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Club Class

Timeshare Resale: Lisa Ann Schreier Open Letter to Developers

We all know that the resale market for timeshare is almost non-existent, you only have to look on ebay to see that many people can’t even give them away, even when they offer to pay the transfer fees. Those that have prices are either very low and have no offers or bids, the ones with highly inflated prices are what the owner thinks they are worth and hope they will get.

It has also spawned one of the biggest frauds in timeshare, the resale company, many owners have been victims of these over the years. In Europe the EU Timeshare Directives forbids these companies to take a fee for listing the timeshare, but they still do. Quite often they will claim that it is not a listing fee, but a marketing fee to give you your own webpage to create your very own personalised advert. Charges of around 1,000€ are not uncommon, once it has been paid, that is probably the last you will ever hear from them.

The most common scam in Europe is the call to tell you that they have a buyer already lined up, but to get this sale underway a “bond” needs to be paid, which is refundable once the sale has taken place. This particular scam was also used by the “Discount Holiday Clubs” such as Club Class and Designer Way Vacation Club, who would tell the owner that they have a corporate buyer wanting their timeshare. They would then attend a meeting either in the UK or have to travel to Spain.

At this meeting the classic “bait and switch” would take place, they would take your timeshare off your hands leaving you maintenance free, but you would need to pay around 10,000€ to join their discount club. In many instances, three years down the line the unfortunate timeshare owner found that they still owned their timeshare and were now in arrears.

This situation is actually the fault of the industry itself, mainly thanks to the false promises that they would “buy back” the timeshare when the owner no longer required it. Another factor is the perpetuity contract, which many owners found impossible to get out of leaving them and their families burdened with ever increasing maintenance fees.

This is Lisa Ann Schreier‘s Open Letter to Developers published on 18 June 2018 on her Timeshare Crusader Blogspot:

http://thetimesharecrusader.blogspot.com/2018/06/an-open-letter-to-timeshare-developers.html

An Open Letter to Timeshare Developers

Dear Timeshare Developers:

I’d appreciate an honest answer from any of you.

Why do you not buy back your own product when it’s being sold for $1,000, $100 or $1.00 on the secondary market when you can turn around and sell it the very next day or week for whatever grossly inflated price you do each and everyday to unsuspecting consumers?

It’s not like we’re talking about a product that deprecated due to rust or even the fact that it’s outdated. You maintain the product with the owners money and you determine the usage rules.

ARDA just reported that the average price of a timeshare was $22,180.

In under a minute, I was able to find these listings on a reputable resale site:

Marriott’s Desert Springs $4,295

Orange Lake North Village $3,000

Sheraton Broadway Plantation $500

Summer Bay Orlando $0 (not a typo)

It seems to me that you guys could turn a nifty profit by snapping these up and selling them for $22,180 or whatever your salespeople try to get.

But you don’t. Why is that?  Are you trying to give the impression that these timeshares aren’t worth anything?  Because that’s exactly what you’re doing.

Thank you Lisa for allowing Inside Timeshare to publish your letter in Europe, (even though this will be read worldwide). Inside Timeshare has had the pleasure of working with Lisa, albeit over cyberspace, Lisa is a long time advocate of the timeshare owner and we hope that we continue to work together.

If you have any comment or question about this article, or any other published, then use our contact page and send it in. Inside Timeshare welcomes your input.

Friday’s Letter from America

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

justice2

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

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

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

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

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

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

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

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

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

cla-brochure

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

Haven’t we heard this one before?

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

Now for this weeks Letter from America.

Protest photo

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

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

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

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

Howard Nusbaum, ARDA CEO,

Peter Roth, media contact

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

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

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

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

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

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

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

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

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

https://whistleblowersofamerica.org/

Kevin and Brenda Hopkins describe their extraordinary sales pitch:

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

Some Peasants Revolt

By Eron Grant and Irene Parker

Friday March 9, 2018

meeting in office

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

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

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

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

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

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

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

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

Here’s what happened to Mark and Eron   

YouTube produced by Doctor and Ms. Mark Grant

Our Timeshare Nightmare of a Lifetime

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

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

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

April 6 – 9 Family Suite (6)

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

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

 $819.97

101.67 ($33.89 per night service fee)

106.59 (13% tax)

$1,028.23 for three nights

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

red dress

What ARDA Code of Ethics?

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

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

Code of Ethics: Frequently Asked Questions

Question:  Why does ARDA have a Code of Ethics?

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

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

Question:

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

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

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

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

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

Answer: After reviewing the provisions of the ARDA Ethics Code, if you have questions, please call 407-245-7601 and ask to speak to the ARDA Ethics Administrator, or e-mail [email protected].

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

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

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

Question: Does ARDA support the consumer?

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

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

If the wishes diverge, lobby dollars go to work:

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

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

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

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

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

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

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

Don and Irene Parker’s Diamond experience:

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

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

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

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

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

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

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

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

https://tug2.com/Home.aspx

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

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

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

 

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

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

Have a great weekend and join us next week.

weekend

Update: Litigious Abogados the Fake Family of Lawyers

Well it seems that Inside Timeshare has lost the wager on the name of the director who pleads guilty at court, article published Thursday 21 Sept. In this we said that it would most likely be a Keith Baker or Keith Balker, as that name had been used on many other occasions.

lost bet

Amador Galeca Abogados have come up with a new name,  Andrew Cooper, has this time pleaded guilty in a Spanish Court, for a timeshare bought and located in the United Kingdom!

