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ARDA

Hello monday

Start the Week

Over the weekend Inside Timeshare received an email from Javier Correa Guimerá, a Spanish lawyer who at one time worked with Miguel Ceballos the senior lawyer from CLA. Javier posts on various forums answering many question on timeshare matters.

His email referred to the articles published last week on the new fake law firm Amador Galeca Abogados, part of the Litigious Abogados family. He was commenting on the very strange names these so-called law firms use for their lawyers, he states they are not even Spanish, just by seeing the names he is sure it is a scam.

Another point he made was about the directors pleading guilty, asking where in this world would a timeshare company accept responsibility, willingly and pay up? He called it Absurd and nonsense!

In this we must agree with him, we have never heard of any timeshare company accepting any responsibility or pleading guilty, quite the contrary, they always seem to deny any wrongdoing. All we can say is Inside Timeshare has made extensive enquiries about all these firms, searched for the lawyers, checked the cases with the courts and not one has proved positive.

FAB Timeshare Resales

fab

Over the past months we have been running articles which have highlighted the lack of a resale or secondary market on many timeshares, today we look at Marriott.

In Spain there is a company called Fab Timeshare Resales, it is a subsidiary of Fab Property based in Marbella on the Costa del Sol, the Managing Director is Julie Bett, who is an ex-regional director of sales for Marriott. According the website she has over 17 years experience in the timeshare industry.

The company was formed in 2012, the purpose was to help private individuals who wanted to sell their Marriott Vacation Club memberships, because MVC did not have a resales section for their European Resort members.

FAB Timeshare Resales also state they are fully registered and approved, operating under strict European Timeshare Guidelines. They also boast being members of the Licensed Timeshare Resale Brokers Association (LTRBA which is a US body) and ARDA (American Resorts Development Association).

This is quite commendable, a resale company that is working by the rules, especially with the reputation resale has in Europe. The only problem, is one of price!

price

Looking at their website memberships are being offered for as little a 1000€, way below what was originally paid. According to Marriott’s own website, prices start at around $21,000, or about 17,000€, not a cheap purchase.

It is not just Marriott which has this problem, look at any resale prices, those which are priced higher are what the owner believes they can get (or want) for their timeshare. The reality is very different, ebay shows many timeshares listed with the owners unable to give them away, even when they are willing to pay the transfer fees.

Many sales agents during their pitch will talk about the timeshare being property, which as we know, property goes up in value, but all they are actually getting is a right to use. The purchaser owns nothing!

For years timeshare was sold as an investment, even though the timeshare directives set by the EU stated it should not be sold a such. This has actually in one respect given rise to the resale problem, purchasers have in their minds the price they paid and then the “promise” of it going up in value. Many of the bogus timeshare resale companies played on this, offering ridiculous prices just to draw the prospective seller in.

The fact there is a resale company out there which is working to the rules is commendable, but the prices reflect only only one thing, that what you purchased in the first place is nothing but promises, there is no actual value. All you own is a right to use some very lovely properties.

If you have any questions or comments about any article published, then contact Inside Timeshare and remember to do your homework before engaging with any company.

stop think act

letter from america

Friday’s Letter from America

Welcome to another edition of Friday’s Letter from America, today Irene Parker asks the Florida Attorney General Pam Bondi, What about us? Ms Bondi seems to have a reputation for backing big business rather than the consumer, but more of that in Irene’s article. As usual we begin with what is happening in Europe.

CLA Logo

Some news which was breaking yesterday has now been confirmed, Canarian Legal Alliance issued a press release informing us of the latest Supreme Court victories.

Legal history has now been made with CLA achieving their 60th victory in Spain’s highest court, we say legal history as this is unprecedented. No other law firm has ever managed to get this number of cases through the Supreme Court. This is a fantastic achievement since their first victory in March 2015, in the past two and a half years they have not only made history but have also made law.

Their latest victories have been against Silverpoint, in sentence number 59, the court ordered the return of over 65,000€ plus the payment of First Instance legal fees and legal interest. The client’s contract was also declared null & void, which now makes them timeshare free with no more ongoing maintenance fees.

With sentence number 60, the same court ruled that the contract be declared null & void, ordering Silverpoint to return over 92,000€ plus Appeal Instance legal fees and legal interest. This now makes a total of 21 judgments from the Supreme Court against Silverpoint alone.

Then the following day, the Judge at the High Court Number 3 in Tenerife, followed the Supreme Court rulings declaring another client’s contract with Silverpoint null & void. The judge also ordered the return of over 11,000€ plus legal interest.

Not only must the clients be celebrating, but I will wager there was some celebrating going on in the Lawyer’s office!

amador-galeca-300x191

Following the publication of yesterday’s article on the new fake law firm Amador Galeca Abogados, we received an email from a reader who has already been taken in by them. Unfortunately they have already paid the Procurator a fee, but at least it was not a large sum, yet something prompted them to start checking the internet for information before they paid them next amounts.

As we said yesterday it would only be a matter of time before we found out the new name of the Procurator and the bank account they are using, here it is:

Procurator: Graham Ingum Gorrin

Address: C/ Layanva, Edif Colmenas, Oficina 2223, 38003, Santa Cruz de Tenerife.

Bank: Deutsche Bank Sociedad Anonima Espa, C.P.A. BCN, Ronda General Mitre 72-74 Barcelona.

IBAN: ES3900190172854010033761

As for the address of the procurator, searching on google and google maps it does not exist, so any post sent there will obviously never be delivered.

This reader has also supplied some new and interesting information, Amador Galeca informed them that the directors of their timeshare had pleaded guilty in court and that all their assets had been seized, not bad, it seems that all the directors according to this group of fake law firms plead guilty!

The amount paid was for a relinquishment through the Spanish courts, which needed to be done first before they could go to court for compensation. The strange thing is, once again it seems that the jurisdiction of the Spanish Courts now extends beyond the borders of Spain and encompasses timeshare in the UK!

These readers have been lucky, they have not lost a huge amount, they have also informed their bank who is going to issue an alert to all other banks.

This does prove the point, never believe what you are told, especially when it comes to timeshare,

IF IT SOUNDS TOO GOOD, STOP THINK AND DO YOUR HOMEWORK!

homework

Now on with Irene’s article.

Florida Attorney General Pam Bondi – What about Us?

Irma Iniki and Timeshare

most people

By Irene Parker

Friday September 22 2017

Florida Attorney General Pam Bondi expressed her outrage over price gouging during hurricane Irma. While her dismay is understandable and commendable, why has there been so little effort expended to come to the aid of Florida timeshare buyers alleging they were deceived into buying a timeshare? Nationwide there have been lawsuits and Attorneys General investigations too numerous to mention.

Ms. Bondi has been quick to investigate timeshare resale scams.

Florida Attorney General Pam Bondi has filed a lawsuit against a company she accuses of violating Florida’s Timeshare Resale Accountability Act.

Florida has a specific law covering timeshare resales because it has so many of the properties, whose owners are often desperate to unload them.

In this latest case, Bondi sued Prime Resorts International, based in central Florida. She accuses the company of making telephone calls to timeshare owners all over the country, telling them they have a buyer for their timeshare. She says the company also claimed to be able to guarantee the deal would close.

https://www.consumeraffairs.com/news/florida-sues-another-timeshare-reseller-031116.html

The Berkley Group

Sources tell us Ms. Bondi is investigating The Berkley Group. The Berkley Group owns Vacation Village Resorts. With a BBB rating of F, looking into this company is a start, but acting on only 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014 seems underperforming at best.

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

Ms. Bondi opened this resale investigation after receiving 85 complaints.

The attorney general opened her investigation after she said her office got more than 85 complaints, claiming to have lost more than $110,000. The suit seeks a permanent injunction against the company, consumer restitution, and a civil penalty of $10,000 per violation.

Inside Timeshare has received 144 timeshare complaints of which 130 allege they were deceived on the front end of the sale. The dollar amount in question concerns well over one million dollars. The 14 not alleging deceit say they seek relinquishment because they say they cannot afford the annually increasing maintenance fees. ARDA and the industry continue to ignore deception exists, and with lawmakers turning a deaf ear, the court of public opinion seems the only avenue open for families reporting how they have been financially devastated by their timeshare plan.

follow money

Timeshare revenue in Florida is a lot of dollars to tamper with.

As the state’s No. 1 industry, tourism is crucial to Florida’s economy – generating 23 percent of the state’s sales tax revenue and employing more than one million Floridians. In 2011, tourism was responsible for welcoming 86.5 million visitors to Florida and generated $67.2 billion in direct economic impact.

http://www.flgov.com/governor-scott-applauds-floridas-tourism-marketing-2/

The industry will be quick to respond that there are nine million who own timeshares. What difference does a couple hundred families make? It makes a world of difference to the families affected who have contacted Inside Timeshare.

Recently, the Finn Law Group took issue with the lack of disclosure provided to timeshare buyers. If feeling deceived, after spending $5,000 to over $500,000 on a vacation plan, families are shocked to learn their timeshare has no secondary market and the contract is perpetual. Contracts are deceptive in that they often state points can be sold. Buyers are not informed about the lack of buyers should they need to sell.

