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Friday’s Letter from America

Sell My Timeshare Now Exploits Inside Timeshare’s Name

INSIDE TIMESHARE IS NOT IN BUSINESS WITH

SELL MY TIMESHARE NOW and does not endorse SMTN

Sell My Timeshare Now has plagiarized Inside Timeshare’s name by using the keyword search words INSIDE TIMESHARE RESALES AND RENTAL on this link.

http://ww2.sellmytimesharenow.com/timeshare/Inside/vacation/

29 June. UPDATE TO TODAY’S ARTICLE: Today’s article was published because SMTN ignored, until today, our request  to remove Insides Timeshare from their headline and internet search words, “Inside Timeshares Resales and Rentals” 
Just today we notice Inside Timeshares has been removed, but we keep this article posted to remind timeshare members to check  with a licensed timeshare resale broker before paying anyone upfront money to list your timeshare. They can get you an accurate assessment as to whether your timeshare has any secondary market value. They charge nothing upfront to list a timeshare.   

We had previously pulled two timeshare members’ articles after Sell My Timeshare Now (SMTN) refunded the members their money. Both members owned a timeshare widely reported as having no secondary market. There are few, if any, licensed timeshare resale brokers that will even accept a listing for the timeshare these members owned.  SMTN charged the families $1500 to $1700 to list their timeshare points, only to see the listing stagnate over the next year.

Reviewing a report from a few months ago, submitted by a timeshare member who had been solicited by SMTN, I noticed a quote the member provided from SMTN agent Richard Salzenstein. The member said Mr. Salzenstein agreed that her timeshare had no secondary market, but declined to answer why SMTN continues to accept listings for this company.         

Timeshare members solicited by SMTN threatened to file regulatory complaints accusing SMTN of offering real estate advice without being a licensed real estate agent, because both members said SMTN assured them they had listed at a good price. After checking with a timeshare insider, I was advised that this could be considered acting as a real estate agent without being licensed. SMTN agents are not licensed real estate agents. When the timeshare members threatened to file complaints, SMTN refunded their money.

As a courtesy, when a timeshare member approaches us about an article, we send a draft of the article to the company, hoping the company can resolve the dispute. Inside Timeshare would always rather see a member helped than publish an article. If the key words are not taken down, Inside Timeshare will direct readers to the New Hampshire and Florida Attorney General’s Office where SMTN is domiciled or operates as well as state real estate licensing commissions.    

Sell My Timeshare Now is not a scam, because there are timeshares with resale value. The company can make plenty of money listing timeshares points of companies like Hilton, Marriott, Disney, Starwood and Hyatt that do have some secondary market value.

SMTN is not Ebay or Craig’s List. SMTN advertises that they are knowledgeable of the timeshare industry and are a resource for timeshare members. By accepting listings for timeshares known to have virtually no secondary market, SMTN is harming beleaguered timeshare members already financially stressed.

June 29, 2018

By Irene Parker

If any timeshare members wishes to sell a timeshare they should check with a member of the Licensed Timeshare Resale Broker Association. They charge nothing upfront. We have often referred timeshare members to LTRBA.

http://www.licensedtimeshareresalebrokers.org/

This is the member’s report from the article we previously pulled:

I responded to a Sell My Timeshare Now (SMTN) solicitation. I had been trying to get rid of my timeshare points for years. I wasting $1600 by listing with SMTN, I was relieved to find a member sponsored Facebook page where I learned the company had launched a voluntary surrender program. We applied for the program and were accepted. We were able to avoid the painful collection calls that come after the member stops paying maintenance fees. 

Nikki Salvador of We Buy and Sell Timeshares recommended SMTN.

My SMTN listing agent explained that the upfront money charged is not a commission. In addition to the listing fee of $1,600, Maria quoted $800 to $1200 estimated for attorney fees should the points sell. I listed the points for around $14,000. Any knowledgeable member of this company knows this is a ridiculous listing price for my points, given the number of members on Facebooks and websites seeking to give away this company’s points.

Maria assured me demand for my points is high. I started inquiring about inactivity since we had not heard anything. Maria said, “People are looking at it. The price is good.” By advising a price, and advising me our price is good, I learned Maria was acting as a real estate agent without being licensed. I dropped the price to $12,500. Nothing happened. The timeshare points are worthless.   

SMTN still retains their Better Business Bureau rating of D.

https://www.bbb.org/concord/business-reviews/timeshare-resale-and-rental-marketing/sell-my-timeshare-now-in-portsmouth-nh-92008632

SMTN has been sold twice since 2010. Scott Roberts is the owner of Vacation Innovations and SMTN is a wholly owned subsidiary of V.I.

Accepting upfront money to sell a timeshare is illegal in some states like Florida, but it seems companies can work around the law by calling it an ad or subscription fee, or a market analysis.

After receiving our first SMTN complaint, I called SMTN and talked to Mike. The first question I asked Mike is, “Can I rent my points through SMTN?” Mike said renting my points is no problem. When I informed him this company does not allow the renting of points through a third party site like SMTN, Mike said he would have someone from legal call me. I did not hear back. I offered to email Mike the rule from the member handbook.

According to Better Business Bureau files,

Sell My Timeshare Now, LLC

This company has a pattern of complaints that centers around the company’s advertising claims. Complainants allege they are guaranteed a time frame in which their timeshare will sell. Many consumers allege the company makes a promise that their timeshare will sell quickly. The company responds to the complaints and reiterates the company policy which reads the company does not guarantee when a timeshare will sell.

On March 23, 2016 BBB reviewed the complaints on file and determined the pattern described above has not been eliminated. BBB sent a letter to the company requesting cooperation in responding to and eliminating the pattern of complaints.

On December 5, 2017 representatives of SMTN met with the BBB to update us on improvements they are making to their organization. They have taken steps toward improving customer service by hiring a new Customer Service Manager. They have put in place an “audit group” that will contact consumers on the day they sign the contract with SMTN and then again 90 days out as a way to ensure customer satisfaction. It is anticipated that by proactively working with their customers, the number of complaints will be reduced substantially. BBB will work closely with SMTN to follow their progress and to continue to address any complaints that may come in.

Consumers are, once again, requested to contact SMTN prior to filing a complaint with BBB at 1-877-815-4227. This Business Is Not BBB Accredited

Customer Review Rating:

35%

62%

[12] Positive Reviews

[1] Neutral Reviews

[21] Negative Reviews

[34] Total Customer Reviews

[107] Total Customer Complaints

Composite Score:

Sell My Timeshare Now, LLC has received 1.93 out of 5 stars based on 34 Customer Reviews and a BBB Rating of D.

This content is provided by the business and may contain advertising. BBB does not review or endorse this content.

https://www.bbb.org/concord/business-reviews/timeshare-resale-and-rental-marketing/sell-my-timeshare-now-in-portsmouth-nh-92008632/Alerts-and-Actions

According to a post found on RedWeek, published on the internet, SMTN does seem to charge a considerable upfront fee. A member had asked whether they should buy timeshare points through SMTN.  

Good question. Here is the straight scoop:

Sometimes you will find a timeshare of interest on the SMTN site which may be available at a price acceptable to you. HOWEVER, you will have NO say or ANY choice regarding the “closing” entity. Closing costs through SMTN are quite excessive — multiple times the cost of customary and usual closing costs. You have no option to conduct a SMTN transaction “in person”, but that is the case in most any resale timeshare transaction, so SMTN is not unique in that regard. It would frankly be both highly unusual and entirely unnecessary to conduct a resale timeshare transaction “in person”. Objective, third party “closers” who have no association with either buyer or seller (not an available option via SMTN, unfortunately) look out for the interests of BOTH buyer and seller, holding all funds in escrow until closing if necessary. This obviously eliminates any need for any travel or physical presence by either the buyer or the seller just to “close” on a resale transaction.

With SMTN, you essentially have to determine ALL of the collective costs as a buyer and then ask yourself if that bottom line figure is acceptable to YOU to acquire that particular timeshare listing, despite the exorbitant closing costs. Far more often than not, the answer will be NO, but there are (relatively rare) exceptions. In all fairness, in the performance of your due diligence you really have to look at the big picture and ask yourself if the TOTAL expenditure involved justifies acquisition of that particular timeshare for YOU. You obviously first need to accurately determine the bottom line total figure before you can possibly make that fully informed evaluation and personal decision.

SMTN of course has nothing whatsoever to do with maintenance fees, regardless of the resort involved. Maintenance fees are determined only by individual resorts — and they are engraved in stone. That said, I would certainly want to verify the accuracy of any figures SMTN indicates as maintenance fees. This is very easily done by contacting the resort directly for confirmation of any figures claimed by SMTN in their listings.

Last edit by ken1193 on Nov 28, 2017 05:27 AM.

https://www.redweek.com/forums/messages?thread_id=14010;page=last

ken1193

1 month ago

Timeshare members seeking to sell their timeshare need to do their homework.

This is a Department of Justice report about timeshare transfer violations:

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

Contact Inside Timeshare or one of these member sponsored U.S. timeshare groups if you need help with a timeshare. It can save you money.

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 had any experience of this or any similar company and want to share it, then use our contact page and get in touch, Inside Timeshare welcomes your stories.

On the subject of the warning issued about some of the fake law firms and claims companies, Inside Timeshare has been informed by Canarian Legal Alliance that the fake law firm Abogados Lopez have had a denuncia made against them with the Guardia Civil and at the Courts.

This means that the callers Hope Brugge, Megan Heywood and Paul Tyler if those are their true names are now under investigation. Readers who have informed Inside Timeshare of being contacted have also made reports to the UK authorities using the Action Fraud website.

That’s it for this week, Friday is here and it is the start of another weekend, have fun and join us next week for more news and views on the murky world of timeshare.

Friday’s Letter from America

It’s Friday and time for another Letter from America with Irene Parker, this week is part 1 with part 2 due shortly. Now, in Europe it has been a little quiet on the courts front this week, although there have been many cases before the courts, no sentences have been announced, so nothing there to report.

Inside Timeshare has been receiving many more enquiries regarding RSB Legal and Taylor Marshall Associates, these have all been very similar. They have all paid substantial amounts of money to have their timeshare contracts cancelled, none of this has been done. They are all receiving demands for unpaid maintenance and many are now in around two years of arrears.

