Browse Category

Update

The Tuesday Slot with Irene

Cameron House on the banks of Loch Lomond, a luxury 5 star spa resort, which also has timeshare interest at Cameron Lodges, was the scene of a tragic fire yesterday. Details of how the fire started have yet to be determined.

It has been reported that two people have died, they had only just married on Friday, it has also been reported that their young son was rescued by a firefighter.

Inside Timeshare and our readers offer our condolences to the family.

Judge Rules in Favor of Diamond Resorts in Billion Dollar Lawsuit

Plaintiffs did not opt out of the arbitration clause

Top Producer Sues Diamond in Hawaii Court:

Mary Bowling: An Accidental Whistleblower  

dollar gavel

By Irene Parker

Tuesday, December 19

A federal court judge in Nevada ruled in Diamond Resort Internationals favor in a lawsuit alleging thousands of elderly consumers were sold by deceptive and fraudulent means. The ruling is a lesson to consumers on the importance of opting out of DRI’s arbitration clause within thirty days of signing a Diamond timeshare contact. According to several lawyers I contacted, DRI has one of the only timeshare contracts that contain a class action ban, forcing arbitration. Arbitration rulings are binding and private.

Attorneys for Plaintiffs Ilona and Lester Harding argued the contract language, stating buyers could opt out of arbitration, was ambiguous, as the Harding’s contract stated they had 30 days to opt out, but the contract did not state when the 30 days began. After the lawsuit was filed, Diamond amended their contract. It now reads, “Buyers can opt out of arbitration 30 days from the signing of the contract.” An appeal is being considered. Our February 1, 2017 article describing the lawsuit:

http://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/

Arbitration clauses made headlines recently when Congress, in a tight vote, reversed a July 2017 Consumer Financial Protection Ruling that would not allow arbitration clauses to bar consumers from joining class-action lawsuits.

In an October 24 Inside Timeshare article we examined arbitration. Taken from Chris Parker’s City Pages article, Minnesota Attorney General Lori Swanson said, “Though arbitration may sound preferable to the expense and anguish of court, it hands a major advantage to companies. The costs savings aren’t much: Arbitrators usually charge $300-$400 per hour minimum, and some bill into the thousands of dollars. But arbitration clauses typically bar the consumer from joining class-action suits. The strategy has emboldened fraud on a massive scale. City Pages “The Plot to Kill Consumer Protection”

http://insidetimeshare.com/tuesday-slot-arbitration/

Former DRI Top Producer Mary Bowling Sues Diamond Resorts 

In a separate lawsuit filed in Hawaii District Court November 17, 2017, Diamond fired former top selling agent (#2 nationally) Mary Bowling due to customer complaints, but Ms. Bowling alleges she was fired for refusing to travel from Kauai to Florida to receive an award. Due to her disability, she could not endure such a long flight. Ms. Bowling states in her complaint, there were customer complaints directed against other sales agents, but they were not fired. Inside Timeshare (as of December 16) has received 231 Diamond complaints from our readers of which 221 allege they were sold a timeshare by agents employing deceptive practices, so Ms. Bowling’s allegations do not come as a surprise to Inside Timeshare. Over and over the complaint begins:

“Oh, you should have been invited to a dinner!”

“Oh, you should have received a letter!”

Navy computer technicians George and Amanda Jones have allowed us to use their Diamond experience as an example, but first, here are excerpts from the lawsuit filed by Mary Bowling. Ms. Bowling alleges deceitful practices are endorsed and encouraged. It is the opinion of Inside Timeshare Diamond is not alone in employing such tactics. We have received complaints directed against several major timeshare companies.

Interestingly, Mary Bowling is suing, not because of deceptive sales, but because she was terminated when no one else was. She applied for FMLA 2-12-16 and was terminated 2-15-16.

Case 1:17-cv-00562-DKW-RLP filed in Hawaii District Court

Page 10 of complaint

#43 Owners Update is deceptive because it is to sell points.

#44 Customer is told the current “list price” but the agent has to see someone else.

#48 the sales agent has customer sign a form indicating they were updated and the agent has to have the manager sign off.

#49 the sales manager has reviewed all prior customer contracts and the manager falsely states the customer was given a “price freeze” but none exists.

#50 (In bold) because of the “price freeze” only today can the customer buy for the discounted price.

#51 (In bold) the price given is the real price planned from the outset.

#52 the “price freeze” never existed because (a) The special deal available to this customer only is available to anyone and (b) Urgent to buy only for today

#54 this is lucky news for the customer – brand new information!

#55 the sales agent waits for the customer to “step in”

us navy

By George and Amanda Jones, Navy computer technicians

We contacted Irene Parker at Inside Timeshare because we are angry about what the sales agents in Virginia and Orlando told us about refinancing. We are asking both of our loans be cancelled and all monies refunded. We knew we could not afford this vacation product at the interest rate being charged.

January 2017 we purchased 7500 Diamond points at Virginia Beach Ocean Air

Purchase price $28,200

Loan Balance is $24,163.36 and the interest rate 15.99%

Sales agent Tony Jones said we would be able to refinance the loan. He told us there were refinancing companies that specialize in timeshare. We have since learned banks don’t finance timeshares. We had questions and planned to refinance but decided to wait until the orientation. We had a bunch of questions but Tony never answered the phone.

(Note from Irene: In bold are statements George and Amanda say were made to them, supporting Ms. Bowling’s allegations. Diamond’s response, identical to other timeshare companies, was to produce their initials and signatures found throughout the contract, allowing timeshare sales agents to say anything under the sun to sell points.)  

In Virginia Tony said the price we paid was the normal price. We paid $3.76 per point.

We went to an orientation in Orlando at DRI Resort Mystic Dunes March 2017

Sales agent Jonathan Pineda (This is the second complaint Inside Timeshare has received from our readers directed against Mr. Pineda)   

4000 points purchased for $15,732

Loan Balance $13,271.16 at 18.6794%

Like Tony told us, Jonathan said both loans could be refinanced and combined because other companies specialize in refinancing timeshares so it would be no problem to contact one of them after we made our first payment. When I asked for the name of a company, Jonathan said we could just google it.

We were told we were buying the second purchase in Orlando at a price point that was almost unheard of and was not being offered to any new Diamond customers right now. “I can’t believe your first sales agent didn’t tell you about this price point from the first purchase!” Jonathan said.  Jonathan said if we did not buy that day we would lose out on this price and we would go from $2.85 price points to $10 from that day on if we did not buy that day. From this point forward if we ever went to an annual update without the intention to buy we would have to pay $10. He said don’t go to any future promotional events because it would change our price point. Jonathan said parents had died so the children did not want the points so DRI was reselling at this low price. He said DRI broke the points up into smaller portions.

Jonathan said that we needed to get to Gold so that we could pay our maintenance fees with points. We have since learned only Platinum members can use points to pay maintenance fees at $.04 per point. He said it would be worth it to spend all our savings so that we would not have to pay maintenance fees. We were not comfortable so we only bought 4000 points, which still depleted our savings.

We did not have our member number so we could not even get online (Numerous complaints made by DRI and other timeshare company members, illustrate how the rescission period is dodged.)

Thank you to George and Amanda for sharing their story and to Mary Bowling for coming forward. Inside Timeshare has heard from six active duty or retired military. Scotty Black, MS Criminal Justice, is in law enforcement. Scotty also alleges he was duped by a DRI sales agent. Scotty is one of our advocates. He forwarded Mary Bowling’s complaint to Inside Timeshare. These are people who put their life on the line for us. When service members are forced into foreclosure it can jeopardize their security clearance.

US military

Inside Timeshare did not realize we were launching a new Timeshare Wars series when we published former Marine Jeff Diehl’s “Grandview at Las Vegas” Vacation Village story or former Army Terry Carter’s “Another Military Family Wages War against Timeshare” Bluegreen experience. Thursday retired army Samuel Melendez and disabled veteran Karen Varten share their story.   

http://insidetimeshare.com/fridays-letter-america-30/

http://insidetimeshare.com/tuesday-slot-irene-2/

Inside Timeshare has also interviewed or heard from three former DRI sales agents, one manager, and two senior managers supporting Ms. Bowling’s allegations. This former Diamond timeshare agent shares her experience:

“Another reason people don’t leave the room is because in many instances the sales agent has used influence/manipulative tactics to build trust with the customer. One sales manager at another timeshare company told me to order a copy of The CIA Document on Human Manipulation. Many times the sales agent does not even know what is in the contract or how the program really works and is just repeating the jargon given to them by management to get the deal done. In my opinion, management is well aware of the deceit preying on the goodness of people. These corporate contracts, protected by the oral representation clause, are like putting a baby in with a lion.”

Inside Timeshare reached out to Diamond Resorts for comment. The company did not respond.

Social Media is allowing members to talk to other members. If you have a timeshare concern, contact Inside Timeshare or one of these self-help groups.

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/

united

Thank you Irene for that very informative article.

Now for some latest news from Canarian Legal Alliance, who have announced another two rulings against Anfi from the Court of First Instance in Maspalomas.

