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letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, we decided to run with this particular article following the news from Europe on Monday that Diamond was closing its sales offices in Europe. Obviously this will have a great impact on the many employees, who are now out of work and will need to find jobs in an ever decreasing sales industry.

As usual before we go on with our article, this week has not been a very good one for Silverpoint in Tenerife, with another loss at the High Court and also at the Supreme Court.

The judge at the High Court Number 2, found serious breaches of the timeshare laws, declaring the client’s contract null and void and ordering the return of over £49,000 plus legal interest.

At the Supreme Court in Madrid, the judges upheld previous rulings and declared another Silverpoint contract null and void. This particular client will now receive over 28,000€ plus all legal fees and legal interest. Another happy ex Silverpoint owner.

As usual these were clients of the Arguineguin law firm Canarian Legal Alliance. So this does go to show that in spite of what many timeshare companies are claiming, such as the article published on Wednesday about Anfi attacking CLA, this law firm is doing what it says.

CLA Logo

Now on with Friday’s Letter.

Inside Timeshare leapt at the chance to publish details of CLARITY, Diamond Resort’s program to promote accountability, transparency and respect for the Customer. The program was introduced after Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance accusing the company of violating Arizona’s Consumer Fraud Act. The Arizona Attorney General received hundreds of Diamond complaints. One source informed us the office received 400 complaints leading up to the investigation and 500 more complaints after the press release.

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

Diamond Resorts also provided a Diamond Resorts Consumer Advocacy Department to assist members from day one if they have concerns about their timeshare.

Inside Timeshare continues to receive complaints from members almost daily, with common complaints:

Purchase more points as that will be the only way to sell points. (Diamond’s secondary market restrictions make Diamond points almost impossible to sell.)

Purchase more points because that will provide you with the ability to pay maintenance fees by tendering excess points at 30 cents per point. (No such program exists as this is an adulteration of a 30/30 program designed for other purposes.)

Agents working for the same company selling against each other from the Hawaii Collection to the US Collections telling the member they made a mistake purchasing the collection they purchased, depending on which side of the Pacific the member is on.

Inside Timeshare has forwarded members complaints to Diamond’s PR firm and to ARDA. Both have ignored the complaints, but it is unlikely ARDA will enforce their Code of Ethics against a corporate member that gives ARDA a million dollars a year from Diamond members who unwittingly are billed $7 as an “opt-out” voluntary donation on their maintenance fee invoice. It is doubtful the average timeshare members understands even what the initials ARDA ROC stand for.

After reading complaint after complaint from our Nightmare on Timeshare series, I am certain our EU Diamond agents did not stoop to such tactics. Did this contribute to sales targets not being met?  Inside Timeshare has received 187 reader complaints, of which 178 are from Diamond Resort members.

Diamond Resorts Consumer Advocacy never returned Marsha’s call. One of Diamond’s Advocacy “hospitality” agents left one message but never returned her calls. CEO Michael Flaskey ignored Marsha Young.

A representative from Barclay’s Bank did contact Marsha Young. Although they cannot help, as Barclays does not physically open credit card applications, Marsha appreciated the respect she was given by at least being acknowledged.

You be the judge of Marsha’s story.

How Buying a Timeshare can be Financially Devastating

Luke

Introduction by Irene Parker

Since our first Inside Timeshare US member story was published October 2016, we have received 186 member complaints, of which 171 allege they were sold by deceit and bait and switch, meeting the FBI definition of White Collar Crime. Of the 186 complaints, 177 are from Diamond Resorts members. We don’t dispute there are many timeshare members who use and enjoy their timeshare points, but many have not yet been made aware of the lack of or limited secondary market. The majority of complaints allege they were told to buy more points because only at the next loyalty level could they sell points or be able to offset maintenance fees. Neither program exists. These members are stuck with a product they paid thousands of dollars for, felt were sold by deceit, incur maintenance fees and can’t sell. Their network of friends and family want nothing to do with timeshare. Sales centers should take note as Social Media no longer keeps members silenced and isolated. Diamond Resorts did not respond to our request for comment.

November 10

By Marsha Young

The vacation memories my husband and I shared together at Embassy Suites and Sunterra in Hawaii on the island of Maui are my most treasured, but our memories so precious have been destroyed. Maybe not the memories, but the timeshare we knew and loved has turned into a financial trap.

My husband passed away in 2011. I still travel some with friends and family and I enjoyed the flexibility of the point program until I succumbed to high pressure sales. In the past, when explaining the struggles of raising a family, or other reasons why we could not upgrade, agents would not push us when my husband and I said no, so I was not prepared for what happened. In an effort to warn others to seek counsel before you sign a perpetual contract after a six hour sales session, with rising maintenance fees, and no secondary market, I share my story.  

My problems began at the Diamond Resorts sales center at Williamsburg Virginia May 2017. I told the hospitality agent about how I had been deceived previously by a Hawaii sales agent. She told me she understood and explained that is why sales were stopped at the Williamsburg center for a while until a new program called CLARITY was put in place. My Williamsburg sales agents were Richard Rodgers and Mark Schilling. I told them I did not want to spend any more money as the maintenance fees were going up so much for the Hawaii Collection. They told me I should transfer my Hawaii points to the US Collection because maintenance fees would be less. The cost was never discussed. I thought there would be no charge. I saved the paper they used showing points transferring over to the US Collection. They also encouraged me to open a Barclay credit card because it accumulated points rather than miles, but neglected to tell me the card would be charged $7,100 for a down payment. I had sent an email to both Richard and Mark telling them I did not want to spend more money. The sales presentation lasted six hours. I was exhausted. When I got home and went to my DRI account. I was shocked at the new $34,000 mortgage. The maintenance fees did not go down.

