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High Court

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, we decided to run with this particular article following the news from Europe on Monday that Diamond was closing its sales offices in Europe. Obviously this will have a great impact on the many employees, who are now out of work and will need to find jobs in an ever decreasing sales industry.

As usual before we go on with our article, this week has not been a very good one for Silverpoint in Tenerife, with another loss at the High Court and also at the Supreme Court.

The judge at the High Court Number 2, found serious breaches of the timeshare laws, declaring the client’s contract null and void and ordering the return of over £49,000 plus legal interest.

At the Supreme Court in Madrid, the judges upheld previous rulings and declared another Silverpoint contract null and void. This particular client will now receive over 28,000€ plus all legal fees and legal interest. Another happy ex Silverpoint owner.

As usual these were clients of the Arguineguin law firm Canarian Legal Alliance. So this does go to show that in spite of what many timeshare companies are claiming, such as the article published on Wednesday about Anfi attacking CLA, this law firm is doing what it says.

CLA Logo

Now on with Friday’s Letter.

Inside Timeshare leapt at the chance to publish details of CLARITY, Diamond Resort’s program to promote accountability, transparency and respect for the Customer. The program was introduced after Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance accusing the company of violating Arizona’s Consumer Fraud Act. The Arizona Attorney General received hundreds of Diamond complaints. One source informed us the office received 400 complaints leading up to the investigation and 500 more complaints after the press release.

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

Diamond Resorts also provided a Diamond Resorts Consumer Advocacy Department to assist members from day one if they have concerns about their timeshare.

Inside Timeshare continues to receive complaints from members almost daily, with common complaints:

Purchase more points as that will be the only way to sell points. (Diamond’s secondary market restrictions make Diamond points almost impossible to sell.)

Purchase more points because that will provide you with the ability to pay maintenance fees by tendering excess points at 30 cents per point. (No such program exists as this is an adulteration of a 30/30 program designed for other purposes.)

Agents working for the same company selling against each other from the Hawaii Collection to the US Collections telling the member they made a mistake purchasing the collection they purchased, depending on which side of the Pacific the member is on.

Inside Timeshare has forwarded members complaints to Diamond’s PR firm and to ARDA. Both have ignored the complaints, but it is unlikely ARDA will enforce their Code of Ethics against a corporate member that gives ARDA a million dollars a year from Diamond members who unwittingly are billed $7 as an “opt-out” voluntary donation on their maintenance fee invoice. It is doubtful the average timeshare members understands even what the initials ARDA ROC stand for.

After reading complaint after complaint from our Nightmare on Timeshare series, I am certain our EU Diamond agents did not stoop to such tactics. Did this contribute to sales targets not being met?  Inside Timeshare has received 187 reader complaints, of which 178 are from Diamond Resort members.

Diamond Resorts Consumer Advocacy never returned Marsha’s call. One of Diamond’s Advocacy “hospitality” agents left one message but never returned her calls. CEO Michael Flaskey ignored Marsha Young.

A representative from Barclay’s Bank did contact Marsha Young. Although they cannot help, as Barclays does not physically open credit card applications, Marsha appreciated the respect she was given by at least being acknowledged.

You be the judge of Marsha’s story.

How Buying a Timeshare can be Financially Devastating

Luke

Introduction by Irene Parker

Since our first Inside Timeshare US member story was published October 2016, we have received 186 member complaints, of which 171 allege they were sold by deceit and bait and switch, meeting the FBI definition of White Collar Crime. Of the 186 complaints, 177 are from Diamond Resorts members. We don’t dispute there are many timeshare members who use and enjoy their timeshare points, but many have not yet been made aware of the lack of or limited secondary market. The majority of complaints allege they were told to buy more points because only at the next loyalty level could they sell points or be able to offset maintenance fees. Neither program exists. These members are stuck with a product they paid thousands of dollars for, felt were sold by deceit, incur maintenance fees and can’t sell. Their network of friends and family want nothing to do with timeshare. Sales centers should take note as Social Media no longer keeps members silenced and isolated. Diamond Resorts did not respond to our request for comment.

November 10

By Marsha Young

The vacation memories my husband and I shared together at Embassy Suites and Sunterra in Hawaii on the island of Maui are my most treasured, but our memories so precious have been destroyed. Maybe not the memories, but the timeshare we knew and loved has turned into a financial trap.

My husband passed away in 2011. I still travel some with friends and family and I enjoyed the flexibility of the point program until I succumbed to high pressure sales. In the past, when explaining the struggles of raising a family, or other reasons why we could not upgrade, agents would not push us when my husband and I said no, so I was not prepared for what happened. In an effort to warn others to seek counsel before you sign a perpetual contract after a six hour sales session, with rising maintenance fees, and no secondary market, I share my story.  

My problems began at the Diamond Resorts sales center at Williamsburg Virginia May 2017. I told the hospitality agent about how I had been deceived previously by a Hawaii sales agent. She told me she understood and explained that is why sales were stopped at the Williamsburg center for a while until a new program called CLARITY was put in place. My Williamsburg sales agents were Richard Rodgers and Mark Schilling. I told them I did not want to spend any more money as the maintenance fees were going up so much for the Hawaii Collection. They told me I should transfer my Hawaii points to the US Collection because maintenance fees would be less. The cost was never discussed. I thought there would be no charge. I saved the paper they used showing points transferring over to the US Collection. They also encouraged me to open a Barclay credit card because it accumulated points rather than miles, but neglected to tell me the card would be charged $7,100 for a down payment. I had sent an email to both Richard and Mark telling them I did not want to spend more money. The sales presentation lasted six hours. I was exhausted. When I got home and went to my DRI account. I was shocked at the new $34,000 mortgage. The maintenance fees did not go down.

I did not know where to turn so I called a friend who is an investment advisor. He called Mark Schilling. Mr. Schilling’s response was, “She signed the contract. The QA session was videoed.” Recorded QA Sessions are part of the new CLARITY program. The sales presentation is what needs to be taped because that is when sales agents make promises not kept.

Richard Rodgers told me $400 a month would be the maintenance fee but it is the mortgage payment, so I owe maintenance fees on top of the mortgage payment. I was also told I could still book Hawaii, but in July 2017 I went to a meeting in Hawaii and was told I should not have transferred to the US Collection, because I would not be able to get back into Hawaii. They also said the value of the Hawaii Collection was more valuable and had the highest availability. Jessica Ocegueda was the sales agent. She said I had traded down and if I want to go to Hawaii on US Collection points in all likelihood “it’s not going to happen.” I have learned from other members you still can book in Hawaii with US points. I was convinced to transfer all my US Collection points to Hawaii Collection.

After six hours, there is insufficient time or energy to review an inch high stack of documents. Diamond Resorts Consumer Advocacy never responded to my complaint, but they did send the Consumer Financial Protection Bureau and Barclays Bank my initials for the charge on a document.

  • Of the $138,000 approximate purchase price, $66,915 was taken back as credit for the US points and the balance financed was approximately $70,000
  • The down payment charged to my personal credit card was $8,529
  • A Barclaycard was charged $7,100
  • The monthly payment is $917.58
  • Estimated maintenance fee is $7,418

sad

At age 71, I watched my credit score plummet from the 800s to the 700s. I am a widow living on a teacher’s pension. I learned from reading Inside Timeshare articles and joining an Advocacy Facebook page, many have been told if they purchased more timeshare points, maintenance fees would go down. While the maintenance fee per point may decline a cent or two, the maintenance fee invoice does not decline. It’s easy for the resort defending their position to say, “You were confused,” but the volume of complaints found on the internet speak of sleight of hand, in my opinion.   

Not knowing where to turn I had contacted Irene Parker. Irene told me about the new CLARITY program Diamond Resorts implemented after the Arizona Attorney General issued an Assurance of Discontinuance, accusing DRI of violating the Arizona Consumer Fraud Act. She also said Diamond Resorts now provides an advocacy department for those who have concerns about their purchase. CLARITY is supposed to be about accountability, transparency and respect for the customer. I received none and was ignored by DRI Advocacy. It feels like the customer is always wrong.       

The actions of these agents have taken away my financial security. I feel trapped. It is not as easy or as enjoyable to travel without my husband. I can still travel with friends and would have been able to remain a Diamond customer had I not succumbed to an upgrade for reasons that were not necessary or true.  

I should have learned from the first bad experience I had in Hawaii. In Hawaii, I had been charged $2,995 for a program called the Sampler. I was refunded for that purchase because I did not know a credit card had been charged then until I returned home. Diamond said the agent, Mr. Frank Rippe, had been fired. They also said he had been the top selling agent of that particular product.

It is my hope timeshare members will continue to reach out to other members. It is a sad day when vacation timeshare plan buyers need a support group and a media outreach plan to warn other potential buyers.

act now

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/timeshareadvocategroup/

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

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

As we read many stories such as this it no longer comes as any surprise, what does seem to be a recurring theme is the age group of the people that contact us. They also all have the same story, credit scores being destroyed, after years of no defaults.

