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Redweek

The Tuesday Slot

Welcome to our Tuesday Slot, this weeks article by Irene Parker looks at a possible “Special Assessment” which may be levied against Diamond Hawaii Collection members and something she terms as the “Ping Pong Up-sell”. This is something we have heard about from readers on numerous occasions.

After our article yesterday on the “Fake” Procuradur and Lawyers, Inside Timeshare has already had several emails from readers who have thanked us for bringing this to their attention, they had been contacted by the “fake” firms mentioned and were almost taken in by them. Thankfully they decided to do a search on the internet and found previous articles as well as the one published yesterday.

This really does go to show how cautious you have to be when being contacted about your timeshare, the “pitch” is always very convincing and plays on the fact you will get back thousands. For many of these owners this is very tempting, as they tend to be elderly and can no longer afford the maintenance fees or even be able to travel.

Now on with this weeks article.

Beach Erosion in Hawaii and The Ping Pong Up-sell

By Irene Parker

December 11, 2018

I read a RedWeek post last week written by a Diamond Resorts member asking about a $6,000 special assessment they were told was to be levied against Diamond’s Hawaii Collection in 2020 due to beach erosion. Diamond sells their points as Collections, so there is a U.S. Collection, a Hawaii Collection, and a few others. The RedWeek post:

Has anyone heard of an upcoming assessment to repair the beach erosion? I recently attended an update meeting and was encouraged to get out of the Hawaiian collection. I was told that in 2020 owners will be charged an assessment to repair the beach erosion. My assessment was estimated to be around $6,000.

The poster apparently was attending a presentation on the U.S. mainland, because the sales agent told her she should not have purchased Hawaii Collection points due to the anticipated levy of a $6,000 special assessment.

As I was reading the post, my phone rang. Coincidentally the caller happened to be an ocean engineer who called because he was concerned that his elderly parents had purchased timeshare points, told if they did not give up their deeded timeshare with another company and buy points, their heirs would be responsible for the timeshare. This is a common complaint and almost always not true, but beyond the scope of this article. A recent article entitled the Heir Scare, our Halloween edition:

http://insidetimeshare.com/fridays-letter-from-america-27/

The ocean engineer’s professional opinion:

My suggestion would be to ask Diamond for documentation to support the additional charges. For instance, it is reasonable to ask if the funding is for future flood protection that might be afforded by a beach nourishment project. Alternatively, inquire if the money might be required to pay for damage that has already occurred to structures or to restore a previously eroded beach.  If the assessment is intended for a beach nourishment project, it is likely that arrangements are in place for cost sharing between local stakeholders and government entities. Participation by a state or federal agency is an opportunity for those impacted by the additional billing to independently verify the project cost. The cost and scope of government efforts are a matter of public record, and learning the particulars is typically as easy as calling the project managers. If difficulties are encountered, the public has recourse in filing either federal or state Freedom of Information Inquiries.

In addition, 2020 is too far out to predict with any sort of fidelity. Concrete financial planning numbers at this stage are unlikely. There is an effort to have cost sharing between stakeholders and the federal entities. I have not heard of a federal project in Hawaii. It could be state, but most major beach nourishment projects are underwritten in part by the federal government. I have not heard of a state paying for damages from a flood.  The member needs to know what the assessment is for, in more detail than just beach erosion. Is it for protection or for damage that has already occurred? One is flood damage expense, the other is flood protection afforded by beach nourishment projects.

As I understand it “water intrusion” would be the responsibility of the timeshare developer, as water entered the property. Beach erosion is a natural, or some say a climate change generated phenomena, with the responsibility most likely in the hands of the federal government, but possibly the state.

This switch from one Collection to another is a common complaint. It’s been reported so frequently I have termed it “The Ping Pong Up-sell.” Numerous members have reported that they were told they should have not purchased U.S. or Hawaii Collection points, depending on which side of the Pacific they are sitting. We have categorized about 400 of the over 500 complaints.

One former Diamond member reported that her Virginia Diamond sales agent showed them pictures of decaying Hawaii air-conditioners as the reason they needed to switch to the US Collection from the Hawaii Collection.  

Roy Simmons and his wife are in the painful and demeaning timeshare foreclosure process. Mr. Simmons is a Navy veteran, living on a letter carrier’s pension. Mr. Simmons switched back and forth from the U.S. to the Hawaii Collection, ending up with $2,700 a month in Diamond loan payments. In his YouTube, which has had over 2,000 views, Mr. Simmons explains the reasons why he switched from:

  1. The U.S. Collection to the Hawaii Collection, then
  2. About six months later after this switch, Mr. Simmons switched from the Hawaii Collection to the U.S. Collection. According to Mr. Simmons, the Florida sales agent asked, “Why Hawaii?” The sales agent said the interest on their loan payments should be about $200 to $300 less in the U.S. Collection because Hawaii has hurricanes, and in the past, damage from the hurricanes had been expensed to members. He said they might have to pay thousands in special assessments.
  3. About six months after that, they traveled to Hawaii and were asked, “Why U.S. Collection?” “It was true the interest on our loan payments did not decrease by $200 to $300 a month, only $20 to $30 per month, and because we purchased more points, we ended up with $2,700 a month in loan payments. We always enjoyed our Diamond points,” said Mr. Simmons.

Mr. Simmons’ YouTube:

https://www.youtube.com/watch?v=j_nca6lMA4U&feature=youtu.be    

Diamond’s Kauai Poipu Resort did experience water intrusion damage in 2012, which prompted a lawsuit filed by owners.

https://www.tripadvisor.com/ShowTopic-g60625-i1817-k5926954-Settlement_Reached_Between_Diamond_Point_at_Poipu_Owners-Poipu_Kauai_Hawaii.html

I asked attorney Mike Finn his opinion concerning special assessments of this nature:

I essentially agree with your engineer’s comments. The owners would be called upon for a special assessment if it was a water intrusion issue, as it would be assessed to them by the property owners association.

The legal issue regarding Poipu Point was the obvious mismanagement from the association’s management company in failing to prevent the water intrusion and/or failing to remedy the situation once it was discovered. The management company failed in its duty to pursue the insurance claim as well, perhaps realizing that their poor maintenance was probably the source of the problem and that was not covered by insurance.

As to the association’s responsibility for beach erosion, that would be quite a stretch and should be challenged by any board members not in the pocket of the developer. Maintenance of the beach should not be an association issue. That sounds like a salesman’s scare tactic.

As always, Inside Timeshare knows there are many Diamond timeshare sales agents that sell the product properly, and we hope the company will consider that Mr. Simmons may be telling the truth. We hear from senior after senior, contemplating foreclosure. I have listened to many tears.

Self-help timeshare groups we feel are not industry influenced and our mission statement:

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://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 Irene and also a big thanks to attorney Mike Finn for your contribution, we are sure that this article will be of great interest to many Diamond Members.

If you have any comments or wish to contribute an article, then contact Inside Timeshare, we would love to share them with our readers worldwide.

Have you been contacted by a so-called law firm or claims company with a story that your timeshare company has been or is being taken to court?

Have you been told that your name is on a list of creditors owed money which the court is holding, due to a purchase you made years ago?

If so, then use our contact page and let us know, be safe rather than sorry, get the facts before you pay any money. Do your homework, you know it makes sense.

Friday’s Letter from America

Welcome to this weeks Letter from America, today’s article is all about heirs inheriting your timeshare, with the introduction by Inside Timeshare’s very own Irene Parker, with contributions from Tom Tubbs of Island Consulting Realty and Mike Finn of Finn Law Group. This article will not only be of interest to our American readers but also to our European contingent.

But first Europe, news came in late yesterday of another High Court ruling from Tenerife against Silverpoint. Following a ruling against them at The Court of First Instance, Silverpoint appealed to the High Court. This court reaffirmed the previous courts verdict, consequently the original verdict has been upheld. The clients contract has been declared null and void due to lack of tangibility (a previous judge described it as “a bag full of smoke”), the client has been awarded over 24,000€ plus legal interest.

Again this is a case brought on behalf the client by Canarian Legal Alliance, these lawyers are just going from strength to strength.

After the article published yesterday about the “FAKE” law firm in Tenerife using the name of Mindtimeshare, another reader has sent in the following information on Abogados Litigación España  and JDD Juan Drimals Deolaro, which we highlighted on 22 October.

It is another “FAKE” compensation claim against Diamond, Grand Vacation Club and Sunterra, the Procurator fee was to be paid to one Ramon Juanca Comez in Tenerife who is also a “fake”. They also confirmed that a successful claim had been awarded amounting to 18,348€ plus 703€, obviously a “tax” of 20% would need to be paid before the court would release the money. Below are the bank details for the client to pay the procurator:

The Beneficiary  Ramon Juanca Comez

Address  C/Tortieras , Edif . Juntas , 323 Santa Cruz  38004 Tenerife 

A/C  IBAN … ES16 2038 9043 6060 0046 1027

BIC …..CAHMESMMXXX

Bank Address Avda.Santa Cruz 188 38600 Granadilla de Abona Tenerife

Now the address above is incorrect as this IBAN Number is the following bank in Valencia:

IBAN: ES1620389043606000461027  

BIC: CAHMESMM

Bank: BANKIA, S.A.

PINTOR SOROLLA 8
46002 VALENCIA

Branch number: 9043

SEPA Credit Transfer is supported.

