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The Tuesday Slot with Irene

Welcome to the first article of the New Year, as the holidays are just coming to a close there is not a lot of news to bring. This will no doubt change over the next few weeks, when we begin to receive emails and questions on the myriad of companies that will be starting their New Year campaigns.

As usual we warn all our readers to be careful before engaging with any company that contacts you, especially with news that your timeshare resort is being taken to court (with the director pleading guilty) and you can also be part of this for a small fee.

Some basic points on the subject of claims, unless you purchased your timeshare in Spain after January 1999, you will not have a claim in the Spanish courts. If you have been offered a no win no fee claim, beware that it does not entail a large fee to relinquish your timeshare or even the purchase of another product, such as “Lifestyle Credits”. These no win no fee claims are usually the enticer, the promise of large sums to be returned, then it turns out it is a frivolous claim under Section 75 of the Credit consumer Act 1974.

Over the next few weeks we should be receiving the news from the Crown Court in Birmingham on the sentences for Dominic O’Reilly and Stephanie O’Reilly of EZE Group. If you remember they pleaded guilty to charges of Aggressive Sales Practices and Coercion, contrary to The Consumer Protection from Unfair Trading Regulations 2008.

Another group of companies are also subject to investigation from Trading Standards and could also be facing criminal charges, these are the companies of Mark Rowe, which include ABC Lawyers. At the beginning of December it was announced that several enterprises had been raided, with employees being questioned and documents seized for further investigation.

We will be keeping an eye out for any news on these and will bring you the news as it comes in.

Now for the first article from Irene Parker for 2018.

Timeshare Advocacy Group™

Plans for the New Year

By Irene Parker

January 2, 2017

  • Boost our media outreach group
  • Boost our legislative outreach
  • Boost our active duty and retired military outreach group

Inside Timeshare published many Nightmares on Timeshare Street articles in 2017. All were written or submitted by highly educated professional people. In 2018, will timeshare developers continue to hide behind the oral representation clause, or will they instead consider their customers might be telling the truth?

Timeshare Advocacy Group™ ended 2017 with a total of 260 timeshare complaints of which 245 alleged they were sold by deceit and bait and switch. The other 15 could not afford the timeshare. Members contacted us through Inside Timeshare or one of the U.S. self-help, member supported Facebooks posted at the end of this article. Many complain they had responded to unsolicited marketing calls asking if they wanted out of their timeshare only to learn the money they paid was lost.

Timeshare developers are beginning to listen. Wyndham now offers a surrender program called Ovation and Diamond Resorts announced just last week a surrender program called Transitions. Inside Timeshare has already received several questions from readers about Diamond’s Transitions program. We will be reporting on our readers’ transitions experience in 2018.

Legacy resorts are those that are sold out, free standing, deeded weeks. Liberté Management Group of the Pinellas Islands, Inc. announced TARS, a “limited deed, limited fun” exit plan will be operated as a subsidiary of Liberté and will be jointly headquartered in Treasure Island, Florida. We will continue to follow TARS in 2018.

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

Unfortunately, the majority of our readers are saddled with high interest rate loans, thus not eligible for a voluntary surrender program. It’s important to remember transferring to a lower interest rate loan through a third party lender is not advised, according to timeshare attorney Mike Finn of the Finn Law Group. When transferring to a third party lender, the money in questions is no longer between you and the timeshare company. According to Mike,

Another tremendous and informative article! I think the one major, major admonition I have for anyone, client or not, who has purchased a timeshare with developer financing and may want to reconsider the merits of the purchase (and, of course, assuming the rescission period has passed), do not, I repeat, do not under any circumstances, attempt to re-finance the purchase via a home equity line or a transfer to a lower interest credit card, or, for that matter any other methodology that has as its objective, re-paying the developer with other third party money.

http://insidetimeshare.com/the-tuesday-slot-2/

Also, anyone buying a timeshare should look to see if their contract contains an arbitration clause. We advise timeshare members exercise their right to opt out of arbitration within the allotted time available to opt out.

To start 2018 off on a positive note, this is an article Inside Timeshare published back in July about a company we firmly endorse, ruled by a bunch of little critters.

