Browse Tag

Financial Institution Fraud

Friday’s Letter from America

In today’s Letter from America, Scotty Black another service veteran tells his own story of his “Nightmare on Timeshare Street”. These stories are becoming all too common at Inside Timeshare, with readers contacting us on a daily basis. But first we have a look at what is happening in Europe.

As we have reported on many occasions, Anfi deny that they are losing cases and that no one is getting paid out, well we would like to share with you a press release from Canarian Legal Alliance.

One of their clients won their case at the High Court in las Palmas, Anfi appealed to the Supreme Court, the judges in Spain’s Highest Court confirmed the sentence and ordered Anfi to pay back double the amount of the deposit paid during the cooling off period, which is prohibited by law.

This particular client has now received into their own bank account the sum of 37,979€, this leaves us in no doubt that regardless of what Anfi claim, they are losing and clients are being paid.

c2

CLA also issued the following figures on cases for this past week.

  1. In the Courts of First Instance in Gran Canaria and Tenerife there have been 5 rulings in favour of their clients against Anfi and Silverpoint.
  2. In Tenerife, the High Court ruled once again against Silverpoint.
  3. There were also 3 Rulings in favour of their clients at the Supreme Court in Madrid, these were again against Silverpoint.
  4. In total, CLA clients have been awarded a massive 402,552.19€ Not bad for just one week.

Staying with Anfi, several of our readers have enquired about another letter sent by the Anfi CEO, in this he stated that any contract signed between January 1999 and January 2001 had a 2 year window for adaptation. The law referred to is 42/98, this was passed in 1998, it became effective on 5 January 1999, so the question is why would  resorts and developers be given a 2 year period to change?

Surly the period between the law being passed and coming into force is the window to change?

What would be the point of setting a date for the enforcement and then allowing things to continue as before?

These are questions that need to be answered, Inside Timeshare has asked for clarification on this and is waiting for an answer. We will publish in full when it is received.

More readers have informed Inside Timeshare that they have received a letter from the Police regarding the following Mark Rowe companies:

  • Monster Travel (known as Monster Group/Monster Rewards)
  • SellMyTimeshare
  • Complete Internet Solutions
  • Hollywood Marketing

These are being investigated as we reported previously by the South West Police, it looks like a major criminal investigation, if you have had any dealings with any of these companies you can contact the Police at the address below.

South West Police ROCU. DC 4624 Katie Andrews. PO Box 37, Valley Rd, Portishead,Bristol. BS20 8QJ

Now on with our Friday’s Letter from America.

A Letter to Timeshare Developers and ARDA

Law Enforcement, Military and Lawmakers

Our Mission to Stop Timeshare Crime – Front and Back

EW

February 9, 2018

By Scotty Black, M.S. Criminal Justice, former Navy

Promissory Note $65,741.14 @ 14.4309%

How I got here

  • Purchased 5000 timeshare points October 2014 Scottsdale AZ CA Collection
  • Purchase price $13,000
  • October 13, 2016 in Hawaii we bought 15,000 additional points
  • Name of sales agent Brian Holmes
  • Purchase price is $75,710
  • $4500 on a resort issued Barclaycard used for the down payment
  • Monthly payment $1,037.84
  • Maintenance fees $4,006.22

I am one of 22 active duty, retired military, law enforcement agents, feeling victimized by timeshare. For my family, I would describe timeshare as a parasite killing its host. Like Amanda and George Jones, I’m worried about losing my security clearance. Like, Lela Renea, I work in law enforcement. Like Kevin Hopkins, I am military trained in Electronic Warfare. I never imagined we would need that training to fight in a Timeshares War. Kevin is retired Air Force. I served in the Navy. My primary job was Electronic Warfare, but partly due to my attitude, I was sent often to security, so I ended up assigned to the Special Security Force, Battleship Missouri. The fact that this is the second complaint in a matter of weeks from an electronic warfare veteran and that there are 22 of us working, or having served to protect our country, filing timeshare complaints, is telling.

Kevin was featured in this article on January 30 unidentified, but as Kevin has since received his automatic knee-jerk, “Sorry, you signed a contract” denial, Kevin has been identified and has joined the ranks of Inside Timeshare Contributors.

http://insidetimeshare.com/tuesday-slot-irene-8/

Kevin’s sales agent managed to work in every oral misrepresentation possible into one presentation. He’s working on an upcoming article about his experience.  

Timeshare companies have negatively affected national security with their fraudulent sales practices. Active duty Navy Technicians George and Amanda Jones could be forced into foreclosure. They say they were assured by two sales agents in two separate states they could lower their 18% loan interest rate by contacting finance companies offering a lower rate or a military rate. “Just Google it,” their sales agent said. Banks do not finance timeshares. Consumer credit issues can cause a revocation of security clearance. Jeff is in the process of writing to the Commandant of the Marines.

