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Palm Oasis

letter-from-america

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 which unfortunately our reader has missed a couple of digits but we publish what we have as it will provide you with at least the start:  0034 6936710

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

consumer alert

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: info@mzabogados.com & mzabogados@email.com

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 info@mzabogados.com 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 jan

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.

questions

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.

europeanliquidationsltd@consultant.com

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

letter from america

Friday’s Letter from America on Thursday

Welcome to Friday’s Letter from America on Thursday, yes that is correct, we are publishing a day early as we are travelling to the US on Friday.

Inside Timeshare is visiting our American colleagues, with Irene and Don meeting me at Orlando airport, while there we have arranged to meet with several attorneys including America’s very own Timeshare Crusader Lisa Ann SchreierWe will also be meeting many other people and hopefully having a few cold beers.

beer

Inside Timeshare is also pleased to announce a new collaboration, for sometime CLA International based in Dubai, has been getting their website up and running. They have been following the articles published on Inside Timeshare and have asked if we would run their news section.

They wanted an independent voice rather than their own take on things, Inside Timeshare has agreed to supply those articles, so many of the articles regarding international timeshare news we publish will be posted on their website. These will be from the many contributors who are now writing for Inside Timeshare. We also hope to add more from the following areas:

India (Goa), Thailand and the surrounding Asian area, Australia, Mexico, Central and South America, we welcome any contributor who would like to publish their experiences, news and views on the world of timeshare. You can contact us via our contact page or direct to admin@insidetimeshare.com

contribute

Update from Europe

Once again, Inside Timeshare has heard from another reader who found our articles on the Litigious Abogados family, namely Amador Galeca Abogados.

The reader had a call regarding their timeshare at Royal Sunset Beach, with the name Andrew Cooper again being named as the director being taken to court with all his personal property and assets being seized. For a sum of just under 1000€ they could be part of the case.

The reader then made a bank transfer, but then decided to check out the name Andrew Cooper, finding our previous article. When the reader contacted us we explained how the scam operates, they immediately informed their bank and the bank is now trying to stop the transaction.

The reader explained that when her husband became too ill to travel Royal Sunset actually took back the timeshare, so they no longer owned. Because of this there would not be any basis for a claim in any court.

This story just goes to show once again, before you pay any money, check who you are dealing with. Hopefully the readers bank was informed in time to stop the money being transferred.

stop think proceed

We started the week with verdict from the courts against Palm Oasis (Tasolan), the following day the Supreme Court ruled on another case against Silverpoint in Tenerife, that made 64 rulings from this court on timeshare. In this case the court again declared the contract null and void, awarding over £99,000 plus a double deposit of £6,082 including legal fees and legal interest.

Then yesterday Wednesday 4 October the High Court in Tenerife ruled once again against Silverpoint and awarded over 67,000€ plus legal fees and interest to the client. This was then followed by the news the Supreme Court had just issued another sentence against Silverpoint, bringing the total number of cases won at this court by Canarian Legal Alliance to 65.

Now on with Irene’s article where she recounts our first meeting and her visit and interview with Canarian Legal Alliance. We have certainly moved on since that first meeting.

Canarian Legal Alliance and Inside Timeshare

The meeting of minds

Irene with CLA
Irene Meeting with CLA Staff Sept 2016

By Irene Parker

October 5, 2017

We are judged by the company we keep, so shortly after submitting my first article to Inside Timeshare my husband and I flew to Gran Canaria, Canary Islands to meet Charles Thomas and his Canarian Legal Alliance friends. It was not an easy trip since we boarded the wrong plane in Madrid and ended up in AMSTERDAM!

We stayed at Diamond Resorts Cala Blanca resort on Mogan. A Diamond sales agent in the US actually introduced me to Charles by sending me one of his articles. The staff at Cala Blanca could not have been nicer. I talked quite a while with the manager as he was the head of a resort employee union of sorts advocating on behalf of refugees he felt were being treated unfairly at a resort on the other side of the bay. One of the sales agents working at Cala Blanca and a friend of Charles is one of my Facebook friends.

In today’s timeshare world you can’t be too careful. Attorneys come in all ethical shapes and sizes. In addition to meeting Charles, I was able to meet with the CLA office manager Csilla, named business person of the year for Gran Canaria, several intake workers showing sincere compassion as they listened to timeshare accounts over the phone, and a few CLA lawyers. Since this July 2016 video clip CLA has achieved several more victories for EU timeshare clients – 65 Supreme Court victories to be exact as of October 4, 2017. Watching this video for the first time, I remember thinking if Cristina ever decides she doesn’t like law, she could find a job in the motion picture industry.

http://www.canarianlegalalliance.com/cla-latest-updates-video/

Timeshare today seems to have lost all sense of direction. True, we hear primarily from the disgruntled, but developer lawsuits flying back and forth between timeshare developers and transfer agents has left many timeshare members in a state of confusion. Who do you trust?

