Browse Tag

High Court

Start the Week: Latest News

Welcome to the start of another week in the world of timeshare, we begin with some news being passed around various forums regarding Anfi. As we know Anfi is contacting members to change their contracts, but the latest is rather disturbing.

The change in contracts is to try and bring them within the law, the new contracts will be for a maximum of 50 years, with apartment numbers and week numbers being allocated to the floating week contracts, although they will remain “floating”.

According to information received, the new contracts will also penalise the members for “early termination” of their membership. Any early termination of the contract will be seen as a serious breach of contract on part of the member, Anfi will then apply a retrospective charge on the member for “hotel Costs” of around 350€ per night for all weeks used.

They have already used this threat to members who may be contemplating legal action in regard to illegal and missold contracts. This is also the subject of an ongoing legal argument, which has yet to be finally resolved.

Another point that has come to our attention is the number of members who have just ceased to pay their maintenance, especially with the new contracts. It is reported that around 100 members in 10 countries are about to have legal proceedings made against them for recovery of the maintenance fee arrears. Plus to have the mentioned “hotel costs” charged against them.

Another point which is irritating some of the members posting on the forums is the problem of resale. According to many posters, Anfi has the right to refuse the buyer of any timeshare sold privately. Again this is to ensure that all resales go through the resale programme, which we know is not very effective and will only command a very small resale price.

As with any timeshare advertised for sale, the price you see is what the owner believes they will get, remember, when purchased, many were under the impression they were investing in property. The sales staff openly told them it would go up in value, as we know this is definitely not the case.

So what do we make of this change in contracts and the other tactics being used?

Simple, by changing to the new contract, you lose all rights to take them to court, this is what Anfi want, after all it is costing them a fortune in payouts. (Which they will deny).

The threat of the “hotel costs” with legal action against maintenance arrears and making it more difficult to sell privately, is again to stem the tide of a significant loss of membership. This loss hits them in the pocket with reduced income of maintenance fees. After all, they are not selling like they used too, people are very wary of purchasing timeshare today.

Canarian Legal Alliance has issued some figures for the last week of January and the first week of February.

At the Court of First Instance, in Maspalomas, they had 19 (nineteen) victories against Anfi del Mar alone.

There were also 2 High Court wins in Las Palmas, again against Anfi del Mar.

Again at the Court of First Instance in Maspalomas, Palm Oasis lost 3 cases.

Over in Tenerife, The Court of First Instance again found against Silverpoint in 2 cases.

In another First Instance hearing, Club la Costa were the ones on the receiving end of a judgement.

In all a massive 27 victories against the biggest names in European timeshare, the total amount claimed on behalf of clients is over 648,000€ with all contracts being declared null and void.

CLA have also issued this video, which shows their impressive record so far, it was made at the end of 2018.

That’s it for today, join us tomorrow for a very special article, this was received by another timeshare insider after we published the article on the Florida Bill 435, tomorrow we publish Part 1.

If you need any help or advice regarding your timeshare, about any company that has contacted you or you have found either on the internet or advert in any publication, then use our contact page. We will be pleased to help.

Also if you have any comments, views or information you would like to share with other timeshare owners, then again use our contact page, we would love to hear from you.

Friday’s Letter from America

Welcome to the first Letter from America of February, this week we hear another “Nightmare on Timeshare Street” from the Wheat family and their experience with Wyndham, edited by our very own Irene Parker. First a little news from Europe.

Yesterday, Thursday 31 January, at Birmingham Crown Court , Dominic O’Reilly, Stephanie O’Reilly and Eze Europe Limited, appeared for sentencing. As we know they had faced many charges of unfair trading practices, misleading consumers and many more. On checking the courts website this morning, nothing has yet been posted, but Inside Timeshare has emailed the court for confirmation of sentences and we are waiting for a reply. As soon as this comes in we will be publishing on these pages.

News came in this morning regarding another case involving Diamond Resorts in Tenerife, Canarian Legal Alliance originally had a case in which the Court of First Instance found in favour of Diamond. They instantly appealed this decision to the High Court

The High Court reviewed the case and ruled that the First Instance Courts decision was flawed, they immediately overruled the first court’s ruling, as per the Supreme Court rulings. They deemed that all 5 contracts were illegal and declared them null and void, they also awarded the client 100% of the purchase price, plus double the deposit paid within the 14 day cooling off period, all legal fees and legal interest. This client will now be receiving over 25,000€ and can now enjoy a timeshare free life.

Now for this weeks Letter from America.

The ‘Take Away Timeshare Close’

By a Wyndham buyer

February 1

By the Wheat Family

Introduction by Irene Parker

Inside Timeshare has heard from 671 families. Like a broken record, the member reports being told “I can’t believe that last salesperson sold you this!” You should have never bought:

 

  • So few points!
  • The wrong package!

 

Understand that this is a tried and true sales technique. I spent 30 years in sales selling in a number of industries, but can’t recall using this technique unless I felt the sales agent really did sell the buyer a wrong product. For example, as a stockbroker I would run into a young person’s 401K funded with a fixed income product. In timeshare, it’s used as a ploy. If both sides of the supposedly wrong/right product sell against each other, it means no consumer should buy the product. It’s not unusual to hear, on the same day, from two different members, Sales agent A said I should not have bought Product 1 while sales agent B said I should have bought Product 1. It’s called the Take Away Close:

The Take Away Close really takes some time to master. Though it sounds simple at first, the real secret is learning when to use it. The danger is always using the take away close and having a customer agree to purchase a lesser product when they were close to committing to a larger sale. From The Balance Careers

https://www.thebalancecareers.com/the-take-away-closing-technique-2918597

The Wheat Family Explains

The motive behind the ‘Take Away Close’ is to make the customer/prospect feel like they are missing out on something they should have been entitled to and then make them spend the money so they feel they are getting their money’s worth.

We experienced this sales ploy. I wonder how many other people fell for it too.

We bought a Discovery package (200,000 points) for $1,944 at Wyndham’s Great Smoky Lodge at the beginning of 2017. A credit card was opened and the purchase charged. When we tried to use the Discovery package for Florida in July 2017 it did not work. There were restrictions on when we could reserve. In August 2017 we tried to reserve in Myrtle Beach. We tried a third time at the beginning of 2018 for the Smoky Lodge. We were told it was full so we paid for two days ourselves. That is when another salesperson, JR Renteria, said they had 64 vacant rooms so we should have been able to reserve one. He said the problem was because of the Discovery package we purchased. Although Wyndham would not be able to reimburse us, they could give us a free week certificate (which turned out not to be free). Mr. Renteria advised us to upgrade so we would not have this lack of availability problem again.

With an upgrade we were told we would be VIP members and that the original credit card that was opened for our first purchase would be upgraded to a Gold credit card which we could use to reserve when and where we want to go, any day.  They said we could get 50% off cruises and restaurants. Other family members could make reservations in their names. Mr. Renteria said if we upgraded they would roll the original 200,000 Discovery package points over for the next year. Renteria gave us our documents after we signed the new contract, but told us to wait for the Gold Card and the Silver VIP card before we tried to book anything. This effectively dodged the contract rescission period. He told us we should receive the new cards in about a week. It took around three to four weeks before we received the VIP card. We still have not received the upgraded Gold Card. We were told we had six months to pay in full with no interest.

We bit and got bitten for $18,000.

Another strange thing was that Renteria said he wanted us to write a note saying the first reps, Carol Finch and Cyndy Vdaw, did not cover everything properly for the Discovery package. Maybe this was part of a scam, maybe Wyndham actually kept a copy. Either way, we wrote a note saying we did not understand everything on the Discovery package deal.

After the upgrade we tried to reserve a room to attend a wedding in Atlanta. Wyndham told us we would have to reserve two months in advance in order to use our points. (Renteria had said we could book on the day with our new Silver member status.) Wyndham told us that they could reserve a room for $188 on the day we needed it. The sad thing is we could book the same room for the same dates for $108 online.  You would think being a Silver member (VIP) we should have been able to get a better price than a non-member.

Renteria told us we could call him if we ever had any problems getting reservations and he would take care of it.  We tried to contact him but NEVER got a reply to any of our calls or texts.

We called Carol Finch at the Discovery timeshare when Renteria did not return our calls. I told Carol we were not happy and that nothing we were told was true. She said we should not have had to wait two months to reserve a room and Renteria should have combined the two timeshares. She said she would let him know and would call us back that afternoon. We have not heard back. That was the final straw. In this day and age of Expedia, Airbnb and Booking.com, don’t buy a timeshare. That’s my takeaway close.

But that’s not all!