Their clients contracts have both been declared null and void, with one client being awarded over £16,000 including over £5,000 in maintenance fees and legal interest. The second client will receive over 29,000€ plus legal interest.

As you are all aware the CEO of Anfi José Luis Trujillo has been sending letters out to members in an effort to discredit CLA, below are some figures showing the number of new cases with what has been paid out and what is waiting to be executed by the courts.

  • 430 new cases against timeshare resorts in 2017
  • 107 of them against ANFI
  • 77 SUPREME COURT victories against various timeshare  resorts (Spanish legal History ),  32 of the SUPREME COURT victories are against ANFI
  • 1,210,169.11€ in pay-outs already received  by our clients from ANFI
  • 5,516,694.81 €-  already won in the courts against ANFI and ready for executions

It just seems ridiculous that the CEO can deny that Anfi is losing in the light of these figures which are verifiable from the courts themselves.

If you require any further information about this or any other article, contact Inside Timeshare and we will be pleased to help.

Just in from Madrid Supreme Court

The Supreme Court has just ruled for the 78th time, on this occassion it has been against the Tenerife company Silverpoint. The court has declared the contract null and void, awarding over £7,000 plus legal fees and interest to a British client.

 

How to File a Timeshare Complaint: Revised

How to File a Timeshare Complaint

Revised December 15, 2017

Start with the FBI if a victim of a “bait and switch”

fbilogo

By Irene Parker

Inside Timeshare has received 238 US timeshare complaints (135 since our last complaint form revision 9/17). An escalation in the criminal nature of allegations, especially, voiced by nine active duty and retired military, led us to the FBI. If your timeshare experience has met the FBI’s definition of white collar crime, financial institution fraud, the FBI’s appropriate guidelines are described below. I followed their recommendations after speaking with two FBI intake workers and two FBI agents over the past year. According to the FBI website,

White-collar crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.

These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three).

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

https://www.fbi.gov/investigate/white-collar-crime

Mortgage fraud (which is the option timeshare buyers fall under) is a subcategory of financial institution fraud known as “fraud for profit”:

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases.

“The 3Rs or F of Timeshare” allowing the beleaguered timeshare member to put a bad decision in the rear view mirror are:

  • Resolution
  • Relinquishment
  • Refund
  • Foreclosure

http://insidetimeshare.com/part-ii-three-rs-timeshare/

The most common complaint:

  • The agent said I could sell my points

The backend of timeshare fraud has been widely reported, but there has been little attention paid to the front end. This US Department of Justice timeshare scam report details the extent of the fraudulent resale industry. Many of our Advocates feel the front of the timeshare sale contains a comparable level of criminal activity, based on 223 of our 238 complainants alleging they were victimized in a way that meets the FBI definition of financial institution fraud.  

https://search.justice.gov/search?query=timeshare+scam+report&op=Search&affiliate=justice

How to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract or for the contract in dispute:

Where Purchased and Date of Purchase

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Amount Financed and Interest Rate

Current Loan Balance

Loan Number

Current Maintenance Fees

Name of Credit Card (if one was used)

What do you want? Do you seek Refund or Relinquishment?

Why? Is it due to Deception, Health, Age or Financial Burden?

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment.

Complaints expressing dissatisfaction with general availability will go unheeded, as will a request based on not being able to afford the timeshare. The FBI complaint should be filed only if there are credible allegations of deceit and bait and switch.

MOST IMPORTANT – Purchase Timeline

It is better to state your narrative as a narrative referring back to the contracts and figures at the top of your complaint. Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong.

The most common allegation is bait and switch. If you feel you were deceived, list the reasons why.

How Advocacy Works

Email Inside Timeshare your complaint if you would like to talk with someone about your concerns. Before you begin, raise your right hand. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? It is important to present your information factually and without opinion or inflammatory language.

Consider becoming a volunteer report writer if you have reporting experience.

If you have questions about this form, email Irene Parker

[email protected]

Cell – 270-303-7572 EST Feel free to call any day of the week from 1:00 to 5:00 PM EST or email to schedule a call. All calls and emails are returned within 24/48 hours. If you do not receive a response to your email, please call.   

Our advocates are not attorneys and we do not provide legal advice. We have researched regulatory agencies and are here to direct consumers to the appropriate regulatory and law enforcement agencies listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events, such as a hurricane, can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel hostage to their vacation plan. Contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market.

http://www.licensedtimeshareresalebrokers.org/

After you complete your complaint, email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, produce your initials and signatures, point out the oral representation clause or inform you, “If something was important to you, you should have asked for it to be put in the contract.”  They may conduct an investigation and report back that the sales agent(s) denied your claims. File a rebuttal if you disagree.

Depending on the nature of your complaint, especially complaints directed against an agent with multiple complaints on file, an Advocate may file your complaint on your behalf with the firm’s public relations office and ARDA, the timeshare lobby, for violating ARDA’s Code of Ethics. ARDA’s Code of Ethics can be found on ARDA’s website. We do not recommend owners make the voluntary opt in or opt out ARDA ROC contribution on your maintenance fee invoice for ARDA ROC (Resort Owners Coalition). ARDA is basically a PAC that lobbies for the industry when the issue is one that is at odds with members. We will also inform NTOA (National Timeshare Owners Association) and the bank that financed your loan or issued a credit card through the Consumer Protection Bureau online complaint form. By having the Advocate file on your behalf, we can track complaints, documenting patterns of criminal behavior.

Mark your email to the resort urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. It may take up to 30 days to hear back from the resort. If you feel you were a victim of deceit and bait and switch, give the resort a week to respond before filing regulatory complaints.

The member will report back to us with a positive or negative outcome. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed. Just report a positive outcome or resolution.

Once the resort denies your claim begin filing complaints with regulatory and law enforcement agencies beginning with the FBI if you feel you meet the definition of white-collar crime. There are three ways to report to the FBI. We recommend calling the nearest field office after filing with IC3.gov. Filing online will help you organize your thoughts.

https://www.ic3.gov/default.aspx

You can find the nearest field office from this website.

https://www.fbi.gov/contact-us/field-offices

The FBI assigns Financial Institution Fraud the highest priority.

The next step is to file a complaint with the Attorneys General of the state where you signed your contract, where you live and where your resort is domiciled. It can take a month or more to hear back from an AG, but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state name and Attorney General.

If there was an unauthorized credit card charge or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. One common complaint is that the buyer was told they could get a lower interest rate from a bank or credit union. File with the CFPB only if there is a loan outstanding or a credit card was used.

https://www.consumerfinance.gov/

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. The Advocate can help you if you don’t know the agent ID number. Timeshare sales agents are real estate licensed in most states.

File with the Better Business Bureau, although the company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints.

Most importantly, consider reaching out to local or national media. Reporters look for content and are surprisingly easy to reach. Write an article about your experience. The more people who come forward, the more the public is made aware of pitfalls before engaging in a timeshare sales presentation.

Our “Chicken Soup for Timeshare’s Soul” Inside Timeshare article is linked at the end of this article explaining what to expect or not expect when you file with a regulatory or law enforcement agency.

Summary of Regulatory and Law Enforcement Agencies

  • The FBI at IC3.gov portal, if you feel you were deceived by a bait and switch, and then contact your nearest FBI field office to file an oral tip.
  • Attorneys General where you signed, where you live and where the resort is domiciled. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed, if your complaint is against the agent. “Right-to- use” membership programs are not defined as real estate, but the agent is typically a licensed real estate agent.
  • ARDA if you feel ARDA’s code of ethics has been violated.
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option, selecting the bank that issued the travel credit card or financed your loan.
  • The Federal Trade Commission – due to lack of secondary market
  • The Better Business Bureau
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence, which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.

If this sounds like a lot of work, it is, but you can file with some, all, or none of the agencies. We feel “Action and Advocacy” is the way to change questionable timeshare business practices. Change requires volumes of complaints.

What to expect from regulatory agencies

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

If you are granted a positive outcome, you may not say or write anything disparaging about the resort, but there is no harm in staying involved by referring timeshare members to Inside Timeshare.

Who We Are and Why We Do This

The timeshare industry is wealthy and powerful, able to influence politicians and Attorneys General. Timeshare owners typically are struggling with maintenance fees, unorganized and alone. Venting on complaint sites has no effect whatsoever.

There are a number of timeshare members and non-timeshare member advocates working behind the scenes to assist in the complaint process. If all else fails, we will refer an attorney if the member can afford one. If you are forced into foreclosure, but have an otherwise unblemished credit report, you can write to the credit reporting agencies in an effort to explain why you were deceived and why you were not able to resolve your dispute.

After retiring from Edward Jones working as an Investment Representative, I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency, and deceptive timeshare sales.

  1. The abnormal becomes the normal. After hearing 238 complaints, we fear deception is endorsed and encouraged by some timeshare companies. I have interviewed twelve current and former timeshare sales agents and managers. I’m told making false claims is called “pitching heat” or “No Heat, No Eat”. Of course not all sales agents are dishonest. We hear primarily from buyers seeking assistance when victimized by unscrupulous agents. Inside Timeshare endorses Disney because of their scarcity of complaints.
  2. Victims are silenced and isolated via non-disclosure agreements and arbitration. Encourage those considering the purchase of a timeshare to opt out of arbitration. This must be done normally within thirty days of signing the contract. Non-disclosure is appropriate in the case of a settlement, but when a family receives nothing after an alleged bait and switch, after spending $5,000 to $500,000 or more on a vacation plan, not allowing the victim to say anything disparaging about the company seems harsh. We receive many calls about this clause.  

