Browse Tag

Harry Taylor

half way

Mid Week Report

Following on from the news that TATOC is no more, the latest news is that TATOC Consumer Helpline Ltd has also been wound up, when more comes in we’ll publish it here. If you have tried to access the TATOC website, you will have noticed that it no longer comes up, confirmation that TATOC and Harry Taylor are truly gone, although we wonder if any of his old allies (MacDonald Resorts) will be offering him a job?

job wanted
Contact Harry or is it Henry Taylor?

On the story published yesterday regarding the sand on Tauro Beach, The Canary News has also published a full in depth report. It not only looks at the controversy surrounding the importation of sand from the Western Sahara, it also has a very good introduction to the history of this region.

http://thecanarynews.com/the-shifting-sands-of-tauro-beach-investigation-for-alleged-breach-of-un-international-law/

the-canary-news-views-sunshine-logo-2016-250

Now it is August, the courts have closed down for the month, so there will be no news emanating from there. Good news for the timeshare companies! But it is guaranteed that come September there will be a flurry of sentences being announced.

It is also a time for the new “scams” to start getting ready for the Autumn and Winter season, the new company names and websites will soon be surfacing along with some of the old names that will be resurrected. So be warned, do your homework first, check and recheck, these scams are getting very sophisticated, you only have to see the articles on Litigious Abogados and their family of firms. If in doubt or not sure how to check, then contact Inside Timeshare.

So now on with our Wednesday article from Irene Parker.

Welk Resorts sues Timeshare Exit Team for Racketeering

Right To Use timeshare programs need a secondary market

hear no evil

By Irene Parker

August 2, 2017

Welk Resort of Lawrence Welk fame has sued Timeshare Exit Team for racketeering. Once again, the lack of a secondary market forces beleaguered timeshare members into the nets of alleged unscrupulous transfer agents when a resort provides no exit for members sold a timeshare contract in perpetuity.

First, a hat’s off to Lawrence Welk, a big band great that kept early American households riveted to their seats for over 20 years. To this day the Welk resort is a family friendly resort that knows how to run a business. My husband and I stayed at a Welk Resort in California. It was one of our most memorable timeshare vacation experiences.

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

Inside Timeshare has received a volume of reader responses alarmed that there often is no way out of a timeshare contract. ARDA and the industry have lauded timeshares evolution towards a right to use product and have stated members should not expect value back when they seek release from a right to use timeshare.

The problem with ARDA’s “see no evil, hear no evil” position is – about 90% of the complaints Inside Timeshare has received, have loans attached and many allege they were duped into signing off on high interest rate loans and credit cards. Voluntary surrender or “take-back” programs require the member be free of loan encumbrances. In addition, voluntary surrenders are never guaranteed.

Mr. Howard Nusbaum, President and CEO of the American Resort Development Association (ARDA), was quoted in a June 2014 RedWeek article in reference to the lack of a viable timeshare resale market, “This is a legacy problem. People buying a timeshare today are buying it from multisite clubs that have management forever and sales teams forever, so the ability to recycle inventory will not be a problem in the future.”

https://www.redweek.com/resources/ask-redweek/timeshare-resales-arda-predictions

Timeshare Exit Team Response to the Welk Resort lawsuit

Response from Brandon Reed, founder and CEO of Timeshare Exit Team:

Timeshare Exit Team learned of this matter through a media release distributed by Welk Resorts on July 26, 2017. Following the news being publicly distributed, we were formally served on July 27th, 2017, and intend to present a vigorous defense to these claims. We would also like to inform consumers that the meritless lawsuit and inaccurate accusations therein will not dissuade our team from continuing to advocate for consumers.

I’m proud of the service we offer and of the company we have built. Timeshare Exit Team has built an unparalleled in-house team, leveraging effective outside resources as needed, to assess each customer’s unique situation and to provide them with qualified, thorough, and trusted management of their issues.

The Welk Resort lawsuit v Timeshare Exit Team reported by Business Wire    

“SAN DIEGO–(BUSINESS WIRE)–Welk Resorts, developer of family-friendly vacation resorts, has filed suit in U.S. District Court for the Southern District of California against Reid Hein & Associates, operating as “Timeshare Exit Team,” and law firms in two states for allegedly operating a nationwide racketeering scheme to induce vacation owners to disrupt Welk’s contractual relationships with its vacation owners, causing breach of contracts, delinquencies and defaults that damaged Welk, the vacation owner association and vacation owners.”

“The suit cites fraudulent racketeering activity, intentional interference with contractual relations, and violations of the California unfair competition law, California Vacation Ownership and Time-Share Act, California False Advertising Law and the state “Running and Capping” Law. The latter makes it illegal for non-attorney agents to obtain business for an attorney or law firm for compensation, or solicit others to engage in running and capping.”

Timeshare Exit Team charged fees of $5,000 and more for this “service.”

http://www.businesswire.com/news/home/20170726006103/en/Welk-Resorts-Files-Suit-Timeshare-Exit-Team

Timeshare Exit Team fulfills an HOA Collections Agent’s Prediction – Previously Reported by Inside Timeshare

Kristi, a Home Owners Association timeshare collection agent I interviewed back in March of 2017, complained of lawyers transferring timeshare contracts to fictitious persons or LLCs. Some things are universal. Charles Thomas has been reporting on a recurring “Litigious Abogados” theme. Inside Timeshare is published in Spain.

As reported by Inside Timeshare in our interview with Kristi:

Irene: Are you familiar with Timeshare Exit Team? One of their agents contacted me and asked me to review their program. What is your opinion of this firm?

Kristi: I would never endorse or advise anyone to use their services ever!! They specialize and advertise “Cancellation of Timeshare Contracts” but we don’t have contracts. We have deeds. We have chosen not to do business with Timeshare Exit Team because of their inability to follow our procedures and because of the quality of work previously sent to us.

Timeshare Exit Team has been involved with two other timeshare resale companies and/or timeshare attorneys that were involved with transferring 18 of our deeds since 2014 to four individuals that have never paid the dues and are delinquent in the amount of over $18,000. Out of the four individuals we were able to track, we learned that they are all associated with each other thru business dealings, contract employees or registered agents. They must assume that the association will eventually foreclose or take the property back but it is very costly to foreclose and we do not accept property back.

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

Here are ARDAROC’s (Resort Owners Coalition) eight tips for selling your timeshare and how they apply or do not apply to Diamond Resort members. This is what I have learned since trying to sell my Diamond right to use points.

