Start the Week: Information Received

Inside Timeshare has received information about another Cold Calling company Sim Legal Services, this in itself is not a problem provided that Data Protection laws are adhered to, the problem is the nature of the calls.

 

The company is owned by Jeroen Martijn Brussel, there does not seem to be a website attached and any searches bring up warnings to Dutch speaking owners on two different websites:

https://timesharealarm.com/sim-legal-services/

https://www.timesharestop.nl/sim-legal-services/

Unfortunately so far we have not had a chance to have these translated, but there do seem to be some very serious concerns about Sim Legal Services, with the mention of several other companies they appear to be linked with. JB Legal and Timeshare Reclaim Consulting.

As for JB Legal, again a search of the internet finds no website, although there are several companies with a similar name including a genuine law firm in the United States. This makes it very difficult for any potential client to do the necessary due diligence checks.

Timeshare Reclaim Consulting do have a website and are known to Inside Timeshare, although we have never had any concern or reason to mention them in any article.

The problem is with Sim Legal and what they are telling potential clients, one of our readers spoke with them and was very disturbed by what they were told. In the phone call they tell clients that they used to work for CLA, (Inside Timeshare has no knowledge of this), but since CLA are not doing what they promise, they are now working with a better company called TRC, all to give themselves a semblance of credibility.

The question is, are the management of TRC aware of the tactics of Sim Legal Services, the fact that they are making accusations against a competitor who is in the same vicinity and happens to be the leading law firm in timeshare litigation, in order to talk clients into signing up with them and then passing them to TRC?

If not, they will be now, as far as we are concerned, for any caller to make assertions about another company in order to “sign up” a client is to say the least a sign that they themselves cannot be trusted.

Also are they aware of how much Sim Legal are charging clients before sending passing them to TRC, according to the two Dutch websites Sim Legal are charging extortionate amounts.

All we can say is TRC need to be aware that firms such as Sim Legal Services will not do their business any favours, it will in the end come back to haunt them, they will be tarred with the same brush.

In another strange enquiry, we have been asked what is mindtimeshare doing now?

It appears that they have moved on from being a consumer association to something else. Our enquirer has told us that mindtimeshare is actively emailing those who have contacted them and recommending a firm for taking out litigation against clients timeshare companies. Apparently it appears that this company is TRC, mentioned above.

Just to recap, at one time, mindtimeshare was funded by the industry, the Resorts Development Organisation, this was under the tenure of the now discredited Alberto Garcia. Under his direction, mindtimeshare attacked any company which threatened the industry. He eventually got his comeuppance, and the RDO withdrew funding.

Since then Mindtimeshare has had to find its own way and began to change how it wrote their blogs, to be honest, they became more factual and evidence based, giving a more balance view. But obviously funds must have been a problem.

There is no problem with making a recommendation, but if what our reader has told us is true, making a deal to use your own client database to secure clients for one firm, does not appear to be conducive to the ideals of an independent consumer association. This subject was also a question that we posed in the article below.

http://insidetimeshare.com/alberto-garcia-steps-down-as-director-of-mindtimeshare/

 

Friday’s Letter from America

Welcome to another Friday’s Letter from America, this week we publish revised instructions on how to file a complaint, this has been revised by one of our readers who was successful.

First a quick piece of news from Europe.

The Supreme Court in Madrid has issued another judgement, Spain’s highest court once again has defended the rights of timeshare consumers, in this case British, by declaring a Diamond Resorts contract null and void. As in all other judgements the court ruled that the contract was in contravention of Law 42/98, as the contract had no end date, known as perpetuity. The law clearly states that timeshare contracts may only be for a minimum of 3 years and a maximum of 50 years.

The court also awarded the clients all money paid in the first three months in double, this reaffirmed the court’s stance on the illegal taking of deposits within the cooling off period. Along with over £11,000 they were also awarded back their legal fees and legal interest. (click on PDF below to see court document)

Supreme Court Diamond Ruling

This is yet another victory for timeshare consumers brought on their behalf by Canarian Legal Alliance.

Now on with this weeks Letter from America.

How to File a Timeshare Complaint (January 25, 2019 revision)

By a Timeshare Member who Followed our Complaint Process

Step 1 GATHER INFORMATION

  1. Read Your Contract and any documents given to you at the time of signing. If your contract offers a rescission and you are still within the offered period you should take the steps necessary to rescind immediately.
  2. Educate yourself! There are many resources in place that are meant to protect consumers (most of which I was completely unaware of until I had to tackle this issue). The more you know the better you will be able to stand up for yourself.

LIST OF RESOURCES AND ORGANIZATIONS TO FAMILIARIZE YOURSELF WITH  

a: AG: Attorney General – You will want to file a complaint with the AG from the state in which you purchased your timeshare. If you can connect with other buyers in your state of residence, file a complaint with your own state Attorney General. See instructions below. Some states, like California and Nevada, require you file your complaint with the state real estate division against the sales agent.

b: ARDA-ROC: American Resort Development Association-Resort Owners Coalition

ARDA Timeshare Consumer Protections Page : Did you receive one of the three required “disclosure documents”? Is there a rescission period? When did it begin/end?

Excerpts from ARDA Code of Ethics: Read this code and make note of any parts that were violated during your purchase.  ARDA ROC does not mediate disputes, but they have a Code of Ethics that may be violated. The full code of ethics can be found here.

http://www.arda.org/ethics/

c: FTC: Federal Trade Commission-Protecting America’s Consumers There is a timeshare tab not easy to find. Follow these instructions: http://insidetimeshare.com/the-tuesday-slot-13/

d: BBB: Better Business Bureau: This is the organization that most people are familiar with and the link to file a complaint is found right on the homepage of their site. You may need to edit your complaint to 4,000 characters, sometimes no easy task. The good thing about the BBB is that they often allow you to log in and file a rebuttal if you disagree with the company’s answer to your complaint.

e: SEC: US Securities and Exchange Commission: You will only file a complaint with the SEC if you were falsely led to believe that the purchase of a timeshare was a good investment. The sale of an investment product must be registered with the SEC.

f: FBI: Sound serious? That’s because it is serious to report a complaint to the FBI. The definition of White Collar Crime is “Deceit, concealment, violation of trust, bait and switch.” File an online complaint at IC3.gov. Select Internet Crime from the three choices available. It’s confusing because your timeshare complaint doesn’t have to be about internet crime. That’s just the name of the portal.

g: Legal Action: Retaining a lawyer is something you can do after you have exhausted the above resources and still feel as though you are getting nowhere. It is a last resort option and it will cost you; make sure that the cost is worth the possible worst-case outcome. There is a compiled list of law firms that specialize in timeshare cases on one Advocacy Facebook page. Law Firms Doc You do not have to use one of these lawyers but it is recommended that you use someone who has specific experience with timeshare, and do not do business with a lawyer or a law firm you do not know. One timeshare lawyer has recently been disbarred

h: TUG: Timeshare Users Group TUG Forums: These forums are incredible for gathering information from other timeshare owners. You can search specific questions to see if anyone else has already asked and received answers.

i: Timeshare Exit Firms: BEWARE! A lot of these firms are scams. Some are not, but you can do the lion’s share of what any exit company can do. Beware especially of money back guarantees. Some companies consider foreclosure an exit. Obviously, you don’t have to pay anyone to get foreclosed. Also, it is important to note that some timeshare companies will not approve voluntary relinquishment of a timeshare if you have contracted with an exit firm.

j: Most would agree The Consumer Financial Protection Bureau does not offer the consumer protections it once did, they still regulate banks. File a complaint with the CFPB if your complaint involves a credit card. Remember to dispute the credit card charge, even if the transaction extends beyond 30 days. Some companies will extend the period if you can present a compelling case for fraud.  The Secret Service also investigates credit card fraud.      