Firstly, why would a Spanish court be adjudicating on a case that is clearly outside of its jurisdiction?

Secondly, in all the years we have been looking at this industry, we have not known any timeshare company or directors plead guilty to anything. On the contrary, they have always denied any wrongdoing, finding excuses and legal loopholes to wriggle out of it. Well, not quite, back in July 2009, at Reading Magistrates Court, UK, Gary Leigh (ILG) did unexpectedly plead guilty to 11 counts of the most serious charges.

http://www.theolivepress.es/spain-news/2009/07/15/timeshare-conman-convicted/

In our article of 31 July, Keith Balker pleaded pleaded guilty on behalf of Club Class Holidays, could it be as we have been publishing this name for so long they needed a change?

Also the names Keith Baker and Keith Balker are very similar to one of the names of an ILG director Keith Barker. Could this have been a take on that?

deutsche bank

Another question that is puzzling us, is in regards to the bank accounts that are being used, the latest being Deutsche Bank, with the name of the so called Procurator Graham Ingum Gorrin. The question is how on earth are these accounts being opened?

Surely in this day and age they must be doing some kind of security checks, after all when I went to open a new bank account, the documentation and proof of residence was extensive. Is this group that well prepared with all the fake documents to open these accounts or is it the banks are failing in their procedures?

To follow the story from the start, search Litigious Abogados in the search box.

Basic rules on keeping your hard earned money safe

As we have warned before, unless you have instructed a law firm to act on your behalf, then there is no case. The courts do not use outside agencies or companies to contact consumers who may have been victims of fraud. If they do need to contact you they will do so through official channels, not by telephone or email.

The courts do not issue cheques, especially from banks that are no longer in existence such as Banesto.

Spanish Courts will not be dealing with cases which have not been purchased within Spanish jurisdiction, so if your timeshare was purchased outside of Spain, then you do not have a case pending.

The Courts will also not appoint any company to investigate a missing cheque and recoup the money from the bank on your behalf.

Her Majesty’s Revenue & Customs would not be getting involved, they will not contact you by telephone or email.

Do not be fooled by the promises of the huge sums being held and waiting for you to collect, or the very genuine looking paperwork.

Until you are 100% sure that it is genuine do not pay any money, whether it is for procurator fees to lodge the case, taxes, notary fees, or any other reason to release the money.

If you are in doubt and need help in verifying any company that has contacted you with any of these promises, get in touch with Inside Timeshare.

be careful

Friday’s Letter from Australia

We start September with another Friday’s Letter from Australia, just to give our American cousins a rest. Today Justin Morgan, looks at the the role private equity plays in timeshare, with the introduction and comments by our very own Irene Parker. But first a little from Europe.

europe

Earlier in August we said that it tends to be a quiet month, well this was not the case this year, as our roundup of the month article yesterday showed. We also mentioned that September usually sees the start of new companies, changes of name or even resurrected ones. Well they have started to surface already.

Doing our usual daily rounds of the internet, one site, mindtimeshare, since the beginning of August has published the names of 6 that have come to their attention. 3 of these were published yesterday. We begin with:

Appointing Consultants, with the following website, which was only registered on the 14 August, as usual, the registrant is hiding under a privacy service.

http://appointingconsultants.co.uk/

According to the website, they are a company that offers the following services:

  • Appointment Setting; We can provide your business with qualified appointments for your sales team.
  • Lead Generation; We can offer bespoke leads from both websites and telemarketing operations.
  • Customer Service; Create the best customer services team for your business.
  • Online Marketing; Run an online marketing campaign. We can help you with SEO or e-mail campaigns.
  • Data Sourcing; Source the best possible data to make your business thrive.
  • Sales Training; Teach your team with one of our professionals to be the best. (Their spelling mistake)

The thing is they are informing timeshare owners that they have grounds to make a claim, which for a telemarketing company making appointments for another company is a little worrying.

They also do not appear on any company house records.

The next one is Barlow & Scott, with the telephone number 01904 501 389 which is a York number. When checking on who is calling, one name comes up First 4 Legal, there was a company of this name registered in London, but it was dissolved in February 2012.

There is no mention of a website and they seem to be contacting Club Class members, stating that they are a solicitors office and that there is money being held for the client by the courts in Spain!

They claim that the purchase of membership was never completed as the client never had an NIE Number, no problem for £500 we can get this for you then you can get your money back.

This is however untrue, you do not need an NIE number unless you are going to live in Spain or for any of the following:

  • Open a bank account
  • Buying, selling or insuring a property
  • Arranging a mortgage or credit
  • Pay taxes
  • Being employed
  • Registering with employment agencies
  • Registering to study
  • Applying to start a business
  • Registering with social services, receiving social security benefits
  • Applying for a driving licence
  • Inheriting assets

The NIE is a Spanish Tax Number for foreigners. So beware these types of claims.

