Last week we highlighted the new Timeshare Association, which is linked to David Cox of TESS, we do know that he appears to have made up with Mark Rowe, as all posts he had slating his companies have been removed. But The Timeshare Association is inextricably linked to Timeshare Talk, a forum owned by Mark Rowe.
They have posted a list of who knows who by a gentleman called William Dobbs, (if that is his genuine name), this in itself is nothing unusual, in most industries many people will know each other. After all they may have worked together in the past.
The one problem with this list is the title, Who Knows Who, Ian Smart, this is what can only be described as very offensive to all who knew Ian Smart, I say who knew, as Ian Smart passed away earlier this year. So to use the name of a man who is no longer with us Mr Dobbs is to say the least sick. You should be ashamed of yourself.
Last week the following information came in after publishing Friday’s Letter from America, it was certainly a busy week in the Spanish Courts, and a rather expensive one for the industry.
No less than 16 sentences were passed by various Spanish Courts, they are as follows:
In all cases the contracts have been declared null and void and the amount of money the timeshare companies have been ordered to return is over 561,000€.
It was also announced by Canarian Legal Alliance that their Provisional Execution of Sentence team had also successfully had 2 more embargos place on Anfi cash accounts, securing the money for their clients.
Tomorrow Inside Timeshare once again publishes a revised article on How to File a Complaint, these articles are aimed at our American readers but are still of interest as you can adapt them to suit your own country and associations.
If you have any comments or stories you would like to share then use the contact page, also if you need to find out about any company that has contacted you or one that you have found on the internet, then get in touch and we will point you in the right direction.
Now we are in July the legal world will start to slow up in Spain, the courts are beginning to wind down for the August break, but there will still be some news as sentences are issued for cases previously heard.
In the Court of First Instance Number 4, in Maspalomas San Bartelomé de Tirajana, Anfi have been on the receiving end of a very severe sentence, this particular one shows the courts are not taking it lightly when timeshare companies break the law.
In this case Anfi have been ordered to payback double the amount paid within the cooling off period, this can range from 10 days to 90 days. The law states that no payment shall be taken within this cooling off period even by a third party such as a trustee, which many timeshare companies have tried to use to get around this law.
This follows the Supreme Court rulings which created jurisprudence in 2015 in favour of the clients. This has been confirmed many times in Spain’s highest court and has been followed judiciously by the lower courts.
The clients in this case have also had their contract declared null and void but will now receive over 63,000€ plus legal interest.
The Spanish Timeshare Law 42/98 has been in existence since 5 January 1999, yet until recently the timeshare companies thought they were immune, since March 2015 and the very first ruling by the Supreme Court, they have found they are not as powerful or immune from sanction as they thought. Now with around 124 rulings the odds are firmly stacked against all contracts which have infringed the law, leaving the timeshare companies to pay back millions of Euros to clients. (See PDF below for the full court sentence).
In further news from the Supreme Court, they finally issued their ruling in a case against Puerto Calma, in Gran Canaria. They have upheld previous judgement that the contracts which were issued were illegal under Spain’s Timeshare Law 42/98. This follows all other rulings from the highest court in Spain, declaring the contract null and void with the client being awarded over £11,000.
It looks like David Cox may have resurfaced, a new post has just gone up on his website, this lists “cases” won in court for his many clients since July 2017 upto April 2018. At first glance it does all look very impressive with the figure being shown, but it is when you actually start looking at the list the questions then begin.
Every single entry is worded the same, “Mr & Mrs X won damages, interest and costs in the amount of £xxxxx”.
There is no mention of which timeshare company, which court the case was held in and no mention of what the infringements of the timeshare laws had been. There is also no mention of which lawyers or law firm had conducted the cases.
Surely if you were looking for credibility you would show these details and the court sentence papers on at least some of the entries. So could it be as he has claimed of others that these are all Bogus?
Another fact which is rather disturbing is his companies adverts on the forum Timeshare Talk, which is owned by Mark Rowe. The reason this is disturbing is we all know that David Cox had a falling out with his former partner, posting many scathing comment about Mark Rowe companies, then they all disappeared!
Have they now kissed and made up, it certainly looks like it.
As usual we leave you the reader to make up your own mind.
If you want to know about any company that has contacted you or have found on the internet, then contact Inside Timeshare, we will help you get to the truth.
Join us tomorrow for our Friday’s Letter from America where we give you an update on “Sheilah’s Pencil Pitch” article, with an introduction by our very own Irene Parker.
We start this week with a look at some of the companies we have highlighted over the past few months, many of these are now going into liquidation. These companies are in most case only around two years old and began as “contract termination”with “no win no fee” claims once the contract has been cancelled. We also look at some of those that are under investigation or are in court and those that have even been sentenced.
First we look at RSB Legal, this company first came to our attention back in 2016, there modas operandi was very simple, once they contacted the timeshare owner the offer was to meet at one of their offices to discuss a “no win no fee” claim against the clients timeshare company. This soon turned into a pitch for the cancellation of the contract first, once this had been completed then the claim could go forward.