SEPA Direct Debit is supported.

B2B is supported.

SEPA Instant Credit Transfer is supported.

 

Now on with today’s Letter from America.

Are Timeshare Developers the Pot Calling the Kettle Black?

The Heir Scare – The Same Scare Provided by a Timeshare Sales Agent and a Timeshare Exit Company Sales Agent!

A Second Warning We Wish We Did Not Have To Give

By Tom Tubbs of Island Consulting Realty

Following Phyllis and Marcy’s report

Introduction by Irene Parker

October 26, 2018

If Tom Tubbs Island Consulting Realty’s second warning wasn’t so sad it would be amusing. The most common complaint Timeshare Advocacy Group™ receives is:

“The sales agent said we had to give up our deeded week and buy points.”

The member, especially if a senior, is browbeat, told they have to give up their timeshare deed or they will be the last man standing, left holding the maintenance fee bag. Often the mostly bogus reason provided is that your heirs will be responsible for a deeded timeshare but not for non-deeded timeshare points.

The deed is usually paid in full, so by buy buying points via a loan, or charged to a credit card, the sales agent has created a liability when none existed. I’m not an estate planning lawyer, but I found this RedWeek post from a practicing estates lawyer:

To all those inquiring about your heirs being saddled with this albatross: I have been a practicing estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents.

stevenw on May 02, 2017 06:01 PM.

This is a complaint I read perpetrated by a timeshare sales agent falsely telling a deeded owner that she had to give up her deed or her heirs would suffer. Inside Timeshare previously published this account by Phyllis, age 67. She ended up representing herself in court and negotiated a lesser amount with the credit card company arbitrator. Following this scare offered by a timeshare sales agent, is the identical scare offered by a timeshare exit company sales agent.

What a timeshare sales agent told Phyllis (Unedited)

I feel I am a victim of fraud. I was asked to attend a breakfast to talk about upgrades on a timeshare I own. I was told it would last only 55 minutes. 4 highly pressured sales people took turns on me and held me for 7 hours, bouncing me into 3 different rooms. I told them I didn’t want it and that I already owned the timeshare over and over again. They said I have to buy into the new and I own my timeshare for ever, and that I could never get out of it. They said my Monarch timeshare went bankrupt and I had to invest with them or they would go after my children for payment. I had a panic stress disorder attack. I was tired and hungry.  I was tired. In order to get out of there I signed under dearest. I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. I received a letter stating the timeshare went into foreclosure. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please email me on what I can so as soon as possible. Thank You.

A pitch from U.S. Consumer Attorneys that Marcy submitted to Inside Timeshare which we previously published. Marcy called me the same day Phyllis did; both said they were having a panic attack over the result of their timeshare debacle. The timeshare exit company US Consumer Attorneys threatened Marcy as follows:

Louis S called me and said he was with US Consumer Attorneys Group and that he was calling about my timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the contract.  He said he is an attorney with US Consumer Attorneys Group. He said Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages.  He said Diamond would also take my Social Security payments and my retirement.

I have not paid my Diamond maintenance fees for about three years. I wanted to deed it back to Diamond but they would not take it back when I was not behind on maintenance fees. I tried to sell it but no one wanted it.

Given the fact that many exit scam artists are former timeshare sales agents, it’s no surprise they will take the deception with them when they leave their timeshare sales job and make the move to an exit scam. Not all exit companies are scams, but this Federal Trade Commission link listing scams cannot be posted to often:

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

Thank you once again Tom Tubbs for this important year end warning.

From Tom Tubbs at Island Consulting Realty:

A Second Warning We Wish We Did Not Have To Give

Hi Folks. So last week we warned you about “Exit” companies and this week we’re giving you a little bit of a different take on them. Why? We don’t want to beat a dead horse but it’s important that you do not fall victim to this. This time of year is when these companies get more aggressive in that they know your maintenance fee will be due soon and it’s a prime opportunity for them to pick your pocket. But first….Just what is an “Exit” company?

Well, these are the folks who “create” a problem that does not exist. This is a very common sales tactic with just about anything out there for sale or service. With timeshares, these companies create the VERY false impression that your timeshare is actually a burden instead of an asset. They give you the VERY false impression that you can’t sell it (although that’s what we’ve been doing for folks for the past 33 years….) and that when you die your kids will then be strapped with it (also false). Then they have a solution! (Of course!). Give them $3500 plus the deed to your timeshare and they’ll get you out of it. What great guys!

So in a nutshell what you have here is a company creating a problem for you that minutes earlier you did not know you had, and then solving that problem for you by you giving away your timeshare and your money! Problem is, for many of these companies it’s all one big fat lie; as the following story will tell….

Orlando woman says timeshare exit plan was all a lie

American Consumer LLC charged thousands then filed

Chapter 11 bankruptcy

ORLANDO, Fla. – Lisa Eller, a timeshare resort customer for 18 years, is convinced American Consumer LLC never intended to negotiate an exit from her resort contract despite promises from then Chief Operations Officer Cory “Hubb” Hubbell, that he could get it done.

    “He’s a smooth salesman; he seemed like he knew what he was doing,” Eller said. “He said, ‘It takes us about 12 months to work the program.'”

 Eller and her husband agreed to pay $2,350 for the program but just this week discovered no one from the company, aka A Consumer LLC, ever contacted her resort.

“They present themselves as people who have contacts at these resorts,” Eller said. “Our contract was paid in full; we were just paying maintenance.”

The last time Hubbell spoke to Eller was in March, according to Hubbell’s Facebook account, he left the company in May. Eller’s attorney, Jennifer Beaman Clark, told News 6 that when she advised the resort representative that her clients had been trying to resolve this for a year she was told, “It was the first time they had been contacted about the account.”

 According to records obtained by News 6, American filed Chapter 11 bankruptcy on Sept. 9. The registered agent, Brevard County Attorney Michael Sarocco, said he would try to help consumers who wanted to get their money back but that he had no official ties to the company. In an email to News 6, Sarocco wrote, “I no longer represent the company and do not have authorization to make any statements on their behalf.”

A review of state records shows Saracco was the registered agent for American Consumer Credit LLC along with another 12 companies all linked to the same manager: Dana Micallef. Micallef started the company in 2011 and, according to state records, lives in Daytona Beach. Still, it appears he has been calling customers from a New York area code.

Rebekah Nelson hired the company last September and agreed to pay $2,800 to get a release from a timeshare in Vista, California. Nelson told News 6 a man she believes to be Micallef, asked her to wire $700 to continue the contract. “They block the consumer from talking to the timeshare so you don’t know (American) is not doing their job,” she said.

Nelson is convinced there are dozens of victims who fell for the same scheme.

News 6 found a website that explained how the company claimed to complete the exit:

“When you enter into the contract termination process with Aconsumercredit™, we start to permanently remove your timeshare contract burden. No more fees. No more payments.” Nelson said she was told to stop paying her timeshare fees and that is when her credit was ruined.

If you believe you are a victim of this company, contact Mike Holfeld at [email protected]

For more information, contact attorney Saracco: [email protected]

See you next week!

Tom Tubbs, Broker, R.N.G.

Island Consulting Realty

800-809-6020 or 941-922-3808  www.TimeSharesToGo.com

Senior Licensed Real Estate Specialist

Co-Founder: Licensed Timeshare Resale Brokers Association

Board Member: Florida Timeshare Owners Group

Doctor of Funology

Related articles:

By Mike Finn of Finn Law Group:

How Can I Eliminate my Timeshare Liability for my Heirs?

https://www.finnlawgroup.com/eliminate-timeshare-liability-for-heirs/

Timeshare self-help groups:

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 to Irene, Tom and Mike for your contribution this weeks, we are sure this will be of great interest to all timeshare owners on both side of the “Great Lake”.

If you have any questions or comments on any article published, please use our contact page and get in touch, we welcome your input. If you need to find out about any company that has contacted you or you have found on the internet then get in touch and we will help you find out if they are genuine and trustworthy.

Friday is upon us and the weekend beckons, we hope that you all have a great one and just relax, join us again next week for more on the murky world that is timeshare.

The Tuesday Slot with Irene

In this weeks Tuesday Slot we welcome a new contributor Karen Krokosh, but first a quick look at what has been happening in Europe especially in the courts.

The year has certainly not started well for the timeshare industry, the first week of January has seen the Supreme Court in Madrid rule on 6 occasions against Silverpoint from Tenerife.

This court has declared these six contract null and void as they were over the 50 year period allowed by law, what is known as perpetuity, they also contained the points or floating weeks systems.

tribunal-supremo

The court also reaffirmed the position of the taking of any payment within the given cooling off period, even if taken by a third party as prohibited. This cooling off period was introduced to protect consumers and allow them to decide whether they wished to continue with the purchase, as these are usually made as decisions on the day.

The total amount the court has awarded in these cases is a staggering 321,274€ with legal fees and legal interest.

In another case against Silverpoint, the High Court in Tenerife has ordered the return of over £31,000 plus legal fees and legal interest to a British client. Again the contract was declared null and void as it contained the points or floating weeks system.

In the Court of First Instance at Maspalomas, another British client has been awarded over £19,000 plus legal fees and legal interest, with the contract being declared null and void. In this case the contract was sold by Anfi and was for a duration of over 50 years, which is not allowed under the Spanish Timeshare Law 42/98.