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. I am not compensated by anyone. Our Advocacy group is composed of volunteers. We hope there will come a day our Advocacy Group is not needed.

Self-help groups seek to provide 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/timeshareadvocategroup/

http://tug2.net/

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

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

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

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

get involved

December 15, 2017 Irene Parker Timeshare Advocacy Group™

 

Los Claveles: Opposition Press Release

Inside Timeshare has received the following press release from the Los Claveles opposition, we publish in the interest of neutrality, as we have said before, both sides must be able to voice their opinion.

You may not agree with the content, that is your prerogative, but it does call for all sides to come together and settle this dispute for the benefit of the club.

los claveles opposition logo

PRESS RELEASE

Los Claveles report a record surplus

While the dispute rages on, setting owner against owner, Señor Germán Castro, the Managing Director of WimPen has written to all Los Claveles owners with the latest set of accounts showing a record income and a record surplus.

He also offers an olive branch to owners and says, “We are also the first to want an AGM to be convened of all parties, so that everyone can be summoned and vote, and so that everyone can have the right to offer their candidature to become members of the Committee and propose agenda items, for the benefit of all Club members, so they can decide on their administrator and their future. WIMPEN will be the first to respect this decision, provided that everyone can freely and democratically exercise their right to vote and that an impartial external moderator is appointed to preside over said AGM”.

“This is exactly what we need,” says Roger Barrow, who heads up the working group opposed to the way the current committee are handling the dispute. “This is the only way to get a resolution to the dispute without building on the mounting legal costs for all sides. We believe the current chair and committee are leading us up a path to disaster, and we need a way out”

Sue Mackenzie, the working group’s accountant said, “Snr Castro reports that the reserves have grown 119% in the period 2013 to 2016, an astonishing result in these days of struggling timeshare resorts.  Ivan Pengelly’s decision to sell his shares to OnaGrup, who he judged were best placed to improve the community’s income, has been fully justified.”

“It is notable that in 2016 for the first time, it has not been necessary to make a provision for bad debts. Costs have remained level over the whole period, with the exception of the massive legal bill for legal; services and arbitration of over £100k of owners’ money, created by the committee’s actions”, continued Sue Mackenzie.

“With the exception of Los Claveles, all the other WimPen resorts AGMs have agreed a new 3 year contract for WimPen with an overwhelming majority” adds Roger.

So what happens now? A decision on the appeal is still awaited, and there are legal proceedings in Spain to be resolved. All this is going to take time and more expense. “Have owners approved these legal costs?” asks Roger, “On whose authority was this expenditure agreed? We need this full general meeting very soon, then we can all settle down again and enjoy our holidays at Los Claveles.”

Señor Castro ends his letter to owners wishing all a Happy Christmas and saying, “We ask you all to think of the Club and create a prosperous and positive future where everyone can enjoy their holidays, without conflict and in a friendly atmosphere.”

Inside Timeshare calls on all concerned parties to take heed and make the right decision to get together and discuss this matter and resolve it for the benefit of all club members. Only you can do this.

come together

Friday’s Letter from America

It’s Fridayyyyyyyy! So welcome to another Friday’s Letter from America, Irene once again looks at Customer Service, this time with a positive outcome. But as usual a quick round up on timeshare news in Europe.

One of our long standing readers has sent in the following information, it concerns a long running dispute many owners have been having at Club Jardines del Puerto in Puerto Banus. Costafield Management have pulled the plug on the club 3 years early. It will close on 31 December 2017, after this no members will have any right to occupy.

It looks as though FNTC will be selling off the properties, they will also have to comply with the constitution which demands a 50/50 split between members and the developer.

Our reader also asks this question, How can a small thriving club in the centre of one of the most popular prestigious resorts in Europe become “financially unsustainable”?

More on this as we get the news.

The same reader also asked if we knew anything about MRL (MacDonald Resorts Ltd) taking owners to court for alleged unpaid maintenances fees in Manchester. At present we have found no reference to this in the press, although it must be said that cases of this nature do not tend to be publicised. But knowing the reputation of MacDonald Resorts, we would not be surprised in the least.

Further to the article about Anfi, yesterday saw 2 new sentences from the courts against Anfi.

At the Court of First Instance No 2 in Maspalomas, the judge declared the Anfi contract null and void. He also ordered the return of over 32,000€ plus legal interest.

The second sentence from the Court of First Instance No 1 in Maspalomas, also declared the contract null and void with the return of over 19,000€ plus legal interest.

So contrary to what Anfi say, the courts are finding against them, invoking the Supreme Court rulings, of which there are now 77, 32 against Anfi.

On the story of Los Claveles, there are now some very interesting comments being posted. These are measured and put forward opposing arguments in a sensible manner. Inside Timeshare welcomes these, but will not tolerate abuse or accusations against named people, especially ones of a criminal nature. Inside Timeshare has given a neutral forum for this debate, in the hope that an agreement can be reached. It is up to you the members to come to this agreement.

Now for this weeks Article from Irene Parker.

Grandview at Las Vegas – a Vacation Village Resort

A Positive Customer Service Outcome

cust serv

By Irene Parker

December 8, 2017

Was this a customer service representative showing compassion towards a former Marine, or a willingness on the part of Grandview at Las Vegas to support their customer over their own sales agent? Either way, it was a first for me in the way Grandview handled a timeshare owner alleging they were victimized by deceit and “bait and switch”, which may allow this timeshare buyer to put a wrong decision in the rear view mirror. Grandview is part of Vacation Village/Eldorado Corporation owned by The Berkley Group.

Jeff Diehl contacted Inside Timeshare asking for advice concerning his two bedroom unit at Grandview in Las Vegas purchased January 2017, alleging he was fraudulently sold by a sales agent making exaggerated claims. What was unusual about Jeff’s report is the specificity. Many complain saying they were told they can rent their unit or points for income, but Jeff knew the name of the sales agent, Marylou G, the specific amount promised – $2,000 to $2,500 per week for his fixed week and for eight more weeks using their equivalent 80,000 points. Jeff had told Marylou this was the only way the family could afford the week. After researching on TUG, there was no evidence to support a rental price of $2000 to $2,500 per week.

Rather than leave it at what Jeff had been told about renting, I advised Jeff to do a little research by checking TUG Timeshare Users Group to find out what a Grandview week would bring in rental income. Jeff found only one rental ad for $525 that had been listed since March 26, 2017, with no response.

After Jeff wrote out his complaint, I called the number listed on Grandview’s Better Business Bureau’s report and spoke to a Grandview representative. At this point, I am usually told the resort cannot talk to me so I was surprised the agent asked if I had a loan number and a phone number for the owner. I did. When I explained all of the above to the representative, she said she would call Jeff. I emailed Jeff and told him the name of the representative who said she would call. What usually happens next is one or two weeks of being ignored passes, prompting Better Business Bureau and other regulatory filings.

wow

A first! The representative called Jeff the next day informing him his loan would be cancelled.

As I mentioned, Jeff is a former Marine. He is also disabled. The specific data Jeff provided made it difficult to deny the sales agent told him something that was not true. This would not have prevented any timeshare resort from pointing to the oral representation clause found in the fine print of a volume of documents that allows a sales agent to say anything under the sun to close a deal. To soften the blow, some are told, “If something was important to you, you should have had it added to the contract,” perpetuating the hamster wheel called recycled inventory, as described by one former timeshare sales agent.

Jeff should not have to proceed to the next step which would have involved filing complaints with any or all of the following:

Jeff had initially included predatory lending in his complaint saying,

“Just a quick note to say that the reason I included predatory lending in my complaint, is that the definition of this type of lending says, that when a lender makes a loan to a consumer who cannot afford the loan, in order to benefit themselves, but harms the consumer in the process, this is predatory lending. So, I believe you misunderstood why I included the 17.9 % loan rate.”

I informed Jeff that all timeshare sales agents sell timeshare in this fashion so making this part of his complaint was meaningless.

Jeff also is demanding monies paid be refunded as he alleges the timeshare was sold by deceit, violation of trust, and “bait and switch” meeting the FBI’s definition of White Collar Crime Financial Institution Fraud. At the time of publication, Jeff had not yet heard if his monies paid would be returned, as he would have to contact the corporate office, which Jeff plans to do.  

Before we place Vacation Village up there with Inside Timeshare’s favorite timeshare, Disney, more due diligence is required.