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

What does Disney Vacation Club do other developers don’t that almost eliminates complaints? The reasons are detailed in the article, but in my opinion, it is mainly because Mickey allows and supports a secondary market.

Think about it. What if the primary residential housing market decided you could not sell your personal residence. Inside Timeshare has received complaints involving amounts up to, and on occasion exceeding, $500,000. This is easily the cost of a home. Timeshare companies tell us to think of our vacation points as a second home and they always greet us when we arrive, “Welcome Home!” Not being allowed to sell your home would devastate the housing market, and in our opinion, is destroying timeshare today. Out of 260 reader responses, not one knew when they purchased their timeshare, the limited or sometimes lack of a secondary market.

We have forged remarkable relationships with many of our readers, some who have moved on, having signed a non-disclosure agreement agreeing not to say anything negative about their resort, or were subjected to an arbitration ruling that was private and binding. In this way Inside Timeshare provides a voice for the voiceless when victims of white collar crime, financial institution fraud, are effectively silenced and isolated.

It’s easy to get discouraged, but Inside Timeshare and advocacy groups have made remarkable progress. So we soldier on into the New Year.

Contact Inside Timeshare or one of these U.S. member supported self-help groups if you have a timeshare concern. We’re here to listen and act, going a step beyond helpful posts.   

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

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

https://tug2.com/Home.aspx

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

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

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

If you have any questions or comments on any article published, contact Inside Timeshare, if we don’t know the answer we will find out for you. If you require any information about any company that you may be thinking of doing business with, but need to find out about them first, get in touch and we will point you in the right direction.

 

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

 

Timeshare Debt: A Growing Problem

Many people have found themselves in financial difficulty due to huge finance agreements sold to them by the timeshare sales staff and the ever increasing maintenance payments. Usually this is down to a change in circumstances, either from illness, loss of a job or a change in jobs resulting in a severe cut in wages.

Some who are in arrears in maintenance have to this stage because they have listened to bad advice, “Just don’t bother paying they won’t do anything, that’s what I did”. Others because they believed their timeshare had been transferred by a company they paid, only to find that either the timeshare resort does not recognise the transfer or it was never done.

Those who were taken in by Incentive Leisure Group and Designer Way Vacation Club are all too familiar with this scenario.

Timeshare companies will sell the debt to a collecting agency, they will hound you and threaten court action, which is why many end up paying it.

In this article from Irene Parker she explains the problems in the US, it may just sound very familiar to our readers in the UK.

Timeshare Debt Collection

Life after Foreclosure

foreclosure

By Irene Parker

May 30, 2017

The flood of Inside Timeshare reader responses concerning timeshares and what to do when your resort denies your release, request for refund, or loan cancellation has been eye-opening. We have heard from a surprising number of timeshare members in their 60s and 70s with high US credit scores around 800 considering foreclosure for the first time in their life.

Out of 58 formal complaints and request for relinquishments filed in the US and EU, 42 allege they were victims of deceit and bait and switch. The remaining 16 requested relinquishment. Voluntary surrenders or “take back” programs are evaluated case by case. Some of the 42 members were offered surrenders but could not tolerate the non-disclosure agreement, especially the clause that states the member cannot say anything negative about the company. They wanted refunds if they felt they were deceived or a victim of a bait and switch.

We should not harp on the elderly being targeted. At least a third of the approximately 80 timeshare members who have contacted Inside Timeshare are 40 years old or younger. The youngest was 19 and pregnant when she signed a timeshare contract after a six hour presentation.

Continuing on after the 3Rs or F of timeshare we previously reported on –

Resolution

Relinquishment

Refund

Foreclosure

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

We move on to the cheerful calls from the debt collectors and what happens during the foreclosure period. The shortest timeshare debt collection period seems to be 60 to 90 days and the longest 180 days. If a timeshare company is worried about reporting a high default rate to the investment community, one way to lower that statistic is by lengthening the debt collection period.

It’s been surprising to learn how many of those in timeshare trouble are financing a vacation at a 12% to 19% interest rate. The emphasis in a sales presentation is on the low monthly payment. If someone does think to ask, “At what interest rate?” typically the answer is, as in the sales presentation I attended, “Don’t worry, when you get home you can get a home equity loan.”

