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clarity

The Tuesday Slot with Irene

In this week’s Tuesday Slot with Irene, we welcome another new contributor, Alicja Tandecka from Poland, with comments from Irene Parker. This story is one with a happy ending, so Inside Timeshare is pleased to share this with you. But first we have a quick look at Europe.

On the legal side, it now looks like we have two courts where the judges have decided to dispense with full trials and issue judgements at the pre-trial stage. Usually the pre-trial is a general review of the case and the judge will then decide to set a date for a full trial.

The Courts of First Instance No 1 & 4, of San Bartelomé de Tirajana in Maspalomas have now in several cases decided that a full hearing is no longer necessary. Their reasoning behind this is very simple, it is a matter of contracts, they are in breach of the timeshare laws 42/98 & 4/12 along with the rulings from the Supreme Court. In these cases the judge has decided to rule and issue his sentence, the last one was issued within three days of the hearing.

This is obviously good news for clients, as it will speed up the legal process no end.

Another lawyer known to these pages has now started to publish the results of his cases, Javier Correa, who at one time worked with Miguel Rodriguez Ceballos of Canarian Legal Alliance. With the news that Javier is now publishing his results does go to prove that what timeshare companies such as Anfi, along with David Cox of TESS stating that these are all fictitious cases is not true. They are a matter of public record, Inside Timeshare even published links to the official website where these case files can be accessed.

News has just been received on the EZE Group case, Dominic O’Reilly and Stephanie O’Reilly his daughter, are to appear at Birmingham Crown Court on Monday 30 April 2018 for sentencing. This will be good news for all those EZE Group clients who have been taken in by this company. One question which we will ask, is how will Birmingham City Football Club deal with this, after all EZE Group are linked to them and also have a stand named after them?

As we were about to publish , we went to check some details on the EZE Group website, the account has been suspended and cannot be accessed.

More news on this next week.

Now for our Tuesday Slot.

Alicja Tandecka’s Trip to America turns into a Polo Towers

Diamond Resorts Issue Resolved!

The Federal Trade Commission’s Report on Complaints

April 24, 2018

By Alicja Tandecka

My visit to America from my home in Poland to attend an Arbonne conference turned into a travel dilemma after I signed a contract to purchase a Sampler product from Diamond Resorts. I signed a contract to buy 20,000 Diamond Sampler points for $4,000.

Two hours after I signed the contract, I decided I had made a mistake, so I went back to cancel. I was alarmed to read that this Sampler product has no cancellation period, even though I had found on the internet Nevada has a seven day cancellation period. I feel this is a very unfair business practice.

As a foreigner in a foreign country, I did not know where to turn. I reached out to Inside Timeshare and the Diamond Member Sponsored Advocacy Facebook for help. I will be eternally grateful to have found them and their pro bono help in all this will not be forgotten. This is what restores my faith in humanity.

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

As you can see, we were having a great time in America until I realized I had made a mistake buying something I really did not understand.

https://www.facebook.com/alicjatandecka

Irene Parker from Inside Timeshare directed me to the Diamond Resorts Consumer Advocacy department. I told her about the high pressure sales presentation I attended. Irene explained that Diamond has introduced a program called CLARITY that promises no high pressure and that I should explain to that department what happened.  

When I went back two hours after I signed the contract to cancel, the office was closed. The next morning I went back again and was asked to write down the reasons why I wanted to cancel so the agent could send this to Diamond corporate. The agent I spoke with assured me I would be refunded, but I was worried.

Irene explained that Timeshare Advocacy Group™ advocates have helped 404 timeshare members because reports indicate there is no enforcement of timeshare regulations in Nevada and a few other states. She suggested I submit an article to Inside Timeshare about my experience. She sent my article to Diamond Resorts for comment to see if someone might reach out to help me end this ordeal. Someone did so my trip to America ends with many new Facebook friends and a timeshare issue resolved!   

Comments from Irene

The Federal Trade Commission released complaint statistics and timeshare made the highest dollar amount. The amount of $1,700 seems low as timeshare member reports from members reaching out to Inside Timeshare include members losing money in amounts ranging from $25,000 to $400,000 or more.

The most common comments:

I’m so embarrassed! I feel so stupid! We haven’t told our kids!

Excerpts from the FTC report:

The Federal Trade Commission has released statistics on complaints and other problems reported in 2017. Some came directly from consumers, while others originated with law enforcement agencies and other organizations, including the Better Business Bureau.

The FTC received 2.7 million reports in 2017, a slight decrease from 2016. However, the amount of money people reported losing to fraud increased 7.5 percent to $905 million. The true numbers are much higher since many people don’t report being defrauded because they’re embarrassed, afraid, or don’t know where to turn for help.

Abusive or fraudulent debt collection calls were the top source of complaints in 2017, representing 23 percent of all reports. Identity theft, led by credit card fraud, and impostor scams rounded out the top three.

For the first time, the FTC broke out the numbers by the age of the person filing the report and the results mirror what the BBB has found in analyses of complaints it receives. Younger people reported losing money to fraud more often than seniors, but seniors suffered a greater dollar loss.

The median loss from all types of fraud was $429. Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population.

Florida had the highest per capita rate of reports to the FTC, at 993 per 100,000 population. Tennessee came in 10th at 649 per 100,000 and Mississippi was 27th at 514. North Dakota had the lowest ratio at 277 per 100,000 population.

https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

Inside Timeshare will walk with Alicja until her issue is resolved or foreclosed. We’re checking into whether defaulting on $4,000 will have any great effect on her credit report in Poland or create any problems coming to America in the future.  

More helping hands:

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Alicja for your contribution, Inside Timeshare and all the team who work with Irene are very pleased to have been of help, we are glad that your trip has ended with a host of new friends and we wish you luck for the future.

If you have any comments, questions or concerns about this or any article published, or need help to decide what to do and who you can trust, then use our contact form and Inside Timeshare will get back to you.

 

Friday’s Letter from America

Once again welcome to Friday’s Letter from America, this week Irene Parker interviews yet another military veteran family about their experience with Diamond. Joshua and Nichole Parker are just another couple in a long line that have reached out to Inside Timeshare in the past few months, we do not expect them to be the last.

First we have a quick look at Europe, we begin with a warning about a company cold calling Diamond owners in the UK.

cold call

One of our regular readers who is a member of one of the Diamond facebook pages, received a call from a company claiming to be called Scottish Heritage. It seems that the caller knew our reader is a member with Diamond Resorts, the offer was for a stay at a choice of hotels in Scotland for 5 nights for the knockdown price of £99.

This sounds like the old “flybuy” offers that we have warned about in the past, cheap stays along with the obligation to attend a presentation usually to purchase either a timeshare or holiday club package.

When we searched for any company called Scottish heritage we drew a blank other than the official Scottish organisations, which we very much doubt would be making these type of calls.

The number used for the call is:

01244470152

Which is a Chester number, when we did a check on this number it did show some rather interesting results, on Who Called Me,

https://who-called.co.uk/Number/01244470152

there were many entries about this number, including the name Scottish Heritage. It also belongs to a website called

http://loyaltyweeks.com/

In their About section they go on to say:

“As a guest of Loyalty Breaks, you would receive heavily discounted accommodation in a selection of leading hotels and resorts around the world that would otherwise cost a considerable amount of money.  All that is required from the guest is that during their stay, they take a morning or afternoon of their time to learn about the benefits of the resort in a relaxed environment, and donate valuable feedback to improve customer care and satisfaction.

The developers will heavily subsidies the accommodation for up to 7 nights, with the intention on enlightening their visitors on the benefits and perks of their exclusive residences in some of the most sought after destinations around the world.”

Which does confirm what we expected, discounted breaks with a presentation. Unfortunately we can find no company registration for either Loyalty Weeks or Loyalty Breaks, and the website does not give a name of who is behind it, although it was only registered on 29 July 2017, so it is only around 8 months old.

The question now is who is behind it and how did they get the information, especially as they knew they were Diamond owners. Could it be that some unscrupulous sales staff who knew that they were going to be laid off, got hold of the members data either selling it on or starting their own little enterprise?

It has also been a busy week with sentences from the Supreme Court in Madrid being issued against Silverpoint, Palm Oasis and Puerto Calma, a good week for the lawyers and their clients.

Now on with this weeks Letter.

A Veteran’s Family Bought Diamond Points

Dismissed by Diamond Hospitality Consumer Advocates because,

“You signed a contract”  

An Interview with Joshua and Nichole Parker

vets

By Irene Parker

March 16, 2018

Joshua “Josh” and Nichole Parker attended a timeshare sales presentation that lasted from 8AM in the morning until 8PM at night at Diamond Resorts Mystic Dunes resort in Orlando on November 8, 2017 after attending a Diamond’s Event of a Lifetime. “Why didn’t you just leave?” the critics ask. Joshua explains why on his YouTube. They purchased 4,000 Diamond timeshare points. Joshua and Nichole say they were told their points would go up in value. Now, expecting twins, they do not have enough points for a family of five to vacation and have learned, not only did their timeshare points not increase in value – there is virtually no secondary market for Diamond timeshare points. Josh’s YouTube

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

Josh suffers from post-traumatic stress disorder. Josh is the second 90% disabled, PTSD diagnosed, Iraqi veteran Inside Timeshare has assisted this year. The other veteran and his wife had been subjected to a five hour predatory and fraudulent timeshare hard sell. They recorded an hour of their ordeal which has been turned over to law enforcement. After listening to the recording, I can firmly say there was no alleged about it. Their timeshare dispute was quickly resolved after a copy of their YouTube interview was sent to the timeshare company. Others who allege fraud, but did not record their alleged fraudulent timeshare sale, face an uphill battle of repeated denials and dismissals. Timeshare companies often respond, “You signed a contract.”

The FBI disagrees with this reasoning, and has advised timeshare members to file complaints with the FBI at IC3.gov and orally through the FBI field office nearest to where the timeshare contract was signed, if their allegations meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch.” The FBI agent Josh spoke with advised Josh to also file a complaint with the Federal Trade Commission (option other – timeshare sales).

