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end month

End of August Roundup

Considering August is usually a quiet month with all the holidays, Inside Timeshare has had quite a run on articles. We began August with news on the Tauro Beach Project entitled “Tauro Beach: In the UK News”.

This followed the publication of a story in The Guardian, a UK newspaper, on the importation of the sand used to build the beach, from Western Sahara. The article by Anders Lundqvist and Rowan Bauer, two independent journalists who investigated the possible illegal importation of the sand.

They explained that if this sand did originate from the Western Sahara, which it most certainly looks like, it was against UN Resolutions and rulings from the European Court of Justice. In their article they quote the head of SEPRONA in Gran Canaria, Lt Germán Garciá who stated “The sand was brought illegally, it was discharged with no control at all,” we know this has caused concern among environmentalist on the Island, as there is a protected area just 300 meters off the beach.

gc-seprona

For the full story follow the links at the end of this article.

The following day we published the Mid Week Report, this started with the news that TATOC had truly gone as their website is no longer accessible. It was then followed with a link to The Canary News, an English language newspaper based in Gran Canaria. The Canary News article by Ed Timon, the editor, gave a very good insight into the history of Western Sahara, which was the subject of the previous article.. (Again see links below).

We also published the first article of the month from Irene Parker, from our US branch, this was to do with a lawsuit in the US by Welk Resorts against Timeshare Exit Team. This is the first in a series of articles highlighting lawsuits by timeshare developers against resale / exit companies and law firms.

Loyalty: No Such Thing in Timeshare was the title of the next article. This highlighted Timeshare Compensation’s blog on Silverpoint now known as Signallia. In this blog Timeshare Compensation warns its readers of the “dodgy” past of this company, which was very surprising indeed as the owner of Timeshare Compensation, Mark Rowe, is an ex-senior sales manager of Silverpoint and thereby employee of Robert “Bob” Trotta, as well as colleague of the CEO Mark Cushway. Told you there were some strange things in the world of timeshare!

loyalty1

In our first Friday’s Letter from America for the month, we published the article by Eron Grant, this covered the question of why does ARDA have a code of ethics? One question we have also asked of the RDO.

Once again that family of fake law firms in Tenerife came up, yes you know the ones, Litigious Abogados.

Another new contributor from the US made her debut, Bonita Hill. Her article was on the question of Diamond’s Clarity Programme, regarding the Oral Representation Clause. This was launched in response to an Assurance of Discontinuance issued by Arizona Attorney General Mark Brnovich. Diamond has stated they intend to go beyond the requirements of the AOD.

We then published “Truth, What is Truth?” This was in response to readers enquiries about Anfi denying losing any court cases. This has caused confusion among members, after all these cases have been publicised in the press, yet Anfi tell everyone it is not true! So who do you believe?

In the next Friday’s Letter from America, we published Part 4 “Our DRI Misadventures” by David Franks. He Joined our team of writers from the US, some months ago and has given us a great deal of fun. He certainly has a style of his own and is a welcome member to the team.

We then started our “Hug Your Haters! A Customer Service Message” by Irene Parker, this is based on the book Hug Your Haters by Jay Baer. He is to be a keynote speaker at the Interval International Shared Ownership Conference to be held at the Miami Beach Eden Roc Hotel October 23 – 25. Mr. Baer has advised more than 700 companies including The United Nations and 32 Fortune 500 companies.

Next came the news of a story we published last year, it involved The Manhattan Club in New York. The NY AG Eric T Schneiderman had suspended all sales at the club back in July 2014, this followed many complaints of deceitful practises. The case is now finally over, with a settlement of $6.5 million, also the owners are being forced to sell and have been barred from participating in the timeshare industry. Well done Eric, one for the consumer!

Attorny_General_Eric_T_Schneiderman
NY AG Eric T Schneiderman

Once again Karen Garello from our Timeshare Advocacy, contributed another “Secret Shopper Report”. In this article, Karen gives sound advice on the questions you should ask when going on a sales presentation. Following her advice could save a lot of problems in the future.

It was back to Europe for our next piece, this was titled “ Timeshare In the Press”. This was actually very timely as it followed on from the Truth What is Truth article, it was based on the article in the Spanish paper El Diario. It highlighted the Supreme Court rulings, mainly against the Tenerife company Silverpoint, who just like Anfi deny any cases going to court or being lost.

It also included the article published in The Canary News, based on the one from the paper La Provincia, this began with a recap of the groundbreaking first Supreme Court ruling back in March 2015. Again throwing out the claims of the timeshare industry that these are all fictitious cases.

There followed a couple more articles by Irene Parker and a Timeshare Advocate. The first highlighted the  lawsuits between developers and law firms, the second was an open letter to the timeshare industry. Whether they take any notice is another thing.

In The Monday Briefing, we again focused on the Litigious Abogados family, giving a recap on how they operate their rather sophisticated scam, but also some sound advice which if followed will protect you from becoming one of their victims.

In the same article we welcomed and wished all the best to a new forum for timeshare owners, Timeshare Users Forum. This has been set up by disgruntled members of Timeshare Talk, a previously independent forum. We won’t go into detail here, but you can read the full article.

The last article for August was Part II of Hug Your Haters: A Customer Service Message.

So that is it for August, tomorrow we don’t cross the great lake to the US, we go to the land down under, for another Letter from Australia, contributed by Justin Morgan, on the role of private equity and the secondary market in timeshare. Do join us and bring your didgeridoo!

didgeridoo

Links to some of this month’s articles.

http://insidetimeshare.com/tauro-beach-uk-news/

http://insidetimeshare.com/tauro-beach-latest-development/

https://www.theguardian.com/world/2017/jul/28/trouble-in-paradise-the-canary-island-beach-accused-of-illegally-importing-sand?CMP=share_btn_fb

http://insidetimeshare.com/loyalty-no-thing-timeshare/

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

http://insidetimeshare.com/fridays-letter-america-15/

http://insidetimeshare.com/manhattan-club-6-5-million-settlement/

http://insidetimeshare.com/fridays-letter-america-16/

http://insidetimeshare.com/timeshare-in-the-press/

http://insidetimeshare.com/legal-news-us-castle-law-group-pc-v-timeshare-developers/

 

6-pillars-with-text

Hug Your Haters Part II: A Customer Service Message

Today’s article by Irene Parker is part II of her Hug Your Haters, which we published on 15 August,

http://insidetimeshare.com/?s=customer+service+message

But first some of the latest in Europe.

At the end of last week, even though the courts are closed for business, another sentence against Anfi Sales SL and Anfi Resorts SL was published. This was issued by the Court of First Instance Number 1, based in Maspalomas, the court ruled according to the precedents set by the Supreme Court in Madrid.

Court Masp

In this case, the court ruled that the contract be declared null & void with the return of over 13,279€ plus legal interest. In this case the infraction was the length of the contract was greater than the 50 years allowed by Spanish timeshare law 42/98, which came into effect in January 1999.

Again this flies in the face of Anfi’s assertion that their contracts are legal and that they have not lost any cases, see the article “Truth, What is Truth?”  Published on 10 August.

It is not just Anfi who deny these facts, Silverpoint have been doing so for years, they have even left the RDO and claim they no longer sell “timeshare”. So what are they now selling?

Well, we do know one product is Keys Concierge, a so-called “Lifestyle Credits” product, which promises a great deal but does it actually deliver? Another ploy by Silverpoint is the move to transfer the blocks of timeshare weeks they sold to clients (with the promise to sell in 2 years for a profit), into what is euphemistically called a “Company Participation Scheme”. Not much is known at present, a lot more research is yet to be done, but it appears that clients sign a document at the notary which makes them shareholders of the company Club Paradiso. If this is the case, then all liabilities of the company will fall squarely on those clients shoulders. More on this when the research is complete.

