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RSB Legal

The Tuesday Slot with Irene

In this weeks Tuesday Slot, Irene Parker takes a look at an old friend of Inside Timeshare, the National Timeshare Owners Association, which is now known as the Association of Vacation Owners. The CEO is still our old friend Greg Crist, who was also interviewed by Irene.

Before we go on with Irene’s article we once again highlight the many calls our readers are receiving regarding “claiming compensation” for their timeshares. As usual these calls require a meeting at an office to go over the claim. These are usually enticed by the words “No win No fee”.

But once there, the owners are then told the only way to claim is only once the contract has been cancelled. This is where they are then told that to do this it will cost thousands of pounds!

In many cases we have seen the “client” is then told to just stop paying the maintenance fees, then as we have seen with RSB Legal clients 18 months down the line they find that they are not out of their timeshare and now have arrears in maintenance fees.

AS we highlighted yesterday, just from the number of enquiries Inside Timeshare has received, the amount lost buy these clients is well over the £100,000 mark. So we can only guess the amounts for around 2 years of trading with hundreds of clients, the figure must be mounting now into several million pounds!

Just recently it has been announce that a Norwegian TV company is about to start filming a new TV series called Crimeshare. It will be centered around the late Norwegian businessman Bjorn Lyng and his Anfi dream in Gran Canaria. The series will also highlight many others in this murky world including the late John “Goldfinger” Palmer and his Tenerife empire. It is proposed to be aired early next year, we certainly look forward to seeing that. Follow the links below for further information, open with google and use translate.

http://www.canariajournalen.no/Nyheter/Historien-om-Anfi-del-Mar-og-Bjoern-Lyng-blir-krimserie-Crimeshare

http://www.abc.es/espana/canarias/abci-lanzan-serie-nordica-sobre-mafia-turismo-canarias-201805011258_noticia.html

Canarian Legal Alliance has also hit the press, Guiade Prensa or Press Guide has published a short article titled “Leaders in Europe in lawsuits of ‘timeshare’”

This can leave no doubt that despite the attempts of others to discredit this law firm, they are legitimate and are doing what they say. Inside Timeshare has published many articles showing their cases, from the lower courts right through to the Supreme Court, even showing the court documents which are easily verified.

http://www.guiadeprensa.com/app/webroot/razon/tribuna_derecho2018/cla.html

At the end of April it was announced that Marriott Vacations have bought out ILG Inc, for a whopping $4.7 billion. What this will mean for ILG members has yet to be seen, but no doubt our readers from across the Great Lake will keep us informed.

https://www.reuters.com/article/us-ilg-m-a-marriott-vaca/marriott-vacations-buys-ilg-in-47-billion-timeshare-merger-idUSKBN1I10ZX

https://wtop.com/business-finance/2018/04/marriott-timeshare-business-plans-4-7-timeshare-acquisition/

Now we move on with this weeks article from Irene.

Association of Vacation Owners

Mission Statement

We vow to relentlessly advocate for improvements – from protection and preservation to expansion and enrichment – to the vacation ownership experience. Our commitment to these efforts will continuously strengthen and support the relationships between the vacation-owner community and the industry at large, ensuring the viability of vacation ownership for generations to come.

By Irene Parker

May 11, 2018

Inside Timeshare considered the National Timeshare Owners Association a friend and an ally working toward a better relationship between the timeshare developer and the member. At Inside Timeshare it seems we are frequently at odds, except in steering members away from the nets of timeshare listing, transfer and resale predators. No one should pay upfront money to get out of a timeshare, or list a timeshare, without carefully vetting the person offering to help. Contact Inside Timeshare or AVO before paying anyone to get you out of your timeshare.    

National Timeshare Owners Association is now assimilated into the Association of Vacation Owners AVO.

Excerpts from Perspective Magazine, explaining the metamorphosis:  

National Timeshare Owners Association has a new name: The Association of Vacation Owners (AVO). “We are very pleased to expand our alliances to include credible organizations that share our vision to improve education, engagement and support for timeshare and vacation owners” said Gregory Crist, CEO.

The membership based organization is now seeking industry partners who will commit to the AVO Service Pledge and will vow to relentlessly advocate for improvements in communication, protection, and preservation of vacation ownership.

“AVO is also attracting thousands of vacation owners by continuing its twenty-year history of dedication and focus on providing owners with the tools and information they need to strengthen their ownership experience”, continued Crist.