Step 2 HOW TO WRITE A COMPLAINT LETTER

    1. Create a Record of Events: The very first thing you should do is make a list of everything that you were told by timeshare representatives (i.e. salespeople, managers, receptionists, concierge services). Write down every detail that was said even if it seems insignificant; you can always weed out details that are less important later. Your memory of the event will start to warp and change over time so it is important that you write down this information as soon as possible so that every complaint you file has consistent information.
  • Organize the information:

a: Create a Timeline: 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; it at this point you should be as detailed as possible.

What was your first encounter? (phone call, concierge, sales agent)

  • What resort or location did the presentation take place?
  • Date and time of presentation.
  • Names of all sales agents/managers that you dealt with (names will typically be listed somewhere on your contract)
  • How long did they tell you the meeting would last vs what was the actual duration of meeting?
  • Did they offer you food or beverages during the duration of the meeting?
  • Did they take your ID and credit card? Did you ask for these items to be returned?
  • If you feel you experienced unfair and deceptive sales practices, describe your experience.
  • When did you first realize your agent misled you?
  • Was it possible to learn you were deceived during the rescission period? Sometimes an agent will say a bogus program won’t be available until after the first of the year, or wait a few months before refinancing. Banks don’t finance timeshares. Sometime over promised availability can’t be determined until allowed onto the booking site, after the rescission period has expired.  
  • What steps did you take after realizing you were misled? Did you contact the agent or the company? What was their response? List dates/times if possible. Keep all emails.
  • Did the sales person ask you to apply for any credit cards/loans or take any other extraordinary measures (refinance home, equity line of credit, etc.) in order to cover costs? Transferring to a third party lender complicates things.

b: List Relevant Complaints: Here is a list of some common complaints from timeshare owners.  Certain misleading statements are more serious than others:

  • The agent said I could easily sell my points. To find out if your timeshare has a secondary market, contact a member of the Licensed Timeshare Resale Broker Association. They charge no upfront money to list a timeshare. http://www.licensedtimeshareresalebrokers.org/
  • The agent presented maintenance fee relief programs that do not exist
  • The agent said I had to give up my deeded timeshare and buy points
  • The agent said I have to give up my deed and buy points or my heirs will be burdened
  • The agent told me this would be a good investment. At least 49% of the cost of your timeshare is attributed to marketing costs (source a major timeshare company’s annual report)
  • The agent said that I could rent out my timeshare for money when the company rules do not allowed renting
  • The agent overstated the value of travel awards to pay for airline tickets, or the use of a travel credit card to pay maintenance fees
  • The rescission period was dodged

Step 3 EMAIL AND SEND YOUR LETTER OF COMPLAINT

Below is an example of a sample layout with some ideas of information that you might want to include in your letter. Copy and paste your complaint into the body of an email (do not send as an attachment). Email or send to all interested parties, including customer service, ARDA ROC (if their Code of Ethics has been violated), the credit card company if a credit card is involved. You will send your complaint to regulatory agencies if your request is denied, so make sure you take the time to present your grievance clearly and factually. Have a friend or family member read your complaint before submitting to see if they understand the complaint.

Include the following information:

Name(s) of Member(s)

Phone Number

State of Residence

Today’s Date

Member Number

**List the following information for each contract you are disputing**

Date and Place Purchased

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

Information to include in the body of the complaint:

  • What do you want? Do you seek a refund, cancellation of contract, or relinquishment?
  • Why? Is it due to Deception, Health, Age or Financial Burden?
  • This is your written timeline. Provide a chronological account of what happened during the sales process that makes you feel you experienced unfair and deceptive sales practices.
  • Consider citing the ARDA code of ethics and what articles of the code were violated.
  • Making emotional statements will most likely not help your case.
  • In conclusion, restate the main complaint and what it is you are asking for.

**Complaints expressing dissatisfaction with general availability will go unheeded and so will requests based on not being able to afford the timeshare.

**If there was no deceit then request relinquishment. This is only an option if your Maintenance fees are current and you have no outstanding loan. Contact your resort for more information about voluntary surrender.  

HOW TO FILE A COMPLAINT WITH THE ATTORNEY GENERAL

  1. File your complaint with the AG from the state in which you purchased your timeshare. In “Part 2” of the link below it explains how to find the correct AG and file a complaint. Some states, like California and Nevada, require you file a timeshare complaint with the state’s real estate division.   

Steps for filing an AG complaint

  1. Always send copies of important documents and keep originals
  2. If not filed online, mail your complaint via Priority Mail with tracking.

OTHER CONSUMER PROTECTION RESOURCES

  • Seniors should consider contacting the AARP Fraud Hotline. Weigh their advice as they are not timeshare experts, but it is important for them to be aware that a significant proportion of complainants are age 60 or older. Click HERE to visit the AARP site.
  • Remember to pay no money upfront without reaching out to other members, or a resource like like TUG Timeshare Users Group
  • Forward your complaint to the Association of Vacation Owners.          AVO Contact Us Page

Contact Inside Timeshare if you are interested in helping other members or have questions about the filing process. Our goal is to make consumers more aware of the financial pitfalls that can result if you buy a timeshare you don’t understand or was not presented truthfully. We know there are many who use and enjoy their timeshares and sales agents that sell the product honestly. Honest sales agents are also negatively affected by predatory sales and lending.    

Timeshare Accountability Group™

Well that is all for this week, remember, before engaging with any company that contacts you or you have found on the internet or through adverts in publications, do you homework and stay safe.

Have a great weekend.

Update: The John “Goldfinger” Palmer Saga

On Monday we published the news about the start of a trial at the Audiencia Nacional, Spain’s National Court, which has involved around 17 years of investigation. It centers on what is believed to be one of the largest timeshare frauds in the history of timeshare.

Then the press released the news that a former associate of Palmer, Marco Yaqout was shot dead outside his home in Marbella. He was reputedly Palmer’s right hand man in the early days in Tenerife, he went on to own a string of night clubs which also included interests in the famous Linekers bars.

The original article in The Daily Star got the location wrong.

It seems that a gunman was lying in wait behind some bins and began shooting as Yaqout drove up to his home in his distinctive Bentley. Around 20 shots were fired.

Yaqout has been linked to a host of celebrities which all revolved around his night club in Puerto Banus, TIBU. These have included the cast of the TV reality show TOWIE along with Professor Green who performed at the club.

https://www.mirror.co.uk/news/world-news/millionaire-pal-towie-stars-shot-13888882

At present the police have made no arrests and it is unclear as to the motive, some speculate that it was part of the nightclub “wars” on the Costa del Sol, others believe that he may have been ordered to give evidence in the trial currently running in Madrid. It is believed that he had an enormous amount of information on all the activities surrounding the timeshare fraud, along with some of the unsolved murders linked to it in Tenerife. Most of the newspaper reports do not mention the Palmer link or the trial, which is not surprising as they tend to love anything with celebrities attached.