Now on with Irene’s article.

Hug Your Haters Part II

My Marriott Customer Service Experience

testimonials

By Irene Parker

August 29, 2017

Customer Service is a Spectator Sport, according to Hug Your Haters author Jay Baer. Although Hug Your Haters was written primarily for the providers of customer service, users of Customer Service can benefit from the book as well. Social Media has dramatically changed Customer Service in a way many timeshare companies have yet to acknowledge. The Marriott hotel chain seems to have gotten the message and has adapted to the new world order.

 

Mr. Baer discusses in his book the difference between onstage and offstage Haters. Many of the complaints Inside Timeshare has received are from offstage Haters, unfamiliar with Social Media. Sometimes offstage Haters need an onstage Hater to plead their case.

Disney Vacation Club seems to have bucked the timeshare trend, refusing to fall back on the oral representation clause that states, “I did not rely on any oral representation to make my purchase” which translates to the customer is always wrong. Disney has few timeshare complaints so it’s not surprising to find former Walt Disney theme park executive Lee Cockerell, author of The Customer Rules, mentioned in Hug Your Haters. Mr. Cockerell explains in his book how he would encounter employees blaming the customer:

“From time to time over the years, a customer would complain to me that a frontline employee had been belligerent. When I asked the employee what happened, I’d usually be told the customer was wrong about the facts, or had been abusive, or trying to cheat the company. Most of the time, the employee believed it was better to lose a bad customer than appease one.” p. 115

A Lesson for Other Timeshare Companies

Another Hug Your Hater example is Pella Windows and Doors, VP of marketing Elaine Sagers. “Monthly, our executives call a random selection of unhappy customers to talk about their experiences with us…..We’ve also played recordings from the call center so you can hear the emotion in our customers’ voices around what’s been happening with jobs and their homes.” p. 120

Having listened to 133 timeshare complaints, mainly about maintenance fee relief programs that do not exist, or the ability to sell points when no secondary market exists, it’s hard to understand how companies can so often ignore or dismiss allegations, especially when a volume of complaints (119 out of 133) meet the definition of white collar crime – “deceit, concealment, violation of trust and bait and switch” – painting a compelling and compounding picture of trouble within a company or within the timeshare industry as a whole. I challenge any timeshare executive to listen to the tone of the voices of families devastated financially by their vacation plan. “Well you signed a contract,” is not the appropriate answer. I’m sure Mr. Baer would agree.

Mr. Baer makes another important point I have often stated when it comes to offering a customer wronged an apology. “In some corners of the business universe, anyone interacting with customers is prohibited from saying (or typing) an apology, because it is believed – by particularly Draconian attorneys – that it could weaken the company’s position in a legal proceeding.” “In the world of Charles Dickens, ‘If that’s the law, then the law is an ass,’” Mr. Baer quotes Michael Lasky, an attorney and litigator with the Davis & Gilbert law firm in New York City. Mr. Laskey emphasized that of course companies should be careful about what they say, but the answer is not to ever say “I’m sorry.” p 125

marriott rewards

Page 138 of Hug Your Haters discusses the importance of rapid complaint response time. My husband and I have been Platinum Marriott Rewards members for several years. About a decade ago I complained about something I can’t remember at a Marriott Hotel front desk. I was just complaining, not asking for compensation, yet the company responded with an automatic adjustment in reward points. Every 20 or so stays, something might happen that I would complain about had it not been for the times the company responded rapidly and appropriately.

Right out of the Hug Your Haters playbook, I posted a comment on the Marriott Facebook about how a trainee and a manager patiently and pleasantly changed our room three times to address our concern about highway noise. I posted this experience on Marriott’s Facebook and they almost immediately responded, “Irene, we would like to share this on our comment site if that’s alright with you.” As Mr. Baer explains, onstage Haters (or Lovers) don’t expect to be answered. When they are, they are taken aback, astonished that a company as large as Marriott would care.

I can’t speak for Marriott Vacation Club, the timeshare company, because I am not a member, but one of our Advocates, a senior manager with a Fortune 500 company, also a Marriott Vacation Club member, made this comment about Marriott in Part I of our Inside Timeshare article Hug Your Haters, “I think of a brand like Disney first and foremost. Also, while I know a company like Marriott has their critics, in all my years traveling and staying at their hotel and timeshare properties I always got the impression they were serious about fulfilling their fiduciary responsibilities and providing top shelf customer service and a quality customer experience.”

Onstage Haters compared to Offstage Haters – Chapter 7

Some companies respond to negative comments by expanding their advertising budget. “Advertising is a tax paid for being unremarkable,” is a quote Mr. Baer said is usually attributed to Robert Stephens, founder of The Geek Squad,  but he rephrases the comment appropriately, “Advertising is a tax paid when you’re poor at retaining your current customers.” p. 18

“Listening is the ability to pay attention to what the sounds means and understanding it. We hear noise, but we listen to music. That is because noise falls on our ears without any effort at our end,” said an anonymous writer explaining the difference between hearing and listening. Too often customer complaints are dismissed as noise in the form or automatic denials to a complaint filed against a timeshare sales agent (s).

create

These are but a few timeshare Advocacy Facebooks and websites of members helping members because company complaints so often fall on deaf ears. They are closed groups, but all would welcome corporate representatives bold enough to listen and learn. We hope timeshare industry executives, ARDA and lawmakers will take the time to not just hear, but listen.

Bluegreen and Diamond Resorts Advocacy Facebooks

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

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

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

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

New York Attorney General Eric Schneiderman recently sent a message in the form of a $6.5 million settlement against The Manhattan Club timeshare accused of restricting availability for members who paid thousands of dollars for a timeshare while allowing access to those booking online. The settlement response was a reaction to a chorus of timeshare members mobilized and action orientated. All timeshare owners are grateful because a victory for one is a victory for all. Lack of availability is a universal complaint.

change

Thank you Irene, once again you have given us a look into the world of “Customer Service” or in some cases lack of. It is one of the main complaints that Inside Timeshare does receive, in many cases the sales staff are only intent on getting more money from you, rather than helping to get the best from your membership.

If timeshare is to flourish, developers and resorts really do need to look at this aspect and change their practises. Disney is a very good example of this as we showed in a previous article by Irene, “Disney Vacation Club Vs The Timeshare Industry”, published in July’s “A Lesson for Other Timeshare Companies”.

If you have any questions or comments Inside Timeshare invites you to contact us, your views are important, it will help to change the industry for the better.

Have you been contacted by a company you have never heard of, or want to know more about but don’t know how to start, again contact Inside Timeshare and we will point you in the right direction.

help

Digging deeper to the truth this person finds nothing but lies.

Truth, What is Truth?

Over the past few weeks, Inside Timeshare has received many enquiries regarding Anfi and who is telling the truth regarding the court cases and Supreme Court rulings. Many of these questions have been coming from Anfi members themselves, having received emails and letters from Anfi who deny anything is going on. So the question is what is the truth?

According to a letter sent by the CEO of Anfi Group in June, which we published in the following article:

http://insidetimeshare.com/anfi-ceos-letter-members-desperation/

mahatma-gandhi-quote-an-error-does-not-become-truth-by-reason-of

Anfi deny any wrongdoing, they continue to state they are not losing court cases, that the Supreme Court stated that Anfi were acting in good faith when selling perpetuity contracts. This in itself is a little strange as the Supreme Court has verified that the law 42/98 which states that contracts must be of a maximum 50 years, is correct. In other words why would this court say that perpetuity contracts are illegal, then on the other hand that Anfi acted in good faith?