All these cases have been brought on behalf of client by the law firm Canarian Legal Alliance, so contrary to what the timeshare industry is is saying, this law firm is doing what it says and winning on behalf of their clients.

As they say the proof is in the pudding!

On with this weeks Tuesday Slot.

Sell My Timeshare Now,

A Timeshare Listing Service for Buyers or Sellers

Diamond Member Karen Krokosh Issues a Warning

face1

By Inside Timeshare Contributor Karen Krokosh

Comments about SMTN follow Karen’s article

January 9, 2017

I responded to a Sell My Timeshare Now (SMTN) solicitation. Not only did the company over promise the ability to sell Diamond’s non-deeded U.S. Collection points, they told me they could help me recoup expenses by renting my points. DRI does not allow renting through a third party site. As a resource for timeshare members, SMTN should abide by Diamond’s official rental policy by not accepting rental listings. Here is the current DRI rule:

2.5.1 A Member is not prohibited from periodically renting the Accommodation reserved for the Use Period or the reserved Other Redemption Opportunity pursuant to these Club Rules.

However, the use of Points to reserve Accommodations or Other Redemption Opportunities for commercial purposes or for any other purpose other than the personal use of the Member or the Member’s family and guests is prohibited. Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.

Members who are primary developers of Club Resorts (that is, members of the Diamond Resorts International group of companies) and providers of Other Redemption Opportunities are specifically exempted from this restriction, and are entitled to use their reserved Accommodations and reserved Other Redemption Opportunities for promotional, rental, or other commercial purposes.

Diamond is not the only timeshare with little or no resale value. While some timeshares like Disney, Hilton and Marriott can be sold, it has been widely reported Diamond’s non-deeded points are especially difficult to sell. I contacted a few members of the Licensed Timeshare Resale Broker Association. Not one would accept a DRI listing, feeling the restrictions the company places on the use of secondary points are too severe.

http://www.licensedtimeshareresalebrokers.org/

SMTN agent Sandra Van Lanen suggested a list price of $12,000 for 3,000 points. We paid about $12,000, so in no way was that price realistic as I dropped my price from $12,000 to $7,500, $5,000 and $1,000 with no offers. What was SMTN’s response? They said, “It takes time.” There are about 15,000 Diamond Resorts members on a variety of Facebooks and websites and I’ve learned many of them would be willing to give away their Diamond points. I would have been laughed off these sites posting these ludicrous amounts. I am committed to exposing this company and others that are taking advantage of those already burdened by loan payments and maintenance fees.

Here’s what I paid SMTN:

The original “Advertising and Marketing” product was priced at $1,798. I was given a discounted referral of $1,498 USD, but paid initially a deposit of $699, agreeing to pay the remaining balance of $799 when the timeshare sells. Since that is never in almost all Diamond cases, I decided to cancel the lifetime listing. When you cancel, SMTN has the right to bill you for the remaining balance.

promotion

I have also learned many of the listing and resale companies are staffed by former timeshare executives and sales agents. Some are legitimately trying to help those desperate to get out of their timeshare, but others prey on the desperate. This is a Department of Justice report about timeshare resale and release scams:

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

Many timeshare buyers report they were sold a timeshare by deceit. I looked up the definition of racketeering. While timeshare exit plans are not violent crime against property, I see a similarity. The sales agents who sold us the problem are now the ones coming around to “help” us. “A common example of a racket would be if a group of people cut the tires of cars on a specific street, and then that same group, or one in concert with the one cutting tires offered ‘protection’ to the owners of the cars for a price. This fits the definition of a racket because without the organization’s slashing of tires in the first place, the demand for ‘protection’ would be low or non-existent.”

https://www.investopedia.com/terms/r/racketeering.asp

I have been trying to get rid of this timeshare for years. I was so relieved to find the member sponsored Diamond Resorts Advocacy Owners Facebook where I learned that Diamond has launched a new program called Transitions and from what Inside Timeshare told me, I am eligible! I am hopeful, waiting to hear back.

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

Comments about Sell My Timeshare Now by Irene Parker

After Friday’s article about the importance of Better Business Bureau ratings, I checked the SMTN BBB rating. My red flag was raised when I learned Karen paid up front money to list her Diamond points. Accepting upfront money to sell your timeshare is illegal in Florida, but it seems companies can work around the law by calling it an ad or subscription fee, or a market analysis.

http://insidetimeshare.com/fridays-letter-america-31/

SMTN has been sold twice since 2010. Scott Roberts is the owner of Vacation Innovations and SMTN is a wholly owned subsidiary of V.I.

The BBB has assigned SMTN a D rating. I called SMTN and talked to Mike. The first question I asked Mike is, “Can I rent my DRI points through SMTN?” Mike said renting DRI points is no problem. When I informed him DRI does not allow the renting of points through a third party site like SMTN, Mike said he would have someone from legal call me. We did not hear back. Irina Allen is one DRI member who had her Diamond account suspended, accused of renting points on RedWeek.

http://insidetimeshare.com/monday-start-another-week/

This is what BBB notes on SMTN, providing a good example of how the Better Business Bureau can assist consumers by providing important information.

According to BBB files this company has a pattern of complaints that centers around the company’s advertising claims. Complainants allege they are guaranteed a time frame in which their timeshare will sell. Many consumers allege the company makes a promise that their timeshare will sell quickly. The company responds to the complaints and reiterates the company policy which reads the company does not guarantee when a timeshare will sell.

On March 23, 2016 BBB reviewed the complaints on file and determined the pattern described above has not been eliminated. BBB sent a letter to the company requesting cooperation in responding to and eliminating the pattern of complaints.

BBB received a response from Sell My Timeshare Now (SMTN) who addressed concerns raised. SMTN has introduced a video that consumers are encouraged to view that clearly outlines their services. In their business model explanation SMTN says that: “…SMTN never promises buyers are waiting; does not request wire transfers, greendot moneypak payment or purchase of prepaid credit cards; does stand behind the services it promises and always strives to deliver excellent service to all of its clients”… Additionally, SMTN hired a law firm to review the complaints and details surrounding each one. This review of these recordings has shown that the communications between SMTN and individual consumers (when they are available) has been shown to differ. SMTN has also instituted training for salespeople. They are to only make promises that are consistent with the guarantees and promises made by the company in writing. SMTN is recording calls made by their sales people to confirm the training is being followed. SMTN now has a policy for their salespeople who consistently fail to comply with the training which results in their dismissal from the company. Finally, they informed BBB that they will be further training their customer care employees to offer to help earlier in the process and be sure to make certain the consumer is satisfied with the resolution.

On December 5, 2017 representatives of SMTN met with the BBB to update us on improvements they are making to their organization. They have taken steps toward improving customer service by hiring a new Customer Service Manager. They have put in place an “audit group” that will contact consumers on the day they sign the contract with SMTN and then again 90 days out as a way to ensure customer satisfaction. It is anticipated that by proactively working with their customers, the number of complaints will be reduced substantially. BBB will work closely with SMTN to follow their progress and to continue to address any complaints that may come in.

Consumers are, once again, requested to contact SMTN prior to filing a complaint with BBB at 1-877-815-4227.

This Business Is Not BBB Accredited

Sell My Timeshare Now, LLC

D

Customer Review Rating:

35%

62%

[12] Positive Reviews

[1] Neutral Reviews

[21] Negative Reviews

[34] Total Customer Reviews

[107] Total Customer Complaints

Composite Score:

Sell My Timeshare Now, LLC has received 1.93 out of 5 stars based on 34 Customer Reviews and a BBB Rating of D.

This content is provided by the business and may contain advertising. BBB does not review or endorse this content.

https://www.bbb.org/concord/business-reviews/timeshare-resale-and-rental-marketing/sell-my-timeshare-now-in-portsmouth-nh-92008632/Alerts-and-Actions

According to a post found on RedWeek, published on the internet, SMTN does seem to charge a considerable upfront fee. A member had asked whether they should buy timeshare points through SMTN.

Good question. Here is the straight scoop:

ken1193

1 month ago

Sometimes you will find a timeshare of interest on the SMTN site which may be available at a price acceptable to you. HOWEVER, you will have NO say or ANY choice regarding the “closing” entity. Closing costs through SMTN are quite excessive — multiple times the cost of customary and usual closing costs. You have no option to conduct a SMTN transaction “in person”, but that is the case in most any resale timeshare transaction, so SMTN is not unique in that regard. It would frankly be both highly unusual and entirely unnecessary to conduct a resale timeshare transaction “in person”. Objective, third party “closers” who have no association with either buyer or seller (not an available option via SMTN, unfortunately) look out for the interests of BOTH buyer and seller, holding all funds in escrow until closing if necessary. This obviously eliminates any need for any travel or physical presence by either the buyer or the seller just to “close” on a resale transaction.

With SMTN, you essentially have to determine ALL of the collective costs as a buyer and then ask yourself if that bottom line figure is acceptable to YOU to acquire that particular timeshare listing, despite the exorbitant closing costs. Far more often than not, the answer will be NO, but there are (relatively rare) exceptions. In all fairness, in the performance of your due diligence you really have to look at the big picture and ask yourself if the TOTAL expenditure involved justifies acquisition of that particular timeshare for YOU. You obviously first need to accurately determine the bottom line total figure before you can possibly make that fully informed evaluation and personal decision.

