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Diamond Resorts Europe

The Tuesday Slot with Irene

In this weeks Tuesday Slot we welcome a new contributor, Haley Saldana, who shares her experience with Resort Relief and Castle Law, the introduction is by Inside Timeshare’s very own Irene Parker.

But first, yesterday it was announced by Canarian Legal Alliance that they have secured a Court of First Instance sentence against Club la Costa, in the number 4 court of Fuengirola.

The case was brought against Club la Costa Leisure Limited by CLA on behalf of their English clients. The main basis for the judgement was the contract did not have an end date, which made it a perpetuity one, this has been declared illegal under Spanish Timeshare Law 42/98, which states that contracts have a duration of between 3 and 50 years.

In this case the contract has been declared null and void, with the clients being refunded a total of £19,442 plus all their legal fees and legal interest.

It is quite clear that the lower courts are following the now 115 rulings made by the Supreme Court, which is good news for all clients who have cases pending or are considering filing claims.

Now for today’s article.

Resort Relief and Castle Law Group’s Tangled Web

Part I: How Haley Saldana Lost $3,495 retaining Resort Relief

Part II June 1: Declarations of former employees of Castle Law Group, P.C. and Castle Marketing Group, LLC

Haley Saldana shares her Castle Law and Resort Relief experience

Introduction by Irene Parker

May 29, 2018

Former Silverleaf member Haley Saldana relates her frustration over a cycle of hopeful vacation promises that ended with a desperate need to get out. More consumer awareness is needed, so Haley has shared her story today hoping people ask the right questions before buying a timeshare or signing up to get out of one. It’s important to examine the reasons why people reach out to a timeshare exit company in the first place.   

Inside Timeshare has heard from 431 mostly angry, overwhelmed, desperate timeshare members. They don’t know where to turn for straight timeshare answers. Most allege that they either bought or upgraded a timeshare from sales agents employing bait and switch tactics. If deceived, or just not understanding the nature of the product they purchased, they soon learn the challenges one faces attempting to be released from a timeshare contract, especially if there is an outstanding loan. The contract is perpetual, and the resort usually dismisses the member with a “You signed a contract.” Some state regulators second that response. With no other way out, the buyer seeks legal or third party assistance, or gets foreclosed. In Haley’s case, seeking third party assistance cost her $3,495 and she still got foreclosed!

Haley explains why she feels she was deceived into purchasing a Silverleaf upgrade. Unable to get help from Silverleaf, she contacted Resort Relief. Haley is 31 years old and her husband Louis, 34. Haley and Louis went from Silverleaf timeshare owner, to Resort Relief, to Castle Law, and ultimately to foreclosure.

Through public filings, we obtained depositions from two former Castle Law Group, P.C. employees. Their descriptions of what it was like to work for Castle Law will be the subject of Friday’s Letter from America.      

By Haley Saldana

I contacted Resort Relief in 2016 after being convinced to make a second Silverleaf timeshare purchase. In 2014 we had paid approximately $11,000 for our first Silverleaf timeshare. We had no problem affording this purchase.

We feel we were deceived into making the second Silverleaf purchase. We could not use the bonus time that went with the original purchase. At a members’ meeting we were told a second purchase or upgrade would give us more availability, but it did not. I contacted Resort Relief. Resort Relief set us up with Castle Law Group. We were charged $3,495 February 2016.

Castle Law Group told us if we talked to Silverleaf they would drop us and keep our money. I heard nothing until I talked to a guy at Castle in 2017. He said to keep not paying and again told us not to talk to Silverleaf. We had gotten a letter from Silverleaf that said we should contact them. We received a second letter from Silverleaf June 23, 2017 that said if we do not pay them what we owed them, it would go against our credit, but we had been instructed not to talk to Silverleaf. By this time it had been well over a year since we had originally contacted Resort Relief February 2016.

I emailed Barb Holland from Castle Law the Silverleaf letter June 23, 2017.

Next, now almost two years later, we got a letter from Silverleaf January 26, 2018 saying that they were proceeding with foreclosure.

We notified Castle Law. Castle responded by letter informing us they no longer represent us because of a serious legal conflict with the organization that referred us to Castle Law Group (Resort Relief).