An instant credit card is often used to finance the timeshare down payment. When you buy a house, there’s a reason why banks won’t let you borrow the down payment. That reason doesn’t go away when you buy a timeshare for $20,000 to sometimes over $100,000, but credit card companies and lending laws have helpfully aided and abetted timeshare lending.

I have come to the conclusion placing credit card applications in the hands of a thousand timeshare sales agents is like sending a thousand three years olds into Toys R Us unsupervised. Inside Timeshare has published several timeshare lending “Nightmare on Timeshare Street” articles. There have been so many it has turned into something of a series authored by our readers.

Once again, I turned to the Finn Law Group Learning Center to better understand timeshare debt collection.

Timeshare attorney Mike Finn agreed with my assessment concerning overzealous timeshare lending cramming third party loans into the deal. “An additional point to be made in this regard is that their efforts are contrary to Federal law (Truth in Lending Act (TILA), which requires the new debtor to receive in writing PRIOR to the loan being funded a written summary disclosure statement summarizing the deal points. This procedure is never ever followed by the timeshare industry and why the practice is permitted is beyond my grasp.”

        http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

“Timeshare buyers need to think beyond the down payment and loan payments. “Maintenance fee rates may far exceed the annualized cost of inflation,” Mike added.

“To make matters worse, resorts sometimes categorize timeshare loans as “mortgages”.” What this means is that if you stop making payments on your loan, it may be reported to the credit bureaus as a mortgage foreclosure. Many resorts try to pick the category that does the most damage to the consumer.

Finn Law Group helped timeshare owners settle a class action lawsuit against Bluegreen Corporation. Experian Information Solutions, Inc., and Equifax Information Services, LLC in Best and Snapp, et al. v. Bluegreen Corp., et al.

The plaintiffs alleged that when they were delinquent, Bluegreen sent a series of letters advising them that they were terminated from the Bluegreen Vacation Club and the status of their accounts may be reported as foreclosures to the credit agencies in violation of the Fair Credit Reporting Act and Florida debt collection laws. While the companies did not admit liability, the more harmful “foreclosure” category was deleted from over 11,000 individuals’ credit reports, replaced with the less damaging “settled for less”.

First and foremost, avoid timeshare transfer agents offering a “guaranteed” release in exchange for an upfront fee which can easily run into the thousands. Our previous interview interviewing an HOA Collection agent tells why.

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

Consumers need to be wary of television celebrities like popular financial expert Dave Ramsey, paid to endorse timeshare transfer companies with lofty sounding names. Some of these transfer agents may be legitimate, but heed the warning of our HOA collection agent above. Lisa Ann Schreier, author of Timeshare for Dummies, also explains why:

http://thetimesharecrusader.blogspot.com/2016/11/an-open-letter-to-dave-ramsey-and-laura.html

According to Mike Finn, bankruptcy is a worst case solution.

http://www.finnlawgroup.com/learning-center/mortgage-after-bankruptcy-timeshare

“Timeshare consumers can face a steep financial burden which can lead to a ruined credit score, and, in some cases, the need to file for bankruptcy. For more on the complexities of what happens to your timeshare and timeshare debt in bankruptcy, we encourage you to read on over at NOLO or The Bankruptcy Site,” said Mike.

http://www.nolo.com/legal-encyclopedia/can-timeshare-be-foreclosed-nonpayment-fees-assessments.html

“Failure to pay timeshare loans before bankruptcy can be reported to credit bureaus as delinquencies or even foreclosures, both of which can negatively impact your credit and make it extremely difficult to secure the 580 credit score that the FHA requires for its low down payment advantage.”

So if you are in this situation, what’s next? What can I do to save my credit score?

chains

Sun Trust Bank offers these words of hope and encouragement

http://www.bankrate.com/finance/real-estate/debt-collector-demands-huge-fees-on-past-due-time-share.aspx

“Now, if you were deceived or otherwise legally abused in the purchase, you can file a complaint against the seller. Each state has a different process so you’ll have to contact your state’s attorney general to determine the jurisdiction. Have a narrative of your complaint and a copy of your contract when filing. The agency will contact you if it finds a valid violation of real estate statutes (or sometimes banking statutes), especially if it involves deceptive sales practices. Collectors must legally back off in such under-dispute cases, though many don’t.”