SMTN of course has nothing whatsoever to do with maintenance fees, regardless of the resort involved. Maintenance fees are determined only by individual resorts — and they are engraved in stone. That said, I would certainly want to verify the accuracy of any figures SMTN indicates as maintenance fees. This is very easily done by contacting the resort directly for confirmation of any figures claimed by SMTN in their listings.

Last edit by ken1193 on Nov 28, 2017 05:27 AM.

https://www.redweek.com/forums/messages?thread_id=14010;page=last

Keep calm Homework

Thank you to Karen for her advice! We look forward to hearing more from Karen as our first new Inside Timeshare contributor of 2018.  Contact Inside Timeshare or one of these member sponsored U.S. timeshare groups if you need help with a timeshare. It can save you money.

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/

If you require any information regarding this article or any other published on Inside Timeshare, please use the comments or contact form and we will get back to you. If you are considering using the services of any company and are unsure of how to check them we will also be pleased to help.

 

The Tuesday Slot with Irene, Plus some news about Butlins.

In this Tuesday’s article by Irene Parker, she explains how timeshare members fight back, this is a rather timely piece as we have recently received some disturbing news. It would appear that not is all well at Butlins.

In previous articles we praised Butlins Blueskies timeshare as one that was sold correctly and seemed to have very few complaints from members. That had now changed, Butlins is ending Blueskies.

blueskies

According to some of the posts on the Blueskies, Butlins, members facebook page, members are not happy about losing their timeshares. They were told that if they did not accept the offer to terminate the club, then their maintenance fees would rise significantly.

According to some of the posts on the facebook page, Butlins have also been hiring out apartments to non members, which goes against what they were sold. One member posted the following:

“Blueskies was sold to most of us as an exclusive club, it was not to be hired out. Therefore Butlins Blueskies broke the contract with us as members when they started hiring apartments out without asking/informing us the members.”

It also looks like there are many complaints about the standards of the apartments and the service, that everything seems to have gone down hill. Repairs not being carried out, with comments on damaged floor tiles and windows.

But the vast majority of the comments surrounded the vote, which gone in Butlins favour and the club is to be wound up. It also appears that the vote was done on points, rather than just votes, the more points, the more votes. Which makes the vote in Butlins favour not surprising, as they will own the points not sold. We have seen this before at other timeshare resorts, where the vote has gone in favour of the developer or management company.

Many members are calling to band together and take legal action, as they feel they have been cheated. It is a sad day when a company like Butlins, which did have a relatively good reputation in the timeshare industry suddenly falls from grace. We wish the members all the best in their fight to right a wrong.

Follow the link to the Blueskies Facebook page:

https://www.facebook.com/search/top/?q=Blueskies%2C%20Butlins%2C%20members

Now on with Irene’s article.

Lions and Cats

How Timeshare Members Fight Back

Lion

By Irene Parker

October 17, 2017

A timeshare insider recently asked me, “Why is Timeshare Advocacy Group™ so successful?”  “How do you do it?”

Most timeshare members contacting Inside Timeshare and timeshare advocacy Facebook pages are confused, angry, and overwhelmed. Members face a battle pleading with a timeshare company, demanding a refund or loan be cancelled, knowing they may be forced into foreclosure if they are denied. If the member feels they were sold or up-sold by deceit, the conflict is magnified. The automatic denial from the resort leads to more anger and frustration as rebuttals ensue. We take pride in the number of members we have steered away from fraudulent transfer companies charging hefty amounts for so called guaranteed exits.

The predator turned prey

Something clicks inside a person when they have had enough, be it a victim of domestic abuse, child abuse, or predatory timeshare sales. Our goal is to turn the sound of the caller’s scared and desperate voice into a confident voice by providing the member with the resources needed to take action and advocate.

Three of Timeshare Advocacy Group’s leaders

3 trees

Irene “Irina” Allen is our Timeshare Advocacy Group™ administrator

http://insidetimeshare.com/monday-start-another-week/

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

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

Eron Grant is an educator who has volunteered to be our “go to” person analyzing ARDA’s Code of Ethics. After a member submits a report to us, Eron identifies how a timeshare developer has violated ARDA’s Code of Ethics. The report is forwarded to ARDA’s General Counsel and Lobbyist. So far there has been no response. We feel if an organization says they have a Code of Ethics, the Code should be enforced. Here is how Eron describes how ARDA’s Code of Ethics was violated in the case of her family. ARDA stands for American Resort Development Association. The code can be found in Eron’s article.

http://insidetimeshare.com/fridays-letter-america-14/

Advocacy groups have been encouraging timeshare members not to make a voluntary donation to ARDA ROC, feeling the $4 to $5 million a year raised is used to lobby against timeshare owners when an issue is at odds with developer interest. It’s doubtful most owners know what the letters ARDA ROC stand for.

“Owners donated $5.5 million this year, through voluntary contributions on their maintenance fees, to support ARDA-ROC, the independent Resort Owners’ Coalition that teams up with ARDA on consumer and legal issues that impact owners. The top two givers were owners at Diamond Resorts and Bluegreen Vacations, each of whom contributed $1 million for ARDA’s representation.” RedWeek April, 2017

According to Dr. Amy Gregory, University of Central Florida, who presented at an ARDA World Conference,

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

ARDA worked to pass legislation in Florida making it more difficult for timeshare members to be released from contracts due to non material errors. A high percentage of buyer’s remorse, coupled with a perpetual contract, little or no exit, and rising maintenance fees have left frustrated timeshare members no place to turn in an industry that is virtually unregulated. Lawmakers, influenced by lobby dollars, turn a deaf ear. Advocacy groups were outraged by the Florida bill.

https://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Karen Garello

Karen Garello is our Secret Shopper coordinator. Karen is one of several members who allege they did not know, until they returned home, a credit card had been used to purchase a timeshare product. Marsha Young also was unaware she had been charged for the same timeshare product, but Marsha received her money back, told the person who sold it to her had been fired. The resort said he had been the top selling agent of this particular product.

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

Inside Timeshare and Timeshare Advocacy Group™ developed a step-by-step plan a member can follow if a resort offers no assistance. Through regulatory filings and media outreach members are helping other members while also contributing to timeshare reform. Other advocates, working behind the scenes, focus on legislative actions. Time, patience and diligence are necessary.

Many of the members reaching out to us have health issues. Out of 166 complaints received, diagnoses include cancer, dementia, concussion, kidney disease, Bell’s palsy, financial loss caused by loss of employment or divorce, and grief over the loss of a spouse or loved one. Developer attorneys say hardship is not a legal defense.

Many life events cannot be foreseen, so consumers thinking about buying a timeshare need to think about whether it is prudent to buy anything for $25,000 to over $500,000 that does not have a secondary market, is perpetual, and is accompanied by rising maintenance fees. Some timeshares have a limited secondary market. Members of the Licensed Timeshare Resale Broker Association can give you an idea of what your timeshare may be worth on the secondary market.

http://www.licensedtimeshareresalebrokers.org/

Inside Timeshare has received many complaints (157 out of 166) by timeshare members alleging they were deceived on the front end of the timeshare sale. We are learning there are many ways to dodge the rescission period.

Timeshare member Tammy Arkley only realized this happened to her because she was able to access the booking site because her friend was already a member at a higher loyalty level. Tammy said she was told she would need fewer points to book stays if she upgraded to the next loyalty level, but when she went back to her room and logged onto her friend’s account, already at that loyalty level, she saw the reservation took the same exact number of points. She received her money back, but what did this experience do to change the image she had of this company?

In other words, there are some promises and claims that cannot be discovered until the buyer has access to the booking site, long after the cancellation period.

Similarly, others have been told they would need to wait six months before selling points after upgrading to the next loyalty level. By placing a six month wait on the false claim, the complaint is old when reported. Too many of our readers are highly educated professionals and were not alone when they attended the presentation. There are so many almost identical complaints – we can sometimes guess the name of the sales agent.

Timeshare members have had enough. Social Media now allows timeshare members to contact other members to find out they are not alone. Members include professionals offering their skills to help other members. We are hoping one day, if the timeshare companies themselves will not acknowledge the problems, lawmakers will pay attention.

My husband Don, and first read editor, asked me as I was writing this article, “Why does Disney have so few complaints?” Disney, I said, is a company backed by generations of little critters enmeshed in a corporate culture and brand that will not allow deceit but does allow a secondary market. It does not seem to have hurt their bottom line. Zacks estimates a year over year growth estimate of 11.27% forecasted for 9/20/2018 with an impressive 1.66% allowance for doubtful receivables 10/1/2016.

https://www.zacks.com/stock/quote/DIS/detailed-estimates

Walt Disney Co.’s allowance as a percentage of current receivables, gross declined from 2014 to 2015 and from 2015 to 2016.

 https://www.stock-analysis-on.net/NYSE/Company/Walt-Disney-Co/Financial-Reporting-Quality

Bad-Debts

Contact Inside Timeshare to share your news and views or one of the available self-help groups. Our success is not measured in dollars. While many have received resolution or refunds, relinquishments, or loan cancellations, others brace for foreclosure. It’s about the “3Rs or F of Timeshare” – getting a bad decision in the rear view mirror supported by other members who care and bring their expertise from all walks of life into our Timeshare Advocacy Group™.

create

 

 

 

 

 

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

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

We now share some more news from the courts in Spain, the High Court in Tenerife yesterday announced another crippling verdict against Silverpoint. The judge has declared another client’s contract null and void, ordering the return of over £40,000 plus legal interests. Once again the courts are finding in favour of clients as per the rulings of the Supreme Court.