We contacted Resort Relief. Resort Relief owner Kevin Hanson told us, “I’m sorry, I lost $2 million because of Castle Law. He said that Castle Law Group came back to Resort Relief and said “Here are your clients. Castle Law Group is no longer representing Resort Relief clients.”

You would think Resort Relief would make things right since they were the ones that set us up with Castle Law. Instead, Mr. Hanson said if we pay Resort Relief $750 they will transfer our case to a local attorney. We lost the timeshare through foreclosure, and the $3,495 paid to Resort Relief/Castle Law. I have all the emails confirming this disaster.

Mr. Hanson said Baker & Britt is the local (Conroe Texas) law firm that is representing him (Resort Relief) against Castle Law Group.

On the creditor’s side of the fence, back in March 2017, I interviewed Kristie, an HOA collections agent. Kristie expressed her discomfort with Timeshare Exit Team and timeshare attorney Mitchell Reed Sussman. Countering Kristie’s comments, timeshare attorney Mitchell Sussman Reed responded:  

While I understand their position, the simple fact is that if the timeshare had any value at all….the resort should be thrilled to take it back so that they can resell it for a profit. Of course, since the timeshare is a liability and not an asset; the resorts refuse to take back what is essentially a lifetime financial obligation.

Senior citizens are especially vulnerable. When for health reasons or simply lack of income they are unable to utilize the timeshare the resorts have zero sympathy, refuse to take back the timeshare and then report the owner as a dead beat to the credit reporting agencies.

Shame on them, and bravo to any attorney willing to sue or otherwise punish the resort for taking advantage of the weak and infirm.

If a resort wants attorney’s in the field of timeshare cancellation to not feel as I do, they should simply agree to take back their timeshare when asked by their owner. Not by the attorney. Why should there have to even be attorneys in this field?

If timeshare resorts maintained a policy that would allow owners who are no longer willing and able to travel out of their timeshare, there would be no need for timeshare attorneys or timeshare transfer companies.

Mitchell Reed Sussman

Attorney at Law

http://insidetimeshare.com/timeshare-hoa-collections-agent-shares-experience/

Resort Relief has an A BBB rating! As explained on a TUG post below, an F rating may be more credible than an A+ rating.  

https://www.bbb.org/houston/business-reviews/timeshare-advocates/resort-relief-llc-in-conroe-tx-90046035/reviews-and-complaints?section=complaints

Here’s a complaint almost identical to Haley’s complaint!

Complaint

We were sent a letter from Resort Relief where we were talked to about getting timeshare relief for the Timeshare we have through Silverleaf Resorts and was told that this service was a money back guarantee and that we were going to be able to get out of our timeshare once we paid the $4050.00. We… paid the monies and was referred to Castle Law Group who took the information and received all of our documents for them to proceed. I had no heard from the in sometime so I contacted Castle Law Group for a follow up. I was informed on September 11th that the law firm could no longer represent us due to a conflict of interest and referred me back to Resort Relief. I have been calling nonstop and no one is available to give me information or anything. I have stressed that I want my money back and I am getting tossed back and forth from Resort Relief back to Castle Law Group and back to Resort Relief. This has been stressful and I am not getting anything but a Reba will bet back to me and I haven’t heard anything and the worker that answers the phone Tyler doesn’t either and he knows its stuff going on and can’t tell me.

Thank you, Haley for sharing your disappointing experience after responding to a “Get you out of your timeshare or your money back” ad, powered by massive search engines seeking desperate timeshare members. It’s very difficult to reach Castle Law and when I tried calling Resort Relief I kept getting the busy signal.   

Maybe it’s just me, but I find today’s timeshare product one of the most flawed products in history. First, members contacting us allege they were deceived into buying or upgrading a timeshare. When they complained to the resort, the resort dismissed them with, “You signed a contract.” The member is then driven into the net of a search engine, and contacted by someone that often is a former timeshare sales agent or executive. When we researched one questionable timeshare sales agent, we learned he had several open and closed LLCs with names like Vacation Planning. Hence, the sales agent dangled the bait, made the sale, the timeshare buyer victimized, the exit company next deceived them, and possibly by the very person who sold them the timeshare in the first place! Worse, one snoop removed from our advocacy Facebook, had in his background a company called, Timeshare Fraud Recovery. No question this meets the definition of racketing. The member is defrauded by an exit company and then contacted by the same people offering fraud recovery!     