One thing that did make me chuckle in Marsha’s story is Diamonds comment on the the sacking of the sales agent, “he had been the top selling agent of that product”, well that is not surprising if he was being that devious!

Once again Inside Timeshare thanks all those who provide us with the information and contribute their stories, if you would like to contribute contact Inside Timeshare. If you just require any information about your membership or about any company that contacts you or even thinking of doing business with, but don’t know where to start, contact us and we will point you in the right direction.

Have a good weekend and join us next week.

weekend

Friday’s Letter from America

Another week over and another Friday’s Letter from America with Irene Parker, but first a very quick look at two cases announced this week.

Silverpoint have once again been on the receiving end of another Supreme Court verdict. They have declared the client’s contract null and void, ordering the return of over £43,000 plus legal fees and legal interest.

In this verdict the court stated that the contract lacked specific information required by law, such as a specific apartment number, date and location. It is quite clear that the Supreme Court has on more than one occasion clarified the law.

In another case heard at the Court of First Instance in Palma de Mallorca, Altres Vacances have been ordered to repay the client over 58,000€  plus legal fees and interest, with the contract being declared null and void.

This court has followed the Supreme Court rulings on the length of the contract, the law is very clear on this point, the contract must be no longer than 50 years. They must also contain specific information as required by law.

abogados-ag-250

Once again, we have to warn about the “fake” law firms operating out of Tenerife, part of the Litigious Abogados family, another reader has been in contact with the new firm Abogados AG, with Armando González Areca named as the main “lawyer”.

They state that following a “groundbreaking ruling on “Tuesday 19 March 2015” (very precise date), against Diamond Resorts International SL, one of the the directors, once again Andrew Cooper, has pleaded guilty to the indictment of the Spanish Civil Code. They also state that the High Court of Santa Cruz de Tenerife have declared 28 of their clients contracts null and void, seizing all the personal assets of Mr Cooper in Spain and the Canary islands.

Now according to this “law firm” they will be lodging the case against Diamond Resorts International Sl and Mr Andrew Cooper on the 7th November 2017, this will heard on Tuesday 21st November, very quick indeed, they must be very well in with the judges!

In the case of our reader, they no longer own any timeshare with Diamond, they got rid of that years ago, so there is no basis for any claim. Beware the claims that you have a case, if you no longer own you don’t, even if you do own you may not have a valid claim. Before engaging with any company that states you do have a claim, check and check again.

See the full letter below, pdf.

Abogados AG

So now on with this week’s letter.

Another Bluegreen Member Alleges a “Bait and Switch”

Sometimes Called “Pitching Heat”

cross fingers

By Irene Parker

November 3  

Back in July, Inside Timeshare published an article by Lela Renea, a detective who alleged she was deceived by a Bluegreen timeshare sales agent. Camyell Pratt, another Bluegreen purchaser, alleges she and her husband were also deceived.

The FBI definition of White Collar Crime, Financial Institution Fraud, is “deceit, concealment, violation of trust and bait and switch.” Inside Timeshare has received 179 complaints from readers, of which 164 allege they were victims of a timeshare bait and switch. https://www.fbi.gov/investigate/white-collar-crime

Lela Renea is a detective. Camyell understands bad debt. She assists in collecting back taxes for a Virginia County government office and understands the repercussions when someone does not pay what they owe. But what if the contract agreed to was purchased under conditions of fraud?

In timeshare, that doesn’t matter thanks to the clause that appears in every timeshare contract – “I did not rely on any oral representation to make my purchase.” In other words, any complaint that begins with “The salesman says” can be conveniently dismissed.

Bluegreen is certainly not the only timeshare company Inside Timeshare has reported on concerning questionable sales tactics by some agents:

A jury awarded Trish Williams, a former Wyndham sales agent, $20 million. Ms. Williams described TAFT days – tell them any blank thing on slow sales days.

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

Attorney General Mark Brnovich issued an Assurance of Discontinuance against Diamond Resorts accusing the company of violating Arizona’s Consumer Fraud Act.

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

New York Attorney General Eric Schneiderman issued an Assurance of Discontinuance against The Manhattan Club. Of note, The Manhattan Club admitted wrongdoing, unusual in corporate America.

NEW YORK – Attorney General Eric T. Schneiderman today announced a $6.5 million settlement with the owners and operators of the Manhattan Club, a timeshare in Midtown Manhattan, over the sponsor’s repeated false promises to potential and current share owners.

The settlement is the largest in recent history for the Attorney General’s Real Estate Finance Bureau. Under the terms of the settlement, the operators of the Manhattan Club, acknowledge that they repeatedly misled shareowners about the club’s reservation process, their ability to sell back their shares, and the details of the club’s state-approved offering plan.

https://ag.ny.gov/press-release/ag-schneiderman-announces-65-million-settlement-midtown-manhattan-timeshare-scammed

Colorado, Wisconsin, Tennessee, and Missouri Attorneys General took action against other timeshare companies.

As we’ve said before, the abnormal becomes normal, whether it be predatory timeshare sales or sex abuse in the Catholic Church or Hollywood. Victims are messengers to be beheaded or silenced and isolated through non-disclosure clauses. To my knowledge, except for The Manhattan Club, timeshare developers have not even acknowledged deceit on the front of the timeshare sale, despite thousands of internet complaints and lawsuits too numerous to mention.

Current and former timeshare sales agents and managers are also speaking out. As one manager explained:

I watched every day, agents selling for double and close to triple what it was supposed to be sold for but management laughed and congratulated them.  The maintenance fees statement about buying more and using that to pay your maintenance fees was a practice that was encouraged but be careful.  Some of the agents would sell the program for $98k when it was only in the 50k range.  One of the guests came back to cancel but the agent said no worries I have it packed 40k but I’ll give then 15 off and still make a killing!   It made me sick because these particular guests were in their late 70′ early 80’s.  I asked the agent if he had a conscience and he just laughed…if you can get them to pay more you’re a hero!!  They have the money!!  Deception actually goes back further than that.  We were told to pack the price for a trade in and imply that it was what they got back for their TS… we sold it for the regular price….they got nothing for their TS!

Some companies are trying to do the right thing. Bluegreen has been listening and taking appropriate action in some cases. Diamond Resorts has opened a Diamond Consumer Advocacy Department that pledges to help members from day one and has launched a program called CLARITY which promotes accountability, transparency and respect for the customer.

Instead of beheading the customer’s, legitimate attorneys, volunteer advocates and journalists, why won’t the timeshare developer not identify and drain the swamp of predatory sales agents? After receiving 179 complaints from our readers, at times we can guess the agent by the con.         

cartoon fraud

Camyel and Jayson Pratt

Camyell and her husband Jayson endured an eight hour Bluegreen timeshare sales presentation at Harbor Light in South Carolina. They were promised:

4000 points plus 6000 points plus two RCI weeks

Availability to a variety of resorts

What was delivered?

For 4000 points, according to one of our Advocates, also a Bluegreen member, the member can book a studio in winter on the wrong side of the weather report.

After filing a complaint with the Better Business Bureau, Bluegreen did offer to credit Camyell the additional 6000 points promised. Camyell declined, deciding she did not want to have anything to do with a company that would resort to such tactics. Nevertheless, Bluegreen credited the family 6000 points anyway.

Camyell said they were given no paperwork after they signed the contract, told the contract needed to be processed. They were given a booklet about Bluegreen and the timeshare exchange company RCI.

Let’s see how Camyell’s complaint compares to Lela Renea:

  • Lela was told if she purchased more points her maintenance fees would stay the same. The maintenance fees have increased from $560 a year in 2015 to about $700 a year for 2017.
  • Lela was told she would receive a free cruise, but after all the fees and charges it cost as much as if she had booked it herself.
  • Lela was told the Barclaycard had a low interest rate of 5% when in actuality it was 25%.
  • Lela was not told she was entitled to 4000 bonus points. The points expired before she was aware of them.
  • Lela was promised availability she says does not exist.
  • Lela was showed a Presidential Suite that was said to be comparable to all Bluegreen accommodations.
  • Lela was not aware she had purchased so few points it was almost impossible to find adequate availability.

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

Timeshare members have had enough. Timeshare has been employing tactics former timeshare sales agents call “Pitching Heat” or “No Heat No Eat” for too long.

Like so many of our readers have complained, Camyell was not allowed onto the booking site until after the contract rescission period. When she did finally gain access, she was informed she was not within the booking window and did not have enough points to book the stay she desired and says she had been promised.