It is obvious that these contracts have not been cancelled, despite what RSB Legal and Taylor Marshall are saying. All those who have contacted us have told us the same thing, their resorts have insisted that they do not deal with third parties to cancel contracts, only direct with the member.

Club la Costa has also been explaining this to members, they even informed RSB Legal and Taylor Marshall that they would not deal with them. But obviously they just carried on regardless and taking huge amounts from members knowing full well they would not get the contracts cancelled.

Another company which Inside Timeshare reported on in May, has come up yet again, Donaldson Bruce Associates, as we stated in the original article there is no record of them at Company House in the UK or in Spain. The website is registered under a privacy company and there is no address given just a contact page and a Sheffield telephone number 0114 303 0678.

This time the caller who stated to our reader that Diamond Resorts is closing its European Portfolio and will only be operating in America, well that is news to us and all the Diamond members who own in Europe! Having spoken with Diamond Resorts today about this company, they are now looking into the matter, they also confirmed that they will only deal with members direct regarding surrender of membership and not with any of these types of companies.

This is obviously a scare tactic on the part of Donaldson Bruce agents, to get people to sign up for a claim. Diamond Europe I believe, would inform their members if anything like this were to happen, after all it is in their interest to do so.

We do know that Diamond did close their sales offices and many staff had to be laid off, obviously many of these have set up these “claims” companies and may be using the data “stolen” from Diamond to contact their old clients. On the point of the sales office closures, this was done for economic reasons, Diamond have franchised out the sales side so they are no longer responsible for the marketing costs or wages of the sales staff.

http://insidetimeshare.com/thursday-news-slot-a-new-cold-calling-claims-company/

So now on with our Letter from America.

Part I – Did You Get the Letter?

Part II – I got some letters

By Irene Parker

Most members begin their report: They said I should have gotten a letter…

June 22, 2018

There is no question there are millions of timeshare members happy with their timeshare. However, many existing members may be unaware their timeshare has little to no secondary market until a life event makes the timeshare unaffordable, or useless, because of the inability to travel. Deeding it back to the timeshare company without receiving any monetary value back may be acceptable when you have used the timeshare for many years, but what about the buyer who purchases a timeshare and then learns, sometimes just weeks after purchase, they were a victim of fraud? Most of the 466 families reaching out to Inside Timeshare allege they were baited and switched. Many with 800 credit scores now brace for foreclosure.

We need to equip the existing timeshare member, as well as the first time buyer, with the tools needed to make an informed decision. We feel the timeshare consumer should be made aware that there may be little to no secondary market for the timeshare they purchased. It would be helpful to know that the points you paid $60,000 for should only be listed for $4,500, in the case of one timeshare company that has even this much of a secondary market. A member of the Licensed Timeshare Resale Broker Association can estimate what your timeshare may be worth. LTRBA members will not even accept a listing for the points I purchased feeling my timeshare points have no secondary market. http://www.licensedtimeshareresalebrokers.org/

Do not pay anyone upfront money to get you out of your timeshare without checking with us or one of the self-help groups listed below. There are many scams created by this flawed points based product.    

Existing timeshare members almost always begin their complaint like this:

Sales agent: “Did you get the letter?”

Timeshare owner: “What letter?”

Sales agent: “You should have  gotten a letter.”

Timeshare owner: “I didn’t get a letter.”

There was no letter and the reason the sales agents said this was to disturb the existing member. This is a common sales technic. As a financial planner, I disturbed my prospects with, “Do you know if you have saved enough to generate 70% of your current income in retirement?” The difference was my prospects needed to fear this, but in complaint after complaint, the fear factor was used to coerce a timeshare member to give up their deeded timeshare and convert to points, or lose everything. Another fear factor is, “If you don’t buy points (if they are not holding a deed), you won’t be at the level needed to pay maintenance fees with points (or sell points if that is the member’s concern). No timeshare member is required to give up their deed, unless all owners are required to do so because the timeshare is being terminated.

 Many members are astonished at the level of deceit they say they experienced. One former timeshare sales agent told me her manager told her to order the CIA Manual on Human Manipulation. When I looked up human manipulation I found several of the  20 most common manipulation techniques used, have been used on timeshare buyers. The actions of these bad apples makes it hard on sales agents that do sell the product honestly. For some companies, I’m not sure if the honest or dishonest agent is considered the rogue.

  20 of the most common manipulation techniques (my comments to the techniques I picked out as applicable to timeshare are italicized)

The Patriotic Vanguard http://www.thepatrioticvanguard.com/20-most-common-manipulation-techniques-used-by-human-predators

  1. Lying

Predators are constantly lying about practically everything in their life. They do this to wrong-foot their victim and confuse them. Lying is one of the manipulation techniques psychopaths typically use because they have no qualms about it.

Complaints always begin, “The sales agent said” and the member’s complaint is almost always dismissed with, “We are not responsible for what our sales agent says” or “You signed a contract” unless the member is holding a smoking gun (like the recording of a fraudulent sales presentation or a sophisticated spreadsheet they managed to get a picture of or smuggle out). One complainant even said her sales agent told her when she contacted him, “It doesn’t matter what I said. The only thing that matters is what you signed.” This dismissal is backed up by some Attorney General Timeshare Division reviewers, responding, “You have no proof” or, “You should not have relied on verbal representation.”

Okay fine. Our mission is to alert the public not to believe a word a timeshare sales agent says.

  1. Not telling the whole story

This is different to lying as a predator will often keep a key part of the story to themselves in order to put their victim at a disadvantage.

Oh Boy! We could write a novel about this tactic. “You can pay all your maintenance fees by charging to a credit card.” This may work for a timeshare sales agent earning $600,000 a year charging $270,000 to a credit card to pay a $2,700 maintenance fee, but for the average timeshare buyer, a 1% credit is a far cry from paying all the maintenance fees. “And you can use your points for airfares!” When I attempted this it would have cost $2,300 in maintenance fee dollars to book one domestic round-trip ticket. One former timeshare sales agent told me he was forced out for explaining the actual value. He had 30 years in the business before joining this particular timeshare company.

  1. Love-bombing and devaluation

Narcissists typically use love bombing as a manipulation tactic, they will go on a charm offensive and get you hooked into thinking this is the best relationship ever, then they’ll drop you like a ton of bricks without explanation.

This from Phyllis, being encouraged to give up her timeshare deed:

I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. They sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please – email me on what I can so as soon as possible. Thank You.

The credit card company kindly granted Phyllis a 60 day extension to July. She is representing herself.

  1. Denial

Often the simplest way a predator will manipulate a person is by denying the thing they are accused of ever happening.

The timeshare company party line response has been, “After a thorough investigation, the sales agent said he didn’t say that. Here are your initials on the fine print. You signed a contract. Kind regards.”

  1. Spinning the truth

How many times have politicians twisted the facts to suit themselves? This spinning of the truth is often used to disguise bad behaviour by predators such as sociopaths.

This is one of our most recent complaints:

After we said no to L, Mr. Richard C told us we should buy points to save money on airfare since we have to fly so often to India to care for my mother undergoing chemotherapy. Richard said we could use our points to pay for plane tickets to India to help reduce expenses. L gave a long lecture on how immigrants (referring to me) should behave in the United States and should invest in programs like this to save money on travel.  They said I could fly four times to India instead of two. We have learned this was all a lie.

  1. Minimising

Where a predator will try and play down their actions as not important or damaging and shift the blame onto the victim for overreacting.

“You were confused” is a frequent response.

  1. Targets the victim

When a manipulator accuses the victim of wrongdoing, they are making the victim defend themselves whilst the predator is able to mask their own manipulation techniques. The focus is on the victim, not the accuser.

See #4

  1. Positive reinforcement

This includes buying expensive presents, praising them, giving money, constantly apologizing for their behaviour, excessive charm and paying lots of attention.

In timeshare these are all the free tickets, restaurant coupons and giveaways.

  1. Moves the goal posts

You might think you know where you stand with a person, but if they are constantly moving the goal posts in order to confuse you, then it’s likely you’re dealing with a predator.

These seniors lost their entire savings, $13,000, and were foreclosed. They were sold a minimal number of points that they could have vacationed with, but then up-sold into foreclosure, told they would lose everything if they did not buy more points. The husband diagnosed with Alzheimer’s and the wife hard of hearing. The company used the recording of the QA against them telling the grown son, and “We recorded the QA. They were very engaged.” In a PR Release the company had stated the recording of the QA was an enhanced Quality Assurance. Members are not allowed to record the sales session.

http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

  1. Diversion

Diverting the conversation away from the perpetrator’s act and moving the conversation onto a different topic is a typical way predators manipulate their victims.

When I told a scam my timeshare company does not allow renting points and I can send them the rule, they smoothly asked, “So how much are you paying in maintenance fees?” as they moved on to a travel reimbursement pitch.  

  1. Guilt tripping

Someone who manipulates can guilt trip their victim by saying that they don’t care about them or that they are selfish or their life is easy. It all helps to keep that person confused and anxious.

Guilt tripping in timeshare often lays a guilt trip on the parents that they are not providing adequate vacation time for the kids.

  1. Playing the innocent card

A true manipulator will feign utmost shock and confusion at being accused of any wrongdoing. Their surprise is so convincing that the victim may question their own judgement.

One member reported they were told, “Those sales agents at that sales center are good guys.”  This was a sales center we received over 50 complaints against, eleven against one particular agent.

  1. Over-the-top aggression

Manipulators often use rage and aggression to shock their victim into submission. The anger is also a tool to shut down any further conversation on the topic as the victim is scared but focused now on controlling the anger, not the original topic.

See what happened to Phyllis in Point 4. We are flooded with complaints about timeshare sales presentations that last for hours with members being browbeat by rotating aggressors until they were diminished down to mush. I’m not making this up. If I had not heard 466 stories, I would not be this confident.

  1. Isolation

It is far easier to keep a person under control if they are isolated from family members and friends who could shed some light and truth on the situation.

This is accomplished by NDAs and arbitration.  I refused to sign one after I was offered our money back, which is why I am still standing. The developer describes arbitration something like, “litigating from the comfort of your own home.” The timeshare company hires the litigator for $400 to $500 an hour.  