We’re not lawyers, so Haley and Louis would need to contact a reputable lawyer for an opinion as to where to go from here. Given what money has already gone down the drain, I can understand her reluctance to pursue this further. It’s a mess.  

When a reader asks about an exit company, keeping an open mind, I contact the company, explaining one of our readers asked us whether we would recommend them. Often they hang up the phone after a few questions. Once I received a threat accompanied by a string of expletives. Three timeshare exit companies I contacted I feel are reputable and we have maintained communication in an effort to better understand this murky world of timeshare exits and transfers.   

One timeshare insider provided us with this Timeshare User Group forum (beginning November 2016). I can vouch for one of the licensed brokers mentioned, Judi Kozlowski. Judi has helped us out with a few of our articles.

(Brokers recommended) Fred Messreni

www.timeshare-gallery.com

Seth Nock

www.sellingtimeshares.net

Judi Kozlowski

www.timeshareresalepros.com

Tug review crew comment November 16, 2016

I’m adding one more voice strongly recommending that you steer clear of any and every “exit / release / escape” entity — and to ignore meaningless BBB ratings.

 

You might consider “sweetening” the TUGgiveaway” by now additionally offering to pay the transfer fees — and maybe even the next maintenance fee bill as well (…said bill is likely already in hand at this time of year, or very soon en route to you). You’d still be mathematically “ahead” compared to paying any shaky upfront fee parasite, whoever they may be.

Finding a valid new recipient is infinitely more “clean” and legally conclusive than getting involved with (and/or paying) any upfront fee “exit / release/ escape” entity. Bear in mind that some of these entities are actually committing outright fraud by design …which could boomerang back around to you in the future.

Good luck, but do yourself a big favor and stay away from any and all of these alleged “escape artists”.

TUG Admin February 23, 2018

Looking at your ad, we see you are still asking for money for your Festiva timeshare.

You also don’t appear to be offering to pay closing costs as the seller.

Both of these factors are the reason you are having no success in selling your timeshare…not that fixing them will guarantee a buyer…but having them is certainly guaranteeing that the only folks interested in your ad…are upfront fee scammers.

(You are welcome; we just saved you thousands of dollars being thrown away for an upfront fee company)

Contact any of these independent self-help groups if you have a question or concern about your timeshare.

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

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Irene and Haley, this industry is in dire need of a major shake up and regulation, the periphery companies such as resale, terminations and claims are a product of the greed of the major developers, with the lack of a resale market and the inability to terminate membership.

If you have any questions or comments regarding this or any other article published on Inside Timeshare, use our contact page and we will get back to you.

Have you been contacted by a termination or claims company, or have found one on the internet and are not sure if they are genuine, then contact Inside Timeshare and we will help you to check them.

Remember, by doing your due diligence and your homework, you will save thousands in the end.

Diamond Close European Sales Decks.

Last Friday, Inside Timeshare was given the following news, Diamond Resorts Europe have given notice that all their sales decks are to be closed forthwith. Sales staff in Malaga and Tenerife have been instructed to see a solicitor within the next 15 days, as there will be major redundancies.

So what is happening?

According to a letter passed to Inside Timeshare from a member, they are being informed that the European Sales and Marketing business has for sometime been facing a rather difficult time, in other words sales targets are not being met.

dri logo

Diamond state they have implemented a number of initiatives attempting to improve the performance of the European sales teams, but have admitted that it has not worked.

Therefore, Diamond have been forced to drastically reduce their sales and marketing operations in Europe, this is also subject to consultation with their team members. This is obviously a great blow to many of the sales staff around Europe, as Diamond are one of the major players, with sales decks all over Europe.

Diamond have gone on to add and reassure members this will not have any affect on their holidays, stating that “Diamond Resorts International continues to be a strong leader in the global hospitality and vacation ownership industries”. They also go on to say that any members wishing to purchase and increase their points ownership, will be able to as there will continue to be a dedicated team at their disposal.

It appears that there will be a few sales decks still operating , one has been named as Pine Lakes, in the UK, another is reportedly one of Diamond’s flagship resorts in Malaga, Sahara Sunset, with a apparently two remaining in Tenerife. These will obviously be run on skeleton staff.

