Browse Tag

RCI

Silverpoint: The Story Moves On

Silverpoint formerly Resort Properties and now also known as Signallia Marketing Distribution SL is no stranger to these pages, or to many of those readers who have in the past purchased timeshares from them.

Many of these purchasers have also been taken in with the promise of “investment packs”, these are packs of weeks and apartments which were sold with the promise of a substantial return after two years. This return was supposed to have happened with the resale of those weeks, but these never happened, leaving many with huge maintenance fees and even bigger Barclays Partner Finance loans.

The story was always the same, the weeks and apartments that the clients purchased could not be sold as they were not sought after, in order to secure the initial “investment” the clients needed to “upgrade” to better quality apartments which were being sought. This “upgrade” would also be financed with a BPF loan arranged by firstly Resort Properties and then Silverpoint.

At the helm of this enterprise was the Chief Executive Officer Mark Cushway, who is still at the helm, although they insist they no longer sell “timeshare”.

Mark Cushway

A few years ago these “investment” packs were changed to “The Company Participation Scheme”. This is where the clients are then sold “participations” (not shares), in “registered” companies. These are actually apartments that are registered as companies with names like Palm Beach 112, using the names of the resorts along with a number, (possibly the apartment).

Once again like the “investment” weeks the whole point is to dodge the strict timeshare laws, which at first Silverpoint were successful in doing so. They actually fooled the courts in the early days that the purchasers were not buying timeshare but were investing in property. Eventually the Supreme Court ruled that these clients were buying timeshare and were not investors, therefore they had the full protection of the timeshare laws.

Since that first ruling Silverpoint has been on the receiving end of many court cases, almost on a daily basis, with the court’s finding for the clients. This is costing Silverpoint hundreds of thousands of pounds, in the past few weeks alone the courts have ordered they repay around half a million pounds.

One of the continuing themes from our readers emails is how has Cushway got away with this timeshare “scam” for so long?

The simple answer is, he has others in the front line doing his bidding, according to his profiles on the internet, he paints a picture of total respectability.

In Tenerife another associate of Mark Cushway being linked to Silverpoint & Signallia Marketing is called Lee Burton.

Lee Burton

Apparently he is well known in timeshare circles, mainly as a bit of a henchman. He is closely associated with Mark Cushway, as well as others in the industry.

Inside Timeshare has also been informed that this individual is also under investigation for lying to the court under oath, which is known as perjury. A Criminal Denuncia (official police complaint) has also been filed against him on this very matter. He is a person of significant interest to the Guardia Civil, this is a police force that you do not want to get on the wrong side of.

It is believed from our sources that his role is ensure the smooth running of the operation and dealing with any “problems”. Judging by his reputation, a role he is well suited for.

As we were getting this article ready for publication, Inside Timeshare received an email from a very concerned daughter whose 91 year old Mother has these “Company Paticipations”.

It tuns out that she wanted to hand back her membership with Palm Beach Club several years ago, she did not expect any payment, just to hand it back and be free of the burden of the maintenance fees. Well it didn’t quite work out like that. She was told that the only way was to “invest” nearly £30,000 (at the age of 85) in the “Company Participation Scheme”.

It now turns out that she is unable to get back her “investment” as promised, the only way is to sell her “participations” to another holder, this was the advice given by Diana Aitchison one of the senior managers at Silverpoint.   All well and good, the only problem is she is unable to find out who the other “participants” are.

The other question is did an 85 year old lady actually understand what she was getting into, according to Diana she does not think so, somehow we think not as well. So if Diana Aitchison was aware of this why did she not do something about it?

Diana Aitchison is a former Director of Resort Services at RCI (Resorts Condominiums International) and was appointed as Chief Operating Officer at Silverpoint by Mark Cushway in May 2013.

Diana Aitchison

She is now trapped in this scheme and is obviously getting very worried that she has now lost all her money. It would appear from this and other emails Inside Timeshare has received on this subject, that it is the elderly that are being targeted. All are retired, all are being coerced into this scheme and to finance it by going for equity release. Is this they way to conduct business? Inside Timeshare thinks not!

If you have been “sold an Investment” in this scheme, or have had any dealings with Silverpoint and want to know where you stand legally, then get in touch with Inside Timeshare. We will be able to point you in the right direction to get the best advice possible.

Friday’s Letter from America

Welcome to our Friday’s Letter from America, this week Wayne Robinson explains why it is often very difficult to cancel after purchasing a timeshare, but first a quick look at Europe.

Earlier this week it came to our attention that one of the largest tour operators TUI had been advertising weeks at Anfi Emerald for 1000€ p.p.p week, this was for a 1 bed deluxe apartment and included flights, transfers and breakfast. Now when we consider that members have paid thousands for their floating weeks along with the annual maintenance fees, yet we constantly hear from them that there is no availability, it makes you wonder what is going on?

This is not just a problem with Anfi, we have heard from many timeshare members that they are constantly having trouble booking, yet they see their own resorts being advertised on the various booking websites. Is it fair that these people pay thousands for what they are told is exclusive to members and find they can in many cases book cheaper than their maintenance fees, without having to pay the initial purchase extortionate price.

In another twist, mindtimeshare which formerly under the now discredited Alberto Garcia, was funded by the RDO (Resorts Development Organisation), has just published what can only be described as a rebuke of their former paymasters.

It revolves around the liquidation of Enduria Travel, also known as the Travel Shop and was based in Gran Canaria, they were also affiliate members of the RDO. In their article, mindtimeshare explained that they actually expressed concerns to the RDO about this company, but the RDO still accepted their membership. All we can say is how things have changed.

Today is what everyone is calling Black Friday, but at the start of the week it was for Anfi BLACK MONDAY!

Canarian Legal Alliance received on that day alone 12, yes 12 sentences against Anfi in favour of their clients, with over 900,000€ awarded, plus all contracts were declared null and void. They also received another sentence from the High Court in Tenerife against Silverpoint. In all this year CLA have secured over 11 million euros in awarded claims.

Now for this weeks article.

5 Strategies Timeshare Resorts Use To Prevent Cancellations

By Wayne Robinson

Black Friday November 23, 2018

Today is Black Friday in America, celebrated by standing in long lines at shopping malls to be followed by Cyber Monday, when stay at home shoppers shop the internet. I hope you will add my book Everything About Timeshares: Before, During and After the Sale onto your Cyber Monday shopping list.

Available through Barnes and Noble:

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Many timeshare buyers do not even think about the contract they signed until after the rescission period has passed. Given that buyers are often not allowed onto the booking site until after the rescission period, the product the consumer bought is for the most part bought sight unseen and untried. Anything we can do shed light on these important rescission days could save the timeshare buyer untold grief and money, should they come to regret their purchase.