Jeff Diehl, former Marine, purchased a timeshare at Vacation Village

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

Lela Renea, a detective, who purchased a Bluegreen timeshare

http://insidetimeshare.com/fridays-letter-america-11/

Amanda and George Jones, active duty Navy, purchased a Diamond timeshare

http://insidetimeshare.com/tuesday-slot-irene-3/

We have summarized our reports from our 22 unit members and have reached out to Whistleblowers of America, an organization that seeks justice for military and government employees. If you are not drowning in timeshare loan payments, credit card payments and maintenance fees, consider a donation.

https://whistleblowersofamerica.org/

Here’s what happened

In Hawaii, October 2016, we asked our timeshare sales agent Brian Holmes what would happen in the event we could no longer make payments. As we were told in Arizona, we were told again points could be rented and that we would be able to sell the points, likely at a profit, especially since we purchased them at such a low price – a price so low because “a sales staff member forgot to file the declination of purchasing more shares in a previous presentation…!”

meet

We were told Hawaii points are a good investment. This sticks in my mind because my wife had to write a statement to that effect, so the purchase at such a low rate could go through. As for the potential of profit, we were told there is a land-usage moratorium on how many places and percent of the land can be built on in Hawaii so this would also make the points appreciate, even with a speculation of over $10 per point. We were told we would need to sell points through the secondary market but that would be easy.

We have since learned our vacation points have no secondary market and that renting points through a third part website is not allowed. I contacted members of the Licensed Timeshare Resale Broker Association. Not one I spoke with would even accept a listing for our Diamond points feeling the restrictions placed on the use of secondary points renders the points worthless. Since LTRB members, unlike some scam timeshare exit companies, do not accept an upfront fee, it’s a waste of their time to accept a listing.  

In Scottsdale, at an “owners update” early September 2017, long after the issuance of the Arizona Attorney General’s Assurance of Discontinuance, we experienced yet another highly aggressive sales presentation. The length of the presentation was a violation of the AOD. We complained repeatedly that we wanted to leave. We were told it was not a sales presentation and they would not try to sell us points, but after the 55 minute presentation we were paired with a sales agent for at least two hours.  My wife had broken her foot on resort property the prior day and was in pain. She had to keep her boot elevated. They still did everything they could to keep us from leaving. I still was experiencing symptoms from a car wreck that had required a hospitalization. We were both on painkillers.  

Ultimately, I contacted Irene Parker and our Timeshare Advocacy Facebook group.

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

Irene suggested I contact Diamond’s Consumer Advocacy Department, which I feel has nothing to do with consumers. The “hospitality” agents are fine print detectives, in my opinion.

Irene explained about Diamond’s new Quality Assurance program, CLARITY, launched after the AOD was issued. CLARITY is reported to be about accountability, transparency and respect for the customer, but as Irene predicted, our Hospitality agent referred us to the oral representation clause. I ask what purpose CLARITY serves, other than a piece of paper to hand out to provide a false sense of security, making it seem like the company cares about false promises made by sales agents.

Researching timeshare in general, I have come to believe many timeshare sales agents employ tactics that meet the FBI’s definition of white-collar crime, Financial Institution Fraud, defined as “deceit, concealment, violation of trust and bait and switch.” Timeshare buyers who feel they were victimized should file complaints with the following agencies:

  1. The Better Business Bureau
  2. The Attorneys General (The AGs where you signed, where the firm is headquartered, and where you live)
  3. State Real Estate Divisions against the individual agent
  4. The Consumer Financial Protection Bureau
  5. The FBI (if as serious as mine at IC3.gov and orally through a field office public access line #4 prompt, then #3 white-collar crime prompt)
  6. The FTC if you have any energy left

Other agencies that investigate multinational and cross-border financial institutions

We know criminal actions on the part of timeshare sales agents extend beyond any one resort, except for Disney Vacation Club. Somehow they manage to show a profit without resorting to deceit.

mickey mouse

Hopefully, timeshare executives and lobbyists will read this. We know one lawmaker has.

http://insidetimeshare.com/lesson-timeshare-companies/

If you need help, call us.

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 Scotty for sharing your “Nightmare on Timeshare Street”, we find it appalling that veterans are being treated like this, facing foreclosure and ultimately losing the valued and hard earned security clearance after years of loyal service. All we can say is shame on the the sales agents and even more so on the developers for allowing their sales agents to behave in this despicable manor.

News has just come in from Madrid, the Supreme Court has issued another sentence this morning against Silverpoint, this is now 89 rulings made against various timeshare companies by Spain’s Highest Court.

The latest ruling has awarded British clients of CLA a massive £36,000 including £8,000 which is double the deposit paid within the mandatory 14 day cooling off period, plus legal interest. The contract has also been declared null and void, so congratulations the these happy ex-timeshare owners and great well done to the staff and legal team at CLA.

Today we have received another email from yet another victim of Ramirez and Ramirez, it seems he is upto his old tricks again. The last we heard from him was in April 2016, (see link below).

The pitch is the same, the consumer is contacted and told that their claim has gone through, there is a substantial amount, in this case over £31,000 waiting for them at the court. All they had to do was pay £1,498 to Ramirez to get the payment underway, then they were told they had to pay £2,560 Tax  to the Agencia Tributaria (Spanish Tax Office) and the money will be released.

Please be aware this is one experienced conman, there is no money waiting for you at court, there is no tax to pay to release this ficticious money. Unless you have instructed a lawyer to act on your behalf through the courts then there is no claim.

The Resurrected!

That’s it for this week, a very big thank you to all who sent in valuable information which will always help others and to those who have contributed to the articles from our Cousins across “The Great Lake”.

Remember, if you have any questions about any article published or just need advice on whether to do business with any company, contact Inside Timeshare and we will point you in the right direction.