At present it does look like it is mainly Diamond run sales decks, as yet we have not heard if it will affect any of the franchise decks, which did undergo a similar cut back earlier in the year.

This news is not that surprising, sales in timeshare resorts has been declining over recent years, the product has changed from the very first timeshares, where you bought a fixed week in a fixed apartment. Since then we have seen a move to vacation club membership rather than resort ownership, these clubs use the floating weeks and points systems, which offer only a right to use, subject to availability.

It must also be remembered that the way people book holidays is very different today, with many timeshare resorts available on various websites. Which is one of the main complaints from members, why did we purchase for so many thousands and yet non members can book at a fraction of our maintenance fees?

In the early days of timeshare it was also the quality of the resorts available that helped to sell “the dream”, after all, most package holidays were in not very desirable hotels. But again the hotel industry has improved, quality is very much on the agenda, with many hotels in recent years undergoing drastic renovations.

Another aspect for the decline in timeshare sales is obviously the all inclusive packages, again a week’s holiday for a family of 4 can be purchased for less than the average yearly maintenance fees.

future

So what of the future for Diamond sales in Europe?

To be perfectly honest, not good, many operators are scaling back their sales teams, timeshare is in decline, many owners / members are elderly, with children that do not want to take it over. What we call the internet generation, who have grown up with the unlimited availability on the web, without the initial huge outlay for membership.

Another question that has been posed, is what about Apollo in all this, could it be a move to also separate the US arm of Diamond from the European arm, a possible sell off?

As usual only time will tell, but for now, it would look like there are going to be a lot of ex sales staff looking for work in an ever diminishing industry.

Inside Timeshare will keep you posted on any latest news. If you have any comments on this subject or any other published, we welcome it as it helps to keep others informed.

 

The Wednesday Article from America

Following on from last week’s piece on the RDO’s use of an article in The Spectator, Irene Parker gives us the American take on it and how they are viewing timeshare in Europe.

One thing is for certain, they are looking to us for change in the way timeshare is sold in the USA, we have had many contact Inside Timeshare giving their stories, some are definitely “Nightmares on Timeshare Street”. This title has been used in three articles in the past, with stories that have hit home for many readers.

In this article Irene, interviews Timeshare Insider and author of Timeshare for Dummies, Lisa Ann Schreier, who we welcome as a new voice to our pages.

RDO – Are Unscrupulous Sales Agents a Thing of the Past?

A Timeshare Insider and one of 13 Platinum members respond

notes in hand

By Irene Parker

June 28, 2017

Inside Timeshare published a reality check response to Resort Development Organization’s article “Why Now is the Right Time to Reconsider Timeshare” offering an EU perspective.

http://insidetimeshare.com/rdo-selective-use-spectator-article-timeshare/

It is interesting to note an admission of guilt in this article as to the nature of the unscrupulous timeshare sales agent.

The Chairman of RDO is Susan Crooks, Director of Legal Services and European General Counsel, Diamond Resorts Europe, so the article is even more meaningful, considering her role. I have interviewed two EU Diamond sales agents. The agents said they refused to submit to the aggressive tactics imposed on American Diamond sales agents. One was the sales agent assigned to us when we stayed at Cala Blanca on Gran Canaria.

Here are excerpts from what RDO has to say about timeshare, followed by a report from one of the 13 Diamond Platinum members.

When you think of the word timeshare, what springs to mind? While for some it might be stylish and carefree getaways in your favourite holiday destination, for others it could just as easily be pushy salespeople trying to bamboozle you into signing an unwanted, lengthy contract.  Unfortunately, for a number of years the word timeshare has had negative connotations in the minds of many people, due to the often unethical and unjust way it was sold in the past. This is all changing though as the holiday market goes through a massive shakeup. Timeshare is evolving into something that everyone can enjoy!

In the past a proportion of timeshare was mis-sold to people through unscrupulous sales tactics from pushy sales people only interested in making a quick sale. People were persuaded to sign up for timeshare after lengthy and intense sales presentations which could last for hours. This included parting with large deposits on the same day. Now though, following strict restrictions imposed on developers by the European Timeshare Directive which must be followed by all shared holiday ownership companies operating within the EU, there is a ban on taking deposits on the day of the sales presentation from clients. In addition there is a mandatory 14-day cooling off period between a presentation and signing up for timeshare in which the individual is able to change their mind. The contract offered must also be in the client’s own language.

http://rdo.org/news/now-right-time-reconsider-timeshare/

In the EU and the US, the following groups have formed to protest and support other Diamond members.

