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Palm Oasis

Marriott Admit Losing in Spanish Courts

On 7 July, Market Exclusive published an article reporting on the financial statements issued by Marriott. (See link at the end). After the preamble they began by announcing they had identified Fraudulently Induced Electronic Payment Disbursements”, which resulted in $9.9 million resulting from unauthorized third-party access to their email system. They duly notified law enforcement and relevant financial institutions, commencing an investigation.

They have managed to recover $3,2 million, but are hopeful they will recover the rest. Now this is just a start in their report.

They have also acknowledged they are recording pre-tax litigation expenses of $16.3 million, these are to settle in principle, two actions in their North American business with the Petrick action and an owners action brought by those with fractional interests at the The Ritz-Carlton Club, Lake Tahoe. It will also include actions by owners of Marriott timeshare interests in Spain.

The litigation on their Spanish business is a result of the laws Spain has brought in to protect consumers, this law known as Ley 42/98, was enacted in January 1999 and invalidated many timeshare contracts sold after that date.

Marriott, as many other timeshare operators believed, that by filing a deed of adaptation they would be able to continue as before, but they were sadly wrong. It took many years and court battles to get to the stage Spain is at now, the strongest timeshare laws in Europe.

Marriott Marbella

So what makes these contracts illegal?

Many timeshare operators continued to sell perpetuity contracts, when the law stipulates they should be of a minimum of 3 years and a maximum of 50 years. They also continued to sell the floating weeks and points systems, which gives the purchaser no actual rights apart from the right to use subject to availability. With the fractional ownership, the Supreme Court clearly regarded this as timeshare, as usage was dependent on a points system being allocated. Fractional was designed to “replace” timeshare with the promise of “purchasing shares and investing” in a real estate property, but again in Europe timeshare should never be sold as an investment.

We have seen over the past few years many other companies falling foul of this legislation, Anfi, Palm Oasis, Holiday Club / Puerto Calma and the Diamond run resort Cala Blanca in Gran Canaria, Silverpoint in Tenerife and a host of others all over Spain. Marriott is just the latest to be hit by timeshare owners becoming aware of the laws and finding they now have a way out of the never ending cycle of upgrades and maintenance payments.

Marriott, have also conceded that this litigation is going to cause them to incur considerable and “material and litigation” costs, along with the settlements and judgement costs. They have also admitted that it will have a severe effect on their results in the European sector and will have repercussions on their business and financial condition.

The one thing Marriott along with others in the industry are still saying, is they all disagree with these rulings, that the law as interpreted by the 126 rulings of the Supreme Court are wrong, they are seeking to introduce legislation “that will implement a more balanced approach”. More balance, or do they mean going back to when they believed they could not be touched and did exactly as they wanted.

Although they do go on to say the following “The timeshare laws, regulations and policies in Spain may continue to change or be subject to different interpretations in the future, including in ways that could negatively impact our business”. Negatively impact their business, well they only have themselves to blame, had they sold within the regulations, they wouldn’t have to worry about negative impact!

On this point of Marriott and others in the industry lobbying for a change in the law, this has now been set by the Supreme Court, the only way that the law can be changed now is for the Spanish parliament to pass new ones. This is very unlikely to happen, even if it were to happen, then we would end up with many years of court cases and appeals to the Supreme Court to clarify any new laws.

At present the law firm which is responsible for the clarification of the law with now 127 rulings from the Supreme Court, Canarian Legal Alliance, has many cases upcoming against Marriott. These cases are only now just starting to take place, CLA have at least 2 cases already presented at court with around 30 in the final stages of presenting to court. They are also looking into new clients cases, all these contracts are in perpetuity and use the point system, so this figure is surely set to rise.

On the point of the Supreme Court rulings, Canarian Legal Alliance began seeking clarification from the Supreme Court well over 7 years ago, they eventually received their first victory against Anfi in March 2015. This case involved the Norwegian client Mrs Tove Grimsbo, it was a long drawn out case, but the precedent had been set. Within weeks of this first ruling, many more followed, setting in stone the laws that for many years had been interpreted differently depending on the court and the judge presiding.

It will be interesting to see whether Marriott go the same way as Anfi, Silverpoint and others in constantly appealing against any rulings made against them, or will they just payout and cut their losses?

Only time will tell, we will certainly be keeping an eye on these cases.

Link to the original article:

https://marketexclusive.com/marriott-vacations-worldwide-corporation-nysevac-files-an-8-k-other-events-4/2018/07/amp/

Links to previous Inside Timeshare articles on Marriott:

http://insidetimeshare.com/tuesday-slot-irene-parker-marriott-racketeering-lawsuit/

http://insidetimeshare.com/starting-the-week/

If you need any further information on this subject, whether it be a Marriott, Anfi, Silverpoint or any other timeshare, then use our contact page and we will get back to you and point you in the right direction.

Have you been contacted by a company that tells you that you have a claim, and want to know if it is genuine and they are a legitimate company? Then contact Inside Timeshare for the facts.

The Tuesday Slot with Irene

This week’s Tuesday Slot we publish a revised article on How to File a Complaint, but first a quick word on the article yesterday and the post on Timeshare Talk by Mr William Dobbs. We have had several emails from readers venting there disgust at the use of Ian Smart’s name considering he passed away.

Mr Dobbs you should think very carefully at what you write and who about, to use the name of a deceased person who cannot speak or defend himself is the lowest of the low. I have had emails from his personal friends and family, all demand the removal of his name and for you Mr Dobbs to publish an apology.

It is also clear that you have no idea what you are saying or writing, yes I do know many of the people on that list, after all it is my job to know, but much of it is so out of date it is laughable. One person who you mention as sales at Palm Oasis, has not even been in the industry for at least 15 years and as we stated yesterday, in any industry people will be acquainted with each other. So Mr Dobbs will his family and friends get the apology?

Now on with today’s article.

How to File a Timeshare Complaint (July 17, 2018 revision)

  

Start with the Attorneys General

If necessary, continue to the FBI at IC3.gov

Finish with the Federal Trade Commission, if Section 5 is violated

FTC Unfair Practices

An act or practice is unfair where it

  • causes or is likely to cause substantial injury to consumers;
  • cannot be reasonably avoided by consumers; and
  • is not outweighed by countervailing benefits to consumers or to competition.