The next is called Stapleton Consultancy. Once again they claim that the Spanish courts are holding money owed to the consumer from a previous fraud. Now to get this money paid out Stapleton Consultancy will need to be paid in order to do the work. There are no contact details available, so very little is known.

There is a company called Stapleton Consulting Limited, but they are chartered building surveyors, so absolutely nothing to do with timeshare. As and when new information comes to light, we will publish it here.

This really does show that you must do your homework before dealing with any company that calls you out of the blue, especially when they inform you that you have a payment waiting to be released by a court!

homework1

Just to finish off the month of August, Canarian Legal Alliance announced yet another sentence from the Court of First Instance in Maspalomas, once again it is against Anfi, who still deny that they have any cases against them.

In this particular instance the court declared the contract null & void, the infraction was again a contract over the stipulated period of 50 years. The court awarded this consumer over 23,000€, they also awarded over 4,000€ as double the amount that was taken as a deposit within the mandatory 14 day cooling off period.

If August was a quiet month, what will the next few months bring? Keep an eye on these pages and you will see.

So here we go to the land down under and this weeks article from Justin.

What Role Does Private Equity Play in Timeshare?

we the corporations

By Justin Morgan

Introduction and comments by Irene Parker

September 1, 2017

Private equity firms, traditionally providing capital to fund high growth start-ups, may be shortchanging timeshare consumers in their quest for returns typically targeted to reach higher returns than those of the public market.

Timeshare in general has been facing increased pressure due to overly aggressive sales tactics. This warning about escalating default rates was published February of this year by American BankerDiamond Resorts and Wyndham under pressure due to aggressive sales tactics. Wyndham is a publicly traded company. Diamond is owned by private equity firm Apollo Global Management.

Diamond Resorts ABS under Pressure from Company’s Sales Tactics

https://asreport.americanbanker.com/video/diamond-resorts-abs-under-pressure-from-companys-sales-tactics

The question is – how are higher returns for private equity investors won?

Is timeshare even an appropriate venue for private equity investment? Can higher returns be earned without strangling the timeshare consumer with excessive maintenance fee increases, reduced availability and other unsavory tactics driven by such demands?

Former Diamond CEO David Palmer explained this concept to investors at a September 2014 conference, according to a transcript, “Anything that is put in the budget that gets expended on an annual basis, we get our 15 percent fee, That is basically a 100 percent profit business.”

Meanwhile, timeshare members received this notification:

“Timeshare owners of the Grand Beach Resort, a 192-unit property in Orlando, Fla. … learned in a letter in September that their annual maintenance fee would rise 14.9 percent this year.”

I asked Advocate Justin Morgan, our Australian Contributor, his thoughts:

This is the ‘Super Profits’ issue that I questioned years ago… I pointed out that retail prices for vacation points were sometimes four to six times retail value across Asia and Australia. But the real focus involves turning vacation ‘currency’ into more fiat currencies at super profit level. In my opinion, they are not interested in member value at all. It’s an early version of cryptocurrency! My sentiments are no different today…even worse.

In my case, I found my Diamond Resorts account terminated for renting, although my contracts clearly gave me in writing the right to rent. If they changed the rules, that’s unfair, but virtually all timeshare contracts state the rules can be changed at any time for any reason.  It is now apparent we were ‘all-in’ against the Vegas House that takes all it can get.

Irina Allen agrees. Irina is a professional who ended up with 139,000 Diamond points alleging she was up-sold to that level by deceit. Inside Timeshare previously reported on how Irina’s account was suspended for posting one ad on RedWeek. Rental ads for Diamond points on RedWeek abound.

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

The timeshare point’s product is a cryptocurrency that offers no backing other than your promise to keep paying ‘whatever it is this year’ maintenance fee increases. Some timeshare companies force maintenance fee increases for any reason…They can then pick up default points.

Timeshare developers pocket millions and millions this way. Most members are not allowed to leave. It’s like ‘Hotel California’s’…you can check in anytime you want, but you can never check out.

“Last thing I remember, I was

running for the door

I had to find the passage back

to the place I was before

“Relax, “said the nightman,

“We are programmed to receive.

You can check-out any time you like,

But you can never leave!” The Eagles

It doesn’t matter much whether they are public or private, though I feel private equity firms have far less scrutiny. The problems lie in the legal structuring of these entities, and how they can basically bill members for whatever tab that they find is allowable. If they control the HOA, and therefore budget approvals, the rest of the structure is usually just a financing and ‘dividend’ pay out model. Wages can be like a hidden dividend, if they are simply looking to pull money from members over to those they seek to pay out:  i.e. usually management, vs the actually financiers, who are often at the back of house in the financing structure.

In my opinion these private equity firms are targeting the timeshare industry now because they understand that they can raid them by simply jacking up maintenance fees by 20%, or even their required rate of 30% return, by simply hiding cost allocations within their structure, or simply paying their executives directly from the Club. There’s no stopping what they can do under some structures. It is a license for them to take what they want.

dollar man

As reported by Business Wire, “A class action lawsuit has been filed against timeshare developer Diamond Resorts International, timeshare owners associations Bali Condominium Association and Parkway International Owners Association, and auditor RSM U.S. L.P. alleging breaches of fiduciary duty, breach of contract, and professional negligence over billing practices for maintenance.”