  1. Feigns love and empathy

Predators such as psychopaths and sociopaths do not know how to love someone other than themselves, and cannot feel empathy, but they can pretend to in order to inveigle others into their lives.

See what happened to Phyllis in Point 4.

If you watch out for the above manipulation techniques, you can keep yourself out of a predator’s clutches.

… For reading, responding and for helping others.

Contact Inside Timeshare or these self-help groups if you need help or have a question you need answered.

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

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

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

https://tug2.com/Home.aspx

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

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

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

FTC Report on Fraud

https://www.ftc.gov/news-events/press-releases/2018/03/ftc-releases-annual-summary-complaints-reported-consumers

Thank you Irene, we look forward to the second installment, join us again next week for more “Nightmares on Timeshare Street” and remember to do your homework, check, check and check again, there are many out there who just want to take your hard earned cash.

If you need any help in identifying any company that has contacted you or you have found on the internet and want to check if they are genuine, then use our contact page and get in touch.

Have a good weekend.

Friday’s Letter from America

This week Friday’s Letter from America tells the story of army veterans Gad & Noreen Liebmann, it begins with an open letter to the Diamond Resorts CEO Michael Flaskey, then goes on to explain their experience. They are currently holding a protest outside Diamonds Daytona Beach Resort, the article was edited by Inside Timeshares Irene Parker.

First we have a quick look at Europe.

Yesterday Canarian Legal Alliance published in their news section a case study of a recent trial, nothing unusual there, except this had a rather different twist. This particular trial was dealt with at the pre-trial stage rather than the full trial, the venue was the Court of First Instance No 1 in Maspalomas, the lawyer representing the clients was Judith Diaz Pascual of CLA.

Judith Diaz Pascual (ICALP No 4480)

The pre-trial is a formality where the defending party may argue why the case should not be accepted, it is also a point where the judge will ask if there is a possibility of a settlement out of court. Usually the judge will then decree that a full trial date be set, with the defendants demanding the appearance of the clients.

As there was no agreement that day Anfi, the defendants, asked for a full trial to take place with the clients in attendance, CLA lawyers argued that this was not necessary as the case and infringements of the timeshare laws was based on documentation, so there was no need for a trial or for the clients give testimony. The judge agreed, he stated that he would issue a resolution after the preliminary hearing, three days later the judgement was issued.

The judge concluded that due to the infringements which included, floating weeks and the taking of deposits within the cooling off period, the contract was declared null and void. Anfi were also ordered to repay over 49,000€ which included double the deposit paid, the court also awarded legal interest.

Apparently this is now becoming more common, it is not the first case to be dealt with at the preliminary stage, it will only be a matter of time before more judges decide that this is the best course. After all the cases are based on the contracts and documents, if the timeshare company has sold floating weeks or points, the contract is longer than 50 years and any payment taken within the cooling off period, these are breaches of the law, so why prolong the issue with a full trial?

https://www.canarianlegalalliance.com/case-study-anfi-speedy-resolution-no-need-trial/

Yesterday we again published information concerning TESS and David Cox, keeping a check on his website, he has still not published anything about any subject since his last defamatory article on 29 March. We just wonder if this could be a sign that TESS is going the same way as those companies highlighted in yesterday’s article?

Now for our Letter from America.

Gad and Noreen Liebmann, Army Veterans

An Open Letter to Diamond Resorts CEO Michael Flaskey

April 20, 2018

We are one of 29 Diamond Platinum Member Families Up-sold alleging we were defrauded

A Diamond Daytona sales agent’s response to Gad and Noreen:

While picketing yesterday one of the salesman came down to talk to us. He brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart and using the money earned to help pay our dues.

Inside Timeshare has received 375 Diamond Resorts complaints from our readers, Diamond members alleging they were sold or up-sold by fraud. Families are devastated. Platinum member #29 contacted us April 16, 2018, a disabled Vietnam veteran, age 71. He says they were told by a Florida Mystic Dunes sales agent if they purchased additional points it would take care of maintenance fees. Now they too are forced to foreclose or walk away from their points. We hope AARP takes note.

A Diamond Vice President’s response to Joshua Parker:

“We are not responsible for what our sales agents say”4/5/18

The Diamond CLARITY TM Promise:

Accountability, Transparency and RESPECT for the customer

A Quote from CEO Michael Flaskey:

Clarity seeks to build on Diamond’s already impressive standing with its members. Almost 70% of the company’s sales are to existing members seeking to increase their Diamond resorts vacation memberships,” said Mr. Flaskey.

Mr. Flaskey, We are one of 29 Platinum member families alleging we were upsold by fraud. We have been Diamond members for 20 years, but we made the mistake of believing Brad Leslie at Daytona Beach Regency. So did Sheilah and Thomas Brust. We did not know about Diamond’s official policy, “We’re not responsible for what our sales agents say.” What kind of accountability, transparency and RESPECT for your customer is that? There are over 1,200 members on our Diamond Resorts Owners Advocacy Facebook, many alleging fraud.

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

Gad and Noreen Liebmann protesting outside Daytona Regency – Sheilah and Thomas wish they were here but Sheilah is too busy with tax season.   

Sheilah’s article on how to file FBI complaints:

http://insidetimeshare.com/tuesday-slot-irene-14/

Josh Parker is an Iraqi veteran. Josh says he was told his points are an investment and would be easy to sell. Now, expecting twins, a high risk pregnancy, they have learned the truth, so will in all likelihood have to suffer through 180 days of endless collections calls. Josh is 90% disabled, a combat veteran. Josh’s YouTube:

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Our Diamond Experience

By Gad and Noreen Liebmann

My wife Noreen and I have been protesting outside Daytona Regency for the last month. We are Platinum Diamond members. We own 96,000 Diamond points only because we bought an additional 25,000 points to take advantage of a program that did not exist. We are not confused. Sheilah and Thomas Brust are not confused. Sheilah has an accounting background. Sheilah Brust does not get numbers confused.

We had purchased eight Diamond contracts over 20 years and had been happy Diamond members until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud.  Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. The calculations shown to us were false. Sheilah has a copy of Brad’s “Pencil Pitch” promising her double points. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad made it sound like these were new benefits that could only be obtained by purchasing additional points. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways. When we returned home we learned booking vacations using Valued Getaway and Point Saver were already available to us.

We appealed to the local DRI marketing VP. He was unsympathetic. A call to Michael Flaskey, CEO, who leaves his card at every front desk, got a response from a lady who offered to allow us to give back some of the points we purchased in the past, lowering the dues but not eliminating the latest purchase.  In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points we didn’t need because of a convoluted scam. We may be older, but we’re not stupid.

We feel we meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch”, in addition to Elder Abuse.

Many Diamond members feel there is no timeshare enforcement in Florida. The Arizona Attorney General opened an investigation after receiving hundreds of Diamond complaints, just in Arizona, accusing DRI of violating the Arizona Consumer Fraud Act. They did not turn Diamond members away because Diamond is not responsible for what Diamond sales agents say.”

Veteran Teresa Laird is planning to protest outside DRI Polo Towers. DRI sales agents tried to sell her dad, at age 83, in a wheelchair dozing off, a recipient of two Purple Hearts, $234,000 in additional DRI timeshare points.

http://insidetimeshare.com/fridays-letter-america-42/

There is little to no regulatory enforcement because the Attorneys General in Nevada and Florida dismiss complaints, also falling back on the oral representation clause, or in Nevada at the Nevada Real Estate Division, “You have no proof”, so there is nothing to stop timeshare fraud.

From the Florida Attorney General’s Timeshare Division DBPR

Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale.  A document called “Acknowledgment of Representations” or “Purchaser’s Understanding” or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product.  A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations.  Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.  

We are veterans in our late 70’s and two of 40 active duty or veteran military and law enforcement timeshare members alleging we have been defrauded by timeshare sales agents. Several are in danger of losing their Security Clearance.

Whistleblowers of America, an organization headquartered in Washington DC, seeks justice for Active Duty military, veterans, and government workers. If families are made whole, we encourage a contribution to Whistleblowers.  https://whistleblowersofamerica.org/

LICENSED timeshare resale brokers will not even accept a Diamond listing feeling it would be a waste of their time and your money, due to restrictions Diamond places on the use of secondary points LTRBA members feel are too restrictive. Sheilah and Josh contacted Florida LTRBA members. None would accept a Diamond listing. Scammers have no problem taking your upfront money.

http://www.licensedtimeshareresalebrokers.org/

The Florida Timeshare Division, DBPR, and Diamond’s Transition department send members on a wild goose chase to contact a real estate broker, but legitimate brokers won’t accept a Diamond listing, because they are honest.

A Diamond member talked to a Diamond Transition’s specialist:

I tried last night to speak with someone in Financial Services with no luck.  I tried again today as well but the phone just rings and rings. I did speak with Tiffany Davis in Transitions and she said our maintenance fees would have to be paid in order to do the Transitions program.   She then said that I didn’t have to do Transitions – if I wanted to gain anything from my Timeshare that I should speak to a real estate agent to get it sold.   I said I was unaware this could even be done. Tiffany said “Oh, absolutely, if you don’t want to just relinquish it, you can sell it”.

From the Arizona Attorney General’s Assurance of Discontinuance:

IV Assurances

“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:

  1. Sales agents should not deviate from sales material
  2. Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

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

Section 5 of the FTC Code states: “Unfair and deceptive business practices are unlawful.”

http://blogs.findlaw.com/injured/2013/01/fraud-vs-lying-whats-the-legal-difference.html

A fraud is an intentionally false representation made with the intent to mislead the listener, and that the listener relied on “to her detriment.”

The first part means that fraud must involve an intentional lie. If you truly believe you’re telling the truth and end up being wrong, that doesn’t qualify.

That doesn’t excuse willful denial or ignorance of the truth. If you should have known the truth or could easily have discovered it before telling the lie, it could still be a problem.

The second part is about the liar’s intention. A lie that you don’t mean anyone to take seriously, such as a joke or hyperbole, wouldn’t constitute fraud.

When it comes to proving intent for fraud, courts often look at what the liar could gain if someone believes the lie. If the liar benefits from someone believing and acting on the lie, that tends to show intent.