To make things worse, after looking over the credit card application we found that the application had been doctored. There is an annual income noted under both of our names for $100,000 each.  However, $100,000 is what we may make combined, not individually. I have a copy of the credit card application as proof. My writing is very distinctive. I filled out the whole form, yet the only place that was left blank was filled in by someone with a much scruffier handwriting than mine and he wrote another $100,000 to double our annual income. We sent this obviously doctored form to Wyndham, but they did not even acknowledge it. They chose to focus on the parts of our complaint that they could reasonably deny because the lies were verbal and can’t be verified. Wyndham conducted an ‘investigation’ into our allegations of concealment and omission. We were informed, somewhat predictably, that their investigation had found that our allegations were baseless and the contract was properly executed and legally binding. I suppose I’ll go and ask the drunks to guard the bar for my next trick.

Other representations we feel were unfair and deceptive:

  • They did not say we were actually buying a timeshare. They called it a vacation ownership or something like that.
  • They said they would help us rent so we could earn a profit.
  • They said maintenance fees would never increase.
  • They said we could call every six months to continue our interest free rate.
  • They told us our purchase would give us more reservation rights than it actually did.

Do yourselves a favor and stay away from Wyndham. I imagine Wyndham is not alone, so the best advice is to stay away from timeshare altogether.

Thank you to the Wheat family for sharing their experience. Timeshare companies should want their buyers to feel good about their decision to buy a timeshare. Timeshare is not for everyone and we hope by sharing experiences, buyers will be better informed as to whether the timeshare product is right for their family.

Related articles:

Veteran family Wyndham buyer Kleen family article:

http://insidetimeshare.com/fridays-letter-from-america-38/

Veteran family Wyndham buyer Althage family article:

http://insidetimeshare.com/fridays-letter-from-america-37/

Self Help groups we feel are not industry influenced:

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

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene for your editing efforts and a very big thank you to the Wheat family for sharing their experiences with us. These real life stories that we publish do show how the industry is in dire need of reform, especially in the tactics employed by their sales agents. As we know when high commissions are the motivation, these agent will say and do anything to get the sale.

If the industry does not do anything themselves to curb these practices, then maybe like Spain, the law needs to take control in order to protect consumers. We do know that many other countries in Europe with a large timeshare presence have been watching Spain very closely and are also now in the process of enacting similar legislation.

If you have a “Nightmare on Timeshare Street” story that you would like to share then contact Inside Timeshare, it is through your own experiences that we hope we can make the industry listen and change.

Have you been contacted by any company with a story that sounds too good to be true?

Are you looking to do business with any company you have found on the internet or advertising in the press or magazines?

Do you want to know if they are genuine and will do what they say?

Are you able to find out for yourself or do you need help?

If you answer yes to any of these questions, then use our contact page and we will point you in the right direction.

Remember doing your homework will save you not only money but also a whole lot of stress.

Have a great weekend and join us again next week.

Mid Week Report: Diamond Resorts Receive Second Supreme Court Sentence

The Supreme Court, Spain’s highest judicial body has again found against Diamond Resorts as per their previous 129 rulings. This week alone Diamond have lost 2 cases at the highest court in Spain, it all centers on their points system which has been declared an illegal product due to lack of tangibility and the length of the contract.

In the past three years, the Supreme Court has ruled on 131 cases involving the sales of timeshare, each time it has upheld its previous rulings, on many occasions it has added further rulings on the interpretation of the Spanish Timeshare Laws 42/98 & 4/12.

The latest case started with a trial at the Court of First Instance No 24 in Tenerife, the judge in this instance found for the clients as dictated by the previous ruling of the Supreme Court and the Spanish Timeshare laws.

The infractions were the contract had no end date, which is in contravention of the law as laid down and reinforced by previous rulings, the law clearly states that a timeshare contract should be a minimum of 3 years and a maximum of 50 years in duration. The second was the points system, which shows no tangible product, this being a fixed week number and fixed apartment number, which guarantees the purchaser the period and accommodation each year.

The Judge ruled in favour of the client, declaring the contract null and void plus the return of all money paid. However, Diamond did not agree and promptly appealed the decision to the High Court.

During this appeal, Diamond pleaded that what they had sold was not timeshare, that just like Silverpoint, these were “investors” and not consumers of timeshare. For some reason the judges at the High Court agreed and overturned the decision of the Court of First Instance.

The lawyers of Canarian Legal Alliance representing the clients, placed an appeal with the Supreme Court. The Supreme Court had already previously ruled on the point of “investors as opposed to consumers”, ruling that they are consumers.

On 13 December 2018, the judges of the Supreme Court overturned the decision of the Tenerife High Court upholding and reaffirming the ruling of the Court of First Instance, in favour of the client and in accordance to their previous rulings.

The court along with the original decision declared the contract null and void, awarded over 11,000€ plus they ordered the return of all legal fees for the original case and the appeal, sending it back to the original court for execution of sentence.

The full sentence can be seen in the PDF below.

Supreme Court 2nd Diamond sentence data protected

Over the past 3 or so years the Supreme Court has been consistent in reaffirming their previous rulings, which all courts must abide by. The basic rulings are that deposits or any payment made within the cooling off period are illegal, including those made to a third party. The points and floating weeks systems are not permitted as they do not guarantee anything to the consumer. The duration of the contract is another aspect they have consistently ruled upon, that any contract with a period of more than 50 years is not permitted.

As with the Silverpoint rulings on the “investment packs” which Silverpoint argued made the purchaser an “investor” not a “consumer”, the court has ruled these are indeed timeshares and the law applies. This is also being used in the case of fractional ownership and more recently the Silverpoint Company Participations, the courts have ruled that they are timeshare and that the consumer has the full protection of the timeshare law.

On the point of “investing”, timeshare is not an investment in property, it is a right of use and enjoyment of accommodation for specific periods of time, therefore it should never be marketed or sold as an investment. This is actually borne out by First National Trust in 2012, they are the trustees for the Club la Costa Fractional Owners Club, they informed CLC that fractional should never be marketed as an investment. (See link below).

http://clcmembers.blogspot.com/

Over the years we have seen many timeshare companies change the product, giving it new names, in many cases it has been a blatant attempt to bypass the timeshare laws, but thanks to the courts and especially the Supreme Court, this has been thwarted.

As with any new law, it has taken a long time and many test cases to clarify the interpretation of the law, there is still a long way to go as timeshare companies try to evade the strict laws which now govern the sale of any timeshare product in Spain.

  • Have you purchased a timeshare in Spain or upgraded since 5 January 1999?
  • Is the contract over 50 years in duration?
  • Is it a floating weeks or points system?
  • Have you purchased fractional?
  • Did you purchase the Silverpoint “Investment Weeks”?
  • Are you a participant in the Silverpoint “Company Participation” scheme?
  • Have you paid any money within the cooling off period?

If you can say yes to any of these questions, then you may have the right to have your contract declared null and void, along with the return of at least your purchase price, double whatever paid within the cooling off period.

If you require any information on what your rights are and whether you do have a valid and viable claim, then use our contact page and we will point you in the right direction.

You should also bare in mind that these claims must go through a Spanish court using a genuine Spanish registered lawyer, your contract must also still be running. Once you have cancelled any ownership / membership, then you lose your right to file with the courts.

Remember, before you do anything, do your due diligence and check who you are dealing with, do not take at face value some of the claims many companies will make. If you require any help in determining the validity of any company that contacts you, that you find on the internet or through adverts in magazines or newspapers, then contact Inside Timeshare for the best advice possible.

Stay safe and do your homework.

Friday’s Letter from America

Welcome to another Letter from America, the original article which was going to be published today has been replaced, this is due to the timeshare company reaching out to the members. As always, Inside Timeshare sends a draft copy to the timeshare company for comment, we do not always get a response, but on this occasion the company did respond. It may have been at the eleventh hour, but we congratulate the timeshare company concerned for their reaching out and we hope that they are able to resolve the matter.

As a last minute replacement we publish a revised version of The Peasant of Venice and the Queen of Versailles, by Irene Parker, originally published in November 2016.

This week has been a rather quiet one as far as the courts are concerned, there have been many cases going before the judges, but the sentences are unlikely to be announced until the New Year. Although we did get news of two sentences issued this week.

The first was from the Court of First Instance No4 in Maspalomas, Gran Canaria, the judge in this case declared the contract with Anfi null and void. The reason was the length of the contract which exceeded that allowed by Spanish Timeshare Law 42/98, which states that perpetuity contracts or contracts with no end date and exceed the 50 years maximum are illegal. The client in this case has been refunded over 61,000€ plus legal Interest.

At the High Court No4 in Tenerife, Silverpoint was on the receiving end. The contract was declared null and void as it did not include any tangible product. Again under Law 42/98, a timeshare must include specific information such as a set apartment or an exact time of year. The client in this case has been refunded over 10,000€ plus legal interest.