So no matter what the industry claims, they are losing the battle, consumers are protected by the law, at least as far as timeshares sold in Spain are concerned. It now needs the rest of Europe to follow suit, giving the protection that the EU Timeshare Directives promised. The industry must acknowledge the fact that they have for too long run roughshod over consumers in their quest for easy money.

 

Friday’s Letter from America on Thursday

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

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

beer

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

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

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

contribute

Update from Europe

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

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

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

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

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

stop think proceed

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

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

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

Canarian Legal Alliance and Inside Timeshare

The meeting of minds

Irene with CLA
Irene Meeting with CLA Staff Sept 2016

By Irene Parker

October 5, 2017

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

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

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

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

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

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

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

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

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

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

admin lady new

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

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

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

Charles Irene

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

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

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

globe

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

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

Have a great weekend

cartoon-airplane

Friday’s Letter from Australia

We start September with another Friday’s Letter from Australia, just to give our American cousins a rest. Today Justin Morgan, looks at the the role private equity plays in timeshare, with the introduction and comments by our very own Irene Parker. But first a little from Europe.

europe

Earlier in August we said that it tends to be a quiet month, well this was not the case this year, as our roundup of the month article yesterday showed. We also mentioned that September usually sees the start of new companies, changes of name or even resurrected ones. Well they have started to surface already.

Doing our usual daily rounds of the internet, one site, mindtimeshare, since the beginning of August has published the names of 6 that have come to their attention. 3 of these were published yesterday. We begin with:

Appointing Consultants, with the following website, which was only registered on the 14 August, as usual, the registrant is hiding under a privacy service.

http://appointingconsultants.co.uk/

According to the website, they are a company that offers the following services:

  • Appointment Setting; We can provide your business with qualified appointments for your sales team.
  • Lead Generation; We can offer bespoke leads from both websites and telemarketing operations.
  • Customer Service; Create the best customer services team for your business.
  • Online Marketing; Run an online marketing campaign. We can help you with SEO or e-mail campaigns.
  • Data Sourcing; Source the best possible data to make your business thrive.
  • Sales Training; Teach your team with one of our professionals to be the best. (Their spelling mistake)

The thing is they are informing timeshare owners that they have grounds to make a claim, which for a telemarketing company making appointments for another company is a little worrying.

They also do not appear on any company house records.

The next one is Barlow & Scott, with the telephone number 01904 501 389 which is a York number. When checking on who is calling, one name comes up First 4 Legal, there was a company of this name registered in London, but it was dissolved in February 2012.

There is no mention of a website and they seem to be contacting Club Class members, stating that they are a solicitors office and that there is money being held for the client by the courts in Spain!

They claim that the purchase of membership was never completed as the client never had an NIE Number, no problem for £500 we can get this for you then you can get your money back.

This is however untrue, you do not need an NIE number unless you are going to live in Spain or for any of the following:

  • Open a bank account
  • Buying, selling or insuring a property
  • Arranging a mortgage or credit
  • Pay taxes
  • Being employed
  • Registering with employment agencies
  • Registering to study
  • Applying to start a business
  • Registering with social services, receiving social security benefits
  • Applying for a driving licence
  • Inheriting assets

The NIE is a Spanish Tax Number for foreigners. So beware these types of claims.

The next is called Stapleton Consultancy. Once again they claim that the Spanish courts are holding money owed to the consumer from a previous fraud. Now to get this money paid out Stapleton Consultancy will need to be paid in order to do the work. There are no contact details available, so very little is known.

There is a company called Stapleton Consulting Limited, but they are chartered building surveyors, so absolutely nothing to do with timeshare. As and when new information comes to light, we will publish it here.

This really does show that you must do your homework before dealing with any company that calls you out of the blue, especially when they inform you that you have a payment waiting to be released by a court!

homework1

Just to finish off the month of August, Canarian Legal Alliance announced yet another sentence from the Court of First Instance in Maspalomas, once again it is against Anfi, who still deny that they have any cases against them.

In this particular instance the court declared the contract null & void, the infraction was again a contract over the stipulated period of 50 years. The court awarded this consumer over 23,000€, they also awarded over 4,000€ as double the amount that was taken as a deposit within the mandatory 14 day cooling off period.

If August was a quiet month, what will the next few months bring? Keep an eye on these pages and you will see.

So here we go to the land down under and this weeks article from Justin.

What Role Does Private Equity Play in Timeshare?

we the corporations

By Justin Morgan

Introduction and comments by Irene Parker

September 1, 2017

Private equity firms, traditionally providing capital to fund high growth start-ups, may be shortchanging timeshare consumers in their quest for returns typically targeted to reach higher returns than those of the public market.

Timeshare in general has been facing increased pressure due to overly aggressive sales tactics. This warning about escalating default rates was published February of this year by American BankerDiamond Resorts and Wyndham under pressure due to aggressive sales tactics. Wyndham is a publicly traded company. Diamond is owned by private equity firm Apollo Global Management.

Diamond Resorts ABS under Pressure from Company’s Sales Tactics

https://asreport.americanbanker.com/video/diamond-resorts-abs-under-pressure-from-companys-sales-tactics

The question is – how are higher returns for private equity investors won?

Is timeshare even an appropriate venue for private equity investment? Can higher returns be earned without strangling the timeshare consumer with excessive maintenance fee increases, reduced availability and other unsavory tactics driven by such demands?

Former Diamond CEO David Palmer explained this concept to investors at a September 2014 conference, according to a transcript, “Anything that is put in the budget that gets expended on an annual basis, we get our 15 percent fee, That is basically a 100 percent profit business.”

Meanwhile, timeshare members received this notification:

“Timeshare owners of the Grand Beach Resort, a 192-unit property in Orlando, Fla. … learned in a letter in September that their annual maintenance fee would rise 14.9 percent this year.”

I asked Advocate Justin Morgan, our Australian Contributor, his thoughts:

This is the ‘Super Profits’ issue that I questioned years ago… I pointed out that retail prices for vacation points were sometimes four to six times retail value across Asia and Australia. But the real focus involves turning vacation ‘currency’ into more fiat currencies at super profit level. In my opinion, they are not interested in member value at all. It’s an early version of cryptocurrency! My sentiments are no different today…even worse.

In my case, I found my Diamond Resorts account terminated for renting, although my contracts clearly gave me in writing the right to rent. If they changed the rules, that’s unfair, but virtually all timeshare contracts state the rules can be changed at any time for any reason.  It is now apparent we were ‘all-in’ against the Vegas House that takes all it can get.

Irina Allen agrees. Irina is a professional who ended up with 139,000 Diamond points alleging she was up-sold to that level by deceit. Inside Timeshare previously reported on how Irina’s account was suspended for posting one ad on RedWeek. Rental ads for Diamond points on RedWeek abound.

http://insidetimeshare.com/monday-start-another-week/

The timeshare point’s product is a cryptocurrency that offers no backing other than your promise to keep paying ‘whatever it is this year’ maintenance fee increases. Some timeshare companies force maintenance fee increases for any reason…They can then pick up default points.

Timeshare developers pocket millions and millions this way. Most members are not allowed to leave. It’s like ‘Hotel California’s’…you can check in anytime you want, but you can never check out.

“Last thing I remember, I was

running for the door

I had to find the passage back

to the place I was before

“Relax, “said the nightman,

“We are programmed to receive.

You can check-out any time you like,

But you can never leave!” The Eagles

It doesn’t matter much whether they are public or private, though I feel private equity firms have far less scrutiny. The problems lie in the legal structuring of these entities, and how they can basically bill members for whatever tab that they find is allowable. If they control the HOA, and therefore budget approvals, the rest of the structure is usually just a financing and ‘dividend’ pay out model. Wages can be like a hidden dividend, if they are simply looking to pull money from members over to those they seek to pay out:  i.e. usually management, vs the actually financiers, who are often at the back of house in the financing structure.

In my opinion these private equity firms are targeting the timeshare industry now because they understand that they can raid them by simply jacking up maintenance fees by 20%, or even their required rate of 30% return, by simply hiding cost allocations within their structure, or simply paying their executives directly from the Club. There’s no stopping what they can do under some structures. It is a license for them to take what they want.

dollar man

As reported by Business Wire, “A class action lawsuit has been filed against timeshare developer Diamond Resorts International, timeshare owners associations Bali Condominium Association and Parkway International Owners Association, and auditor RSM U.S. L.P. alleging breaches of fiduciary duty, breach of contract, and professional negligence over billing practices for maintenance.”

The plaintiffs allege that the language addressing maintenance and management fees in the condominium association’s governing documents were outdated and ambiguous. The outdated language allowed the defendants to include subsequent amendments to:

  • Charge inappropriate maintenance fees.
  • Inflate management fees.
  • Hide inappropriate fees.
  • Charge costs unrelated to the maintenance and management of the timeshare development including an “indirect corporate fee.”

http://www.businesswire.com/news/home/20170629005705/en/Finn-Law-Group-Files-Suit-Timeshare-Maintenance

Bluegreen is exploring a possible Initial Public Offering. I asked Bluegreen member and Economics Professor Michael Nuwer if Bluegreen BBX Capitol falls into this private equity category.

http://www.otcmarkets.com/stock/BBX/news?id=167811

BBX Capitol is not a private equity firm. Alan Levan has had a significant ownership interest in Bluegreen since at least 2008. Something like 85% of BBX revenue and 75% of their income comes from Bluegreen.”  

