Browse Tag

Supreme Court

Midweek Roundup and Another Dodgy Looking Setup

Important Update: Another reader has identified Lance Steer as one Lance Oakley, an ex-Diamond Sales Rep and also of ex-EZE Group.

Another name has come to the attention of Inside Time share from a worried reader:

Positive Outcome – Contractual Specialists

With the address:

Rural Innovation Center, 10 Street Avenue, Stoneleigh Park, Kenilworth, CV8 2RG

Which is a serviced office rental center where meeting and conference rooms can be hired by the hour.

They use the telephone number:  02476 960 735 which is a coventry code, when this number was called Inside Timeshare was told we had the wrong number. We have susquently found that the telephone number belongs to Coventry Creative, Advertising and Graphic Design , Rover Road, Coventry, CV1 3HT which is Coventry market, a completely different area.

The contacts are: LANCE STEER & JOANNE JOHNSON with the email address:

[email protected]

So far no company with this name has come up on any internet search, using the email address does not link to any website and no information about Lance Steer or Joanne Johnson appear on any search.

So what has concerned our reader?

Very simple, they have paid by bank transfer for a relinquishment of their Diamond membership, yet are still getting demands for maintenance arrears. So it looks like yet again money is paid and the relinquishment is not done.

According to the emails our reader has received, Lance says he has been helping timeshare owners for over 5 years, funny how we have not heard of him before. The other strange fact is that in his emails he goes on to say why he has not been in touch with his clients, listing his illnesses, bereavements and severely disabled Father. Even getting an assistant Joanne, to email clients and explain all his personal problems. (see PDF at the end). Not the sort of information one would normally give. (Looking for sympathy comes to mind).

His emails also go on at length about Spanish Supreme Court rulings, how he has studied many case files and come to the conclusion that all these contracts are illegal. (Which is not surprising considering he sold many of them).

In order to give credibility he mentions Canarian Legal Alliance and places links to their website, even including screenshots attached to his emails. All the details he puts in these emails look as though they have come directly from the CLA website, even using the same phrases.

Another part of his emails go on to tell the clients that Diamond and other timeshare companies have no right to chase for maintenance arrears, or that Daniels Silverman the debt recovery company has no right to chase the debt.

Unfortunately, all this information has convinced our reader to pay for a service which Lance cannot provide, after all we have stated on many occasions in these pages that Diamond, Club la Costa and many other timeshare companies and resorts will not deal with third parties for cancellation of contracts. They will only work with the members directly.

So just from the lack of information on the internet and the lengthy explanations on his illness and private life, plus the fact that Canarian Legal Alliance have never heard of Lance, does get the alarms bells ringing.

Sticking with Canarian Legal Alliance, this week they have announced the following:

Their lawyers have secured another 242,391.46€ on behalf of 6 clients, on the receiving end of this is Anfi Del Mar. These funds have been paid directly to the court of San Bartelomé de Tirajana in Maspalomas. The clients are: 2 from the United Kingdom, 2 from Norway and 2 from Germany.

This comes from the procedure put into place by CLA with a team of their senior lawyers Eva Guitierrez and Judith Diaz Pascual and Cristina Batista, enforcing provisional execution of sentence within 40 days of the judgement being issued. This means that once the judgement is issued the timeshare company must lodge the awarded amount with the court voluntarily or it will be enforced.

There is also another form of securing the funds which has just been enforced by the Court of First Instance No 4 in Maspalomas, which has placed an “Embargo” on Anfi accounts in respect of funds which are due to a German client. These embargoes allow the court to directly take the funds from those accounts and place them in the courts account ready to be paid out to the client.

These moves by CLA have been placed to ensure that funds due to clients are secured, even if the offending timeshare company is appealing. It also stops the timeshare companies from delaying the payouts, which has been the case in the past, now the clients know that their money is secure.

That’s it for today, if you have had any dealings with any company or individual such as Lance Steer, use our contact page and get in touch, we would love to hear from you. You can also contact Inside Timeshare if you require any information relating to your timeshare or any company that has contacted you.

Click below to read the two emails.

Lance Emails

Thursday News

Now we are in July the legal world will start to slow up in Spain, the courts are beginning to wind down for the August break, but there will still be some news as sentences are issued for cases previously heard.

In the Court of First Instance Number 4, in Maspalomas San Bartelomé de Tirajana, Anfi have been on the receiving end of a very severe sentence, this particular one shows the courts are not taking it lightly when timeshare companies break the law.

The Court House Maspalomas

In this case Anfi have been ordered to payback double the amount paid within the cooling off period, this can range from 10 days to 90 days. The law states that no payment shall be taken within this cooling off period even by a third party such as a trustee, which many timeshare companies have tried to use to get around this law.

This follows the Supreme Court rulings which created jurisprudence in 2015 in favour of the clients. This has been confirmed many times in Spain’s highest court and has been followed judiciously by the lower courts.

The clients in this case have also had their contract declared null and void but will now receive over 63,000€ plus legal interest.

The Spanish Timeshare Law 42/98 has been in existence since 5 January 1999, yet until recently the timeshare companies thought they were immune, since March 2015 and the very first ruling by the Supreme Court, they have found they are not as powerful or immune from sanction as they thought. Now with around 124 rulings the odds are firmly stacked against all contracts which have infringed the law, leaving the timeshare companies to pay back millions of Euros to clients. (See PDF below for the full court sentence).

1st N4 Anfi data protected (ves)

In further news from the Supreme Court, they finally issued their ruling in a case against Puerto Calma, in Gran Canaria. They have upheld previous judgement that the contracts which were issued were illegal under Spain’s Timeshare Law 42/98. This follows all other rulings from the highest court in Spain, declaring the contract null and void with the client being awarded over £11,000.

It looks like David Cox may have resurfaced, a new post has just gone up on his website, this lists “cases” won in court for his many clients since July 2017 upto April 2018. At first glance it does all look very impressive with the figure being shown, but it is when you actually start looking at the list the questions then begin.

Every single entry is worded the same, “Mr & Mrs X won damages, interest and costs in the amount of £xxxxx”.

There is no mention of which timeshare company, which court the case was held in and no mention of what the infringements of the timeshare laws had been. There is also no mention of which lawyers or law firm had conducted the cases.

Surely if you were looking for credibility you would show these details and the court sentence papers on at least some of the entries. So could it be as he has claimed of others that these are all Bogus?

Another fact which is rather disturbing is his companies adverts on the forum Timeshare Talk, which is owned by Mark Rowe. The reason this is disturbing is we all know that David Cox had a falling out with his former partner, posting many scathing comment about Mark Rowe companies, then they all disappeared!

Have they now kissed and made up, it certainly looks like it.

As usual we leave you the reader to make up your own mind.