Here is our advice for those not knowing where to turn:   

  • Prepare a written complaint and request for resolution. Submit to the resort.
  • If the resort denies the request, file first with the Attorneys General of the state where you signed a contract, where you live, and where the timeshare is domiciled. Some Attorneys General are influenced by lobby dollars, so don’t be discouraged if your complaint is denied. There is still merit filing “for the record” because the Attorney General’s lack of concern can be quantified and reported. Some states refer you to a different department.
  • File a complaint with the state real estate division against the agent (ID #) if you feel the sales agent is at fault.
  • File a complaint with the Federal Trade Commission because every state has incorporated some part of the FTC Consumer Fraud Act into their respective state consumer protection act.
  • Report your grievance to ARDA http://www.arda.org/ethics/ – this organization is the American Resort Development Association – Resort Owners Coalition. ARDA ROC does not resolve individual member disputes, but they do have a code of ethics that should be enforced. When the needs of the member and the developer diverge, lobby dollars go to the side of the developer, so think twice about the “voluntary” opt in or opt out donation to an organization that may not always be targeting your best interest.    
  • The FBI definition of White Collar Crime – Financial Institution Fraud – is “deceit, concealment, violation of trust and bait and switch”. File a complaint with IC3.gov if this is the case. IC stands for Internet Crime, but your complaint does not have to involve the internet. That’s just the FBI portal for complaints. https://www.fbi.gov/investigate/white-collar-crime
  • File a complaint with the Consumer Financial Protection Bureau, although this agency has been vastly diminished due to the rollback of the Dodd Frank Act. According to a banker I spoke with recently, they are still the regulators. File with this agency only if a credit card played a part or there is a loan outstanding.
  • Reach out to local and national media. This is by far the most important and effective tool. Typically, timeshare buyers don’t buy a timeshare in their state of residence, so state lawmakers have expressed little interest and can also be influenced by lobby dollars. http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.html
  • Become an Advocate for change by assisting other members with the process outlined above. Encourage others to act.
  • File a complaint with the Better Business Bureau. The ⦁ BBB does not resolve complaints. They merely report how efficiently a company responds to complaints so ratings can be misleading.

None of the above agencies will act on behalf of a specific individual, but a volume of complaints can prompt an investigation.  

chat

If you or anyone you know has a timeshare story to share, or needs help with a timeshare issue, contact Inside Timeshare or one of the following self-help Facebooks:

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

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

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

 

There we have it, Friday is here, the weekend is about to begin, have fun and don’t forget, do your homework before you deal with any company. If you are in any doubt, contact Inside Timeshare and we will point you in the right direction.

friday cat

Friday’s Letter from America

Welcome once again to Friday’s Letter from America, the article we had planned for today by Mike Finn, has been postponed until Tuesday, the reason, some very important breaking news from the US. Inside Timeshare received the press release yesterday 26 October at 5.53pm, It was then sent to Irene Parker our US branch who prepared it for publication today.

As usual we start with Europe, Inside Timeshare has again been receiving many comments from readers regarding the Mark Rowe enterprise ABC Lawyers, all have been the same.

The timeshare owner has attended a meeting at one of their offices, enticed with the prospect of ending their timeshare and claiming compensation. Sounds good, but then comes the crunch, the “salesperson” starts to pitch the Rowe product “Jive Hippo”. Does this sound familiar. Well it should, after all sellmytimeshare.tv (another Rowe company) enticed people to their meetings with the promise of selling their timeshare, but then were pitched into the “Monster Credits” product.

It also appears that the “Jive Hippo” product is required in order to “Relinquish” then “claim compensation”. Once the contracts are signed, the client is also told there is no “cooling off period” as it does not come under timeshare regulations, there is no right to cancel and the full cost must be paid.

On Thursday we published the breaking news on a Norwegian client of Canarian Legal Alliance receiving a massive payout, involving Anfi, since then there has been more news coming in.

At the High Court in Tenerife, the judge ordered that Regency Resorts returns over £13,000 plus legal interest to another client. The contract was also declared null and void.

The same court in Tenerife has also awarded a client over £53,000 plus legal interest against Silverpoint, with again the contract declared null & void.

In one of the lower courts in Tenerife, the Court of First Instance number 5, declared another Silverpoint contract null & void, as it did not conform to the law which requires specific information to be included. In this case it did not contain information regarding a specific date or apartment. The client will be receiving over £44,000 plus legal interest and the return of legal fees.

So it has been all go in the courts on Tenerife, now on with our Letter from America.

Liberté

Breaking News from America!

Finally a Timeshare Exit Strategy with Promise!

October 27

Introduction by Irene Parker

Anything to help beleaguered timeshare members who no longer want or need their timeshare, spells relief for perpetual timeshare members.

With the launch of TARS TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC new “limited term deeded” program, consumers enjoy all the “pros” of traditional timeshare, and none of the “cons”, plus even more benefits, according to TARS President and General Counsel, Martin M. Kandel. “Our program allows legacy owners to safely trade-in their existing traditional timeshare and purchase a limited 5 year term timeshare at their Resort”, Kandel said.

I spoke with TARS Chairman Dennis DiTinno. “Our program is geared toward smaller, deeded fixed week owners, but we hope the brand name resorts will take note and will consider similar exit plans that do not place undue burden on their members or the HOAs.”

Timeshare developers and Attorneys General have focused on shutting down fraudulent resale, transfer and listing scams, rather than attacking the root of the problem. A reasonable exit plan nullifies the ability for such entities to prosper. This multi-page single-spaced Department of Justice reports illustrates the depth of the problem.

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

“Not only can a five year exit plan such as our put such unscrupulous entities out of business, it will ease the burden of debt collection for HOAs,” Mr. DiTinno further explained. “When we presented our exit program at the TBMA Timeshare Board Member Association in Las Vegas last weekend, we were pleased that those in attendance listened and appeared to like what they heard,” he added.

Inside Timeshare has received complaints from 176 readers who describe sometimes catastrophic financial distress unable to be released from their timeshare contract.   

hope1

FOR IMMEDIATE RELEASE

TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC EXPANDS SERVICES FOR LEGACY RESORTS AND OWNERS

Timeshare Advisory and Resolution Services LLC (“TARS”) a company dedicated to promoting the interests and rights of long-time timeshare owners, homeowner associations, and consumers contemplating the purchase of timeshare, has announced the launch of unique programs designed to ease the transition of long time owners, out of their “perpetual” timeshare and also attract new consumers, seeking the benefits of timeshare ownership without the burden of increasing maintenance fees or the hassles of resale.

The program also intends to assist legacy resorts in planning for either continued use as a timeshare property or for an alternative use pursuant to an organized repurposing plan.  In addition, TARS announced the acquisition of a significant interest in the company by Liberté Management Group of the Pinellas Islands, Inc. TARS will be operated as a subsidiary of Liberté and will be jointly headquartered in Treasure Island, Florida.

With the launch of TARS new “limited term/unlimited fun” program, consumers enjoy all the “pros” of traditional timeshare, and none of the “cons”, according to TARS President and General Counsel, Martin M. Kandel. “Our program allows legacy owners to safely trade-in their existing traditional timeshare and purchase a limited 5-year term deeded timeshare at their resort”, Kandel said.  “Legacy owners will continue to be able to enjoy their resort and unit every year of the term, or rent or exchange it as they do in a traditional timeshare. However, they will no longer be billed any maintenance fees during the entire term, which terminates by going back to the resort with no further obligation. There are no worries about resales or fraudulent transfer and exit companies, and the HOA’s have a systematic and controllable, and scalable means to make certain all of their intervals are paying intervals”, Kandel concluded.

Dennis F. DiTinno, CEO and President of the Liberte’ Management Group of Companies, will serve as Chairman of TARS and oversee the close interaction between TARS and Liberte’. “As a manager of legacy resorts, I have been committed to working toward a robust resale market to benefit older resorts and their owners, particularly those resorts fighting to remain financially stable and relevant. TARS will help these sold-out resorts find new owners to enjoy their products and services. I am excited to join with Marty and devising innovative ways to fight for and protect the resort associations and owners upon whom the timeshare industry was originally built”, DiTinno said. “I sincerely believe that what we are doing is to provide ‘out of box solutions… in a box’”, DiTinno added.

In conjunction with select strategic partners, TARS will provide an á la carte menu of products and enhanced services designed exclusively for the legacy market segment. TARS will target self-managed resorts, management companies (in those instances where such a company has been previously retained by the HOA), and individuals for whom timeshare has become a burden.

TARS business objective will be to provide new ways to address old problems by enhancing TARS’ original consumer-centric mission (www.tarserv.com) to provide legacy resorts with a means to maintain their resorts for a decade or more in order to plan for robust continuation or an orderly repurposing of the resort and its timeshare program.  Along the way, TARS may more readily assist individual legacy timeshare owners in parting with their timeshare as a part of the overall HOA program.

DiTinno established Liberté Management and related entities in 1987 to address a burgeoning demand for professional, turnkey resort property management along the Florida Gulf Coast, Liberté Management provides a comprehensive array of personalized services for a wide variety of vacation properties. Services include rentals, sales and resale services for timeshares, resort condominiums and hotels.

Clients range from large developers and community associations to individual owners who expect an unparalleled level of quality and commitment. DiTinno served with distinction in Viet Nam as a member of the United States Marine Corps.