I trust CLA and am honored to have been asked to have my Inside Timeshare articles featured on the new CLA International website with Charles webmaster of the news tab. Our Diamond Resorts member sponsored Advocacy Facebook administrator and Economics Professor Michael Nuwer and Australian Contributor Justin Morgan submitted their comments for this article about the Apollo Global Management buyout of Diamond Resorts.

http://clainternational.ae/2017/09/28/who-is-apollo-what-is-apollo-two-diamond-member-consumer-advocates-offer-their-opinion/

Timeshare members need help. It has been widely reported many aging baby boomers (like me) are desperate to be released from timeshare. Some timeshare companies have launched surrender programs, like Wyndham’s Ovation program, but the vast majority of members contacting Inside Timeshare succumbed to high interest rate loans and credit cards. Thus, they are not eligible for voluntary surrender programs. Often they are forced into foreclosure. The problem is exacerbated when the member alleges they were deceived into buying a timeshare or upgraded for maintenance fees relief or buy-back programs that do not exist. Out of 157 complaints received (as of October 4), 143 allege deceit on the front end of the sale. The others can’t afford rising maintenance fees.

From our humble beginnings, as more members started helping other members, we called ourselves Timeshare Advocacy Group™ as members turned anger and disbelief into action and advocacy. Timeshare Advocacy Group™ started as an afterthought. A former timeshare sales agent contacted me and said they wanted to do a press release in Arizona. We needed a place where readers could respond.

Irina Allen stepped up to the plate. She is our Facebook page administrator.

admin lady new

Irina (Irene) Allen purchased over $500,000 worth of timeshare points to share with family, friends and clients. On the advice of a sales agent, Irene opened a RedWeek account and posted one ad to rent some of her points. She gave up this idea after she never got paid for the rental. Rentals are not allowed, according to company rules, but there are hundreds of rental ads anyway. She also was accused of opening an Airbnb account. Irene says she has never had an Airbnb account. She was expected to pay $2,400 per month in mortgage payments and $29,000 in maintenance fees for a year while her account was suspended. Resorts are exempt from the rule for promotional purposes. Thus, the resort was able to rent out Irene’s points at Irene’s expense.

At Timeshare Advocacy Group™ members also help members with regulatory filings and media outreach. We have Wyndham, Bluegreen and Diamond members working alongside former Hyatt, Westgate, and Diamond timeshare sales agents in an effort to reform an industry badly in need of reform. In addition to timeshare members, other Advocates, like blogger Lisa Ann Schreier, lend their support. Lisa Ann and Charles are both former timeshare sales agents.

In America, it’s not easy these days for opposing sides to talk to each other, but every once in awhile there is a glance of a Republican sticking their toe over to the Democratic side of the aisle. It is our hope there will be a day when developers will take the time to listen to what critics have to say instead of only focusing on ambulance chasing unscrupulous transfer and listing agents. It is my belief, until the deception on the front end of the timeshare sale is acknowledged and addressed, the court of public opinion is the only court open for the beleaguered and often financially devastated timeshare member learning their contract is perpetual and the secondary market limited at best. For some timeshare companies, there is no secondary market. What other investment or product exists that holds the buyer of a product hostage?

Charles Irene

Charles is winging his way to America tomorrow, so let us know if you will be in the Orlando area October 8 – 12. Or, let Charles know the next times you happen to be on Gran Canaria in the Canary Islands.

I am a former stockbroker and financial planner. After I retired from the brokerage business, I became a CASA Supervisor, writing court reports for Family Court on behalf of children in foster care. I have always had a problem turning my back on anyone who considers themselves a victim. There are many ways to volunteer time in retirement. Join us in our efforts to enhance timeshare accountability and transparency.

http://insidetimeshare.com/what-a-volunteer-does-for-nothing/

globe

That’s it for this week, tomorrow will be a long day as it is Gran Canaria, Madrid, Miami then to Orlando. I know Irene and Don have set aside a couple of days to show me some of the sights, so it will not be all work and no play!

We will however be trying to publish some articles while over there, so keep an eye on these pages.

Have a great weekend

cartoon-airplane

hello october

First Monday of October

Welcome to the first Monday of October, if last month was anything to go by, we think that this month is going to be rather busy. Inside Timeshare will be travelling to the US at the end of the week, while there we will be meeting with our US colleagues all arranged by Irene Parker. It should prove a very interesting trip, we also hope to carry on publishing while there.

Before we continue, Irene has sent the latest update from the US on the atrocity committed in Las Vegas, the toll has risen to 50 dead and over 400 wounded. Inside Timeshare on behalf of all our readers send our sympathies to those bereaved and wish the very best and a speedy recovery to those injured. You are in our thoughts. It is a sad world we live in today and this makes our timeshare problems seem paltry in the light of these events.

with you

Last Month, we highlighted several new “claims” companies, along with the new incarnations from Litigious Abogados, no doubt there will be many more coming to light as the month progresses. We are just wondering on what the new names will be?

Over the last month we have had many emails on the articles published, especially on the fake firms, but many from the US who have watched our midweek reports and Friday’s Letter from America.

The US readers have all identified with many of the stories published, these have been passed to our Advocates who then make contact. Many of the stories are very similar, all revolving around the overselling of points and the use of the Diamond BarclayCard. It is frightening to see how many of these readers are elderly and how they are being treated by unscrupulous sales agents. Things do need to change.