If you want to know about any company that has contacted you or have found on the internet, then contact Inside Timeshare, we will help you get to the truth.

Join us tomorrow for our Friday’s Letter from America where we give you an update on “Sheilah’s Pencil Pitch” article, with an introduction by our very own Irene Parker.

Starting the Week

Welcome to our first article for July, we start this week with some news from the Courts in the UK.

On Tuesday 19 June at the Royal Courts of Justice, The Upper Tribunal, Tax and Chancery Division, sat on hearing brought by the Financial Conduct Authority and Barclays Partner Finance. Presiding over the case was Judge Timothy Herrington.

The case centers around a petition to the FCA by Barclays Partner Finance to issue a validation order for finance agreements made between April 2012 and April 2014 for loan agreements involving timeshare sales in Malta.

It transpired that the company which brokered the finance agreements, Azure Resort Services Limited, were not authorised or licenced by Barclay Partner Finance. They approached the FCA to have these validated and claimed that no consumer detriment had been caused by this.

The FCA did issue a validation order on the evidence it had from Barclay Partner Finance, they then received many complaints from many of those affected, this numbered around 1,444 clients.

On investigation it was found that consumer detriment may well have been caused with the new evidence coming to light. But the FCA felt it did not have the authority to reverse the validation orders and the case went before the Tribunal to have the validation orders reversed.

Canarian Legal Alliance along with other law firms representing clients had representatives in court. In the case of the CLA client, the loan agreements was for the purchase of multiple timeshare weeks. These were upgrades to original purchases in the “investment” packs being sold by Azure Resorts, which is the Malta arm of Silverpoint in Tenerife.

These multiple weeks were sold with a promise that a resale program would be put into place, then after two years they would be sold and the “investors” would be able pay off the loans with the money they would make on the sales.

As we know this ploy has been going on for years in Tenerife by Resort Properties / Silverpoint, which are subject to many cases going before the Tenerife Courts and the Supreme Court in Madrid. These sales have never taken place.

The CLA client was given a loan of over £20,000 to finance the purchase, they were misled into believing that the weeks would be sold and the loan agreement would be only for a two year duration. In fact the agreement was for a 15 year repayment term.

It is also known that the clients who were 75 at the time of signing had the loan approved within days of signing. At no time were they asked for any proof of income versus outgoings reports. These clients also signed the purchase agreements and the loan application forms after more than 5 hours of intense high pressure sales. They also felt they had no choice but to make these purchases so as not to lose out on money previously “invested” for weeks which had not been sold. The excuse they were given was what they had previously purchased were not selling as they were not the type of weeks and apartments which people wanted to buy.

The Judge presiding over the case then adjourned the hearing for deliberation, a verdict is yet to be announced.

If the validation order is reversed by the court, then this leave Barclays Partner Finance in a very difficult position, the upshot is if these agreements are not validated then Barclays Partner Finance cannot pursue the borrowers if they decide not to continue the payments. The lawyer for BPF assured the Court that until the judgement, BPF would not enforce the agreements for those who have defaulted.

This also leaves many other questions regarding finance agreements for timeshares, how many more have been made by unauthorised licenced brokers?

It also poses the question of ability to afford the repayments, especially when these agreements have been approved within days of signing, how many have been granted the loans without showing any proof of income versus outgoings reports?

Shawbrook Bank acknowledged this back in 2016, which we reported in an article in July that year, the CEO also resigned over this matter. (see links below)

http://www.telegraph.co.uk/business/2016/06/28/shawbrook-banks-shares-plunge-on-9m-hit-from-dodgy-lending/

http://www.thisismoney.co.uk/money/markets/article-3663651/Shares-Shawbrook-drop-challenger-bank-reveals-loan-irregularities-cost-9m-finance-chief-quits.html

Now for some news from the Spanish Courts last week.

The Supreme Court in Madrid issued two more rulings against the timeshare industry, number 123 and 124. These once again involved Silverpoint SL in Tenerife, they also lost in two cases in the Courts of First Instance held in Tenerife.  

In cases held at the Courts of First Instance in Maspalomas, Anfi were on the receiving end, with contracts being declared null and void and being ordered to repay the clients their purchase price back.

Diamond were also on the receiving end of a Court of First Instance ruling, again the contract was declared illegal and therefore null and void.

With these 7 cases the timeshare industry has been ordered to repay over 160,000€ and in most case legal fees and legal interest.

The lawyers involved in all these cases are the lawyers from Canarian Legal Alliance.

If you have any comments or questions regarding this or any other article use our contact page and get in touch.

Been contacted by a company or found one on the internet and you are not sure about them, then contact Inside Timeshare and we will point you in the right direction.

Fridays Letter from America

Welcome to our Friday’s Letter from America, Irene Parker continues our theme of “Nightmare on Timeshare Street”, with this latest article about the treatment of “Seniors” by the timeshare industry. This article edited by Irene is from another new contributor Jang Park.

But first the latest breaking news from Europe.

Legal history has once again been made in Spain, the Supreme Court has issued another two judgements, numbers 121 & 122. These cases again involved the Tenerife timeshare operator Silverpoint, who has figured in a huge number of cases in the past year. They are also losing on an almost daily basis in the lower courts in Tenerife, this is a result of years of malpractice in the sales of their timeshare product which has seen hundreds of consumers lose thousands of Euros each. (See yesterday’s article, Silverpoint in the Courts: Criminal Action Vs Civil Action).

This weeks court figures are what can only be described as impressive, along with the two Supreme Court results there has also been the following:

In the Courts of First Instance in Maspalomas, Anfi del Mar has had EIGHT rulings made against them.

Silverpoint have also figured in the lower courts.

In the Courts of First Instance in Arona, Tenerife, Silverpoint has lost FIVE cases.

They have also lost in TWO cases in the High Court in Santa Cruz, Tenerife.

Diamond Resorts Europe Ltd have also lost TWO cases:

In the High Court number 3 of Santa Cruz, Tenerife, this court upheld the previous sentence from the Court of First Instance in Granadilla de Abona, which Diamond appealed.

In the Court of First Instance in Granadilla de Abona, Tenerife the client has been awarded over 24,000€, which also includes double the deposit illegally taken within the cooling off period. This particular case is interesting in that the company named is Sunterra Tenerife Sales SL, but under Spanish law Diamond are liable as they took over Sunterra members when buying out Sunterra years ago.

(See PDF files of the court sentences below).

Diamond 1st Instance

Diamond High Court

As usual all the contracts have also been declared null and void, leaving all clients timeshare free.

In all that is an incredible NINETEEN victories, totaling a massive 851,215.00€. This can only be described as a very expensive week for timeshare in the Canary Islands.

These cases were brought on behalf of these clients by the Gran Canarian law firm Canarian Legal Alliance. This does prove that despite what the industry is trying to tell people, these cases are genuine and the timeshare industry is losing.