FTC Deceptive Practices

An act or practice is deceptive where

  • a representation, omission, or practice misleads or is likely to mislead the consumer;
  • a consumer’s interpretation of the representation, omission, or practice is considered reasonable under the circumstances; and
  • the misleading representation, omission, or practice is material.

https://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf

“I was told that in order to be released from a timeshare I had owned for years, which was a deeded timeshare week, I had to turn the deed into points. Believing the sales agent, on June 19th I bought $12,000 worth of points for no reason. A few weeks after purchase I learned through Social Media the company has a voluntary surrender program.” (Example of an actual complaint)

Inside Timeshare has received 499 U.S. timeshare complaints as of July 16, 2018. All but a handful of complainants allege they had been sold a timeshare by deception. In all but a few cases, the member was dismissed with “You signed a contract” or “It doesn’t matter what the sales agent said.” If timeshare companies would acknowledge that some timeshare sales agents do intentionally mislead the consumer, there would be no need to file complaints and no reason for the existence of member supported advocacy groups.

According to FBI agents and lawyers our advocates have consulted, it is not legal to hide behind fine print, but it takes volumes of complaints to raise a regulator’s eyebrow. The Federal Trade Commission released its 2017 complaint report, listing travel, vacation, and timeshare as one of the most costly frauds at $1,710. Our reader complaints dollar amounts range from $4,000 to $400,000 or more. We wish members were only losing $1,710. Inside Timeshare has received complaints from 61 veterans and active duty military and law enforcement.   

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

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

Timeshare Members need to be especially vigilant about “Get you out of your timeshare” firms because many are scams. Some are not. Timeshare Advocacy Group™ (TAG) has a scam research team formed by members who have themselves been scammed. This 15 page US Department of Justice timeshare scam report illustrates the seriousness and extent of the problem, caused by the lack of a viable secondary market. Timeshare company annual and quarterly reports have mentioned a viable secondary market as a risk to investors.    

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

Advocates for reform feel the problems that exist in the industry today are caused by an overreliance on the oral representation clause, iron clad developer based contracts, the lack of an adequate secondary market, and limited enforcement. We don’t dispute there are many who use and enjoy their timeshare and many sales agents who sell the product properly, but here are the most common timeshare complaints reported by our readers:

  • The agent said I could easily sell my points,
  • The agent overstated the value of travel awards to pay for airline tickets, or the use of a travel credit card to pay maintenance fees,
  • The agent said I had to give up my deeded timeshare and buy points,
  • The agent said I have to give up my deed and buy points (or buy enough points to get to the next loyalty level) or my heirs will be burdened,
  • The rescission clause was dodged because the agent said the (bogus) program would not be available until after the first of the year, or we were  not allowed access to the booking site until after the rescission period.

To begin your complaint, raise your right hand.

Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? Present your information factually and without opinion or inflammatory language.

Information Needed to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract in dispute:

Where Purchased and Date of Purchase

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

Name of Credit Card if one was used to pay the down payment

What do you want? Do you seek Refund or Relinquishment?

Why? Is it due to Deception, Health, Age or Financial Burden?

Complaints expressing dissatisfaction with general availability will go unheeded as will a request based on not being able to afford the timeshare. If you feel you were deceived, list the reasons why. If there was no deceit, ask for relinquishment. Maintenance fees must be current and there can be no loan outstanding. Just like your personal residence, you can’t go to your home mortgage lender and say you can’t afford it. The difference is you can sell your home if there is an outstanding loan.  

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.

After you complete your complaint, email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, produce your initials and signatures, point out the oral representation clause and inform you, “If something was important to you, you should have asked for it to be put in the contract.” File a rebuttal if you disagree with the company response.

Mark your email to the resort urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. If one of our advocates is assisting the member, the member will report back to us if the issue is resolved. Due to the required non-disclosure, terms and conditions will not be discussed.

Attorneys General

If the resort has dismissed your complaint, the next step is to file a complaint with the Attorney General of the state where you signed your contract. It can take sometimes a month 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 name and Attorney General. Some states will direct you to the real estate or consumer division. You should file a complaint with the state Real Estate Division against the agent if the agent was deceptive. Not all states require timeshare sales agents be real estate licensed.     

We have determined, based on reports from our readers, some Attorneys General walk lockstep with the developer, responding to complaints with, “You should not have relied on verbal representations.” Thus, in those states, the consumer is out in the cold and at the mercy of the developer’s decision. In other states, Attorneys General have opened investigations and reached settlements based on a volume of complaints and a pattern of consistent reports of deceptive behavior.

The FBI

Any complaint reported to the FBI should be of a more egregious nature. “They promised me a free cruise but it wasn’t free” is an example of a complaint that is not serious enough for the FBI. Our opening example, describing a buyer told they had to give up their timeshare deed when that was not necessary, would merit an IC3.gov report. To determine if your complaint is serious enough to file an FBI complaint, review the FBI definitions of criminal acts:  

White-collar crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage. These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three).

Mortgage fraud is a subcategory of financial institution fraud known as “fraud for profit”:

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

https://www.fbi.gov/investigate/white-collar-crime

The FBI has advised our members, if the allegation involves credit card fraud, the member should also file a complaint with the Secret Service.

https://ask.metafilter.com/81136/Should-I-call-the-Secret-Service-over-credit-card-fraud

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 timeshare black holes before engaging in a timeshare sales presentation.