The Rescission Period     

The rescission period is the time allotted by local governments for consumers to review their purchase and legally cancel their timeshare. The length of time varies by state, but is typically three to ten days. In Aruba, and in some American states, there is no rescission period.

If the timeshare buyer cancels their purchase during the rescission period, the government requires timeshare companies to give purchasers a full refund of any monies they have received. There is nothing more frustrating for a sales team than to spend 6-8 hours making a sale that later cancels. Sales agents and their managers will do everything they can to prevent new owners from cancelling their timeshare purchase during the rescission period.

Here are 5 strategies that many timeshare resorts use to prevent new timeshare owners from cancelling during the rescission period.

  1.      Sales agents will avoid the rescission clause that is included in the documents.

Although the rescission clause is clearly written in the documents, many timeshare agents or Legal Verification Officers (VLO) will avoid mentioning this very important item. Many reps will discuss other matters to avoid the clause that outlines the rescission.

The resort’s management will not allow sales reps to mention the rescission period during the sale presentation.  Mentioning it could lead to disciplinary action or being fired.

This is how many timeshare sales reps avoid having their sales cancelled.

Most timeshare buyers will not review the paperwork during the rescission period. After a 6-8 hour grueling sales presentation, the last thing the new owner wants to do is review all the legal jargon included in the documents.  If the rescission period is not mentioned by the staff, too often the buyer is not even aware of it. In some states trial products have no rescission period.

Each state rescission period is listed in this chart provided by ARDA, the American Resort Development Association.  There have been more than a few complaints from timeshare members who were denied release, despite being only a half day late. Instructions on how to rescind are buried deep within the contract, and sometimes instructions are vague.

http://arda.org/uploadedFiles/ARDA/Government_Affairs/Government_Affairs_Call_Out_Boxes/RescissionPeriodsDec2012.pdf

  1.      They will follow-up to overcome Buyer’s Remorse
Photo by Samantha Hurley by Burst

It is important for the timeshare sales staff to keep in touch with their new clients shortly after the sale to prevent them from cancelling.  Most clients will have buyer’s remorse and reconsider their purchase after the buyer has taken the time to think about their purchase, research the company that they just spent $21,000 on (on average), to ensure that they did the right thing. For this reason, sales reps need to be available just in case the client wants to cancel. After all, it might have been a very expensive and unexpected purchase that was sold on emotion

According to a Redweek article, Dr. Amy Gregory, assistant professor at the University of Florida has been studying the impact of buyer regret and remorse and rescission decisions. She says that most timeshare buyers regret their decisions.

A whopping 85 percent of all buyers regret their purchase (for money, fear, confusion, intimidation, distrust and other reasons).”

Dr. Gregory’s findings are as follows:

  • The average rescission rate is 15% – essentially identical to the daily average percentage of people who buy a timeshare following a sales presentation.
  • 85% of all buyers regret their purchase, citing reasons including money, fear, confusion, intimidation, and distrust.
  • 41% of buyers never thought they would regret their purchase but ended up doing so; 30% were neutral prior to buying, but came to regret their decision.
  • 95% of all buyers go back to their resort and sales team for more information after the sale, usually within one to three days, seeking more information about maintenance fees, resale options, and pricing alternatives.

Some sales reps will treat their new owners out for a nice dinner to help “bond the relationship.”  This tactic works well as the new owners are getting to know the sales agent on a personal basis rather than as a sales person.  After all, the salesperson used their own money and time to take the new owners out for dinner. Why would they consider canceling with “their new friend?”

  1.      They will follow-up by phone.

If the new timeshare owners are on vacation some resorts will require the sale staff that made the sale to meet with the new clients the next day, or call them within 24 hours. This is to overcome buyer’s remorse, and to answer any questions or provide clarifications.  Often, the new owners forget the verbiage made during the presentation.

  1.      The resort may reduce the sales price.

If the new timeshare owners decide that they want to cancel, the resort can offer to reduce the price. Often this “second round” rendezvous could require another 2-3 hours of negotiations. Many take the bait and purchase at the lower price, or some keep the original agreement.  Unfortunately, the timeshare company may not change the original rescission period, and the new owners now have less time to reconsider their purchase.

Consumers need to be aware that the “today only” price will always be available the next day, week, month or maybe even years later.

  1.      The resort may offer more gifts.

If the resort offered gifts, there are hundreds or thousands of additional monies that was left on the table because the sale did not exceed their “bottom line” price.

If the new owners want to cancel, the management can offer more gifts to “sweeten the deal.”  These free gifts might include free accommodations, free meals, free activities, free or discounted RCI weeks or other options.

New owners must be aware of the new terms that might have entered the contract.  These terms could include paying rack rates for the free accommodations or paying the highest advertised prices for any gifts just in case they decide to cancel the deal. This action could add into the thousands of dollars if they decide to cancel.

Timeshare resorts will use every strategy that they can, including embarrassment and condescendence to keep the sale, but it’s the consumer’s final decision to end the relationship or move forward. Therefore, it is imperative to read all the documents thoroughly before signing, or present it to an attorney during the rescission period.

Wayne C. Robinson is the author of Everything About Timeshares:  Before, During and After The Sale. He is a former timeshare executive who is advocating with consumers to assist them their timeshares problems, and to help consumers better understand the timeshare business from an “insider’s” perspective.

For more information, visit his website at www.everythingabouttimeshares.com

Related article: About Wayne Robinson

http://insidetimeshare.com/fridays-letter-from-america-21/

Self-help groups we feel are not industry influenced:

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Wayne for your contribution this week, it is certainly an eye opener.

If you have any questions or comments about this or any other article, then Inside Timeshare would love to hear from you. We hope that you have a great weekend and join us again next week.

The Tuesday Slot with Irene

Welcome to The Tuesday Slot, this week we publish another Veterans “Nightmare on Timeshare Street”, with the introduction by Irene Parker. As with many of the other articles published on Inside Timeshare this is a story from the Veterans own personal experience, these stories have become all too familiar with us at Inside Timeshare, not just from Veterans but also serving members of the armed forces and law enforcement. But first some other news.

It looks like Diamond Resort International have yet another legal action filed against them, this was filed by Labaton Sucharow LLP, on 23 July 2018, on behalf of their clients Local 705 International Brotherhood of Teamsters Pension Fund, under the Securities Exchange Act 1934.

Once again this is a Class Action lawsuit, which others who may be affected being invited to join, further details can be obtained from: www.labaton.com. (See link below).

https://globenewswire.com/news-release/2018/07/25/1542302/0/en/Labaton-Sucharow-LLP-Files-Securities-Class-Action-Lawsuit-on-Behalf-of-Diamond-Resorts-International-Inc-Investors.html

There is another new name has come up on the radar, Martinez Notarias with lady called Victoria Holmes contacting consumers who had dealings in the past with our old friends Ramirez and Ramirez. She claims that they can recover along with compensation what the consumer paid, now the worrying aspect is she knows exactly how much was paid, which only leads us to conclude that she is either working with Ramirez or has managed to get hold of all his old records. We actually believe that she is working with Ramirez.