According to the CEO, Anfi members are asking for their help in getting out of court cases instigated by various law firms, again this does not ring true, after all having used legal services in the past, you employ the law firm, if you wish to withdraw that is your right. You don’t need any help, especially from Anfi. Is this yet another deception?

In another section of his letter he goes on to say the Supreme Court agrees that any member who has had their contract declared null & void should in principle pay for past holidays taken. Inside Timeshare has not seen any evidence of this, in fact this point has been going on for some time, with even the RDO publishing their support for this. Again it is another ploy by the timeshare industry to save itself!

We won’t dwell on the CEO’s letter as you can read the previous article.

Another couple contacted Inside Timeshare after receiving an email about their own membership. It would seem this particular couple are not happy with their purchase, and wish to terminate the agreement. It starts by stating that Anfi does not consider their contract to be illegal until a court deems it so.

Again this flies in the face of previous statements, that their contracts are legal and it is the courts that have got it wrong, the truth is, the courts have found the contracts have infringed the timeshare law, is this another untruth?

In this email Anfi state once again that they are not losing, that cases which have been lost at the Court of First Instance are going to appeal. Yes they may be going to appeal, but only to prolong the process. After all, now that the Supreme Court has made 57 rulings against various timeshare companies, of which around 32 have been made against Anfi, all the courts must abide by them regardless. If the law has been broken then that is that!

On the point of one part of the law, the taking of deposits within the 14 day cooling off period, in this particular email, Anfi deny taking any deposit for the sale of the timeshare. They say they have a signed reservation form for so many nights accommodation at their Hotel Gran Anfi. Hang on a minute, is it not a timeshare resort?

Regardless of that point, according to them there is no mention on the documentation that it forms part of the payment for membership. Bit of a moot point there, after all the timeshare law states that no payment shall be taken on the day the contract is signed, even by a third party. So one could interpret that as the payment taken at the time of signing, even for accommodation, is payment to a third party! We’ll leave that one for the judges to decide.

legal clipart

The tone of the email is not very pleasant, the writer states “Our company is strongly focused on the future, and the goal is to have only loyal members”, well not very conducive to customer relations, would you not agree?

Well, let’s get down to some facts, Inside Timeshare during its investigations over the months has come up with the following figures. These may just be a little out of date as they were compiled some months ago and many more court cases have taken place since.

Cases lost by Anfi upto June 2017

Court                                              1st Instance                2nd Instance           High               Court Supreme
2015                                                      11                                      2                         18                               3

2016                                                       8                                      0                         17                              27

2017                                                       9                                       1                           4                               2
______________________________________________________________________
Total                                                     28                                     3                         39                              32

Remember, it was in March 2015, that the first Supreme Court ruling was made against Anfi, this was the case of the Norwegian lady Mrs Tove Grimsbo. Or is this another fact that Anfi are not acknowledging?

It is estimated that since January 2015 the courts have awarded over 3,435,974.56€ to former Anfi clients.

Only last week one client was awarded their purchase price back, 27,895€ by the Court of First Instance Number 2, in Maspalomas. That same court also ordered that double the deposit was to be paid back which amounted to 28,611€. Plus the legal fees, so this client receives back more than they originally paid. The infringement was again for a contract in perpetuity, longer than 50 years, so again another untruth told by Anfi that their contracts are legal!

Also we must ask about the recent Anfi vote, which asked members to vote for new contracts which comply with the law, it goes against what the CEO and the writer of the email state, that their contracts are not illegal.

Follow the links below for previous articles on this vote.

http://insidetimeshare.com/anfi-sgm-what-are-they-up-to/

http://insidetimeshare.com/anfi-special-general-meeting-vote/

In the article on the last link there are figures that were supplied to Inside Timeshare that show payouts, cases won, closed and ready for execution. We leave it to you the reader to decide what the truth is, we already know.

truth

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, this week Eron Grant submits her open letter to ARDA (American Resorts Development Association), for those in Europe that is the RDO. She explains her experience at the hands of a sales agent and asks why does ARDA have a code of ethics if these agents and resorts ignore it? Very good point, the same can be said of the RDO.

First a roundup of this week. For August it has been quite a full week for Inside Timeshare considering that the courts are closed so no news on that front. We began with the ongoing story of the fake law firms in operating out of Tenerife, yes, that family called Litigious Abogados, bit of a sorry story this one.

Unfortunately, the gentleman in question didn’t find our previous story in time, he was totally taken in by the documents and smooth legal talking of this crowd. It began with the usual pitch, that his timeshare company had a case against them ready to go to court and he could be part of it. He duly paid the initial Procurador fees, then a few weeks later he got the great news that he won the case and the court had awarded him thousands in compensation, brilliant!

Now it was only a matter of paying 20% of the award to the tax man to release the money, this done he was told his cheque was on the way. The envelope arrived with the court papers, but no cheque, the envelope had been opened and the cheque missing. After contacting the “Law Firm”, another company contacted him saying the court had appointed them to investigate and get his money back, apparently this Romanian gang had stolen the cheque and cashed it. Don’t worry, we will get the money back from the bank. First you have to pay us 10% of the amount.

Compensation_Cheque-page-001

Then in what can only be described as a further insult to injury, he was told he owed the property tax on a property he owned in Spain, his NIE Number had expired plus he had outstanding fines for a traffic offence. But we can sort this out for you and get the money released, for a fee.

This has lost him thousands of pounds and has caused him great stress. So beware, it may sound good and look genuine, but it rarely is.

On Tuesday, we published the ongoing story of Tauro Beach, the flagship project from Anfi, this time it was a couple of independent research journalists, Anders Lundqvist and Rowan Bauer. In their article, published in the UK paper The Guardian, they investigated the importation of the sand for this man made beach, brought in from the Western Sahara in breach of UN sanctions and European Court of Justice rulings.

This investigation is still underway by various authorities, the main one being SEPRONA, the Nature Protection Service of the Guardia Civil.

Wednesdays article was from Irene Parker on the Welk Resorts case against Timeshare Exit Team. It highlights the dire need for a proper secondary market and a fair exit strategy for those who do not wish to sell.

In this article we opened with news that the TATOC Help Line had closed, we also published a link to a very good in depth report on the importation of sand from Western Sahara and a little of the history from that region. This was written by Ed Timon Editor of The Canary News, an english language newspaper in Gran Canaria.

Yesterdays article was entitled, Loyalty: No Such Thing in Timeshare, in this piece we showed that even old friends will attack each other for your money in this business. It told the story of a company owned by an ex manager of another company, who is now in the business of supposedly claiming compensation against his old employers. Unfortunately, his history and publicity is not as squeaky clean as he would like you to believe, we leave that to your judgement.

So on with this week’s letter.

Why does ARDA have a Code of Ethics?

Woman what

Members are beginning to wonder

ARDA’s Answer from ARDA’s website

ARDA and its members are committed to the highest standards and ethical behavior in vacation ownership. To demonstrate that commitment, all ARDA members as a condition of membership must agree to comply with the ARDA Code of Ethics.

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.

By Eron Grant

August 4, 2017

Part I – My letter to ARDA

Part II – ARDA’s Code of Ethics

Part III – List of Inside Timeshare member articles that question the Code

Mr. Clements, General Counsel and Lobbyist for ARDA,

My husband and I feel we have been deceived by Diamond Resorts International, and ask for your assistance in getting justice for our victimization.