Summary of Regulatory and Law Enforcement Agencies

  • The Attorney General’s office where you signed your contract. 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.
  • The FBI at IC3.gov portal if you feel you were deceived. For allegations of a serious nature you may also contact an FBI field office to file a tip orally. Have your facts and figures ready. The FBI complaint website is called IC3.gov which stands for Internet Crime. This is a bit confusing. IC is the name of the portal. That doesn’t mean it has to be an internet crime. Click IC3 as your choice when filing. Sometimes your local field office will pay closer attention than say Las Vegas, where losing money is a tourist attraction. You can find your nearest field office from this website. https://www.fbi.gov/contact-us/field-offices https://www.ic3.gov/default.aspx
  • The Federal Trade Commission is one of the most important agencies to file with, because it is federal. Most states have incorporated a portion of the FTC’s “Unfair and Deceptive Trade Act” in their state law.   
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, welcomes member submissions, positive or negative.
  • The Consumer Financial Protection Bureau for credit card or lending complaints, under the mortgage option (even if no mortgage), selecting the bank involved. Timeshare has dodged this regulatory bullet because most members don’t know the identity of the lender as the timeshare company often services the loan (Timeshare companies are not an option from the CFPB’s drop-down menu). CFPB is the organization that helped Wells Fargo victims. The CFPB lost influence after the roll back of the Dodd Frank act March 2018. The Dodd Frank act was enacted after the abuses caused by subprime lending. The CFPB is still considered a regulator. https://www.consumerfinance.gov/
  • File a complaint with the Better Business Bureau. The company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints. Sometimes the BBB allows you to log in and file a rebuttal. If you file a complaint, a review is not allowed. We have received complaints from members reporting that a company representative called, saying the message is time sensitive, but does not answer the phone when the member repeatedly tries to call back. We suspect this boosts the company BBB rating because the company can report, “We reached out.”
  • 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 work, it is, but you can file with some, all, or none of the agencies. If you pick two, pick the Attorney General and the FTC. We have a team of advocates who can answer questions and help guide you through the process. We feel “Action and Advocacy” is the best way to change questionable timeshare business practices.  

Depending on the seriousness of your complaint, you may forward your complaint to the firm’s public relations office or firm and to ARDA, the timeshare industry’s PAC, for violating ARDA’s Code of Ethics. ARDA’s Code of Ethics can be found on ARDA’s website. ARDA ROC does not mediate disputes, but ARDA does have a Code of Ethics. Due to lack of response to about 200 of the more serious complaints we sent to ARDA, we do not recommend owners make the voluntary “opt in” or “opt out” ARDA ROC donation on your maintenance fee invoice. Not one of the members we questioned knew what ARDA ROC stands for, yet collectively gives ARDA ROC about $5 million a year. It is the opinion of our advocates, that although ARDA lobbies for the industry and for timeshare members, when the issue at stake is one that is at odds with members, members lose because they have no voice.

You may also forward your complaint to the Association of Vacation Owners. AVO has been tracking our complaints for research purposes. http://insidetimeshare.com/the-tuesday-slot-with-irene-3/

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 by referring timeshare members who need help to Inside Timeshare or to one of the self-help groups listed below we know are not industry influenced.  

Who We Are and Why We Do This

Our advocates 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 and law enforcement agencies. The right to file a regulatory complaint is the right of every citizen who feels they have been wronged.  

It’s a good idea to contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market. http://www.licensedtimeshareresalebrokers.org/

Venting on complaint sites has no effect whatsoever but an organized campaign to track complaints and report alleged fraud has already born fruit in the form of Attorneys General investigations and greater public awareness.

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.

Contact Inside Timeshare or email Irene Parker at

[email protected] or call 270-303-7572 EST if you are interested in becoming a volunteer. Feel free to call any day of the week from 1:00 to 5:00 PM EST. It’s best to schedule a call. All calls and emails are returned within 24/48 hours.  If your email is not returned, please resend and send a text message.

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

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

http://tug2.net/

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

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

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

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

July 7, 2018 Irene Parker Timeshare Advocacy Group™     

Related article: FTC Section 5

http://insidetimeshare.com/fridays-letter-from-america-12/

That’s it for today, you now have all the information to be able to file a complaint, if you need any help with this or want to know about any company that has contacted you or you have found on the internet, then use our contact page and we will point you in the right direction.

Start the Week

Last week we highlighted the new Timeshare Association, which is linked to David Cox of TESS, we do know that he appears to have made up with Mark Rowe, as all posts he had slating his companies have been removed. But The Timeshare Association is inextricably linked to Timeshare Talk, a forum owned by Mark Rowe.

They have posted a list of who knows who by a gentleman called William Dobbs, (if that is his genuine name), this in itself is nothing unusual, in most industries many people will know each other. After all they may have worked together in the past.

The one problem with this list is the title, Who Knows Who, Ian Smart, this is what can only be described as very offensive to all who knew Ian Smart, I say who knew, as Ian Smart passed away earlier this year. So to use the name of a man who is no longer with us Mr Dobbs is to say the least sick. You should be ashamed of yourself.

RIP Ian Smart

Last week the following information came in after publishing Friday’s Letter from America, it was certainly a busy week in the Spanish Courts, and a rather expensive one for the industry.

No less than 16 sentences were passed by various Spanish Courts, they are as follows:

10 were against Anfi del Mar

2 against Tasolan (Palm Oasis)

4 against the Tenerife based Silverpoint.

In all cases the contracts have been declared null and void and the amount of money the timeshare companies have been ordered to return is over 561,000€.

It was also announced by Canarian Legal Alliance that their Provisional Execution of Sentence team had also successfully had 2 more embargos place on Anfi cash accounts, securing the money for their clients.

Tomorrow Inside Timeshare once again publishes a revised article on How to File a Complaint, these articles are aimed at our American readers but are still of interest as you can adapt them to suit your own country and associations.

If you have any comments or stories you would like to share then use the contact page, also if you need to find out about any company that has contacted you or one that you have found on the internet, then get in touch and we will point you in the right direction.

Thursday Updates

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

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

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

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

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

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

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

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

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

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

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

For the full article click on the link below:

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

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

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

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

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

Supreme Court Palm Oasis Tasolan

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

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

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

Friday’s Letter from America

Once again welcome to Friday’s Letter from America, this week Irene Parker interviews yet another military veteran family about their experience with Diamond. Joshua and Nichole Parker are just another couple in a long line that have reached out to Inside Timeshare in the past few months, we do not expect them to be the last.

First we have a quick look at Europe, we begin with a warning about a company cold calling Diamond owners in the UK.

cold call

One of our regular readers who is a member of one of the Diamond facebook pages, received a call from a company claiming to be called Scottish Heritage. It seems that the caller knew our reader is a member with Diamond Resorts, the offer was for a stay at a choice of hotels in Scotland for 5 nights for the knockdown price of £99.

This sounds like the old “flybuy” offers that we have warned about in the past, cheap stays along with the obligation to attend a presentation usually to purchase either a timeshare or holiday club package.

When we searched for any company called Scottish heritage we drew a blank other than the official Scottish organisations, which we very much doubt would be making these type of calls.

