Hug Your Haters Part II: A Customer Service Message

Today’s article by Irene Parker is part II of her Hug Your Haters, which we published on 15 August,

http://insidetimeshare.com/?s=customer+service+message

But first some of the latest in Europe.Court Masp

At the end of last week, even though the courts are closed for business, another sentence against Anfi Sales SL and Anfi Resorts SL was published. This was issued by the Court of First Instance Number 1, based in Maspalomas, the court ruled according to the precedents set by the Supreme Court in Madrid.

In this case, the court ruled that the contract be declared null & void with the return of over 13,279€ plus legal interest. In this case the infraction was the length of the contract was greater than the 50 years allowed by Spanish Timeshare law 42/98, which came into effect in January 1999.

Again this flies in the face of Anfi’s assertion that their contracts are legal and that they have not lost any cases, see the article “Truth, What is Truth?”  Published on 10 August.

It is not just Anfi who deny these facts, Silverpoint have been doing so for years, they have even left the RDO and claim they no longer sell “timeshare”. So what are they now selling?

Well the ploy by Silverpoint is the move to transfer the blocks of timeshare weeks they sold to clients (with the promise to sell in 2 years for a profit), into what is euphemistically called a “Company Participation Scheme”. Not much is known at present, a lot more research is yet to be done, but it appears that clients sign a document at the notary which makes them shareholders of the company Club Paradiso. If this is the case, then all liabilities of the company will fall squarely on those clients shoulders. More on this when the research is complete.

Now on with Irene’s article.

Hug Your Haters Part II

My Marriott Customer Service Experience

By Irene Parker

August 29, 2017

Customer Service is a Spectator Sport, according to Hug Your Haters author Jay Bear. Although Hug Your Haters was written primarily for the providers of customer service, users of Customer Service can benefit from the book as well. Social Media has dramatically changed Customer Service in a way many timeshare companies have yet to acknowledge. The Marriott hotel chain seems to have gotten the message and has adapted to the new world order.

How does a timeshare company respond to the following complaint?  

An 85/83 year old couple was sold nine timeshare contracts over a 2 ½ year period, with the last contract sold four months ago. They were sold approximately $550,000 worth of timeshare vacation points. They were encouraged to open a Barclaycard to make a down payment on the last contract but the application was denied. They cannot travel alone and soon will not be able to travel at all. The wife has been diagnosed Alzheimer’s. The husband has dementia. He is a Vietnam Vet having served 21 years in the military. They cannot remember signing any contracts. Their maintenance fees and loan payments are $64k a year which is 100% of their after tax income.  

Mr. Baer discusses in his book the difference between onstage and off stage Haters. The couple above would be described as an offstage Hater, unfamiliar with Social Media. I describe myself as a seeker of timeshare accountability and transparency, but I acquiesce to the title of an onstage Hater to keep with the Hug Your Haters theme. Sometimes offstage Haters need an onstage Hater to plead their case. It has often been reported some timeshare sales agents target the elderly.  

 Disney Vacation Club seems to have bucked the timeshare trend, refusing to fall back on the oral representation clause that states, “I did not rely on any oral representation to make my purchase” which translates to the customer is always wrong. Disney has few timeshare complaints so it’s not surprising to find former Walt Disney theme park executive Lee Cockerell, author of The Customer Rules, mentioned in Hug Your Haters. Mr. Cockerell explains in his book how he would encounter employees blaming the customer:  

“From time to time over the years, a customer would complain to me that a frontline employee had been belligerent. When I asked the employee what happened, I’d usually be told the customer was wrong about the facts, or had been abusive, or trying to cheat the company. Most of the time, the employee believed it was better to lose a bad customer than appease one.” p. 115

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

Another Hug Your Hater example is Pella Windows and Doors, VP of marketing Elaine Sagers. “Monthly, our executives call a random selection of unhappy customers to talk about their experiences with us…..We’ve also played recordings from the call center so you can hear the emotion in our customers’ voices around what’s been happening with jobs and their homes.” p. 120

Having listened to 133 timeshare complaints, mainly about maintenance fee relief programs that do not exist, or the ability to sell points when no secondary market exists, it’s hard to understand how companies can so often ignore or dismiss allegations, especially when a volume of complaints (119 out of 133) meet the definition of white collar crime – “deceit, concealment, violation of trust and bait and switch” – painting a compelling and compounding picture of trouble within a company or within the timeshare industry as a whole. I challenge any timeshare executive to listen to the tone of the voices of families devastated financially by their vacation plan. “Well you signed a contract,” is not the appropriate answer. I’m sure Mr. Baer would agree.

Mr. Baer makes another important point I have often stated when it comes to offering a customer wronged an apology. “In some corners of the business universe, anyone interacting with customers is prohibited from saying (or typing) an apology, because it is believed – by particularly Draconian attorneys – that it could weaken the company’s position in a legal proceeding.” “In the world of Charles Dickens, ‘If that’s the law, then the law is an ass,’” Mr. Baer quotes Michael Lasky, an attorney and litigator with the Davis & Gilbert law firm in New York City. Mr. Laskey emphasized that of course companies should be careful about what they say, but the answer is not to ever say “I’m sorry.” p 125

Page 138 of Hug Your Haters discusses the importance of rapid complaint response time. My husband and I have been Platinum Marriott Rewards members for several years. About a decade ago I complained about something I can’t remember at a Marriott Hotel front desk. I was just complaining, not asking for compensation, yet the company responded with an automatic adjustment in reward points. Every 20 or so stays, something might happen that I would complain about had it not been for the times the company responded rapidly and appropriately.

Right out of the Hug Your Haters playbook, I posted a comment on the Marriott Facebook about how a trainee and a manager patiently and pleasantly changed our room three times to address our concern about highway noise. I posted this experience on Marriott’s Facebook and they almost immediately responded, “Irene, we would like to share this on our comment site if that’s alright with you.” As Mr. Baer explains, onstage Haters (or Lovers) don’t expect to be answered. When they are, they are taken aback, astonished that a company as large as Marriott would care.

I can’t speak for Marriott Vacation Club, the timeshare company, because I am not a member, but one of our Advocates, a senior manager with a Fortune 500 company, also a Marriott Vacation Club member, made this comment about Marriott in Part I of our Inside Timeshare article Hug Your Haters, “I think of a brand like Disney first and foremost. Also, while I know a company like Marriott has their critics, in all my years traveling and staying at their hotel and timeshare properties I always got the impression they were serious about fulfilling their fiduciary responsibilities and providing top shelf customer service and a quality customer experience.”