I did not know where to turn so I called a friend who is an investment advisor. He called Mark Schilling. Mr. Schilling’s response was, “She signed the contract. The QA session was videoed.” Recorded QA Sessions are part of the new CLARITY program. The sales presentation is what needs to be taped because that is when sales agents make promises not kept.

Richard Rodgers told me $400 a month would be the maintenance fee but it is the mortgage payment, so I owe maintenance fees on top of the mortgage payment. I was also told I could still book Hawaii, but in July 2017 I went to a meeting in Hawaii and was told I should not have transferred to the US Collection, because I would not be able to get back into Hawaii. They also said the value of the Hawaii Collection was more valuable and had the highest availability. Jessica Ocegueda was the sales agent. She said I had traded down and if I want to go to Hawaii on US Collection points in all likelihood “it’s not going to happen.” I have learned from other members you still can book in Hawaii with US points. I was convinced to transfer all my US Collection points to Hawaii Collection.

After six hours, there is insufficient time or energy to review an inch high stack of documents. Diamond Resorts Consumer Advocacy never responded to my complaint, but they did send the Consumer Financial Protection Bureau and Barclays Bank my initials for the charge on a document.

  • Of the $138,000 approximate purchase price, $66,915 was taken back as credit for the US points and the balance financed was approximately $70,000
  • The down payment charged to my personal credit card was $8,529
  • A Barclaycard was charged $7,100
  • The monthly payment is $917.58
  • Estimated maintenance fee is $7,418

sad

At age 71, I watched my credit score plummet from the 800s to the 700s. I am a widow living on a teacher’s pension. I learned from reading Inside Timeshare articles and joining an Advocacy Facebook page, many have been told if they purchased more timeshare points, maintenance fees would go down. While the maintenance fee per point may decline a cent or two, the maintenance fee invoice does not decline. It’s easy for the resort defending their position to say, “You were confused,” but the volume of complaints found on the internet speak of sleight of hand, in my opinion.   

Not knowing where to turn I had contacted Irene Parker. Irene told me about the new CLARITY program Diamond Resorts implemented after the Arizona Attorney General issued an Assurance of Discontinuance, accusing DRI of violating the Arizona Consumer Fraud Act. She also said Diamond Resorts now provides an advocacy department for those who have concerns about their purchase. CLARITY is supposed to be about accountability, transparency and respect for the customer. I received none and was ignored by DRI Advocacy. It feels like the customer is always wrong.       

The actions of these agents have taken away my financial security. I feel trapped. It is not as easy or as enjoyable to travel without my husband. I can still travel with friends and would have been able to remain a Diamond customer had I not succumbed to an upgrade for reasons that were not necessary or true.  

I should have learned from the first bad experience I had in Hawaii. In Hawaii, I had been charged $2,995 for a program called the Sampler. I was refunded for that purchase because I did not know a credit card had been charged then until I returned home. Diamond said the agent, Mr. Frank Rippe, had been fired. They also said he had been the top selling agent of that particular product.

It is my hope timeshare members will continue to reach out to other members. It is a sad day when vacation timeshare plan buyers need a support group and a media outreach plan to warn other potential buyers.

act now

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

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

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

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

As we read many stories such as this it no longer comes as any surprise, what does seem to be a recurring theme is the age group of the people that contact us. They also all have the same story, credit scores being destroyed, after years of no defaults.

One thing that did make me chuckle in Marsha’s story is Diamonds comment on the the sacking of the sales agent, “he had been the top selling agent of that product”, well that is not surprising if he was being that devious!

Once again Inside Timeshare thanks all those who provide us with the information and contribute their stories, if you would like to contribute contact Inside Timeshare. If you just require any information about your membership or about any company that contacts you or even thinking of doing business with, but don’t know where to start, contact us and we will point you in the right direction.

Have a good weekend and join us next week.

weekend

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

letter from america

Friday’s Letter from America

Here we are again, another Friday and another letter from America, yes, this week we are back with our cousins across the great lake. Irene Parker gives us another article in the series Nightmare on Timeshare Street. Irene and her Husband have evacuated from their coastal home due to Hurricane Irma, which is set to hit over the weekend, we hope that you all remain safe.

nightmare

Now on with some news from Europe, as we have shown in the past there are many types scams to rob you of your hard earned cash, this is the latest we have been informed about.

It begins with a telephone call supposedly from Her Majesty’s Revenue and Customs, from a Mr D Clarke, he informs the timeshare owner they have received from the Spanish courts several million pounds, which is to be divided up and paid to owners. In this case the lucky owner is to receive over £24,000, but as it is over the £10,000 limit the owner has to ring the number given and quote the supplied reference number.

The numbers supplied by our reader are 003460209896 which is a Spanish mobile number and 033558663 (the reader has missed out some numbers).

No doubt the next phase is when you do call, there will some “tax” that you need to pay first, once this is paid then you will get the money. Well, we have heard that one before!

hmrc

Firstly, HMRC will not make telephone calls or send emails, they will contact by post, they will also not be working for the Spanish courts to hand out “compensation” especially for timeshare. If you have employed a lawyer or law firm to take legal action in Spain, then once your case has been heard and the court awards you payment, this will be dealt with directly from the court. The court will pay you through a bank transfer direct to your account. They will not be sending it to HMRC or any other third party.