In March 2018, we transitioned from NTOA to the Association of Vacation Owners (AVO). In that transition we find a stronger mission and one that comes with greater collaboration and partnerships in the VO community including working closer with TAG, ,Timeshare Advocacy Group™. TAG is independent and focused on some very disturbing issues. This is important work and we thank all of you for volunteering such time and energy to TAG and to the community.

AVO is a social purpose organization dedicated to educating vacation owners and advocating on behalf of its owner/members. AVO participates in major industry conferences, is involved in the leadership of the Canadian Vacation Ownership Association (CVOA) and is a consumer member of various industry trade associations including: ARDA, AMDETUR, ASUDESTICO, and C.A.R.E. To learn more, visit our website at AVOworldwide.com or email: [email protected] | Toll Free: (833) 2ASK-AVO

http://perspectivemagazine.com/0703201810424/ntoa-to-become-the-association-of-vacation-owners-avo

I asked Greg what specific areas should TAG and AVO focus on to make the timeshare world a better place?   

“AVO is committed to finding solutions to tough industry challenges like the secondary market. The secondary market, or lack of, is the Elephant in the timeshare room. It is at the top of the list when addressing member concerns so heads our list of top five priorities.”

  1. Resale
  2. Rental and Exchange
  3. Trade and Transfer
  4. Divestment
  5. Redevelopment

Inside Timeshare will be devoting upcoming articles to each of these topics separately, topics meaningful to both owners/members and the developer, albeit from different perspectives. Change is good and members are mobilizing to affect reform. Like any social cause, it doesn’t come easy and it requires meaningful discussion from both sides of the vacation fence. We should all want the same outcome – a Great Vacation!

Members are helping members. If you need free help about a timeshare concern, contact a member of one of these self-help sites Inside Timeshare is convinced is not industry influenced. One member’s recent comment, “I can’t believe I can actually talk to someone!?”

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Irene and also Greg, Inside Timeshare wishes you all the best in your work to improve the lot of timeshare owners, we also look forward to reporting on your successes.

Don’t forget if you are contacted by any company regarding resale or claims and you are not sure who or what they are, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also thanks those readers who send in the information to share with others, by working together and sharing information it will help others to keep their hard earned cash in their own pockets and not in the pockets of the rogues.

RSB Legal Update

Over the past few weeks Inside Timeshare has been receiving many enquiries about RSB Legal, all are of a very similar nature, money paid and now they are unable to contact them. Their phone lines are down and the website is no longer available. According to company house records there is an active proposal to strike them off.

From all the enquiries we have received all had been contacted by RSB Legal about making claim against their timeshare resort for mis-selling, this was to be on a no win no fee basis. A meeting was then arranged at RSB Legals Office in Redditch, once there all have said it turned out to be just like the presentation for their timeshares.

The “consultants” went on about how the timeshares had been mis-sold and that they had very good cases for a claim. But then came the crunch, in order to do the claim under no win no fee, the contract had to be cancelled first. For this a large amount of money needed to be paid first, so deposits were taken and a date for the balance to be paid arranged.

The client was also told not to pay any more maintenance fees, as the contract would be cancelled.

All those who have made enquiries have the same story, they have received demands for maintenance fees from their resorts, also being told that their contracts have not been cancelled by RSB Legal or by Taylor Marshall who took on many of the cancellations from RSB.

We do know many RSB clients have received an email or letter from Club La Costa, this states that they have not paid out compensation or cancelled any contracts for clients of RSB Legal or Taylor Marshall. They have repeatedly informed these companies that they will not deal with third party companies in respect of their members, they will only deal directly with the members concerned.

They have also pointed out that CLC will allow any members to surrender their membership free of charge, which RSB Legal and Taylor Marshall were fully aware of.

RSB Legal also told their clients that the claim would be going through the Spanish courts, no cases have ever been filed, clients were not informed of which lawyers had their cases, no translations of documents had been done and no power of attorney signed to allow the Spanish lawyer to act on the clients behalf.

It is also a point of fact, that once the contract is cancelled then no claim can ever be brought to a court, so this then leaves the question how the claim would be made?