Once again these cases were brought on behalf of the clients by Canarian Legal Alliance, contrary to what some forums run by some very dubious characters will tell you, these are genuine cases and are a matter of public record.

     

Now for this week’s replacement article.

The Peasant of Venice and the Queen of Versailles Revisited

    Jackie Siegel, Queen of Versailles  

By Irene Parker

December 14, 2018

“The Peasant of Venice and Queen of Versailles” article was first published November 6, 2016. I wrote the article because I wanted to explain how I went from being a 30 plus year timeshare owner without a timeshare complaint, question or post, to a full time volunteer whistleblower.

In July of 2015 I experienced a pathetically aggressive timeshare sales presentation in Florida. We had previously purchased points in Virginia because the company said they were adding New York properties, only to learn it would take about $10,000 in equivalent maintenance fee dollars to stay at the same hotel, same week that could be booked online for $1,000 plus tax. When I checked December 1, 2018, it would have cost $12,000 using our timeshare points. I don’t blame the sales agent. He may not have known about the poor value. It was the response from the company to the Attorney General listing all the times we had used our points prior to that purchase that bothered me. Eventually I was offered our money back for that purchase, but could not bring myself to sign the non-disclosure agreement.       

Rosa Parks said, “I was just trying to get home from work.” In my case, we were trying to get to our new home, moving from Bowling Green, Kentucky to Venice, Florida. It was my intention to return to my first love – teaching piano lessons. That all changed after the revolting timeshare presentation we experienced in Florida.  Disgusted, I returned to our unit, turned on the television and witnessed the jaw dropping house pictured above, being built by Westgate timeshare owners Jackie and David Siegel. I could not resist.

It was a hot July summer day in Orlando when my retirement turned upside down.

We entered the hospitality area where we were invited to attend a 55 minute “information only” presentation for existing owners. “Will we be paired with a commissioned sales agent?” I asked three times. “No”, Julie replied, “Only if you have questions in the last ten minutes. I attended and I learned a lot! We have group presentations now because we had so many complaints about high pressure aggressive sales sessions.” We did not sign the form agreeing to the 55 minute meeting because the fine print said we would be robo-called if we did. We were robo-called anyway. There was no form to be signed for the three hours that followed the 55 minutes.

A Diamond Resorts member recently sent me this comment from a former Diamond concierge describing an unfair and deceptive practice:

Concierge (Former Employee) – Virginia Beach, VA 23451 – December 3, 2018

A typical day of work consisted of misleading current owners and their guests in order to persuade and entice them to attend a timeshare meeting that could last well over what was initially disclosed….The hardest part of this job was knowing I was intentionally misleading owners/guests of the length of time for their timeshare meeting, as well as not disclosing it as a timeshare meeting as instead it was mandatory we refer to it as simply an “update on their current status” or “ways you can stay here and affiliated businesses in the future”. The most enjoyable part of this job was the interaction with varying people and the connections I gained therein.

https://www.indeed.com/cmp/Diamond-Resorts-International/reviews

Our Nightmare on Timeshare Street begins:

The next day we entered the reception area to be greeted by an attractive young lady. “Hello,” Donna greeted us. “Are you a commissioned agent?” I asked.  Puzzled, she took us by the arm and escorted us to the 55 minute presentation, retrieved us immediately after, and led us to her den.

I told Donna, “My husband is 77 years old. We do not want to invest in vacation plans because we need to investigate long term care plans.” “Why, we have many in their 90’s who come and enjoy our resorts!” she cried. “But we are in the middle of building a house and have no permanent residence at this time,” I countered. Kneeling and looking up, she gazed into my eyes and confessed she was a single mother and had to resort to her Diamond points when she divorced. “I know you didn’t put all your money in that house though,” she added. I kept saying over and over, “We don’t want to travel. We like our new house.” Frustrated, the manager ended by advising me to go to the website if I want to find out what’s new. Three hours and three sales agents and managers later, we returned to our unit.

I checked my email and learned the 4,500 points we had been promised for our Port Elsewhere Ozark timeshare deposit was credited only 3,000 points. Sure enough, I learned later the 4,500 points promised could be changed at any time for any reason. It’s all in the fine print.

I then decided to take my mind off this disturbing revelation by watching television. I turned on the FOX news show Property Man show hosted by Las Vegas Attorney Bob Massi, and there she was – The Queen! The King and Queen of Westgate timeshare were building a 90,000 square foot home that defied the imagination. Jackie’s clothes closet is 5,500 square feet!

http://www.realtor.com/news/trends/queen-of-versailles-q-and-a/

Thinking about the pathetically aggressive timeshare sales presentation we were deceived into attending, and the worthless points specifically purchased to stay in New York City, I wrote to Mr. Massi at Property Man never dreaming I would earn a response. Copying the letter to Diamond customer service, they credited the correct amount promised for our Port Elsewhere week.

A few months later a FOX producer called. I was asked if I would be willing to be interviewed by Mr. Massi. The producer told me the Queen of Versailles show wasn’t even about timeshares. It was about their house, but FOX had been flooded with timeshare complaints. She said I was the only viewer they asked to interview because I was the only respondent who said I wanted to talk about the positives in addition to the negatives of timeshare. I told her I was sorry, but I had just accepted a position as interim music director for a large church and could not participate, but I offered to research timeshare to help them with their talking points.

I started digging. The deeper I dug, the more alarmed I became. Wyndham, Westgate, Bluegreen and Diamond seemed to have the most complaints, with Disney, Hilton and Marriott far fewer. I submitted my research to FOX and returned to the choir. Six months later, after arranging a flight to Phoenix to stay at  a Diamond resort in Sedona, I received a call from the FOX producer, asking if we would agree to be interviewed by Mr. Massi in Phoenix as they had interviews scheduled that weekend. Some things are meant to happen.

The FOX producer told me David Cortese of Magical Realty had also been interviewed by Mr. Massi about timeshare resales. David is a member of the Licensed Timeshare Resale Broker Association (LTRBA). After viewing David’s segment, I contacted him to see if he would sell our Diamond points. I was told their company would not accept a listing to sell Diamond points. I surveyed all 64 LTRBA members and 22 responded also saying they felt Diamond points were worthless on the secondary market. “We feel Diamond has placed too many restrictions on the use of secondary points to be of any value to a buyer,” they sadly explained.

One of the LTRBA members asked if I would speak with a Hispanic family. Since this first October 2016 complaint, the calls and emails have not stopped. I have heard from 646 timeshare members.

Timeshare members want straight answers but straight answers are in short supply at some timeshare customer service desks. Callers or emailers explain how a sales agent lied to them, but when they contacted the timeshare company they were told, “You signed a contract.” Some described how the rescission period was dodged. Some things, like over promised availability, can’t be determined by reading the contract. I feel I was deceived by reading the contract which stated, “You can sell your points but we will not assist you.” They left out the part about no buyers.

From the October 2016 article describing what happened to the Hispanic family:

Maintenance fees increased to the point where they could no longer afford to own their points. The family soon found that they had to charge maintenance fees to their credit card in order to pay them. The family had already taken out a $33,000 home equity loan from their credit union to reduce the high loan interest rate, typically 14% to 18%.

In August 2015, when they complained about maintenance fees, they said that a sales agent tried to convince them to purchase another 10,000 points in order to achieve Platinum level. He said that by being Platinum, it would allow the couple to pay their maintenance fees with their points, as only Platinum members are allowed to use their points to pay maintenance fees. Then and now Platinum members can pay maintenance fees at $.04 per point, so if all 50,000 points were tendered, it would pay $2,000 towards a 2018 $8,631 maintenance fee bill.

If the family had agreed to the additional 10,000 points, they would have gone further into debt with little recourse. Based on hundreds of reported responses, if they had purchased the points, they would have been told, “You signed a contract” or “We are not responsible for what our sales agents say.” They have a daughter who just graduated from high school and has started college.

I spoke to the family not long ago. They relinquished their $60,000 worth of points that they had accumulated. They are still paying off the home equity loan.

Contact a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has resale value.

