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Miguel Rodriguez Ceballos

The Tuesday Slot with Irene

In this week’s Tuesday Slot with Irene, we welcome another new contributor, Alicja Tandecka from Poland, with comments from Irene Parker. This story is one with a happy ending, so Inside Timeshare is pleased to share this with you. But first we have a quick look at Europe.

On the legal side, it now looks like we have two courts where the judges have decided to dispense with full trials and issue judgements at the pre-trial stage. Usually the pre-trial is a general review of the case and the judge will then decide to set a date for a full trial.

The Courts of First Instance No 1 & 4, of San Bartelomé de Tirajana in Maspalomas have now in several cases decided that a full hearing is no longer necessary. Their reasoning behind this is very simple, it is a matter of contracts, they are in breach of the timeshare laws 42/98 & 4/12 along with the rulings from the Supreme Court. In these cases the judge has decided to rule and issue his sentence, the last one was issued within three days of the hearing.

This is obviously good news for clients, as it will speed up the legal process no end.

Another lawyer known to these pages has now started to publish the results of his cases, Javier Correa, who at one time worked with Miguel Rodriguez Ceballos of Canarian Legal Alliance. With the news that Javier is now publishing his results does go to prove that what timeshare companies such as Anfi, along with David Cox of TESS stating that these are all fictitious cases is not true. They are a matter of public record, Inside Timeshare even published links to the official website where these case files can be accessed.

News has just been received on the EZE Group case, Dominic O’Reilly and Stephanie O’Reilly his daughter, are to appear at Birmingham Crown Court on Monday 30 April 2018 for sentencing. This will be good news for all those EZE Group clients who have been taken in by this company. One question which we will ask, is how will Birmingham City Football Club deal with this, after all EZE Group are linked to them and also have a stand named after them?

As we were about to publish , we went to check some details on the EZE Group website, the account has been suspended and cannot be accessed.

More news on this next week.

Now for our Tuesday Slot.

Alicja Tandecka’s Trip to America turns into a Polo Towers

Diamond Resorts Issue Resolved!

The Federal Trade Commission’s Report on Complaints

April 24, 2018

By Alicja Tandecka

My visit to America from my home in Poland to attend an Arbonne conference turned into a travel dilemma after I signed a contract to purchase a Sampler product from Diamond Resorts. I signed a contract to buy 20,000 Diamond Sampler points for $4,000.

Two hours after I signed the contract, I decided I had made a mistake, so I went back to cancel. I was alarmed to read that this Sampler product has no cancellation period, even though I had found on the internet Nevada has a seven day cancellation period. I feel this is a very unfair business practice.

As a foreigner in a foreign country, I did not know where to turn. I reached out to Inside Timeshare and the Diamond Member Sponsored Advocacy Facebook for help. I will be eternally grateful to have found them and their pro bono help in all this will not be forgotten. This is what restores my faith in humanity.

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

As you can see, we were having a great time in America until I realized I had made a mistake buying something I really did not understand.

https://www.facebook.com/alicjatandecka

Irene Parker from Inside Timeshare directed me to the Diamond Resorts Consumer Advocacy department. I told her about the high pressure sales presentation I attended. Irene explained that Diamond has introduced a program called CLARITY that promises no high pressure and that I should explain to that department what happened.  

When I went back two hours after I signed the contract to cancel, the office was closed. The next morning I went back again and was asked to write down the reasons why I wanted to cancel so the agent could send this to Diamond corporate. The agent I spoke with assured me I would be refunded, but I was worried.

Irene explained that Timeshare Advocacy Group™ advocates have helped 404 timeshare members because reports indicate there is no enforcement of timeshare regulations in Nevada and a few other states. She suggested I submit an article to Inside Timeshare about my experience. She sent my article to Diamond Resorts for comment to see if someone might reach out to help me end this ordeal. Someone did so my trip to America ends with many new Facebook friends and a timeshare issue resolved!   

Comments from Irene

The Federal Trade Commission released complaint statistics and timeshare made the highest dollar amount. The amount of $1,700 seems low as timeshare member reports from members reaching out to Inside Timeshare include members losing money in amounts ranging from $25,000 to $400,000 or more.

The most common comments:

I’m so embarrassed! I feel so stupid! We haven’t told our kids!

Excerpts from the FTC report:

The Federal Trade Commission has released statistics on complaints and other problems reported in 2017. Some came directly from consumers, while others originated with law enforcement agencies and other organizations, including the Better Business Bureau.

