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Samuel Melendez

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Money Vs Morals

A Fraudulent Timeshare Sale can pose a National Security Threat

One Marine sacrifices, not only his money and his security clearance, but also his air unit command, as a result of believing a timeshare sales agent.

Secretary of the Navy, Richard Spencer, former Marine Corp pilot and investment banking and capital market underwriter, was also president of Crossroads Investment, LLC, a leading venture capital and private equity fund-of-fund investment firm.   

http://www.navy.mil/navybio_ldr.asp?id=1001

NNSA

December 27, 2017

By Irene Parker

Inside Timeshare received an alarming response in response to last week’s article about Samuel Melendez. Mr. Melendez spent 21 years in the U.S. Army, working with soldiers and colleges to teach them chemical, biological and nuclear defense. A Diamond Platinum member, he alleges he and his wife Delores were up-sold by deceit and bait and switch by Diamond Resorts top selling sales agent Rick Casper at DRI’s Polo Towers resort.

Inside Timeshare has been informed one Marine lost more than his money and security clearance. He lost his air unit command, as a consequence of believing a timeshare sales agent. He was forced into foreclosure which jeopardized his security clearance. We will not name the Marine who lost his air unit command, or the timeshare company, because Inside Timeshare has received reports directed against four timeshare companies offering members of our armed forces deals like the ability to rent for a profit, the ability to easily sell vacation points, or buy vacation points at a special military discount price that does not exist. Fifteen active duty and retired military and law enforcement personnel allege they were sold by deceit.

Marine

Former Marine Jeff Diehl describes how his Vacation Village sales agent over promised the income that could be generated from renting his week.

Jeff Diehl

http://insidetimeshare.com/fridays-letter-america-30/

Jeff expressed outrage after hearing a fellow Marine lost his command post due to predatory timeshare sales. He sees such tactics as a threat to our national security. “It would be easy for anyone, seeking to do our country harm, to get hired to sell vacation points in an effort to remove an armed service member from their command post,” said Jeff. Jeff is encouraging service members to write to the Secretary of the Navy Robert Spencer and Commandant of the Marines Robert B. Neller, as well as other directors of our armed forces.

I fear Secretary of the Navy Robert Spencer, a former top venture capitalist, may have conflicting feelings about how Diamond Resorts, owned by Apollo Global Management, achieve their sales target. Apollo is the third largest private equity company. Secretary of the Navy Spencer is a former Marine Corp pilot and a former investment banking and capital market underwriter. He was also president of Crossroads Investment, LLC, a leading venture capital and private equity fund-of-fund investment firm. Mr. Spencer was sworn in August, 2017. Apollo manages Diamond as a fund of funds.  

Our fifteen Timeshare Advocacy Group™ military and law enforcement members have mobilized as a unit of armed forces to put an end to timeshare’s predatory sales and marketing targeting the military. Jeff, a retired Marine and disabled, is the unit commander. All fifteen allege they were sold a timeshare by deceit and bait and switch. Four are worried about losing their security clearance. Four are disabled.

https://www.mca-marines.org/gazette/2017/11/242nd-marine-corps-birthday-message-commandant-marine-corps

Given dismal regulatory enforcement, we fear the only court open to any timeshare buyer alleging deceit is the court of public opinion, so in addition to 15 members of the Army, Navy, Coast Guard, Air Force and Marines, alleging they were victimized by Vacation Village, Bluegreen, Wyndham and Diamond timeshare sales agents, four members of our media outreach committee will assist our military in an effort to reach mainstream media.

Diamond Resorts is offering free passes to the military and to first responders for their upcoming invitational golf tournament to be held in Orlando January 12 – 14. Model and golf pro Blair O’Neal is featured.  

https://www.insidethegate.com/2017/12/military-first-responders-to-receive-complimentary-tickets-to-third-annual-diamond-resorts-invitational/

USN

Navy computer technicians Amanda and George Jones are also worried about their Navy security clearances. Amanda and George say they were told by two Diamond sales agents, at two different locations, there are many companies that specialize in refinancing timeshares. Banks will not finance timeshares. They too could be forced into foreclosure and lose their security clearance, unable to afford the 18% timeshare loan interest rate.

Amanda and George Jones were featured in last week’s article. Mary Bowling, former #2 top selling Diamond Resorts sales agent, describes in a lawsuit, how the deceptive “price freeze” works.

Amanda and George Jones

http://insidetimeshare.com/tuesday-slot-irene-3/

Here is the “price freeze” script

Case 1:17-cv-00562-DKW-RLP filed in Hawaii District Court Page 10 of complaint

#43 Owners Update is deceptive because it is to sell points.

#44 Customer is told the current “list price” but the agent has to see someone else.

#48 the sales agent has customer sign a form indicating they were updated and the agent has to have the manager sign off.

#49 the sales manager has reviewed all prior customer contracts and the manager falsely states the customer was given a “price freeze” but none exists.

#50 (In bold) because of the “price freeze” only today can the customer buy for the discounted price.

#51 (In bold) the price given is the real price planned from the outset.