LARGO, Fla.–(BUSINESS WIRE)–An administrative petition has been filed against Florida’s Department of Business and Professional Regulation alleging that the agency’s approval of a request by timeshare developers to make statutorily mandated public offering statements available by providing an online address at the closing rather the furnishing hard copies violates Florida law.

http://www.businesswire.com/news/home/20170905006015/en/Finn-Law-Group-Files-Petition-Florida-Agency

Ms. Bondi appeared on Las Vegas Attorney Bob Massi’s Property Man Show in 2016 explaining how the Florida Attorney General’s office worked with ARDA and the Department of Justice to shut down timeshare resale or release scams. Mr. Massi encouraged timeshare members to contact a member of the Licensed Timeshare Resale Broker Association if they need to sell their timeshare. When I contacted LTRBA about selling our Diamond timeshare points, I was informed by several LTRBA members they know of no licensed LTRBA broker who will even accept a listing for our points due to secondary market restrictions.

https://www.youtube.com/watch?v=VHCdcS2Ds-U

Inside Timeshare has also started hearing from Bluegreen members. One member is Lela Renea, a Bluegreen member and a detective. Lela Renea says she was deceived into buying a timeshare. If a Florida detective, allegedly reports being a victim of deceptive sales, what chance does the average timeshare buyer on the street have?

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

When I wrote an article for TheStreet, Jim Cramer of Mad Money’s investment news service, challenging what is in my opinion gestapo like tactics demanding Diamond members stay vacationed, Diamond demanded a rebuttal, stating they understood life’s changes could render their product a liability so they were introducing a program called Transitions that would allow qualified members in good standing a way out. That was June of 2016, yet the company has yet to introduce the program. “Qualified” is the key word. Most members contacting Inside Timeshare have loans, and many allege they succumbed to high interest rate loans and credit cards after hours long aggressive sales presentations. A timeshare must be unencumbered to be eligible for any voluntary surrender program.

https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html

“Is Apollo Returning to its Junk Roots?” is the article Diamond found objectionable. Most remember the subprime mortgage crisis, but a decade earlier was the Drexel Burnham Lambert junk bond scandal that sent Michael Milken to jail for securities fraud. DBL founder and banker Leon Black filed bankruptcy on DBL only to reform and rebrand as Apollo Global Management, purchasing Diamond Resorts in 2016. If DBL liked junk bonds, which had some value, timeshare points that have no value the moment the contract is signed, should a buyer need to sell, must seem attractive.

Hurricanes and Timeshare

hurricane

One of the top complaints Inside Timeshare has received concerns upsells by timeshare sales agents on the US mainland selling against timeshare agents in Hawaii. This would be normal competition were it not for the fact the dueling agents work for the same company. Buyers tell us sales agents on the mainland side tell existing members they should not have purchased a Hawaii timeshare because of damages from hurricane Iniki that struck Hawaii on Kauai in 1992. They are encouraged to buy more points and transfer to US mainland points, despite Florida resorts included in their purchase. Obviously, Florida is at risk for hurricanes.

pam bondi 1      Ms. Bondi, please listen to us. The Arizona Attorney General has received over 900 timeshare complaints about Diamond Resorts:

http://insidetimeshare.com/arizona-attorney-generals-assurance-discontinuance/

Wyndham former timeshare sales agent Trish Williams was awarded $20 million by a jury concerning overly aggressive and predatory timeshare techniques:

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?mcubz=0

Eric Schneiderman’s $6.5 million settlement with The Manhattan Club:

http://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club/

In addition to member families,Charles Thomas at Inside Timeshare has heard from eight current and former timeshare sales agents alarmed at the escalation in predatory sales. The following comment made by a former experienced sales agent mirrors the others.

“I watched every day, agents selling DRI for double and close to triple what it was supposed to be sold for but management laughed and congratulated them for doing it.  The maintenance fees statement about buying more and using that to pay your maintenance fees was a practice that was encouraged, but be careful.  Some of the agents, who still work at DRI, would sell the program for $98k when it was only in the 50k range.  One of the guests came back to cancel but the agent said no worries, “I have it packed 40k but I’ll give then 15 off and still make a killing!”   This made me sick because these particular guests were in their late 70′ early 80’s.  I asked the agent if he had a conscience and he just laughed…if you can get them to pay more you’re a hero!!  They have the money!!

Deception actually goes back further than that.  We were told to pack the price for a trade in and imply that it was what they got back for their TS… we sold it for the regular price….they got nothing for their TS!”

(Charles Thomas, editors note: we have published on many occasions on the “stack and drop” tactic. This has been used for many years and we have seen it throughout Europe. It is used as a tool for upgrading or poaching other companies members. The consumer then believes they have had value for their other purchase).

It is our hope Diamond Resorts will listen and respond, along with Wyndham, Bluegreen and others, to improve timeshare sales today after the rise of “right to use” programs. In my opinion, such programs leave wide berth for misrepresentation and deceit.

The following are self-help Facebook pages representing over 1000 timeshare member families:

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

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

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

A few of the 144 families who have contacted Inside Timeshare:

Marsha, Ann and Marjorie

http://insidetimeshare.com/fridays-letter-america-18/

Bonita Hill

http://insidetimeshare.com/tuesday-review-clarity/

Eron Grant ARDA’s Code of Ethics

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

Irina Allen

http://insidetimeshare.com/monday-start-another-week/

Justin Morgan and Michael Nuwer June 30, 2017

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

Alan Callner

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

Detective Lela Renea

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

David Franks Chapter 4

http://insidetimeshare.com/fridays-letter-america-15/

Karen Garello Secret Shopper June 22, 2017

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

Romeo and Lily

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

Dr. Jeffries

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

Angela Johnson

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

Neina Orrillo

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

Barclaycard and Member stories May 17 2917

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

Marjorie Menacker

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

Eron Grant May 12, 2017

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

Barclays Bank Charles May 11, 2017

http://insidetimeshare.com/timeshare-finance-barclays-hot-water-high-court/

Nancy Callahan April 24, 2017

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

A Filipino Family April 13, 2017

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

Laurie Sabbagh March 17, 2017 Clarity Review

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

A Military Family March 6, 2017

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

The Hurleys January 25, 2017

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

Irina Allen January 13, 2017

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

Kathie Old December 6, 2016

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

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

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

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

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

Sylvia Saldana and the Barclaycard October 25, 2016

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

Hug Your Haters! By author Jay Baer on the importance of Social Media

http://insidetimeshare.com/customer-service-message/

need you

Will anyone listen? Author Jay Baer is to be keynote speaker at the upcoming October Interval International Shared Ownership Investment Conference, attended by developers and private equity firms. In Hug Your Haters, Mr. Baer strongly urges companies to listen. Members are hopeful, but doubtful, developers will listen to him.

Thank you Irene and those that proof read your article and gave advice, timeshare is a crazy world, which is such a shame as it is a great idea, with many who have enjoyed it for many years. There are some very good developers and resorts, but the reputation of the industry is being spoilt by a few.

Have a great weekend.

weekend-picard

         

 

letter from america

Friday’s Letter from America

This week’s Friday’s Letter from America is not the one we originally planned from Michael Kosor, this will be published in due course.

First a little news from Europe, only last week we told of the calls from HMRC informing people that they have money from the Spanish courts, one reader has sent us this information.

They were called by a Kipp Stuart from HMRC Accounting, this was with reference to a ruling at the Malaga courts, Kipp informed them that they were holding over £22,000 on their behalf, unfortunately as there was no paperwork then the funds could not be released. They were given reference numbers along with the following telephone numbers:

08713 581033 to confirm with HMRC

0034 602489947 for the Malaga Court

Wonderful, only problem, the 08713 number is not used by HMRC and also carries rather hefty charges.

The 0034 number is a Spanish mobile number and no court will issue mobile numbers for confirmation.

As we published before

HMRC DO NOT CALL PEOPLE WITH NEWS THEY ARE HOLDING MONEY ISSUED BY THE SPANISH COURTS!

On the subject of courts, it has been a rather busy, that lot at CLA have announced six more wins. There have been five in Tenerife, four of these against Silverpoint, with one of the largest awards we have seen for sometime. In this case the client was awarded over 67,000€ including legal interest and second instance legal fees with the contract being declared null & void.

The other case involved European Coast & sun Holidays SL, the judge of the Court of First Instance declared the client’s contract null & void, along with the return of over 15,000€, then as a double whammy he also ordered back payment of over 16,000€  double the deposit paid.

Then in Fuengirola at the High Court the judges reaffirmed a sentence from the Court of First Instance against Petchey Leisure, by awarding over 14,000€ plus interest and legal fees.

Back to Gran Canaria and the Court of First Instance in Maspalomas once again declared an Anfi contract null & void with the return of 21,000€ plus legal interest.

These are just some of the cases announced this week, it is certainly an expensive one for those companies.

Now on with this week’s letter.

The Deep, Dark, Dank, Obscured From View, But Very Lucrative Timeshare Developer Revenue Stream: Are Its Days Numbered?

money tree

By Mike Finn, Finn Law Group

Originally published by Inside the Gate

https://www.finnlawgroup.com/learning-center/timeshare-developer-revenue-stream-days-numbered

Clarifications in blue added by Irene Parker for non-legal minds (like mine)

September 14, 2017

We as consumers, with a certain level of understanding of business, probably attribute the lion’s share of timeshare resort revenue to two central factors: timeshare sales and timeshare rentals. As it turns out, there is a third major revenue stream that’s related to sales, but is an entirely separate source of revenue, and it’s a significant one. Depending on the nature of the initial purchase, whether it was a deeded interest, or more commonly over the past fifteen years or so, a “right to use” amalgamation of points, this shrouded revenue source may indeed also be in violation of certain state consumer rights statutes, including the Uniform Commercial Code.