The FTC received 2.7 million reports in 2017, a slight decrease from 2016. However, the amount of money people reported losing to fraud increased 7.5 percent to $905 million. The true numbers are much higher since many people don’t report being defrauded because they’re embarrassed, afraid, or don’t know where to turn for help.

Abusive or fraudulent debt collection calls were the top source of complaints in 2017, representing 23 percent of all reports. Identity theft, led by credit card fraud, and impostor scams rounded out the top three.

For the first time, the FTC broke out the numbers by the age of the person filing the report and the results mirror what the BBB has found in analyses of complaints it receives. Younger people reported losing money to fraud more often than seniors, but seniors suffered a greater dollar loss.

The median loss from all types of fraud was $429. Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population.

Florida had the highest per capita rate of reports to the FTC, at 993 per 100,000 population. Tennessee came in 10th at 649 per 100,000 and Mississippi was 27th at 514. North Dakota had the lowest ratio at 277 per 100,000 population.

https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

Inside Timeshare will walk with Alicja until her issue is resolved or foreclosed. We’re checking into whether defaulting on $4,000 will have any great effect on her credit report in Poland or create any problems coming to America in the future.  

More helping hands:

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/

Thank you Alicja for your contribution, Inside Timeshare and all the team who work with Irene are very pleased to have been of help, we are glad that your trip has ended with a host of new friends and we wish you luck for the future.

If you have any comments, questions or concerns about this or any article published, or need help to decide what to do and who you can trust, then use our contact form and Inside Timeshare will get back to you.

 

Thursday Updates

In Yesterday’s article on RSB Legal based in Redditch Worcestershire, looking like they have ceased trading, Inside Timeshare was contacted by Praetorian Legal, with the following information which we publish for our readers.

They have advised us that Praetorian Legal had been contacted by RSB Legal in order to underwrite some of their termination business.

Their statement is, if you received a Praetorian Legal indemnity document, they have advised us that Praetorian Legal will honour their indemnity and timeshare owners will remain fully covered under the Praetorian Legal Timeshare Protection Indemnity.

Inside Timeshare would like to thank Gary Smith of Praetorian Legal for responding so quickly, this does show their are some companies who are willing to do the right thing. It also shows that what has been published about his company by TESS and the TCA is designed to sully his reputation.

On the subject of TESS, the website TESS Timeshare Facts has been rather busy with their research, in their article:

DAVID COX AND BERNADETTE COX DISSOLVE COMPANIES FASTER THAN ALKA SELTZER IN A GLASS OF WATER

In this article they have uncovered some very interesting information, this surrounds David Cox’s past “business career”, it does not look very impressive. It highlights every business that Mr Cox has been involved with, showing the status of the business, many are dissolved with unpaid debts!

These are just of the few that have been published on the TESS Timeshare Facts website:

Directors of U JET LIMITED were David Cox & Bernadette Cox  Status: Dissolved Unpaid debts left owing

Directors of D & B COX LIMITED were David Cox & Bernadette Cox  Status Dissolved Unpaid debts left owing

Directors of D & B COX (CONTRACTING) LIMITED are David Cox and Mrs Bernadette Cox.  Trading Status: Dissolved Unpaid Debts left owing

For the full article click on the link below:

https://tesstimesharefacts.com/news/david-cox-bernadette-cox-disolve-companies-faster-alker-seltza-glass-water/

The article also provides all the links to company house records as well as links to other websites, Inside Timeshare would love to meet the authors of this website, but we fully understand the reason for them wanting to remain anonymous. All Inside Timeshare can say is keep up the research!

Just to finish off today, it was also announced by Canarian Legal Alliance that they have received another ruling from the Supreme Court in Madrid, this now makes 106.

This case involving clients from Norway was against Palm Oasis / Tasolan SL, the lawyer representing them was Miguel Rodriguez Ceballos, CLA’s senior lawyer. The interesting fact about this particular case is the Escritura and the registration of the timeshare at the Property Registry. By registering they were trying to treat the timeshare as property thereby attempting to circumvent the timeshare laws, making then non-applicable. The court disagreed and declared that timeshare law was applicable.

The court declared the contract null and void awarding the return of over 16,000€. One of the infractions of the timeshare law was the length of the contract, being more than 50 years. (PDF of the court ruling is below).