Have a good weekend.

weekend

 

The Tuesday Slot with Irene

Welcome to another Tuesday Slot with Irene, this weeks article is the first of a series which will cover some useful tips on how and who to file a complaint with, but as usual a quick look at Europe.

beware

Yesterday Inside Timeshare published an article about Worldwide Timeshares Unlimited based in Lowestoft Suffolk, with the website

https://www.timeshares-unlimited.com/

Registered to the “infamous” Antoni “Toni” Muldoon.

On the website they show 4 logo’s, RDO, RCI, Expectations Holidays and Canarian Legal Alliance, according to the website they claim to work closely with CLA, even having “cut & paste” copies directly from the CLA news section.

Inside Timeshare has had confirmation from the RDO, Expectations Holidays and Canarian Legal Alliance that they have no knowledge or ties with the said company or website. RCI have also been informed, but as yet no reply has been received, but it is safe to assume that they have not given any permission for their logo to be used.

This just goes to show that you cannot believe what you see or read on the internet, just because a website shows a logo or states they work closely with a company or organisation that it is true. Always do your homework, check any company fully before engaging in business, check that their claims to work with or are affiliated with others is genuine.

It would also appear that Anfi is once again on the offensive, this time they have been sending out emails to UK members regarding a recent BBC TV program Rip Off Britain. In this program they travelled to Tenerife to investigate a “fake” law firm, one that Inside Timeshare has been investigating and reporting about for the past 2 years.

Although this is laudable, it is the tone of the email that is the problem, rather than actually naming the “fake” law firm, it has been left open and vague, giving the impression that all law firms dealing with timeshare claims are not genuine.

It is obvious from past emails from the CEO José Luis Trujillo, that the aim is to discredit the Arguineguin law firm Canarian Legal Alliance. These lawyers have been instrumental in securing 84 Supreme Court rulings against various timeshare companies, with 39 against Anfi alone.

On the point of the “fake” law firm in Tenerife, Inside Timeshare was asked to provide CLA with any evidence it possessed, to augment their own, as some of their clients had been contacted by this Tenerife outfit. Our evidence along with that from CLA was then handed to the Guardia Civil along with a denuncia, this is now under investigation.

It has also been a little quiet at the courts so far with only one sentence being reported, once again Anfi are the culprits.

The Court of First Instance in Maspalomas declared another Anfi members contract null and void, ordering that over 55,000€ which also includes a double deposit be returned to the client, the court also awarded legal interest.

It does make you wonder who is telling the truth, Inside Timeshare leaves you the reader to decide based on the evidence presented.

truth meter

Now on with this weeks article from Irene Parker.

Timeshare Tips

Due to an Escalation in Volume and Criminal Nature of Complaints

White collar

By Irene Parker

January 28, 2018

IT Timeshare Tips #1

Inside Timeshare has received an astonishing number of reader complaints. Since January 1, 38 timeshare members have contacted us. Since we began counting late 2016, 291 complaints. The majority voice allegations that clearly meet the FBI definition of white-collar crime, Financial Institution Fraud.

https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

Timeshare members should only contact the FBI if the allegations are of a serious nature. For example, “They promised me a cruise, but when I went to book it, it cost $1,000” is not a serious enough allegation. A free cruise that turns out not to be free is a frequent complaint, but would be best reported to the Better Business Bureau in the form or a complaint or a review.

Here is an example of a complaint that has been reported to the FBI and to BBB:

We were sold vacation points fraudulently by XXX sales agent SXXX MXXX Jan 2017 at GBO Resort. We went to a sales presentation. We met with sales agent S M, and told him our biggest complaint was the maintenance fees. Mr. M told us if we bought 3000 more points, to get to 5000 points, we would become Highest Loyalty Level members and we would be able to sell back points to pay maintenance fees at $.50 per point.

Criminal Complaint #1: The Highest Loyalty Level requires 50,000 points

Criminal Complaint #2: There is no program to sell back points to pay maintenance fees

He said, “You do this at the end of the year”

Criminal Complaint #3: By telling the victim to wait until the end of the year, and by not allowing access to the booking site until after the contract rescission period, the agent and/or company can dodge the rescission period.

He said this would be enough to pay all our maintenance fees.

This was what really sold us on the program.

Mr. M also said beginning in January of 2018 there would be a “cash out” option where XXX Timeshare Company would offer to buy our timeshare if we were not happy, we would probably take a loss, but we would be free and clear.

Criminal Complaint #4: There is no buy-back program

Thank you for using the Better Business Bureau’s Online Complaint System.

busted

As this is an active complaint, we will not publish the name of the timeshare member, the timeshare company, or the sales agent, to give the company a chance to make this victim whole again.

Most importantly, do not respond to anyone who private messages you, calls or emails offering to help you get out of your timeshare. Contact Inside Timeshare or your Facebook admin if you are contacted. Teams have been established to gather information to make a determination as to whether the company is legit. Most are not.

There is no federal enforcement other than timeshare advocacy groups. State enforcement is spotty at best. Contact Inside Timeshare or one of these U S advocacy groups we know not to be industry influenced.

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 to Irene and all those who proofread and edit the drafts, this article should prove to be very helpful to many of our US readers.

If you require any information about this or any article published, or just need help to decide who to trust and how to check them out, contact Inside Timeshare and we will point you in the right direction.