  • Know what you own – Most own non-deeded right-to-use points
  • Consult your resort – Diamond’s Advocacy Department has helped some members but others have had to seek legal assistance when denied relinquishment. Tracking our reader outcomes thus far – 29 out of 77 report positive outcomes.
  • Sell it yourself – member supported Facebook pages seem to be the best option, but complaints abound that “no one wants it.”
  • Get assistance from a Licensed Reseller – not one member of the 64 member Licensed Timeshare Resale Broker Association will accept a listing for Diamond’s non-deeded points due to secondary market restrictions.  
  • Pass it on or gift it to your family – maintenance fees are also passed on
  • Donate it to a Charity – Donate for a Cause is a scam according to Consumer Affairs. A charity has the same problem. They don’t want the rising maintenance fee liability. https://www.consumeraffairs.com/news/timeshare-donation-scheme-is-a-scam-feds-charge-120115.html
  • Generate income by renting. Diamond Resorts does not allow renting through a third party website. “Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.”
  • Beware of scams.

http://www.ardaroc.org/timeshare-resales-resource-center.aspx

Lela Renea, a Bluegreen timeshare member, contacted Inside Timeshare about her battle with Timeshare Exit Team after they appear to have stonewalled her. Since Lela is in the middle of negotiations, she did not want to elaborate on the distress she feels, attempting to resolve her Timeshare Exit Team concerns – suffice to say she had reason to reach out to Inside Timeshare. We will be reporting as to whether Bluegreen will come to her rescue or allow her to fall to the mercy of Timeshare Exit Team.

Despite the customer loyalty and lack of complaints we reported last week among Disney deeded timeshare owners, with access to resale and rental options, right to use non-deeded timeshare programs continue to ignore the growing problems caused by perpetual contracts not able to be sold, rented or relinquished.

Welk Resorts back in the day was a fixed week timeshare but has converted to a right to use non deeded program. A life change like a job loss or illness, rendering the timeshare unaffordable, is as much a problem for members of right to use programs as it is for legacy resorts.

light thought

 We hope someday, someone in the industry or ARDA will see that throwing up roadblocks to a secondary market is a detriment for all. As we reported last week, timeshare attorney Mike Finn has never had a Disney client and it is unlikely Timeshare Exit Team has ever had a Disney client either.

Some answers are so logical and simple, they cannot possibly be understood.

Once again thank you to Irene, who explains the timeshare world across the great lake, as you will have noticed there is very little difference to the problems that owners / members face.

In this Friday’s Letter from America, we have another contribution from Eron Grant. In her Letter to ARDA she asks Why does ARDA have a Code of Ethics? This very question was also asked of the RDO, Europe’s equivalent of ARDA. We still don’t have a genuine answer to that little conundrum!

So there we have it, half way through the week and a couple of hard hitting stories, we’ll be keeping an eye on the Tauro Beach story and will bring you the latest as it surfaces. Remember, beware the scam artists, do your homework, check and check again, it will save you a lot of money and stress in the long run.

 

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CUSTOMER SERVICE AGENT
Experience in Bull Shit Essential
tatoc logo liquid

TATOC Gone: Kwikchex Set Up New Helpline

So that is the end of TATOC, The Association of Timeshare Owners Committees or the so called Timeshare Association, it is now official that as of 20 July 2017 they are now in official receivership. Harry Taylor and his little empire is no longer, they were unable or unwilling to pay off their debts, according  to TESS who brought the action, the court asked three very simple questions:

  1. “Have you paid your debts”?
  2. “Will you be able to pay your debts”?
  3. “Do you intend to pay your debts”?

As the answer was NO, the court had no other option than to place TATOC in the hands of the Official Receiver.

man_debts
Wonder who this is?

This will be a big blow to ARDA (American Resorts Development Association) who at the beginning of the year during the TATOC conference presented Harry Taylor with a cheque for $30,000 as a contribution for the TATOC helpline.

We have reported before that TATOC was not really on the side of the consumer, how could it be? It was funded by the very industry the consumer had problems with!

Just look at the relationship Harry Taylor and his TATOC team had with MacDonald Resorts, a company that even the RDO had not had any relationship with since 2005!

MacDonald Resorts pursued an aggressive policy of taking over fixed weeks, converting those owners to the points system, which even owners did not want. Harry Taylor ran a campaign stating that this was the best way forward, that it was in the best interests of the owners.

Harry Taylor
Bye Bye Harry and good riddance!

The question is how was it in the best interests of the owners? By changing to the points system from their fixed weeks, which gave them very strong rights, they effectively gave control of the resorts to MacDonald’s. Overnight they changed from being owners with the right to set maintenance fees, employ the management company and basically run their resort, to mere members with no rights whatsoever. Just the right to use subject to availability.

It now transpires that Kwikchex has set up a consumer helpline of their own, this has been announced by the RDO on 24 July. This seems to be part of the Timeshare Task Force, the question is how will this be independent advice considering that they are also funded by the RDO?

task force
The Timeshare Task Force!!!!!

According to the RDO announcement this new consumer helpline will be offering assistance and advice about any company that is not an RDO member. What about offering assistance and advice about their own members, after all most of the problems are with the resorts and developers themselves.

The fact that owners / members who are having problems with their own resorts are left on their own as the RDO will not intervene in any dispute, this leaves those owners with nowhere to turn. This in itself leads to those unscrupulous companies to feed off the vulnerability of owners who either want to sell or just want to get out of their timeshare. The industry itself has created the “scam” market because of it’s own inability to deal with the issues, disputes and resale markets that owners need. Their own greed has been their downfall!

For years, timeshare has been sold, especially in Spain, with total disregard for the laws set in place to protect consumers, this has resulted in hundreds of court cases,along with Supreme Court rulings enforcing the laws that they have themselves flouted. Only last week, a recent ex-member of the RDO, Resort Properties / Silverpoint had five rulings against them in one day.

The RDO themselves have backed up the resorts against these rulings, believing that the judges have interpreted the law incorrectly, (see link).

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

If the industry is to survive, it needs to change how it operates, it needs to listen to the concerns of the owners / members, the very consumers who pay for it, not just chase those companies bogus or legitimate who decline to join their little club. After all, why would law firms such as Canarian Legal Alliance or JCLA & AS pay for membership when it is those members they are taking to court?

We have said this on many occasions, timeshare could be a good product, many have had many happy years of ownership, especially with those resorts that valued their custom. One has to only look at recent events at Los Claveles, for years those owners had no complaint, until Wimpen sold out their management rights to the ONA Group, then it really turned nasty.