#52 the “price freeze” never existed because (a) The special deal available to this customer only is available to anyone and (b) Urgent to buy only for today

#54 this is lucky news for the customer – brand new information!

#55 the sales agent waits for the customer to “step in”

George and Amanda Jones “step in”

We went to an orientation in Orlando presented by DRI sales agent Jonathan Pineda at DRI’s Resort Mystic Dunes March 2017. (This is the second complaint Inside Timeshare has received from our readers directed against Mr. Pineda) We ended up purchasing an additional 4000 points for $15,732. Our loan balance $13,271.16 is financed at 18.6794%. Jonathan (like our first Virginia DRI sale agent), said both loans could be refinanced and combined by companies that specialize in refinancing timeshares. He said we would have to wait until we made our first payment (long after the contract rescission period). When we asked for a company name, Jonathan said we could google it.  

We were told we were buying our second purchase in Orlando at a price point that was almost unheard of and was not being offered to any new Diamond customers right now. “I can’t believe your first sales agent didn’t tell you about this price from the first purchase!” Jonathan said.  If we did not buy that day we would lose out and would go from $2.85 per point to $10 from that day on. He said not to go to any future promotional events because it would change our price point. Jonathan said parents had died and the children did not want the points so DRI was reselling at this low price.

Jonathan also said that we needed to get to Gold so that we could pay our maintenance fees with points. We have since learned only Platinum members can use points to pay maintenance fees at $.04 per point. He said it would be worth it to spend all our savings so that we would not have to pay maintenance fees. We were not comfortable so we only bought 4000 points.

USArmy

Samuel Melendez, Army veteran

http://insidetimeshare.com/nightmares-timeshare-street/

Mr. Melendez is the eighth Rick Casper Platinum DRI member to reach out to Inside Timeshare, and the only complainant not to have been resolved. The Melendez complaint was dismissed. Mr. Melendez said he received an email from their DRI Consumer Advocate hospitality agent, with the family’s initials on their contract, confirming the oral representation clause.

Platinum members are Diamond’s most loyal customers. They are unsuspecting because they have dealt with the company for years without major complaints until their encounter with Rick Casper or others with questionable business practices.

We’re not sure if Rick Casper is still with DRI. Like Elvis, some members report Rick Casper and Wadji Kassas (another name frequently mentioned) are no longer with the company, while others tell us Casper and Kassas are still working at DRI. I can imagine them holed up in a special Platinum bunker.

Inside Timeshare also published the story of army veteran Terry Carter, diagnosed with blood cancer. Terry lived next to a burn pit in Iraqi. Bluegreen offered this family a loan cancellation but no refund. Terry says he will not give up without a fight. Sold in a group presentation, promised the ability to sell their timeshare at a profit should they need to sell, the family is demanding a 50% refund. Bluegreen’s defense is the family used the timeshare for 19 days since making their first purchase in 2013. They stopped making loan payments in July.

Terry Carter http://insidetimeshare.com/tuesday-slot-irene-2/

One of the worst upsell stories was reported to Inside Timeshare by Karen Vartan, another disabled vet. She was contacted by DRI marketing in San Diego. As a Platinum member for more than five years, Karen was hosted by the Diamond Resorts East Coast Mystic Dune Sales Team in Arlington, Virginia. Karen says she was told if she purchased 25,000 additional DRI points, added to her exiting 57,000 points she would have 82,000. But if purchased today only, double points – 165,000 – allowing Karen to be able to pay her maintenance fees with points left over to travel. The program does not exist. Diamond’s response was again to provide Karen with her initials on her contract acknowledging that Karen “did not rely on any oral representation to make her purchase.”

Canada is also represented in our military victim report  

Canada

Roxanne and Terry Hurley

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

Inside Timeshare directed Roxanne and Terry Hurley to Diamond Resorts Consumer Advocacy department over a year ago after the family reported they lost their entire life savings to DRI. Chalk it up to a bad decision, but having served in the Canadian army their entire career, they have nothing left. DRI did provide some help. We are not lawyers, so are not privy to the terms, but the family thought it would be alright, not violating the non-disclosure agreement, to admit they are still DRI members. Roxanne’s mom’s condition has worsened since she reached out to us. With no secondary market, their savings wiped out, their dream vacation future turned into a financial tragedy.

homeland

Law Enforcement is also at risk

Lela Renea is a Florida detective trying to work with Bluegreen to resolve her complaint.  Inside Timeshare, back in July, published Detective Renea’s article describing how she feels she was a victim of a Bluegreen bait and switch. We will not use the word “alleged” because if anyone knows they were baited and switched, it’s a detective.  

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

Scotty Black, MS Criminal Justice, also works in law enforcement. Inside Timeshare will publish Scotty’s battle with Diamond Resorts in an upcoming article. Detective Renea and Scotty could also lose their security clearances if forced into foreclosure.

There are others who have moved on. We will not republish their articles or mention their names, as they have signed a mutual release agreement, agreeing not to say anything bad about Diamond Resorts.