Vacation Village has a Better Business Bureau rating of F. Two sources tell us The Berkley Group is being investigated by the Florida Attorney General’s office. According to Berkley’s LinkedIn page, “The Berkley Group is a private timeshare resort development firm owned by more than 2,000 company employees. Under its Vacation Village Resorts and Affiliates brand, The Berkley Group has generated a worldwide owner base that exceeds 500,000 families.”

https://www.bbb.org/south-east-florida/business-reviews/timeshare-companies/vacation-village-resorts-in-fort-lauderdale-fl-4003645/reviews-and-complaints

Grandview at Las Vegas, owned by Eldorado/Vacation Village has a BBB rating of B, so maybe this resort is trying to improve its customer service.

https://www.bbb.org/southern-nevada/business-reviews/resorts/grandview-at-las-vegas-in-las-vegas-nv-66863/reviews-and-complaints

Remember: BBB ratings are not a guarantee of a business’s reliability or performance.  BBB recommends that consumers consider a business’s BBB rating in addition to all other available information about the business.

https://www.bbb.org/council/overview-of-bbb-grade/

Inside Timeshare has heard from 227 timeshare member readers, of which 212 allege they were sold a timeshare by deceit and bait and switch. If you need help or just the support of others in your situation, here are some member sponsored self-help groups:

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

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

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

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

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

roundabout

Thank you Irene, at least this is one family that has had a positive outcome.

On Tuesday we will publish another article from Irene, this is titled:

Another Military Family Wages War against Timeshare

Will Bluegreen Honor those whose sacrifice is so great?

This is a short but hard hitting article, it shows the disgusting lengths sales agent will go just to “close a deal”. For those who are ex-serviceman or those who support them, you will find this article will make your blood boil.

That’s it for this week, if you have any comment about this or any other article published, Inside Timeshare invites you to send it in.

If you need help with any timeshare matter, or just need to know which firms you can trust, Inside Timeshare will be pleased to help.

Have a great weekend and see you next week.

friday dog

 

The Tuesday Slot with Irene

Welcome to the first Tuesday Slot with Irene of December, this week Irene gives an update on an article from October, but first some important news from Europe.

Last week Inside Timeshare had some unconfirmed news on a raid in Tenerife, which we did not publish, this was against the offices of Mark Rowe’s enterprise there. This week news came out of raids at his businesses in the UK By Trading Standards, so this could just verify the Tenerife news.

This raid follows an investigation by the “Scambuster Team” of Trading Standards, offices of around 22 Mark Rowe companies were searched, employees questioned and documents removed for further investigation and as evidence if any criminal charges are brought.

trading standards

Among those raided were ABC Lawyers, Glenmore Consultants, Monster Rewards, Jive Hippo (replacement for Monster Credits) and apparently the TCA (Timeshare Consumer Association). The raid in Tenerife would most likely have been Hollywood Marketing SLU.

It looks like we will have to wait until the new year before we know the outcome, this follows the news last month of another enterprise EZE Group, where the directors and owners Dominic O’Reilly and his daughter Stephanie O’Reilly pleaded guilty at Birmingham Magistrates of “Aggressive” sales tactics and “Coercion” with their product EZE Credits. They are to appear at Crown Court on 15 December, whether they will be sentenced then or just remanded on bail until the New Year remains to be seen.

Now on with the article from Irene Parker.

TARS – Timeshare Advisory and Resolution Services

An Honest Timeshare Exit Program – Who knew?

TARS Limited Term Deed Program – A Monthly Update

case

By Irene Parker

December 5, 2017

In October Inside Timeshare featured the launch of TARS TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC new “limited term deeded” program.  “Consumers enjoy all the “pros” of traditional timeshare and none of the “cons”, plus even more benefits,” announced TARS President and General Counsel, Martin M. Kandel.

http://insidetimeshare.com/fridays-letter-america-24/

The limited deed/limited fun program is geared toward fixed week resorts, but the same strategy could be implemented by major timeshare point sellers, solving the problem a timeshare owner faces when life changes and now they own a vacation product they don’t want, they can’t afford, and can’t sell. TARS could eventually neutralize resale and listing scams. Scam revenue would turn into new buyer revenue which would be a win-win for everyone except the scammers.

https://search.justice.gov/search?affiliate=justice&query=timeshare+report

Inside Timeshare has received timeshare complaints from 223 readers (176 when the October 26 article was published). Members sometimes describe catastrophic financial distress when denied a release.

I asked Dennis F. DiTinno, CEO and President of the Liberté Management Group of Companies and Chairman of TARS to provide an example of how the limited deed works. “The TARs program offers the member an option to purchase a limited term deed for five or ten years. The term will be the decision of the Associations, but we would not recommend any term less than three years. We feel the five year plan best suits the Association and the owners. The design is to utilize the units’ maintenance fee costs with an increase annually to make the tax repercussions better for the Association – a major savings, but each unit in each resort would be different,” Dennis explained.   

All Seasons Vacation Resort in Madeira Beach and the Voyager Beach Club Treasure Island are the first to launch a TARS program. TARS had just signed up their first sale when we first talked to Dennis and he said other owners told him they would be glad to sign up when they returned home.

The example Dennis provided was for a Voyager unit with an annual Maintenance fee of $510. A five year limited deed could be purchased for $6,000. The now former perpetual deed owner becomes a limited deed owner. At the end of five years the term is up and the unit reverts back to the HOA.         

At this point skeptics raise their eyebrows. Wait! A $510 annual maintenance fee turns into $1,200 a year or $171 a night for a seven night stay? The Liberté website offers a one bedroom gulf view for $1,053 a week. So the limited deed would cost the member $735 ($1,200 – $1,053 = $147 x 5 years).

One timeshare insider suspects it’s a crafty upfront scam. I know Dennis and Martin Kandel so I have no concerns there. Another insider I contacted voiced a concern about what would happen if TARS went out of business. Liberté has been in business 35 years managing seven fixed week resorts and brokers resales and rentals as well. Liberté is a member of the Licensed Timeshare Resale Broker Association.

Dennis received a great congratulation from one timeshare advocacy organization, told this can be a huge positive change for the industry. Dennis also spoke with Robert Follis at the Florida Attorney General’s office who also saw the program as a solution to many problems.  

When I called Voyager, I spoke with M J Hassall, also with Liberté, who expressed great enthusiasm. “Every owner is unique so we provide a one on one presentation. One obstacle is convincing owners this is not just another ruse to get them to buy more weeks. This really is important information they need to know about. We have presented the plan to about 15 members with about 50 percent in favor of the program,” explained M J.

“In conjunction with select strategic partners, TARS will provide an a la carte menu of products and enhanced services designed exclusively for the legacy market segment. One of the partners is Let’s Go N Travel,” M J added.

This led me to Let’s Go N Travel which will be the subject of January’s monthly TARS update. I spoke with Chip Langdon at Let’s Go N Travel. Chip described Let’s Go as a Vacation Club boasting 450,000 members. More on how this fits in with TARS later.  

https://www.facebook.com/4life4less/

TARS provides a new way to address old problems (www.tarserv.com) in an effort to provide legacy resorts with a means to maintain their resorts for a decade or more in order to plan for robust continuation or an orderly repurposing of the resort and its timeshare program. This would seem a concept owners need to wrap their heads around, as they may not have yet thought about an exit or even if they need one.

Thank you to all at TARS for their help as we learn more about this evolving program. As a former deeded fixed week owner, I can see spending the extra money on something I enjoyed for 30 years, paying an extra $735 spread out over five years to be done with it without the hassle of dodging scams or waiting for an over supplied product to sell. As with any product, if it meets the needs of the consumer, it will sell itself. Timeshare does not sell itself. It is product that has to be “sold” and often requires six to eight hours of brow beating, “pitching heat” and deceit, according to 220 of our readers. We hope, working with developers, such tactics will diminish. We know there are good timeshare sales agents out there selling the product the way it should be sold. Inside Timeshare endorses Disney for their scarce complaint record.

Inside Timeshare will publish a monthly resale recycle report to follow along as TARS progresses. I still need to call my favorite fixed week timeshare people at Port Elsewhere in the Missouri Ozarks and Maui Hill at Maui Lea to hear what they think.

 Liberté

At least this provides a positive topic members and developers can agree on – the need for an honest timeshare exit to shut off the scam valve.  

http://resorttrades.com/timeshare-advisory-and-resolution-services-llc-tars-and-the-liberte-management-group-join-to-expand-services-for-legacy-resorts-and-owners/

Irene will be keeping us updated on a monthly basis on TARS Limited Term Deed Program, could it be that there is some honesty in this industry called timeshare? Only time will tell.

Other news coming in from the US is the link up between ARDA (American Resorts Development Association) and Europe’s RDO (Resorts Development Association). It has been rumoured for sometime that the RDO is what you might call “strapped for cash”, well they have this year lost one of their major members, Silverpoint. Could this link up be the saviour of them?

Kwikchex has also laid out the scope of its new mission, running the “Timeshare Helpline”, on behalf of the RDO, which replaces the disgraced and bankrupt TATOC. As we know TATOC was supposed to be an independent body representing timeshare owners through their committees, but under the leadership of Harry Taylor, they did the bidding of their benefactors. These benefactors were the industry and RDO members.

So the question is if the new helpline is run by Kwikchex and the Timeshare Task Force, paid for by the RDO, how can it be independent and on the side of the consumer?

Have Trading Standards and other Authorities been taken in by them, the same way as Citizens Advice Bureau were taken in by TATOC?