The time for change is now, the industry cannot police itself, it is self serving, the likes of Kwikchex running a consumer helpline in the interests of the industry is a farce. There are very few places consumers can turn for truly independent and valuable advice, it has become an even bigger minefield.

If you have any questions or concerns about any timeshare matter, contact Inside Timeshare, if we don’t know the answer we will find it for you. These pages are read worldwide, we are bringing owners together from the USA, Canada, Australia and the Philippines adding more as we go, through their articles and contributions you will find you are not as alone as you think.

transformation-and-change

 

letter from america

Friday’s Letter From America

Welcome to our “Friday’s Letter From America”

Following our theme of readers experiences, today David Franks shares his and his wife’s holiday turned into nightmare by a sales presentation. What was supposed to be 90 minutes turned into 5 hours of hell.

As usual we start with a few items from Europe, yesterday we published a rather tongue in cheek article about the court ruling against TATOC, as we said in the article all comments have now been removed from the TATOC Facebook page. This includes the comment about someone meeting Harry Taylor and found him to be a gentleman. It certainly looks like they are on the defensive.

Last week ended with the news after publication of another defeat in the Tenerife courts for Silverpoint.

In this case Court No 3 in Arona found for the British clients of CLA and ruled that the contract did not fulfill the terms of Spanish timeshare law, the court awarded them over 13,000€ and declared the contracts null & void.

The Supreme Court rulings are certainly having an effect on timeshares sold in Spain.

Tauro beach gone

In Gran Canaria, the beach at Tauro, which was the artificial beach being developed by Anfi remains closed to the public, that is not surprising really as much of the sand has been washed away. There was some worry last week as we were expecting some severe storms, these thankfully never came. There have however been reports, though unconfirmed of sightings of scorpions on the remaining sand. One does wonder if it could be true as the sand came from Western Sahara and was untreated.

The investigation into corruption over the project is ongoing along with the investigations of licences and other documents being forged. The former head of the coastal authority is still awaiting trial, we will report on that as we get the news in.

Inside Timeshare has been receiving many emails from US owners, these are passed on to Irene Parker, who is better place to deal with them, however we have also been receiving many questions from owners in the UK. These mainly concern calls they have received that say they have a claim, on a “no win no fee” basis. Many of the names are not new to us, and are what can only be described as “dubious”.

In many cases the consumer does not have a valid claim as they did not purchase in Spain. It then turns out that the “claim” is going to be on a section 75 of the credit consumer act, with then a substantial amount to be paid to relinquish / surrender the timeshare. Unfortunately, section 75 is not going to work, the credit card company / provider will rightly state that you purchased ex number of years ago and have used it. Therefore you have received the goods and services paid for, the act does not cover illegal timeshare contracts. So the so-called “no win no fee” claim is just a ploy to get thousands from the owners to just be rid of it.

On this particular theme, Inside Timeshare has saved this week alone several readers from paying anything to the “fake” law firm in Tenerife, the family known as Litigious Abogados and company. At least the news is spreading.

wensley clarkson

A new book is due to be published on 1 June and will be available from Amazon. The book is the story of John “Goldfinger” Palmer, who was implicated in the Brinks Mat bullion robbery but was found not guilty by a jury for smelting it down. It charts his Tenerife Timeshare business in which many people lost thousands of pounds. The author Wensley Clarkson contacted Inside Timeshare after reading a previous article “TIMESHARE” A Dirty Word For Many.” He thought it might be of interest. I will certainly be placing my order.

https://www.amazon.co.uk/d/Books/Killing-Goldfinger-Inside-Story-Britains-Richest-Gangster/1786484862

Now onto our Friday’s Letter from America.

Our Diamond Resorts Misadventures

Aces

Chapter One: Vegas, Baby!

“Those who are incapable of committing great crimes do not readily suspect them in others.” François VI, Duc de La Rochefoucauld, Prince de Marcillac

By David Franks

May 19, 2017

My lovely wife and I enjoy Las Vegas. Our last visit, in July 2015, found us at The Golden Nugget. Unfortunately, Diamond Resorts was also there, at the entrance fronting the parking garage. We had seen the two episodes of Undercover Boss featuring Stephen Cloobeck, who had striven to be impressive. We were offered gift cards that seemed ample compensation for the supposed ninety minutes they would commit us to, and we’d get to see what passes for a resort near Las Vegas.

The next day, they shuttled us to Diamond’s Cancun Resort, barely within sight of town. In we went, and into a conference room where we filled out a survey about our travel interests. Then the earnest pitchman told us about the benefits of buying in. He focused on cost control, talking about the exchange value of Diamond points and their supposedly stable cost over time, compared to an inflation rate he pulled out of some warm part of his digestive tract. He said quite a bit about the exchange value of Diamond points, mentioning 30 cents several times. He might have mentioned a 20-cent valuation a couple of times; but apparently he wasn’t interested in promoting the more plebeian levels of membership.

There were a couple of people in the group who claimed to be happy owners of timeshares. As I recall, they were not Diamond members, but I have no evidence that they were shills.

That took about eighty of the ninety minutes.

The targets were then ushered out to a large room with bad lighting and loud music, where we would discuss our most intimate aspirations and financial details at tables separated only by a few feet and loud music – a disoriented slice of vulnerable humanity.

Well, we tried to not be interested. We told the helpful salesperson that our only conceivable interest in Diamond was as a small outlay whose yearly expense would goad us into getting out of the house once a year. We enjoy traveling, but we also enjoy being at home, and we are frugal wherever we are. Economy would be the key.

We explained that we like cruises and train travel, road trips, old motels and roadside attractions, and dining at local restaurants. After a while, the attentive salesperson stopped talking about resorts and started talking instead about how points can be used for all kinds of travel for their exchange value (20- or 30-cent). He talked about how being a member of Diamond Resorts and Interval International made it possible to book any kind of travel, get discounted pricing and pay for it with points. We asked about European river cruises, explaining that we would be interested in a Viking river cruise on the Rhine or the Danube. He said that should not be a problem. We explained that we didn’t want to spend any additional money. He said that should be possible, though we might need to save points so as to use two years’ worth at one time.

A couple of hours later, the solicitous salesperson suggested a tour of the resort. We tried to tell him (again) that it would not be necessary because we have no interest in resorts, but he would have none of it. He was proud of the irresistible pile of faux-Mayan faux stucco, and off we went to the example unit. I explained (again) that I cook at home, and see no need to go on vacation to cook. Back we went to the interrogation room.