Onstage Haters compared to Offstage Haters – Chapter 7

Some companies respond to negative comments by expanding their advertising budget. “Advertising is a tax paid for being unremarkable,” is a quote Mr. Baer said is usually attributed to Robert Stephens, founder of The Geek Squad,  but he rephrases the comment appropriately, “Advertising is a tax paid when you’re poor at retaining your current customers.” p. 18

“Listening is the ability to pay attention to what the sounds means and understanding it. We hear noise, but we listen to music. That is because noise falls on our ears without any effort at our end,” said an anonymous writer explaining the difference between hearing and listening. Too often customer complaints are dismissed as noise in the form or automatic denials to a complaint filed against a timeshare sales agent (s).

These are but a few timeshare Advocacy Facebooks and websites of members helping members because company complaints so often fall on deaf ears. They are closed groups, but all would welcome corporate representatives bold enough to listen and learn. We hope timeshare industry executives, ARDA and lawmakers will take the time to not just hear, but listen.

Bluegreen and Diamond Resorts Advocacy Facebooks

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

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

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

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

New York Attorney General Eric Schneiderman recently sent a message in the form of a $6.5 million settlement against The Manhattan Club timeshare accused of restricting availability for members who paid thousands of dollars for a timeshare while allowing access to those booking online. The settlement response was a reaction to a chorus of timeshare members mobilized and action orientated. All timeshare owners are grateful because a victory for one is a victory for all. Lack of availability is a universal complaint.

Thank you Irene, once again you have given us a look into the world of “Customer Service” or in some cases lack of. It is one of the main complaints that Inside Timeshare does receive, in many cases the sales staff are only intent on getting more money from you, rather than helping to get the best from your membership.

If timeshare is to flourish, developers and resorts really do need to look at this aspect and change their practises. Disney is a very good example of this as we showed in a previous article by Irene, Disney Vacation Club Vs The Timeshare Industry, published in July’s A Lesson for Other Timeshare Companies.

If you have any questions or comments Inside Timeshare invites you to contact us, your views are important, it will help to change the industry for the better.

Have you been contacted by a company you have never heard of, or want to know more about but don’t know how to start, again contact Inside Timeshare and we will point you in the right direction.

 

The Tuesday Slot on Wednesday

Welcome to our Tuesday Slot which we had to postpone yesterday due to an important consumer alert that need to be published immediately. We apologise if yesterday you were looking for our usual Tuesday article.

This week we publish another Secret Shopper Report , edited once again by our Secret Shopper Coordinator Pete Gibbes. In this report you will see the price per point that members are being quoted which is $9.24, this price is scandalous as we all know that there is little or no resale market value.

RETAIL PRICE DOES NOT EQUATE TO RESALE PRICE

TIMESHARES ARE VIRTUALLY WORTHLESS

We have also been informed that Diamond has terminated sales agents and managers caught employing unfair and deceptive sales practices, unfortunately Inside Timeshare just sees this as playing to the crowd. These are just the scapegoats who have been the subject of too many complaints, THEY HAVE BEEN CAUGHT, we all know the rule, do and say what you like, just don’t get caught!

Another “Nightmare on Timeshare Street” is in the offing, we have been contacted by another senior who is being forced into foreclosure, more on this when we are able to publish, now for our Secret Shopper Report.

Diamond Resorts 30 Cent Solution

A Secret Shopper Reports

Secret Shopper Report edited by Pete Gibbes, Secret Shopper Coordinator

November 20, 2018

By: Secret Shopper ages, 54 and 62

Works for Department of Corrections

Works for Department of Defense

We attended a timeshare member update in Williamsburg in November, 2018

We are struggling to keep up with loan payments and maintenance fees for the points previously purchased.  

The Virginia sales agent we met with would have driven us into insolvency if we purchased points based on our understanding of what the sales agent described. We both clearly understood the sales agent when he told us if we purchased additional points, we could pay maintenance fees at $.32 per point.

Had we purchased points based on what we both heard and believed, then filed a complaint, and based on reports from a significant portion of the 524 Diamond members who have reached out to our advocacy group, the answer we would have received to our complaint would have been a description of the legitimate 30/30 program that has nothing to do with paying maintenance fees with points. We would probably be told we misunderstood, and we signed a contract.

FACT CHECK

Only Platinum members can pay maintenance fees with points at $.04 per point.

We have learned there are many complaints from members who say they were told they could pay maintenance fees at $.30 per point. We’re not sure why this Virginia sales agent tacked on an additional $.02.

The sales agent wanted to attach our Barclays credit card, issued after our first purchase, to pay for maintenance fees. The agent said that for every dollar spent charging with the Barclaycard, you get two Barclays points if it is travel related -non-travel one point for every dollar.

The informed timeshare member should ask, “How much value does a charged point have?” Members think in terms of a point being like 2000 points to stay a week in Virginia. Already this is a little confusing. So we asked our sales agent how, for example, $100 charged would translate into actual value or money to pay maintenance fees? He said he didn’t know!

FACT CHECK

The answer is if non-travel related, 1%, so $20,000 charged in a year is 20,000 reward points.

We own 3000 points, so our maintenance fees should be around $600 a year. We only have a $2000 limit on the Barclaycard so the $2,000 charged would produce 2,000 reward points but would contribute only $20 toward the $600?! That’s a far cry from the oft repeated complaint we hear, “And you can pay your maintenance fees by charging purchases to your Barclaycard!”

We asked about the 1500 bonus points that we had been promised at our first purchase of 3000 points. He said he wasn’t sure. He continued to talk about buying more points. After we said no to his offer of points, he said he would go look into what happened to the 1500 bonus points. When he came back he did not even mention the bonus points, but once again he presented an offer to purchase more points.

He offered first 17,000 additional points. We said no. Next he offered 8,500 points. He said if 8,500 points were purchased we would become Silver members, and would then have access to cheap vacation weeks and the maintenance fee program where we could turn in points at $.32 per point to pay maintenance fees. I wrote this down and my husband was with me.

FACT CHECK

If we purchased 8,500 points we would only have 11,500 points so:

  1. We would not even be Silver, as Silver loyalty requires 15,000 points,
  2. Only Platinum members can use points to pay maintenance fees at $.04 per point. If a Platinum member turned in 50,000 points, they would only get $2,000 to be paid towards an $8,631 maintenance fee bill in 2018.