The number used for the call is:

01244470152

Which is a Chester number, when we did a check on this number it did show some rather interesting results, on Who Called Me,

https://who-called.co.uk/Number/01244470152

there were many entries about this number, including the name Scottish Heritage. It also belongs to a website called

http://loyaltyweeks.com/

In their About section they go on to say:

“As a guest of Loyalty Breaks, you would receive heavily discounted accommodation in a selection of leading hotels and resorts around the world that would otherwise cost a considerable amount of money.  All that is required from the guest is that during their stay, they take a morning or afternoon of their time to learn about the benefits of the resort in a relaxed environment, and donate valuable feedback to improve customer care and satisfaction.

The developers will heavily subsidies the accommodation for up to 7 nights, with the intention on enlightening their visitors on the benefits and perks of their exclusive residences in some of the most sought after destinations around the world.”

Which does confirm what we expected, discounted breaks with a presentation. Unfortunately we can find no company registration for either Loyalty Weeks or Loyalty Breaks, and the website does not give a name of who is behind it, although it was only registered on 29 July 2017, so it is only around 8 months old.

The question now is who is behind it and how did they get the information, especially as they knew they were Diamond owners. Could it be that some unscrupulous sales staff who knew that they were going to be laid off, got hold of the members data either selling it on or starting their own little enterprise?

It has also been a busy week with sentences from the Supreme Court in Madrid being issued against Silverpoint, Palm Oasis and Puerto Calma, a good week for the lawyers and their clients.

Now on with this weeks Letter.

A Veteran’s Family Bought Diamond Points

Dismissed by Diamond Hospitality Consumer Advocates because,

“You signed a contract”  

An Interview with Joshua and Nichole Parker

vets

By Irene Parker

March 16, 2018

Joshua “Josh” and Nichole Parker attended a timeshare sales presentation that lasted from 8AM in the morning until 8PM at night at Diamond Resorts Mystic Dunes resort in Orlando on November 8, 2017 after attending a Diamond’s Event of a Lifetime. “Why didn’t you just leave?” the critics ask. Joshua explains why on his YouTube. They purchased 4,000 Diamond timeshare points. Joshua and Nichole say they were told their points would go up in value. Now, expecting twins, they do not have enough points for a family of five to vacation and have learned, not only did their timeshare points not increase in value – there is virtually no secondary market for Diamond timeshare points. Josh’s YouTube

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

Josh suffers from post-traumatic stress disorder. Josh is the second 90% disabled, PTSD diagnosed, Iraqi veteran Inside Timeshare has assisted this year. The other veteran and his wife had been subjected to a five hour predatory and fraudulent timeshare hard sell. They recorded an hour of their ordeal which has been turned over to law enforcement. After listening to the recording, I can firmly say there was no alleged about it. Their timeshare dispute was quickly resolved after a copy of their YouTube interview was sent to the timeshare company. Others who allege fraud, but did not record their alleged fraudulent timeshare sale, face an uphill battle of repeated denials and dismissals. Timeshare companies often respond, “You signed a contract.”

The FBI disagrees with this reasoning, and has advised timeshare members to file complaints with the FBI at IC3.gov and orally through the FBI field office nearest to where the timeshare contract was signed, if their allegations meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch.” The FBI agent Josh spoke with advised Josh to also file a complaint with the Federal Trade Commission (option other – timeshare sales).

Post-traumatic stress disorder

The tragic events that took place at the Veteran Home in Yountville, California, Friday, March 9, a formerly safe place for Veterans suffering from the effects of PTSD, reminds us that the effects of war or a traumatic event can live long after the event or the battlefield. It’s not an easy topic, but one timeshare companies and timeshare sales agents should be aware of, if they care.

My interview with Josh and Nichole

Irene: Josh, tell us about your military service.

Josh: I joined the army in 2005, partly for the health benefits, and because joining the army was what I always wanted to do. I became a military police officer. In Iraqi I was part of a Police Transition Team. We taught Iraqi police how to be police because they lacked training. I was part of Operation Iron Maiden in 2006 when an attempt was made to catch Ayman-al-Zawahiri. We knew there were weapon caches and hostiles. We performed an outer cordon searching for hostiles. We were out there three days. I hurt my lower back from a fall while on this mission. The weight I was carrying made the injury worse. It is considered a combat injury because it was in reaction to incoming rounds.

Irene: You suffer from PTSD. Explain how that has affected your life.

Josh: The experience of combat changes the way you think from that time forward. During those three days, at one point I came to the realization that I was going to die. That moment changed me for the rest of my life. I have a high priority for security. Most people get up in the morning and think about what they are going to do that day, food, work, entertainment and security. For me it is food and security. The first thing I ask myself when I wake up in the morning is if what I am going to do today is safe.        

Irene: I too suffer from PTSD, so interested in the subject from a personal perspective. I followed the role model of John Walsh of America’s Most Wanted channeling my anger and grief into advocacy. Mr. Walsh lost his six year old son Adam, a victim of a homicide. I revisited the topic again and found this symptom:

You may be jittery, or always alert and on the lookout for danger. You might suddenly become angry or irritable. This is known as hyperarousal.

https://www.ptsd.va.gov/public/PTSD-overview/basics/symptoms_of_ptsd.asp

It’s hard enough for anyone to endure an eight hour hard sell timeshare presentation, but PTSD, combined with a high risk pregnancy carrying twins, obviously made your experience even worse.

Josh: Nichole has had several miscarriages, and has gone through eight years of fertility treatments. So expecting twins, we are in a constant state of worry. In addition, they forced us to leave our crying 4 year old in the kids club because they could not proceed with the sales presentation with her there. Our daughter was born with a genetic disorder called Klippel-Feil syndrome, a bone disorder that also affects her heart and kidneys. She also has many food allergies. It was unfair to leave a child in the play area for hours, told by our sales person Tiffany that she would only be there two hours.

Nichole: They don’t really feed the children. They only offer snacks and our daughter Vanessa could not have some of what they offered. Had I not have almost passed out from low blood sugar due to my pregnancy, they would of expected us to leave our child there thru lunchtime.

Josh: We didn’t leave because they would not return our credit card and driver’s license, even to leave for lunch, telling us to just drive to the restaurant on property. The reality is, you ask and they say yes, I’m going to get it from so and so. Then 10 minutes later someone else arrives and they start over saying, “I let him know and he’s going to bring them.”  There is a constant push off to delay getting the IDs and credit card. It’s relentless.

It was like being tortured, being held hostage, and they did the same to our child. When the sales people were talking, they refused to let us check on our kids saying, “If there was a problem someone would come get you.  Meanwhile, you hear kids screaming.”