In November of 2016 we stayed in one of DRI’s timeshare resorts in Sedona, AZ through our Interval International membership. While there we attended a DRI sales presentation. The hotel concierge gave our family of 4 a $150 gift card to a local restaurant for our thanksgiving meal, and in return we were to attend a 90-minute sales presentation. The presentation ended up lasting 6 hours, with our sales agent becoming agitated when we said we needed to leave due to my husband’s golf tee time. This violates ARDA’s Code of Ethics of “Information”.

The sales agent, Karen Calvano, empathized with us about our inability to stay in resorts unless located close to home which is in Houston, TX. She said she knew Interval International did not have many resorts in our area, but that DRI had many resorts, and we would certainly be able to find resorts in Texas, New Mexico, and Louisiana. As it turned out, DRI’s resorts in our area are owned by affiliate resorts rather than DRI and costs approximately more points than we were sold. This violates ARDA’s “Exchange Program” in which we were over promised on the likelihood to exchange for Diamond’s inventory in our area.

When I looked on the Diamond member website recently, Diamond’s Great Wolf Lodge affiliate property in Texas was available for 26,911 to 66,467 points. If we multiply 26,911 by 20 cents which is the typical cost of maintenance fees, it would cost $5,382 for a one week stay. Booking.com had the same Family Suite available for the same week for $1,700. This is not an unusual scenario. I have searched various times throughout the year.

We attended DRI’s “Event of a Lifetime” in January, 2017 which we were told was our member orientation. The “orientation” turned into a high pressure sales presentation quickly with misleading information regarding redeeming our points for 30 cents per point if we paid to upgrade our membership to platinum. When my husband, Dr. Mark Grant, asked to see the price per point in writing, the sales agent pointed to his own written notes to show us that it was legitimate. My husband pointed out the documented literature which showed the amount at 10 cents per point, and the salesman quickly dismissed us to the next sales agent.

According to the ARDA Code of Ethics, this sales agent violated the ethics standard of “Avoidance of False and Deceptive Statements”.

Mr. Clements, as you can tell from the brief account I have written, we are in a rough situation with devious minded people who have not followed ARDA’s Code of Ethics, and should therefore be forced to let us out of our contractual agreement.

We appreciate your consideration, and assistance!

Sincerely,

Eron Grant

Response from Diamond

I am responding to your concerns regarding availability in Texas and Louisiana. While Diamond Resorts does not own or manage any properties in these states, we do have affiliate agreements with several resorts. These properties offer us limited inventory each year to offer to our members to book with their points. Inventory is typically limited, and prices are set by the properties themselves, and not by Diamond Resorts. These properties are offered on a first come, first served basis in addition to the Diamond Resorts properties covered under your contract.

Diamond Resorts does offer a property in New Mexico, the Villas de Santa Fe. If you would like assistance booking at this property, please let me know and I will be happy to assist.

My Response

My concerns with Karen Calvano stating “DRI has several resorts in TX, LA, and NM” is that when we asked her to show us the properties she said, “Oh we can’t do that right now, but we can do that later.” After 6 hours of being with her, we were exhausted and never did see the properties.

We explained that we are owners with Marriott and members of Interval International already, so affiliate properties through DRI really don’t help us. Plus, the value of your affiliate properties is ridiculous. How does this help us?

questman1

I would like for Mr. Clements or someone at Diamond to explain to me why this does not meet the definition of White Collar Crime: Deceit, concealment, violation of trust and bait and switch. In my opinion, there is no doubt what we were offered and what we received meets this definition and violates ARDA’s Code of Ethics.  

Ethics Code of the American Resort Development Association

adopted by the Board of Directors April 7, 2014

  1. General Ethics Standards.  
  1. Disclosure.

With respect to the sale, resale or marketing of a Vacation Interest, the Member shall:

  1. Provide fair, meaningful and effective disclosure to the consumer regarding the Vacation Interest and all material terms and conditions of the offer of a Vacation Interest.
  2. Provide fair, meaningful and effective disclosure to the consumer of all material terms and conditions of all other products offered contemporaneously with the Vacation Interest, including exchange programs, incidental benefits, financing, short-term products and exit programs.

The Full Code: http://www.arda.org/ethics/

audience

Note from Irene Parker

Inside Timeshare has received complaints from many angry timeshare members, including Bluegreen members. Here are just a few of the many members who have contacted Inside Timeshare wanting their voices heard.

This is our DRI Advocacy Facebook page which respectable sales agents and corporate personnel are allowed to join. We hope the folks at Diamond, Bluegreen and ARDA will take the time to read member stories. We promise you will learn a lot.

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/

Member articles

Michael Nuwer and Justin Morgan

http://insidetimeshare.com/fridays-letter-australia-no-read-correctly/

Alan and Debbie Callner

http://insidetimeshare.com/wednesday-article-america/

Detective Lela Renea a Bluegreen member

http://insidetimeshare.com/fridays-letter-america-11/

David Franks Chapter 2 (Chapter 4 upcoming)

http://insidetimeshare.com/fridays-letter-america-10/

Karen Garello Secret Shopper June 22, 2017

http://insidetimeshare.com/works-industries-not-timeshare/

Romeo and Lily

http://insidetimeshare.com/fridays-letter-america-9/

Dr. Jeffries

http://insidetimeshare.com/fridays-letter-america-7/

Angela Johnson

http://insidetimeshare.com/timeshare-advocacy-group-update/

Neina Orrillo

http://insidetimeshare.com/diamond-in-the-news-again/

Barclaycard and Member stories May 17 2917

http://insidetimeshare.com/timeshare-barlcaycard-us/

Marjorie Menacker

http://insidetimeshare.com/another-nightmare-timeshare-street-client-experience-diamond/

Eron Grant May 12, 2017

http://insidetimeshare.com/fridays-letter-america-4/

Nancy Callahan April 24, 2017

http://insidetimeshare.com/another-nightmare-timeshare-street/

Betty Burmeister and a Filipino Family April 13, 2017

http://insidetimeshare.com/anatomy-timeshare-foreclosure/

Laurie Sabbagh Secret Shopper March 17, 2017 Clarity Review

http://insidetimeshare.com/friday-review-news-across-ocean/

A Military Family March 6, 2017

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

The Hurleys January 25, 2017

http://insidetimeshare.com/timeshare-advocacy/

Irina Allen January 13, 2017

http://insidetimeshare.com/timeshare-news-across-atlantic/

Kathie Old December 6, 2016

http://insidetimeshare.com/call-change-us-timeshare-industry/

Wyndham Trish Williams $20 Million Whistleblower Jury Award December 5, 2017

http://insidetimeshare.com/wyndham-whistleblower-update/

The Peasant of Venice and the Queen of Versailles November 7, 2017

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

Sylvia Saldana and the Barclaycard October 25, 2016

http://insidetimeshare.com/irene-parker-write-barclay-card-usa/

right wrong

Thank you Eron Grant and Irene for this weeks contribution, these are your stories, they are published so you know what is going on in this murky world called timeshare. If you have a story you would like to share or have any comments Inside Timeshare would love to hear from you.

If you have any questions or even need to know if you are dealing with a possible “scam” company, get in touch with us. Even if we don’t know the answer straight away we know where to look and can point you in the right direction. Remember it is better to be safe than sorry, doing your homework is essential, even more so in today’s timeshare world.

So it only leaves us to say, it’s Friday, have great weekend.

fridaycat

tatoc logo liquid

TATOC Gone: Kwikchex Set Up New Helpline

So that is the end of TATOC, The Association of Timeshare Owners Committees or the so called Timeshare Association, it is now official that as of 20 July 2017 they are now in official receivership. Harry Taylor and his little empire is no longer, they were unable or unwilling to pay off their debts, according  to TESS who brought the action, the court asked three very simple questions:

  1. “Have you paid your debts”?
  2. “Will you be able to pay your debts”?
  3. “Do you intend to pay your debts”?

