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Court of First Instance

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, it is not the article we originally planned as other events have taken over.

Firstly since Irene sent this article we have received some very sad news, Irene’s brother has sadly passed away. Inside Timeshare, along with all our readers and contributors, the staff at Canarian Legal Alliance send our deepest sympathies and condolences to Irene and all her family. Our thoughts are with you.

condolences

As we said last month, the time has come when all the new companies and some of the older ones will start to contact timeshare owners. This is usually the time it starts as the annual maintenance bills are starting to come through the post.

Inside Timeshare has been receiving many requests for information on these, most are for so called claims. It is surprising how many owners are being told that they have a claim for miss-selling, even though they purchased in places like Mexico.

Appointments at various offices around the UK are being arranged, but beware, these “claims” will result in either the purchase of another product, the offer of relinquishment and then a claim on a no win no fee basis. This will cost thousands of pounds, the claim will more than likely be under Section 75 of the Credit Consumer Act 1974. If the purchase was more than 6 years ago you cannot claim. If you have used your timeshare there is no claim, even if you have never used it you will not have a claim as it was available.

Section 75 only cover the following:

  1. You have not received the goods or services paid for
  2. The company goes into liquidation
  3. The goods are faulty
  4. The company turns out to be fraudulent

section 75At present the only successful claims have been through the Spanish Courts, where the timeshare laws are very strong. So unless you purchased in Spain since 1999, you will not have any basis for a claim and this will have to go through court.

So beware of these companies that say you have a valid claim, check and double check the facts.

On the subject of court cases, the following were announced during the course of this week.

The Court of First Instance Number 4 in Tenerife has found against EZE Group, at present we do not know what the infractions were, no doubt those will be released soon. But the court has declared the client’s contract null and void with the return of over £52,000 plus legal interest.

In another case on Gran Canaria, the High Court has found against Puerto Calma Marketing SL and Vista Amadores SL, which are all part of Holiday Club. In this case the Norwegian clients will receive over 57,000€ plus legal interest, they also have had their contract declared null and void. (The full sentences can be read in the attached PDF)

HC N2 PUERTO CALMA, sentence

These two case were brought on behalf of the clients by non other than the lawyers of Canarian Legal Alliance.

So now on with our shorter article from Irene.

Rather than rush through an article for our regular Friday Letter from America, I would like to reach out to all Inside Timeshare readers who have reached out to us burdened with timeshare loans, credit cards and maintenance fees as a result of medical and financial hardship.

Charles Thomas was not able to complete his trip to Orlando due to problems with Spain’s electronic VISA service. Little did I think the room we had booked for Charles at Diamond Resort’s Mystic Dunes would become part of a Hospice end of life plan for an immediate family member.

Life tends to throw us a few curve balls. My brother entered Hospice near his 86th birthday this month near Orlando. We were able to provide my other brother and his wife Charles’ room as my brother and I kept nightshift watch over our older brother at Good Shepherd Hospice.

The experience led me to think about all the timeshare members who have contacted me under similar circumstances burdened by cancer, a diagnosis of dementia, Bell’s palsy, concussion, loss of a spouse or loss of job or divorce leading to financial hardship. I thought about how much more difficult this family crisis would be if I had a timeshare debt collector calling on top of all this. The majority of readers allege they were deceived into buying points or more points told this would alleviate timeshare expense because of maintenance fee relief programs or selling points programs that do not exist. It is my deepest desire timeshare companies will look upon the financial devastation the lack of a secondary market and the actions of unscrupulous sales agents can cause.

