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The Tuesday Slot: Giving You a Helping Hand

For many people it can be a daunting task to prepare a complaint against a large company, how is it written, who do you file it with? These are all questions that need to be answered.

In Europe the matter of making a complaint against a timeshare company has actually become easier, especially in Spain, where the laws are on the side of the consumer. But trying to deal with a company that has for the most part tied you up in contracts and legal jargon, has resulted in many complaints by consumers just being put aside with the feeling what is the point?

In today’s article Irene shows how to write the complaint and who to file it with, the most important point is don’t let it get you down there is always help out there. So on with the advice.

How to File a Timeshare Complaint

complaints

By Irene Parker

September 12, 2017

After Inside Timeshare received 135 US timeshare complaints (as of September 8, 2017), this guide evolved to use as a blueprint to file a complaint. Previously, we published an article called “The 3Rs or F of Timeshare” because no one should have to own anything in perpetuity if they can no longer use or afford the product.

http://insidetimeshare.com/part-ii-three-rs-timeshare/

How to File a Timeshare Complaint

  1. Name (s) and age of member
  2. Phone Number
  3. State of Residence
  4. Number of points owned per contract
  5. Member Number
  6. Loan Number  
  7. Current Maintenance Fees
  8. Total purchase price per contract
  9. Location purchased
  10. Sales agent and sales agent ID Number if available
  11. Original Loan Amount, Loan Number and stated interest rate
  12. Current Loan Balance
  13. What do you want? Do you seek Refund or Relinquishment?
  14. Why? Is it due to Deception, Health, Age or Financial Burden?

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment.

Availability:  Dissatisfied in general with availability complaints will go unheeded.

MOST IMPORTANT – Purchase Timeline

It is better to state your narrative as a narrative referring back to the contracts and figures at the top of your complaint. Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong.

The most common complaint is bait and switch. If you feel you were deceived list the reasons why.

who what

How Advocacy Works

Email Inside Timeshare your complaint if you would like to talk to someone about your concerns. Before you begin, raise your right hand. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? It is important to present your information factually and without opinion.

Consider becoming a volunteer report writer if you have reporting experience.

If you have questions, email Irene Parker – ireneparker377@gmail.com

Cell – 270-303-7572 EST – Feel free to call any day of the week between 1 to 5:00 PM EST or if you are unable to prepare your own report.

We are not attorneys and we do not provide legal advice. We have researched regulatory agencies and are here to direct consumers to the appropriate regulatory agencies. Agencies are listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events, like a hurricane, can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel a hostage to their vacation plan. Contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market.

http://www.licensedtimeshareresalebrokers.org/

After you complete your complaint email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, conduct an investigation and report back that the sales agent (s) denied your claims. It’s a negotiation so if denied, file a rebuttal.

deneid

If you feel you are a victim of deceit and bait and switch, send us a copy of your complaint. An Advocate will file your complaint on your behalf with the firm’s public relations office and ARDA, the timeshare lobby, for violating ARDA’s Code of Ethics which can be found on ARDA’s website. We do not recommend owners make the voluntary opt in or opt out contribution on your maintenance fee invoice for ARDA ROC (Resort Owners Coalition). ARDA is basically a PAC that lobbies for the industry when the issue is one that is at odds with members. We will also include NTOA National Timeshare Owners Association and the bank that financed your loan or issued a credit card. By having the Advocate file on your behalf, we can track complaints, documenting a pattern of criminal behavior.

Mark your email urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. It may take up to 30 days to hear back from the resort. Resend in three weeks if you have not heard back. If you feel you were a victim of deceit and bait and switch, give the resort a week to respond before filing regulatory complaints.

The member will report back to us with a positive or negative outcome. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed. Just report a positive outcome or resolution.

If your resort denies your claim begin filing complaints with regulatory and law enforcement agencies beginning with the Attorneys General of the state where you signed your contract, where you live and where your resort is domiciled. It can take a month or more to hear back from an AG but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state and Attorney General.

office of ag

If there was an unauthorized credit card charge or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. One common complaint is that the buyer was told they could get a lower interest rate from a bank or credit union. File with the CFPB only if there is a loan outstanding or a credit card was used.

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. The Advocate can help you if you don’t know the agent ID number. Timeshare sales agents are real estate licensed in most states.

File with the Better Business Bureau, although the company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints.

The definition of Financial Institution Fraud under the FBI’s definition of White Collar Crime is “deceit, concealment, violation of trust and bait and switch”. The FBI assigns Financial Institution Fraud the highest priority. You can read about White Collar Crime on the FBI website, but complaints are filed at IC3.gov. This is somewhat confusing because IC stands for Internet Crime and people think it has to be internet related. IC3.gov is just the name of the portal.

fbi

 

Most important, consider reaching out to local or national media. Reporters look for content and are surprisingly easy to reach. Write an article about your experience. The more people who come forward, the more the public is made aware of pitfalls before engaging in a timeshare sales presentation.

Our “Chicken Soup for Timeshare’s Soul” Inside Timeshare article is linked at the end of this article explaining what to expect or not expect when you file with a regulatory or law enforcement agency.

Summary of Regulatory and Law Enforcement Agencies

  • Attorneys General where you signed, where you live and where the resort is domiciled. Search (state name) Attorney General for contact information. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed if your complaint is against the agent. “Right-to- use” membership programs are not defined as real estate, but the agent is typically a licensed real estate agent.
  • The FBI under the IC3.gov portal if deceit or bait and switch.
  • ARDA if you feel ARDA’s code of ethics has been violated.
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option selecting the bank that issued the travel credit card or financed your loan.
  • The Federal Trade Commission – due to lack of secondary market
  • The Better Business Bureau
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.

If this sounds like a work, it is, but you can file with some, all, or none of the agencies. We feel “Action and Advocacy” is the way to change questionable timeshare business practices. Change requires volumes of complaints.

What to expect from regulatory agencies

http://insidetimeshare.com/chicken-soup-timeshares-soul/

Life without timeshare through “The 3Rs or F of Timeshare”

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

If you are granted a positive outcome, you may not say or write anything disparaging about the resort, but there is no harm in staying involved. Reach out to others when you stay at resorts. Create a business card type flyer.

Who We Are and Why We Do This

working others

The timeshare industry is wealthy and powerful, able to influence politicians and Attorneys General. Timeshare owners typically are struggling with maintenance fees, unorganized and alone. Venting on complaint sites has no effect whatsoever.

There are a number of timeshare members and non-timeshare member advocates working behind the scenes to assist in the complaint process. If all else fails, we will refer to an attorney if the member can afford one. If you are forced into foreclosure, but have an otherwise unblemished credit report, you can write to the credit reporting agencies in an effort to explain why you were deceived and why you were not able to resolve your dispute.

After retiring from Edward Jones working as an Investment Representative, I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency and deceptive timeshare sales.

  • The abnormal becomes the normal. After hearing 136 complaints (as of September 5), I fear deception is endorsed and encouraged by some timeshare companies. I have interviewed nine current and former timeshare sales agents and managers. They call it “pitching heat” or “No Heat, No Eat”. Of course not all sales agents are dishonest. We hear primarily from buyers seeking assistance when victimized by unscrupulous agents.
  • Victims are silenced and isolated via non-disclosure agreements. Non-disclosure is appropriate in the case of a settlement, but when a family receives nothing after an alleged bait and switch, after spending $5,000 to $500,000 or more on a vacation plan, not allowing the victim to say anything disparaging about the company seems harsh. Many of the families we have worked with are financially devastated.

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. I am not compensated by anyone. Our Advocacy Group is composed of volunteers. We hope there will come a day our Advocacy Group is not needed.

Self Help Groups

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

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

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

September 12, 2017 Irene Parker Timeshare Advocacy Group™  

Although this article is aimed at our American cousins, the principle of how it is written will be the same for Europe. If you believe your complaint is valid, don’t give up, that’s what they want you to do, be persistent, be strong and seek help, it is out there.

In Europe the EU has set up many consumer agencies, most EU countries have consumer rights groups and Consumer Affairs offices. In the UK there are several that you could use, one which has been very good in the past is the Trading Standards Office, these are set up by local councils and have a lot of clout. They have also been instrumental in having some rather shady companies closed down.

Then there is legal action, employing a law firm to take your case to court, in Spain over the past few years this has been very successful. Law 42/98 and the updated version Law 4/12, is based on the EU Timeshare Directives, which were put into place to protect consumers and regulate the industry. Spain now has the strongest timeshare regulations in Europe, these along with other civil consumer laws protect consumers from unfair practices and contracts. These have been strengthened over the past couple of years with around 57 rulings from the Supreme Court, Spain’s highest court, which has removed any doubt about their interpretation.