When will this industry wake up? Never, I fear if there is not some federal enforcement. Members cannot even file a complaint effectively with the weakened Consumer Financial Protection Bureau if the timeshare company finances the loan because, as not the actual lender, there is no drop down CFPB menu choice to select a timeshare company. Only banks are listed.

monay v morals

According to FBI agents I spoke with, and several attorneys, hiding behind the oral representation clause is not legal but continues as a hamster wheel because there is no federal timeshare enforcement. In our opinion, state enforcement is, in some states, influenced by powerful lobby dollars. With so little enforcement, unscrupulous sales agents have little to fear. Lie to make the sale, force the member into foreclosure, take back the points, resell for full value to the next consumer.

Virginia Attorney General Mark Herring has dismissed all Diamond Resorts complaints, submitted by members who contacted Inside Timeshare, despite Arizona Attorney General Mark Brnovich issuing an against DRI accusing the company of violating the Arizona Consumer Fraud Act. The AZ AG office received, according to a source, 400 complaints, and an additional 500 complaints after the press release.

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

We do not dispute there are many timeshare members, having not yet experienced a life crisis, who use and enjoy their vacation points. We know there are honest timeshare companies, like Disney Vacation Club, and honest timeshare sales agents, but it would take another lengthy article to list the lawsuits that have evolved, like the Wyndham whistleblower Trish Williams $20 million jury award describing TAFT days – tell them any blank think on slow sales days.

At least timeshare members, those who find Inside Timeshare or one of the self-help groups listed below, are not silenced and isolated.

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

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

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

https://tug2.com/Home.aspx

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

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

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

help

          

 

nightmare

More Nightmares on Timeshare Street

Today’s article is rather disturbing, it highlights how members of the armed services and veterans are being targeted by unscrupulous sales agents. For people who put their lives on the line, this behaviour is particularly obnoxious.

Timeshare Wars

Samuel Melendez, our Advocacy group thanks you for your service to our country

troops

By Irene Parker

Diamond and ARDA seek to destroy me. I know that sounds melodramatic, but sources tell me it’s true.  I’m confident this will happen sooner rather than later. The industry and ARDA’s answer to our advocacy efforts is to behead the messengers rather than examine the business practices of top selling agents. I’m told one executive even commented, “They are victimizing the uneducated,” in regard to Timeshare Advocacy Group™ and our efforts.

Please read the American Resort Development Association’s (ARDA) Code of Ethics and Eron Grant’s article about the code before reading the following ten reader reports about their allegations of deceit.

http://www.arda.org/ethics/

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

Diamond Resorts and Bluegreen each give $1 million a year in the form of voluntary “opt out” donations to the timeshare lobby, a PAC, called ARDA ROC. Members are told it is a nonprofit that helps timeshare members. It is doubtful many members even know what the letters ARDA ROC stand for. Marriott’s contribution is an “opt in” donation. It took several calls to have my $7 removed from my account. When I called in November, I was told it was a delinquency. Having researched timeshare for over two years, I was able to determine the $7 was moved from one account to another. I suspect it was to have me forget about it as it mushed into the 2018 invoice.    

In a span of ten days, Inside Timeshare has been contacted by seven active duty and retired military, describing how they say they were defrauded by predatory timeshare sales agents from four companies.  A 100 page summary of 249 complaints against timeshare sales agents and companies is available upon request by regulatory authorities. Of the 249 complaints, 233 are against Diamond Resorts.  I am a Diamond member. I did not choose to do business with Diamond. We were acquired in the ILX Arizona acquisition. If I were instead a Bluegreen member, 233 out of 249 complaints would be against Bluegreen. Bluegreen members have their own Advocacy group supporting members who want out of their Dream Vacation that can become a Nightmare when a life crisis occurs.  

troops2

Today we thank Samuel Melendez who spent 21 years in the army training soldiers, working with colleges, teaching chemical, biological and nuclear defense. When a military family is forced into foreclosure because they were lied to about being able to sell back points or finance at a lower rate, they don’t just lose their money. This can jeopardize their security clearance and their job.  Amanda Jones, featured in Tuesday’s article, has suggested individual base commanders be informed in the hope they will ban service members from attending timeshare presentations and events. “The Diamond sales agent that sold us points said he was a Marine. If he is not, that’s stolen valor. Base commanders need to be aware of the predatory nature of timeshare sales. My husband George and I, Navy computer technicians, feel we were victimized.”   

The Tuesday Slot with Irene

If seven members of the military, describing how they say they were defrauded were not enough in a week, Gay and Ed Brewer called me yesterday. My husband and I owned a bioavailability pharmaceutical research laboratory, but I have heard more grave medical conditions in the last two years assisting timeshare members, than I did in ten years as president of our company.   

Gay Brewer, 74 and Ed Brewer, 77

First, here is Diamond’s Rebuttal to my article written for Jim Cramer’s TheStreet about Apollo’s acquisition of Diamond dated June 30, 2016.

It is also incorrect to state that Diamond Resorts is “not interested” in liquidity in the resale market for timeshares because the company profits from “reclaiming” vacation ownership interests that are defaulted on by the customer. To the contrary, Diamond Resorts understands that customers experience life events that change the circumstances from when they originally purchased vacation ownership interests. That is why the company not only permits resales, but we also recently announced a new “Transitions Program” to launch soon, and will allow those in good standing to relinquish their points to the company in a simple, safe and respectful manner.

https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html#2

The snag is “in good standing” because almost all timeshare members contacting Inside Timeshare say they were pressured into high interest rate loans. All timeshare companies can and do cancel loans. I’ve come to learn it is a matter of who wears down whom first.