Remember to do your homework and stay safe.

calm homework

Friday’s Letter from America

Here we go another Friday’s Letter from America, this week Irene Parker explains reporting a crime to the FBI, regarding timeshare complaints. To us in Europe this appears a little excessive, especially when we take the situation with timeshares purchased in Spain. But in the US, consumers do not seem to have the same protection as those in Europe.

Now for a round up of European news, once again Anfi have been ordered by the High Court in Las Palmas to return over 36,000€ plus legal fees and legal interest to an ex client. In this case the contract was again declared null and void, the main infringement of the timeshare law is once again the contract duration of over 50 years, or what is known as perpetuity. This point has been the subject of many rulings from the Supreme Court.

Still on the subject of Anfi, a Norwegian journalist and Anfi member is starting to ask questions about the accounts for Puerto, Monte and Gran Anfi. It would seem that they are owed huge amounts from Anfi Sales and Anfi Resorts.

At present Inside Timeshare is looking into this and will publish in the near future, suffice it to say, from the copy of the post received, it looks as though there is a substantial amount outstanding. This journalist also asks the question if this is the reason for the lack of maintenance and upkeep at the resort?

More on this subject as and when we get the confirmed information.

Amador Galeca, one of the “Fake” law firms which springs from the Litigious Abogados family has been active again, with Inside Timeshare receiving many enquiries as to if these are genuine.

Once again, these firms are not genuine law firms, they have in place a very elaborate fraud, designed to fool owners into believing they have cases at court. Search Litigious Abogados in the search box, there you will find the story going back around two years.

The unfortunate aspect of this is the frequency with which they change the names of the law firms and the websites. This makes it very difficult for the authorities to keep up on their investigations. The one thing that does help, is the fact the websites are all the same except for the names.

In the end, it is up to you to check if they are genuine before paying these companies, it is no use after you have made the bank transfer, that money is long gone. This is the reason for creating the urgency, with stories such as the director is pleading guilty and the trial is in 3 weeks, so you need to hurry if you want to be part of this claim!

Now on with this week’s Letter from America.

How to Report a Crime to the FBI

graph

By Irene Parker

January 19, 2018

There has been a change in strategy in reporting to the FBI if timeshare members feel they meet the definition of white-collar crime, financial institution fraud defined as “deceit, concealment, violation of trust, bait and switch.”

I’m still recovering from the comment Anthony Davis posted January 11 in response to one of my articles. Anthony wrote that he recorded a timeshare sales presentation. Anthony is an army vet, 90% disabled after serving three tours in Iraq and Afghanistan. Coincidentally, someone who works in law enforcement contacted me just after I spoke with Anthony, informing us they wanted to donate a GoPro Hero 5 Session camera. My husband and I picked up the camera and drove to Orlando to meet Anthony and Ashley. They came to Orlando because they said they were required to attend a mandatory timeshare presentation scheduled for January 13th. This was their second required new member orientation and they had to bear the air and Uber expense to travel from Tennessee to Florida for two days, just to attend the orientation. Armed with our new GoPro, we recorded an interview with Anthony and Ashley. We also recorded the recording of the orientation.

https://www.youtube.com/watch?v=phUjnrIG3bI

The next morning, alarmed at what I had heard on the recording, I contacted the FBI. It took a while to explain the significance of this recording, because the FBI is not as familiar with timeshare as they are with say, terrorism, but the agent took the time to understand. At the end of our conversation agent #2222 (I did not ask permission to use his real number) concluded timeshare members need to call their local FBI field office and report orally through the FBI public access line, selecting option #4, white-collar crime. I thought he was going to dismiss me by sending members to the Attorneys General Offices! Here are the FBI field offices:

https://www.fbi.gov/contact-us/field-offices

Previously, FBI agents had advised me to direct members to the IC3.gov portal. This is the FBI’s online complaint site. Filing at IC3.gov is similar to filing an online AG complaint. Timeshare members who feel they have been a victim of deceit and bait and switch should still file with IC3.gov, in addition to filing orally with your local FBI field office. Here’s the IC3.gov link:

https://www.ic3.gov/default.aspx

From the FBI website (my comments are in italics)

Mortgage fraud is a subcategory of Financial Institution Fraud. It is crime characterized by some type of material misstatement, misrepresentation, or omission in relation to a mortgage loan which is then relied upon by a lender. A lie that influences a bank’s decision—about whether, for example, to approve a loan, accept a reduced payoff amount, or agree to certain repayment terms—is mortgage fraud.

Inside Timeshare US has received 278 timeshare complaints from readers. Of the 278 complaints, 263 allege that what happened to them meets the definition of white collar crime, “deceit, concealment, violation of trust, bait and switch.” Several timeshare members have reported timeshare sales agents advised them to falsify information, or the agent on their own falsified information, discovered when the member compares what they signed at the time of purchase to the document the timeshare company provides to the member after they asked for a document when pursuing a complaint.

The FBI and other entities charged with investigating mortgage fraud, particularly in the wake of the housing market collapse, have broadened the definition to include frauds targeting distressed homeowners.

This includes distressed timeshare members as a timeshare loan is considered a mortgage and is reported as a foreclosure, the same as a home mortgage foreclosure. However, timeshare attorney Mike Finn of the Finn Law Group did sue Bluegreen and managed to get foreclosed knocked down to “charged off” on behalf of 11,000 Bluegreen members and, going forward, Bluegreen no longer reports their timeshare point “take backs” as a foreclosure. Foreclosure is the most damaging hit to a credit report, and according to Mike, timeshare companies tend to pick the most damaging category to report.  