We said no to $8,500 points. We asked again about the 1500 points. He went to the back. The manager returned.  

The manager told us if we make loan payments to Diamond, those payments would go toward the down payment of 8500 points which would have cost:

Purchase price: $78,548 at $9.24 per point (Points sell for about $4 per point)

Down payment: $23,677

Timeshares have little to no secondary market

The manager, who did not provide his name, said if we paid a monthly loan payment of $400 per month, (hypothetical because we did not get far enough along to find out what our monthly payments would be), for each $400 a month payment, the $400 would directly reduce our down payment because they wanted us to lock in this great price per point at $9.24 per point.  We would not have to make loan payments on the principle balance until the down payment was eliminated.

Once our down payment was eliminated by loan payments, he said, as each payment would reduce the down payment, so once the down payment was eliminated, then we could finance the remaining amount and be credited our 8500 points purchased. In other words, we would make loan payments that would equal the down payment of $23,677, eliminating the down payment, and then the principle balance would begin ($55,613 after the down payment of $23,677 was eliminated).  

The manager wrote down “3000 points” and said we could not stay anywhere with 3000 points. He said we would have to pay half out of pocket because we had so few points.  We might be able to get a weekend somewhere. I was aware that there are many places to stay booking a one bedroom and that we can save points from one year to the next. I remembered that from the first meeting.

Fact Check

There are many weeks available for 3,000 points

What was really amusing is that we were given a paper stating that our price of $9.24 would be locked in until May 10, 2020. However, at the bottom, and I am not making this up, it said that the price of $9.24 was only available if we purchased that day, November 10, 2018!

From a May 16, 2017 Inside Timeshare article:

Inside Timeshare has received many complaints from members who say they were told they could pay maintenance fees at $.30 per point. It is an adulteration or, according to Diamond Hospitality Agents, a misunderstanding of a 30/30 program whereby 30% of vacation points can be credited toward travel discounts.

Here is one actual complaint from 2016:

Kathie O on December 6, 2016 reported being told she could redeem points for 50 cents a point to pay maintenance fees. The sales agent promised her she could open a Barclaycard to pay maintenance fees without explaining the reimbursement was on only 1.5% (at that time).

Fast forward to May 12, 2017 Kathie reported:

Yesterday in St. Martin sales agent Riza Young and her manager said that through travel services we could cash in 20,000 points for $.30 per point to pay for $6,000 in maintenance fees. We were also told at Grand Beach Resort in Orlando that if we bought 10,000 more points for $38,000 we could cash in 20,000 points for $10,000 to totally cover our maintenance fees of $8500 +. She told us she “hates it when agents lie to us.”

There is an abundance of confusion. Does Diamond think we are really that daft? That WE are making this up?

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

Once again the secret shoppers shed a great deal of light on the practices of sales agent at presentations, for those who have any doubts, the careers our secret shoppers have are ones of trust and integrity. Inside Timeshare knows who to believe.

Important Consumer Warning: Kimmo Honkaluoto

It has come to the attention of Inside Timeshare through extremely reliable sources information that may have serious financial repercussions to Finnish timeshare consumers.

It involves an ex-Silverpoint sales agent by the name of Kimmo Honkaluoto, who is believed to reside in the South of Spain close to Gibralter. According to reports he is well known by Finnish clients for his “scams” and “fraudulent” sales tactics while an employee of Silverpoint.

The latest is contacting Finnish clients of several resorts using illegally obtained client data, which it is believed he himself has stolen from a whole host of resorts.

Among the resorts are the Flamingo Club and the Chayofa Country Club, both located in Tenerife, there are also clients of a resort located in Dubai, United Arab Emirates. Clients are called and meetings are arranged in Finland with a view to relinquish their timeshares or even claim compensation against their timeshare resorts.

From our secure source we have been informed that Criminal complaints (denuncias) have been instituted against Kimmo Honkaluoto, in Dubai UAE, Mainland Spain and in Tenerife. The allegations are of a very serious nature and depending on where he is apprehended the sentences could involve very long jail terms, especially in the UAE.

The use of this data is not just the fact it has been illegally obtained, but it is also in breach of the current Data Protection Laws currently inforce.

It would appear that Kimmo Honkaluoto has a very full history of “scamming” people, he also has several aliases 2 of which are Joo Kimmohan and Antti Ikonen, these scams have ranged from working for ISS Designs Marketing SL, Realistics Solutions, and “ripping” people off for accommodation which he does not have. This is one we found on Tripadvisor:

https://www.tripadvisor.com/ShowTopic-g562820-i9676-k11042725-o10-Very_Cheap_accommodation_required-Playa_de_las_Americas_Tenerife_Canary_Islands.html

http://www.expansion.com/ejecutivo-administrador/kimmo-mikael-honkaluoto_5198344_N47.html

https://keskustelu.suomi24.fi/t/11269489/realistix-solutions-hotelli-la-pintassa

These are just a few of the posts we have found while searching for him on the internet, it is obvious he has been at this for a very long time with some posts going back to at least 2012.

So this is very strong warning to all Finnish timeshare consumers (as well as other nationalities), if you have been contacted by this person or indeed are contacted in the near future, use the Inside Timeshare Contact Page and give us all the details of yourself the resort and the nature of the contact. We will ensure that this information is passed to the appropriate authorities for addition to the criminal complaints and als to your resorts for them to add to their own criminal complaints.

If you have lost any money to any of Kimmo Honkaluoto scams, Canarian Legal Alliance will take on your case free of charge and add them to the criminal complaints.

Contact Canarian Legal Alliance:

Phone: +34 928 18 50 28
Email: [email protected]

As further news and names of resorts affected comes in, we will publish them here.

 

Start the Week: Exiting Timeshare and the False Promises from Exit Companies

At the end of last week we started our Letter from America with information provided by many of our readers on their attempts to exit or relinquish their timeshare, for many this has proved to be very costly. Many of these readers have given the same account, they paid a company many thousands of pounds to “exit or relinquish” the timeshare, only to find out that 3 years down the line they are not out and now owe thousands in maintenance arrears. Many are also facing court action by debt collection agencies.

In many cases it all starts with a cold call, in others the timeshare owner is seeking help and has either found the company on the internet or has been recommended by one of the so-called independent timeshare consumer advice sites. Many of these companies pose as law firms, paralegals and experts in timeshare exit, all to fool you the timeshare owner.