Post-traumatic stress disorder

The tragic events that took place at the Veteran Home in Yountville, California, Friday, March 9, a formerly safe place for Veterans suffering from the effects of PTSD, reminds us that the effects of war or a traumatic event can live long after the event or the battlefield. It’s not an easy topic, but one timeshare companies and timeshare sales agents should be aware of, if they care.

My interview with Josh and Nichole

Irene: Josh, tell us about your military service.

Josh: I joined the army in 2005, partly for the health benefits, and because joining the army was what I always wanted to do. I became a military police officer. In Iraqi I was part of a Police Transition Team. We taught Iraqi police how to be police because they lacked training. I was part of Operation Iron Maiden in 2006 when an attempt was made to catch Ayman-al-Zawahiri. We knew there were weapon caches and hostiles. We performed an outer cordon searching for hostiles. We were out there three days. I hurt my lower back from a fall while on this mission. The weight I was carrying made the injury worse. It is considered a combat injury because it was in reaction to incoming rounds.

Irene: You suffer from PTSD. Explain how that has affected your life.

Josh: The experience of combat changes the way you think from that time forward. During those three days, at one point I came to the realization that I was going to die. That moment changed me for the rest of my life. I have a high priority for security. Most people get up in the morning and think about what they are going to do that day, food, work, entertainment and security. For me it is food and security. The first thing I ask myself when I wake up in the morning is if what I am going to do today is safe.        

Irene: I too suffer from PTSD, so interested in the subject from a personal perspective. I followed the role model of John Walsh of America’s Most Wanted channeling my anger and grief into advocacy. Mr. Walsh lost his six year old son Adam, a victim of a homicide. I revisited the topic again and found this symptom:

You may be jittery, or always alert and on the lookout for danger. You might suddenly become angry or irritable. This is known as hyperarousal.

https://www.ptsd.va.gov/public/PTSD-overview/basics/symptoms_of_ptsd.asp

It’s hard enough for anyone to endure an eight hour hard sell timeshare presentation, but PTSD, combined with a high risk pregnancy carrying twins, obviously made your experience even worse.

Josh: Nichole has had several miscarriages, and has gone through eight years of fertility treatments. So expecting twins, we are in a constant state of worry. In addition, they forced us to leave our crying 4 year old in the kids club because they could not proceed with the sales presentation with her there. Our daughter was born with a genetic disorder called Klippel-Feil syndrome, a bone disorder that also affects her heart and kidneys. She also has many food allergies. It was unfair to leave a child in the play area for hours, told by our sales person Tiffany that she would only be there two hours.

Nichole: They don’t really feed the children. They only offer snacks and our daughter Vanessa could not have some of what they offered. Had I not have almost passed out from low blood sugar due to my pregnancy, they would of expected us to leave our child there thru lunchtime.

Josh: We didn’t leave because they would not return our credit card and driver’s license, even to leave for lunch, telling us to just drive to the restaurant on property. The reality is, you ask and they say yes, I’m going to get it from so and so. Then 10 minutes later someone else arrives and they start over saying, “I let him know and he’s going to bring them.”  There is a constant push off to delay getting the IDs and credit card. It’s relentless.

It was like being tortured, being held hostage, and they did the same to our child. When the sales people were talking, they refused to let us check on our kids saying, “If there was a problem someone would come get you.  Meanwhile, you hear kids screaming.”

Irene: As mentioned earlier, those with PTSD are jittery and on the lookout for danger. You are prone to be angry or irritable.

Josh: Yes, and around 5 PM I went out to the car to get something. I have handicap parking, but the handicap parking had been blocked off with cones. I rolled my ankle stepping between the cone and the cement block.

Nichole: This was why we did not get the papers signed until 8 PM. We reported the incident at the front desk. They called security to file an incident report. While waiting for security, Robert, the sales manager and Omar, the sales center manager, continued to pressure us to buy points even though Josh was in visible pain, with ice on his ankle.

Josh: We kept saying we could not afford the points, even though I was visually in pain. My ankle was starting to swell right before we signed the documents. We were not even on the sales floor. They kept saying, sign this and this, including the Barclaycard that we did not want in the first place.

Irene: So, after all this, why did you buy?

Nichole: The same children’s hospital I know that my four year daughter old goes to, to see maternal fetal medicine they said we could stay by. So they really got us when they were saying we would be able to be closer to the hospital. But the fact remains, at the time of purchase, even if this is an option, we can’t afford this timeshare and were told it was an investment and could be easily sold.

Irene: When are the Parker twins due?

Nichole: July 18 is 40 weeks but twins are full term at 37 so June.

Irene: I love babies! We would love to visit after they arrive.

Irene: Back to timeshare – Some have asked why you did not just call 911 when they refused to return your driver’s licenses and credit cards.

Josh: The biggest thing was to get it over with. We knew we could not afford it but they kept saying it was an investment and it was good for our children, and they said if we purchase it now we would be assured our children could always take vacations. As an investment, we thought we would not lose money on it. I didn’t count, but I am sure I said 100 times, “I can’t afford this.”

The next up-sell attempt at Polo Towers:

Josh: Next, we were told we had to attend a new member orientation. We had told our sales agent Robert we did not want to attend any more presentations. Robert said we would not have to. When we went to Diamond Polo Towers November 2017 we were told we had to attend a new member orientation to learn how to use the tablet and how to navigate the Diamond website. My wife lost her mind. They called Robert and their demand to attend was dropped.

Irene: When did you realize the hopelessness of your situation?

Josh: We started to question the legitimacy of what we had experienced December 2017.  We know 4,000 points are not enough points to travel with a family of five. We will be struggling with the double expense of two newborns instead of one. The answer for us is not to buy more timeshare points, only to get deeper in debt.  We would have never bought Diamond points if we thought we were obligated to pay maintenance fees for the rest of our lives for a timeshare that could not be sold.   

Nichole: We are stressed beyond endurance over what Diamond Resorts has done to our family.

Josh: We have filed a complaint with the Consumer Financial Protection Bureau. There has been no response. We have filed a complaint with Florida Attorney General Pam Bondi. We did receive an email today with further instructions.

We filed a Better Business Bureau complaint. There has been no response. We will file a complaint with the Nevada Attorney General. We intended to file a complaint against our sales agent Tiffany with the Florida Real Estate Division, but when I called Diamond, they would not tell me her last name. We do have the names of Robert Gonzales, Director of Sales and Mario Hernandez, the highest person there.

I have joined a group of 34 members of active duty and retired military/law enforcement claiming they were defrauded by timeshare sales agents, seemingly targeting the military. We have reached out to Whistleblowers of America, an organization that seeks justice for military and government workers, active duty and retired.  

We contacted Irene Parker at Inside Timeshare because we were going to sign up with Primo Management Group and had a conference call scheduled for February 15. Below are the documents PMG provided, including a Diamond release from Eric and Angela Wood, as a testimonial and an illustration of our Diamond liability projected out 40 years.  Irene told us to cancel the conference call and not sign up with PMG. She advised us to contact Diamond Resorts Consumer Advocacy. She said she felt confident DRI Advocates would be able to help us. She explained the Diamond program CLARITY about transparency, accountability and respect for the customer.

The history of our vacation nightmare:

Sampler purchased 20,000 points for $4000 Parkway International Celebration Area 7/2017

4000 annual points were purchased at Mystic Dune November 8, 2017 Event of a Lifetime. We were told our Sampler points and money paid would be credited towards the purchase of annual points but it wasn’t.

Purchase price $15,133

Amount financed $12,636

Sales agent Tiffany

Robert Gonzales, Director of Sales

Mario Hernandez was the highest person there

Javier was QA

We were told the new thing is that all your points are worth money.  It doesn’t matter if you can’t afford it because the points are worth money. We were told points can be converted to dollars to pay maintenance fees because fees will go up 10% every year and the inflation on the fees won’t match our fixed income.

The Timeshare Exit Company we contacted to get us out of this nightmare:

PMG (Primo Management Group, Inc.) quoted us $3,000 to $6,000 to get us out of our Diamond timeshare.

Thank you for considering PMG, the country’s most respected timeshare relief agency, for assistance in completely cancelling your timeshare obligation.

We have a 100% success rate.  Your deed cancellation is backed by our 100% guarantee and we guarantee to protect your credit throughout the entire process.

Our program includes:

  • Timeshare Contract Cancellation
  • Immediate Cancellation of Payments
  • Cancellation of Maintenance Fees
  • Mortgage Balance Cancellation
  • Protection from Harassment
  • Credit Protection/Correction

 Subject: *PMG Consultation Email

Your Financial Obligation to Diamond

ILLUSTRATION WAS PROVIDED SHOWING A 40 YEAR PROJECTION OF $95,710 BEGINNING WITH OUR $243 MORTGAGE PAYMENT

Please feel free to ask your Consumer Advocate any and all questions you may have.  Best wishes and again, thank you.

Grand Lodge_Michael & Barbara Wagner.pdf

Holiday Inn-Orange Lk_Vanessa Pena

Summer Bay_Shovan Anwar & Aniva Zaman.pdf

Wyndham_Tiwuanda Howard.pdf

Diamond_Eric & Angela Wood.pdf

Best Regards,

Ken Crawford

Sr. Consumer Advocate

Irene: What a mess! Will timeshare companies that do not allow a secondary market ever realize they are causing the problem? Never pay anyone or any company money upfront to get you out of your timeshare. If you are contacted by such a company contact one of the groups listed here.  

These are US self-help, member supported groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

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

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

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

thanks vets

Thank you Joshua and Nichole for sharing your story, also thanks to Irene all the volunteers for all the hard work they are doing to help those such as the veterans and the elderly.

If you have any questions, comments or need advice on any article published, contact Inside Timeshare from our contact page, please state if you are US or European based.

That’s it for this week, it’s Friday and the weekend is calling, have a good one and join us again on Monday.
friday dog

The Tuesday Slot with Irene: Lawsuit Filed Against Diamond Resorts

Welcome to the Tuesday Slot with Irene Parker, as this is breaking news and an important story,  we go straight into her article and will catch up with Europe in Wednesdays publication.