Inside Timeshare leaves you the reader to draw your own conclusions.

Remember

“Non enim videtur”

“Not all is as it seems”

Start the Week

Welcome to the first article of the new week, over the weekend the debate on Los Claveles has seen the opposing views getting rather heated and personal.

One reader who is an owner at Los Claveles has sent in the following response to the article published on 30 November. Inside Timeshare has agreed not to publish the writer’s name and abide by his wishes.

His response is well written, it lays out his view on the situation in a clear and precise manner, giving a very good opposing argument.

Response to The Opposition View

The “Press Release” submitted by Mr Barrow, who is a director of the WimPen Holding Company at Las Casitas and has a long term family association with Mr Pengelly, is deeply flawed and highly questionable regarding the title “Los Claveles Club” which is a misrepresentation of the Official “Club Los Claveles” as defined in the Club Constitution. It takes no account of the unique ownership structure, governance and committee-led stewardship of the resort over many years that has resulted in the resort being financially strong, in sharp contrast to other former WimPen resorts. Without going into all the details, Mr Pengelly’s handling of the sale of the Los Claveles management contract to Onagrup is widely recognised as having been lacking in judgement and consideration for the owners, and disrespectful to their elected representatives in the weeks following the sale. Since then, Mr Pengelly has presided over flagrant abuses of statutes and constitutional frameworks  governing the community of owners at Los Claveles; disregarded a petition calling for his resignation and a vote of no confidence in him at the 2016 Escritura Community AGM, which he refused to accept (as a result of which ALL the owners left the room, except for 3 owner couples, calling the meeting illegal). In addition Mr. Pengelly has practised non-compliance with arbitration orders and awards; turned a blind eye to the physical assault of the Club President and intimidation of Club Members by an Onagrup employee; condoned false accusations of fraud being made by Onagrup to the Spanish Police against the Club President and Chairman; and allowed the unlawful sacking of long term staff members. As a result, his once decent reputation in the timeshare industry is now in tatters.

For the record, the notice of termination given to WimPen for Club Los Claveles on 31 March 2015 was not a “knee jerk reaction” as described by Mr Barrow but a considered decision precipitated by the arrogant attitude of Onagrup to the Club Committee and a flagrant disregard of the Club Constitution regarding rental policy.  It was a unanimous decision by elected committee members in response to the representations made to them by hundreds of concerned owners in the 2 months following the sale to Onagrup, and was also supported by the Escritura owners’ representative. Mr Barrow’s representation of this decision being based on the Club Chairman’s casting vote is wildly inaccurate and misleading. The notice of termination made provision for Club Members to have the final say at the subsequent AGM in June 2015. This was heavily influenced by the contribution of one single owner, a commercial lawyer by profession. He raised such fears in the minds of those attending that they would become personably liable for damages in a breach-of- contract claim from Onagrup that many changed their mind and voted not to risk that eventuality. Otherwise, the vote would have been much more conclusive in favour of the termination. This same owner subsequently changed his views and has since given his support to the committee. Regardless of this the view of Onagrup that it still held the management contract for the resort only came about because it combined the votes of both Club and Escritura owners despite the vote being taken separately. .

The issue here is not with the committee, as Mr Barrow would have owners believe. It is with WimPen, Onagrup and a minority of owners that he is now representing who are not prepared to accept the democratic constitutional process of governance of the resort. They refuse to accept that every effort was made by the Club Chairman to negotiate with Onagrup. even going to the lengths of travelling to Barcelona to meet with Onagrup senior management, prior to the members democratically voting at the SGM of January 2016 to take the dispute to arbitration because Onagrup would not agree to abide by the Club Constitution.

The situation now is that WimPen, i.e. Onagrup, is appealing the arbitration.  And much like Mr Barrow and the self-elected members of the protest action group he is leading, WimPen has taken it upon itself to illegally carry on managing Club Los Claveles without a contract which expired on 2 May 2017, claiming that it has a right to do so while the appeal is being heard. This is not so. Meanwhile, the Club Constitution is being completely disregarded by both Mr Barrow and WimPen in advocating that members should pay their maintenance fees to an illegal agent who has no contract to manage Club Los Claveles. This same agent is sending threatening letters to members who have followed the Constitution and paid their maintenance fees to the Club, refusing access to their accommodation until they pay again and blocking RCI members’ exchanges.

Marilyn Fry, who has a close, long term tie with Mr Pengelly and family, also seeks to mislead by failing to explain that owners who do not follow the Club Constitution and deliberately pay their maintenance fee to WimPen automatically place themselves in conflict with the rules governing their membership of the Club and risk being suspended. However, the Club Chairman has simply reminded the tiny minority who have taken this course of action that they are in breach of the Constitution, that they have an outstanding debt to the Club and that they have therefore placed their membership of the Club at risk. A similar tiny minority have placed themselves in the position of paying their maintenance fee twice, i.e. once to the Club and a second time to WimPen simply because they took it upon themselves not to follow the committee’s instructions, or its process for overcoming WimPen’s illegal demands for gaining access to their Los Claveles accommodation.

Equally misleading is her statement about secrecy and censorship. The committee is bound by the rules of arbitration and is therefore restricted in what it can and cannot communicate to Club Members. No member has been banned from the owners’ website, and the normal rules of moderation apply to Los Claveles social media groups. A tiny number have been suspended for failing to comply with these rules.

The solution that is supported by 90% of the 971 members of Club Los Claveles who voted at the 2017 AGM, a record high number, is for WimPen to abide by the Club Constitution and Arbitration orders and awards, and to withdraw from the management of the Club, along with the Trustee FNTC, a company that was dismissed in 2012 but also refuses to go. This will allow the members to regain control of the Club, appoint their chosen Administrator, Trustee and management service providers, and restore the loyal staff who were wrongfully dismissed under Mr Pengelly’s watch. Only then will the resort return to peaceful normality, and continued prosperity and enjoyment for the owners.

As this article was being prepared for publication, Roger Barrow sent in the following, Inside Timeshare publishes this in order to try and keep a neutral and balanced stance.

LAS CASITAS AGM:

Dear Charles

Its a good news story for those Los Claveles owners who are interested and remember the days of happy AGMs where owners have full control, with healthy, friendly debate and a great get-together in the bar the evening before.

  1. Administrators report – Approved
  2. Accounts for year to Aug 2017 – Approved
  3. Budget and proposed 3% increase in fees ( first increase for 3 years)  – Approved
  4. President re-elected
  5. Reintroduction of Owners’ Representative – Approved
  6. Appointment of Wimpen for a further 3 years – Approved
  7. Bar Franchise offered further 3 year contract – Approved
  8. Charges for more than one WiFi connection – Approved
  9. Acceleration of upgrade of Lounge/Dining room – Approved
  10. Replacement of baths with walk in shower – Approved

Four different resorts approved new 3 year contracts for Wimpen at AGMs this weekend

Regards

Roger Barrow

As you can see, there does seem to be a very wide difference of opinion between the other resorts as well as the differing opinions at Los Claveles. Inside Timeshare will continue to publish articles showing the opposing views, especially those with a clear and precise argument.

As we were preparing for publication, the following news came in from Madrid:

The Supreme Court has once again ruled in favour of a former UK client of Silverpoint, this court has once again ruled as per their previous judgements.

In this case the court has awarded back over £45,000 plus legal fees and interest, also declaring the contract null and void. This is the 77th ruling made by Spain’s highest court and leaves no doubt that the interpretation of law 42/98 is correct.

If you need any help or advice on any timeshare related matter, Inside Timeshare is here to provide it. Contact Inside Timeshare and we will point you in the right direction.

Friday’s Letter from America

Welcome to December’s first Friday’s Letter from America, this week Irene Parker examines Non-Disclosure Agreements in timeshare and should they be permitted. But first we have a look at what has been in the news in Europe.

Last month we ran the article on the court case involving Dominic O’Reilly and his daughter Stephanie O’Reilly of EZE Group, they both pleaded guilty to some very serious charges at Birmingham Magistrates court. Their case has been sent to the Crown Court for sentencing in January, it has now been reported that they will be back in court on 15 December. Whether they will be sentenced then we will have to wait and see, but if they are, they may be having Christmas dinner behind bars.

Yesterday we published an article with an opposing view of the Los Claveles saga, this has prompted some rather heated comments. It would seem that each side is accusing each other of telling lies, this is not the way forward, there will always be a difference of opinion, just because one person does not agree does not make it a lie!

Just having opposing views does not mean you cannot work together, it is your resort and that is what counts not the bickering or personal animosities.

 

The courts once again have been busy, with no less than three Supreme Court ruling this week.

tribunal-supremo

After publishing last Friday’s article it was announced that the Supreme Court had made another ruling against Silverpoint, the court awarded the client over £42,000, plus £3,000 which is double the deposit paid within the 14 day cooling off period. The client will also receive back their legal fees and legal interest.

On Monday 27 November, the Supreme Court again ruled against Silverpoint, declaring the contract null and void and awarding over £23,000 including the return of legal fees and interest.