Just from the number of enquiries Inside Timeshare has received recently with the average payment made to RSB Legal being around £8,000 mark, some have been considerably more, we are looking at over £100,000 which just these few have lost. Multiply that by the possibly hundreds more clients that have been taken in by RSB Legal and we must be looking at well over one million pounds swindled over the 2 years this company has been in operation. This is looking like a major fraud, it begs the question why have the authorities not done anything about them?

If you have paid RSB Legal and have paid any amount by credit card, then you may have a chance of getting your money back through Section 75 of the Credit Consumer Act 1974. Provided you have paid a minimum of £100 by your credit card then you can claim back the full amount upto £30,000.

As this company is appears to be no longer trading, plus the fact a proposal to strike off has been made, will make the claim through section 75 stronger as the company is no longer solvent therefore you will not receive the goods or services paid for, in other words they have breached their contract with you. See link below for full details on section 75.

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

It would also be prudent to make an official report to the police and receive a crime number, this can be done very easily online through Action Fraud. The more that report this the more chance of an investigation. You can also make a complaint and report to Trading Standards. Details for both are at the links below.

https://www.actionfraud.police.uk/

http://www.nationaltradingstandards.uk/contact/

If you have had any dealings with this company and have any questions or concerns then use our contact page, we will get back to you and answer your questions.

Have you been contacted by any company with a similar story and want to know if it is genuine, then contact Inside Timeshare, we’ll help you find out.

Remember doing your homework will save you in the end.

Thursday Roundup: Some News from the UK Courts

In last Friday’s Letter from America we mentioned the Birmingham Crown Court hearing for the sentencing of Dominic O’Reilly & Stephanie O’Reilly of EZE Group, this was to have taken place on Monday of this week.

From information received it looks like EZE Groups legal counsel could not make it and asked for an adjournment before Monday’s hearing. Although it would still have had to be addressed in open court with a new date to be set.

A very strange fact that did emerge is that the hearing has been switched from sentencing to a directions hearing. This could indicate that their guilty pleas may have been withdrawn and a another plea will have to be made in open court. If they do plead guilty then the case will again have to be adjourned and pre-sentencing report carried out.

As we find out more we will publish here.

In another case which was announced on 17 April, against Francis Madden at Bournemouth Crown Court. The case was scheduled to last about six weeks, but news broke yesterday that Madden had pleaded guilty to three counts of fraudulent trading between May 2012 and February 2016.

The case revolved around his “Holiday Club” companies, where people were invited to attend a “two hour presentation” which actually lasted more than “five hours”. They were sold accommodation which either did not exist or was near impossible to book for thousands of pounds. In most cases the accommodation could have been booked for far less via the internet.

Although clients had been informed that there was a cancellation period, when they did try to cancel they were told in was not possible. It also transpired that the exhausted clients were “frog marched” by staff to a cash machine to withdraw the payments.

Jailing him for a period of 40 months the judge called his conduct “reprehensible”.

It seems now that the authorities are finally catching up with these charlatans as only recently we have seen several jailed at Stafford Crown Court, EZE Group in the dock and some of Mark Rowe’s companies under police investigation.

See link to the Mail Online report:

http://www.dailymail.co.uk/news/article-5682173/Timeshare-fraudster-marched-victims-cash-machines-hand-thousands.html

When timeshare first started it was a very good concept, the accommodation was superb, far better than what was available through the high street travel agent, but something went very wrong. Greed took over.

Some of the first “scams” were the buying off plan schemes, where all you purchased was a hole in the ground and an architects plan. Many of these were never built with hundreds of people losing thousands of pounds.

The industry itself did little to “police itself”, countries laws where these timeshares were being built were not adequate, allowing many frauds to take place, with the perpetrators getting away with millions.

After the “off plan” scams, the industry through how the product was sold was instrumental in the next phase, the resale scam. As timeshares were being sold as “property” which would go up in value, the resale companies capitalised on this. Offering clients the promise of selling their timeshare for more than they actually paid for it, taking thousands to “list” the timeshare for sale and then disappearing.

Now because the laws have been strengthened, especially in Spain, we are seeing bogus claims companies taking thousands for relinquishments and no win no fee claims. Just recently Inside Timeshare has been getting enquiries about one of these companies, RSB Legal. Many have paid them to cancel their timeshare and claim the money back, but they are now no longer trading, they have simply vanished, leaving hundreds of clients out of pocket.

These stories show why you must do your due diligence and homework before going to any presentation, or doing business with any company. Check, check then check again, ask the questions, are they for real, how are they going to claim, can they do what they say they can do, how long have they been trading?