  • DRIP website England, over 1,000 British members
  • Diamond Resorts Owners Advocacy 350 members

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

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

  • Club Intrawest: The Owners Group 3300 members
  • Gold Key Owner’s Forum 65 members
  • COPP website: Concerned Owners at Poipu Point
  • Monarch Grand Vacations Owners Group website

All of the above websites and Facebook pages include concerned Diamond members who don’t know where to turn. Most of those contacting Inside Timeshare are existing Diamond members, but complaints from several timeshare companies abound, alleging deceptive sales practices:

  1. Sell Diamond Points,
  2. Cover Maintenance Fees,
  3. Transfer from US to HI points because only Hawaii can rent points or transfer to US because there will be HI assessments (one Diamond member said they were shown pictures in Virginia of decaying Hawaii air conditioners),
  4. Prevent heirs from being stuck with Diamond points (this benefit is already available).  

In an interview with Timeshare Insider Lisa Ann Schreier and Diamond Platinum members Alan and Debbie Callner that took place at Diamond’s Mystic Dunes Resort June 19, we discussed timeshares flawed business model and the consumer’s deplorable lack of timeshare knowledge. Since the timeshare buyer in many cases cannot rely on the honesty and integrity of the timeshare sales agent, we agreed an organized media campaign is the only answer. “The sales agent is always right. The customer is always wrong” seems to be the developer’s motto.

End of Story

jigsaw 4

No it is not

Lisa Ann Schreier, author of Timeshare for Dummies, has worked in the timeshare industry for approximately 20 years.

It was a quiet morning after “Event of a Lifetime” – a Diamond promotion celebration with country music artist Cole Swindell performing to a packed house. The restaurant was open but in transition from Integrity Golf to Diamond management, so the golf course was closed and the restaurant temporarily without a liquor license.

I asked Lisa if she has seen an upswing in predatory timeshare lending over the years. One of the roles of the Consumer Financial Protection Bureau was the enforcement of the Dodd Frank Act which has recently been rolled back by the Trump administration. I asked Lisa if she thought the rollback would lead to even more free-wheeling timeshare lending practices, especially in terms of non-verified income and generous lending limits.

“Timeshare lending has always been freewheeling,” Lisa explained. She provided a true story example told in parable fashion:

This happened many years ago when I was a timeshare sales agent. I was getting to know a gentleman who agreed to a presentation. One of the first things he said to me was, “I need to know if you have accepted Jesus Christ as your savior.” Somewhat taken aback, I informed the man that it might be best if I found him another sales agent as I am Jewish. Intrigued however, I asked the man what led to his conversion. He responded he had been converted in jail and had been released just a month earlier have fulfilled a lengthy jail sentence.

Thinking this was the end of my tour, I sought my manager to inform him that my potential customer was a NQ (not qualified). My manager advised me to proceed. “Proceed? Should I conduct a vacation survey? Will his income history be relevant?” Lisa questioned.

Alan and Debbie Callner and my husband and I sat mesmerized as Lisa shared other incredible and interesting timeshare stories with us as several sales agents filed past us with their potential customers following their Event of a Lifetime.

Alan and Debbie are one of thirteen Diamond Platinum members concerned with Diamond’s sales practices. Seven of the thirteen allege almost identical complaints all having taken place at Diamond’s Polo Towers or Cancun Las Vegas Resorts.

Inside Timeshare encourages our readers to report positive as well as negative timeshare experiences. Alan shared his check-in experience.

Alan was somewhat concerned about the check-in at Mystic Dunes after reading a post from a DRI Facebook Member who said she had been held captive for three hours at Mystic Dunes in a hard sell presentation to buy points after check-in.

In the Callner’s case, Alan and Debbie were whisked through VIP check-in. They were invited but not pressured to attend an update. In place of an update, Marcos came to their room with a gift bag chatting amicably about Orlando and local sites to visit other than the theme parks.