There are two distinct areas of mortgage fraud—fraud for profit and fraud for housing.

  • Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases.

Timeshare member can relate to this definition! We have compiled three repeat offender summary reports. One of the reports describes highest loyalty members being up-sold to buy more points because they will be able to pay maintenance fees or sell points when no such program exists.

The FBI seeks to maximize its impact on the mortgage fraud and financial institution fraud as a whole through collaboration.

For example, the Bureau operates Financial Crimes Task Forces within several field offices throughout the country that act as force multipliers in addressing large scale financial fraud schemes. Comprised of federal, state, and local regulatory and law enforcement agencies who work together on a daily basis, these tasks forces have been an effective way to merge valuable resources of participating agencies.

By leveraging the skills, knowledge, and resources of various government agencies and private industry, the FBI and its partners are able to bring more perpetrators of fraud to justice.    

Common Mortgage Fraud Schemes (I selected those pertinent to timeshare)

  • Foreclosure rescue schemes: The perpetrators identify homeowners who are in foreclosure or at risk of defaulting on their mortgage loan and then mislead them into believing they can save their homes by transferring the deed or putting the property in the name of an investor. The perpetrators profit by selling the property to an investor or straw borrower, creating equity using a fraudulent appraisal, and stealing the seller proceeds or fees paid by the homeowners. The homeowners are sometimes told they can pay rent for at least a year and repurchase the property once their credit has been reestablished. However, the perpetrators fail to make the mortgage payments and usually the property goes into foreclosure.

The DOJ places timeshare exit scams complaints second only to debt collection complaints. Timeshare exit scams flourish when timeshare companies do not allow a secondary market. This is a 13 page DOJ report on timeshare exit scams:

https://search.justice.gov/search?query=timeshare+fraud&op=Search&affiliate=justice

One new timeshare term I learned is “Viking Ship” comparing fraudulent timeshare transfers to the term used to describe how Vikings put their dead on a ship, set fire to it, and shipped it out to sea.

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

Loan modification schemes: Similar to foreclosure rescue scams, these schemes involve perpetrators purporting to assist homeowners who are delinquent in their mortgage payments and are on the verge of losing their home by offering to renegotiate the terms of the homeowners’ loan with the lender. The scammers, however, demand large fees up front and often negotiate unfavorable terms for the clients, or do not negotiate at all. Usually, the homeowners ultimately lose their homes.

Foreclosure is a guarantee, but you certainly don’t need to pay anyone to help you foreclose. These scams say foreclosure meets their promise of a guarantee!

https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

Law rights

Thank you to our FBI field offices for even listening to us as no one else is. We appreciate the efforts of Attorneys General but they are limited in their scope. Federal enforcement is needed.

If you need help with a timeshare concern, contact Inside Timeshare or contact one of these U.S. advocacy groups we endorse, feeling they are truly member supported, not influenced by industry.

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/

There we have it, timeshare consumers in the US now have another way of fighting back, things across the Great Lake are a little more complicated for timeshare consumers than in Europe.

If you have any questions or comments about this or any other article published, contact Inside Timeshare, we will help you get the best advice possible.

Have a good weekend.

weekend cat

The Tuesday Slot: Giving You a Helping Hand

For many people it can be a daunting task to prepare a complaint against a large company, how is it written, who do you file it with? These are all questions that need to be answered.

In Europe the matter of making a complaint against a timeshare company has actually become easier, especially in Spain, where the laws are on the side of the consumer. But trying to deal with a company that has for the most part tied you up in contracts and legal jargon, has resulted in many complaints by consumers just being put aside with the feeling what is the point?

In today’s article Irene shows how to write the complaint and who to file it with, the most important point is don’t let it get you down there is always help out there. So on with the advice.

How to File a Timeshare Complaint

complaints

By Irene Parker

September 12, 2017

After Inside Timeshare received 135 US timeshare complaints (as of September 8, 2017), this guide evolved to use as a blueprint to file a complaint. Previously, we published an article called “The 3Rs or F of Timeshare” because no one should have to own anything in perpetuity if they can no longer use or afford the product.

http://insidetimeshare.com/part-ii-three-rs-timeshare/

How to File a Timeshare Complaint

  1. Name (s) and age of member
  2. Phone Number
  3. State of Residence
  4. Number of points owned per contract
  5. Member Number
  6. Loan Number  
  7. Current Maintenance Fees
  8. Total purchase price per contract
  9. Location purchased
  10. Sales agent and sales agent ID Number if available
  11. Original Loan Amount, Loan Number and stated interest rate
  12. Current Loan Balance
  13. What do you want? Do you seek Refund or Relinquishment?
  14. Why? Is it due to Deception, Health, Age or Financial Burden?

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment.

Availability:  Dissatisfied in general with availability complaints will go unheeded.

MOST IMPORTANT – Purchase Timeline

It is better to state your narrative as a narrative referring back to the contracts and figures at the top of your complaint. Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong.

The most common complaint is bait and switch. If you feel you were deceived list the reasons why.

who what

How Advocacy Works

Email Inside Timeshare your complaint if you would like to talk to someone about your concerns. Before you begin, raise your right hand. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? It is important to present your information factually and without opinion.