Certain that he could pretend to meet our stated expectations, the intrepid salesperson showed us several options for joining, to no avail. After another hour or so, he excused himself for an awkward spell, and then returned with a grizzled veteran of the timeshare wars. He had with him the  data sheet for a 2500-point membership. He said they don’t usually offer them, but – as he was unable to let us go without buying something, however inappropriate – here we were. It was pointed out to us that this would not get us a full week in a resort, which was irrelevant to us. It would give us an opportunity to experience the advantages of Diamond membership, they said. It was not pointed out to us that this minimum membership had few of the benefits that had been sold to us.

We bit.  About an hour later, as we flailed around in the flurry of papers they thrust at us, one of the three people who had ganged up on us by that point mentioned, in reply to our question, that Diamond does not buy back memberships, but members can certainly resell them themselves – not that anybody ever wants to, of course.

We were there for a bit over five hours. By that time, the shuttle bus had become an antique and was placed in a museum, so the helpful salesperson called a cab and paid the driver to take our gullible selves back to our hotel. We enjoyed chatting with the cab driver.

Man board

Important points so far:

  • The music was playing at about 75 decibels – almost as loud as a vacuum cleaner. Conversation was difficult.
  • The 20 or 30 cent exchange value of points was the only exchange value mentioned.
  • Convenient, discounted travel was emphasized.
  • The availability and advantage of comprehensive service through Interval International was emphasized. (This despite the fact that Interval International had stopped providing comprehensive service for Diamond at the end of 2014).
  • There is a distinct and important difference between “Diamond Resorts does not buy back memberships, but members can certainly resell them themselves” and “Diamond Resorts actively obstructs individual resale of membership and the resale industry won’t deal with them.”

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

Inside Timeshare would like to thank David for his article and sharing his experience at the hands of Diamond sales agents in Vegas. It is the first time we have heard of loud music during the presentation process, it does make you wonder if these agents had been trained by someone well versed in the techniques of interrogation!

Also once again thanks to Irene Parker for her invaluable help in bringing people together to share those experiences and editing the articles, it has saved a lot of time at this end.

If you have any stories and experiences such as this you would like to share, you can contact Inside Timeshare or our Advocacy Facebook page.

Have a great weekend and don’t forget to do your homework, it will save you money in the end.

friday dog

 

 

 

 

 

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Angel & Devil

TATOC: The Fallen Angel of Timeshare.

TESS has published the court judgement in the case they brought against TATOC and Harry Taylor, this follows the publication by TATOC remarks made about TESS.

tess

Judgement against TATOC

TATOC accused TESS of running a cold call campaign and calling them a “scam” company, this verdict is very damaging for Harry Taylor and TATOC, which we know has now gone into administration.

tatoc logo

The trial took place at the Liverpool Civil and Family Court on 15 May 2017, the defendant Harry Taylor did not attend.

The court were satisfied that liability was established and that s1 Defamation Act 2013 test had been met. The court ordered the following:

  1. Judgement be entered for the Claimant.
  2. The Claimant is awarded:
  1. £75,000 by way of general damages to be payable forthwith;
  2. £100,000 by way of special damages to be payable forthwith;

The Defendant shall pay the claimant’s costs of and occasioned by the claim summarily assessed in the sum of £100,000 forthwith.

The court also stated that if the defendant disobeys the order they would be held in contempt of court and may be fined or have their assets seized.

So a very expensive day for TATOC. Well they did ask for it.

On Tuesday 16 May TATOC posted on FacebookTimeshare Association (Timeshare Owners and Committees) (“TATOC”) and its Chief Executive, Harry Taylor, have been subjected to many unfounded allegations in the social media and elsewhere to which neither TATOC nor Harry Taylor have responded, concentrating on the core business of TATOC which is to represent and protect the interests of timeshares and committees”.

Harry Taylor
HARRY TAYLOR

https://www.facebook.com/TheTimeshareAssociationTATOC/?hc_ref=PAGES_TIMELINE&fref=nf

This author posted several comments, which began a string of other comments, for some reason it is no longer on there, the only comment is from someone who say they met Harry and found him a gentleman, with Harry thanking him for his kind words!

This author stated that Harry Taylor was a former Director at Diamond Resorts European Collection Limited, his reply was he was never a director. Well according to company house records there was a Henry Taylor, along with the same birthday as Harry, could it be a twin brother? I think not, after all Prince Henry Windsor, is known as Prince Harry!

Henry Taylor
His Twin Brother HENRY TAYLOR

Then when we look at the director records of company house it lists Harry Taylor’s directorships, lo and behold Diamond Resorts European Collection Limited is listed along with his others including TATOC.

So apart from duping The House of Lords, Parliament, the EU, Citizens Advice and others into believing that he and TATOC are or rather were, the VOX POPULI of timeshare owners he denies the recorded fact he is listed as a Diamond director.

https://beta.companieshouse.gov.uk/officers/MRMXHV_gMruFstqlmrHwElEOnj0/appointments

https://beta.companieshouse.gov.uk/company/02930567/officers

So who do you believe?

The author also asked if Harry Taylor was such a champion of timeshare owners, why did he back MacDonald Resorts to the hilt when they “forced” fixed week owners into their points system, saying that it was the best thing they good do and it would be better for them?

Well we all know about MacDonald’s, this company has not been a member of the RDO since 2005, yet were a staunch supporter of Harry Taylor and TATOC. I leave it to you to decide why?

MacDonalds are one of the downright ugly as the late Sandy Grey would say in his piece “The good, the bad and the ugly of timeshare”.

Ugly is not really a word I would use, despicable is more like it with a few profanities thrown in. After all Inside Timeshare has been highlighting a case of an 87 year old lady who is house bound and being chased for maintenance she does not owe. This has been passed to debt collecting agency, Network Credit Services in Scotland and they are threatening to take her to court.

So that is that, if they don’t pay what the court has ordered, which given their present financial difficulties, could we see Harry and the other directors losing their personal assets?

siezed

Inside Timeshare looks forward to the next episode of TATOC: The Fallen Angel of Timeshare.

We welcome your views and comments, so do get in touch and share with the rest of the timeshare community who have been misled over the years.

 

birthday

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.”

gregcrist600
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.

ntoa-logo

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.

your voice

letter from america

Friday’s Letter From America

It’s Friday again, this week’s “Friday Letter from America” is a little light hearted from our usual fare, it may just be that our roving reporter Irene is on holiday (sorry vacation for you across the pond).