The trial heard on Tuesday that Richard Cashman, the alleged lieutenant of Palmer, denied that he led the scam network to defraud the countless tourists who were taken in by the timeshare fraud. He did admit that he arrived in Tenerife in 1993 and worked for Palmer, again denying he had anything to do with the selling of the apartments. He told the court that he was at first in charge of security, (in timeshare language that would be “clumpers”), then went on to manage bars, restaurants and servicing of rental cars.

Palmer's lieutenant denies that he led the scam network to tourists – La Provincia

As more news emerges we will publish it here.

 

 

 

Maintenance Fees: To Pay or Not To Pay

One question Inside Timeshare receives on a regular basis is in regards to maintenance fees, “should we just stop paying them?”. Looking at many of the timeshare forums the general answer from posters is “yes, just ignore the bills, that is what I did, they won’t take you to court”.

It is also one of the main points that the so called relinquishment / cancellation / exit companies tell their clients, “once you sign up with us, don’t pay”.

Unfortunately, that is not quite true.

Many of the timeshare companies will chase for unpaid maintenance, at first through their own collections departments, but eventually they will pass these arrears to a debt collecting agency. Diamond along with other companies tend to use one of the biggest agencies in the UK, Daniels Silverman, based in Liverpool. MacDonald Resorts use Network Credit Services, based in Hamilton, Scotland.

The Ona Group based in Barcelona, Spain, actively chase unpaid maintenance fees, even for resorts they have taken over and the owner ended the contract with the original resort over 10 years ago. Ona Group say they have no record of the contract being cancelled and are taking those people through the Spanish Courts for upto 15 years unpaid fees. They use a law firm based in Barcelona called Punt Blau, who say they are are expert lawyers in the field of timeshare. The worst part of this will be the cost to the “debtor”, once the Spanish court has issued the judgement, it will be passed to a UK law firm and go through the County Courts for execution.

Once the debt has been passed to these agencies, you will be dealing with them not the resort, they will also incur huge amounts of interest and legal fees. You also then risk being issued with a County Court Judgement, commonly known as a CCJ. This will also have a very negative affect on your credit rating, preventing you from getting loans and even a mortgage.

Another question that arises from these enquiries is, “has anyone ever been taken to court, if so can you show us the judgements?”

Nobody has posted on any forum that they have been taken to court and lost”.

Well that is not surprising, would you publicise the fact that you have had a county court judgement made against you?

Agreed, it is not always taken to court, in most of the cases the person will give in to the threats of the debt collectors and pay. After all many of these owners are getting on in years and just want out, but they also have old views on debt, the stigma of being taken to court is a definite NO.

For the past few years Inside Timeshare has been highlighting the case of an elderly lady, now 90 years old, we called her Mrs B. She paid a company over £5000 to get her out of her MacDonalds timeshare at Dona Lola, this was in 2015. She was told the timeshare was no longer her responsibility and not to pay any further maintenance.

Her “debt” has been passed to Network Credit Services, this has now been handed over to a law firm Shepherd Wedderburn based in Edinburgh.

This firm is threatening to take her to court over the “debt”.

In their correspondence they even sent her copies of court judgements of MacDonald Resorts members who have been taken to court and had CCJs issued against them. They literally boast about it, which to an old lady is in our opinion a very serious threat.

They even place in their letter headed “Claims already issued in England and Scotland”, 4 cases along with which courts, case numbers and the names of the people involved, where MRL has won the claim.

  • Manchester County Court, Mr & Mrs S, case number C8QZ5392
  • Elgin Sheriff Court Scotland, Mr & Mrs C, case number ELG-SG24-18
  • Airdrie Sheriff Court Scotland, Mr & Mrs F, case number AIR-SG76-18
  • Gloucester & Cheltenham County Court, Mr & Mrs C, Case number E8QZ399H

These are genuine cases, these people have been ordered to pay and now have the dreaded CCJ on their credit files. All because they believed what they were told or read on various forums by idiots who have nothing better to do than give out bogus information on subjects they know nothing about.

There are ways of being rid of your timeshare, not paying your maintenance fees is not one of them. It may have been in the past when non-payment after 3 years the timeshare was repossessed, it may still hold true for the smaller independents, but for most of the big timeshare companies that is no longer the case.

If you have any questions on this subject and would like to know what your options are for relinquishing your timeshare, then use our contact page and we will point you in the right direction.

The Tuesday Slot

Welcome to The Tuesday Slot, this week we welcome another new contributor, known only as “Industry Observer” as he wishes to remain anonymous. The introduction is once again by our very own Irene Parker, who was very excited to have this published, as it is from someone who has watched the industry for many years even though he has never purchased. It is certainly a very welcome independent insight into the timeshare industry and sales presentations.

Firstly a little news provided by Canarian Legal Alliance, they are certainly going to be keeping the courts busy over the next month.

At present they have in various courts around Spain 75 pre-trial scheduled, the three main timeshare companies are Anfi on Gran Canaria, Silverpoint on Tenerife and Club la Costa who have resorts on mainland Spain and the Canary Islands. Pre-trials are basically a formality and a last chance for a settlement to be reached before the case goes to a full trial. At the Courts in Maspalomas, Gran Canaria, 4 judges have been dealing with cases at this stage and issuing sentences without the need to go to a full trial. They have sat on so many cases now that they feel it is a waste of the courts time to set full trials. This has certainly speeded up the process for many clients.

Along with the pre-trials, the are 26 trials to he heard against the same timeshare resorts, again at various courts around Spain. We hope to bring you news of the conclusions as and when the cases are concluded and the judges issue their judgements.

One of the many complaints that Inside Timeshare receives from readers about their timeshares is the number of resorts that are advertising on the internet and the various booking websites.

This was sent to Inside Timeshare from one very angry reader, (see link below), it is for Select Marina Park, Mijas, Costa Del Sol. This is a Club la Costa Resort, which as we know is not a cheap timeshare to buy. It also uses the points system, which has been deemed illegal by the Supreme Court on many occasions, the reason is that it lacks any substance.

What that means is that you do not actually have any guarantee of booking your holiday accommodation, it is subject to availability. Yet this resort is being advertised on hotels.com for a fraction of the cost of the exorbitant maintenance fees that owners / members are required to pay annually, on top of the original extremely high purchase price. Is it any wonder that so many timeshare purchasers want out of their contracts!

https://uk.hotels.com/ho278895/?q-check-out=2019-02-24&tab=description&q-room-0-adults=2&YGF=14&q-check-in=2019-02-17&MGT=7&WOE=7&WOD=7&ZSX=0&SYE=3&q-room-0-children=0&fbclid=IwAR1grWTKZjEyb8FbVqjn5cSw_7EABpY-akPpfUEq9Z51wfQ_LSmrzDgiTVs

Now for our Tuesday article.

Why at Age 70 I Have Never Attended a Timeshare Presentation

Introduction by Irene Parker

Timeshare members are always grateful when a member who has been through the complaint or foreclosure process, thinks beyond their own Nightmare on Timeshare Street to support others. There is nothing more frustrating than groveling before timeshare customer service representatives who dismiss complaints of unfair and deceptive sales practices with, “You signed a contract” or “We are not responsible for what our sales agents say.” Our deepest gratitude to the author of today’s article who has been keeping Charles and me informed of industry developments over the past two years so we can in turn pass that information on to our readers. He has never owned a timeshare.  