The legal analysis will also rely on context. A lie while you’re trying to sell your house is more likely to result in a lawsuit than a lie told over drinks at a bar. Those are obvious examples, but there are many situations in between where the line isn’t so easy to see.

The third element is whether the lie actually caused harm.

If the listener believed the lie, acted as if it were true, and suffered some kind of injury because of that belief, then there may be some liability for fraud.

Injury can mean actual physical harm or financial loss. In general, emotional “pain” isn’t enough to build a case for fraud.

While fraud could potentially apply anywhere, it’s most commonly brought up in the area of contracts when one party lies about an important part of the agreement.

In general, anything other than a white lie (like how nice your spouse looks) should be avoided. Remember, a lie runs the risk of becoming fraud if you expect the listener to act on the lie. Keeping it honest isn’t just a good personal policy; it’s a sound legal strategy too.

For timeshare buyers, the customer is always wrong because they signed a contract. And no one cares. Inside Timeshare has heard from 131 Diamond members alleging fraud since January 1. The company does not respond to requests for comment.

Thank you Gad and Noreen, you have the support and thoughts of many timeshare owners not just in the US but also from across the great lake in Europe and beyond, also thanks to Irene once again for taking the time to edit these articles.

If you have any questions, comments or need to find information on any company mentioned here or that has contacted you then use our contacts page and we will point you in the right direction. Remember doing your homework saves you money!

Well the weekend is once again upon us and Inside Timeshare hopes that you have an enjoyable and relaxing weekend.

Friday’s Letter from America

It’s Friday, so time for another Letter from America with Irene Parker, but first a look today’s major news in Europe.

El Diario a prominent Spanish daily newspaper published the following article today (see link for full story).

The article reports on the current legal actions against Anfi and tells of the 1.35 million Euros they have had to repay to consumers, in the execution of around fifty judgements. It also goes on to say that there are over 395 live cases at court with a value of over 27 million Euros, with over 100 having had decisions in favour of the consumers. Some of these are firm decisions with the sentences yet to be executed, others are awaiting confirmation.

With even the Spanish press publishing articles such this, it does make the claim by Anfi that they have not lost or the Supreme Court has got it wrong rather flimsy!

In fact on Tuesday yet another sentence was announced by the Court of First Instance against Anfi, again the clients contract was declared null and void with the judge ordering Anfi to return over £20,000 plus legal interest

(if using google. Right click on the article for a translation to English)

http://www.eldiario.es/canariasahora/tribunales/Grupo_Anfi-condenas-negocio-timesharing_0_739477033.html

The same article has also been published in Canarias7, one of the major Canary Islands Newspapers.

https://www.canarias7.es/economia/turismo/anfi-paga-ya-1-35-millones-por-condenas-YK3590405

Now for this weeks Letter from America.

 

The 3 Rs or F of Timeshare Revisited (first published in three parts)

Timeshare Resolution, Relinquishment, Refund, Foreclosure

Magnify

By Irene Parker

February 16, 2018

There are many who use and enjoy their timeshare, but rising maintenance fees, high interest rate loans and higher interest rate developer issued credit cards can spell financial disaster, especially when an individual or family is hit with an unexpected life crisis. Not one of the more than 300 Inside Timeshare readers who have contacted us realized the perpetual nature of the timeshare contract (in the US), or that their timeshare had little or no secondary market. It is not uncommon for a family to have spent $100,000 or more on a timeshare.

There is rarely a need to pay anyone, or any firm, money to get you out of your timeshare. Special circumstances, like being in the middle of buying a house, may result in a referral to one of the law firms we know and trust, if the timeshare company refuses to help the individual or family.   

Our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because we don’t win them all. No one does, not even lawyers. “We can guarantee you release!” boasts the exit timeshare ad. We have had reports of people paying scammers large sums of money for a guaranteed release, only to learn the guarantee came about because of foreclosure or non-payment.

Our complaint form: http://insidetimeshare.com/file-timeshare-complaint-revised/

The goal:  Convert from angry, desperate, overwhelmed and confused into empowered. Timeshare Advocacy Group™   has 44 core advocates and 10 technical support advocates to help you. All of our Advocates are unpaid.

The First R: Relinquishment

dont like

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees. It is difficult to determine how many surrenders requests are granted, compared to the number of surrenders requested.

There is nothing wrong with deeding back a timeshare if you have used and enjoyed the timeshare for several years. However, if you find out just days or weeks after purchase that you bought a timeshare not matching what you were promised, walking away from even $5,000 doesn’t seem right.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their 64 members. http://www.licensedtimeshareresalebrokers.org/

LTRBA members charge nothing up front, so they don’t waste your time or money by listing a timeshare that, in all likelihood, will never sell.

The Second R:

refund

A refund is not easy to come by, but in cases of serious and obvious fraud; a refund can be achieved.  Inside Timeshare has heard from so many members alleging fraud, we can sometimes guess the name of the repeat offender sales agent before we are told. The fact that some of the same agents are committing the same “fraud for profit” over a period of years is telling.

The complaint process begins with a petition to the resort. Anticipate a knee jerk “you signed a contract’ reaction. Next, begins the filing of regulatory and law enforcement agency complaints. This is where our advocates are ready to assist because just figuring out online forms can be daunting. Check our complaint form for the list of appropriate agencies to contact.

Eron Grant has become our resident ARDA Code of Ethics analyst. In all likelihood, timeshare members are not even aware they are collectively giving $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opts-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member.

Despite our advocates and members forwarding a volume of complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response. Inside Timeshare has learned two of the worst alleged offenders each give $1 million a year to ARDA ROC, surely a disincentive to enforcement.   

Here’s Eron’s article: Why Does ARDA Have a Code of Ethics?

red dress

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.  http://www.arda.org/ethics/

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

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including 19 Attorneys General like Minnesota AG Lori Swanson, as reported by Chris Parker.  

“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….”

“Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—when not outright rigging the system—and details of misconduct are kept private,” writes Chris Parker, a reporter for City Pages

http://www.citypages.com/news/the-plot-to-kill-consumer-protection/451334393

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.

http://insidetimeshare.com/tuesday-slot-arbitration/

Timeshare developers know the industry is virtually unregulated and that they are protected by the oral representation clause. However, as we have stated in several previous articles, according to the FBI and attorneys we spoke with, it is not legal for a company to hide behind the fine print, providing sales agents the means to say anything they can come up with to sell points.      

The most common deceit and bait and switch complaints

  • The agent said I could sell my points.
  • The agent said my points were an investment, so easily sold, at a profit.
  • I can turn in points to pay maintenance fees but no such program exists
  • The value of airline and other travel awards is zilch. A common complaint is being told you can use a credit card to offset or pay maintenance fees in their entirety, when a member would have to charge $200,000 to pay an annual $2,000 maintenance fee.
  • The interest rate is 18%. They said I could get better financing but I can’t.

The Third R

resolved

It doesn’t happen very often, but there is the possibility the member just doesn’t know how to use the booking system. Blanket statements like “You can always book online cheaper than using timeshare points” are not accurate. My husband and I are Diamond owners. We have often booked two weeks in Sedona or Orlando for less than it would cost booking online using our points.

One amusing complaint was a buyer whose complaint was that they bought a trial program, but they were promised a lifetime membership. I explained, in the case of the timeshare company they bought into, the last thing they wanted was a lifetime membership. I encouraged them to become a Secret Shopper since they were not locked into perpetual maintenance fees.

 foreclosure  Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. Timeshare Advocacy Group has a foreclosure support group, with members offering each other tips on how to withstand the grueling up to 180 days or more of collection calls. Calls are relentless and members have reported many violations of debt collection consumer protection laws.  

We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed on Better Business Bureau reports, Attorneys General Settlements, and Assurances of Discontinuance and lawsuits. There will be a hit to your credit score of course, but if you feel you are a victim of fraudulent timeshare sales practices, provide the rating agencies or your lenders with the reason why you refused to pay off a timeshare loan or credit card. Lenders are human. Many will take this into consideration.

I asked timeshare attorney Mike Finn of the Finn Law Group some questions about the foreclosure process for an article we published previously. Mike’s answers are worth repeating. Some common questions:

Will the timeshare company try to ruin my credit for non- payment of maintenance fees loans or both?

Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can or will members be taken to court for non-payment of maintenance fees loans or both?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Do they place the lien just on the timeshare? In other words, does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never.

Is it advisable to just stop paying fees without the aid of an attorney?

Mike: It really does depend on your ability to endure collection calls, letters threats, and a foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about 5 years. Rarely will they sue for deficiency balance.

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

http://www.finnlawgroup.com/english/learning-center/page-12

Remember, “I can’t afford it,” is not a valid reason to cancel a loan for a timeshare any more than it is a reason to be able to cancel your home mortgage loan. You can’t go to your home mortgage lender and ask them to cancel your home mortgage because, “I can’t afford it.”

Our Advocates, bringing experience and expertise from all walks of life, are here to evaluate and work together to help you put your timeshare in the rear view mirror, if that is your goal.

Our mission

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

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

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

https://tug2.com/Home.aspx

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

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

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

Let’s keep working together to improve the industry.

fix prob

That’s it for another week, remember if you require any information about any article published or any company that contacts you, Contact Inside Timeshare and we will get the information for you.

Have a great weekend and join us again next week.

weekend cat

Start the Week

Over the weekend Inside Timeshare received an email from Javier Correa Guimerá, a Spanish lawyer who at one time worked with Miguel Ceballos the senior lawyer from CLA. Javier posts on various forums answering many question on timeshare matters.

His email referred to the articles published last week on the new fake law firm Amador Galeca Abogados, part of the Litigious Abogados family. He was commenting on the very strange names these so-called law firms use for their lawyers, he states they are not even Spanish, just by seeing the names he is sure it is a scam.

Another point he made was about the directors pleading guilty, asking where in this world would a timeshare company accept responsibility, willingly and pay up? He called it Absurd and nonsense!

In this we must agree with him, we have never heard of any timeshare company accepting any responsibility or pleading guilty, quite the contrary, they always seem to deny any wrongdoing. All we can say is Inside Timeshare has made extensive enquiries about all these firms, searched for the lawyers, checked the cases with the courts and not one has proved positive.