Below is a video from a Spanish news program aired in December 2017 by TVE, which is the major state owned television station in Spain. It explains the Anfi appeal at the Supreme Court against a High Court ruling which they lost on the illegal taking of deposits. The Supreme Court rejected the Anfi argument that it did not take the deposits as these were paid to a third party. The Supreme Court rejected this appeal as the law clearly states that no money is to be taken within the cooling off period, even by a third party. (Law 42/98 Article 11 & Law 4/12 Article 13).

The video is in Spanish and is subtitled in English, it also has a short interview with Eva Gutierrez a lawyer from Canarian Legal Alliance.

https://www.youtube.com/watch?v=Of9a5iX3Mmg

In other news, last month the RDO (Resorts Development Organisation) announced that it was working with the Alliance of International Property Owners, to replace the discredited and defunct owners association TATOC.

This association is to be totally independent of the timeshare industry, it does represent those who own outright their properties abroad, so let us hope they will be more effective in protecting timeshare owners and helping to change the industry for the better.

Now for our Letter from America.

Another Senior Couple, Age 82, Driven into Timeshare Foreclosure

By Jang Park

June 15, 2018  

I am 82 years old, a California resident and a Korean American since 1978. I worked for a steamship company as an owner representative.

I submitted my complaint to my timeshare company March 31, 2018. I received a refusal from the company yesterday, June 13, 2018. I have asked Inside Timeshare to help me prepare an article to warn other seniors. I was a deeded owner for almost 20 years.We were happy with our timeshare.

We were willing to remain a timeshare member with this company if our last contract for 5,000 points, for which we paid $20,000, would be cancelled. We strongly feel these points were sold by deception.  Now we have to seek the help of an attorney or foreclose, but will work through Inside Timeshare to make sure we talk to the right people. We understand there are a lot of scams that offer to get you out of your timeshare but don’t. I will be filing the following complaints assisted by advocates. I have been told there is no charge to me for this assistance.

First: California Real Estate Division against the California sales agent  

Assisted by my CA Advocate

Second: Better Business Bureau – Assisted by my NV Advocate

FBI, resubmitted due to now six complaints against this sales agent

Federal Trade Commission

AARPhttp://AARP

I have learned through the advocacy group we are the sixth member to complain against this same California timeshare sales agent. I am #6.

Complaint #1  

RB, a veteran “We upgraded in California ONLY because this sales agent said our heirs would not be liable for maintenance fees if we gave up our deed. The sales agent said he used to be a financial advisor. We bought 15,000 points for no other reason. We now know that the survivor benefit already existed. We lost $13,000.

RB worked as a contract specialist for Consolidated Edison. “I know, but when you buy cars and houses all your life, you don’t expect the real estate agent sitting across from you to be a bold faced liar,” he remarked.  

The agent said he would have to look at our contract, but our heirs would likely be responsible for the timeshare. I told him I would be willing to hire an attorney to fight that. He indicated it would be futile to do so as my timeshare company has top notch attorneys and we would not be able to win the case. He then said if we upgraded by buying 15,000 more points, we could avoid those issues. He also said the contract would be an annually renewable contract that we could walk away from at some future time.  

We were led to believe we could pay all our maintenance fees by opening their credit card and charging purchases. We later learned we would receive only $50 credit for qualified purchased for every $5,000.

Compliant #2 Ages 70 and 68 (resolved)

JM, Disabled Vietnam Veteran

First points purchased June 27, 2012

10,000 additional points purchased for $12,500

15,000 additional points purchased for $13,903

Number of points per contract:  30,000

Original Loan Amount: $49,900 @ 12.2441%

We feel we were deceived by the sales staff.  We had been deeded owners since 2001.

On 1/13/2017, we were asked to purchase a trial package. This sales agent advised us that our additional 15,000 points combined with our original 15,000 points would be worth $9,000.  He stated that the value of our points could be applied to pay our maintenance fees. We learned only some members can pay maintenance fees with points at only $.04 per point. He stated that we could take any points we did not use and apply them towards our maintenance fees. He then spoke of the opportunity to earn an additional $2,700 towards our maintenance fees by using the Barclay Credit Card. We learned we would have to charge over $270,000 annually to earn $2,700 towards our maintenance fees.

The sales agent said that with the few points we owned we would be stuck with the contract as well as our heirs, but said if we upgraded, our heirs would be released. He said there would be a letter in our packet stating this. There was no letter.

We were told that the bank would contact us with an interest rate change to 6% from the contracted amount of 12.2441%. That did not happen.

In a phone call they said they had no reason to cancel our contract and that we never mentioned being told that we could sell our points to pay for maintenance fees.

The 6/26/17 written response from the company not marked confidential.

You were in fact properly advised on the fee structure of your ownership per your contract. The findings also went on to confirm through the use of Barclays and the use of Member benefits you can reduce or apply redemption gained back by your choice to your maintenance cost. They found an area of miscommunication regarding your heirs being liable. The information conveyed (but in contradiction to the sales agent) explained that no one is bound to ownership. The on-going correspondence referenced has been forwarded and we have now provided you with a summary of those correspondences in the details aforementioned. Please feel free again to let any of us or myself of course know any other questions you might have.

Complaint #3 GB

7000 points purchased August 2016

Purchase price: $22,975.20

I told this CA sales agent I wanted to sell our timeshare points online to pay for the maintenance fees and loan payment.  He said it wasn’t allowed but he would privately show me how to do this and gave me his cell number. I called numerous times and he never answered. He told us when we upgraded we would have access to multi-million dollar homes. He said we could rent those for a week @ $10.000 and he would show me how when I called his cell.

Complaint #4 AP

1500 points purchased for $6,975 at an October 2016

The presenter said we were not full members and we should have received a letter to go to full membership. We never received a letter.  He then gave us an option of a deal that would only be good right then but we would have to buy 1500 more points to become full members. He made this seem like a huge deal because upper management would not want to give us this deal but they were working with us so that we would be happy.  He informed us that what we had was worth nothing now and we would have to upgrade to be able to use any benefits.

#5 DT, over 85 years old

40,000 points purchased December 2017 for $116,400

Amount financed: $93,870

Maintenance fees $13,000

At the December meeting we were told we could pay all our maintenance fees turning in points. When we contacted the company we were told that we could only pay $2,000 of the maintenance fees turning in 50,000 points.

We were told we could give it up and walk away if we purchased more points.

I am complaint #6 against this same sales agent

I purchased 5000 points for $20,000. The California sales agent told me I could pay maintenance fees by redeeming points at $.20 per point through the 20/20 program. I confirmed this more than five times with his agreeing when I said there should be some $250 left over after paying our new maintenance fees of about $2,800 with his writing down on the working paper, which he refused to give me after the presentation when I asked.