Supreme Court Palm Oasis Tasolan

In tomorrow’s Letter from America we shall be running the story of Gad and Noreen Liebmann, both army veterans and their experiences at the hands of Diamond sales agents. They are currently staging a protest outside Diamond’s Daytona Beach Resort. So do join us tomorrow, it is a story that will make your blood boil!

Inside Timeshare is here to inform you of what is happening in the murky world of timeshare, bringing you the news from the courts, the US and beyond bringing timeshare owners around the world together. We also publish articles about different companies and how they operate, inform you of the fake law firms and what to look out for,so you have the facts who to trust.

If you are unsure about any company that contacts you or one that you have found searching on the web, contact Inside Timeshare and we will help you find out.

The Tuesday Slot with Irene

Welcome to the Tuesday Slot with Irene, this weeks article has been submitted by Sheilah Brust and her complaint to the FBI regarding her dealings with Diamond sales agents. Inside Timeshare has passed on many complaints to the US team, who are also helping people to file similar complaints.

Now for our usual look at some of the European news.

Another contract has been declared null and void by the Supreme Court in Madrid, this time against Palm Oasis / Tasolan. According to the judgement the contract was once again in breach of the timeshare law in regards to the contract being for an indefinite period, or for more than the stipulated period and the taking of deposits within the cooling off period.

The UK couple (pictured below) have been awarded over £12,000 plus the legal fees and legal interest. The case was brought by the lawyers Miguel Rodriguez Ceballos and Eva Maria Gutiérrez, both from Canarian Legal Alliance.

CLA Clients

PDF for the Supreme Court Sentence

Palm Oasis Tasolan Supreme Court Sentence 114-2016

It has also just been announced that CLA have received Supreme Court ruling number 95, this was against the Tenerife based company Silverpoint.

The court again declared the contract null and void and has awarded £99,504 to the client, the court increased the amount by an incredible £26,652 in way of a fine against Silverpoint for taking an illegal deposit at the point of sale during the cooling off period. The client will also received back the legal fees and legal interest.

So far there is no news on the sentencing of Dominic O’Reilly or Stephanie O’Reilly of EZE Group, they pleaded guilty at Birmingham Magistrates last year, with the magistrates referring the case to Birmingham Crown Court for sentencing. The delay may just be due to waiting for reports from the probation service which is a normal procedure, especially if a custodial sentence is possibly involved. When we find out we will let you know.

There is also still no news of the investigation of the South West Police ROCU investigation into some of the Mark Rowe companies, this is likely to be a long drawn out investigation which will be covering these companies activities over a number of year. Obviously there will be many consumers with complaints and all these will need to be interviewed. So don’t expect a speedy conclusion.

Now on with our FBI article from Sheilah edited by Irene Parker.

FBI Talking Points – “Just the Facts, Ma’am,” Joe Friday

By Sheilah Brust

March 13, 2018

For timeshare members too young to remember, “Just the Facts, Ma’am”

dragnet

The show (Dragnet) was the result of an extraordinarily close collaboration between (Jack) Webb (Sgt. Joe Friday) and LAPD Chief William H. Parker, who had quickly built a reputation for eliminating corruption. (Timeline June 20, 2017)

https://www.youtube.com/watch?v=N3Xh4f8lOjU&list=PL_72IjwCotIQgQAe2WPvR2mPwEPVl-1FB

It was hard to believe I was on hold, waiting to talk to an FBI agent about my vacation plan. I am so disappointed at having to resort to this, but what we were told was not true. We have owned this timeshare since before it was acquired by Diamond Resorts. We had traded in our deeded timeshare into non-deeded Diamond vacation points and had accumulated 50,000 points, enough to become Platinum Diamond members. We had hoped to leave something nice for our children and grandchildren. After experiencing what I believe to be fraudulent bait and switch tactics, we don’t have enough money to travel. Like so many other complaints, we were told if we purchased additional points, we would not have to pay maintenance fees.  My husband and I had to get part time jobs to pay for the fees. I used to work for the New York State Governor’s office of Employee Relations, so I knew to start filing regulatory complaints, which is so time consuming it’s like having two part time jobs!

50,000 points I owned prior to the presentation

15,000 additional points in dispute

65,000 x 2 (double points) = 130,000

Our annual maintenance fee on 50,000 DRI points is $8,631. The additional 65,000 points redeemed at $.10 a point would have paid for $6,500 of the $8,631. It’s a great program. Too bad it doesn’t exit.