Kandel attended University of Baltimore School of Law and Rutgers University and is a member of the State Bar of Maryland. He is a former Maryland Assistant Attorney General and Counsel to that state’s Real Estate Commission and Commissioner of Consumer Credit, and is the primary author of the first Maryland Timeshare Act. Since 1984, Kandel has served as counsel to timeshare developers, lenders, builders, and a variety of other industry related clients, as well as individual consumers and consumer groups.  He has also operated timeshare development and sales and marketing entities in the US, Australia, and Europe, and has served on the Board of Directors of ARDA and ATHOC.

calm

It’s nice to be on the same side of the fence for once! Imagine a world with no Timeshare Wars with members pitted against developers like North Korea and America. There’s no reason we can’t all get along by releasing timeshare members who feel like they are being held hostage by their vacation plan. Charles Thomas and I would like nothing better than to publish articles about people and places doing things right. Thank you to Marty and Dennis for their olive branch, offering a bridge between greed and need.

Inside Timeshare will publish a monthly resale recycle report to examine how this revolutionary plan is working out. We hope to interview timeshare owners and HOAs taking advantage of this opportunity. I’ll call my favorite timeshare people, Port Elsewhere in the Missouri Ozarks and Maui Hill at Maui Lea to hear what they think.       

So that’s it for this week, two breaking news stories from both sides of the Great Lake, our apologies to Mike Finn for not publishing his article, I’m sure he will understand. We will however be publishing that on Tuesday.

Once again, if you need any information on any company that has contacted you or you are considering dealing with, but are not sure where to look, Inside Timeshare will point you in the right direction.

It’s Friday, the weekend is once again upon us, have a good one and we will be back on Monday.

friday dog

 

Happy Days! Norwegian Client Receives Massive Payout.

Inside Timeshare has just received this latest news, the lawyers from Canarian Legal Alliance are celebrating today, along with their Norwegian client. No doubt with a few bottles of champagne.

champagne

Their Norwegian client’s original claim against Anfi was for 30,000€, but the lawyers asked the court for 108,000€ which included double the deposits including the balance, which was paid within 90 days and maintenance fees. This 90 day ruling was made by the Supreme Court for infringements where the client did not receive adequate information required by law.

Canarian Legal Alliance informed Inside Timeshare that they originally lost the case at the Court of First Instance, located in Maspalomas. then took the case to the High Court in Las Palmas on appeal. This court again invoked the Supreme Court rulings and found in favour of the client.

Court Masp
Court of First Instance Maspalomas

Anfi, then made moves to appeal that decision at the Supreme Court in Madrid, but this was rejected by Spain’s Highest Court. The court’s reasons for rejecting the appeal was very simple, they had already ruled on 66 previous occasions and there was no reason to accept this appeal as it fell within the scope of those previous decisions. In other words they believed it was a frivolous appeal.

The case was then returned to the High Court who also added a fine on top of the original award, making the amount a whopping 136,000€ which has already been paid into the relevant bank account and is about to be returned to this very happy Norwegian client. He is also now timeshare free as the contract was declared null and void.

So there it is, in black and white and direct from the courts, timeshare companies especially Anfi cannot deny they are losing cases or having to payout. Almost on a daily basis the courts are finding against them, if we were to publish every time a case is won, there would be no room for other news. For many timeshare owners who have cases pending or are just embarking on the road to litigation, this will be welcome news.

denial

Inside Timeshare congratulates the client and all the legal team at Canarian Legal Alliance on this result. We know they work hard for their clients as is shown in the many reports we receive and publish.

 

Friday’s Letter from America

It’s time for another Friday’s Letter from America, with the recent hurricanes in the Caribbean and Florida, many owners and members have been asking how the damage affects them. Mike Finn of Finn Law Group explains this, with an introduction by Inside Timeshares very own Irene Parker.

Michael-D-Finn2
Michael D Finn

But as usual we start with some news from Europe, it has been a little quiet on the court front this week, with only three announcements made public.

All three involve the Tenerife based company Silverpoint, the first was at the High Court where the judge declared a contract null & void. He also ordered the return of over £40,000 plus legal interest. As usual the contract was over 50 years, deposits paid within the cooling off period and the contract did not contain the correct information required by law.

The second case against Silverpoint was from the Supreme Court in Madrid, once again this court upheld its previous judgements. The client in this case receives over 104,000€ plus legal fees and legal interest. They are also timeshare free.

The third case was another Supreme Court judgement against Silverpoint, this officially confirms the number of rulings by this court at 66. Again the contract was declared null and void, with the client awarded over £89,000 plus legal fees and legal interest.

Many readers this week have been contacting Inside Timeshare about ABC Lawyers, Timeshare Lawyers, Timeshare Compensation and off course the “new” Mark Rowe product Jive Hippo. (Not a name that conjures up confidence). Not to forget he also owns the TCA (Timeshare Consumer Association) and TimeshareTalk.

The comments from these readers have not been what you might call promising. Remember these companies are all owned by one person, who himself is an ex timeshare sales manager (Silverpoint / Resort Properties), turned gamekeeper. As with any company you may contemplate any business with, it pays to check, check and check again before you commit.

Amador Galeca Abogados, have been at it again, this time Andrew Cooper was named as the director of Personal Travel Group. Again he is pleading guilty. Now remember, Personal Travel Group was the successor to Incentive Leisure Group, owned by the late Gary Lee, of Timelinx and Designer Way Vacation Club fame. His partner Kim Bambrough also ran the call center at the old ILG office in Fuengirola, so Andrew Cooper had nothing to do with it all.

On the subject of this “FAKE” law firm, last week we reported that one reader managed to get their money back which they paid via bank transfer. It turns out that their banks fraud department managed to get this back from Deutsche Bank, where it was paid into the account of the “Procurador” Graham Ingum Gorrin.

We have also been informed that Sutton Hall have placed the information supplied to our reader on their members website, at least now the word is getting out.

So on with this week’s article.

How do Natural Disasters Affect my Timeshare?

natural disaster

What if a Timeshare Resort Suffers Damage?

By Mike Finn of the Finn Law Group

https://www.finnlawgroup.com/learning-center/what-if-timeshare-resort-suffers-damage

October 20, 2017

Introduction by Irene Parker

Given the severity of recent hurricanes, fires and earthquakes, Timeshare Advocacy Group™ has been receiving questions from concerned timeshare owners and members.

Of note are the relevant differences that come into play for right to use point programs compared to fixed week timeshares. Fixed week timeshares are defined as real estate, so the fixed week owner has the same problem as the owner of a primary residence. If a primary residence is demolished you may not be able to occupy the premise. Alternative lodging must be arranged and rarely does insurance make the owner whole again.

Do right to use point programs offer more protection?

In some ways, I think yes. The advantage of a fixed week timeshare is that you know what you own. You can see, feel and touch the week purchased. In a disaster however, that same benefit can work against the owner.

I contacted a team member at one resort. The company has property on St. Martin. The company’s right to use point owners are being refunded points for forfeited stays, but the company’s fixed week owners must book in other locations through an exchange service, and are unable to book St. Martin until 2020. Still, fixed week owners are fortunate to have this option because the owner on the other side of the exchange would not be able to stay at the owner’s demolished resort. Overall, industry insiders I contacted feel point members may have a layer of protection over fixed week owners when a disaster affects a single resort.

Does this mean right to use programs are better or safer overall?

Finn

Depending on vacation goals and lifestyles, right to use points may be the right choice. The Federal Trade Commission offers good advice. Of the points presented, the most important pieces of advice are:

  • Research the track record of the seller, developer, and management company before you buy. You also can search online for complaints,
  • Is everything the salesperson promised written into the contract? If not, walk away from the sale. (A standard resort rebuttal is, “You should have asked for anything of importance to you to be added to the contract.),
  • Don’t act on impulse or under pressure. (This is easier said than done, but better to forfeit a few perks than be saddled with a vacation plan you don’t want, can’t use or afford, with no exit and rising maintenance fees.)

This next FTC point is the least helpful as, according to complaints received by Inside Timeshare, sales agents often offer to be your vacation advisor or counselor until death you part, but many members tell us the person they were told to contact never returned phone calls, emails or text messages.

  • Get the name and phone number of someone at the company who can answer your questions — before, during, and after the sales presentation, and after your purchase.

https://www.consumer.ftc.gov/articles/0073-timeshares-and-vacation-plans

Mike Finn of the Finn Law Group answers the question,

Finn-Law--Main-Logo

What if a Timeshare Resort Suffers Damage?

Many, many timeshare resorts are located in areas where terrible storms and other “acts of God” happen with some frequency, such as Florida or the Caribbean – both of which have suffered extensively this hurricane season.

As business owners and locals rebuild and recover in the face of a cataclysmic storm or other disastrous event, timeshare owners looking on from spots across the country have their own unique worry: Namely, how they will be affected if their “home” timeshare resort suffers major damage.