He said if we get their sponsored Visa Card, they will put $1,000 cash to our credit card account as an Honored Member. When we said we will have two cards, each for me and wife, he said $500.00 of cash will be credited to each account. It was not so important benefit compared with above no. 1, but was found a lie.

The sales agent said we can exit from Timeshare Ownership at any time without any obligation, which his manager confirmed true.

In 2015 we gave up our deeded timeshare. We were told there is no cap on maintenance fees for people who hold a deed. This was not true. We were told there is a 5% cap on maintenance fees increases for points if we gave up our deed. This is not true. We purchased 10,000 points. The sales agent said we could sell the points if we needed to. He gave me the name of a company that could sell the timeshare if we needed to.

The agent said it is almost impossible to sell a deeded timeshare, but timeshare points can be sold easily for about $15,000. He checked with IPhone and gave the following companies to me:

  • Steve Likins – Hilton Head & timeshare sales, 843-816-1900
  • Jimmy ; 706-839-7798
  • Timeshare Resale USA.com; 407 345 9333

We tried to sell our timeshare, and attended about five times, timeshare exit companies’ presentation, but we found all of them asked some fees to get exit.

Thank you to Mr. Park and to all members hoping the public gets the Buyer Beware and do your homework message.

Self-help groups for timeshare members.

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 Jang for your story, it is one we have become so familiar with over the past year or so, ever since we highlighted our first seniors article, we have been receiving a constant stream of similar complaints.

As we have said before, the industry is destroying itself by allowing their employees to lie and cheat, then take no responsibility for those actions. We keep hearing from all quarters, “ We are not responsible for what our sales agent say”. That is the weakest get out imaginable, they are your employees, they are selling your product, they represent your company. It is about time you as an industry took responsibility and changed for the better.

Timeshare could be a good product, the complaints are around the sales not the resorts, accommodation or the resort staff, in this area it looks like the vast majority are happy owners / members.

We are not against business, but we are against business purely for greed, which is what the timeshare industry has turned into.

If you have any comments or questions about any subject in this article or any others published, then use the contact page and get in touch. If you are from the US you will be passed to our team coordinated by Irene. For those in Europe then you will be contacted directly from Inside Timeshare.

As usual we warn you to be vigilant when dealing with any company that contacts you or one that you have found on the internet, do your homework, check, check and check again. If you are unsure how to check, or you are not sure if what you are seeing is true, then contact Inside Timeshare, we are here to help and guide.

That’s it for this week, Friday is here, happy hour is calling, so have a good weekend and join us for more news from the world of timeshare next week.

Silverpoint in the Courts: Criminal Action Vs Civil Action

At the start of this decade the first cases against Resort Properties / Silverpoint were being formulated, at that time there were two schools of thought, Criminal Action and Civil Action using the Timeshare Law 42/98.

First we take a look at the Criminal Action, this was proposed by the law firm Kaehler Abogados, he believed that what Resort Properties / Silverpoint were selling was classified as a fraud. This involved the selling of multiple timeshare weeks as “investments” in property, with a view to renting for an income and eventually going on the resale market with a return of around 15% to the purchaser.

As it turned out, the hundreds of consumers found out too late that what was actually happening was they were being continually upsold to higher standards of apartments / weeks. The reason they were given was what they had originally purchased was not selling as it was not what the market wanted. The only way to secure their “investment” was to pay even more money to upgrade to the better quality apartments.

Many of these transactions were funded with loan agreements brokered by Resort Properties / Silverpoint using Barclays Partner Finance agreements. The promise was that after two years the weeks would be sold and that would then cover the loan amounts and settle the agreements.

In reality this did not happen.

The first cases went to court and a long drawn out legal battle ensued, with the CEO Mark Cushway being indicted along with many managers and staff on charges of fraud. At the time it was dubbed as the largest fraud in timeshare history.

Unfortunately these cases floundered, Silverpoint successfully argued with the courts that these were property investments and not timeshare, therefore the purchasers were not consumers of timeshare but investors in property. As we know property can go down in value as well as up.

The courts at the time agreed, that these purchasers were buying into property investment, so they believed that no fraud had been committed.

At the same time the other school of thought was beginning to use the civil courts and the timeshare laws to pursue Silverpoint. The most notable case being that of Mrs Shirley Wilson, who instructed the proponent of civil action Miguel Rodriguez Cabellos to fight her case.

Mrs Wilson, argued that she at first believed she was investing in property, but it turned out it was in fact timeshare as there were maintenance fees attached along with other aspects of timeshare.

(Click on the link below to see the original trial)

https://www.youtube.com/watch?v=Ksff6yofqJs

Again a long drawn out legal battle was underway, with the case eventually going all the way to the Supreme Court.

Then in January 2017, the Supreme Court made its historic ruling, that what Resort Properties / Silverpoint had sold was indeed timeshare. That the purchasers were indeed consumers of timeshare and not “investors”, which also meant they now had the full protection of the timeshare laws.

For the hundreds of clients who had been part of the criminal action this was very good news, it now meant their cases could be converted to a civil action using the now many rulings on timeshare law from the Supreme Court.

Canarian Legal Alliance under Miguel and his team of lawyers were now responsible for representing these clients. They were offered the chance of converting their cases to the civil courts.

One of the first client to do so has now had his case heard and the courts have found in his favour, according to the rulings of the Supreme Court. The Court of First Instance No 5 in Arona, Tenerife has declared this clients contract null and void, his original claim was for 60,000€, the court has awarded him 88,113€.

This is obviously good news for the hundreds of clients who took part in the original criminal cases, they now have the chance to receive the justice they have for so long sought, with many of them having already converted to the civil action. So we can be sure that there will be many more stories such as this in the coming months.

Below is another link to a Youtube video which shows the then Sales Director David Taylor giving another “investor” the run a around.

https://www.youtube.com/watch?v=_oNdi4NT4O8

In another twist, Silverpoint have another product which is very similar to the original “investments” deal, this they call the “Company Participation Scheme”. It is a very clever attempt to bypass the timeshare laws, although looking at the documentation it certainly looks like an advanced form of timeshare. More on this at a later date.

Inside Timeshare would like to thank CLA for the background information used in this article.

If you have any questions or comments about this or any article published, then use our contact page, we look forward to hearing from you.

Monday, Lets Start the Week

On Friday we published our usual Letter from America, this particular article was by Irene and was the story of two elderly Diamond members, the Liebmann’s and the Brust’s. As usual Irene sent well in advance a draft of the Article to several entities including Diamond for comments.

In fact this is always done for our US articles, in some cases the timeshare company has responded very quickly to the article and contacted the member directly with a solution. In these cases the article has been pulled at the last minute and another replacing it.