Last week Canarian Legal Alliance sent in several of their latest court victories, some arrived after publishing.

On 26 September, we published their 61st win at the Supreme Court, since then there have been two more bringing the total to 63! Details have yet to be published.

They finished off last week with two more victories on behalf of their clients, the first was at the High Court Number 4 in Fuengirola, Malaga.

This was against Petchey Leisure, the contract was declared null & void, again it was in contravention of law 42/98. In this ruling the court declared that the contract did not specify certain information required by law when the contract was signed and issued. These specifics included, lack of information such as date time and location, which should be clearly indicated in the terms and conditions. The court awarded the client over £14,000 plus legal fees and legal Interest.

Just to end the week on a high note, they also announced another ruling against Silverpoint in Tenerife. The High Court Number 3, once again declared the contract null and void, awarding the client over £39,000 plus legal fees and interest.

In this ruling the judge used the timeshare law 42/98 regarding the length of the contract, which must be no longer than 50 years and must be clearly stated in the terms and conditions.

In today’s press release, they announced a verdict from the Court of First Instance in maspalomas, this was against Palm Oasis (Tasolan).

The German client has been awarded the return of 31,220 German Marks (yes you did read that correctly, it was purchased before the Euro). They have also been awarded maintenance fees and legal interest, with the contract being declared null and void.

So that is the start of this week, it just remains to be seen what other news come to light as the days pass.

It only goes for us to say as usual, be careful on who you do business with, if you do not know how to check out the validity of a company, contact Inside Timeshare and we will point you in the right direction.

 

letter from australia

Friday’s Letter from Australia (No, you have read that correctly)

Welcome to Friday’s Letter from (America) now Australia, this is just to confuse our American cousins, the reason is that we welcome our first Antipodean cousin to our pages. Justin Morgan, makes his debut with his first contribution to Inside Timeshare. It is ironic that it happens to be on the first anniversary of Irene Parker’s very first article, which was about the acquisition by Apollo of Diamond.

Since her first article, Irene has been a major contributor and very much a driving force in bringing the problems of owners in the US to the fore. She has also become a very valued friend not just to myself but to all those she met while visiting Gran Canaria.

But enough of that, how about some news of timeshare in Europe?

Diamond Resorts has had a battering in the courts in Tenerife, Canarian Legal Alliance has secured a victory for one of their clients with the High Court declaring their contract null & void, with the return of over 29,000€ plus legal interest. In this case the court stated that the contract did not contain specified information required by law, with the product being the points system which the Supreme Court has deemed illegal due to their lack of tangibility.

This is the fourth verdict delivered against Diamond by the Tenerife courts this year, which our sources indicate is just the tip of the iceberg!

justice2

Anfi, based in Gran Canaria is on the defensive, it would seem they are already sending out new contracts after the vote last Friday 23 June, which coincided with another defeat at the High Court in Las Palmas. In that case the court declared the contract null & void as it was for more than 50 years.

As this is being written, the news has just arrived from our contact at the Court of First Instance in Maspalomas, that another contract has been declared null & void, with the client being awarded over 35,000€ plus legal interest.

At the same court yesterday Palm Oasis / Tasolan, were ordered to repay over 31,000€ and declaring the contract null & void. In this case the court ruled against the points system, which it deemed as selling nothing but promises.

On the Tauro Beach project, which has been the subject of many articles, it seems that the beach is still closed to the public, although many people are ignoring the fences and entering the area. There still seems to be no indication when this area will be fully open to the public, it may not be for sometime yet as there are several court cases pending.

So now on to this weeks article.

Who is Apollo? What is Apollo?

Two Diamond Member Consumer Advocates offer their opinion

Up Down

By Michael Nuwer and Justin Morgan

Introduction by Irene Parker

June 30, 2017

In honor of my one year anniversary writing for Inside Timeshare, it is only fitting to revisit Apollo Global Management’s acquisition of Diamond Resorts as Apollo’s Diamond acquisition was the subject of my inaugural article June 30, 2016.

http://insidetimeshare.com/700-2/

I had been shouting my timeshare concerns from the rooftops since my husband I attended a pathetically aggressive sales presentation July 2015 at Diamond’s Grand Beach Resort, which ultimately led to our appearance on the FOX News show Property Man, interviewed by Las Vegas attorney Bob Massi.

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

The first I heard from Diamond was a year later in reaction to my Apollo article written for Jim Cramer of CNBC’s Mad Money’s investment news service, TheStreet. Diamond contacted TheStreet demanding a rebuttal. Diamond members are still waiting for Transitions, a relinquishment program that must still be in development.

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

Diamond boasted 11 quarters of robust earnings growth until shortly after the Apollo acquisition announcement. A delayed 2016 second quarter earnings report was attributed to accounting irregularities.

http://www.thestreet.com/story/13702895/1/diamond-resorts-international-s-second-quarter-earnings-reversal-is-worrisome.html

According to a May 2017 KROLL Bond Report, Diamond’s default rates remain elevated.