That last comment is probably one of the most important points, a company that has only been trading or registered for say 1 year, yet claims they have got back thousands and helped hundred of owners, is that actually possible?

If you have been contacted by any company or have found one on the internet and want to know if they are genuine, then contact Inside Timeshare and we will help you find out.

Remember doing your homework will save your hard earned cash!

Inside Timeshare would also like to share some great news with all our readers, our last article contributor Joshua Parker and his wife Nichole are the proud new parents of twins. Welcome to the family Matthew Alexander & Maverick Luke.

Thursday Updates

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

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

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

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

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

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

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

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

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

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

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

For the full article click on the link below:

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

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

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

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

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

Supreme Court Palm Oasis Tasolan

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

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

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

Claims and Relinquishments: Who Can You Trust?

Just recently Inside Timeshare has been receiving many enquiries regarding RSB Legal, mostly Club la Costa members, they have all been the same, “have they gone out of business as we cannot contact them”?

Well the short answer is probably yes, according to Company House records under Company Status, there is an “Active proposal to strike off”, which means they are about to be liquidated. They are also overdue on this years accounts, which have not yet been submitted. (See PDF below)

RSB LEGAL LTD

What were RSB Legal doing?

The “service” they were offering was cancellation of timeshare contracts and compensation claims on a no win no fee basis, sounds good does it not?

Only problem is that to make the claim the client must pay thousands to cancel the contract first, once the client is out of the timeshare they would then do a claim. Only one problem here, how is the claim to be made?

As most of the timeshares were purchased in Spain, then Spanish Timeshare Law applies, this is where the problem lies. Once the timeshare has been cancelled, it is not possible to take the claim through a Spanish Court, there is no contract in existence, therefore no claim.

So this leaves us with only one alternative, a Section 75 under the Credit Consumer Act 1974. But this only covers the following:

Goods and services not received, the company has gone into liquidation, (therefore you will not receive the goods or services), faulty goods or goods not fit for purpose.

https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Now considering that many have used their timeshares, the timeshare company will argue with your credit card provider that you have used the goods and services, after all you have booked holidays!

Section 75 does not cover a timeshare for contravening Spanish Timeshare Law, for instance, the illegal taking of deposits or full payment within the 14 day cooling off period, contracts with a duration of more than 50 years or floating weeks and points systems.

The only way to claim for these breaches and have the contract declared null and void, that is different to being cancelled, is through litigation in a Spanish Court. Also not all contracts will be claimable, there are cases which will not be accepted either by a reputable law firm or the courts.

Now for the relinquishment, our readers have also told us that their cancellations have been passed to another firm called Taylor Marshall Associates, again the story is the same. They are told not to pay anymore maintenance fees, then after some time the client receives a letter stating that their contract has been terminated. Unfortunately they find out from Club la Costa that it has not. Below is an extract from Club la Costa’s email to clients:

“Since February 2016 CLC World (‘CLC’) has been receiving identical ‘copy’ correspondence, from companies called ‘Taylor Marshall’ and ‘RSB Legal’ in respect of some of our Members. Regardless of the holiday product held by the Member or their membership history, the only change to each letter is the name of the Member on the top of the correspondence.

Furthermore, the correspondence was initially near identical to those received from other claims companies against whom the UK authorities are now taking legal action.

Over the last 2 years, CLC has consistently advised Taylor Marshall and their associated company RSB Legal that we will NOT accept their correspondence as correct notification to “TERMINATE” any CLC World membership. CLC World has an established free of charge exit strategy in place for all CLC Members and we do NOT accept Surrender or Relinquishment notices from third party claims companies. Despite this, Taylor Marshall (RSB Legal) continue to falsely claim that they are successful in somehow ‘forcing’ CLC World to release members from their contracts. This is simply untrue.

CLC will only complete a Surrender Request when processed direct with the CLC Member.

We have seen Taylor Marshall’s so called ‘Contracts’ that state that Members should not speak with CLC World or they will face financial penalties. We understand that this, unnecessarily worries many of you, and if this is the case, may we respectfully suggest to you that you contact either the CLC World MS Legal team OR one of the well-established organisations we refer to below for advice.

Unfortunately, there are many ‘Third Party Claims’ companies who encourage people to ‘sign-up’ with them by making false claims about their membership. Many of these companies are linked to each other and we are glad to report that more and more the UK Authorities are taking positive enforcement action on behalf of individuals who have become involved with these companies”.