Irene is staying at Los Abrigados, this is not to be confused with the “fake” law firm that we have been reporting about “Litigious Abogados”, or as one of our friends Naty, calls them “Avocados”.

Avocados
These are Avocados
abogados
These are Abogados

Well, on that subject, they have been very busy again, contacting owners in the UK with the wonderful news that their timeshare resort is in court at the end of this month. Not bad considering the client hasn’t even instigated any legal action or even Knew they had a claim!

This particular reader also had a very lucky escape, he felt that he could not have a claim against his timeshare resort as he purchased in England and not Spain. He then searched the web and found Inside Timeshare, with all the articles and warnings we have published about this “SCAM”, he contacted us for advise.

We confirmed that he could not make a claim in Spain as it did not come under Spanish law, he also purchased before 1999 and has never made any upgrades. It just makes you wonder how many have actually paid this lot, as the cases we have reported on are only the tip of the proverbial iceberg.

On the news about the demise of Harry Taylor and TATOC, another reader sent us this response:

“So it`s goodbye from them (Silverpoints) and goodbye from them/him, (the Harry Taylor dictatorship known as TATOC.) The other directors seizing the opportunity to do like Emily Collins and Christine Roberts and clamber into the lifeboats. Unfortunately the directorship indemnity insurance makes them all jointly and severally responsible if any illegal activities have taken place and because they did not insist on correct and acceptable company governance and transparency they must all now be very worried as to their positions re the responsibilities. They had to see that the company was being run in a professional manner. They were all made aware of this but chose to ignore the warnings”.

“It is understood that Harry Taylor will now be pursued through the courts personally for trying to bring another business into disrepute”.

“As predicted on here years ago and before this forum was taken over by its present admin. The house of cards that is timeshare is beginning to crumble because of its greed and shortsightedness in refusing to reform having persuaded the EU Commission to allow them to police themselves”.

So that really does say it all, one opinion shared by many. Now on with this Friday’s letter.

To Diamond CEO Michael Flaskey from Don and Irene

Please fix your Pool Table!

A Sedona Arizona Los Abrigados Resort Review by Irene Parker

pool
Could this be Irene?

Cinco de Mayo 2017

My husband Don and I are staying at Diamond’s Los Abrigados property in Sedona for two weeks. Having researched Diamond’s executive compensation, I learned that former CEO David Palmer earned $25 million in two years and former CEO Stephen Cloobeck was allowed 50 hours annual use on the most expensive aircraft in the Diamond fleet prior to the Apollo acquisition (for non-business purposes). I would think a little money could be allocated to fixing the pool table at your Spoke and Wheel tavern and eatery.

My husband and I have been shooting pool at Los Abrigados since 2008. Having met in a pool hall 35 years ago, pool is important to us. And it’s not just important to us. There are six to twelve pool enthusiasts who sadly told me they have been trying to convince Diamond to fix the pool table for two years.

Now a pool table may not sound that important to you Mr. Flaskey, but when you met your husband in a pool hall 35 years ago, playing pool is important. As we really have nowhere to shoot pool where we live, our pool shooting vacation at Los Abrigados is what our vacation is all about. As a matter of fact, the pool tables at Los Abrigados had a lot to do with us buying a timeshare from ILX prior to Diamond’s acquisition.

In your recent interview on FOX Business with Maria Bartiromo, you said you leave your card at the front desk, which leads us to believe you actually care and intervene on behalf of owners who face timeshare challenges after purchasing at Diamond Resorts.

On the positive side, we received good value for our points for our stay here, our unit is very nice, and the staff, especially Daniela serving patrons in the pool table area, is exemplary.

But back to the pool table

The pockets are shot, the rails are shot and they keep moving the table which throws off the balance. A pool table has a slate bottom so you have to be careful how you move it.

I was afraid to play the locals, as they brought their own sticks, because Diamond only provides two sticks. Two sticks!

My new pool playing friends and I eagerly await your response. You never know what may be important to a guest. In our case, the pool table says it all.

seal

Thank you for listening,

Don and Irene

There we have it, another week over in this murky but sometimes humorous world of timeshare, one just never knows what is going to happen next. Maybe the rogue developers and resorts might just get the hint, if they don’t change how they operate, they won’t have a business to operate!

Inside Timeshare again thanks all those who contribute to the articles and especially those who send us the information about some of the dubious firms that are out there. Without you, others will fall into their traps.

Have a good weekend and we hope the weather is great to get out and have BBQ.

BBQ chef

out of business

TATOC: Is The End Now Upon Them!

Well, well, well, the news for consumers just keeps getting better, TESS announced on their website yesterday, Wed 3 May, that Harry Taylor’s crusading enterprise TATOC is finished.

They are now being placed into administration, as TESS put it “TATOC is bankrupt, insolvent and unable or unwilling to pay its debts if and when due”.

Inside Timeshare published the photograph of Harry Taylor receiving a cheque of $30,000 from ARDA, this was ostensibly for their helpline, as it was said they were helping owners of American Timeshare. This information was supplied by our US readers before it was announced publicly by TATOC.

image1 (1)
Howard C. Nusbaum, RRP President and Chief Executive Officer Handing the cheque to Harry Taylor

We also know that recently TATOC has been losing support from its long standing industry allies, namely the RDO and Silverpoint. These are the ones we know about, how many more have been fleeing the nest or reducing their membership contributions, without us knowing about it.

This is another of the self proclaimed TIMESHARE CONSUMER CHAMPIONS falling by the way side and being totally discredited.

Along with TATOC, there was Alberto Garcia, another “Timeshare Consumer Champion”, again funded by the industry, primarily by the RDO. He was made head of the “Enforcement Programme”, (very Hollywood), along with his website mindtimeshare, he waged a war against any company or individual that threatened the industry.

Alberto-garcia-2
A Rare Photo of Alberto Garcia

He may have highlighted the most dubious of enterprises, but he made it his mission to destroy by any means possible, not only the downright dirty, but also those companies that were genuine, including respected and practicing lawyers and law firms.

This culminated in his fabrication of evidence to destroy the Arguineguin law firm CLA, even to presenting statements to the National Police that these lawyers were part of a “Criminal Gang”. He alleged that they were extracting money from people for court cases they could never win, yet still took them on.

All this has been proven to be false, the law firm is thriving and beating the industry on behalf of consumers from the lower courts right up to the Supreme Court.

TATOC have duped organisations including the Citizens Advice Bureau into believing they were on the side of timeshare consumers, so they advised people with timeshare problems to go to TATOC. What did TATOC do? Send them back to the timeshare company they had the problem with.