Property Man was preempted due to the 2016 election coverage, so our segment aired April of 2017. The Florida DBPR timeshare division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014, so ignore Pam Bondi.  Bob Massi and his advice on timeshare resales:

https://www.facebook.com/RealBobMassi/videos/1041694629230338/

From FOX I stumbled onto Jim Cramer of Mad Money’s investment news service TheStreet, where remarkable editors, possessing the patience of Job, provided a crash course in editing.

https://www.thestreet.com/author/1684637/irene-parker/all.html

A member who submitted an article to Inside Timeshare introduced me to Whistleblowers of America https://whistleblowersofamerica.org/. Accepting an invitation to attend a Whistleblowers Summit in Washington DC this year, I was introduced to OpEd News:

https://www.opednews.com/articles/Witness-to-Las-Vegas-Octo-by-Irene-Parker-America-181030-359.html

And of course, there’s Charles Thomas at Inside Timeshare in Spain and Wayne Robinson in Malaysia and Wayne’s book.  I was honored to edit and write the Forward. Everything About Timeshare, Before. During and After the Sale

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

So all in all, I’m getting great value from my timeshare points measured in the people I’ve met, readers who read my articles, and the gratitude from members who are grateful for straight answers. We especially appreciate our Facebook administrators and our growing team of members helping other members. I do believe we are a disruptor and hope our efforts will benefit sales agents who sell the product honestly, as well as forestalling new buyers and existing members from making a decision that has financially devastated more than a few families. When sold honestly, timeshare provides years of fun for friends and family.

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

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene for getting this article out to us so quickly, it is difficult to replace an article at such short notice, but at least the timeshare company did respond and for that Inside Timeshare was happy to replace the original one.

That’s it for this week, join us again next week our last one before Christmas.

To all our readers have a great weekend and remember to do your homework before engaging with any company that contacts you or that you have found on the internet.

Friday’s Letter from America

Welcome to our Friday’s Letter from America, this week Wayne Robinson explains why it is often very difficult to cancel after purchasing a timeshare, but first a quick look at Europe.

Earlier this week it came to our attention that one of the largest tour operators TUI had been advertising weeks at Anfi Emerald for 1000€ p.p.p week, this was for a 1 bed deluxe apartment and included flights, transfers and breakfast. Now when we consider that members have paid thousands for their floating weeks along with the annual maintenance fees, yet we constantly hear from them that there is no availability, it makes you wonder what is going on?

This is not just a problem with Anfi, we have heard from many timeshare members that they are constantly having trouble booking, yet they see their own resorts being advertised on the various booking websites. Is it fair that these people pay thousands for what they are told is exclusive to members and find they can in many cases book cheaper than their maintenance fees, without having to pay the initial purchase extortionate price.

In another twist, mindtimeshare which formerly under the now discredited Alberto Garcia, was funded by the RDO (Resorts Development Organisation), has just published what can only be described as a rebuke of their former paymasters.

It revolves around the liquidation of Enduria Travel, also known as the Travel Shop and was based in Gran Canaria, they were also affiliate members of the RDO. In their article, mindtimeshare explained that they actually expressed concerns to the RDO about this company, but the RDO still accepted their membership. All we can say is how things have changed.

Today is what everyone is calling Black Friday, but at the start of the week it was for Anfi BLACK MONDAY!

Canarian Legal Alliance received on that day alone 12, yes 12 sentences against Anfi in favour of their clients, with over 900,000€ awarded, plus all contracts were declared null and void. They also received another sentence from the High Court in Tenerife against Silverpoint. In all this year CLA have secured over 11 million euros in awarded claims.

Now for this weeks article.

5 Strategies Timeshare Resorts Use To Prevent Cancellations

By Wayne Robinson

Black Friday November 23, 2018

Today is Black Friday in America, celebrated by standing in long lines at shopping malls to be followed by Cyber Monday, when stay at home shoppers shop the internet. I hope you will add my book Everything About Timeshares: Before, During and After the Sale onto your Cyber Monday shopping list.

Available through Barnes and Noble:

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Many timeshare buyers do not even think about the contract they signed until after the rescission period has passed. Given that buyers are often not allowed onto the booking site until after the rescission period, the product the consumer bought is for the most part bought sight unseen and untried. Anything we can do shed light on these important rescission days could save the timeshare buyer untold grief and money, should they come to regret their purchase.

The Rescission Period     

The rescission period is the time allotted by local governments for consumers to review their purchase and legally cancel their timeshare. The length of time varies by state, but is typically three to ten days. In Aruba, and in some American states, there is no rescission period.

If the timeshare buyer cancels their purchase during the rescission period, the government requires timeshare companies to give purchasers a full refund of any monies they have received. There is nothing more frustrating for a sales team than to spend 6-8 hours making a sale that later cancels. Sales agents and their managers will do everything they can to prevent new owners from cancelling their timeshare purchase during the rescission period.

Here are 5 strategies that many timeshare resorts use to prevent new timeshare owners from cancelling during the rescission period.

  1.      Sales agents will avoid the rescission clause that is included in the documents.

Although the rescission clause is clearly written in the documents, many timeshare agents or Legal Verification Officers (VLO) will avoid mentioning this very important item. Many reps will discuss other matters to avoid the clause that outlines the rescission.

The resort’s management will not allow sales reps to mention the rescission period during the sale presentation.  Mentioning it could lead to disciplinary action or being fired.

This is how many timeshare sales reps avoid having their sales cancelled.

Most timeshare buyers will not review the paperwork during the rescission period. After a 6-8 hour grueling sales presentation, the last thing the new owner wants to do is review all the legal jargon included in the documents.  If the rescission period is not mentioned by the staff, too often the buyer is not even aware of it. In some states trial products have no rescission period.

Each state rescission period is listed in this chart provided by ARDA, the American Resort Development Association.  There have been more than a few complaints from timeshare members who were denied release, despite being only a half day late. Instructions on how to rescind are buried deep within the contract, and sometimes instructions are vague.

http://arda.org/uploadedFiles/ARDA/Government_Affairs/Government_Affairs_Call_Out_Boxes/RescissionPeriodsDec2012.pdf

  1.      They will follow-up to overcome Buyer’s Remorse
Photo by Samantha Hurley by Burst

It is important for the timeshare sales staff to keep in touch with their new clients shortly after the sale to prevent them from cancelling.  Most clients will have buyer’s remorse and reconsider their purchase after the buyer has taken the time to think about their purchase, research the company that they just spent $21,000 on (on average), to ensure that they did the right thing. For this reason, sales reps need to be available just in case the client wants to cancel. After all, it might have been a very expensive and unexpected purchase that was sold on emotion

According to a Redweek article, Dr. Amy Gregory, assistant professor at the University of Florida has been studying the impact of buyer regret and remorse and rescission decisions. She says that most timeshare buyers regret their decisions.

A whopping 85 percent of all buyers regret their purchase (for money, fear, confusion, intimidation, distrust and other reasons).”

Dr. Gregory’s findings are as follows:

  • The average rescission rate is 15% – essentially identical to the daily average percentage of people who buy a timeshare following a sales presentation.
  • 85% of all buyers regret their purchase, citing reasons including money, fear, confusion, intimidation, and distrust.
  • 41% of buyers never thought they would regret their purchase but ended up doing so; 30% were neutral prior to buying, but came to regret their decision.
  • 95% of all buyers go back to their resort and sales team for more information after the sale, usually within one to three days, seeking more information about maintenance fees, resale options, and pricing alternatives.

Some sales reps will treat their new owners out for a nice dinner to help “bond the relationship.”  This tactic works well as the new owners are getting to know the sales agent on a personal basis rather than as a sales person.  After all, the salesperson used their own money and time to take the new owners out for dinner. Why would they consider canceling with “their new friend?”

  1.      They will follow-up by phone.

If the new timeshare owners are on vacation some resorts will require the sale staff that made the sale to meet with the new clients the next day, or call them within 24 hours. This is to overcome buyer’s remorse, and to answer any questions or provide clarifications.  Often, the new owners forget the verbiage made during the presentation.

  1.      The resort may reduce the sales price.

If the new timeshare owners decide that they want to cancel, the resort can offer to reduce the price. Often this “second round” rendezvous could require another 2-3 hours of negotiations. Many take the bait and purchase at the lower price, or some keep the original agreement.  Unfortunately, the timeshare company may not change the original rescission period, and the new owners now have less time to reconsider their purchase.

Consumers need to be aware that the “today only” price will always be available the next day, week, month or maybe even years later.

  1.      The resort may offer more gifts.

If the resort offered gifts, there are hundreds or thousands of additional monies that was left on the table because the sale did not exceed their “bottom line” price.

If the new owners want to cancel, the management can offer more gifts to “sweeten the deal.”  These free gifts might include free accommodations, free meals, free activities, free or discounted RCI weeks or other options.

New owners must be aware of the new terms that might have entered the contract.  These terms could include paying rack rates for the free accommodations or paying the highest advertised prices for any gifts just in case they decide to cancel the deal. This action could add into the thousands of dollars if they decide to cancel.

Timeshare resorts will use every strategy that they can, including embarrassment and condescendence to keep the sale, but it’s the consumer’s final decision to end the relationship or move forward. Therefore, it is imperative to read all the documents thoroughly before signing, or present it to an attorney during the rescission period.