Why would Taylor Marshall’s contract state that members should not contact CLC World or face financial penalties?

Could it be they don’t want you to find out that your contract has not been cancelled?

Are they that nieve that you will not find out, after all you will end up getting demands for maintenance fees?

CLC are not the only company that hold this position, many more are taking the same line, Diamond have a policy in place, one is exceptional circumstances which cover those over 75, death of a partner, financial hardship and medical. If the member does not fall into this then they have the possibility of relinquishing on payment of 2 years maintenance.

We now have another problem, as the work has not been done is there a chance of getting the money back under section 75?

If this was paid partially or in full on a credit card there is a possibility, the problem is that RSB Legal will claim as they do not actually do the relinquishments but contract them out to a third party, Taylor Marshall, they have fulfilled their contractual obligations. After all the claim is no win no fee!

Now that RSB Legal cannot be contacted and there is a proposal to strike off, the possibility of claiming may come under “the company is no longer trading”, so a claim may be possible.

Whether they are UK based or Spanish based companies, there are many more who use the same method of extracting your money, the only safe option is to do your homework before paying any money. If you do pay never do so by any other means than a credit card, that way at least you may just be able to get the money back.

If you have any questions or concerns about any company that has contacted you with a similar “pitch”, contact Inside Timeshare and we will be pleased to help and point you in the right direction.

check list

The Tuesday Slot with Irene

This week’s Tuesday Slot with Irene has been submitted by Angela Simmons Sandstede, as you will see the story of what her parents have been through is not a happy one, it is another “Nightmare on Timeshare Street”.

First some European timeshare news.

Yesterday, the Court of First Instance Number 3 in Maspalomas announced yet another Anfi Contract null and void, the judge sitting on the trial was new and this was his first ever timeshare case. He awarded the UK clients £11,923 for the purchase price along with £13,248 for double the deposit paid within the cooling off period. The clients have also been awarded their legal fees and legal interest. Again this judge was following the rulings by the Supreme Court.

The case was brought on behalf of these clients by Canarian Legal Alliance, the lawyer representing them is one of their newest and youngest lawyers Eduardo Álamo, who only obtained his law degree in 2014, he then went on to study extra courses in 2015 and became a member of the Las Palmas Bar Association in 2016. Definitely a lawyer to keep an eye on.

eduardo

Over the past few weeks Inside Timeshare has been receiving enquiries about a company called RSB Legal, these readers have paid this company for relinquishment and to lodge a claim on a no win no fee basis. Unfortunately they are are unable to contact them.

In another twist it has just come to light that another company Stanton Mortimer which we believe are linked to RSB run by Ricky Walker, Kevin Walker, Kevin O’Connor and Matt Lowe have now shut down and seem to have disappeared with many clients making criminal complaints.

RSB have also been the subject of many discussion forums, the one below goes back to late 2016.

http://forums.moneysavingexpert.com/showthread.php?t=5510732#topofpage

If you have dealt with either of these companies contact Inside Timeshare and we will give you information on what you can do.

Now for this weeks article.

March 4 – 10 is NOT Consumer Protection Week for Timeshare Members – Part I

An Extraordinary Diamond Investment Opportunity that Wasn’t

Part II – Friday “Earth to ARDA” by Eron Grant

couple

By Angela Simmons Sandstede on behalf of my parents

Please help my Mom and Dad Diamond Resorts, AARP, ARDA, Minnesota Attorney General Lori Swanson, and Hawaii Attorney General Doug Chin

March 6, 2018

I am writing this article because my mom and dad had to sign a non-disclosure agreement. When my mom, who is diabetic, started slipping into a diabetic sugar shock during a sales presentation, the Diamond “Hospitality” representative at Mystic Dunes, Randy Siegel, told my parents to sign papers to lock in a price per point. What they really signed October 2017 was a purchase agreement to buy a Sampler (trial) package for $3,995. They already owned 78000 points. Why would they need a trial program? Diamond refunded all but the down payment. For this they had to sign an NDA? But guess what – this was nothing compared to what happened next. If you do the math, there is no alleged about what happened.  