There is no such program allowing double points, but “Hospitality” agents at Diamond Resorts “Consumer” Advocacy department are trained to be detectives themselves, searching through the member’s contract to be able to email you back your initials on the fine print, in essence saying, it doesn’t matter what a sales agent says. All that matters is you signed a contract.      

According to lawyers our advocacy group has talked to, it is not legal to hide behind fine print, encouraging sales agents to lie. I found this online:

In case after case, scandal after scandal, American federal law enforcement officials have clearly shown by their indictments and prosecutions that there is no confusion in their minds—lying is a crime. Businesspersons need to clearly understand those rules and what prosecutors define as lying.

Graziadio Business Review

https://gbr.pepperdine.edu/2010/08/businesspersons-beware-lying-is-a-crime/

The reason timeshare agents get away with it is because there is virtually no enforcement. Timeshare buyers usually buy timeshares in states other than the state they live in (usually a state that sells lots of timeshares and brings in lots of tourist dollars), so when you file a complaint, the elected officials of the state, in which you are not a resident, may not take you seriously.

The weakened Consumer Financial Protection Bureau doesn’t even allow you to select a timeshare company from their menu when filing and the timeshare borrower usually doesn’t even know the name of the actual lender. The timeshare company services the loan, so we picked Barclays from the menu, but when you talk to Barclays they usually say, according to our Facebook members, That’s too bad but we didn’t directly sell you the points or commit the alleged crime.”

So, here we are asking the FBI for help. This is what I learned reporting an online white-collar crime complaint through IC3.gov and orally through the FBI field office nearest to where we bought our timeshare. Any timeshare member who feels they have been victimized by “deceit, concealment, violation of trust, and bait and switch” of a serious nature, like ours, needs to file a complaint with the following law enforcement agencies in addition to filing regulatory complaints:

  • The FBI at IC3.gov online using the FBI’s Complaint Referral Form,
  • The FBI orally through the FBI field office nearest where you signed your contract.
  • When you call, select the prompt for “Submit a Tip” then #3, White Collar Crime. Have your facts ready and contract handy. It’s a good idea to write your facts down so that you have good facts in front of you. Even the thought of calling the FBI is a little intimidating, but the agent I spoke to was a nice man who seemed very interested in what I had to say.
  • The Federal Trade Commission – find the “Timeshare Sales” option. https://www.ftccomplaintassistant.gov/GettingStarted#crnt
  • The Secret Service – FBI agent #1234 I spoke with (I don’t want to use his real number) said we should also file with the Secret Service if it involved credit card fraud. We’re looking into that. www.secretservice.gov

In our case, we were not told two Diamond Barclay credit cards were going to be opened. We were not even aware of the amount of the down payment. The down payment was $26,000! We would have for sure used a credit card that would have earned us reward points. I was infuriated when our DRI salesman Brad Leslie came back and said “Barclay loves you guys! They gave you $26,000 credit!” We thought the form we filled out was to check our credit for the down payment. We already had two Barclaycards, one issued by Diamond and other personal. Now we have four Barclaycards!! We did not dispute it because Brad said he would transfer it to our existing Diamond loan. That never happened.  

Don’t be afraid to talk to the FBI. The agent I spoke with did not rush me. We spoke for over an hour. https://www.fbi.gov/contact-us/field-offices/

Some of the things they will want to know include:

  • When you purchased your timeshare?
  • Where you purchased your timeshare?
  • Who sold you the timeshare?
  • What did you purchase?
  • How much did it cost?
  • Why do you feel it was fraud for profit?

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases. https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

I have read so many sad stories on our advocacy Facebook page. It tears me up inside to think a company that was good until about 3 years ago can do this to people. It’s gotten worse in the last few years. I guess I always want to believe in the best in people, but after this – $60,000 later, that is hard to do. We have asked Diamond to give us our money back for the last purchase that we believe meets the definition of fraud for profit. It takes a day to buy a timeshare, but weeks, days and sometimes years to get out of one.

Whatever you do, don’t pay anyone you don’t know money upfront to get you out of your timeshare. Check with our advocacy group before retaining an attorney or a “get you out of your timeshare” exit company.

With no secondary market, consumers are completely at the mercy of the timeshare company, but I hope we can turn this around and make the public and Diamond aware that some of their sales agents exhibit questionable business practices.

Diamond, make this a good company again!

There may be other timeshare members who feel they have been victimized by the same sales agent. If so, you can give the name and phone number of that member to the FBI agent so they can look up the other member’s complaint, linking your complaint to theirs. It’s a sophisticated system.   