I’m speaking to the universally accepted resort practice of the resort retaining every dollar received from a defaulting purchaser, even if the entire purchase price or an amount close to the total was paid over to the resort prior to the owner’s default. This would include a cessation of paying the purchase price, maintenance fees or capital assessments.

It’s not considered relevant, at least if one believes the purchase contract, to factor in the sometimes quite significant amount paid in up to the moment of default, in terms of any form of accounting back to the sum of money paid by the defaulting purchaser. It’s all retained by the resort pursuant to the purchase contract, as “liquidated damages”.

In other words, an unwitting purchaser could have paid in say $18,000 of his/her $20,000 purchase price (not to mention the additional payments of interest and annual maintenance fees), defaulted for any number of reasons and still be pursued by the resort as a debtor for the unpaid balance! Well, isn’t that appropriate, you may retort! After all, the purchaser has defaulted on a perfectly legal (on its face) promissory note obligation of $20,000 when only $18,000 has been paid? Well maybe, but let’s examine what happens next.

Foreclosure of real property and disposition of personal property are governed by different bodies of law. Real property foreclosure sale varies dramatically among the states. Personal property disposition is governed by each state’s versions of Article Nine commercially reasonable disposition.

I found this explanation of the difference in real property foreclosure compared to personal property distribution in Texas helpful:

Texas Real Property Foreclosure

Section 51.002, et seq. of the Texas Property Code defines the minimum statutory procedure that must be satisfied to properly foreclose upon real property. In addition to the minimum statutory requirements, the deed of trust executed by the debtor-mortgagor details the agreed contractual terms and conditions for foreclosure of real property.

Personal Property Disposition in Texas

Article Nine of the Texas Business and Commerce Code defines the minimum statutory procedures that must be satisfied to foreclose upon personal property. In addition to the Article Nine requirements, the security agreement executed by the debtor-mortgagor defines the contractual terms and conditions for foreclosure of personal property. Generally, personal property disposition must be commercially reasonable.

Commercially reasonable is the key concept here. We can all relate to selling a car. According to NOLO, there is no hard and fast rule on what “commercially reasonable” means. What is commercially reasonable depends on a number of factors.

The procedure, not the price, ultimately determines whether the sale is commercially reasonable. Whether a sale is commercially reasonable depends on four factors, the:

  • manner
  • time
  • place
  • terms of the sale.

Perhaps Mike’s concern as it pertains to timeshare foreclosure being commercially reasonable, as it applies to car sales, also applies to timeshare.

“There are times, however, when a private or “dealer only” sale may not be commercially reasonable”, such as in the following instances provided by NOLO. Two of the six points they mention seem to apply to timeshare:

  • the creditor has the ability to sell the car on the retail market
  • the creditor buys back the vehicle then resells it a significantly higher price.

What If I Believe the Sale Was Not Commercially Reasonable?

If you can demonstrate that the creditor did not sell your car in a commercially reasonable manner, you can raise that as a defense against any lawsuit brought by a creditor looking to collect on the deficiency balance. In some instances, if you can prove the sale was not commercially reasonable, the court may reduce or even eliminate your obligation on the deficiency balance.

http://www.nolo.com/legal-encyclopedia/car-repo-sale-was-commercially-reasonable.html

Back to Texas

Comparison of Texas Foreclosure Procedures for Real property and Personal Property

Real property and personal property foreclosures are dramatically different. Real property foreclosures are conducted on the first Tuesday of each month between the hours of 10:00 a.m. and 4:00 p.m. at the courthouse door in the county in which the real property is located, with a notice posted at the courthouse door, personal notice to the debtor, and filing of the notice with the county clerk, all 21 days before the foreclosure sale. These requirements are defined by § 52.001 of the Property Code and are unique to Texas law. Personal property foreclosures are conducted under § 9.504 of the Texas Business and Commerce Code, which generally requires a commercially reasonable sale. The requirements of Article Nine of the Texas Business and Commerce Code are followed, with some minor variations, by all states except Louisiana.

Thus, real property foreclosures in Texas are very defined and structured procedures unique to Texas law which do not require the sale to be commercially reasonable. On the other hand, personal property foreclosure sales are not structured by statute, but they must be commercially reasonable as to every aspect of the disposition, including method, manner, time, place, and terms. The apparent conclusion is that although the legislature has specifically defined the procedures that must be followed to dispose of real property, personal property may be disposed of in any manner the secured party elects, as long as the sale is in all respects commercially reasonable.

The differences between real and personal property foreclosure procedures and requirements have had interesting effects upon lenders and borrowers. The notice provisions for real property foreclosures mandate procedures known to both the lender and the borrower. The procedures provide certainty as to the mechanics of the sale. Both lender and borrower are offered an opportunity to dispose of property, with each fully understanding when, where, and how the sale or purchase will occur.

In contrast, the nebulous standard of a commercially reasonable sale leaves both the lender and the borrower uncertain as to the ultimate and satisfactory sale or purchase procedure for personal property. Article Nine attempts to place the burden on the secured lender seeking a deficiency to sell in a commercially reasonable manner, whatever that may be in the particular circumstances found by the lender. Likewise, the debtor has no knowledge of how the lender will proceed with foreclosure and has the burden of proof, if attacking the sale, to show that the sale was not commercially reasonable. The more certain real property foreclosure procedures seem to work more effectively for both the lender and the borrower.

http://www.lenders360blog.com/2008/10/real-estate-foreclosure-vs-ucc-personal-property-commercially-reasonable-disposition/

Commercially reasonable according to Cornell Law School: A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1) In the usual manner on any recognized market;

(2) At the price current in any recognized market at the time of the disposition; or

Wait a minute here!

face

“At the price current in any recognized market at the time of disposition” means my Diamond Resorts points should be sold for nothing. Not one of the 64 members of the Licensed Timeshare Resale Broker Association will even accept a DRI listing and even Howard Nusbaum, CEO of the timeshare lobby ARDA, has been quoted as saying modern timeshare is a right to use product so the member should not expect any value back. I think Mike really is onto something!  

Other timeshare companies may argue that they do have a secondary market, but even those fortunate to be able to sell their timeshare, frequently sell them for pennies on the dollar of their original investment.

(3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

https://www.law.cornell.edu/ucc/9/9-627

Now on the edge of my seat, we continue with Mike’s narration:

In our original example, is the developer out the missing $2,000?  Ask what happened to the object of the $20,000 purchase? Well look at that, the actual property never, even for a moment, left the possession of the developer! My goodness, the developer just re-sold the interest to another brand-new buyer for a fresh new $20,000! So now are you still comfortable with the original purchaser being pursued for the missing $2,000? Perhaps sued, almost definitely having derogatory credit reporting, not to mention harassment from bill collectors? So what exactly happened to the first purchaser’s $18,000 paid to the resort? Is any of it accounted for with maybe a portion returned to the guy who ended up with nothing except perhaps a lawsuit?

Not a chance in Hades! The so-called ‘extra revenue stream’ is now actually an extension of the existing stream to the developer from sales, and sales, and maybe still more sales. How many times can the same unit interest (or bloc of points) be resold over the life of the project?

The distinction (and thus a portion of the reason for my overly dramatic title) is that typically sales revenue in say a condominium project is recorded once, and the revenue is, of course, offset by the cost of acquisition of land, construction costs, marketing costs, etc. and the net amount remaining after those costs is the developer’s profit. However, in the case of the timeshare developer, the original buyer covered those costs in their initial transaction, therefore the new additional piggy-back to back transactions didn’t come with any more land acquisition or construction costs, and therefore essentially came only with very little new or fresh costs of sale beyond the re-marketing costs.

light bulb

Well wait, you might say, this can’t be right! You sure this practice is universal? Yes? Well then, are you sure this unconscionable practice is even legal? Good question, and one wherein the answer to that question may be evolving and it’s not necessarily the laws in place that are changing, it’s the timeshare product changeover, the newer form of the property that is being marketed by the developer that is creating a change in which already existing laws are now perhaps becoming relevant to the timeshare purchase, and by doing so may be enforced by the previously out of luck defaulting purchaser. In fact, it may well be that the same old existing law pendulum may be swinging back in favor of the consumer!

I reference the fact that over the past decade plus a few years, there has been a change in the product that the timeshare industry is selling. Just after the turn of the century, the industry has backed off of selling of the deeded weekly timeshare product, which was indisputably a real estate product, in favor of a product they tout as being more user flexible: a product called a “right to use” product. Setting aside the differences in the actual ability to use the two very different types of timeshare “ownership,” the focus of this article is on the migration of the timeshare product from a real estate based product, morphing into what we attorneys refer to as “personalty”.

In our lawyer’s world, everything not legally defined as real estate is personalty (the only other option in the law). Presumably a ‘right to use’ timeshare product (points based) is not considered by the law as real estate, (if it no longer possesses any attributes of real estate and therefore as ‘personalty’, is subject to differing state laws particularly including the universally adopted, in some form in every state, Uniform Commercial Code).

Additionally, state laws regulating the real estate within its boundaries, do vary from state to state. Personalty, however, is a commodity of a different color. The Uniform Commercial Code (UCC), as its title suggests, is nearly uniform in its textual content, and from an applicability standpoint, every state in the Union has adopted, with minimum exceptions not applicable to this article, a version of the UCC almost identical with its neighboring states. In other words, as we discuss the law of personality (again, all that is not deemed real estate) we can speak to it across the board. These laws apply everywhere within the USA.

