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Diamond Resort International

The Tuesday Slot with Irene

Welcome to The Tuesday Slot, this week we publish another Veterans “Nightmare on Timeshare Street”, with the introduction by Irene Parker. As with many of the other articles published on Inside Timeshare this is a story from the Veterans own personal experience, these stories have become all too familiar with us at Inside Timeshare, not just from Veterans but also serving members of the armed forces and law enforcement. But first some other news.

It looks like Diamond Resort International have yet another legal action filed against them, this was filed by Labaton Sucharow LLP, on 23 July 2018, on behalf of their clients Local 705 International Brotherhood of Teamsters Pension Fund, under the Securities Exchange Act 1934.

Once again this is a Class Action lawsuit, which others who may be affected being invited to join, further details can be obtained from: www.labaton.com. (See link below).

https://globenewswire.com/news-release/2018/07/25/1542302/0/en/Labaton-Sucharow-LLP-Files-Securities-Class-Action-Lawsuit-on-Behalf-of-Diamond-Resorts-International-Inc-Investors.html

There is another new name has come up on the radar, Martinez Notarias with lady called Victoria Holmes contacting consumers who had dealings in the past with our old friends Ramirez and Ramirez. She claims that they can recover along with compensation what the consumer paid, now the worrying aspect is she knows exactly how much was paid, which only leads us to conclude that she is either working with Ramirez or has managed to get hold of all his old records. We actually believe that she is working with Ramirez.

She sends out to those interested Non Spanish residents tax exemption form, which is downloaded from the internet, once the form is completed it then has to be faxed not posted back. There is no website but there is an email [email protected] which is just a normal Gmail free account,  the telephone numbers being used are:

(+34) 603208693 Spanish mobile

Fax: 070 1197 2107 The code 070 is a personal number.

Personal numbers allow a person or businesses to give out a single phone number, then redirect their incoming calls to different locations as and when they choose. 070 numbers can also be used as temporary numbers. For example, somebody selling a car through classified adverts could set up an 070 number to receive enquiries then disable the number after the car has been sold, rather than publishing their real home or mobile number. So this is not a very good sign!

Another new “fake” Procurador has also been flagged, CARLOS RIHOM IGRAIM, with the website:

http://procuradores-igraim.com

The website was only registered on 25 June 2018 so is only just over a month old, yet according to the website they have been established since 1973 and have over 40 years experience. The email they use is [email protected] which again is not linked to the website but is another free email provider such as gmail or yahoo.

The address they give  Calle Yamun 23, Edif. Ifuami, Oficina 328D, Santa Cruz, 38009, Tenerife, when checking this address on google maps, guess what, nothing comes up!

It appears that this “Procurador” is also part of the Legalidades Abogados setup, (Litigious Abogados family). Remember unless you have instigated any legal action, any call to tell you that your timeshare company is about to be taken to court and you will be in for substantial compensation, it is all a lie, they are after your money and that is all.

Now for this weeks article.

Timeshares Affecting the Lives of our Veterans

Another Veteran Family

A Tahiti Village Timeshare Experience

July 31, 2017

Introduction by Irene Parker

Inside Timeshare reached out to Tahiti Village. I talked to a Tahiti reservation agent. He was very nice, explained Consolidated was bankrupt, and that we would need to contact Soleil Management as to their response to this article submitted by a Tahiti owner, who wishes to remain anonymous. The Tahiti agent took my information and said he would forward to Soleil.  We did not hear back.

By a Discouraged Tahiti Village Member

Inside Timeshare can forward comments to this Tahiti member requesting anonymity.

Nevada and the businesses and agencies operating within it have no intention to do anything about timeshare fraud, so I hope the court of public opinion will be more effective. Please Share my article on your Facebooks to let people know about timeshare business practices and to seek answers to questions you should ask before signing any timeshare contract. If you don’t, you may find yourself stuck in a timeshare trap as we are.

I am writing this article to let people know about our Tahiti Village timeshare experience. I hope to warn other people to ask the right questions, so they don’t find themselves saddled with a timeshare they can’t get rid of. We made our last payment December 2017. I last heard from Tahiti Village in April. We have always had good credit, but now, as seniors, we face foreclosure.