By an Industry Observer

January 22, 2019

I have been a timeshare industry observer since 1985. I have concluded that timeshare is not for me. I shun contracts (especially perpetual ones) and I don’t plan very well in advance. For those with disposable income and the ability to plan, timeshare may be a rewarding experience. However, I would advise looking to the resale market for the best bargains. And, I would study the industry before dipping my feet in the resort pool.

In 1985 my wife and I were at North Myrtle Beach, South Carolina on our first beach vacation. Upon leaving the supermarket, I noticed a flyer underneath our car’s windshield. Similar flyers were under all the out-of-state car windshields. The flyer offered a $40 gift to preview a new resort in North Myrtle Beach. Husband and wife were required to attend. A minimum income of $30,000 was required, as well as a driver’s license and credit card. Military couples with a certain minimum grade level were also welcome. I thought, “Why do they have to pay people to go see something for sale?”  People don’t get paid to look at houses or condos, and condos were quite the rage in Myrtle Beach in 1985.

I filed this experience in the back of my mind. It would reemerge numerous times in the future. On subsequent vacations to Myrtle Beach, Virginia Beach, Charleston, Orlando, Branson, and of course, Las Vegas, I would become more than aware of the smiling faces of OPCs who wanted to be my friend to get me to attend a tour, open house, remodel, new resort – whatever. Each approached us at a boardwalk or a booth, often a hyped-up boy or girl who had something special to share with me for only a few minutes of my time (90 minutes). I always reacted poorly to these solicitations since #1: I was on vacation and #2: I am not a real estate guy.

Fast forward to 2012 – I was in the midst of closing a company that I had run for 24 years. The economy had been unkind to the printing industry. I had to close the doors to my tiny empire and move to an early retirement. Fortunately, I could afford to do so. In 2013, finding myself with time on my hands, I decided to study the timeshare industry which had been in the shadows of my vacations. Three of my friends owned timeshare in different systems. I had quizzed them on their experiences. One loved his relationship.  The other two had mixed feelings about whether the process was worth it.

I began to google the names of timeshare operators along with keywords – problems, complaints, regrets, and lawsuits. Come to find out, there were a lot of people who bought timeshares that either didn’t want them or felt they had been duped into buying them. As mentioned, many are satisfied with their purchase, but it appeared many families had been financially harmed by their decision to buy a timeshare.

I have spent five plus years spending an hour or two a day on sites like TUG, RedWeek, Inside Timeshare, Inside the Gate, YouTube, and complaint sites. I developed a theory as to how the timeshare companies succeed in plying their trade.

Here are my simple conclusions:

First:  It starts with a bribe. It may be money, food, gambling, discounts, shows, or trips. Prospects are offered something of value by an OPC (outside person contact) for attending a presentation.  David Siegel, Jr. of Westgate timeshare fame, has termed prospects “mooches.”

https://www.youtube.com/watch?v=Y_gFaO11sNY

Second:  It is seldom the promised 90 minutes. The goal is to play a game of attrition. The longer the interview, the better the chance of capitulation – the customers will buy SOMETHING even when there may be an agreed upon pact not to buy. There is a good possibility that the prospects will break down and sign just to get their gifts and get out the door.

Third:  There will be more than one presenter. First is the “greeter” who will become your friend. They need to see your driver’s license and credit card. The driver’s license is to verify the family relationship and the credit card is to run a credit check. The credit check may be an unwanted surprise. The first sales agent will extol all the virtues of membership. If there is no bite, he/she will get approval to lower the price. After the initial sales agent, comes the manager or “closer.” He/she is out to make sure a sale happens. The friendliness will have worn thin. Prices will be reviewed and maybe lowered again. The sale needs to be made. If no sale has ensues, then comes the “survey person.”  He/she will review the presentation, the offers, and reasons for not buying. He/she will try one last attempt to sell an exit package. It may be a “discovery” “trial” or “sample” package. This will allow the prospects the chance to check out the resorts in the system, but requires another presentation. Trial packages are limited in scope and availability.

Fourth:  The whole job of the sales team is to make a SALE and that sale needs to be made TODAY. They know no one comes back later to purchase a timeshare. The sales team is on commission. They don’t eat if they don’t sell.

Fifth:  Truth may take a back door to the need for a sale. There is a clause in most, if not all timeshare contracts, that says the prospect did not rely on verbal representations to make their purchase. How many of us have relied on the ethics of the salesperson sitting across from us when buying a car, boat, condo or house? In Florida timeshare sales agents are licensed sales agents but they are exempted from the ethics requirement! It’s pretty scary if you can’t rely on ethics.

The terms of the contract are in the contract – not in the words of the salesman. The salesman may say that the company will buy back your timeshare. They won’t. He/she may say that the timeshare will go up in value. It will not.  He/she may say that you can go anywhere at any time. Complaints about availability abound. Attorney Mike Finn called this verbal representation clause a “license to lie,” and the beleaguered buyer unwittingly signs voluminous documents containing this one toxic sentence timeshare companies over-rely on.

Sixth:  Most timeshare contracts are perpetual. Once the three to ten day state contract rescission period is up, the buyer may have no other option but to pay the mortgage and maintenance fees if they cannot convince the timeshare company to break the agreement. It can be sold or given away, but the marketplace is almost non-existent. A default can have dramatic consequences on one’s credit score.

Seventh:  Sales people will make sure that no hand-written notes leave the room. False promises are not in the contract. The contract is long and initialed in many places. There are three things to be especially aware of.

  1. There is often a clause that says the company can change the terms and conditions of the contract whenever they want. Why even have contracts when benefits can be changed at any time?
  2. Accommodations are subject to availability. There are many complaints about lack of availability. Actual availability often cannot be verified until the buyer has access to the booking site, conveniently after the rescission period has expired.    
  3. These days contracts are often signed electronically, meaning your initials are stored and then tapped, tapped, tapped on a cheap tablet even tech savvy buyers find hard to read.

Eighth:  Timeshare contracts have a rescission period, which varies by state. It may be three to ten days. There are creative ways sales agents and their company can dodge the rescission period. A new program to be relieved of maintenance fees (that doesn’t exist) won’t be available until after the first of the year. While on vacation, sometimes with the kids, reviewing complex contracts can be a difficult chore. Sadly, even reading the contract doesn’t always disclose some of the pitfalls, like availability.

Ninth:  Roughly 50% of the cost of a timeshare purchase is the marketing, promotion, and commission costs. Think about it. If you list your house for sale, you pay 6% or 7% commission. What would happen to your home price if you had to pay a 50% commission to buy? Add that to the false promise that your timeshare is easy sell and you have a disaster waiting to happen. Sellers are lucky to get 10% of their initial investment back, thanks to the lack of an adequate secondary market. Timeshare developers don’t even want the timeshare back. You may even have to pay the developer a fee to take the timeshare back.

Ten:  Timeshares can be purchased on the resale market for pennies on the dollar. Sites like Tug2.net, Ebay, and Redweek have real people selling real timeshares for bargain prices. You can check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has a secondary market value. They can explain the pros and cons of buying from the secondary market compared to buying directly from a timeshare sales center. Plus LTRBA members have knowledge of all timeshares.