On the same day they issued another sentence against Silverpoint. The contract was declared null and void with the return of more than £37,000 plus legal fees and interest.

It was the turn of the Court of First Instance in Tenerife on Tuesday 28 November to issue a sentence against Silverpoint, the judge following the Supreme Court rulings ordered the return of over £11,000 and declared the contract null and void.

On Wednesday 29 November the Tenerife Courts again found against Silverpoint with the return of £11,000 and the contracts declared null and void.

The same day from Madrid the Supreme Court announced yet another ruling against Silverpoint, contract declared null and void with the return of £7,000 plus legal fees and interest.

Other cases this week saw rulings from other courts around Spain which included the return of all payments and contracts being declared null and void against Anfi, Blue Bay and Puerto Calma

Now just to rub it in, as if Dominic and Stephanie O’Reilly havn’t got enough problems the list also included a sentence against EZE Group!

The total amount being returned to clients this week alone is a staggering 403,336.25€

All these cases have been brought on behalf of clients by Canarian Legal Alliance, with this week’s Supreme Court rulings bringing their total to 74, another record for the legal history books!

law

So on with this Friday’s letter

Timeshare Non-Disclosure Agreements

When they are fair and when they are not

 cloud

By Irene Parker

December 1, 2017

High school civics classes must be having interesting and lively class discussions about American politics today. Sexual harassment accusations have taken over the media and are raising questions about the damage caused by non-disclosure agreements (NDA). Sexual harassment settlements require the victim sign an NDA agreeing not to disclose what happened.

New Jersey lawmakers are proposing NDAs be banned in cases of sexual harassment. As NJ.Com reported, “Corporate boards of directors keep on approving settlements to cover executives who then go on to commit the same offense.”

http://www.nj.com/politics/index.ssf/2017/10/harvey_weinstein_scandal_has_nj_dems_ready_to_ban.html

Timeshare members should lobby for a similar prohibition, especially when a member receives nothing in return after surrendering timeshare vacation points that can easily cost $100,000 or more. Out of 220 timeshare complaints voiced by our readers against multiple developers, 115 allege they were sold or up-sold by deceit and bait and switch, some just days after purchasing. Members have reported on the many ways sales agents and their companies can avoid the rescission or cancellation period. Especially in these cases, an NDA seems harsh.

The most common allegations of deceit reported by our readers include:

  •  The ability to sell or rent vacation points
  •  The ability to pay maintenance fees with points
  •  The need to always buy more points in order to have adequate availability
  •  Agents from the same company accusing each other of selling the member the wrong product. The member is told to buy more points to change from one product to the next only to be told by the next agent, they still bought the wrong points! The member is required to sign an NDA even when all they did was buy more points.    

One lawyer I spoke with, who asked not to be identified, said he is shocked by the use of NDAs in timeshare. He explained that as a litigator he saw large settlements awarded without a non-disclosure, but in timeshare even members who receive nothing in return for surrendering vacation points must sign an NDA.

When Inside Timeshare publishes an article about a member’s complaint, we no longer feature the article if the resort helps the member resolve their issue. We do maintain a complete list of all member articles for regulators and law enforcement and have compiled a 90 page complaint summary. With over 200 complaints, patterns emerge. Repeated complaints against certain sales agents point to repeating offenders. Comparing notes with law firms across the country, we have learned certain timeshare sales agents are household names at their offices as well.

Inside Timeshare published Deneice’s article September 29, 2017.

lady

 Inside Timeshare has received 23 reader complaints concerning Diamond Resort’s Las Vegas sales centers. Deneice Vargas alleges she was fraudulently up-sold in Las Vegas. Eight of the members reported a positive outcome working with Diamond Resorts to resolve their complaint.  

Initially, the DRI advocacy agent Deneise worked with seemed to agree with Deniece and had asked for supporting medical documentation about her husband Louis’s diagnosis of Bell’s palsy. Relieved, Deneice submitted the information only to learn the customer service agent who had been helping her quit and the new agent seemed to dismiss Bell’s palsy as if it were a common cold. I personally felt the loss because the hospitality agent who quit called me about my complaint over two years ago. We did not always agree, but I felt she had a moral compass.   

Deneice reached out to us recently to let us know how things were going. She was shocked to receive a call from one of Diamond Resort’s advocacy hospitality agents. According to Deneice, when DRI Consumer Advocates are not advocating, they make collection calls. “They called at 6:50 AM! Isn’t there a law that says you can’t do collection calls outside of normal business hours? I suspect the advocacy department called demanding payment because I was not answering the phone from the collection agents,” said Deneice.    

If there were no loan, I’m confident DRI would allow Deneice to surrender her points for resale, but Deneice’s situation is complicated by her allegations of deceit and bait and switch and the outstanding loan. We reached out to Diamond for comment, but there was no response. Deneice’s original article:  

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

If Deneice’s resort does decide to help her, she will be required to sign a non-disclosure agreement, agreeing not to say anything disparaging against her resort. One benefit (for our advocacy efforts) is that Deneice will not have to sign an NDA if she forecloses. We lose a lot of advocates because of the NDA. I’ve gotten to know Deneice and feel she will be of great benefit to our team of core advocates determined to stop or at least reduce the “pitching of heat” prevalent in timeshare today, bolstered by points based programs that offer easy deception. One of our advocates is a Florida detective who worked economic crimes undercover.

As a non-lawyer, I often rely on NOLO for legal advice. An added benefit of NOLO is somehow they prevent timeshare exit scam artists from posting ads all over their articles.

https://www.nolo.com/legal-encyclopedia/nondisclosure-agreements-29630.html

When I looked up nondisclosure agreement on NOLO, the site connected me to Richard Stim. I submitted this question to Mr. Stim at http://dearrichblog.blogspot.com/

I write for Inside Timeshare. We are receiving a flood of timeshare complaints. If someone who feels they were sold by deceit and bait and switch, spending $95,000 for a timeshare, convinces the resort to take the timeshare back with nothing in return, should they have to sign an NDA? Thank you for your help.   

ballchain

What property would anyone buy, be it a boat, home or car, financing a loan at 12% to 18%, knowing the product they were buying could not be sold?  Not one of our 220 readers knew, at the time of purchase, they could not sell their timeshare. There is a limited secondary market for some timeshares. Contact a member of the Licensed Timeshare Resale Broker Association to find out how your timeshare fares on the secondary market or if you are stuck with a product you don’t want, can’t afford, and can’t sell.

http://www.licensedtimeshareresalebrokers.org/

Thank goodness for Social Media. Here are some self-help member support groups offering good advice and a shoulder to cry one when one finds themselves caught in a timeshare trap.

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

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

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

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

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

Thank you Irene and all who contribute to these articles, they are certainly bringing new information to members / owners in the world of timeshare.

Inside Timeshare once again reminds all readers to do their due diligence when deciding which companies to do business with, as always, doing your homework will prevent the loss of your hard earned cash. If you need help in checking who to trust contact Inside Timeshare and we will point you in the right direction.

Have a good relaxing weekend and join us again next week.

weekend cat

 

stop press 1

Just as we were about to publish, this came in from the Supreme Court in Madrid, another Silverpoint contract declared null and void with this particular client being awarded over £90,000 plus legal fees and interest. That is now 75, yes, 75 rulings from Spains Highest Court!

After publishing this also came in.

The High Court in Tenerife found against Silverpoint yet again. The judge has declared this contract null and void with the return of over £74,000 plus legal interest.

 

The Tuesday Slot with Irene Parker: Marriott Vacation Club Racketeering Lawsuit

Welcome to the Tuesday Slot, in this article Irene Parker looks at the Marriott Vacation Club and the law suit for racketeering.

First some recent news fro the Supreme Court in Madrid which came in this morning, this is the 73rd ruling by Spain’s Highest Court.

Another Silverpoint contract has been declared null and void with the British clients set to receive over £37,000 plus legal fees and interest.

No details are yet available, but as with other cases the main infringement is likely to be a contract over 50 years. The one important factor is that these contract contravene the Spanish Timeshare law 42/98.

Now for Irene’s article.

marrioot symbol

The Marriott Vacation Club Racketeering Lawsuit – an Update

Timeshare Wars – Members vs Developers and ARDA Part II

evolution

November 28, 2017

By Irene Parker

Part I – The Manhattan Club and the possible dismantling of the Consumer Financial Protection Bureau

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

Part I describes how New York Attorney General Eric Schneiderman achieved a $6.5 million settlement for The Manhattan Club timeshare members after a battle that lasted almost three years. ARDA, the American Resort Development Association, seemed to be on the side of the TMC developers. In today’s article we look at ARDA’s involvement in the Marriott Racketeering lawsuit filed May 2016. Timeshare members should research ARDA ROC before making their voluntary donation which appears as an “opt in” or “opt out” donation on their maintenance fee invoice.

In the Marriott racketeering lawsuit, attorneys for the plaintiffs, Anthony and Beth Lennen, challenged Marriott’s points based system. Once again ARDA’s lobbyists are at the forefront.