The industry reaction is often to behead the messengers. All of our readers who have followed us and submitted articles as a Contributor are messengers. There has been a glimmer of regulatory action and Social Media no longer keeps victims isolated and silenced. In an earlier article, I reviewed Jay Baer’s book Hug Your Haters describing how Social Media is changing the face of Customer Service. Mr. Baer is scheduled to be keynote speaker at the upcoming Interval International Shared Ownership Conference attended by developers and private equity firms. It’s not your grandma’s timeshare anymore. Timeshare is big business and, in my opinion, for some companies it is motivated by greed. Deceit is also so ingrained it is accepted and encouraged top down. No one disputes there are honest sales agents who sell the product without misrepresentations, but with rising default rates, there is another reason for developers to listen to Mr. Baer because as he warns, “Haters are not your problem….Ignoring them is.”

jay baer
Jay Baer

As always, thank you Charles Thomas for being our voice for members who have been voiceless for too long.

http://insidetimeshare.com/hug-haters-part-ii-customer-service-message/

Thank you Irene, our appreciation for sending this article through under the circumstances, we all wish you and your family well.

Now to end this week, remember to check any company that you are dealing with, if you are not sure how to do this contact Inside Timeshare and we will point you in the right direction.

Have a good weekend.

weekend cat

hello october

First Monday of October

Welcome to the first Monday of October, if last month was anything to go by, we think that this month is going to be rather busy. Inside Timeshare will be travelling to the US at the end of the week, while there we will be meeting with our US colleagues all arranged by Irene Parker. It should prove a very interesting trip, we also hope to carry on publishing while there.

Before we continue, Irene has sent the latest update from the US on the atrocity committed in Las Vegas, the toll has risen to 50 dead and over 400 wounded. Inside Timeshare on behalf of all our readers send our sympathies to those bereaved and wish the very best and a speedy recovery to those injured. You are in our thoughts. It is a sad world we live in today and this makes our timeshare problems seem paltry in the light of these events.

with you

Last Month, we highlighted several new “claims” companies, along with the new incarnations from Litigious Abogados, no doubt there will be many more coming to light as the month progresses. We are just wondering on what the new names will be?

Over the last month we have had many emails on the articles published, especially on the fake firms, but many from the US who have watched our midweek reports and Friday’s Letter from America.

The US readers have all identified with many of the stories published, these have been passed to our Advocates who then make contact. Many of the stories are very similar, all revolving around the overselling of points and the use of the Diamond BarclayCard. It is frightening to see how many of these readers are elderly and how they are being treated by unscrupulous sales agents. Things do need to change.

Last week Canarian Legal Alliance sent in several of their latest court victories, some arrived after publishing.

On 26 September, we published their 61st win at the Supreme Court, since then there have been two more bringing the total to 63! Details have yet to be published.

They finished off last week with two more victories on behalf of their clients, the first was at the High Court Number 4 in Fuengirola, Malaga.

This was against Petchey Leisure, the contract was declared null & void, again it was in contravention of law 42/98. In this ruling the court declared that the contract did not specify certain information required by law when the contract was signed and issued. These specifics included, lack of information such as date time and location, which should be clearly indicated in the terms and conditions. The court awarded the client over £14,000 plus legal fees and legal Interest.

Just to end the week on a high note, they also announced another ruling against Silverpoint in Tenerife. The High Court Number 3, once again declared the contract null and void, awarding the client over £39,000 plus legal fees and interest.

In this ruling the judge used the timeshare law 42/98 regarding the length of the contract, which must be no longer than 50 years and must be clearly stated in the terms and conditions.

In today’s press release, they announced a verdict from the Court of First Instance in maspalomas, this was against Palm Oasis (Tasolan).

The German client has been awarded the return of 31,220 German Marks (yes you did read that correctly, it was purchased before the Euro). They have also been awarded maintenance fees and legal interest, with the contract being declared null and void.

So that is the start of this week, it just remains to be seen what other news come to light as the days pass.

It only goes for us to say as usual, be careful on who you do business with, if you do not know how to check out the validity of a company, contact Inside Timeshare and we will point you in the right direction.

 

letter from america

Friday’s Letter from America

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

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

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

08713 581033 to confirm with HMRC

0034 602489947 for the Malaga Court

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

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

As we published before

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

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

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

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

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

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

Now on with this week’s letter.