As a Florida lawyer, you may have seen other articles where I either cite specific Florida statutes or have issued a cautionary statement that the principles I was espousing may not apply in other jurisdictions. Contrast this article where I do not constrain my statements. Also, rather than cite state specific portions of the UCC, I, in places, simply refer to Articles within the UCC and in others the ‘pure code provision’.

Further, this article is not intended for an audience of lawyers or jurists. It’s intended for consumers to get a grasp of a relatively new set of laws, including the Uniform Commercial Code, that now may begin to play a much greater role in the laws governing timeshare projects and correspondingly, the developers who operate these projects.

I would like to ask Mike at this point about another universally accepted practice – advising borrowers to go home after purchasing their dream vacation plan and arrange financing with their bank or credit union. Perhaps it’s the subject of another article, but the majority of complaints received by Inside Timeshare say their sales agent advised them to seek a home equity loan to lower timeshares usury type timeshare lending rates. Many have done just that. My husband and I were told we could get lower rate financing, “No one should finance at our rates,” warned Donna. (Grand Beach, FL July 2015) I guess buyers that follow that advice are just out of luck, like Sylvia Saldana, now stuck with a $30,000 home equity loan after Diamond Resorts “took back” $60,000 worth of timeshare points. To make matters worse, Sylvia said she was aggressively encouraged to open Barclaycards, told buying more points would lower their maintenance fees. Had she succumbed to that suggestion, Sylvia and her husband would have lost even more money.

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

Back to Mike

Consumer rights may also get a major boost by the applicability of the UCC as well, since, to the extent that a contract provision contradicts an applicable statute, that contractual provision will be rendered null and void.

So, for example take the typical contractual provision that, “all monies paid will be retained by the developer as ‘liquidated damages.’’’ Essentially, the amount of damages fixed must be reasonable ‘in light of actual or anticipated harm’ and a term fixing an ‘unreasonably large amount’ is void as a penalty.

Therefore taking a contract, say with a 10% down payment and then adding subsequent monthly payments, the sum total could easily become ‘unreasonably large’, particularly in light of the quick turnaround on the “use rights” for which there has been a default, assuming which I think is fair with on-site sales team (ARDA’s Mr. Nusbaum calls them forever sales centers), that the interest will be promptly re-sold.

Another example of a UCC provision that may well change the way defaulted buyers are treated is as follows. The included reference to the specific UCC provision is the actual textbook unadulterated Code provision number, and may well differ from numbered state specific statutes. The developer or secured party is under a duty to notify debtors of the disposition of collateral under UCC Section 9-611. Further, the disposition must be done in a commercially reasonable manner.

Of particular importance, the secured party/lender is required to apply proceeds of any disposition to the underlying debt once expenses have been taken.

Is this where we end up with money back to the debtor? Can we go back to our original example?

I paid $20,000 and default at $18,000. For sake of discussion I am current on maintenance fees (which is probably not the case). The developer sells to the next hamster my forfeited points for $20,000. I am relieved of the $2,000 still owed, but if the developer sells for $23,000, I will be relieved of the $2,000 owed plus get $3,000 from the surplus amount? This next sentence sounds like the answer?

Also of notable significance is the duty of the secured party to pay the debtor any surplus which results from the disposition of collateral.

Additionally, the secured party/developer is liable for any damages caused by its failure to comply with Article 9.

In summary, a new day in the life of an unhappy timeshare owner is dawning. Existing laws never before applied to timeshare purchases may well now apply and particularly those timeshare interests that are non-real estate based like the ‘right to use’ interests that are now the mainstream of the timeshare community! Stay tuned for future developments on our website as we begin to apply the theories and applicable state statutes referenced hereinabove.

Respectfully submitted,

Michael D. Finn, Esq.

www.finnlawgroup.com

michaeldfinn@finnlawgroup.com

work desk

Whew! That was exhausting. It’s a good thing we have legal eagles to figure these things out because Charles Thomas and I get pretty depressed at times listening to “Nightmare on Timeshare Street” stories. We have heard enough to fund a series. The question I am most frequently asked is, “How can they sleep at night?”

Thank you to Mike Finn for the chance to publish this and also to Irene to add her clarifications for those without legal minds.

It now only remains to say be careful who you do business with, check and check again, if you need help, then contact Inside Timeshare. Have a good weekend.

weekend02

hand up

The Tuesday Slot: Giving You a Helping Hand

For many people it can be a daunting task to prepare a complaint against a large company, how is it written, who do you file it with? These are all questions that need to be answered.

In Europe the matter of making a complaint against a timeshare company has actually become easier, especially in Spain, where the laws are on the side of the consumer. But trying to deal with a company that has for the most part tied you up in contracts and legal jargon, has resulted in many complaints by consumers just being put aside with the feeling what is the point?

In today’s article Irene shows how to write the complaint and who to file it with, the most important point is don’t let it get you down there is always help out there. So on with the advice.

How to File a Timeshare Complaint

complaints

By Irene Parker

September 12, 2017

After Inside Timeshare received 135 US timeshare complaints (as of September 8, 2017), this guide evolved to use as a blueprint to file a complaint. Previously, we published an article called “The 3Rs or F of Timeshare” because no one should have to own anything in perpetuity if they can no longer use or afford the product.

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

How to File a Timeshare Complaint

  1. Name (s) and age of member
  2. Phone Number
  3. State of Residence
  4. Number of points owned per contract
  5. Member Number
  6. Loan Number  
  7. Current Maintenance Fees
  8. Total purchase price per contract
  9. Location purchased
  10. Sales agent and sales agent ID Number if available
  11. Original Loan Amount, Loan Number and stated interest rate
  12. Current Loan Balance
  13. What do you want? Do you seek Refund or Relinquishment?
  14. Why? Is it due to Deception, Health, Age or Financial Burden?

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

Availability:  Dissatisfied in general with availability complaints will go unheeded.

MOST IMPORTANT – Purchase Timeline

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

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

who what

How Advocacy Works

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

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

If you have questions, email Irene Parker – ireneparker377@gmail.com

Cell – 270-303-7572 EST – Feel free to call any day of the week between 1 to 5:00 PM EST or if you are unable to prepare your own report.

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

http://www.licensedtimeshareresalebrokers.org/

After you complete your complaint email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, conduct an investigation and report back that the sales agent (s) denied your claims. It’s a negotiation so if denied, file a rebuttal.

deneid

If you feel you are a victim of deceit and bait and switch, send us a copy of your complaint. An Advocate will file your complaint on your behalf with the firm’s public relations office and ARDA, the timeshare lobby, for violating ARDA’s Code of Ethics which can be found on ARDA’s website. We do not recommend owners make the voluntary opt in or opt out contribution on your maintenance fee invoice for ARDA ROC (Resort Owners Coalition). ARDA is basically a PAC that lobbies for the industry when the issue is one that is at odds with members. We will also include NTOA National Timeshare Owners Association and the bank that financed your loan or issued a credit card. By having the Advocate file on your behalf, we can track complaints, documenting a pattern of criminal behavior.

Mark your email urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. It may take up to 30 days to hear back from the resort. Resend in three weeks if you have not heard back. If you feel you were a victim of deceit and bait and switch, give the resort a week to respond before filing regulatory complaints.

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

If your resort denies your claim begin filing complaints with regulatory and law enforcement agencies beginning with the Attorneys General of the state where you signed your contract, where you live and where your resort is domiciled. It can take a month or more to hear back from an AG but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state and Attorney General.

office of ag

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

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

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

The definition of Financial Institution Fraud under the FBI’s definition of White Collar Crime is “deceit, concealment, violation of trust and bait and switch”. The FBI assigns Financial Institution Fraud the highest priority. You can read about White Collar Crime on the FBI website, but complaints are filed at IC3.gov. This is somewhat confusing because IC stands for Internet Crime and people think it has to be internet related. IC3.gov is just the name of the portal.

fbi

 

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

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

Summary of Regulatory and Law Enforcement Agencies

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

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

What to expect from regulatory agencies

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

Life without timeshare through “The 3Rs or F of Timeshare”

http://insidetimeshare.com/3-rs-timeshare-part-1/

If you are granted a positive outcome, you may not say or write anything disparaging about the resort, but there is no harm in staying involved. Reach out to others when you stay at resorts. Create a business card type flyer.

Who We Are and Why We Do This

working others

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

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

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

  • The abnormal becomes the normal. After hearing 136 complaints (as of September 5), I fear deception is endorsed and encouraged by some timeshare companies. I have interviewed nine current and former timeshare sales agents and managers. They call it “pitching heat” or “No Heat, No Eat”. Of course not all sales agents are dishonest. We hear primarily from buyers seeking assistance when victimized by unscrupulous agents.
  • Victims are silenced and isolated via non-disclosure agreements. Non-disclosure is appropriate in the case of a settlement, but when a family receives nothing after an alleged bait and switch, after spending $5,000 to $500,000 or more on a vacation plan, not allowing the victim to say anything disparaging about the company seems harsh. Many of the families we have worked with are financially devastated.

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

Self Help Groups

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

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

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

September 12, 2017 Irene Parker Timeshare Advocacy Group™  

Although this article is aimed at our American cousins, the principle of how it is written will be the same for Europe. If you believe your complaint is valid, don’t give up, that’s what they want you to do, be persistent, be strong and seek help, it is out there.

