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Daytona Regency

Friday’s Letter from America

Welcome to this week’s Letter from America, today we highlight two families who have been up-sold by Diamond, Gad and Noreen Liebmann who are staging a protest outside Diamond’s Daytona Beach Resort and Sheilah and Thomas Brust. These stories are another in the series of  “A Nightmare on Timeshare Street”, but first a quick roundup from Europe.

It has been reported that yet another “Relinquishment and Claims” company is in liquidation, Standon Mortimer Associates. This company is one in a long line that informed clients that they could lodge a “no win no fee” claim against their timeshare, the only thing was to do this they had to “relinquish” their membership first. Obviously this was a great cost.

Once the membership was canceled then they would put in a claim, usually under section 75, which as we have said before is not likely to pay out. The whole scam was to get your money for the cancellation, which in many cases was never actually done.

If you have paid this company to carry out any work regarding your timeshare and it has not been done, contact the liquidators below:

Name of Company: STANDON MORTIMER ASSOCIATES LTD

Company Number: 10437622

Nature of Business: Timeshare Relinquishment

Type of Liquidation: Creditors’ Voluntary Liquidation

Registered office: C/o Kingsland Business Recovery, 14 Derby Road, Stapleford, Nottingham, NG9 7AA

Liquidator’s name and address: Tauseef Ahmed Rashid, Kingsland Business Recovery 14 Derby Road, Stapleford, Nottingham NG9 7AA

Office Holder Number: 9718.

Date of Appointment: 18 April 2018

By whom Appointed: Creditors

Further information on Silverpoint or is it Signallia Marketing has just come in, apparently a representative from Signallia is knocking on the doors of guests at Hollywood Mirage and arranging appointments with none other that Aspirantco SL. We will be publishing the story of this meeting next week.

There are this week a couple more happy ex-timeshare owners, the first is an ex-Anfi member, who this week had over 53,000€ paid into his bank account after his recent court case where his contract was declared null and void.

This does fly in the face of the Anfi management denying that anyone is getting paid, according to Canarian Legal Alliance, Anfi have actually paid out 2 million euros.

In another case a German client who purchased his Anfi del Mar timeshare for 14,000€ had his contract declared null and void, with thcourt awarding him over 23,000€ plus legal interest. This is a result of Anfi taking a deposit within the cooling off period which is forbidden, so the court awarded double the amount taken.

Now on with our Friday letter.

A Report from Two Diamond Resort Platinum Members Up-Sold by the Same Daytona Sales Agent

Sheilah Brust warns: Keep The Pencil Pitch

Gad and Noreen Liebmann: Up-sold into financial disaster

There is no such thing as the “Ability to get (Double Usage)”

Page 2 of the Pencil Pitch is based on 15,000 points actually purchased instead of 25,000, so 65,000 points illustrated instead of the 75,000 first proposed

65,000 own                $8,631 current maintenance fees before 15,000

65,000 given                2,621 maintenance fees on the new 15,000

130,000 points            $11,252 Total maintenance fees with new 15,000

 50,000 if used            8,000 Less reimbursement check

 80,000 left                  $3,252 Maintenance fees still owed       

x $.10 reimbursed     EXCEPT THERE WAS NO 65,000 POINTS GIVEN!

$8,000

The CLARITY™ Promise handed out before sales presentations:

With this clear, concise and consistent information, consumers can easily determine whether the Diamond Resorts hospitality experience is the right decision for them and their families.

https://www.businesswire.com/news/home/20170123005839/en/Diamond-Resorts-Launches-New-National-Customer-Service

Diamond’s Response to Sheilah Brust:

On April 5, 2018, we received a call from a “hospitality” agent. She said our complaint had been escalated to the legal team and they found no wrongdoing. This is part of what she said to us.

I definitely agree that your confusion of that process is warranted. I have spoken to our legal team and sales team and we agree the double point explanation is definitely something that could have been misconstrued or seen as confusing by members or purchasers.

We have made changes to the way that information is given at the time of sale but we have to say the stance we take on this is: because there may have been some confusion on how you may use those points to create a savings for yourself doesn’t make the explanation illegal.