Class Action Lawsuit Filed Against Diamond Resorts

This action alleges Defendant’s sold unregistered securities in violation of the Securities Act of 1933 that requires that any securities sold in the United States be registered with the United States Securities and Exchange Commission

Factual Allegations of False Representations

(i) DRI points appreciate in value

(ii) DRI points can be readily sold

(iii) DRI points are a hedge against inflation

(iv) DRI points constitute an appreciating asset that DRI members can pass along to heirs.

By Irene Parker

February 13, 2018

A class action lawsuit has been filed against Diamond Resorts. It’s not easy to make your way through a 43 page complaint, so after I digested it, I cut and pasted the complaint so I can understand it.

Inside Timeshare has received 292 Diamond Resorts complaints, 48 since the first of the year. Diamond has implemented a Diamond Resorts Consumer Advocacy Department to address member concerns, and has implemented a CLARITY™ program designed to promote “transparency, accountability, and respect for the customer.” Attorney General Mark Brnovich issued Diamond an Assurance of Discontinuance in 2017 after his office received hundreds of complaints from Diamond members accusing the company of violating the Arizona Consumer Fraud Act. The company did not admit wrongdoing.

To follow the progress of the case, Diamond members or industry observers are encouraged to join our member sponsored Diamond Resorts Owners Advocacy Facebook established February 17, 2017.

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

Case 2:18-cv-00247 filed February 9, 2018 in United States District Court, District of Nevada

Wolf Haldenstein Adler Freeman & Herz LLP

Albright, Stoddard Warnick & Albright

Plaintiffs:  Joseph M Dropp, Mary E Dropp, Robert Levine, Susan Levine, and Kaarina Pakka, Individually and on Behalf of All others similarly situated

v.

Diamond Resorts International, Inc.;

Diamond Resorts Holdings, LLC;

Diamond Resorts Corporation;

Diamond Resorts International Club, Inc., a/k/a “THE Club” Operating Company

Diamond Resorts U.S. Collection Development, LLC;

Diamond Resorts U.S. Collection Members Association

Diamond Resorts Hawaii Collection Development, LLC

Diamond Resorts Hawaii Collection Members Association

Apollo Management VIII, L.P.,

Apollo Global Management, LLC

Michael Flaskey

Kenneth Siegel

Excerpts from the complaint:

The lawsuit alleges almost none of the Class members are aware that they have purchased an unregistered security under the Security Act of 1933.

  1. The arbitration clause does not apply

The entire Agreement – including the arbitration clause – is void and unenforceable under federal securities law. 10

Class Action Allegations

Common questions of law and fact include, without limitation, the following:

  1. Whether the points in a U.S. Collection Members Association, the Hawaii Collection and/or THE Club constitute securities under the Securities Act;
  2. Whether DRI violated the registration provision of the Securities Act;
  3. Whether a common practice of DRI employees and/or agents to potential investors was to make representations that “points” are investments that will appreciate in value due to the efforts of DRI as set forth herein; and
  4. The nature of relief that may be granted to Plaintiffs and the Class under the Securities Act.

Similarly situated persons:

All persons who purchased “points in THE Club and membership in a Diamond Resorts U.S. Collection Members Association or in the Diamond Resorts Hawaii Collection Members Association on or after three years prior to date filing of this complaint. Excluded from the Class are Defendants and any of their affiliate’s current and former employees, officers and directors.

  1. A “Pricing History and Location Growth for DRI” shows how the DRI points have increased and will increase in value over time.  A recent version states that between January 26, 2013 and January 1, 2017, DRI points in the U.S. Collection:  “15% Price per point increase in less than three years” with an “average” increase of 25%. Finally, the document states that points purchased “today” at $8.61 per point will be “worth” $10.76 per point in one year, and $13.45 in two years.

 

9. The Securities Act, passed in response to the stock market crash of 1929, was caused in part by issuers selling stock or other investments based on false representations, without disclosure of material information, and/or without and continuing reporting obligations.

10. Defendants are selling purchasers investment contracts, and hence securities, even if they are not explicitly described as such and even though the written contracts contradict in part the promises of the sales pitch.

Lead Plaintiffs

The Dropp Plaintiffs, New York residents, were initially owners of an unrelated timeshare purchased in Virginia Beach, Virginia and Kill Devil, North Carolina, through Gold Key Resort, subsequently acquired by Diamond Resorts on or about August 4, 2016. At an “update meeting” the Dropps were told that failure to purchase DRI points would render the Dropp’s existing timeshare membership useless or worthless.  The Dropp’s purchased points:  

8,500 U.S. Collection points purchased for $25,710 in Virginia August 6, 2016

A few hours after this purchase, they received a phone call from DRI insisting they were required to schedule an “orientation” with DRI that would take place in Las Vegas.

50,000 additional U.S. Collection points purchased for $140,000 in Las Vegas November 9, 2016

According to the complaint, a DRI salesperson took Plaintiffs to a private office, and made, inter alia (among other things), the following representations if they purchased DRI points:

  • He described DRI points as an investment.
  • He stated the Dropps would own an interest in real property.
  • He said that these additional points in DRI, plus the 8,500 points already owned, would be worth approximately $700,000 of “equity.”
  • He said that the value of the points would increase over time due to the improvements and updates that DRI continuously made to their properties.
  • He indicated that the points (and the “properties”) should be added to the the Dropp’s wills and could be bequeathed to their children and grandchildren.
  • He stated that the points could be sold for a profit in the future.
  • He informed the Dropps that they could use their DRI credit card for purchases and earn (wholly separate) points, which could be applied to their maintenance fees. Contrary to the DRI salesperson’s representations, in no way do purchases made on the DRI credit card offset or absolve the Dropp’s obligation to pay their annual maintenance fees.  

The Levine Plaintiffs, California residents

The Levines had acquired 35,000 US Collection points by 2016.

Purchased 35,000 Hawaii Collection points for $84,650 in Kona, Hawaii October 25, 2016

A DRI sales agent represented to the Levine Plaintiffs that:

  • They should convert all of Susan Levine’s points in the U.S. Collection to the Hawaii Collection because points in the Hawaii Collection would appreciate faster than points in the U.S. Collection due to the fact that there is limited real estate in Hawaii, causing real estate values to continue to rise.
  • Their points could be passed down to heirs and heirs could sell points at a profit.
  • They would have to purchase more points to convert their U.S. Collection points to Hawaii Collection points.
  • If they purchased points in the Hawaii Collection immediately, they would purchase at a “low price” because the price per point was steadily increasing.

Purchased 25,000 U.S. Collection points for $71,250 in Miami May 11, 2017

A DRI sales agent represented to them:

  • Points in the U.S. Collection are actually more valuable than points in the Hawaii Collection because the U.S. Collection requires the payment of lower maintenance fees.
  • Points purchased in the U.S. Collection are steadily increasing in value and could be sold at a profit in the future.
  • However, in order to convert their points in the Hawaii Collection to points in the U.S. Collection, they would need to purchase additional points in the U.S. Collection.

Purchased 50,000 U.S. Collection points for $144,000 in Las Vegas at Polo Towers July 11, 2017

A DRI sales agent represented to them:

  • DRI was implementing a new “Legacy Program” designed to operate as an estate planning device beginning January 2018. Through the Legacy Program, DRI itself would sell up to 20,000 of the Levine’s points at a price of $8.79 per point, generating a total sale price of $176,000, minus an estimated escrow fee. The profit would be passed along to the Levines, and they would not have to do anything other than contact DRI to commence the selling of points. However, in order to participate in the Legacy Program, the Levines would have to purchase 50,000 additional appoints in the U.S. Collection.
  • If the Levines or their heirs wished to sell all of their points in the future, DRI would “handle” the sale and sell the points at a price of $8.79 per point for a total amount of $1,230,000 minus closing costs.
  • Additionally, if the Levines purchased 50,000 additional points in the U.S. Collections that day, they could covert up to 80,000 of the DRI points to a credit on this Diamond credit card and could use that credit to pay their annual maintenance fees.
  • Again, the Levines were told that prices per point in the U.S. Collection were constantly increasing and they had to purchase points that day in order to reap the benefits of this investment.

When the Levines attempted to sell points, they were informed that no such program existed, and that DRI would not make any attempts to sell points.  In addition, no program existed by which the Levines could convert some of their points to a credit card and sue that credit to pay their maintenance fees.

The Pakka Plaintiff, original Sunterra owners, converted to 30,000 U.S. Collection points.  

Purchased 50,000 Hawaii points for $175,356 in Maui on November 16, 2016

A DRI salesperson represented to Plaintiff Pakka that:

  • DRI points were an “investment” that would increase in value over time. Plaintiff Pakka was provided with a “Pricing History and Location Growth for Diamond Resorts International” document which projects how much value the points will gain over time.
  • The value of her points “can only go up.”
  • She would have “no problem” selling her points.
  1. Diamond is in the business of selling “points”, which are marketed to prospective purchasers as an investment which will appreciate in value and can be easily resold. Diamond sells points to new point purchasers, as well as existing owners, in person, at sales centers in several Diamond resorts throughout the United States.
  2. Prior to the 60 to 90 minutes sales presentation, no contract or other official DRI document describing the terms of the point investment is provided to the prospective purchasers until the time of closing.
  3. Vacation counselors’ sales presentation exceed 90 minutes and often last five to six hours in length or longer. Moreover, DRI tells prospective purchasers that they will forfeit their benefits if they leave the sales presentation before the respective sales people agree that the presentation is over. Prospective purchaser are not permitted to take any contract, information sheets, Purchase and Security Agreements, Credit Sales Contracts, notes, or other written materials with them off premises prior to closing, nor are prospective purchasers given time to consult with their own advisors, attorney, or any other person during the sales presentation.
  4. DRI pitches its points as an investment that will appreciate in value due to continuing improvements made by Diamond in the quality and number of its resort and hotel properties, the general appreciation of real estate in the future and the managerial skill that DRI provides in operating the properties. The unwitting targets are told that by purchasing points “now” the purchasers will receive a discounted purchase price that is only available on the day of the sales presentation; they are investing in their future; their points will increase in value; they can use points to pay annual maintenance fees, they can bequeath the points to their heirs as an inheritance and they can sell their points – at a profit – at any time. Thus, these points are actually investment contracts and therefore securities, under the United States securities laws.
  5. Once the purchasers agrees to purchase points, they are individually shepherded to a sales center “quality control” person, whose job it is to obtain the purchaser’s signature on a lengthy, densely worded sales contract (the PSA) and to instruct the purchaser to initial numerous items on a lengthy information sheet. (Often the initials are generated electronically by the sales people for the purchasers’ “convenience”).  The closing documents contradict parts of what the prospective purchasers are told and/or shown during the sales presentations.
  6. Points can cost hundreds of thousands of dollars, and the purchases are often financed by DRI at credit card interest rates. Maintenance fees have risen at a rate far higher and faster than ordinary inflation despite the economies of scale that DRI has in place to manage its properties.  Existing point purchasers are often induced to purchase additional points in order to reach “preferred” thresholds. DRI tells these point purchaser or members that if they buy more points, the DRI member will no longer be required to pay “maintenance” fees. By way of example, DRI investors are told that by becoming platinum members (50,000 point owners) the investors may redeem their points at the rate of 30 cents each to pay for maintenance fees. Since maintenance fees are currently approximately 18 cents each, the DRI investor is told that he or she can actually profit “off the spread” by purchasing more points. However, when DRI investors try to redeem points, they discover that there is no such program in place.
  7. Sales pitches regarding the investment value of the points are false. DRI points do not increase in value, there is no viable secondary market for them, and DRI severely restricts the resale of points. Moreover, DRI contracts or PSA last in perpetuity.

The amount in controversy exceeds the sum or value of $5,000,000, excluding interest and costs.

Business Model

VOI Vacation Ownership Interest Points

DRI does not refer to itself as a timeshare company

Nevada law protects timeshare owners of traditional timeshare that were fixed weeks, by prohibiting timeshare companies from selling more than 365 use-days in any particular property in any particular year.

  1. Investor-members purchasing points in Nevada are provided a form stating that the DRI salesperson is licensed real estate agent who has a fiduciary duty to disclose all facts material to the transaction, DRI points are in no way tied to the value of any real estate.
  2. The Convoluted Relationship between DRI, the Club, and the U.S. and Hawaii Collections
  3. The investor-member has no direct ownership interest in any real property. The real property is owned by or held by the trust, for the benefit of a Home Owners Association, in which the investor is a member solely by virtue of his or her ownership of points.
  4. DRI controls the votes electing the boards of directors for each Association. The board of every Association has hired DRI to provide management services for the Association – services for which DRI receives substantial fees.

III Points have no Intrinsic Value

IV The Onerous, Ongoing Cost of DRI Points and its Relationship to DRI’s Business Model

  1. DRI collects a property “management fee” of 10-15% per year of the costs of operating any resort in a Diamond Collection.
  2. Between January 1, 2011 and December 31, 2015, DRI financed 74.5% of all its Membership sales. According to the restated financial statements, in the DRI 10k, DRI sold $624,283,000 of vacation interests in 2015.
  3. DRI relies upon a $100 million loan sale facility with Quorum Federal Credit Union.  “In the past, we have sold or securitized a substantial portion of the consumer loans we originated from our consumers.”4
  4. Unlike an interest rate for a home mortgage, affordability measures like debt to income ratios do not apply.
  5. In 2015 DRI sent IRS Form 1098 to investors setting forth the amount of mortgage interest (which is generally deductible) paid in a particular year.

IV The High-Pressure Sales Process

  1. 61 sales centers around the world, with a full in-house sales and marketing team at 49 locations, including Polo Towers.
  2. “Mini Vacation” packages lure prospective investors. If the target fails to attend the sales presentation, or leaves before the presentation has completed, the individual is told that he or she is responsible for paying the cost of the entire package.
  3. Points are being sold to them at a discount, so that they will have “equity” because they own interests that are worth more than the purchase price.

B DRI Salespeople State that there is a market for points, and DRI will help investor-members find buyers for their points.  

  1. DRI salespeople represent that they will help an investor-member sell their points which contradicts THE Club “Legal Documents” which state that “THE Club Operating Company has no obligation to assist a Member with the resale, lease or rental of his or her Qualifying Interest.”
  2. Timeshare Exit companies advise investor-members to simply stop making payments on their maintenance fees and/or loan. DRI then terminates the membership, recaptures the points (as recycled inventory) and then resells to new purchasers. The net result is that the purchasers lose their entire investment.

V Terms of the DRI Purchase and Security Agreements

A. The Member-Investor’s Right to Rescind the Agreement is Illusory

Click on the PDF file below to see the full document:

Complaint (JT Demanded) 2 9 18 A Filed #1

This is certainly a major story and Irene will be keeping us posted on any further news and developments.

 

Friday’s Letter from America

In today’s Letter from America, Scotty Black another service veteran tells his own story of his “Nightmare on Timeshare Street”. These stories are becoming all too common at Inside Timeshare, with readers contacting us on a daily basis. But first we have a look at what is happening in Europe.

As we have reported on many occasions, Anfi deny that they are losing cases and that no one is getting paid out, well we would like to share with you a press release from Canarian Legal Alliance.

One of their clients won their case at the High Court in las Palmas, Anfi appealed to the Supreme Court, the judges in Spain’s Highest Court confirmed the sentence and ordered Anfi to pay back double the amount of the deposit paid during the cooling off period, which is prohibited by law.

This particular client has now received into their own bank account the sum of 37,979€, this leaves us in no doubt that regardless of what Anfi claim, they are losing and clients are being paid.

c2

CLA also issued the following figures on cases for this past week.

  1. In the Courts of First Instance in Gran Canaria and Tenerife there have been 5 rulings in favour of their clients against Anfi and Silverpoint.
  2. In Tenerife, the High Court ruled once again against Silverpoint.
  3. There were also 3 Rulings in favour of their clients at the Supreme Court in Madrid, these were again against Silverpoint.
  4. In total, CLA clients have been awarded a massive 402,552.19€ Not bad for just one week.

Staying with Anfi, several of our readers have enquired about another letter sent by the Anfi CEO, in this he stated that any contract signed between January 1999 and January 2001 had a 2 year window for adaptation. The law referred to is 42/98, this was passed in 1998, it became effective on 5 January 1999, so the question is why would  resorts and developers be given a 2 year period to change?

Surly the period between the law being passed and coming into force is the window to change?

What would be the point of setting a date for the enforcement and then allowing things to continue as before?

These are questions that need to be answered, Inside Timeshare has asked for clarification on this and is waiting for an answer. We will publish in full when it is received.

More readers have informed Inside Timeshare that they have received a letter from the Police regarding the following Mark Rowe companies:

  • Monster Travel (known as Monster Group/Monster Rewards)
  • SellMyTimeshare
  • Complete Internet Solutions
  • Hollywood Marketing

These are being investigated as we reported previously by the South West Police, it looks like a major criminal investigation, if you have had any dealings with any of these companies you can contact the Police at the address below.

South West Police ROCU. DC 4624 Katie Andrews. PO Box 37, Valley Rd, Portishead,Bristol. BS20 8QJ

Now on with our Friday’s Letter from America.

A Letter to Timeshare Developers and ARDA

Law Enforcement, Military and Lawmakers

Our Mission to Stop Timeshare Crime – Front and Back

EW

February 9, 2018

By Scotty Black, M.S. Criminal Justice, former Navy

Promissory Note $65,741.14 @ 14.4309%

How I got here

  • Purchased 5000 timeshare points October 2014 Scottsdale AZ CA Collection
  • Purchase price $13,000
  • October 13, 2016 in Hawaii we bought 15,000 additional points
  • Name of sales agent Brian Holmes
  • Purchase price is $75,710
  • $4500 on a resort issued Barclaycard used for the down payment
  • Monthly payment $1,037.84
  • Maintenance fees $4,006.22

I am one of 22 active duty, retired military, law enforcement agents, feeling victimized by timeshare. For my family, I would describe timeshare as a parasite killing its host. Like Amanda and George Jones, I’m worried about losing my security clearance. Like, Lela Renea, I work in law enforcement. Like Kevin Hopkins, I am military trained in Electronic Warfare. I never imagined we would need that training to fight in a Timeshares War. Kevin is retired Air Force. I served in the Navy. My primary job was Electronic Warfare, but partly due to my attitude, I was sent often to security, so I ended up assigned to the Special Security Force, Battleship Missouri. The fact that this is the second complaint in a matter of weeks from an electronic warfare veteran and that there are 22 of us working, or having served to protect our country, filing timeshare complaints, is telling.

Kevin was featured in this article on January 30 unidentified, but as Kevin has since received his automatic knee-jerk, “Sorry, you signed a contract” denial, Kevin has been identified and has joined the ranks of Inside Timeshare Contributors.

http://insidetimeshare.com/tuesday-slot-irene-8/

Kevin’s sales agent managed to work in every oral misrepresentation possible into one presentation. He’s working on an upcoming article about his experience.  

Timeshare companies have negatively affected national security with their fraudulent sales practices. Active duty Navy Technicians George and Amanda Jones could be forced into foreclosure. They say they were assured by two sales agents in two separate states they could lower their 18% loan interest rate by contacting finance companies offering a lower rate or a military rate. “Just Google it,” their sales agent said. Banks do not finance timeshares. Consumer credit issues can cause a revocation of security clearance. Jeff is in the process of writing to the Commandant of the Marines.