After last Friday’s article Irene received a letter from Diamonds external law firm. In this they state that the article contains “false and defamatory” material.

Inside Timeshare begs to differ, the article is the Liebmann’s and Brust’s story and they wanted it publicised as they felt they had nowhere else to turn. Inside Timeshare was pleased to do this, as that is what this publication is all about. To give the timeshare owning community a voice and a place where they can find the facts and the truth.

For Diamond to send in their well paid corporate lawyers or as I prefer to call them corporate “velociraptors” (swift seizer in latin), to me shows they really do not care what is going on at their sales presentations.

We constantly hear the words “Diamond is not responsible for what our sales agents say”, or “you signed the contract”.

This is a message to Diamond, if you do care about your members then why on earth do you not reign in the excesses of the verbal misrepresentations of your agents?

It is not rocket science, they are selling your product, they are your employees, it is your reputation that is being constantly tarnished, as we have seen in the many complaints and stories we have published.

These are not made up, these are facts as presented by those making the complaints to not only Inside Timeshare but to other entities as well. We at Inside Timeshare do believe that timeshare was and still could be a good product, it is the way it is sold that is the problem. In Spain these excessive sales practices have been curbed, the laws have been set and many companies are now losing millions in the courts for their past transgression.

The ball is now firmly in your court, it is time for you as a company to acknowledge these practices and act to have them removed.

To finish our Monday start we look at news from the Spanish courts of cases last week.

In the Courts of First Instance in Maspalomas, Gran Canaria, there were SEVEN sentences passed against Anfi del Mar, once again the rulings of the Supreme Court took precedence, floating weeks, perpetuity contracts and the taking of deposits on the day. All contracts were declared null and void.

On the point of the Supreme Court, Canarian Legal Alliance announced their latest victory, bringing the total to a massive 120 rulings from Spain’s highest court. This particular case once again involve the Tenerife company Silverpoint, with the contracts being declare null and void.

In just these cases the clients will be receiving  over 311,000€ plus legal interest and in most cases their legal fees as well.

A very expensive time for timeshare at the end of last week.

If you have any comments or questions on any article published, then use our contact page, Inside Timeshare is here to give you a voice and to inform all timeshare owners of the truth.

We also apologise for the shortness of today’s article but other events took control and we were late in getting the article published.

Friday’s Letter from America

Welcome to the first Letter from America for June, this week Irene Parker follows on from Haley Saldana’s Tuesday article, but first we look at the end of the week in Europe.

Over the past few weeks we have been issuing various warnings on some very dubious claims companies and fake law firms, we have now received some new information about one called Abogados Lopez.

In the past warnings the name of the lady on the phone was Hope Brugge, well it seems that Hope has now changed to Megan Haywood.

The pitch is the same as before, checking the details of how much they paid etc, before they file the case at court, the a day or so later the great news comes in that they have won the case and the court has awarded a substantial amount. Yes you guessed it they need to be paid to release the money.

The telephone numbers being used are:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

Another number that has been used is

0044 1291 440 500 which is a Chepstow code.

This week has also been busy with the courts, Silverpoint has been on the receiving end of yet more Supreme Court rulings, with four in one week, this makes a total of 118 against the timeshare industry as a whole.

There have also been six sentences issued in the Courts of First Instance against Anfi del Mar and Silverpoint, with the total being awarded by the courts to the clients amounting to over 409,000€ plus in most cases the return of legal fees and legal interest. The contract have also been declared null and void, leaving these client not only financially better off but timeshare free.

All these cases were brought on behalf of the clients by none other than those intrepid lawyers of Canarian Legal Alliance.

Now on with this weeks Letter from America.

Diamond Resorts International Lawsuit against Castle Law

Declarations of Two Former Castle Law Employees

The Tangled Web: Castle Law Group Entities

How money was funneled from timeshare members to Castle Law

By Irene Parker

June 1, 2018

Diamond Resorts International filed a first amended complaint for damages, injunctive and other relief against Judson Phillips, Esq., Castle Law Group, P.C. and 24 other defendants in the US District Court of the Middle District of Tennessee on February 21, 2118, in an effort to untangle Defendants’ web  of deceit and so as to end Defendants’ improper and legally inappropriate schemes, and in doing, not only vindicating its own rights, but also safeguarding the unsuspecting public and positively impacting the timeshare industry at large.

Case 3:17-cv-01124

Timeshare developers say timeshare exit companies like Castle Law are targeting timeshare members, enticing them to get out of their timeshare contracts. Some of these exit companies charge thousands of dollars upfront, but members are held in suspense for months or years, only to learn they were not released from the timeshare contract. On the other side of the dispute, timeshare members have been contacting Inside Timeshare, desperate to be released from timeshare contracts they never knew were perpetual, and had little or no secondary market.  

https://www.nashvillepost.com/business/legal/litigation/article/20972343/resort-company-sues-local-lawyer-over-timeshare-exits

This past Tuesday we published an article about Haley Saldana getting caught in the middle of a dispute between Castle Law Group and Resort Relief. Haley lost $3,495 after paying Castle Law to get her out of her Silverleaf timeshare, only to find herself foreclosed anyway. http://insidetimeshare.com/the-tuesday-slot-with-irene-6/

Two former Castle Law employees, a director of business development and an attorney, relate their experiences working for Castle Law Group, PC and Castle Marketing Group, LLC in depositions filed. I reached out to both employees through Linked-In and the attorney’s law firm. They did not respond.  

Over a year ago I received an email from Carly Vaughn, former public relations manager and content writer for Castle Marketing, asking if I would be interested in writing for the Castle blog. I declined the offer.

We first published an article about developer lawsuits against Castle Law and Judson Phillips August 22, 2017.

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

Among the twelve causes of action in the “cease and desist” letter Castle sent to developers, are those Inside Timeshare readers, asking for help in complaints against developers, would not disagree with. From the Castle “cease and desist” letter found in public filings:

  • Improper and unethical high pressure sales tactics.
  • Gross and deliberate misrepresentations regarding benefits of ownership.
  • Gross misrepresentation regarding the ability to utilize timeshare points to cover fees associated with membership and exchanges.
  • False information regarding the ease and/or ability to resell for a profit.
  • False sense of urgency to purchase the same day.

A “cease and desist” letter demands all communication with the client, including collection attempts cease under the Fair Debt Collections Protections Act.

Declaration from an attorney who worked for Castle Law

In his declaration, the lawyer states that it became clear to him that Castle Law was not functioning within the ethical boundaries of a proper law firm. At no time was the lawyer tasked with meeting with and/or engaging clients. Rather, according to the attorney, Castle Law clients were primarily engaged through outside third-party exit timeshare companies. Only on a few occasions does the lawyer recall even speaking with a prospective client. The attorney graduated from law school in 2015 and was hired by Castle Law Group, P.C. in 2015. He worked for Castle Law until May 2017. According to the attorney’s declaration:

It was my understanding, through observations, that many prospective clients engaged the services of Castle Law without ever speaking with any attorney. Strangely, I agreed to have a rubber stamp made of my signature to be used by assistants, which made me uncomfortable.