As the answer was NO, the court had no other option than to place TATOC in the hands of the Official Receiver.

man_debts
Wonder who this is?

This will be a big blow to ARDA (American Resorts Development Association) who at the beginning of the year during the TATOC conference presented Harry Taylor with a cheque for $30,000 as a contribution for the TATOC helpline.

We have reported before that TATOC was not really on the side of the consumer, how could it be? It was funded by the very industry the consumer had problems with!

Just look at the relationship Harry Taylor and his TATOC team had with MacDonald Resorts, a company that even the RDO had not had any relationship with since 2005!

MacDonald Resorts pursued an aggressive policy of taking over fixed weeks, converting those owners to the points system, which even owners did not want. Harry Taylor ran a campaign stating that this was the best way forward, that it was in the best interests of the owners.

Harry Taylor
Bye Bye Harry and good riddance!

The question is how was it in the best interests of the owners? By changing to the points system from their fixed weeks, which gave them very strong rights, they effectively gave control of the resorts to MacDonald’s. Overnight they changed from being owners with the right to set maintenance fees, employ the management company and basically run their resort, to mere members with no rights whatsoever. Just the right to use subject to availability.

It now transpires that Kwikchex has set up a consumer helpline of their own, this has been announced by the RDO on 24 July. This seems to be part of the Timeshare Task Force, the question is how will this be independent advice considering that they are also funded by the RDO?

task force
The Timeshare Task Force!!!!!

According to the RDO announcement this new consumer helpline will be offering assistance and advice about any company that is not an RDO member. What about offering assistance and advice about their own members, after all most of the problems are with the resorts and developers themselves.

The fact that owners / members who are having problems with their own resorts are left on their own as the RDO will not intervene in any dispute, this leaves those owners with nowhere to turn. This in itself leads to those unscrupulous companies to feed off the vulnerability of owners who either want to sell or just want to get out of their timeshare. The industry itself has created the “scam” market because of it’s own inability to deal with the issues, disputes and resale markets that owners need. Their own greed has been their downfall!

For years, timeshare has been sold, especially in Spain, with total disregard for the laws set in place to protect consumers, this has resulted in hundreds of court cases,along with Supreme Court rulings enforcing the laws that they have themselves flouted. Only last week, a recent ex-member of the RDO, Resort Properties / Silverpoint had five rulings against them in one day.

The RDO themselves have backed up the resorts against these rulings, believing that the judges have interpreted the law incorrectly, (see link).

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

If the industry is to survive, it needs to change how it operates, it needs to listen to the concerns of the owners / members, the very consumers who pay for it, not just chase those companies bogus or legitimate who decline to join their little club. After all, why would law firms such as Canarian Legal Alliance or JCLA & AS pay for membership when it is those members they are taking to court?

We have said this on many occasions, timeshare could be a good product, many have had many happy years of ownership, especially with those resorts that valued their custom. One has to only look at recent events at Los Claveles, for years those owners had no complaint, until Wimpen sold out their management rights to the ONA Group, then it really turned nasty.

The time for change is now, the industry cannot police itself, it is self serving, the likes of Kwikchex running a consumer helpline in the interests of the industry is a farce. There are very few places consumers can turn for truly independent and valuable advice, it has become an even bigger minefield.

If you have any questions or concerns about any timeshare matter, contact Inside Timeshare, if we don’t know the answer we will find it for you. These pages are read worldwide, we are bringing owners together from the USA, Canada, Australia and the Philippines adding more as we go, through their articles and contributions you will find you are not as alone as you think.

transformation-and-change

 

volunteer quote

What a Volunteer Does for Nothing!

As usual the industry attacks those that highlight their failings, this time it is the turn of our main writer and colleague Irene Parker.

In today’s article Irene’s husband Don, who knows her better than anyone else comes to her defense, like the knight in shining armour. Inside Timeshare has seen these sort of tactics many times in the past, the industry trying to discredit those who are doing some good, letting you know what they upto.

If the industry and the industry trade bodies, not just ARDA in the US but the RDO in Europe, focused on the failings of their own members instead of attacking and making snide comments about others, then maybe, just maybe we would have an industry that we could believe in.

For too long the industry has been riding roughshod over you the consumers, allowing their sales agents to lie to you just to get the sale, continually upgrading when you don’t actually need it. Collecting maintenance fees yet giving you nothing in return.

Then comes along someone like Irene, who gives all and expects nothing in return, take a leaf out of her book. She is known as the Peasant of Venice, as opposed to the Queen of Versailles (madam Westgate). Irene is an inspiration to many, she has pulled together many others who volunteer their time to help others all for no personal gain other than satisfaction that they have helped and made a difference.

We now leave the stage to Don.

ARDA, Diamond Resorts and Bluegreen

Irene does not get paid!

volunteer

By Don Parker

July 19, 2017

On more than one occasion, my wife Irene told me there are those at ARDA and at Diamond Resorts convinced Irene is receiving compensation from timeshare members who contact her asking for assistance after they explain how they feel they were victims of deceit, concealment, violation of trust and bait and switch.

While I understand it might be difficult for those earning high salaries to comprehend why someone would forfeit their retirement opting to spend 40 to 50 hours per week advocating for others, people that know Irene and have worked side by side with her in previous advocacy efforts will vouch for her credibility.

Irene and I have been together for 35 years. Here are a few examples of Irene’s past efforts:

n Jersey seal

In New Jersey Irene ended up at the Drop-In Center for Aids patients in Newark. One Sunday we heard about an Aids Awareness Day at a Catholic Church in New Jersey where we lived at the time. Diocese wide, 90 volunteers were recruited. The problem was the Diocese did not expect that level of interest. They had no program. Having sent the Diocese a letter presenting her volunteer experience, the Bishop requested an interview with her. He sent Irene to meet Brother Joe McAlister at the Newark Aids Drop-in Center. When Irene told Brother Joe the Bishop recruited 90 volunteers to help with the 8,000 cases of Aids in New Jersey, Brother Joe replied, “We don’t need any fxxxing Florence Nightingale’s here.” After a staring contest, Irene asked Brother Joe, “Do you need money?” He wavered. Irene reached into her purse, took out her checkbook and wrote a check for $35 to buy a coffee maker for one patron and an iron for a Hispanic man who liked to iron his shirts. After that Brother Joe, the Drop-In Center patrons and Irene became the best of friends. I helped out too and have to say I learned a lot from those brave souls. That was about 30 hours per week unpaid.

Hawaii

In Hawaii Irene worked with the Salvation Army and was a founding mother of the Waimea Salvation Army Board on the Big Island. She worked about 10 volunteer hours a week helping the Army find appreciable assets for their Charitable Remainder Trust program. Hawaii has a high tax rate and Irene had several clients who could use the tax benefits provided by a Charitable Remainder Trust. She and their development director also gave presentations around the islands.

Irene came home from work one day with a Korean baby and mom. Irene had learned dad was alcoholic and addicted to heroin. He was a Harvard graduate and fellow Rotarian. Before I knew it we were at the Korean Embassy in Honolulu arranging to fly mom and baby back to South Korea so they could get out of Dodge before the baby was placed in foster care. Mom was here illegally since Dad never married her. Salvation Army Major Ganot advised us on how to handle this situation which led to Irene’s Salvation Army involvement. Major Ganot could be a major in anyone’s army. She worked 26 years in Haiti.

mich

Irene got really mad in Michigan. By now she had retired from the brokerage business and had been hired as a pipe organist and Music Director for a Catholic church. One day there appeared in the paper an article about how a few bad apple nuns sexually abused 120 Indian boys from the 1st to the 7th grade back in the 60s and 70s. Just like timeshare, our Priest said there is no evidence this happened, despite a four part article with the surviving victims interviewed by an Indian working on her Ph.D.