Jeff Diehl, former Marine, purchased a timeshare at Vacation Village

http://insidetimeshare.com/fridays-letter-america-30/

Lela Renea, a detective, who purchased a Bluegreen timeshare

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

Amanda and George Jones, active duty Navy, purchased a Diamond timeshare

http://insidetimeshare.com/tuesday-slot-irene-3/

We have summarized our reports from our 22 unit members and have reached out to Whistleblowers of America, an organization that seeks justice for military and government employees. If you are not drowning in timeshare loan payments, credit card payments and maintenance fees, consider a donation.

https://whistleblowersofamerica.org/

Here’s what happened

In Hawaii, October 2016, we asked our timeshare sales agent Brian Holmes what would happen in the event we could no longer make payments. As we were told in Arizona, we were told again points could be rented and that we would be able to sell the points, likely at a profit, especially since we purchased them at such a low price – a price so low because “a sales staff member forgot to file the declination of purchasing more shares in a previous presentation…!”

meet

We were told Hawaii points are a good investment. This sticks in my mind because my wife had to write a statement to that effect, so the purchase at such a low rate could go through. As for the potential of profit, we were told there is a land-usage moratorium on how many places and percent of the land can be built on in Hawaii so this would also make the points appreciate, even with a speculation of over $10 per point. We were told we would need to sell points through the secondary market but that would be easy.

We have since learned our vacation points have no secondary market and that renting points through a third part website is not allowed. I contacted members of the Licensed Timeshare Resale Broker Association. Not one I spoke with would even accept a listing for our Diamond points feeling the restrictions placed on the use of secondary points renders the points worthless. Since LTRB members, unlike some scam timeshare exit companies, do not accept an upfront fee, it’s a waste of their time to accept a listing.  

In Scottsdale, at an “owners update” early September 2017, long after the issuance of the Arizona Attorney General’s Assurance of Discontinuance, we experienced yet another highly aggressive sales presentation. The length of the presentation was a violation of the AOD. We complained repeatedly that we wanted to leave. We were told it was not a sales presentation and they would not try to sell us points, but after the 55 minute presentation we were paired with a sales agent for at least two hours.  My wife had broken her foot on resort property the prior day and was in pain. She had to keep her boot elevated. They still did everything they could to keep us from leaving. I still was experiencing symptoms from a car wreck that had required a hospitalization. We were both on painkillers.  

Ultimately, I contacted Irene Parker and our Timeshare Advocacy Facebook group.

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

Irene suggested I contact Diamond’s Consumer Advocacy Department, which I feel has nothing to do with consumers. The “hospitality” agents are fine print detectives, in my opinion.

Irene explained about Diamond’s new Quality Assurance program, CLARITY, launched after the AOD was issued. CLARITY is reported to be about accountability, transparency and respect for the customer, but as Irene predicted, our Hospitality agent referred us to the oral representation clause. I ask what purpose CLARITY serves, other than a piece of paper to hand out to provide a false sense of security, making it seem like the company cares about false promises made by sales agents.

Researching timeshare in general, I have come to believe many timeshare sales agents employ tactics that meet the FBI’s definition of white-collar crime, Financial Institution Fraud, defined as “deceit, concealment, violation of trust and bait and switch.” Timeshare buyers who feel they were victimized should file complaints with the following agencies:

  1. The Better Business Bureau
  2. The Attorneys General (The AGs where you signed, where the firm is headquartered, and where you live)
  3. State Real Estate Divisions against the individual agent
  4. The Consumer Financial Protection Bureau
  5. The FBI (if as serious as mine at IC3.gov and orally through a field office public access line #4 prompt, then #3 white-collar crime prompt)
  6. The FTC if you have any energy left

Other agencies that investigate multinational and cross-border financial institutions

We know criminal actions on the part of timeshare sales agents extend beyond any one resort, except for Disney Vacation Club. Somehow they manage to show a profit without resorting to deceit.

mickey mouse

Hopefully, timeshare executives and lobbyists will read this. We know one lawmaker has.

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

If you need help, call us.

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

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

https://tug2.com/Home.aspx

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

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

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

 

Thank you Scotty for sharing your “Nightmare on Timeshare Street”, we find it appalling that veterans are being treated like this, facing foreclosure and ultimately losing the valued and hard earned security clearance after years of loyal service. All we can say is shame on the the sales agents and even more so on the developers for allowing their sales agents to behave in this despicable manor.

News has just come in from Madrid, the Supreme Court has issued another sentence this morning against Silverpoint, this is now 89 rulings made against various timeshare companies by Spain’s Highest Court.

The latest ruling has awarded British clients of CLA a massive £36,000 including £8,000 which is double the deposit paid within the mandatory 14 day cooling off period, plus legal interest. The contract has also been declared null and void, so congratulations the these happy ex-timeshare owners and great well done to the staff and legal team at CLA.

Today we have received another email from yet another victim of Ramirez and Ramirez, it seems he is upto his old tricks again. The last we heard from him was in April 2016, (see link below).

The pitch is the same, the consumer is contacted and told that their claim has gone through, there is a substantial amount, in this case over £31,000 waiting for them at the court. All they had to do was pay £1,498 to Ramirez to get the payment underway, then they were told they had to pay £2,560 Tax  to the Agencia Tributaria (Spanish Tax Office) and the money will be released.

Please be aware this is one experienced conman, there is no money waiting for you at court, there is no tax to pay to release this ficticious money. Unless you have instructed a lawyer to act on your behalf through the courts then there is no claim.

The Resurrected!

That’s it for this week, a very big thank you to all who sent in valuable information which will always help others and to those who have contributed to the articles from our Cousins across “The Great Lake”.

Remember, if you have any questions about any article published or just need advice on whether to do business with any company, contact Inside Timeshare and we will point you in the right direction.

Have a good weekend.

weekend

 

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot with Irene, as you will see from her article this week there is certainly a lot going on across the Great Lake. For our US readers there is some very interesting information, it would seem that Inside Timeshare is certainly making an impact on timeshare consumers in the US.

On the European front, yesterday’s article regarding Anfi members complaints regarding availability, the article had a plethora of hits and likes on the associated Facebook page within the first hour. It also seems as though this topic hit home with our US readers as there were many from across the pond.

Yesterday we also had the first court ruling of the week, the Court of First Instance in Maspalomas found against Puerto Calma, declaring the contract null and void. The client in this case will be returned 16,000€ which is the purchase price, along with 3,600€ as double the deposit paid within the mandatory cooling off period. The court also awarded legal interest.

We will be keeping an eye on any latest rulings that come in and report them here, but now on with this weeks article by Irene Parker.

Timeshare Advocacy Group™

Proposed Committees and Support Groups

Volunt

January 23, 2018

By Irene Parker

Inside Timeshare is approaching 300 timeshare reader responses, responding to members asking for assistance with their timeshare concerns since we began counting late 2016. There is a need to scale up Timeshare Advocacy Group™ as we now have 44 core advocates dedicated to improving the timeshare sales process by working together as teams. We hope timeshare developers will acknowledge there are problems and work with us, to not only stop predatory backend “get you out of your timeshare” scams, but address the problem on the front end of the sale as well. Numerous calls to the FBI have been made, and they have encouraged timeshare members who feel they have been victimized by deceit, concealment, violation of trust and bait and switch, to contact their local FBI Field Office public access line to file orally, in addition to filing online at IC3.gov.

Diamond Resorts has taken the lead by launching a Diamond Resorts Consumer Advocacy department dedicated to helping timeshare members from day one if a member has any concerns about their membership or their purchase. They have also introduced CLARITY, a program designed to enhance accountability, transparency and respect for the customer.

https://www.loyalty360.org/content-gallery/daily-news/diamond-resorts-international-raises-the-bar-on-cu

Inside Timeshare has received complaints directed against four major timeshare companies. If timeshare developers and ARDA would take the time to read the following Better Business Bureau notations of “Government Action” and “Pattern of Complaints”, it is unreasonable to keep the blinders on by claiming there are no problems with the secondary market because sales centers are forever sales centers, and members should not expect value back for their timeshare because it is a “right to use” program. That would be fine were it not for the perpetual contract, often sold by false promises made by sales agents who know there is little chance of enforcement, as there is no federal enforcement, and state Attorneys General are limited in scope.

BBB warnings for Wyndham, Diamond Resorts, Bluegreen, and Vacation Village

Wyndham

Although the government action has been resolved from 2015, we included the warning to illustrate the tenure of the complaints.

Government Action

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

Wisconsin – May 27, 2015 Wyndham Vacation Ownership, Inc. entered into a Consent Judgment with the Wisconsin Department of Agriculture, Trade and Consumer Protection (Case No. 15CX5). The Consent Judgment to settle allegations that Wyndham engaged in the following acts or practices in the State of Wisconsin:

 

  1. Delivering a timeshare disclosure statement that fails to include all statements required by Wisconsin Statute Sec. in a format that can be immediately read and retained by the purchaser.
  2. Representing that incentives are only available to the prospective purchaser for the remainder of the day in which the incentive was offered.
  3. Misrepresenting the resale value of a timeshare.
  4. Representing a timeshare as a financial investment.
  5. Making representations which are inconsistent with the purchase contract.
  6. Misrepresenting the reasonable estimated length of a sales presentation.
  7. Failing to clearly disclose that time shares were being offered at the initial contact with a prospective purchaser.
  8. Sending mail or coupon promotions to Wisconsin consumers that fail to comply with the prize notice requirements.
  9. Failing to inform the individual of the prize that has been awarded him or her, and then giving the individual the prize or another selected item, before beginning a sales presentation.

Wyndham consented to the Stipulation and Consent Judgment to facilitate a settlement and avoid the additional expense, delay and uncertainty of litigation. Wyndham does not admit that it has violated any laws of the state of Wisconsin.

Pattern of Complaints

BBB files indicate that this business has a pattern of complaints concerning misrepresentation in selling practices. Consumer complaints report that the verbal representations are inconsistent with the written agreement. According to complaints, claims include representations that the purchase is an “investment” and the same as “real estate” in that it will increase in value. Owners report mandatory meetings that they are led to believe are to introduce new features and benefits but result in a sales presentation to purchase or upgrade their points. In some instances owners are encouraged to complete a survey or questionnaire which results in another sales presentation to purchase additional points.

This Business Is Not BBB Accredited

Trish Williams, a former Wyndham sales agent was awarded $20 million by a jury alleging predatory practices.