Consider becoming a volunteer report writer if you have reporting experience.

If you have questions, email Irene Parker – [email protected]

Cell – 270-303-7572 EST – Feel free to call any day of the week between 1 to 5:00 PM EST or if you are unable to prepare your own report.

We are not attorneys and we do not provide legal advice. We have researched regulatory agencies and are here to direct consumers to the appropriate regulatory agencies. Agencies are listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events, like a hurricane, can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel a hostage to their vacation plan. Contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market.

http://www.licensedtimeshareresalebrokers.org/

After you complete your complaint email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, conduct an investigation and report back that the sales agent (s) denied your claims. It’s a negotiation so if denied, file a rebuttal.

deneid

If you feel you are a victim of deceit and bait and switch, send us a copy of your complaint. An Advocate will file your complaint on your behalf with the firm’s public relations office and ARDA, the timeshare lobby, for violating ARDA’s Code of Ethics which can be found on ARDA’s website. We do not recommend owners make the voluntary opt in or opt out contribution on your maintenance fee invoice for ARDA ROC (Resort Owners Coalition). ARDA is basically a PAC that lobbies for the industry when the issue is one that is at odds with members. We will also include NTOA National Timeshare Owners Association and the bank that financed your loan or issued a credit card. By having the Advocate file on your behalf, we can track complaints, documenting a pattern of criminal behavior.

Mark your email urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. It may take up to 30 days to hear back from the resort. Resend in three weeks if you have not heard back. If you feel you were a victim of deceit and bait and switch, give the resort a week to respond before filing regulatory complaints.

The member will report back to us with a positive or negative outcome. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed. Just report a positive outcome or resolution.

If your resort denies your claim begin filing complaints with regulatory and law enforcement agencies beginning with the Attorneys General of the state where you signed your contract, where you live and where your resort is domiciled. It can take a month or more to hear back from an AG but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state and Attorney General.

office of ag

If there was an unauthorized credit card charge or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. One common complaint is that the buyer was told they could get a lower interest rate from a bank or credit union. File with the CFPB only if there is a loan outstanding or a credit card was used.

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. The Advocate can help you if you don’t know the agent ID number. Timeshare sales agents are real estate licensed in most states.

File with the Better Business Bureau, although the company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints.

The definition of Financial Institution Fraud under the FBI’s definition of White Collar Crime is “deceit, concealment, violation of trust and bait and switch”. The FBI assigns Financial Institution Fraud the highest priority. You can read about White Collar Crime on the FBI website, but complaints are filed at IC3.gov. This is somewhat confusing because IC stands for Internet Crime and people think it has to be internet related. IC3.gov is just the name of the portal.

fbi

 

Most important, consider reaching out to local or national media. Reporters look for content and are surprisingly easy to reach. Write an article about your experience. The more people who come forward, the more the public is made aware of pitfalls before engaging in a timeshare sales presentation.

Our “Chicken Soup for Timeshare’s Soul” Inside Timeshare article is linked at the end of this article explaining what to expect or not expect when you file with a regulatory or law enforcement agency.

Summary of Regulatory and Law Enforcement Agencies

  • Attorneys General where you signed, where you live and where the resort is domiciled. Search (state name) Attorney General for contact information. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed if your complaint is against the agent. “Right-to- use” membership programs are not defined as real estate, but the agent is typically a licensed real estate agent.
  • The FBI under the IC3.gov portal if deceit or bait and switch.
  • ARDA if you feel ARDA’s code of ethics has been violated.
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option selecting the bank that issued the travel credit card or financed your loan.
  • The Federal Trade Commission – due to lack of secondary market
  • The Better Business Bureau
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.

If this sounds like a work, it is, but you can file with some, all, or none of the agencies. We feel “Action and Advocacy” is the way to change questionable timeshare business practices. Change requires volumes of complaints.

What to expect from regulatory agencies

http://insidetimeshare.com/chicken-soup-timeshares-soul/

Life without timeshare through “The 3Rs or F of Timeshare”

http://insidetimeshare.com/3-rs-timeshare-part-1/

If you are granted a positive outcome, you may not say or write anything disparaging about the resort, but there is no harm in staying involved. Reach out to others when you stay at resorts. Create a business card type flyer.

Who We Are and Why We Do This

working others

The timeshare industry is wealthy and powerful, able to influence politicians and Attorneys General. Timeshare owners typically are struggling with maintenance fees, unorganized and alone. Venting on complaint sites has no effect whatsoever.

There are a number of timeshare members and non-timeshare member advocates working behind the scenes to assist in the complaint process. If all else fails, we will refer to an attorney if the member can afford one. If you are forced into foreclosure, but have an otherwise unblemished credit report, you can write to the credit reporting agencies in an effort to explain why you were deceived and why you were not able to resolve your dispute.

After retiring from Edward Jones working as an Investment Representative, I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency and deceptive timeshare sales.