The initial offer is to get you “compensation” for being mis-sold, all on a no win no fee basis, but this is just the bait, before this can go ahead you first need to have the contract cancelled. Unfortunately this is what they are actually after and it does entail a payment upfront, in some cases upto £10,000!

So how is the “exit or relinquishment” processed?

Very simply it isn’t, the company will send a “unilateral letter of cancelation” or “exit notification letter”, all this means is that you have stated your intention to withdraw your membership. Along with this letter the owner is then told not to pay anymore maintenance, if the timeshare company sends an invoice for maintenance, just ignore it, you are out!

Eventually, as has happened to many of our readers who have sent in emails, they are now being bombarded with notices of huge sums in arrears, with the threat of being taken to county court for a debt. The timeshare company itself does not take the “debtor” to court, it is passed to a debt collection agency who do the legal stuff on behalf of their client, the timeshare company. One of the main companies that deal with this field is Daniels Silverman, who have a reputation for always getting paid.

As far as the timeshare company is concerned, you are still a member / owner and are liable for the maintenance, they have never accepted the letter of exit from the company that was paid to “exit” you from your timeshare. As we have stated in many previous articles, the timeshare companies do not accept or deal with theses “exit or relinquishment” companies, they will only deal with the member direct. They have their own systems in place for dealing with a cancellation, subject to certain conditions.

Have you paid a company for the cancellation of your timeshare and are now receiving demands for maintenance arrears with threats of legal action, if so use our contact page and we will get back to you.

If you answer yes to this question and want to know where you stand legally and what you can do about it, then contact Inside Timeshare and we will get back to you.

Remember, do your homework!

Friday’s Letter from America

Welcome to another Letter from America by our very own Irene Parker, this week we revisit our series on the 3 Rs and 1F of Timeshare, but first a word of caution brought about by some very disturbing emails received by Inside Timeshare.

These emails are all concerning companies our readers have paid to “relinquish” their timeshares, all being told that the “exit notification letter” being sent on their behalf is all that needs to be done and they are now timeshare and maintenance free. They are told they should not engage with the timeshare company or need to pay any further maintenance fee.

Unfortunately this is not the case, several of our readers have paid a certain company who shall remain nameless at present, but they know who they are, to exit their membership with Diamond, around three years ago. These readers are still getting demands for maintenance fees along with a surcharge for interest. They are also being threatened with court action and a debt collection agency.

The company concerned with these exits tells the clients that they are free of their timeshare  and to “DO NOTHING, PAY THEM NOTHING”. “That Diamond would not take court action because they knew they could lose given the dubious selling practices and the fact that no court would allow a company to insist on payments for a product the owner cannot use”.

We know that Diamond does chase unpaid maintenance, the debt is usually passed to Daniels Silverman a Market Leading Debt Recovery Agency, based in Liverpool. So it is not Diamond who take the “debtors” to court, but Daniels Silverman on behalf of their client Diamond.

If you are told to stop paying your maintenance fees until you have official notification from your timeshare company that your contract and membership has been cancelled, then failure to pay puts you in breach of contract.

It is also known that Diamond will not deal with these “exit” companies, they have their own system in place and will deal direct with the member. Remember no matter what these companies tell you, they are not “lawyers”, they do not know timeshare, all they know is how to take your money.

Now for this weeks Letter.

The 3 Rs or F of Timeshare Revisited (prior revision February 16, 2018)

Resolution
Relinquishment
Refund
Foreclosure

By Irene Parker

November 16, 2018

Our Timeshare Advocacy Group™ advocates brace for when timeshare companies hit the “send” button as millions of maintenance fee invoices hit inboxes.

February 16, 2018, when this article was previously published, we had heard from 300 readers since we began counting January 2017. As of November 14, 2018, we have heard from exactly 600 readers.  Not one of our readers was aware of the limited to no secondary market for a timeshare. This often triggers a complaint.

There is rarely a need to pay anyone money to get you out of your timeshare. Special circumstances, or if a member requests an attorney, we refer to one of the law firms we know and trust, if the timeshare company refuses to help. Seeking legal counsel is the right of every citizen if they feel they have been harmed, as is filing regulatory complaints.    

If you have a complaint, our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because no one wins them all.

Timeshare companies cry, “Don’t call an exit company! We have your best interest at heart!” What the timeshare company means is:
Don’t call an exit company because it interferes with our recycled inventory process! Let us foreclose! We make collection calls to you no more than twelve times a day. (Six to each spouse, as has been reported)
When exist companies boast, “We can guarantee you release!” beware that that guarantee may include foreclosure. You don’t need to pay anyone to foreclose.  
Our complaint form: http://insidetimeshare.com/the-tuesday-slot-11/

Our goal:  Convert an angry, desperate, overwhelmed and confused member into an empowered member. Timeshare Advocacy Group™ has 44 core advocates, including a team of reporting advocates to answer questions about regulatory and, if needed, law enforcement filings. All of our Advocates are unpaid.  

The First R: Relinquishment

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their members. http://www.licensedtimeshareresalebrokers.org/

LTRBA members charge nothing up front, so they don’t waste your time or money by listing a timeshare that, in all likelihood, will never sell.

The Second R:
A refund is not easy to come by, but in cases of serious and obvious fraud; a refund may be achieved. The complaint process begins with a petition to the resort, followed by the filing of regulatory and law enforcement complaints.

The timeshare lobby ARDA has a Code of Ethics. Not one of the 600 members who have contacted us could tell us what the letters ARDA ROC stand for, yet collectively give about $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opt-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member. Despite our advocates and members forwarding approximately 200 complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response.

ARDA’s Code of Ethics:

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.  http://www.arda.org/ethics/

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including Minnesota AG Lori Swanson:  
“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….”
Chris Parker, a reporter for City Pages writes: “Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—and details of misconduct are kept private,”

http://www.citypages.com/news/the-plot-to-kill-consumer-protection/451334393

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.
http://insidetimeshare.com/tuesday-slot-arbitration/

According to the FBI agents and attorneys we spoke with, it is not legal for a company to hide behind fine print, providing sales agents the means to say anything they can come up with to sell points. With little enforcement in some states, deception prevails. Families after family have no option but foreclosure, if they have a loan outstanding. Most members contacting us do.        