FAB Timeshare Resales

fab

Over the past months we have been running articles which have highlighted the lack of a resale or secondary market on many timeshares, today we look at Marriott.

In Spain there is a company called Fab Timeshare Resales, it is a subsidiary of Fab Property based in Marbella on the Costa del Sol, the Managing Director is Julie Bett, who is an ex-regional director of sales for Marriott. According the website she has over 17 years experience in the timeshare industry.

The company was formed in 2012, the purpose was to help private individuals who wanted to sell their Marriott Vacation Club memberships, because MVC did not have a resales section for their European Resort members.

FAB Timeshare Resales also state they are fully registered and approved, operating under strict European Timeshare Guidelines. They also boast being members of the Licensed Timeshare Resale Brokers Association (LTRBA which is a US body) and ARDA (American Resorts Development Association).

This is quite commendable, a resale company that is working by the rules, especially with the reputation resale has in Europe. The only problem, is one of price!

price

Looking at their website memberships are being offered for as little a 1000€, way below what was originally paid. According to Marriott’s own website, prices start at around $21,000, or about 17,000€, not a cheap purchase.

It is not just Marriott which has this problem, look at any resale prices, those which are priced higher are what the owner believes they can get (or want) for their timeshare. The reality is very different, ebay shows many timeshares listed with the owners unable to give them away, even when they are willing to pay the transfer fees.

Many sales agents during their pitch will talk about the timeshare being property, which as we know, property goes up in value, but all they are actually getting is a right to use. The purchaser owns nothing!

For years timeshare was sold as an investment, even though the timeshare directives set by the EU stated it should not be sold a such. This has actually in one respect given rise to the resale problem, purchasers have in their minds the price they paid and then the “promise” of it going up in value. Many of the bogus timeshare resale companies played on this, offering ridiculous prices just to draw the prospective seller in.

The fact there is a resale company out there which is working to the rules is commendable, but the prices reflect only only one thing, that what you purchased in the first place is nothing but promises, there is no actual value. All you own is a right to use some very lovely properties.

If you have any questions or comments about any article published, then contact Inside Timeshare and remember to do your homework before engaging with any company.

stop think act

Friday’s Letter from America

Welcome to another edition of Friday’s Letter from America, today Irene Parker asks the Florida Attorney General Pam Bondi, What about us? Ms Bondi seems to have a reputation for backing big business rather than the consumer, but more of that in Irene’s article. As usual we begin with what is happening in Europe.

CLA Logo

Some news which was breaking yesterday has now been confirmed, Canarian Legal Alliance issued a press release informing us of the latest Supreme Court victories.

Legal history has now been made with CLA achieving their 60th victory in Spain’s highest court, we say legal history as this is unprecedented. No other law firm has ever managed to get this number of cases through the Supreme Court. This is a fantastic achievement since their first victory in March 2015, in the past two and a half years they have not only made history but have also made law.

Their latest victories have been against Silverpoint, in sentence number 59, the court ordered the return of over 65,000€ plus the payment of First Instance legal fees and legal interest. The client’s contract was also declared null & void, which now makes them timeshare free with no more ongoing maintenance fees.

With sentence number 60, the same court ruled that the contract be declared null & void, ordering Silverpoint to return over 92,000€ plus Appeal Instance legal fees and legal interest. This now makes a total of 21 judgments from the Supreme Court against Silverpoint alone.

Then the following day, the Judge at the High Court Number 3 in Tenerife, followed the Supreme Court rulings declaring another client’s contract with Silverpoint null & void. The judge also ordered the return of over 11,000€ plus legal interest.

Not only must the clients be celebrating, but I will wager there was some celebrating going on in the Lawyer’s office!

amador-galeca-300x191

Following the publication of yesterday’s article on the new fake law firm Amador Galeca Abogados, we received an email from a reader who has already been taken in by them. Unfortunately they have already paid the Procurator a fee, but at least it was not a large sum, yet something prompted them to start checking the internet for information before they paid them next amounts.

As we said yesterday it would only be a matter of time before we found out the new name of the Procurator and the bank account they are using, here it is:

Procurator: Graham Ingum Gorrin

Address: C/ Layanva, Edif Colmenas, Oficina 2223, 38003, Santa Cruz de Tenerife.

Bank: Deutsche Bank Sociedad Anonima Espa, C.P.A. BCN, Ronda General Mitre 72-74 Barcelona.

IBAN: ES3900190172854010033761

As for the address of the procurator, searching on google and google maps it does not exist, so any post sent there will obviously never be delivered.

This reader has also supplied some new and interesting information, Amador Galeca informed them that the directors of their timeshare had pleaded guilty in court and that all their assets had been seized, not bad, it seems that all the directors according to this group of fake law firms plead guilty!

The amount paid was for a relinquishment through the Spanish courts, which needed to be done first before they could go to court for compensation. The strange thing is, once again it seems that the jurisdiction of the Spanish Courts now extends beyond the borders of Spain and encompasses timeshare in the UK!

These readers have been lucky, they have not lost a huge amount, they have also informed their bank who is going to issue an alert to all other banks.

This does prove the point, never believe what you are told, especially when it comes to timeshare,

IF IT SOUNDS TOO GOOD, STOP THINK AND DO YOUR HOMEWORK!

homework

Now on with Irene’s article.

Florida Attorney General Pam Bondi – What about Us?

Irma Iniki and Timeshare

most people

By Irene Parker

Friday September 22 2017

Florida Attorney General Pam Bondi expressed her outrage over price gouging during hurricane Irma. While her dismay is understandable and commendable, why has there been so little effort expended to come to the aid of Florida timeshare buyers alleging they were deceived into buying a timeshare? Nationwide there have been lawsuits and Attorneys General investigations too numerous to mention.

Ms. Bondi has been quick to investigate timeshare resale scams.

Florida Attorney General Pam Bondi has filed a lawsuit against a company she accuses of violating Florida’s Timeshare Resale Accountability Act.

Florida has a specific law covering timeshare resales because it has so many of the properties, whose owners are often desperate to unload them.

In this latest case, Bondi sued Prime Resorts International, based in central Florida. She accuses the company of making telephone calls to timeshare owners all over the country, telling them they have a buyer for their timeshare. She says the company also claimed to be able to guarantee the deal would close.

https://www.consumeraffairs.com/news/florida-sues-another-timeshare-reseller-031116.html

The Berkley Group

Sources tell us Ms. Bondi is investigating The Berkley Group. The Berkley Group owns Vacation Village Resorts. With a BBB rating of F, looking into this company is a start, but acting on only 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014 seems underperforming at best.

https://www.bbb.org/south-east-florida/business-reviews/timeshare-companies/vacation-village-resorts-in-fort-lauderdale-fl-4003645/reviews-and-complaints

Ms. Bondi opened this resale investigation after receiving 85 complaints.

The attorney general opened her investigation after she said her office got more than 85 complaints, claiming to have lost more than $110,000. The suit seeks a permanent injunction against the company, consumer restitution, and a civil penalty of $10,000 per violation.

Inside Timeshare has received 144 timeshare complaints of which 130 allege they were deceived on the front end of the sale. The dollar amount in question concerns well over one million dollars. The 14 not alleging deceit say they seek relinquishment because they say they cannot afford the annually increasing maintenance fees. ARDA and the industry continue to ignore deception exists, and with lawmakers turning a deaf ear, the court of public opinion seems the only avenue open for families reporting how they have been financially devastated by their timeshare plan.

follow money

Timeshare revenue in Florida is a lot of dollars to tamper with.

As the state’s No. 1 industry, tourism is crucial to Florida’s economy – generating 23 percent of the state’s sales tax revenue and employing more than one million Floridians. In 2011, tourism was responsible for welcoming 86.5 million visitors to Florida and generated $67.2 billion in direct economic impact.

http://www.flgov.com/governor-scott-applauds-floridas-tourism-marketing-2/

The industry will be quick to respond that there are nine million who own timeshares. What difference does a couple hundred families make? It makes a world of difference to the families affected who have contacted Inside Timeshare.

Recently, the Finn Law Group took issue with the lack of disclosure provided to timeshare buyers. If feeling deceived, after spending $5,000 to over $500,000 on a vacation plan, families are shocked to learn their timeshare has no secondary market and the contract is perpetual. Contracts are deceptive in that they often state points can be sold. Buyers are not informed about the lack of buyers should they need to sell.

LARGO, Fla.–(BUSINESS WIRE)–An administrative petition has been filed against Florida’s Department of Business and Professional Regulation alleging that the agency’s approval of a request by timeshare developers to make statutorily mandated public offering statements available by providing an online address at the closing rather the furnishing hard copies violates Florida law.

http://www.businesswire.com/news/home/20170905006015/en/Finn-Law-Group-Files-Petition-Florida-Agency

Ms. Bondi appeared on Las Vegas Attorney Bob Massi’s Property Man Show in 2016 explaining how the Florida Attorney General’s office worked with ARDA and the Department of Justice to shut down timeshare resale or release scams. Mr. Massi encouraged timeshare members to contact a member of the Licensed Timeshare Resale Broker Association if they need to sell their timeshare. When I contacted LTRBA about selling our Diamond timeshare points, I was informed by several LTRBA members they know of no licensed LTRBA broker who will even accept a listing for our points due to secondary market restrictions.

https://www.youtube.com/watch?v=VHCdcS2Ds-U

Inside Timeshare has also started hearing from Bluegreen members. One member is Lela Renea, a Bluegreen member and a detective. Lela Renea says she was deceived into buying a timeshare. If a Florida detective, allegedly reports being a victim of deceptive sales, what chance does the average timeshare buyer on the street have?

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

When I wrote an article for TheStreet, Jim Cramer of Mad Money’s investment news service, challenging what is in my opinion gestapo like tactics demanding Diamond members stay vacationed, Diamond demanded a rebuttal, stating they understood life’s changes could render their product a liability so they were introducing a program called Transitions that would allow qualified members in good standing a way out. That was June of 2016, yet the company has yet to introduce the program. “Qualified” is the key word. Most members contacting Inside Timeshare have loans, and many allege they succumbed to high interest rate loans and credit cards after hours long aggressive sales presentations. A timeshare must be unencumbered to be eligible for any voluntary surrender program.

https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html

“Is Apollo Returning to its Junk Roots?” is the article Diamond found objectionable. Most remember the subprime mortgage crisis, but a decade earlier was the Drexel Burnham Lambert junk bond scandal that sent Michael Milken to jail for securities fraud. DBL founder and banker Leon Black filed bankruptcy on DBL only to reform and rebrand as Apollo Global Management, purchasing Diamond Resorts in 2016. If DBL liked junk bonds, which had some value, timeshare points that have no value the moment the contract is signed, should a buyer need to sell, must seem attractive.