Roy and Lillian Simmons, ages 69 and 70, Minnesota residents

My dad is a Navy Veteran

Our YouTube: You have to listen to the YouTube for this to make sense

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

My parents, Roy and Lillian Simmons, had been loyal and happy Diamond Platinum members for almost 20 years. By 2014 they had purchased three or four US Collection Diamond vacation point packages ending up with 27000 US Collection points. In 2014 they bought 25000 Hawaii points transferring their US Collection points to the Hawaii Collection now owning 52000 Hawaii points. Everything was fine up to this point.  

The horror began in 2015 when they were told they needed to transfer from the Hawaii Collection to the US Collection, buying 25000 more points for $151,192.  Now they owned 77000 US Collection points. Why back to the US Collection?

In Orlando Florida Diamond sales agent Rafael Cabrera told my parents they should not have bought Hawaii points. They were transferred from the Hawaii Collection back to the US Collection. The reasons:

  • Maintenance fees will go up because Hawaii is so expensive
  • They have hurricanes in Hawaii so they can have special assessments

March 31, 2016 they went to Diamond’s Ka’anapali Beach Resort in Hawaii. There they met with DRI sales agent John Jessup. Mr. Jessup told my parents they should transfer the US Collection points back to the Hawaii Collection to take advantage of a remarkable investment opportunity my dad described on our YouTube. It was remarkable, but it didn’t exist.

Transferring 77000 US Collection points back to the Hawaii Collection involved a weird 1000 Hawaii point purchase and transfer fee costing $32,840 or over $32 per point. You have to buy some points to transfer from one side of the ocean to the other. In other words, they were charged $32,433 for the non-existent investment opportunity. Diamond points, according to member reports, sell for $3 to $4 per point. Sales agents are quick to point out the list price is $9 going up to $11.     

According to my dad, he was told:

“Hawaii real estate is so valuable! Diamond can’t buy any more property. The “shares” are going to split! You can double your profits! You can get $3000 or $4000 a week for renting out your points!” said Mr. Jessup. “Being able to pay for maintenance fees and rent points is what sold us,” explained Mr. Simmons.

“I don’t know anything about Hawaii special assessments?” Mr. Jessup added.  

http://www.poipuowners.org/News.html

YOU CAN’T SELL OR RENT DIAMOND POINTS UNLESS YOU RENT TO FRIENDS OR FAMILY. DIAMOND DOES NOT ALLOW RENTING FOR COMMERCIAL PURPOSES. THERE IS NO SECONDARY MARKET FOR DIAMOND POINTS.

My parents are about to lose their house over this! Their monthly Diamond loan payment is $2,750 per month.  

My mom and dad live mostly on my dad’s pension from the US Post office plus Social Security. My mom teaches piano part time. My dad works part time as a substitute in a school kitchen. They were able to manage 52000 points before the last fraudulent up-sell but can in no way afford 78000 DRI points.

Three Barclay cards were opened – two in my mom’s name and one in my dad’s name to charge the down payment. The interest rate jumped to 13.9% for the Hawaii points, but was 9% or 10% previously. When filling out the Barclaycard application, the sales agent crossed off with a black marker all their credit card/Diamond loan expense information, I assume so they would qualify. “We don’t need that information. We just need your home mortgage and car,” he said. I just found this out as well. Mr. Jessup also suggested my dad pay off the Diamond loan by taking the money out of his retirement plan. “I worked as a Financial Advisor. This would only be an 8 to 9% penalty,” Mr. Jessup advised. When my dad spoke to a real Financial Advisor, he was told taking money out of his government retirement plan would have cost over 40% in taxes and penalty.  

My mom is so stressed over this pathetic attempt to make them STAY VACATIONED she is losing her health and so upset she could not participate in our You Tube. Her sugar levels are worse, affected by stress.

Through Social Media I have learned this “ping pong” upsell is a common and deceptive false claim – sales agents working for the same company telling members you should not have bought this or that collection, depending on what side of the Pacific Ocean you are on. You don’t have to be a senior citizen to get confused about the back and forth transfer up-sells.

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

Diamond at first acted like they cared. I reached out to Diamond Resorts Consumer Advocacy January 8, 2018. They asked for income verification because of the up-sell dispute. My dad sent income verification three times, but they couldn’t find it even though it was faxed. Each time Diamond’s hospitality agent would say they didn’t receive it, but then would say they did. Then they told my parents they were making over $100,000 a year. My parents did not even make that much money when my dad worked for the US Post Office.

