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The Tuesday Slot with Irene

This week’s Tuesday Slot is not from Inside Timeshares very own Irene Parker, but has been contributed by Meryl Reyman another new contributor, today she highlights the problems in Nevada.

First we have a look at the timeshare world in Europe and the latest court cases.

Last week we published the news of the 100th Supreme Court ruling then the 102nd and 103rd, after publication we received the news of yet two more rulings from Spain’s highest court, bringing the total now to 105

The first is another ruling against Silverpoint in Tenerife, the main points are the illegal taking of deposits and the contract being over 50 years in duration, the sentence which can be seen in the PDF below runs to 15 pages and shows even more infractions of various laws not just timeshare law 42/98.

1st N4 Silverpoint data protected (tay)

The court declared these clients contract null and void, awarding over 34,000€ plus legal interest.

The second Supreme court ruling is yet another against Anfi, at the moment we do not have details on what the infractions were, but the court again declared the contract null and void with the return of over 78,000€ plus legal interest.

These rulings from the Supreme Court are the proof the timeshare companies are losing, despite what they and others may be telling the public.

Going back to the articles regarding the David Cox and TESS allegations against Inside Timeshare and Canarian Legal Alliance, the TESS website and Mr Cox have been very quiet. In fact nothing has been published since 22 March, well, we wonder if Mr Cox can’t think of what to write, after all his ramblings clearly show he is not sound of mind. We leave you the reader to decide on that one.

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

http://insidetimeshare.com/tess-allegations-facts/

Now for our Tuesday Slot by Meryl.

Timeshare Companies, Preying on the Young, the Elderly and Military Personnel, are under your Noses Here in Nevada

section 5

By Meryl Reyman

A retired attorney and former senior executive of a large marketing/advertising agency located in New York City. I am now a resident of Henderson, NV.

A Nevada Timeshare “Buyer Beware” Media Campaign

April 17, 2018

During a recent stay in Las Vegas my husband and I attended a hard sell timeshare sales presentation. After 5+ hours of promises, and a 15 minute perfunctory signing of extensive opaque written documents, we went home with a contract only to discover that very little of what was said over those five hours was in the written documents. We successfully rescinded the contract. Since timeshare sales agents rely on the vacationer not taking the time to review documents, we were lucky that we lived in the area and had time to catch the concealment.  

The FBI defines fraud for profit as “deceit, concealment, violation of trust, and bait and switch.” Oral misrepresentation fits the bill. And so does deceit and concealment if new purchasers cannot access the booking website until after the expiration of the rescission period. Many complainants tell us they can’t determine the value of their purchase until they’ve passed the time period to cancel.

Given the perpetual nature of the timeshare contract, the lack of a viable secondary market, and rising maintenance fees, consumers can find themselves stuck in a hamster wheel of “recycled inventory” with points foreclosed or taken back, only to be sold again to the next unsuspecting vacationer.

Of course there are many who use and enjoy their vacation points. I’m sure there are timeshare sales agents selling the product honestly, but the escalations in timeshare company default rates, lawsuits and the number of Attorneys General investigations (TN, MO, AZ, CO, NY, WI) indicate a serious problem. Are we in timeshare haven Nevada going to allow deceit to continue by dismissing families with, “you have no proof”?  

I hope not. If you are in agreement, we need your help.

We are launching this media campaign to alert and educate the timeshare consumer, because the Court of Public Opinion seems to be the only court open if you bought timeshare points in Nevada.  

After our experience I started digging. I learned that timeshare deceit has been ongoing since before Social Media. I have decided to use my skills to advocate for timeshare reform. This is not a one company problem.  In my opinion, and it is the opinion of 44 timeshare advocates from our Timeshare Advocacy Group™, timeshare, and especially the point-based timeshare system, has evolved to encourage and allow sleight of hand, predatory sales.

Timeshare Advocacy Group TAG has had a hard time keeping up with the flood of complaints. TAG has received 136 timeshare complaints just since January 1, 2018. Most of these complainants have reached out to the Nevada Attorney General and the Nevada Real Estate Division, where the timeshare companies and their agents are licensed to do business, to no avail.

Timeshare sales agents know they are protected by their corporate goliath. One vice president endorsed this by responding to one member, “Our Company is not responsible for what our sales agents say.” In actuality, there is proof, if the Nevada authorities would simply aggregate the complaints. They would then see the weight of allegations of deceitful sales practices that, because of their similarity, appear to be orchestrated from the top down.

Some of these predatory practices include:

  • Delaying delivery of important information so that the legal contract rescission period is undermined. Several complainants could not get onto the website until after close of escrow to determine the number of points actually needed to go to their desired destinations.  
  • Luring customers to “owner updates” and “new customer orientations” that are really hard upsell opportunities,
  • Instilling fear by falsely advising that current fees of existing owners will go up astronomically unless they purchase “new program” points,
  • Instilling fear by falsely advising that heirs of the elderly will be saddled with astronomic fees unless they purchase “new program” points,           
  • Holding onto customer ID and credit cards, and their children! One member reported hearing children screaming while customers sat through hours of hard sell,
  • Feeling pressured into high interest rate loans (12% to 18%) and higher interest rate credit cards.
  • Claiming that timeshare points will increase in value over time!! In fact, a class action lawsuit has been filed to fight this “investment” claim. For many timeshare points, there is little to no resale value.

We have a summary report of more than 50 families who have filed complaints against a Nevada sales center. This report is available upon request. Two of the complainants are:

  • Roy and Lillian Simmons, in fear of losing their home, up-sold to $2,700 a month in timeshare loan payments, living on Roy’s letter carrier pension.

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

  • Raymond Mori, recipient of two Purple Hearts, 23 years a Marine, at age 83, in a wheelchair, told to buy an additional $234,000 in additional timeshare points. Teresa is sure her parents would have signed if she had not been with them.

Do not believe anything a timeshare sales agent says in Nevada. If you do intend to do business with a timeshare sales agent, make sure they put promises in writing.  

For more information, please contact me at: Merrey@cox.net or Timeshare Advocacy Group: https://www.facebook.com/timeshareadvocategroup/

Thank you to Meryl for her advocacy efforts. If you or someone you know needs help with a timeshare concern contact one of these self-help groups that Inside Timeshare feels is not industry influenced.

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

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

https://tug2.com/Home.aspx

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

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

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

advocate 1

Thank you Meryl for your contribution and also Irene for the editing, we also once again thank all the volunteers who give their time effortlessly to help other timeshare users in trouble.

In this Friday’s Letter From America we will be highlighting the story of Gad and Noreen Liebmann, who are currently staging a protest outside Diamonds Daytona Beach Resort. We are through Inside Timeshare readers and those on the various facebook pages receiving many messages of encouragement and support for both of you. We will obviously be keeping our readers posted as the story unfolds.

If you have any questions, comments about any article published, or need any help in identifying any company that has contacted you, use our contact page and ask Inside Timeshare. We are here to help and point you in the right direction.

stop press 1

News has just come in from the Bournemouth Daily Echo, the trial against Francis Madden, Claire Garland, Keith Furneval and Jean Furnaval, regarding a timeshare fraud which ran for several years has started.

Their company Central Marketing Ltd, defrauded thousands of pounds in selling bogus holiday clubs and other products. The trial is expected to last at least six weeks, for the full story see link below.

http://www.bournemouthecho.co.uk/news/16164465.Four_face_trial_on_timeshare_fraud_charges/

true false

TESS Allegations: Here are the Facts

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

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

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

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

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

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

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

Silverpoint Supreme Court link

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

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

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

Puerto Calma Supreme Court link

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

Anfi

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

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

98.2 data protected Silverpoint (sea)

99.2 data protected Silverpoint (pau)

100.2 data protected Puerto Calma (rus)

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

MIGUEL ÁNGEL MELIÁN SANTANA [Nº3552 ICALPA ]

ÓSCAR SALVADOR SANTANA GONZÁLEZ [Nº 3563 ICALPA]

MIGUEL RODRIGUEZ CEBALLOS [Nº 2814 ICALPA]

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

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

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

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

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

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

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

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

David Andrew COX – Personal Appointments

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

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

DavidCox

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

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

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

Hope to see you in court soon.