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

money tree

By Mike Finn, Finn Law Group

Originally published by Inside the Gate

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

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

September 14, 2017

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

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

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

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

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

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

Texas Real Property Foreclosure

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

Personal Property Disposition in Texas

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

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

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

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

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

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

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

What If I Believe the Sale Was Not Commercially Reasonable?

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

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

Back to Texas

Comparison of Texas Foreclosure Procedures for Real property and Personal Property

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

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

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

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

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

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

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

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

Wait a minute here!

face

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

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

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

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

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

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

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

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

light bulb

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

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

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

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

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

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

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

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

Back to Mike

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

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

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

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

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

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

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

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

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

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

Respectfully submitted,

Michael D. Finn, Esq.

www.finnlawgroup.com

michaeldfinn@finnlawgroup.com

work desk

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

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

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

weekend02

letter from australia

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

 

6-pillars-with-text

Hug Your Haters Part II: A Customer Service Message

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

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

But first some of the latest in Europe.

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

Court Masp

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

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

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

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

Now on with Irene’s article.

Hug Your Haters Part II

My Marriott Customer Service Experience

testimonials

By Irene Parker

August 29, 2017

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

 

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

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

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

A Lesson for Other Timeshare Companies

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

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

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

marriott rewards

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

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

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

Onstage Haters compared to Offstage Haters – Chapter 7

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

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

create

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

Bluegreen and Diamond Resorts Advocacy Facebooks

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

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

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

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

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

change

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

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

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

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

help

tribunal supremo

Timeshare In the Press

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

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

eldiario

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

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

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

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

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

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

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

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

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

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

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

miguel1
Miguel Rodriguez Ceballos

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

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

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

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

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

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

letter from america

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

 

Digging deeper to the truth this person finds nothing but lies.

Truth, What is Truth?

Over the past few weeks, Inside Timeshare has received many enquiries regarding Anfi and who is telling the truth regarding the court cases and Supreme Court rulings. Many of these questions have been coming from Anfi members themselves, having received emails and letters from Anfi who deny anything is going on. So the question is what is the truth?

According to a letter sent by the CEO of Anfi Group in June, which we published in the following article:

http://insidetimeshare.com/anfi-ceos-letter-members-desperation/

mahatma-gandhi-quote-an-error-does-not-become-truth-by-reason-of

Anfi deny any wrongdoing, they continue to state they are not losing court cases, that the Supreme Court stated that Anfi were acting in good faith when selling perpetuity contracts. This in itself is a little strange as the Supreme Court has verified that the law 42/98 which states that contracts must be of a maximum 50 years, is correct. In other words why would this court say that perpetuity contracts are illegal, then on the other hand that Anfi acted in good faith?

According to the CEO, Anfi members are asking for their help in getting out of court cases instigated by various law firms, again this does not ring true, after all having used legal services in the past, you employ the law firm, if you wish to withdraw that is your right. You don’t need any help, especially from Anfi. Is this yet another deception?

In another section of his letter he goes on to say the Supreme Court agrees that any member who has had their contract declared null & void should in principle pay for past holidays taken. Inside Timeshare has not seen any evidence of this, in fact this point has been going on for some time, with even the RDO publishing their support for this. Again it is another ploy by the timeshare industry to save itself!

We won’t dwell on the CEO’s letter as you can read the previous article.

Another couple contacted Inside Timeshare after receiving an email about their own membership. It would seem this particular couple are not happy with their purchase, and wish to terminate the agreement. It starts by stating that Anfi does not consider their contract to be illegal until a court deems it so.

Again this flies in the face of previous statements, that their contracts are legal and it is the courts that have got it wrong, the truth is, the courts have found the contracts have infringed the timeshare law, is this another untruth?

In this email Anfi state once again that they are not losing, that cases which have been lost at the Court of First Instance are going to appeal. Yes they may be going to appeal, but only to prolong the process. After all, now that the Supreme Court has made 57 rulings against various timeshare companies, of which around 32 have been made against Anfi, all the courts must abide by them regardless. If the law has been broken then that is that!