Hurricanes and Timeshare

hurricane

One of the top complaints Inside Timeshare has received concerns upsells by timeshare sales agents on the US mainland selling against timeshare agents in Hawaii. This would be normal competition were it not for the fact the dueling agents work for the same company. Buyers tell us sales agents on the mainland side tell existing members they should not have purchased a Hawaii timeshare because of damages from hurricane Iniki that struck Hawaii on Kauai in 1992. They are encouraged to buy more points and transfer to US mainland points, despite Florida resorts included in their purchase. Obviously, Florida is at risk for hurricanes.

pam bondi 1      Ms. Bondi, please listen to us. The Arizona Attorney General has received over 900 timeshare complaints about Diamond Resorts:

http://insidetimeshare.com/arizona-attorney-generals-assurance-discontinuance/

Wyndham former timeshare sales agent Trish Williams was awarded $20 million by a jury concerning overly aggressive and predatory timeshare techniques:

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?mcubz=0

Eric Schneiderman’s $6.5 million settlement with The Manhattan Club:

http://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club/

In addition to member families,Charles Thomas at Inside Timeshare has heard from eight current and former timeshare sales agents alarmed at the escalation in predatory sales. The following comment made by a former experienced sales agent mirrors the others.

“I watched every day, agents selling DRI for double and close to triple what it was supposed to be sold for but management laughed and congratulated them for doing it.  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, who still work at DRI, 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!”   This 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!”

(Charles Thomas, editors note: we have published on many occasions on the “stack and drop” tactic. This has been used for many years and we have seen it throughout Europe. It is used as a tool for upgrading or poaching other companies members. The consumer then believes they have had value for their other purchase).

It is our hope Diamond Resorts will listen and respond, along with Wyndham, Bluegreen and others, to improve timeshare sales today after the rise of “right to use” programs. In my opinion, such programs leave wide berth for misrepresentation and deceit.

The following are self-help Facebook pages representing over 1000 timeshare member families:

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

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

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

A few of the 144 families who have contacted Inside Timeshare:

Marsha, Ann and Marjorie

http://insidetimeshare.com/fridays-letter-america-18/

Bonita Hill

http://insidetimeshare.com/tuesday-review-clarity/

Eron Grant ARDA’s Code of Ethics

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

Irina Allen

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

Justin Morgan and Michael Nuwer June 30, 2017

http://insidetimeshare.com/fridays-letter-australia-no-read-correctly/

Alan Callner

http://insidetimeshare.com/wednesday-article-america/

Detective Lela Renea

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

David Franks Chapter 4

http://insidetimeshare.com/fridays-letter-america-15/

Karen Garello Secret Shopper June 22, 2017

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

Romeo and Lily

http://insidetimeshare.com/fridays-letter-america-9/

Dr. Jeffries

http://insidetimeshare.com/fridays-letter-america-7/

Angela Johnson

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

Neina Orrillo

http://insidetimeshare.com/diamond-in-the-news-again/

Barclaycard and Member stories May 17 2917

http://insidetimeshare.com/timeshare-barlcaycard-us/

Marjorie Menacker

http://insidetimeshare.com/another-nightmare-timeshare-street-client-experience-diamond/

Eron Grant May 12, 2017

http://insidetimeshare.com/fridays-letter-america-4/

Barclays Bank Charles May 11, 2017

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

Nancy Callahan April 24, 2017

http://insidetimeshare.com/another-nightmare-timeshare-street/

A Filipino Family April 13, 2017

http://insidetimeshare.com/anatomy-timeshare-foreclosure/

Laurie Sabbagh March 17, 2017 Clarity Review

http://insidetimeshare.com/friday-review-news-across-ocean/

A Military Family March 6, 2017

http://insidetimeshare.com/consumer-protection-week-usa/

The Hurleys January 25, 2017

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

Irina Allen January 13, 2017

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

Kathie Old December 6, 2016

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

Wyndham Trish Williams $20 Million Whistleblower Jury Award December 5, 2017

http://insidetimeshare.com/wyndham-whistleblower-update/

The Peasant of Venice and the Queen of Versailles November 7, 2017

http://insidetimeshare.com/peasant-venice-queen-versailles/

Sylvia Saldana and the Barclaycard October 25, 2016

http://insidetimeshare.com/irene-parker-write-barclay-card-usa/

Hug Your Haters! By author Jay Baer on the importance of Social Media

http://insidetimeshare.com/customer-service-message/

need you

Will anyone listen? Author Jay Baer is to be keynote speaker at the upcoming October Interval International Shared Ownership Investment Conference, attended by developers and private equity firms. In Hug Your Haters, Mr. Baer strongly urges companies to listen. Members are hopeful, but doubtful, developers will listen to him.

Thank you Irene and those that proof read your article and gave advice, timeshare is a crazy world, which is such a shame as it is a great idea, with many who have enjoyed it for many years. There are some very good developers and resorts, but the reputation of the industry is being spoilt by a few.

Have a great weekend.

weekend-picard

         

 

A Lesson for Other Timeshare Companies

Over the past few weeks many of the articles have shown some of the worst of timeshare, today however we show what can be good about timeshare.

In the UK there is a certain saying which is normally associated with substandard, shoddy or a bit of a joke, that saying is “Mickey Mouse!”

But in the context of this article it means brilliant!

Irene Parker explores one timeshare product that excels, in the world of timeshare this is rare indeed, Inside Timeshare has also done a lot of investigating and concurs with Irene, we can find no complaints against this “Mickey Mouse” outfit.

Before we published this article we reached out to Bluegreen, they told us they would have a response within 24 hours, that was on Monday, we still have not heard from them. The point is, by reaching out to other companies, we are giving them the opportunity to change, by working with us and our readers they have the chance to put right what is wrong with timeshare.

In Europe and Spain in particular, it is legislation that is forcing timeshare developers to change what and how they sell. The proliferation of court actions has changed timeshare for the better, we are seeing products and sales techniques change. Disney have shown that by having respect for their clients and putting their needs first, they have a product that is worthy of the name “timeshare”.

So on with Irene’s article.

Disney Vacation Club vs The Timeshare Industry

https://disneyvacationclub.disney.go.com/membership/

Why can’t I find any Disney complaints?

disney

By Irene Parker

July 26, 2017

Try as I might, I cannot find complaints about Disney’s timeshare arm, Disney Vacation Club. Searching in vain, it brought up memories of the old Maytag repairman ads describing the Maytag repairman as “The Loneliest Guy in Town”. The point of this long running series of commercials was that the product was so trustworthy and dependable that Maytag repairmen spent their days waiting for the phone to ring.

https://www.youtube.com/watch?v=rXJ0rAyE_mQ

Why does the Disney Vacation Club have so few complaints? Any company has its grumblers, but the best I could find were a few owners complaining about availability. I asked Fernando at the Disney sales call center. Fernando was not allowed to provide his last name but was happy to talk about what makes Disney different and why Disney customers are so loyal.

Fernando attributed such a low volume of complaints to customer expectations met. As far as the complaints about availability, “Some timeshare members plan better than others”, said Fernando. “But it’s all about meeting customer expectations.” Just like hotel bookings, timeshare bookings are subject to supply and demand that fluctuates with peak and off seasons.

I also asked Fernando if he felt a viable secondary market was a benefit for the company as the timeshare owner obviously benefits from access to a secondary market. “Disney does not attempt to control the market. We believe timeshare should be a free market,” he explained.

Members of the Licensed Timeshare Broker Association say Disney has one of the best secondary market prices. Tom Tubbs of Island Consulting Realty told me Disney almost always exercises their Right of First Refusal. A company that exercises its ROFR actually supports the resale price. Island Consulting Realty is BBB accredited with an A+ rating and a member of LTRBA and ARDA.

http://www.licensedtimeshareresalebrokers.org/

The Timeshare Store markets basically only Disney timeshares.

“We don’t charge any upfront fees. A seller pays a commission at the time of closing and $170 in fees to Disney Vacation Club,” explained Jason Erpelding, Licensed Real Estate Broker Associate. Above all, consumers buying or selling a timeshare on the secondary market should work through a licensed broker as timeshare resale and listing scams are common. The Timeshare Store has a Better Business Bureau rating of A.

http://www.dvc-resales.com/

Contrast Disney timeshare resale prices with timeshare resale prices in general. Many timeshare are offered for $1 to $99, originally purchased for thousands of dollars. As demonstrated by The Timeshare Store listings, Disney resales are offered for $10,000 to $30,000 or more. Contact The Timeshare Store or a LTRBA member to find out the benefits or lack of benefits buying resale vs buying directly from the timeshare developer.

https://www.bbb.org/west-florida/business-reviews/timeshare-companies/island-consulting-realty-in-sarasota-fl-18003121/bbb-accreditation

Disney’s website states: You purchase a real estate interest in a Disney Vacation Club Resort. The keywords are real estate. You own something and thus have a beneficial interest. Some timeshare company non-deeded points have been compared to buying air. Lack of availability is a frequent complaint.

Fernando and I talked about Disney’s corporate culture. Ray Kroc of McDonald’s restaurant fame and Walt Disney both drove an ambulance for the Red Cross in World War I. “While we were out chasing girls, Walt was drawing cartoons. All those girls are dead but Walt’s cartoons thrive to this day”, said Kroc.

mickey

Walt Disney and the Walt Disney Corporation were originally motivated by art. Money was the by-product of a pure motivation. Think of a real estate agent who is motivated by finding you the best house as opposed to the real estate agent that has nothing but the vision of a commission check dancing in front of his or her eyes. The purity of Walt Disney’s original motive has had an effect that has carried through the decades. “People buy a Disney timeshare because they know Disney and believe in Disney”, said Fernando. In other words, the strength of the Disney brand, supported by met expectations, has led Disney to become the model for timeshare developers industry wide. “I love what I do here,” Fernando added.