The one problem was they needed upwards of £6,000 to do the cancellation to be paid in advance, the claim would come later. The question that was asked was how was the claim to be made? After all it couldn’t go to court, especially if it was a timeshare bought in Spain, as once a contract is cancelled then no claim could be taken to court.
This left a Section 75 claim under The Credit Consumer Act 1974, against the credit card company or the finance company if it was purchased with a loan supplied by the timeshare company.
These were unlikely to have paid out, as with all section 75 claims you must show either: you have not received the goods or services paid for; the company has gone into liquidation; faulty goods unfit for purpose. This is fine if you are purchasing say a washing machine, but with a holiday product, especially a timeshare purchased many years ago, you will have used it and taken holidays. Even if the company no longer exists it would be difficult to get a payout.
Section 75 does not cover the misrepresentation of the sales agent at the time of purchase, if it is not in the contract it was never said!
The credit card provider will always contact the company involved to get their side, obviously, they will say that you have received the goods and services, after all you have used it. You may argue that you were unable to use it as you could not get the dates you required, the answer of the timeshare company is always going to be, sorry but these are always subject to availability, we did offer alternatives but the member didn’t want those. Hence claim denied.
Another twist is RSB Legal palmed off the cancellations to another firm Taylor Marshall Associates, a very clever move as if the contract wasn’t cancelled, no claim could be made against RSB Legal under section 75. They would claim that they have fulfilled their part of the contract and it was Taylor Marshall who had not done the work.
This is a scenario that we have seen on many occasions with many of these “Exit Companies”. Once it is passed over the client is then told that they should no longer pay their maintenance fees as their contract will be cancelled within weeks. The unfortunate thing is that nothing was done, the exit company did not carry out the work and the client ends up with several years of maintenance fee arrears. This has been the case with RSB Legal clients passed to Taylor Marshall, especially those members of Club la Costa. In this case CLC had informed RSB and Taylor that they do not recognise them, that they do not deal with third parties, but will cancel a membership directly with the member only and free of charge!
For those clients who have been through this, you can try a section 75 claim, but you should also report to Trading Standards and Action Fraud.
So it looks like all these companies were all working hand in hand, the unifying factor appears they all worked with or for RSB Legal. The unfortunate thing is that many people have paid and lost thousands, yet these companies are limited liability companies and go into liquidation after spiriting the money away leaving no way of retrieving what you have lost. It just makes you wonder what new companies and scams they owners are going to come up with next.
Since his last post on 29 March, there has been nothing new posted in his “news” section, he has gone very very quiet, it is rumoured he is trying to sell the company or even liquidate it. This will not be good news for those who have paid him for cancellation services.
To see the full story of David Cox, use the search box.
A good example is one reader, an elderly lady who saw one of his adverts in the Royal British Legion magazine, so naturally she thought it was genuine. The next thing is she had been sold Monster Credits. As we explained, just because the advert appears in a publication which we know and trust, does not mean it is genuine. After all, the magazine publishers need to sell advertising space to cover costs, they don’t check if advertisers are genuine, they only take the money.
Back in February we also reported on the jailing of several people involved in a long running timeshare scam, this revolved around the resale of timeshare. It then went on to contacting those who paid to sell their timeshare being contacted yet again, this time to get the money back from the original scam. There was then a third part, another company called to say they had been appointed by the Spanish courts to contact clients who had been scammed before, that there was money waiting for them and a tax needed to be paid to release the money.
The full article can be seen by following the link below:
There is still no news on the sentencing of Dominic O’Reilly or his Daughter Stephanie O’Reilly of EZE Group. From information received this may not be taking place until around September. This leaves it very difficult for those taken in by the Leisure Credits to be able to get their money back. When new information becomes available we will publish it here.
So, we are losing some of these companies, but how long before other surface to take their place, as always, beware the calls offering “no win no fee” claims, the guaranteed exit solution or the “fake”law firm that tells you a case against your timeshare company is about to go to court or has been to court. Check, check and check again, do your homework, contact Inside Timeshare if you want help in checking the validity of any company that has contacted you or even one you have found either on the internet or advertising in the press.
Tomorrow we publish another Tuesday Slot with Irene, this week it is about “Special Assessments” at the Americano Beach Resort.
One of our regular readers has sent in a link to another website giving David Cox a bashing, it certainly looks like he has annoyed a lot of people. Well that is not surprising, he does attack anyone with his ranting lies and false information, all to try and give himself and his company TESS Paralegal Services Ltd credibility.
This website which was registered at the end of March, is hard hitting and well written, the author or authors who have remained anonymous for obvious reasons, also seem to have a sense of humour.
It goes on to vilify his writing skills or rather lack of, calling him “Dyslexic Dave” and “David “The Dunce” Cox”, but it also explains that he is also under investigation by Avon & Somerset Police due to his dealings with Mark Rowe and Monster Credits. The article also asks the question why his rants against Monster have been removed from his website, after all he did even attack his former partner.
Inside Timeshare knows he has been sent legal notice of action to remove his posts, as yet no response from him has been received by Inside Timeshare or any of the other parties involved. No new posts have been published since the end of March, he just seems to have melted away into the shadows where he belongs.