While at Castle I was shocked to learn telephone calls were being recorded without my knowledge, whereby neither of the two parties was aware they were being recorded. I learned of this practice from Sean Austin, president of Castle Marketing, which I now know to be illegal.

I was involved in the evaluation of various cases of timeshare owners who did not have valid claims and should have been entitled to a refund of monies paid to any of the Castle entities. I reported my claims to Judson Phillips and Michael Keever. To the best of my knowledge, very few, if any, actually received a refund. (Castle Law Group and Castle Marketing were both operated by Sean Austin and Michael Keever, neither licensed to practice law)

After I left Castle, I became aware that Castle Law sent out letters to their purported clients that they never represented them. I became aware of such letters after I was forced to defend my license to practice law against four bar complaints against me. All four complaints were eventually dismissed.

DECLARATION 2

This declaration was provided by the “assistant director of affiliate relations” who later served as “director of business development” for Castle Marketing Group as an independent contractor in 2015.

The director’s role was to communicate with and manage outside affiliate companies, referred to as Third Party Exit companies (TPE) who solicited timeshare owners to cancel their timeshare contracts. According to the director:

I observed that Castle Law allowed the outside affiliates to use Castle Law Group’s engagement agreement without an attorney being present or consulted. I observed that timeshare owners were being led to believe they were paying legal fees entirely to Castle Law Group, which was not true.

Initially, Castle Law Group collected all of the funds and was engaged in the practice of sharing the fees with the TPEs. Sean Austin told me that they had created Castle Marketing Group to “act as a buffer between the clients and the law firm” and to “protect the law firm” and to “get around the issue of fee splitting.”

Later Sean Austin told me Castle Law Group was not making any money, which was “not legal,” and that funds had to be pulled out of Castle Marketing Group and transferred to Castle Law group, so that it would appear as if Castle Law Group was earning revenue as part of the transaction. The TPEs kept their portion of the amounts paid for legal services and sent the rest to Castle Marketing. Castle Marketing then transferred funds to Castle Law Group and the many other business entities operated by William Michael Keever and Sean Austin (pictured above).

I observed that attorneys at Castle Law Group rarely, if ever, met with or spoke to the timeshare owners. Sean Austin told me that the staff needed to keep the timeshare owners happy as the lawyers did not have time to confer with them.

At times a year or more went by without any action taken by Castle Law Group on behalf of the timeshare owners. I witnessed that timeshare owners who persisted with their complaints, or demands to speak with an attorney, would be placed on an “escalation sheet.” Staff members would, in some instances, contact customers to calm them down and say whatever was necessary to keep them hanging on until the deadline for their money-back guarantee had expired. My job became so stressful as a result of timeshare members and TPEs demanding answers, my health was impacted and my doctor advised me to quit my job.

The funds collected from the legal fees paid to Castle Marketing Group were funneled to other business ventures owned by Sean Austin and/or William Michael Keever. These businesses included: Castle Venture Group, Worthington Galleries, God Cloud, ExxoGear, Advisant, Kryptobit, and Instant Merchant Group, among others. Sean Austin expressed to me on more than one occasion that the payroll and budget for all these companies was dependent on my work with the TPEs and the funds generated.  

When I expressed my concern that “clients” would complain to the Tennessee Attorney General, Sean Austin stated that Castle Law Group was registered only in the name of attorney Judson Phillips, so Sean Austin, William Michael Keever and the staff, as non-lawyers, would be shielded from any liability or fault.

The Director left Castle Market Group in 2016.     

To date Inside Timeshare has received 437 requests for assistance from timeshare members who allege they were defrauded by unscrupulous timeshare sales agents. It is our hope a meaningful dialog will develop to clean up both sides of the timeshare sale.  

Contact Inside Timeshare or one of these self-help groups before paying anyone to get you out of a timeshare contract.

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/

So that’s it, the end of another week in the world of timeshare, a week that has seen more fake companies emerging and many cases against some of the major timeshare companies being resolved in the courts.

If you require any information or have any comments on any article published, use our contact page and send us a message.

Have you been contacted by a company with a similar story to the ones published and want to know the truth, or have you found one on the internet, then contact Inside Timeshare and we will help you to find the information you need.

Remember to do your homework before engaging with any company, it will save you a lot of heartache in the end.

Have a great weekend and join us next week for more “Nightmares on Timeshare Street”.

News on Wednesday: More Warnings

We start today with another warning about the “Fake Law Firm”, Abogados Lopez, more readers have contacted Inside Timeshare with information on the calls they have received from Hope Brugge, claiming to be working for Canarian Legal Alliance.

According to our readers, many of whom are existing clients of CLA, the call is to inform them that their case is about to go to court and she needs to confirm some information before submitting the case. This is obviously a fishing call, as if you have a case with a legitimate law firm they would already have those detail and they would have been confirmed at the start.

Within a few day Hope Brugge calls again and informs the client that the case has been won and a substantial amount of money has been awarded. In order to have this money released, (yes you guessed it), Hope Brugge and Abogados Lopez need a fee to release it. The client is given bank details for a named individual to transfer the money.

The telephone numbers being used are:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

Another number that has been used is

0044 1291 440 500 which is a Chepstow code.

If you receive any call of this nature do not be fooled by them, if you are an existing client of any law firm, contact them directly and inform them.

This is a blatant fraud, which the authorities are aware of.

Another reader has also informed us that another company has been contacting owners who purchased with Azure Resorts in Malta, using a Barclay Partner Finance loan agreements. Unfortunately the reader was not able to get the name properly so we will not speculate and guess.

According to the caller they are working with the FCA (Financial Conduct Authority) to bring a “class action” against Barclay Partner Finance on the 19 June, all rather urgent wouldn’t you say?

There is a case on that date being brought by the FCA, but this has nothing to do with what this company are on about. The case is being heard at the Upper Tribunal (Tax and Chancery) of the Royal Courts of Justice.

The case revolves around a validation order sought by BPF for loan agreements made by Azure Resorts for timeshares in Malta, it turns out that the company brokering and arranging the loans was not authorised or licenced by BPF to do so. BPF turned to the FCA to have these agreements validated. These are only for certain clients who signed these agreements between April 214 and April 2016. If you did not receive any information about this in February 2018, then you are not involved.

The FCA on the evidence made out a validation order to have the loans legally recognised, as no client had suffered the “possibility of any consumer detriment arising from the manner in which the unauthorised broker carried out its activities”.