Don’t jump. Don’t believe you have to buy TODAY. Research the company. Research the industry. Social Media is here to stay. Chances are there is a member Facebook page out there for the timeshare you are considering, with members reporting positive and negative experiences you can evaluate. Do your timeshare math to calculate the purchase price, borrowing costs, and annual fees, not to mention special assessments. Check the resale market.

Vacation Smart!

Thank you to our Industry Observer for his observations. Here are a few member sponsored sites to check with to determine if you are jumping into your vacation dream so that you don’t end up one of our Nightmare on Timeshare Street authors:

We seek to provide timeshare 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/

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene for the introduction and a very big thank you to our industry observer for this article and all your information over the past two years.

If you have any comments on this or any other article, please use our contact page, we welcome your insights.

If you need any information about any company that has contacted you, that you have found on the internet or from an advert in a publication, then again use our contact page and we will help you do your credibility checks. Remember, doing your homework is one of the most important ways of saving you from losing your hard earned cash.

 

Start the Week: Associates of John “Goldfinger” Palmer Now in Court

It has been announced that the Audiencia Nacional, or Spain’s National Court in Madrid is to hear the case against the business associates of the late John “Goldfinger” Palmer. This case has taken many years to get to this stage, but at last we may be seeing a conclusion to what has been called one of the largest frauds in Spanish timeshare history.

The trial which begins today, Monday 21 January 2019, will see the following defendants appear. Richard Cashman, who is attributed to be Palmer’s lieutenant, Keith Peter Davies, head of the organisation on Gran Canaria, Dean Lawrence Wells, the promoter of the operation, Darren John Morris, Paul John Murry, Christina Ketley, Ramonón Solano Pérez, Jorge Maximiliano Gallart, Neil Campbell and Jacoba Klazina.

The case revolves around the selling of timeshare properties between 1993 and when the organisation was dismantled in 2002 by the then Judge of the Audiencia Nacional Baltasar Garzón.

In the scam which saw hundreds of unsuspecting holiday makers losing many thousands of pounds each, was based on the overselling of timeshare properties with the promise of resales for a profit. It also morphed into a non-existent holiday club set up by the organisation.

At the time of his death at his Essex home in June 2015, Palmer was on bail from the Spanish Courts, even though he had served time in the UK for similar offences.

The Prosecutor’s Office is calling for prison sentences of 8 to 12 years, plus fines of over 2 million euros as a result of its provisional findings. These are for crimes ranging from illicit association, conspiracy, fraud and in some cases illegal possession of firearms.

Although this case has taken many years, it would appear at last that justice may be done, this is may help close a very sad chapter in the lives of the victims, whether they will ever get any of their money back is unlikely.

The Audiencia Nacional is a special and exceptional high court, its jurisdiction covers all Spanish territory, as well as international crimes which come under the jurisdiction of Spanish courts. It consists of:

  • Criminal Chamber
  • Appeals Chamber
  • Administrative Chamber
  • Social Chamber

This case is being heard in the Criminal Chamber which is competent to try serious crimes such as: terrorism, money laundering, genocide, plus many more. It also makes decisions about extradition demands from foreign countries and the execution of European Arrest warrants. They may also hear appeals against rulings from the Juzgados Centrales de lo Penal, (Central Criminal Courts. Decisions by any of these divisions may be appealed to the Supreme Court.

Links to the announcement in the Spanish press.

https://m.eldiario.es/canariasahora/tribunales/Audiencia-Nacional-estafadores-Canarias-Goldfinger_0_859164155.html

https://www.laopinion.es/sociedad/2019/01/20/juzgan-red-mafioso-john-palmer/946217.html

Past articles on John Palmer, the second link includes a recording of the Roger Cook investigation.

http://insidetimeshare.com/timeshare-dirty-word-many/

http://insidetimeshare.com/press-release-from-cla-plus-a-quick-look-at-the-biggest-timeshare-fraud-in-history/

It may be some time before any news comes in about this case, but Inside Timeshare will be publishing the result when it is made public.

Friday’s Letter from America

Welcome to this week’s Letter from America, today’s article is from another new contributor, the Kleen family, who we welcome to our pages. They explain their own experiences and show how the lack of a secondary market can harm families. So on we go with another in the series “Nightmare on Timeshare Street”.

A Wyndham Worldmark Member Offers an Analysis

Families Harmed by No Secondary Market

There is no secondary market for timeshare ownership. No one wants to buy a timeshare, so owners have trouble getting rid of one.

https://thriftylittlemom.com/2015/06/25/should-you-invest-in-a-timeshare/

By the Kleen family

January 18, 2019

There is something inherently wrong with a product that cannot be sold or sometimes even given back, especially a product purchased for thousands of dollars. A lifetime is a long time to live without experiencing an adverse life event necessitating a need to sell. Wyndham states in their annual 10-k report that a viable secondary market is a risk to their investors. There is no mention of the risk to their customer stuck with their product that has virtually no secondary market.

Friends of ours in good standing with Wyndham received a $.36 per point buyback offer from Wyndham Ovations, which they accepted. The Wyndham Ovation program is Wyndham’s voluntary surrender program available to members in good standing. When we initially contacted “Wyndham Cares” about our medical hardship we had hoped for a similar offer, but never heard back. We have an outstanding loan, so are probably not eligible.

Timeshare points dramatically lose value. To compare, think of a house purchased for $100,000 that could only be sold for $11,666. That’s what $.36 per point would translate to for what we paid at $2.50 to $3.50 per point. They tell you think of your timeshare as a second home, but what home purchased for $100,000 would you buy that had a resale value of $11,666?  What would happen to the housing market if virtually no secondary market existed? Too many families are being harmed. If you own a home with a loan, you can still sell the home.

We purchased our Wyndham Worldmark timeshare in 2011.

Our son Matt believes it is imperative that veterans be provided more disclosure. The housing market requires veterans be provided greater disclosure, like on HUD loans. Especially for active duty service members, who can get transferred or sent overseas, the lack of a secondary market is of real concern. “In the case of my parents, they would have been eligible for the Armed Services Vacation Club, which Wyndham runs and operates. This would have been a much better program for them. My father even told the sales agent he was a veteran,” said Matt.   

In 2016 we wanted to help Matt. Matt is totally disabled, now living with us along with his daughter. The fact that not only is this timeshare worthless, but we are held hostage by it, prompted us to write this article hoping others will understand that timeshares are worthless, should you need to sell.        

In 2015 we were looking forward to enjoying our retirement and a timeshare seemed a good way to do it. This purchase fell far short of that. Every time we went to a resort, the staff enticed us with offers of gift cards and money to attend “owner updates” which were just other chances to use high pressure sales. There was never anything presented about updated information.

They always told us that our points would never lose their value. Salesman told us that our previous point level was worthless, and could only be rendered of value by buying more points, explaining we would have a much better chance to get where we wanted to go, when we wanted to go, only if we purchased additional points.

More than eight months ago we contacted WorldMark/Wyndham Resort Development to request a hardship release. We have called and contacted Wyndham several times, but never received any answers. A manager said she was going to do her best and get back to us. Not one word received.

We are full time caregivers for our son and his daughter. We can’t use the timeshare as originally planned.  Our two dependents require financial, medical, and emotional support. Our son needs special furniture. Traveling by car or plane is nearly impossible due to his lack of mobility.  Since they have never contacted us about our hardship request, we add that to our “lack of customer service” complaints.