The Third R

It doesn’t happen very often, but there is the possibility the member just doesn’t know how to use the booking system. Blanket statements like “You can always book online cheaper than using timeshare points” are not accurate. My husband and I are Diamond owners. We have often booked two weeks in Sedona or Orlando for less than it would cost booking online using our points.

I ALWAYS tell members when they say, “After we signed we read all these negative complaints!” that there are just as many and more who use and enjoy their timeshare.  

    Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed with the Better Business Bureau, Attorneys General, and lawsuits.

If you foreclose, there will be a hit to your credit score, but if you feel you are a victim of unfair and deceptive sales practices provide the credit rating agencies or your lenders with the reason why you refused to pay off a timeshare loan. Lenders are human. Many will take this into consideration.     

I asked timeshare attorney Mike Finn of the Finn Law Group some common questions we are often asked about the foreclosure process:
Will the timeshare company try to ruin my credit for non- payment of maintenance fees, loans or both?


Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can members be taken to court for non-payment of maintenance fees or loans?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?  

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never. A foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about five years. Rarely will they sue for deficiency balance.

http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

http://www.finnlawgroup.com/english/learning-center/page-12

Our Advocates, bringing experience and expertise from all walks of life, are here to help you put your timeshare in the rear view mirror, if that is your goal.

Our mission

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, useful as always, in the Tuesday Slot next week, we will have another “Secret Shopper” report, edited by Pete Gibbes the Secret Shopper Coordinator, so join us for another insight into the murky world of a timeshare presentation.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

News from the Courts

Inside Timeshare has received the following information from Canarian Legal Alliance, going by this news they are certainly having a very busy time.

By the end of last week, 9 November they had 31 pre-trials or full trial in the Spanish Courts, these were on mainland Spain and the Canary Islands. They also filed 44 new cases with the courts, so the judges are going to be busy for a long time yet.

They also last week received sentences in for the following:

  • 4 against Anfi Del Mar at the Courts of First Instance
  • 1 at the High Court, again against Anfi Del Mar
  • 1 against Silverpoint in Tenerife

In total they recouped over 206,000€ for their clients plus all the contracts were declared null and void, leaving the clients timeshare free.

Court of First Instance, Maspalomas

It is also becoming more common for the judges at the courts in Gran Canaria of not sending the the cases to a full trial, but issuing their sentences after the pre-trial. It was also announced that one judge in Tenerife has also followed suit and will not be sending the case for a full trial, but will issue his judgement in due course. This is obviously speeding up the process and is good news for the clients.

This week has also started on a good note with judgements issued on the following dates:

12 November

In the Court of First Instance in Maspalomas there were two against Anfi, again no trial but issued after the preliminary hearings, the first was issued 1 month after and the second was issued in just 7 days. The clients are to receive over 112,000€ and 31,000€ respectively.

In the High Court in Tenerife, Silverpoint were on the receiving end with the order to return over 15,000€ to the client and the contract being declared null and void.

On 13 November, again after a pre-trial the judge ordered the return of over 23,000€ and a German client will receive back over 103,000€, both Anfi contracts have also been declared null and void.

Anfi once again have been on the receiving end of 2 more judgements at the Courts of First Instance in Maspalomas, the infringements of the timeshare laws were perpetuity and floating weeks. The first client has been awarded 0ver 53,000€ plus legal interest. In the second this client has been awarded over 45,000€ which includes double the deposit paid, plus legal fees and interest.

Another timeshare company was also ordered to repay over 36,000€ plus legal interest for a perpetuity contract. This contract with Puerto Calma was also declared null and void.

So there are some very happy ex-timeshare owners, who will be celebrating this week.

Canarian Legal Alliance also announced this week they have broken another record, they have received their 300th sentence against various timeshare companies so far this year, with still just under two months left to go. This is double the number they achieved last year and equates to more than 1 a day. The total amount awarded in these sentences is a staggering 10.8 Million Euros.

This is just for timeshares sold in Spain that have infringed the now strict timeshare laws, for clients of timeshares purchased elsewhere in the world there is another branch to CLA, this company is called CLA International FZE and their head office is located at:

The Fairmont Dubai, Office 508, Sheik Zayed Road, Dubai, U.A.E.

+9714 311-6657

FAX:+971 4332 8810

[email protected]

https://clainternational.ae/

With branches spread around the world and a network of International Lawyers who specialise in timeshare litigation, they are opening the doors to many more timeshare owners who are in need of specialist help. Obviously with the success of the Spanish lawyers it will not be long before we start to see this spread to success in other parts of the world.

The Tuesday Slot

In this weeks Tuesday Slot, Irene Parker writes about the Veterans who have reached out for help with their “Nightmare on Timeshare Street”. It is also to remember all those who served, Sunday in the US was Veterans day, in the UK it was Remembrance Sunday, there were also services and gatherings all over Europe to remember the 100th anniversary of the end to the Great War. One thing was common, to remember those who gave their lives in the service of their country.

Veterans Day 2018 – A Tribute to Those Who Served and

To those veterans we have gotten to know through timeshare

By Irene Parker

November 13, 2018

My father was a Navy veteran, but I did not grow up hearing about war stories. It wasn’t until Inside Timeshare started hearing from veterans and active duty military service members and law enforcement reaching out to us, that I heard war stories of heroism that left me in awe.

That’s not my father pictured above. It is the actor Glen Ford. My dad served in the Navy with Glen Ford. Dad always said he had the best job in the Navy. He was a cook for the nurses until his medical discharge for ulcers. He enlisted at age 36, called to the cause. Many Thanksgiving dinners were ruined because of too much salt in the dressing and when he cooked chili or shrimp, it was always enough for a barracks. He once told me he was in the monkey cage at the San Diego Zoo. “You mean at the monkey cage,” I asked? “No, I was IN the monkey cage. They turned the monkey cage into an infirmary.”  

I started hearing about accounts of heroism when veterans who purchased timeshares started asking for help. Army veteran Leo Gomez contacted me. He was worried about an outstanding timeshare loan. After listening to Mr. Gomez, I said I did not hear any deception so he would in all likelihood be responsible for the loan. That night something bothered me. I called Leo the next morning and asked WHY he changed from one program to another. His reply was more than enough assurance to convince me that he had been lied to, especially since he did not KNOW he had been lied to. I asked if the sales agent knew he had pancreatic cancer, likely a result of Agent Orange exposure. He said yes because he was tired from the aftereffects of treatment. The company did resolve his issue, but with hours left to live, Leo’s wife called distraught, saying the credit card company was calling demanding to talk to him, demanding the $4,000 down payment. Leo passed away November 2, 2018.