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

Bluegreen has this posted on their Better Business Bureau Report

Our file contains a pattern of complaints from consumers alleging difficulties canceling vacation packages booked through Bluegreen Corporation. Consumers claim, although Bluegreen Corporation has a cancel within 30 days policy, their requests for refunds for canceled trips are denied. Other consumers feel they are victims of deceptive sales practices. Consumers claim resorts are never available when they contact Bluegreen Corporation. While yet other consumers claim the “free” vacation Bluegreen Corporation offers is not free and involve fees they were not made aware of.

Diamond Resorts:

On December 23, 2016, the Arizona Attorney General announced that the State of Arizona entered into a settlement agreement with Diamond Resorts. The Assurance of Discontinuance requires the company to pay the State of Arizona a total of $800,000, of which $650,000 is for consumer restitution and $150,000 for attorneys’ fees and costs. The assurance also includes a Relinquishment Remedy Program, which requires the company to allow qualifying consumers to return their timeshares with no further obligations.

Many of the hundreds of complaints received by the State of Arizona claim the company used deceptive sales practices and made numerous oral misrepresentations during their presentations. Some of the misrepresentations regard:

  • Annual increases in maintenance fees;
  • Membership resale and buy-back programs;
  • Timeshare membership resale market;
  • Ability to rent timeshare vacations; and
  • Discounts on other travel needs.

The Attorney General’s Office alleged that the company employees’ actions and statements violated the Arizona Consumer Fraud Act.

Vacation Village has a Better Business Bureau rating of F

BBB files contain a pattern of complaints from consumers regarding sales practices issues. Specifically, several complainants have alleged that information provided during sales presentations does not match the terms and conditions in the written contracts that they are asked to enter if they agree to make a purchase following a timeshare presentation.

On March 23, 2017 BBB sent correspondence to Village Resorts requesting their voluntary cooperation in providing steps it will implement to eliminate the pattern of customer complaints.

As of May 12, 2017 BBB has not received a response from Village Resorts BBB will continue to monitor the complaints for Village Resorts and update the review as needed

So where do we go from here?

TIMESHARE TIPPING POINT proposed plan

January 21, 2018

#timesharemetoo

Time to Take Back our Vacations

Vacation

We are grateful to our Inside Timeshare readers and timeshare members who have reported their allegations of predatory and criminal timeshare sales and marketing. Due to the volume of timeshare complaints received, there is a need for Timeshare Advocacy Groups™ to restructure, as we are experiencing normal and expected growing pains.  

Three important goals proposed by Timeshare Advocacy Group™ advocates:

  1. Reach out to sympathetic lawmakers, Attorneys General and regulators,
  2. Change timeshare developer practices to allow those alleging they were defrauded to be made whole again, by not hiding behind the fine print, but to listen and learn. The enemy is not your customer. The enemy is your predatory sales agent.
  3. Reach out to military Facebook pages and websites to warn members of the military and law enforcement, due to the alarming number of complaints from law enforcement officers and all branches of the armed forces, alleging they were white-collar crime victims.  One Marine lost his air unit command and three are worried about losing their security clearance.

Anthony and Ashley Davis recorded their predatory sales presentation, which has been provided to law enforcement and regulatory authorities. This is our January 13, 2018 interview with Anthony and Ashley.

https://www.youtube.com/watch?v=phUjnrIG3bI    

Timeshare Advocacy Group needs sub committees or teams that work independently, coordinating with a central committee. Listed below are nine proposed teams and team leaders, based on their expertise and past willingness to serve.

Please let us know if you are willing to be become involved. Those alleging they have been victimized include doctors, lawyers, professors, law enforcement, the military, even a member who worked as a contract specialist for Consolidated Edison, and many others.    

Proposed Teams

44 Core Advocates

Our Core Advocates are members or former members of Wyndham, Hyatt, Bluegreen, Diamond, Vacation Village  

Reporting: Irene (4 members)

Media/Social Media: Gay Hart-Brewer (22)

State Real Estate Divisions: (anonymous) (5)

Legislative Efforts: Anonymous (8)

Secret Shopper: (anonymous) (5)

Military outreach and awareness: Jeff Diehl (20)

Timeshare Exit Scams: Karen Krokosh (7)

Foreclosure Support Group: Anonymous (3)

California Team: Ken Sylvia (7)

Member supported U. S. Timeshare Advocacy Facebooks

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

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

https://tug2.com/Home.aspx

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

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

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

Advocacy team

Contact Inside Timeshare or a member of a member supported, not industry influenced, Facebook or website.

Thank you Irene and all those who helped in this article, especially the legals who ensure that they are legally accurate.

If you require any further information on this or any article published, Inside Timeshare will be pleased to help.

 

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

Friday’s Letter from America

Another week over and another Friday’s Letter from America with Irene Parker, but first a very quick look at two cases announced this week.

Silverpoint have once again been on the receiving end of another Supreme Court verdict. They have declared the client’s contract null and void, ordering the return of over £43,000 plus legal fees and legal interest.

In this verdict the court stated that the contract lacked specific information required by law, such as a specific apartment number, date and location. It is quite clear that the Supreme Court has on more than one occasion clarified the law.

In another case heard at the Court of First Instance in Palma de Mallorca, Altres Vacances have been ordered to repay the client over 58,000€  plus legal fees and interest, with the contract being declared null and void.

This court has followed the Supreme Court rulings on the length of the contract, the law is very clear on this point, the contract must be no longer than 50 years. They must also contain specific information as required by law.

abogados-ag-250

Once again, we have to warn about the “fake” law firms operating out of Tenerife, part of the Litigious Abogados family, another reader has been in contact with the new firm Abogados AG, with Armando González Areca named as the main “lawyer”.

They state that following a “groundbreaking ruling on “Tuesday 19 March 2015” (very precise date), against Diamond Resorts International SL, one of the the directors, once again Andrew Cooper, has pleaded guilty to the indictment of the Spanish Civil Code. They also state that the High Court of Santa Cruz de Tenerife have declared 28 of their clients contracts null and void, seizing all the personal assets of Mr Cooper in Spain and the Canary islands.

Now according to this “law firm” they will be lodging the case against Diamond Resorts International Sl and Mr Andrew Cooper on the 7th November 2017, this will heard on Tuesday 21st November, very quick indeed, they must be very well in with the judges!

In the case of our reader, they no longer own any timeshare with Diamond, they got rid of that years ago, so there is no basis for any claim. Beware the claims that you have a case, if you no longer own you don’t, even if you do own you may not have a valid claim. Before engaging with any company that states you do have a claim, check and check again.

See the full letter below, pdf.

Abogados AG

So now on with this week’s letter.

Another Bluegreen Member Alleges a “Bait and Switch”

Sometimes Called “Pitching Heat”

cross fingers

By Irene Parker

November 3  

Back in July, Inside Timeshare published an article by Lela Renea, a detective who alleged she was deceived by a Bluegreen timeshare sales agent. Camyell Pratt, another Bluegreen purchaser, alleges she and her husband were also deceived.

The FBI definition of White Collar Crime, Financial Institution Fraud, is “deceit, concealment, violation of trust and bait and switch.” Inside Timeshare has received 179 complaints from readers, of which 164 allege they were victims of a timeshare bait and switch. https://www.fbi.gov/investigate/white-collar-crime

Lela Renea is a detective. Camyell understands bad debt. She assists in collecting back taxes for a Virginia County government office and understands the repercussions when someone does not pay what they owe. But what if the contract agreed to was purchased under conditions of fraud?

In timeshare, that doesn’t matter thanks to the clause that appears in every timeshare contract – “I did not rely on any oral representation to make my purchase.” In other words, any complaint that begins with “The salesman says” can be conveniently dismissed.

Bluegreen is certainly not the only timeshare company Inside Timeshare has reported on concerning questionable sales tactics by some agents:

A jury awarded Trish Williams, a former Wyndham sales agent, $20 million. Ms. Williams described TAFT days – tell them any blank thing on slow sales days.

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

Attorney General Mark Brnovich issued an Assurance of Discontinuance against Diamond Resorts accusing the company of violating Arizona’s Consumer Fraud Act.

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

New York Attorney General Eric Schneiderman issued an Assurance of Discontinuance against The Manhattan Club. Of note, The Manhattan Club admitted wrongdoing, unusual in corporate America.

NEW YORK – Attorney General Eric T. Schneiderman today announced a $6.5 million settlement with the owners and operators of the Manhattan Club, a timeshare in Midtown Manhattan, over the sponsor’s repeated false promises to potential and current share owners.

The settlement is the largest in recent history for the Attorney General’s Real Estate Finance Bureau. Under the terms of the settlement, the operators of the Manhattan Club, acknowledge that they repeatedly misled shareowners about the club’s reservation process, their ability to sell back their shares, and the details of the club’s state-approved offering plan.

https://ag.ny.gov/press-release/ag-schneiderman-announces-65-million-settlement-midtown-manhattan-timeshare-scammed

Colorado, Wisconsin, Tennessee, and Missouri Attorneys General took action against other timeshare companies.

As we’ve said before, the abnormal becomes normal, whether it be predatory timeshare sales or sex abuse in the Catholic Church or Hollywood. Victims are messengers to be beheaded or silenced and isolated through non-disclosure clauses. To my knowledge, except for The Manhattan Club, timeshare developers have not even acknowledged deceit on the front of the timeshare sale, despite thousands of internet complaints and lawsuits too numerous to mention.

Current and former timeshare sales agents and managers are also speaking out. As one manager explained:

I watched every day, agents selling for double and close to triple what it was supposed to be sold for but management laughed and congratulated them.  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 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!   It 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!

Some companies are trying to do the right thing. Bluegreen has been listening and taking appropriate action in some cases. Diamond Resorts has opened a Diamond Consumer Advocacy Department that pledges to help members from day one and has launched a program called CLARITY which promotes accountability, transparency and respect for the customer.

Instead of beheading the customer’s, legitimate attorneys, volunteer advocates and journalists, why won’t the timeshare developer not identify and drain the swamp of predatory sales agents? After receiving 179 complaints from our readers, at times we can guess the agent by the con.         

cartoon fraud

Camyel and Jayson Pratt

Camyell and her husband Jayson endured an eight hour Bluegreen timeshare sales presentation at Harbor Light in South Carolina. They were promised:

4000 points plus 6000 points plus two RCI weeks

Availability to a variety of resorts

What was delivered?