Sales agents always presented offers in a very confusing way. We had to ask questions again and again and have them repeat their answers as we tried to get clarification on certain things. Sometimes we just gave up. The sales presentations always lasted longer than the promised 60-90 minutes. We would end up leaving because the salesmen wanted us to sign statements about the cost of points in the future if we did not buy right then. They got very nasty when we refused to sign.

The salesmen never told us that upgrading was mandatory, but they pressured us greatly to upgrade. We were able to get away and use the program a few times this year. It is not an easy thing to do because of the responsibilities at home, but we were able to get away for a few days at a time for respite. Most of these stays had to be around when Wyndham had availability, so trips were not always convenient.

We hope our article reaches the eyes of those considering a timeshare purchase. We question why anyone would spend so much money on an “asset” that is really a liability if even the timeshare company does not want it back.

If you know what you are buying is worthless, should you need to sell, and still are comfortable with your purchase, then buy the timeshare. We wish we had known.

Thank you to the Kleen family. We agree too many families have been financially harmed by timeshare’s lack of a secondary market. Contact Inside Timeshare if you have a story to share.

Self-help groups Inside Timeshare feels are not industry influenced.

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

 

That is it for this week, join us on Monday for news and information on the world of timeshare, have a great weekend.

The Tuesday Slot

Welcome to this weeks Tuesday Slot, today Irene Parker looks at what constitutes proof when making a complaint, this is something Inside Timeshare has heard from the many readers who have reached out with their “Nightmares on Timeshare Street”, “you have no proof”. Attorney Mike Finn also gives his view on the subject, as usual his contribution is clear and concise.

Some Timeshare Regulators Respond: You have no proof

What is Proof? Strength in Numbers

By Irene Parker

Tuesday January 15, 2019

Rule 406 – Habit; Routine Practice

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.

There are volumes of timeshare complaints and a sizeable timeshare exit industry created by the lack of a secondary market and by the practice of “pitching heat” which is defined by the industry as the practice of unfair and deceptive timeshare sales practices. It is a term well known and unique to the timeshare industry.

Why do some state Attorneys General pursue complaints based on a volume of complaints, while Florida’s timeshare division, the Department of Business & Professional Regulation (DBPR) and Nevada’s Real Estate Division (NRED) dismissed all of our readers’ complaints with, respectively, “Verbal representations are hard to prove” and in Nevada, “You have no proof.”

Not all Attorneys General turn a blind eye. Outgoing Connecticut Attorney General George Jepsen recognized the problem in Connecticut, nowhere near the hotbed of timeshare sales as Florida or Nevada. Still, any regulator speaking up to support the reduction of unfair and deceptive sales practices in the acquiring or the disposing of a timeshare is appreciated. Timeshare complaints rank second on the list of complaints at the Connecticut Attorney General’s office.  

https://www.nbcconnecticut.com/news/local/Timeshare-Troubles–What-To-Do-Before-You-Buy-and-Sell-504017151.html

So what does constitute proof?

After hearing from 659 timeshare members, including 94 veterans or active duty service members, the best item of proof I can determine from the illustration above is probable cause: facts and circumstances that would lead an ordinary person to believe. We have compiled a summary report of 71 highest loyalty timeshare members who all describe how they were up-sold into insolvency, believing sales agents who told them that by buying additional points they could sell points or be able to pay maintenance fees. These programs did not exist. I find it hard to believe anyone with an ounce of common sense could read this 135 page report and not conclude these previously loyal members had been duped. I have sent this report to Senators, but they seem to feel “They signed a contract” suffices. Influential lobbyists likely play a part.

I asked attorney Mike Finn about proof. According to Mike, proof is anything that a trial judge receives from the witness stand or by the introduction of a document. “It is up to the judge to decide what is relevant – the testimony can be either oral or documentary. A judge may or may not deem the testimony allowable as evidence, but don’t undersell oral testimony,” Mike explains. “As stated in Rule 406 above, is the evidence presented of a common theme or is there a consistent pattern of complaints? It may still be hearsay, which makes it less reliable or relevant, but a summary report from 71 high loyalty timeshare members, all testifying that they purchased for similar reasons, reasons that did not exist, may very well be credible. Trial judges have a lot of discretion or latitude to render a decision over what is relevant or not relevant. Oral proof can serve as proof.”

One obstacle is that about half of the 71 highest loyalty timeshare members signed a non-disclosure agreement. Does that mean they cannot share their experience in a court of law? According to Mike, “There are times when a disclosure can be made despite the witness having signed an NDA. Even if a subpoena cannot overcome an NDA, the fact that all of these people filed claims and prevailed after signing a confidentiality agreement, would present a common intent, plan, scheme or motive that encouraged unfair and deceptive sales practices. It becomes more relevant when the practice has been reported time and time again. Everything is possible, but may not be probable. Not all judges see things the same way, but common intent does follow the rules of evidence. Rules of evidence are reliable and courts use them.”

In Florida, a two party state, both parties must be aware of an in-person recording, making proof even more difficult to come by. In Nevada, only one party must be aware of an in-person recording. Members should consider recording their sales session in states where this is legal.

It seems we keep circling back to the court of public opinion. Let the timeshare buyer be informed that all complaints that begin with, “The sales agent said” will be dismissed with, “You signed a contract.” Then at least the timeshare buyer would know they cannot believe a word a timeshare sales agent says. That at least would be fair and not deceptive, a level playing field.

 There seems to be in the timeshare industry a corporate culture that promulgates deceit. The sales agent deceives, the company responds, “You signed a contract” and when this response is seconded by the state regulator, there is, in effect, no regulation. One former timeshare sales agent described this process as a hamster wheel of recycled inventory, leaving the young, the old, veterans and active duty service members in the wake of timeshare foreclosure. Families are financially and sometimes physically devastated. Many seniors have reported weight loss, inability to sleep, and in one case, a heart attack, when questioned about the financial harm caused by buying a timeshare. It is ironic that vacation plans are supposed to reduce stress.    

Another question raised is whether the buyer signed under duress, after hour’s long sales sessions, provided only a 20 minute signing period for a buyer to review a document that the best lawyer could not review in less than a few hours.

Where do we go from here?

Strength in numbers – Keep sharing your stories.

We hope regulators, lawmakers and Wall Street will not turn a blind eye. We have heard form 659 readers, and these are only the readers we have followed along with resolution or lack of. There are thousands of Better Business Bureau complaints, lawsuits and Attorneys General investigations involving thousands of timeshare buyers. Let’s hope greater awareness will at least alert the consumer, the deck is stacked against them.

Self-help groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene and also a very big thanks to Attorney Mike Finn, Inside Timeshare is sure this article will help to explain to our readers the problems that many of them face when filing complaints. This is a huge problem not just in the US but also in Europe and the rest of the world. The one thing that can be said is that Spain has brought in laws to regulate the sale of timeshare, the industry had plenty of time to get their house in order, but as we know they thought they were above the law. Now they are finding the full wrath of the law and it is costing them millions.

For those who purchased timeshare in Spain, they now have the courts and judges on their side, no longer can the sales agents use misleading tactics to gain a sale. We are also seeing a very significant drop in the sale of timeshare, with many sales decks being closed down. The unfortunate side effect of this are the number of bogus claims companies getting on the bandwagon, using the law to dupe the unsuspecting owners. Many of these have been set up by former sales agents and managers and in many cases using stolen data of their former clients to “scam” them out of yet more money.