In Europe the EU has set up many consumer agencies, most EU countries have consumer rights groups and Consumer Affairs offices. In the UK there are several that you could use, one which has been very good in the past is the Trading Standards Office, these are set up by local councils and have a lot of clout. They have also been instrumental in having some rather shady companies closed down.

Then there is legal action, employing a law firm to take your case to court, in Spain over the past few years this has been very successful. Law 42/98 and the updated version Law 4/12, is based on the EU Timeshare Directives, which were put into place to protect consumers and regulate the industry. Spain now has the strongest timeshare regulations in Europe, these along with other civil consumer laws protect consumers from unfair practices and contracts. These have been strengthened over the past couple of years with around 57 rulings from the Supreme Court, Spain’s highest court, which has removed any doubt about their interpretation.

It now remains for other EU countries to do the same, so no matter where you purchase, the same protection is available. We may even just see a change in the industry for the better.

If you require any further information about this or any other article, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also wants your stories,

good, bad or downright ugly,

so if you have something you would like to share or think will help others,

then

hear from you

 

end month

End of August Roundup

Considering August is usually a quiet month with all the holidays, Inside Timeshare has had quite a run on articles. We began August with news on the Tauro Beach Project entitled “Tauro Beach: In the UK News”.

This followed the publication of a story in The Guardian, a UK newspaper, on the importation of the sand used to build the beach, from Western Sahara. The article by Anders Lundqvist and Rowan Bauer, two independent journalists who investigated the possible illegal importation of the sand.

They explained that if this sand did originate from the Western Sahara, which it most certainly looks like, it was against UN Resolutions and rulings from the European Court of Justice. In their article they quote the head of SEPRONA in Gran Canaria, Lt Germán Garciá who stated “The sand was brought illegally, it was discharged with no control at all,” we know this has caused concern among environmentalist on the Island, as there is a protected area just 300 meters off the beach.

gc-seprona

For the full story follow the links at the end of this article.

The following day we published the Mid Week Report, this started with the news that TATOC had truly gone as their website is no longer accessible. It was then followed with a link to The Canary News, an English language newspaper based in Gran Canaria. The Canary News article by Ed Timon, the editor, gave a very good insight into the history of Western Sahara, which was the subject of the previous article.. (Again see links below).

We also published the first article of the month from Irene Parker, from our US branch, this was to do with a lawsuit in the US by Welk Resorts against Timeshare Exit Team. This is the first in a series of articles highlighting lawsuits by timeshare developers against resale / exit companies and law firms.

Loyalty: No Such Thing in Timeshare was the title of the next article. This highlighted Timeshare Compensation’s blog on Silverpoint now known as Signallia. In this blog Timeshare Compensation warns its readers of the “dodgy” past of this company, which was very surprising indeed as the owner of Timeshare Compensation, Mark Rowe, is an ex-senior sales manager of Silverpoint and thereby employee of Robert “Bob” Trotta, as well as colleague of the CEO Mark Cushway. Told you there were some strange things in the world of timeshare!

loyalty1

In our first Friday’s Letter from America for the month, we published the article by Eron Grant, this covered the question of why does ARDA have a code of ethics? One question we have also asked of the RDO.

Once again that family of fake law firms in Tenerife came up, yes you know the ones, Litigious Abogados.

Another new contributor from the US made her debut, Bonita Hill. Her article was on the question of Diamond’s Clarity Programme, regarding the Oral Representation Clause. This was launched in response to an Assurance of Discontinuance issued by Arizona Attorney General Mark Brnovich. Diamond has stated they intend to go beyond the requirements of the AOD.

We then published “Truth, What is Truth?” This was in response to readers enquiries about Anfi denying losing any court cases. This has caused confusion among members, after all these cases have been publicised in the press, yet Anfi tell everyone it is not true! So who do you believe?

In the next Friday’s Letter from America, we published Part 4 “Our DRI Misadventures” by David Franks. He Joined our team of writers from the US, some months ago and has given us a great deal of fun. He certainly has a style of his own and is a welcome member to the team.

We then started our “Hug Your Haters! A Customer Service Message” by Irene Parker, this is based on the book Hug Your Haters by Jay Baer. He is to be a keynote speaker at the Interval International Shared Ownership Conference to be held at the Miami Beach Eden Roc Hotel October 23 – 25. Mr. Baer has advised more than 700 companies including The United Nations and 32 Fortune 500 companies.

Next came the news of a story we published last year, it involved The Manhattan Club in New York. The NY AG Eric T Schneiderman had suspended all sales at the club back in July 2014, this followed many complaints of deceitful practises. The case is now finally over, with a settlement of $6.5 million, also the owners are being forced to sell and have been barred from participating in the timeshare industry. Well done Eric, one for the consumer!

Attorny_General_Eric_T_Schneiderman
NY AG Eric T Schneiderman

Once again Karen Garello from our Timeshare Advocacy, contributed another “Secret Shopper Report”. In this article, Karen gives sound advice on the questions you should ask when going on a sales presentation. Following her advice could save a lot of problems in the future.

It was back to Europe for our next piece, this was titled “ Timeshare In the Press”. This was actually very timely as it followed on from the Truth What is Truth article, it was based on the article in the Spanish paper El Diario. It highlighted the Supreme Court rulings, mainly against the Tenerife company Silverpoint, who just like Anfi deny any cases going to court or being lost.

It also included the article published in The Canary News, based on the one from the paper La Provincia, this began with a recap of the groundbreaking first Supreme Court ruling back in March 2015. Again throwing out the claims of the timeshare industry that these are all fictitious cases.

There followed a couple more articles by Irene Parker and a Timeshare Advocate. The first highlighted the  lawsuits between developers and law firms, the second was an open letter to the timeshare industry. Whether they take any notice is another thing.

In The Monday Briefing, we again focused on the Litigious Abogados family, giving a recap on how they operate their rather sophisticated scam, but also some sound advice which if followed will protect you from becoming one of their victims.

In the same article we welcomed and wished all the best to a new forum for timeshare owners, Timeshare Users Forum. This has been set up by disgruntled members of Timeshare Talk, a previously independent forum. We won’t go into detail here, but you can read the full article.

The last article for August was Part II of Hug Your Haters: A Customer Service Message.

So that is it for August, tomorrow we don’t cross the great lake to the US, we go to the land down under, for another Letter from Australia, contributed by Justin Morgan, on the role of private equity and the secondary market in timeshare. Do join us and bring your didgeridoo!

didgeridoo

Links to some of this month’s articles.

http://insidetimeshare.com/tauro-beach-uk-news/

http://insidetimeshare.com/tauro-beach-latest-development/

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

http://insidetimeshare.com/loyalty-no-thing-timeshare/

http://insidetimeshare.com/truth-what-is-truth/

http://insidetimeshare.com/fridays-letter-america-15/

http://insidetimeshare.com/manhattan-club-6-5-million-settlement/

http://insidetimeshare.com/fridays-letter-america-16/

http://insidetimeshare.com/timeshare-in-the-press/

http://insidetimeshare.com/legal-news-us-castle-law-group-pc-v-timeshare-developers/

 

6-pillars-with-text

Hug Your Haters Part II: A Customer Service Message

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

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

But first some of the latest in Europe.

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

Court Masp

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

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

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

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

Now on with Irene’s article.

Hug Your Haters Part II

My Marriott Customer Service Experience

testimonials

By Irene Parker

August 29, 2017

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

 

Mr. Baer discusses in his book the difference between onstage and offstage Haters. Many of the complaints Inside Timeshare has received are from offstage Haters, unfamiliar with Social Media. Sometimes offstage Haters need an onstage Hater to plead their case.

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

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

A Lesson for Other Timeshare Companies

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

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

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

marriott rewards

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

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

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

Onstage Haters compared to Offstage Haters – Chapter 7

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

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

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

Bluegreen and Diamond Resorts Advocacy Facebooks

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

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

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

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

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

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

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

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

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

help

letter from america

Friday’s Letter from America

It’s Friday! Time for another Letter from America, this week one of our advocates writes an open letter to an industry advocate, Irene Parker provides the introduction, but first some news from Europe.

Those nefarious fake lawyers from Tenerife are at it again with another new twist to secure your money. This time it is from Armando Gareca Abogados, one of the new names in the Litigious Abogados family, thank goodness this reader decided to search the web before paying any money and found our articles.

armando-gareca-abogados-logo-1

This particular reader was contacted by Armando Gareca and informed that a case had been lodged with the court against their timeshare resort, not bad considering the courts are closed in August. They were informed they could become part of this case and once they paid the Procurator fees of 1,012€ the case would proceed. It all sounded very good, they were told how much they would be getting back and when they would receive it. Obviously this law firm has a crystal ball and can tell the future!

As we said the courts are closed in August, but also they have expanded their jurisdiction, the Spanish courts and these so-called Spanish lawyers now have the power to take a Greek resort to court in Spain. Not only that Spanish law is applying to a purchase made in Greece!

So just to recap, if you purchased your timeshare in Spain or any of its territories, then Spanish law will apply, if you purchased in the UK, Malta, Portugal, Greece or anywhere else in the world, then Spanish law will not apply. Also it takes at least 12 to 18 months to get a case to court, there are some lengthy procedures to go through before it gets to trial, so the promises of this particular group that the case is being heard within weeks are false.

We have also had some enquiries regarding finance for timeshare purchases arranged by the sales staff, many of these are with Barclays Partner Finance or Hitachi. Some of our readers who have been contacted by various claims companies are told that once they sign up for legal action, they will have the loan stopped and the interest repaid.

