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High Court No 3

Friday’s Letter From America

Welcome to this week’s Friday’s Letter From America, Irene Parker’s article this week focuses on eleven Platinum Diamond Members who have had problems. But first a round up of the news from Europe.

Once again, those lawyers from Canarian Legal Alliance have made legal history in Spain. Back in March 2015 they secured the first Supreme Court ruling against the timeshare industry, on Tuesday 13 June, they did it again with their 50th ruling from Spain’s highest court. From our sources, no other law firm in any field has managed to get this many rulings through this court. It certainly has shaped the way the timeshare laws are now being applied.

This latest ruling was against Silverpoint in Tenerife, a company with a long history of litigation against them. Since January the Supreme Court has ruled on no less than 10 cases brought by CLA on behalf of their clients.

Yesterday, Thursday 15 June, it was also announced that the Court of First Instance of Granadilla de Abona Tenerife, has ruled against Diamond Resorts Tenerife Sales SL. The client’s contract was declared null & void and the court ordered the return of over 29,000€ this was because the contract was the Diamond points system.

On Wednesday 14 June we published the Anfi CEO’s letter to members, in his letter he still indicates that the Supreme Court has got the perpetuity contracts decision wrong, he also says that it is not true that Anfi are losing. Well here we go, Wednesday 14 June, the High Court No 3 of Las Palmas once again declared an Anfi contract null & void in respect of the contract being over 50 years in duration (perpetuity) and that it also contained “Floating Weeks”. In this case they have been ordered to pay back over 10,950€

The truth is there and plain to see, it can also be easily verified through the courts themselves. Sounds like the “Fake News” syndrome is catching!

At least in Spain, consumers are getting the protection of the law, maybe our cousins across The Great Lake will take heart, that there is some light at the end of the tunnel. Now to Irene’s article.

 

Eleven Platinum Diamond Members Cry Foul

Romeo and Lily Dalisay Share their Story

be strong

By Irene Parker

June 16, 2017

It’s not easy to stand up against wealth and power, whether you are a woman accusing a famous comedian, or a former FBI Director accusing the President of the United States. Any timeshare member who has come forward to share their story can relate to the discomfort felt when the decision has been made to stand up publicly for truth and justice.

Inside Timeshare previously published the story of Romeo Dalisay, age 70, and his wife Lily, age 71, a California Filipino family. Romeo is a retired physical therapist and Lily a hand therapist. The family has maintained a good credit score until now, facing foreclosure for the first time in their life.  Mary was working just to pay for their Diamond Resorts loan and annual maintenance fees, but can no longer work due to complications from diabetes.

Romeo and Lilly decided to release their identity after reading Angela Johnson’s Inside Timeshare article. It was also of great comfort to read about the Fournier family and the lawsuit filed against Diamond Resorts by attorney Amir Goldstein, as the Fournier family is struggling with the foreclosure process as well.

http://insidetimeshare.com/timeshare-advocacy-group-update/

The Dalisay family is one of eleven Platinum Diamond member families that have reached out to Inside Timeshare alleging they were up-sold to a higher loyalty level by deceit, concealment, violation of trust and bait and switch.

Out of the eleven Platinum member complaints, Diamond’s Advocacy Department has resolved three. Three of the eleven complaints involve Diamond’s rental policy change, which states Diamond members can only rent to friends or families. All hold contracts allowing rentals and were sold on the benefits of renting.

philipines flag

The Dalisays are one of four Filipino families who have reached out to Inside Timeshare. Diamond has helped two of the four Filipino families resolve their complaints. The Dalisays first article was translated into Tagalog.

Diamond Resort’s non-deeded vacation points cannot be listed with any of the 64 members of the Licensed Timeshare Resale Broker Association, so families find themselves forced to foreclose if they are not eligible for a voluntary surrender due to a loan outstanding. Diamond Resorts is the only major timeshare that cannot be listed with an LTRBA member due to restrictions the company has placed on the use of secondary points the LTRBA members feel are more onerous than other major timeshare companies.

http://www.licensedtimeshareresalebrokers.org/

Inside Timeshare has received numerous complaints from Diamond members concerning Diamond’s Polo Towers and Cancun Resorts sales tactics. Of the eleven Platinum members filing complaints, six are from these two resorts. One of the six was up-sold by a Polo Towers sales agent while she was training Diamond’s sales agents in Virginia.