It now remains for other EU countries to do the same, so no matter where you purchase, the same protection is available. We may even just see a change in the industry for the better.

If you require any further information about this or any other article, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also wants your stories,

good, bad or downright ugly,

so if you have something you would like to share or think will help others,

then

hear from you

 

airplane

The Tuesday Slot

Today Irene Parker calls on our readers in the US to join Inside Timeshare for a get together in Orlando, but first a little of the news in Europe.

It would seem that the TCA and TESS are sniping at each other again, this time it is the TCA having a little dig at TESS. For a change it is actually pretty well written, it also does put quite a bit of doubt about the claims that TESS make.

They publish a letter that TESS is sending to their clients, in this they mention the Spanish Supreme Court rulings. But as usual it seems TESS can’t get their facts right, they say that the “newly issued Supreme Court ruling, which came out of Spain in late 2016 early 2017”, which as we know is not correct, the first ruling was issued in March 2015.

The TCA also question the number of cases TESS have running, including the claim that every case “presented to trial has won”. We must concur with the TCA on this one, we have seen no evidence of TESS having won any cases at trial regarding timeshare, especially in Spain. We can say with all honesty that there are only two firms who have actually had any success that we know of.

It must also be remembered that Mr David Cox of TESS did own the TCA, with his company TESS even taking on Mark Rowe’s clients. We also know their has been a massive falling out between the two, with both sides publishing scathing attacks on each other. For those sitting on the sidelines it has been quite enjoyable.

During our usual searches on the internet, we also came across the following website “the David Cox Story”.

http://www.tess-timeshare.com/

The author has remained anonymous, his research is very extensive and he certainly doesn’t pull any punches. It does also shed a new light on the relationship between TCA and TESS, it also makes you wonder who the author is?

anfi ariel view

We have also been looking at the ANFI DEL MAR Public Group Facebook page, in a post and discussion started on 29 August, all does not seem well amongst the members. The post related the dire state of the accommodation, how it is falling way behind what it was when these members joined.

The complaints are also about the furniture with one member stating that the bed settee “was not fit for purpose”. This same post also complained about the bed covers curtains and furniture still the same as when the upgraded in 2007, that it is shabby and past its sell by date.

Other comments also included having to call out maintenance on several occasions for various things including a broken down jacuzzi, including falls due to slipping on leaking water. Another commentator told of water damaged kitchen cupboards, including a balcony door falling out.

So what is happening to this once wonderful resort?

We leave you to decide the answer to that little conundrum.

Now on with Irene’s little piece.

Meet Inside Timeshare in Orlando for a Meeting/Party

Heres news

Meet Charles Thomas and Lisa Ann Schreier October 11, 2017 in Orlando  

September 5, 2017

By Irene Parker

There has never been a time when the need for Advocacy in the timeshare industry has been so apparent. The evolution from fixed deeded timeshare to sometimes confusing and convoluted points programs, consumers buy in a same day sale, often after an hour’s long sales session, leaves many buyers bewildered and sometimes shocked when the product purchased doesn’t meet the product promised.

Charles Thomas will travel from Canary Islands, Spain, to join us in America as Lisa Ann Schreier and I show Charles what Orlando has to offer, and hopefully gather as many timeshare members as we can to attend an informational meeting/party October 11th.  Grassroots as always, bring your own food and beverages. Charles will be in Orlando for the week, so if you are available from October 7 to October 12, let us know. This will give us an idea on how to plan.

Charles describes himself as a former timeshare sales agent who wasn’t very good at it, refusing to give into high pressure or deception. Charles is British of Maltese descent. After a beer or two you might get Charles to talk about his family tree that dates back to William the Conqueror 1068.

 Lisa Ann Schreier is “The Timeshare Crusader.” She has been teaching and helping timeshare members since 2004.

The Timeshare Crusader is dedicated to helping consumers navigate through the myriad of confusing timeshare information as well as working with forward thinking organizations to be a catalyst for positive change. Lisa Ann is the creative force behind International Timeshare Appreciation Day, held annually on November 1, so perfect timing for a preliminary kick-off.

Lisa is author of two bestselling books, “Surviving a Timeshare Presentation…Confessions from the Sales Table” and “Timeshare Vacations for Dummies.” She also co-authored the college-level textbook, “An Introduction to Vacation Ownership Management.”

Lisa Ann’s Blog can be accessed at

http://thetimesharecrusader.blogspot.com

A little bit about Lisa Ann Schreier

Lisa Ann served as the Director of Member Services for the National Timeshare Owners Association from 2013 to January 2017. Prior to NTOA she served as Director of Communications for Celebration World Resort and most importantly, understands the industry from the inside out having worked in timeshare sales and sales management for several Orlando resorts.

Lisa Ann’s passion for the timeshare industry and the rights of the consumer fits like a hand to glove with the mission of Inside Timeshare:

Our mission is to provide you news surrounding the timeshare industry, providing you with the information and tools to make informed decisions about the companies you may wish to deal with.

Then there is me. I call myself The Peasant of Venice antithesis to The Queen of timeshare Versailles because I live in Venice and have devoted full time volunteer hours to help timeshare members, alleging they were deceived by bait and switch, prepare their request for refund, relinquishment or loan cancellation. I rely on Lisa Ann and her expertise along with several other timeshare insider advocates working behind the scenes as the member and I work toward timeshare freedom, if that is their goal.

Hat’s off also to Irene Allen and the admins of advocacy Facebook groups working towards timeshare reform. Social Media has indeed enhanced the ability for members to contact other members to share experiences and concerns.

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/

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

Join us in Orlando if you can. I have met with several of our Facebook members at resorts throughout the country. There’s nothing like meeting someone you already consider a friend face to face. Remember to contact Charles at Inside Timeshare, Lisa Ann or me if you are able to hook up with us.

party time

Thank you Irene, I am certainly looking forward to meeting you all and visiting Orlando, see you all soon.

 

law

Legal News From the US: Castle Law Group PC v Timeshare Developers

Today Irene Parker gives us an insight into one lawsuit that has made the headlines in the US, it would seem that across the great lake it is the timeshare companies that are on the legal offensive. In Europe the timeshare companies are very much on the defensive as we have seen in some of our previous articles.

Yesterday we published an article about the legal battle being waged against Silverpoint, they have stated that they will be filing a case with the High Court of Justice of the European Union, arguing that Spain has got the EU Timeshare Directives wrong.

eu court justice

Just to clarify one point on the EU Timeshare Directives, that is what they are “directives”, they are not law. A directive issued by the EU is a guide to all EU States to enact into their own domestic laws certain aspects which affect citizens. It is up to each individual state to interpret those directives as they see fit. The whole point is that each State may strengthen the directives, which is what Spain has done with their own timeshare laws, firstly with Ley 42/98 and more recently with Ley 4/12.

Directives are there to try and unify each State’s laws, especially on the matter regarding consumers rights, which the timeshare directive was intended to do. Before the timeshare directives came out, timeshare in Europe was what can only be described as lawless, timeshare companies could walk all over the consumer, there was no protection, timeshare was a new concept which nobody actually understood.

It followed an old economic system known as Laissez-faire, which has its roots in the 17th and 18th centuries, it was to be free of any government intervention, such as regulation. More recently a new term was conceived by conservative politicians and economists ‘free-market capitalism’. Timeshare has always followed this model, profit, profit and more profit at the expense of the consumer. (Again it sounds like Star Treks Ferengi).

Until laws are strengthened to the benefit of the consumer, we are going to see many more of these legal battles, be it consumer against developer or developer against law firms, the stage is set, let battle commence!

Now on with today’s article by Irene

Castle Law and Judson Phillips is Sued in Federal Court for Fraud

Orange Lake v. Castle Law Group PC

Westgate v. Castle Law Group

Diamond Resorts v. Castle Law Group

Who Next v. Castle Law Group

Speak truth

By Irene Parker

August 22, 2017

Who is Judson Phillips?