On the point of one part of the law, the taking of deposits within the 14 day cooling off period, in this particular email, Anfi deny taking any deposit for the sale of the timeshare. They say they have a signed reservation form for so many nights accommodation at their Hotel Gran Anfi. Hang on a minute, is it not a timeshare resort?

Regardless of that point, according to them there is no mention on the documentation that it forms part of the payment for membership. Bit of a moot point there, after all the timeshare law states that no payment shall be taken on the day the contract is signed, even by a third party. So one could interpret that as the payment taken at the time of signing, even for accommodation, is payment to a third party! We’ll leave that one for the judges to decide.

legal clipart

The tone of the email is not very pleasant, the writer states “Our company is strongly focused on the future, and the goal is to have only loyal members”, well not very conducive to customer relations, would you not agree?

Well, let’s get down to some facts, Inside Timeshare during its investigations over the months has come up with the following figures. These may just be a little out of date as they were compiled some months ago and many more court cases have taken place since.

Cases lost by Anfi upto June 2017

Court                                              1st Instance                2nd Instance           High               Court Supreme
2015                                                      11                                      2                         18                               3

2016                                                       8                                      0                         17                              27

2017                                                       9                                       1                           4                               2
______________________________________________________________________
Total                                                     28                                     3                         39                              32

Remember, it was in March 2015, that the first Supreme Court ruling was made against Anfi, this was the case of the Norwegian lady Mrs Tove Grimsbo. Or is this another fact that Anfi are not acknowledging?

It is estimated that since January 2015 the courts have awarded over 3,435,974.56€ to former Anfi clients.

Only last week one client was awarded their purchase price back, 27,895€ by the Court of First Instance Number 2, in Maspalomas. That same court also ordered that double the deposit was to be paid back which amounted to 28,611€. Plus the legal fees, so this client receives back more than they originally paid. The infringement was again for a contract in perpetuity, longer than 50 years, so again another untruth told by Anfi that their contracts are legal!

Also we must ask about the recent Anfi vote, which asked members to vote for new contracts which comply with the law, it goes against what the CEO and the writer of the email state, that their contracts are not illegal.

Follow the links below for previous articles on this vote.

http://insidetimeshare.com/anfi-sgm-what-are-they-up-to/

http://insidetimeshare.com/anfi-special-general-meeting-vote/

In the article on the last link there are figures that were supplied to Inside Timeshare that show payouts, cases won, closed and ready for execution. We leave it to you the reader to decide what the truth is, we already know.

truth

letter from canada

Friday’s Letter From Canada

Welcome to the first Friday’s Letter From Canada, Inside Timeshare is pleased to give a warm welcome to Club Intrawest Owners Group who have contributed this week’s article. As Usual we start off by looking at the European timeshare scene.

At the moment, which is nothing unusual for this time of year as it is rather quiet, that will change after the summer holidays when the maintenance bills start to arrive. That is when we start to see a lot of new or resurrected bogus companies start to appear.

bogus clipart

On the legal front, the courts in Spain have been very busy, with an almost daily announcement of cases being resolved. At the moment there seem to be two companies in the firing line, Anfi in Gran Canaria and Resort Properties / Silverpoint in Tenerife.

Anfi, which was the dream project of the late Norwegian Bjorn Lyng, who wanted to build a resort which was pure luxury, has for some time been on the receiving end of many claims for breaches of the timeshare law.

Many of these, involve the taking of deposits within the statutory 14 day cooling off period, contracts with a duration of more than 50 years and the floating weeks and points systems.

This week the Court of First Instance in Maspalomas has ruled on two case to the value of 44,131€ and 35,485€ respectively. In both cases the contracts have been declared null & void.

Resort Properties / Silverpoint have also had several rulings against them this week.

The first was at the Court of First Instance in Arona Tenerife, the judge ordered the return of £22,736, this was followed by a Supreme Court ruling with the judge ordering the return of 37,400€.