She sends out to those interested Non Spanish residents tax exemption form, which is downloaded from the internet, once the form is completed it then has to be faxed not posted back. There is no website but there is an email [email protected] which is just a normal Gmail free account,  the telephone numbers being used are:

(+34) 603208693 Spanish mobile

Fax: 070 1197 2107 The code 070 is a personal number.

Personal numbers allow a person or businesses to give out a single phone number, then redirect their incoming calls to different locations as and when they choose. 070 numbers can also be used as temporary numbers. For example, somebody selling a car through classified adverts could set up an 070 number to receive enquiries then disable the number after the car has been sold, rather than publishing their real home or mobile number. So this is not a very good sign!

Another new “fake” Procurador has also been flagged, CARLOS RIHOM IGRAIM, with the website:

http://procuradores-igraim.com

The website was only registered on 25 June 2018 so is only just over a month old, yet according to the website they have been established since 1973 and have over 40 years experience. The email they use is [email protected] which again is not linked to the website but is another free email provider such as gmail or yahoo.

The address they give  Calle Yamun 23, Edif. Ifuami, Oficina 328D, Santa Cruz, 38009, Tenerife, when checking this address on google maps, guess what, nothing comes up!

It appears that this “Procurador” is also part of the Legalidades Abogados setup, (Litigious Abogados family). Remember unless you have instigated any legal action, any call to tell you that your timeshare company is about to be taken to court and you will be in for substantial compensation, it is all a lie, they are after your money and that is all.

Now for this weeks article.

Timeshares Affecting the Lives of our Veterans

Another Veteran Family

A Tahiti Village Timeshare Experience

July 31, 2017

Introduction by Irene Parker

Inside Timeshare reached out to Tahiti Village. I talked to a Tahiti reservation agent. He was very nice, explained Consolidated was bankrupt, and that we would need to contact Soleil Management as to their response to this article submitted by a Tahiti owner, who wishes to remain anonymous. The Tahiti agent took my information and said he would forward to Soleil.  We did not hear back.

By a Discouraged Tahiti Village Member

Inside Timeshare can forward comments to this Tahiti member requesting anonymity.

Nevada and the businesses and agencies operating within it have no intention to do anything about timeshare fraud, so I hope the court of public opinion will be more effective. Please Share my article on your Facebooks to let people know about timeshare business practices and to seek answers to questions you should ask before signing any timeshare contract. If you don’t, you may find yourself stuck in a timeshare trap as we are.

I am writing this article to let people know about our Tahiti Village timeshare experience. I hope to warn other people to ask the right questions, so they don’t find themselves saddled with a timeshare they can’t get rid of. We made our last payment December 2017. I last heard from Tahiti Village in April. We have always had good credit, but now, as seniors, we face foreclosure.

I retired from a ATT & T, so I understand customer service. Our experience with Tahiti customer service has been disappointing. When I wrote good comment cards, Tahiti would respond, but when I submitted our concerns, Tahiti ignored those comments.  

When searching the internet, I found this email address from a member seeking other members who wish to pursue a class action lawsuit against Tahiti Village:  [email protected]

https://www.ripoffreport.com/reports/tahiti-village-scam/las-vegas-nevada-89119/tahiti-village-scam-shannon-deceptive-sales-lies-and-misrepresentation-of-facts-l-1432118

Tahiti Village has a Better Business Rating of A+ despite two of two negative reviews.

https://www.bbb.org/southern-nevada/business-reviews/resort/tahiti-village-vacation-club-in-las-vegas-nv-77371/reviews-and-complaints?section=reviews&reviewtype=negative

We have been Tahiti Village timeshare members since 2008. We enjoyed our Tahiti experience for several years until 2015 when we were steamrolled into purchasing an upgrade. By 2012, things had changed. Once when we checked in, we discovered our unit was nasty, the carpets were worn, the couches ripped. One year there was a bad smell in the master room. They just sprayed deodorizer, which did not help. The next year the microwave did not work. As we were checking out they brought the microwave. This is what our maintenance fees are supposed to cover.

Pressure to upgrade ensued. After one presentation, we felt like we had been held hostage after a four hour sales. We ended up upgrading from a fixed to a floating week with RCI. Since then, many things have happened that have turned what was a bearable irritation into an unbearable nightmare. In addition to seeing the fees rise, we now realize we were pressured into purchasing a timeshare product that we never really wanted in the first place. It is a timeshare product not worthy of what we are paying.

My husband, a Navy veteran, served his country for 20 years. Our Armed Forces Vacation Club benefits far exceed this timeshare. We paid Tahiti our hard-earned money for a product that has never lived up to its billing and has been a source of much stress.

As we explored ways of getting rid of our timeshare, it became apparent that many things we were told were not true, including

  1.    The timeshare is an investment that would appreciate in value,
  2.    We would be entitled to tax breaks,
  3.    We could rent the timeshare to pay maintenance fees,
  4.    The timeshare would be easy to resell, assisted by Tahiti.

So, after 10 years of paying for a timeshare that we were told would appreciate in value, could be rented and could be sold for a profit, we are left disappointed and angry. You can sell a house, even with a mortgage, but it seems there is no way out of a timeshare trap.

At times I stayed at Tahiti without my husband. If he was not with me I was treated markedly poorer. I felt that this is because they would always try to upgrade us if we were staying there together. When my husband was not with me, the customer service was worse, and the rooms were of a lesser quality. If we had a problem, even when staying together, reception would tell us they would look into our concern without ever doing so. One time,I asked for a first floor room because my daughter was on crutches and we ended up with the furthest room on the fifth floor. It seemed the only time we were treated with respect was when they wanted more money. This has been a source of irritation through the years, but not enough to warrant action.

When I wrote directly to Tahiti Village Resort asking to be released from this timeshare, I received no reply. I wrote to Soleil Management. They told me that they were not responsible for any misrepresentations that may have happened at the presentations because they were carried out by Tahiti Village Resort and they were merely the managing agent. Tahiti Village Vacation Club also said they were not responsible for any wrongdoing.

I wrote to ASNY, who claimed to be the developer and seller of the resort, as well as the managing agent for Tahiti Village Vacation Club. They said they were not responsible for any complaints about the quality of our stay and we should contact Soleil Management. They then proceeded to give me the usual spiel about how I signed the contract and they were innocent of any wrongdoing perpetrated by the sales staff. They also said that because we had been customers for 10 years, we had no case so would no longer correspond with us. (Inside Timeshare comment: Where have we heard this before?)