He has duped timeshare owners all over the UK first with his ownership of the Timeshare Consumer Association, which was once run by the late and esteemed Sandy Grey, then using that platform to enhance his own business TESS. The people we feel sorry for are the poor consumers who have been taken in by this charlatan.
Click on the link below and have a bit of a laugh.
The Barrister for CLA has received the payment and this is now being transferred to the clients personal account. This is not the full amount as the court are still calculating other sums due the client.
It is obvious from this, the courts are taking a dim view at Silverpoints continual delaying tactics, which has resulted in delays and considerable court time in chasing up. There is also a system of embargoes which the court can enforce, this will freeze assets and bank accounts, allowing the court to withdraw the funds at their will.
Canarian Legal Alliance have also set into place a system where they now have lawyers whose task is to file these embargoes with the court and enforce the settlement in favour of their clients.
Silverpoint have a history of delaying and this is a clear warning from the courts that they will no longer tolerate this behaviour. It is a good sign for the many client that have cases against this company, speeding up the return of their money.
The scam is very simple and they are very adept at making consumers believe them.
The call comes from a woman (possibly Dutch) called Hope Brugge, in her call she seems to know many details, that the case is going to be heard in court the following day. The next call is to say that the court has found in the client’s favour and awarded Ex amount.
To have this money released the client needs to send an amount via bank transfer to an account in the name of an individual, they are using numerous accounts and names.
This is also backed up by fake but official looking paperwork, do not be taken in by them, if you do have a case with a law firm, contact them for verification before engaging with Hope Brugge and paying any money.
This is a very well laid out fraud.
If you have any questions or comments about this or any article published, then use our contact page and we will get back to you.
Been contacted by a company, found one on the internet and not sure if they are genuine, then ask Inside Timeshare, we will point you in the right direction.
Inside Timeshare has received information from one of our readers involving Silverpoint in Tenerife, it is to do with the so-called “Company Participation” scheme they have been selling.
In this scheme, the clients for considerable amounts of money, in many cases in excess of more than 150,000€, clients purchase not shares but “participations” in companies set up to hold “freehold” apartments, which will then be rented out by Excel Resorts. (Allegedly).
Having seen the documents for this scheme, it doesn’t leave much to the imagination that they are not in the best interest of the clients.
This reader has been contacted by Ali Farhoud one of Silverpoints sales people by email, in this he tells the client what we already know, that Excel Resort Management have cancelled the rental contract with Silverpoint.
This does look like Silverpoint are no longer in a position to generate a sufficient rental income to satisfy their contractual promise to their clients who have purchased the participation scheme.
Apparently Mr Farhoud told our reader that he had helped clients sell their apartments with genuine sales companies. But he also added that many companies had said that the apartments with leases concluded with Excel were not saleable.
He has taken on the services of a lawyer, (we wonder if it is the same one Silverpoint use), on behalf of the clients and that the necessary Power of Attorney was being sought from the clients.
Having studied this scheme and reading the documentation, it is Inside Timeshares opinion that extreme caution should be exercised before signing any power of attorney. Do not rely on any lawyer appointed on your behalf, as with any business or property transaction you should always engage your own independent legal advice.
Continuing with our David Cox/ TESS theme, we have just been told that it looks like Mr Cox is about to retire and that he is trying to find a buyer for his pathetic excuse of a company TESS Para Legal Ltd! To be perfectly honest who would purchase any company that has been associated with this individual?
It also begs the question where is this going to leave all his clients?
You have seen the list of his history with different companies, not the most impressive CV with many leaving debts in their wake!
He also seems to be a bit of a delusional character, a Walter Mitty if you like, according to Company House records he is Director of the following company:
According to the records the company is listed with its activities as:
80300 – Investigation activities
82990 – Other business support service activities not elsewhere classified
So does this mean he is also a “Private Detective”?
The address given is also very interesting, according to Google Maps and Street View, it is comprised of two rather large detached houses, number 39 and then number 41, two separate properties.
According to Zoopla, number 39 has a value of £411,000 and was last sold in August 2007. Number 41 has nothing listed for price or when last sold.
So either the registered address for his company is the two homes, or he has not been economical with the truth when registering his company!
On that point we leave it for you the reader to decide!
The Court of First Instance No 2, in Maspalomas, Gran Canaria, has just issued the following sentence. Anfi have been ordered to repay one of their clients a total of 70,000€ plus legal interest, with the contract being declared null and void. The infringement of the law in this particular case is the length of the contract, it was one in perpetuity, when the law only allows for a maximum period of 50 years.
If you have any questions or concerns regarding any part of this article, or would like to know where you stand with any product purchased, then use the contact page and get in touch.
Have you been called or found a company on the internet and want to know if they are genuine, then contact Inside Timeshare and we will point you in the right direction.
In response to Marcy’s comment about US Consumer Attorneys in Friday’s Letter from America, another Veteran has come forward worried about the $6,000 he paid US Consumer Attorneys after he was not allowed out of his timeshare. George Yamada served his country in Vietnam. He is 70% disabled, exposed to Agent Orange.
Inside Timeshare has heard from 44 veterans and Active Duty members of the military and law enforcement alleging timeshare fraud. Those who have put their life and health on the line for us should not have to suffer timeshare abuse that can ruin their retirement.