Tenerife

We then had another Court of First Instance ruling of around 25.000€ and as we go to print our sources in Madrid have informed us of another 3 rulings by the Supreme Court. At the moment we have no idea of the amounts involved, but we do know that all contracts have been declared null & void.

On the fake law firm front, one gentleman has had lucky escape, he received correspondence from Armando Gareca Abogados, part of the Litigious Abogados family, who we highlighted sometime ago. He received notification to pay the initial procurador fees to get the case into court, but something made him suspicious. He did a search on the internet and found the articles posted on this website about them.

Needless to say he realised he was about to be the victim of an elaborate scam and has not gone ahead. He sent a message of thanks as this has saved him not only a substantial amount of money, but a lot of stress. This does go to show that you must do your homework before engaging with any company, especially if they have contacted you with a story that sounds too good to be true.

homework

Tauro Beach

The Anfi man made beach project.

It has been awhile since we had any news on this sorry subject, so here is the latest.

As we previously reported the beach has been fenced off denying access to the public, with security guards and police removing anyone who entered the beach. Although recently massive crowds have flocked to the area in defiance, a new strategy has now been implemented.

This new move has also had the impact of denying access to the homes of people who live there, all paths and access roads have now been blocked with rocks and other implements. Videos and photographs have been posted on facebook by one resident who has been campaigning against this project from the start and also published in laprovincia a Spanish newspaper.

This is another example of how a timeshare company behaves, not just to it’s own members but to the local community. It is also an example of how elected authorities view the people they are supposed to serve. Please show your support for the people and post your comments on the links.

Follow the links to view the posts from this local resident and the La Provincia newspaper.

http://www.laprovincia.es/gran-canaria/2017/07/20/grupo-anfi-cierra-acceso-playa/961620.html

https://www.facebook.com/naiana.rguezllavata/posts/1491927374183912

https://www.facebook.com/naiana.rguezllavata/posts/1492232357486747

Now on with our latest contributors.

Club Intrawest v. Canada

Club Intrawest (Embarc)Timeshare

Must Pay Millions in GST Back Taxes

Following Recent Federal Court of Appeal Decision

gavel

July 21, 2017

On July 11, 2017, In a decision that will likely affect all timeshares and owners of timeshares with properties located in Canada, the Federal Court of Appeal set aside the Tax Court of Canada’s decision in the case of Club Intrawest v. Canada. In doing so, the Court of Appeal substituted its own decision to refer GST assessments back to Canada Revenue Agency for reassessment of GST just for services supplied in Canada in relation to vacation homes situated in Canada.  Federal Appeal Court Judges Nadon, Gauthier and Dawson agreed with the Tax Court’s finding that a principal-agent relationship does not exist between the club and its 22,000 members. This decision also confirms that members of Club Intrawest (now re-branded Embarc by Diamond Resorts International (DRI)) do not hold beneficial ownership in the real estate and equipment in vacation home resorts and do not control the Club.  The Court found that members merely own a right of occupancy in exchange for their resort points. This contradicts sales presentations, financial and marketing materials by Intrawest Corporation (“Intrawest”) and now DRI, to the effect that members have beneficial ownership of vacation homes and control the Club through election of the Board of Directors, responsible for managing the Club’s operations.  The ruling will require the club to pay reassessed GST back-taxes for tax years 2002-2007. The GST/HST tax liability for tax years 2008-2016 is unknown at this time.  All timeshare owners with vacation homes in Canada may be impacted by this decision and may also see themselves assessed for back taxes on the supply of services in Canada related to vacation homes situated in Canada.