For 4000 points, according to one of our Advocates, also a Bluegreen member, the member can book a studio in winter on the wrong side of the weather report.

After filing a complaint with the Better Business Bureau, Bluegreen did offer to credit Camyell the additional 6000 points promised. Camyell declined, deciding she did not want to have anything to do with a company that would resort to such tactics. Nevertheless, Bluegreen credited the family 6000 points anyway.

Camyell said they were given no paperwork after they signed the contract, told the contract needed to be processed. They were given a booklet about Bluegreen and the timeshare exchange company RCI.

Let’s see how Camyell’s complaint compares to Lela Renea:

  • Lela was told if she purchased more points her maintenance fees would stay the same. The maintenance fees have increased from $560 a year in 2015 to about $700 a year for 2017.
  • Lela was told she would receive a free cruise, but after all the fees and charges it cost as much as if she had booked it herself.
  • Lela was told the Barclaycard had a low interest rate of 5% when in actuality it was 25%.
  • Lela was not told she was entitled to 4000 bonus points. The points expired before she was aware of them.
  • Lela was promised availability she says does not exist.
  • Lela was showed a Presidential Suite that was said to be comparable to all Bluegreen accommodations.
  • Lela was not aware she had purchased so few points it was almost impossible to find adequate availability.

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

Timeshare members have had enough. Timeshare has been employing tactics former timeshare sales agents call “Pitching Heat” or “No Heat No Eat” for too long.

Like so many of our readers have complained, Camyell was not allowed onto the booking site until after the contract rescission period. When she did finally gain access, she was informed she was not within the booking window and did not have enough points to book the stay she desired and says she had been promised.

Here is our advice for those not knowing where to turn:   

  • Prepare a written complaint and request for resolution. Submit to the resort.
  • If the resort denies the request, file first with the Attorneys General of the state where you signed a contract, where you live, and where the timeshare is domiciled. Some Attorneys General are influenced by lobby dollars, so don’t be discouraged if your complaint is denied. There is still merit filing “for the record” because the Attorney General’s lack of concern can be quantified and reported. Some states refer you to a different department.
  • File a complaint with the state real estate division against the agent (ID #) if you feel the sales agent is at fault.
  • File a complaint with the Federal Trade Commission because every state has incorporated some part of the FTC Consumer Fraud Act into their respective state consumer protection act.
  • Report your grievance to ARDA http://www.arda.org/ethics/ – this organization is the American Resort Development Association – Resort Owners Coalition. ARDA ROC does not resolve individual member disputes, but they do have a code of ethics that should be enforced. When the needs of the member and the developer diverge, lobby dollars go to the side of the developer, so think twice about the “voluntary” opt in or opt out donation to an organization that may not always be targeting your best interest.    
  • The FBI definition of White Collar Crime – Financial Institution Fraud – is “deceit, concealment, violation of trust and bait and switch”. File a complaint with IC3.gov if this is the case. IC stands for Internet Crime, but your complaint does not have to involve the internet. That’s just the FBI portal for complaints. https://www.fbi.gov/investigate/white-collar-crime
  • File a complaint with the Consumer Financial Protection Bureau, although this agency has been vastly diminished due to the rollback of the Dodd Frank Act. According to a banker I spoke with recently, they are still the regulators. File with this agency only if a credit card played a part or there is a loan outstanding.
  • Reach out to local and national media. This is by far the most important and effective tool. Typically, timeshare buyers don’t buy a timeshare in their state of residence, so state lawmakers have expressed little interest and can also be influenced by lobby dollars. http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.html
  • Become an Advocate for change by assisting other members with the process outlined above. Encourage others to act.
  • File a complaint with the Better Business Bureau. The ⦁ BBB does not resolve complaints. They merely report how efficiently a company responds to complaints so ratings can be misleading.

None of the above agencies will act on behalf of a specific individual, but a volume of complaints can prompt an investigation.  

chat

If you or anyone you know has a timeshare story to share, or needs help with a timeshare issue, contact Inside Timeshare or one of the following self-help Facebooks:

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

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

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

 

There we have it, Friday is here, the weekend is about to begin, have fun and don’t forget, do your homework before you deal with any company. If you are in any doubt, contact Inside Timeshare and we will point you in the right direction.

friday cat

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

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, this week we publish Part II of Karen Garello’s Secret Shopper report, but as usual we look at what is happening in Europe.

During our daily searches of various timeshare websites and forums this particular article made us chuckle. It was published on the Travel & Leisure Group (timeshare resale) website under information and Timeshare Blog, it is an interview with Gavin Brown and his recent stay at Anfi, he is manager of the said company, obviously written by one of the employees who conducted the interview.

The piece starts out with Anfi Beach Club is known throughout the timeshare industry as a real gem”. It then goes on to describe the location, “Ideally located on a heart-shaped island in Gran Canaria”. Well straight away that brought everyone down laughing, the heart shaped island is a man made island which is situated between the beach and the marina. It does not have the room for the huge resort called Anfi! It does however have sunbeds, a cocktail bar and a restaurant. You can also hire the island for weddings, if you can afford the 12,000€ for the basic package.

heart shaped island Anfi
The heart shaped island at Anfi

It turns out that Mr Brown, who has been in the timeshare industry for years, has never owned a timeshare, (I wonder why?). Mr Brown stated that he always booked with online travel agents and package holidays, but due to sometimes being disappointed with room location and the standards of the hotels, he felt that timeshare resorts offered better standards.

Well, we can agree with that, so why did he choose Anfi? As he put it he has a great knowledge of Anfi, having sold so many resale weeks, so when “A fantastic week and apartment became available at a great price, and I couldn’t pass it up”. Although we couldn’t help wondering if he would have bought at the ridiculous prices direct from Anfi?

He then goes on with a wonderful sales pitch on how great the place is, the wonderful facilities and the great restaurants, with reasonable prices compared to other 5* resorts. Well sorry Mr Brown, but you can get even better food at even better prices by leaving the resort and heading to some of the local restaurants.

The article then ends with “If this has made you consider Anfi Beach Club, or any of the other Anfi resorts, why not call Gavin himself or one of his colleagues to discuss further”?

Could it be they have that many weeks on their books they need to do a sales drive to get rid of them?

The other point to remember is that when you buy resale you don’t get all the benefits as you would buying direct from Anfi. See the link to the previous article on Resale Vs Direct.

http://insidetimeshare.com/?s=anfi+resale

It has also been announced that ABC Lawyers Ltd, another Mark Rowe company has bought Lansdown Financial Ltd, a claims company registered with the Ministry of Justice. This is another acquisition following that of Tucola Ltd and Justice4 Ltd, Mr Rowe is certainly expanding, the question is why?

After all, his past is not what you could call squeaky clean, there has been a lot in the press and on TV about some of his past enterprises, Monster Credits springs to mind. By purchasing a company already regulated by the MoJ it does save him the problem of applying to the MoJ for authorisation, then having to pass the competence and suitability assessment, which is not a simple task.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/481751/CMR_Applications_for_Authorisation_Guidance_WEB.pdf

Going back to Anfi, although the courts are closed during the month of August, some staff are still working and issuing sentence papers from cases heard previously, this particular case was heard on 6 July. The Court of First Instance in Maspalomas awarded the former Anfi member 42,625€, again the infringement of the timeshare law was the length of the contract, being over 50 years in duration. So Anfi, do you continue to deny that you are losing in the courts?

So on with this week’s Letter from America.

Link to Karen’s first report.

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

Timeshare Advocacy Group™

Secret Shopper Questions and a Secret Shopper Report

two meeting

By Karen Garello, Secret Shopper Coordinator

August 18, 2017

Inside Timeshare encourages its readers to submit positive articles about timeshare experiences, so I was relieved to have attended a positive sales presentation at The Suites at Fall Creek in Branson, Missouri. Unfortunately, the presentation was followed by a less than positive customer service experience.

My Diamond saga began when I purchased a trial Sampler program I had not realized I had purchased until I returned home and saw a $3,995 charge to a Barclaycard. Diamond would not reverse the charge.

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

Trying to make the best of a bad situation, I decided to attend a presentation as this is required when purchasing a Sampler. After I returned home from a Branson presentation, I attempted to access Luxury benefits but was denied access. Luxury benefits include luxury hotels, shopping and wine. When I contacted customer services at the Sampler department, asking why I was denied access, the customer service agent put me on hold for a long time while he called Branson. After completing his “investigation” he told me the reason I could not access Luxury benefits is because Branson reported me as a “NO SHOW”!!!

Had it not been for our Diamond Resorts member supported Advocacy Facebook, I probably would not have gotten the sales agent’s name, and I certainly would not have prepared a report.

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

Admitting deceit it seemed, the customer service agent said, according to the notes during the presentation (he initially said I had not attended), I had told the sales agent TK I had complained about the unauthorized charge to purchase the Sampler. I pointed out that I had used my American Express for all the charges I made at The Suites. Customer service said they will investigate further and get back to me.

Now onto my original article

buttons

Many timeshare companies already have Secret Shopper programs. Still, it doesn’t hurt for timesharing member Secret Shoppers to evaluate for other members how near or far a timeshare sales agent ventures from his or her script.

I guess I am not that secret of a Secret Shopper in that my name is on this article, so I hope the good experience I had at Diamond ResortsThe Suites at Fall Creek in Branson, Missouri wasn’t because they were aware of my Timeshare Advocacy Group™ position, Secret Shopper Coordinator. I’d like to give them the benefit of the doubt.

My presenter was TK Armstrong. She used to work for Bluegreen but joined Diamond because she said they have more resorts. TK and I talked for about 45 minutes. I went over my Polo Towers experience. She seemed sincerely concerned. She showed me a description of CLARITY™ Diamond’s new Enhanced Quality Assurance program. She was supportive of the program and said she was going to abide by it. She went over the Sampler product I did not realize I purchased until I returned home from Polo Towers. At least I know what I bought now.