The collateral pool of DROT 2014 – 1 has experienced elevated levels of defaults, which similar to certain other vacation ownership companies in the industry, Diamond Resorts attributes to an increase in the number of borrowers who have been solicited by lawyers to get out of their timeshare and/or have sent Diamond Resorts “cease and desist” letters.  

https://www.krollbondratings.com/announcements/3705

A National Mortgage News article appeared indicating the interest rate on the Apollo acquisition was raised due in part to the earnings restatement. Earnings had to be restated back to 2014 resulting in an earnings decline from the prior earnings report. Since the merger was announced as an all cash $2.2 billion deal, I did not understand the comment about the raised interest rate.

advocate 1

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/

Timeshare Advocate Michael Nuwer explains. I now understand what it meant when Diamond owners were informed Diamond is owned “by an affiliate of an affiliate of funds.” It’s pretty high finance.

Apollo Global’s acquisition of Diamond Resorts was organized as a “leveraged buyout”.  Here’s how the deal worked:

Apollo created a shell company called Dakota Parent. Four of Apollo’s investment funds own this company. Dakota Parent created a wholly owned subsidiary called Dakota Sub. Dakota Sub borrowed $2.2 billion dollars (a big chunk of it, $1.1 billion, from the four Apollo funds) and bought 100% of the DRI shares — 72.7 million shares at $30.25 each. Then DRI merged into Dakota Sub, changed the company name to Diamond Resorts International, and thereby took on all Dakota Sub’s debt. This is the way leveraged buyouts typically work. Former Diamond CEO Cloobeck used the same structure when he bought Sunterra in 2007.

Now that all is said and done, DRI is a wholly owned subsidiary of Dakota Parent. The equity in Dakota Parent is owned by the four Apollo funds. Diamond has $2.2 billion debt on which it must make interest payments. The primary lenders are the four Apollo funds. They are in for $1.1 billion, $500,000,000 at 7.75% and $600,000,000 at 10.75%. The secondary lenders are in for $800 million, and another $200 million is secured by some DRI assets (I think they are consumer loans).

There are two ways Apollo makes money on this deal assuming all goes well. First, the four Apollo investment funds receive interest income out of DRI’s cash flow. They are guaranteed $103,250,000 per year. High profits or low profits, it doesn’t matter, Apollo gets paid. Further, the Apollo investment funds own a claim to all the equity growth of the company (that is all value over $2.2 billion). Thus, if they can sell the 72.7 million shares for $45 each, not an unreasonable number if all goes well, Apollo’s capital gain will be about $1 billion.

Aussie Flag

From Justin Morgan Australia

As a tax accountant, finance planner, part time private equity guy, I completely agree that the Apollo deal will only end in debt being laid upon Diamond members, for the benefit of those who arranged the details of a LBO merger that, when combined with the liabilities of the timeshare structure that utilized Association Board powers and targets them, it becomes a lethal mix that allows financial dealers to write their own checks bigger each year. It seems there is no end to how high they could simply raise their own salaries, pay-outs and ‘returns’ towards simply legally expecting members to pay their share of these increased contributions.

In the economy, we have certain protections such as Trade Practices Acts, Fair Trading Laws, financial regulation, monopoly laws…All this is designed to prevent abuse of market power. In my opinion, I would characterize this Diamond set-up as worse, because there is NO market that is anything other than what DRI, and the timeshare industry in general, allows. It is engaging in practices specifically designed to restrict the market to only it and its approved associates.

I feel this exploits consumers at near will, and I wonder where Apollo will set their ceiling …Looking at how the deal was structured, they see huge opportunity to lend to a membership base locked up in dubious legalities and unfair contracts. All this would not be legal in Australia. I’m amazed at how it turns out to be in the US. And I write this from Mexico, where it is well known what happens when dangerous cartels form and throw their money around here.

Circumstantial evidence is that the proof is in the pudding, but proving it in the US, where the banks and private equity already got away with much…well, I can only hope that the powers that be realize that it won’t get better if they keep allowing the average consumer and householder to be abused by what is, in my opinion, predatory sales and lending.

If the new DRI were to strip assets, it’d be left holding the large liabilities, but that is usually the reason why they then go back to legacy members warning of bankruptcy if they do not buy more points. It looks like the new DRI is just financially ‘creating’ this balance sheet to look exactly how it should look to siphon off more money from members. They already have their interest windfall. Next would be the stripping, and finally, the call for more contributions to boost management revenue…all this whilst the members are forced into more debt.

This is a strategic type play from the banking world, but DRI and private equity were some of the quickest learners out of the Great Financial Crisis. Many learnt how the banks do it. Private equity rushing into timeshare is the new rush to create financial instruments that creates only ‘liability’ for the timeshare owner. The financial guys profit from the creation of liability, which is their ‘debt-holding’. In a near zero interest rate environment, Apollo is looking to create the debt, then shift it across to the membership…effectively, they’ve already done it. Now they must get their $1.1bn back, and the result is just pure profit for the financial players. This could turn out to be a textbook case of why this must be stopped immediately. It will possibly play out over years.  Bravo Irene for taking a stand. I will support your efforts however I can. You’ve struck here what I believe is the actual core of the New Timeshare. The Old Timeshare was less sophisticated, but for those of us who know that private equity in this industry is licking its lips over several recent acquisitions, the old caveat of “buyers beware” may even be too late.