“Based on a detailed survey answered by more than 400 members, I expect that the majority of our members will be shocked and disappointed that the court found that members have no beneficial ownership in the vacation homes.  About 79% of them remember being told by Intrawest and DRI sales representatives they would own a real estate interest in the resort properties. About 91% of members also remember they were explicitly told that members controlled the Club and that resort properties were vested in a trust for the benefit of members. The Federal Court of Appeal now tells us that no evidence was produced that ownership of these homes has been vested in a trust for the benefit of members”, says Patrick Cormier, Volunteers Team Leader of the Club Intrawest Owners Group (Embarc), (CIOG) a grassroots movement of over 3400 members.  “However, it seems clear that the Intrawest/DRI-dominated Board of Directors anticipated the GST liability all along since it began accumulating a C$14 million reserve from members’ resort fees under a 2011 Board resolution without informing members until the CIOG raised the GST issue with the Board in 2016”.

Club Intrawest was established by Intrawest Corporation in 1993 as a stand-alone not-for-profit Delaware corporation, but with Intrawest in a controlling position. Intrawest ensured they had control of the Club in several ways, including by granting themselves (as “Declarant” member) a 15 times voting power advantage over individual members guaranteeing Intrawest and now DRI, ongoing and complete control over all aspects of the Club.  In addition, Intrawest and now DRI voted in their own employees on the Club’s Board of Directors to maintain a controlling majority on the Board, hired themselves as manager and pay themselves a guaranteed 10 to 15 per cent management fee on all financial transactions.  Club Intrawest (Embarc) members have no control of the club or effective means for recourse, even though members, other than DRI, own 95 per cent of the timeshare points.

About the Club Intrawest Owners Group (Embarc), (CIOG)

The CIOG is a grassroots movement of over 3400 members who are banding together seeking fairness and transparency in their Club’s operation for all 22,000 members.  The CIOG is disputing and challenging unfair actions of Intrawest Corporation, Diamond Resorts International and their domination of the Club’s Board of Directors and Management Company. The CIOG came together as a volunteer group in December 2015, following Intrawest’s announcement of the sale (without member input) of Club Intrawest’s management to DRI. Following the sale, DRI rebranded the club to Embarc and fully controls the not-for-profit timeshare.  For more about the group, visit

www.citheownersgroup.org.

Judgment of Federal Court of Appeal:  see link

http://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/232795/index.do

canadian flag

Clearly this is an evolving story. Inside Timeshare will continue to monitor and report ongoing developments.

Other member sponsored Diamond Advocacy groups include:

DRIP launched by over 1,000 British Diamond members

http://drip.enjin.com/

Diamond Resorts Owners Advocacy Group and because timeshare concerns are bigger than any one resort Timeshare Advocacy Group ™

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

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

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

Some of the points in this article regarding the judges decisions are very similar to those from the Supreme Court in Spain. Especially on the system of “points”. The Spanish Courts also agree that they are not owners but members with only a right to use, it makes us wonder if the Spanish rulings may have had an effect on this?

Anyway thank you to our Canadian cousins or should we say “Canucks”, we look forward to more contributions from you. Also a great big thanks to Irene who is helping to make this happen. It is through articles like this we make the world smaller and help timeshare owners no matter where they are. So welcome to the global timeshare family from, The Philippines, Australia, USA and Europe. We now need some from South Africa!

Have a good weekend and don’t forget to do your your homework!

weekend cat

letter from america

Friday’s Letter from America

Welcome back to Friday’s Letter from America, last week we did change it to Australia to welcome our Aussie contributor Justin Morgan with his first article, which happened to coincide with Irene Parker’s first anniversary. Today we hear from our first Bluegreen owner, who also happens to be a detective in law enforcement, so this proves that all are vulnerable to the smooth talking sales staff.

Irene reported just as we were about to publishing today’s article, that four Diamond Members have been able to resolve their vacation issues this past week. Members tell us they appreciate having a human instead of a department to talk to. Previously members complained of continually having to start over with seemingly endless departments.

We hope other timeshare developers follow suit as timeshare complaints are widespread.

Now we have a look at what is happening in the European world of timeshare.

The National Police in Spain have busted a major scam being run from the Costa del Sol, they raided several premises and homes in the Velez Malaga – Torre del Mar area. Around 40 were detained, they included a husband and wife, son and daughter-in-law, along with it is reported two lawyers. The detained are mainly British, who have run several businesses in the area over a number of years, these targeted mainly British timeshare owners.