By Irene Parker

June 8, 2018

Gad and Noreen Liebmann were up-sold by the same Daytona Regency sales agent as Sheilah Brust. Gad and Noreen have been protesting outside the Daytona Regency by holding up signs an hour or two every day except Sunday for over three months. They will take a few months off to go up north, but plan to resume their protest in September.

In preparation for this article, I felt it was important to get a feel for what it was like to hold up a sign. As we walked to Daytona Regency from our cars, Gad and Noreen dropped off food for a homeless man. Gad told us, “One of the homeless was offered $20 to ‘get rid of them’ and on another day one of the salesmen 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 to help pay our dues.”  

My husband and I weren’t sure what to expect. We arrived about 11:00 AM, Friday June 1. We were greeted by the security guard. He could not have been nicer. He seems to serve as a sort of diplomatic liaison between Gad and Noreen and the staff at Daytona Regency. He patiently listened to me relate some of the more serious allegations timeshare members have reported to Inside Timeshare, 208 since January 1. He said he has not purchased Diamond points.          

Inside Timeshare has heard from a total of 32 Diamond Platinum members, alleging they were up-sold by deceitful sale tactics or are disappointed in their Platinum membership. Of the 32 Platinum members, 29 members reported they were told they would be able to sell points, or pay for maintenance fees, if they purchased more timeshare points; utilizing programs members say did not exist. Thirteen of the 32 Platinum members say they have resolved their dispute. Eleven were up-sold by the same Diamond sales agent.

Pictured from left: Noreen, Irene, Tyler and Don

The sign my husband Don is holding reads,

Diamond is not responsible for what our sales agents say.”

This was told to Diamond member Joshua Parker (no relation) by a Diamond VP on a call Diamond recorded. Josh says he was told points are an investment and would be easy to sell. When Josh and Nichole learned they were expecting twins and could no longer afford the timeshare, they learned there is virtually no secondary market for Diamond points. Josh is a 90% disabled Army veteran. He served in Iraqi. They are in the foreclosure process.

John Collick, a decorated 100% disabled Marine veteran, was told he needed to buy Diamond points because Diamond was acquiring his timeshare, The Colonies. This turned out not be true.

Josh and John were both told, Diamond is not responsible for what our sales agents say.” That would be okay, except Diamond hands out to consumers before a presentation their CLARITY™ promise, launched after Arizona Attorney General Mark Brnovich issued the company an Assurance of Discontinuance.

Amanda and George Jones are both active duty Navy. They recently received their foreclosure letter. Both fear losing their Security Clearance. They say they were told by Diamond sales agents in Virginia and Florida their 18% loan would be easy to refinance, “Just Google it.” http://insidetimeshare.com/tuesday-slot-irene-3/

Today, June 6, 2018, another Navy couple contacted Inside Timeshare. They too could lose their security clearance as they are Navy logistics.   

Sheilah and Thomas Brust’s “Double Point Promise” complaint

Sheilah says she and her husband Thomas were promised double point usage if they upgraded by buying 15,000 additional points. Already Platinum members with 50,000 points, they had enough points to meet their travel needs.

Sheilah and Thomas met with Brad Leslie on February 4, 2017.  Mr. Leslie said there were big updates due to Apollo changes. Brad said he had just learned about the double points program in Orlando while in training. Another Florida DRI sales agent pitched a double points program to a Navy veteran. Her complaint has been resolved:

We were hosted by the Diamond Resorts East Coast Sales Team from Mystic Dunes. They said we had been invited to the workshop as a way to thank us for having been Platinum members for over five years. Mystic Dunes sales agent A M explained details of a program only available to five plus year Platinum members. A M said if I purchased an additional 25,000 DRI points, I could take advantage of a special offer and never have to pay maintenance fees. He illustrated on paper how the program worked.   

57,500 points I owned prior to the workshop

25,000

82,500 x 2 (double points) = 165,000

Back to Sheilah’s “Pencil Pitch”

Brad Leslie said that over ten years our maintenance fees would be $86,310. According to Brad, we would have 65,000 points after buying 15,000 more points but DRI would give us 65,000 more – so we would have effectively 130,000 annual points. Of the 65,000 original points, we would use 50,000 and the purchase of an additional 15,000 points would allow us the extra bonus 65,000 points. Brad said we would receive via check or reloadable debit card $8,000 from the redemption of 80,000 points at $.10 through a travel reimbursement program that could be used to pay maintenance fees. If we redeemed 80,000 from the 130,000, we would be left with 50,000 points to travel.     