Tea Party Nation is a conservative American group considered part of the Tea Party movement.   The group was created by former Shelby County, Tennessee assistant district attorney Judson Phillips in 2009

https://en.wikipedia.org/wiki/Tea_Party_Nation

Judson Phillips Ridiculed for Wanting to Deny Others the Right to Vote

Judson Phillips, the lawyer behind Castle Law Group (Nashville), latest idea has created a hurricane size backlash against Mr. Phillips. The Castle Law Group owner believes that only property owners should have the right to vote.  Phillips seems to believe those who aren’t the elite feudal lords of property can’t be trusted to vote. Instead, they must be put back in their place as serfs, working for their lords for scraps off the feudalistic tables.

http://www.brighthub.com/money/home-buying/articles/123520.aspx

A Bright Hub reader’s response:

Yes, I am Republican but in no way would I ever want to be affiliated with any political group who deemed renters shouldn’t vote in public elections.

Who Castle Law Group is not:

http://www.castlelawgrouppa.com/

I contacted attorney Ben Hillard of the Castle Law Group P.A. in Largo, Florida a few months ago – by mistake. Mr. Hillard responded saying he thought I had his law firm confused with Castle Law Group PC of timeshare fame, law firms differentiated only by the initials P.A. and PC. Mr. Hillard would like to make it clear his firm is in no way associated with Mr. Judson Phillips or his law firm Castle Law Group PC. In a recent letter to Mr. Hillard, Mr. Phillips said his firm is considering rebranding for reasons not associated with Mr. Hillard’s concerns, the similarity in names.

Here is the Castle Law P.C. and Orange Lake Lawsuit as reported by Paul Brinkmann at the Orlando Sentinel

Orlando-based timeshare companies Westgate Resorts and Orange Lake Country Club filed nearly identical lawsuits in Orlando against Tennessee firms Castle Law and Castle Marketing. Westgate and Orange Lake accuse the Castle companies of charging some customers an upfront litigation fee of $7,500. Orange Lake said Castle filed no lawsuits for any of its owners who paid the fee; Westgate said Castle hasn’t filed lawsuits for some owners who paid the litigation fee.

A senior partner with Castle — attorney and Tea Party leader Judson Phillips — denies those allegations…. he said in an email he believes the suits are frivolous, and he and Castle have obtained good results for clients.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-timeshare-cancellation-fraud-20170618-story.html

According to a letter sent to Orange Lake attorney Brian Lower, from a Castle Law Group attorney, Castle accused Orange Lake of “gross misrepresentations regarding the terms and conditions of the Orange Lake timeshares in that they were fraudulently induced to enter into the timeshare contract and the debt instruments associated with such contracts in violation of federal and state laws.”

A letter from a lawyer like this triggers a “cease and desist” demand of all communication with the client, including collection attempts. This cease and desist letter has served as a bone of contention to timeshare developers in that a debt collector may not communicate with a consumer if the consumer is represented by an attorney or has an open Attorney General complaint, under the Fair Debt Collections Protections Act.

Among the twelve causes of action in Castle’s cease and desist letter against developers, are those our Inside Timeshare readers who have contacted us asking for help would not disagree with:

  • Improper and unethical high pressure sales tactics.
  • Gross and deliberate misrepresentations regarding benefits of ownership.
  • Gross misrepresentation regarding the ability to utilize timeshare points to cover fees associated with membership and exchanges.
  • False information regarding the ease and/or ability to resell for a profit.
  • False sense of urgency to purchase the same day.

Castle Law Group PC is not Better Business Bureau accredited, is nonrated, and a consumer complaint warning has been posted.

https://www.bbb.org/nashville/business-reviews/timeshare-cancellation-and-litigation-attorneys/castle-law-group-pc-in-nashville-tn-37113357

According to the Castle Law website they are timeshare lawyers trusted by thousands with a 4.7 out of 5 star ranking based on 12 reviews (powered by GetFiveStars). When I reached out to the firm for comment, I was put on hold for a very long time.

https://timesharecancellation.com/

you decide

Greg Crist, CEO of the National Timeshare Owners Association was recently quoted by the Orlando Sentinel that more lawsuits against cancellation companies were likely in the works.

“Some of those cancellation companies that have been targeted by developers were actually started by their own former timeshare employees. Those folks learned how to exploit the system by learning what is called the inside track. They know how the high-pressure sales tactics work,” Crist said. “They attract timeshare owners in the same way — post cards offering a free dinner, or an evening out. They show owners how maintenance fees escalate, and literally scare the hell out of these people using calculations that are wildly inaccurate and overstated. These are not law firms but represent to have an attorney on staff, giving the illusion that there are legal services involved in the transaction. Rarely does the company even communicate with the resort and the timeshare owner doesn’t even know what is happening until it is too late. Why is that?”

Crist explained this is often due to an unqualified money back guarantee the company provides that isn’t worth the paper it’s printed on. The owner is simply lulled into a false sense of security, until they are foreclosed on and that’s when all hell breaks loose. Crist has watched this happening for years, but says the industry is making a mistake by throwing legitimate attorneys in the same mix with resale, transfer and advocacy groups.

While the NTOA is involved with educating owners, advocating for their rights and helping them engage in the product they already own, they do not sell, transfer or offer services like TPE’s do. Any timeshare member or owner can join NTOA.

https://www.ntoassoc.com/

GBUgly

The present legal climate in the timeshare world is reminiscent of the old west with summons flying like bullets back and forth across the corral. Lost in the middle is the consumer, many complaining they purchased a timeshare based on false promises. The timeshare lobby ARDA and the major timeshare developers seem determined to ignore outcries of deceit on the front end of the timeshare sale.  

All attorneys are not created equal. It seems that timeshare developers don’t want a timeshare member to ever contact any lawyer and they lump all attorneys into a kettle of frivolous lawsuit filers. Two major developers attributed their rise in default rate due to “attorneys targeting members and cease and desist letters.” As in any profession, some attorneys do have questionable business practices, but any citizen should have a right to their day in court and the legal representation that accompanies that right if they feel they were deceived into purchasing a timeshare.

One former Hyatt and Diamond Resorts sales agent described “inventory recycling” as a hamster wheel that sometimes begins with deceit and bait and switch on the front end of the sale. To date (as of August 16, 2017) Inside Timeshare has received 124 inquiries of which 110 allege they were deceived on the front end of the timeshare sale. Most have outstanding loans.

“I am asking you to look at the moon and you are staring at the end of my finger,” deceased Jesuit Priest Anthony DeMello once wrote. That’s how I feel listening to case after case from family members, often financially devastated, alleging they were deceived, sometimes just days after a rescission period. Why won’t developers take a closer look at their own house?

ethics cartoon

Contact Inside Timeshare if you have a positive or negative timeshare experience to share, through your experiences others may have a better understanding of what they are going through and see that they are not alone.

If you need any further information regarding any article published, or wish to know where you stand legally with your timeshare, Inside Timeshare is here to help. Contact us and we will point you in the right direction.

victory-1

Manhattan Club: $6.5 Million Settlement

It would look like the long drawn out battle between the New York State Attorney General, Eric T Schneiderman and The Manhattan Club is finally over. It was back in July 2014, that AG Schneiderman announced he had obtained a court order halting the sale of timeshares at The Manhattan Club.

As AG Schneiderman put it in July 2014 “Purchasers Duped Into Paying Tens Of Thousands Of Dollars To Become Owners; Later Denied Benefits Of Ownership In Alleged Bait-And-Switch Scam”.

https://ag.ny.gov/press-release/ag-schneiderman-announces-court-order-barring-sales-manhattan-club-timeshare-hotel

They were also subjected to ever rising maintenance fees and unable to book as there was according to the hotel “no rooms available”. It transpires that rooms were being rented out over the internet to non-owners, even though they were told it was for the exclusive use of timeshare owners. This is not an uncommon problem that timeshare owners face, we see the same practice at resorts in Europe.

As part of the settlement, the Manhattan Club owners are not only being forced to sell, they must also give up management control and will be barred from the timeshare industry. This must go out as a warning to other timeshare developers, times are changing, if the industry itself cannot improve itself, then we can see more AG’s taking up the fight on the behalf of owners.

manhatton club

It must also be said that Eric Schneiderman is only one of a hand full of Attorney General’s who actually sides with the consumer, there are many more who are in bed with the industry. This is a list of those who are on the side of the consumer:

Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance following a probe of Diamond Resorts. A settlement of $800,000 has been awarded for restitution:

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

Other Attorneys General have come down on the side of timeshare owners, including:

Colorado Attorney General Cynthia H. Coffman, as reported by Business Den reporter Amy DiPierro, concerning Highlands Resorts in Colorado and Sedona Pines in Arizona:

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

Tennessee Attorney General Herbert Slatery III settled with Festiva timeshare for $3 million:

https://www.tn.gov/attorneygeneral/news/38312

One AG that is conspicuous by her absence is the Florida AG Pam Bondi.

http://insidetimeshare.com/news-across-pond/

Others that need to be congratulated are the following coalition that worked with the Manhattan Club Independent Owners Group and the NYAG,  they are: NTOA, RedWeek, Sharket and Attorney Douglas Wasser. This goes to prove that by working together nothing is impossible.