A very good example of the way Harry Taylor and TATOC have behaved is their unwavering support of MacDonald Resorts, (even the RDO has had nothing to do with them since 2005). Harry Taylor extolled and fully supported MacDonald’s moved to take away from all fixed week owners their weeks and moving them into a points system. He even went on to say it was in the best interests of owners, regardless of the fact that fixed week owners had more rights than points club members. This effectively transferred ownership of the resort from the members to MacDonald’s. There is an ongoing legal battle by these owners against MacDonald Resorts.

tatoc logo    mcdonaldsresortlogo

Another example which Inside Timeshare has been highlighting and fighting for almost a year, is the case of our Mrs B. She went to TATOC because MacDonald Resorts did not accept that she had legally transferred her Doña Lola week to another person using the services of another firm. She has been and still is  being chased by MacDonald’s through a debt collecting agency for maintenance arrears, (aged 87). TATOC told her to speak to MacDonald’s and even directed her to Alberto Garcia to report the firm she had dealt with as “bogus”, all because they were not RDO or TATOC affiliated. The case is still going.

Harry Taylor has lost credibility, reputation and now his little empire, this can only be good for the owners, unfortunately, unconfirmed news from our contacts across the pond is not very promising. It is reported that the one and only, serial failed director Chris Emmins of Kwikchex, Timeshare Business Check and the RDO’s Timeshare Taskforce, (replacing the enforcement programme, still trying to sound hollywood or pseudo legal), is set to take over the resurrected and saved TATOC, (if that does happen).

task force
The Timeshare Taskforce

 

We have said it before and we will say it again, the only way timeshare owners can be represented properly is to have their own association which is not funded or controlled by the industry. The only problem is the industry is very good at sending in the infiltrators.

So there we have it, great news for some but devastating news for others, as the news comes in we shall be reporting it here. So watch this space!

Since we went to press the NTOA are very surprised at this news, here is their response: “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 or foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.” 

TATOC “The Butcher of Consumer Rights”-is in Administration

 

fridaycat

Friday Letter from The US: Part II: What is our Timeshare Advocacy Group Doing Today?

Here we are again, another Friday and another letter from America, courtesy of Irene, following on from last week’s article.

Firstly the similarities between ARDA ROC and the RDO TATOC, both are industry trade bodies and owners organisations funded by the industry. Both require their members to abide by a code of ethics, but neither will arbitrate or investigate their own members. One difference is that ARDA ROC will not recommend any resale company, but RDO and TATOC will recommend any company that is one of its members.

Both bodies also actively focus on chasing scam and bogus companies, the RDO has employed kwikchex to head their Timeshare Taskforce. This company runs Timeshare Business Check, who contact businesses and question them for transparency, they list those who are not RDO or TATOC members, basically saying if they are not members or submit to their questions don’t touch them. They have no legal mandate and the owner has what can only be described as a very poor track record as a director. (see following link).

http://insidetimeshare.com/kwikchex-chris-emmins/

Only last week we announced and published the news that ARDA have donated $30,000 to TATOC and their Consumer Helpline, which received charitable status after initially being rejected. This donation was given because it is said they help and advise European Owners of US timeshares.

This is obviously a saving grace for TATOC as many of their members are withdrawing their membership or reducing their membership status, as was seen by Silverpoint dropping from Platinum to Silver.

Harry Taylor himself has been somewhat discredited over the Lakeview debacle, which has been going on for sometime. He has also been a very vociferous supporter of MacDonald Resorts and their forcing owners from fixed weeks into points. There is a class action ongoing by members who do not want the change as it then gives MacDonald’s “ownership” of the resorts and reduces members to “right of use only”.

This is happening in Spanish resorts, where we know that the points system is illegal, yet is still going ahead. MacDonald Resorts have a very bad reputation for the way they deal with members including the elderly. Yet they are main contributors to Harry Taylor and TATOC. Even the RDO have had nothing to do with them since 2005.

So we now move on to Irene’s article.

Part II: What is our Timeshare Advocacy Group Doing Today?

Part I: What is ARDA ROC Doing Today?  

By Irene Parker

March 31, 2017

Boss

“What is ARDA ROC Doing Today?”

http://insidetimeshare.com/friday-letter-america/

ARDA, the American Resort Development Association, is the national organization representing the timeshare industry. The ROC in ARDA ROC is the Resort Owners’ Coalition looking out for timeshare owners’ or members’ interest. Critics argue ARDA ROC works against timeshare owners when the interest of the owner and the developer diverge. It should be noted that non-deeded point members don’t “own” anything as they are right-to-use programs.

 FAQ Timeshare Resale Questions found on ARDA ROC website

Can ARDA-ROC or ARDA help me?

ARDA provides professional and educational development for its members provides industry research and data and advocates for policies that promote the vitality and continued growth of the industry. Based in Washington, DC, ARDA is comprised of nearly 1,000 corporate members and one million timeshare owner members.

Question: How many readers knew they were a member? Donations range from $3 to $10 as an opt-in or opt-out donation. That adds up to approximately $5 million a year in voluntary donations.  How many timeshare members even know what the letters stand for?  I didn’t. I was told it was an organization that helps timeshare owners. Foreign buyers who buy a US timeshare are also charged. How much do you think they know about ARDA ROC?

More from ARDA ROC FAQ

Neither ARDA-ROC nor ARDA provide information about complaints they receive.  ARDA-ROC and ARDA do not mediate, arbitrate or otherwise resolve individual disputes between a consumer and an ARDA member or non-member business. They don’t buy or sell timeshares OR recommend companies with whom you should do business. Neither can tell you if a company is “legitimate.”

ARDA does not have any regulatory authority, although they do require member companies to agree to abide by their Code of Ethics. Failure to do so may result in expulsion of the company from membership.

http://www.ardaroc.org/roc/resource-library/default.aspx?id=2771

Timeshare owners, often unaware they have signed a perpetual contract without a secondary market, consider the lack of a secondary their primary concern. ARDA has focused their efforts on chasing timeshare transfer agent scams, but little is mentioned about the cause of the scams, which is the lack of or limited secondary market.

 Thank you to Disney because Disney does allow a secondary market. “Disney is known for exercising their first right of refusal. When a timeshare company exercises their first right of refusal, the effect supports the resale price,” explained Tom Tubbs of Island Consulting Realty. Check out those Disney resale prices. Is your timeshare on the resale list below?

http://www.timesharestogo.com/listings/index.phtml

Deeded weeks can almost always be listed. If a resort has converted from weeks to points, non-deeded points with no secondary market will not be listed as the members of the Licensed Timeshare Resale Broker Association feel such points are worthless on the secondary market. If denied a voluntary surrender, a seller in this situation has nowhere to turn but foreclosure or the well reported transfer agencies that may or may not get you out of your timeshare.