Timeshare members nationwide want to thank the FBI for their efforts. Without them, we would have no federal enforcement – only members helping members.

tree

These are timeshare advocacy groups Inside Timeshare believes are pro-consumer, non-industry influenced, seeking to provide members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

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/

Thank you Sheilah for your contribution, we are sure it will give others the confidence to undertake this task themselves.

As always, if you have any questions or comments on any article published or are just wanting information on any company that has contacted you or you have found on the internet, contact Inside Timeshare and we will point you in the right direction.

Remember doing your homework and checks before engaging with any company will save you in the end.

Timeshare In the Press

Following on from some of the previous articles regarding court cases and the fact that many of the timeshare companies are denying they have taken place, El Diario, a Spanish newspaper has published an article which confirms these cases are genuine.

(Bring up the link below, right click on the article and choose translate)

eldiario

http://www.eldiario.es/canariasahora/tribunales/sentencias-Supremo-contratos-timesharing-Tenerife_0_677182619.html

In their article entitled “Eight Supreme Court rulings annul in one month `timesharing´ contracts in Tenerife for more than 400,000 euros”, they explain the cases against Silverpoint. El Diario explain that the Civil Chamber of the Supreme Court issued in the space of 10 days, between Monday 10 July and Thursday 20 July, a total of eight judgements against Silverpoint.

They go on to state that since the start of the year Canarian Legal Alliance has accumulated 18 rulings from the Supreme Court against this one company alone. Many of these cases had been won at the Court of First Instance, were then taken to the High Court on appeal and eventually to the Supreme Court, which returns a verdict in favour of the customer.

Silverpoints contention that these consumers are “investors” has in the past been accepted by the High Court in Santa Cruz de Tenerife, with the Supreme Court overturning that verdict. Silverpoint still contend that they sold a product which consumers eventually would sell and return a “profit”, making them “investors”.

What the Supreme Court has stated is these “consumers” for a substantial amount of money have purchased the right to use with annual maintenance fees, along with the addition of the possibility of resale. The court believes that this firmly brings the product into the scope of the law 42/98 on timeshare, and therefore they are afforded the full protection of the law as consumers.

The difference between what Silverpoint have been selling and that sold by other companies is quite simple, Silverpoint have on their presentations sold the product with the express promise of a sale in two years, in which the consumer will make at least a 15% profit. We all know that part of the sales pitch is “when you no longer want to use it you can sell it”, “that it will go up in value”. The fact is, according to the EU directives on timeshare it should not be sold as an investment.

Silverpoint have stated that they will take these cases to the High Court of Justice of the European Union and the Constitutional Court of Spain. From our understanding, the Constitutional Court only deals with matters regarding the constitution and not civil matters, which the timeshare law is. As for the EU High Court of Justice, will they not be bound to uphold the Timeshare Directives issued by the European Union?

Another publication to highlight the rulings of the Supreme Court, is the English language newspaper The Canary News. Last Friday 18 August, they published a translated version of the article in La Provincia, another Spanish newspaper.

the-canary-news-views-sunshine-logo-2016-250

http://thecanarynews.com/supreme-court-ruling-continues-to-tempt-thousands-of-timeshare-clients-to-file-lawsuits-for-fraud/

It starts with a recap of the groundbreaking case of Mrs Tove Grimsbo against Anfi, brought by the CLA lawyer Miguel Rodriguez Ceballos. This case opened the door for thousands of timeshare owners to annul their contracts and seek justice, following years of flouting the law by the timeshare companies.

miguel1
Miguel Rodriguez Ceballos

So once again we have to ask the question “who is telling the truth, do you believe the timeshare companies who have for years misled consumers, or do you believe the news from the courts published in various journals”?

We know who we believe, the evidence is there in black and white, not just published in newspapers but by the courts themselves in the official bulletins which make the rulings public. The timeshare companies have only themselves to blame for their present predicament, for too long they have believed they were above the law, by continuing their denial of these facts they are just destroying for good a once decent product.

http://insidetimeshare.com/supreme-court-rules-silverpoint-twice-one-week/

http://insidetimeshare.com/truth-what-is-truth/

If you have any questions about this subject, or want to know if you have an illegal contract and are eligible to bring a case and how to do so, contact Inside Timeshare and we will point you in the right direction.

Do you have a story about your experiences and would like to share, then we would like to hear from you. This is your forum to be heard, with your contributions we can publish the truth about what is going on in the world of timeshare.