Images from meetings of the Manhattan Club Independent Owners Group

image1 image3 image4

Follow the original article by Alison Fox published in amNEWYORK

am new york

http://www.amny.com/real-estate/the-manhattan-club-settlement-includes-6-5-million-in-restitution-ag-says-1.14048559

Article by Inside Timeshare’s  Irene Parker originally published in TheStreet back in September 2016

thestreet

https://www.thestreet.com/story/13653117/2/the-timeshare-industry-has-improved-its-reputation-but-still-faces-scrutiny.html

In Europe we are seeing Spain leading the way for timeshare consumers, the Spanish Supreme Court has now made 57 rulings against the industry, this is unprecedented. This has been largely due to the efforts of one law firm, Canarian Legal Alliance who continue to make Spanish legal history and help consumers to gain justice.

If the timeshare industry is to continue and prosper, it must take note and change the way it sells the product. The owner / member should be the priority, not huge profits for the sake of profit, (could they be the Ferengi from Star Trek)?

ferengi_profit_by_aweswanky-d5du6p4
Timeshare Developer

We have said this before, timeshare is a great concept, it does provide quality resorts, it does suit some, but it also becomes a burden to others.

Inside Timeshare welcomes your comments, if you have a story to share or just want information or advice, contact us and we will try to give you the best answers possible.

 

 

 

birthday

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

out of business

TATOC: Is The End Now Upon Them!

Well, well, well, the news for consumers just keeps getting better, TESS announced on their website yesterday, Wed 3 May, that Harry Taylor’s crusading enterprise TATOC is finished.

They are now being placed into administration, as TESS put it “TATOC is bankrupt, insolvent and unable or unwilling to pay its debts if and when due”.

Inside Timeshare published the photograph of Harry Taylor receiving a cheque of $30,000 from ARDA, this was ostensibly for their helpline, as it was said they were helping owners of American Timeshare. This information was supplied by our US readers before it was announced publicly by TATOC.

image1 (1)
Howard C. Nusbaum, RRP President and Chief Executive Officer Handing the cheque to Harry Taylor

We also know that recently TATOC has been losing support from its long standing industry allies, namely the RDO and Silverpoint. These are the ones we know about, how many more have been fleeing the nest or reducing their membership contributions, without us knowing about it.

This is another of the self proclaimed TIMESHARE CONSUMER CHAMPIONS falling by the way side and being totally discredited.

Along with TATOC, there was Alberto Garcia, another “Timeshare Consumer Champion”, again funded by the industry, primarily by the RDO. He was made head of the “Enforcement Programme”, (very Hollywood), along with his website mindtimeshare, he waged a war against any company or individual that threatened the industry.

Alberto-garcia-2
A Rare Photo of Alberto Garcia

He may have highlighted the most dubious of enterprises, but he made it his mission to destroy by any means possible, not only the downright dirty, but also those companies that were genuine, including respected and practicing lawyers and law firms.

This culminated in his fabrication of evidence to destroy the Arguineguin law firm CLA, even to presenting statements to the National Police that these lawyers were part of a “Criminal Gang”. He alleged that they were extracting money from people for court cases they could never win, yet still took them on.

All this has been proven to be false, the law firm is thriving and beating the industry on behalf of consumers from the lower courts right up to the Supreme Court.

TATOC have duped organisations including the Citizens Advice Bureau into believing they were on the side of timeshare consumers, so they advised people with timeshare problems to go to TATOC. What did TATOC do? Send them back to the timeshare company they had the problem with.

A very good example of the way Harry Taylor and TATOC have behaved is their unwavering support of MacDonald Resorts, (even the RDO has had nothing to do with them since 2005). Harry Taylor extolled and fully supported MacDonald’s moved to take away from all fixed week owners their weeks and moving them into a points system. He even went on to say it was in the best interests of owners, regardless of the fact that fixed week owners had more rights than points club members. This effectively transferred ownership of the resort from the members to MacDonald’s. There is an ongoing legal battle by these owners against MacDonald Resorts.

tatoc logo    mcdonaldsresortlogo

Another example which Inside Timeshare has been highlighting and fighting for almost a year, is the case of our Mrs B. She went to TATOC because MacDonald Resorts did not accept that she had legally transferred her Doña Lola week to another person using the services of another firm. She has been and still is  being chased by MacDonald’s through a debt collecting agency for maintenance arrears, (aged 87). TATOC told her to speak to MacDonald’s and even directed her to Alberto Garcia to report the firm she had dealt with as “bogus”, all because they were not RDO or TATOC affiliated. The case is still going.

Harry Taylor has lost credibility, reputation and now his little empire, this can only be good for the owners, unfortunately, unconfirmed news from our contacts across the pond is not very promising. It is reported that the one and only, serial failed director Chris Emmins of Kwikchex, Timeshare Business Check and the RDO’s Timeshare Taskforce, (replacing the enforcement programme, still trying to sound hollywood or pseudo legal), is set to take over the resurrected and saved TATOC, (if that does happen).

task force
The Timeshare Taskforce

 

We have said it before and we will say it again, the only way timeshare owners can be represented properly is to have their own association which is not funded or controlled by the industry. The only problem is the industry is very good at sending in the infiltrators.

So there we have it, great news for some but devastating news for others, as the news comes in we shall be reporting it here. So watch this space!

Since we went to press the NTOA are very surprised at this news, here is their response: “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 or foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.” 

TATOC “The Butcher of Consumer Rights”-is in Administration

 

europe-usa

Timeshare Fraud: Happens on Both Sides of the Pond

We all know the “scams”, many timeshare owners have fallen victim to them over the years, from the “we will sell your timeshare for you”, “we can get you a legal surrender” to “we can get your money back and your contract cancelled”.

In Europe, as Inside Timeshare has highlighted in many articles over the past months, the proliferation of so-called claims companies and law firms is rife. From companies such as Litigious Abogados the rulings made by the Spanish Supreme Court have given them the tools to fool you the owners.

Many other companies who once peddled other products are also getting in on the act, companies such as the Monster Group, owned by Mark Rowe, now have a company called ABC Lawyers. All using the rulings as if they were their own, that only they can get your money back and cancel those contracts.

In the past it was the resale and transfer companies, many would charge to “relinquish” your timeshare, but would actually transfer it to a third party for 1€. Then after about 2 years, you find the demands for arrears in maintenance fees dropping through your door. The timeshare company does not recognise the transfer made by the company you paid. This is the problem Mrs B has had with MacDonald Resorts.

In the US this is also a very big problem, Irene Parker in today’s article continues to look at the US market, and what can and is being done to stop these fraudulent practices and protect you the consumer.

How to Reduce Fraudulent Timeshare Transfers

The Smart Money Turns to Logic and Simplicity

By Irene Parker 21 March 2017

goal chart

The National Timeshare Owners Association works diligently behind the scenes to stop fraudulent timeshare transfers by working with attorneys, law enforcement, regulators and other stakeholders in the timeshare community. It’s a collaborative effort as we highlighted last week with HOA Collection Agent Kristi Hanley. She explained the pervasive and unending attempts to defraud timeshare owners and developers alike along with the financial consequences.

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

 Gregory Crist, CEO of the NTOA says “This is white collar crime that we call the “Viking Ship” model. It is well funded and highly sophisticated. By design, it is creating further damage to the secondary market at a rapid rate and leaving behind a trail of clouded deeds. This is a serious problem we have on our hands right now. At the NTOA, we are sharing “Best Practices” with HOA’s and helping them utilize proper safeguards to protect themselves.”

However, there is light shining on the horizon. After our interview with Kristi we followed up with Dave Heine at requestmyestoppel.com and learned about Timeshare Pro Plus, a simple and effective way to reduce timeshare transfer scams. Today we will examine this innovative Cloud based technology and then hear what Laura Hey, Assistant Manager at Silver Beach Resort Daytona, has to say about timeshare transfer problems and about Timeshare Pro Plus.

According to the company’s website, Timeshare Pro Plus can improve timeshare transfer efficiency by at least 75% while reducing timeshare transfer fraud.  

If you are a timeshare owner wondering why you should be concerned with the nuts and bolts of a timeshare transfer, review this fifteen page Department of Justice timeshare scam report.