Last week after publishing Friday’s Letter from America, news came in of yet another Supreme Court ruling from Spain’s Highest Court in Madrid, Once again the lawyers from Canarian Legal Alliance secured the ruling against Silverpoint in Tenerife, making the number rulings from this court a massive 112!
The judges in this case ordered that the client be awarded over 80,000€ plus legal fees and legal interest, with the contract being declared null and void. So another happy ex-timeshare owner.
Considering the above and what has been published in the past, it seems strange that David Cox of TESS is still very quiet, still nothing published since his diatribe against Inside Timeshare, Canarian Legal Alliance and Praetorian Legal back in March.
Could it be he has run out of thoughts (not difficult for someone without a brain), or just forgotten how to write, not that he could write anyway, or is it he knows that he has landed himself in the proverbial legal dung heap!
We actually suspect that this enterprise is going the same way as all the others he has been involved with, LIQUIDATION!
I don’t agree with either comment, but it is also true there are many times it is cheaper to book online than use vacation points. My mission is to slow the growth of deceit and bait and switch tactics used to sell points, inspired by the evolution of the points based timeshare product.
Today Jenny Baldner shares her fair and balanced opinion along with her words of wisdom on how to dodge efforts to get her to attend sales presentations. Jenny is a Diamond Resorts member, but Inside Timeshare has heard complaints from members who own points of several timeshare companies. More than a few members have told us the only reason they want out is because of the herculean efforts of greeters to get you to sit down for that 90 minute presentation that can end up taking as long as nine hours. Nine hours has been the record so far.
The only comment of Jenny’s that I don’t agree with is “since we are stuck with it for life.” The old adage holds true. The only two things we are stuck with are dying and paying taxes. Developers are finally starting to wake up to the fact that ironclad one sided perpetual contracts, accompanied by rising maintenance fees, with little or no secondary market, are a one way ticket to disaster. As always, don’t pay anyone any money to get you out of your timeshare without checking with one of the self-help groups listed below or Inside Timeshare.
Three important considerations need to be input into Jenny’s model:
The age of the buyer
The initial investment
The interest rate – never finance a vacation at 12% to 18% for 10 years
We appreciate Jenny’s article submission. Due to the escalation in the number of comments and complaints Inside Timeshare receives, contributor articles allow Charles Thomas and I more time to answer questions and point members in the right direction in order to resolve their complaint. And I love to edit!
I see that a lot of people have experienced what we have. So, I wanted to share a few ways to evade the badgering of sales agents and other ways I get my money’s worth since we’re stuck with it for life.
We always check in late to avoid the rush. Sometimes we travel separately so I can say my spouse isn’t accompanying me on this trip. They leave you alone if your spouse isn’t with you.
Skip the concierge desk after checking in.
Don’t answer the room phone during your stay. Most of us have cell phones so you can go one step further and unplug the room phones which I have done if they’re persistent.
When they call your cell phone, make sure that you let them know that every day is booked with set activities. This is not a lie.
Program that number into your phone so you know not to answer it.
Kill them with kindness. “Thank you so much, I appreciate it but, No!”
We have way more points than we need every year, so I usually book extra rooms so families can join in on the fun. I supply the room and they either pay me money to go towards my maintenance fees, or they buy all the food while we’re there. They don’t have the money to buy or rent hotels or resorts. I always try to upgrade to get my money’s worth.
I got tired of feeling like I was being duped, so now I use a budget planner to track my maintenance fees and points. When I find a location using my points, I compare the market value of the resort as if I were to book the same room through booking.com, Trip Advisor, hotels.com, and so on. I make sure that when I book a room, I couldn’t get it cheaper through the market.
Lastly, I hate the way they sell you these timeshares! But, I have to admit I like the rooms and it forces me to take a couple vacations every year. If you have it, use it! Don’t lose your points. I have booked rooms for my friends and their families after they return from deployment. One year I even used it as my white elephant gift at work.
On another note…a few days after 1 January, I save my max points for the year. If I need them back because I went over the remainder to use, they just pull that amount back for your booking. You already paid your maintenance fees so you don’t have to pay anything extra. And then you don’t have to worry about forgetting to save your points by a certain deadline.
Below is a picture of this year’s budget. As you can see if I were to book these vacations without my timeshare it would have cost me an additional $2,552.79. The market tracker does include taxes and the additional resort fees we don’t pay.
I hope this helps you or someone. We started with Sunterra in 2006 and are now with Diamond Resorts.
Thank you again Jenny! Jenny worked as a Resource Advisor for a few years while in the Air Force and decided to take those skills and apply them to this. “Nothing worse than feeling like you were made a fool of,” Jenny added.
The consumer is not off the hook, but clearly more timeshare public awareness is needed to slow the volume of complaints as well as rising default rates. Consumer knowledge can address both negatives.
We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.
Yesterday Canarian Legal Alliance published in their news section a case study of a recent trial, nothing unusual there, except this had a rather different twist. This particular trial was dealt with at the pre-trial stage rather than the full trial, the venue was the Court of First Instance No 1 in Maspalomas, the lawyer representing the clients was Judith Diaz Pascual of CLA.