“By the way, consumer complaints about abusive debt collectors have nearly tripled in less than a decade, according to the Federal Trade Commission. They’re exceeded only by identity-theft cases, says the FTC, which has sued about 200 collection companies since 2010. Many have been banned from doing business. “

The Consumer Financial Protection Bureau offers this helpful advice concerning what a debt collector can and cannot do.

https://www.consumerfinance.gov/askcfpb/329/are-there-laws-that-limit-what-debt-collectors-can-say-or-do.html

consumer

Our Advocates are here for you if you are concerned about your timeshare. By accumulating a volume of timeshare accountings, we can better recognize patterns of deceptive and predatory lending practices. The following Facebook was launched by Diamond Resorts members working with the company to resolve member issues.

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

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

Inside Timeshare thanks Irene for this insight into the problems of debt and also Mike Finn if the Finn Law Group for his legal contribution.

As for the goings on at Los Claveles, there is at present no confirmed news about Carol Parkinson the Owners Committee President, when we get confirmation of what is happening we will publish here.

If you have any comments about any article published we would like to hear from you, your contributions are welcome. Also if you require any information about any company that you have had contact with, but are unsure how to check them, Inside Timeshare will point you in the right direction.

$1billion Law Suit against Diamond Resorts International!

Spain has been at the forefront of enforcing timeshare laws in Europe, so far the Supreme Court has made 42 judgements in favour of the consumer, these are now part of law and all courts must abide by them.

It has cost the industry millions of euros in payouts with many more in the pipeline. All this because for years they have ignored the laws put into place in 1999, which are there to protect the consumer.

But this now pales into insignificance with the latest lawsuit in America.

In a class action filed in Las Vegas, Diamond are being sued for $1billion. Yes, that is correct a whopping $1billion!

Irene Parker has sent in this report on what this lawsuit is all about.  According to this document a trial by jury has been demanded, along with the law firm leading the action who have a very good reputation, it has the hallmarks of a long and fierce battle.

According to our sources this lawsuit is not just for those in the US, but it could possibly be left open for Europeans who purchased in the US to join the action, especially any purchaser who was 60 years or over when signing. We are waiting confirmation of this as there may just be statute of limitations in place.

But this could be good news for many.

Billion Dollar Lawsuit Filed against Diamond Resorts International

Law Firm: Albright Stoddard Warnick & Albright

Case No. 2:17-CV-00248

Filed in Las Vegas Federal District Court

By Irene Parker:  February 1, 2017

Lawsuit

 The law firm of Stoddard Warnick & Albright filed a billion dollar lawsuit against Diamond Resorts International January 29, 2017. The lawsuit alleges Diamond Resorts (DRI) ensnared thousands of elderly consumers in its deceptive and fraudulent scheme to sell points-based timeshare memberships.

According to the complaint, which was filed on behalf of lead plaintiffs Ilona and Lester Harding, along with thousands of other elderly consumers, buyers typically spent tens of thousands of dollars or more for upfront Membership fees and upsold Membership levels. Memberships were accompanied by hefty annual assessments that continue in perpetuity.

Several plaintiffs were named in the lawsuit. Among those named:

Of particular note to Diamond Resort Owners is the absence of any “collection” except the US collection. Other Diamond Resort collections not named in the lawsuit include Hawaii, Premier Vacation Club, California and Monarch Grand Vacations Collections.

Former CEO David Palmer served as President and/or Director (and sometimes as both) for at least six of the Defendant entities; Jared Finkelstein serves as Secretary and/or Director (and often both) for at least six of the Defendant entities; and Lilian Luu serves as Treasurer and/or Director (and sometimes both) for at least six of the Defendant entities.