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

Everyone needs to do their part to stop fraudulent transfers. When a company contacts you asking if you would like to get rid of your timeshare, be the detective. Write down the name and location of the company, the website address, the caller’s name and a phone number to call them back.

The beginning of the timeshare hamster wheel, as described by a former timeshare sales agent, is the vacation give away. Those calls are usually outbound only and if you ask for a call back number, they will make one up or hang up. Transfer agents do offer more information as they must pose as a legitimate business.

Be an empowered and informed timeshare owner. Leave the desperate, angry and confused shackles behind. Become an advocate. If you are able to gather this information, report it to one of our advocates and we will take it from there by forwarding the information to the National Timeshare Owners Association.

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

Here are Timeshare Pro Plus bragging rights  Timeshare Pro Plus puts everything the resort’s back office needs to efficiently transfer a timeshare deed or contract while implementing some safeguards in the transfer process, under one umbrella by using the latest Cloud technology. This saves time, money and paperwork.

This software incorporates SSL encryption

SSL (Secure Sockets Layer) is the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.

The data center is HIPPA Compliant assuring the level of security demanded by the medical community.

https://home.timeshareproplus.com/

When Kristie Hanley said cleaning up the timeshare transfer business might be accomplished by requiring a simple signature from the timeshare resort, it sounded too simple and logical to be true so I contacted Dave Heine at Timeshare Pro Plus.

Sure enough, it is not simple. There are four parties involved in a timeshare transfer: The timeshare seller

⦁ The timeshare seller

⦁ The timeshare buyer

⦁ The transfer agent

⦁ The resort – pictured is Maui Hill – our favorite timeshare resort

Kristie’s suggestion was a good one, but requiring a signature from an HOA is not applicable to timeshare any more than it would be selling your primary residence. You don’t ask your HOA to sign your contract when you sell or buy a house or condo, but the HOA can put a lien on your property if you are past due on fees.

The same thing happens in timeshare. As Dave explained, timeshare scams are caused when the fictitious buyer is an individual or a company that has no intention of paying future HOA or timeshare maintenance fees. These companies charge upwards of $5000 or more to guarantee your transfer out of your timeshare unit, but in a fraudulent transfer the buyer disappears or was non-existent in the first place as soon as the transfer agent receives the owner’s transfer fee. Owners thinking they disposed of their timeshare learn the resort did not accept the transfer when they receive an invoice for maintenance fees at the end of the year.

I asked Dave how many resorts are using Timeshare Pro Plus. “Out of approximately 1000 or more resorts we work with about 50. Timeshare companies have been relying on the post office since before fax machines were invented. Resorts are slow to embrace modern technology from a fear of being cost prohibitive or from familiarity. Many take the approach of, we have always done it the way we have been doing it, it works, so why should we change?” offered Dave.

We would still be reading by kerosene lamps with that mentality.

One resort that is keeping up with modern technology is Silver Beach Resort in Daytona, Florida. Laura Hey, Assistant Manager, describes timeshare transfer as “a no man’s land” encompassing transfers from here to Hawaii and beyond. The problem is worldwide as told by one of our Inside Timeshare readers this week.

http://insidetimeshare.com/merdith-pritchard-readers-experience/

Ironically, Laura said many of the fraudulent companies are not in Florida. Florida is a mecca center for timeshare. Laura feels this may make it easier for the perpetrators to be caught operating in a state always on the watch for fraudulent transfers.

Silver Beach uses Timeshare Pro Plus and acknowledges it has made a difference, but Laura does not feel the problem can be eliminated by software alone. It takes people working together, more information, hard-hitting questions and legislative efforts. “We feel a sense of joy and victory whenever we outwit those preying upon the vulnerable,” said Laura. “Recently we received two recorded deeds, but we are not sure the transfer is legitimate. More needs to be done to make sure that, for example, a timeshare delinquent $10,000 in maintenance fees isn’t transferred to a person that doesn’t exist. When we requested a driver’s license to confirm the identity of two buyers, we learned both Nevada driver’s license were fake.”

Laura went on to warn timeshare owners to stay away from Postcard companies.

http://tstoday.com/members/magazine/issue118/39-postcard%20warning.pdf

 

It seems there is no end to the creativity and the ingenuity generated by timeshare’s lack of a secondary market. In summary – here is what we at Inside Timeshare propose:

Work towards an improved and viable secondary market.

Ask your resort if they use Timeshare Pro Plus and if not, ask what the resort does to ensure legitimate transfers.

Report companies that call asking if you want to be released from your timeshare.

Help spread the word to encourage people to ask the right questions when buying a timeshare, including talking to a member of the US Licensed Timeshare Resale Broker Association to compare the benefits or lack of benefits buying on the secondary market.

http://www.licensedtimeshareresalebrokers.org/

I hope more resorts look into Timeshare Pro Plus because reducing timeshare transfer fraud is one point timeshare owners and developers can agree on.

For more information about Timeshare Pro Plus contact Dave Heine.

http://resorttrades.com/business-directory/timeshare-pro-plus/

world hub

As we have seen, much of the problems around these “scams” and “frauds” are actually caused by the industry itself. By over valuing  the product as “an investment” as if it was actual “real estate”, lack of a resale or secondary market to the selling of contracts that breach the laws.

When there are problems such as this, it leaves owners with nowhere to go, they are then vulnerable to the clever “scammers” who then fleece the desperate of thousands.

If you need any help or advice on any company contact Inside Timeshare, we can point you in the right direction. We will show you how to check out these companies for yourself, remember doing your due diligence will save you money in the end.

  

 

letter from america

A Timeshare HOA Collections Agent Shares her Experience

By Irene Parker, March 13, 2017

Hair pull

Inside Timeshare has written many articles about timeshare transfer agents, but not often does a timeshare developer offer insights from their perspective. Kristie works in HOA Collections at a west coast legacy resort. Her job can’t be easy, so we appreciate Kristie taking the time to answer our questions.  

The timeshare resort asked not to be identified. Attorney Mitchell Reed Sussman’s response to the interview is posted at the end. We reached out to Timeshare Exit Team but they have not responded.

Irene: We are grateful that you have come forward to offer a developer’s point of view. Tell us your biggest concerns.

Kristie: I am excited to have been asked to offer my thoughts concerning this difficult topic and happy to provide any assistance you may need in the future. The biggest problem we see is that only the seller has to sign the deed. One thing that might help alleviate transfer scams is if both the timeshare owner and the resort representative had to sign to sell and receive property. Year to date I have tracked 85 individuals, representing $352,000 in uncollected dues because of what we consider to be fraudulent activity.

We have been able to address many fraudulent practices by working closely with the National Timeshare Owners Association (NTOA). Our establishment met CEO Greg Crist at the TBMA Orlando Conference a few years ago. Since then, we have worked together to stop some of the seemingly never ending fraudulent activity. Greg and his team have always provided positive outcomes. I would encourage every timeshare establishment to reach out to NTOA. They are the best in the industry.

Owners pay transfer companies thousands of dollars to be relieved of their timeshare which in the end often does not relieve them. This negatively affects the current dues paying owner with Maintenance Dues increases due to “Viking ships” that have no intention of paying dues. The term Viking Ships refers to Vikings who put their dead on ships and then shipped them out to sea.

We also work with Dave Heine @ requestmyestoppel.com. His program was set up to try to assist timeshare companies in an effort to stop fraudulent transfer activities by having a place for the purchaser & seller to sign as well as the estoppel & account information pages. His program can be built into any resorts policies. This saves all parties time and money.

Real Life Examples

The following article is about a Waunakee Wisconsin businessman who took over unused timeshares for a fee and will have to refund money to owners and return the timeshares to resorts, according to a consent judgment.

Jail

http://host.madison.com/wsj/news/local/state-gets-judgment-against-waunakee-time-share-wholesaler/article_11d2cf8b-f2d9-5cdb-86d3-054e9148e417.html

NTOA works behind the scenes in their effort to stop fraudulent transfers.

https://www.ntoassoc.com/

“Most NTOA members are timeshare owners, but twelve HOAs have joined NTOA as non-profit Associate Members. We assist HOA members when an HOA suspects fraudulent activity by working cohesively with the resort under attack while cooperating with and coordinating regulatory and law enforcement agency efforts,” Greg explained.

“Our HOA members agree to abide by NTOA’s Timeshare Owner’s Bill of Rights and Best Practices Agreement. Most if not all legacy resorts, meaning sold out traditional timeshare resorts, fight fraudulent practices on a daily basis. When a deeded timeshare is not properly transferred, the resort must hire a lawyer to resolve “clouded title” issues. This costs a resort from $200 to $2500,” he added.