There is a lot to unpack here! In our experience, though, timeshare consumers who are worried about their resort are predominantly concerned with two things –

  • How their ability to make reservations will be affected, and
  • Whether they can expect to pay more in assessments and fees.

To the first point, it is quite likely that your ability to use a timeshare resort may be affected by damage. Facing a loss of property or a labor shortage (as employees stay home for their own safety), many resorts may well be forced to close or suspend service temporarily, affecting the plans of those who already had reservations or who were planning on making them.

The second major issue that concerns many consumers: Whether or not they’ll feel the effects of a storm or other natural disaster in their pocketbook. Assessments and fees for repair costs will vary from resort to resort, based on the unique circumstances at play.

Certainly, though, timeshare consumers would be wise to remember the words of the Orlando Sentinel’s Caitlin Dineen, who notes:

“In some cases, owners could be asked to pay fees to offset repair costs if some damages don’t meet insurance thresholds or there are large deductibles that need to be met first.”

Let’s expand upon that. Should a resort be damaged, the bulk of the costs of repairs should be covered by insurance; Property Owners Associations (POAs) also have reserve funds designated for special situations (both of these are paid for, at least in part, by owners’ annual maintenance fees).

With that said, it’s important to remember that insurance rarely covers everything, and that the POA reserve is often insufficient to take care of the difference. As a result, timeshare owners will often end up paying something more out of pocket in the event of resort damage, be it for debris removal, landscaping services, or other costs that arise in the wake of a weather event.

Resorts and owners will be affected on a case-by-case basis. Following the massive fires earlier this year in Tennessee, for instance, many interval owners were relieved to hear that they likely wouldn’t be on the hook for fees after several resorts in the area suffered damage. Other owners will tell you a different story, such as those who “found themselves on the hook for nearly $5,800 in special assessment maintenance fees” after their Hawaiian resort suffered “water intrusion.”

Note from Irene: Mr. Finn is referring to Diamond Resort’s The Point at Poipu Resort and the resulting class action lawsuit filed by owners.

http://www.poipuowners.org/News.html

An important thing to remember

Recuerde

 It’s important to consider that information on matters such as these will be included in the documents you receive at the time of closing. While it may be difficult to parse through the language, taking the time to research your contract and POS documents can only benefit you in the long run.

Have any more questions or concerns? Don’t hesitate to get in touch!

Led by Attorney Michael D. Finn with 45 years of experience, the Finn Law Group is a consumer protection firm specializing in timeshare law. Our lawyers understand vacation ownership as well as the many pitfalls of the secondary market of timeshare resales. If you feel you have been victimized by a timeshare company, contact our offices for a free consultation. Know your rights as a consumer and don’t hesitate to drop us a line with any questions or concerns.

Thank you to Mike Finn for this very interesting article, also a big welcome to Tammy Arkley, who is a book editor and court reporting editor, who will be helping Irene with edits of the US articles.

That is it for this week, remember one thing, always check any company that contacts you or you may be thinking of doing business with, spending time to do your homework with save you thousands in the long term. If you need any help in doing this “homework” contact Inside Timeshare and we will point you in the right direction.

weekend

The Tuesday Slot with Irene, Plus some news about Butlins.

In this Tuesday’s article by Irene Parker, she explains how timeshare members fight back, this is a rather timely piece as we have recently received some disturbing news. It would appear that not is all well at Butlins.

In previous articles we praised Butlins Blueskies timeshare as one that was sold correctly and seemed to have very few complaints from members. That had now changed, Butlins is ending Blueskies.

blueskies

According to some of the posts on the Blueskies, Butlins, members facebook page, members are not happy about losing their timeshares. They were told that if they did not accept the offer to terminate the club, then their maintenance fees would rise significantly.

According to some of the posts on the facebook page, Butlins have also been hiring out apartments to non members, which goes against what they were sold. One member posted the following:

“Blueskies was sold to most of us as an exclusive club, it was not to be hired out. Therefore Butlins Blueskies broke the contract with us as members when they started hiring apartments out without asking/informing us the members.”

It also looks like there are many complaints about the standards of the apartments and the service, that everything seems to have gone down hill. Repairs not being carried out, with comments on damaged floor tiles and windows.

But the vast majority of the comments surrounded the vote, which gone in Butlins favour and the club is to be wound up. It also appears that the vote was done on points, rather than just votes, the more points, the more votes. Which makes the vote in Butlins favour not surprising, as they will own the points not sold. We have seen this before at other timeshare resorts, where the vote has gone in favour of the developer or management company.

Many members are calling to band together and take legal action, as they feel they have been cheated. It is a sad day when a company like Butlins, which did have a relatively good reputation in the timeshare industry suddenly falls from grace. We wish the members all the best in their fight to right a wrong.

Follow the link to the Blueskies Facebook page:

https://www.facebook.com/search/top/?q=Blueskies%2C%20Butlins%2C%20members

Now on with Irene’s article.

Lions and Cats

How Timeshare Members Fight Back

Lion

By Irene Parker

October 17, 2017

A timeshare insider recently asked me, “Why is Timeshare Advocacy Group™ so successful?”  “How do you do it?”

Most timeshare members contacting Inside Timeshare and timeshare advocacy Facebook pages are confused, angry, and overwhelmed. Members face a battle pleading with a timeshare company, demanding a refund or loan be cancelled, knowing they may be forced into foreclosure if they are denied. If the member feels they were sold or up-sold by deceit, the conflict is magnified. The automatic denial from the resort leads to more anger and frustration as rebuttals ensue. We take pride in the number of members we have steered away from fraudulent transfer companies charging hefty amounts for so called guaranteed exits.

The predator turned prey

Something clicks inside a person when they have had enough, be it a victim of domestic abuse, child abuse, or predatory timeshare sales. Our goal is to turn the sound of the caller’s scared and desperate voice into a confident voice by providing the member with the resources needed to take action and advocate.

Three of Timeshare Advocacy Group’s leaders

3 trees

Irene “Irina” Allen is our Timeshare Advocacy Group™ administrator

http://insidetimeshare.com/monday-start-another-week/

We seek to provide 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/

Eron Grant is an educator who has volunteered to be our “go to” person analyzing ARDA’s Code of Ethics. After a member submits a report to us, Eron identifies how a timeshare developer has violated ARDA’s Code of Ethics. The report is forwarded to ARDA’s General Counsel and Lobbyist. So far there has been no response. We feel if an organization says they have a Code of Ethics, the Code should be enforced. Here is how Eron describes how ARDA’s Code of Ethics was violated in the case of her family. ARDA stands for American Resort Development Association. The code can be found in Eron’s article.

http://insidetimeshare.com/fridays-letter-america-14/

Advocacy groups have been encouraging timeshare members not to make a voluntary donation to ARDA ROC, feeling the $4 to $5 million a year raised is used to lobby against timeshare owners when an issue is at odds with developer interest. It’s doubtful most owners know what the letters ARDA ROC stand for.

“Owners donated $5.5 million this year, through voluntary contributions on their maintenance fees, to support ARDA-ROC, the independent Resort Owners’ Coalition that teams up with ARDA on consumer and legal issues that impact owners. The top two givers were owners at Diamond Resorts and Bluegreen Vacations, each of whom contributed $1 million for ARDA’s representation.” RedWeek April, 2017

According to Dr. Amy Gregory, University of Central Florida, who presented at an ARDA World Conference,

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

ARDA worked to pass legislation in Florida making it more difficult for timeshare members to be released from contracts due to non material errors. A high percentage of buyer’s remorse, coupled with a perpetual contract, little or no exit, and rising maintenance fees have left frustrated timeshare members no place to turn in an industry that is virtually unregulated. Lawmakers, influenced by lobby dollars, turn a deaf ear. Advocacy groups were outraged by the Florida bill.

https://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Karen Garello

Karen Garello is our Secret Shopper coordinator. Karen is one of several members who allege they did not know, until they returned home, a credit card had been used to purchase a timeshare product. Marsha Young also was unaware she had been charged for the same timeshare product, but Marsha received her money back, told the person who sold it to her had been fired. The resort said he had been the top selling agent of this particular product.

http://insidetimeshare.com/works-industries-not-timeshare/

Inside Timeshare and Timeshare Advocacy Group™ developed a step-by-step plan a member can follow if a resort offers no assistance. Through regulatory filings and media outreach members are helping other members while also contributing to timeshare reform. Other advocates, working behind the scenes, focus on legislative actions. Time, patience and diligence are necessary.

Many of the members reaching out to us have health issues. Out of 166 complaints received, diagnoses include cancer, dementia, concussion, kidney disease, Bell’s palsy, financial loss caused by loss of employment or divorce, and grief over the loss of a spouse or loved one. Developer attorneys say hardship is not a legal defense.