The law firm Albright Stoddard Warnick & Albright is one of the oldest law firms in Nevada, in existence for 40 years. According to the firm’s website, they have represented clients in many high profile and complex bench and jury trials in Southern Nevada, in both state and federal court, representing contractors, lenders, and owners on large commercial projects. The firm successfully defended a general contractor in a bench trial, which lasted intermittently for well over a year, arising out of the construction of a major Strip hotel. At the time, it was the longest bench trial in Clark County history. Included among the firm’s numerous institutional clients are American Express, Wells Fargo and Hard Rock Café International.

According to the complaint, the lawsuit alleges the elderly were targeted because of their vulnerability and time available to travel. Elderly is defined as anyone 60 years or older at the time of purchase. The elderly were induced to purchase vacation memberships in a same day sale without being advised as to the lack of a secondary market by intentional design. Memberships were accompanied by, at times, dramatically escalating maintenance fees.

Inside Timeshare has written numerous articles supporting such claims.

cartoon IreneCartoon Charles

 

 

 

 

 

 

 Mr. Ralph Marbles, an elderly buyer diagnosed with a medical condition shortly after purchase, but denied a surrender until the television reporter contacted the company. Mr. Marbles’ maintenance fees increased from $200 a year to $684.

While Diamond Resorts boasts that 70% of sales come from existing owners, there are thousands of complaints filed by existing owners, as detailed in previous Inside Timeshare articles. In addition, existing owners are often encouraged to purchase additional points as a way to reduce maintenance fees through a non-existent buy-back program and are not told points are worth only pennies on the dollar when used to pay maintenance fees. The Saldana and Olds families are cases in point.

http://insidetimeshare.com/call-change-us-timeshare-industry/#more-1397

I have intervened on behalf of several families whose financial lives and retirement savings were decimated by their Diamond Resorts vacation plan. The Hurleys are a retired Canadian army family currently working with Diamond Resorts Consumer Advocacy in the hope of saving 40 years of retirement savings representing their entire life savings.

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

As a result of the Arizona Attorney General’s $800000 settlement and “Assurance of Discontinuance”, Diamond is rolling out a new Clarity (™) program that seeks to address deceptive and fraudulent business practices that the Arizona Attorney General alleges violated the Arizona Consumer Fraud Act.

http://insidetimeshare.com/opcs-europe-usa/#more-1518

It’s not all doom and gloom though!

fourmen

I have recruited, well drafted, several of those I have helped to pay it forward by becoming Appointed Special Timeshare Advocates (™) as a bridge between their vacation nightmare and resolution. We are working with the newly formed Diamond employed Consumer Advocates. Already, we have achieved positive outcomes, or at least provided straight answers, for what an owner can and cannot expect.

Not resolved are the plight of high volume owners whose accounts have been suspended or issued a “cease and desist”. For years these owners were encouraged to buy upwards of 100000 to 200000 vacation points in order to be able to rent out enough points to cover maintenance fees. In recent years points have sold from $2 to $4 per point. Changing rules and regulations and acknowledgement forms signed in an upsell have eliminated rights contained in their original contracts. Irina tells of her vacation nightmare:

http://insidetimeshare.com/timeshare-news-across-atlantic/

That about covers the first 20 pages of the 55 page complaint. There’s only so much vacation burden a writer and reader can handle at once.

“Diamond Resorts is still looking into the facts surrounding the lawsuit; therefore, it has no comment at this time,” according to DRI Public Relations spokesperson Maya Pogoda.

Contact Inside Timeshare if you’ve had a positive or negative vacation experience you would like to share.

Would love to hear from you!   telephoneman

 

So there we have it, a huge battle is about to take place in the world of timeshare. This is one story we will be keeping a very close watch on, although it may be some time before the trial actually takes place. The wheels of justice are slow to turn.

NEWS JUST IN!!!

CLA Logo

Canarian Legal Alliance has just informed Inside Timeshare of yet another Supreme Court judgement, this is against Silverpoint / Resort Properties. That makes 5, yes 5 rulings in against this company in under 2 weeks.

The British client has been awarded over £62,000 including legal fees and legal interest. We believe this ruling covers lack of information in the contract, perpetuity and once again the client is recognised as a consumer not an investor.

If you have any questions regarding any article published or about any company you may not be sure about, contact Inside Timeshare and we will be please help.