According to Gay Brewer,

Ed’s heart stopped beating three times this past year. He has had a prior heart attack. He has had a Pacemaker defibrillator implanted which has fired three times. He cannot fly on an airplane or be exposed to high altitudes. He is monitored 24/7 by a Holter monitor. We had to evacuate our California home due to the Liberty fire. At present we are receiving 12 collection calls a day (six each) from Diamond’s collection agents.

Deneice Vargas, another Diamond member in foreclosure (her husband Louis is diagnosed with Bell’s palsy), told me “When DRI Consumer Advocates are not busy advocating for members by researching and providing the member’s initials on the fine print, in response to “the sales agent said”, they make collection calls.” The oral representation clause may make this legal robbery, but Social Media is eventually going to catch up. Several attorneys have told me the oral representation does not allow timeshare companies to get away with sale agents who lie, but there is virtually no enforcement. State enforcement is spotty at best.

The Brewers were Monarch owners. Like so many, they were told they had to give up their deeded week. This was not true. Four or five contracts later, after the last up-sell at Diamond’s Polo Towers Resort, they decided they regretted buying points due to disappointment in availability. While I find good value in Arizona and Orlando using points, limited availability is a major complaint voiced by Diamond and Bluegreen members. The Brewers have written to DRI Consumer Advocacy:

Diamond Resorts Consumer Advocacy

We are asking our loans be cancelled due to medical and financial hardship. We were told we would not be able to use our Monarch week unless we bought DRI points and that our Monarch week was worthless. We were never told of the option to deed back the week to DRI. Due to the burden of medical bills, we have not made payments since July and will not be able to make future payments.

We contacted Exit Timeshare as they guarantee timeshare release but they said they would charge us $28,000. I contacted Irene Parker. She told us to contact Diamond Resorts Consumer Advocacy instead. She said DRI Advocates have helped many in our situation. We were not aware there was a DRI Advocacy program.

Please contact us as soon as possible. It was never our intention not to meet this obligation, despite the fact that there was never adequate availability when we tried to book and we were never told of the option to deed back our Monarch week. We have learned that on TUG Timeshare Users Group, DRI is accepting more than 95% of requests, if in good standing.  

Thank you for your consideration.

Gay Brewer

army

Samuel Melendez Response to DRI Advocate Ben from Irene Parker

Mr. Melendez, DRI Complaint #207/233, is the eighth Platinum member to contact Inside Timeshare alleging financial institution fraud, deceit and bait and switch by DRI agent Rick Casper. The depth of corruption and the degree of criminality is now over my head, based on Karen Varten’s and Samuel and Delores Melendez report preceded by 231 others. Mr. Melendez and Ms. Varten have both reported a negative outcome.  

The Melendez family Edward Jones financial planner contacted me, so I am responding on the family’s behalf. I retired from Edward Jones Hawaii. Their EDJ financial planner had researched timeshare a little and found a law firm offering legal assistance for well over $10,000. He asked me if he should refer the family to this lawyer. I have nothing against the firm he mentioned, but I told the EDJ broker to hold off because I have referred seven other Rick Casper Platinum up-sells to Diamond Resorts Consumer Advocacy and they have helped all of them. They reported a positive outcome, albeit one needed the assistance of the Arizona Attorney General. What did Mr. Melendez receive from their Diamond Consumer Advocate as a response? Basically, they received a reminder of the oral representation clause, and their initials on the fine print, despite seven other identical Rick Casper complaints from members who received positive outcomes.

I spent a good two hours on the phone Monday with the FBI. My new neighbor is a federal prosecutor on sabbatical from California. I asked him for advice, but he only knows about murders. After speaking with the FBI (for the fourth time), and a few lawyers, I am convinced the oral representation clause does not hold water when used to hide behind. The FBI explained what it’s going to take, so we are filing complaints first on the FBI website IC3.gov and then orally, on the FBI tip hotline, found on the FBI website. Rick Casper is not the only DRI sales agent pitching bogus resale and maintenance fee programs that don’t exist. We have recently received complaint about a Las Vegas sales agent by the name of Adam Mendenhall offering point upgrades that would allow paying maintenance fees at $.30 per point. This program does not exist. DRI sales agents that make $1 to $2 million a year in commission tend to get more attention.  

One of our core advocates is a Tampa detective. She has advised us to file with the Nevada Real Estate Division. She was duped by Bluegreen. Like the detective, Scotty Black, DRI Complaint #164, works in law enforcement and has a MS in Criminal Justice. At least I have some help.

George and Amanda Jones, DRI Complaint #211, a married couple living in Virginia, are Navy computer technicians. Scotty, George and Amanda cannot afford their timeshare because of being told it would be easy to get their timeshare refinanced at a lower rate because the DRI sales agents told them there are many companies that specialize in refinancing timeshares, among other allegations. Forced into foreclosure, they could lose their security clearance and their job.  