 

Thursday Roundup

Thursday Roundup

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

Home

 

manuel-hidualdo-logo

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

manuel selando hidualdo
Manuel Selando Hidualdo

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

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

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

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

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

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

They give two telephone numbers:

Freephone: 0800 802 1746

Tenerife Tel: 0034 822 685 013

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

email: manuel-hidualdo@consultant.com

email: hidualdo-uk-claimants@consultant.com

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

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

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

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

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

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

Read the Praetorian Legal post below:

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

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

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

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

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

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

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

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

It is the third paragraph which made us laugh,

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

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

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

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

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

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

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

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

homework

tues

The Tuesday Slot with Irene

Although this is the Tuesday Slot with Irene, we welcome a new contributor, Greg Jennings with his “Nightmare on Timeshare Street”, once again Irene Parker was the editor. As usual we will have a quick roundup of some of the news in Europe.

Yesterday we published the article on Silverpoint and their announcement that they had stopped the resale programme of Club Paradiso, today we received another Newsletter. This one is from Club Paradiso and is slightly different from the last in that they now claim they are looking at alternative “Marketing Agencies” to begin the “Resale Programme” for Club Paradiso members.

The question is now, will this be a company set up by Silverpoint, or will it be an already existing company?

The other question is regarding the resale market itself, where is it?

That question we leave you the reader to answer.

Last week Canarian Legal Alliance announced their 96th and 97th Supreme Court victories, this is an amazing achievement, making yet again Spanish legal history. These cases were against Puerto Rico SA (Puerto Calma) and Silverpoint respectively. Both contracts being declared null and void and the total awarded in both cases 56,600€ plus legal fees and legal interest.

CLA also published in their news section a letter from one of their clients, Mr Rolf Ingvar Høyer, (Professor Emeritus (BI Norwegian Business School, Oslo). In this letter he explains his dealings with CLA in the long running case against Anfi.

This began in 2009 and ended up with the case being heard at the Supreme Court, with 131,000€ being transferred to his bank account at the end of last year. For his full story follow the link to the CLA website.

https://www.canarianlegalalliance.com/celebrating-victory-mr-hoeyer/

With all the negative spin being put out by Anfi against CLA, this should leave you the reader in no doubt that timeshare companies cannot be trusted with the truth.

So on we go with another readers experience at the hands of Diamond sales agents.

My Name is Recycled Inventory

Geek

By Greg Jennings

Diamond complaint #58 out of 94 Inside Timeshare received since January 1

March 20, 2018

How I became a victim of Diamond Resorts

The first year: They said that there was a meeting I should have been invited to, but if I wrote a note to the sales manager stating that I was not aware of this meeting, I could buy additional points at the reduced sale price.

2017:  I attended yet another Owner Update, unhappy with my Diamond ownership.  I was in way too deep and my employment situation was not secure. During this meeting, Las Vegas DRI sales agent Jeff Regier asked why I was unhappy, and then proceeded to tailor his sales pitch accordingly. I told Jeff that the outstanding loan was unaffordable, and that without full time work, my savings had been depleted in order to keep my Diamond loan current.

That’s when he offered what appeared to be the perfectly tailored pitch:

If I purchased 4000 additional points, I would be at a level where I could use the points to pay maintenance fees, would qualify for a lower interest rate on the mortgage, and most importantly, if I was unable to continue, I could pursue the “Exit Strategy”, where Diamond would buy back my ownership at a reduced rate. Jeff said these benefits wouldn’t be accessible until after January 1, 2018. This is how they dodge the rescission period.

The following link and comments are from a Ripoff Report against Jeff Regier written by Jonathan Brown, July 8, 2016:

https://www.ripoffreport.com/reports/diamond-resorts/nationwide/diamond-resorts-diamond-resorts-international-timeshare-scam-hostage-liar-las-vegas-n-1315868

If you want to actually take a vacation and enjoy it without being forced to sit in an office for 7 hours then AVOID DIAMOND INTERNATIONAL. I had 2 specifically bad Sales reps here Andrew Fernando, wouldn’t let us leave even when my Son needed food. Went and got food so that we could STAY. My son needed a Nap, he said, go give him a nap and then COME BACK!

Right, because that’s what I want to do on vacation, spend time with Andrew Fernando all day. Then Jeff Regier got involved. He actually corrected Andrew 4 times in front of me for not clearly explaining what was going on. Once I figured out that they wanted me to spend 30K More, I was out.

Back to my nightmare

lightening cash

My story begins 2006 or 2007. I was in a bad place in life. Most of my records had been lost. Talking about this is uncomfortable, because I feel stupid for falling for the scam I now understand this timeshare sale was. I’m embarrassed and ashamed. I only hope my story helps others understand the predatory nature of this industry and just how worthless the product is in relation to what it cost me.

I had originally purchased a timeshare from Monarch Grand Vacations believing I had purchased a retirement travel lifestyle for just under $10, 000. The sales pitch was impressive. Monarch owned eight premier resorts in the western United States and was affiliated with Interval International. In addition, Monarch owners could enjoy “unlimited Day Use” at any Monarch property, without using points.

My grandmother had recently died, leaving me with a small inheritance. I was drinking and gambling. In my depression I think I just wanted to secure some part of normalcy. I attend a convention in Las Vegas every year so assumed this ownership would make that more affordable. I had been suffering with a disability due to a chronic back injury. With no support base, dependent on narcotic pain medication, I was an easy mark for the timeshare sales team.

The first year was pleasant enough. I was able to travel to Las Vegas using the points, but was disappointed to learn Monarch would be going through bankruptcy.

The second year I exchanged my points through Interval International.

The third year in Las Vegas, I attended a Diamond “Owner Update” where I encountered the hard sale. They said due to bankruptcy, Monarch inventory was being transferred to creditors. With inventory dwindling to zero, there would eventually be no availability so my only option to preserve the value of my investment was to purchase into the Diamond Resorts family, as DRI was the largest creditor. This was accomplished with a separate loan, monthly payments, and an increase in maintenance fees.

Over the next few years, the owner updates were roughly the same. Apollo Global Management acquired Diamond and point values had been adjusted. I was told that in order to continue to attend my annual conference I would need to purchase additional points in order to find available inventory. These updates often exceeded three or four hours. My need for pain medication made me susceptible to doing whatever I could to end the updates. I panicked thinking everything I had been paying for would be valueless as Diamond reduced inventory in order to escalate demand for DRI points.

In 2016, I made what I thought would be my final purchase. I had just made Silver Level, but DRI sales agent Paul said that I was not financially viable unless I became Gold. I left with a new $374 monthly payment on a 15 year loan. I had been struggling to make the prior loan since my second accident that happened in 2011. I had lost my home to foreclosure while on temporary disability.

In 2017, I attended yet another Owner Update now seriously unhappy with Diamond. I was in way too deep and my employment situation wasn’t secure. I told Jeff  the loan was unaffordable and that my savings had been depleted. I had been trying to sell my timeshare on the secondary market but there was no demand for Diamond points. The $3000 maintenance fee cost more than 10 days in many hotels. The only way I had been able to secure DRI availability was in response to marketing emails which required another sales meeting.

During this update, DRI sales Jeff Regier asked why I was unhappy, and then proceeded to tailor his sales pitch accordingly: If I purchased 4000 additional points, I would be at a level where I could use the points to pay maintenance fees, would qualify for a lower interest rate on the mortgage, and most importantly, if I was simply unable to continue, I could pursue the “Exit Strategy” – Diamond would buy back my ownership at a reduced rate. These new benefits wouldn’t be accessible until after January 1, 2018. This is how they dodge the rescission period.

This “exit Strategy” was what I believed would be my way out. I of course didn’t need or want more points. Jeff Reiger knew I couldn’t afford more points. I only bought points because I was desperate to end my relationship with DRI. He used that to hook me. He also said he would act as my point of contact for all future DRI dealings, getting me discounted bookings and that I wouldn’t have to deal with any more sales people. After almost 4 hours, I needed to be done.

As it turned out, the interest rate was essentially the same, the loan was now 10 years, and part of the balance needed to be on a Diamond branded Barclays credit card offered at 0% interest. Jeff said if I called him in January he would get the 0% extended, and that I could use the card to pay down principal on the note. The loan required direct access to my checking account for approximately $560 per month. I went online in January with the tablet I had been given as instructed by Jeff, but could find no promised, “Exit strategy”, the ability to pay maintenance fees with points, or any form of buyback program. I had been duped.