This is a false claim, the timeshare resort acted as a broker for the finance, your agreement and contract is a personal one with the finance company and nothing to do with who sold you the timeshare. If you are taking legal action against your timeshare company, the loan is a separate issue, which can only be dealt with after a successful outcome against your resort. By stopping any payments to the finance company you are then leaving yourself open to legal action by debt collectors and subsequently receiving a CCJ, or County Court Judgement. This will have a devastating effect on your ability to get any credit, even being able to get a mortgage.

So beware of many claims, these people will play on your emotions, make promises that are not there, it pays to to check and double check. Do your homework!

homework

Now we move on to this week’s Letter from America.

An Advocate’s Open Letter to an Industry Advocate

greed1

By an Advocate

Introduction by Irene Parker

August 25, 2017

The following is a letter submitted to Inside Timeshare written to a timeshare industry proponent by one of our Timeshare Advocates. The letter is in response to an article the author wrote posing the question as to whether the timeshare industry needs to look in a new direction.

The letter writer asked that he not be identified and that the title of the article not be mentioned as this was a personal letter written to the author. One thing sorely lacking is dialogue between critics and proponents of the right to use timeshare product which can be financially devastating for a family when the resort denies their release and when no secondary market exists.

Following the article I have offered comments agreeing and disagreeing with both the author of the article and the letter writer. We encourage others to weigh in.

Thank you to our Advocate reaching out to the industry. We hope he receives an answer.

QA

In your article you state, “Timeshare is definitely not a real estate investment and apart from the occasional overzealous sales associate, timeshare companies long ago stopped pitching it as such an investment.”  While I agree with your assessment that it is not an investment, I must ask, are you saying timeshares are not real estate or are not an investment?  I also read other timeshare articles you wrote. You are knowledgeable, but I believe you missed some of the key issues a potential buyer of the product needs to understand. You are not the only financial timeshare writer glossing over two important issues:

  • Timeshares have no viable secondary market,
  • The timeshare product has evolved to no interest in real property.

Consider the potential impact on the industry, or better stated, why the issues have not yet impacted the industry.

You rightly state in your article, timeshares are overpriced and there is no appreciated value in the real estate. I wish you had made it clear, that once purchased, a timeshare has no value. You must be aware of the fact that there is no viable secondary market. With little data available (the industry controls it), I find the “sale” of most timeshares on the secondary market require the seller to bring money to the transaction. That equates to a negative value.  

Recently, in an effort to avoid increasingly ugly publicity, many of the largest players are offering a “give back” or “surrender” option to older owners, not actively using or able to use their timeshare, provided the associated home facility is viable and the product is fully paid. These guys are such good sales people they have actually been successful in improving their image, offering certain members in select properties the opportunity to give back their timeshare to the developer with nothing in return other than to escape their burden. The timeshare interest they bought for $20K to often well over $100K is given up for nothing so the developer can resell as new.  

The non-viable secondary market environment is no accident. It certainly is not caused, as ARDA would have you believe, by an oversupply of inventory, or the result of advocacy groups and “sell your timeshare” type organizations that illegally prey on owners. ARDA has long acknowledged the lack of a viable secondary market and has for years committed to fix it. While out of the public eyes, ARDA does nothing, even works not so secretly against efforts to raise a secondary market.

I am sure you have read industry 10Ks. In most every 10K I have read for the past 15 years, the existence of a secondary resale market would have a significant negative impact on developer earnings. It’s no surprise the industry is active in suppressing the market to eliminate their perceived risk. I just wish our consumer protection guys, wherever they may be, would mandate the same level of discourse for the individual timeshare buyer.      

I also wish you had not implied a timeshare interest is necessarily tied to a real property interest (and again the industry should be required to disclose this to potential buyers). The classic deeded timeshare is today by far the minority of sales. Timeshare consumers buy either an interest in a “user rights” trust, not the underlying real estate, or simply buy into a timeshare “club” arguably not a timeshare at all. Many in the industry call them vacation clubs.

Please understand my criticism of your piece is meant to be constructive and more importantly, intended to spur some additional interest on your part by examining the member’s perspective. Few consumers really understand the product and/or business model. The consumer protections guys are asleep at the wheel or have no mandate/political incentive to get involved, and the industry will not speak up for fear of risking a very profitable business model born on the backs of timeshare buyers fallen victim to the oral representation clause, locked into a perpetual contract. It’s tough for the consumer or the industry to get the real picture.

Have you had a chance in the past several minutes, as you struggle through my letter, to consider my question about the implications of the issues presented?

  • No secondary market,
  • Inadequate regulation,
  • ABS markets,
  • Cash flow should the issue of a non-equity product make the light of day,  
  • Inadequate disclosure as to the lack of a secondary market.

I am right?  No?

Well, I will end now and hope you do consider the implications of what I touched on. If I have sparked any additional interest on your part I’d like to talk more. Please call or write.

Respectfully,

An Advocate

gps cartoon

I would like to add a few comments to some of the issues raised or not raised by the letter writer and the article’s author.

First, I disagree with the article’s author in his statement that only a few overzealous timeshare sales agents sell a timeshare product as an investment, as the US side of Inside Timeshare continues to receive complaints almost daily from our readers reaching out to us for assistance after they allege being sold by deceit, concealment, violation of trust and bait and switch, meeting the definition of White Collar Crime, Financial Institution Fraud. Timeshare sold as an investment, told it would be easy to resell, is still one of the top five complaints.

We always want to acknowledge sales agents and developers trying to exist in a timeshare world so ingrained in deception on the front end of the sale. The 7,000 plus timeshare members belonging to five Bluegreen and Diamond Resorts Facebooks are filled with posts concerning allegations of deceit.

Second, surrender programs are no help to the majority of timeshare members that have reached out to Inside Timeshare because these members allege they were duped into signing up for high interest rate loans and credit cards. High 25% interest rate credit cards now can pop out on site like toast out of a toaster. Multiple credit cards are often opened.

As to a secondary market, we have heralded Disney Vacation Club as a company that allows an acceptable secondary market.

http://insidetimeshare.com/mid-week-report/

This is where the letter writer and I disagree. Licensed Timeshare Resale Broker Judi Kozlowski of RE/MAX would argue Hilton also has a solid secondary market in that they don’t punish the secondary point buyer to the extent other developers do. Judi has been working the Hilton Grand Vacation timeshare resale market since the beginning of their current resale program.

“In my opinion, Hilton has the best resale market out there – the developer does not punish the resale deeded points buyer. Buyers of points on the secondary market are rewarded with the ability to join the Elite Club. They are still allowed to use the open season rates, trade internally and use RCI through Hilton.”

Third, I disagree with the letter writer in that he states ARDA has stated they want to fix the secondary market problem. I think that is old news from a 2014 RedWeek article. In recent statements, ARDA CEO Howard Nusbaum has stated timeshare is a right to use produce so members should not expect any value back. My rebuttal is that if timeshare is now defined as a country club of sorts, why is the contract perpetual? What country club is out there you can’t quit? What country club, except for the likes of Mar-a-Lago, requires an initial payment of often $50,000 or more?  What about the consumer that has turned over $50K to sometimes over $100K only to learn two weeks later they allege they were lied to as showcased in several of our Nightmare on Timeshare Street articles.

The letter writer mentioned Advocacy groups. I would like to make a distinction between real advocates and scam artists that call themselves advocates, including some law groups. We have 93 timeshare members helping other members I consider real Advocates. We also have 55 Advocates, including several attorneys and professionals, who donate their time pro bono to offer an assessment or opinion after the resort has denied the member relief.

Thank you to our letter writer and to all our Contributors. Your voice is important because one or two voices alone do not a concert make. Contact us or one of the Bluegreen or Diamond Facebook pages if you need assistance, would like to share your timeshare experience, or express your opinion.

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Timeshare Advocacy Group™

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

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

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

There we have it, the end of another week and the start to what we hope will be a great weekend. Inside Timeshare thanks all those who contact us with information and enquiries, it is with your help we can bring those issues to a wider audience. Keep them coming.

Have a great weekend and join us again next week.

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law

Legal News From the US: Castle Law Group PC v Timeshare Developers

Today Irene Parker gives us an insight into one lawsuit that has made the headlines in the US, it would seem that across the great lake it is the timeshare companies that are on the legal offensive. In Europe the timeshare companies are very much on the defensive as we have seen in some of our previous articles.

Yesterday we published an article about the legal battle being waged against Silverpoint, they have stated that they will be filing a case with the High Court of Justice of the European Union, arguing that Spain has got the EU Timeshare Directives wrong.

eu court justice

Just to clarify one point on the EU Timeshare Directives, that is what they are “directives”, they are not law. A directive issued by the EU is a guide to all EU States to enact into their own domestic laws certain aspects which affect citizens. It is up to each individual state to interpret those directives as they see fit. The whole point is that each State may strengthen the directives, which is what Spain has done with their own timeshare laws, firstly with Ley 42/98 and more recently with Ley 4/12.

Directives are there to try and unify each State’s laws, especially on the matter regarding consumers rights, which the timeshare directive was intended to do. Before the timeshare directives came out, timeshare in Europe was what can only be described as lawless, timeshare companies could walk all over the consumer, there was no protection, timeshare was a new concept which nobody actually understood.