Unfortunately, the FCA was not aware of the full facts and many clients made complaints, the FCA has now sought to have this validation order overturned in the light of these complaints and new evidence put forward by the clients.

Inside Timeshare will keep you updated as to the outcome of this hearing.

It seems that according to information from our readers, Claims Solutions Group are contacting Silverpoint clients, (which we already knew), but this time using Brexit as the reason only they can help.

According to the caller, once the UK leaves the EU, it is going to be very difficult for any owner of a Silverpoint timeshare to get out. Now why would this be the case?

Obviously it is another scare tactic, to get Silverpoint owners to take up their services, for a fee off course, to get them out of a Silverpoint timeshare. Remember Silverpoint are working with this company and FullBrook Associates.

http://insidetimeshare.com/start-the-week-new-information-on-centaurus-mediations/

Sticking with Silverpoint, another company Centaurus Mediations is also using another tactic, this time it is at their offices in Tenerife. According to our reader, they were told that Centaurus had been appointed by the court to mediate following several court cases against Silverpoint, many of these cases have been reported on these pages.

Now considering that Centaurus Mediations is part of the Silverpoint setup, using data supplied by Silverpoint, plus the fact that the courts do not appoint any company to mediate or carry out any work such as this, points to one blatant lie. Only one of the many made over the years that Silverpoint have been operating.

The one thing in common is they all state that it is only them that can get you out, well Inside Timeshare begs to differ, the court results that we have reported on show that Silverpoint is on the run. At least 45 rulings against them from the Supreme Court, rulings against them on an almost daily basis in the lower courts, with many more waiting to be heard, that is the truth of the matter.

If you have any questions or comments on any this or any other article, then use our contact page and get in touch.

Have you been contacted by any company offering you a claim or stating that a case has been won and there is a substantial amount of money waiting for you at court then contact Inside Timeshare, your information can help others avoid losing thousands.

The Tuesday Slot with Irene

In this weeks Tuesday Slot we welcome a new contributor, Haley Saldana, who shares her experience with Resort Relief and Castle Law, the introduction is by Inside Timeshare’s very own Irene Parker.

But first, yesterday it was announced by Canarian Legal Alliance that they have secured a Court of First Instance sentence against Club la Costa, in the number 4 court of Fuengirola.

The case was brought against Club la Costa Leisure Limited by CLA on behalf of their English clients. The main basis for the judgement was the contract did not have an end date, which made it a perpetuity one, this has been declared illegal under Spanish Timeshare Law 42/98, which states that contracts have a duration of between 3 and 50 years.

In this case the contract has been declared null and void, with the clients being refunded a total of £19,442 plus all their legal fees and legal interest.

It is quite clear that the lower courts are following the now 115 rulings made by the Supreme Court, which is good news for all clients who have cases pending or are considering filing claims.

Now for today’s article.

Resort Relief and Castle Law Group’s Tangled Web

Part I: How Haley Saldana Lost $3,495 retaining Resort Relief

Part II June 1: Declarations of former employees of Castle Law Group, P.C. and Castle Marketing Group, LLC

Haley Saldana shares her Castle Law and Resort Relief experience

Introduction by Irene Parker

May 29, 2018

Former Silverleaf member Haley Saldana relates her frustration over a cycle of hopeful vacation promises that ended with a desperate need to get out. More consumer awareness is needed, so Haley has shared her story today hoping people ask the right questions before buying a timeshare or signing up to get out of one. It’s important to examine the reasons why people reach out to a timeshare exit company in the first place.   

Inside Timeshare has heard from 431 mostly angry, overwhelmed, desperate timeshare members. They don’t know where to turn for straight timeshare answers. Most allege that they either bought or upgraded a timeshare from sales agents employing bait and switch tactics. If deceived, or just not understanding the nature of the product they purchased, they soon learn the challenges one faces attempting to be released from a timeshare contract, especially if there is an outstanding loan. The contract is perpetual, and the resort usually dismisses the member with a “You signed a contract.” Some state regulators second that response. With no other way out, the buyer seeks legal or third party assistance, or gets foreclosed. In Haley’s case, seeking third party assistance cost her $3,495 and she still got foreclosed!

Haley explains why she feels she was deceived into purchasing a Silverleaf upgrade. Unable to get help from Silverleaf, she contacted Resort Relief. Haley is 31 years old and her husband Louis, 34. Haley and Louis went from Silverleaf timeshare owner, to Resort Relief, to Castle Law, and ultimately to foreclosure.

Through public filings, we obtained depositions from two former Castle Law Group, P.C. employees. Their descriptions of what it was like to work for Castle Law will be the subject of Friday’s Letter from America.      

By Haley Saldana

I contacted Resort Relief in 2016 after being convinced to make a second Silverleaf timeshare purchase. In 2014 we had paid approximately $11,000 for our first Silverleaf timeshare. We had no problem affording this purchase.

We feel we were deceived into making the second Silverleaf purchase. We could not use the bonus time that went with the original purchase. At a members’ meeting we were told a second purchase or upgrade would give us more availability, but it did not. I contacted Resort Relief. Resort Relief set us up with Castle Law Group. We were charged $3,495 February 2016.

Castle Law Group told us if we talked to Silverleaf they would drop us and keep our money. I heard nothing until I talked to a guy at Castle in 2017. He said to keep not paying and again told us not to talk to Silverleaf. We had gotten a letter from Silverleaf that said we should contact them. We received a second letter from Silverleaf June 23, 2017 that said if we do not pay them what we owed them, it would go against our credit, but we had been instructed not to talk to Silverleaf. By this time it had been well over a year since we had originally contacted Resort Relief February 2016.

I emailed Barb Holland from Castle Law the Silverleaf letter June 23, 2017.

Next, now almost two years later, we got a letter from Silverleaf January 26, 2018 saying that they were proceeding with foreclosure.

We notified Castle Law. Castle responded by letter informing us they no longer represent us because of a serious legal conflict with the organization that referred us to Castle Law Group (Resort Relief).

We contacted Resort Relief. Resort Relief owner Kevin Hanson told us, “I’m sorry, I lost $2 million because of Castle Law. He said that Castle Law Group came back to Resort Relief and said “Here are your clients. Castle Law Group is no longer representing Resort Relief clients.”

You would think Resort Relief would make things right since they were the ones that set us up with Castle Law. Instead, Mr. Hanson said if we pay Resort Relief $750 they will transfer our case to a local attorney. We lost the timeshare through foreclosure, and the $3,495 paid to Resort Relief/Castle Law. I have all the emails confirming this disaster.

Mr. Hanson said Baker & Britt is the local (Conroe Texas) law firm that is representing him (Resort Relief) against Castle Law Group.