A non-invasive program for Diamond members who really have no desire or need to buy additional vacation points would be a real plus. We hope Alan and Debbie’s  comfortable check-in experience did not happen only because their account had been flagged as a member who filed a complaint with the Arizona Attorney General.

Alan and Debbie filed an AZ AG complaint alleging they had been sold 20,000 additional points by Rick Casper at Cancun Resorts in Las Vegas July 2016, convinced to buy an eighth timeshare contract because of a resale program that months later they found out was non-existent.

Allegedly, “Rick Casper told us we should contact him when we needed to sell points because he had people that would buy them. This was the only reason we upgraded from 30,000 points to 50,000 points. When we contacted Rick earlier this year, we learned from Dan Percy (Rick Casper’s immediate boss) that we could not have been told that and we might be able to sell them through a resale third party. We never heard a response from Rick Casper.”

“In addition, we asked Rick about combining our seven previous contracts into one contract covering all 50,000 points. Rick Casper (allegedly) advised us not to do so as it would be easier to sell smaller quantities of points and inferred he could do so easier having contracts in increments, as when someone wants to upgrade from Gold to Platinum requiring only 20,000 additional points.”

“The thought of being able to sell was a relief.”

Inside Timeshare has received 82 reader complaints. Some expressed only the desire to relinquish, but 53 Diamond members have alleged deceit and bait and switch. Of the 13 Platinum members, six filed almost identical complaints against Rick Casper. A report compiling complaints from all loyalty levels is being prepared. If the timeshare industry continues to deny problems on the front end of the sale, efforts will be directed towards regulators, politicians, law enforcement and the media. At some point the testimonies will be overwhelmingly compelling.

know your rights

The two timeshare owning families at our Mystic Dunes table owned timeshares for a collective 70 plus years. We all agreed, verified by Lisa, timeshare predatory sales and lending has escalated to a level never seen before, perpetrated by more than a few timeshare companies.

“No heat, no eat” is a mantra shared by the eight timeshare agents I interviewed who, at some point, decided their conscious would not allow them to stoop to the level necessary to exist in a timeshare world that has led to thousands of internet complaints and lawsuits.

We hope the new timeshare world order as described by RDO will migrate to America as the timeshare members Inside Timeshare has heard from, clearly feel America is nowhere near the hospitable and transparent timeshare world RDO describes.

In a way, we in Europe seem to be the lucky ones in the timeshare world, we have a system of regulation which is being enforced. It all started with the European Union bring out the first Timeshare Directives to protect consumers, although the industry did lobby for their own versions, the EU has continually strengthened them. Some countries have gone even further and added even stronger regulations, Spain in particular is leading the way.

Some of the regulations brought in and enforced by Spain include: Contracts no longer than 50 years; Floating Weeks and Points Clubs being outlawed; enforcing the 14 day cooling off period and the taking of any deposits even by a third party, within this period.

Another aspect Spain has included and is being used by the courts is the doubling of any payment made within 90 days, where the consumer did not receive all information required by law.

Timeshare could be a good product, but regulation is the key, for too long we have seen in Europe, resorts and developers running roughshod over consumers. Unfortunately we still do have some who only think of themselves, we have highlighted many of them within our articles in the past. The story of Mrs B and MacDonald Resorts, the recent story of the Ona Group at Los Claveles are just two. There must be change and the time for change is now.

Welcome to Monday and a Happy Birthday to the National Timeshare Owners Association

Welcome to our Monday article, we start with some news from Europe, Canarian Legal Alliance has been at it again. More news from the courts in Tenerife finding for CLA clients against Silverpoint.

On 2 May, the judge presiding over The Court of First Instance No 5, ruled the contract these clients had contained several infringements and declared the contract null & void. The judge also ruled they should be awarded over £25,957.79 plus the return of their legal fees and legal interest. In this case the main infringement was the floating weeks. The Spanish Timeshare Law 42/98 was reaffirmed by the Supreme Court, a timeshare contract must include a specific date, location and period.

The following day, the same court declared yet another contract from Silverpoint illegal under law 42/98, this infringed the length of the contract. The Supreme Court on numerous occasions have stated that under the law no contract can be over 50 years. The judge in this case again declared the contract null & void, ordering Silverpoint to return over £8,856.71 plus legal fees and legal interest to the client.