In brief, here is a description provided by nine of the eleven Platinum member complaint allegations that do not concern the rental issue except for Irina. Irina Allen has been accused of renting, although she says she only posted one ad on RedWeek on the advice of her sales agent. There are many Diamond rental ads posted on RedWeek. Irina also alleges she was upsold by deceit. The families are listed only by number.

  • Ka’anapali Hawaii sales center, up-sold from US to Hawaii Collection or there would be no Hawaii availability. Virginia sales center, up-sold to take advantage of a 30 cent maintenance fee reduction program that did not exist, Polo Towers Las Vegas sales center, “should have been invited to a meeting” up-sell from Hawaii to US Collection, or they would regret being Hawaii Collection members.
  • Branson MO up-sold to obtain a survivor release benefit, already available, a Ka’anapali up-sell US to Hawaii claiming only Hawaii points can be rented and only Hawaii members have survivor release options.
  • Polo Towers, a Legacy up-sell because points will appreciate and buying Legacy points is the only way to sell points. Complaint resolved in member’s favor.
  • Polo Towers, a Legacy upsell so they could sell their points. Complaint resolved in member’s favor.
  • Polo Towers, a Legacy up-sell as the only way to sell points. Unresolved Irina Allen up-sold in order to use secondary points, the subject of an upcoming article.
  • Polo Towers, a Legacy up-sell as the only way to sell points. Complaint resolved.
  • A Polo Towers sales agent, working in Virginia to train Virginia sales agents (as she said she helped developed many of Diamond’s policies), a Hawaii to US upsell or there would be no US availability. US to Hawaii upsell or there would be no Hawaii availability and renting Hawaii points is allowed only in Hawaii to cover maintenance fees.
  • Romeo and Lily Dalisay described herein.

Back to Romeo and Lily’s story in their own words

The Dalisays are former Monarch owners. Convinced to give up their Monarch deed, they currently own 60,000 Diamond points. The mortgage balance is $85,968 financed by Diamond at 13.1% and the monthly payments are $1,375. Maintenance Fees for 2017 are $9,034. Historically, according to information culled from lawsuits, Diamond points have sold for $3 to $4 a point, so the Dalisays have spent at least $200,000 on vacation points.

Many Monarch owners at all loyalty levels have contacted Inside Timeshare alleging deception, claiming they were told they had to buy additional points due to Monarch’s bankruptcy as they were responsible for their share of Monarch’s debt, when in fact many Monarch owners were able to deed back their Monarch week for a $250 fee.

In Romeo’s and Lily’s words

In Las Vegas at Diamond’s Cancun Resort in 2013, we were told we should have received an invitation to attend a dinner to discuss the transition from Monarch Grand Vacations to Diamond.

“You should have been invited to a dinner” is being used today on Gold Key and Intrawest owners. It seems designed to confuse.

The sales agent asked us to write a letter stating we did not receive the dinner invitation and therefore should be given the same price per point as those who attended the dinner. He faxed our letter to a Las Vegas Diamond office. We were told that due to Monarch’s bankruptcy we would lose our equity if we did not purchase additional Diamond points. The promised one hour meeting lasted five hours. We eventually broke and signed a contract to buy more points.

We constantly received telephone calls asking us to attend more updates. We generally turn them down, but accepted an offer from Diamond’s Cancun Resort. A previous telephone sales encounter from Cancun lasted over three hours.

In Pomona, California July 2015 at another meeting, we again were told we had to get rid of our Monarch points by buying more Diamond points in order to prevent the increase in maintenance fees due to less and less people owning Monarch.

This is a difficult topic and one of great interest to Intrawest and Gold Key owners as well because it is unclear how diminishing numbers of deeded members will be treated. At a 2016 Monarch Annual Meeting it was announced 30% of the remaining 40,000 Monarch owners had not paid their 2016 Maintenance Fees.

The Pomona sales representative said that if we keep our Monarch deed, we will be assessed increased maintenance fees to pay for the repair of the Cabo property caused by a hurricane. Another example he gave was the water damage at The Point at Poipu, a Diamond acquired property in Hawaii.

This meeting lasted over five hours until midnight. Focus, decision making ability, and judgement falter if kept that long. The increase in maintenance fees after this purchase started our financial struggles.