I retired from a ATT & T, so I understand customer service. Our experience with Tahiti customer service has been disappointing. When I wrote good comment cards, Tahiti would respond, but when I submitted our concerns, Tahiti ignored those comments.  

When searching the internet, I found this email address from a member seeking other members who wish to pursue a class action lawsuit against Tahiti Village:  [email protected]

https://www.ripoffreport.com/reports/tahiti-village-scam/las-vegas-nevada-89119/tahiti-village-scam-shannon-deceptive-sales-lies-and-misrepresentation-of-facts-l-1432118

Tahiti Village has a Better Business Rating of A+ despite two of two negative reviews.

https://www.bbb.org/southern-nevada/business-reviews/resort/tahiti-village-vacation-club-in-las-vegas-nv-77371/reviews-and-complaints?section=reviews&reviewtype=negative

We have been Tahiti Village timeshare members since 2008. We enjoyed our Tahiti experience for several years until 2015 when we were steamrolled into purchasing an upgrade. By 2012, things had changed. Once when we checked in, we discovered our unit was nasty, the carpets were worn, the couches ripped. One year there was a bad smell in the master room. They just sprayed deodorizer, which did not help. The next year the microwave did not work. As we were checking out they brought the microwave. This is what our maintenance fees are supposed to cover.

Pressure to upgrade ensued. After one presentation, we felt like we had been held hostage after a four hour sales. We ended up upgrading from a fixed to a floating week with RCI. Since then, many things have happened that have turned what was a bearable irritation into an unbearable nightmare. In addition to seeing the fees rise, we now realize we were pressured into purchasing a timeshare product that we never really wanted in the first place. It is a timeshare product not worthy of what we are paying.

My husband, a Navy veteran, served his country for 20 years. Our Armed Forces Vacation Club benefits far exceed this timeshare. We paid Tahiti our hard-earned money for a product that has never lived up to its billing and has been a source of much stress.

As we explored ways of getting rid of our timeshare, it became apparent that many things we were told were not true, including

  1.    The timeshare is an investment that would appreciate in value,
  2.    We would be entitled to tax breaks,
  3.    We could rent the timeshare to pay maintenance fees,
  4.    The timeshare would be easy to resell, assisted by Tahiti.

So, after 10 years of paying for a timeshare that we were told would appreciate in value, could be rented and could be sold for a profit, we are left disappointed and angry. You can sell a house, even with a mortgage, but it seems there is no way out of a timeshare trap.

At times I stayed at Tahiti without my husband. If he was not with me I was treated markedly poorer. I felt that this is because they would always try to upgrade us if we were staying there together. When my husband was not with me, the customer service was worse, and the rooms were of a lesser quality. If we had a problem, even when staying together, reception would tell us they would look into our concern without ever doing so. One time,I asked for a first floor room because my daughter was on crutches and we ended up with the furthest room on the fifth floor. It seemed the only time we were treated with respect was when they wanted more money. This has been a source of irritation through the years, but not enough to warrant action.

When I wrote directly to Tahiti Village Resort asking to be released from this timeshare, I received no reply. I wrote to Soleil Management. They told me that they were not responsible for any misrepresentations that may have happened at the presentations because they were carried out by Tahiti Village Resort and they were merely the managing agent. Tahiti Village Vacation Club also said they were not responsible for any wrongdoing.

I wrote to ASNY, who claimed to be the developer and seller of the resort, as well as the managing agent for Tahiti Village Vacation Club. They said they were not responsible for any complaints about the quality of our stay and we should contact Soleil Management. They then proceeded to give me the usual spiel about how I signed the contract and they were innocent of any wrongdoing perpetrated by the sales staff. They also said that because we had been customers for 10 years, we had no case so would no longer correspond with us. (Inside Timeshare comment: Where have we heard this before?)

According to Ripoff Report, Tahiti is also known as Consolidated Resorts but have learned Consolidated filed for bankruptcy protection:

https://www.ripoffreport.com/reports/tahiti-village-consolidated-resorts-soleil-llc/las-vegas-california-89145/tahiti-village-consolidated-resorts-soleil-llc-tahiti-village-soleil-management-awsuit-479999

Why is the length of time we owned the timeshare be relevant if we always believed our timeshare was an investment that could be sold if need be? It wasn’t until we wanted to get rid of the timeshare did we learn we had been lied to. If you are in a dead-end relationship and your partner decides to go one step further and punch you in the face after 10 years, should you have no recourse?