I called Jeff in January and asked him to extend the zero percent interest on the credit card, and transfer some of the loan balance to the Barclaycard. He said I needed to call the credit card issuer myself, because he couldn’t do it without my personal information. He said if they would not extend it I could apply for a new card with a promotional interest rate. He then said he would be unavailable because he was going on vacation. This was the final straw. This was when I realized what a fool I had been to believe anything these people told me.

With my remaining 2017 points, I booked a trip to Hawaii by responding to a promotional email for Kona Village Resort. During the mandatory update, I refused to buy more points. I was then accused of illegally recording the meeting. The sales manager demanded I sign a blank form. When I refused, he said he’d “take care of it” adding that I’d never get a discount booking again. They also refused the promised resort vouchers for attending the presentation. This was a breach of the timeshare practice offering compensation for attending promotional meetings without obligation to purchase.

Sales agents claim points have value. They told me to preserve value I had to buy more points. They told me they would make ownership more affordable. They told me I could use points to pay maintenance fees. They told me if I couldn’t continue, they would buy back my ownership – LIES – every one of them. When I sent a letter to Diamond requesting information on the promised “Exit Strategy” I received an email stating no such strategy exists.

I have run out of money. The automatic payments have drained my account. I have come to terms with the fact that I have wasted over $60,000 over the last ten years trying to preserve what I was told was an investment in retirement travel.

As I sit here today, I am unemployed, struggling with a disability, and financially devastated. Diamond collection agents call every day. When they call, I ask if they are offering me employment. At first, they told me I needed to confirm my contact information for security purposes. When I refused, they told me they couldn’t discuss my account, so I ended the phone calls. They still call but no longer ask for verification. When I ask about the exit strategy, or if they are aware of promises made by their sales staff, they tell me they are only going to discuss my account. So I end the call.

I have no idea how to proceed, but I cannot pay with money I don’t have. I am sure they will find many ways to ruin what was left of my credit having bled me of my finances. They don’t care. I see them as predators. They will move on to new victims, and the cycle will continue. But I will no longer participate.

I am recycled inventory.

Comments from Irene: Greg is not stupid. We have heard from doctors, lawyers, a contract specialist for Consolidated Edison, professors, 34 active duty and retired military including Raymond Mori, recipient of two Purple Hearts. His daughter Teresa Laird submitted an article for this coming Friday’s Letter from America. I have an MBA and a CFP. We all signed DRI contracts. We all say we were told things that were not true. With 338 Diamond Inside Timeshare reader complaints received since late 2016, Greg is not alone. Unresolved complaints:

Josh Parker

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

Eron Grant

https://youtu.be/-FMk_45zRzk

Roy Simmons

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

Kevin Hopkins

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

 

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/timeshareadvocategroup/

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

We’re here for Greg

coloured hands

Thank you Greg, your story is truly up there with the worst of “Nightmare on Timeshare Street”. Also thanks to Irene and all the volunteers who are helping people like Greg. These stories are becoming all too familiar at Inside Timeshare, with readers contacting us on an almost daily basis.

If you have any questions or comments about anything in this article or previous one published, contact Inside Timeshare, using our contact form for a private message or post a comment on the relevant article.

Have you been contacted by a company offering you a service such as resale, claims or relinquishment, or are searching the net for one, then remember to do your homework before engaging with them. If you require any help in checking their validity, then use the contact form with your questions, we will then get back to you and point you in the right direction.

It pays to be diligent so do your homework and save your money!

give us money

letter-from-america

Friday’s Letter from America

Welcome once again to Friday’s Letter from America, this week is Earth to ARDA, it is an open letter to Mr. Clements, Mr. Nusbaum and Mr. Roth, it is jointly written article by Eron Grant and Irene Parker. Inside Timeshare can also report that the US team have had three resolutions this week. Diamond  is Listening. So well done all the US volunteers.

justice2

This week has been a rather busy one for the courts in Spain, with three sentences from the Courts of First Instance, two from the High Courts and ruling number 90 from the Spanish Supreme Court.

Anfi have had three judgements against them this week two at the Court of First Instance and one at the High Court. In the first two, Court Number 3 at Maspalomas, GC found for the clients, declaring their contract with Anfi null and void. This case was highlighted in the Tuesday Slot with Irene on 6 March.

The second case, held at Court Number 4, again in Maspalomas, another Anfi member had their contract declared null and void. Ordering the return of over £15,000 plus legal interest.

In the High Court Number 5 in Las Palmas, the judge again declared an Anfi contract null and void, with the return of over £14,000 plus appeal legal fees and interest.

In the same court another timeshare company Airtours has had one of their contracts declared null and void, with the judge ordering the return of over 12,000€ plus legal interest.

At the Court of First Instance Number 4 in Fuengirola on the Costa del Sol, Club la Costa has been ordered to return over £19,000 including legal fees and legal interest. The contract was also declared null and void.

In the Spanish Supreme Court in Madrid, another historic ruling, bringing the total number made by the Highest Court to a whopping 90!

This was against the Tenerife operation Silverpoint, again the contract was declared null and void with the return of over £10,000 plus legal fees and interest. There will be full article on this and another Supreme Court ruling next week, so keep an eye on these pages.

All these case have been brought on behalf of the clients by the Arguineguin law firm Canarian Legal Alliance, no doubt the clients and the lawyers will be celebrating this weekend.

cla-brochure

In other news, we had an enquiry into another company contacting Club Class members, this call was from a Madeline Swann of Gateway Services, apparently based in Telford. In the call she is telling the client that there is a payment due from the banks for being mis-sold his Club Class membership. All he needs to do is pay a certain amount by bank transfer to a Santander account to have the money released.

Haven’t we heard this one before?

On searching for this supposed company nothing came up, no company house records, nothing. So if you get a call from this Madeline Swann or anyone else saying they are from Gateway Service, do let us know. Remember, there will not be any money waiting for you from the banks or the courts.

Now for this weeks Letter from America.

Protest photo

This photo was posted on a Diamond sponsored member Facebook page, but removed. If you see these members at a resort near you, please send them to:

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

Earth to ARDA: WE GIVE – ARDA ROC – A MILLION DOLLARS A YEAR. BLUEGREEN DOES TOO

TO: Robert Clements, Lobbyist and General Counsel, Regulatory Affairs,

Howard Nusbaum, ARDA CEO,

Peter Roth, media contact

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

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

Inside Timeshare will be following Platinum Diamond members Roy and Lillian Simmons as they make their way through Vacation Ownership’s highly regulated industry. Mr. and Mrs. Simmons are worried about losing their home, up-sold at age 69 and 70 to $2,700 a month in timeshare loan payments. They are one of 23 Diamond Platinum members alleging they were fraudulently up-sold into financial disaster. Roy and Lillian Simmons first submitted their demands to Diamond’s Consumer Advocacy Department on January 8. Tuesday’s article describes what happened:

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

Next, they filed a complaint with the Better Business Bureau the end of February. The BBB closed their complaint in two days because a Diamond Hospitality agent from the Diamond Consumer Advocacy Department responded, “They signed a contract.” As Mr. Simmons describes on the YouTube, they were told Diamond shares were going to go up and split and they could make $3,000 to $4,000 a week renting Hawaii points because Hawaii points are so valuable. Mrs. Simmons is too devastated to have taken part in the YouTube production. Fortunately, Mr. and Mrs. Simmons have a daughter. On March 6, their daughter Angela filed a complaint with the FBI at IC3.gov against three Diamond sales agents, one in Hawaii and two in Orlando. She also filed a complaint with the FTC. Today she will refile a complaint with the BBB again asking, “What?”

You can file a complaint with the weakened Consumer Financial Protection Bureau, but since companies like Diamond and Bluegreen service the timeshare loan, members don’t even know the name of the lender unless the borrower has a lower credit score. Quorum Credit Union handles the lower score people. You have to select a lender from the CFPB drop-down menu. Timeshare companies are not an option.

Onward with complaints, they will file with the Florida, Hawaii, Minnesota and Nevada Attorneys General. The Florida Timeshare Division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014. Then there’s the state real estate division in Florida and Hawaii against Diamond’s Hawaii sales agent John Jessup and Florida sales agent Rafael Carerra.

If Diamond won’t help them, it’s possible the Simmons will lose not only their vacation points, but also their home, according to their daughter Angela. Angela said the $2,700 a month Diamond loan is a significant portion of their retirement income. It’s doubtful any of the filings will have an effect. Angela is surprised all of this is like a ten hour a week part time job.