Many life events cannot be foreseen, so consumers thinking about buying a timeshare need to think about whether it is prudent to buy anything for $25,000 to over $500,000 that does not have a secondary market, is perpetual, and is accompanied by rising maintenance fees. Some timeshares have a limited secondary market. Members of the Licensed Timeshare Resale Broker Association can give you an idea of what your timeshare may be worth on the secondary market.

http://www.licensedtimeshareresalebrokers.org/

Inside Timeshare has received many complaints (157 out of 166) by timeshare members alleging they were deceived on the front end of the timeshare sale. We are learning there are many ways to dodge the rescission period.

Timeshare member Tammy Arkley only realized this happened to her because she was able to access the booking site because her friend was already a member at a higher loyalty level. Tammy said she was told she would need fewer points to book stays if she upgraded to the next loyalty level, but when she went back to her room and logged onto her friend’s account, already at that loyalty level, she saw the reservation took the same exact number of points. She received her money back, but what did this experience do to change the image she had of this company?

In other words, there are some promises and claims that cannot be discovered until the buyer has access to the booking site, long after the cancellation period.

Similarly, others have been told they would need to wait six months before selling points after upgrading to the next loyalty level. By placing a six month wait on the false claim, the complaint is old when reported. Too many of our readers are highly educated professionals and were not alone when they attended the presentation. There are so many almost identical complaints – we can sometimes guess the name of the sales agent.

Timeshare members have had enough. Social Media now allows timeshare members to contact other members to find out they are not alone. Members include professionals offering their skills to help other members. We are hoping one day, if the timeshare companies themselves will not acknowledge the problems, lawmakers will pay attention.

My husband Don, and first read editor, asked me as I was writing this article, “Why does Disney have so few complaints?” Disney, I said, is a company backed by generations of little critters enmeshed in a corporate culture and brand that will not allow deceit but does allow a secondary market. It does not seem to have hurt their bottom line. Zacks estimates a year over year growth estimate of 11.27% forecasted for 9/20/2018 with an impressive 1.66% allowance for doubtful receivables 10/1/2016.

https://www.zacks.com/stock/quote/DIS/detailed-estimates

Walt Disney Co.’s allowance as a percentage of current receivables, gross declined from 2014 to 2015 and from 2015 to 2016.

 https://www.stock-analysis-on.net/NYSE/Company/Walt-Disney-Co/Financial-Reporting-Quality

Bad-Debts

Contact Inside Timeshare to share your news and views or one of the available self-help groups. Our success is not measured in dollars. While many have received resolution or refunds, relinquishments, or loan cancellations, others brace for foreclosure. It’s about the “3Rs or F of Timeshare” – getting a bad decision in the rear view mirror supported by other members who care and bring their expertise from all walks of life into our Timeshare Advocacy Group™.

create

 

 

 

 

 

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

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

We now share some more news from the courts in Spain, the High Court in Tenerife yesterday announced another crippling verdict against Silverpoint. The judge has declared another client’s contract null and void, ordering the return of over £40,000 plus legal interests. Once again the courts are finding in favour of clients as per the rulings of the Supreme Court.

So no matter what the industry claims, they are losing the battle, consumers are protected by the law, at least as far as timeshares sold in Spain are concerned. It now needs the rest of Europe to follow suit, giving the protection that the EU Timeshare Directives promised. The industry must acknowledge the fact that they have for too long run roughshod over consumers in their quest for easy money.

 

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, it is not the article we originally planned as other events have taken over.

Firstly since Irene sent this article we have received some very sad news, Irene’s brother has sadly passed away. Inside Timeshare, along with all our readers and contributors, the staff at Canarian Legal Alliance send our deepest sympathies and condolences to Irene and all her family. Our thoughts are with you.

condolences

As we said last month, the time has come when all the new companies and some of the older ones will start to contact timeshare owners. This is usually the time it starts as the annual maintenance bills are starting to come through the post.

Inside Timeshare has been receiving many requests for information on these, most are for so called claims. It is surprising how many owners are being told that they have a claim for miss-selling, even though they purchased in places like Mexico.

Appointments at various offices around the UK are being arranged, but beware, these “claims” will result in either the purchase of another product, the offer of relinquishment and then a claim on a no win no fee basis. This will cost thousands of pounds, the claim will more than likely be under Section 75 of the Credit Consumer Act 1974. If the purchase was more than 6 years ago you cannot claim. If you have used your timeshare there is no claim, even if you have never used it you will not have a claim as it was available.

Section 75 only cover the following:

  1. You have not received the goods or services paid for
  2. The company goes into liquidation
  3. The goods are faulty
  4. The company turns out to be fraudulent

section 75At present the only successful claims have been through the Spanish Courts, where the timeshare laws are very strong. So unless you purchased in Spain since 1999, you will not have any basis for a claim and this will have to go through court.

So beware of these companies that say you have a valid claim, check and double check the facts.

On the subject of court cases, the following were announced during the course of this week.

The Court of First Instance Number 4 in Tenerife has found against EZE Group, at present we do not know what the infractions were, no doubt those will be released soon. But the court has declared the client’s contract null and void with the return of over £52,000 plus legal interest.

In another case on Gran Canaria, the High Court has found against Puerto Calma Marketing SL and Vista Amadores SL, which are all part of Holiday Club. In this case the Norwegian clients will receive over 57,000€ plus legal interest, they also have had their contract declared null and void. (The full sentences can be read in the attached PDF)

HC N2 PUERTO CALMA, sentence

These two case were brought on behalf of the clients by non other than the lawyers of Canarian Legal Alliance.

So now on with our shorter article from Irene.

Rather than rush through an article for our regular Friday Letter from America, I would like to reach out to all Inside Timeshare readers who have reached out to us burdened with timeshare loans, credit cards and maintenance fees as a result of medical and financial hardship.

Charles Thomas was not able to complete his trip to Orlando due to problems with Spain’s electronic VISA service. Little did I think the room we had booked for Charles at Diamond Resort’s Mystic Dunes would become part of a Hospice end of life plan for an immediate family member.

Life tends to throw us a few curve balls. My brother entered Hospice near his 86th birthday this month near Orlando. We were able to provide my other brother and his wife Charles’ room as my brother and I kept nightshift watch over our older brother at Good Shepherd Hospice.

The experience led me to think about all the timeshare members who have contacted me under similar circumstances burdened by cancer, a diagnosis of dementia, Bell’s palsy, concussion, loss of a spouse or loss of job or divorce leading to financial hardship. I thought about how much more difficult this family crisis would be if I had a timeshare debt collector calling on top of all this. The majority of readers allege they were deceived into buying points or more points told this would alleviate timeshare expense because of maintenance fee relief programs or selling points programs that do not exist. It is my deepest desire timeshare companies will look upon the financial devastation the lack of a secondary market and the actions of unscrupulous sales agents can cause.

The industry reaction is often to behead the messengers. All of our readers who have followed us and submitted articles as a Contributor are messengers. There has been a glimmer of regulatory action and Social Media no longer keeps victims isolated and silenced. In an earlier article, I reviewed Jay Baer’s book Hug Your Haters describing how Social Media is changing the face of Customer Service. Mr. Baer is scheduled to be keynote speaker at the upcoming Interval International Shared Ownership Conference attended by developers and private equity firms. It’s not your grandma’s timeshare anymore. Timeshare is big business and, in my opinion, for some companies it is motivated by greed. Deceit is also so ingrained it is accepted and encouraged top down. No one disputes there are honest sales agents who sell the product without misrepresentations, but with rising default rates, there is another reason for developers to listen to Mr. Baer because as he warns, “Haters are not your problem….Ignoring them is.”

jay baer
Jay Baer

As always, thank you Charles Thomas for being our voice for members who have been voiceless for too long.

http://insidetimeshare.com/hug-haters-part-ii-customer-service-message/

Thank you Irene, our appreciation for sending this article through under the circumstances, we all wish you and your family well.

Now to end this week, remember to check any company that you are dealing with, if you are not sure how to do this contact Inside Timeshare and we will point you in the right direction.

Have a good weekend.

weekend cat

Friday’s Letter from America on Thursday

Welcome to Friday’s Letter from America on Thursday, yes that is correct, we are publishing a day early as we are travelling to the US on Friday.

Inside Timeshare is visiting our American colleagues, with Irene and Don meeting me at Orlando airport, while there we have arranged to meet with several attorneys including America’s very own Timeshare Crusader Lisa Ann SchreierWe will also be meeting many other people and hopefully having a few cold beers.

beer

Inside Timeshare is also pleased to announce a new collaboration, for sometime CLA International based in Dubai, has been getting their website up and running. They have been following the articles published on Inside Timeshare and have asked if we would run their news section.

They wanted an independent voice rather than their own take on things, Inside Timeshare has agreed to supply those articles, so many of the articles regarding international timeshare news we publish will be posted on their website. These will be from the many contributors who are now writing for Inside Timeshare. We also hope to add more from the following areas:

India (Goa), Thailand and the surrounding Asian area, Australia, Mexico, Central and South America, we welcome any contributor who would like to publish their experiences, news and views on the world of timeshare. You can contact us via our contact page or direct to [email protected]

contribute

Update from Europe

Once again, Inside Timeshare has heard from another reader who found our articles on the Litigious Abogados family, namely Amador Galeca Abogados.