According to Ripoff Report, Tahiti is also known as Consolidated Resorts but have learned Consolidated filed for bankruptcy protection:

https://www.ripoffreport.com/reports/tahiti-village-consolidated-resorts-soleil-llc/las-vegas-california-89145/tahiti-village-consolidated-resorts-soleil-llc-tahiti-village-soleil-management-awsuit-479999

Why is the length of time we owned the timeshare be relevant if we always believed our timeshare was an investment that could be sold if need be? It wasn’t until we wanted to get rid of the timeshare did we learn we had been lied to. If you are in a dead-end relationship and your partner decides to go one step further and punch you in the face after 10 years, should you have no recourse?

So far, we have filed a complaint with the BBB and had our complaint dismissed before any real dialog took place. The Nevada AG referred us to the Real Estate Division. We filed with the Real Estate Division, who said they could not help.

In my opinion, Nevada, and the businesses and agencies operating within it, have no intention to do anything about this so I’m hoping the court of public opinion will be more effective. Please share my article on Facebook to let people know about our Tahiti Village experience and to warn potential buyers to do their homework before buying any timeshare.

Comments from Irene

The public, especially the military, need to be aware that a decision to sign a timeshare contract means signing a contract in perpetuity, often with no secondary market. Maintenance fees have a tendency to increase, so the timeshare can easily become cost prohibitive, even when there is no loan outstanding. Attorneys General investigations and settlements are appreciated, but seem to be only financial speed bumps in the life of a timeshare company. There has been no federal enforcement.

When a timeshare has little to no secondary market, even if you spend $100,000 or more, there is a good chance you might not be able to sell it or even give it back. Scams abound, promising to get you out of your timeshare or your money back. A few of these companies are legitimate, but several readers have reported they did not receive their money back, even when the timeshare returned to the developer due to foreclosure.    

Inside Timeshare has received timeshare complaints from 63 active duty and retired military and law enforcement personnel. Some of the active duty members are concerned about losing their security clearance due to timeshare foreclosure.   

Whistleblowers of America is an organization dedicated to seeking justice for veterans and Active Duty military. WoA presented a Timeshare Advocacy Group™ report to a Joint Committee on Veterans Affairs March 14, 2018. We hope lawmakers will wake up and do something about this. If a timeshare member is helped by our efforts, we encourage a donation to Whistleblowers of America.

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, Washington, D,C.

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group™ which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Thank you to our Veteran for their story, they also wished to remain anonymous, also thanks to Irene for the hard work you put in to edit and write the introductions for many of these articles. In Friday’s Letter from America we will be publishing the Better Business Bureau Timeshare Report, which also has some very interesting recommendations to the industry.

If you have any questions, comments or even would like to have your experiences shared with others, then contact Inside Timeshare using our contact page.

Have you been cold called by a company offering any service from resale, claims or relinquishment, or even found one on the internet and want to know if they are genuine, then use our contact page and Inside Timeshare will point you in the right direction.

Remember doing you due diligence and homework will save you your hard earned cash.

Friday’s Letter from America

In this week’s Letter from America we welcome the first article from Ken Silva, with his Nightmare on Timeshare Street story. This is also made more complicated due to the involvement of Barclays, as this is considered as a separate agreement to the timeshare. But first we look at the news from Europe.

It has now been confirmed that the enterprises owned by Mark Rowe, are being investigated by South West Police, this follows the report at the beginning of January of the raids conducted by Trading Standards at several premises used by these companies. This followed after an investigation by the “Scambuster Team”.

The Police are contacting clients who either have lodged complaints with Trading Standards and the Police in the past, or from records seized in the raids. If you have had any dealings with any of his companies (a full list can be found at the link below), then contact:

South West Police ROCU. DC 4624 Katie Andrews. PO Box 37, Valley Rd, Portishead,Bristol. BS20 8QJ

Police ROCU UK

http://insidetimeshare.com/monster-credits-associated-companies-summary/

Could this now be the end to the Mark Rowe Enterprises?

If we thought that things could not get any stranger in the world of timeshare, then you would be wrong.

Silverpoint based in Tenerife and headed by Mark Cushway, have not only closed their sales decks.

For now on with today’s Letter from America.

A Warning to Anyone Thinking About Buying a Timeshare

Our Diamond Resorts International nightmare

Fri Doh!

By Ken Silva

February 2, 2018

Timeshare Consumers, take my advice and do due diligence before buying a timeshare.

Protect your family. Do not get your family into the mess we are in. Do your research. There’s a reason there are so many timeshare members on Facebook and websites seeking to dump their timeshares. I’m sure there are sales agents selling the product honestly, but you decide about our sales agent after reading what happened to us. All you have to do to prove we are telling the truth is to get on our booking site and try to find a vacation based on what we were sold.

Attorneys General, please, do not dismiss our experience. We are fighting to get our money back, as we still owe $10,000 on a Diamond Resorts Barclaycard credit card. We hope to escape the “ironclad” STAY VACATIONED contract.  

Here’s what happened

saleman

In May of 2016 my wife and I purchased a Diamond Resorts International (DRI) Sampler (trial) package for $2,995 in Las Vegas.

Using our Sampler points we booked a stay at Diamond’s Ka’anapali Resort. We purchased 2,500 Hawaii Collection Diamond points for $13,000. Our sales agent was Karen Cossettee. Ms. Cossette told us we would be able to book one to three weeks of vacation anywhere. Our son Jacob, age 3, has a serious medical condition so we need to vacation close to home as we have to be near medical facilities. We had to cut both our Hawaii and Las Vegas trip short because our son experienced a medical emergency back home.

After we returned home, we got on the booking site, but found no locations meeting our requirements. About the only bookings you can get with 2,500 points are for places like Branson Missouri or Gatlinburg, maybe a one bedroom in Orlando. It is impossible to stay one to three weeks in a one bedroom in California near a major medical facility.  

Jacob has cerebral palsy. He has been diagnosed failure to thrive and is on a feeding tube. He requires 24/7 care and he is a case study at Stanford University Medical School. We cannot fly because of his condition. We booked Tahoe recently, but cancelled that trip because even Tahoe is too far.  

Using our Sampler points requires a sales presentation, so we booked a trip to

Las Vegas November, 2017. We stayed at DRI’s Cancun resort. There the Diamond sales agent, Davia Hunsicker said, “Hawaii lied to you! You can’t go anywhere on 2,500 points.” We were told Hawaii Collection points are expected to be slammed with assessments and 10-14% increases in maintenance fees because Hawaii is so expensive and subject to weather damages. However, in Hawaii they told us maintenance fees increase only 6%. They went on to explain that Hawaii was going to have a $1,000 plus assessment for damage to shores.  Ms. Hunsicker told us U S Collection maintenance fees increase only 2% on average.   