The pre-trial is a formality where the defending party may argue why the case should not be accepted, it is also a point where the judge will ask if there is a possibility of a settlement out of court. Usually the judge will then decree that a full trial date be set, with the defendants demanding the appearance of the clients.
As there was no agreement that day Anfi, the defendants, asked for a full trial to take place with the clients in attendance, CLA lawyers argued that this was not necessary as the case and infringements of the timeshare laws was based on documentation, so there was no need for a trial or for the clients give testimony. The judge agreed, he stated that he would issue a resolution after the preliminary hearing, three days later the judgement was issued.
The judge concluded that due to the infringements which included, floating weeks and the taking of deposits within the cooling off period, the contract was declared null and void. Anfi were also ordered to repay over 49,000€ which included double the deposit paid, the court also awarded legal interest.
Apparently this is now becoming more common, it is not the first case to be dealt with at the preliminary stage, it will only be a matter of time before more judges decide that this is the best course. After all the cases are based on the contracts and documents, if the timeshare company has sold floating weeks or points, the contract is longer than 50 years and any payment taken within the cooling off period, these are breaches of the law, so why prolong the issue with a full trial?
Yesterday we again published information concerning TESS and David Cox, keeping a check on his website, he has still not published anything about any subject since his last defamatory article on 29 March. We just wonder if this could be a sign that TESS is going the same way as those companies highlighted in yesterday’s article?
Now for our Letter from America.
Gad and Noreen Liebmann, Army Veterans
An Open Letter to Diamond Resorts CEO Michael Flaskey
April 20, 2018
We are one of 29 Diamond Platinum Member Families Up-sold alleging we were defrauded
A Diamond Daytona sales agent’s response to Gad and Noreen:
While picketing yesterday one of the salesman came down to talk to us. He brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart and using the money earned to help pay our dues.
Inside Timeshare has received 375 Diamond Resorts complaints from our readers, Diamond members alleging they were sold or up-sold by fraud. Families are devastated. Platinum member #29 contacted us April 16, 2018, a disabled Vietnam veteran, age 71. He says they were told by a Florida Mystic Dunes sales agent if they purchased additional points it would take care of maintenance fees. Now they too are forced to foreclose or walk away from their points. We hope AARP takes note.
A Diamond Vice President’s response to Joshua Parker:
“We are not responsible for what our sales agents say”4/5/18
The Diamond CLARITY TM Promise:
Accountability, Transparency and RESPECT for the customer
A Quote from CEO Michael Flaskey:
“Clarity seeks to build on Diamond’s already impressive standing with its members. Almost 70% of the company’s sales are to existing members seeking to increase their Diamond resorts vacation memberships,” said Mr. Flaskey.
Mr. Flaskey, We are one of 29 Platinum member families alleging we were upsold by fraud. We have been Diamond members for 20 years, but we made the mistake of believing Brad Leslie at Daytona Beach Regency. So did Sheilah and Thomas Brust. We did not know about Diamond’s official policy, “We’re not responsible for what our sales agents say.” What kind of accountability, transparency and RESPECT for your customer is that? There are over 1,200 members on our Diamond Resorts Owners Advocacy Facebook, many alleging fraud.
Josh Parker is an Iraqi veteran. Josh says he was told his points are an investment and would be easy to sell. Now, expecting twins, a high risk pregnancy, they have learned the truth, so will in all likelihood have to suffer through 180 days of endless collections calls. Josh is 90% disabled, a combat veteran. Josh’s YouTube:
My wife Noreen and I have been protesting outside Daytona Regency for the last month. We are Platinum Diamond members. We own 96,000 Diamond points only because we bought an additional 25,000 points to take advantage of a program that did not exist. We are not confused. Sheilah and Thomas Brust are not confused. Sheilah has an accounting background. Sheilah Brust does not get numbers confused.
We had purchased eight Diamond contracts over 20 years and had been happy Diamond members until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud. Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. The calculations shown to us were false. Sheilah has a copy of Brad’s “Pencil Pitch” promising her double points. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad made it sound like these were new benefits that could only be obtained by purchasing additional points. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways. When we returned home we learned booking vacations using Valued Getaway and Point Saver were already available to us.
We appealed to the local DRI marketing VP. He was unsympathetic. A call to Michael Flaskey, CEO, who leaves his card at every front desk, got a response from a lady who offered to allow us to give back some of the points we purchased in the past, lowering the dues but not eliminating the latest purchase. In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points we didn’t need because of a convoluted scam. We may be older, but we’re not stupid.
We feel we meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch”, in addition to Elder Abuse.
Many Diamond members feel there is no timeshare enforcement in Florida. The Arizona Attorney General opened an investigation after receiving hundreds of Diamond complaints, just in Arizona, accusing DRI of violating the Arizona Consumer Fraud Act. They did not turn Diamond members away because “Diamond is not responsible for what Diamond sales agents say.”
Veteran Teresa Laird is planning to protest outside DRI Polo Towers. DRI sales agents tried to sell her dad, at age 83, in a wheelchair dozing off, a recipient of two Purple Hearts, $234,000 in additional DRI timeshare points.