Last week I was contacted by seven members of the armed forces, active duty and retired, four DRI complaints. Only the Air Force is not represented. Karen Varten, DRI Complaint #219, a Platinum up-sell, was contacted by DRI Marketing San Diego, hosted by Florida DRI sales agents in Virginia. Karen owned 57,000 points. She was told if she bought 25,000 additional points (totaling  82,000), if purchased today, she would have double points so 165,000 points to cover all maintenance fees and still have points left to travel. What was the response to her complaint? She was provided her initials on the contract.   

Preying on the young and old is bad enough, but Mr. Melendez taught our young men and women in the army how to defend themselves against biological, chemical and nuclear weapons. He sent a lot of those young people to war, and some of them did not return, protecting (alleged) predators like Rick Casper and, as the reports below offer compelling and compounding evidence, Diamond Resorts as well. Circumstantial evidence is still evidence.

Mr. Melendez has filed complaints with the FBI and the BBB. In the unlikely event DRI will help this family, please contact him by Wednesday, before we publish this article. There would be nothing that would make me happier than to end the year with a happy outcome for someone who spent 21 years teaching soldiers how to be protected from biological, chemical and nuclear weapons, instead of forcing this family to fork over – more than $10,000 the family will need to pay an attorney to get them out of this mess if DRI does not help them. After the last Rick Casper up-sell, their monthly payment has escalated from $431 a month to $2200. They told me they told Mr. Casper they were worried about passing this burden on to their heirs.  

All of the Platinum members listed below liked DRI, but now tell me they think this is the most crooked company in existence. I feel a little like Martin Luther, thinking the Catholic Church would appreciate his exposing corruption in the Catholic Church.  ARDA has had the same reaction as the Pope did then. A copy of all reports is sent to ARDA’s General Council and CEO in the hoping they will read their Code of Ethic.  

Irene Parker

Seven other Rick Casper Platinum up-sells totaling $819,000 including Mr. Melendez $133,000.

1 CL $75,000

During our meeting we were told about all the new changes that had been discussed at the Dinner that would allow us to sell our points. My husband has Cancer so all that was going through his mind was trying to make a choice that would help me later on if the Chemo doesn’t work and when Rick Casper convinced him this was the answer that’s all my husband heard. When we were in that office he was Stage 4. He has Colo-rectal Cancer that has spread to his Liver and Lungs. Our Las Vegas trip was something we wanted to do before my husband started his treatment.

I don’t understand how the DRI finance team could even approve us for a $75,000 loan for Timeshare Points when we had been turned down from two different companies while trying to refinance our house just this past year. Both requests were for under $100,000.

2 Nancy Callahan, age 69 $142,000

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

3 KK, age 61 $117,000

We have a picture of Rick and pitch

Questionnaire sheet last two questions: Had you attended dinner? What is your exit strategy? Apollo had dinners informing members Cloobeck was leaving.  Not everyone heard the presentation so Rick was talking to members Platinum about the Legacy program. He said DRI never allowed you to sell points. This will. He knows real estate people can get $5 on resale for DRI points. New members are paying $9 so if you buy at $4 it is easy to sell. He had contacts that he could set us up with. 12/29/2016

4 RB, age 66 $75,000

Mr. Casper said on at least four occasions I was eligible for a Pool Party Upgrade that would provide an exit strategy. He said the program was about to expire so I needed to write a sentence that said I wanted to do this and he would get the purchase approved. I never received a copy of the sentence. The purpose of the purchase, according to Mr. Casper, was to make my existing points more valuable. Mr. Casper went on to explain that this exit strategy would allow me to monitor and sell the points. He mentioned that he is a family man and does not want to pass his points and maintenance fees on to his kids.

5 JH, age 56 $132,000

“The main benefit that he presented was the ability to convert points directly into cash at $0.30 per point. If at any time during the year we had leftover points we could be reimbursed for those points in cash.  All we had to do was contact Dan Percy and he would process the transaction and put the money on our reloadable Visa card.”

I continued to ask questions about each benefit so that I would be certain.  I worded questions differently to see if I would get the same answer.  I threw out this scenario; “If at the end of the year I have 30,000 points still sitting in my account, you’re telling me that I can get reimbursed cash for these points at $0.30 per point.”  His response; “Absolutely – You contact Dan Percy and he will load $9,000 onto the Visa card.” We purchased 40,000 points to get us to the level of “Super Platinum”.

6 AC, age 68 $55,000

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

We purchased an additional 20,000 points on July 16, 2016 for $55,200 from Richard Casper, at Cancun Resort, Las Vegas. The reason we purchased these points is because Rick told us if we went from Gold, to Platinum status, he could sell the points if we needed to. In addition, he told us we could substantially reduce our maintenance fees by submitting receipts to him for goods and services. We have never seen a tangible way to reduce our current $8,685 maintenance fees.  

We contacted Richard Casper by email on April 7, 2017 because we need to sell the 20,000 points. We received an autoreply stating to contact VP Dan Percy. We talked with Dan Percy on April 14, 2017. He stated that Diamond Resorts sales personnel don’t assist people who need to sell points and are not allowed to provide any company names that buy and sell timeshare.