Our interview continues:

Irene: Question 1 – Have you seen a dramatic increase in owners seeking release or more children and heirs taking over their week?

Kristie: We have seen both. Individuals seek a release because either they don’t want to burden their children or they have stated the kids don’t have the money or the time. Our resort and our owners have matured.  Other reasons for release include age, health, finances or are not able to travel like they used to.

If they do transfer the timeshare to the kids, they have stated it’s because they don’t want to give up the property and because of the wonderful memories. They want to keep the family tradition going.

Question 2 – Have your owners been successful selling their weeks and does your resort maintain a resale department or refer to Licensed Timeshare Resale Brokers?

Some of our owners have had great success selling their week and some have had difficulties. Based on feedback, it seems that it is about 50/50, with half selling on their own and half having a licensed resale company sell it.

When a customer calls we strive to give them all the information they need to make an educated decision. We advise customers about the many frauds and guarantees and to stay away from timeshare attorneys. We advise them of the transfer costs and re recording fees and even provide the paperwork they will need.

Question 3 – What are the some of the problems you have encountered when owners seek release through transfer agents?

We see fraud and incorrect deeds being prepared and recorded.  It seems that nine out of ten transfer companies are fraud and when one gets shut down 20 more open up. We have seen timeshares that have been transferred to individuals and companies that keep buying them but then never pay dues.

We have new transfer policies in place for all resale companies. All companies requesting a transfer must provide their company information so we can make sure they are a legitimate company.  We also cross reference addresses and phone numbers and if we find that the customer has chosen a resale company that is not legitimate we immediately advise the customer.

Question 4 – Are you familiar with Resort Release, endorsed by FOX celebrities Laura Ingraham and Dave Ramsey? If so, what is your opinion?

I am not familiar with Resort Release but I am familiar with radio hosts Laura Ingraham and Dave Ramsey and how they have endorsed certain resale companies. Unfortunately they are endorsing the wrong companies giving false information to clients. They both get paid to endorse companies to make it sound good regardless of the outcome. They are in advertising.

Most resale companies promise to get an owner out of their timeshare, but if it’s a deeded property they have to transfer the deed. The resale company might be able to get someone out of a contract, but they can’t get our customers out of a deed. The deed must be transferred to a legitimate party and all of our transfer procedures must be met for a transfer to be valid.

Question 5 – Are you familiar with Timeshare Exit Team? One of their agents contacted me and asked me to review their program. What is your opinion of this firm?

I would never endorse or advise anyone to use their services ever!! They specialize and advertise “Cancellation of Timeshare Contracts” but we don’t have contracts. We have deeds. We have chosen not to do business with Timeshare Exit Team because of their inability to follow our procedures and because of the quality of work previously sent to us.

Timeshare Exit Team has been involved with two other timeshare resale companies and/or timeshare attorneys that were involved with transferring 18 of our deeds since 2014 to four individuals that have never paid the dues and are delinquent in the amount of over $18,000. Out of the four individuals we were able to track, we learned that they are all associated with each other thru business dealings, contract employees or registered agents. They must assume that the association will eventually foreclose or take the property back but it is very costly to foreclose and we do not accept property back. It seems as long as they get their money they will make an effort, but if it doesn’t work out in their favor they just transfer the deed to anyone without making sure of whom they are selling it to.

Our newest issue is with the US Consumer Attorneys. They also specialize in Timeshare contract cancellations. They have transferred deeds to the same individuals as stated above that have never paid, and seem affiliated with timeshare Attorney Mitchell Reed Sussman.

We were never notified of the transfers and none of the procedures were followed. This seems to be a repeat of the Timeshare Exit Team accounts all over again. We would be happy to work with any timeshare resale company as long as the procedures were followed.

Question 6 – When you deny someone a release, and they foreclose, with no loan, do you or the collection agency file a lien or report this to credit reporting agencies?

The account is considered delinquent 30 days after the due date. We send a few letters before filing a lien on the property. Once the lien is recorded and the customer has received the final notice we send the account to a 3rd party collection agency. They will report the account to the credit bureau. They work the account and report it negatively for a year. After the year we pull the account out of collections and evaluate the account for litigation.

Question 7 – Are there any transfer agencies you feel are appropriate for owners denied surrenders or are they better seeking help from a timeshare attorney?

We refer our clients to a company called The Timeshare Guys @ 877-987-4897. This is a legitimate resale company that we use all the time.

http://www.timeshareguys.com/

We never refer our clients to a timeshare attorney. Everyone we have dealt with has taken money from our owners and not been able to perform the work they promised they would do. The timeshare attorneys send us letters telling us that their clients will no longer pay the dues and we need to transfer the deed back to the association. That is not our policy and unfortunately our customer paid thousands for something an attorney cannot do. In this situation we refer our customer to the Secretary of State, or State Bar Association to file complaints to try to get their money back.

Question 8 – If an owner is denied a release, how likely is it a transfer agent will be able to release the owner, as some transfer agents guarantee a release and others offer money back guarantees? Is there such a thing as a guaranteed transfer agent?

If our owner is denied a release, a transfer agent will certainly not be able to get the owner released. If they offer a guarantee and money back they are only deceiving the customer. The board members are the only ones that have the authority to release a client and there are policies that must be followed for that to happen and it does not happen often.

Question 9 – What do you charge an owner for a one week deed-back if your resort accepts the transfer?

Usually we charge two times the amount of the dues plus hard costs.  Each owner’s request is reviewed by the board and our owner’s situation is taken into consideration. The board will never agree to transfer the deed just because the owner is tired of paying. This is deeded property like a home and is treated as such.   

Question 10 – Are transfer agents necessary? If an owner is denied a release, ads say the owner can get released through a transfer agent. The deed goes back to the developer anyway and the owner can be charged $5000 or more.

Our association would rather deal directly with our owners to avoid the transfer agent fee but it seems the customer reaches out to transfer agent first. If the transfer agents were legitimate they would be helpful because they can prepare & file any paperwork.

Question 11 – Are there any other specific company names you can provide that timeshare owners should watch out for?

 

Kristie: There are so many timeshare resale companies that just pop-up and think they know what to do. I am not sure how they get lists of owners but they get the names and prey like wolves on consumers. Some of companies we have had the most problems with and would advise owner to stay away from are: Tek Solutions, Vacation Ventures, Resort Access, Tanya’s Timeshare, Superhealth Technologies, Sunshine Groves, Sunshine Clearing, Starla Missions, and Fireside Registry, just to name a few. Then we have the deliberate scams that timeshare attorneys and resale companies transfer to – individuals that never pay and never notify us. We usually find out about things like that when the customer gets the bill or we stumble upon it in the recorder’s office.

Irene: Thank you Kristie for answering my questions. It sounds like the popular timeshare slogan “Vacation Planning Simplified” does not apply to vacation un-planning. I learned a lot from Kristie’s answers. It will take some time to digest. Inside Timeshare will continue to unravel the mysteries of our timeshare world.

think box

Mr. Sussman responded as follows:

While I understand their position, the simple fact is that if the timeshare had any value at all….the resort should be thrilled to take it back so that they can resell it for a profit.

Of course, since the timeshare is a liability and not an asset, the resorts refuse to take back what is essentially a lifetime financial obligation.

Senior citizens are especially vulnerable.  When for health reasons or simply lack of income they are unable to utilize the timeshare the resorts have zero sympathy, refuse to take back the timeshare and then report the owner as a deadbeat to the credit reporting agencies.

Shame on them and bravo to any attorney, willing to sue or otherwise punish the resorts for taking advantage of the weak and infirm.

If a resort wants attorney’s in the field of timeshare cancellation to not feel as I do, they should simply agree to take back their timeshare when asked by their owner. Not by the attorney. Why should there have to even be attorneys in this field?

If timeshare resorts maintained a policy that would allow owners who are no longer willing and able to travel out of their timeshare, there would be no need for timeshare attorneys or timeshare transfer companies.

Mitchell Reed Sussman

Attorney at Law

The views expressed in this article are the views of the interviewee. Timeshare transfer agents and the problems resulting from fraudulent transfers – as evidenced by the Department of Justice timeshare scam report linked in our article below – is a subject Inside Timeshare will be closely following.

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

 

Inside Timeshare would like to thank Kristie for her time and insight, it gives owners / members more information on this mysterious world called timeshare. Also a big thank you to Attorney Mitchell Reed Sussman, his views on owners being able to hand back without the need of an attorney will, we believe, be welcomed by many on both sides of the pond.