Tom is a LTRBA member. I’ve gotten to know quite a few of the members and respect what they do to work with what little secondary market they’ve got.

http://www.licensedtimeshareresalebrokers.org/

Tom cautioned against making a blanket statement accusing ARDA ROC of not doing anything for members. A good example is the Virgin Islands. They are trying to slap an extra $300 onto an exchange. “If that happens, Aruba and other locations may try to follow suit,” warned Tom. In Hawaii, our two bedroom timeshare at Maui Hill slipped in a $6.90 a night Hawaii some kind of tax.

However, when the interests of the timeshare developer are at odds with the timeshare owner, the result is controversy. Issues like:

Owner access to membership lists. Timeshare owners receive endless calls offering vacation giveaways due to a mysterious $1800 credit on our maintenance fees, yet the developers work to pass laws or put up obstacles preventing owners from contacting other owners. No one on our Advocacy Facebook group will question why developers don’t want that!

https://www.redweek.com/resources/ask-redweek/timeshares-refuse-to-share-owner-lists

The lack of a secondary market.

Back to my $7 ARDA ROC “Voluntary” Donation

accountability

This “voluntary donation” can be difficult to remove from your account.  

What is this voluntary ARDA-ROC fee doing in my maintenance fee bill? – RedWeek.com

I asked timeshare Mike Finn of the Finn Law Group why it has been impossible to have my voluntary $7 removed from my timeshare maintenance fee invoice?

“Indeed you are quite correct that several other resorts include a line item in their maintenance fee statement for an ARDA-ROC contribution. I guess they get away with it because it’s allegedly voluntary. However subsequent maintenance billing beyond the first one incorporates that so called voluntary contribution and lumps it in with the subsequent maintenance fee total billing. If you don’t pay your bill after you receive the initial bill and you pay it after you receive a subsequent bill, you’ll probably be inadvertently including that voluntary contribution into your maintenance fee,” Mike explained.

Our Advocacy Group will begin having monthly conference calls to:

  • Target legislators that might be willing to consider owner concerns;
  • Educate the general public about what questions to ask before buying a timeshare. We wish someone gave us that advice!
  • Get updates on current legislation;
  • Get updates on legal and regulatory matters;
  • An update on the measurable success of our Advocacy Group.

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

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

Happy group

So there we have it the end of another week in the murky world of timeshare, Irene and myself thank those who have contributed to all the articles we publish, hoping it gives you the owners and readers an insight into what is going on. We have had many people contact us for advice and help, and through the contributions from readers, we have highlighted many dubious companies.

It remains for Irene and myself to wish you a very happy weekend, have fun.

weekend

 

across-the-pond

The Friday Letter from America

Back in January, Inside Timeshare published Irene Parker’s article Attorneys General and Timeshare under Trump, This was at the time of the now President Trump’s inauguration. In the introduction, we broke the news to our US readers of the plans  Mr Trump had going through planning in Scotland, for a second golf course and the increase in the number of timeshare apartments.

This apparently came as a big surprise to our American readers, it would seem they had no idea that he was also involved in “timeshare”.

Below are three links to two major UK daily newspapers, the last link is around 9 months old, but shows the opposition that Mr, now President Trump faced from local people. In this particular article is the story of a quarryman who refused to sell his home to Trump, who described him as a “disgrace” for not wanting to sell him his “pigsty of a home”. I don’t know about you, but in the UK and especially in Scotland that type of remark about someone’s home is a total insult.

http://www.independent.co.uk/news/world/americas/donald-trump-organization-golf-links-resort-scotland-aberdeen-conflict-interest-a7534596.html

https://www.theguardian.com/uk-news/2016/dec/22/planners-reject-donald-trump-revised-plans-scottish-golf-resort#img-1

https://www.theguardian.com/us-news/2016/jun/23/donald-trump-faces-wall-of-opposition-as-he-returns-to-scotland

Now to Irene’s article.

What is ARDA-ROC Doing Today? An Analysis

By Irene Parker – March 24, 2017

torch

After reading the March article “What is ARDA-ROC doing today?”

http://resorttrades.com/what-is-arda-roc-doing-today/

It seems a good time to revisit my $7 “voluntary” donation to ARDA-ROC. The word voluntary has a nice ring to it so for years when paying our maintenance fees, if I was asked if I would like to make the voluntary donation to ARDA-ROC, I said, “Sure.” Since then I have learned too much to ever answer in the affirmative again, unless proven wrong.

According to Lisa Ann Schreier, the ARDA board only lists one timeshare owner. Of the 23 board members, included are Frank Goeckel, Diamond Resorts, recently departed with a $2 million handshake and Franz Hanning, departed after the Trish Williams $20 million Wyndham Whistleblower verdict with a $3.4 million handshake.

http://www.ardaroc.org/roc/about/default.aspx?id=1354

Of the $816,068 ARDA made in political contributions, 74% went to Republicans and 26% to democrats. This breakdown was also provided by Lisa Ann Schreier:

https://www.opensecrets.org/pacs/lookup2.php?strID=C00358663

Like it or not, timeshare is all about politics. President Trump, or his family, is going into the timeshare business. Pictured to the left of President Elect Trump is long-standing friend David Siegel, owner of Westgate timeshare. Given the current political climate it would not surprise me if the Consumer Financial Protection Bureau halted their investigation of Westgate. The CFPB was spearheaded by Senators Elizabeth Warren and Bernie Sanders. That’s the organization that helped the Wells Fargo victims.

trump
David Siegel seated to the left of Donald Trump

As Charles Thomas of Inside Timeshare previously reported,

“Well it is actually quite simple for those in Scotland, back in 2008 there were some very heated debates over Mr Trump’s plan to build an 18 hole golf course and resort in Balmedie Aberdeenshire. This met with considerable resistance from the local people, but eventually Trump won through.

The original plan was to build a 450-room hotel, a second golf course, 500 luxury homes and 900 timeshare apartments along with a second 18 hole golf course. In a recent article in The Guardian newspaper these plans now intend to double the number of homes and timeshare apartments”

Whether you are or were for or against now President Trump, it is clear he is on the side of the timeshare developer which has become a battlefield pitting owners against developers.