In addition, during our sales presentation with Richard Casper July, 2016 we asked about combining our eight contracts. He advised that any free and clear points sold on the resale market will have the same benefits except loyalty level as long as no more than 20,000 points to one individual and it would be better not to combine the points. He stated that many Gold owners would be happy to buy 20,000 points at the lower price to become Platinum owners.  

7 JM, age 61 $90,000

Rick Casper was introduced to me as a Platinum specialist. Mr. Casper said I made a big mistake buying Hawaii points and a bigger mistake transferring the 20,000 points I bought in Daytona, due to a class action lawsuit against DRI members causing exorbitant increases in maintenance fees because of storm related beach erosion.  

Mr. Casper said I had to transfer back to US Collection and if I owned 100,000 points I would be unofficially known as a double platinum member and I would be able to sell any unused points in November and December each year back to Diamond at 30 cents per point, as DRI could sell those points annually to other members. Mr. Casper said this was closely regulated by the authorities. Mr. Casper said by selling these point back to DRI at 30 cents per points I could pay some or all of my maintenance fees for that year and any years to follow. Mr. Casper said this would allow my children not to have to pay maintenance fees.  

“You are really passing your children a bill.  We have a new program if you reach me in November to let me know what you did not use. Diamond will buy them back at $.30 for that year only to, ‘put them back in the kitty’. We need the points because we can sell them to other people who need them.” He illustrated the money we would be paid on a piece of paper.  “What are you waiting for? This is a no brainer,” he said. Mr. Casper convinced me to return to the US Collection the 20,000 points I had transferred in Hawaii 2015 due to beach erosion. I purchased an additional 30,000 points. I now owned 115,000 points.

In November 2016 I called Rick Casper to inform him I had 80,000 points I wished to cash in so that I would receive $24,000 (at 30 cents per point) as Mr. Casper illustrated during our sales presentation.  However, he denied any knowledge of any such arrangement. I explained I had a guest with me at the time, S L, who heard everything he said.  .

Mr. Casper said the reason for the 30 cent per point program was due to the sale of Diamond to Apollo. Mr. Casper said Mr. Cloobeck wanted to do something for members who owned over 100,000 points to show his appreciation so he included the 30 cent per point program in the terms of the Apollo buyout.  SL and I clearly remember this conversation

My current loan payment at the time of the presentation was $1,650 per month. Mr. Casper multiplied that by 12 totaling $19,800 in payments annually plus $14,000 per annum in maintenance fees or $33,880 for annual maintenance fees and loan payments combined. He divided this figure by 12 resulting in $2,816 per month. In the 50,000 additional points Mr. Casper offered, he stated it would only cost an additional $400 per month or $4,800 per year. If I sold back the additional 50,000 points at 30 cents per point I would receive a check back for $15,000.

As stated previously, when I contacted Rick Casper to sell back 80,000 points, he acted as if he did not know what I was talking about. I own a truck leasing business and S is a secondary school teacher. In no way did we misunderstand the figures above.  

There was undue pressure to open a Barclaycard. I explained that I did not need an additional credit card. Rick Casper insisted I open a Barclaycard. I feel the Barclaycard is part of the strategy used to play out what I consider to be a con. 

I then spoke with Dan Percy and then Seth Johnson. I thought Mr. Johnson and I were close to a resolution when he suddenly stopped responding to me.   

At a meeting in Palm Springs, CA between Christmas and New Year’s 2016, we met with someone who seemed to be an ombudsman about the poor accommodation we had been assigned. During the course of our meeting I mentioned Rick Casper. She closed her book and said, “This meeting is over.”  I asked several times why and she finally said Rick Casper was under investigation.

I want to return to the 50,500 points I originally owned prior to the deceitful sales. I was not unhappy with Diamond until the deception started.

8 The first Monarch complaint I read in 2015 back in the day when I thought the Cancun Resort was in Cancun.

Burns

Former DRI CEO David Palmer’s friend from ADW Capital, recommended Diamond’s stock because there is no secondary market. This is a mock interview I published after reading the above complaint, shortly before I received an executive perk agreement leaked to us about how Diamond founder and former CEO Stephen Cloobeck was allowed, as a perk, 50 hours use of the most expensive aircraft in the DRI fleet with the flight crew, for non-business use. Last time we checked, Mr. Cloobeck is running for Nevada Governor, lauded for donating $400,000 to the victims of the Las Vegas shooting.  

http://insidetimeshare.com/new-across-atlantic/

Leon Black, founder of Apollo Global Management, is worth $6.5 billion, according to Bloomberg. David Palmer earned $19 million in two years, a small portion of the wealth generated for his family during his tenure as DRI CEO.  As a former stockbroker and financial planner, I have nothing against generating great wealth, but not like this.

Diamond’s response to the six military who say they were defrauded: Free tickets for military members for their next event.

https://www.insidethegate.com/2017/12/military-first-responders-to-receive-complimentary-tickets-to-third-annual-diamond-resorts-invitational/

 

tues

The Tuesday Slot with Irene

Cameron House on the banks of Loch Lomond, a luxury 5 star spa resort, which also has timeshare interest at Cameron Lodges, was the scene of a tragic fire yesterday. Details of how the fire started have yet to be determined.