A total of four credit card accounts were opened to pay the down payment.

http://insidetimeshare.com/timeshare-finance-barclays-hot-water-high-court/

In 2016, we took out loans to pay our maintenance fees. We also used points to pay maintenance fees, but a point purchased for around $4 is only worth $.04 if used to pay maintenance fees.

stick men

Many of the tricks of the timeshare trade, like promising a buy-back program when none exists, are not unique to Diamond. What is unique is an organized effort among 5,000 Diamond member supported Websites and Facebook members determined to report deception when it occurs by obtaining the sales agent’s name and ID number, the resort location, and date and nature of alleged deceit. In other words, we act to hold Diamond accountable when members feel “the script” is nowhere to be found.

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/

We hope the goals of accountability and transparency promoted by Diamond’s new CLARITY™ program are acted on and enforced as we work in partnership to make sure they are.

Our Timeshare Advocacy Group™ motto, courtesy of Jimi Hendrix, is Knowledge speaks, wisdom listens. It is our hope that one day timeshare developers will not look upon customers such as those described in this article as “the enemy”. Those mentioned in this article with issues resolved issues were initially denied and had to fight for a positive outcome. We teach our children to admit when they make a mistake, but grown-ups working in the corporate liability world must abandon this important principle in order to survive in a sometimes customer unfriendly world.

truth set you free

So there we have it another week over in the murky world of timeshare, thanks to all those who contribute, either by writing their stories or just giving us the heads up on the latest news. The truth is out there as Mulder and Scully from the X-Files would say, it is just a matter of who you wish to believe, those who sold it to you or independent sources?

friday dog

Have a good weekend.

stop press

Just as we were about to publish this news came in from the High Court Number 3 of Santa Cruz de Tenerife, Diamond Resorts Tenerife Sales SL, (Diamond Resorts Management Ltd), Club Sunterra Europe Ltd,(Sunterra Europe Ltd) Diamond Resorts International have just been ordered to return over 33,451€, with the client’s contract being declared null & void.

Another Week of Court Action

As we have seen over the past couple of years the Supreme Court rulings on timeshare is taking its toll on timeshare companies.

Only in the past week we have seen numerous cases being won in the lower courts, most notably those against Resort Properties / Silverpoint in Tenerife. Others have included Diamond Resorts and Lagos de Fañabé, also at the Tenerife Courts.

The weeks timeline:

29 May

Court of First Instance No 4, rules in favour of British clients ordering Silverpoint to return over £37,793 plus legal interest. The contract was also declared null & void, in this case the court ruled that the contract did not specify a date, time or location, other information was also lacking.

On the same day at the High Court No 3, ruled against Diamond, again there was a lack of information specified in the contract. The court ordered the return of over 28,000€ plus legal interest. The contract again being declared null & void.

31 May

The Court of First Instance No 1 in Tenerife found for British clients against Van Gogh Promotions. The contract was declared null and void with the return of £12,016 plus legal interest.

That afternoon, the First Instance Court in Maspalomas saw the end of another trial against Anfi, the sentence has yet to be announced. But if previous cases are anything to go by, along with the rulings of the Supreme Court, we can guess what that is going to be.

contract

1 June

The courts in Tenerife again found against Silverpoint, the court ruled that there were serious infringements of the timeshare laws. In this instance it was again the lack of specifics on week, time and location, it also mentioned the infringements in the R/P / Silverpoint system of points. It also ruled that the taking of deposits within the cooling off period was illegal and awarded DOUBLE the amount back, these clients will now receive over £47,131 plus all maintenance fees and legal interest.

2 June

Two cases from the Tenerife courts ruled against Silverpoint, again it is the same infringements of the timeshare laws. In these cases a German client was awarded over 27,489€ plus legal interest, then a British client was awarded over £30,062 plus legal interest. Both contracts were declared null and void.

5 June

Again from Tenerife, the court ruled against Lagos de Fañabé, the main point of this judgement was the length of the contract, being in perpetuity, or longer than the allowed 50 years. The client again British will receive over £11,000 plus legal interest and legal fees. The contract also being declared null & void.

6 June

Another end to a trial at the court in Maspalomas, again concerning Anfi. British clients are now waiting for the court to issue its verdict. Again, if the Supreme Court rulings apply, we know what that will mean.

7 June

At the time of writing the latest news from Tenerife was announced. The High Court No 3, has declared another Silverpoint contract null & void, with return of over 25,698€ plus legal fees and legal interest.