The reader had a call regarding their timeshare at Royal Sunset Beach, with the name Andrew Cooper again being named as the director being taken to court with all his personal property and assets being seized. For a sum of just under 1000€ they could be part of the case.

The reader then made a bank transfer, but then decided to check out the name Andrew Cooper, finding our previous article. When the reader contacted us we explained how the scam operates, they immediately informed their bank and the bank is now trying to stop the transaction.

The reader explained that when her husband became too ill to travel Royal Sunset actually took back the timeshare, so they no longer owned. Because of this there would not be any basis for a claim in any court.

This story just goes to show once again, before you pay any money, check who you are dealing with. Hopefully the readers bank was informed in time to stop the money being transferred.

stop think proceed

We started the week with verdict from the courts against Palm Oasis (Tasolan), the following day the Supreme Court ruled on another case against Silverpoint in Tenerife, that made 64 rulings from this court on timeshare. In this case the court again declared the contract null and void, awarding over £99,000 plus a double deposit of £6,082 including legal fees and legal interest.

Then yesterday Wednesday 4 October the High Court in Tenerife ruled once again against Silverpoint and awarded over 67,000€ plus legal fees and interest to the client. This was then followed by the news the Supreme Court had just issued another sentence against Silverpoint, bringing the total number of cases won at this court by Canarian Legal Alliance to 65.

Now on with Irene’s article where she recounts our first meeting and her visit and interview with Canarian Legal Alliance. We have certainly moved on since that first meeting.

Canarian Legal Alliance and Inside Timeshare

The meeting of minds

Irene with CLA
Irene Meeting with CLA Staff Sept 2016

By Irene Parker

October 5, 2017

We are judged by the company we keep, so shortly after submitting my first article to Inside Timeshare my husband and I flew to Gran Canaria, Canary Islands to meet Charles Thomas and his Canarian Legal Alliance friends. It was not an easy trip since we boarded the wrong plane in Madrid and ended up in AMSTERDAM!

We stayed at Diamond Resorts Cala Blanca resort on Mogan. A Diamond sales agent in the US actually introduced me to Charles by sending me one of his articles. The staff at Cala Blanca could not have been nicer. I talked quite a while with the manager as he was the head of a resort employee union of sorts advocating on behalf of refugees he felt were being treated unfairly at a resort on the other side of the bay. One of the sales agents working at Cala Blanca and a friend of Charles is one of my Facebook friends.

In today’s timeshare world you can’t be too careful. Attorneys come in all ethical shapes and sizes. In addition to meeting Charles, I was able to meet with the CLA office manager Csilla, named business person of the year for Gran Canaria, several intake workers showing sincere compassion as they listened to timeshare accounts over the phone, and a few CLA lawyers. Since this July 2016 video clip CLA has achieved several more victories for EU timeshare clients – 65 Supreme Court victories to be exact as of October 4, 2017. Watching this video for the first time, I remember thinking if Cristina ever decides she doesn’t like law, she could find a job in the motion picture industry.

http://www.canarianlegalalliance.com/cla-latest-updates-video/

Timeshare today seems to have lost all sense of direction. True, we hear primarily from the disgruntled, but developer lawsuits flying back and forth between timeshare developers and transfer agents has left many timeshare members in a state of confusion. Who do you trust?

I trust CLA and am honored to have been asked to have my Inside Timeshare articles featured on the new CLA International website with Charles webmaster of the news tab. Our Diamond Resorts member sponsored Advocacy Facebook administrator and Economics Professor Michael Nuwer and Australian Contributor Justin Morgan submitted their comments for this article about the Apollo Global Management buyout of Diamond Resorts.

http://clainternational.ae/2017/09/28/who-is-apollo-what-is-apollo-two-diamond-member-consumer-advocates-offer-their-opinion/

Timeshare members need help. It has been widely reported many aging baby boomers (like me) are desperate to be released from timeshare. Some timeshare companies have launched surrender programs, like Wyndham’s Ovation program, but the vast majority of members contacting Inside Timeshare succumbed to high interest rate loans and credit cards. Thus, they are not eligible for voluntary surrender programs. Often they are forced into foreclosure. The problem is exacerbated when the member alleges they were deceived into buying a timeshare or upgraded for maintenance fees relief or buy-back programs that do not exist. Out of 157 complaints received (as of October 4), 143 allege deceit on the front end of the sale. The others can’t afford rising maintenance fees.

From our humble beginnings, as more members started helping other members, we called ourselves Timeshare Advocacy Group™ as members turned anger and disbelief into action and advocacy. Timeshare Advocacy Group™ started as an afterthought. A former timeshare sales agent contacted me and said they wanted to do a press release in Arizona. We needed a place where readers could respond.

Irina Allen stepped up to the plate. She is our Facebook page administrator.

admin lady new

Irina (Irene) Allen purchased over $500,000 worth of timeshare points to share with family, friends and clients. On the advice of a sales agent, Irene opened a RedWeek account and posted one ad to rent some of her points. She gave up this idea after she never got paid for the rental. Rentals are not allowed, according to company rules, but there are hundreds of rental ads anyway. She also was accused of opening an Airbnb account. Irene says she has never had an Airbnb account. She was expected to pay $2,400 per month in mortgage payments and $29,000 in maintenance fees for a year while her account was suspended. Resorts are exempt from the rule for promotional purposes. Thus, the resort was able to rent out Irene’s points at Irene’s expense.

At Timeshare Advocacy Group™ members also help members with regulatory filings and media outreach. We have Wyndham, Bluegreen and Diamond members working alongside former Hyatt, Westgate, and Diamond timeshare sales agents in an effort to reform an industry badly in need of reform. In addition to timeshare members, other Advocates, like blogger Lisa Ann Schreier, lend their support. Lisa Ann and Charles are both former timeshare sales agents.

In America, it’s not easy these days for opposing sides to talk to each other, but every once in awhile there is a glance of a Republican sticking their toe over to the Democratic side of the aisle. It is our hope there will be a day when developers will take the time to listen to what critics have to say instead of only focusing on ambulance chasing unscrupulous transfer and listing agents. It is my belief, until the deception on the front end of the timeshare sale is acknowledged and addressed, the court of public opinion is the only court open for the beleaguered and often financially devastated timeshare member learning their contract is perpetual and the secondary market limited at best. For some timeshare companies, there is no secondary market. What other investment or product exists that holds the buyer of a product hostage?

Charles Irene

Charles is winging his way to America tomorrow, so let us know if you will be in the Orlando area October 8 – 12. Or, let Charles know the next times you happen to be on Gran Canaria in the Canary Islands.

I am a former stockbroker and financial planner. After I retired from the brokerage business, I became a CASA Supervisor, writing court reports for Family Court on behalf of children in foster care. I have always had a problem turning my back on anyone who considers themselves a victim. There are many ways to volunteer time in retirement. Join us in our efforts to enhance timeshare accountability and transparency.

http://insidetimeshare.com/what-a-volunteer-does-for-nothing/

globe

That’s it for this week, tomorrow will be a long day as it is Gran Canaria, Madrid, Miami then to Orlando. I know Irene and Don have set aside a couple of days to show me some of the sights, so it will not be all work and no play!

We will however be trying to publish some articles while over there, so keep an eye on these pages.

Have a great weekend

cartoon-airplane

First Monday of October

Welcome to the first Monday of October, if last month was anything to go by, we think that this month is going to be rather busy. Inside Timeshare will be travelling to the US at the end of the week, while there we will be meeting with our US colleagues all arranged by Irene Parker. It should prove a very interesting trip, we also hope to carry on publishing while there.

Before we continue, Irene has sent the latest update from the US on the atrocity committed in Las Vegas, the toll has risen to 50 dead and over 400 wounded. Inside Timeshare on behalf of all our readers send our sympathies to those bereaved and wish the very best and a speedy recovery to those injured. You are in our thoughts. It is a sad world we live in today and this makes our timeshare problems seem paltry in the light of these events.

with you

Last Month, we highlighted several new “claims” companies, along with the new incarnations from Litigious Abogados, no doubt there will be many more coming to light as the month progresses. We are just wondering on what the new names will be?

Over the last month we have had many emails on the articles published, especially on the fake firms, but many from the US who have watched our midweek reports and Friday’s Letter from America.

The US readers have all identified with many of the stories published, these have been passed to our Advocates who then make contact. Many of the stories are very similar, all revolving around the overselling of points and the use of the Diamond BarclayCard. It is frightening to see how many of these readers are elderly and how they are being treated by unscrupulous sales agents. Things do need to change.

Last week Canarian Legal Alliance sent in several of their latest court victories, some arrived after publishing.