Teacher

Thank you to Michael and Justin for their reader responses which are possibly the most sophisticated reader responses in the history of Inside Timeshare. More and more timeshare Advocates are coming forward bringing their expertise and experience to the timeshare table.

Contact Inside Timeshare or one of our Timeshare Advocacy Group™ Facebooks or websites if you need timeshare assistance or can become an Advocate.   

So there we have it, another week over in the murky world of timeshare, Inside Timeshare thanks Irene for her efforts in bringing so many people together to share their views and experiences.

To our latest addition to the Inside Timeshare family, a very hearty welcome and we hope to hear more from those in the “Land Down Under”, who we do tend to forget share the same experiences as us in Europe and the US.

It’s Friday, the weekend is here, so break out the BBQ’s and let’s PARTY!!!!!!!!

barbie

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, today we publish part two from David Franks, Our Diamond Misadventures. But as usual we start with some news from Europe.

Today there is a Special General Meeting of owners from Anfi, they are being asked to vote for one of three resolutions. These are in order to bring Anfi contracts in line with the laws in Spain, which as we all know are being enforced rigorously by the courts, with almost daily announcements of contracts being declared null & void with all monies returned. As we mentioned in a previous article it is a case of closing the stable door after the horse has bolted.

After last weeks article was published there were yet more announcements from the courts, the first was against Palm Oasis (Tasolan SL), with the court declaring the contract null & void with the repayment of 31,577€, a very happy ex-owner indeed.

Then on Friday evening we were informed of another decision from the Court of First Instance against none other than Anfi! The amount awarded is a staggering 59,053€.

So far this week there have been another two against Anfi, another against Palm Oasis (Tasolan SL) and two more from the Tenerife courts against Resort Properties / Silverpoint. So it looks like those lawyers from Canarian Legal Alliance are flying.

The “fake” law firms from the Litigious Abogados family in Tenerife have another name added, a new Procurador going by the name of Daniel Marco Yariz. This Procurador is working on behalf of Abogados Amable & Garcia who we highlighted in Friday’s Letter from America on 12 May. Their documents to those who are not familiar with them do look genuine, especially those from the “courts”. They certainly are growing, the question is how much money have they managed to swindle from unsuspecting owners? (Search Litigious Abogados for all articles).

One of our regular readers has informed us that he has been banned from the forum timeshare talk, because he posted one of our articles about Mr Mark Rowe. Not surprising really, as it is owned by him. So the question is can you trust this forum?

So, now on with this weeks article from David Franks.

Our Diamond Misadventures

Chapter Two: Missouri Loves Company

By David Franks

travel

June 23, 2017

Once back from our two Vegas experiences – the vacation proper and the DRI ordeal as chronicled here:

http://insidetimeshare.com/fridays-letter-america-5/ –

my lovely wife and I resumed our mundane lives and occasionally perused the Diamond Resorts material in anticipation of our membership’s becoming active in 2016. After ignoring several email and phone offers for a “free” weekend resort stay, and realizing that a resort stay was inevitable, we decided to give a resort a chance and – God help us – we booked a weekend and the obligatory “New Member orientation presentation lasting approximately 90-120 minutes” at the Suites at Fall Creek in Branson, Missouri. This would not be too long a drive from our hermitage.

We arrived at the Suites at Fall Creek on Saturday, October 17, 2016. After a check-in that included an introduction to the concierge desk, we deciphered the map they provided and found the two bedroom suite they had hidden at the back of the Suites at Fall Creek property. Though it would pass for nice, with a kitchen I might have been able to get used to during a week’s stay, it wasn’t luxurious, and it didn’t alter our conviction that resort staying is not for us. We went out and drove around for a look at Branson, found a satisfactory restaurant, had an adequate evening meal and found our way back to our pied-a-terre.

We arose early for the 8 a.m. breakfast that was part of the presentation. The dismal breakfast buffet should have served ample warning of what was to come. After that unfortunate incident and being chatted up by friendly salespeople, the group dispersed and my lovely wife and I were ushered into the office of M. W. for our individual “orientation”. He was shocked – shocked! – that M. R. in Las Vegas had sold us such a small membership. He proceeded to tell us what we should have been told in Las Vegas: the membership was too small to accomplish what we wanted. But boy, did he have a way to fix that. (Just think! A tag team that works halfway across the country!) In the face of our complete – and reinforced – lack of interest in resorts, M.K. gave us the same assurances as we had received in Las Vegas: that between Diamond and Interval International we would have access to comprehensive travel services, discounted travel and a 20- or 30-cent point redemption value for all DRI and II services. We mentioned our liking for train travel, and he told us that Diamond was working on an agreement with Amtrak.