It followed an old economic system known as Laissez-faire, which has its roots in the 17th and 18th centuries, it was to be free of any government intervention, such as regulation. More recently a new term was conceived by conservative politicians and economists ‘free-market capitalism’. Timeshare has always followed this model, profit, profit and more profit at the expense of the consumer. (Again it sounds like Star Treks Ferengi).

Until laws are strengthened to the benefit of the consumer, we are going to see many more of these legal battles, be it consumer against developer or developer against law firms, the stage is set, let battle commence!

Now on with today’s article by Irene

Castle Law and Judson Phillips is Sued in Federal Court for Fraud

Orange Lake v. Castle Law Group PC

Westgate v. Castle Law Group

Diamond Resorts v. Castle Law Group

Who Next v. Castle Law Group

Speak truth

By Irene Parker

August 22, 2017

Who is Judson Phillips?

Tea Party Nation is a conservative American group considered part of the Tea Party movement.   The group was created by former Shelby County, Tennessee assistant district attorney Judson Phillips in 2009

https://en.wikipedia.org/wiki/Tea_Party_Nation

Judson Phillips Ridiculed for Wanting to Deny Others the Right to Vote

Judson Phillips, the lawyer behind Castle Law Group (Nashville), latest idea has created a hurricane size backlash against Mr. Phillips. The Castle Law Group owner believes that only property owners should have the right to vote.  Phillips seems to believe those who aren’t the elite feudal lords of property can’t be trusted to vote. Instead, they must be put back in their place as serfs, working for their lords for scraps off the feudalistic tables.

http://www.brighthub.com/money/home-buying/articles/123520.aspx

A Bright Hub reader’s response:

Yes, I am Republican but in no way would I ever want to be affiliated with any political group who deemed renters shouldn’t vote in public elections.

Who Castle Law Group is not:

http://www.castlelawgrouppa.com/

I contacted attorney Ben Hillard of the Castle Law Group P.A. in Largo, Florida a few months ago – by mistake. Mr. Hillard responded saying he thought I had his law firm confused with Castle Law Group PC of timeshare fame, law firms differentiated only by the initials P.A. and PC. Mr. Hillard would like to make it clear his firm is in no way associated with Mr. Judson Phillips or his law firm Castle Law Group PC. In a recent letter to Mr. Hillard, Mr. Phillips said his firm is considering rebranding for reasons not associated with Mr. Hillard’s concerns, the similarity in names.

Here is the Castle Law P.C. and Orange Lake Lawsuit as reported by Paul Brinkmann at the Orlando Sentinel

Orlando-based timeshare companies Westgate Resorts and Orange Lake Country Club filed nearly identical lawsuits in Orlando against Tennessee firms Castle Law and Castle Marketing. Westgate and Orange Lake accuse the Castle companies of charging some customers an upfront litigation fee of $7,500. Orange Lake said Castle filed no lawsuits for any of its owners who paid the fee; Westgate said Castle hasn’t filed lawsuits for some owners who paid the litigation fee.

A senior partner with Castle — attorney and Tea Party leader Judson Phillips — denies those allegations…. he said in an email he believes the suits are frivolous, and he and Castle have obtained good results for clients.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-timeshare-cancellation-fraud-20170618-story.html

According to a letter sent to Orange Lake attorney Brian Lower, from a Castle Law Group attorney, Castle accused Orange Lake of “gross misrepresentations regarding the terms and conditions of the Orange Lake timeshares in that they were fraudulently induced to enter into the timeshare contract and the debt instruments associated with such contracts in violation of federal and state laws.”

A letter from a lawyer like this triggers a “cease and desist” demand of all communication with the client, including collection attempts. This cease and desist letter has served as a bone of contention to timeshare developers in that a debt collector may not communicate with a consumer if the consumer is represented by an attorney or has an open Attorney General complaint, under the Fair Debt Collections Protections Act.

Among the twelve causes of action in Castle’s cease and desist letter against developers, are those our Inside Timeshare readers who have contacted us asking for help would not disagree with:

  • Improper and unethical high pressure sales tactics.
  • Gross and deliberate misrepresentations regarding benefits of ownership.
  • Gross misrepresentation regarding the ability to utilize timeshare points to cover fees associated with membership and exchanges.
  • False information regarding the ease and/or ability to resell for a profit.
  • False sense of urgency to purchase the same day.

Castle Law Group PC is not Better Business Bureau accredited, is nonrated, and a consumer complaint warning has been posted.

https://www.bbb.org/nashville/business-reviews/timeshare-cancellation-and-litigation-attorneys/castle-law-group-pc-in-nashville-tn-37113357

According to the Castle Law website they are timeshare lawyers trusted by thousands with a 4.7 out of 5 star ranking based on 12 reviews (powered by GetFiveStars). When I reached out to the firm for comment, I was put on hold for a very long time.

https://timesharecancellation.com/

you decide

Greg Crist, CEO of the National Timeshare Owners Association was recently quoted by the Orlando Sentinel that more lawsuits against cancellation companies were likely in the works.

“Some of those cancellation companies that have been targeted by developers were actually started by their own former timeshare employees. Those folks learned how to exploit the system by learning what is called the inside track. They know how the high-pressure sales tactics work,” Crist said. “They attract timeshare owners in the same way — post cards offering a free dinner, or an evening out. They show owners how maintenance fees escalate, and literally scare the hell out of these people using calculations that are wildly inaccurate and overstated. These are not law firms but represent to have an attorney on staff, giving the illusion that there are legal services involved in the transaction. Rarely does the company even communicate with the resort and the timeshare owner doesn’t even know what is happening until it is too late. Why is that?”

Crist explained this is often due to an unqualified money back guarantee the company provides that isn’t worth the paper it’s printed on. The owner is simply lulled into a false sense of security, until they are foreclosed on and that’s when all hell breaks loose. Crist has watched this happening for years, but says the industry is making a mistake by throwing legitimate attorneys in the same mix with resale, transfer and advocacy groups.

While the NTOA is involved with educating owners, advocating for their rights and helping them engage in the product they already own, they do not sell, transfer or offer services like TPE’s do. Any timeshare member or owner can join NTOA.

https://www.ntoassoc.com/

GBUgly

The present legal climate in the timeshare world is reminiscent of the old west with summons flying like bullets back and forth across the corral. Lost in the middle is the consumer, many complaining they purchased a timeshare based on false promises. The timeshare lobby ARDA and the major timeshare developers seem determined to ignore outcries of deceit on the front end of the timeshare sale.  

All attorneys are not created equal. It seems that timeshare developers don’t want a timeshare member to ever contact any lawyer and they lump all attorneys into a kettle of frivolous lawsuit filers. Two major developers attributed their rise in default rate due to “attorneys targeting members and cease and desist letters.” As in any profession, some attorneys do have questionable business practices, but any citizen should have a right to their day in court and the legal representation that accompanies that right if they feel they were deceived into purchasing a timeshare.

One former Hyatt and Diamond Resorts sales agent described “inventory recycling” as a hamster wheel that sometimes begins with deceit and bait and switch on the front end of the sale. To date (as of August 16, 2017) Inside Timeshare has received 124 inquiries of which 110 allege they were deceived on the front end of the timeshare sale. Most have outstanding loans.

“I am asking you to look at the moon and you are staring at the end of my finger,” deceased Jesuit Priest Anthony DeMello once wrote. That’s how I feel listening to case after case from family members, often financially devastated, alleging they were deceived, sometimes just days after a rescission period. Why won’t developers take a closer look at their own house?

ethics cartoon

Contact Inside Timeshare if you have a positive or negative timeshare experience to share, through your experiences others may have a better understanding of what they are going through and see that they are not alone.

If you need any further information regarding any article published, or wish to know where you stand legally with your timeshare, Inside Timeshare is here to help. Contact us and we will point you in the right direction.

6-pillars-with-text 1

A Customer Service Message

Customer service is the provision of service to customers before, during and after a purchase. The perception of success of such interactions is dependent on employees

“who can adjust themselves to the personality of the guest”.

Today we publish another article by Irene Parker, this is entitled Hug Your Haters! A Customer Service Message. It is a look at Jay Baer’s book of the same title, which will be available at most airport bookstores through September. Irene already has her copy, Forbes has an article reviewing the book written by Shep Hyken:

https://www.forbes.com/sites/shephyken/2016/02/20/love-your-customers-hug-your-haters/#6c2d2bfa1573

But first some other news.

It has been announced that RCI the timeshare exchange company,which is part of part of Wyndham Worldwide, is set to take over the Australian exchange company DAE, Dial An Exchange. This has been an independent exchange program for many years, it is popular for one simple reason, there are no annual membership fees. Owners only pay when they make an exchange, which does seem to be the fairest method, as you may pay a membership fee and never actually use it every year.

Obviously with the link to RCI, it may be that will benefit those who use DAE, as it should increase the number of resorts available to them. Many owners in the UK like the DAE system as they were rather disappointed with RCI and the annual fees on top of their ever increasing maintenance charges.

According to RCI, DAE will still be a stand alone company, with no interference from RCI, the questions is for how long?

Since the article Truth, What is Truth , was published last Thursday, Inside Timeshare has been receiving many more enquiries from confused Anfi members. It would appear that Anfi has stepped up its campaign to spread the falsehood that they are not losing cases at the Lower Courts or the Supreme Court, by contacting members and laying the seeds of doubt. What must be remembered is the simple fact these cases are public record and can easily be verified. Somehow Inside Timeshare gets the feeling that not is all well at Anfi, from our sources there may just be a rather important announcement about to be made. We will keep you informed as and when news becomes available.