On 26 September, we published their 61st win at the Supreme Court, since then there have been two more bringing the total to 63! Details have yet to be published.

They finished off last week with two more victories on behalf of their clients, the first was at the High Court Number 4 in Fuengirola, Malaga.

This was against Petchey Leisure, the contract was declared null & void, again it was in contravention of law 42/98. In this ruling the court declared that the contract did not specify certain information required by law when the contract was signed and issued. These specifics included, lack of information such as date time and location, which should be clearly indicated in the terms and conditions. The court awarded the client over £14,000 plus legal fees and legal Interest.

Just to end the week on a high note, they also announced another ruling against Silverpoint in Tenerife. The High Court Number 3, once again declared the contract null and void, awarding the client over £39,000 plus legal fees and interest.

In this ruling the judge used the timeshare law 42/98 regarding the length of the contract, which must be no longer than 50 years and must be clearly stated in the terms and conditions.

In today’s press release, they announced a verdict from the Court of First Instance in maspalomas, this was against Palm Oasis (Tasolan).

The German client has been awarded the return of 31,220 German Marks (yes you did read that correctly, it was purchased before the Euro). They have also been awarded maintenance fees and legal interest, with the contract being declared null and void.

So that is the start of this week, it just remains to be seen what other news come to light as the days pass.

It only goes for us to say as usual, be careful on who you do business with, if you do not know how to check out the validity of a company, contact Inside Timeshare and we will point you in the right direction.

 

Timeshare Foreclosure

In yesterday’s article “Start the Week”, we had a look at the resale market in Europe, or the lack of it. We highlighted one resale company Fab Timeshare Resales, who specialise in Marriott resale. The prices advertised on their website started at a paltry 1000€ or $1,180 for a timeshare which starts at 17,000€ or $21,000 according to the Marriott website.

Today Irene Parker looks at the growing problem in the US of foreclosure and defaults, which may just be partly due to the lack of the resale or secondary market, but first a little more news from Europe.

here we go again

Last week in Friday’s Letter from America, we published the news released by Canarian Legal Alliance on their 60th Supreme Court ruling. Yesterday they announced another, which is now 61!

In this ruling it is yet again the Tenerife company Silverpoint, which bring rulings from Spain’s Highest Court against them to 22. The judges in this instance ruled the contract null and void with the return of over £43,000 plus legal fees and legal interest. We are still waiting for the actual infractions of the law to be released, but going by past judgements it will more than likely be the duration of the contract being more than 50 years.

alert

On the “scam” front, mindtimeshare have again highlighted another rather clever little ploy coming out of the Costa del Sol. This company is called Joint Returns Legal Consultants, who have apparently been appointed by the High Court to inform consumers that a case has gone through and the court is now holding money to be returned.

Obviously as with all these “scams”, there is a “TAX” to be paid and the “gentleman” on the phone going by the name Peter Sanchez, send emails confirming the story with letter headings from “Agencia Tributaria”. All this along with confirmation from the BBVA (Bank) and a Notary it all seems very plausible.

Telephone numbers:

Tel.: +34 632844887. Fax: 0872 113 1069

Email [email protected]

This really does go to show some of the lengths these people will go just to get your money, we have said this before and we will continue to issue the same warning.

THE COURTS DO NOT APPOINT PRIVATE COMPANIES TO INFORM CONSUMERS THAT MONEY IS BEING HELD. THERE ARE NO CASES AT COURT UNLESS YOU HAVE INSTIGATED THEM YOURSELF. DO NOT PAY ANY MONEY ESPECIALLY BY BANK TRANSFER TO AN INDIVIDUAL.

Now for today’s main article from Irene.

Timeshare Foreclosure

Is it survivable?

graph

By Irene Parker

September 26 2017

Inside Timeshare received five more complaints over the weekend. This makes over 150 timeshare complaints received. The rise in timeshare default rates reported by bond rating agencies and the lawsuits that have ensued as timeshare developers try to stop the flow of “Cease and desist” letters prove we are not imagining a crisis.

  1. Would you buy a house you could not sell?
  2. Would you buy a boat or car you could not sell?
  3. Would you pay $25,000 to over $500,000 to join a country club you can’t quit?

According to Bankrate

Avoid developer financing

Lenders won’t mortgage a time share because they haven’t been successful in resales or in their valuation, says Patricia Hayhurst, mortgage consultant for Capital Bank in Coral Gables, Florida. “They are considered high-risk lending.”

http://www.bankrate.com/finance/loans/timeshare-loans-primer.aspx

Our own Lisa Ann Schreier was quoted in the article.

“Most (consumers) I hear from are using the developer’s financing as they are unaware of any other alternatives,” says Lisa Ann Schreier, founder of the consumer consulting company Timeshare Insights in Clermont, Florida. “If a consumer can obtain a personal loan (elsewhere) for the time share, the interest rate can be significantly lower as typical developer financing runs 15% to 19%.”

The problem is this is how sales are made. “When you get home, get a home equity loan,” is a common suggestion as it gets the developer off the hook once the buyer realizes they cannot afford the timeshare. Rather than sign off on a high interest rate loan on the spot, demand that you have time to check with your bank or credit union to find out if such statements are true and if you qualify.

Financial journalist Robert Shaw in his 2016 Seeking Alpha article, “Does timeshare need a millennial act to attract new buyers?” questions the industry’s over reliance on upgrading or up-selling existing buyers.

Since an existing owner is familiar and already pleased with the product, sales to existing owners are typically much easier to close. It is hard to visualize an existing owner who is totally dissatisfied with their current ownership sitting through a 90-minute sales tour.

sales pitch

Based on the accounts heard by those reaching out to Inside Timeshare, the reason the upgrade is easy to close, is because of deception on the front end of the timeshare sales, offering buy-back and resale programs that do not exist, or ways to offset maintenance fees to those already financially burdened that do not exist.

Mr. Shaw also feels timeshare is no longer sold as an investment. Yes it is. Buy now because the price is going to double refers to the retail price, not the resale price, yet over and over we hear this repeated as the reason the member purchased additional points. Not one member who has contacted Inside Timeshare realized their contract was perpetual and there was no secondary market.

Timeshare is definitely not a real estate investment and apart from the occasional overzealous sales associate, timeshare companies long ago stopped pitching it as such an investment. Yet, its lack of being a real estate investment may make it less attractive to newer, younger buyers who are wanting value and the ability to sell it when they no longer want or need it.

https://seekingalpha.com/article/3991819-timeshare-need-new-act-attract-millennial-buyers

At least Mr. Shaw questions the concerns expressed by timeshare insiders. Most financial news services merely want to justify the buy on the stock price.

The Foreclosure process is gruesome. There will be threatening calls and the hit on your credit score. We are not attorneys and cannot give legal advice, but the Nolo article about timeshare foreclosure is one of the best articles I’ve read on the subject. Many have tried to resolve issues with their resort, but the oral representation clause reigns.

http://www.nolo.com/legal-encyclopedia/options-avoid-timeshare-foreclosure.html

A good number of those reporting back to us that their resort will not cancel their loan, despite alleged deception on the front end of the sale, has led to many indicating they will not be paying their 2018 maintenance fees. They have no choice because they cannot afford the timeshare. Do not respond to the ads appearing when we publish our articles asking for upfront money to get you out of your timeshare.

I question how the industry can survive. Almost all of the members contacting us have children and grandchildren. Although there is a bit of a role reversal with several parents telling us, “We haven’t told our kids about this”, many have, and those children and grandchildren want nothing to do with the timeshare product once they learn their parents were deceived into buying it.

Please continue to report your grievances. In the book The Burglary by former Washington Post reporter Betty Medsger, describing the break-in at the FBI office in late 1970 that led to the exposure of J Edgar Hoover’s illegal surveillance tactics, led by a Haverford College physics professor at the Media, PA FBI office.  Gloria Steinem wrote as a testimonial:

“Ordinary people have the courage and community to defeat the most powerful and punitive of institutions.”

Timeshare today is broken. When sales agents can lie and laugh about it, at the expense of the young and the old, financially devastated by their vacation plan, something is very wrong. Lawmakers, heavily influenced by the industry, don’t seem to care because timeshare buyers don’t typically buy a timeshare in the state they live in. Attorneys General try to protect the public, but the settlements achieved are mere speed bumps in extraordinary revenue streams.

Add your voice to the growing number of timeshare members who have had enough. Contact Inside Timeshare or one of these self-help groups if you have had enough of the hamster wheel called timeshare sales if deceit has been used to sell the product, foreclosure to retrieve it, and resale at full price to continue the never ending process.

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

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

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

green advocacy

 

So there we have it, no resale or secondary market equals foreclosure, what a state of affairs.

In Europe we are seeing the proliferation of the bogus claims companies, these are playing on the desperation of those who want out but are unable to do so. It may be the resorts or developers will not allow them out, it may be they are unable to sell due to no market, it used to be bogus resale companies that took owners for thousands, how times have changed or have they?