Like Kevin and Brenda Hopkins, the Simmons are supported by Whistleblowers of America, an organization dedicated to seeking justice for military and government workers.

https://whistleblowersofamerica.org/

Kevin and Brenda Hopkins describe their extraordinary sales pitch:

http://insidetimeshare.com/fridays-letter-america-39/

Some Peasants Revolt

By Eron Grant and Irene Parker

Friday March 9, 2018

meeting in office

Mr. Clements, Mr. Nusbaum and Mr. Roth,

We are educated professionals, two among thousands demanding accountability, transparency and respect. Two of 44 Timeshare Advocacy Group™ advocates who have listened to 326 Diamond members allege predatory sales tactics that has caused financial disaster for hundreds of families, the possible loss of Military Security Clearances, ruined vacations, ruined honeymoons, damaged credit reports, members alleging they were over promised and oversold on availability, the ability to sell points, pay maintenance fees with programs that do not exist, the ability to rent points and the ability to lower interest rates, as in the case of Active Duty Navy members Amanda and George Jones. http://insidetimeshare.com/tuesday-slot-irene-3/

Lawmakers are beginning to listen, a few Attorneys Generals are listening (not Florida or Nevada), regulators are listening, and the FBI is listening. ARDA is not listening.     

Sure, there are 9 million happy timeshare owners who own and enjoy their timeshare. They might not have been affected by a life crisis, only to learn their timeshare has no secondary market, or been sold or up-sold by a deceitful bait and switch. By your own accounting, 83% of timeshare owners are happy. That leaves 1,530,000 members that are not happy. Over 900 Diamond members complained to the Arizona Attorney General’s office accusing Diamond and their sales agents of violating Arizona’s Consumer Fraud Act. Complaints to our Advocacy Group have not diminished since Arizona Mark Brnovich issued an Assurance of Discontinuance. The AOD is linked at the bottom of the press release.

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

Early complainers consisted of over 1,000 British Diamond members crying foul.

DRIP Enjin: http://drip.enjin.com/

Our Diamond Resorts Owners Advocacy Facebook launched by an economics professor has over 1,000 members. It’s hard to find Disney Vacation Club complaints.  https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

Here’s what happened to Mark and Eron   

YouTube produced by Doctor and Ms. Mark Grant

Our Timeshare Nightmare of a Lifetime

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

My husband Mark and I have kids. We are working professionals. We said we need to travel close to home. Our Diamond sales agents said, “No problem!” Grapevine, Texas Great Wolf Lodge sounded great! It was a bait and switch….

Most people don’t pull their kids out of school to take them to Great Wolf Lodge, so we searched Friday to Monday three nights:

April 6 – 9 Family Suite (6)

19,700 DRI points required @ $.22.5 maintenance fee $ = $4,432 for three nights.

As opposed to Booking.com April 6 – 9 Family Suite

 $819.97

101.67 ($33.89 per night service fee)

106.59 (13% tax)

$1,028.23 for three nights

This is not an ARDA’s Code of Ethics concern? I ask again:    

red dress

What ARDA Code of Ethics?

The ARDA Code of Ethics was designed to encourage an honest and fair competitive landscape for the vacation ownership industry, while upholding the highest forms of integrity, dignity and propriety.

Let’s review this Code. I actually read it.

Code of Ethics: Frequently Asked Questions

Question:  Why does ARDA have a Code of Ethics?

Answer:  ARDA and its members are committed to the highest standards and ethical behavior in vacation ownership. To demonstrate that commitment, all ARDA members as a condition of membership must agree to comply with the ARDA Code of Ethics. The Code consists of not only general conduct requirements, but also specific requirements for members to adhere to when transacting with consumers, standards for disclosure of information to the public, rules regarding resort management, base guidelines for resale activities, as well as administrative procedures for interpretation and enforcement of the Code.

Note from Eron and Irene: Diamond points have no resale activity. We think this is something a consumer might like to know before signing a perpetual contract.

Question:

What can be done to a (an ARDA) member whose actions are in violation of the Code?

Answer:  If a member is determined to be in violation of the Code (of Ethics), ARDA may take the following actions:

  • Privately or Publicly Admonish the Member
  • Prepare a Letter of Censure
  • Place the Member on Probation
  • Suspend the Member from ARDA Membership
  • Terminate the Member from ARDA Membership

Note from Eron: In addition to Diamond members giving ARDA ROC a million dollars a year, Diamond President Ken Siegel sits on ARDA’s Board of Directors. Diamond members are billed $7 for a “voluntary opt-out” donation from members who in all likelihood cannot even tell you what ARDA ROC stands for. I know I had no clue what the letters ARDA ROC stand for.    

Question:  Who do I contact if I have questions about the Code?

Answer: After reviewing the provisions of the ARDA Ethics Code, if you have questions, please call 407-245-7601 and ask to speak to the ARDA Ethics Administrator, or e-mail customerservice@arda.org.

Note from Eron: After waiting 4 months for a response from Julie Schwartz (not Lobbyist and General Counsel Robert Clements because he would not take my call), I’m not feeling optimistic about making a phone call to ARDA’s Ethics Administrator. The fact you have to email customer service is not a good sign.

Note from Advocate Irene: I have sent ARDA about 100 of our most grievous complaints from Diamond Resorts members, seniors in fear of losing their home, military members in fear of losing their Security Clearance, alleging they were victims of fraud for profit. Not a word other than through the timeshare grapevine, “She’s writing articles for people.” No I’m not. I edit articles submitted to Inside Timeshare.

Inside Timeshare has received 340 reader complaints, 78 since January 1. Our Diamond Advocacy Facebook page has over 1,000 members, Bluegreen members’ Facebook 800 (they are trying to keep their membership below 800).

Question: Does ARDA support the consumer?

In our opinion, only when the issue at stake is in line with developer’s wishes. One Advocacy Group banned ARDA from attending their meetings after a 2015 Florida bill was passed making it more difficult to get out of timeshare contracts due to nonmaterial errors.  

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

If the wishes diverge, lobby dollars go to work:

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

Question:  What does ARDA do with the information it receives from the general public regarding the potentially unethical conduct of its members?

Note from Eron: Nothing – My non-response from Julie Schwartz, ARDA-ROC Consumer Support representative serves as an example:

Answer:  ARDA does not mediate or arbitrate individual disputes between consumers and ARDA member companies. When we receive information regarding a potential violation of the Code we forward those complaints to the company for their consideration and resolution.

Note from Eron:  Who sits on your board and gives you a million dollars a year.

It is then up to the respective parties to resolve any potential dispute. Information submitted by the public may be used by ARDA to act against members when there is a consistent pattern of business practices that are in violation of the code.

Note from Eron: What about the 900 Diamond members who complained to the Arizona Attorney General? Better Business Bureau lists over 1,000 complaints.

Don and Irene Parker’s Diamond experience:

Like Eron, we purchased points for a specific location, New York City. Our daughter lives there. Like Eron, we learned it would cost approximately $8,500 in  Diamond maintenance fee dollars to stay one week at the same hotel, same time for $950 through an online booking service. I checked year round.

Next, we attended a predatory sales presentation at Diamond’s Grand Beach in Orlando. I spent three decades in sales selling everything from pianos to stocks and bonds. I know a predatory sales agent when I meet one. Thoroughly disgusted, we went back to our room at Mystic Dunes, turned on the television, and saw the Queen of Versailles, a FOX News Property Man segment about Jackie and David Siegel, the owners of Westgate timeshare building their 90,000 square foot home. We were in the process of moving from Kentucky to Venice Florida, so it just seemed natural to write an article called “The peasant of Venice and the Queen of Versailles” describing wealth out of touch with reality.

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

One true benefit of owning Diamond points has been developing relationships with other professionals, over 1,000 of us, who have bonded together like a band of brothers and sisters, to fight widespread timeshare corruption we feel is so ingrained in the timeshare industry, it is accepted and considered normal, kind of like #metoo or sexual abuse, as happened at Michigan State. Look how long that went on.

At least timeshare members are finding each other now, no longer silenced and isolated. When timeshare members need a voice, they can contact Inside Timeshare. We can help.

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

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

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

 

If you need any information about this or any other article, company that contacts you or you have found on the internet or advertising in the press, then contact Inside Timeshare and we will point you in the right direction.

It pays to do your homework and due diligence before engaging with any company, not all are what the say.