Before long, Irene and I were at the tribal headquarters meeting with the Chippewa Peacemaker (judge) and about a month later we were with Peacemaker Paul at the Diocese meeting with the Bishop demanding an apology. That’s all they wanted. But, just like timeshare, an apology is a tall order as it really is an admission of guilt. This was a good Bishop who listened and did offer an apology to a group of people and in print media. Irene calls them Indians because the root of the word means In-Dios, in God, and American means Amerigo Vespucci who contributed to the destruction of their land and people.

wku

Kentucky was another state where Irene worked full time for free as a CASA volunteer, advocates on behalf of children in foster care. After about a year, Irene raised enough money to fund a “Fostering Futures” program assisting teens aging out of foster care, who had agreed to extend their commitment for educational purposes. This population of youth “aging out” is probably the highest risk population in the country. Since Kentucky was the last state we lived in, there are many at CASA who will vouch for Irene’s efforts like Debbie Harwood and Andrew Wollin who wrote a grant in order to hire Irene to be a full time paid CASA Supervisor writing and editing court reports for children in foster care. CASAs also attend all hearings and trials.

Debbie can also vouch for the effort Irene put into selling ads for the Ombudsman program housed at legal aid. Ombudsmen advocate on behalf of nursing home patients. Irene put in about 20 volunteer hours per week on that one for several months.

Last, but not least, Irene became a Volunteer Enactus Advisor at Western Kentucky University helping Burmese Karenni refugee women, not literate in their own language, sell beautifully woven scarves and bags at the Farmer’s Market and was able to introduce them to a few stores. Irene convinced me I should teach a few of the Burmese how to drive (on our car). Enactus is a worldwide organization partnering major corporations with universities worldwide to improve impoverished populations. She completed a WKU graduate course on “Teaching English as a Second Language” concentrating on pre-literate learners. The Burmese speak over five languages. They are not dialects.

croc

That brings us to Florida where we live now. While we were in between houses, waiting for our home in Venice to be built, we attended a predatory timeshare presentation at Diamond’s Grand Beach Resort in Orlando. The reason I say it was predatory is because I was 77 years old at the time. The last thing I needed was vacation points. I remember Irene asking three times if we would be paired with a commissioned sales agent as we were only interested in long term care plans at this stage of our life. Told no because there had been so many complaints, we were held for over three hours by bad and worse cops that left Irene so angry she wrote to Las Vegas Attorney Bob Massi of Fox Business Property Man. Out of all the viewers who responded to a show about Westgate Timeshare called “The Queen of Versailles”, Irene and I were selected for an interview because the producer told her she was the only respondent who wanted to talk about the positives in addition to the negatives concerning timeshare. Irene has called herself “The Peasant of Venice” ever since.

love

I hope this answers the question, “Does Irene get paid to assist timeshare members who are angry, confused, overwhelmed and desperate?”  

Instead of worrying about whether Irene gets paid or not, I hope ARDA, Diamond and Bluegreen will think about the harm being done to so many consumers. Instead of attacking my wife, I think they should track down the sales agents using unscrupulous tactics and drain the swamp of them, instead of always saying the sales agent didn’t say that.

I am the first person to read Irene’s articles and the articles submitted to her written by other timeshare members. I’ve heard and learned a lot about timeshare. Not all presentations are predatory. We are actually not unhappy with our Diamond points. I don’t know that I would use the word happy, but our first two sales presentations before 2015 were professional. It seems the escalation in aggression has really ramped up over the last two or three years.

When Irene and the member run into a dead end with the timeshare company, she does refer to a variety of lawyers. She receives no compensation from any attorney unless you consider the time a few of them give for legal editing.

By now, if you are still reading, you might be asking why Irene is so determined to find and assist victims. When Irene was 24 years old her best friend, Jayme Simmons, asked if she could live with her because she was afraid of her husband. Jayme and her two year old daughter left after two months. A week later her husband John Moore shot her in the face three times in front of her daughter. He served only seven years in a California prison. That kind of an event can have a lasting effect. You could say Irene has channeled that anger into advocacy.

I hope others volunteer to help write timeshare reports because there has been an increasing number of callers and emailers. We hope someday, somewhere, a lawmaker or regulator or AARP will either stop the predatory behavior or enough public exposure alerts the public to buyer beware.  Irene knows there are also a lot of Wyndham members who complain, but they have not been calling – yet.

Contact Inside Timeshare or Irene if you have a concern about your timeshare purchase, but I kindly ask that you call between the hours of 1 to 5 PM Eastern Standard Time as that is a good time to call. Irene writes reports and articles in the mornings.

peasent of vinice card

There you have it, that is what it means to be a VOLUNTEER, something these businesses fail to understand. It is not all about money, it is about doing what is right.

In Spain we are seeing the industry on the run, their failure to abide by the laws because they believed they were above the law, is now starting to bite them back. Millions of Euros are being awarded back to consumers by the courts. Other European countries are looking at Spain to see how they can protect the consumer from these timeshare giants.

The industry needs to take note, carry on running it like you do, then there will not be an industry left. Consumers are getting wise to your tactics, Inside Timeshare will publish what you do wrong, but we will also publish when you get it right. We would love to publish more positive articles, timeshare could be a good product, but your greed has destroyed what was once loved by many.

time for change

       

 

us-eu-coop

The Wednesday Article from America

Following on from last week’s piece on the RDO’s use of an article in The Spectator, Irene Parker gives us the American take on it and how they are viewing timeshare in Europe.

One thing is for certain, they are looking to us for change in the way timeshare is sold in the USA, we have had many contact Inside Timeshare giving their stories, some are definitely “Nightmares on Timeshare Street”. This title has been used in three articles in the past, with stories that have hit home for many readers.

In this article Irene, interviews Timeshare Insider and author of Timeshare for Dummies, Lisa Ann Schreier, who we welcome as a new voice to our pages.

RDO – Are Unscrupulous Sales Agents a Thing of the Past?

A Timeshare Insider and one of 13 Platinum members respond

notes in hand

By Irene Parker

June 28, 2017

Inside Timeshare published a reality check response to Resort Development Organization’s article “Why Now is the Right Time to Reconsider Timeshare” offering an EU perspective.

http://insidetimeshare.com/rdo-selective-use-spectator-article-timeshare/

It is interesting to note an admission of guilt in this article as to the nature of the unscrupulous timeshare sales agent.

The Chairman of RDO is Susan Crooks, Director of Legal Services and European General Counsel, Diamond Resorts Europe, so the article is even more meaningful, considering her role. I have interviewed two EU Diamond sales agents. The agents said they refused to submit to the aggressive tactics imposed on American Diamond sales agents. One was the sales agent assigned to us when we stayed at Cala Blanca on Gran Canaria.

Here are excerpts from what RDO has to say about timeshare, followed by a report from one of the 13 Diamond Platinum members.

When you think of the word timeshare, what springs to mind? While for some it might be stylish and carefree getaways in your favourite holiday destination, for others it could just as easily be pushy salespeople trying to bamboozle you into signing an unwanted, lengthy contract.  Unfortunately, for a number of years the word timeshare has had negative connotations in the minds of many people, due to the often unethical and unjust way it was sold in the past. This is all changing though as the holiday market goes through a massive shakeup. Timeshare is evolving into something that everyone can enjoy!