Irene: As mentioned earlier, those with PTSD are jittery and on the lookout for danger. You are prone to be angry or irritable.

Josh: Yes, and around 5 PM I went out to the car to get something. I have handicap parking, but the handicap parking had been blocked off with cones. I rolled my ankle stepping between the cone and the cement block.

Nichole: This was why we did not get the papers signed until 8 PM. We reported the incident at the front desk. They called security to file an incident report. While waiting for security, Robert, the sales manager and Omar, the sales center manager, continued to pressure us to buy points even though Josh was in visible pain, with ice on his ankle.

Josh: We kept saying we could not afford the points, even though I was visually in pain. My ankle was starting to swell right before we signed the documents. We were not even on the sales floor. They kept saying, sign this and this, including the Barclaycard that we did not want in the first place.

Irene: So, after all this, why did you buy?

Nichole: The same children’s hospital I know that my four year daughter old goes to, to see maternal fetal medicine they said we could stay by. So they really got us when they were saying we would be able to be closer to the hospital. But the fact remains, at the time of purchase, even if this is an option, we can’t afford this timeshare and were told it was an investment and could be easily sold.

Irene: When are the Parker twins due?

Nichole: July 18 is 40 weeks but twins are full term at 37 so June.

Irene: I love babies! We would love to visit after they arrive.

Irene: Back to timeshare – Some have asked why you did not just call 911 when they refused to return your driver’s licenses and credit cards.

Josh: The biggest thing was to get it over with. We knew we could not afford it but they kept saying it was an investment and it was good for our children, and they said if we purchase it now we would be assured our children could always take vacations. As an investment, we thought we would not lose money on it. I didn’t count, but I am sure I said 100 times, “I can’t afford this.”

The next up-sell attempt at Polo Towers:

Josh: Next, we were told we had to attend a new member orientation. We had told our sales agent Robert we did not want to attend any more presentations. Robert said we would not have to. When we went to Diamond Polo Towers November 2017 we were told we had to attend a new member orientation to learn how to use the tablet and how to navigate the Diamond website. My wife lost her mind. They called Robert and their demand to attend was dropped.

Irene: When did you realize the hopelessness of your situation?

Josh: We started to question the legitimacy of what we had experienced December 2017.  We know 4,000 points are not enough points to travel with a family of five. We will be struggling with the double expense of two newborns instead of one. The answer for us is not to buy more timeshare points, only to get deeper in debt.  We would have never bought Diamond points if we thought we were obligated to pay maintenance fees for the rest of our lives for a timeshare that could not be sold.   

Nichole: We are stressed beyond endurance over what Diamond Resorts has done to our family.

Josh: We have filed a complaint with the Consumer Financial Protection Bureau. There has been no response. We have filed a complaint with Florida Attorney General Pam Bondi. We did receive an email today with further instructions.

We filed a Better Business Bureau complaint. There has been no response. We will file a complaint with the Nevada Attorney General. We intended to file a complaint against our sales agent Tiffany with the Florida Real Estate Division, but when I called Diamond, they would not tell me her last name. We do have the names of Robert Gonzales, Director of Sales and Mario Hernandez, the highest person there.

I have joined a group of 34 members of active duty and retired military/law enforcement claiming they were defrauded by timeshare sales agents, seemingly targeting the military. We have reached out to Whistleblowers of America, an organization that seeks justice for military and government workers, active duty and retired.  

We contacted Irene Parker at Inside Timeshare because we were going to sign up with Primo Management Group and had a conference call scheduled for February 15. Below are the documents PMG provided, including a Diamond release from Eric and Angela Wood, as a testimonial and an illustration of our Diamond liability projected out 40 years.  Irene told us to cancel the conference call and not sign up with PMG. She advised us to contact Diamond Resorts Consumer Advocacy. She said she felt confident DRI Advocates would be able to help us. She explained the Diamond program CLARITY about transparency, accountability and respect for the customer.

The history of our vacation nightmare:

Sampler purchased 20,000 points for $4000 Parkway International Celebration Area 7/2017

4000 annual points were purchased at Mystic Dune November 8, 2017 Event of a Lifetime. We were told our Sampler points and money paid would be credited towards the purchase of annual points but it wasn’t.

Purchase price $15,133

Amount financed $12,636

Sales agent Tiffany

Robert Gonzales, Director of Sales

Mario Hernandez was the highest person there

Javier was QA

We were told the new thing is that all your points are worth money.  It doesn’t matter if you can’t afford it because the points are worth money. We were told points can be converted to dollars to pay maintenance fees because fees will go up 10% every year and the inflation on the fees won’t match our fixed income.

The Timeshare Exit Company we contacted to get us out of this nightmare:

PMG (Primo Management Group, Inc.) quoted us $3,000 to $6,000 to get us out of our Diamond timeshare.

Thank you for considering PMG, the country’s most respected timeshare relief agency, for assistance in completely cancelling your timeshare obligation.

We have a 100% success rate.  Your deed cancellation is backed by our 100% guarantee and we guarantee to protect your credit throughout the entire process.

Our program includes:

  • Timeshare Contract Cancellation
  • Immediate Cancellation of Payments
  • Cancellation of Maintenance Fees
  • Mortgage Balance Cancellation
  • Protection from Harassment
  • Credit Protection/Correction

 Subject: *PMG Consultation Email

Your Financial Obligation to Diamond

ILLUSTRATION WAS PROVIDED SHOWING A 40 YEAR PROJECTION OF $95,710 BEGINNING WITH OUR $243 MORTGAGE PAYMENT

Please feel free to ask your Consumer Advocate any and all questions you may have.  Best wishes and again, thank you.

Grand Lodge_Michael & Barbara Wagner.pdf

Holiday Inn-Orange Lk_Vanessa Pena

Summer Bay_Shovan Anwar & Aniva Zaman.pdf

Wyndham_Tiwuanda Howard.pdf

Diamond_Eric & Angela Wood.pdf

Best Regards,

Ken Crawford

Sr. Consumer Advocate

Irene: What a mess! Will timeshare companies that do not allow a secondary market ever realize they are causing the problem? Never pay anyone or any company money upfront to get you out of your timeshare. If you are contacted by such a company contact one of the groups listed here.  