Lisa Ann Schreier, former timeshare sales agent and author of Timeshare Vacations for Dummies, echoed Fernando’s enthusiasm. Lisa worked at Celebration World Resort, right in Disney’s Orlando neighborhood. “Most if not all Disney Vacation Club purchasers/owners are given sufficient information on the product before and after purchase. There’s no feeling of being rushed into a purchase and Disney’s famous Guest Service is no less evident with DVC than at The Magic Kingdom”.  

There doesn’t appear to be any angry owner Facebooks or websites either. Let’s contrast Disney with Bluegreen timeshare. The following are member supported Bluegreen Facebook pages. In parenthesis I have changed the words to be generic as the advice provided is appropriate for any would-be timeshare buyer.

This Bluegreen Facebook page of 1,670 members, Sales Team Reviews & Update/Sales Presentation Experience, is for the benefit of the members, corporate Bluegreen personnel and sales agents working towards a more honest and transparent sales process.

https://www.facebook.com/groups/1718664518412381/

(Any timeshare company) IS NOT RESPONSIBLE FOR DOING ANYTHING OTHER THAN WHAT IS STATED IN THE CONTRACT. IF YOUR SALES REP CANNOT SHOW IT TO YOU IN WRITING IN THE CONTRACT DO NOT EXPECT TO SEE IT HAPPEN.

YOU HAVE A CANCELLATION PERIOD WHICH VARIES BY STATE AND THAT INFORMATION IS ALSO IN THE CONTRACT.

(Many)  BENEFITS ARE NOT GUARANTEED. THEY CAN BE CHANGED OR CANCELLED AT ANYTIME.

This is a public group accessible to everyone, including Sales and Corporate. You are responsible for your own comments, opinions, etc. I am merely providing this page as a single location for both positive and negative experiences in regards to the sales team. Allowing both them and corporate to better improve how owners and possible new owners are treated, likely increasing sales.”

A Member Sponsored Bluegreen Facebook page:  770 members

This Facebook page seems to be a sort of self-help Facebook for members trying to be released from their contract. A book on how to write a letter to an Attorney General is available.

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

The following internet consumer complaint sites list Bluegreen reviews:

Consumer Affairs rates Bluegreen 1 ½ stars out of 5 stars based on 100 ratings. There were a total of 411 reviews. In all fairness, Disney ranked only 2 stars out of 5. Typically happy customers don’t bother searching for complaint sites to post positive reviews. Consumer Affairs posts a balanced collection of consumer reviews helpful for consumers researching online.

Pissed Consumer rates Bluegreen 1.9 out of 5 stars based on 155 reviews. There were a total of 761 reviews. There were no Disney reviews on this site.

Complaints List – There was only one Bluegreen complaint but the comment was intriguing.

“One federal authority told me they are in violation of the constitution by enslaving people with unending contracts because this is a form of indentured slavery and slavery is unconstitutional…”

Better Business Bureau

TUG Timeshare Users Group noted that Bluegreen lost their rating in 2010 with an F rating.

http://tugbbs.com/forums/index.php?threads/bluegreen-corp-loses-its-bbb-accreditation-with-an-f-rating.132284/

Bluegreen is not BBB accredited but now has a B+ rating.  Keep in mind BBB does not resolve complaints. They rate how effectively a company responds to complaints.

7 positive

4 neutral

67 negative (out of 78 reviews)

Bluegreen had 761 complaints in the last three years.

https://www.bbb.org/south-east-florida/business-reviews/vacation-clubs/bluegreen-corporation-in-boca-raton-fl-8195

Contrast the Bluegreen BBB rating with Disney’s rating:

Disney has been accredited since 1991 with an A+ rating. There was one review:

1 positive

0 neutral

0 negative

Disney had nine complaints in three years.

In my research I found useful timeshare tips provided by the Wisconsin Consumer Protection Division, the most important being:

Oral promises: Make certain all promises made by the salesperson are written into the contract.

https://datcp.wi.gov/Pages/Publications/TimesharesResellers182.aspx

Here is the company response one of our Diamond Resort readers just emailed me in response to their allegations that they were sold by deceit and bait and switch. I have highlighted the oral representation section in red.

“We must advise that legally the contract is binding and as we have previously advised the relevant information could be found in the body of the agreement and was in fact acknowledged by yourself. We must advise that it is specified clearly in the contract documentation that if you relied upon any verbal information given during the presentation you must ask for this to be put in writing. Likewise, if anything was said that was of particular importance to you, but which is not contained in the terms and conditions of the membership, this should have been requested to be implemented in the body of contract before documentation was signed.”

It would certainly save the timeshare company and the timeshare buyer a lot of times and trouble if the paragraph above would be provided to the person about to enter a timeshare presentation. Most, if not all of the complaints Inside Timeshare receives begin with, “The sales agent said…..”

The Finn Law Group maintains approximately 500 timeshare cases. Timeshare attorney Mike Finn told me he has never had a Disney client which led me on this quest to find Disney complaints. Mike Finn has often said the timeshare contract’s oral representation clause is “a license to lie”, used and abused by some timeshare sales agents. Just think. If Disney were the only timeshare company out there, Mike Finn would be Disney’s version of the Maytag repairman.

maytag

So there we have it, not exactly rocket science is it?

Put the customer first, give a good service and bingo, happy all round. A business model that keeps going, a business that people are proud to work for, a business that customers are happy to be members of.

On another note, Canarian Legal Alliance, announced that it had just received another Supreme Court ruling, that now brings the total to a massive 57. You could say that they have just had their “Heinz” moment.

In Spanish legal history this is unprecedented, no other law firm has achieved anything like this, from what our sources tell us this figure is set to rise, as they have many more cases waiting to be heard in Spain’s highest court!

As the news comes in we will keep you informed.

In this week’s Friday’s Letter from America we will be publishing another article on Advocacy, written by one of The Timeshare Advocacy Group. In this analysis of the industry the writer puts forward some very interesting points, so stay with us for the next article, see you then.

Friday’s Letter From America

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

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

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

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

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

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

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

 

Eleven Platinum Diamond Members Cry Foul

Romeo and Lily Dalisay Share their Story

be strong

By Irene Parker

June 16, 2017

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

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

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

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

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

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

philipines flag

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

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

http://www.licensedtimeshareresalebrokers.org/

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

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

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

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

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

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

In Romeo’s and Lily’s words

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

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

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

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

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

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

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

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

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

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

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

stick men

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

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

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

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

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

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

truth set you free

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

friday dog

Have a good weekend.

stop press

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

Welcome to Monday and a Happy Birthday to the National Timeshare Owners Association

Welcome to our Monday article, we start with some news from Europe, Canarian Legal Alliance has been at it again. More news from the courts in Tenerife finding for CLA clients against Silverpoint.

On 2 May, the judge presiding over The Court of First Instance No 5, ruled the contract these clients had contained several infringements and declared the contract null & void. The judge also ruled they should be awarded over £25,957.79 plus the return of their legal fees and legal interest. In this case the main infringement was the floating weeks. The Spanish Timeshare Law 42/98 was reaffirmed by the Supreme Court, a timeshare contract must include a specific date, location and period.

The following day, the same court declared yet another contract from Silverpoint illegal under law 42/98, this infringed the length of the contract. The Supreme Court on numerous occasions have stated that under the law no contract can be over 50 years. The judge in this case again declared the contract null & void, ordering Silverpoint to return over £8,856.71 plus legal fees and legal interest to the client.

Canarian Legal Alliance also received a visit from the Kavli Family, who had their Anfi contract declared null & void awarded back over 39,413€ plus legal interest. Their visit while enjoying a relaxing holiday was to thank the entire team at CLA for all the work they put in to resolve their situation.

Kavli

On another note, this weekend saw the awards presentation of the Canary News Business Awards. Canarian Legal Alliance won the the award in the Service Category, with the Head of Operations, Csilla Nazali being awarded Business Person of the year, this was accepted on behalf of the entire CLA Team. So congratulations to them.

It would also appear that our “Fake Law Firm” the Litigious Abogados family have a new member, Abogados Amable & Garcia. The website is very much like all the others, accept they have a few new photo’s of “Lawyers” with some new names: Juan Hernandez Amable, Armando Ignacio Garcia and Ramon Quemon Cremul. These have not been traced on any Bar Association register. Even the logo on the website is a rehash of the Abel Garcia one. More on this as the information starts to come in.

abogadosamablegarcia-amable-garcia-logo

So on we go with the NTOA article, this follows the news that TATOC, the association that is supposed to represent owners committees, is going into administration. As you will see from the article, there is a difference between the two organisations. The NTOA is independent of the industry, whereas TATOC was funded and run by the industry for the benefit of the industry and not you the owner’s / members. After all we know that Harry Taylor took up his position with TATOC while still a senior figure with Diamond Resorts Europe. We also know he supported MacDonald Resorts to the hilt against owners, when MacDonald’s decided to remove all fixed week owners and replace them with a points system, legal action on this is still ongoing. Somehow we think that is a conflict of interest and not conducive to being “independent”.

stop press 1
Just before publishing today’s article, ARDA once again unleashed its powerful propaganda arm in retaliation against Don and Irene’s FOX Property Man interview with Las Vegas attorney Bob Massi. This was Don and Irene’s attempt to warn the public about Diamond Resorts points not being able to be listed with a member of the Licensed Timeshare Resale Broker Association. A timeshare member can list any major timeshare except Diamond Resorts with any of the 64 members of the LTRBA. The members feel the restrictions Diamond places on the use of secondary points are more onerous than any of the major timeshares they do list.  

You decide the merit and purpose of this interview. The industry continues to ignore the secondary market preferring to promote surrender programs. While the elderly are often mentioned, many young families who feel they were defrauded on the front end of the timeshare purchase have reached out to Inside Timeshare to let their voices be heard.

http://wjla.com/features/7-on-your-side/7-on-your-side-uncovers-the-smart-way-to-break-away-from-your-timeshare

One of the many Diamond Advocates has reached out to the ABC reporter to offer a 101 in Truth. Why Diamond will not loosen its restrictions so that a member can actually sell their timeshare is a mystery.