Police raid

The scams involved timeshare resales, holiday packages and discount clubs, this has over the years netted millions of pounds, with the police recovering around 100,000€ in cash, expensive watches, jewels and several high end cars.

It is believed the companies, which are well known by Inside Timeshare and other similar sites, are, Halfmoon Holdings, Excalibur Sales & Marketing, Blue Chip and Rosedale Marketing. The only problem is, when one of these raids takes place and they are put out of business, there are many others ready and waiting to fill the gap. No doubt, we will see a series of companies offering to help victims get their money back, for an upfront fee obviously. So readers beware!

Follow the links to read the stories in the UK tabloids.

https://www.thesun.co.uk/news/3952419/dozens-arrested-over-timeshare-scam-that-saw-500-brits-conned-out-of-life-savings-in-multi-million-pound-costa-del-sol-racket/?utm_source=TWITTER&utm_medium=social&utm_campaign=SprnklrSUNOrganic&UTMX=Editorial%3ATheSun%3ATwImageandlink%3AStatement%3ANews

http://www.mirror.co.uk/news/uk-news/costa-del-sol-cops-uncover-10745713

On the legal front, it looks like those lawyers from Canarian Legal Alliance have been busy this week, with several announcements of cases won.

We started the week with a judgement from Tenerife against Resort Properties / Silverpoint followed on Tuesday with news that the Court of First Instance in Maspalomas GC, awarding a client who purchased at Anfi, over 59,000€ with their contract being declared null & void. Once again the court ruled that the contract was longer than the stipulated period of 50 years.

On Wednesday, the Court of First Instance in Arona Tenerife, again found against Resort Properties / Silverpoint, in this case the judge ruled the contract was missing information which is required by law, the period again was longer than the 50 years allowed, plus deposits were taken within the 14 day cooling off period.

The British client will now receive over £14,000 plus legal interest and has had their contract declared null and void.

On Thursday there were two announcements the first from Tenerife, the Chayofa Golf & Tennis Academy, was ruled against by the Court of First Instance, the contracts signed under the company United Sales 1997 Ltd were declared null & void. Again the infringements were the perpetuity contract and the illegal taking of deposits, the client will now receive over £9,000 plus legal interest.

Malaga Court

The second was from the High Court in Malaga, Club la Costa was found guilty with the contract being declared null & void. One of the main aspects of this case is the company is a UK registered Limited one, Club La Costa Leisure Ltd, which was probably an attempt to bypass Spanish law. As we have seen in the past, some companies have used this along with the clause that “this agreement and contract is subject to UK law and the jurisdiction of UK courts”, but it is evident now that this does not wash, if the timeshare was sold and the contract was signed on Spanish territory, then clearly Spanish law will apply.

Now on with our US Article.

A Bluegreen Member Responds to Timeshare Advocacy Group™

A detective shares her Bluegreen Timeshare experience

Complaint queue

By Irene Parker

Friday July 7, 2017

Typically our Inside Timeshare readers don’t contact us to report positive timeshare experiences so our email inbox often looks like the cartoon above. Today we hear from a Bluegreen member who found promises made did not meet what was purchased. Not as familiar with Bluegreen we checked internet sites and determined Bluegreen is a company that could use a customer satisfaction evaluation.  

Bluegreen members can join a member sponsored discussion Facebook consisting of 770 Bluegreen members. More and more timeshare members are launching sites where members can advise other members.

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

Timeshare Advocacy Group™ is an umbrella organization consisting of volunteers stretching from the EU to the US and beyond including contributors from the Philippines and Australia. A few complaints have little or no effect, but a volume of complaints, especially directed against individual sales agents, can paint a pattern of deception.

A complaint process has evolved over the past year. Working through resort representatives, volunteer Advocates assist other members as we work through the “3 Rs or F of Timeshare” – Resolution, Relinquishment, Refund or Foreclosure.