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What falls from the mouths of timeshare company public relations departments in their message to the investment community often sounds like a foreign language to beleaguered timeshare members. New York, Tennessee, Colorado and Arizona Attorneys General settlements against timeshare companies are but the tip of the iceberg.

Thank you Justin, we look forward to more from our Australian cousins and your insights into this worldwide product called timeshare. No matter where you are, the story seems to be the same, you are the UP’s, you have the money and we will take it from you, but give you nothing but hassle in return!

It now just leaves us to say thank you to all who contribute to Inside Timeshare, a very big thank you to all the volunteer advocates of our advocacy group, who do a splendid job of helping others with their problems. Have a great weekend and we’ll be back again next week with more from the murky world of timeshare.

BBQ chef

 

Friday’s Letter from America

It’s Friday! Time for another Letter from America, this week one of our advocates writes an open letter to an industry advocate, Irene Parker provides the introduction, but first some news from Europe.

Those nefarious fake lawyers from Tenerife are at it again with another new twist to secure your money. This time it is from Armando Gareca Abogados, one of the new names in the Litigious Abogados family, thank goodness this reader decided to search the web before paying any money and found our articles.

armando-gareca-abogados-logo-1

This particular reader was contacted by Armando Gareca and informed that a case had been lodged with the court against their timeshare resort, not bad considering the courts are closed in August. They were informed they could become part of this case and once they paid the Procurator fees of 1,012€ the case would proceed. It all sounded very good, they were told how much they would be getting back and when they would receive it. Obviously this law firm has a crystal ball and can tell the future!

As we said the courts are closed in August, but also they have expanded their jurisdiction, the Spanish courts and these so-called Spanish lawyers now have the power to take a Greek resort to court in Spain. Not only that Spanish law is applying to a purchase made in Greece!

So just to recap, if you purchased your timeshare in Spain or any of its territories, then Spanish law will apply, if you purchased in the UK, Malta, Portugal, Greece or anywhere else in the world, then Spanish law will not apply. Also it takes at least 12 to 18 months to get a case to court, there are some lengthy procedures to go through before it gets to trial, so the promises of this particular group that the case is being heard within weeks are false.

We have also had some enquiries regarding finance for timeshare purchases arranged by the sales staff, many of these are with Barclays Partner Finance or Hitachi. Some of our readers who have been contacted by various claims companies are told that once they sign up for legal action, they will have the loan stopped and the interest repaid.

This is a false claim, the timeshare resort acted as a broker for the finance, your agreement and contract is a personal one with the finance company and nothing to do with who sold you the timeshare. If you are taking legal action against your timeshare company, the loan is a separate issue, which can only be dealt with after a successful outcome against your resort. By stopping any payments to the finance company you are then leaving yourself open to legal action by debt collectors and subsequently receiving a CCJ, or County Court Judgement. This will have a devastating effect on your ability to get any credit, even being able to get a mortgage.

So beware of many claims, these people will play on your emotions, make promises that are not there, it pays to to check and double check. Do your homework!

homework

Now we move on to this week’s Letter from America.

An Advocate’s Open Letter to an Industry Advocate

greed1

By an Advocate

Introduction by Irene Parker

August 25, 2017

The following is a letter submitted to Inside Timeshare written to a timeshare industry proponent by one of our Timeshare Advocates. The letter is in response to an article the author wrote posing the question as to whether the timeshare industry needs to look in a new direction.

The letter writer asked that he not be identified and that the title of the article not be mentioned as this was a personal letter written to the author. One thing sorely lacking is dialogue between critics and proponents of the right to use timeshare product which can be financially devastating for a family when the resort denies their release and when no secondary market exists.

Following the article I have offered comments agreeing and disagreeing with both the author of the article and the letter writer. We encourage others to weigh in.

Thank you to our Advocate reaching out to the industry. We hope he receives an answer.

QA

In your article you state, “Timeshare is definitely not a real estate investment and apart from the occasional overzealous sales associate, timeshare companies long ago stopped pitching it as such an investment.”  While I agree with your assessment that it is not an investment, I must ask, are you saying timeshares are not real estate or are not an investment?  I also read other timeshare articles you wrote. You are knowledgeable, but I believe you missed some of the key issues a potential buyer of the product needs to understand. You are not the only financial timeshare writer glossing over two important issues:

  • Timeshares have no viable secondary market,
  • The timeshare product has evolved to no interest in real property.

Consider the potential impact on the industry, or better stated, why the issues have not yet impacted the industry.

You rightly state in your article, timeshares are overpriced and there is no appreciated value in the real estate. I wish you had made it clear, that once purchased, a timeshare has no value. You must be aware of the fact that there is no viable secondary market. With little data available (the industry controls it), I find the “sale” of most timeshares on the secondary market require the seller to bring money to the transaction. That equates to a negative value.  

Recently, in an effort to avoid increasingly ugly publicity, many of the largest players are offering a “give back” or “surrender” option to older owners, not actively using or able to use their timeshare, provided the associated home facility is viable and the product is fully paid. These guys are such good sales people they have actually been successful in improving their image, offering certain members in select properties the opportunity to give back their timeshare to the developer with nothing in return other than to escape their burden. The timeshare interest they bought for $20K to often well over $100K is given up for nothing so the developer can resell as new.  

The non-viable secondary market environment is no accident. It certainly is not caused, as ARDA would have you believe, by an oversupply of inventory, or the result of advocacy groups and “sell your timeshare” type organizations that illegally prey on owners. ARDA has long acknowledged the lack of a viable secondary market and has for years committed to fix it. While out of the public eyes, ARDA does nothing, even works not so secretly against efforts to raise a secondary market.

I am sure you have read industry 10Ks. In most every 10K I have read for the past 15 years, the existence of a secondary resale market would have a significant negative impact on developer earnings. It’s no surprise the industry is active in suppressing the market to eliminate their perceived risk. I just wish our consumer protection guys, wherever they may be, would mandate the same level of discourse for the individual timeshare buyer.      

I also wish you had not implied a timeshare interest is necessarily tied to a real property interest (and again the industry should be required to disclose this to potential buyers). The classic deeded timeshare is today by far the minority of sales. Timeshare consumers buy either an interest in a “user rights” trust, not the underlying real estate, or simply buy into a timeshare “club” arguably not a timeshare at all. Many in the industry call them vacation clubs.

Please understand my criticism of your piece is meant to be constructive and more importantly, intended to spur some additional interest on your part by examining the member’s perspective. Few consumers really understand the product and/or business model. The consumer protections guys are asleep at the wheel or have no mandate/political incentive to get involved, and the industry will not speak up for fear of risking a very profitable business model born on the backs of timeshare buyers fallen victim to the oral representation clause, locked into a perpetual contract. It’s tough for the consumer or the industry to get the real picture.

Have you had a chance in the past several minutes, as you struggle through my letter, to consider my question about the implications of the issues presented?

  • No secondary market,
  • Inadequate regulation,
  • ABS markets,
  • Cash flow should the issue of a non-equity product make the light of day,  
  • Inadequate disclosure as to the lack of a secondary market.

I am right?  No?

Well, I will end now and hope you do consider the implications of what I touched on. If I have sparked any additional interest on your part I’d like to talk more. Please call or write.

Respectfully,

An Advocate

gps cartoon

I would like to add a few comments to some of the issues raised or not raised by the letter writer and the article’s author.

First, I disagree with the article’s author in his statement that only a few overzealous timeshare sales agents sell a timeshare product as an investment, as the US side of Inside Timeshare continues to receive complaints almost daily from our readers reaching out to us for assistance after they allege being sold by deceit, concealment, violation of trust and bait and switch, meeting the definition of White Collar Crime, Financial Institution Fraud. Timeshare sold as an investment, told it would be easy to resell, is still one of the top five complaints.

We always want to acknowledge sales agents and developers trying to exist in a timeshare world so ingrained in deception on the front end of the sale. The 7,000 plus timeshare members belonging to five Bluegreen and Diamond Resorts Facebooks are filled with posts concerning allegations of deceit.

Second, surrender programs are no help to the majority of timeshare members that have reached out to Inside Timeshare because these members allege they were duped into signing up for high interest rate loans and credit cards. High 25% interest rate credit cards now can pop out on site like toast out of a toaster. Multiple credit cards are often opened.

As to a secondary market, we have heralded Disney Vacation Club as a company that allows an acceptable secondary market.

http://insidetimeshare.com/mid-week-report/

This is where the letter writer and I disagree. Licensed Timeshare Resale Broker Judi Kozlowski of RE/MAX would argue Hilton also has a solid secondary market in that they don’t punish the secondary point buyer to the extent other developers do. Judi has been working the Hilton Grand Vacation timeshare resale market since the beginning of their current resale program.

“In my opinion, Hilton has the best resale market out there – the developer does not punish the resale deeded points buyer. Buyers of points on the secondary market are rewarded with the ability to join the Elite Club. They are still allowed to use the open season rates, trade internally and use RCI through Hilton.”