The Vegas agents told us the only way out of this situation was to move our Hawaii points to the US Collection and to do that we had to buy 4,500 points for $18,000 to own 7,000 U S Collection.

Like in Hawaii, we were shown several places we could stay that met Jacob’s needs. Again, when allowed on our booking site (again after the rescission period), it was a different inventory. I called DRI and reached a Platinum agent who said, “I’m with the Platinum desk. I can pull strings.” She found a desirable option, Pacific Grove in California. This was one of the locations we were shown in Vegas, only in our inventory it would require 22,000 points.

Timeshare companies can dodge the rescission period by not allowing access to the booking site until after the rescission period. In our case, I tried to log on two days after signing but was told my account was in escrow. The rescind period is seven to ten days, but it takes nearly 30 days before you can access the booking site.

DRI sales agents are so good at having all the answers and they will promise you the moon. Ms. Hunsicker also said we could get an extra 8500 “ghost” points that would upgrade us to Silver by saying we owned an RCI week. She instructed us to just nod to the QA person when they ask about RCI and we would be able to get the extra points, but not to say she told us because, “You might get me fired if they find out, but that way you’ll get another 8500 points.” She advised us to purchase an RCI week at Sam’s Club for $500 – $600 and then trade it in to Diamond for 8,500 points. She said with Silver benefits we could have food stocked and luggage forwarded. This was a tremendous benefit because of Jacob’s needs. However, when I read about these benefits the luggage benefit costs additional funds and the food service was not available at the Silver level.  

We asked about what would happen if we could no longer use the points and were told DRI will work something out and were informed DRI has a website where you can sell points. DRI points are virtually worthless on the secondary market.

We would have rescinded our contract immediately if I had been able to see that we could not use our points as promised. Diamond salespeople will offer their cell and promise to be available and act like they genuinely care about you (like ours did concerning Jacob), but then disappear after a few days of friendly texts.

I work for a faith based non-profit. We teach anti-bullying and leadership skills. Our credit score is over 800. I am 33 years old and my wife is 31, caring for our son’s severe medical issues. To think that timeshare companies allow these practices and hides behind the fine print is astonishing.

I published a review on Trust Pilot.

Reply from Diamond Resorts International

Published Monday, January 15, 2018

We regret to hear of your experience as we are known in being forthright and delivering top notch service. Please email us at [email protected] for further assistance.

My response to Diamond’s response

Edit: Diamond Resorts reached out, as seen below, however, they have not responded to my email to them as of 1/25/18. Also, they are not known for their top notch service. In fact, look on Facebook for the various groups of people who are in positions like mine, or the many other reviews on Trust Pilot. It often takes DRI 45 or more days to get back to you and many are ignored. When you call customer service, they tell you there’s not much they can do to help.

If Diamond was forthright and delivering top notch service, they would refund victims their money. I’m glad I have a background in Social Justice and Social Media.

I hope our pain will save others.

Notes from Irene

Since Ken submitted this article a week ago, Inside Timeshare received five more complaints directed against this same sales center, one against the same agent Ken complained about.  Especially in California, there have been complaints from Monarch owners of deeded weeks, coerced into giving up their deed and buy points, only to find out they did not have access to the week they had used and enjoyed for years.

http://www.monarchowner.com/p/opt-out.html

https://monarch-grand-vacations.pissedconsumer.com/lawsuit-against-monarch-grand-and-diamond-resorts-20150428628300.html

All timeshare resorts have non-member inventory that always guarantee non-members can spend the money but members often cannot find availability. Diamond is not the only resort with complaints like this. New York Attorney General Eric Schneiderman settled with The Manhattan Club for $6.5 million. Clearly, there is a problem industry wide.

https://ag.ny.gov/press-release/ag-schneiderman-announces-65-million-settlement-midtown-manhattan-timeshare-scammed

Timeshare deception and “bait and switch” is not a practice limited to Diamond, but in the case of DRI, licensed resale brokers will not even accept a Diamond listing. It’s bad enough if you can sell a timeshare if you were lied to, (often a timeshare is worth only pennies on the dollar), but with Diamond it is worse because it has been widely reported Diamond has virtually no secondary market. Try calling some of the members of the Licensed Timeshare Resale Brokers Association and see what they have to say.

http://www.licensedtimeshareresalebrokers.org/

ethics scale

We really do hope timeshare developers will work with us to stop predatory timeshare sales.

Thank you Ken and Irene for today’s article, it is with these stories that everyone becomes aware of what is happening, including the developers. Let us hope that they take note and start to change how they operate.

Inside Timeshare has just been informed from one of our German readers that Marriott is sending out emails to clients with the following statement (part of email translated from German):

An important commentary has been published in the press regarding letting restrictions on tourists (especially in the Balearics and in Catalonia) in 2017.
We would like to point out that MVCI Management, S.L. the only licensed company that has the right to rent properties in MVCI Resorts in Spain for themselves or their owners.
Weekly owners who rent their time-share weeks either by themselves or through third parties face fines of up to € 400,000.
Due to the complex nature of the legislation in question in Spain, we recommend that you obtain legal advice on your individual circumstances before renting your weeks outside the MVCI rental program.
If you have any questions, please do not hesitate to call us or send an e-mail to [email protected]com.
Best regards,
Marriott Vacation Club
We will obviously bring you more on this as we get more information as and when we get it.

If you have any questions or require any information on this or any other article published, contact Inside Timeshare, we will be pleased to help and point you in the right direction.

So that is it for another week, Friday is upon us and the weekend beckons, have a good one.

friday-again

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 with Irene

Welcome to another Tuesday Slot with Irene, this weeks article is the first of a series which will cover some useful tips on how and who to file a complaint with, but as usual a quick look at Europe.

beware

Yesterday Inside Timeshare published an article about Worldwide Timeshares Unlimited based in Lowestoft Suffolk, with the website

https://www.timeshares-unlimited.com/

Registered to the “infamous” Antoni “Toni” Muldoon.

On the website they show 4 logo’s, RDO, RCI, Expectations Holidays and Canarian Legal Alliance, according to the website they claim to work closely with CLA, even having “cut & paste” copies directly from the CLA news section.

Inside Timeshare has had confirmation from the RDO, Expectations Holidays and Canarian Legal Alliance that they have no knowledge or ties with the said company or website. RCI have also been informed, but as yet no reply has been received, but it is safe to assume that they have not given any permission for their logo to be used.

This just goes to show that you cannot believe what you see or read on the internet, just because a website shows a logo or states they work closely with a company or organisation that it is true. Always do your homework, check any company fully before engaging in business, check that their claims to work with or are affiliated with others is genuine.