Leo earned two Purple Hearts.

      

https://www.opednews.com/articles/A-Fourth-Agent-Orange-Vete-by-Irene-Parker-Fraud-180917-513.html

From Marine veteran Raymond Mori

Mr. Mori’s daughter Teresa also contacted me distraught. Despite being timeshare members for years, they were sold a trial program. As the bills mounted, Teresa delved into their contracts.  She called the timeshare company and asked that the trial program be cancelled. Teresa said the timeshare customer service agent said they would have to talk to her dad. She said they “fixed” it by selling them 17,000 additional points for $49,492.

Mrs. Mori called me one day. What she described as Mr. Mori’s symptoms sounded like the symptoms experienced from a type of blast syndrome that causes brain changes that contribute to flashbacks and symptoms associated with PTSD. Mrs. Mori had explained that for years Mr. Mori woke up with horrific memories. He had spent over five months in a diabetic coma.

Teresa decided to attend a sales presentation at their resort to see what would happen. She said the sales agent attempted to sell her mom and dad $234,000 in additional timeshare points at age 83, while Mr. Mori was dozing off in his wheelchair, possibly a side effect from prescribed drugs.

Mr. Mori earned two Purple Hearts

60 Minutes aired a segment on how explosions can affect the brain. Veteran Mancini later committed suicide.

https://www.cbsnews.com/news/brian-mancini-brain-how-ieds-may-be-physically-causing-ptsd/

Raymond Mori in uniform Raymond and Lillian Mori

  

George Yamada, disabled from Agent Orange, paid US Consumer Attorneys $6,000 to get out of his timeshare contract. We helped him for free. George works as a pension administrator. He bought points he said were sold as an investment. After I suggested George file a complaint with the Securities and Exchange Commission, his loan was terminated.

https://www.opednews.com/articles/Let-s-Honor-our-Veterans–by-Irene-Parker-Fraud-180908-59.html

These are only three of our veteran complaints. Of the 81 military and law enforcement timeshare members that have reached out to us, 55 are veterans. Of the 55 veteran complaints, 22 resolved their dispute, but not without losing money.

Several of our veterans were scammed by a timeshare exit company. We helped one 100% disabled Agent Orange exposed Army veteran, who was up-sold by a sales agent we have 17 complaints against, resolve his IRS issue. He was issued a $170,000 1099 tax liability form, but we were able to provide him with the information he needed to get this reversed. The timeshare exit company in Branson was of no help.    

I listen to members and type the member’s account as we talk, as they explain what went wrong with their timeshare. We have a list of contacts their complaints can be sent to.

Some states will investigate based on a volume of complaints, but other states seem to walk lock step with the timeshare developer and reply to all complaints filed with, “You have no proof.” In those states, timeshare sales agents can say anything, based on responses from 514 timeshare members.

Of course, there are honest timeshare sales agents. They too are harmed by the actions of predators.

When someone is helped by our efforts we suggest a donation to Whistleblowers of America. They included our report on unfair and deceptive timeshare sales practices in their report to the Joint Committee on Veterans Affairs presented March 14, 2018. Whistleblowers of America seeks justice for the military and government workers.

https://whistleblowersofamerica.org/

Veteran stories are humbling. Several developers have worked WITH us instead of against us, but they are companies that will listen to the merit of a complaint rather than auto-dismiss with “You signed a contract” or “We are not responsible for what our sales agents say.”    

Veterans Day was Sunday, but there is never a day we should not remember our veterans.

NEVER FORGET

Related articles: The St. Louis Better Business Bureau Timeshare Report

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry?bbbid=0734

Thank you Irene for this account, it is horrific that people who have given their all should be treated in this way, just to satisfy the greed of some sales agents with the complicity of their employers.

The timeshare industry needs to change, it is they and they alone who are destroying what should be an industry that promotes happiness, fun and family memories, especially for those who have served.

If you have any comments on this or any other article published, Inside Timeshare would love to hear from you, just use our contact page and get in touch.

At the going down of the sun and in the morning we shall remember them.

Start the Week: More Information On Fake Law Firms

Welcome to our first article of the week, once again it is a warning about the “fake” law firms that are operating out of Tenerife, ADN Alberto Dlendro Nabalez, Litigacionesespaña SL and Litigaciones SL, all part of the Litigious Abogados family.

http://litigacionespanasl.com

http://litigaciones.com

This information has been supplied by one of our readers who has been contacted by them, but there is now a new aspect to how they are operating. As we have explained before, the initial contact is to inform the owner of a pending court case against their timeshare resort / company, now to be part of this action, a “procurator” fee is required to be paid by bank transfer. The case was to be against Marriott Marbella Beach Resort and Marriott Son Antem SL, with the director being named as Marcos Row, ( we wonder if this is a play on Mark Rowe). The case was lodged on 9 October 2018 and a hearing set for 30 October at 12.20pm in Court No 5 Santa Cruz de Tenerife. Very quick indeed. It must also be pointed out that Marriott did not sell in Tenerife, only Marbella and Mallorca, so any cases would need to be brought at those respective courts, not in Tenerife.

Now our reader refused to pay this fee, and told them they were not interested, then on 31 October they received an email from Litigaciones SL, another “fake” firm informing them that the court case had been heard and they had been awarded over £34,000 by the court. All this even though they did not pay the initial “procurator” fee!

This award is to be paid by bank transfer or personal cheque, once they receive confirmation from the court that the funds can be released. No doubt there is going to be an “tax” which needs to be paid first, going by the previous accounts we have received this is going to be around 20% of the awarded amount.

The “Procurator” is named as Miguel Cioban Alinas with the address

Calle Las Guarras No. 2, Edificio, Tijeras, 269, Santa Cruz, Tenerife

Which does not come up on any searches, so is more than likely a fake address.

He also has the following website

http://procuradores-alinas.com/

Registered on 1 October 2018 and is due to expire on 1 October 2019, once again only registered a few weeks ago and running for only 1 year, the registrant is again hidden by a privacy company.

They also give the email address as

[email protected] yet another free email provider. The website provides no telephone number and gives very little information.

The account where the fees should be transferred is in the name of Miquel Cioban Alinas, it is a branch of BBVA, with the bank address of Parque Santiago, 2, 38660, Santa Cruz De Tenerife, there is a bank at this address although it should be Parque Santiago,2 38660, Arona, Tenerife.