Third, I disagree with the letter writer in that he states ARDA has stated they want to fix the secondary market problem. I think that is old news from a 2014 RedWeek article. In recent statements, ARDA CEO Howard Nusbaum has stated timeshare is a right to use produce so members should not expect any value back. My rebuttal is that if timeshare is now defined as a country club of sorts, why is the contract perpetual? What country club is out there you can’t quit? What country club, except for the likes of Mar-a-Lago, requires an initial payment of often $50,000 or more?  What about the consumer that has turned over $50K to sometimes over $100K only to learn two weeks later they allege they were lied to as showcased in several of our Nightmare on Timeshare Street articles.

The letter writer mentioned Advocacy groups. I would like to make a distinction between real advocates and scam artists that call themselves advocates, including some law groups. We have 93 timeshare members helping other members I consider real Advocates. We also have 55 Advocates, including several attorneys and professionals, who donate their time pro bono to offer an assessment or opinion after the resort has denied the member relief.

Thank you to our letter writer and to all our Contributors. Your voice is important because one or two voices alone do not a concert make. Contact us or one of the Bluegreen or Diamond Facebook pages if you need assistance, would like to share your timeshare experience, or express your opinion.

pin up

Timeshare Advocacy Group™

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

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

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

There we have it, the end of another week and the start to what we hope will be a great weekend. Inside Timeshare thanks all those who contact us with information and enquiries, it is with your help we can bring those issues to a wider audience. Keep them coming.

Have a great weekend and join us again next week.

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Manhattan Club: $6.5 Million Settlement

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

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

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

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

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

manhatton club

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

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

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

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

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

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

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

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

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

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

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

Images from meetings of the Manhattan Club Independent Owners Group

image1 image3 image4

Follow the original article by Alison Fox published in amNEWYORK

am new york

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

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

thestreet

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

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

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

ferengi_profit_by_aweswanky-d5du6p4
Timeshare Developer

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

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

 

 

 

Mid Week Report

Following on from the news that TATOC is no more, the latest news is that TATOC Consumer Helpline Ltd has also been wound up, when more comes in we’ll publish it here. If you have tried to access the TATOC website, you will have noticed that it no longer comes up, confirmation that TATOC and Harry Taylor are truly gone, although we wonder if any of his old allies (MacDonald Resorts) will be offering him a job?

job wanted
Contact Harry or is it Henry Taylor?

On the story published yesterday regarding the sand on Tauro Beach, The Canary News has also published a full in depth report. It not only looks at the controversy surrounding the importation of sand from the Western Sahara, it also has a very good introduction to the history of this region.

http://thecanarynews.com/the-shifting-sands-of-tauro-beach-investigation-for-alleged-breach-of-un-international-law/

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Now it is August, the courts have closed down for the month, so there will be no news emanating from there. Good news for the timeshare companies! But it is guaranteed that come September there will be a flurry of sentences being announced.

It is also a time for the new “scams” to start getting ready for the Autumn and Winter season, the new company names and websites will soon be surfacing along with some of the old names that will be resurrected. So be warned, do your homework first, check and recheck, these scams are getting very sophisticated, you only have to see the articles on Litigious Abogados and their family of firms. If in doubt or not sure how to check, then contact Inside Timeshare.

So now on with our Wednesday article from Irene Parker.

Welk Resorts sues Timeshare Exit Team for Racketeering

Right To Use timeshare programs need a secondary market

hear no evil

By Irene Parker

August 2, 2017

Welk Resort of Lawrence Welk fame has sued Timeshare Exit Team for racketeering. Once again, the lack of a secondary market forces beleaguered timeshare members into the nets of alleged unscrupulous transfer agents when a resort provides no exit for members sold a timeshare contract in perpetuity.

First, a hat’s off to Lawrence Welk, a big band great that kept early American households riveted to their seats for over 20 years. To this day the Welk resort is a family friendly resort that knows how to run a business. My husband and I stayed at a Welk Resort in California. It was one of our most memorable timeshare vacation experiences.

https://www.youtube.com/watch?v=PDgzQyiUfEo

Inside Timeshare has received a volume of reader responses alarmed that there often is no way out of a timeshare contract. ARDA and the industry have lauded timeshares evolution towards a right to use product and have stated members should not expect value back when they seek release from a right to use timeshare.

The problem with ARDA’s “see no evil, hear no evil” position is – about 90% of the complaints Inside Timeshare has received, have loans attached and many allege they were duped into signing off on high interest rate loans and credit cards. Voluntary surrender or “take-back” programs require the member be free of loan encumbrances. In addition, voluntary surrenders are never guaranteed.

Mr. Howard Nusbaum, President and CEO of the American Resort Development Association (ARDA), was quoted in a June 2014 RedWeek article in reference to the lack of a viable timeshare resale market, “This is a legacy problem. People buying a timeshare today are buying it from multisite clubs that have management forever and sales teams forever, so the ability to recycle inventory will not be a problem in the future.”

https://www.redweek.com/resources/ask-redweek/timeshare-resales-arda-predictions

Timeshare Exit Team Response to the Welk Resort lawsuit

Response from Brandon Reed, founder and CEO of Timeshare Exit Team:

Timeshare Exit Team learned of this matter through a media release distributed by Welk Resorts on July 26, 2017. Following the news being publicly distributed, we were formally served on July 27th, 2017, and intend to present a vigorous defense to these claims. We would also like to inform consumers that the meritless lawsuit and inaccurate accusations therein will not dissuade our team from continuing to advocate for consumers.

I’m proud of the service we offer and of the company we have built. Timeshare Exit Team has built an unparalleled in-house team, leveraging effective outside resources as needed, to assess each customer’s unique situation and to provide them with qualified, thorough, and trusted management of their issues.

The Welk Resort lawsuit v Timeshare Exit Team reported by Business Wire    

“SAN DIEGO–(BUSINESS WIRE)–Welk Resorts, developer of family-friendly vacation resorts, has filed suit in U.S. District Court for the Southern District of California against Reid Hein & Associates, operating as “Timeshare Exit Team,” and law firms in two states for allegedly operating a nationwide racketeering scheme to induce vacation owners to disrupt Welk’s contractual relationships with its vacation owners, causing breach of contracts, delinquencies and defaults that damaged Welk, the vacation owner association and vacation owners.”

“The suit cites fraudulent racketeering activity, intentional interference with contractual relations, and violations of the California unfair competition law, California Vacation Ownership and Time-Share Act, California False Advertising Law and the state “Running and Capping” Law. The latter makes it illegal for non-attorney agents to obtain business for an attorney or law firm for compensation, or solicit others to engage in running and capping.”

Timeshare Exit Team charged fees of $5,000 and more for this “service.”

http://www.businesswire.com/news/home/20170726006103/en/Welk-Resorts-Files-Suit-Timeshare-Exit-Team

Timeshare Exit Team fulfills an HOA Collections Agent’s Prediction – Previously Reported by Inside Timeshare

Kristi, a Home Owners Association timeshare collection agent I interviewed back in March of 2017, complained of lawyers transferring timeshare contracts to fictitious persons or LLCs. Some things are universal. Charles Thomas has been reporting on a recurring “Litigious Abogados” theme. Inside Timeshare is published in Spain.

As reported by Inside Timeshare in our interview with Kristi:

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

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

Timeshare Exit Team has been involved with two other timeshare resale companies and/or timeshare attorneys that were involved with transferring 18 of our deeds since 2014 to four individuals that have never paid the dues and are delinquent in the amount of over $18,000. Out of the four individuals we were able to track, we learned that they are all associated with each other thru business dealings, contract employees or registered agents. They must assume that the association will eventually foreclose or take the property back but it is very costly to foreclose and we do not accept property back.

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

Here are ARDAROC’s (Resort Owners Coalition) eight tips for selling your timeshare and how they apply or do not apply to Diamond Resort members. This is what I have learned since trying to sell my Diamond right to use points.

  • Know what you own – Most own non-deeded right-to-use points
  • Consult your resort – Diamond’s Advocacy Department has helped some members but others have had to seek legal assistance when denied relinquishment. Tracking our reader outcomes thus far – 29 out of 77 report positive outcomes.
  • Sell it yourself – member supported Facebook pages seem to be the best option, but complaints abound that “no one wants it.”
  • Get assistance from a Licensed Reseller – not one member of the 64 member Licensed Timeshare Resale Broker Association will accept a listing for Diamond’s non-deeded points due to secondary market restrictions.  
  • Pass it on or gift it to your family – maintenance fees are also passed on
  • Donate it to a Charity – Donate for a Cause is a scam according to Consumer Affairs. A charity has the same problem. They don’t want the rising maintenance fee liability. https://www.consumeraffairs.com/news/timeshare-donation-scheme-is-a-scam-feds-charge-120115.html
  • Generate income by renting. Diamond Resorts does not allow renting through a third party website. “Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.”
  • Beware of scams.

http://www.ardaroc.org/timeshare-resales-resource-center.aspx

Lela Renea, a Bluegreen timeshare member, contacted Inside Timeshare about her battle with Timeshare Exit Team after they appear to have stonewalled her. Since Lela is in the middle of negotiations, she did not want to elaborate on the distress she feels, attempting to resolve her Timeshare Exit Team concerns – suffice to say she had reason to reach out to Inside Timeshare. We will be reporting as to whether Bluegreen will come to her rescue or allow her to fall to the mercy of Timeshare Exit Team.

Despite the customer loyalty and lack of complaints we reported last week among Disney deeded timeshare owners, with access to resale and rental options, right to use non-deeded timeshare programs continue to ignore the growing problems caused by perpetual contracts not able to be sold, rented or relinquished.