The courts are certainly keeping busy with all these cases, but there are certainly some very happy clients. Following is the story (translated) posted by a Scandinavian client on facebook.

“Today, after many years in the legal system, we have completed our case against Monte Anfi.

The Supreme Court of Madrid decided in March 2016 that our contracts were invalid and we had to have our expenses returned.

We paid in 2005, 34,000€ and have received 340,000 Norwegian Kroner, around 35,756.91€, after the Canarian Legal Alliance has received their fees.

We are deeply grateful for the help the Canarian Legal Alliance has provided us.

We hope that others who want out of their contract will be as lucky as us”.

scandi anfi

 

So for those who post on social media that no one gets paid out, this shows they do, not everyone will post their story, most wish to remain anonymous.

It now remains to be seen how many turn up for the Anfi SGM on 23 June. It will also be interesting to see how many will accept and sign the new contract, or will they take up the legal option, having their contracts declared null & void, with the return of all they have paid?

Inside Timeshare will be watching these events and will report when the news comes in.

If you have any questions about any article we publish contact Inside Timeshare and we will be pleased to help.

New Name Same Company

Following on from Monday’s article which highlighted Keys Concierge and the relationship with Silverpoint, Inside Timeshare has received further information from one of our readers.

This reader attended a presentation at Beverly Hills Club in Tenerife, one of the Silverpoint resorts, he was then sold a one year trial membership of Keys Concierge, the new “lifestyle product” which we found out is the new product Silverpoint are marketing.

silverpointlogo

According to the information received, the new company selling this membership is called:

Signallia Marketing Distribution SA, with the CIF. A76539030, based at Avda San Francisco 12, Arona Tenerife. When the CIF number and the company is checked there is a little surprise. Lo and behold the company was formerly known as Silverpoint Vacation Solutions SA.

So there we have it, new company name, same CIF and address, but I would not be surprised if they deny that they are still Silverpoint, a little like Silverpoint tried to deny they were Resort Properties.

As for the new product, it is a credits based lifestyle membership, offering stays at Beverly Hills Club (no longer timeshare), Beverly Hills Heights (part of which is being sold off) and Hollywood Mirage. They also offer a “concierge service” where their “lifestyle managers” do all the work for you, make your bookings and travel arrangements even helping you with switching your utility company.

Some of the “benefits” are the discounts you can get from utilising your Keys membership, from 5% discount at Marks & Spencer, 4% discount at Sainsbury’s or even 8% at B&Q! You can also get upto 15% discount at Disneyland Paris among others. (see the link for offers).

https://www.keys-concierge.com/discovery-offers

Keys concierge

Looking at the website, the product is very similar to others in the past, a Discount Holiday Membership Club, with other services attached. Did we not see something similar with the same type of “Lifestyle” promises from Club Class Concierge?

They also had a “concierge service” which would “enhance” your lifestyle, your very own personal assistant to do all the mundane things like booking travel or theater tickets. Massive discounts which never materialised, either on the holidays or the other products they listed.

It is also sold that you “earn” more credits when you book anything with them, which “saves” you even more. I’m sure we’ve heard this before with “Leisure Credits”?

So the next question is, now that Silverpoint is no longer “selling” timeshare, or no longer members of the RDO, will Kwikchex business service be contacting them for a transparency report? Will they “comply” and if not what will Kwickchex say?

Will Mindtimeshare even post anything about them and this “New Product”? After all Mindtimeshare does publish about companies that are not “Timeshare” and in their eyes are “bogus or scams”. We shall watch those blogs and all the other forums for any comments about this new venture. Somehow I don’t think we will have to wait to long for answers.

On another note, Silverpoint again lost another case, the news was announced on 18 April. The High Court No 3 of Santa Cruz de Tenerife found in accordance with the Supreme Court rulings and declared the CLA client’s contract null & void. They ordered Silverpoint / Resort Properties to return over 27,000€ plus first instance legal fees and legal interest.

So just to finish, Silverpoint Vacations Marketing SA are now Signallia Marketing Distribution SA, a new name and a new product to peddle, will this product turn out to be a good one or will it go the same way as others before it? As usual it is all left to questions needing answers.

If you have had any contact with this company or product and want to aire your views, contact Inside Timeshare and we will share it with our readers. (see one readers comments) http://insidetimeshare.com/keys-concierge-another-credits-based-lifestyle-company/#comment-4014

It is through your experiences and information that others can be warned as to what is going on and be prepared.