These are US self-help, member supported groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

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

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

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

thanks vets

Thank you Joshua and Nichole for sharing your story, also thanks to Irene all the volunteers for all the hard work they are doing to help those such as the veterans and the elderly.

If you have any questions, comments or need advice on any article published, contact Inside Timeshare from our contact page, please state if you are US or European based.

That’s it for this week, it’s Friday and the weekend is calling, have a good one and join us again on Monday.
friday dog

The Tuesday Slot with Irene

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

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

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

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

CLA Clients

PDF for the Supreme Court Sentence

Palm Oasis Tasolan Supreme Court Sentence 114-2016

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

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

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

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

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

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

By Sheilah Brust

March 13, 2018

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

dragnet

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

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

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

50,000 points I owned prior to the presentation

15,000 additional points in dispute

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

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

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

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

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

Graziadio Business Review

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

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

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

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

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

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

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

Some of the things they will want to know include:

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

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

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

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

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

Diamond, make this a good company again!

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

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

tree

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

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

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

Friday’s Letter from America

This week’s Letter from America is not the one originally planned by Gay Hart-Brewer, as usual Irene Parker sends draft copies in advance to the company involved in the article. In this case the company contacted the person concerned with the dispute and we may just have a result. So first a little extra from Europe.

Inside Timeshare has had a number of enquires about Resort Management Direct, this has nothing to do with the running of your resorts, they are in essence what is known as a flybuy company. See the article from March 2016 which explains a flybuy in detail.

http://insidetimeshare.com/what-is-a-flybuy/

Basically a flybuy is a cheap discounted holiday offer which provides clients to resorts for the purpose of attending a sales presentation for either a timeshare or holiday club. These presentations are for a minimum of 90 minutes (if you can believe that), but will usually last several hours and involve the usual high pressure sales tactics.

saleman

Failure to attend the presentation will result in either removal from the resort or being billed full price for the accomodation, which may be a couple of thousand pounds. So the moral of the story is beware the cheap deals.

The new “fake” law firm Martin Zabala Abogados, based out of Madrid, is still contacting Palm Oasis owners and stating they have been “APPROVED” by the court in Las Palmas to act for owners of Palm Oasis. They are now using a Spanish mobile number:  0034693671006

Remember, COURTS DO NOT APPOINT OR APPROVE ANY COMPANY TO CONTACT TIMESHARE OWNERS.

Anfi have again this week been on the receiving end of two more sentences from the Court of First Instance in Maspalomas.

In the first case, the client has been awarded over £26,000 plus legal interest, with their contract being declared null and void. The same court on the following day declared another contract null and void with the client being awarded 15,738€ for the purchase price plus a further 15,951€ as double the deposit paid within the cooling off period.

Two very happy ex-timeshare owners and a costly two days for Anfi.

judge

Inside Timeshare has also been handed a verdict from the Audienca Provincial of Palma de Mallorca, this case goes back to 2016 and involves no less than eight clients of Marriott Resorts.

The court found against MVCI Management SLU and MVCI Holidays SL, for breaches of the timeshare law 42/98. The total amount awarded by the court is 357,481€. when we get the court papers translated fully we shall publish it here.

Now for this weeks Letter from America which has been revised in light of the news that the company had contacted the author.

Seniors (and others) Driven into Timeshare Foreclosure

By Gay Hart-Brewer for Consumer Protection Week

State of Residence:  CA

Abuse

I made a YouTube that was posted above to warn the elderly and the young to be aware of predatory timeshare sales tactics, appearing to be widespread in the timeshare industry, with the exception of Disney Vacation Club.

March 4 – 10, 2018 is Consumer Protection Week

https://www.consumer.ftc.gov/features/national-consumer-protection-week

The Federal Trade Commission has asked us to:

  • Plan an event
  • Write about it
  • Blog about it
  • Spread the word

I understand I am supposed to say “alleged” and “in my opinion” but my husband Ed and I know what we were told when we invested in a timeshare. Supported by lawsuits, Attorneys General investigation, Better Business Bureau and internet complaints too numerous to mention, I will offer our devastating timeshare experience as a lesson for all Tuesday if our differences are not resolved.

“You signed a contract,” in essence endorses and encourages the actions of these agents employing tactics that are predatory and criminal. They don’t even deny the lies. When a timeshare agent tells an outrageous lie, instructing the member to call him or her to accomplish something the agent knows full well can’t be accomplished, the member is told, “It doesn’t matter what I said. All that matters is what is in the contract.” It’s a sordid partnership between the sales agent and corporate.

This type of white-collar crime is known as fraud for profit, as defined by the FBI.

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

The actual article scheduled for today has been pulled because someone from the timeshare company reached out to me yesterday, after months of insufferable agony over this dreadful experience.

Part II of What is Elder Abuse will air February 27, Tuesday, with or without my YouTube, depending on if the timeshare company will do what is right, just and honest. We pray it will be a positive article about a positive outcome.

Timeshare bait and switch must stop. Social Media is here to stay.

We may be elderly, but we will no longer be victims.  

Thank you Gay, we all hope that the outcome for you is a good one.

Inside Timeshare once again thanks all contributors and readers who contact us with information, it really does help others to avoid many problems. As usual, we repeat our warning, before engaging with any company that has contacted you or that you may have found on the internet, check them out and do your homework. This due diligence will save you more than just money.

If you need help in looking for the information you need, contact Inside Timeshare and we will help you find it.

Have a great weekend.

weekend

Martin Zabala Abogados, Appointed by the Court in Las Palmas!

Today’s article is a warning to readers about a new “Law Firm” contacting UK owners of Palm Oasis in Gran Canaria. One of our readers contacted us after being contacted and receiving a letter from Martin Zabala Abogados Asesoria, based in Madrid.

The address given is Calle Velazquez 15 -1, Escalera Derecha, 2008, Madrid, telephone number 0034 911 01 34 24, also using the same number for the Fax. They give two email addresses on the letter: [email protected] & [email protected]

We have found an entry for this company in company records, registered on 20 July 2016, with the CIF number B87615928.

One problem we have found is in the email addresses, the [email protected] actually belongs to a genuine law firm based in Barcelona called Martinez-Zurita Abogados Asociados.

The address on company records is: VIA AUGUSTA, Nº 246, 5 08021,Barcelona, with the CIF: E64299092, they have a website:

http://mzabogados.com

The law firm was founded in 2000 and shows all the lawyers and partners on the Team section, having checked on the Centro General de Letrados, which is the official register of all lawyers in Spain, all the names are members of the Barcelona Bar Association, so this is a genuine law firm. They have also been informed of the use of their email address.