We have three new Secret Shoppers. We will not identify them because they are, well, secret. After compiling over 100 complaints from readers who have reached out to Inside Timeshare for assistance, we have determined the most popular complaints involve the following:

  • Maintenance Fee relief program that do not exist,
  • The ability to sell points or weeks when there is no secondary market,
  • The value of travel awards,
  • Misrepresenting the value of using a credit card to offset Maintenance Fees,
  • Stating a lower loan interest rate can be obtained from a bank or credit union in order to escape high timeshare loan interest rates,
  • Oversold availability

We arm our Secret Shoppers with intelligent questions that, maybe because of being on vacation brain, people forget to ask. These are questions of course that any timeshare consumer can ask, so we share them with our readers. Transparency, honesty and accuracy are rated on a scale from one to five with a five being the most honest. Results are tabulated quarterly and sent to our team for review. After we complete our pilot program, we hope to submit the data to the respective resort for review.

Suggested Questions

  • May I take notes?

Qualifications

  • How long have you worked at this resort?
  • Have you worked at other resorts?
  • What did you do before you sold timeshare?

Consumer Protections

  • May I call my lawyer to discuss your proposal?
  • May I take the contract to my room so that I can have an adequate amount of time to review such a major purchase?
  • Are you a member? May we log onto your account so I can check actual availability and value? I am spending a significant amount of money on something I have not even attempted to use.

Resale or Exit Program

  • What happens if I can no longer use or afford the timeshare?
  • If I can sell it, how can I sell it? Who do I call? Can you give me a reference?

Note: Contact a member of the Licensed Timeshare Resale Broker Association to ask about the benefits or lack of benefits buying on the resale market and to see if they will accept a listing for the timeshare you own.

http://www.licensedtimeshareresalebrokers.org/

Maintenance Fees

  • Please show me in the paperwork the cap on maintenance fee increases. How much does a maintenance fee go up on average annually? Does it go up every year?
  • Can you provide a five year history of Maintenance Fee increases?
  • Is there anything I can do to offset Maintenance Fees?
  • If I can use my points for maintenance fees, how much per point are they credited?
  • Where in the paperwork can I verify this information?
  • If I offset Maintenance Fees with credit card purchases, please provide an example of the value of a $1 purchase and how many purchases it would take to pay off my annual maintenance Fee? (One member reported it would cost over $270,000 in annual purchases to pay a $2,700 Maintenance Fee!)
  • Can I rent my timeshare to pay Maintenance Fees?

Travel awards

  • If I can use my points for hotels, what is the value per point?
  • If I can use my points for airline tickets, what is the value per point?
  • If I can use my points for a cruise, what is the value per point?

Loans

  • Where in the paperwork does it state my loan interest rate?
  • How much will I pay for the timeshare if I carry the loan for the maximum term?
  • Is there anything I can do to reduce my interest rate?
  • What is the interest and penalty if I miss a payment?

risk

If consumers must take out a loan to buy a timeshare, consider carefully the actual cost of financing a vacation at 12 to 18%. America is a buy now pay later society. I don’t think many financial planners would recommend financing a luxury item without comparison shopping. Well over half of the complaints Inside Timeshare has received involve high interest rate financing.

We hope Secret Shoppers create smart shoppers asking the right questions before plunging into a purchase so many of our readers have come to regret. Societal changes are influencing the wants and needs of today’s traveler. Are timeshares more flexible or less if you are locked into usage and maintenance fees increasing annually.

Our first Secret Shopper, Laurie Sabbagh, offered the first Timeshare Advocacy Group™ Secret Shopper report. She reported some good and not so good observations. Of merit is the warning to timeshare buyers to take the promise of travel awards a step farther and ask, “At what value?” In general consumers should buy a timeshare for its intended purpose which is to vacation at a resort. Here is Laurie’s report:

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

Contact Inside Timeshare if you have interest in becoming a Secret Shopper or would like to share a positive or negative timeshare shopping experience. There are several member supported Facebooks and websites where members can reach out to other members to share experiences. Timeshare Advocacy Group™ posts information from all sites. Our motto, courtesy of Jimi Hendrix, is –

knowledge speaks

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

Thanks to Karen for her Secret Shopper part II, also thanks to Irene as usual for the editing and coordination from the other side of the great lake. We have many more articles coming up in the next few weeks with part II of Hug Your Haters and a piece about the Castle Law Group lawsuit with Orange Lake. We will also be having another article from our Antipodean friends from the other side of the world.

So that’s it for this week, have a great weekend and we will be with you next week.

 

 friday dog

 

It Works in Other Industries So Why Not In Timeshare?

In todays article Karen Garello shares her experience as a Secret Shopper at a timeshare presentation. Most restaurants, bars and supermarkets are familiar with this concept, it is a useful tool for improving service. The first the staff know about it is when the report is filed by the Mystery Shopper.

The idea is that the staff, sales people, waiters even managers, have no idea, so it gives a very true reflection of service, it also keeps everyone on their toes, especially when you know that your firm employs these mystery people. Inside imeshare hopes you enjoy the article from our new contributor.

Timeshare Advocacy Group ™

Secret Timeshare Shopper

secret shopper

By Karen Garello

June 22, 2017

If you are reading this article, there’s a good chance you bought a timeshare based on something a timeshare sales agent said that was not true. You probably already know about the oral representation clause that states, “I did not rely on any oral representation to make my purchase” which allows the sales agents to say anything to sell vacation points. Even with proof, the timeshare developer can still fall back on that clause.

After what happened to me, I have decided to become a Secret Shopper to report sales agents that are untruthful, as well as sales agents that do tell the truth, and to collect stories from other Secret Shoppers. Our Timeshare Advocacy Group’s new Secret Shopper program has been in existence since March when Laurie Sabbagh published our first Secret Shopper report.

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

But here’s what happened to me

head

I bought a Diamond Sampler product. This is a program that allows you to use a set number of points to try out a vacation plan. Since it is a trial program, the buyer is not locked into a perpetual contract. You do have to attend a sales presentation when you stay at one of the company’s resorts.

I attended a sales presentation at Polo Towers in Las Vegas. My first sales agent was Greg. Greg was respectful when I said I did not want to buy any more timeshares since I was already a Starwood member. He turned me over to Aries. I am a Filipino occupational therapist. Aries is Filipino. Aries offered me 20,000 Diamond points to try out the Diamond program because I was a Starwood member. He said they wanted to give me the points so that I would have an opportunity to compare Diamond’s program to Starwood. I have never had any problems with Starwood, so I had no need to buy additional vacation points. Still, it couldn’t hurt to compare.

Aries said I should open a Diamond Barclay MasterCard. The company was going to give me 20,000 vacation points. I saw no harm in filling out the credit card application. While I was putting my initials on a small piece of paper, I did notice the figure of $3,995 and asked what this amount referred to. Aries said it was the limit on the Master Card. I left with no paperwork.

Leaving the sales presentation, I was elated. Aries told me he was also going to give me a cruise and a $200 restaurant coupon. I called my cousin and told her this Filipino guy gave me 20,000 vacation points, a $200 restaurant coupon, and a cruise! I was embarrassed to later tell my cousin what really happened.

When I arrived home, I was shocked to see a charge for $3,995 on the BarclayCard. The statement said I had purchased a Sampler. Not only had I not heard the word Sampler before, I never heard the word purchase or buy mentioned throughout the entire sales presentation. I called Diamond thinking there must have been some kind of mix-up. I spoke with “Hospitality” agent Kayla. Kayla basically said, “Too bad, you signed a contract.”

Diamond Resorts has a new program called CLARITY™ which is supposed to be about accountability, transparency and respect for the customer. How can the company claim to have this program when I have been treated this way?

Kayla kept repeating that I bought a Sampler. She said she would send me a copy of the contract. What contract? I walked out of Polo Towers with nothing.

What can I do to stop others from being harmed?

speak up

What happened to me wasn’t right. In my opinion, what happened to me was criminal. I began to research corporate fraud and found this on Wikipedia.

First, customers are “baited” by merchants advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods either are not available or are not as good as expected, or the customers are pressured by salespeople to consider similar, but higher-priced, items (“switching”).

In my case, my switch wasn’t higher. I didn’t even know I bought anything!

According to a publication called the balance, unauthorized credit card charges include any type of charge to your credit card account that you didn’t give permission for. I should have called Barclays Bank right away instead of assuming Diamond Resorts would correct it.

https://www.thebalance.com/what-to-do-about-unauthorized-credit-card-charges-960260

Many of our Diamond member sponsored Advocacy Group members say they were sold by deceit and bait and switch. It is one thing to use a timeshare for a long time and just give it back, but many of our Facebook members have invested sometimes $50,000 or more saying they were deceived and found out only two weeks, two months or a year later. I hope others join our Advocacy Group to get the support and encouragement I received in the hope of educating the public as to what to watch out for when on vacation.

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/

eye

By Irene Parker

Thank you to Karen for joining our network of Secret Shoppers. The more people who uncover deceptive sales practices and report to regulatory and enforcement agencies, the more likely the industry will be forced to change. Public awareness and education through print and broadcast media can make a difference, as in the almost overnight appearance of a generic $200 Epipen.

It is legal to record a conversation in Arizona as long as one person is aware, according to Attorney Carrie Wilcox. “In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. However, bugging/wiretapping is always illegal. Don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.”

The Law Office of Carrie M. Wilcox

http://wilcoxlegal.com/bugging-and-tape-recording-conversations-in-arizona-is-it-legal/

There was a time we would never have thought people would not leave home without a phone in their pocket, briefcase or purse. Who knows? Maybe someday timeshare buyers will come equipped to timeshare sales presentations able to record with a blink of a contact lens eye!

https://www.facebook.com/ScienceNaturePage/videos/vb.693504594115135/1087812741350983/?type=2&theater

Deceit and bait and switch tactics will probably always be part and parcel of timeshare, but once victimized, you feel you have to do something about it.

shopper cartoon

Inside Timeshare thanks Karen for her contribution and once again thanks to Irene for her editing. If you would like to share your experiences with others contact Inside Timeshare or Irene on the advocacy facebook page. We look forward to and welcome your views, by sharing it helps other to learn and see they are not alone.