The plaintiffs allege that the language addressing maintenance and management fees in the condominium association’s governing documents were outdated and ambiguous. The outdated language allowed the defendants to include subsequent amendments to:

  • Charge inappropriate maintenance fees.
  • Inflate management fees.
  • Hide inappropriate fees.
  • Charge costs unrelated to the maintenance and management of the timeshare development including an “indirect corporate fee.”

http://www.businesswire.com/news/home/20170629005705/en/Finn-Law-Group-Files-Suit-Timeshare-Maintenance

Bluegreen is exploring a possible Initial Public Offering. I asked Bluegreen member and Economics Professor Michael Nuwer if Bluegreen BBX Capitol falls into this private equity category.

http://www.otcmarkets.com/stock/BBX/news?id=167811

BBX Capitol is not a private equity firm. Alan Levan has had a significant ownership interest in Bluegreen since at least 2008. Something like 85% of BBX revenue and 75% of their income comes from Bluegreen.”  

squiggle

What falls from the mouths of timeshare company public relations departments in their message to the investment community often sounds like a foreign language to beleaguered timeshare members. New York, Tennessee, Colorado and Arizona Attorneys General settlements against timeshare companies are but the tip of the iceberg.

Thank you Justin, we look forward to more from our Australian cousins and your insights into this worldwide product called timeshare. No matter where you are, the story seems to be the same, you are the UP’s, you have the money and we will take it from you, but give you nothing but hassle in return!

It now just leaves us to say thank you to all who contribute to Inside Timeshare, a very big thank you to all the volunteer advocates of our advocacy group, who do a splendid job of helping others with their problems. Have a great weekend and we’ll be back again next week with more from the murky world of timeshare.

BBQ chef

 

My Thoughts Today: End of January

We began January with an update on “bogus” law firms Litigious Abogados and Litigar Abogados, with the addition of a third firm called Abogacia Española, with the founder being Fernando Holaci. All three websites are the same except for minor alterations such as colour and the names of the founder and the lawyers.

The method of enticing timeshare owners to pay is also very sophisticated, with fake court documents, copies of compensation cheques and official looking documents from the so-called Procurator, Davido Harstun Jaime.

LIT

They begin by sending or calling prospective clients about the court case they are about to conduct against their timeshare company, that they are eligible to participate. In order to be registered on the coming court case, a sum of around 1,500€ is required. This has to be paid quickly as the case is due to be heard within the month.

Once this sum is paid, the client receives another email with the fantastic news that their case has been won, with the court awarding many thousands back to them. All this is done within weeks, a feat not seen in a Spanish court or any other court for that matter. Now comes the main part of the “sting”, in order to get this sum paid out court taxes etc need to be paid first, the amount varies from client to client depending on the court award. But they are in the region of £4000 to £8000. For further information see the link below or search Litigious Abogados in the search area for all the posts.

http://insidetimeshare.com/litigious-abogados-plot-thickens/

Inside Timeshare with Irene, also broke the news of a settlement between the Arizona Attorney General Mark Brnovich and Diamond for $800,000 which revolved around “Allegations of Consumer Fraud Act Violations”. This is a story that we have been following all month. (see following articles).

arizona-ag-seal

After the “Breaking News” of the settlement, a joint article by Charles and Irene on the role and use of OPC´s in the timeshare sales cycle. It began with an outline on what regulations various countries in Europe have on controlling how these “scratchcard touts” operate. Going on to explain how they work in the US, with Irene laying out the information they are after. She also spoke about an OPC that she knows personally. It was an insight into how you ended up on the presentation.

This was followed by more Litigious Abogados updates and the article “Thinking of Buying a Timeshare”. It was closely related to the previous article on OPC´s as it explained how the scratchcards work, then going on to ask “Is it worth buying one”?

It came to the conclusion that it depends on what you are after, it also weighed up whether to buy from the developer or a resale. There was also a link to Mike Finn of the Finn Law Group, who also gave some very sound advice.

Again we went across The Great Lake for more news from the US,

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

In this article Irene gave her analysis of the importance of the Arizona Attorney General’s settlement with Diamond. Irene told the story of the nightmare suffered by Irina Allen and her purchases, along with the fact she had her membership suspended on false allegations of being a “mega renter” with an AirBnB account. She had even been advised by a sales rep to buy more points as renting will help pay the maintenance.

Another article we published was on the subject of plagiarism, this was prompted by posts appearing on the TCA website which more than resembled articles written by myself and Irene. Any author will recognise their own writing style and use of words. Especially as the grammar used by the TCA writers is to say the least very poor.

But, the main point was the use of information not just from Inside Timeshare but also from Canarian Legal Alliance. In all the posts on the TCA site, no mention or accreditation to where  this information had come from. It all appeared  the TCA was taking credit for the information and the Supreme Court victories achieved by CLA. Whenever Inside Timeshare publishes any article that uses information or news from another source, that source is always credited for it. That is the basic rule of any journalist or writer.

http://insidetimeshare.com/tca-using-others-work/

plagiarism

The next article on US timeshare had a very happy ending, back in November Irene explained that Wyndham had launched “The Ovation” surrender programme. After receiving this news Inside Timeshare contacted one of our readers, Steve, who owned at Wyndham. Due to his personal circumstances he wanted to surrender his ownership, he did not have a claim, so relinquishment was the only option.