I asked Brad why this program was developed. He said Diamond wanted to make sure we STAYED VACATIONED. Now it seems more likely he wanted to drive us into foreclosure to be able to start over with his next victim.  

As a result of this up-sell, we have less time to travel because we have to work to pay for the additional points that increased maintenance fees to $11,252. We also have a loan with Diamond for $31,000 and the $26,000 Barclay card charges.

Brad charged on two Barclay cards $14,000 in my name and $12,000 in Thomas’ name. After he opened the cards, Brad said,Barclays loves you! You got $26,000 credit!” I was livid after I learned what happened as we were unaware the amounts had been charged. We could have used a different credit card that would have gotten us rewards points.

We saw Brad again in May 2017. Brad said the program had changed. Brad told us in February we would be sent a debit card that would be reloadable for the maintenance fee reimbursement program. Brad informed us in May that DRI was getting rid of the debit cards because there were problems. Brad had said the double points (65,000) would appear on a split screen on our dashboard. He said DRI was still working on the split screen. This program only made sense if we received the additional 65,000 points. I wrote down everything Brad said. I have an accounting background.   

This whole deal was based on having 130,000 points using points at $.10 a point for a Travel Advantage reimbursement service, but this was of very poor value and only made sense because of the extra bonus 65000 points. You can book a lot of vacations with 54,259 points that would vastly exceed a measly reimbursement check for $5,425.90.

Brad assured us he would be here for us and hoped he could restore our trust in Diamond. We had explained how we had been duped into buying 4000 more points in California so our heirs would not be saddled with Diamond points.

Diamond has refused to help Sheilah, but she is encouraged by a call from her Florida Timeshare Division reviewer supporting her claim.

Gad and Noreen’s debacle

Gad and Noreen own 96,000 Diamond points, only because they bought an additional 25,000 points to take advantage of benefits they now know they already had. Gad and Noreen are both Army veterans. Noreen served as an Army officer in the nursing corps. Gad, also an Army veteran, worked for IBM and VISA, at times stationed overseas. The Liebmanns have nine children, not counting children they fostered. According to Gad,  

For over 20 years we enjoyed using our Diamond points. We had purchased eight Diamond contracts over the years and had been happy 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. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways.

A call to Diamond CEO Michael Flaskey got a response from a lady who offered to allow us to give back some of our points, 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 to take advantage of a program we already had. We may be older, but we’re not stupid.

We have used all of our 2018 points for redemption reimbursement and with the over $700 monthly mortgage payments, we can no longer use Diamond points for vacations. Since we can’t afford to travel because of this debacle, we thought we should warn others by holding up our signs. I feel America is in a moral crisis when CEOs feel no concern when people complain directly to them of questionable business practices. My heart is heavy since the DRI salesman Brad Leslie professed to be a Christian, as I am.

Gad and Noreen protesting outside Daytona Regency

Thank you to Gad and Noreen and Sheilah and Thomas for joining our advocacy efforts. I reached out to Diamond for comment, but they did not respond. We were hoping they could explain Sheilah’s pencil pitch.  

Many timeshare members feel there is little to no timeshare enforcement in Florida. According to several members, Florida dismisses complaints, backing up the developer by also falling back on the oral representation clause. Florida receives about $70 billion a year in tourist revenue.

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.  

From the Arizona Attorney General’s Assurance of Discontinuance:

IV Assurances

“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:

  1. Sales agents should not deviate from sales material
  2. Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

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

Contact Inside Timeshare or one of these self-help groups if you need help.

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

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

https://tug2.com/Home.aspx

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

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

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

That’s it for this week, Friday is here and the weekend is about to start, join us next week for more readers stories and their experiences in the world that we call “A Nightmare on Timeshare Street”.

We will also be publishing more information on those companies that keep springing up promising the earth and delivering nothing, so remember if you are called and are not sure if the company is genuine, do not do anything until you have done your homework, double check and check again.

If in doubt contact Inside Timeshare and we will show you where to look.

Have a great weekend.