In the past a proportion of timeshare was mis-sold to people through unscrupulous sales tactics from pushy sales people only interested in making a quick sale. People were persuaded to sign up for timeshare after lengthy and intense sales presentations which could last for hours. This included parting with large deposits on the same day. Now though, following strict restrictions imposed on developers by the European Timeshare Directive which must be followed by all shared holiday ownership companies operating within the EU, there is a ban on taking deposits on the day of the sales presentation from clients. In addition there is a mandatory 14-day cooling off period between a presentation and signing up for timeshare in which the individual is able to change their mind. The contract offered must also be in the client’s own language.

http://rdo.org/news/now-right-time-reconsider-timeshare/

In the EU and the US, the following groups have formed to protest and support other Diamond members.

  • DRIP website England, over 1,000 British members
  • Diamond Resorts Owners Advocacy 350 members

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/

  • Club Intrawest: The Owners Group 3300 members
  • Gold Key Owner’s Forum 65 members
  • COPP website: Concerned Owners at Poipu Point
  • Monarch Grand Vacations Owners Group website

All of the above websites and Facebook pages include concerned Diamond members who don’t know where to turn. Most of those contacting Inside Timeshare are existing Diamond members, but complaints from several timeshare companies abound, alleging deceptive sales practices:

  1. Sell Diamond Points,
  2. Cover Maintenance Fees,
  3. Transfer from US to HI points because only Hawaii can rent points or transfer to US because there will be HI assessments (one Diamond member said they were shown pictures in Virginia of decaying Hawaii air conditioners),
  4. Prevent heirs from being stuck with Diamond points (this benefit is already available).  

In an interview with Timeshare Insider Lisa Ann Schreier and Diamond Platinum members Alan and Debbie Callner that took place at Diamond’s Mystic Dunes Resort June 19, we discussed timeshares flawed business model and the consumer’s deplorable lack of timeshare knowledge. Since the timeshare buyer in many cases cannot rely on the honesty and integrity of the timeshare sales agent, we agreed an organized media campaign is the only answer. “The sales agent is always right. The customer is always wrong” seems to be the developer’s motto.

End of Story

jigsaw 4

No it is not

Lisa Ann Schreier, author of Timeshare for Dummies, has worked in the timeshare industry for approximately 20 years.

It was a quiet morning after “Event of a Lifetime” – a Diamond promotion celebration with country music artist Cole Swindell performing to a packed house. The restaurant was open but in transition from Integrity Golf to Diamond management, so the golf course was closed and the restaurant temporarily without a liquor license.

I asked Lisa if she has seen an upswing in predatory timeshare lending over the years. One of the roles of the Consumer Financial Protection Bureau was the enforcement of the Dodd Frank Act which has recently been rolled back by the Trump administration. I asked Lisa if she thought the rollback would lead to even more free-wheeling timeshare lending practices, especially in terms of non-verified income and generous lending limits.

“Timeshare lending has always been freewheeling,” Lisa explained. She provided a true story example told in parable fashion:

This happened many years ago when I was a timeshare sales agent. I was getting to know a gentleman who agreed to a presentation. One of the first things he said to me was, “I need to know if you have accepted Jesus Christ as your savior.” Somewhat taken aback, I informed the man that it might be best if I found him another sales agent as I am Jewish. Intrigued however, I asked the man what led to his conversion. He responded he had been converted in jail and had been released just a month earlier have fulfilled a lengthy jail sentence.

Thinking this was the end of my tour, I sought my manager to inform him that my potential customer was a NQ (not qualified). My manager advised me to proceed. “Proceed? Should I conduct a vacation survey? Will his income history be relevant?” Lisa questioned.

Alan and Debbie Callner and my husband and I sat mesmerized as Lisa shared other incredible and interesting timeshare stories with us as several sales agents filed past us with their potential customers following their Event of a Lifetime.

Alan and Debbie are one of thirteen Diamond Platinum members concerned with Diamond’s sales practices. Seven of the thirteen allege almost identical complaints all having taken place at Diamond’s Polo Towers or Cancun Las Vegas Resorts.

Inside Timeshare encourages our readers to report positive as well as negative timeshare experiences. Alan shared his check-in experience.

Alan was somewhat concerned about the check-in at Mystic Dunes after reading a post from a DRI Facebook Member who said she had been held captive for three hours at Mystic Dunes in a hard sell presentation to buy points after check-in.

In the Callner’s case, Alan and Debbie were whisked through VIP check-in. They were invited but not pressured to attend an update. In place of an update, Marcos came to their room with a gift bag chatting amicably about Orlando and local sites to visit other than the theme parks.

A non-invasive program for Diamond members who really have no desire or need to buy additional vacation points would be a real plus. We hope Alan and Debbie’s  comfortable check-in experience did not happen only because their account had been flagged as a member who filed a complaint with the Arizona Attorney General.

Alan and Debbie filed an AZ AG complaint alleging they had been sold 20,000 additional points by Rick Casper at Cancun Resorts in Las Vegas July 2016, convinced to buy an eighth timeshare contract because of a resale program that months later they found out was non-existent.

Allegedly, “Rick Casper told us we should contact him when we needed to sell points because he had people that would buy them. This was the only reason we upgraded from 30,000 points to 50,000 points. When we contacted Rick earlier this year, we learned from Dan Percy (Rick Casper’s immediate boss) that we could not have been told that and we might be able to sell them through a resale third party. We never heard a response from Rick Casper.”

“In addition, we asked Rick about combining our seven previous contracts into one contract covering all 50,000 points. Rick Casper (allegedly) advised us not to do so as it would be easier to sell smaller quantities of points and inferred he could do so easier having contracts in increments, as when someone wants to upgrade from Gold to Platinum requiring only 20,000 additional points.”

“The thought of being able to sell was a relief.”

Inside Timeshare has received 82 reader complaints. Some expressed only the desire to relinquish, but 53 Diamond members have alleged deceit and bait and switch. Of the 13 Platinum members, six filed almost identical complaints against Rick Casper. A report compiling complaints from all loyalty levels is being prepared. If the timeshare industry continues to deny problems on the front end of the sale, efforts will be directed towards regulators, politicians, law enforcement and the media. At some point the testimonies will be overwhelmingly compelling.

know your rights

The two timeshare owning families at our Mystic Dunes table owned timeshares for a collective 70 plus years. We all agreed, verified by Lisa, timeshare predatory sales and lending has escalated to a level never seen before, perpetrated by more than a few timeshare companies.

“No heat, no eat” is a mantra shared by the eight timeshare agents I interviewed who, at some point, decided their conscious would not allow them to stoop to the level necessary to exist in a timeshare world that has led to thousands of internet complaints and lawsuits.

We hope the new timeshare world order as described by RDO will migrate to America as the timeshare members Inside Timeshare has heard from, clearly feel America is nowhere near the hospitable and transparent timeshare world RDO describes.

In a way, we in Europe seem to be the lucky ones in the timeshare world, we have a system of regulation which is being enforced. It all started with the European Union bring out the first Timeshare Directives to protect consumers, although the industry did lobby for their own versions, the EU has continually strengthened them. Some countries have gone even further and added even stronger regulations, Spain in particular is leading the way.

Some of the regulations brought in and enforced by Spain include: Contracts no longer than 50 years; Floating Weeks and Points Clubs being outlawed; enforcing the 14 day cooling off period and the taking of any deposits even by a third party, within this period.

Another aspect Spain has included and is being used by the courts is the doubling of any payment made within 90 days, where the consumer did not receive all information required by law.