Have a great weekend and join us next week.

weekend

no win

Timeshare Claims Companies and No Win No Fee

On 5 March, Inside Timeshare published the article about Aspirantco SL, we have been reliably informed of inaccuraccies in this article, which was based on information received from sources we believed reliable.

Inside Timeshare would like to put the record straight. Carl Alan Jenkins and his company Aspirantco SL are nothing to do with Silverpoint or Mark Cushway.

Aspirantco SL are now the official marketing company for Excel Resorts, which is the management company for all the properties in the former Silverpoint portfolio. Excel Resorts cancelled the contract with Silverpoint and Mark Cushway for the sales and marketing of the resorts.

Centaurus Mediations is linked to Mark Cushway and Silverpoint companies.

Carl Jenkins was the former second in command for Mark Cushway, but he resigned as he did not agree with the sales and marketing practices that were being used by Silverpoint. His company Aspirantco Sl are endeavoring to readdress the past mistakes and operate within all legal boundaries.

Inside Timeshare apologises to Carl Jenkins and Aspirantco SL for the misleading information published in the article. Inside Timeshare should have made more stringent checks on the sources. We hope that Carl Jenkins accepts this written apology.

gave

Today’s article is in response to many enquiries that Inside Timeshare receives on an almost daily basis, it centers around the promise of no win no fee claims.

From the many companies now operating in this field, especially since the Spanish Supreme Court ruled that many contracts sold in Spain are illegal, this has become a growth industry.

Firstlly, if you purchased or upgraded an original purchase in Spain since 5 January 1999 and your contract has the following, then you may just have a valid claim:

  • The contract is for a duration of more than 50 years, what is usually known as perpetuity;
  • You have been sold either floating week or points systems, (in many cases this may include fractional);
  • You paid a deposit or even the full amount within the 14 day cooling off period, (in some cases this may be extended to 90 days).

In order to claim it has to be done through the Spanish courts and legal system, this will mean employing a lawyer or law firm with the relevant experience in this field. Not all lawyers will have the correct knowledge of the laws involved.

For example Inside Timeshare knows of one German owner who took on the services of a German Lawyer based in the Canary Islands, to file a claim against Anfi. Unfortunately this particular lawyer wrongly informed his client to stop paying the maintenance fees. Eventually the case went before a judge at the Court of First Instance in Maspalomas, he lost the case. It was deemed that because he had not kept up his maintenance fees he was in breach of contract and his membership had been cancelled.

So what is involved in taking out legal action in Spain?

Once you have found a reputable law firm or lawyer with the correct experience, all contracts will have to be translated into Spanish.

A Power of Attorney will need to be signed to allow the lawyers to act on your behalf. This is not a full Power of Attorney and is only applicable to that case. It can be done either in Spain or at a notary in your own country.

Once this has been done they are then sent to the assigned lawyer for case preparation.

They will then be passed to a Procurador to file at the court along with the relevant court fees and taxes. A judge will then be assigned and the process will start.

For this to be put into place legal fees are required to be paid, these cover all of the above and are payable either in full or can be paid by installments depending on the firm or lawyer you instruct. They do not work on a no win no fee basis.

There are so many companies now that are telling owners that they have a claim and will do this on no win no fee. Then comes the crunch.

In order to do the claim a rather hefty amount of money will need to be paid to cancel the timeshare, or what is known as relinquishment and then the claim can be lodged. In some cases the client also has to buy into another product.

The problem is once a contract has been terminated then no claim can be filed at any Spanish court, so where and how is the claim going to be done?

section 75

The most common is through Section 75 of the Credit Consumer Act 1974.

Unfortunately most owners will have purchased more than 6 years previously, which most card companies use as the cutoff point. Also the fact the owners will have most probably used their timeshare in the period since they purchased.

So the timeshare resort or company will quite rightly state that the owner had received the goods or service they had paid for, after all they have taken the holidays.

Section 75 will cover:

  • Not receiving the goods or services paid for.
  • The company has gone into liquidation.
  • Faulty goods or goods not fit for purpose.

It does not cover the fact that you were sold a timeshare product that has been deemed an illegal contract in Spain.

As for timeshares purchased elsewhere, the same would also apply under section 75.

For information on what is involved in a section 75 follow the link to the Martin Lewis website:

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

There are some UK firms that will offer a claim through the Spanish courts on a no win no fee basis, which may be genuine, these will use what are known as litigation funding. In essence these are companies that speculate on the probability of a win and will invest the funds to pay for the legal services. These will result in at least 40% of any funds awarded being taken in commission. Many of these types of litigation funders are used for class actions.

If you are tempted by these type of offers, one thing should be taken into account, an insurance policy should be purchased to cover any costs in the event of losing and being awarded the other sides costs, or you could be in for a bill of thousands.

There are some very basic questions you need to ask, if they are unable to provide any answers then you do need to think very hard in accepting their offers.

  1. What type of claim are they doing, is it a section 75 or are they using the courts?
  2. If they are using the courts, which jurisdiction are they using?
  3. What are the names of the lawyers including bar association membership numbers or the law firms they will be employing?
  4. If on a no win no fee basis, how is the court case to be funded?

Remember, not all timeshares sold will be valid to make a claim, off course the company talking to you will tell you that you do have a claim, after all they are sales people after your money.

It is also fair to point out that many law firms only offer no win no fee for injury, accident and medical negligence claims, these are where the client is going for compensation. With timeshare claims you are not getting compensation, but the return of money originally paid for a contract that is deemed illegal.

If you have been contacted by any company offering any of these services and would like to know the truth behind what they are saying, contact Inside Timeshare and we will give you an honest answer.

Want to know if a company or law firm is genuine again contact Inside Timeshare, don’t forget, doing your homework will save you in the end.

homework

tues

The Tuesday Slot with Irene

This week’s Tuesday Slot with Irene has been submitted by Angela Simmons Sandstede, as you will see the story of what her parents have been through is not a happy one, it is another “Nightmare on Timeshare Street”.

First some European timeshare news.

Yesterday, the Court of First Instance Number 3 in Maspalomas announced yet another Anfi Contract null and void, the judge sitting on the trial was new and this was his first ever timeshare case. He awarded the UK clients £11,923 for the purchase price along with £13,248 for double the deposit paid within the cooling off period. The clients have also been awarded their legal fees and legal interest. Again this judge was following the rulings by the Supreme Court.

The case was brought on behalf of these clients by Canarian Legal Alliance, the lawyer representing them is one of their newest and youngest lawyers Eduardo Álamo, who only obtained his law degree in 2014, he then went on to study extra courses in 2015 and became a member of the Las Palmas Bar Association in 2016. Definitely a lawyer to keep an eye on.

eduardo

Over the past few weeks Inside Timeshare has been receiving enquiries about a company called RSB Legal, these readers have paid this company for relinquishment and to lodge a claim on a no win no fee basis. Unfortunately they are are unable to contact them.

In another twist it has just come to light that another company Stanton Mortimer which we believe are linked to RSB run by Ricky Walker, Kevin Walker, Kevin O’Connor and Matt Lowe have now shut down and seem to have disappeared with many clients making criminal complaints.

RSB have also been the subject of many discussion forums, the one below goes back to late 2016.

http://forums.moneysavingexpert.com/showthread.php?t=5510732#topofpage

If you have dealt with either of these companies contact Inside Timeshare and we will give you information on what you can do.

Now for this weeks article.

March 4 – 10 is NOT Consumer Protection Week for Timeshare Members – Part I

An Extraordinary Diamond Investment Opportunity that Wasn’t

Part II – Friday “Earth to ARDA” by Eron Grant

couple

By Angela Simmons Sandstede on behalf of my parents

Please help my Mom and Dad Diamond Resorts, AARP, ARDA, Minnesota Attorney General Lori Swanson, and Hawaii Attorney General Doug Chin

March 6, 2018

I am writing this article because my mom and dad had to sign a non-disclosure agreement. When my mom, who is diabetic, started slipping into a diabetic sugar shock during a sales presentation, the Diamond “Hospitality” representative at Mystic Dunes, Randy Siegel, told my parents to sign papers to lock in a price per point. What they really signed October 2017 was a purchase agreement to buy a Sampler (trial) package for $3,995. They already owned 78000 points. Why would they need a trial program? Diamond refunded all but the down payment. For this they had to sign an NDA? But guess what – this was nothing compared to what happened next. If you do the math, there is no alleged about what happened.  