It has been reported that two people have died, they had only just married on Friday, it has also been reported that their young son was rescued by a firefighter.

Inside Timeshare and our readers offer our condolences to the family.

Judge Rules in Favor of Diamond Resorts in Billion Dollar Lawsuit

Plaintiffs did not opt out of the arbitration clause

Top Producer Sues Diamond in Hawaii Court:

Mary Bowling: An Accidental Whistleblower  

dollar gavel

By Irene Parker

Tuesday, December 19

A federal court judge in Nevada ruled in Diamond Resort Internationals favor in a lawsuit alleging thousands of elderly consumers were sold by deceptive and fraudulent means. The ruling is a lesson to consumers on the importance of opting out of DRI’s arbitration clause within thirty days of signing a Diamond timeshare contact. According to several lawyers I contacted, DRI has one of the only timeshare contracts that contain a class action ban, forcing arbitration. Arbitration rulings are binding and private.

Attorneys for Plaintiffs Ilona and Lester Harding argued the contract language, stating buyers could opt out of arbitration, was ambiguous, as the Harding’s contract stated they had 30 days to opt out, but the contract did not state when the 30 days began. After the lawsuit was filed, Diamond amended their contract. It now reads, “Buyers can opt out of arbitration 30 days from the signing of the contract.” An appeal is being considered. Our February 1, 2017 article describing the lawsuit:

http://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/

Arbitration clauses made headlines recently when Congress, in a tight vote, reversed a July 2017 Consumer Financial Protection Ruling that would not allow arbitration clauses to bar consumers from joining class-action lawsuits.

In an October 24 Inside Timeshare article we examined arbitration. Taken from Chris Parker’s City Pages article, Minnesota Attorney General Lori Swanson said, “Though arbitration may sound preferable to the expense and anguish of court, it hands a major advantage to companies. The costs savings aren’t much: Arbitrators usually charge $300-$400 per hour minimum, and some bill into the thousands of dollars. But arbitration clauses typically bar the consumer from joining class-action suits. The strategy has emboldened fraud on a massive scale. City Pages “The Plot to Kill Consumer Protection”

http://insidetimeshare.com/tuesday-slot-arbitration/

Former DRI Top Producer Mary Bowling Sues Diamond Resorts 

In a separate lawsuit filed in Hawaii District Court November 17, 2017, Diamond fired former top selling agent (#2 nationally) Mary Bowling due to customer complaints, but Ms. Bowling alleges she was fired for refusing to travel from Kauai to Florida to receive an award. Due to her disability, she could not endure such a long flight. Ms. Bowling states in her complaint, there were customer complaints directed against other sales agents, but they were not fired. Inside Timeshare (as of December 16) has received 231 Diamond complaints from our readers of which 221 allege they were sold a timeshare by agents employing deceptive practices, so Ms. Bowling’s allegations do not come as a surprise to Inside Timeshare. Over and over the complaint begins:

“Oh, you should have been invited to a dinner!”

“Oh, you should have received a letter!”

Navy computer technicians George and Amanda Jones have allowed us to use their Diamond experience as an example, but first, here are excerpts from the lawsuit filed by Mary Bowling. Ms. Bowling alleges deceitful practices are endorsed and encouraged. It is the opinion of Inside Timeshare Diamond is not alone in employing such tactics. We have received complaints directed against several major timeshare companies.

Interestingly, Mary Bowling is suing, not because of deceptive sales, but because she was terminated when no one else was. She applied for FMLA 2-12-16 and was terminated 2-15-16.

Case 1:17-cv-00562-DKW-RLP filed in Hawaii District Court

Page 10 of complaint

#43 Owners Update is deceptive because it is to sell points.

#44 Customer is told the current “list price” but the agent has to see someone else.

#48 the sales agent has customer sign a form indicating they were updated and the agent has to have the manager sign off.

#49 the sales manager has reviewed all prior customer contracts and the manager falsely states the customer was given a “price freeze” but none exists.

#50 (In bold) because of the “price freeze” only today can the customer buy for the discounted price.

#51 (In bold) the price given is the real price planned from the outset.

#52 the “price freeze” never existed because (a) The special deal available to this customer only is available to anyone and (b) Urgent to buy only for today

#54 this is lucky news for the customer – brand new information!

#55 the sales agent waits for the customer to “step in”

us navy

By George and Amanda Jones, Navy computer technicians

We contacted Irene Parker at Inside Timeshare because we are angry about what the sales agents in Virginia and Orlando told us about refinancing. We are asking both of our loans be cancelled and all monies refunded. We knew we could not afford this vacation product at the interest rate being charged.

January 2017 we purchased 7500 Diamond points at Virginia Beach Ocean Air

Purchase price $28,200

Loan Balance is $24,163.36 and the interest rate 15.99%

Sales agent Tony Jones said we would be able to refinance the loan. He told us there were refinancing companies that specialize in timeshare. We have since learned banks don’t finance timeshares. We had questions and planned to refinance but decided to wait until the orientation. We had a bunch of questions but Tony never answered the phone.