Whether you attend a presentation for a timeshare, receive a call about claiming or relinquishing or even find a company on the internet or advert in a publication, the advice is always the same, do not commit to anything until you have done your homework.

Friday’s Letter from America

Welcome to this week’s Letter from America, today we welcome a new contributor David Althage with his Nightmare on Timeshare Street”  story. David is another in the long list of veterans who have experienced problems at the hands of timeshare sales agents. Once again a big thanks to Irene Parker for her introduction.

A Wyndham Timeshare Buyer, a Marine Veteran, Shares his Timeshare Experience

January 11, 2019

Introduction by Irene Parker

Marine Veteran David Althage is one of 90 veterans and active duty service members who feel they have been financially harmed by their decision to buy a timeshare. Many of the veterans are disabled. By publishing member accounts, we hope others will be made aware of the financial hardship that can result when a perpetual contract is signed, a contract accompanied by annual maintenance fees, with little to no secondary market.

We understand there are many who use and enjoy their timeshare. Many may have not been made aware of the difficulties that can arise when there is little to no secondary market.

A draft of today’s article was sent to Wyndham but the dispute was not resolved. We feel there should be better disclosure as to the lack of a viable secondary market. Timeshare companies list in their 10k annual reports a viable secondary market is a risk to their investors.   

By David Althage

I would like to share my Wyndham experience, hoping others will take the time to think about a decision that can easily become a financial albatross. I deeply regret our decision to buy the timeshare. They pressured us to a huge extent, but we didn’t realize this until much later. I feel we experienced elder abuse.

I am a veteran of the Marines. I served from 1964 to 1968 and ended up as a Corporal E4. I spent most of 1965 and 1966 in Vietnam and my specialty was machine gunner which I did on the ground and also as the door gunner on helicopters. I was wounded twice and I have also suffered from skin cancer, possible from Agent Orange. All of that seems a lifetime away as my wife and I have been settled for many years in Missouri. These days I repair mobile homes for work, and I keep going at this even though I am now 73. I do not have retirement or a pension. I only have social security.

My wife and I were in a Branson, Missouri mall when a woman at a kiosk told us she had some things to give away, but we would need to attend a 90 minute presentation. The 90 minute Wyndham presentation lasted over five hours. Over 5 hours!

The sales reps kept talking, stalling and feeding us more information. They talked so fast it was difficult to take it all in. There was a lot of paper. We started at 8:30 a.m. They did not tell us how much the timeshare would cost until about 12:30 p.m. We were tired, hungry. We kept asking how much longer it would take. The reps did not offer lunch nor would they allow us to leave to get lunch. Due to our medical issues, our heads were spinning, and my wife’s blood sugar was really dropping. She felt unwell. I suffer from macular degeneration and glaucoma, and I also need cataract surgery. I don’t see well. It was impossible to properly examine all the paperwork. And by the way, the original agent at the kiosk promised us show tickets on the Branson Belle, but it was sold out.

We are shocked at how hard this program is to use. Early in November 2017 we wanted to book a suite in Branson after Christmas in order to see a special show. We were surprised and totally disappointed when the booking center told us that we would have to book at least nine to ten months in advance. They had nothing available at any of their six Branson resorts. We don’t know our schedule that far ahead due to health issues and doctors’ appointments, etc. They did not tell us about having to book so far in advance at the sales meeting. We received a letter from Wyndham which stated,

“As part of an ongoing commitment to enable more owners to vacation where they want, when they want and how they want, in May we introduced updates to the CLUB WYNDHAM Plus Program Guidelines. These updates, made by the FairShare Vacation Owners Association Board, were introduced to help you own your vacation experience and get more out of your vacation.”

We really resent that Wyndham said we could vacation wherever and whenever we wanted. They didn’t give us the straight facts on how hard it is to book. I can only conclude that this statement was a lie.

We found out later that when you book a room and you have to cancel, you have to do it 17 days in advance of your reservation or you lose your points. This is an egregious way to treat anyone, let alone senior citizens! As a result of all this, the timeshare is not of much benefit, especially considering the price we pay.

Another point we wish to make is that the sales reps told us that by taking out visa cards through Barclays, and by making all our payments through these cards, the timeshare would “pay for itself” by generating income from points on purchases. They claimed that these points would then pay for our maintenance fees and our payments to Barclays as well. This is absolute nonsense! You can only pay for about 1% of the maintenance fee by charging, so a $2000 maintenance fee purchase would require $200,000 a year in charges!

One of the reps told us that if we decided we did not want the timeshare, we could easily sell it with no problem. By saying we could do this “with no problem” we took it that it would at least hold its value. Checking online, we were shocked to find out that these timeshares have almost no value at all. He misled us.

Sales agent Landon Anderson gave us his phone number and said to call him any time. He said, “If you ever have any problems, we will work with you.” We said we were going to Branson after Christmas to which he replied that he would take us out to dinner. We called and called, but there was no answer. We believe this number was a burner phone in a drawer somewhere.

Finally, the reps never gave us a hard copy of the contract. We specifically asked for this, but instead handed us a tablet saying that these days everything was electronic. As a result, we could not read the contract so I don’t even know if we could have rescinded in time. I called Wyndham and insisted that they send me a hard copy by mail. It took a long time to arrive. We have been unable to make the electronic device work, so for the longest time we had no idea what was on there.

It felt like they were only interested in making a sale.

This is my sorry Wyndham experience.

From Florida Trends

The world’s largest timeshare developer, Wyndham Destinations, got off to a promising start this summer as a standalone company. The Orlando-based business, established when Wyndham Worldwide split its hotel and timeshare divisions, announced in August that timeshare sales increased by 7% and earnings exceeded Wall Street expectations during its first quarter on its own. “It was an outstanding quarter,” Michael Brown, Wyndham Destinations’ president and CEO, said on the company’s earnings call with analysts.

There was a cloud over the results, however. During the call, Wyndham also revealed that the number of owners defaulting on their timeshare mortgages climbed during the second quarter, extending what has become a multiyear increase in defaults. The company says the rate of increase in its provision for loan losses has slowed to “under 5%” in the second half of 2018, but in the earnings call Brown said defaults remain “higher than we would like,” seconded by CFO Michael Hug, who added that “loan loss remains a central area of focus.”

Of the company’s nearly 900,000 owners, only 200,000 have loans. However, the company expects to set aside 21% of its gross sales to cover losses in 2018 — meaning it expects not to collect $21 of every $100 it’s loaned.

Wyndham blames much of the problem on secondary companies in the timeshare market — firms that resell timeshares, arrange for the transfer of ownership or help purchasers get out of their timeshare contracts.

https://www.floridatrend.com/article/25726/timeshare-tussle

We are no fans of exit companies, but the industry as a whole seems to show undue finger pointing at exit companies, rather than even consider there might be a problem in-house.   

Former Wyndham sales agent and whistleblower Trish Williams was awarded $20 million:

Wyndham’s sales goals for employees were impossible to meet if representatives adhered to the company’s policies and regulations governing timeshare sales, Robert Parker, a former sales executive, testified in depositions. When sales at the Canterbury lagged, he explained, something known as “TAFT days” came into play.