Friday Review: News from Across the Ocean

Inside Timeshare once again publishes the Friday article from across the Great Lake (The Pond to our American Cousins). Today a new contributor, Laurie Sabbagh, with additional notes from our senior writer Irene Parker, who is doing a great job in rousing timeshare owners in the US to work together and improve the industry.

Firstly, we are getting more and more information on that outfit operating out of Tenerife, the Litigious Abogados family. The latest addition which we reported on 14 March Abel Garcia, was very interesting. As we said in the article, the website was registered on 5 January 2017, the name of the “law firm” was never heard of, yet the court document showing “Keith Baker” being sentenced, is dated 17 January 2017. Well we have never heard of a case going to court and being adjudicated with sentence being passed within 12 days. Wow, these lawyers are good!

We have also heard from another reader who had dealings with Stephen Fairclough and Meredith Pritchard Claims Consultancy Limited, another figure of just under £6000 has been paid, given the details of Jose Dorta of D&M Lawyers, yet no case or anything. This reader also suspects that the elusive Stephen Fairclough is back in Portugal.

So now on to our new contributor.

A Diamond Resort Member Does Her Timeshare Homework

Timeshare Members Instructing Other Members

Board

By Laurie Sabbagh  

Notes from Irene

March 17, 2017

Diamond Resorts member Laurie Sabbagh is also a member of our Diamond Resorts Advocacy Facebook Page. Our mission statement:

We seek to provide Diamond Resorts 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/

Today Laurie educates prospective and current owners. Not many timeshare buyers comparison shop. Timeshare sales presentations are almost always same day sales. A timeshare sales agent named in the Colorado Attorney General’s investigation of Highlands Resorts explains why:

“According to Highlands Resorts” sales manager Steve Abrahamson, named in the lawsuit, “In the eighteen months he worked for Highlands Resorts, not a single consumer returned after their sales presentation to make a purchase. In his fifteen years in the timeshare industry, Abrahamson never saw a consumer purchase a timeshare after leaving a sales presentation.”

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

From Laurie:

I recently started reading the invaluable Inside Timeshare articles and web postings of timeshare advocate Irene Parker after joining the member sponsored Diamond Resorts Advocacy Facebook Group. In February I posted that I would soon stay at Diamond’s Los Abrigados resort in Sedona. Irene asked me to attend the “members update” to find out if sales agents were adhering to the Arizona “Assurance of Discontinuance” rules.

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

After more than ten years of dodging the member updates, (i.e., sales pitches), I reluctantly accepted the invitation from the concierge to attend a 55 minute presentation.First, a little background on my Diamond “The CLUB” membership:

My membership started in 2006, when I purchased 8500 points in the Hawaii Collection when it was part of Sunterra. This vacation ownership interest (VOI) gave me a right of use equal to one week at either the Point at Poipu in http://Kauaior the Ka’anapali Beach Resort in Maui that I could reserve 13 months out, plus have access to resorts in the US and California Collections. In 2011 I received notice of a special assessment (SA) for a water intrusion problem at the Point. I scoured the internet to find out what was happening and learned that Sunterra knew about this massive liability when I purchased my vacation ownership, but its salespeople most likely weren’t informing prospective buyers about the problem prior to DRI’s impending purchase.

http://www.tstoday.com/members/magazine/issue123/7-poipu%20point.pdf

I was able to absorb the cost of the SA and considered myself lucky compared to owners who were on the hook for around $6,000 per deeded week for the water intrusion project – as many as 500 owners defaulted on their units because they either couldn’t or refused to pay the assessment. By reading Redweek and TUG I learned that management companies can change the terms of the Vacation Ownership Interest VOI membership agreement at any time, for practically any reason. I also read posts about high-pressure and questionable sales tactics being used to get consumers to buy into the various Collections  – some Hawaii Collection members were being told to get out of that collection by buying more points to transfer into the US Collection to avoid future SA’s, and vice versa. Reading about other people’s’ experiences was a wake-up call that it was not in my best interest to buy any more points.

Note from Irene:

I have received several complaints from people who attended sales presentations (one at Daytona Regency) told they should not have bought Hawaii Collection Points because Hawaii maintenance fees were going to increase dramatically or were encouraged to transfer Hawaii Points into the US Collection because Hawaii real estate is valuable, Hawaii Collection owners only can rent Points and only Hawaii members’ heirs can refuse inherited Points. Each transfer requires the purchase of more Points.   