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 serve your best interest. I have not been able to get the $7 donation removed from my account.   
  • 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. Given the CFPB’s diminished capacity, 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 efforts. http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617
  • Become an Advocate for change by assisting other members with the process outlined above. Encourage others to stop venting and act. This is one example of a military family that was able to resolve their dispute through Timeshare Advocacy Group™ http://insidetimeshare.com/consumer-protection-week-usa/ and a hat’s off this 4th of July week to all those who serve in the military.
  • Last on the list is 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. Tennessee, Colorado, New York and Arizona are four states where Attorneys General have opened timeshare investigations       

law enforcement

Our Bluegreen member complainant works in law enforcement. Lela Renea is a detective appalled that, even though she works in law enforcement, alleges she became the prey.   

Lela purchased 6000 Bluegreen points in Las Vegas March 2015 for $8,200. Lela alleges she was a victim of deceit and bait and switch for the following reasons:

  1. 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.
  2. 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.
  3. Lela was told the Barclaycard had a low interest rate of 5% when in actuality it was 25%.
  4. Lela was not told she was entitled to 4000 bonus points. The points expired before she was aware of them.
  5. Lela was promised availability she says does not exist.
  6. Lela was showed a Presidential Suite that was said to be comparable to all Bluegreen accommodations.
  7. Lela was not aware she had purchased so few points it was almost impossible to find adequate availability.

Lela has sent Bluegreen a demand letter requesting a refund. She will be filing complaints with regulatory and law enforcement agencies if her demands are not met. Lela will become an Advocate.

Lela’s friend and co-buyer contacted Pinnacle Vacation to do a transfer but Lela is worried Pinnacle may be a scam.

https://www.complaintsboard.com/complaints/bluegreen-vacation-club-c4809.html

lawsuit

The following lawsuit was filed against Bluegreen but was dismissed October 2016. It voices many of Lela’s complaints. Again, the problem is the oral representation clause that timeshare attorney Mike Finn of the Finn Law Group has frequently described as “a license to lie”.

The BlueGreen Vacations Timeshare Sales Tactics Class Action Lawsuit is Kyle Miles, et al. v. BlueGreen Vacations Unlimited Inc., Case No. 1:16-cv-00937, in the U.S. District Court for the Eastern District of California.

The plaintiffs are represented by Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC.

BlueGreen Vacations Unlimited Inc. has been hit with a class action lawsuit that accuses the timeshare company of using “hard sell” tactics and misinformation to convince consumers to enter into timeshare contracts.

During the timeshare presentation, the plaintiffs were reportedly informed that, if they were not satisfied with the timeshare contracts BlueGreen was selling, BlueGreen would buy back the contracts.

According to the timeshare class action lawsuit, BlueGreen also misled the presentation attendees by representing that the timeshare contract’s maintenance fees would not increase, when in reality, the maintenance fees increase on an annual basis.

However, the plaintiffs allege that the terms that were actually contained in the timeshare contract are different than the terms promised during the timeshare presentation.

They also claim that they were pressured to open two BlueGreen credit cards and to put the entire $5,000 down payment on the cards.

advo

Our local Florida news station today reported vacation rentals, as opposed to hotel bookings, have increased from 50% in 2014 to 70% in 2016. Our readers continually express disappointment and dismay over what they describe as an escalation in deception and overly aggressive timeshare selling. These are mostly members who were happy with their timeshare until deception set in. We want timeshare to be a healthy and robust industry. If the developers and lobby organizations don’t heed the damage being done by sales agents “pitching heat”, one wonders how the industry can survive in the millennial’s world.

Inside Timeshare thanks Lela for coming forward. We look forward to a new collaborator as a lot of what we do requires the skills of a detective. It did not take long to explain the basis of an IC3.gov complaint to Lela.

So there we have it, another week over in the timeshare world, with some good news for many and the start of a judicial nightmare for others. Inside Timeshare thanks all those who sent in the information which helps to form our articles, again thanks to Irene for editing the US contributions, together we are making a difference.

weekend