“TAFT is the acronym for ‘tell them any frigging thing,’” Mr. Parker testified. “In other words, it didn’t matter what you said. We need business. Today’s your day. Just tell them whatever you got to tell them. That’s what TAFT is.”

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

It may be a lofty goal, but we are hoping that by hearing the consumer’s side, a better relationship, and better corporate margins can be achieved, by addressing the problems rather than pretend the problems don’t exist. Inside Timeshare has listened to 659 mainly infuriated timeshare members.

Self-help groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you to David for sharing his story, if you find after reading these articles that you have similar experiences and would like to share them with other, then use our contact page. We will then be in touch and welcome your contributions. It is only through your stories and “Nightmares on Timeshare Street” that the industry might, just might take notice, then we may see changes for the better.

Following on from the many articles that Inside Timeshare publishes about bogus law firms, claims companies, resale and exit companies, if you have been contacted or even been taken in by them, again use our contact page to get in touch. Your information can then be published to warn others, it is only through you the readers that these scam merchants can be outed and others prevented from falling victim.

As always do your homework before engaging with any company that has contacted you or that you have found either on the net or through adverts in various publications. Just because you see an advert in a prestigious paper or magazine, does not mean they are legitimate. Remember, the advertising department is there to sell advertising space, they make no checks on whether the company is genuine.

Have a great weekend and join us again next week.

Fake Law Firms: A Growing List

Back in September 2016 Inside Timeshare highlighted two fake law firms, Litigar Abogados and Litigious Abogados, which began contacting timeshare owners with news that their timeshare companies were being taken to court. Since that time they have reinvented themselves with many new names.

The common factors with all the new incarnations have been the websites, all have been exactly the same apart from the new names and photographs of the fake lawyers. Even the logos have been very similar.

How they have all operated has also remained the same, the client is informed that their timeshare companies is about to be taken to court, for a fee to a fake procurator they can become part of that action. Within weeks the client receives a very convincing looking court document showing that the “Director” of the timeshare company pleaded guilty and the client has been awarded a substantial amount of money. The client also receives a photocopy of the check made out in their name to bolster this deception.

Unfortunately, there are now taxes to be paid before the money can be released by the court, the “tax” is 20% of the awarded amount. Once this “tax” has been paid, the client receives a letter by post, the thing is the letter has been opened and the cheque is missing, only a staple and a small fragment of paper is left on the letter.

Low and behold, the client receives another email from another company, they claim they have been appointed by the court to get the client their money back as the cheques was “cashed” by a foreign criminal gang. But again, in order to do this 10% of the cheques value must be paid.

All payments are also to be made by bank transfer and to a named individual.

As you can guess, once this is paid that is it, you will never see the money or hear from them again.

This whole fraud is a very clever and sophisticated one, all documentation looks very genuine, from the court documents, procurators and lawyers letters and the cheques. All bearing what look like official stamps and logos of various official bodies.

In this time, Inside Timeshare has been sharing and receiving further information with Mindtimeshare, the whole point was to publicise this fraud to a wider audience. Recently Mindtimeshare published a list of all the fake lawyers and procurators associated with what Inside Timeshare has dubbed The Litigious Abogados Family. This is Mindtimeshare’s list, as you can see it is huge.

24hnotificaciones                                                                      

Abogacia Española                                                                    

Abogados Abel Garcia                                                              

Amador Ganeca – Amador Juandoz Ganeca     

Abogados AG – Armando Gonzalez Areca                           

Abogados Amable Garcia                                                        

Abogados Canarias                                                                   

Abogados Galvera                                                                     

Abogados Litigacion España – JDD                                       

AG Abogados                                                                              

Alberto Kalimro Galvera Abogados                                       

Alberto Diendro Nabalez – Litigacion España                     

Alberto Rogalvera                                                                      

Alejandro Omross Procuradores                                            

Amador Galeca Abogados                                                        

Amador Ganeca                                                                          

Amador Malodan Galeca                                                          

Angel Alarcon Prieto Notario                                                  

Armando Gareca Abogados                                                     

Auxiliar Lawyers                                                                        

Auxiliares Lawyers                                                                    

Auxilium SA                                                                                

Bulganu & Valentin Asesoria                                                  

Carlos Igraim Procurador                                                        

Carlos Ingramo Procuradores                                                

Carlos Imgran Procuraduria                                                   

Darstun Jilmo Davida Procurador                                        

Davido Thursta Procurador                                                    

Daniel Marco Yariz Procurador                                             

Elias Elisa SA                                                                             

Elinabeta Yessica Elierz Procuradores                                 

Elisabetta Olias Asesoria                                                        

Embalori Abogados                                                                 

Emilio Leyes Catillianos                                                         

European Union Complaints                                               

EU Litigation Services                                                           

Fernando Holaci                                                                     

Ivana Birka Asesoria                                                              

Jessica Kiegle Procurador y Notario                                   

Juan Luis Partalabo Lawyer                                                

La Litigacion Española                                                          

Legalidad Abogados S.A.                                                       

Legalidades Abogados                                                            

Legalidades Tenerife                                                               

Legitimous – legitimos Abogados                                         

Litigacion abogados                                                                

Litigacion Espana SL                                                              

Litigaciones SL                                                                        

Litigar Abogados                                                                    

Litigious Lawyers -Litigious Abogados                             

Luca Linder Trust                                                                  

Luna Kinden Asesoria                                                          

Manuel Amas Conde                                                            

Manuel Cilavoz Varintos – Varintos Abogados               

Manuel Diralam Abogados                                                 

Manuel Hidualdo Abogados                                               

Marco Cravina Asesoria – Marco Carvina                        

Marco de Ciocci Translator                                                 

Marco Gravinal Procurador                                                

Miguel Mesa Martinez                                                          

Miguel Mesa Montoya                                                          

Nabalez Abogados – Alberto Dilendro Nabalez              

Notario Yari Marca S.A.                                                       

Owners Association                                                              

Paulo Finucie Asesoria                                                        

Paulo Morris Asesoria                                                          

Poveda Lawyers                                                                     

Procurador Ramon Juanco Comez                                    

Procurador Ramon Josardo Golmerz                               

Procuradores Alexander Bowross                                      

Procuradores Comerz – Ramon Juanca Comez              

Procuradores Golmerz                                                         

Procuradores Gomerz – Ramon Josema Gomerz           

Procuradores Gonzalez – Alfonso Emilio Gonzalez        

Procuradores Igraim- Carlos Rihom Igraim                    

Procuradores Omross – Alejandro Omross                       

Procuradores Salinas – Miguel Salinas Procurador      

Procuradores Raya – Miguel Earas Raya Procuradores  

Procuradores Tabreul – Abel Deraza Tabreul                   

Procuraduria Carlos Gregorio Ingramo                             

Ramon Mesa Gorrin                                                              

Ricardo Zanino Asesoria                                                       

Roberto Arturo Sanson Abogados

Rodrigo Hoya Asesoria

Simone Mesa Martinez Abogados       

Simone Meza Mendez                

Thirstun & Robi Claims Asesoria

Link to Mindtimeshare original article

Fake Lawyers in Tenerife, an enormous list of fake and fraudulent set ups!

If you receive a call or email from any of these or any company with a similar story that your timeshare company is in court and you can be part of the action, remember don’t pay them any money. Contact Inside Timeshare using our contact page and let us know the details.