It was explained to Steve about the Ovation news and he duly contacted them to surrender his ownership. Within two months he got the news that they had indeed accepted his surrender request. Since then Diamond have also accepted the surrender of his European membership, although due to his statement of events at the point of sale, Diamond are investigating and we hope to report on that in the near future.

http://insidetimeshare.com/wyndhams-ovation-surrender-program-latest-news/

On the day President Trump was inaugurated Inside Timeshare along with Irene published the question “Attorneys General and Timeshare under Trump”. The article explained how the business and politics are linked, including the role of the “lobbyist”.

This was a subject being asked by many owners of timeshare in the US and only time will tell what effect his presidency will have on them.

http://insidetimeshare.com/attorneys-general-timeshare-trump/

In the article “And So it Begins”, it followed Irene being banned from the Diamond Resorts International Members facebook page. The reason, a few thought her posts and links to our articles were political, Inside Timeshare posed the question “what is not political nowadays”?

The real reason of her ban is simple, she asks questions about Diamond, she writes about Diamond, she questions Diamond, she questions the practices of the sales reps, but she also has dialogue with Diamond. She brings to their attention the concerns of thousands of members, she has also had statements from senior Diamond employees which she has used in her articles.

In her following article she called for advocacy in timeshare, highlighting Diamond creating an Advocacy Department, even contacting Maya Pogoda, Diamonds Public Relations Representative, who is also helping to launch the Diamond Advocacy and Clarity programme. But to some on the facebook page she was attacking Diamond, when in reality she and Inside Timeshare are calling for dialogue. Yes we do highlight the ugly, but we also highlight the good.

In another twist to this tale, two more people have been banned from this group, the reason? They have been highlighted in articles by Irene and published on Inside Timeshare, They are Irina Allen and the Saldana family. Do those calling for a ban who are the administrators believe in two sides to a story or are they only interested in promoting their own ego´s, one openly boasts how he owns so many points yet has never actually paid for them, one wonders how he got them? You know who you are and Inside Timeshare awaits your response.

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

CLA Logo

Back to Europe, Canarian Legal Alliance has been hitting the news again, published on the 26 January, was the news of two Supreme Court rulings against Silverpoint / Resort Properties. In the first judgement the court announced that the Club Paradiso product was indeed timeshare and fell under the relevant laws, they also concluded that the client in this case was a consumer not an investor as Silverpoint claimed. This has significant implications for other “Club” schemes operated by other companies.

This case was picked up by The Northern Echo follow the link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

Within days there were another two verdicts delivered by the highest court in Spain, again against Silverpoint. In the fourth ruling, the court reiterated the earlier verdict that the “Club” scheme was timeshare, this was in relation to Hollywood Mirage and Beverly Hills Club Vacation package. Now if memory serves me correctly the second ruling on “Club” schemes now puts that into jurisprudence.

 

In the last article this month, Irene gave her views on Diamond’s Clarity programme, she had an interview with Maya Pogoda the Diamond PR and also had comments from Executive Vice President, Chief Sales and Marketing Officer Michael Flaskey. Now if this isn’t creating a dialogue, well I don’t know what is!

This will be followed next month by Part II: How Owners Feel About Clarity.

We have also been informed of a major news item that is just breaking, we hope to have an article on this tomorrow, Irene is busy on it now. But we must remember she is several hours behind us, so watch this space.

Inside Timeshare publishes these articles to keep you informed of the latest news, developments and views in the world of timeshare. Much of it you would never hear about, especially as many forums will remove posts the administrators don’t like. We will continue to publish even if it is controversial, that is what we believe in, the freedom to question, criticise and comment.

Inside Timeshare would like to thank all those who have contributed to articles this month, either through information or comments, without you the stories would not be there.

great quote

 

Timeshare Transfer Agents and Exit Companies: Friend or Foe?

Irene Parker and I take a look at timeshare relinquishment comparing Europe to America. As many Europeans own timeshares purchased in America, it’s useful to have the complete picture. This time she asks the question “Timeshare Transfer Agents: Friend or Foe?

For those not familiar with the term, Transfer Agents advertise offering timeshare owners a guaranteed “deed-back” even if the timeshare program is not deeded. (more on this further on).

In Europe we have a different take on this subject, as we do not have the same model of Transfer Agents like the US. We tend to have resale firms and exit companies, some purport to be legal firms, who for a sizeable fee will relinquish your contract. Many of these companies do both, so the lines can be a ltiile blurred. Although we do have some of the same problems, such as resorts /developers who do not recognise the sale and or transfer.

Here we bring in the ongoing story of two elderly sisters, known as Mrs B. Around two years ago they took up the services of a company  who claimed they would get compensation for them if they joined their “Class Action” group. But in order to do this they had to pay around £5965 to relinquish their two timeshares, one was Oasis Lanz in Lanzarote, the other was Dona Lola Club on the Costa del Sol, run by MacDonald Resorts and Hotels.

Mrs B signed a power of attorney so the company could work on her behalf, all appeared to be above board. After around a year she eventually received notification that her timeshare had gone, both had been transferred / sold to a gentleman for £1 each. Inside Timeshare has all documents relating to this.