Wayne C. Robinson is the author of Everything About Timeshares:  Before, During and After The Sale. He is a former timeshare executive who is advocating with consumers to assist them their timeshares problems, and to help consumers better understand the timeshare business from an “insider’s” perspective.

For more information, visit his website at www.everythingabouttimeshares.com

Related article: About Wayne Robinson

http://insidetimeshare.com/fridays-letter-from-america-21/

Self-help groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Wayne for your contribution this week, it is certainly an eye opener.

If you have any questions or comments about this or any other article, then Inside Timeshare would love to hear from you. We hope that you have a great weekend and join us again next week.

News from the Courts

Inside Timeshare has received the following information from Canarian Legal Alliance, going by this news they are certainly having a very busy time.

By the end of last week, 9 November they had 31 pre-trials or full trial in the Spanish Courts, these were on mainland Spain and the Canary Islands. They also filed 44 new cases with the courts, so the judges are going to be busy for a long time yet.

They also last week received sentences in for the following:

  • 4 against Anfi Del Mar at the Courts of First Instance
  • 1 at the High Court, again against Anfi Del Mar
  • 1 against Silverpoint in Tenerife

In total they recouped over 206,000€ for their clients plus all the contracts were declared null and void, leaving the clients timeshare free.

Court of First Instance, Maspalomas

It is also becoming more common for the judges at the courts in Gran Canaria of not sending the the cases to a full trial, but issuing their sentences after the pre-trial. It was also announced that one judge in Tenerife has also followed suit and will not be sending the case for a full trial, but will issue his judgement in due course. This is obviously speeding up the process and is good news for the clients.

This week has also started on a good note with judgements issued on the following dates:

12 November

In the Court of First Instance in Maspalomas there were two against Anfi, again no trial but issued after the preliminary hearings, the first was issued 1 month after and the second was issued in just 7 days. The clients are to receive over 112,000€ and 31,000€ respectively.

In the High Court in Tenerife, Silverpoint were on the receiving end with the order to return over 15,000€ to the client and the contract being declared null and void.

On 13 November, again after a pre-trial the judge ordered the return of over 23,000€ and a German client will receive back over 103,000€, both Anfi contracts have also been declared null and void.

Anfi once again have been on the receiving end of 2 more judgements at the Courts of First Instance in Maspalomas, the infringements of the timeshare laws were perpetuity and floating weeks. The first client has been awarded 0ver 53,000€ plus legal interest. In the second this client has been awarded over 45,000€ which includes double the deposit paid, plus legal fees and interest.

Another timeshare company was also ordered to repay over 36,000€ plus legal interest for a perpetuity contract. This contract with Puerto Calma was also declared null and void.

So there are some very happy ex-timeshare owners, who will be celebrating this week.

Canarian Legal Alliance also announced this week they have broken another record, they have received their 300th sentence against various timeshare companies so far this year, with still just under two months left to go. This is double the number they achieved last year and equates to more than 1 a day. The total amount awarded in these sentences is a staggering 10.8 Million Euros.

This is just for timeshares sold in Spain that have infringed the now strict timeshare laws, for clients of timeshares purchased elsewhere in the world there is another branch to CLA, this company is called CLA International FZE and their head office is located at:

The Fairmont Dubai, Office 508, Sheik Zayed Road, Dubai, U.A.E.

+9714 311-6657

FAX:+971 4332 8810

[email protected]

https://clainternational.ae/

With branches spread around the world and a network of International Lawyers who specialise in timeshare litigation, they are opening the doors to many more timeshare owners who are in need of specialist help. Obviously with the success of the Spanish lawyers it will not be long before we start to see this spread to success in other parts of the world.

Friday’s Letter from America

Today Timeshare Advocacy Group Secret Shopper Coordinator Pete Gibbes describes a remarkable Diamond sales presentation. Inside Timeshare is always ready to publish a good report. Pete has not yet heard back from the sales agents and managers who said they would look into the complaint that prompted Pete to become more involved with advocacy efforts. Inside Timeshare will follow along and report in as soon as Pete hears back.

On 17 October Inside Timeshare published an article warning about another new “fake” law firm in Tenerife called,  ADN Alberto Dlendro Nabalez, Litigacionespaña SL, we have now had another reader send us information on the contact they have had with them. It seems that the Director of their timeshare resort The Harbour Club at Los Gigantes, Tenerife, has been charged with fraud. ADN have told our reader that many owners are getting together to cancel their membership, ADN would do this for them for 20% when the claim goes through.

Our reader then received another call informing them that a date has been set for a hearing on 20 November at 12.20pm. All they need to do is pay the “fake procurator” as soon as possible and they would be part of the case. This is very speedy indeed, but as we have said before this is all a FRAUD, there is no case, the director has not been charged with fraud and no trial date has been set. If you have had a similar call to this regardless of who you own with, then contact Inside Timeshare, your information is invaluable in helping others steer clear of this outfit.

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

It has been a very busy week for the courts all over Spain, on Wednesday 7 November there were 15 cases being heard in various courts against a variety of timeshare companies and resorts.

In Tenerife another High Court has affirmed a First Court sentence and declared a Silverpoint contract null and void, with the return of their initial payments and double the deposit paid.

Continuing with Anfi, after yesterday’s article, it was announce that a further two sentences have been received from the Court of First Instance No 1 in Maspalomas, both contracts have been declared null and void with the return to both the clients of over 43,933€ and 47,582€ respectively.

Court Sentences PDF’s

Anfi Sentence a

Anfi Sentence b

Now for this weeks Letter from America.

Our Diamond Resorts Experience

A Not So Secret Shopper Reports

By Pete Gibbes, Timeshare Advocacy Group™ Secret Shopper Coordinator

November 9, 2018

We stayed at Diamond’s Los Abrigados Resort in Sedona Arizona October of this year. I was treated like royalty during a member update and sales presentation, neither of which would have lasted 15 minutes unless I had more concerns. Our sales promotion presenter, who said he had been with Diamond Resorts for 27 years, said that if we would like to buy more points we could talk about it. If not, was there anything else we wanted to ask? I asked if I was in an alternate universe.

They maintained that the company no longer employs hard sell because they found it to be counterproductive.

The internet is flooded with complaints that begin with, “The sales agent said….” only to be dismissed with, “You signed a contract” or, as we were told in 2016, “We are not responsible for what our sales agents say.” In my opinion, any company which does not take responsibility for their salesperson’s words and actions is implicitly incentivizing them to misrepresent the product in order to elicit a sale. When the sales agent is allowed to keep his or her commission, time after time, undisciplined or not terminated, that company is rewarding unfair and deceptive business practices.

To avoid being fleeced, I advise – don’t believe a word a timeshare sales agent says. “You signed a contract” is a fair response for simple buyer’s remorse.  If companies refuse to reverse transactions when allegations of misrepresentations are detailed and credible, sales will ultimately be affected.

I hope our experience at Los Abrigados is representative of future updates to come.   We received “Priority Check-in”, i.e., whisked to their VIP accelerated check-in which, according to the Diamond Resort’s website, is reserved for ‘Gold‘ and ‘Platinum’ loyalty owners, but I’m just a ‘lil old Silver member’.

During the update I was asked to document my previous purchase elicited, I believe, by deception. They actually wanted me to put it all down in writing because they wanted to directly bring my case to Diamond. They said to specifically use the word ‘misrepresentation’, because that has been the term which phony sales presentations have been scrutinized over. They also said to be sure to put that I was pursuing legal remedies, because Diamond took that seriously.

Two or three higher level people at the update were shocked and dismayed about how we had been treated in 2016. A senior manager appeared and commiserated with us. He sweetened the vouchers. They maintained that several years ago the abusive sales practices were addressed and things changed for the better. They were glad that I had let them know how I had been so shabbily treated before. They wanted to go to bat for me. (My account of what happened in 2016 follows this Secret Shopper report.)

At the sales presentation we were told that we could use our Diamond points to pay for nights at ANY 3 star rated hotel. I’d be reimbursed for 300 (or 400?) points per night. Now that’s not a bad deal, at least for many Diamond stays. At 400 points per night for 7 nights you’d be paying 2800 points for a very nice lodging, and it would be wherever you wanted to go, whether there was a Diamond resort available or not. I had not heard of such a benefit. This time around I will confirm if this is true. I have this sales agent’s contact information. He said to call him anytime about anything.

Also, there are supposed to be now 39 different ways for you to spend points, although he said points for flight miles wasn’t a very good use of points at $.07 to $.10 per point. It would take about $2,000 in maintenance dollars to book one domestic airline ticket. Typically, the best of use of points for any timeshare member is to use the points to stay at the resort’s properties. There are 39 different ways to use points? That may be a whopper.