The IBAN number is ES96 0182 5928 1002 0158 0390

Bic Number is BBVAESMMXXX

We do know that at least 25 other owners have been contacted with this same case, Inside Timeshare does have the names, but as yet we are unable to trace them.

Below are PDF files of all the documents received by our reader, they are all “FAKE” including the court document. If you have had a call or received any similar documents via email, please note they are a very sophisticated fraud, they are also very similar to the documents all the other incarnations this group has been using over the past 3 years. Each incarnation runs for only around 3 to 4 months before a new name appears.

Timeshare Claim

Timeshare_Claim redacted

Prevous articles

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

http://insidetimeshare.com/start-the-week-litigaciones-sl-a-new-name-in-the-litigious-abogados-family/

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

http://insidetimeshare.com/fridays-letter-from-america-29/

If you have received any calls, emails with documents which resemble these, then use our contact page and get in touch, do not pay anything, you will never see any of the money again.

Remember, doing your homework first will save your hard earned cash.

Friday’s Letter from America

Today Timeshare Advocacy Group Secret Shopper Coordinator Pete Gibbes describes a remarkable Diamond sales presentation. Inside Timeshare is always ready to publish a good report. Pete has not yet heard back from the sales agents and managers who said they would look into the complaint that prompted Pete to become more involved with advocacy efforts. Inside Timeshare will follow along and report in as soon as Pete hears back.

On 17 October Inside Timeshare published an article warning about another new “fake” law firm in Tenerife called,  ADN Alberto Dlendro Nabalez, Litigacionespaña SL, we have now had another reader send us information on the contact they have had with them. It seems that the Director of their timeshare resort The Harbour Club at Los Gigantes, Tenerife, has been charged with fraud. ADN have told our reader that many owners are getting together to cancel their membership, ADN would do this for them for 20% when the claim goes through.

Our reader then received another call informing them that a date has been set for a hearing on 20 November at 12.20pm. All they need to do is pay the “fake procurator” as soon as possible and they would be part of the case. This is very speedy indeed, but as we have said before this is all a FRAUD, there is no case, the director has not been charged with fraud and no trial date has been set. If you have had a similar call to this regardless of who you own with, then contact Inside Timeshare, your information is invaluable in helping others steer clear of this outfit.

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

It has been a very busy week for the courts all over Spain, on Wednesday 7 November there were 15 cases being heard in various courts against a variety of timeshare companies and resorts.

In Tenerife another High Court has affirmed a First Court sentence and declared a Silverpoint contract null and void, with the return of their initial payments and double the deposit paid.

Continuing with Anfi, after yesterday’s article, it was announce that a further two sentences have been received from the Court of First Instance No 1 in Maspalomas, both contracts have been declared null and void with the return to both the clients of over 43,933€ and 47,582€ respectively.

Court Sentences PDF’s

Anfi Sentence a

Anfi Sentence b

Now for this weeks Letter from America.

Our Diamond Resorts Experience

A Not So Secret Shopper Reports

By Pete Gibbes, Timeshare Advocacy Group™ Secret Shopper Coordinator

November 9, 2018

We stayed at Diamond’s Los Abrigados Resort in Sedona Arizona October of this year. I was treated like royalty during a member update and sales presentation, neither of which would have lasted 15 minutes unless I had more concerns. Our sales promotion presenter, who said he had been with Diamond Resorts for 27 years, said that if we would like to buy more points we could talk about it. If not, was there anything else we wanted to ask? I asked if I was in an alternate universe.

They maintained that the company no longer employs hard sell because they found it to be counterproductive.

The internet is flooded with complaints that begin with, “The sales agent said….” only to be dismissed with, “You signed a contract” or, as we were told in 2016, “We are not responsible for what our sales agents say.” In my opinion, any company which does not take responsibility for their salesperson’s words and actions is implicitly incentivizing them to misrepresent the product in order to elicit a sale. When the sales agent is allowed to keep his or her commission, time after time, undisciplined or not terminated, that company is rewarding unfair and deceptive business practices.

To avoid being fleeced, I advise – don’t believe a word a timeshare sales agent says. “You signed a contract” is a fair response for simple buyer’s remorse.  If companies refuse to reverse transactions when allegations of misrepresentations are detailed and credible, sales will ultimately be affected.

I hope our experience at Los Abrigados is representative of future updates to come.   We received “Priority Check-in”, i.e., whisked to their VIP accelerated check-in which, according to the Diamond Resort’s website, is reserved for ‘Gold‘ and ‘Platinum’ loyalty owners, but I’m just a ‘lil old Silver member’.

During the update I was asked to document my previous purchase elicited, I believe, by deception. They actually wanted me to put it all down in writing because they wanted to directly bring my case to Diamond. They said to specifically use the word ‘misrepresentation’, because that has been the term which phony sales presentations have been scrutinized over. They also said to be sure to put that I was pursuing legal remedies, because Diamond took that seriously.

Two or three higher level people at the update were shocked and dismayed about how we had been treated in 2016. A senior manager appeared and commiserated with us. He sweetened the vouchers. They maintained that several years ago the abusive sales practices were addressed and things changed for the better. They were glad that I had let them know how I had been so shabbily treated before. They wanted to go to bat for me. (My account of what happened in 2016 follows this Secret Shopper report.)

At the sales presentation we were told that we could use our Diamond points to pay for nights at ANY 3 star rated hotel. I’d be reimbursed for 300 (or 400?) points per night. Now that’s not a bad deal, at least for many Diamond stays. At 400 points per night for 7 nights you’d be paying 2800 points for a very nice lodging, and it would be wherever you wanted to go, whether there was a Diamond resort available or not. I had not heard of such a benefit. This time around I will confirm if this is true. I have this sales agent’s contact information. He said to call him anytime about anything.

Also, there are supposed to be now 39 different ways for you to spend points, although he said points for flight miles wasn’t a very good use of points at $.07 to $.10 per point. It would take about $2,000 in maintenance dollars to book one domestic airline ticket. Typically, the best of use of points for any timeshare member is to use the points to stay at the resort’s properties. There are 39 different ways to use points? That may be a whopper.

I would like for someone familiar with alternative uses of points to refer me to where all these uses are detailed so we can calculate the actual value. I don’t see them listed on the Diamond website. Members need to do their timeshare math, as using the Barclaycard to pay maintenance fees is only at 1% per purchase, so it would take $200,000 charged in a year to pay a $2,000 maintenance fee bill. When members are told, “You can pay maintenance fees by charging purchases to a Barclaycard”, do the math to determine the actual value of this strategy.  