Roy and Lillian Simmons, ages 69 and 70, Minnesota residents

My dad is a Navy Veteran

Our YouTube: You have to listen to the YouTube for this to make sense

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

My parents, Roy and Lillian Simmons, had been loyal and happy Diamond Platinum members for almost 20 years. By 2014 they had purchased three or four US Collection Diamond vacation point packages ending up with 27000 US Collection points. In 2014 they bought 25000 Hawaii points transferring their US Collection points to the Hawaii Collection now owning 52000 Hawaii points. Everything was fine up to this point.  

The horror began in 2015 when they were told they needed to transfer from the Hawaii Collection to the US Collection, buying 25000 more points for $151,192.  Now they owned 77000 US Collection points. Why back to the US Collection?

In Orlando Florida Diamond sales agent Rafael Cabrera told my parents they should not have bought Hawaii points. They were transferred from the Hawaii Collection back to the US Collection. The reasons:

  • Maintenance fees will go up because Hawaii is so expensive
  • They have hurricanes in Hawaii so they can have special assessments

March 31, 2016 they went to Diamond’s Ka’anapali Beach Resort in Hawaii. There they met with DRI sales agent John Jessup. Mr. Jessup told my parents they should transfer the US Collection points back to the Hawaii Collection to take advantage of a remarkable investment opportunity my dad described on our YouTube. It was remarkable, but it didn’t exist.

Transferring 77000 US Collection points back to the Hawaii Collection involved a weird 1000 Hawaii point purchase and transfer fee costing $32,840 or over $32 per point. You have to buy some points to transfer from one side of the ocean to the other. In other words, they were charged $32,433 for the non-existent investment opportunity. Diamond points, according to member reports, sell for $3 to $4 per point. Sales agents are quick to point out the list price is $9 going up to $11.     

According to my dad, he was told:

“Hawaii real estate is so valuable! Diamond can’t buy any more property. The “shares” are going to split! You can double your profits! You can get $3000 or $4000 a week for renting out your points!” said Mr. Jessup. “Being able to pay for maintenance fees and rent points is what sold us,” explained Mr. Simmons.

“I don’t know anything about Hawaii special assessments?” Mr. Jessup added.  

http://www.poipuowners.org/News.html

YOU CAN’T SELL OR RENT DIAMOND POINTS UNLESS YOU RENT TO FRIENDS OR FAMILY. DIAMOND DOES NOT ALLOW RENTING FOR COMMERCIAL PURPOSES. THERE IS NO SECONDARY MARKET FOR DIAMOND POINTS.

My parents are about to lose their house over this! Their monthly Diamond loan payment is $2,750 per month.  

My mom and dad live mostly on my dad’s pension from the US Post office plus Social Security. My mom teaches piano part time. My dad works part time as a substitute in a school kitchen. They were able to manage 52000 points before the last fraudulent up-sell but can in no way afford 78000 DRI points.

Three Barclay cards were opened – two in my mom’s name and one in my dad’s name to charge the down payment. The interest rate jumped to 13.9% for the Hawaii points, but was 9% or 10% previously. When filling out the Barclaycard application, the sales agent crossed off with a black marker all their credit card/Diamond loan expense information, I assume so they would qualify. “We don’t need that information. We just need your home mortgage and car,” he said. I just found this out as well. Mr. Jessup also suggested my dad pay off the Diamond loan by taking the money out of his retirement plan. “I worked as a Financial Advisor. This would only be an 8 to 9% penalty,” Mr. Jessup advised. When my dad spoke to a real Financial Advisor, he was told taking money out of his government retirement plan would have cost over 40% in taxes and penalty.  

My mom is so stressed over this pathetic attempt to make them STAY VACATIONED she is losing her health and so upset she could not participate in our You Tube. Her sugar levels are worse, affected by stress.

Through Social Media I have learned this “ping pong” upsell is a common and deceptive false claim – sales agents working for the same company telling members you should not have bought this or that collection, depending on what side of the Pacific Ocean you are on. You don’t have to be a senior citizen to get confused about the back and forth transfer up-sells.

hands in hand

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

Diamond at first acted like they cared. I reached out to Diamond Resorts Consumer Advocacy January 8, 2018. They asked for income verification because of the up-sell dispute. My dad sent income verification three times, but they couldn’t find it even though it was faxed. Each time Diamond’s hospitality agent would say they didn’t receive it, but then would say they did. Then they told my parents they were making over $100,000 a year. My parents did not even make that much money when my dad worked for the US Post Office.

A Better Business Bureau report was filed the end of February. A few days after filing, the Better Business Bureau closed out the complaint because Diamond responded, “They signed a contract.”

The FBI advised a recent Diamond member, those who feel they have been a victim of deceit and bait and switch to file a complaint with the Federal Trade Commission in addition to filing at IC3.gov and orally through the FBI’s public access line calling your local FBI field office (#4 then prompt #3 white-collar crimes). Contact Inside Timeshare if you have questions.

With all the complaints Inside Timeshare is receiving and passing over to the US team, this is only the tip of the iceberg. Irene and her other volunteers are inundated with formulating complaints ready for filing with the FBI, as we get results we will be informing you on these pages.

Remember, if you don’t know what to do whether it is similar to the above story, or you have been contacted by any company or just found a company on the internet and want to know if they are genuine, then contact Inside Timeshare for the best advice available. It will also help if you let us know if you are US or European based, this way we can point you to right team.

us-eu-coop

letter-from-america

Friday’s Letter from America

This week’s Letter from America is not the one originally planned by Gay Hart-Brewer, as usual Irene Parker sends draft copies in advance to the company involved in the article. In this case the company contacted the person concerned with the dispute and we may just have a result. So first a little extra from Europe.

Inside Timeshare has had a number of enquires about Resort Management Direct, this has nothing to do with the running of your resorts, they are in essence what is known as a flybuy company. See the article from March 2016 which explains a flybuy in detail.

http://insidetimeshare.com/what-is-a-flybuy/

Basically a flybuy is a cheap discounted holiday offer which provides clients to resorts for the purpose of attending a sales presentation for either a timeshare or holiday club. These presentations are for a minimum of 90 minutes (if you can believe that), but will usually last several hours and involve the usual high pressure sales tactics.

saleman

Failure to attend the presentation will result in either removal from the resort or being billed full price for the accomodation, which may be a couple of thousand pounds. So the moral of the story is beware the cheap deals.

The new “fake” law firm Martin Zabala Abogados, based out of Madrid, is still contacting Palm Oasis owners and stating they have been “APPROVED” by the court in Las Palmas to act for owners of Palm Oasis. They are now using a Spanish mobile number:  0034693671006

Remember, COURTS DO NOT APPOINT OR APPROVE ANY COMPANY TO CONTACT TIMESHARE OWNERS.

Anfi have again this week been on the receiving end of two more sentences from the Court of First Instance in Maspalomas.

In the first case, the client has been awarded over £26,000 plus legal interest, with their contract being declared null and void. The same court on the following day declared another contract null and void with the client being awarded 15,738€ for the purchase price plus a further 15,951€ as double the deposit paid within the cooling off period.

Two very happy ex-timeshare owners and a costly two days for Anfi.

judge

Inside Timeshare has also been handed a verdict from the Audienca Provincial of Palma de Mallorca, this case goes back to 2016 and involves no less than eight clients of Marriott Resorts.

The court found against MVCI Management SLU and MVCI Holidays SL, for breaches of the timeshare law 42/98. The total amount awarded by the court is 357,481€. when we get the court papers translated fully we shall publish it here.

Now for this weeks Letter from America which has been revised in light of the news that the company had contacted the author.

Seniors (and others) Driven into Timeshare Foreclosure

By Gay Hart-Brewer for Consumer Protection Week

State of Residence:  CA

Abuse

I made a YouTube that was posted above to warn the elderly and the young to be aware of predatory timeshare sales tactics, appearing to be widespread in the timeshare industry, with the exception of Disney Vacation Club.

March 4 – 10, 2018 is Consumer Protection Week

https://www.consumer.ftc.gov/features/national-consumer-protection-week

The Federal Trade Commission has asked us to:

  • Plan an event
  • Write about it
  • Blog about it
  • Spread the word

I understand I am supposed to say “alleged” and “in my opinion” but my husband Ed and I know what we were told when we invested in a timeshare. Supported by lawsuits, Attorneys General investigation, Better Business Bureau and internet complaints too numerous to mention, I will offer our devastating timeshare experience as a lesson for all Tuesday if our differences are not resolved.