I would like for someone familiar with alternative uses of points to refer me to where all these uses are detailed so we can calculate the actual value. I don’t see them listed on the Diamond website. Members need to do their timeshare math, as using the Barclaycard to pay maintenance fees is only at 1% per purchase, so it would take $200,000 charged in a year to pay a $2,000 maintenance fee bill. When members are told, “You can pay maintenance fees by charging purchases to a Barclaycard”, do the math to determine the actual value of this strategy.  

We were given all kinds of extra vouchers and discounts to attractions because I had had such a poor experience with the company. The concierge seemed amazed at the generosity of our discount/voucher amounts. He said he had never seen anything like it. Thought somebody must have made a mistake. This may have been a bit of luck, but our unit had what surely must have been the best view of the red rocks as anyone there.

The entire experience was far friendlier than I have ever experienced at a Diamond Resorts property. It was bizarre. Could they have been apprised that I am TAG’s Secret Shopper Coordinator? Or does Los Abrigados just happen to be a resort where members are treated particularly well? If my dispute over our 2016 purchase gets resolved, I will credit the sales team at Los Abrigados. I certainly would praise this particular resort, if my experience is typical, which I don’t know. I thought you would find my experience of interest. Maybe someone can even explain it to me.

All in all, I felt like Donald Trump must feel like when he stays at one of his properties. I do have to say that if the people I dealt with were ‘acting‘, they should be up for some awards, because even my highly tuned BS detector never flashed any warnings. Unfortunately it never did two years ago either. Proof is in the pudding, as they say.

It may be advisable to make all the people on our advocacy site Co-coordinator Secret Shoppers.

Here’s what happened to us at a Hyatt presentation in Charlottesville 11/18/2016.

My goal here goes well beyond getting this transaction reversed. I am hoping all those who feel that they experienced unfair and deceptive sales practices will come forward and file regulatory complaints and warn prospective buyers to be EXTREMELY skeptical of anything a timeshare sales agent says. This is not fair to those selling the product honestly, but the liars are so good, it is impossible to tell the difference.

We originally purchased 11,500 points in 2007 at Lake Tahoe Vacation Resort. We were not unhappy with Diamond until the 2016 Virginia purchase.

We learned about six months after our purchase that a Diamond “buy-back” program described in great detail by our sales agent does not exist. The buy-back program was the only reason we purchased the additional 4000 points for $15,500.

We attended the member update only because we wanted to get out from under the Diamond points we had already purchased. It was then DRI sales agent Mark W offered us a “great new deal” whereby DRI members who bought enough points to become Silver loyalty members could sell back ALL Diamond points.

After multiple “no” responses to other reasons to buy additional points, Mark W brought up the non-existent program that was of great interest to us. He said that if we became Silver members, after three years, we would have the option to sell all our points back to Diamond for $108,000. He said Gold loyalty members would be able to sell points back in two years. He put this in writing (which I have), by writing down $108,000. He also wrote 2Y=G and 3Y=S.

I was extremely skeptical because I had never heard of a timeshare buying back points. However, after he repeated this ‘new deal’ about five times, we finally decided he must be telling the truth. We signed.

When we ultimately learned there was no buy-back program we repeatedly asked Diamond to cancel the contract. Diamond’s response inevitably was, “It doesn’t matter what the salesman said,” or even wrote down apparently. They said that we had signed the contract.

My oral and written requests to get our contract cancelled began around June 2017. When you buy additional points, obviously you are not thinking about selling. It is only until you inquire about selling you learn you were duped.

I am encouraged by the Sedona Diamond representatives and their willingness to look into our complaint. There is a lot more detail to our complaint, but no sense rehashing it here since the entire experience is well documented. I look forward to hearing what my new friends at Los Abrigados find out.   

Advocacy Facebook offer support groups for those who have had bad timeshare experiences like ours. Our Facebook has over 2,000 members.

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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


Contact us at Inside Timeshare or one of our Advocacy Groups if you or someone you know needs timeshare help.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

So that is all for this week, join us again next week for more news and views on the world of timeshare, have a great weekend.

Start the Week

Welcome to the start of another week with Inside Timeshare, we start this week with a press release from Canarian Legal Alliance and their ongoing court cases against the timeshare industry on behalf of their clients, along with news released late on Friday.

The Spanish Courts around the country are going to be very busy this week, in total CLA have 31 cases appearing before the courts, these are a mixture of pre-trial and full trial cases, that is an average of 6 trials per day. It now remains to be seen how many of these pre-trial judges will follow other courts and decide to issue judgements rather than send them for the full trial. If so this will certainly speed up the legal process.

On Friday, the news came in from the courts that Anfi had lost another 4 cases, 3 at the Courts of First Instance and 1 at the High Court. All contracts have been declared null and void. In total Anfi have been ordered to pay out over 100,000€.

In Tenerife, Silverpoint have also been on the receiving end of a High Court judgement, in this case, High Court Number 3 has reaffirmed the sentence of the Court of First Instance, after Silverpoint appealed. The judgement is that Silverpoint must pay out over 24,000€ plus legal interest along with the contract being declared null and void.

It was also announced that in the long running and ground breaking case at the Supreme Court, of Mrs Shirley Wilson versus Silverpoint, she finally has received her award into her bank account. You will remember from previous articles, her case was the first at Spain’s Highest Court against Silverpoint, it took many years of appeals and counter appeals to get this case heard. 

Making up the News?

Eventually the Supreme Court declared her contract with Silverpoint null and void on the basis she was a consumer and her contract did not meet the requirement of Spanish Timeshare Law 42/98. This long running case was due to Silverpoint insisting that she had not purchased timeshare, but had “invested” in apartments and weeks for resale. This is the basis for many of the cases against Silverpoint, many hundreds of clients were duped into purchasing several weeks and apartments, which would then be placed on the “resale program”.

As we know these “resales” never happened, the clients were told that what they had purchased was not selling, but to secure and save their “investment” they would need to upgrade to better quality apartments and weeks. This scheme went on for years, with many losing tens of thousands of pounds each. The vast majority of these clients were also given Barclay Partner Finance loans to pay for the purchases, all arranged by Silverpoint in conjunction with BPF, no doubt receiving huge commissions for the loan agreements.

Today we are seeing a similar scheme which is trying to circumvent the law, they call it Company Participations, in essence the purchaser buys “participations in a “company” which is actually an apartment registered as such. Again there is the promise of profits to be made. But having seen the contracts, they are stacked against the purchaser and in favour of Silverpoint.

Silverpoint: The Story Moves On

If you require any information on this ar any other timeshare matter, or just need to know if any company is genuine, then contact Inside Timeshare using our contact page.

Tomorrow in the Tuesday Slot, we will be publishing the article entitled “The Federal Trade Commission’s How to File a Complaint Form”, by our very own Irene Parker.

Friday’s Letter from America

Welcome to this weeks Letter from America, today’s article is all about heirs inheriting your timeshare, with the introduction by Inside Timeshare’s very own Irene Parker, with contributions from Tom Tubbs of Island Consulting Realty and Mike Finn of Finn Law Group. This article will not only be of interest to our American readers but also to our European contingent.

But first Europe, news came in late yesterday of another High Court ruling from Tenerife against Silverpoint. Following a ruling against them at The Court of First Instance, Silverpoint appealed to the High Court. This court reaffirmed the previous courts verdict, consequently the original verdict has been upheld. The clients contract has been declared null and void due to lack of tangibility (a previous judge described it as “a bag full of smoke”), the client has been awarded over 24,000€ plus legal interest.

Again this is a case brought on behalf the client by Canarian Legal Alliance, these lawyers are just going from strength to strength.

After the article published yesterday about the “FAKE” law firm in Tenerife using the name of Mindtimeshare, another reader has sent in the following information on Abogados Litigación España  and JDD Juan Drimals Deolaro, which we highlighted on 22 October.

It is another “FAKE” compensation claim against Diamond, Grand Vacation Club and Sunterra, the Procurator fee was to be paid to one Ramon Juanca Comez in Tenerife who is also a “fake”. They also confirmed that a successful claim had been awarded amounting to 18,348€ plus 703€, obviously a “tax” of 20% would need to be paid before the court would release the money. Below are the bank details for the client to pay the procurator:

The Beneficiary  Ramon Juanca Comez

Address  C/Tortieras , Edif . Juntas , 323 Santa Cruz  38004 Tenerife 

A/C  IBAN … ES16 2038 9043 6060 0046 1027

BIC …..CAHMESMMXXX

Bank Address Avda.Santa Cruz 188 38600 Granadilla de Abona Tenerife

Now the address above is incorrect as this IBAN Number is the following bank in Valencia:

IBAN: ES1620389043606000461027  

BIC: CAHMESMM

Bank: BANKIA, S.A.