We were given all kinds of extra vouchers and discounts to attractions because I had had such a poor experience with the company. The concierge seemed amazed at the generosity of our discount/voucher amounts. He said he had never seen anything like it. Thought somebody must have made a mistake. This may have been a bit of luck, but our unit had what surely must have been the best view of the red rocks as anyone there.

The entire experience was far friendlier than I have ever experienced at a Diamond Resorts property. It was bizarre. Could they have been apprised that I am TAG’s Secret Shopper Coordinator? Or does Los Abrigados just happen to be a resort where members are treated particularly well? If my dispute over our 2016 purchase gets resolved, I will credit the sales team at Los Abrigados. I certainly would praise this particular resort, if my experience is typical, which I don’t know. I thought you would find my experience of interest. Maybe someone can even explain it to me.

All in all, I felt like Donald Trump must feel like when he stays at one of his properties. I do have to say that if the people I dealt with were ‘acting‘, they should be up for some awards, because even my highly tuned BS detector never flashed any warnings. Unfortunately it never did two years ago either. Proof is in the pudding, as they say.

It may be advisable to make all the people on our advocacy site Co-coordinator Secret Shoppers.

Here’s what happened to us at a Hyatt presentation in Charlottesville 11/18/2016.

My goal here goes well beyond getting this transaction reversed. I am hoping all those who feel that they experienced unfair and deceptive sales practices will come forward and file regulatory complaints and warn prospective buyers to be EXTREMELY skeptical of anything a timeshare sales agent says. This is not fair to those selling the product honestly, but the liars are so good, it is impossible to tell the difference.

We originally purchased 11,500 points in 2007 at Lake Tahoe Vacation Resort. We were not unhappy with Diamond until the 2016 Virginia purchase.

We learned about six months after our purchase that a Diamond “buy-back” program described in great detail by our sales agent does not exist. The buy-back program was the only reason we purchased the additional 4000 points for $15,500.

We attended the member update only because we wanted to get out from under the Diamond points we had already purchased. It was then DRI sales agent Mark W offered us a “great new deal” whereby DRI members who bought enough points to become Silver loyalty members could sell back ALL Diamond points.

After multiple “no” responses to other reasons to buy additional points, Mark W brought up the non-existent program that was of great interest to us. He said that if we became Silver members, after three years, we would have the option to sell all our points back to Diamond for $108,000. He said Gold loyalty members would be able to sell points back in two years. He put this in writing (which I have), by writing down $108,000. He also wrote 2Y=G and 3Y=S.

I was extremely skeptical because I had never heard of a timeshare buying back points. However, after he repeated this ‘new deal’ about five times, we finally decided he must be telling the truth. We signed.

When we ultimately learned there was no buy-back program we repeatedly asked Diamond to cancel the contract. Diamond’s response inevitably was, “It doesn’t matter what the salesman said,” or even wrote down apparently. They said that we had signed the contract.

My oral and written requests to get our contract cancelled began around June 2017. When you buy additional points, obviously you are not thinking about selling. It is only until you inquire about selling you learn you were duped.

I am encouraged by the Sedona Diamond representatives and their willingness to look into our complaint. There is a lot more detail to our complaint, but no sense rehashing it here since the entire experience is well documented. I look forward to hearing what my new friends at Los Abrigados find out.   

Advocacy Facebook offer support groups for those who have had bad timeshare experiences like ours. Our Facebook has over 2,000 members.

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/


Contact us at Inside Timeshare or one of our Advocacy Groups if you or someone you know needs timeshare help.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

So that is all for this week, join us again next week for more news and views on the world of timeshare, have a great weekend.

La Provincia: Anfi Director Declares Lawsuit Between Cazorla Brothers

Over the past couple of days Inside Timeshare has been reporting on the report by La Provincia (6 November) on the case being heard at the Court No. 1 San Bartolomé de Tirajana, between Santiago Santana Cazorla and his brother Miguel Santana Cazorla, for unfair administration of funds and another of imposition of abusive agreements.

It is alleged that Miguel authorised an unjustified payment of indemnity of 718,000€ to Arturo Ramirez for the position of “Institutional General Director”, a position that Santiago Cazorla claims Ramirez did not hold. It is claimed that it was a post created to justify the bonus in a pact instigated by the partners and Miguel Cazorla.

In his lawsuit Santiago Cazorla not only implicates his own brother but also includes some of his most trusted and closest partners such as Arturo Ramirez and including Manuel Fernández and Martin Suárez, who are also administrators of several other companies.

In testimony to the Judge, José Luis Trujillo, who was at the time these event took place the Director at Anfi, spent almost an hour in the presence of his lawyer and legal representatives explaining why this money was paid to Ramirez and what has happened to it.

José Luis Trujillo leaving the Court of San Bartelomé de Tirajana

Another aspect of the Lawsuit alleges that the “Institutional Director” had also provided professional service to Anfi Sales and Anfi Resorts during the periods of 29 March 2012 until 10 April 2018. It is alleged that he did not hold this position for which he was paid and also no contract.

Santiago Cazorla also states in his complaint that the defendants took advantage of their positions as directors of the companies, using their positions “of control of administration to effect this compensation”.

In a document presented to the judge it states that Miguel Santana Cazorla and Manuel Fernández ordered Banco Sabadell to make the transfer from Anfi Sales Accounts. Therefore the Judge has requested from Anfi Sales and Anfi Resorts minutes of the meeting when the Board of Directors agreed the compensation to Arturo Ramirez. The court has also requested the bank to provide all documentation regarding this transfer.

In the next few weeks all four defendants will be summoned before the judge, with Miguel Santana Cazorla appearing on 26 November.

Inside Timeshare will keep you updated on events as they unfold.

One thing about Anfi is they do always keep us riveted with all their (dodgy) dealings, so it doesn’t surprise us one iota that the brothers are now also at loggerheads!

We just wonder how all the members at Anfi feel about what has been going on, after all it is supposed to be their club and it is their money that is being misused. We also ask the question of those who are on the committees and have constantly supported Anfi under the Cazorla’s what they think now and will they continue to be stool pigeons for them?

PDF of the La Provincia article

La Provicia Translation

PDF of the translation

La Provincia Article Translation to English