Now to Laurie’s member update:

Two people

The promised 55-minute update turned out to be about three hours. The first salesperson, with whom I spent most of the time, was courteous and not high-pressure, although she did advise me to buy more Points to bring me into the Silver loyalty level which is 15000 Points. But to upgrade to Silver they were going to charge me over $8.00 a point, which would have cost more than $50,000! She also said the Hawaii Collection maintenance fees were more expensive and that I should join the US Collection. However, the second sales person I spoke with said with my small number of points, it costs only about $100 more per year.

Note from Irene:

According to SIRF Southern Investigative Reporting Foundation, Diamond points historically have sold for an average of $3 to $4 a point through 2014, according to data obtained from lawsuits. In a prior article, we reported Apollo plans to raise the price per point to $10 and then $12 per point.

http://sirf-online.org/2016/03/07/27464/

Back to Laurie’s sales presentation:

The sale’s agent also said that Apollo Global Management, the owners of DRI, would freeze that price for me for 18 months, and that the price was likely to rise soon.

Note from Irene:

Apollo Global Management founder, banker Leon Black, also founded Drexel Burnham Lambert of junk bond fame. Junk bonds did have some value, but a Diamond contract becomes worthless the moment it is signed should an owner need to sell, unless a friend or family member is willing to buy the Points.

Laurie:

I was also told that DRI members can use Points like cash for items such as airline travel, hotels, luxury items, and guided tours and adventures.  For example, Diamond Luxury Shopping enables Platinum and Gold members to apply Points towards products that are 30% off the best market price. But at a redemption point of $.30 per Point, this seems exorbitant to me.

Note from Irene:

I tried to use Points for an airline ticket. The Points we bought for $4 were worth $.07 for travel awards (Platinum $.10) so for $2,300 in equivalent maintenance fees dollars I could buy one domestic US flight. Customer Service told me this benefit is for convenience, not value.

Back to Laurie

Another example is that members can use 1500 points to purchase America the Beautiful – the US National Parks and Federal Recreational Lands Annual Pass.  My 8500 Points cost $1,973 this year, which includes maintenance fees, The CLUB fee, taxes, and mandatory membership in Interval International. That comes to about 23 cents a point.  For me, 1500 Points for the pass equates to $348, not including the $10 processing fee for my “Valued” level of The CLUB membership. I paid $80 for the same pass at a National Monument we just visited. Seniors over 62 pay $10.

At the end of the presentation a third person asked me some questions, including if I was treated courteously. I said yes, but also said I was not interested in buying any more Points with DRI. I declined the $100 Visa gift card, since that was not my reason for attending the update.

All said my elderly parents and I had a wonderful week at Los Abrigados. I was able to secure the historic Stone House, an 1800 square foot property with four separate entrances for only 6500 points. I almost always book weeks for 50 to 75 percent off, within the 59 day discount period, and have experienced good value for my points.  Every year I’ve been forced to vacation or lose my points, and I’ve taken about 18 weeks of vacation at DRI resorts since I bought my membership. If I had not purchased this VOI, I never would have gone to all the places that The CLUB membership has enabled me to visit. However, I advise other members to only use points for timeshare use, not the auxiliary products or non-resort vacation experiences DRI offers.

Thank you to Laurie for sharing her knowledge and experience. Email us at Inside Timeshare if you have a timeshare story you would like to share.

share

Thank you Laurie and Irene, once again Inside Timeshare would like to thank all those who contribute, either through writing articles or supplying information on possibly rogue companies. It is through your efforts that we can inform the timeshare world on what is going on.

On another note Canarian Legal Alliance has been nominated for the Canary Awards which recognises individuals and businesses that make a difference on the Canary Islands.

Canarian Legal Alliance has been nominated in the Real Gran Canaria category for their outstanding services to timeshare consumers and their efforts in the changing of consumer law.

In the Business Person of the Year category is Csilla Nazali, the operational manager of CLA for her outstanding work with all the clients.

Follow the link and vote for them, I’m sure they will appreciate it.

http://thecanaryawards.com/vote/voting-categories-page-1-of-2/