Timeshare could be a good product, but regulation is the key, for too long we have seen in Europe, resorts and developers running roughshod over consumers. Unfortunately we still do have some who only think of themselves, we have highlighted many of them within our articles in the past. The story of Mrs B and MacDonald Resorts, the recent story of the Ona Group at Los Claveles are just two. There must be change and the time for change is now.

HowTrueIsIt_Header_760x250

The RDO and a Selective use of a Spectator Article on Timeshare

Laura Whitcombe published in The Spectator the article: Timeshare? Think stylish getaways, not dodgy sales reps, on the 27 May. The RDO used it in their article of 23 June titled: Why Now is the Right Time to Reconsider Timeshare.

She actually paints a very nice picture of timeshare today as compared with the past, but how true is this?

In some cases it may be true, but for many the reality is somewhat different, there are still so many resorts that are clinging to the old ways, never allowing owners to surrender. Rising maintenance fees and generally treating owners with contempt.

the spectator

Yes, we have said before the concept of timeshare is a good one, but there are still many complaints about timeshare, this is borne out by the number of court cases that are currently underway. In the article she says that CAB has had only 11 complaints in March, but she also points out that they are to do with resale companies. It has to be remembered that CAB will refer anyone with a complaint about their own resort to contact them direct. So relying on figures such as this does not paint the right picture.

She also highlights a couple of timeshares, one is the Gleneagles Golf Complex, which to be honest is not what you could call traditional timeshare. One would expect that this prestigious club would be totally above board!

The other is 47 Park Street in Mayfair London (by Marriott), again not what you would consider traditional timeshare, especially as membership is between £118,000 and £270,000 with annual maintenance fees of between £7,000 & £8,000 per year, not exactly for us mere mortals!

http://www.47parkstreet.com/

47 park st

Another company she highlighted was the Club la Costa Yachts,with membership starting at £9,900 for this you receive eight sailing weeks over an eight year period. The cost is also huge, with £700 per person per week which covers meals, crew etc, but again there is an annual maintenance fee of £600 per sailing week. Not a cheap option for the ordinary folk.

The RDO are certainly using this article to their advantage, is it a case of, look even The Spectator says that timeshare is a good thing. They have been very selective in what they have used, the references to the timeshare directives and laws, which have been around for years. Yet in the past it has been the very members of this organisation that have failed to follow them.

If there has been no breach of legislation why is it that those very resorts are now having to payout large amounts in compensation?

As for the claim that timeshare is being sold with shorter contracts, well that is only because of recent court cases, where the Spanish courts have banned the perpetuity contract, these are still legal in many other countries. Yet what is being done about them?

Hilton, Gleneagles, 47 Park Street may be selling the 10 to 15 year contracts, but then these are responsible companies, not the old style timeshare resorts or developers, these are also being aimed at a different type of purchaser to standard timeshare.

So all in all, the article does not actually reflect reality, it is a journalist’s take on a different product to the one we all know and possibly loathe. Timeshare is on the defensive, the RDO is charged with putting a different “spin” on the product, with articles such as this trying to make it look appealing. Only time will tell!

For the full article follow the link, (you may have to register to read it).

https://www.spectator.co.uk/2017/05/timeshare-think-stylish-getaways-not-dodgy-sales-reps/

 

 

Angel & Devil

TATOC: The Fallen Angel of Timeshare.

TESS has published the court judgement in the case they brought against TATOC and Harry Taylor, this follows the publication by TATOC remarks made about TESS.

tess

Judgement against TATOC

TATOC accused TESS of running a cold call campaign and calling them a “scam” company, this verdict is very damaging for Harry Taylor and TATOC, which we know has now gone into administration.

tatoc logo

The trial took place at the Liverpool Civil and Family Court on 15 May 2017, the defendant Harry Taylor did not attend.

The court were satisfied that liability was established and that s1 Defamation Act 2013 test had been met. The court ordered the following:

  1. Judgement be entered for the Claimant.
  2. The Claimant is awarded:
  1. £75,000 by way of general damages to be payable forthwith;
  2. £100,000 by way of special damages to be payable forthwith;

The Defendant shall pay the claimant’s costs of and occasioned by the claim summarily assessed in the sum of £100,000 forthwith.

The court also stated that if the defendant disobeys the order they would be held in contempt of court and may be fined or have their assets seized.

So a very expensive day for TATOC. Well they did ask for it.

On Tuesday 16 May TATOC posted on FacebookTimeshare Association (Timeshare Owners and Committees) (“TATOC”) and its Chief Executive, Harry Taylor, have been subjected to many unfounded allegations in the social media and elsewhere to which neither TATOC nor Harry Taylor have responded, concentrating on the core business of TATOC which is to represent and protect the interests of timeshares and committees”.

Harry Taylor
HARRY TAYLOR

https://www.facebook.com/TheTimeshareAssociationTATOC/?hc_ref=PAGES_TIMELINE&fref=nf

This author posted several comments, which began a string of other comments, for some reason it is no longer on there, the only comment is from someone who say they met Harry and found him a gentleman, with Harry thanking him for his kind words!

This author stated that Harry Taylor was a former Director at Diamond Resorts European Collection Limited, his reply was he was never a director. Well according to company house records there was a Henry Taylor, along with the same birthday as Harry, could it be a twin brother? I think not, after all Prince Henry Windsor, is known as Prince Harry!

Henry Taylor
His Twin Brother HENRY TAYLOR

Then when we look at the director records of company house it lists Harry Taylor’s directorships, lo and behold Diamond Resorts European Collection Limited is listed along with his others including TATOC.

So apart from duping The House of Lords, Parliament, the EU, Citizens Advice and others into believing that he and TATOC are or rather were, the VOX POPULI of timeshare owners he denies the recorded fact he is listed as a Diamond director.

https://beta.companieshouse.gov.uk/officers/MRMXHV_gMruFstqlmrHwElEOnj0/appointments

https://beta.companieshouse.gov.uk/company/02930567/officers

So who do you believe?

The author also asked if Harry Taylor was such a champion of timeshare owners, why did he back MacDonald Resorts to the hilt when they “forced” fixed week owners into their points system, saying that it was the best thing they good do and it would be better for them?

Well we all know about MacDonald’s, this company has not been a member of the RDO since 2005, yet were a staunch supporter of Harry Taylor and TATOC. I leave it to you to decide why?

MacDonalds are one of the downright ugly as the late Sandy Grey would say in his piece “The good, the bad and the ugly of timeshare”.

Ugly is not really a word I would use, despicable is more like it with a few profanities thrown in. After all Inside Timeshare has been highlighting a case of an 87 year old lady who is house bound and being chased for maintenance she does not owe. This has been passed to debt collecting agency, Network Credit Services in Scotland and they are threatening to take her to court.

So that is that, if they don’t pay what the court has ordered, which given their present financial difficulties, could we see Harry and the other directors losing their personal assets?

siezed

Inside Timeshare looks forward to the next episode of TATOC: The Fallen Angel of Timeshare.

We welcome your views and comments, so do get in touch and share with the rest of the timeshare community who have been misled over the years.

 

out of business

TATOC: Is The End Now Upon Them!

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

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

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

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

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

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

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

Alberto-garcia-2
A Rare Photo of Alberto Garcia

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

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

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

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

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

tatoc logo    mcdonaldsresortlogo

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

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

task force
The Timeshare Taskforce

 

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

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

Since we went to press the NTOA are very surprised at this news, here is their response: “The NTOA has worked with TATOC in identifying a number of rogue resale and secondary market companies over the past several years. To that end, our staff has shared intelligence and best practices for consumers or foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.” 

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