So what makes this outfit in Madrid so suspicious?

suspicious

Firstly the letter is signed by Jasmine Phillips, Lawyer at Martin Zabala Abogados, but no trace of her can be found in the official lawyers register.

Secondly it is the nature of the letter sent to Palm Oasis owners, the second paragraph reads:

“The court of Las Palmas has approved our office to aid all agreement holders residing in the United Kingdom. As Mediators, we are advising all members of the holiday resort of the ruling in their favor and to handle all outstanding claims of the injured parties.”

So they have been “approved” by the court in Las Palmas have they?

Well we know that the courts do not farm out these cases to outside companies or approve such companies to act on the courts behalf. We then have the fourth paragraph where they state that:

“Due to the material misrepresentation, aggressive selling methods, failure to revoke the right of withdrawal and in some cases, no right of revocation, all contracts concluded between 1994 and 2009 have been null and void.”

Not quite accurate, the laws which are being used by genuine law firms to claim and have contracts declared null and void, did not come into force until 5 January 1999 and are known as Ley 42/98.

Although they do say they will make no charge for their services as these are paid by the defendant, you the client are not exempt from court fees, these have to be paid directly to the court and not their company, also they will not exceed 12% of the settlement amount. All very strange indeed. What is the betting the amount will have to be sent by bank transfer to a fictitious court address?

Another fact from the letter is regarding the owners documents, they want them sent by fax or email clearly marked as copies, so they can ensure swift processing of applications.

Not the usual procedure to take a case to court, which requires original documents which then have to be translated into Spanish, a Power of Attorney needs to be signed, the case then has to be prepared on an individual basis by a lawyer (no class actions in Spain), the case is then filed by a Procurator at the court. We then have to wait for a pretrial judge to review the case and if eligible sending it for a full trial hearing. None of this is a quick process.

No doubt the main sting will come later in the process, which if like other cases we have highlighted will entail the owners receiving a letter to say their case has been won and many thousands of pounds have been awarded. Unfortunately, before the court will release this money a “TAX” will have to be paid, again probably by bank transfer to another company dealing with the “TAX” or the same fake court address. That will be the last you hear from them and yes your money has gone!

Inside Timeshare reminds all our readers and those coming across our pages looking for information, beware contacts from companies, law firms etc with these wonderful promises, check and check again. If you are unsure on how to do this contact Inside Timeshare and we will help, remember doing your homework before taking on the offers or paying any money will save you in the long run.

homework

End of January Review

So that is the end of the first month of this year and what a month it has been, if this one is anything to go by then we are going to be in for a busy year. So let’s have a quick look at some of the main events.

We start with two stories published this week, the first is a quick update on the website of Worldwide Timeshares Unlimited.

Yesterday RCI thanked Inside Timeshare for reporting the use of their logo, they confirmed that it is being used illegally and their legal department had been informed. Today when checking the website the RDO and Expectations Holidays logo’s had been removed, unfortunately the Canarian Legal Alliance logo and copied news section are still showing. CLA have been informed.

It has also come to our attention that Antoni “Toni” Muldoon also has another website:

http://www.scam-busters.co.uk/

Supposedly to help people being scammed by the likes of him, one does have ask the question, is he the reformed character he makes out to be or is this just another way of getting your money?

spots

Regarding the Anfi letter to UK members and the use of the BBC program Rip Off Britain, we had the opportunity to see the program for ourselves, the “lawyer” named on the program was one Emilio Leyes Catillianos at the address Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, is the very same one that Inside Timeshare first reported back in July and September 2016.

That address is actually for the Oficina del Servicio de Atención Ciudadana, similar to the Citizens Advice Bureau.

CAB Arona

This particular “lawyer” was part of the Litigious Abogados setup, which is one of those Inside Timeshare provided evidence to CLA for their denuncia to the Guardia Civil in February 2017, (see link to CLA website to view a copy of the denuncia):

https://www.canarianlegalalliance.com/fraud-alert/

The sad thing is the program is too late to highlight this as the website has already gone and been replaced with many new names, the latest was published here on 8 January, Abogados Canarias, with the main “lawyer” named as one Manuel Cilavoz Varintos. I would say that their research team has a lot to learn or is the program just there for entertainment purposes?

Since the start of this year the US articles many written by Irene parker, has resulted in 38 complaints received by Inside Timeshare and dealt with by our US team (all volunteers). Since we began actually counting the number of complaints received at the end of 2016, the US team led by Irene has dealt with 291 complaints. Again what does the rest of the year hold in store?

Also at the beginning of the month we reported that Trading Standards had raided several offices of the Mark Rowe owned companies which include Sellmytimeshare.tv ABC Lawyers and his Monster Credits enterprise. We have now been informed that South West Police are contacting clients of his various companies, so it certainly looks like a major criminal investigation is taking place.

We are also still waiting to hear about the sentencing of Dominic and Stephanie O’Reilly of EZE Group, this was supposed to take place this month at Birmingham Crown Court.

Another article published this month was Spanish Timeshare Laws Simply Explained. This was in response to many enquiries from timeshare owners who had been contacted by various firms stating they had a claim, or their timeshare company was being taken to court and they could join in the case. The main point of the article was unless your timeshare was purchased in Spain you will not have any claim, it also pointed out that even if you did purchase in Spain your particular contract may be legal and therefore there is no claim.

Inside Timeshare also welcomed Lisa Ann Schreier with her first article. Lisa is a well known figure in the US, she is also the author of the book Timeshare for Dummies, we look forward to more contributions in the future.

lisa ann

These are just some of the stories published this month, we end with news just in from Canarian Legal Alliance.

It looks like they have had a tremendous start to the year as they announced that they have received favourable judgements in 14 cases against these resorts:

Anfi, Silverpoint, Puerto Calma, Palm Oasis and Diamond International.

These cases have been heard in various courts around Spain, ranging from First Instance, High Courts and Supreme Court. The latest being a Supreme Court ruling against Palm Oasis making the total figure for rulings from Spain’s highest court to 86!

The total amount awarded by the courts in these cases is staggering 267,224.25€ so there are some very happy ex-timeshare owners.

Inside Timeshare would like to thank all those who have contributed to all the articles this month and all the readers who have supplied some of the information which has helped in the research.