“This was bigger than a lawsuit,” Hunter says. A negative ruling “could have a consequence of being devastating, conceivably, to the industry.” Florida Trend

I can imagine slave traders and slave owners making the same argument ARDA lobbyist Gary Hunter makes in opposition to the challenge to the points based timeshare product.The legal structure of the points based timeshare product is complex. It seems the points based programs are not products that should be associated with real estate. It would be as if a country club charged me closing costs for joining their right to use program. Bluegreen seems to employ a similar model. As usual, I asked timeshare attorney Mike Finn of the Finn Law Group if he agrees with me.

“Several developers are using a similar trust based hybrid product like Marriott’s. I think Bluegreen may have initiated it originally, but don’t hold me to that. Yes, the products are very similar. I felt Bluegreen was intentionally hurting their defaulted owners with their credit reporting as ‘foreclosures’, when I knew this was incorrect for the same reason as the allegations in the Marriott lawsuit, namely that the interest the ‘owner’ ends up with is personalty, not real estate. You cannot accurately call a personalty repossession a ‘foreclosure’ as there’s no legal procedure to ‘foreclose’ on personalty, according to UCC codes. My efforts to get Bluegreen to change were ignored; hence our litigation which resulted in at least 11,000 individuals getting foreclosures redacted from their credit reports. However, in our preparation, at the last minute, we researched the Florida timeshare act and realized Florida had anticipated our move! The statute was modified to define the Bluegreen timeshare plan as “real estate”. It was like legislating a duck into a goose,” Mike explained

https://www.finnlawgroup.com/learning-center/timeshare-vs-vacation-home

Is timeshare deemed real estate when it comes to charging buyers fees associated with actual real estate, but not real estate in matters having any control over the property? Is this a case of having your cake and eating it too?

I asked timeshare member and economics professor Michael Nuwer to review the amended Marriott lawsuit complaint filed October 25, 2017 by the plaintiffs’ law firm, Newman Ferrara LLP. The complaint suggests suspicious legislative maneuvering intended to circumvent the lawsuit. The amended complaint addresses the Marriott-forced law changes in 2013 and 2017. The recent (2017) amendment to the Florida Timeshare Act purports to exclude pre-existing weekly owners as “interest holders” and pre-existing Condo Declarations as “encumbrances” with regard to sales of multisite timeshare plans that use pre-existing timeshare estates. According to the complaint,

“It allows massive profit-making – including administrative fees, closing costs, recording fees, transfer taxes, maintenance, assessments, and title insurance premiums.” Amended Marriott complaint 6:16-cv-00855-CEM-TBS

“As far as I know, none of the trust fund based timeshare systems “convey real property interest,” said Michael. “Ownership is a “beneficial interest” in the trust fund, although a recent ruling in Canada found the Diamond Resort Embarc members don’t even have that.”

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

“If Florida law requires a real property conveyance, then I think there could be a problem,” Michael added.

Michael Kosor, a Wyndham owner and timeshare advocate, circulated a similar argument at the last two Nevada legislative sessions, proposing greater disclosure, but again ARDA’s lawyers fought against the members. The legislation proposed would have allowed better disclosure as to the lack of or limited secondary market and the fact that timeshare today has nothing to do with real estate. Timeshare agents typically inform buyers during their presentations that they are real estate agents, further enhancing a false security that the buyer is protected by real estate rules and regulations.  Even the name reflects the change. Fixed week timeshare buyers were “owners”. Points based buyers are “members.”

I have been researching timeshare since attending an astonishingly deceptive sales presentation July 2015. Like peeling an onion, I discovered at timeshare’s core, the points based system provides a recipe for deceit. As the Lennen complaint describes, point programs began in 2008 when timeshare developers did not know what to do with aging, foreclosed or repurchased inventory.

Inside Timeshare has received 216 US timeshare complaints from our readers, the majority concerning points. Not one of the 216 members understood, at the time of purchase, the difficulty selling their timeshare. Of the 216 complaints, 201 allege deceit and bait and switch on the front end of the sale. Of the 216 complaints, only two came from a Marriott member. It saddens me to see Marriott singled out when the entire industry may be guilty of selling a product that is more smoke and mirrors than reality.

The Marriott racketeering lawsuit was first reported by Paul Brinkmann May 2016 at the Orlando Sentinel

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

According to the suit, Marriott (NYSE: VAC) timeshare customers pay fees associated with owning real estate — such as closing costs and recording fees — but don’t actually own any real estate. Despite not actually being real estate owners, the lawsuit says, buyers are still paying closing costs, recording fees, title policy premiums and real estate taxes.

Marriott has argued, in its motion to dismiss the case, that “plaintiffs have misread the statutes that they assert have been violated” and “the allegations are without merit and the MVC Plan fully complies with applicable law.”

http://www.orlandosentinel.com/business/brinkmann-on-business/os-marriott-timeshare-rico-20160524-story.html

Except it seemingly did not fully comply with applicable law, so ARDA lobbyists and industry executives forged ahead to initiate legislative changes that would change the definition of “beneficial interest” so that Marriott would comply.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-comptroller-marriott-rico-20170113-story.html

The following excerpts are from a November 23, 2017 Florida Trend article. The full article is linked below. In bold is my emphasis.

“Engineering the Law” Politico

However, Marriott began fighting the suit on another front. The company turned to the Florida Legislature, acting through the American Resort Development Association, the trade group that represents the timeshare industry. At the time, ARDA’s chairman was Steve Weisz, Marriott Vacations’ president and CEO.

In both provisions, the lobbyist, Gary Hunter, of Hopping, Green & Sams in Tallahassee, included extra sentences saying the changes were meant as “a clarification of existing law” — an effort to ensure Marriott could use them as a retroactive defense in the Lennen lawsuit.

ARDA sent more than talking points and issue briefs. A few days after Hunter sent in the additions to the bill, the organization gave $25,000 to the Republican Party of Florida and another $25,000 to a committee controlled by Senate Republican leaders. In April — on the same day that both the House and Senate scheduled the legislation for floor votes — ARDA gave another $10,000 to the state Republican Party. (ARDA, which represents a heavily regulated industry and works on legislation every year, is a reliable source of money for the state GOP, which controls all levers of state government. The organization gives more than $100,000 to the party and its affiliates every year.)

The legislation passed both chambers in late April, and Gov. Rick Scott signed it into law a month later. After the legislation passed, ARDA gave another $50,000 to the fund controlled by Republican Senate leaders.

Two weeks to the day after the bill became law, Marriott went back in court in Orlando, alerting Judge Mendoza to the new Florida law whose provisions “go to the very heart” of the case. “These clarifications of existing law … decimate much of the complaint,” Marriott’s attorneys wrote.

A spokesman for Marriott declined to comment on either the lawsuit or the legislation. But Hunter, the lobbyist for the American Resort Development Association who worked the bill, says the goal of the legislation isn’t just to help Marriott defend itself. It is, he says, meant to protect the entire timeshare industry from similar attacks in the future, should a judge, who is unlikely to be familiar with the history and intricacies of timeshare law, interpret state statutes in a way that no one in the industry ever intended.

http://www.floridatrend.com/article/23307/engineering-the-law-marriotts-class-action-timeshare-battle

Florida Republican Representative Mike La Rosa, Oceola County was one of the lawmakers behind the amendment along with Republican Senator Travis Hutson, St. Johns County. Representative La Rosa is a member of ALEC. Senator Nan Orrock of Georgia has described ALEC as a “corporate bill mill.”

https://www.alec.org/person/mike-la-rosa/

After the legislative amendment was made, Mr. Brinkmann at the Orlando Sentinel once again picked up the thread:

A third-party observer, Ben Wilcox of the nonprofit government watchdog group Integrity Florida, said the timeshare law changes are suspect.

“It has the appearance of unethical influence, the appearance anyway,” Wilcox said. “The question would be, does it represent misuse of office or conflict of interest? Is it meant only to benefit those corporations and change the rules of the game?”

http://www.orlandosentinel.com/business/brinkmann-on-business/os-marriott-timeshare-legislation-20170719-story.html

Legal Dept
It’s not unusual for Florida to spearhead legislation that ultimately gets rolled out nationwide. Like the 2017 Florida amendment, in 2015 Florida passed a bill that alarmed advocacy groups. Advocacy groups felt the 2015 bill made it more difficult to be released from timeshare contracts. This new amended 2017 bill is also expected to be rolled out nationwide. ARDA lobbyist Gary Hunter is instructing Senator Hutson to remove language from the proposed 2017 Amendment that provided that the law applied only to Florida properties. He called the language “non-substantive” clearly intending to broaden the reach of the amendment to cover properties from single-site timeshare plans outside of Florida (which make up the bulk of MVC Trust properties).

Timeshare, in my opinion, is virtually an unregulated industry. There is no federal enforcement, and some Attorneys General may be influenced by lobby dollars. Florida is a timeshare Mecca with billions of tourist dollars flowing into the state. As mentioned in Part I, the Florida Timeshare Division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014.   

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

How will it end? I fear big money will get its way at the expense of middle class timeshare buyers, even it means labeling a duck a goose.

Marriott Inside Timeshare July 2017

http://insidetimeshare.com/starting-the-week/

Contact Inside Timeshare or a member sponsored self-help group if you have a timeshare concern or a story to share.