A Better Business Bureau report was filed the end of February. A few days after filing, the Better Business Bureau closed out the complaint because Diamond responded, “They signed a contract.”

The FBI advised a recent Diamond member, those who feel they have been a victim of deceit and bait and switch to file a complaint with the Federal Trade Commission in addition to filing at IC3.gov and orally through the FBI’s public access line calling your local FBI field office (#4 then prompt #3 white-collar crimes). Contact Inside Timeshare if you have questions.

With all the complaints Inside Timeshare is receiving and passing over to the US team, this is only the tip of the iceberg. Irene and her other volunteers are inundated with formulating complaints ready for filing with the FBI, as we get results we will be informing you on these pages.

Remember, if you don’t know what to do whether it is similar to the above story, or you have been contacted by any company or just found a company on the internet and want to know if they are genuine, then contact Inside Timeshare for the best advice available. It will also help if you let us know if you are US or European based, this way we can point you to right team.

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FHA Marketing: Who are They?

Inside Timeshare was today asked to check out another company calling about timeshare claims, FHA Marketing.

Their website:

http://fhamarketing.co.uk/

There is no address given on the website only a phone number 0121 667 9401 which is Birmingham.

Shows no company information, no Company House registration number, then when searching Company House we find no record of any company with this name. The website itself was only registered on 15 March 2017, so is a very new company. The registrant is hidden by a privacy service, so there is no way to find out who is behind it.

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Inside Timeshares contact called the company as they had been informed of the call by one of their own clients, when they asked about company details and registration numbers they were told “sorry I wouldn’t know anything about that I only manage the call center”. Well, surely if you are working for a company you would have all those details to hand.

They say in their email that they are working with a number of legal teams across the UK, running compensation claims against timeshare companies. They also go into some detail about the “groundbreaking” court rulings which are making this possible.

Their “legal actions” are processed by “claims assessors” who collate information for a claim on a no win no fee basis. These assessors offices are in Redditch with a satellite office in Manchester, the only company found in Redditch with an office in Manchester is RSB Legal. (So are they working with them?).

If the claim is successful it will be split 70/30 with 70% going to the client, this is the same figure for RSB Legal. Now the other factor to bare in mind is, even if the claim is successful you will still own your timeshare and be able to use it. If you want to be rid of it the assessor will give “free, independent and valuable advice on this”. (I will also wager that it will be a very hefty cost).

So it looks like they are going down the section 75 credit consumer act route.

There is only one problem with this, Inside Timeshare has not come across any case where a section 75 claim has paid out for any timeshare. After all you will have owned it for many years and been using it, so the credit card company quite rightly will claim that there is no claim as you have received the goods and services you paid for. Just because the law now says that any timeshare purchased in Spain which breaches their timeshare laws makes the contract illegal is not a basis for a claim.

The only way to claim for a mis-sold timeshare under the Spanish law is through legal action in court (which will aslo make the contract null & void) using a bona fide law firm with experience in this field. These are actually very few and far between as most law firms would not touch this area before the law was clarified by the Supreme Court. Which also brings up the point of the comment at the end of their email:

“Latest ruling from European Supreme Court in relation to perpetuity  –

EU LAW states that ‘’timeshares can only be sold for a period of between 3 and 50 years’’.

THIS IS THE LAW. PERPETUITY IS ILLEGAL”

This ruling was not from the “European Supreme Court” which does not exist, it is known as the European Court of Justice.

This ruling was made by the Spanish Supreme Court in Madrid, with the first and subsequent 50 rulings being secured by only one law firm, which we have mentioned here in the past, Canarian Legal Alliance. These rulings also only apply to timeshares purchased in Spain since January 1999 when the law 42/98 was enacted.

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The EU Timeshare Directive is not law, they are just that, “directives”, which member states should enact into their own domestic laws. Spain included the maximum term for contracts no longer than 50 years as they believe it is wrong to enter into a contract with your children inheriting a contract they never agreed to. Spain also included the “Points and Floating weeks” systems, as these did not provide any tangible product as they are a “right to use” and “subject to availability”.

So once again the point of the story is due diligence, do your homework, ask the questions, can they prove what they say? How long have they been in business? Are they registered companies? (Although this in itself does not mean they are legitimate).

If you have been contacted by any company and want to know about them or how to find the information for yourself contact Inside Timeshare and we will point you in the right direction, after all that is what we do day in day out.