Truth, What is Truth?

Next week in our Tuesday article we will be looking at the flurry of lawsuits being brought against timeshare attorneys in the US, Irene again gives the US, along with her own view on this subject. It does look as though the timeshare industry on both sides of the great lake are on the offensive.

So now to Irene’s latest contribution.

Hug Your Haters! A Customer Service Message

A timely message and a needed customer service handbook

catdog

http://www.jaybaer.com/hug-your-haters/

By Irene Parker

August 15, 2017

Hug Your Haters was written before the violence that took place in Charlottesville, Virginia over this past weekend. The event was planned by white supremacy demonstrators. I was trained by a financial planner from Trinidad. He shared with me this story about knocking on the door of a white man. When the man opened the door he took a hard look at my mentor and said, “I shoot black people.” My mentor responded, “I’m not black. I’m from Trinidad.” After a second hard look this white supremacist laughed and said, “You want a beer?”

No matter the color of skin, the amount of wealth you possess, or your determination to make a sale, people are people. Even kings interacted with peasants. Jay Baer’s book could not be timelier. Communication is the key, author Jay Baer asserts. Inside Timeshare agrees.

New York Times bestselling author Jay Baer is to be the keynote speaker at the Interval International Shared Ownership Conference to be held at the Miami Beach Eden Roc Hotel October 23 – 25. Mr. Baer has advised more than 700 companies including The United Nations and 32 Fortune 500 companies.

https://www.regonline.com/builder/site/Default.aspx?EventID=1951406

The title of Mr. Baer’s book, Hug Your Haters, is also the title of his keynote speech that he will deliver to developers, investment bankers, private equity firms and other capital investment firms.

Our Timeshare Advocates are hopeful, as the only response our 400 plus member supported Diamond Resort Advocacy Facebook group has ever received from Diamond was from one brave sales agent who joined the group. Basically, his conclusion was that we are irresponsible whiners unwilling to fulfill our obligations. He ultimately had to be removed for driving away already financially shattered members.

In preparation for Mr. Baer’s keynote address, I have invited him to join our Facebook hoping he may be our bridge to communication. He would at least be provided a microcosm of timeshare comments and complaints to study. I don’t know if I would call us Haters. I think seekers of accountability and transparency describe us better.

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

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

We are not alone. DRIP is a website launched by over 1,000 British members trying to find a way out of their timeshare contracts.

http://drip.enjin.com/

A Club Intrawest Owners Group Facebook has over 3,400 members

https://www.facebook.com/Club-Intrawest-Owners-Group-921012087982547/

A recently launched Gold Key Diamond acquired resort Facebook

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

Acquired resorts are on a campaign to reach out to other members in an effort to convince owners not to give up their deed in exchange for non-deeded right to use points.

Eight hundred Bluegreen members call this Facebook Bluegreen Class Action

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

Wyndham lost a whistleblower lawsuit when a jury awarded former Wyndham sales agent Trish Williams $20 million. Ms. Williams mentions TAFT days – tell them any fxxx thing to sell points on slow sales days.

https://dolanlawfirm.com/2016/11/wyndham-vacation-whistleblower-verdict/

hater

I could go on, but clearly Mr. Baer has his work cut out for him.

The timeshare lobby organization ARDA will be quick to point out that 83% of 9,000,000 timeshare owners are happy with their timeshare. Mr. Baer I’m sure will be quick to point out that the 1.15 million who responded they are not happy with their timeshare should not be ignored, even on social media sites. Mr. Baer’s primary thesis is:

Haters are not your problem…..

Ignoring them is.

In his book, Mr. Baer goes on to say that choosing to stay silent speaks volumes. Not responding is a response that says “I don’t care about you.” He talks about how it is psychologically difficult to engage with Haters, especially when they shine a giant spotlight on their perception of your shortcomings.

It’s not all gloom and doom though, at least not for Disney owners. We published this article analyzing why Disney has so few Haters.

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

As far as us chalking us up as disgruntled grumblers that don’t know how to use our points properly, here is one of our Advocates offering his analysis, previously published as a stand-alone article, why the timeshare industry has so many Haters;

It appears the industry has long depended on “self-regulation”. It has not done a great job of that but there have always been just enough companies that seem to try and deliver a quality product and quality customer experience at the same time they balance trying to make a healthy profit.

I think of a brand like Disney first and foremost. Also while I know a company like Marriott has their critics, in all my years traveling and staying at their hotel and timeshare properties I always got the impression they were serious about fulfilling their fiduciary responsibilities and providing top shelf customer service and a quality customer experience. I am sure there are other good examples.

In the past, the actions of the bad eggs of the industry (the industry’s worst examples), the negative impact was always minimal and able to be managed before it metastasized. But the potential problem as I see it is that in the last decade it appears what may be described as large predatory financial engineering companies almost “posing” as timeshare companies have risen and aggressively worked every loophole and non-regulation to their own advantage and now are probably guilty of gross violations of their fiduciary responsibility to their customers / owners. These companies have created vast fortunes for a very small network of individuals at the top of the pyramid.

Ironically though, and looking at historical examples from other industries, it is these very companies likely to bring the whole industry into the national spotlight and to its knees eventually. Some of these appear to have walked to the edge of doing that already.

As these quasi financial engineering / timesharing companies become increasingly more brazen in chasing profits by any means possible, raising fees rapidly at the same time they are reducing owner benefits, due to their increased sheer size the public outcry will likely increase and just the odds of random probability suggests there will be a “Gotcha” moment or event that will bring increased scrutiny and increased legislation.

If the good timeshare companies try to ignore what the bad ones are doing, they may find someday that their systems and profits and share prices are negatively impacted by the future regulations forced on the industry from the egregious actions of the bad actors in their industry.

challenge

We will continue our discussion in a Part II Hug Your Haters article examining two of the eleven points Mr. Baer said customer service professionals will learn by reading Hug Your Haters.  

The two types of Haters and what they want from you when they complain.

Why you need to answer every complaint, in every channel, every time.

Finally, why am I so critical?

It all started when my husband and I attended a pathetically aggressive sales presentation, lied to in order to get us to attend. We had not been happy with availability so in no way were we going to purchase more vacation points. We make due but, like many others, we feel we were oversold on availability.

Next, I learned when we tried to sell our points, because our contract said we could, not one member of the 64 member Licensed Timeshare Resale Broker Association will accept a Diamond Resort listing, although they will accept virtually all major competitor listings.

http://www.licensedtimeshareresalebrokers.org/

As I started publishing articles for TheStreet, Jim Cramer’s Mad Money Investment News Service and then Inside Timeshare, I began to hear from timeshare Haters the world over, including the Philippines and Australia. Families allege they were sold by deceit and bait and switch. To date I have heard from 114 families of which 101 would fall into the Hater category. The others were simply seeking how to go about relinquishing their timeshare.

You can Hug Your Haters all day long but if a timeshare company violates their trust and respect by siding with the sales agent over the customer when the customer knows what they were promised and what was not delivered, Hugs won’t help. Change will.

As our online information site Timeshare Advocacy Group ™ states,

Knowledge Speaks, Wisdom Listens (Jimi Hendrix)

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

This certainly looks a very interesting book and I personally will be looking out for a copy, thanks again to Irene for her insight into this subject, with part two being published next week. Maybe, just maybe, the industry will take note of this.

Over the next few weeks we have some very interesting articles in the pipeline, with one article giving the results of our Timeshare Advocacy Group and the results achieved so far.

If you have any comments on any article published or need any help and advice on any timeshare related matter, contact Inside Timeshare and we will point you in the right direction. Inside Timeshare is committed to giving you the facts and not fake news.

letter from america

Friday’s Letter from America

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

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

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

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

Compensation_Cheque-page-001

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

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

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

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

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

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

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

So on with this week’s letter.

Why does ARDA have a Code of Ethics?

Woman what

Members are beginning to wonder

ARDA’s Answer from ARDA’s website

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

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

By Eron Grant

August 4, 2017

Part I – My letter to ARDA

Part II – ARDA’s Code of Ethics

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

Mr. Clements, General Counsel and Lobbyist for ARDA,

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

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

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

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

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

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

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

We appreciate your consideration, and assistance!

Sincerely,

Eron Grant

Response from Diamond

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

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

My Response

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

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

questman1

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

Ethics Code of the American Resort Development Association

adopted by the Board of Directors April 7, 2014

  1. General Ethics Standards.  
  1. Disclosure.

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

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

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

audience

Note from Irene Parker

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

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

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

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

Member articles

Michael Nuwer and Justin Morgan

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

Alan and Debbie Callner

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

Detective Lela Renea a Bluegreen member

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

David Franks Chapter 2 (Chapter 4 upcoming)

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

Karen Garello Secret Shopper June 22, 2017

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

Romeo and Lily

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

Dr. Jeffries

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

Angela Johnson

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

Neina Orrillo

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

Barclaycard and Member stories May 17 2917

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

Marjorie Menacker

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

Eron Grant May 12, 2017

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

Nancy Callahan April 24, 2017

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

Betty Burmeister and a Filipino Family April 13, 2017

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

Laurie Sabbagh Secret Shopper March 17, 2017 Clarity Review

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

A Military Family March 6, 2017

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

The Hurleys January 25, 2017

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

Irina Allen January 13, 2017

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

Kathie Old December 6, 2016

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

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

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

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

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

Sylvia Saldana and the Barclaycard October 25, 2016

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

right wrong

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

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

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

fridaycat