There is little to no regulatory enforcement because the Attorneys General in Nevada and Florida dismiss complaints, also falling back on the oral representation clause, or in Nevada at the Nevada Real Estate Division, “You have no proof”, so there is nothing to stop timeshare fraud.
From the Florida Attorney General’s Timeshare Division DBPR
Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale. A document called“Acknowledgment of Representations”or “Purchaser’s Understanding”or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product. A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations. Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.
We are veterans in our late 70’s and two of 40 active duty or veteran military and law enforcement timeshare members alleging we have been defrauded by timeshare sales agents. Several are in danger of losing their Security Clearance.
LICENSED timeshare resale brokers will not even accept a Diamond listing feeling it would be a waste of their time and your money, due to restrictions Diamond places on the use of secondary points LTRBA members feel are too restrictive. Sheilah and Josh contacted Florida LTRBA members. None would accept a Diamond listing. Scammers have no problem taking your upfront money.
The Florida Timeshare Division, DBPR, and Diamond’s Transition department send members on a wild goose chase to contact a real estate broker, but legitimate brokers won’t accept a Diamond listing, because they are honest.
A Diamond member talked to a Diamond Transition’s specialist:
I tried last night to speak with someone in Financial Services with no luck. I tried again today as well but the phone just rings and rings. I did speak with Tiffany Davis in Transitions and she said our maintenance fees would have to be paid in order to do the Transitions program. She then said that I didn’t have to do Transitions – if I wanted to gain anything from my Timeshare that I should speak to a real estate agent to get it sold. I said I was unaware this could even be done. Tiffany said “Oh, absolutely, if you don’t want to just relinquish it, you can sell it”.
From the Arizona Attorney General’s Assurance of Discontinuance:
“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:
Sales agents should not deviate from sales material
Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.
Afraud is an intentionally false representation made with the intent to mislead the listener, and that the listener relied on “to her detriment.”
The first part means that fraud must involve an intentional lie. If you truly believe you’re telling the truth and end up being wrong, that doesn’t qualify.
That doesn’t excuse willful denial or ignorance of the truth. If you should have known the truth or could easily have discovered it before telling the lie, it could still be a problem.
The second part is about the liar’s intention. A lie that you don’t mean anyone to take seriously, such as a joke or hyperbole, wouldn’t constitute fraud.
When it comes to proving intent for fraud, courts often look at what the liar could gain if someone believes the lie. If the liar benefits from someone believing and acting on the lie, that tends to show intent.
The legal analysis will also rely on context. A lie while you’re trying to sell your house is more likely to result in a lawsuit than a lie told over drinks at a bar. Those are obvious examples, but there are many situations in between where the line isn’t so easy to see.
The third element is whether the lie actually caused harm.
If the listener believed the lie, acted as if it were true, and suffered some kind of injury because of that belief, then there may be some liability for fraud.
Injury can mean actual physical harm or financial loss. In general, emotional “pain” isn’t enough to build a case for fraud.
In general, anything other than a white lie (like how nice your spouse looks) should be avoided. Remember, a lie runs the risk of becoming fraud if you expect the listener to act on the lie. Keeping it honest isn’t just a good personal policy; it’s a sound legal strategy too.
For timeshare buyers, the customer is always wrong because they signed a contract. And no one cares. Inside Timeshare has heard from 131 Diamond members alleging fraud since January 1. The company does not respond to requests for comment.
Thank you Gad and Noreen, you have the support and thoughts of many timeshare owners not just in the US but also from across the great lake in Europe and beyond, also thanks to Irene once again for taking the time to edit these articles.
If you have any questions, comments or need to find information on any company mentioned here or that has contacted you then use our contacts page and we will point you in the right direction. Remember doing your homework saves you money!
Well the weekend is once again upon us and Inside Timeshare hopes that you have an enjoyable and relaxing weekend.
In Yesterday’s article on RSB Legal based in Redditch Worcestershire, looking like they have ceased trading, Inside Timeshare was contacted by Praetorian Legal, with the following information which we publish for our readers.
They have advised us that Praetorian Legal had been contacted by RSB Legal in order to underwrite some of their termination business.
Their statement is, if you received a Praetorian Legal indemnity document, they have advised us that Praetorian Legal will honour their indemnity and timeshare owners will remain fully covered under the Praetorian Legal Timeshare Protection Indemnity.
Inside Timeshare would like to thank Gary Smith of Praetorian Legal for responding so quickly, this does show their are some companies who are willing to do the right thing. It also shows that what has been published about his company by TESS and the TCA is designed to sully his reputation.
On the subject of TESS, the website TESS Timeshare Facts has been rather busy with their research, in their article:
In this article they have uncovered some very interesting information, this surrounds David Cox’s past “business career”, it does not look very impressive. It highlights every business that Mr Cox has been involved with, showing the status of the business, many are dissolved with unpaid debts!
These are just of the few that have been published on the TESS Timeshare Facts website:
Directors of U JET LIMITED were David Cox & Bernadette Cox Status: Dissolved Unpaid debts left owing
Directors of D & B COX LIMITED were David Cox & Bernadette Cox Status Dissolved Unpaid debts left owing
Directors of D & B COX (CONTRACTING) LIMITED are David Cox and Mrs Bernadette Cox. Trading Status: Dissolved Unpaid Debts left owing
The article also provides all the links to company house records as well as links to other websites, Inside Timeshare would love to meet the authors of this website, but we fully understand the reason for them wanting to remain anonymous. All Inside Timeshare can say is keep up the research!