Again if you have any questions about any of the articles published or need any help in determining if the company you may be thinking of doing business with is legit, contact Inside Timeshare and we will point you in the right direction.

The Tuesday Slot: Arbitration

Today we feature excerpts from  Chris Parker, a writer from City Pages and his article called The Plot to Kill Consumer Protection

Continuing on yesterdays topic of “Bogus” claims companies and “Fake” law firms, Mindtimeshare  has also highlighted another company, European Liquidations.

Again this company uses the @consultants.com email address, which as we have said previously it is just a free email provider just like gmail and yahoo.

[email protected]

The telephone numbers provided are:

0203 384 3999 and Fax – 0872 751 6998

Unfortunately, Mindtimeshare has very little information and we have been unable trace any company with this name at company house. But it is important to inform readers of all companies that crop up along with telephone numbers and their email address, after all to be forewarned is to be forearmed!

As this article was being prepared Canarian Legal Alliance issued another court ruling, this was from the Court of First Instance in Maspalomas against Palm Oasis (Tasolan). In this judgement the court ordered the return of over 15,000€ plus all maintenance fees and legal interest, the contract was also declared null and void.

The court ruled that the contract infringed Law 42/98 in that it was for a period exceeding 50 years, Contract to be valid must be for a period of between 3 and 50 years, this should also be specified in the contract and explained to the client before the contract is signed. It is clear the Supreme Court rulings are having a severe impact on all contracts that do not follow the stipulated laws.

Now on with today’s article.

Part I – Questions a Timeshare Buyer Never Asks

Does this timeshare contract contain an arbitration clause?

arbitration

By Irene Parker

Part II – Class Action Lawsuits – Misunderstood by Timeshare Members

Friday’s Letter from America

Tuesday October 24

Excerpts from “The Plot to Kill Consumer Protection”

By Chris Parker

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

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

“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….” “Though arbitration may sound preferable to the expense and anguish of court, it hands a major advantage to companies. The costs savings aren’t much: Arbitrators usually charge $300-$400 per hour minimum, and some bill into the thousands of dollars. But arbitration clauses typically bar the consumer from joining class-action suits. The strategy has emboldened fraud on a massive scale.” “In July, the Consumer Financial Protection Bureau ruled that arbitration clauses can’t bar consumers from joining class-action suits. The GOP Congress intends to repeal the rule.”

Sen. Lindsey Graham (R-South Carolina) told the Wall Street Journal that such clauses are “a windfall for the companies, in terms of how you settle their cheating.”

“Even when someone does challenge them, arbitration rulings are usually private, with no appeals and little documentation. Like a tree falling in a vast forest, Wells Fargo’s customers didn’t hear the millions of other victims, and the press remained none the wiser.”

“With consumer protection increasingly whittled away by keen lobbyists and cunning corporate lawyers, the idea was to build an agency whose sole mission was protecting consumers.”

cfpb1

“During its brief life, the bureau has established itself as the only Washington agency more responsive to consumers than to lobbyists. Since 2011, it’s handled 1.2 million complaints, returning over $12 billion to consumers.”

The CFPB and Timeshares

By Irene Parker

The Consumer Finance Protection Bureau has also been the first line of defense for timeshare buyers alleging they were sold or up-sold by deceit and bait and switch. Given the staggering number of reports of deceit and bait and switch on the front end of the timeshare sale, if the CFPB is regulated out of existence, widely predicted, many timeshare members feel the only court that will be left available to them is the court of public opinion, warning unsuspecting consumers as to the minefield of ways the evolution of right to use timeshare points has opened the doors for unscrupulous timeshare sales.

Our standard disclosure is that not all timeshare sales agents are deceptive and not all timeshare companies are predatory.

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

I asked ever assessable timeshare attorney Mike Finn of the Finn Law Group which timeshare developers have an arbitration clause. Diamond Resorts is the only major developer that I’m aware of that has the arbitration clause,” explains Mike. I spoke with other attorneys who say the same.

Banks and other lenders can pick arbitrators. As Minnesota Attorney General Lori Swanson expressed –

shark

“We heard from arbitrators that were blackballed and essentially told, ‘You’re not going to be an arbitrator anymore because you’re ruling for the consumer,’” she says. “That’s one of the problems with arbitration. The court system is paid by the taxpayers. Judges are neutral and their funding comes from the public.” City Pages “The Plot to Kill Consumer Protection”

A common comment on complaint sites and from 170 Inside Timeshare readers reaching out to us for assistance is, “Let’s get a class action going!?” Timeshare members typically confuse the term and substance of a class action. We’re all used to class action ads on television say, for example, a medical device failure. The difference with timeshare is that damages are not uniform, which is necessary for a class action. Some lawyers may call a lawsuit a class action on behalf of only one or two plaintiff class representatives but they are more like individual lawsuits. Real Class Actions involve hundreds or thousands of plaintiffs. More later,

Part II – Class Action Lawsuits – Misunderstood by Timeshare Members

By Mike Finn of the Finn Law Group this Friday’s Letter from America

Why will timeshare developers not acknowledge the flawed business model?

Out of 170 complaints received, 155 of our readers allege they were sold a timeshare by deceit and bait and switch. The contract is perpetual, accompanied by rising maintenance fees. With some of the more gestapo orientated companies, the member cannot sell or give back their timeshare. The problem is magnified when the buyers succumbed to high interest rate loans and higher interest rate credit cards.

We believe Social Media and media outreach is the tortoise chasing the hare. Timeshare default rates are rising and original buyers (like me) are not getting any younger. Inside Timeshare continues to be there for members and advocacy Facebook pages and websites are on the rise – helping members through the 3Rs or F of Timeshare – resolution, when possibly the member just did not understand how to use the program, refund, relinquishment or foreclosure. In America, there is no debtors’ prison, except in the case of refusing to pay child support.

We ask timeshare developers – What would happen to the primary residential home market if home buyers could not sell their property?

think about

Self-help Facebooks

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

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

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

Thank you Irene and Chris, also a big thank you to Tammy for proof reading and editing these articles.

As always if you have any comments or would like to share your experiences, Inside Timeshare welcomes them, contact us through our contact page.

If you need help or advice on any timeshare matter do get in touch and we will point you in the right direction. Remember before engaging with any company do your due diligence and your homework, it will save you a lot of bother in the end.

diligence