It would also appear that Anfi is once again on the offensive, this time they have been sending out emails to UK members regarding a recent BBC TV program Rip Off Britain. In this program they travelled to Tenerife to investigate a “fake” law firm, one that Inside Timeshare has been investigating and reporting about for the past 2 years.

Although this is laudable, it is the tone of the email that is the problem, rather than actually naming the “fake” law firm, it has been left open and vague, giving the impression that all law firms dealing with timeshare claims are not genuine.

It is obvious from past emails from the CEO José Luis Trujillo, that the aim is to discredit the Arguineguin law firm Canarian Legal Alliance. These lawyers have been instrumental in securing 84 Supreme Court rulings against various timeshare companies, with 39 against Anfi alone.

On the point of the “fake” law firm in Tenerife, Inside Timeshare was asked to provide CLA with any evidence it possessed, to augment their own, as some of their clients had been contacted by this Tenerife outfit. Our evidence along with that from CLA was then handed to the Guardia Civil along with a denuncia, this is now under investigation.

It has also been a little quiet at the courts so far with only one sentence being reported, once again Anfi are the culprits.

The Court of First Instance in Maspalomas declared another Anfi members contract null and void, ordering that over 55,000€ which also includes a double deposit be returned to the client, the court also awarded legal interest.

It does make you wonder who is telling the truth, Inside Timeshare leaves you the reader to decide based on the evidence presented.

truth meter

Now on with this weeks article from Irene Parker.

Timeshare Tips

Due to an Escalation in Volume and Criminal Nature of Complaints

White collar

By Irene Parker

January 28, 2018

IT Timeshare Tips #1

Inside Timeshare has received an astonishing number of reader complaints. Since January 1, 38 timeshare members have contacted us. Since we began counting late 2016, 291 complaints. The majority voice allegations that clearly meet the FBI definition of white-collar crime, Financial Institution Fraud.

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

Timeshare members should only contact the FBI if the allegations are of a serious nature. For example, “They promised me a cruise, but when I went to book it, it cost $1,000” is not a serious enough allegation. A free cruise that turns out not to be free is a frequent complaint, but would be best reported to the Better Business Bureau in the form or a complaint or a review.

Here is an example of a complaint that has been reported to the FBI and to BBB:

We were sold vacation points fraudulently by XXX sales agent SXXX MXXX Jan 2017 at GBO Resort. We went to a sales presentation. We met with sales agent S M, and told him our biggest complaint was the maintenance fees. Mr. M told us if we bought 3000 more points, to get to 5000 points, we would become Highest Loyalty Level members and we would be able to sell back points to pay maintenance fees at $.50 per point.

Criminal Complaint #1: The Highest Loyalty Level requires 50,000 points

Criminal Complaint #2: There is no program to sell back points to pay maintenance fees

He said, “You do this at the end of the year”

Criminal Complaint #3: By telling the victim to wait until the end of the year, and by not allowing access to the booking site until after the contract rescission period, the agent and/or company can dodge the rescission period.

He said this would be enough to pay all our maintenance fees.

This was what really sold us on the program.

Mr. M also said beginning in January of 2018 there would be a “cash out” option where XXX Timeshare Company would offer to buy our timeshare if we were not happy, we would probably take a loss, but we would be free and clear.

Criminal Complaint #4: There is no buy-back program

Thank you for using the Better Business Bureau’s Online Complaint System.

busted

As this is an active complaint, we will not publish the name of the timeshare member, the timeshare company, or the sales agent, to give the company a chance to make this victim whole again.

Most importantly, do not respond to anyone who private messages you, calls or emails offering to help you get out of your timeshare. Contact Inside Timeshare or your Facebook admin if you are contacted. Teams have been established to gather information to make a determination as to whether the company is legit. Most are not.

There is no federal enforcement other than timeshare advocacy groups. State enforcement is spotty at best. Contact Inside Timeshare or one of these U S advocacy groups we know not to be industry influenced.

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

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you to Irene and all those who proofread and edit the drafts, this article should prove to be very helpful to many of our US readers.

If you require any information about this or any article published, or just need help to decide who to trust and how to check them out, contact Inside Timeshare and we will point you in the right direction.

Remember to do your homework and stay safe.

calm homework

Start the Week: Important Consumer Warning

In May 2016, Inside Timeshare published a story about one of the most “Infamous” operators in the timeshare “Resale Scam” industry, Toni Muldoon.

Muldoon operated on the Costa del Sol for years with a number of companies mainly in the timeshare resales sector. One of these was Platinum Properties, which I have personal experience of, as this was the company which introduced myself to the murky world of timeshare.

toni muldoon

He was eventually jailed for 2 years by the Spanish authorities, this was eventually suspended, he was also ordered to repay the paltry sum of around £438,000. Whether this was paid no one knows.

Muldoon then ended up in the UK, operating in Suffolk, he set up an “Escort agency” fleecing girls to join. They apparently never got any work, around 14,000 fell for this scam.

At the same time he was operating a “debt” elimination scam, which for an upfront fee of around £2,000, with upwards of 3,000 people falling for it. According to Trading Standards around 92% of these never received any service whatsoever.

He was again investigated and charged and in 2013 he received a 7 and a half year prison term, with the order to return over £750,000 being given 6 months to pay or face a further 4 years.

Muldoon was due for release with parole at the end of 2016, so that now brings us to a very disturbing fact, it looks like he is back to his old ways.

 

Another company has just come to our attention, Worldwide Timeshares Unlimited, with the  website:

https://www.timeshares-unlimited.com

This website was registered on 19 February 2016 to Antoni Muldoon with an address in Croydon. So it would seem that this scheme was being hatched even before his release from jail.

There are no entries at Company House for either of the two names and the director check for Antoni Muldoon only brings up a defunct entry for a previous company.

The address for Worldwide Timeshares Unlimited is

11 Cornerways

12 Kensington Road

Lowerstoft

Suffolk

NR33 0HY 

 cbk

(The Spelling of Lowestoft in the address is not our spelling, that is taken directly from the website).

Telephone numbers are:

Buyers:       UK: 01502534622

Mon – Fri 9.30 – 20:00

Sellers :       UK: 07716737960

Mon – Fri 09:30 – 18:00

All other Enquiries :  UK: 07495309393

The websites home page starts with “Welcome to Worldwide Timeshares  Unlimited®- Europe’s leading timeshare resale company.”

So the main focus of the business is sales and resale, the worrying aspect is they show the Logos for the RDO, Canarian Legal Alliance, RCI and Expectations Holidays, which is a new RCI points club from Worldwide Timeshare Hypermarket.

According to the About Us section they state: “We work closely with Canarian Legal Alliance, Canarian Legal Alliance is a new innovative law firm which provides a comprehensive range of services to international clients wishing to pursue legal disputes in Spain.”