  • The abnormal becomes the normal. After hearing 136 complaints (as of September 5), I fear deception is endorsed and encouraged by some timeshare companies. I have interviewed nine current and former timeshare sales agents and managers. They call it “pitching heat” or “No Heat, No Eat”. Of course not all sales agents are dishonest. We hear primarily from buyers seeking assistance when victimized by unscrupulous agents.
  • Victims are silenced and isolated via non-disclosure agreements. Non-disclosure is appropriate in the case of a settlement, but when a family receives nothing after an alleged bait and switch, after spending $5,000 to $500,000 or more on a vacation plan, not allowing the victim to say anything disparaging about the company seems harsh. Many of the families we have worked with are financially devastated.

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. I am not compensated by anyone. Our Advocacy Group is composed of volunteers. We hope there will come a day our Advocacy Group is not needed.

Self Help Groups

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

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

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

September 12, 2017 Irene Parker Timeshare Advocacy Group™  

Although this article is aimed at our American cousins, the principle of how it is written will be the same for Europe. If you believe your complaint is valid, don’t give up, that’s what they want you to do, be persistent, be strong and seek help, it is out there.

In Europe the EU has set up many consumer agencies, most EU countries have consumer rights groups and Consumer Affairs offices. In the UK there are several that you could use, one which has been very good in the past is the Trading Standards Office, these are set up by local councils and have a lot of clout. They have also been instrumental in having some rather shady companies closed down.

Then there is legal action, employing a law firm to take your case to court, in Spain over the past few years this has been very successful. Law 42/98 and the updated version Law 4/12, is based on the EU Timeshare Directives, which were put into place to protect consumers and regulate the industry. Spain now has the strongest timeshare regulations in Europe, these along with other civil consumer laws protect consumers from unfair practices and contracts. These have been strengthened over the past couple of years with around 57 rulings from the Supreme Court, Spain’s highest court, which has removed any doubt about their interpretation.

It now remains for other EU countries to do the same, so no matter where you purchase, the same protection is available. We may even just see a change in the industry for the better.

If you require any further information about this or any other article, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also wants your stories,

good, bad or downright ugly,

so if you have something you would like to share or think will help others,

then

hear from you

 

Is This Another Nightmare on Timeshare Street?

Just before publication Inside Timeshare received this news:

Nancy and Dan Callahan had been denied what they demanded until Inside Timeshare sent a draft of Nancy’s article to Diamond Resorts for comment. The company has since worked with the family to reach a positive outcome. The problem is, Inside Timeshare has received information from four other Platinum members voicing the same complaint as Nancy, from the same Las Vegas sales center, claiming they were told things like “people will be standing in line to buy your Legacy points” when not one member of the Licensed Timeshare Resale Broker Association will even list Diamond’s non-deeded points. All the respondents have credit scores in the 800 range and in the 60s or 70s, but considering foreclosure due to variations on Nancy’s theme.We have also heard from lessor loyalty level members and from other sales centers, especially in Virginia and Ka’anapali Hawaii where one side of the ocean will sell US Collection points while the other side claims the member should not have bought Hawaii points due to special assessments or the anticipation of rising maintenance fees. They are then instructed to buy more points to go from one side of the ocean to the other. As one former Diamond Resorts sales agent told Inside Timeshare, “It’s a Hamster Wheel.”

Nancy and Dan Callahan Share their Timeshare Experience

Why don’t corporations admit wrongdoing?

Grabbing hand

By Nancy Callahan

Without our Diamond Resort’s Advocacy Group, my husband Dan and I would not have known where to turn. Even though, as in our case, Diamond Resorts turned their back on us saying we lied and their sales agent at Polo Towers told the truth, we know where we stand and we know we are not alone.

I am 69 years old and my husband Dan is 67. We are both disabled and we both retired from civil service. Dan is a retired army Lt. Colonel and a combat Vietnam and Desert Storm veteran.  

We are Diamond Platinum members. We feel our most recent Diamond purchase was made under deceptive and extremely high pressure selling techniques. We had been struggling with two loan payments of $329 and $121 but the most recent purchase we did not even realize we made, will drive us into foreclosure.

Diamond sales agent Rick Casper in Las Vegas on January 22, 2017 sold us 50,000 Diamond points bringing our total number of points up to 106,000. Our new loan payment is $2,133 a month which we cannot pay.

We did not realize we made this $142,000 purchase until we returned home and checked our credit cards. Prior to this purchase we owned 56,000 Diamond points which cost approximately $101,000.  As I have had a double mastectomy, undergone cancer chemotherapy, radiation and have had two knee replacement surgeries, buying more vacation points was in no way our intention. Dan has had two minor strokes and a mild heart attack. He has chronic pain and is on 25 medications prescribed by the VA and our doctors. Dan also suffers from PTSD.

The $142,400 purchase price for the additional 50,000 points purchased from Rick Casper included:

  • $121,025 loan
  • $17,000 charged to a DRI Barclaycard
  • $4,375 charged to our Hilton VISA Card which is being disputed
  • $142,400 total plus our prior $101,000 purchase totals $243,000 in DRI points.

The current balance on the loan is $142,850 financed at 12.93% plus a monthly collection fee of $6.

Our credit score before this fiasco was 825. It has dropped 50 points since we disputed our Hilton VISA charge. We have received harassing calls for several weeks from Diamond.

We were not provided a truth and lending statement. The copy we have has has no signature or initials by a Diamond representative.

How in the world could anyone make a $142,000 purchase without their knowledge?

multi arm

It’s not as difficult as you might think.