CLA have also published a letter from one of their Norwegian clients, in this case they purchased from Anfi 2 floating weeks in 2005, for around 34,000€. They explained that after 4 years they found what they had purchased was not for them, it wasn’t working in their interest. They also found out that it was difficult to get out of the contract, selling would not get them anywhere near what they paid.

They came across CLA who then took on their case, their case was heard at the Supreme Court, their contract was declared null & void on the basis of the illegality of the floating weeks and the taking of deposits within the cooling off period. Eventually, in June this year the awarded amount was transferred to their bank by the court. This does show that contrary to claims made by Anfi that no one gets paid out, clients do eventually get their money.

So, now on with our Friday’s article from Irene.

Triple Nightmares on Timeshare Street!

Diamond Resorts says Marjorie Menacker’s claim is without merit

Virginia Attorney General Mark Herring Closes Case

A Victory for the Oral Representation Clause

back hander

By Irene Parker

September 8, 2017

Marjorie, Ann and Marcia share their experience

Inside Timeshare has received 130 Diamond Resorts complaints from US members. The following three timeshare dream vacations nightmares are allegations, but with 119 out of 130 complaints alleging deceit and bait and switch, in our opinion, a compelling and compounding pattern seems to have developed.

As in any industry, the bad apples make things difficult for timeshare sales agents trying to compete honestly in a world where Master Closers earn $1 to $2 million a year working at sales centers that can book $10 million a month. I have interviewed nine former and current timeshare sales agents and managers who assure me “pitching heat” is endorsed and encouraged top down and industry wide by sales agents that hop from resort to resort as they make their way up the ranks.

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?mcubz=3

This came as a shock to me. I built my business as a stockbroker, myself hopping from timeshare resort to resort in Hawaii, signing up timeshare sales agents for retirement and stock trading accounts. Back then many sales agents were independent contractors. “So we’re the units!” they would jokingly say. They were good people and one of those sales agents is still a close friend today. She too is shocked by the escalation in aggressive tactics, assigning buyers to a perpetual contract, often with no secondary market.

Today’s Triple Nightmare on Timeshare Street includes Marjorie, Marsha, and Ann. Marsha called me on the eve of what would been her 51st wedding anniversary, attempting to file a Mark Herring Virginia Attorney General complaint online. Marsha told me she was literally having Diamond Resort nightmares. All three direct their complaints against Diamond’s Virginia sales centers. Inside Timeshare has received twelve complaints against Virginia sales agent. Six of the members have reported a positive outcome feeling Diamond, after many rebuttals, listened and took appropriate action. Diamond Resorts Advocacy Department has resolved issues for a total of 31 out of a total of 74 formal complaints filed by our readers. Ann and Marjorie’s complaints are against the same Virginia sales agent.

Inside Timeshare has reached out to AG Herring and to Diamond Resorts for comment. To date they have not responded. Diamond has introduced a program called CLARITY ™ which they say offers transparency, accountability and respect for members.

I will call the following nightmares allegations, but Marjorie, Ann and Marsha would argue this is what really happened. Ann and Marsha have asked not to be identified, but they want to show Marjorie their support, having experienced up-sells similar to what Marjorie alleges.

3 women

Marjorie’s story

Elle and I purchased an additional 6000 Diamond points December 26, 2015 having been told about an exciting one day promotion if we purchased that day. The sales agents said we would not have to pay maintenance fees for 2016 or beyond. We had been struggling to keep up with rising fees as a result of medical expenses. Our contract lists a William Humphries as our sales agent, although we spoke to Brian and his supervisor Jeff at Diamond’s Greensprings Plantation Resort. We were encouraged to open two Diamond Barclaycards to finance the purchase. The finance rate is 25.74%.

The  sales presentation was very high pressure. We repeatedly stated that we could not afford anything that would require a loan, and did not like the difficulty we encountered finding availability. Maintenance fees were rising faster than we expected.

Brian repeatedly assured us that if we took advantage of the promotion offered that day, we would not have to worry about any maintenance fees ever again. He illustrated in chart form on paper how this program would save us money by trading in part of our total points each year. He said the remaining points would actually get “treated as double points.”

We were told this promotion would have been offered to us had we participated in dinner meeting offers over the previous year. I’ve learned almost all Diamond presentations begin with, “You should have been invited to a dinner meeting.” Out of our sight, Brian obtained special permission from his supervisor Jeff to extend the offer only for the day (12/26/2015).

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

Ann S

First, last January, when meeting with Brian Humphries at an ‘Owner Update’ in Virginia, we were told FLAT OUT  that if we bought 7500 more points we would now be part of an ‘ELITE’ group of Platinum owners who are credited 30 CENTS PER POINT when ‘recycling’ annual points back to Diamond so that Diamond can bring in potential owners. We were told that the conversion at 30 cents per point would be more than enough with all our points to pay our annual fees and still have points on which to travel. We restated the claim back to Brian several times to make sure we understood correctly. Brian now denies that he made any such promise. When I called Diamond and even the Platinum Department no one had ever heard of such a program and kept referring us back to Brian. He had even told us “When you get your bill and it’s time to pay your maintenance fees just contact me and I’ll explain how you do this.”  We would NEVER have purchased that day had that not been our understanding. But then nothing was ever given to us in writing (they even somehow took our personal notes from us and did not return them) and repeated emails and phone requests only ended in denials or flat out ignoring of our questions. After hearing what happened to Marjorie, I will be filing a complaint with the Virginia Attorney General’s office.

Marsha Y

I only purchased additional points because the sales agents at Diamond’s Powhatan Resort in Williamsburg said the maintenance costs would go down if I purchased more points. I have since learned this was not true. I had told the agents I could not afford the rising maintenance fees. I was also not told a $7,100 charge would be charged to a Barclay card for a down payment. The same thing happened in Hawaii. I was not told a Barclay card was being opened to charge a Sampler. I later learned the agent in Hawaii was later fired for this.