Sounds all well and good.

Well, as far as Oasis Lanz is concerned it is, Mrs B has not had any contact from them or received any maintenance bills. The problem is Dona Lola Club and MacDonald Resorts, they will not recognise the transfer. This has now caused a problem for Mrs B and her sister.

They have been subject to threats of legal action by a debt collecting agency, Network Credit Services, employed by MacDonald Resorts. According to them there is £1412.54 (as of April 2016) for maintenance, accrued after the supposed transfer, (this amount increases as time goes on).

So why do MacDonald Resorts not recognise this transfer?

On speaking to Network Credit Services and explaining that the debt was under dispute, Maureen stated that MacDonald Resorts will not recognise any transfer made by this company, because in Maureens words McDonalds just get paperwork back from  saying no longer required”. In other words, there was no actual sale or legal relinquishment. You will see the same in the article by Irene, using a company to take on the transfers.

This case is still ongoing with official complaints about the chasing of this “debt” going through the Financial Ombudsman Service.

Another aspect that is very common in Europe is the “Bait and Switch” tactic employed by many companies claiming to be “resale” firms.

The basis of this method is very simple, the timeshare owner either contacts a company they have found on the internet, or, they have been cold called by. They promise they can sell your timeshare and even give a very high valuation over the phone. Next they arrange a meeting to discuss your options.

Unfortunately there is no resale market, with one company actually stating this, so what then happens?

Simple, in order to get rid of your timeshare you must now purchase another product, be it leisure credits or discount holiday club. At the meeting ( read sales presentation), you are told that the product will cost around £10k to £12k. But don’t worry, we will discount that price for the value of your timeshare, so it will only cost you a fraction of that amount.

This was used to dupe many owners into Club Class and DWVC, where the incentive was the cashback offer. With this you are given a certificate for the value of the timeshare plus the cost of joining the club. In 3 to 5 years, as long as you follow the rules (which were complicated) you could then claim back the value on the certificate. So far we have never known anyone who did get paid out.

But what happened to your timeshare?

For many it was simple, they did not get rid of it, then after a couple of years they found they owned years of back maintenance. The timeshares were not transferred or relinquished, they are still liable for the maintenance and still own it, causing many a stressful situation with debt collectors.

So, let us look at what the situation is in the USA.

Timeshare Transfer Agents: Friend or Foe?

dollar    By Irene Parker November 20, 2016

Lately, a company by the name of Resort Release has been running an ad on my Facebook feed. It is always frustrating to invest time and energy campaigning to improve the timeshare industry, only to have companies we don’t approve of take out ads promoting their service. At least Inside Timeshare can control who posts on their site.

Transfer agents advertise offering timeshare owners a guaranteed “deed-back” even if the timeshare program is not deeded. The upfront fee ranges from $3500 to $7000 or more. Contracts taken back are “bundled” 25 to 50 and sold back to the developers, similar to what happened during the worldwide subprime mortgage crisis. The developers resell for full value.

What else can happen to the points or weeks or “inventory” recovered?

According to Greg Crist of the National Timeshare Owners Association,   

“There are basically four buckets that transfer companies often attempt to put inventory into…

Bucket 1 – Works with an inventory broker who may or may not have a direct inventory recovery agreement. *Branded properties only

Bucket 2 – Lists timeshare properties on eBay and Craig’s List for $1.00

Bucket 3 – Transfers to “Mules” *Foreign Nationals who may be judgement proof

Bucket 4 – Transfers to Companies who later dissolve the corporation administratively. *Leaves resort pursuing a clouded title, doubling recovery costs and impacting association’s bad debt line, which all remaining owners on the roster end up absorbing.”

saleman

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BBC Scotland Investigates the Problems of Timeshare Contracts.

On Monday 24 October BBC Scotland broadcast an investigation into the problems people have in getting out of their timeshare, especially the elderly.

It highlighted an elderly retired couple from Scotland who purchased their timeshares from a company that is now owned by MacDonald Resorts and Hotels. The company is now owned 50% by HBOS Group (Bank of Scotland and Halifax, part of the Lloyds Banking Group) and 50% by Donald MacDonald. They originally purchased at the Dona Lola Club in Spain, when their children were young. But as we have seen on many occasions, ill health prevents them from travelling, especially abroad, because of the problem of the increasing cost of travel insurance.

mcdonald logohbos

They have been trying to “relinquish” their contract for around two years, but the resort management, MacDonalds, want them to pay over £3000 to relinquish their two weeks. Even after they have paid their maintenance every year since purchasing. They are still trying to negotiate with MacDonalds, but are still paying £1600 maintenance each year.

This is not a new story to Inside Timeshare, we have the story of Mrs B, who used another company to “get rid” of her timeshare at Dona Lola, she is 83 and also in ill health and unable to travel. Like many others she paid her maintenance every year without fail, even though for the past ten years has never used it, Mrs B and her sister could not even travel to any of the UK resorts.

When she eventually paid another company to get rid of it for her the trouble started. Inside Timeshare has copies of the documents that show her timeshare has been transferred to another person, but MacDonalds refuse to accept this and say she owes maintenance. They have even instructed a debt collection agency, Network Credit Services, to chase for the the £1412.54 they say she owes. She has already received a final demand to pay within 7 days or face court action.