So far, we have filed a complaint with the BBB and had our complaint dismissed before any real dialog took place. The Nevada AG referred us to the Real Estate Division. We filed with the Real Estate Division, who said they could not help.

In my opinion, Nevada, and the businesses and agencies operating within it, have no intention to do anything about this so I’m hoping the court of public opinion will be more effective. Please share my article on Facebook to let people know about our Tahiti Village experience and to warn potential buyers to do their homework before buying any timeshare.

Comments from Irene

The public, especially the military, need to be aware that a decision to sign a timeshare contract means signing a contract in perpetuity, often with no secondary market. Maintenance fees have a tendency to increase, so the timeshare can easily become cost prohibitive, even when there is no loan outstanding. Attorneys General investigations and settlements are appreciated, but seem to be only financial speed bumps in the life of a timeshare company. There has been no federal enforcement.

When a timeshare has little to no secondary market, even if you spend $100,000 or more, there is a good chance you might not be able to sell it or even give it back. Scams abound, promising to get you out of your timeshare or your money back. A few of these companies are legitimate, but several readers have reported they did not receive their money back, even when the timeshare returned to the developer due to foreclosure.    

Inside Timeshare has received timeshare complaints from 63 active duty and retired military and law enforcement personnel. Some of the active duty members are concerned about losing their security clearance due to timeshare foreclosure.   

Whistleblowers of America is an organization dedicated to seeking justice for veterans and Active Duty military. WoA presented a Timeshare Advocacy Group™ report to a Joint Committee on Veterans Affairs March 14, 2018. We hope lawmakers will wake up and do something about this. If a timeshare member is helped by our efforts, we encourage a donation to Whistleblowers of America.

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, Washington, D,C.

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group™ which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Thank you to our Veteran for their story, they also wished to remain anonymous, also thanks to Irene for the hard work you put in to edit and write the introductions for many of these articles. In Friday’s Letter from America we will be publishing the Better Business Bureau Timeshare Report, which also has some very interesting recommendations to the industry.

If you have any questions, comments or even would like to have your experiences shared with others, then contact Inside Timeshare using our contact page.

Have you been cold called by a company offering any service from resale, claims or relinquishment, or even found one on the internet and want to know if they are genuine, then use our contact page and Inside Timeshare will point you in the right direction.

Remember doing you due diligence and homework will save you your hard earned cash.

The Tuesday Slot with Irene

Cameron House on the banks of Loch Lomond, a luxury 5 star spa resort, which also has timeshare interest at Cameron Lodges, was the scene of a tragic fire yesterday. Details of how the fire started have yet to be determined.

It has been reported that two people have died, they had only just married on Friday, it has also been reported that their young son was rescued by a firefighter.

Inside Timeshare and our readers offer our condolences to the family.

Judge Rules in Favor of Diamond Resorts in Billion Dollar Lawsuit

Plaintiffs did not opt out of the arbitration clause

Top Producer Sues Diamond in Hawaii Court:

Mary Bowling: An Accidental Whistleblower  

dollar gavel

By Irene Parker

Tuesday, December 19

A federal court judge in Nevada ruled in Diamond Resort Internationals favor in a lawsuit alleging thousands of elderly consumers were sold by deceptive and fraudulent means. The ruling is a lesson to consumers on the importance of opting out of DRI’s arbitration clause within thirty days of signing a Diamond timeshare contact. According to several lawyers I contacted, DRI has one of the only timeshare contracts that contain a class action ban, forcing arbitration. Arbitration rulings are binding and private.

Attorneys for Plaintiffs Ilona and Lester Harding argued the contract language, stating buyers could opt out of arbitration, was ambiguous, as the Harding’s contract stated they had 30 days to opt out, but the contract did not state when the 30 days began. After the lawsuit was filed, Diamond amended their contract. It now reads, “Buyers can opt out of arbitration 30 days from the signing of the contract.” An appeal is being considered. Our February 1, 2017 article describing the lawsuit:

http://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/

Arbitration clauses made headlines recently when Congress, in a tight vote, reversed a July 2017 Consumer Financial Protection Ruling that would not allow arbitration clauses to bar consumers from joining class-action lawsuits.