Now to our main attraction:

What is ARD-ROC doing today?

A breakdown for soundbite reading and request for more information:

In a perfect world the only thing ARDA-ROC would be doing today would be writing checks, sitting back and relaxing. But, it’s not a perfect world and so a typical day for Chairman Ken McKelvey goes something like this:

ken McKelvey
Ken McKelvey

It is a Thursday and McKelvey started his day discussing a new wrinkle in the South Carolina transfer legislation that ARDA-ROC has been proposing.

I believe this is South Carolina House Bill 3647 tightening the language of timeshare transfers. In our last article we reported how the nature of the perpetual contract, rising maintenance fees and little or no secondary market spells a disaster for aging original owners if denied a voluntary surrender.

That was followed by a conference call regarding the proposed United States Virgin Islands timeshare fee.

This does sound like a benefit for owners because an extra $300 slapped onto an exchange seems exorbitant.

The day before was loaded with details regarding a Saint Maarten Parliament Timeshare Ordinance and its potential impact on consumers.I know nothing about the Saint Maarteen Parliament Timeshare Ordinance but it sounds ominous.

Along with a final draft of legislature in Florida regarding the sunset clause to help legacy properties gain reasonable voting requirements to extend into the timeshare agreements into the future. Whew.

This is Florida House Bill 818 concerning a reset to continue beyond the sunset provision.

And he’s just a volunteer who is happy it is not Monday.

The ongoing operations of ARDA-ROC is both reactive and proactive; on one hand they react to any proposed legislature, dealing with real estate or tourism proposed laws that have any tentacles that could possibly affect timeshare and on the other hand they write and lobby for legislature that could help timeshare owners.

This lobby effort sparked outrage among owner advocates. Did my $7 go to this effort?

“The bills (House Bill 453 and Senate Bill 932) have been sponsored by two politicians from Central Florida — deep in the heart of time-share country: Rep. Eric Eisnaugle, R-Orlando, and Sen. Kelli Stargel, R-Lakeland.

Both politicians have received money from time-share interests — an industry that showers cash on Florida politicians and committees, including $300,000 to the Republican Party of Florida and $150,000 to the Democrats,” reported Scott Maxwell for the Orlando Sentinel.

http://www.orlandosentinel.com/opinion/os-florida-timeshare-tactics-scott-maxwell-20150411-column.html

Throughout the year, ARDA-ROC has lobbyists on retainer in up to 25 states, and territories, and who according to McKelvey “we HOPE the only thing we ever hear from them is an invoice.”

These lobbyists monitor and pick through every piece of proposed legislature with a fine tooth comb, seeking things that are rarely specifically spelled out to say timeshare, but could be interpreted to have grand impact on it.

This from Advocate Michael Kosor:

The “fine tune comb” can be seen in the Nevada State Bill 195 that would have allowed an Association Board to terminate its management contract (the most important and costly agreement a board oversees), issued to them by the developer, without obtaining a majority owner vote – an impossible effort. ARDA-ROC identified the change and successfully lobbied to have it removed.  This was clearly an owner friendly provision the industry did not support.  Lobbyists (of ARDA and ARDA ROC, they use the terms loosely and interchangeably) suggested (vaguely and without discussion despite being an absurd assertion) the original language was “intended to protect timeshare owners” and should not be changed.

Keep Reading

parting

Parting of the Ways: RDO Announces it is Dropping Mindtimeshare

It was announced yesterday 7 February, that the RDO (Resorts Development Organisation) is not going to renew the contract with Mindtimeshare SL. This follows last year’s announcement that Alberto Garcia was “stepping down” as director of mindtimeshare and head of the RDO “Enforcement” programme.

As we reported in our article of 16 March 2016, Alberto Garcia had attacked many firms with false allegations, all at the behest of the RDO in its bid to discredit any company who was not a member of that organisation.

enforcer

During his time working as “The Enforcer” (sounds like something from a hollywood film) this ex-police inspector falsified allegations and used his connections to discredit, have arrested and destroy innocent people. All under the guise of protecting the consumers of the timeshare industry, an industry that itself is doing nothing for the consumer apart from causing many financial burdens and stress.

This can be seen in the number of cases being won against RDO members in all the courts in Spain. The Supreme Court itself has made 46 rulings against these RDO members, yet nothing is said or done to change what the industry is doing. In fact the RDO backs up the claims from the likes of Silverpoint and Anfi that the laws are wrong and that these eminent judges are wrong in their interpretation of the law.

The RDO´s enforcement programme has been discredited, mindtimeshare has been discredited, Alberto Garcia has vanished (not that anyone had ever seen him, with this the only photo found).

Alberto-garcia-2

But in its place a new entity has been created to replace it, “The Timeshare Task Force”.

Another name that tries to imply it is a “legal law enforcement entity”. This time it is being coordinated by Kwikchex, a company owned by Chris Emmins, which claims to be a “Worldwide Reputational Management” company, which is only around 6 years old.

Mr Emmins, has a very long history as a director, having resigned fro 4 directorships, and held 17 appointments at 17 companies which have all been dissolved. It is also alleged that these dissolved companies have left a debt of over £500,000 to creditors. Not a very auspicious record! (see link to previous article)

http://insidetimeshare.com/kwikchex-chris-emmins/

It is also believed that Chris Emmins was the only tender for the contract to run the new “Timeshare Task Force”.

task force
OK guys lets take em out!

Again, it is designed to fool the public into believing that only the RDO can be believed, that when Kwikchex does its so-called verification process, it is doing so as a legal right. Any company not subjecting themselves to their questioning will receive negative comments on the Kwikchex Timeshare Business Check website. No company is legally obliged to answer their questions, there is no legal reason why they should, let alone have to join the RDO in order to conduct business.

Ask yourself the question, why would, say a law firm engaged in suing the timeshare industry want to join the industry trade body?

Why would they pay the organisation the membership fees to be accredited as “legitimate”, when it is those members who are flouting the timeshare laws?

These are questions for you the reader to decide the answer.

We also recently published the article on 6 February “The battle Lines have been Drawn”, we reported about the problems of TATOC and Harry Taylor. Since then we have received information of a major falling out between TATOC and the RDO, with RDO members withdrawing membership or reducing their contributions. In another twist to this story, it has been reported from the US that the American Resorts Development Association (ARDA) President and CEO Howard Nusbaum, will be speaking at the March Conference. We have also been told that this organisation will be contributing substantial funds to TATOC, apparently much to the consternation of the RDO.

On this we will just have to wait and see.

 

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