Canarian Legal Alliance also received a visit from the Kavli Family, who had their Anfi contract declared null & void awarded back over 39,413€ plus legal interest. Their visit while enjoying a relaxing holiday was to thank the entire team at CLA for all the work they put in to resolve their situation.

Kavli

On another note, this weekend saw the awards presentation of the Canary News Business Awards. Canarian Legal Alliance won the the award in the Service Category, with the Head of Operations, Csilla Nazali being awarded Business Person of the year, this was accepted on behalf of the entire CLA Team. So congratulations to them.

It would also appear that our “Fake Law Firm” the Litigious Abogados family have a new member, Abogados Amable & Garcia. The website is very much like all the others, accept they have a few new photo’s of “Lawyers” with some new names: Juan Hernandez Amable, Armando Ignacio Garcia and Ramon Quemon Cremul. These have not been traced on any Bar Association register. Even the logo on the website is a rehash of the Abel Garcia one. More on this as the information starts to come in.

abogadosamablegarcia-amable-garcia-logo

So on we go with the NTOA article, this follows the news that TATOC, the association that is supposed to represent owners committees, is going into administration. As you will see from the article, there is a difference between the two organisations. The NTOA is independent of the industry, whereas TATOC was funded and run by the industry for the benefit of the industry and not you the owner’s / members. After all we know that Harry Taylor took up his position with TATOC while still a senior figure with Diamond Resorts Europe. We also know he supported MacDonald Resorts to the hilt against owners, when MacDonald’s decided to remove all fixed week owners and replace them with a points system, legal action on this is still ongoing. Somehow we think that is a conflict of interest and not conducive to being “independent”.

stop press 1
Just before publishing today’s article, ARDA once again unleashed its powerful propaganda arm in retaliation against Don and Irene’s FOX Property Man interview with Las Vegas attorney Bob Massi. This was Don and Irene’s attempt to warn the public about Diamond Resorts points not being able to be listed with a member of the Licensed Timeshare Resale Broker Association. A timeshare member can list any major timeshare except Diamond Resorts with any of the 64 members of the LTRBA. The members feel the restrictions Diamond places on the use of secondary points are more onerous than any of the major timeshares they do list.  

You decide the merit and purpose of this interview. The industry continues to ignore the secondary market preferring to promote surrender programs. While the elderly are often mentioned, many young families who feel they were defrauded on the front end of the timeshare purchase have reached out to Inside Timeshare to let their voices be heard.

http://wjla.com/features/7-on-your-side/7-on-your-side-uncovers-the-smart-way-to-break-away-from-your-timeshare

One of the many Diamond Advocates has reached out to the ABC reporter to offer a 101 in Truth. Why Diamond will not loosen its restrictions so that a member can actually sell their timeshare is a mystery.

Our National Timeshare Owners Association 20th Anniversary

NTOA – A Timeshare Member’s Only Voice

Lobbying

By Charles Thomas and Irene Parker

May 8, 2017

European timeshare member lobby efforts are in a state of upheaval due to the bankruptcy of TATOC. It is not always easy to determine if an organization is on the side of the timeshare member or on the side of the developer. One thing is clear. The timeshare developer is not on the side of the member when the interest of the member is at odds with the developer.

The National Timeshare Owners Association in the US is one timeshare member/owner organization unquestionably on the side of the owner or member. As the industry moves towards points, timeshare buyers don’t “buy” or “own” anything. I will use “member” from now on when referring to timeshare purchases.

Timeshares today are mostly a “right-to-use” program. Buyers “join” the program. Unlike a country club that charges a nominal initiation fee upon joining, a timeshare purchased directly from a developer usually involves an initial outlay of $25,000 to over $100,000. Unlike a country club, you can’t cancel at whim.

Signing a perpetual contract without a secondary market, or a limited secondary market at best, has given rise to a robust transfer agent scam industry and has been a boon for timeshare lawyers assisting those sold by “deceit, concealment or bait and switch”, defined by the FBI as White Collar Crime. There have been numerous lawsuits.

Timeshare developers have been unwilling to address the need for a secondary market, preferring to focus on voluntary surrender programs, which are not guaranteed. Often members must grovel before the developer seeking release from a timeshare they no longer need or want.