CLA Logo

The website also has a section dedicated to Canarian Legal Alliance, this is made up of  exact copies (cut and paste) of the entries that CLA have on their News section on their own website.

This only leads us to believe the sales and resale side is just a ruse to try and “cash in” on the growing claims market.

Inside Timeshare has spoken with Canarian Legal Alliance and they have stated they have no knowledge of this company and are most definitely not working with them. They have not given permission for their logo, news items or name to be used.

So if this is the case with CLA, what about the use of the logos for RDO, RCI and Expectaions Holidays, we can only assume at this point they also have not given any permission to use them. As for the RDO, they have been contacted and we are waiting a response. One thing is certain, unless you are a member of the RDO then no permission will have been given to use it.

Inside Timeshare warns all our readers to always check the validity of any company they intend to deal with, if they claim they are working with another firm especially a law firm check that fact as well.

If you have had any contact with or from this new “Muldoon” enterprise contact Inside Timeshare with your story. It will help to warn others.

Below are links to the original article and news items surrounding Toni Muldoon and his exploits:

http://insidetimeshare.com/toni-muldoon-duping-innocent/#more-545

http://www.thisismoney.co.uk/money/article-1387056/Timeshare-crookToni-Muldoon-pleads-guilty.html

https://www.mirror.co.uk/news/uk-news/bogus-dating-agency-gang-finally-2060931

http://www.bbc.com/news/uk-england-suffolk-30554942

homework

Since publishing the RDO have confirmed that the use of their logo is illegal as no permission has been given.

 

The Natives are Restless!

Here we are the start of the year, maintenance fees have been paid and the complaints from Anfi members are already on the discussion forums. What are these complaints about?

Very simple, availability.

For those with Floating Weeks they don’t seem to be able to book the times they want, even though they are trying to book at least 10 months in advance. Makes you wonder what they have paid for!

One poster has stated they have been trying to book for October, November or December and require 2 weeks, nothing available, fully booked.

Another comment actually says it all.

“What’s the point of having a week at Anfi when you can’t book anything as it’s already booked up?”

One owner of around 17 years has had the same problem since they changed from a fixed week to the floating system, they are now so fed up that they are not getting what they want, they want out.

So what is the problem, why are these people unable to get the dates they require?

Simply put, it is the floating weeks and points systems, with the original fixed week, fixed apartment system you were guaranteed the holiday at the time you originally chose. You could exchange your week for a different one by using the internal exchange system or even using one of the major exchange companies such as RCI, Interval International or Dial an Exchange.

The resort could only sell 51 weeks of each apartment, so that put a cap on the number of owners / members. With the floating weeks and points systems you become a member of a vacation club, with a limitless number of members, or more members than apartments and weeks available. Hence no availability.

This is the main reason the Supreme Court has ruled that these systems of floating weeks and points are illegal, there is no substance or guarantee of getting what you have paid for or been promised. Yet you are still obliged to pay each and every years maintenance fees!

These are just comments made on public forums, you just have to wonder what the complaints are like on the closed groups.

https://www.facebook.com/search/top/?q=anfi%20del%20mar%20public%20group

https://www.facebook.com/groups/2366863977/permalink/10155571590663978/

https://www.facebook.com/groups/2366863977/permalink/10155573707503978/

Have you had problems such as this, whether at Anfi or any other resort that uses the floating weeks or points system, if so Inside Timeshare would like to hear from you.

If you require any information or advice on any of the articles published then contact Inside Timeshare and we will point you in the right direction.

 

Start the Week

Welcome to the first article of the new week, over the weekend the debate on Los Claveles has seen the opposing views getting rather heated and personal.

One reader who is an owner at Los Claveles has sent in the following response to the article published on 30 November. Inside Timeshare has agreed not to publish the writer’s name and abide by his wishes.

His response is well written, it lays out his view on the situation in a clear and precise manner, giving a very good opposing argument.

Response to The Opposition View

The “Press Release” submitted by Mr Barrow, who is a director of the WimPen Holding Company at Las Casitas and has a long term family association with Mr Pengelly, is deeply flawed and highly questionable regarding the title “Los Claveles Club” which is a misrepresentation of the Official “Club Los Claveles” as defined in the Club Constitution. It takes no account of the unique ownership structure, governance and committee-led stewardship of the resort over many years that has resulted in the resort being financially strong, in sharp contrast to other former WimPen resorts. Without going into all the details, Mr Pengelly’s handling of the sale of the Los Claveles management contract to Onagrup is widely recognised as having been lacking in judgement and consideration for the owners, and disrespectful to their elected representatives in the weeks following the sale. Since then, Mr Pengelly has presided over flagrant abuses of statutes and constitutional frameworks  governing the community of owners at Los Claveles; disregarded a petition calling for his resignation and a vote of no confidence in him at the 2016 Escritura Community AGM, which he refused to accept (as a result of which ALL the owners left the room, except for 3 owner couples, calling the meeting illegal). In addition Mr. Pengelly has practised non-compliance with arbitration orders and awards; turned a blind eye to the physical assault of the Club President and intimidation of Club Members by an Onagrup employee; condoned false accusations of fraud being made by Onagrup to the Spanish Police against the Club President and Chairman; and allowed the unlawful sacking of long term staff members. As a result, his once decent reputation in the timeshare industry is now in tatters.

For the record, the notice of termination given to WimPen for Club Los Claveles on 31 March 2015 was not a “knee jerk reaction” as described by Mr Barrow but a considered decision precipitated by the arrogant attitude of Onagrup to the Club Committee and a flagrant disregard of the Club Constitution regarding rental policy.  It was a unanimous decision by elected committee members in response to the representations made to them by hundreds of concerned owners in the 2 months following the sale to Onagrup, and was also supported by the Escritura owners’ representative. Mr Barrow’s representation of this decision being based on the Club Chairman’s casting vote is wildly inaccurate and misleading. The notice of termination made provision for Club Members to have the final say at the subsequent AGM in June 2015. This was heavily influenced by the contribution of one single owner, a commercial lawyer by profession. He raised such fears in the minds of those attending that they would become personably liable for damages in a breach-of- contract claim from Onagrup that many changed their mind and voted not to risk that eventuality. Otherwise, the vote would have been much more conclusive in favour of the termination. This same owner subsequently changed his views and has since given his support to the committee. Regardless of this the view of Onagrup that it still held the management contract for the resort only came about because it combined the votes of both Club and Escritura owners despite the vote being taken separately. .

The issue here is not with the committee, as Mr Barrow would have owners believe. It is with WimPen, Onagrup and a minority of owners that he is now representing who are not prepared to accept the democratic constitutional process of governance of the resort. They refuse to accept that every effort was made by the Club Chairman to negotiate with Onagrup. even going to the lengths of travelling to Barcelona to meet with Onagrup senior management, prior to the members democratically voting at the SGM of January 2016 to take the dispute to arbitration because Onagrup would not agree to abide by the Club Constitution.