The hospitality agent in Williamsburg, when I told her about how I had been deceived previously, told me she understood and that is why sales were stopped at the Williamsburg center for a while until the CLARITY ™ program was put in place. Still, when I attended the Williamsburg presentation, I was charged $7,100 on a Barclaycard without my knowledge.

My husband (now deceased) and I originally owned three deeded weeks. We had no complaints about the agents that sold us those weeks. Up until this point, what I owned was within my budget. The additional charges have caused a great hardship. I am a widow on a teacher’s pension. The actions of these agents have taken away my financial security. I feel trapped. My credit score has dropped from over 800 to the 700s. I had no intention to buy points as it is not as easy or enjoyable to travel without my husband. I can still travel with friends and would be able to remain a Diamond customer if I would be returned to Silver status.

Will the timeshare industry ever admit to deception on the front end of the timeshare sale? Are these customers really not to be believed, along with so many other identical complaints? All three attended the presentations with their families and are adamant what they heard was what they were told.

The following Facebook pages consist of members helping members. Contact Inside Timeshare or join with others members working towards reform if you have a timeshare story, positive or negative, to share, or need help with a timeshare concern. After this Attorney General’s ruling, it really does seem the only court available is the court of public opinion. We posted below “Do you know your Consumer Rights?” Are there any Consumer Rights?

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

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

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

consumer rights 1

Thank you Irene, Marjorie, Ann and Marcia for your contribution to this week’s article, as you can see, timeshare can become a nightmare, it all sounds so great in the presentation.

It just leaves us to say have a good weekend, and for those of you in the path of Irma, stay safe.

weekend cat

tribunal supremo

Timeshare In the Press

Following on from some of the previous articles regarding court cases and the fact that many of the timeshare companies are denying they have taken place, El Diario, a Spanish newspaper has published an article which confirms these cases are genuine.

(Bring up the link below, right click on the article and choose translate)

eldiario

http://www.eldiario.es/canariasahora/tribunales/sentencias-Supremo-contratos-timesharing-Tenerife_0_677182619.html

In their article entitled “Eight Supreme Court rulings annul in one month `timesharing´ contracts in Tenerife for more than 400,000 euros”, they explain the cases against Silverpoint. El Diario explain that the Civil Chamber of the Supreme Court issued in the space of 10 days, between Monday 10 July and Thursday 20 July, a total of eight judgements against Silverpoint.

They go on to state that since the start of the year Canarian Legal Alliance has accumulated 18 rulings from the Supreme Court against this one company alone. Many of these cases had been won at the Court of First Instance, were then taken to the High Court on appeal and eventually to the Supreme Court, which returns a verdict in favour of the customer.

Silverpoints contention that these consumers are “investors” has in the past been accepted by the High Court in Santa Cruz de Tenerife, with the Supreme Court overturning that verdict. Silverpoint still contend that they sold a product which consumers eventually would sell and return a “profit”, making them “investors”.

What the Supreme Court has stated is these “consumers” for a substantial amount of money have purchased the right to use with annual maintenance fees, along with the addition of the possibility of resale. The court believes that this firmly brings the product into the scope of the law 42/98 on timeshare, and therefore they are afforded the full protection of the law as consumers.

The difference between what Silverpoint have been selling and that sold by other companies is quite simple, Silverpoint have on their presentations sold the product with the express promise of a sale in two years, in which the consumer will make at least a 15% profit. We all know that part of the sales pitch is “when you no longer want to use it you can sell it”, “that it will go up in value”. The fact is, according to the EU directives on timeshare it should not be sold as an investment.

Silverpoint have stated that they will take these cases to the High Court of Justice of the European Union and the Constitutional Court of Spain. From our understanding, the Constitutional Court only deals with matters regarding the constitution and not civil matters, which the timeshare law is. As for the EU High Court of Justice, will they not be bound to uphold the Timeshare Directives issued by the European Union?

Another publication to highlight the rulings of the Supreme Court, is the English language newspaper The Canary News. Last Friday 18 August, they published a translated version of the article in La Provincia, another Spanish newspaper.

the-canary-news-views-sunshine-logo-2016-250

http://thecanarynews.com/supreme-court-ruling-continues-to-tempt-thousands-of-timeshare-clients-to-file-lawsuits-for-fraud/

It starts with a recap of the groundbreaking case of Mrs Tove Grimsbo against Anfi, brought by the CLA lawyer Miguel Rodriguez Ceballos. This case opened the door for thousands of timeshare owners to annul their contracts and seek justice, following years of flouting the law by the timeshare companies.

miguel1
Miguel Rodriguez Ceballos

So once again we have to ask the question “who is telling the truth, do you believe the timeshare companies who have for years misled consumers, or do you believe the news from the courts published in various journals”?

We know who we believe, the evidence is there in black and white, not just published in newspapers but by the courts themselves in the official bulletins which make the rulings public. The timeshare companies have only themselves to blame for their present predicament, for too long they have believed they were above the law, by continuing their denial of these facts they are just destroying for good a once decent product.

http://insidetimeshare.com/supreme-court-rules-silverpoint-twice-one-week/

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

If you have any questions about this subject, or want to know if you have an illegal contract and are eligible to bring a case and how to do so, contact Inside Timeshare and we will point you in the right direction.