In addition to a reprise of the Vegas promises, we were offered the incentive of double bonus points with a purchase, which would put us at Gold membership level for two years so we could really put our membership through its paces. If we still didn’t like what they had to offer at the end of the two years, then we could sell our membership. There was no mention of the particular difficulty of reselling DRI memberships in the secondary market. Having looked at the figures for another assortment of membership packages, membership did not appear to be too good to be true; rather, as presented, it seemed a reasonable value: the redemption value of points at 20 cents was approximately equal to the maintenance fees. We selected a membership that brought us to the Silver level. We were told we would have a 30-cent point redemption value for all services for calendar 2016 and 2017, and 20 cents per point after that. The first two years seemed a good value, but the ability to resell was the clincher.

Among the blandishments proffered was a variety of “Dream Vacations” from which we could select one to try out Diamond’s expert travel service. We selected a Miami-and-cruise vacation for 7,500 points.

About fifteen minutes after filling out credit card applications, my lovely wife and I were each miraculously handed a Diamond Resorts-branded MasterCard issued by Barclaycard US. I say “miraculously” because issuance was based on our assertion as to the value of half of our liquid assets – a figure they could not have verified in the time they took (this was on a Sunday), and a formula I’ve never seen used anywhere else. I guess our credit scores helped. And “miraculous” because the two cards covered the entire remaining cost of the new slab of membership.

Desk

M.K. gave us his personal cell phone number, and told us to think of him as our “concierge” if we ever needed anything – the third concierge we acquired that weekend. He also asked us to give him a good rating with Diamond, as he had never received a complaint from a client. With breakfast, “orientation”, selling, credit card applications, additional enticements, contract paperwork, and being left alone in M.K.’s office for awkward periods, the ordeal took over seven hours.

The next morning we were able to flee the premises with little disruption or delay and enjoy a fine drive home.

Important points so far:

meeting

  • Again, the 20- or 30- cent exchange value of points, for all types of travel, was the only value mentioned in the presentation.
  • Again, convenient, discounted travel was emphasized.
  • Again, the availability and advantage of comprehensive travel service through Interval International was emphasized.
  • The last time I talked to Amtrak, they knew of no arrangement with Diamond Resorts.

∙ ∙ ∙

If you are a Diamond member, here is the link to our Advocacy page on Facebook:

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

advocate 1

Thanks to David for your contribution and also to Irene Parker for the editing, we are certainly getting a great team of contributors together. OK, mainly from across the great lake, if you have a story you would like to share, contribution are welcome.

When we have some news from the Special General Meeting being held by Anfi, we will share that with you. In the meantime have a great weekend.

fridaycat

loans1

Timeshare Finance: Barclay’s in Hot Water at the High Court.

We all know about how timeshare has been sold, the long drawn out presentation to wear you down, the oral misrepresentations to entice you, which then never materialise or appear in the contracts. Then we have the sales staff offering finance agreements if you cannot afford the timeshare, with these same sales staff arranging the loans and completing the application forms.

One such timeshare operator, Resort Properties / Silverpoint even went as far as selling packs of weeks as an “investment”, with an “oral” promise that these weeks would be sold at a “profit”, or even rented out to make the owner money.

Many of these were funded by Barclays Partner Finance (formerly Clydesdale), Edwin Coe is representing around 106 of these timeshare customers in a suit worth more than £1.5 million.

edwincoe  barclays

https://www.edwincoe.com/our-expertise/group-action-litigation/resort-properties-barclays-partner-finance/

https://www.moneymarketing.co.uk/barclays-credit-arm-sued-106-holidaymakers-timeshare-deals/

The claimants say Resort Properties / Silverpoint arranged these loans indicating that by renting out the purchased “properties”, the incoming rentals would easily cover the repayments. As far as anyone knows this never materialised, if they were rented out the income just about covered the management fees on those weeks.

As for the reselling of those weeks for a “profit” which again they said would more than cover the cost of the finance, never happened. Everyone now knows that timeshare is not an investment, it is a drain. One only has to look on ebay to realise that people cannot even give them away, let alone sell them. We also see some very inflated prices from the many resale companies, after all those prices are what the owners want for them, not what they are worth.

These are the figures from one loan agreement over 15 years Inside Timeshare has been given for a 1 week timeshare, it is from Barclays:

  • Cost of the timeshare                   £10,900.00
  • Credit facility fee                           £65.00
  • Interest                                             £18,465.00
  • Total amount payable                  £29,430.00
  • Interest rate                                     17.6%
  • APR                                                     17.7%

So with an outlay of £29,430.00 it is not hard to see you will never recoup the “investment” promised.

It is also known that many of these sales staff falsified some of the applications, Inside Timeshare knows of one elderly couple who were pressured into signing up for one of these “investment” packs. When they purchased she was 76 and her husband was 78, both on small private pensions topped up with state pensions. Yet somehow they were given a loan through BPF for around £40,000!

The application was made out by the staff, they signed for the timeshare and the loan after around 6 hours of persuasion, also the husband was in need of his medication. It was not until several years later when they got into difficulty and the finance agreement was being looked over that it was found the income had been falsified.

When speaking with them they were asked, if had they gone to their own bank for a loan of this amount, did they think they would have been given it? Their answer was as you rightly suspect, a big affirmative NO! Their case against Silverpoint is waiting to be heard at the courts in Tenerife.