“You signed a contract,” in essence endorses and encourages the actions of these agents employing tactics that are predatory and criminal. They don’t even deny the lies. When a timeshare agent tells an outrageous lie, instructing the member to call him or her to accomplish something the agent knows full well can’t be accomplished, the member is told, “It doesn’t matter what I said. All that matters is what is in the contract.” It’s a sordid partnership between the sales agent and corporate.

This type of white-collar crime is known as fraud for profit, as defined by the FBI.

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

The actual article scheduled for today has been pulled because someone from the timeshare company reached out to me yesterday, after months of insufferable agony over this dreadful experience.

Part II of What is Elder Abuse will air February 27, Tuesday, with or without my YouTube, depending on if the timeshare company will do what is right, just and honest. We pray it will be a positive article about a positive outcome.

Timeshare bait and switch must stop. Social Media is here to stay.

We may be elderly, but we will no longer be victims.  

Thank you Gay, we all hope that the outcome for you is a good one.

Inside Timeshare once again thanks all contributors and readers who contact us with information, it really does help others to avoid many problems. As usual, we repeat our warning, before engaging with any company that has contacted you or that you may have found on the internet, check them out and do your homework. This due diligence will save you more than just money.

If you need help in looking for the information you need, contact Inside Timeshare and we will help you find it.

Have a great weekend.

weekend

tues

The Tuesday Slot with Irene


Here we are with another Tuesday Slot with Irene, this week it is all about “Whistleblowers”, those who decide they need to tell the inside truth about companies, organisations or even politicians. Inside Timeshare has highlighted this topic before, without them we would never know the truth. But first a quick look at Europe.

We started this week with a warning about the scam involving clients of Ramirez and Ramirez, our old friends from the Costa del Sol, this one had an unusual twist as it involved the Supreme Court in Portugal. We are used to seeing letters supposedly from Spanish Courts, maybe because they have been highlighted this so often the “fraudsters” have decided to take a different angle.

There is still no news on the sentencing of Dominic and Stephanie O’Reilly of EZE Group, last year they pleaded guilty at Birmingham Magistrates Court, they were sent to the Crown Court for sentencing as the powers of the Magistrates Court were deemed insufficient due to the severity of the offences. When we know what they receive we will let you know.

We are still receiving emails from clients of the Mark Rowe companies being investigated by the South West Police, Regional Organised Crime Unit, that they have been contacted by the Police and are making statements. This is obviously a huge investigation and will take some time, we will keep you informed of any developments.

To finish off the European news this has just come in from the courts in Maspalomas.

The Court of First Instance Number 4 has issued their latest sentence against Anfi, The judge has declared the CLA clients contract null and void and ordered the return of over £26,000 plus legal Interest. This is another blow to Anfi and the CEO’s claim they are not losing in the courts!

Now for the Tuesday Slot with Irene Parker.

United in Speaking Truth to Power

remember vets

A borrowed headline from Whistleblowers of America

Press release

February 20, 2018

Introduction by Irene Parker

The Whistleblowers of America press release below describes alleged misuse of power. Seekers of justice and fair play seek to change corporate and/or government corruption. Deceit can become ingrained and accepted. It becomes the norm until those brave and determined enough to fight back, strike back.

Vivieca Wright Simpson, VA’s third-most-senior official, altered language in an email from an aide coordinating the trip to make it appear that Shulkin was receiving an award from the Danish government, then used the award to justify paying for his wife’s travel, Inspector General Michael J. Missal said in a report released Wednesday. VA paid more than $4,300 for her airfare. https://www.washingtonpost.com/politics/veterans-affairs-chief-shulkin-staff-misled-ethics-officials-about-european-trip-report-finds/2018/02/14/f7fbc020-0c3a-11e8-8b0d-891602206fb7_story.html?utm_term=.e6c8f81cab95

Inside Timeshare has connected 31 active duty and retired military and law enforcement members, alleging they were a victim of timeshare fraud for profit. Whistleblowers of America is dedicated to seeking justice for this population.  

Five members of our military and law enforcement group are worried about losing their security clearance, including two who have published articles:

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

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

I have highlighted the following excerpts in red from the Whistleblowers of America press release below, noting similarities between what VA workers and timeshare victims confront when power and wealth seek to destroy individuals and families by way of corporate greed and misuse of power.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.

It takes at most a day to buy a timeshare, but weeks, months and sometimes years to cancel a timeshare contract. There are endless rebuttal emails responding to timeshare contract fine print experts (also known as customer service representatives), regulatory and law enforcement filings, YouTube interviews, and media outreach.

Such has been the case with reports of homelessness numbers being underreported

Non-disclosure agreements and private and binding arbitration rulings have effectively swept timeshare corruption under the rug, but recent Attorneys General actions, Social Media, and lawsuits are saying, “No more.”

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

If a fraudulent timeshare presentation is recorded, or the victim works for the media or for an Attorney General’s office, or has a family member working in these fields, resolution is quickly achieved.  

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

One timeshare company initiated the recording of Quality Assurance sessions, announced as a consumer protection. The QA session occurs after a two to eight hour hard sell sales presentation, basically a nodding, initialing and signing session. The sales session where the crimes are committed is not recorded and members have reported the recording of the QA session being used against them and some buyers coached on how to “pass” QA because they didn’t get “the letter” (that was never sent).

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

The timeshare industry counts on this, knowing the amounts involved will not withstand the time and expense it takes to litigate. State enforcement is spotty at best. Federal enforcement, like the Consumer Financial Protection Bureau, is ineffective because members often can’t even select a lender when filing a complaint because payments are made to the timeshare company that services the loan, and timeshare companies are not a choice from the CFPB dropdown menu.  

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

Timeshare members are sometimes at the mercy of arbitrators, hired by the timeshare company. Arbitrators charge $400 to $500 and have a reputation of being pro-industry. If the arbitrator rules against the timeshare member, not only are they liable for the timeshare debt, they can be assigned to pay the timeshare developer’s attorney fees.

Whistleblowers have lost their homes and college tuition for their children.

The first article we wrote was about the Saldana family, transferring a $30,000 loan balance to a home equity loan, forfeiting $60,000 in timeshare points back to the timeshare company, left with no vacation, a $30,000 home equity loan, and a high school graduate starting college that year.

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

United in Speaking Truth to Power

whistleblowers

www.whistleblowersofamerica.org

601 Pennsylvania Ave, South Tower, Suite 900, Washington, DC 20004

#USTOO: Whistleblowers United in Seeking Justice WoA is a nonprofit organization assisting whistleblowers who have suffered retaliation after having identified harm to individuals or the public. Together, we can speak truth to power.  

Washington, DC, Feb 13, 2018 – USA Today reported on February 12, 2018, that the VA Office of Inspector General (OIG) found that Secretary David Shulkin inappropriately accepted gifts and travel expenses for his wife during his visit to Europe last July. After this story posted, Whistleblowers of America (WoA) was inundated by VA employees outraged by the different standards by which their leadership is held versus the scrutiny they endure.

Shulkin has hired lawyers Justin Shur, Eric Nitz, and Emily Damrau to rebut the OIG findings related to the wrongdoing.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.  

Such has been the case with reports of homelessness numbers being underreported at medical centers in the Midwest and 14,000 disability claims lost out of the Oakland Regional Office.

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

Allegedly, one employee with 28 years of service has been served a proposed termination notice for recently missing production standards. However, these production standards have been a sore point with Congress over the last decade as numerous Veterans Service Organizations have testified that quality should beget quantity and for Raters to “Do it right the first time.”

Even when the OIG finds in their favor, many whistleblowers still suffer the consequences of retaliation and must take their cases to the Office of Special Counsel (OSC) and the Merit System Protection Board (MSPB) for further adjudication.  One whistleblower who could no longer tolerate the stress of months of retaliation, resigned before hearing back from OAWP.  

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

While it may be affordable for a VA Secretary to hire three counselors to battle his own OIG, most VA employees who report wrongdoing are GS 12 – 15s.  They quickly run through their family savings and retirement funds to fight whistleblower retaliation and if they do not reach settlement and damages, then the financial losses have impacts for several years. Whistleblowers have lost their homes and college tuition for their children.