Do you have a story about your experiences and would like to share, then we would like to hear from you. This is your forum to be heard, with your contributions we can publish the truth about what is going on in the world of timeshare.

monday

Start the Week

Welcome to the start of another week at Inside Timeshare, last week we had the privilege of publishing our first article from Canada, sent in by the Club Intrawest Owners Group Hopefully this will be the first of many.

We also highlighted the latest news about the Anfi Tauro Beach Project, again the local people are being treated in the most dismal of ways. This project has been a fiasco right from the start, it has still a long way to go before it is resolved, we hope in the interests of the locals.

LIT

On the fake lawyers front we highlighted a very lucky escape for one of our new readers, it concerned Armando Gareca Abogados one of the new names in the Litigious Abogados family. At least this reader found out before he paid the initial fees to get a ficticious court case underway. This group has produced some very convincing documents and an even more convincing story, if you are contacted by them, think very carefully, if in doubt contact Inside Timeshare.

That intrepid law firm from Gran Canaria, Canarian Legal Alliance, also had a very good week, after publishing on Friday, our contacts informed us that they had received several Supreme Court rulings during the course of Friday afternoon. It brought the total of judgements by the highest court in Spain to 56, all brought by the lawyers at CLA. From what we at Inside Timeshare could gather those lawyers were absolutely ecstatic, as they received 5 rulings in one day!

From what we have been able to find out, no other law firm in Spain has ever achieved this amount of rulings, let alone had this number of cases sent to the Supreme Court. A truly remarkable achievement, with apparently many more still waiting to be heard.

nyt logo

To start the news this week, we look at a story from the New York Times, received by email for our morning briefing.

Europe Edition
Your Monday Briefing
By STEPHEN HILTNER
Good morning.
Here’s what you need to know:
The New York Times
• Turkey is facing mounting difficulties both at home and abroad.
The government has seized control of more than 950 companies since last July — from small baklava chains to large, publicly traded conglomerates — over accusations that they were linked to a coup attempt. The seizures, worth about $11 billion, have changed the way Turkey is perceived in the international business sphere. The Turkish lira is crumbling, and foreign investment has dropped by half compared with last year.

You may ask what has this got to do with timeshare?

Quite a bit if you have purchased a Club la Costa Fractional in Turkey!

As we know fractional is being sold as a real estate investment, with points attached in order to use it. The whole point is that it will increase in value and then be sold for, we hope, a profit in the future.

pigdress
Fractional, is it just a pig in a dress?

With the current situation in Turkey, it now makes this investment a rather dodgy deal. How long will it be before these seizures of businesses affect the resorts, after all who is building them, who owns them?

Also as foreign investment in Turkey is declining, will this make Club la Costa withdraw?

Will these properties actually get built?

What will happen if they don’t, will you get any of your money back?

Will CLC transfer you to a European Fractional?

These are all legitimate questions you should be asking yourself, where do you stand if it does go wrong?

Inside Timeshare is waiting for confirmation that the Supreme Court has made a ruling regarding fractional, once we receive this we will explain their judgement.

For the coming week, on Wednesday we will be publishing another article from Irene Parker, this one will be little different from our usual fare, it is a story of how timeshare should be, honest, above board and beyond reproach. But you will just have to wait till then.

Remember, it pays to do your due diligence and check things out before you go ahead and spend vast sums of money on anything to do with Timeshare. It is a minefield, so if you need any help or advice on how to check any company out contact Inside Timeshare and we will point you in the right direction.

If you have a story you would like to share with others contact us and we will work with you to publish it. Inside Timeshare is here to give you the facts, the truth and a place where you can share your own experiences with others.

thank-you-background-have-a-great-week_4lryptpix__F0000

 

july 4 17

Best Wishes on July 4th

Today is a very important day for our friends Across The Great Lake, July 4th, is Independence Day.

So Inside Timeshare (Europe) would like to take this opportunity to wish all our friends and contributors a very happy 4th July, we shall certainly be cracking open a bottle to help you celebrate.

c2

Yesterday, the week started off with another court in Tenerife finding against Resort Properties / Silverpoint, with the Court of First Instance declaring the contract null & void. In this case the CLA clients will receive back 23,150€, in this instance that is 7,000€ more than they originally paid. The infractions for this case are the contract being a perpetuity one, deposits taken on the day of signing and the lack of information required by law.

It is clear that the courts in Spain are enforcing the timeshare laws, as laid down and clarified by the Supreme Court. We are seeing more and more cases with some very large payouts, often more than the client originally paid, showing the courts will penalise resorts and their sales departments for infractions of the law. The most common ones are the taking of deposits within the 14 day cooling off period, even by a third party, which the courts are awarding double. In some cases this period is increased to 90 days if there is a lack of information required by law, which would then allow the courts to award double any payment made in this period.

Unfortunately, due to these rulings there are many companies springing up purporting to be law firms, stating they have won so many cases. Many are offering a no win no fee case, then need to have a substantial payment upfront to start the case. If contacted by one of these companies, check how long they have been in operation, check the dates of company registration (if any) and the date of any website registration. Remember many of these court cases have taken 3 years or more to go through, as they have been subject to appeals at the High Court or sent to the Supreme Court, so any company that has only just “popped up” could not have had these successes.

icalp coat of arms

Check who the lawyers are, what their Bar Registration numbers are, you can check these through the Spanish Bar Association Register. We are also seeing fake court documents, these can be verified with courts themselves, if you are in doubt contact Inside Timeshare and we can check them for you.