Another aspect of falsifying these loan applications is the purpose of the loan, on many we have seen it has gone down as “home improvements”. This was done to break the link with “timeshare”. Unfortunately, it could be argued that the people signing the agreements have been coerced into committing a fraud without their knowledge.

Barclay’s are not the only financial institution who are supplying the finance for  timeshares, Hitachi and Shawbrook Bank provide such loans. In the case of Shawbrook, they announced back in July 2016, that they had set aside £9 million to cover defaults on these loans. They admitted they had not carried out their due diligence when accepting and granting them.

credit check

As far as “due diligence” is concerned, one has to ask how has this been done when the loans are agreed on the day?

  • Have the correct credit checks been made?
  • Has the income been verified?
  • Has an income versus expenditure been done to check if the applicant can actually afford the repayments?

Somehow with the number of people Inside Timeshare has been in contact with, it would seem not. It looks like the only “checks” that have been made are ones that show your credit rating, such as Experian.

This has also been a problem in the US, where Irene Parker, Inside Timeshares US partner has been highlighting the problem.

http://insidetimeshare.com/shawbrook-bank-announce-irregularities-timeshare-loans-similar-activities-usa/

Timeshare is going through a very big upheaval, with the likes of Resort Properties / Silverpoint, Anfi, Palm Oasis / Tasolan, Holiday Club / Puerto Calma to name a few, all being pursued through the courts. All of these companies have also had judgements against them from the Supreme Court in Madrid, the highest court in Spain, which have strengthened the Spanish timeshare laws. These cases are costing them dearly, we are looking at millions of pounds in repayments and declaring the contracts null & void.

If you have any questions or comments on this subject or would just like to know if you have grounds to make a claim, Inside Timeshare will find out for you and point you in the direction of reputable law firms.

Remember, there are many out there who say they are law firms but in reality they are not, many are just after selling you another product or even just out to steal your hard earned cash. A prime example of this is Litigious Abogados in Tenerife, which we have published many articles about.

As we have said before and will keep saying, doing your homework is vital.

homework

end-year

2016 End of Year Review

So here we are at the end of another year and what a year it has been, it started with the relaunch of Inside Timeshare, bringing you truthful information and news you would otherwise not get.

One of our first articles explained what fly buys are, the fact you would get a cheap holiday but be subject to attending a presentation. At this you would be pitched a holiday product of some sort, be it a holiday club or timeshare. The article also warned of the pitfalls of not attending the presentation, either being charged the full accommodation price and in many cases being removed from the resort.

We also highlighted many “scams” that timeshare owners have been subjected to over the years including many new ones. The latest being the article on Litigious Abogados (see links). We also showed how some of the so-called resale companies operate, giving you the reader the information to make an informed choice.

http://insidetimeshare.com/1059-2/

http://insidetimeshare.com/litigious-abogados-update/

http://insidetimeshare.com/litigious-abogados-latest-information/

CLA Logo

Another theme Inside Timeshare published was the on-going woes of Anfi, the first article titled: “The Great ANFI Battle of the Partners”, explained the story of the two partners in the Anfi empire, the Lyngs and the Cazorlas. We then published the story of legal history being made with the very first Supreme Court ruling, this was the case of the Norwegian lady, Mrs Tove Grimsbo and her battle with Anfi. The case was brought on her behalf by Canarian Legal Alliance.

Since that auspicious occasion, Canarian Legal Alliance has gone from strength to strength, securing 36 rulings from the Highest Court in Spain, 29 of these have been against Anfi. Others have been against TasolanPalm Oasis and Holiday Club Puerto Calma, with the ruling against Puerto Calma confirming the Fractional did indeed come under Timeshare Laws. This resulted in around 243,000 Euros being returned to a British client.

There have also been 24 High Court and 21 Local Court rulings against various timeshare companies including Resort Properties / Silverpoint and Club La Costa. Some of these Courts have been in Maspalomas, Arona, Barcelona and Fuengirola. There are approximately 800 live cases in various courts and over 2000 clients. The total claim value is around 80 million Euro, with 117.208.00 Euros reclaimed per month, there are on average 2 to 3 cases per week being heard.

(These figures are what we have on file, there have obviously been more cases, but we have yet to receive an update).

This is certainly an impressive achievement by this law firm, who has in the past suffered from some very negative press instigated by the industry itself. Inside Timeshare congratulates the whole team at Canarian Legal Alliance, including the clients who in some cases have waited years for these results.

Another series of articles have been about MacDonald Resorts and the ongoing battle of Mrs B, now known as Mrs Price. It is a case that has riled us at Inside Timeshare, who are fighting on her behalf. The story revolves around MacDonald Resorts refusal to accept that she no longer owns a timeshare at Dona Lola in Spain, continuing to harass this 87 year old via a debt collecting agency Network Credit Services. This harassment has included threats of court action to recover a debt that is not owed, this case has been referred to the Financial Ombudsman Service. Inside Timeshare will continue to highlight this case until MacDonald Resorts abandon the chase for money. It must also be noted that the RDO, which is the industry trade body has also washed their hands of this company.

In the April article “The Resurrected” a warning was issued about an old company from Fuengirola had come back to life. It is the story of Ramirez and Ramirez, who several years ago were very active in deceiving many timeshare and holiday club members out of thousands for bogus claims. It must be said that very little has been heard of them since.

