resolution 2

  • In the favour: 2750 votes
  • Against: 1696 votes
  • Abstention: 119 votes

Result: NOT Approved

Resolution 3

  • In the favour: 2750 votes
  • Against: 1657 votes
  • Abstention: 115 votes

Result: NOT Approved

Club Monte Anfi

Resolution 1

  • In the favour: 2604 votes
  • Against: 245 votes
  • Abstention: 38 votes

Result: Approved

Resolution 2

  • In the favour: 1106 votes
  • Against: 1629 votes
  • Abstention: 161 votes

Result: NOT Approved

Resolution 3

  • In the favour: 1105 votes
  • Against: 1635 votes
  • Abstention: 156 votes

Result: NOT Approved

Club Puerto Anfi

Resolution 1

  • In the favour: 2358 votes
  • Against: 131 votes
  • Abstention: 29 votes

Result: Approved

Resolution 2

  • In the favour: 1287 votes
  • Against: 1142 votes
  • Abstention: 88 votes

Result: NOT Approved

Resolution 3

  • In the favour: 1304 votes
  • Against: 1126 votes
  • Abstention: 86 votes

Result: NOT Approved

Resolution 1 has been accepted for all three resorts, which is:

“To establish occupancy periods for a maximum of 50 years duration, with an option to extend for further recurring occupancy periods of 50 years”.

So how does this affect you?

Quite simply it doesn’t, it will only affect new contracts, the owners club does not have the right to change a bilateral agreement that was signed between you and Anfi. It will only affect you if you agree to and sign the new contract. If you do not accept the new contract your existing one remains in force, which means your contract is still a perpetuity one, which is still illegal under Spanish timeshare law.

This obviously means that you may claim back the purchase price and have the contract declared null & void. For those who do have claims underway in court, this is crucial they do not sign, as it would then make the claim invalid.

It is obvious that Anfi want you to change, it will save them a lot of problems in the courts, but it is your decision, not theirs!

As more information comes in we will publish so you have the facts.

update bricks

Since publishing we have received the following facts from Canarian Legal Alliance, they have contacted us with these figures and the latest judgment:

On Friday 23 June the HIGH COURT in Las Palmas announced the latest sentence against ANFI, with the contract being declared null & void with over 10,000€ being awarded back to the client. This was for a contract in perpetuity.

These are real figures direct from the Canarian courts along with real payouts. They are real sentences which are all ready to be executed (naturally all these amounts and sentences can easily be verified as they are public record), with many of these sentences published as news on this website as they happened. (search Supreme Court, High Court and First Instance).

So far overall court achievements from CLA against ANFI

• pay-outs to our clients from ANFI cases so far 1.133.560,06 €
• won cases ( all closed and ready for executions ) in the Supreme Court , High Court , and First Instance Courts with orders against ANFI for payments are 3.269.547,02 €
• On top of this CLA has 323 live cases in court and 279 soon to be presented.

So contrary to the spin Anfi try to put on all this, the courts are finding for clients, with Anfi having to lodge the money with the courts. The truth is out there for all to see, not just against Anfi but other resorts as well.