This case involving clients from Norway was against Palm Oasis / Tasolan SL, the lawyer representing them was Miguel Rodriguez Ceballos, CLA’s senior lawyer. The interesting fact about this particular case is the Escritura and the registration of the timeshare at the Property Registry. By registering they were trying to treat the timeshare as property thereby attempting to circumvent the timeshare laws, making then non-applicable. The court disagreed and declared that timeshare law was applicable.
The court declared the contract null and void awarding the return of over 16,000€. One of the infractions of the timeshare law was the length of the contract, being more than 50 years. (PDF of the court ruling is below).
In tomorrow’s Letter from America we shall be running the story of Gad and Noreen Liebmann, both army veterans and their experiences at the hands of Diamond sales agents. They are currently staging a protest outside Diamond’s Daytona Beach Resort. So do join us tomorrow, it is a story that will make your blood boil!
Inside Timeshare is here to inform you of what is happening in the murky world of timeshare, bringing you the news from the courts, the US and beyond bringing timeshare owners around the world together. We also publish articles about different companies and how they operate, inform you of the fake law firms and what to look out for,so you have the facts who to trust.
If you are unsure about any company that contacts you or one that you have found searching on the web, contact Inside Timeshare and we will help you find out.
This week’s Tuesday Slot is not from Inside Timeshares very own Irene Parker, but has been contributed by Meryl Reyman another new contributor, today she highlights the problems in Nevada.
First we have a look at the timeshare world in Europe and the latest court cases.
Last week we published the news of the 100thSupreme Court ruling then the 102nd and 103rd, after publication we received the news of yet two more rulings from Spain’s highest court, bringing the total now to 105
The first is another ruling against Silverpoint in Tenerife, the main points are the illegal taking of deposits and the contract being over 50 years in duration, the sentence which can be seen in the PDF below runs to 15 pages and shows even more infractions of various laws not just timeshare law 42/98.
The court declared these clients contract null and void, awarding over 34,000€ plus legal interest.
The second Supreme court ruling is yet another against Anfi, at the moment we do not have details on what the infractions were, but the court again declared the contract null and void with the return of over 78,000€ plus legal interest.
These rulings from the Supreme Court are the proof the timeshare companies are losing, despite what they and others may be telling the public.
Going back to the articles regarding the David Cox and TESS allegations against Inside Timeshare and Canarian Legal Alliance, the TESS website and Mr Cox have been very quiet. In fact nothing has been published since 22 March, well, we wonder if Mr Cox can’t think of what to write, after all his ramblings clearly show he is not sound of mind. We leave you the reader to decide on that one.
Timeshare Companies, Preying on the Young, the Elderly and Military Personnel, are under your Noses Here in Nevada
By Meryl Reyman
A retired attorney and former senior executive of a large marketing/advertising agency located in New York City. I am now a resident of Henderson, NV.
A Nevada Timeshare “Buyer Beware” Media Campaign
April 17, 2018
During a recent stay in Las Vegas my husband and I attended a hard sell timeshare sales presentation. After 5+ hours of promises, and a 15 minute perfunctory signing of extensive opaque written documents, we went home with a contract only to discover that very little of what was said over those five hours was in the written documents. We successfully rescinded the contract. Since timeshare sales agents rely on the vacationer not taking the time to review documents, we were lucky that we lived in the area and had time to catch the concealment.
The FBI defines fraud for profit as “deceit, concealment, violation of trust, and bait and switch.” Oral misrepresentation fits the bill. And so does deceit and concealment if new purchasers cannot access the booking website until after the expiration of the rescission period. Many complainants tell us they can’t determine the value of their purchase until they’ve passed the time period to cancel.
Given the perpetual nature of the timeshare contract, the lack of a viable secondary market, and rising maintenance fees, consumers can find themselves stuck in a hamster wheel of “recycled inventory” with points foreclosed or taken back, only to be sold again to the next unsuspecting vacationer.
Of course there are many who use and enjoy their vacation points. I’m sure there are timeshare sales agents selling the product honestly, but the escalations in timeshare company default rates, lawsuits and the number of Attorneys General investigations (TN, MO, AZ, CO, NY, WI) indicate a serious problem. Are we in timeshare haven Nevada going to allow deceit to continue by dismissing families with, “you have no proof”?
I hope not. If you are in agreement, we need your help.
We are launching this media campaign to alert and educate the timeshare consumer, because the Court of Public Opinion seems to be the only court open if you bought timeshare points in Nevada.
After our experience I started digging. I learned that timeshare deceit has been ongoing since before Social Media. I have decided to use my skills to advocate for timeshare reform. This is not a one company problem. In my opinion, and it is the opinion of 44 timeshare advocates from our Timeshare Advocacy Group™, timeshare, and especially the point-based timeshare system, has evolved to encourage and allow sleight of hand, predatory sales.