The situation now is that WimPen, i.e. Onagrup, is appealing the arbitration.  And much like Mr Barrow and the self-elected members of the protest action group he is leading, WimPen has taken it upon itself to illegally carry on managing Club Los Claveles without a contract which expired on 2 May 2017, claiming that it has a right to do so while the appeal is being heard. This is not so. Meanwhile, the Club Constitution is being completely disregarded by both Mr Barrow and WimPen in advocating that members should pay their maintenance fees to an illegal agent who has no contract to manage Club Los Claveles. This same agent is sending threatening letters to members who have followed the Constitution and paid their maintenance fees to the Club, refusing access to their accommodation until they pay again and blocking RCI members’ exchanges.

Marilyn Fry, who has a close, long term tie with Mr Pengelly and family, also seeks to mislead by failing to explain that owners who do not follow the Club Constitution and deliberately pay their maintenance fee to WimPen automatically place themselves in conflict with the rules governing their membership of the Club and risk being suspended. However, the Club Chairman has simply reminded the tiny minority who have taken this course of action that they are in breach of the Constitution, that they have an outstanding debt to the Club and that they have therefore placed their membership of the Club at risk. A similar tiny minority have placed themselves in the position of paying their maintenance fee twice, i.e. once to the Club and a second time to WimPen simply because they took it upon themselves not to follow the committee’s instructions, or its process for overcoming WimPen’s illegal demands for gaining access to their Los Claveles accommodation.

Equally misleading is her statement about secrecy and censorship. The committee is bound by the rules of arbitration and is therefore restricted in what it can and cannot communicate to Club Members. No member has been banned from the owners’ website, and the normal rules of moderation apply to Los Claveles social media groups. A tiny number have been suspended for failing to comply with these rules.

The solution that is supported by 90% of the 971 members of Club Los Claveles who voted at the 2017 AGM, a record high number, is for WimPen to abide by the Club Constitution and Arbitration orders and awards, and to withdraw from the management of the Club, along with the Trustee FNTC, a company that was dismissed in 2012 but also refuses to go. This will allow the members to regain control of the Club, appoint their chosen Administrator, Trustee and management service providers, and restore the loyal staff who were wrongfully dismissed under Mr Pengelly’s watch. Only then will the resort return to peaceful normality, and continued prosperity and enjoyment for the owners.

As this article was being prepared for publication, Roger Barrow sent in the following, Inside Timeshare publishes this in order to try and keep a neutral and balanced stance.

LAS CASITAS AGM:

Dear Charles

Its a good news story for those Los Claveles owners who are interested and remember the days of happy AGMs where owners have full control, with healthy, friendly debate and a great get-together in the bar the evening before.

  1. Administrators report – Approved
  2. Accounts for year to Aug 2017 – Approved
  3. Budget and proposed 3% increase in fees ( first increase for 3 years)  – Approved
  4. President re-elected
  5. Reintroduction of Owners’ Representative – Approved
  6. Appointment of Wimpen for a further 3 years – Approved
  7. Bar Franchise offered further 3 year contract – Approved
  8. Charges for more than one WiFi connection – Approved
  9. Acceleration of upgrade of Lounge/Dining room – Approved
  10. Replacement of baths with walk in shower – Approved

Four different resorts approved new 3 year contracts for Wimpen at AGMs this weekend

Regards

Roger Barrow

As you can see, there does seem to be a very wide difference of opinion between the other resorts as well as the differing opinions at Los Claveles. Inside Timeshare will continue to publish articles showing the opposing views, especially those with a clear and precise argument.

As we were preparing for publication, the following news came in from Madrid:

The Supreme Court has once again ruled in favour of a former UK client of Silverpoint, this court has once again ruled as per their previous judgements.

In this case the court has awarded back over £45,000 plus legal fees and interest, also declaring the contract null and void. This is the 77th ruling made by Spain’s highest court and leaves no doubt that the interpretation of law 42/98 is correct.

If you need any help or advice on any timeshare related matter, Inside Timeshare is here to provide it. Contact Inside Timeshare and we will point you in the right direction.

Los Claveles: Chairmans Update

Welcome to the start of the week, back in August we published an update on the goings on at Los Claveles in Tenerife, it was announced that the arbitration process had completed and the judgement was in total favour of the owners and the owners committee. The judgement ruled that the owners committee was legally constituted and has all the rights to run the resort.

Well it would seem that WimPen have not taken any notice, they continue to refuse to allow members onto the resort unless they pay THEM the maintenance fees. They are also sending out threatening letters to the members of the Club stating that they will be suspended if they do not pay. The Chairman Albert Fletcher and the President Carol Parkinson are still being denied access to the resort, even though they have a legal right.

It must also be remembered that WimPen’s contract as the managing company was ended on 3 May 2017, yet they still behave as though they have the contract.

los claveles logo

WimPen have lodged an appeal with the Court of Sessions in Scotland (equivalent to the English High Court). WimPen argue that the Arbitrator is wrong in law coming to the conclusion he did. WimPen maintain that the Club does not have a legitimate Committee so WimPen can not be challenged.

This case will be heard as a “Priority” due to the rules regarding an Arbitration Appeal, hopefully a decision from the judge will be made on how this is to proceed. Also, it has to be said that WimPen have not yet been given permission to appeal, before a full hearing can take place this must happen.

The Club has also instigated a court case in Scotland against FNTC for failing to transfer all documents to Hutchinson as directed in 2012. This followed the Clubs decision to terminate the contract with FNTC as the Clubs Trust Company. We wait to hear when this will take place.

The Chairman, has also made contact with RCI, it looks like RCI has agreed to convene a meeting of all parties at the RCI Headquarters in Kettering. The Club Chairman has agreed and that the Club confirmed it would participate.

This certainly looks like it is the industry just bullying the owners, from what we have seen, the Club has gone out of its way to do things by the book. There is still a long way to go in this sorry tale, these have been long standing and loyal owners of the resort, the way they are being treated is downright despicable.

For the Club Chairman’s full update see the pdf link below. For the full sorry story see the past articles.

Chairmans Update 8 November 2017

http://insidetimeshare.com/los-claveles-return-bad-days-timeshare-tenerife/

http://insidetimeshare.com/los-claveles-battle-goes/

http://insidetimeshare.com/horror-weekend-los-claveles/

Inside Timeshare will bring you the latest news as and when we get it, all we can say is we will publish every story, giving the Club and the Committee our full support in publicising their plight.

If you have any information regarding this matter or any other timeshare problem would like to share with others, contact Inside Timeshare, we are here to give you the facts.

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