This unwillingness to allow a legitimate secondary market could lead to the industry’s demise. As one member of the Licensed Timeshare Resale Broker Association told me, “Many of the calls to our office begin with – my parents got roped into this timeshare.”

Timeshare has had its share of ups and downs over the years. My husband and I bought our first timeshare in 1984, so we have ridden the waves. Never have I seen such an upswing in predatory lending and aggressive strong arm selling tactics. Never before has there been such a need for an organization that truly and purely is on the side of the timeshare member.

I asked Greg Crist, CEO of the National Timeshare Owners Association to describe the organization in a nutshell.

NTOA is a source of real and unbiased information and education. Over the organization’s 20 year history in the timeshare community, we have seen many ownership programs develop and later change. For example, developers have been converting to points programs from deeded intervals for several years. There are other major changes happening in vacation ownership and often owners are not keeping up with those changes. Our role is to help educate those owners (our NTOA members), assisting them to better understand their current ownership benefits”.

“Advocacy is another area we focus a lot of attention on in the United States, Canada and now Mexico. We work with law enforcement, regulators, legislators and attorneys, assisting in consumer protection and again educating all stakeholders on various threats to consumers that exist in the marketplace”.

“Finally we do everything we can to encourage owners to get the most beneficial interest out of their Vacation Ownership. As timeshare owners ourselves, we feel these are the three areas that owners typically seek knowledge and support from us.”

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Greg Crist: CEO NTOA

Inside Timeshare previously published an article about NTOA’s efforts chasing fraudulent timeshare transfer agents caused by the limited secondary market. This is one area the NTOA and the timeshare developer lobby organization ARDA share a common interest. As NTOA works so much behind the scenes, many timeshare members are not even aware of the organization’s existence.

We hope that will change as we launch a membership drive.

Here is one example of how NTOA worked with Eagle Crest in Oregon to stop this particular timeshare transfer fraud.

http://insidetimeshare.com/timeshare-hoa-collections-agent-shares-experience/

As to the demise of TATOC in Europe, Greg expressed some dismay over the demise of this organization.

“The NTOA has worked with TATOC in identifying a number of rogue resale and secondary market companies over the past several years. To that end, our staff has shared intelligence and best practices for consumers and for foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.”

I posed the following questions to Greg:

What can a timeshare member do to promote legislative changes to reduce the volume of complaints about aggressive selling and predatory lending?

Greg: The various state legislative processes are often fast moving and difficult to keep up with. Having success in this area requires a grassroots effort in states where owners reside. The optics that many legislators have is that our owners/members are not voters in the states where industry lobbying is prominent. We have to change that perspective so that elected officials are more receptive to the voices of owners.

What is NTOA’s three to five year plan?

Greg: NTOA is in the final leg of its expansion plan in North America. We have been working in Canada for the last three years and began working in Mexico in 2016. This year, we are participating in two industry conferences in Mexico and intend to have a consistent presence there going forward.

To accomplish this part of our mission, we rely on close relationships with other associations in those countries. This includes the CVOA, CARE, ASUDESTICO and ACLUVAQ. In working with partners, we can not only better assist our members/owners but also promote regional tourism as well.

Is there anything NTOA can do to promote a legitimate secondary market?

Greg: The secondary market is a very complicated problem and no one-size fits all solution will work. The NTOA is working with the C.A.R.E. resale task force to develop a better understanding of the barriers, challenges and opportunities for owners and HOA’s.

When you support the NTOA, you are supporting the only recognized independent association in North America supporting timeshare owners.

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Timeshare Advocacy needs more member voices. We look forward to hearing from you. For more information about how to join NTOA, here is their website.

https://www.ntoassoc.com/

NTOA has assisted many of our Inside Timeshare readers through member supported advocacy groups. We have several upcoming articles contributed by timeshare members reaching out to the general public and to current members by sharing their story hoping to promote increased awareness.

Diamond Resorts Owners Advocacy is one Advocacy Group Inside Timeshare supports. We hope other timeshare member groups join the cause.

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

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

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

Inside Timeshare would like to thank Greg Crist, CEO of the NTOA for his contribution to this article, as usual Irene has done a superb job of conducting the interview.

We would also welcome any views or comments on any article published, it is your voice, use it.

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