 

We welcome your comments and stories, contact Inside Timeshare if you have something you would like to share. It you the reader who provides the information which will help others.

 

chickensoup

Chicken Soup for Timeshare´s Soul!

Chicken soup is used as a remedy whenever anyone is ill, I remember as a kid if I was under the weather mum or gran would ensure I had a bowl of hot chicken soup. Whether it did any medical good is not clear, but it did make me feel better.

The chicken soup for timeshare is a cacophony of abbreviated names, which many of us cannot work out what they stand for. I will not go for the ones on mainland Europe, for one simple reason, I don’t speak the myriad of languages we have. So here are the ones we have in the UK if you have a timeshare or consumer problem.

Firstly the timeshare ones: we have the RDO, Resorts Development Organisation, this is the trade body for the industry and represents only the industry not the consumer.

TATOC, The Association of Timeshare Owners Committees, this is supposed to represent you the owners, but as we know they are funded by the industry for the industry. Also they are in deep trouble as we saw in yesterday’s article.

Non timeshare organisations:

BIS, Business Innovation and Skills, this is a government department, in the past they are the ones who closed down several “dodgy” holiday clubs.

They also work very closely with TS, this is Trading Standards. Each county council has their own trading standards office, again they have been instrumental in closing down rogue companies.

CAB, this is the Citizens Advice Bureaux, this is an agency run mainly by volunteers who offer advice and information on a variety of subjects. Unfortunately when it comes to timeshare they will refer you to TATOC.

FCA, the Financial Conduct Authority, they deal with anything within the finance world, it is they who lay down the regulations for how businesses such as debt collecting agencies operate.

FOS, The Financial Ombudsman Service,this is a government body who is the last resort in any dispute on financial matters. For instance problems with loan agreement, credit card refunds, including complaints against debt collecting agencies.

There are plenty more but my soup pot is only small, so I cannot fit anymore in, Irene in the her article today explains the numerous ones in the US, this will be of specific interest to those in Europe who have bought in the US. You also have the right to lodge complaints there, even if you live in Europe.

 

A Survey of Administrative Remedies for the Timeshare Owner

Original by Attorney Mike Finn, Finn Law Group

http://www.finnlawgroup.com/learning-center/surveying-administrative-remedies-for-timeshare-consumers-seeking-relief

Peasant Version: An Alphabet Soup of Regulators

Who are they? How can AGs, CFPB, FTC, or the BBB Help Us?

By Irene Parker – February 6, 2017

Board meet

Many timeshare owners have little or no understanding as to how to go about fostering change when business practices have degenerated to the point such practices become harmful to consumers. This article takes some of the mystery out of governmental and nongovernmental agencies offering a blueprint for consumers to follow.

Given recent actions taken by such agencies, and in light of today’s timeshare climate, we look at what’s happening and examine where we can go from here.

The Manhattan ClubNY Attorney General Eric Schneiderman halts sales.

https://ag.ny.gov/press-release/ag-schneiderman-announces-court-order-barring-sales-manhattan-club-timeshare-hotel

Arizona Attorney General $800000 Diamond Resort Settlement and AOD

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

Colorado Attorney General Cynthia CoffmanHighland Resorts and Sedona Pines

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

Tennessee Attorney General Herbert Slatery IIIFestiva $3 million settlement

https://www.tn.gov/attorneygeneral/news/38312

Diamond Resorts Billion dollar lawsuitAlbright Stoddard Warnick & Albright

http://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/

Consumer Financial Protection Bureau Westgate investigation

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.bqeQAdL7#.whk6BDr5

$20 Million Wyndham Whistleblower award to Trish Williams

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

Three former Hyatt sales agents: Whistleblower lawsuit.

http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/

Clearly, timeshare needs to change, so I reached out to timeshare attorney Mike Finn of the Finn Law Group in an effort to understand how regulatory agencies work. Mr. Finn describes his writing style as “lawyerly”.  In order for me to understand an article found on the Finn Law Group “Learning Center”, I have to rewrite it. This serves as some source of consternation to Mr. Finn, but he on occasion graciously allows me to redact one of his papers so that my fellow peasants can understand the topic.

First: The Federal Trade Commission FTC

The Federal Trade Commission was created in 1914 to prevent unfair and deceptive acts or practices. The FTC does not resolve individual complaints, but provides information about the next steps a consumer may take to resolve an issue.

The FTC looks at fact patterns in an industry. Several (the key word is always several) complaints may indicate a pattern of fraud and abuse which may lead the FTC to investigate and eliminate those unfair practices.

We begin with the FTC, because many states have enacted a portion of this federal act into state law.

profit loss

The Timeshare Cycle

If a consumer encounters a rogue sales agent in the timeshare industry, the experience can be described as a vicious cycle or circle that begins with the oral representation clause used and abused by unscrupulous timeshare sales agents. Consumer complaints beginning with “the salesman said” are sadly told the timeshare developer is protected by the oral representation clause.

In some cases, as in the case of Ralph Marble, maintenance fees escalate so fast the timeshare owner can no longer afford the fee. Mr. Marble was never able to use his vacation plan because of being diagnosed with a medical condition shortly after purchase. His maintenance fees increased from $200 to $684 over eight years.

http://www.clickorlando.com/news/investigators/timeshare-woes-for-one-man-who-tried-to-cancel-after-an-illness

Voluntary Surrenders are on a case by case basis. If a timeshare owner is denied a voluntary surrender, they are often driven into the nets of timeshare “listing” or transfer agents. Some transfer agents are bogus which means the owner thinks they have unloaded their timeshare but have not. If the transfer agent is “legitimate”, the surrendered contracts are bundled 50 to 100 contracts and sold back to the timeshare developer, who in turn resells for full price. Thus the circle is complete.

After a four to seven hour timeshare sales presentation, the beleaguered buyer is poorly equipped to read the mile high stack of documents they are about to sign.

man list

The Consumer Financial Protection Bureau

The CFPB is one of the newest government agencies created in July 2010 partly in response to the mortgage crisis in the late 2000s. The goal of the CFPB is to watch out for American consumers in the market for consumer financial products and services. The timeshare industry utilizes various financing tools in its sales practices and presentations.

The CFPB told me consumers should choose the mortgage option when filing a timeshare complaint, even if there is no mortgage. Timeshare is somewhat new to the CFPB. If the owner does not want to file a formal complaint, there is an option to “Tell Your Story”. I tell the CFPB stories almost every week.

The CFPB does publish the subject and data of the complaint, feeding its Consumer Complaint Database. Most importantly, the CFPB will report to Congress with the purpose of enforcing federal consumer financial laws and writing better rules and regulations.

As more credit card transactions involving timeshare purchases are generated, the credit card financing aspect should not be overlooked for consumers seeking a monetary resolution to their timeshare purchase issues, assuming a credit card was utilized. Diamond Resorts offers a six month 0% interest rate “Barclaycard” offer if the credit card is used to purchase a timeshare. More and more timeshare developers are acting as new credit card originators for third party financial provides such as Bill Me Later (a division of PayPal) Barclay Bank, Bank of America, and a couple of credit unions.

Unlike other regulatory agencies, companies must reply to the CFPB’s complaints or inquiries. Consumers should file their complaints with the CFPB, but expect only a modest resolution and an opportunity to be heard. However, the more complaints the CFPB receives regarding a company, practice, or industry – the more likely those complaints will be presented to Congress. Congress has the power to create new rules and regulations that can improve the market for consumers when Congress reviews and enacts new laws.

Attorneys General or State’s Attorney

An Attorney General (AG) is a publicly elected position. Every state in the US has one. The AG is charged as the chief legal officer for their respective state. The AG’s Office proclaims to protect “timeshare owners by investigating business practices” relating to the sale and resale of timeshare interests.

The AG’s Consumer Protection Division has the civil enforcement authority to investigate and prosecute violations of the state’s Deceptive and Unfair Trade Practices Act. The Division is additionally responsible for the enforcement of the civil provisions of the Racketeer Influenced and Corrupt Organization Act,(“RICO”), which punishes businesses and “enterprises” conducting patterns of illegal activities within a state.

Notably, the AG by law cannot represent private citizens in legal disputes. When a complaint is filed by a consumer, and the AG investigates the alleged misconduct, the AG does not represent the consumer on an individualized basis, but rather the interest of consumers in their state as a whole.

As in the case of the $800000 settlement the Arizona AG reached with Diamond Resorts, if the Division investigates and is successful in prosecuting or settling the action, there is a potential for recovery.