Another aspect to many claims companies and the no win no fee claims, is that they will need to “relinquish” your membership first, this is usually for several thousands of pounds. The no win no fee claim is then an attempt to claim under section 75 of the credit consumer act. Now the important thing to remember is if you have used your timeshare, then you have received the goods and services paid for, so there is no claim. The credit consumer act sec 75 does not pay out because the contract is illegal under Spanish law. There is only one way to make a claim and that is using a legitimate law firm with experience in this field and going to litigation.

If you are in any doubt about the authenticity of any company you are dealing with, or the offer sounds too good to be true, then contact Inside Timeshare and we will check them out for you. Remember, better safe than sorry.

homework1

Happy Independence Day and have a great party.

jul4

 

 

letter from america

Friday’s Letter From America

Welcome to this week’s Friday’s Letter From America, Irene Parker’s article this week focuses on eleven Platinum Diamond Members who have had problems. But first a round up of the news from Europe.

Once again, those lawyers from Canarian Legal Alliance have made legal history in Spain. Back in March 2015 they secured the first Supreme Court ruling against the timeshare industry, on Tuesday 13 June, they did it again with their 50th ruling from Spain’s highest court. From our sources, no other law firm in any field has managed to get this many rulings through this court. It certainly has shaped the way the timeshare laws are now being applied.

This latest ruling was against Silverpoint in Tenerife, a company with a long history of litigation against them. Since January the Supreme Court has ruled on no less than 10 cases brought by CLA on behalf of their clients.

Yesterday, Thursday 15 June, it was also announced that the Court of First Instance of Granadilla de Abona Tenerife, has ruled against Diamond Resorts Tenerife Sales SL. The client’s contract was declared null & void and the court ordered the return of over 29,000€ this was because the contract was the Diamond points system.

On Wednesday 14 June we published the Anfi CEO’s letter to members, in his letter he still indicates that the Supreme Court has got the perpetuity contracts decision wrong, he also says that it is not true that Anfi are losing. Well here we go, Wednesday 14 June, the High Court No 3 of Las Palmas once again declared an Anfi contract null & void in respect of the contract being over 50 years in duration (perpetuity) and that it also contained “Floating Weeks”. In this case they have been ordered to pay back over 10,950€

The truth is there and plain to see, it can also be easily verified through the courts themselves. Sounds like the “Fake News” syndrome is catching!

At least in Spain, consumers are getting the protection of the law, maybe our cousins across The Great Lake will take heart, that there is some light at the end of the tunnel. Now to Irene’s article.

 

Eleven Platinum Diamond Members Cry Foul

Romeo and Lily Dalisay Share their Story

be strong

By Irene Parker

June 16, 2017

It’s not easy to stand up against wealth and power, whether you are a woman accusing a famous comedian, or a former FBI Director accusing the President of the United States. Any timeshare member who has come forward to share their story can relate to the discomfort felt when the decision has been made to stand up publicly for truth and justice.

Inside Timeshare previously published the story of Romeo Dalisay, age 70, and his wife Lily, age 71, a California Filipino family. Romeo is a retired physical therapist and Lily a hand therapist. The family has maintained a good credit score until now, facing foreclosure for the first time in their life.  Mary was working just to pay for their Diamond Resorts loan and annual maintenance fees, but can no longer work due to complications from diabetes.

Romeo and Lilly decided to release their identity after reading Angela Johnson’s Inside Timeshare article. It was also of great comfort to read about the Fournier family and the lawsuit filed against Diamond Resorts by attorney Amir Goldstein, as the Fournier family is struggling with the foreclosure process as well.

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

The Dalisay family is one of eleven Platinum Diamond member families that have reached out to Inside Timeshare alleging they were up-sold to a higher loyalty level by deceit, concealment, violation of trust and bait and switch.

Out of the eleven Platinum member complaints, Diamond’s Advocacy Department has resolved three. Three of the eleven complaints involve Diamond’s rental policy change, which states Diamond members can only rent to friends or families. All hold contracts allowing rentals and were sold on the benefits of renting.

philipines flag

The Dalisays are one of four Filipino families who have reached out to Inside Timeshare. Diamond has helped two of the four Filipino families resolve their complaints. The Dalisays first article was translated into Tagalog.

Diamond Resort’s non-deeded vacation points cannot be listed with any of the 64 members of the Licensed Timeshare Resale Broker Association, so families find themselves forced to foreclose if they are not eligible for a voluntary surrender due to a loan outstanding. Diamond Resorts is the only major timeshare that cannot be listed with an LTRBA member due to restrictions the company has placed on the use of secondary points the LTRBA members feel are more onerous than other major timeshare companies.

http://www.licensedtimeshareresalebrokers.org/

Inside Timeshare has received numerous complaints from Diamond members concerning Diamond’s Polo Towers and Cancun Resorts sales tactics. Of the eleven Platinum members filing complaints, six are from these two resorts. One of the six was up-sold by a Polo Towers sales agent while she was training Diamond’s sales agents in Virginia.

In brief, here is a description provided by nine of the eleven Platinum member complaint allegations that do not concern the rental issue except for Irina. Irina Allen has been accused of renting, although she says she only posted one ad on RedWeek on the advice of her sales agent. There are many Diamond rental ads posted on RedWeek. Irina also alleges she was upsold by deceit. The families are listed only by number.