(Note from Irene: In bold are statements George and Amanda say were made to them, supporting Ms. Bowling’s allegations. Diamond’s response, identical to other timeshare companies, was to produce their initials and signatures found throughout the contract, allowing timeshare sales agents to say anything under the sun to sell points.)  

In Virginia Tony said the price we paid was the normal price. We paid $3.76 per point.

We went to an orientation in Orlando at DRI Resort Mystic Dunes March 2017

Sales agent Jonathan Pineda (This is the second complaint Inside Timeshare has received from our readers directed against Mr. Pineda)   

4000 points purchased for $15,732

Loan Balance $13,271.16 at 18.6794%

Like Tony told us, Jonathan said both loans could be refinanced and combined because other companies specialize in refinancing timeshares so it would be no problem to contact one of them after we made our first payment. When I asked for the name of a company, Jonathan said we could just google it.

We were told we were buying the second purchase in Orlando at a price point that was almost unheard of and was not being offered to any new Diamond customers right now. “I can’t believe your first sales agent didn’t tell you about this price point from the first purchase!” Jonathan said.  Jonathan said if we did not buy that day we would lose out on this price and we would go from $2.85 price points to $10 from that day on if we did not buy that day. From this point forward if we ever went to an annual update without the intention to buy we would have to pay $10. He said don’t go to any future promotional events because it would change our price point. Jonathan said parents had died so the children did not want the points so DRI was reselling at this low price. He said DRI broke the points up into smaller portions.

Jonathan said that we needed to get to Gold so that we could pay our maintenance fees with points. We have since learned only Platinum members can use points to pay maintenance fees at $.04 per point. He said it would be worth it to spend all our savings so that we would not have to pay maintenance fees. We were not comfortable so we only bought 4000 points, which still depleted our savings.

We did not have our member number so we could not even get online (Numerous complaints made by DRI and other timeshare company members, illustrate how the rescission period is dodged.)

Thank you to George and Amanda for sharing their story and to Mary Bowling for coming forward. Inside Timeshare has heard from six active duty or retired military. Scotty Black, MS Criminal Justice, is in law enforcement. Scotty also alleges he was duped by a DRI sales agent. Scotty is one of our advocates. He forwarded Mary Bowling’s complaint to Inside Timeshare. These are people who put their life on the line for us. When service members are forced into foreclosure it can jeopardize their security clearance.

US military

Inside Timeshare did not realize we were launching a new Timeshare Wars series when we published former Marine Jeff Diehl’s “Grandview at Las Vegas” Vacation Village story or former Army Terry Carter’s “Another Military Family Wages War against Timeshare” Bluegreen experience. Thursday retired army Samuel Melendez and disabled veteran Karen Varten share their story.   

http://insidetimeshare.com/fridays-letter-america-30/

http://insidetimeshare.com/tuesday-slot-irene-2/

Inside Timeshare has also interviewed or heard from three former DRI sales agents, one manager, and two senior managers supporting Ms. Bowling’s allegations. This former Diamond timeshare agent shares her experience:

“Another reason people don’t leave the room is because in many instances the sales agent has used influence/manipulative tactics to build trust with the customer. One sales manager at another timeshare company told me to order a copy of The CIA Document on Human Manipulation. Many times the sales agent does not even know what is in the contract or how the program really works and is just repeating the jargon given to them by management to get the deal done. In my opinion, management is well aware of the deceit preying on the goodness of people. These corporate contracts, protected by the oral representation clause, are like putting a baby in with a lion.”

Inside Timeshare reached out to Diamond Resorts for comment. The company did not respond.

Social Media is allowing members to talk to other members. If you have a timeshare concern, contact Inside Timeshare or one of these self-help groups.

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/

united

Thank you Irene for that very informative article.

Now for some latest news from Canarian Legal Alliance, who have announced another two rulings against Anfi from the Court of First Instance in Maspalomas.

Their clients contracts have both been declared null and void, with one client being awarded over £16,000 including over £5,000 in maintenance fees and legal interest. The second client will receive over 29,000€ plus legal interest.

As you are all aware the CEO of Anfi José Luis Trujillo has been sending letters out to members in an effort to discredit CLA, below are some figures showing the number of new cases with what has been paid out and what is waiting to be executed by the courts.

  • 430 new cases against timeshare resorts in 2017
  • 107 of them against ANFI
  • 77 SUPREME COURT victories against various timeshare  resorts (Spanish legal History ),  32 of the SUPREME COURT victories are against ANFI
  • 1,210,169.11€ in pay-outs already received  by our clients from ANFI
  • 5,516,694.81 €-  already won in the courts against ANFI and ready for executions

It just seems ridiculous that the CEO can deny that Anfi is losing in the light of these figures which are verifiable from the courts themselves.

If you require any further information about this or any other article, contact Inside Timeshare and we will be pleased to help.

Just in from Madrid Supreme Court

The Supreme Court has just ruled for the 78th time, on this occassion it has been against the Tenerife company Silverpoint. The court has declared the contract null and void, awarding over £7,000 plus legal fees and interest to a British client.