Mark of excellence

We have also had a few light hearted moments, although they did come with a serious message. In the spoof article “A New Member to EGTBW”, it explained about the trade bodies for the timeshare industry operate. This was extremely fun to write and gave many people a good laugh, the only problem was that it was actually based on fact.

http://insidetimeshare.com/new-member-egtbw/

Back in July we started to publish the ongoing story of the Tauro Beach Project, the fact that irregularities had been uncovered and an investigation had been started by the Guardia Civil Nature Protection Service (SEPRONA). As the story unfolded the Head of The Canarian Coastal Authority had been dismissed and is now awaiting trial for wrong doing in public office and forgery of official documents. Then in August we published the story of the local inhabitants and their homes being flooded, this instigated further investigations which also include the local mayor. The story continues. (search Tauro Beach for further information).

We also teamed up with Irene Parker in the United States, she has provided some valuable information and interesting articles on the world of timeshare across the Great Lake. Below is her latest article.

What Timeshare Owners Can Look forward to:

Timeshare Lawsuits 2017

By Irene Parker,  December 26, 2016

2017

Our Inside Timeshare mission is to offer timeshare owners accurate reporting on both the good and bad aspects of timeshare today. While we admit we bear more to the negative side of timeshare reporting, this thirteen page report from the US Department of Justice listing timeshare scams explains why:

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

The other reason is because the industry is not well regulated. Timeshare owners do not have the level of organization or funds necessary to compete with timeshare developer lobbyists. Lobbyists used to primarily direct their efforts towards influencing lawmakers, but more and more efforts are now being directed towards influencing US Attorneys general:

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

Looking to 2017, we need to look back and reflect on timeshare’s unresolved and continuing legal battles. Timeshare developers, former timeshare sales agents and  solicitors, timeshare owners, federal and state regulators and advocates continue to weigh in on possible changes that will make timesharing more owner friendly and less predatory.

Will the final piece of this legal and regulatory puzzle result in a less aggressive and deceptive industry – or will practices continue unabated and unchecked resulting in more of the same?

round-table

Westgate

Westgate is facing lawsuits in several jurisdictions and a Consumer Financial Protection Bureau Investigation. Allegations include fraudulent and deceptive business practices ranging from high pressure sales tactics, failure to honor timely rescission requests, elder abuse, illegal debt collection practices and impermissible telephone solicitations.” The Capitol Forum June 27, 2016

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.pbyQ8MPbx#.pmA2BeVyM

Colorado Attorney General

Colorado Attorney General Cynthia H. Coffman is suing Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices.

Another US Attorney General Exposes Deceptive Tactics.

Wyndham $20 Million

Former Wyndham sales agent Trish Williams was awarded $20 million for exposing deceptive sales practices. While the amount will probably be reduced on appeal, it sends a message that courts and juries are listening.  http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=0

Hyatt

Candace Czarny and two other former Hyatt timeshare agents would like to see the industry improved. They are in year five of a class action alleging deceptive practice.

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

The Manhattan Club

Attorney Douglass Wasser represents 30 Manhattan Club defendants.

“To my knowledge there has been no dismissal of any Manhattan Club proceeding at this point.  The NY Attorney General investigation is proceeding, and the motion to dismiss a currently pending class action suit has been adjourned to January 5, 2017 for now. Three prior class action suits at the Manhattan Club have been dismissed.  But, at least for the time being, the current class action still survives,” Mr. Wasser reported November 15. 2016

http://www.reuters.com/article/manhattan-club-ruling-idUSL1N18U0DL

Marriott Racketeering

“The Marriott racketeering lawsuit seeks to abolish Marriott’s points program, which attorney said is unique among timeshare companies. It also seeks the return of fees and costs paid by buyers.” Paul Brinkmann reported October 13, 2016 for the The Orlando Sentinel.

 http://www.orlandosentinel.com/business/brinkmann-on-business/os-marriott-timeshare-racketeering-20161013-story.html

Diamond Resorts

A recent class action was filed against Diamond Resorts:

https://topclassactions.com/lawsuit-settlements/lawsuit-news/348667-diamond-resorts-class-action-high-pressure-timeshare-sales-deceptive/

Matt Daniel Finazzo, et al. v. Diamond Resorts International Club Inc., Case No. 5:16-cv-02256, in the U.S. District Court for the Central District of California.

holidays-are-hereI don’t mean to be the Grinchess that stole Christmas, so to end on a positive note,

People are listening!

Charles Thomas and I are hearing from people all over the world who are joining forces to work towards:

  • A legitimate secondary market
  • Less aggressive and deceptive selling
  • Less predatory lending

Thank you from timeshare owners to our regulators and lawyers working to protect us. Human leverage and a clearinghouse of information exchange is the answer.

inside final small

So that is the end of 2016, we hope you will join us in 2017 and also help us to get the news out to others. Without your information many of the articles, particularly on possible scam or bogus companies will not be published. So from the Charles and Irene, we wish you a very happy and prosperous New Year.

happy-new-year

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