And for those who are not terminated, remaining employed often means being marginalized to lesser assignments, lost pay or advancement opportunities, privacy invasions, poor performance evaluations that mar personnel folders, which then obstruct their ability to compete for other gainful employment. Even attempts at Alternative Dispute Resolutions that can resolve conflicts at the most internal levels are fraught with impartial mediators, lack appropriate decision-makers and can be non-binding, so costly when final arbitration is still needed at a higher level. Whistleblowing has been labeled “career suicide.” When you are not the VA Secretary or other senior leader, life gets tough when harmful disclosures are made to the OIG.

WoA is a 501C3 that provides peer support to whistleblowers because retaliation has consequences that can result in depression, anxiety, substance abuse, divorce, post traumatic stress disorder (PTSD) and suicide, as USA Today once reported in the case of psychologist, Chris Kirkpatrick.  He died by suicide after reporting overmedication of patients at the Tomah VA Medical Center in Wisconsin and was fired.

Contact:

Jacqueline Garrick, Executive Director

www.whistleblowersofamerica.org

202-309-1870

jackie@whistleblowersofamerica.org

Thank you Irene and Whistleblowers of America, a very interesting article.

If you have any information regarding the practices in the sale of timeshare and want the world to know the real truth behind the industry, then Inside Timeshare welcomes any information you can share.

Been contacted by a firm and want to know who they are, or if they are genuine? Then contact Inside Timeshare for honest, truthful and impartial help and advice.

 

letter-from-america

Friday’s Letter from America

It’s Friday, so time for another Letter from America with Irene Parker, but first a look today’s major news in Europe.

El Diario a prominent Spanish daily newspaper published the following article today (see link for full story).

The article reports on the current legal actions against Anfi and tells of the 1.35 million Euros they have had to repay to consumers, in the execution of around fifty judgements. It also goes on to say that there are over 395 live cases at court with a value of over 27 million Euros, with over 100 having had decisions in favour of the consumers. Some of these are firm decisions with the sentences yet to be executed, others are awaiting confirmation.

With even the Spanish press publishing articles such this, it does make the claim by Anfi that they have not lost or the Supreme Court has got it wrong rather flimsy!

In fact on Tuesday yet another sentence was announced by the Court of First Instance against Anfi, again the clients contract was declared null and void with the judge ordering Anfi to return over £20,000 plus legal interest

(if using google. Right click on the article for a translation to English)

http://www.eldiario.es/canariasahora/tribunales/Grupo_Anfi-condenas-negocio-timesharing_0_739477033.html

The same article has also been published in Canarias7, one of the major Canary Islands Newspapers.

https://www.canarias7.es/economia/turismo/anfi-paga-ya-1-35-millones-por-condenas-YK3590405

Now for this weeks Letter from America.

 

The 3 Rs or F of Timeshare Revisited (first published in three parts)

Timeshare Resolution, Relinquishment, Refund, Foreclosure

Magnify

By Irene Parker

February 16, 2018

There are many who use and enjoy their timeshare, but rising maintenance fees, high interest rate loans and higher interest rate developer issued credit cards can spell financial disaster, especially when an individual or family is hit with an unexpected life crisis. Not one of the more than 300 Inside Timeshare readers who have contacted us realized the perpetual nature of the timeshare contract (in the US), or that their timeshare had little or no secondary market. It is not uncommon for a family to have spent $100,000 or more on a timeshare.

There is rarely a need to pay anyone, or any firm, money to get you out of your timeshare. Special circumstances, like being in the middle of buying a house, may result in a referral to one of the law firms we know and trust, if the timeshare company refuses to help the individual or family.   

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 we don’t win them all. No one does, not even lawyers. “We can guarantee you release!” boasts the exit timeshare ad. We have had reports of people paying scammers large sums of money for a guaranteed release, only to learn the guarantee came about because of foreclosure or non-payment.

Our complaint form: http://insidetimeshare.com/file-timeshare-complaint-revised/

The goal:  Convert from angry, desperate, overwhelmed and confused into empowered. Timeshare Advocacy Group™   has 44 core advocates and 10 technical support advocates to help you. All of our Advocates are unpaid.

The First R: Relinquishment

dont like

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees. It is difficult to determine how many surrenders requests are granted, compared to the number of surrenders requested.

There is nothing wrong with deeding back a timeshare if you have used and enjoyed the timeshare for several years. However, if you find out just days or weeks after purchase that you bought a timeshare not matching what you were promised, walking away from even $5,000 doesn’t seem right.

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 64 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:

refund

A refund is not easy to come by, but in cases of serious and obvious fraud; a refund can be achieved.  Inside Timeshare has heard from so many members alleging fraud, we can sometimes guess the name of the repeat offender sales agent before we are told. The fact that some of the same agents are committing the same “fraud for profit” over a period of years is telling.

The complaint process begins with a petition to the resort. Anticipate a knee jerk “you signed a contract’ reaction. Next, begins the filing of regulatory and law enforcement agency complaints. This is where our advocates are ready to assist because just figuring out online forms can be daunting. Check our complaint form for the list of appropriate agencies to contact.

Eron Grant has become our resident ARDA Code of Ethics analyst. In all likelihood, timeshare members are not even aware they are collectively giving $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 opts-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 a volume of complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response. Inside Timeshare has learned two of the worst alleged offenders each give $1 million a year to ARDA ROC, surely a disincentive to enforcement.   

Here’s Eron’s article: Why Does ARDA Have a Code of Ethics?

red dress

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/

http://insidetimeshare.com/fridays-letter-america-14/

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 19 Attorneys General like Minnesota AG Lori Swanson, as reported by Chris Parker.  

“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….”

“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—when not outright rigging the system—and details of misconduct are kept private,” writes Chris Parker, a reporter for City Pages

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/

Timeshare developers know the industry is virtually unregulated and that they are protected by the oral representation clause. However, as we have stated in several previous articles, according to the FBI and attorneys we spoke with, it is not legal for a company to hide behind the fine print, providing sales agents the means to say anything they can come up with to sell points.      

The most common deceit and bait and switch complaints

  • The agent said I could sell my points.
  • The agent said my points were an investment, so easily sold, at a profit.
  • I can turn in points to pay maintenance fees but no such program exists
  • The value of airline and other travel awards is zilch. A common complaint is being told you can use a credit card to offset or pay maintenance fees in their entirety, when a member would have to charge $200,000 to pay an annual $2,000 maintenance fee.
  • The interest rate is 18%. They said I could get better financing but I can’t.

The Third R

resolved

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.

One amusing complaint was a buyer whose complaint was that they bought a trial program, but they were promised a lifetime membership. I explained, in the case of the timeshare company they bought into, the last thing they wanted was a lifetime membership. I encouraged them to become a Secret Shopper since they were not locked into perpetual maintenance fees.

 foreclosure  Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. Timeshare Advocacy Group has a foreclosure support group, with members offering each other tips on how to withstand the grueling up to 180 days or more of collection calls. Calls are relentless and members have reported many violations of debt collection consumer protection laws.  

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 on Better Business Bureau reports, Attorneys General Settlements, and Assurances of Discontinuance and lawsuits. There will be a hit to your credit score of course, but if you feel you are a victim of fraudulent timeshare sales practices, provide the rating agencies or your lenders with the reason why you refused to pay off a timeshare loan or credit card. Lenders are human. Many will take this into consideration.

I asked timeshare attorney Mike Finn of the Finn Law Group some questions about the foreclosure process for an article we published previously. Mike’s answers are worth repeating. Some common questions:

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

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.

Do they place the lien just on the timeshare? In other words, 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.

Is it advisable to just stop paying fees without the aid of an attorney?

Mike: It really does depend on your ability to endure collection calls, letters threats, and a foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about 5 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

Remember, “I can’t afford it,” is not a valid reason to cancel a loan for a timeshare any more than it is a reason to be able to cancel your home mortgage loan. You can’t go to your home mortgage lender and ask them to cancel your home mortgage because, “I can’t afford it.”

Our Advocates, bringing experience and expertise from all walks of life, are here to evaluate and work together 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://www.facebook.com/groups/180578055325962/

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

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

Let’s keep working together to improve the industry.

fix prob

That’s it for another week, remember if you require any information about any article published or any company that contacts you, Contact Inside Timeshare and we will get the information for you.

Have a great weekend and join us again next week.

weekend cat