Florida Department of Business Professional Regulation (“DBPR”) state regulatory agency – Division of Florida Condominiums, Timeshares, and Mobile Homes (“Timeshares Division”)

Florida is a timeshare mecca center. The DBPR is an extension of the executive branch of the Governor, and is charged with licensing and regulating all businesses and professionals within the state. The DBPR subdivision relating to timeshares is known as the Division of Florida Condominiums, Timeshares and Mobile Homes (“Timeshares Division”). The Florida Timeshares Division licenses and regulates timeshares through education, complaint resolution, mediation and arbitration, and developer disclosure.

The Office of the General Counsel (“OGC”) of this division represents the interests of Florida residents and does not represent individual complainants. In most cases the Department, even with successful prosecution, does not typically recover money that a consumer has lost. Many consumers rightfully wonder what the likelihood of success would be if they take the time to file a complaint.

Statistically speaking, from April, 2014 through April, 2016, the Florida Timeshares Division received 2,360 complaints. Of those complaints, only 110 resulted in action by the Florida Timeshare Division – less than 5%!

The Better Business Bureau BBB

The Better Business Bureau is not a regulatory agency. It is a nongovernmental nonprofit that serves to promote a community of business that consumers can trust. The BBB does not solve consumer disputes. Success is not based on the outcome, but whether the business responded or not.

The BBB rating rates only how cooperative and responsive a business will be to consumer issues.

National Timeshare Owners Association

https://www.ntoassoc.com/

The National Timeshare Owners Association is a social purpose organization dedicated to educating, advocating and protecting ownership interests. For nearly 20 years, the NTOA has worked to ensure owners have access to resources available to them. As the oldest and largest member based association, NTOA works closely with other industry associations and stakeholders such as CRDA, TBMA, TATOC, CARE and FTOG. NTOA’s extended relationships include 12 domestic and international developers, HOA‘s and management companies. The NTOA seeks to find solutions to some of the industry’s most complex issues.

Summary and Conclusion

What avenues, if any, exist for the unwary consumer who gets pressured into purchasing a $25,000 to $100,000 or more timeshare interest with credit at a 14% to 19% annual interest rate accompanied by a lifetime and beyond maintenance fee obligation? A thriving resale scam industry exists due to the limited and sometimes nonexistent secondary market.  

It’s not until long after the contract is signed, or if the family experiences a life crisis, they learn that the purchase contract often contains no way out. In all likelihood, the perpetual contract was signed in a same day sale, after a sales presentation that lasted for hours. The elderly are targeted, according to several lawsuit allegations.

success

Given recent regulatory decisions and legal actions, a highway of hope is under construction.  

GET INVOLVED!

To perhaps state the obvious, the timeshare industry is a well-organized and wealthy industry that has the ability to lobby for favorable laws and treatment.  Contrast this with the average consumer who is economically stretching to afford a $25,000 timeshare interest.

Contact Inside Timeshare if you would like to learn more about organized efforts to reform an industry badly in need of reform. Thank you to timeshare companies working towards a safer and owner friendly timeshare industry.

We would like to thank all contributors to this article especially Mike Finn of the Finn Law Group.

Inside Timeshare is here to bring you the latest news on what is happening in the world of timeshare, at present we are very much focused on Europe and the US. We are however working on collaborating with writers in Australia, this will bring you the news on a worldwide scale. We would also like to hear from any owners in Australia, New Zealand and South Africa. You can contact Inside Timeshare through our comments section or email direct to admin@insidetimeshare.com

We look forward to hearing from you.

Globe flags

friend-or-foe

Timeshare Transfer Agents and Exit Companies: Friend or Foe?

Irene Parker and I take a look at timeshare relinquishment comparing Europe to America. As many Europeans own timeshares purchased in America, it’s useful to have the complete picture. This time she asks the question “Timeshare Transfer Agents: Friend or Foe?

For those not familiar with the term, Transfer Agents advertise offering timeshare owners a guaranteed “deed-back” even if the timeshare program is not deeded. (more on this further on).

In Europe we have a different take on this subject, as we do not have the same model of Transfer Agents like the US. We tend to have resale firms and exit companies, some purport to be legal firms, who for a sizeable fee will relinquish your contract. Many of these companies do both, so the lines can be a ltiile blurred. Although we do have some of the same problems, such as resorts /developers who do not recognise the sale and or transfer.

Here we bring in the ongoing story of two elderly sisters, known as Mrs B. Around two years ago they took up the services of a company  who claimed they would get compensation for them if they joined their “Class Action” group. But in order to do this they had to pay around £5965 to relinquish their two timeshares, one was Oasis Lanz in Lanzarote, the other was Dona Lola Club on the Costa del Sol, run by MacDonald Resorts and Hotels.

Mrs B signed a power of attorney so the company could work on her behalf, all appeared to be above board. After around a year she eventually received notification that her timeshare had gone, both had been transferred / sold to a gentleman for £1 each. Inside Timeshare has all documents relating to this.

Sounds all well and good.

Well, as far as Oasis Lanz is concerned it is, Mrs B has not had any contact from them or received any maintenance bills. The problem is Dona Lola Club and MacDonald Resorts, they will not recognise the transfer. This has now caused a problem for Mrs B and her sister.

They have been subject to threats of legal action by a debt collecting agency, Network Credit Services, employed by MacDonald Resorts. According to them there is £1412.54 (as of April 2016) for maintenance, accrued after the supposed transfer, (this amount increases as time goes on).

So why do MacDonald Resorts not recognise this transfer?

On speaking to Network Credit Services and explaining that the debt was under dispute, Maureen stated that MacDonald Resorts will not recognise any transfer made by this company, because in Maureens words McDonalds just get paperwork back from  saying no longer required”. In other words, there was no actual sale or legal relinquishment. You will see the same in the article by Irene, using a company to take on the transfers.

This case is still ongoing with official complaints about the chasing of this “debt” going through the Financial Ombudsman Service.

Another aspect that is very common in Europe is the “Bait and Switch” tactic employed by many companies claiming to be “resale” firms.

The basis of this method is very simple, the timeshare owner either contacts a company they have found on the internet, or, they have been cold called by. They promise they can sell your timeshare and even give a very high valuation over the phone. Next they arrange a meeting to discuss your options.

Unfortunately there is no resale market, with one company actually stating this, so what then happens?

Simple, in order to get rid of your timeshare you must now purchase another product, be it leisure credits or discount holiday club. At the meeting ( read sales presentation), you are told that the product will cost around £10k to £12k. But don’t worry, we will discount that price for the value of your timeshare, so it will only cost you a fraction of that amount.

This was used to dupe many owners into Club Class and DWVC, where the incentive was the cashback offer. With this you are given a certificate for the value of the timeshare plus the cost of joining the club. In 3 to 5 years, as long as you follow the rules (which were complicated) you could then claim back the value on the certificate. So far we have never known anyone who did get paid out.

But what happened to your timeshare?

For many it was simple, they did not get rid of it, then after a couple of years they found they owned years of back maintenance. The timeshares were not transferred or relinquished, they are still liable for the maintenance and still own it, causing many a stressful situation with debt collectors.

So, let us look at what the situation is in the USA.

Timeshare Transfer Agents: Friend or Foe?

dollar    By Irene Parker November 20, 2016

Lately, a company by the name of Resort Release has been running an ad on my Facebook feed. It is always frustrating to invest time and energy campaigning to improve the timeshare industry, only to have companies we don’t approve of take out ads promoting their service. At least Inside Timeshare can control who posts on their site.

Transfer agents advertise offering timeshare owners a guaranteed “deed-back” even if the timeshare program is not deeded. The upfront fee ranges from $3500 to $7000 or more. Contracts taken back are “bundled” 25 to 50 and sold back to the developers, similar to what happened during the worldwide subprime mortgage crisis. The developers resell for full value.

What else can happen to the points or weeks or “inventory” recovered?

According to Greg Crist of the National Timeshare Owners Association,   

“There are basically four buckets that transfer companies often attempt to put inventory into…

Bucket 1 – Works with an inventory broker who may or may not have a direct inventory recovery agreement. *Branded properties only

Bucket 2 – Lists timeshare properties on eBay and Craig’s List for $1.00

Bucket 3 – Transfers to “Mules” *Foreign Nationals who may be judgement proof

Bucket 4 – Transfers to Companies who later dissolve the corporation administratively. *Leaves resort pursuing a clouded title, doubling recovery costs and impacting association’s bad debt line, which all remaining owners on the roster end up absorbing.”

saleman

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