PINTOR SOROLLA 8
46002 VALENCIA

Branch number: 9043

SEPA Credit Transfer is supported.

SEPA Direct Debit is supported.

B2B is supported.

SEPA Instant Credit Transfer is supported.

 

Now on with today’s Letter from America.

Are Timeshare Developers the Pot Calling the Kettle Black?

The Heir Scare – The Same Scare Provided by a Timeshare Sales Agent and a Timeshare Exit Company Sales Agent!

A Second Warning We Wish We Did Not Have To Give

By Tom Tubbs of Island Consulting Realty

Following Phyllis and Marcy’s report

Introduction by Irene Parker

October 26, 2018

If Tom Tubbs Island Consulting Realty’s second warning wasn’t so sad it would be amusing. The most common complaint Timeshare Advocacy Group™ receives is:

“The sales agent said we had to give up our deeded week and buy points.”

The member, especially if a senior, is browbeat, told they have to give up their timeshare deed or they will be the last man standing, left holding the maintenance fee bag. Often the mostly bogus reason provided is that your heirs will be responsible for a deeded timeshare but not for non-deeded timeshare points.

The deed is usually paid in full, so by buy buying points via a loan, or charged to a credit card, the sales agent has created a liability when none existed. I’m not an estate planning lawyer, but I found this RedWeek post from a practicing estates lawyer:

To all those inquiring about your heirs being saddled with this albatross: I have been a practicing estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents.

stevenw on May 02, 2017 06:01 PM.

This is a complaint I read perpetrated by a timeshare sales agent falsely telling a deeded owner that she had to give up her deed or her heirs would suffer. Inside Timeshare previously published this account by Phyllis, age 67. She ended up representing herself in court and negotiated a lesser amount with the credit card company arbitrator. Following this scare offered by a timeshare sales agent, is the identical scare offered by a timeshare exit company sales agent.

What a timeshare sales agent told Phyllis (Unedited)

I feel I am a victim of fraud. I was asked to attend a breakfast to talk about upgrades on a timeshare I own. I was told it would last only 55 minutes. 4 highly pressured sales people took turns on me and held me for 7 hours, bouncing me into 3 different rooms. I told them I didn’t want it and that I already owned the timeshare over and over again. They said I have to buy into the new and I own my timeshare for ever, and that I could never get out of it. They said my Monarch timeshare went bankrupt and I had to invest with them or they would go after my children for payment. I had a panic stress disorder attack. I was tired and hungry.  I was tired. In order to get out of there I signed under dearest. I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. I received a letter stating the timeshare went into foreclosure. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please email me on what I can so as soon as possible. Thank You.

A pitch from U.S. Consumer Attorneys that Marcy submitted to Inside Timeshare which we previously published. Marcy called me the same day Phyllis did; both said they were having a panic attack over the result of their timeshare debacle. The timeshare exit company US Consumer Attorneys threatened Marcy as follows:

Louis S called me and said he was with US Consumer Attorneys Group and that he was calling about my timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the contract.  He said he is an attorney with US Consumer Attorneys Group. He said Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages.  He said Diamond would also take my Social Security payments and my retirement.

I have not paid my Diamond maintenance fees for about three years. I wanted to deed it back to Diamond but they would not take it back when I was not behind on maintenance fees. I tried to sell it but no one wanted it.

Given the fact that many exit scam artists are former timeshare sales agents, it’s no surprise they will take the deception with them when they leave their timeshare sales job and make the move to an exit scam. Not all exit companies are scams, but this Federal Trade Commission link listing scams cannot be posted to often:

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

Thank you once again Tom Tubbs for this important year end warning.

From Tom Tubbs at Island Consulting Realty:

A Second Warning We Wish We Did Not Have To Give

Hi Folks. So last week we warned you about “Exit” companies and this week we’re giving you a little bit of a different take on them. Why? We don’t want to beat a dead horse but it’s important that you do not fall victim to this. This time of year is when these companies get more aggressive in that they know your maintenance fee will be due soon and it’s a prime opportunity for them to pick your pocket. But first….Just what is an “Exit” company?

Well, these are the folks who “create” a problem that does not exist. This is a very common sales tactic with just about anything out there for sale or service. With timeshares, these companies create the VERY false impression that your timeshare is actually a burden instead of an asset. They give you the VERY false impression that you can’t sell it (although that’s what we’ve been doing for folks for the past 33 years….) and that when you die your kids will then be strapped with it (also false). Then they have a solution! (Of course!). Give them $3500 plus the deed to your timeshare and they’ll get you out of it. What great guys!

So in a nutshell what you have here is a company creating a problem for you that minutes earlier you did not know you had, and then solving that problem for you by you giving away your timeshare and your money! Problem is, for many of these companies it’s all one big fat lie; as the following story will tell….

Orlando woman says timeshare exit plan was all a lie

American Consumer LLC charged thousands then filed

Chapter 11 bankruptcy

ORLANDO, Fla. – Lisa Eller, a timeshare resort customer for 18 years, is convinced American Consumer LLC never intended to negotiate an exit from her resort contract despite promises from then Chief Operations Officer Cory “Hubb” Hubbell, that he could get it done.

    “He’s a smooth salesman; he seemed like he knew what he was doing,” Eller said. “He said, ‘It takes us about 12 months to work the program.'”

 Eller and her husband agreed to pay $2,350 for the program but just this week discovered no one from the company, aka A Consumer LLC, ever contacted her resort.

“They present themselves as people who have contacts at these resorts,” Eller said. “Our contract was paid in full; we were just paying maintenance.”

The last time Hubbell spoke to Eller was in March, according to Hubbell’s Facebook account, he left the company in May. Eller’s attorney, Jennifer Beaman Clark, told News 6 that when she advised the resort representative that her clients had been trying to resolve this for a year she was told, “It was the first time they had been contacted about the account.”

 According to records obtained by News 6, American filed Chapter 11 bankruptcy on Sept. 9. The registered agent, Brevard County Attorney Michael Sarocco, said he would try to help consumers who wanted to get their money back but that he had no official ties to the company. In an email to News 6, Sarocco wrote, “I no longer represent the company and do not have authorization to make any statements on their behalf.”

A review of state records shows Saracco was the registered agent for American Consumer Credit LLC along with another 12 companies all linked to the same manager: Dana Micallef. Micallef started the company in 2011 and, according to state records, lives in Daytona Beach. Still, it appears he has been calling customers from a New York area code.

Rebekah Nelson hired the company last September and agreed to pay $2,800 to get a release from a timeshare in Vista, California. Nelson told News 6 a man she believes to be Micallef, asked her to wire $700 to continue the contract. “They block the consumer from talking to the timeshare so you don’t know (American) is not doing their job,” she said.

Nelson is convinced there are dozens of victims who fell for the same scheme.

News 6 found a website that explained how the company claimed to complete the exit:

“When you enter into the contract termination process with Aconsumercredit™, we start to permanently remove your timeshare contract burden. No more fees. No more payments.” Nelson said she was told to stop paying her timeshare fees and that is when her credit was ruined.

If you believe you are a victim of this company, contact Mike Holfeld at [email protected]

For more information, contact attorney Saracco: [email protected]

See you next week!

Tom Tubbs, Broker, R.N.G.

Island Consulting Realty

800-809-6020 or 941-922-3808  www.TimeSharesToGo.com

Senior Licensed Real Estate Specialist

Co-Founder: Licensed Timeshare Resale Brokers Association

Board Member: Florida Timeshare Owners Group

Doctor of Funology

Related articles:

By Mike Finn of Finn Law Group:

How Can I Eliminate my Timeshare Liability for my Heirs?

https://www.finnlawgroup.com/eliminate-timeshare-liability-for-heirs/

Timeshare self-help groups:

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you to Irene, Tom and Mike for your contribution this weeks, we are sure this will be of great interest to all timeshare owners on both side of the “Great Lake”.

If you have any questions or comments on any article published, please use our contact page and get in touch, we welcome your input. If you need to find out about any company that has contacted you or you have found on the internet then get in touch and we will help you find out if they are genuine and trustworthy.

Friday is upon us and the weekend beckons, we hope that you all have a great one and just relax, join us again next week for more on the murky world that is timeshare.

Friday’s Letter from America

Welcome to this week’s Letter from America, it is yet another “Nightmare on Timeshare Street” by Irene Parker involving yet another Veteran, this story is on that will make your blood boil! But first for some news from the Spanish Courts and more disasters for the timeshare industry.