In an October 24 Inside Timeshare article we examined arbitration. Taken from Chris Parker’s City Pages article, Minnesota Attorney General Lori Swanson said, “Though arbitration may sound preferable to the expense and anguish of court, it hands a major advantage to companies. The costs savings aren’t much: Arbitrators usually charge $300-$400 per hour minimum, and some bill into the thousands of dollars. But arbitration clauses typically bar the consumer from joining class-action suits. The strategy has emboldened fraud on a massive scale. City Pages “The Plot to Kill Consumer Protection”

http://insidetimeshare.com/tuesday-slot-arbitration/

Former DRI Top Producer Mary Bowling Sues Diamond Resorts 

In a separate lawsuit filed in Hawaii District Court November 17, 2017, Diamond fired former top selling agent (#2 nationally) Mary Bowling due to customer complaints, but Ms. Bowling alleges she was fired for refusing to travel from Kauai to Florida to receive an award. Due to her disability, she could not endure such a long flight. Ms. Bowling states in her complaint, there were customer complaints directed against other sales agents, but they were not fired. Inside Timeshare (as of December 16) has received 231 Diamond complaints from our readers of which 221 allege they were sold a timeshare by agents employing deceptive practices, so Ms. Bowling’s allegations do not come as a surprise to Inside Timeshare. Over and over the complaint begins:

“Oh, you should have been invited to a dinner!”

“Oh, you should have received a letter!”

Navy computer technicians George and Amanda Jones have allowed us to use their Diamond experience as an example, but first, here are excerpts from the lawsuit filed by Mary Bowling. Ms. Bowling alleges deceitful practices are endorsed and encouraged. It is the opinion of Inside Timeshare Diamond is not alone in employing such tactics. We have received complaints directed against several major timeshare companies.

Interestingly, Mary Bowling is suing, not because of deceptive sales, but because she was terminated when no one else was. She applied for FMLA 2-12-16 and was terminated 2-15-16.

Case 1:17-cv-00562-DKW-RLP filed in Hawaii District Court

Page 10 of complaint

#43 Owners Update is deceptive because it is to sell points.

#44 Customer is told the current “list price” but the agent has to see someone else.

#48 the sales agent has customer sign a form indicating they were updated and the agent has to have the manager sign off.

#49 the sales manager has reviewed all prior customer contracts and the manager falsely states the customer was given a “price freeze” but none exists.

#50 (In bold) because of the “price freeze” only today can the customer buy for the discounted price.

#51 (In bold) the price given is the real price planned from the outset.

#52 the “price freeze” never existed because (a) The special deal available to this customer only is available to anyone and (b) Urgent to buy only for today

#54 this is lucky news for the customer – brand new information!

#55 the sales agent waits for the customer to “step in”

us navy

By George and Amanda Jones, Navy computer technicians

We contacted Irene Parker at Inside Timeshare because we are angry about what the sales agents in Virginia and Orlando told us about refinancing. We are asking both of our loans be cancelled and all monies refunded. We knew we could not afford this vacation product at the interest rate being charged.

January 2017 we purchased 7500 Diamond points at Virginia Beach Ocean Air

Purchase price $28,200

Loan Balance is $24,163.36 and the interest rate 15.99%

Sales agent Tony Jones said we would be able to refinance the loan. He told us there were refinancing companies that specialize in timeshare. We have since learned banks don’t finance timeshares. We had questions and planned to refinance but decided to wait until the orientation. We had a bunch of questions but Tony never answered the phone.

(Note from Irene: In bold are statements George and Amanda say were made to them, supporting Ms. Bowling’s allegations. Diamond’s response, identical to other timeshare companies, was to produce their initials and signatures found throughout the contract, allowing timeshare sales agents to say anything under the sun to sell points.)  

In Virginia Tony said the price we paid was the normal price. We paid $3.76 per point.

We went to an orientation in Orlando at DRI Resort Mystic Dunes March 2017

Sales agent Jonathan Pineda (This is the second complaint Inside Timeshare has received from our readers directed against Mr. Pineda)   

4000 points purchased for $15,732

Loan Balance $13,271.16 at 18.6794%

Like Tony told us, Jonathan said both loans could be refinanced and combined because other companies specialize in refinancing timeshares so it would be no problem to contact one of them after we made our first payment. When I asked for the name of a company, Jonathan said we could just google it.