Our National Timeshare Owners Association 20th Anniversary

NTOA – A Timeshare Member’s Only Voice

Lobbying

By Charles Thomas and Irene Parker

May 8, 2017

European timeshare member lobby efforts are in a state of upheaval due to the bankruptcy of TATOC. It is not always easy to determine if an organization is on the side of the timeshare member or on the side of the developer. One thing is clear. The timeshare developer is not on the side of the member when the interest of the member is at odds with the developer.

The National Timeshare Owners Association in the US is one timeshare member/owner organization unquestionably on the side of the owner or member. As the industry moves towards points, timeshare buyers don’t “buy” or “own” anything. I will use “member” from now on when referring to timeshare purchases.

Timeshares today are mostly a “right-to-use” program. Buyers “join” the program. Unlike a country club that charges a nominal initiation fee upon joining, a timeshare purchased directly from a developer usually involves an initial outlay of $25,000 to over $100,000. Unlike a country club, you can’t cancel at whim.

Signing a perpetual contract without a secondary market, or a limited secondary market at best, has given rise to a robust transfer agent scam industry and has been a boon for timeshare lawyers assisting those sold by “deceit, concealment or bait and switch”, defined by the FBI as White Collar Crime. There have been numerous lawsuits.

Timeshare developers have been unwilling to address the need for a secondary market, preferring to focus on voluntary surrender programs, which are not guaranteed. Often members must grovel before the developer seeking release from a timeshare they no longer need or want.

This unwillingness to allow a legitimate secondary market could lead to the industry’s demise. As one member of the Licensed Timeshare Resale Broker Association told me, “Many of the calls to our office begin with – my parents got roped into this timeshare.”

Timeshare has had its share of ups and downs over the years. My husband and I bought our first timeshare in 1984, so we have ridden the waves. Never have I seen such an upswing in predatory lending and aggressive strong arm selling tactics. Never before has there been such a need for an organization that truly and purely is on the side of the timeshare member.

I asked Greg Crist, CEO of the National Timeshare Owners Association to describe the organization in a nutshell.

NTOA is a source of real and unbiased information and education. Over the organization’s 20 year history in the timeshare community, we have seen many ownership programs develop and later change. For example, developers have been converting to points programs from deeded intervals for several years. There are other major changes happening in vacation ownership and often owners are not keeping up with those changes. Our role is to help educate those owners (our NTOA members), assisting them to better understand their current ownership benefits”.

“Advocacy is another area we focus a lot of attention on in the United States, Canada and now Mexico. We work with law enforcement, regulators, legislators and attorneys, assisting in consumer protection and again educating all stakeholders on various threats to consumers that exist in the marketplace”.

“Finally we do everything we can to encourage owners to get the most beneficial interest out of their Vacation Ownership. As timeshare owners ourselves, we feel these are the three areas that owners typically seek knowledge and support from us.”

gregcrist600
Greg Crist: CEO NTOA

Inside Timeshare previously published an article about NTOA’s efforts chasing fraudulent timeshare transfer agents caused by the limited secondary market. This is one area the NTOA and the timeshare developer lobby organization ARDA share a common interest. As NTOA works so much behind the scenes, many timeshare members are not even aware of the organization’s existence.

We hope that will change as we launch a membership drive.

Here is one example of how NTOA worked with Eagle Crest in Oregon to stop this particular timeshare transfer fraud.

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

As to the demise of TATOC in Europe, Greg expressed some dismay over the demise of this organization.

“The NTOA has worked with TATOC in identifying a number of rogue resale and secondary market companies over the past several years. To that end, our staff has shared intelligence and best practices for consumers and for foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.”

I posed the following questions to Greg:

What can a timeshare member do to promote legislative changes to reduce the volume of complaints about aggressive selling and predatory lending?

Greg: The various state legislative processes are often fast moving and difficult to keep up with. Having success in this area requires a grassroots effort in states where owners reside. The optics that many legislators have is that our owners/members are not voters in the states where industry lobbying is prominent. We have to change that perspective so that elected officials are more receptive to the voices of owners.

What is NTOA’s three to five year plan?

Greg: NTOA is in the final leg of its expansion plan in North America. We have been working in Canada for the last three years and began working in Mexico in 2016. This year, we are participating in two industry conferences in Mexico and intend to have a consistent presence there going forward.

To accomplish this part of our mission, we rely on close relationships with other associations in those countries. This includes the CVOA, CARE, ASUDESTICO and ACLUVAQ. In working with partners, we can not only better assist our members/owners but also promote regional tourism as well.

Is there anything NTOA can do to promote a legitimate secondary market?

Greg: The secondary market is a very complicated problem and no one-size fits all solution will work. The NTOA is working with the C.A.R.E. resale task force to develop a better understanding of the barriers, challenges and opportunities for owners and HOA’s.

When you support the NTOA, you are supporting the only recognized independent association in North America supporting timeshare owners.

ntoa-logo

Timeshare Advocacy needs more member voices. We look forward to hearing from you. For more information about how to join NTOA, here is their website.

https://www.ntoassoc.com/

NTOA has assisted many of our Inside Timeshare readers through member supported advocacy groups. We have several upcoming articles contributed by timeshare members reaching out to the general public and to current members by sharing their story hoping to promote increased awareness.

Diamond Resorts Owners Advocacy is one Advocacy Group Inside Timeshare supports. We hope other timeshare member groups join the cause.

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

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

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

Inside Timeshare would like to thank Greg Crist, CEO of the NTOA for his contribution to this article, as usual Irene has done a superb job of conducting the interview.

We would also welcome any views or comments on any article published, it is your voice, use it.

your voice

FOX NEWS Bi Polar Timeshare Reporting

Inside Timeshare has been publishing many articles from our friends across the “Great Lake”, only a couple of weeks ago we published the story of Irene and her husband Don being interviewed on the Property Man Show with Bob Massi. Since then the following has occurred, this does seem to be stirring up some controversy among owners on that side of the Atlantic.

FOX NEWS Bi Polar Timeshare Reporting

A treatise on propaganda and media spin

weasel

By Irene Parker

May 3, 2017

Okay FOX News – Which is it?

First we have Fox Celebrity Dave Ramsey telling us timeshare has a 98% dissatisfaction rate and that people should run as far away from the timeshare product as they can get.

https://www.youtube.com/watch?v=stGj6hB2rTo

As Inside Timeshare previously reported, FOX celebrities Dave Ramsey and Laura Ingraham are paid to endorse timeshare transfer agents Property Man host Las Vegas Attorney Bob Massi warns timeshare owners to stay away from.

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

Next, we have FOX Property Man and our interview with Las Vegas attorney Bob Massi about Diamond Resorts that was pulled from replay immediately after it was aired. Worse, what was intended to be a warning to consumers that Diamond Resorts is the only major timeshare that cannot be listed with a member of the Licensed Timeshare Resale Broker Association, was turned into an advertisement for the timeshare developer’s lobby, ARDA.

In our interview and on Bob Massi’s prior interview with members of the Licensed Timeshare Resale Broker Association, Mr. Massi recommended timeshare members or owners contact a LTRBA member if they need to sell a timeshare. You can do that with any timeshare except Diamond Resorts due to restrictions Diamond has placed on the use of points purchased on the secondary market more onerous than any of Diamond’s competitors. The LTRBA members feel Diamond points are worthless on resale.

https://www.youtube.com/watch?v=VHCdcS2Ds-U

Our interview will no longer be aired but what will be broadcasted in perpetuity is Diamond CEO Michael Flaskey’s interview with Maria Bartiromo, aired one week later on FOX after our interview, explaining that Diamond Resorts will be taken to a new level.

https://twitter.com/thevacationdr?lang=en

Our timeshare Advocates are there for timeshare members or owners who feel they were sold by deceit, concealment or “bait and switch” as defined by the FBI as White Collar Crime. Lawmakers and regulatory agencies have, for the most part, turned their back on an industry virtually unregulated, as expressed by Diamond member Nancy Callahan, one of six Diamond platinum members complaining about the same Las Vegas sales center.

http://insidetimeshare.com/another-nightmare-timeshare-street/

 Inside Timeshare has a number of upcoming articles submitted by new contributors, angry due to being held hostage by their vacation plan. Diamond’s contract states, “You can sell your shares, we just won’t assist you.” Anyone who has had any experience with real estate would take that to mean you can pick up the phone and talk to a licensed real estate agent. You can do that with any major timeshare but Diamond Resorts. As a former licensed stockbroker, I would have never signed a contract for a product that could not be sold through a licensed broker.

If you or anyone you know has a timeshare experience, good or bad, you would like to share, contract Inside Timeshare or one of our Advocacy Groups.

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

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/

How sad that something that is supposed to be a means to rest and relaxation has turned into a battlefield between timeshare members and developers. My husband and I used and enjoyed or Maui Hill, Port Elsewhere and ILX timeshares for over 25 years without a question, comment or post until we learned we can’t sell our timeshare.

alamo

Mr. Massi tried. He really did. But he, like me, is on the losing end of a massive amount of power that will do anything to silence the voices of those who feel they have been victimized by unscrupulous timeshare sales agents.

After retiring from the stock brokerage business, I became a CASA Supervisor, Court Appointed Special Advocate on behalf of children in foster care. CASA is known as a voice for the voiceless. I would be voiceless too if I had accepted Diamond’s offer to refund our money. I would have been just another timeshare member silenced by a CNDA or Confidential Non-Disclosure Agreement.

We were offered our money back after signing a contract based on the availability of New York properties as our daughter lives in New York City, only to learn NYC properties are affiliated so never discounted. It would take approximately $10,000 in Diamond maintenance fee dollars to stay one week in the same hotel if booked online for approximately $2600. The same holds true for Great Wolf lodge, San Francisco and other big city destinations. Ours is one of four complaints forewarned to our Advocacy group about oversold availability. Having signed a perpetual contract, consumers fall victim to the oral representation clause, often described by timeshare attorney Mike Finn as a “License to Lie”. It must stop.

support group

It would appear that Diamond are on the offensive, or are they just running a “damage limitation exercise”?

We leave it to you the readers to decide, your comment on either Inside Timeshare or the advocacy facebook pages are always welcome.

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