  • Ka’anapali Hawaii sales center, up-sold from US to Hawaii Collection or there would be no Hawaii availability. Virginia sales center, up-sold to take advantage of a 30 cent maintenance fee reduction program that did not exist, Polo Towers Las Vegas sales center, “should have been invited to a meeting” up-sell from Hawaii to US Collection, or they would regret being Hawaii Collection members.
  • Branson MO up-sold to obtain a survivor release benefit, already available, a Ka’anapali up-sell US to Hawaii claiming only Hawaii points can be rented and only Hawaii members have survivor release options.
  • Polo Towers, a Legacy up-sell because points will appreciate and buying Legacy points is the only way to sell points. Complaint resolved in member’s favor.
  • Polo Towers, a Legacy upsell so they could sell their points. Complaint resolved in member’s favor.
  • Polo Towers, a Legacy up-sell as the only way to sell points. Unresolved Irina Allen up-sold in order to use secondary points, the subject of an upcoming article.
  • Polo Towers, a Legacy up-sell as the only way to sell points. Complaint resolved.
  • A Polo Towers sales agent, working in Virginia to train Virginia sales agents (as she said she helped developed many of Diamond’s policies), a Hawaii to US upsell or there would be no US availability. US to Hawaii upsell or there would be no Hawaii availability and renting Hawaii points is allowed only in Hawaii to cover maintenance fees.
  • Romeo and Lily Dalisay described herein.

Back to Romeo and Lily’s story in their own words

The Dalisays are former Monarch owners. Convinced to give up their Monarch deed, they currently own 60,000 Diamond points. The mortgage balance is $85,968 financed by Diamond at 13.1% and the monthly payments are $1,375. Maintenance Fees for 2017 are $9,034. Historically, according to information culled from lawsuits, Diamond points have sold for $3 to $4 a point, so the Dalisays have spent at least $200,000 on vacation points.

Many Monarch owners at all loyalty levels have contacted Inside Timeshare alleging deception, claiming they were told they had to buy additional points due to Monarch’s bankruptcy as they were responsible for their share of Monarch’s debt, when in fact many Monarch owners were able to deed back their Monarch week for a $250 fee.

In Romeo’s and Lily’s words

In Las Vegas at Diamond’s Cancun Resort in 2013, we were told we should have received an invitation to attend a dinner to discuss the transition from Monarch Grand Vacations to Diamond.

“You should have been invited to a dinner” is being used today on Gold Key and Intrawest owners. It seems designed to confuse.

The sales agent asked us to write a letter stating we did not receive the dinner invitation and therefore should be given the same price per point as those who attended the dinner. He faxed our letter to a Las Vegas Diamond office. We were told that due to Monarch’s bankruptcy we would lose our equity if we did not purchase additional Diamond points. The promised one hour meeting lasted five hours. We eventually broke and signed a contract to buy more points.

We constantly received telephone calls asking us to attend more updates. We generally turn them down, but accepted an offer from Diamond’s Cancun Resort. A previous telephone sales encounter from Cancun lasted over three hours.

In Pomona, California July 2015 at another meeting, we again were told we had to get rid of our Monarch points by buying more Diamond points in order to prevent the increase in maintenance fees due to less and less people owning Monarch.

This is a difficult topic and one of great interest to Intrawest and Gold Key owners as well because it is unclear how diminishing numbers of deeded members will be treated. At a 2016 Monarch Annual Meeting it was announced 30% of the remaining 40,000 Monarch owners had not paid their 2016 Maintenance Fees.

The Pomona sales representative said that if we keep our Monarch deed, we will be assessed increased maintenance fees to pay for the repair of the Cabo property caused by a hurricane. Another example he gave was the water damage at The Point at Poipu, a Diamond acquired property in Hawaii.

This meeting lasted over five hours until midnight. Focus, decision making ability, and judgement falter if kept that long. The increase in maintenance fees after this purchase started our financial struggles.

A total of four credit card accounts were opened to pay the down payment.

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

In 2016, we took out loans to pay our maintenance fees. We also used points to pay maintenance fees, but a point purchased for around $4 is only worth $.04 if used to pay maintenance fees.

stick men

Many of the tricks of the timeshare trade, like promising a buy-back program when none exists, are not unique to Diamond. What is unique is an organized effort among 5,000 Diamond member supported Websites and Facebook members determined to report deception when it occurs by obtaining the sales agent’s name and ID number, the resort location, and date and nature of alleged deceit. In other words, we act to hold Diamond accountable when members feel “the script” is nowhere to be found.

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/

We hope the goals of accountability and transparency promoted by Diamond’s new CLARITY™ program are acted on and enforced as we work in partnership to make sure they are.

Our Timeshare Advocacy Group™ motto, courtesy of Jimi Hendrix, is Knowledge speaks, wisdom listens. It is our hope that one day timeshare developers will not look upon customers such as those described in this article as “the enemy”. Those mentioned in this article with issues resolved issues were initially denied and had to fight for a positive outcome. We teach our children to admit when they make a mistake, but grown-ups working in the corporate liability world must abandon this important principle in order to survive in a sometimes customer unfriendly world.

truth set you free

So there we have it another week over in the murky world of timeshare, thanks to all those who contribute, either by writing their stories or just giving us the heads up on the latest news. The truth is out there as Mulder and Scully from the X-Files would say, it is just a matter of who you wish to believe, those who sold it to you or independent sources?

friday dog

Have a good weekend.

stop press

Just as we were about to publish this news came in from the High Court Number 3 of Santa Cruz de Tenerife, Diamond Resorts Tenerife Sales SL, (Diamond Resorts Management Ltd), Club Sunterra Europe Ltd,(Sunterra Europe Ltd) Diamond Resorts International have just been ordered to return over 33,451€, with the client’s contract being declared null & void.

mass media

Diamond in the News Again.

Yesterday 23 May 2017, Canarian Legal Alliance announced another sentence passed from the Courts in Tenerife. The company in this instance is Diamond Resorts Tenerife SL, which was the sales company selling Diamond products in Tenerife.