Welk Resorts back in the day was a fixed week timeshare but has converted to a right to use non deeded program. A life change like a job loss or illness, rendering the timeshare unaffordable, is as much a problem for members of right to use programs as it is for legacy resorts.

light thought

 We hope someday, someone in the industry or ARDA will see that throwing up roadblocks to a secondary market is a detriment for all. As we reported last week, timeshare attorney Mike Finn has never had a Disney client and it is unlikely Timeshare Exit Team has ever had a Disney client either.

Some answers are so logical and simple, they cannot possibly be understood.

Once again thank you to Irene, who explains the timeshare world across the great lake, as you will have noticed there is very little difference to the problems that owners / members face.

In this Friday’s Letter from America, we have another contribution from Eron Grant. In her Letter to ARDA she asks Why does ARDA have a Code of Ethics? This very question was also asked of the RDO, Europe’s equivalent of ARDA. We still don’t have a genuine answer to that little conundrum!

So there we have it, half way through the week and a couple of hard hitting stories, we’ll be keeping an eye on the Tauro Beach story and will bring you the latest as it surfaces. Remember, beware the scam artists, do your homework, check and check again, it will save you a lot of money and stress in the long run.

 

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CUSTOMER SERVICE AGENT
Experience in Bull Shit Essential

Monday, The Start to Another Week.

We finished last week with the announcement of 6 sentences from the courts against Anfi, we start this week with news just in from our contact in Madrid. We also start this week with an article from Irina Allen, who has featured before. But first the Judgement.

The Supreme Court has made yet another ruling against Resort Properties / Silverpoint. In this ruling the court has awarded a british client a substantial amount, reportedly around £32,000. At the moment we are not sure what the ruling was comprised of, but going by previous ones it will probably be for the perpetuity contract. When the sentence document becomes available we will publish it here.

So we wonder what is in store for the rest of the week, now on to Irina’s article.

Diamond Resorts Suspended my Account worth over $500,000

For posting one RedWeek rental ad as my sales agent advised

ethics

By Irina Allen

July 17, 2017

Inside Timeshare first published my Diamond Resorts story January 2017 after Diamond suspended my 139,000 points, falsely accusing me of renting points for commercial purposes.

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

I was expected to make monthly mortgage payments of $2400 a month and pay $29,000 in maintenance fees during the one year suspension. Diamond is able to rent my points for promotional purposes during the suspension period.

Ironically, I replaced the points I had promised to friends and family by renting points on RedWeek. I also lost thousands of dollars on airfares that had already been booked as my account was suspended without warning. I am not the only member hurt by Diamond’s change in rental policy.

I was accused of opening an Airbnb account. I have never had an Airbnb account, but Diamond Resorts told me they were not required to provide any proof despite my common last name. My attorneys are working with Airbnb to prove I never had an Airbnb account. I have given Airbnb permission to share my story with their international news community.

I don’t want to get bogged down in details so suffice to estimate I paid $5 per point for my vacation points and with closing costs the figure is closer to $6 per point. According to our Facebook posts, a Diamond point sells for about $4 a point so I also feel I overpaid. At 139,000 points we are talking about a serious amount of money – over $500,000.

After contacting an attorney and filing complaints with the FTC, CFPB, AGs and the Real Estate Departments of AZ, HI, NV and CA, I found our Diamond member sponsored Advocacy Facebook. At least this provided some support as all the regulatory agencies ignored my complaint.

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

Alarmed that others could be victimized, I became an administrator for Timeshare Advocacy Group ™, hoping timeshare owners and members from other timeshare companies will reach out to us when facing problems or have concerns about their timeshare membership. I have learned Diamond Resorts is not the only timeshare company exhibiting what I feel is predatory behavior.

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

It is unfathomable any corporation could exhibit such blatant disregard for a customer. My situation is very bizarre. In addition to a suspension, I experienced a 17% increase in maintenance fees while the actual increase was only 6%. I only found out about this by reading a post on our Advocacy Facebook page. Diamond automatically corrected their “error” (only for 2017) after receiving correspondence from my attorneys.

Many do not even believe me. I am grateful to Senior Correspondent Jeff Weir of RedWeek for the two hours he spent interviewing me, even though he initially decided not to publish our interview. After Inside Timeshare sent a draft of this article to RedWeek, Mr. Weir requested a copy from my editor Irene Parker indicating he would publish our interview.

One can find hundreds of Diamond rental ads on several commercial websites. I do not know why I was targeted for placing one ad without providing any evidence of commercial use. I am a professional. I bought Diamond points to share with my friends, family and clients.

Here is the current Diamond rule:

2.5.1 A Member is not prohibited from periodically renting the Accommodation reserved for the Use Period or the reserved Other Redemption Opportunity pursuant to these Club Rules.

However, the use of Points to reserve Accommodations or Other Redemption Opportunities for commercial purposes or for any other purpose other than the personal use of the Member or the Member’s family and guests is prohibited.

Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.

Members who are primary developers of Club Resorts (that is, members of the Diamond Resorts International group of companies) and providers of Other Redemption Opportunities are specifically exempted from this restriction, and are entitled to use their reserved Accommodations and reserved Other Redemption Opportunities for promotional, rental, or other commercial purposes.

Here are a few of the Diamond rental ads on the RedWeek online website. Not only are there hundreds of ads, but many of them are for prices greatly above maintenance fees and could therefore be considered “for profit”.

Timeshare Rentals – Timeshares for Rent By Owner | RedWeek

https://www.redweek.com/timeshare-rentals

Diamond Resorts International

Kaanapali Beach Club

Lahaina, Hawaii

stars 51 reviews

255 rentals available

$132 – $500 /night

12 resales available

$600 – $15,000

Daytona Beach Regency

Daytona Beach, Florida

stars 7 reviews

I don’t expect Ebay, VRBO or other non-informational platforms to post a warning. However, RedWeek is an informational resource for vacation timeshare members and owners. I feel RedWeek should post a warning that Diamond Resorts does not allow rentals given the consequences can spell financial disaster.

Diamond’s policy is clear. Either there is a rental policy or there is not a policy. With the consequences of violating the policy so severe, why does RedWeek not post a warning? More importantly, why does Diamond not allow members, many struggling to pay maintenance fees, to post rental ads on RedWeek?

“RedWeek advises members to check with the resort before renting,” stated Gary Prado, spokesperson for RedWeek.

Why would anyone check with Diamond Resorts before renting, especially those who had been renting for years, and why would anyone check if there are hundreds, if not thousands, of rental ads all over the internet?

I opened a RedWeek account on the advice of a Diamond Hawaii sales agent and attempted to rent some points. I had not even heard of RedWeek until the sales agent recommended the site based on her personal experience. She said many Diamond employees rent on RedWeek to offset maintenance fees. I was never paid for the RedWeek rental so I gave up the idea of renting.

I am one of 18 Platinum members who have contacted Timeshare Advocacy Group ™ alleging deceptive and bait and switch up-sells. Like the others, I accumulated 139,000 Diamond vacation points due to aggressive selling. I agreed to take over 42,000 Diamond points from the secondary market on one condition – I do not have to buy any additional points. As the Diamond agents promised, “due to my Platinum status, owning at the time 75,000 points, I would be allowed, as a onetime courtesy, to transfer contracts without being required to purchase additional points.” In 2013 this was a common practice.

Diamond refused to honor their promise after the transfer. I was told I had to buy 23,000 points in order to use the transferred points without the secondary market restrictions. I could not use the points due to layers of restrictions Diamond places on the use of secondary points. Diamond is the only major timeshare that cannot be listed with any of the 64 members of the Licensed Timeshare Resale Broker Association as the members feel Diamond’s secondary market restriction are more onerous than Diamond’s major competitors.

http://www.licensedtimeshareresalebrokers.org/

group

Speaking with other families affected by the sudden change in Diamond’s rental policy, I asked:

  1. Are you not allowed to rent or has DRI just made it more difficult?

They have made it very difficult because we can’t advertise.  They also tried to ban us from using upgrades for rental weeks (making it harder to rent for more than cost) and they also started charging a fee to add guests.

Diamond maintains that they have the right to change the rules.

This is the crux of the matter. Would you buy a timeshare if you knew the timeshare developer could change the rules pretty much at any time for any reason?

Diamond stands to make a huge financial gain by forcing owners who relied on rental strategies into foreclosure. This is financially devastating for families because they are required to pay maintenance fees they can no longer afford for the high volume of points these members own. Diamond then “takes back” the points and resells for full value.

muscle

If you or someone you know has a timeshare concern, contact Inside Timeshare or one of our Advocacy Groups.

Bit of a horrendous story, doing only what she was advised, how many times have we heard this type of thing from sales agents? You believe them because you trust them, they sound so genuine, then bingo! You are the one to be made out to be in the wrong. So thanks Irina for that little insight, we look forward to your next article.

Timeshare needs to change, it is not the product most of us thought we were purchasing, the truth is hidden, is any wonder that timeshare has a bad name and reputation?

If you would like to share any of your experiences contact Inside Timeshare and we will work with you.

Have you been contacted or thinking about contacting a company about your timeshare, but don’t know if they are genuine? Then send us an email or comment and we will point you in the right direction, remember it is better to spend time checking than even longer regretting!