We were told we were buying the second purchase in Orlando at a price point that was almost unheard of and was not being offered to any new Diamond customers right now. “I can’t believe your first sales agent didn’t tell you about this price point from the first purchase!” Jonathan said.  Jonathan said if we did not buy that day we would lose out on this price and we would go from $2.85 price points to $10 from that day on if we did not buy that day. From this point forward if we ever went to an annual update without the intention to buy we would have to pay $10. He said don’t go to any future promotional events because it would change our price point. Jonathan said parents had died so the children did not want the points so DRI was reselling at this low price. He said DRI broke the points up into smaller portions.

Jonathan said that we needed to get to Gold so that we could pay our maintenance fees with points. We have since learned only Platinum members can use points to pay maintenance fees at $.04 per point. He said it would be worth it to spend all our savings so that we would not have to pay maintenance fees. We were not comfortable so we only bought 4000 points, which still depleted our savings.

We did not have our member number so we could not even get online (Numerous complaints made by DRI and other timeshare company members, illustrate how the rescission period is dodged.)

Thank you to George and Amanda for sharing their story and to Mary Bowling for coming forward. Inside Timeshare has heard from six active duty or retired military. Scotty Black, MS Criminal Justice, is in law enforcement. Scotty also alleges he was duped by a DRI sales agent. Scotty is one of our advocates. He forwarded Mary Bowling’s complaint to Inside Timeshare. These are people who put their life on the line for us. When service members are forced into foreclosure it can jeopardize their security clearance.

US military

Inside Timeshare did not realize we were launching a new Timeshare Wars series when we published former Marine Jeff Diehl’s “Grandview at Las Vegas” Vacation Village story or former Army Terry Carter’s “Another Military Family Wages War against Timeshare” Bluegreen experience. Thursday retired army Samuel Melendez and disabled veteran Karen Varten share their story.   

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

http://insidetimeshare.com/tuesday-slot-irene-2/

Inside Timeshare has also interviewed or heard from three former DRI sales agents, one manager, and two senior managers supporting Ms. Bowling’s allegations. This former Diamond timeshare agent shares her experience:

“Another reason people don’t leave the room is because in many instances the sales agent has used influence/manipulative tactics to build trust with the customer. One sales manager at another timeshare company told me to order a copy of The CIA Document on Human Manipulation. Many times the sales agent does not even know what is in the contract or how the program really works and is just repeating the jargon given to them by management to get the deal done. In my opinion, management is well aware of the deceit preying on the goodness of people. These corporate contracts, protected by the oral representation clause, are like putting a baby in with a lion.”

Inside Timeshare reached out to Diamond Resorts for comment. The company did not respond.

Social Media is allowing members to talk to other members. If you have a timeshare concern, contact Inside Timeshare or one of these self-help groups.

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/

united

Thank you Irene for that very informative article.

Now for some latest news from Canarian Legal Alliance, who have announced another two rulings against Anfi from the Court of First Instance in Maspalomas.

Their clients contracts have both been declared null and void, with one client being awarded over £16,000 including over £5,000 in maintenance fees and legal interest. The second client will receive over 29,000€ plus legal interest.

As you are all aware the CEO of Anfi José Luis Trujillo has been sending letters out to members in an effort to discredit CLA, below are some figures showing the number of new cases with what has been paid out and what is waiting to be executed by the courts.

  • 430 new cases against timeshare resorts in 2017
  • 107 of them against ANFI
  • 77 SUPREME COURT victories against various timeshare  resorts (Spanish legal History ),  32 of the SUPREME COURT victories are against ANFI
  • 1,210,169.11€ in pay-outs already received  by our clients from ANFI
  • 5,516,694.81 €-  already won in the courts against ANFI and ready for executions

It just seems ridiculous that the CEO can deny that Anfi is losing in the light of these figures which are verifiable from the courts themselves.

If you require any further information about this or any other article, contact Inside Timeshare and we will be pleased to help.

Just in from Madrid Supreme Court

The Supreme Court has just ruled for the 78th time, on this occassion it has been against the Tenerife company Silverpoint. The court has declared the contract null and void, awarding over £7,000 plus legal fees and interest to a British client.