Inside Timeshare has helped her to formulate an official complaint to the Financial Ombudsman Service to try and resolve the matter. This is still underway, yet it is that time of year when new maintenance bills will be falling on the door mat.

old-lady
How much!

MacDonalds stated in the programme:  “We’ve been widely praised for pioneering the introduction of a practical exit mechanism for owners. In fact, 90% of resort owners voted in favour of amending their resorts’ constitutions to formally adopt these fair and reasonable proposals”.

Well the proposal to be able to get out was not what you could call fair, it required at least 4 years payment of maintenance and was limited to every 2 years with first come first served.

In the next comment MacDonalds also stated: “However, it would clearly be detrimental to the upkeep of the resorts and unfair on the remaining resort owners if people were allowed to walk away from their contractual and legal obligations without some form of reasonable recompense which allows for the quality of facilities at the resorts to be maintained for future generations”.

This last statement clearly shows that MacDonalds are not interested in the owners apart from the continued collection of fees. So what is the reason for this statement?

It is quite simple, MacDonalds are a management company employed by the resorts, to run, maintain and collect the management fees. They actually own no property, like most of these large companies, i.e Diamond and Diversified. In the past MacDonalds with the backing of TATOC, changed the members from fixed weeks to a points system, when doing this they effectively took control of the resorts. By taking over the fixed weeks, MacDonalds become responsible for the maintenance fees on those weeks, with you the points owners paying a hefty increase in your charges.

By allowing people to hand back their ownership, with no prospect of new clients purchasing what is now a very expensive way to holiday, it will cost them. After all MacDonalds does not want to use their own money.

Another point to the broadcast was the problem of using other companies with their promises of “resale”. One company interviewed was one Inside Timeshare has highlighted in past articles, Sellmytimeshare.tv and Monster.

The BBC sent an undercover reporter, Fergus Muirhead, he contacted Sellmytimeshare.tv about getting rid of his mothers timeshare. Over the phone he was given a valuation of £9,400 with an invitation to meet with the company face to face.

undercover

He stated that it was obvious that they had no intention of paying him that amount from the outset of the meeting, with Sellmytimeshare telling him “We can’t sell the timeshare because no one’s buying them so we certainly can’t get that money back for her.”

He was then given by the advisor a series of figures, which had to be paid upfront on the day, this was for thousands of pounds. He was told he would be given “credits” which could be used as part payment for goods or even be sold.

Fergus stated that if he held them for 14 months, he could sell these credits for £17,216, which covered the £9,400 and the £6,700 he was going to pay upfront. It was also not clear as to how the timeshare would be disposed of.

The programme also interviews Stephen Boyd a lawyer with experience of timeshare law, he is also a partner at Athena Law. He said he had around 300 clients and was in the process of instigating a legal action against Sellmytimeshare.tv and Monster Travel Group, the parent company.

He stated: “My clients were told by this company that they could get rid of their timeshare, but when they went to a meeting they had to buy another product and they were promised a financial return.

“They’ve also found that the promised financial return never materialised and in many cases they’re still liable for the maintenance fees of their timeshare.”

When asked for a reply the spokesperson for Monster said:  “Customers seeking advice from us about relinquishing their timeshares are informed of the options available through us and are free to choose what they consider best suits them”.

“One of those options includes the purchase of a Monster Rewards Bundle, which can be redeemed against an increasingly wide range of goods and services, including travel”.

Follow the link to the full article on BBC News.

http://www.bbc.com/news/uk-scotland-37690840

Recent Inside Timeshare articles.

http://insidetimeshare.com/monster-credits-associated-companies-summary/

One thing is clear from all this, it is the owners of the timeshares who are suffering, not just from the timeshare companies but those who say they will sell them for you, only to sell you another product. Remember the Club Class and DWVC pitch, we will take your timeshare from you if you join our club, we will then give you a “Cashback” certificate for the value of the timeshare and the cost of joining. This was to last either 3 or 5 years, at which point you claimed from the cashback company supposedly the value on the certificate. Guess what, no one ever did and in most cases they still were liable for the maintenance fees.

Timeshares are not worth anything, they lose value the moment you purchase, even in the USA as we have seen from recent articles, they sell only for a fraction of the original cost if at all. So the warning here is do not believe it when you are told you timeshare is worth thousands, check out ebay, they can’t even give them away.

If you require any further information about this or any other matter, or need any help in finding out about any company you may be thinking of doing business with, Inside Timeshare will be pleased to help. Remember being forewarned is being forearmed.

research

What a Week for CLA and Their Clients!

Once again those intrepid and tenacious lawyers from Canarian Legal Alliance have struck again, this week has seen another 4 victories for their clients in the Spanish lower courts and Supreme Court.

CLA Logo

The week started off with a victory at the High Court number 5 of Las Palmas, 10 October, in this ruling the court upheld recent Supreme Court rulings on contracts involving “Floating Weeks”. As these weeks are sold without a fixed date or apartment number the contract has been declared “null & void”.

The judge in this instance has ordered Anfi to return to the English client over £10,192 plus interest, they will also receive back all their legal fees.