Anfi were yet again on the receiving end on the 18 September, They had to deposit into the court the sums of 48,735.82€ and 16,222.68€ in respect of sentences issued in the favour of clients. In two days that brings the sum Anfi have had to payout to a massive 184,650.14€.

On the same day, the Courts of First Instance in Masàlomas issued another sentence against Anfi, at the same time in Tenerife, Silverpoint had two sentences issued against them. In all the total awarded is a massive 215,000€. All contracts were declared null and void and all clients received back double the deposit paid which was in breach of the law forbidding the taking of payments within the cooling off period. One of the sentences against Silverpoint was issued by the High Court in Tenerife.

In another case which was held last week, the Judge at the Court of First Instance number 5 in Arona, decided that the case would not be sent for a full trial, he decided that as the case was in flagrant breach of the timeshare laws, he would issued the sentence in due course. On 19 September that sentence was issued, the contract with Silverpoint was declared null and void, with the client being awarded more than 23,000€.

Good news also came from the Courts of First Instance in Maspalomas, The judge presiding over Court Number 3 had several pre-trials this month, he then decided that these cases need not go to a full trial and he would issue sentences in due course. That now make Courts numbers 1, 3 and 4 no longer sending cases for a full trial, this is obviously good news for the clients bringing the cases as it now speeds up the judicial process.

All these cases were brought on behalf of clients from none other than those determined lawyers at Canarian Legal Alliance, so congratulations the lawyers and their clients.

One of our readers contacted Inside Timeshare to inform us that an ex sales Rep from Silverpoint had cold called them regarding getting them out of their Silverpoint contract with a view to gaining compensation. How did our reader know he was an ex-sales rep, simple, he was one of those that sold them the Silverpoint in the first place! The Caller stated he was from Harlow Consultants SL, so another new company has appeared.

Now for our Letter from America.

A Fourth Vietnam Veteran, Agent Orange Disabled, Fights a Timeshare Battle

By Irene Parker

First Draft September 16, 2018 for Friday September 21

Inside Timeshare has heard from 587 U.S. timeshare members, all but a handful alleging unfair and deceptive trade practices. Of the 587, 78 are veterans, active duty military and law enforcement. Many of the vets are disabled. Four, like Mr. Gomez, are disabled from Agent Orange. The volume of timeshare complaints submitted by readers has established the following facts and opinions:

  • Fact – Many of the 584 families are financially devastated by their decision to buy a timeshare. I have listened to many tears.
  • Fact – All but a few complaints have been dismissed with, “You signed a contract” or “Verbal representations are hard to prove.”
  • Fact – All the complaints sent to the Nevada Real Estate Division and the Florida Timeshare Division, DBPR, have been met with the above defenses.  Other states have taken complaints seriously, based on the volume of complaints and the similar nature of the complaints.
  • Fact – There are several repeat offending sales agents, with three to six identical or similar complaints.     
  • Fact – Not one of the 584 families knew their timeshare had virtually no secondary market.
  • Fact – A significant number have been ripped off by a timeshare exit company.
  • Opinion – Lawyers with no timeshare experience have no business taking a timeshare case.
  • Fact – The dollar amounts of many complaints lost to timeshare exit scams pales in comparison to the dollar amounts lost believing timeshare sales agents, according to member reports.

One resort has accused me of creating complaints. In other words, if the member had not talked to me, they would not have had a complaint. In the case of Mr. and Mrs. Gomez, this is true. I’ll explain. We will not name the timeshare company, hoping they will help the family, but the Gomez family said they would like their story told. Mr. Gomez is 71, Mrs. Gomez 63. They are Arizona residents.

Like George Yamada, from last week’s article, Mr. Gomez is a Vietnam Veteran, disabled from the effects of Agent Orange.

https://www.opednews.com/articles/Let-s-Honor-our-Veterans–by-Irene-Parker-Fraud-180908-59.html

Mr. Gomez is 100% disabled. Mr. Gomez earned two Purple Hearts. He has been informed his pancreatic cancer is terminal.   

   Vietnam soldiers

Mr. Gomez called a week ago and said he was struggling with a $28,000 timeshare mortgage. After listening to his comments, I concluded there had been no deception. A timeshare mortgage is just like a home mortgage in that you can’t go to your home mortgage lender and say, “I can’t afford this.” Mr. Gomez said he had switched some old points into a newer category of points. At the end of our conversation Mr. Gomez mentioned his Stage 4 pancreatic cancer. I advised him to request a release based on medical hardship.

That night I woke up with one of those lightning bolt 2 A.M. moments. I called Mr. Gomez first thing the next morning and asked WHY had he switched from the old points to the new? He said it was because his resort had gone bankrupt.

I know for a fact that it is not mandatory to switch from his old points to the new. Mr. Gomez went on to tell me the sales agent in Las Vegas knew he had pancreatic cancer because he had explained to the agent why the four hour presentation was so tiring. He was suffering the aftereffects of his treatment. “They said our maintenance fees were $2,200 for 2018 and would go up to $3,000 January 1, 2019 if I did not convert, but if I upgraded to the next loyalty level I could turn in 10,000 points to pay $2,000 of the $2,500 maintenance fee,” he added. This is nonsense of course.  Mr. Gomez’s maintenance fees will go up more than $2,500 because of the additional points he purchased. Maintenance fee invoices have not been sent, but I seriously doubt the increase in his prior points will increase this dramatically. I own the same points.

So yes, you could say I created this complaint. Without my informing Mr. Gomez it was not necessary to switch from one set of points to the new, he would not have been aware of the deception. Only at the highest loyalty level can maintenance fees be paid with points (at pennies on the dollar).    

Whether this complaint is resolved or not resolved, it doesn’t change the turmoil this timeshare has caused the Gomez family by believing they had to transfer from one program to another. Mr. Gomez has been accepted for Hospice.

Mrs. Gomez called me. I had already surmised Mr. Gomez is an easy going person. His reaction seemed more disappointment than anger when I told him he could have kept his prior timeshare with the $6,000 loan balance, as opposed to the $33,000 purchase with $28,000 financed and $4,500 charged to a credit card. Mrs. Gomez reaffirmed my suspicion of Mr. Gomez’s easygoing nature saying,

Leo is a very easygoing person. But I’m a teacher!” A common complaint we hear, “I don’t like being made a fool of.

We encourage member accounts of their timeshare experiences, good or bad. We hope consumers and the industry will listen to the voices of those who wish to be heard.

So there we have it, another “Nightmare on Timeshare Street”, this is probably one of the worst that we have yet come across, it makes you wonder if these sales agents and company directors have any moral bone in their bodies.

Stop press

Inside Timeshare received the following email from Wayne C Robinson, Author of Everything About Timeshares, Before, During and After the Sale. We asked him if we could publish and he was more than happy for us to do so, please share this on you facebook pages and other social media.

Timeshare Author Challenges Diamond Resorts CEO Flaskey to “Do The Right Thing.”

I am not sure how to react when Mike Flaskey, CEO of Diamond Resorts International, views my profile on LinkedIn.

But, whatever his reason, I would like to share a few words with him, now that I have his executive attention.

My purpose in writing the book is not to attack companies such as Diamond to gain something in my own corner. I am merely pointing out areas that I feel require your attention to improve on customer relations.

These areas have certainly been highlighted with the multi billion dollar lawsuits against Diamond Resorts, and the level of customer dissatisfaction from the people who befriended and trusted your OPCs, sales reps, and VLOs. Remember, your members are the people who provided you the privilege of representing a company that has so much potential.

Rather than spend millions of dollars hiring fancy lawyers to help improve on customer service, you hire them in an attempt to destroy a woman in her 70s who is spending the remainder of her life helping families get their lives back on track for the damage your company has allegedly caused.

Were you aware of 83 year old retired Marine Raymond Mori, a two time Purple Heart recipient who has been battling with Diamond Resorts with a serious heart condition?

Were you aware of Roy and Angele Simmons, a U.S. Navy veteran whose mortgage to your company is $2,700 monthly with Maintenance fees of $4,780, and their social security check goes to pay Diamond? Just in case you didn’t see it, here is their story. https://youtu.be/j_nca6lMA4U

Shame on you, Flaskey for focusing on how to keep afloat your ship while the likes of Marriott and Disney and other reputable resort chains are watching you.

I am asking you to “man up,” and be the leader that your company and the general public can respect and appreciate by “doing the right thing.”

Spend your money and time trying to improve your customer relations and presenting your company as something Americans can be proud of, or find somebody else who can do the job.

As far as viewing my profile, I appreciate your interest in me and my book project. I also viewed yours. Congratulations on getting the position. Now that the world is watching, what are you going to do with it?

Well that’s it for this week, remember if you have any questions or comments about any article, company or just need some sound advice, then use our contact page and we will get back to you.

Have a great weekend.