We were invited to attend a presentation at Red Rock Casino in Las Vegas to learn about new and exciting ways to use our Diamond points. Rick was there when we showed up and said, “I thought you were supposed to come to Polo Towers and not Red Rock Casino in Vegas.” Rick had arranged a conference room for the day.

Rick said we should join the new “Legacy program” that allows members to sell blocks of Diamond points to a third party with all Diamond benefits intact. This was said just to us as Rick took us to a private presentation because we were Platinum members. The benefits Rick talked about involved selling Diamond points and those benefits could only be obtained if we became part of the Legacy Program. He said if we joined the Legacy program “people would be standing in line to buy our points.” One of the biggest complaints from members is that you can’t sell Diamond points. “You will have enough points to travel to even Dubai Paris and London,” Rick said. Rick said if we joined the Legacy Program we would receive as Platinum members 50,000 bonus points.

I was in terrible knee pain that day as I had not brought my pain killers with me. Rick provided me with two glasses of wine in a-Styrofoam cups with plastic lids because alcohol is not allowed at presentations.

Rick also talked about how using Diamond’s Barclay MasterCard to make purchases was a wonderful way to offset maintenance fees through purchase credits. We signed up for the Barclaycard for this purpose. Rick, however, used the card to charge $17,000 worth of Diamond points. He did not explain that, when the card is used to offset maintenance fees, the offset is only 1.5%.

Six hours went by and we had still not decided on the Legacy Program. As the hours wore on, my pain increased and I became more and more confused. I walk with a cane so it was an effort just to walk to the restroom and back as it was some distance. I was exhausted. Dan is diabetic and needed to eat so Rick ordered room service. Dan was confused due to diabetic symptoms. We were so overwhelmed by the time we were signing contracts, we did not even realize we were buying points. Rick kept saying we would be receiving 50,000 DRI bonus points.

When we returned home we were shocked to see the charges to our credit card. We were signing things just to get out of there thinking we were just joining the Legacy Program and opening the new Diamond Barclay Credit Card that would pay for our maintenance fees through purchase credits.

Diamond Resorts has a new Consumer Advocacy Department which “Promises to help Diamond owners with their membership from Day One!” Aaliah Moore, one of Diamond’s Consumer Advocacy “Hospitality” agents has denied that Rick Casper made any misrepresentations and determined we were aware of what had transacted. We have learned from our Advocacy Facebook, there have been numerous complaints filed against Polo Towers with at least four directed against this same sales agent. All the families are financially devastated.

We were told hardship surrenders are reviewed and considered on a case by case basis but we would be denied based on deception and misrepresentations. The amount of money we would lose is too much to walk away from just so Diamond can take back our points and resell them for full value.

We will be filing a complaint with the FBI at IC3.gov alleging Financial Institution Fraud under the FBI White Collar Crime division. As credit cards were charged, we will be filing with the Consumer Financial Protection Bureau.

We are notifying the timeshare lobby ARDA ROC that Diamond is violating ARDA’s Code of Ethics, the FTC because Diamond is one of the only major timeshare companies that cannot be listed with a member of the Licensed Timeshare Resale Broker Association due to restrictions the company places on the use of points bought second hand more restrictive than Diamond’s competitors.

We would have never agreed to buy 50,000 points. We were struggling with the two loans we already had outstanding with Diamond and our home mortgage as we bought at the height of Las Vegas real estate and are underwater on our home mortgage. We sent Aaliah a spread sheet explaining our situation thinking she would realize it was obvious we would never buy $141,000 worth of vacation points given our medical condition, medical bills and home mortgage! We would have cancelled the contract immediately if we had known.  

The maintenance fees due on the new points are $6,830 in addition to the existing $9,554 or so paid for 2017 maintenance fees which we prepay each month on a credit card.

At prior presentations other deceptive tactics were used. We were told we had to buy Hawaii points in order to get availability on Maui. Then at the next presentation on the US mainland on March 1, 2014 we were told we should not have bought Hawaii points because it is dangerous to own Hawaii points due to special assessments at Diamond’s Poipu property.  We were told we had to transfer back to Diamond US Collection points. They said Hawaii point owners were charged a onetime fee of $9,000 for Poipu assessments. We had to purchase additional points to bring the Hawaii points back to the US Collection to get out of the Hawaii Collection.

Another reason we would not have purchased more points is because we have not been happy with the points we owned before this new purchase.

There have been many resort properties that we have never been able to make a reservation for. When we are able to book a reservation, these presenters wear us down with their high pressure tactics. When we say no to one salesman, another one appears with an even harder pitch. We check into Diamond properties with a sense of foreboding.   

We have notified the National Timeshare Owners Association that they need to warn existing owners about the harm Diamond Resorts is doing to many of their members.

The Arizona Attorney General’s officeAssurance of Discontinuance

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

A billion dollar class action Albright Stoddard Warnick & Albright in Nevada

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

A Diamond Advocacy member sponsored Facebook

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

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

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

advocate 1

At least in this case Diamond has reached out to this couple, and come to a positive outcome. Although there is still a long way to go before we no longer have stories like this coming in, it does seem as if Diamond are starting to take notice of these complaints, they are too similar to be isolated incidents.

Inside Timeshare welcomes any dialogue with the industry if it improves thing for the better, but it is your experiences that will make them look again at how they operate. If you have an experience, good or bad, you would like to share contact Inside Timeshare or one of the advocacy groups that we work with.