In this judgement two contracts have been declared null & void, the first was a purchase in 2008 which came under the Spanish Timeshare Law 42/98. In this case it breached the law regarding the points system, which like floating weeks has no actual object to the contract.

The second contract was signed in 1998, so the timeshare law could not be applied, although the lawyers from CLA asked for the nullity by the civil code for the lack of object of the contract (points system).

There were also other infringements of the law which were:

  • The contract was in perpetuity;
  • There was a lack of information in the contract;
  • The withdrawal period was missing along with various other points.

In this case the client has been awarded over 28,000€ plus legal interest.

PDF of Court Sentence. (click to open)

20170523103054910

Another case they announced on 22 May, was that Holiday Club Finland (based in Gran Canaria) have been ordered to pay back the client over 36,000€ and the contract declared null & void.

Once again the Court of First Instance at Maspalomas, Gran Canaria, followed the Supreme Court rulings that deposits taken with the cooling off period illegal. In this instance the client had paid almost the whole amount within the 14 day period, the court ordered that to compensate the client the company had to pay back double the amount received.

As this article was being prepared, CLA announced another case from the Tenerife Courts, this was against that old adversary Silverpoint.

The judge in this instance found many infringements in the contract contrary to the timeshare law. Again the contract was declared null & void with the return of over 24,000€ plus legal interest.

It would seem that the lower courts are following what the Supreme Court has laid down to the letter and according to our information there are many cases still waiting to be heard.

Inside Timeshare also issues this warning, there are many firms being set up purporting to be lawyers, using these cases as a basis for duping the unsuspecting. Not every owner has a claim, with many of these dubious companies stating that they do, then all you end up doing is paying a fortune only to find the company then disappears.

If you want to know if you do have a legitimate claim contact Inside Timeshare we can check this for you. If you have been contacted by any company saying that you have a claim or that your timeshare company has been taken to court, found guilty and there is money waiting for you, then let us know before paying any money.

Be informed and stay safe, in the end you will save yourself thousands, as we always say:

homework
Now for another article from across the great lake, once again Diamond are in the frame!

Another Polo Towers Diamond Misadventure!

Not Las Vegas Again!

Result

By Neina Orrillo May 26, 2017  

It’s hard to believe a fun trip to Las Vegas can turn into a financial disaster – all over a vacation plan! After reading David Franks article about his plunge into the abyss of an eternal timeshare sales presentation, I decided to tell my story too, hoping to warn others to beware of the bait! When Diamond Resorts says “STAY VACATIONED!” they mean it in a way not expected.

I ended up at Polo Towers in Las Vegas at the presentation because I was using a “Sampler” package I had previously purchased. My niece had a dance competition so we decided to use the timeshare to stay in Vegas with our family. Since the Sampler is a trial presentation I was told I had to attend a sales presentation.

We listened to a vacation plan that was out of this world. It sounded as if it was too good to be true. It was. I fell for it, but I know I am not alone thanks to our member sponsored Diamond Advocacy Group.

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 signed up and we are living to regret it. Here is what Diamond sales agent, Janine Viraga, told us:

The timeshare would be tax deductible like mortgage interest, and the deal is so great if she wasn’t already an owner she would take the deal she was offering me.

We would receive a “free” trip but it turned out I had to pay $1000 before I could even book the trip!

I should and could easily get a personal loan like a home equity loan to refinance it to reduce the 14% Diamond interest rate.

The interest rate on what Diamond financed would be no higher than 13.99% when it turned out to be 15.99%.

When I said I wanted to take the offer back to my room and think about it, she told me that if I left before buying then she could not offer me the deal I was getting.

Here is what timeshare buyers should know that I didn’t know:

Know your cancellation period. I was never told of the 5 day cancellation policy.

I didn’t have the money for a down payment so she “talked to her manager” who decided they could put the down payment on the Diamond Barclaycard credit card and finance the rest so double interest charges.

Go to complaint sites and Advocacy sites like our Diamond member sponsored Advocacy Facebook before you buy to see how many complaints there are relative to other timeshare companies. Most car shoppers and home buyers don’t buy the first car or house they see. They comparison shop.   

Learn about availability issues. I have a hard time using the timeshare because everything is always booked. I am a nurse anesthetist, so I am not retired and cannot travel as spontaneously as someone who is retired.

We ended up buying 7,500 points for $29,305 and the balance on our loan is financed at 15.99%. Through our Advocacy Group I learned Diamond is the only major timeshare company that can’t be listed with a member of the Licensed Timeshare Resale Broker Association because the 64 members feel the restrictions Diamond places on the use of points purchased on the secondary market is more restrictive than any of Diamond’s major competitors.

When I contacted Diamond’s Advocacy Department after filing a formal complaint I was told, “Well, you signed the contract.”

I realize now I have joined a growing list of timeshare consumers who know we were sold by deceit, concealment, violation of trust and “bait and switch”.

It’s time timeshare members organize to stop predatory and aggressive timeshare sales and lending.

My Advice:

Consumers need to do their homework and don’t sign anything on the same day!

Stay Strong!

Bullying

Thank you Neina for your contribution, your voice has been added to all the others.

stop press2

As we were about to publish this last piece of news just arrived.

Following Yesterday’s article on “Clarity”,   one families story that was highlighted by Irene Parker,  has had a successful outcome.

 

Your voices are being heard, some of these companies are taking notice. One voice is never heard, but coming together they get louder and stronger.

To those owners at Los Claveles, take heart from this, your voices will be heard above the lies, deceit and bullying of the Ona Group. You have many supporters, all it takes is them coming together.

together 1