Timeshare Advocacy Group TAG has had a hard time keeping up with the flood of complaints. TAG has received 136 timeshare complaints just since January 1, 2018. Most of these complainants have reached out to the Nevada Attorney General and the Nevada Real Estate Division, where the timeshare companies and their agents are licensed to do business, to no avail.
Timeshare sales agents know they are protected by their corporate goliath. One vice president endorsed this by responding to one member, “Our Company is not responsible for what our sales agents say.” In actuality, there is proof, if the Nevada authorities would simply aggregate the complaints. They would then see the weight of allegations of deceitful sales practices that, because of their similarity, appear to be orchestrated from the top down.
Some of these predatory practices include:
Delaying delivery of important information so that the legal contract rescission period is undermined. Several complainants could not get onto the website until after close of escrow to determine the number of points actually needed to go to their desired destinations.
Luring customers to “owner updates” and “new customer orientations” that are really hard upsell opportunities,
Instilling fear by falsely advising that current fees of existing owners will go up astronomically unless they purchase “new program” points,
Instilling fear by falsely advising that heirs of the elderly will be saddled with astronomic fees unless they purchase “new program” points,
Holding onto customer ID and credit cards, and their children! One member reported hearing children screaming while customers sat through hours of hard sell,
Feeling pressured into high interest rate loans (12% to 18%) and higher interest rate credit cards.
Claiming that timeshare points will increase in value over time!! In fact, a class action lawsuit has been filed to fight this “investment” claim. For many timeshare points, there is little to no resale value.
We have a summary report of more than 50 families who have filed complaints against a Nevada sales center. This report is available upon request. Two of the complainants are:
Roy and Lillian Simmons, in fear of losing their home, up-sold to $2,700 a month in timeshare loan payments, living on Roy’s letter carrier pension.
Raymond Mori, recipient of two Purple Hearts, 23 years a Marine, at age 83, in a wheelchair, told to buy an additional $234,000 in additional timeshare points. Teresa is sure her parents would have signed if she had not been with them.
Do not believe anything a timeshare sales agent says in Nevada. If you do intend to do business with a timeshare sales agent, make sure they put promises in writing.
Thank you to Meryl for her advocacy efforts. If you or someone you know needs help with a timeshare concern contact one of these self-help groups that Inside Timeshare feels is not industry influenced.
Thank you Meryl for your contribution and also Irene for the editing, we also once again thank all the volunteers who give their time effortlessly to help other timeshare users in trouble.
In this Friday’s Letter From America we will be highlighting the story of Gad and Noreen Liebmann, who are currently staging a protest outside Diamonds Daytona Beach Resort. We are through Inside Timeshare readers and those on the various facebook pages receiving many messages of encouragement and support for both of you. We will obviously be keeping our readers posted as the story unfolds.
If you have any questions, comments about any article published, or need any help in identifying any company that has contacted you, use our contact page and ask Inside Timeshare. We are here to help and point you in the right direction.
News has just come in from the Bournemouth Daily Echo, the trial against Francis Madden, Claire Garland, Keith Furneval and Jean Furnaval, regarding a timeshare fraud which ran for several years has started.
Their company Central Marketing Ltd, defrauded thousands of pounds in selling bogus holiday clubs and other products. The trial is expected to last at least six weeks, for the full story see link below.
Today another company has come to our attention which is cold calling timeshare owners, this one is called Timesure Solutions Limited. According to Company House records they are based at:
Suite 7, The Business Centre, Edward Street, Redditch, Worcestershire, England, B97 6HA
Which is a familiar address from the past.
They have the company number 10022303, they were registered on 23 February 2016. The director is one Brian Carr, a name which is very familiar from previous posts, but it is just coincidence as this one is 60 years old not 31 like the Brian Andrew Carr who has just been jailed for fraud.
The interesting fact is that he also has 2 other companies:
Convert a Garage Ltd (10470650) registered in November 2016, with the address:
The Business Centre, Edward Street, Redditch, England, B97 6HA it also has an active proposal to strike off.
It must also be said that David Cox of TESS published an article headed “Timesure Solutions Jailed For Fraud” on 26 February 2018, the unfortunate thing is he actually got it wrong, it was actually “Simple Property Marketing Solutions”, The wrong company and the wrong Brian Carr!
So once again we have a company contacting owners regarding cancellation and claims, remember do your homework first.
Now for some news from the courts in Gran canaria.
There have been 4 sentences issued at the Court of First Instance in Maspalomas, all involve Anfi del Mar. All contracts have been declared null and void with the courts awarding in total 137,988€
There has also been news of another client receiving a massive 37,979€ into their bank account, this payout is from Anfi, who still insist that these claims do not exist.
News just arrived from the Court of First Instance number 1, again in Maspalomas, the judge has declared another Anfi contract null and void, awarding the the sum of 32,980€ plus legal interest back to the client.
Contrary to what David Cox and his company TESS want you to believe, these cases are real, yesterday we showed you where they can be found. These cases are a matter of public record, so what would be the point in making them up. Mr Cox, you are deluded if you think you can convince people you are telling the truth, all you are doing is destroying yourself and that can’t come soon enough!
Join us tomorrow for Fridays Letter from America, have a good evening.