 

In another victory this time against Club Class (Great British Marketing SL), the Court of the 1st Instance of Arona in Tenerife, 12 October,  has ordered the repayment of 13,722€ plus interest. The contract has also been declared “null & void”.

 

On 13 October CLA announced their 24th Supreme Court victory, once again it was against Anfi.              tribunal supremo

 

In this ruling the court ordered the return of 49,791€ plus interest and the return of all legal fees, they also ruled that the contract was “null & void”. Again the court reiterated its stance on the selling of “Floating Weeks” by any timeshare company as illegal. The criteria they used was that these weeks do not have a date for use or have an apartment number allocated, thereby the client is not guaranteed the holiday as they are subject to availability.

 

Then on Thursday 13 October, it was also announced that Resort Properties / Silverpoint must return over 20,000€ including interest and legal fees. The judge at the Court of 1st Instance Number 5, in Tenerife also declared that the contract was also “null & void” in accordance with all the Supreme Court rulings. So now the courts in Tenerife are following the judgements of the highest court in Spain.

 

Inside Timeshare has also had enquiries from Anfi members who have said that Anfi are contacting them and denying any court rulings having been made against them. They have even stated that no buyout by Lopesan has taken place, all this even after being plastered all over the Spanish and European press.

It must also be asked why the trade body the RDO is also taking the same stance as Anfi in regards to Supreme Court rulings?

As a trade body, they do have a duty to their members, but they also have a duty to the owners of their members products, ensuring that all laws and regulations are complied with. If the RDO had sanctioned their members in the past for disregarding the rules, then somehow I don’t think we would have the situation we see today.

So it is congratulations to the clients and the legal teams who worked so hard to achieve these results for their clients. With still over 100 cases waiting to be heard at the Supreme Court, we will see even more cases such as these in the coming months.

If you have any questions about this or any other article published, Inside Timeshare will be pleased to help. Contact us through the comments section and we will get back to you. Have a good weekend.

weekend01

Claiming Money Back From Your Credit Card.

There is a little tool that many people can use to get money back from companies they have paid, then never received the goods or services paid for. It is called Section 75 of The Credit Consumer Act 1974.

 

The law was put into place as protection for the consumer, it is not a case that your credit provider is doing you a favour, they are equally liable for the money if anything goes wrong. There are certain rules that govern this, provided you have paid using your credit card any sum over £100 you are covered for the full amount up to £30,000, even if you paid the balance by cheque or transfer.

 

Where I have seen this has been mainly in the holiday ownership area, mostly with resale companies. How many of you have paid a company to sell your timeshare only to find that in a year’s time they have disappeared?

closed

 

If this is the case you can claim this back from your credit card company, as they are  “jointly and severally liable”. The criteria for this claim is you have never received the goods or services promised, i.e. the sale of your timeshare. The company is no longer around or has gone into liquidation and or it was a fraudulent transaction under timeshare directives. This last point is using the EU Timeshare Directives about resale companies taking upfront fees, this is not allowed, the same as taking deposits within the cooling off period.

 

Many companies get around this by saying it is a marketing fee, in order to put your timeshare on a higher profile. Even RDO & TATOC members use this. To me it is still taking upfront fees to sell your timeshare. But this is obviously a point for those with legal brains to argue. At the end of the day there is no resale market, just look on ebay, people cannot even give them away.

 

Another area that section 75 has been successful, is with the various holiday clubs that have been around. Several years ago Incentive leisure Group / DWVC and Club Class were taken out of business by the authorities in the UK. Many people had paid thousands to join these so called clubs with the view of being free from their timeshare and maintenance.

Keep Reading

What is a Flybuy?

Have you had a call offering a cheap holiday at a quality resort?

Did it sound tempting?

Did you think it was too good to be true?

Was it one you found on the internet?
bedroom

The chances are it was a promotional holiday run by lead generating companies. These are what are known as “Flybuys”. The whole point is to provide another company such as a holiday club or timeshare with potential customers.

 

In order to qualify for this amazing offer you have to meet certain criteria, be between certain ages, have full time employment, have a certain income and also be either married at least 3 years or been a couple for this time.

 

The terms and conditions which if you actually read them are rather interesting. I have read three from different sites and they are worded almost the same, as if it is the same person writing them. As many of these companies are linked this may be true. Failure to comply with any of these terms and condition could result in the loss of the accommodation or incur severe charges.

 

Another condition is that you must attend a some kind of meeting. Obviously a “Sales Presentation”. Kate Palmer of the Telegraph did a piece about this in March 2015. (see link below).

 

http://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/11496625/Return-of-the-timeshare-The-bargain-holiday-where-you-cant-leave-the-hotel.html

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These holiday offers are nothing new, Timelinx used this offer with calls to owners of timeshare, offering Bonus Weeks. Once the offer had been taken the unsuspecting owners were then pitched for the DWVC Club, with them taking the timeshare off their hands and issued with the Cashback Certificate. We all know what happened next. The cashback certificate was worthless, you then found out a few years later on receiving a maintenance bill that the timeshare was never transferred. those  great deals you were shown were never there as the small print said “Subject to availability”.

 

The other company using this idea was Club Class, they used the same tactics of Cashback  great discounts and being rid of your Timeshare.

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