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

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

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

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

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

Thank you Irene and all who helped with this article, especially Mike Finn of Finn Law Group for his legal views, this will certainly be of interest not just to those across the Great Lake, but also those owners in Europe.

If you have any questions or comments on this article or any other timeshare matter, please contact Inside Timeshare and we will do our best to help.

 

Los Claveles: A Difference of Opinion.

Over the past week Inside Timeshare has received many comments regarding the ongoing dispute at Los Claveles in Tenerife, it would appear there is a split among the owners. Not all are siding with the committee or agree with how the committee is handling the situation regarding the removal of Wimpen / Ona Group as the managing company.

los claveles3

Inside Timeshare first reported this story back in May when we received information of owners being refused admission to the resort, with the elderly Club President being threatened and manhandled. She was then accused of an assault and spent hours being questioned by the police.

It must also be remembered that the contract for Wimpen to act as the management company came to an end at the beginning of May, yet they still demanded that maintenance fees be paid to them. They even terminated the employment of many members of the resort staff, which considering they no longer had the contract to manage the resort would suggest they had no right to do so.

These are some of the comments received, they reflect the split in opinion between the owners and members of the club.

“The full results of the arbitration have yet to be released, so I don’t know how you can say “the judgement was in total favour of the owners and the owners committee”. It seems you are only telling one side of the story. Why haven’t you obtained a comment from WimPen?”

“I am surprised by your biased report above. Nobody has yet seen the result of the arbitration. Both sides have picked out bits that support their own claims. I am an owner at Los Claveles and am impressed by the manner Wimpen continue to conduct the running of Los Claveles . I have never received a threatening letter from Wimpen or Ona, nor have any if my friends who are owners there. The committee does not have a 100% support from owners as you have been led to believe. Nor will they.”

los claveles1

“Hi Susan many owners have published their threatening letters from Wimpen on Facebook or posted that they have received threatening letters as you well know. I have, myself received several, and I have exchanged many messages with you with evidence on Wimpen’s wrong doings, so please do not accuse the report above of being biased as it is not.”

“I believe the the constitution also says the committee should of also kept records of the coming and going at Los claveles so the blame game continues and yet the committee take no responsibility for the mess the owners are in no surprise there”

“Dennis, the Constitution, Clause 11.5, states that “the Committee shall maintain or cause to be maintained a register of owners”.

Wimpen were employed by the owners to maintain the Register on behalf of the owners.

Wimpen refused to comply with Arbitrator’s Awards to release the Register to the Committee so that the Committee could contact ALL owners with a true statement of the facts and call an AGM for all to attend. Wimpen, therefore denied ALL owners the opportunity to attend the AGM. Wimpey, in their wisdom, drafted Constitution Clause 19.4 which permits the Committee to hold meetings if the Register is not available.”

“I dont believe anyone has suggested the Committee has 100% support, I certainly have not seen that statement posted anywhere. I would indeed be an unusual situation to have 100% support for anything these days. However they certainly do have a large proportion of owners supporting them in this issue and one has to bear in mind that in this instance its weeks of ownership and not head count that carries the day not that I think it will make any difference. I can only assume that you have received no threats from Wimpen as no doubt you will have paid them the maintenance fees rather that the correct method of paying the Club as required under the Constitution. Thats the rule book for the resort that you signed up to comply with when you purchased.”

los claveles2

Inside Timeshare also received the following by email:

I have read your article and associated comments with interest and, whilst not wishing to turn your website into a battleground for our dispute, wish to submit the following response.

It is a shame that Onagrup/Wimpen and their supporters appear to operate double standards when it comes to ‘the right to respond’.

Since the dispute started in 2015 I have sent numerous communications and requests to Directors and employees of Wimpen, many have gone unanswered and others have been very selective as to which questions they reply to.

In 2000, Wimpen filed the Deed of Adaptation for Los Claveles, partly in accordance with Ley 42/98. In 2015 I requested a copy of the Deed from Ian Crane, Wimpen’s Director of Administration, but the reply was that ‘he was out of the office’. A few months later in 2016 I repeated the request but have still not yet received a copy of the Deed from Wimpen nor any reply.

The Club Constitution states that members are bound by the Regulations of the Community of Owners, copies of which are available on request from Wimpen. The Community of Owners is a separate entity within Los Claveles, registered with the Spanish fiscal authorities, NIF H38392122. In 2015 I emailed Jesus Monedero, Wimpens Director of Resort Finance and Community representative for Los Claveles, requesting a copy of the said regulations. To date I have not had a reply.

A similar request to Wimpens accounts department in 2015 resulted in them sending me an out of date copy of the Club Constitution.

Also in 2015, I emailed Ivan Pengelly, MD of Wimpen, requesting information about the Regulations of the Community of Owners, amongst other items. He totally avoided answering that specific point.

Again in 2015 I emailed Germán Castro, General Manager of Onagrup, and Ivan Pengelly, asking why they had not guaranteed that the future of Los Claveles would remain in the control of the owners and Club members. There has been no guarantee from either of them on that point.

Ivan Pengelly and Germán Castro both acknowledged this year that their contract with the Club expired on 02nd  May  2017. I later received a letter from Sr. Castro, dated May 11th to which I replied by email correcting the many inaccuracies contained within his letter and questioned why they continued to use the members register when they had previously acknowledged that they did not have a contract with the Club. Sr Castro did not have the courtesy to reply.

Earlier this year I noticed on my credit card statement that payment of fees using Wimpens online facility went to Wimpey Leisure SA, a company that ceased to exist in 2004. Further checks of previous statements revealed that this had been the case as far back as 2007. In August I emailed Wimpens accounts department querying this, as my credit card provider had said that it was very suspicious. Not having had a reply I then emailed the same query to Sr. Castro in September, suggesting that the Agencia Tributaria may be interested. To date I have still not had a reply.

Having received an invoice in September for fees due for my week 14 in 2018, I emailed the accounts department questioning why they had done so when they did not have a contract with the Club, and pointed out that this use of the members register breached Spain’s data protection laws and that the correct way to proceed was for Wimpen to invoice the Clubs representatives for fees due for the maintenance of the common areas of the resort. No reply was received and so, in October, I emailed Sr. Chinea Cruz, Wimpens registered Data Controller pointing out the many breaches of the data protection law which also includes installing CCTV without seeking the prior consent of owners. Again there has been no response.

Edward

We have also received the following letter from the Club Chairman to Mr Pengelly, click on the PDF to read it in full.

Pengelly DOA 211117.docx

As this article was about to be published Inside Timeshare received the following press release from the official opposition:

Los Claveles – Owners Fight Back

As you can see, there is a very big difference of opinion, one recurring theme is evident, the apparent lack of communication between all parties. Communication and dialogue is the only way this matter is going to be resolved, we know there will never be 100% agreement, but unless all parties are aware of the facts, nothing will be resolved.

Inside Timeshare will continue to follow this story and publish the latest news as and when it comes in, we thank all who have contributed. In response to Edwards opening comment not to turn the website into a “battle ground”, we do not see it that way, it is Inside Timeshares belief that by providing you with a forum to discuss these matters and to see the views of other parties, maybe, just maybe we will see this resolved. Then the Club can get back to what it was, a community enjoying each others company and holidays at this beautiful resort.

Start the Week

Welcome to another new week in the world of timeshare, tomorrow Irene Parker has prepared an article following the news that Richard Cordray has stepped down from the Consumer Financial Protection Bureau. Part I is about the Manhattan Club, She begins with what the CFPB has done, including the investigation into Westgate, which was conveniently dropped after two years. But more on that tomorrow.

tribunal supremo

In Friday’s Letter from America, we began with the usual roundup from Europe, with the latest court cases. At the end of the day the news came in, too late for publishing, of yet another Supreme Court ruling being issued from Madrid.

In this case, Silverpoint have been ordered to return over £61,000 plus legal fees and interest to another client. The contract was also declared null and void, at present we do not have the full details of the sentence, but it would appear that the contract breached the timeshare law on several points.

As usual the main point will be the length of the contract, the law states that contract must be no longer than 50 years in duration, so the perpetuity contracts sold by Silverpoint contravene this. Once again the Supreme Court has made its point.

los claveles logo

On the story of Los Claveles in Tenerife, Inside Timeshare has received some comments from other members who do not appear to be in agreement with the Committee. They are either neutral or feel that Wimpen has acted in good faith.

Well, there are always two sides to any story or dispute, not all will agree, Inside Timeshare is happy to publish opposing views. We will also be looking into this and preparing a full article in due course.

In the meantime there is a link below which will start the ball rolling in bringing another side to the story and hopefully a little balance.

Inside Timeshare does try to get other views, quite often other parties do not respond, many emails are sent but no reply is ever received. Telephone calls are terminated, usually with you are through to the wrong department or even we don’t know anything about that. So thank you to those who did send in information.

http://www.losclaveles-alt.eu

 

jaw jaw

You have any comments or views on any article published, send them in using the contact form, we will either post them in the comments section or include them in any article.

Want to know if a company is genuine, once again contact Inside Timeshare and we will point you in the right direction.