On the creditor’s side of the fence, back in March 2017, I interviewed Kristie, an HOA collections agent. Kristie expressed her discomfort with Timeshare Exit Team and timeshare attorney Mitchell Reed Sussman. Countering Kristie’s comments, timeshare attorney Mitchell Sussman Reed responded:  

While I understand their position, the simple fact is that if the timeshare had any value at all….the resort should be thrilled to take it back so that they can resell it for a profit. Of course, since the timeshare is a liability and not an asset; the resorts refuse to take back what is essentially a lifetime financial obligation.

Senior citizens are especially vulnerable. When for health reasons or simply lack of income they are unable to utilize the timeshare the resorts have zero sympathy, refuse to take back the timeshare and then report the owner as a dead beat to the credit reporting agencies.

Shame on them, and bravo to any attorney willing to sue or otherwise punish the resort for taking advantage of the weak and infirm.

If a resort wants attorney’s in the field of timeshare cancellation to not feel as I do, they should simply agree to take back their timeshare when asked by their owner. Not by the attorney. Why should there have to even be attorneys in this field?

If timeshare resorts maintained a policy that would allow owners who are no longer willing and able to travel out of their timeshare, there would be no need for timeshare attorneys or timeshare transfer companies.

Mitchell Reed Sussman

Attorney at Law

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

Resort Relief has an A BBB rating! As explained on a TUG post below, an F rating may be more credible than an A+ rating.  

https://www.bbb.org/houston/business-reviews/timeshare-advocates/resort-relief-llc-in-conroe-tx-90046035/reviews-and-complaints?section=complaints

Here’s a complaint almost identical to Haley’s complaint!

Complaint

We were sent a letter from Resort Relief where we were talked to about getting timeshare relief for the Timeshare we have through Silverleaf Resorts and was told that this service was a money back guarantee and that we were going to be able to get out of our timeshare once we paid the $4050.00. We… paid the monies and was referred to Castle Law Group who took the information and received all of our documents for them to proceed. I had no heard from the in sometime so I contacted Castle Law Group for a follow up. I was informed on September 11th that the law firm could no longer represent us due to a conflict of interest and referred me back to Resort Relief. I have been calling nonstop and no one is available to give me information or anything. I have stressed that I want my money back and I am getting tossed back and forth from Resort Relief back to Castle Law Group and back to Resort Relief. This has been stressful and I am not getting anything but a Reba will bet back to me and I haven’t heard anything and the worker that answers the phone Tyler doesn’t either and he knows its stuff going on and can’t tell me.

Thank you, Haley for sharing your disappointing experience after responding to a “Get you out of your timeshare or your money back” ad, powered by massive search engines seeking desperate timeshare members. It’s very difficult to reach Castle Law and when I tried calling Resort Relief I kept getting the busy signal.   

Maybe it’s just me, but I find today’s timeshare product one of the most flawed products in history. First, members contacting us allege they were deceived into buying or upgrading a timeshare. When they complained to the resort, the resort dismissed them with, “You signed a contract.” The member is then driven into the net of a search engine, and contacted by someone that often is a former timeshare sales agent or executive. When we researched one questionable timeshare sales agent, we learned he had several open and closed LLCs with names like Vacation Planning. Hence, the sales agent dangled the bait, made the sale, the timeshare buyer victimized, the exit company next deceived them, and possibly by the very person who sold them the timeshare in the first place! Worse, one snoop removed from our advocacy Facebook, had in his background a company called, Timeshare Fraud Recovery. No question this meets the definition of racketing. The member is defrauded by an exit company and then contacted by the same people offering fraud recovery!     

We’re not lawyers, so Haley and Louis would need to contact a reputable lawyer for an opinion as to where to go from here. Given what money has already gone down the drain, I can understand her reluctance to pursue this further. It’s a mess.  

When a reader asks about an exit company, keeping an open mind, I contact the company, explaining one of our readers asked us whether we would recommend them. Often they hang up the phone after a few questions. Once I received a threat accompanied by a string of expletives. Three timeshare exit companies I contacted I feel are reputable and we have maintained communication in an effort to better understand this murky world of timeshare exits and transfers.   

One timeshare insider provided us with this Timeshare User Group forum (beginning November 2016). I can vouch for one of the licensed brokers mentioned, Judi Kozlowski. Judi has helped us out with a few of our articles.

(Brokers recommended) Fred Messreni

www.timeshare-gallery.com

Seth Nock

www.sellingtimeshares.net

Judi Kozlowski

www.timeshareresalepros.com

Tug review crew comment November 16, 2016

I’m adding one more voice strongly recommending that you steer clear of any and every “exit / release / escape” entity — and to ignore meaningless BBB ratings.

 

You might consider “sweetening” the TUGgiveaway” by now additionally offering to pay the transfer fees — and maybe even the next maintenance fee bill as well (…said bill is likely already in hand at this time of year, or very soon en route to you). You’d still be mathematically “ahead” compared to paying any shaky upfront fee parasite, whoever they may be.

Finding a valid new recipient is infinitely more “clean” and legally conclusive than getting involved with (and/or paying) any upfront fee “exit / release/ escape” entity. Bear in mind that some of these entities are actually committing outright fraud by design …which could boomerang back around to you in the future.

Good luck, but do yourself a big favor and stay away from any and all of these alleged “escape artists”.

TUG Admin February 23, 2018

Looking at your ad, we see you are still asking for money for your Festiva timeshare.

You also don’t appear to be offering to pay closing costs as the seller.

Both of these factors are the reason you are having no success in selling your timeshare…not that fixing them will guarantee a buyer…but having them is certainly guaranteeing that the only folks interested in your ad…are upfront fee scammers.

(You are welcome; we just saved you thousands of dollars being thrown away for an upfront fee company)

Contact any of these independent self-help groups if you have a question or concern about your timeshare.

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

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Irene and Haley, this industry is in dire need of a major shake up and regulation, the periphery companies such as resale, terminations and claims are a product of the greed of the major developers, with the lack of a resale market and the inability to terminate membership.

If you have any questions or comments regarding this or any other article published on Inside Timeshare, use our contact page and we will get back to you.

Have you been contacted by a termination or claims company, or have found one on the internet and are not sure if they are genuine, then contact Inside Timeshare and we will help you to check them.

Remember, by doing your due diligence and your homework, you will save thousands in the end.

Start the Week

We ended last week with the news of the 115th ruling from the Supreme Court, plus the news that judges in 3 courts at Maspalomas all made the same judgements in 4 cases against Anfi. All these were in accordance with those set down by the Supreme Court. This leaves us in no doubt that the law is very much set in stone.

Today is Memorial Day in the US, this is the equivalent of the UK’s Remembrance Sunday held in November, although some in the US may have lost sight of its meaning, lost in a sea of Memorial Day sales at auto dealers and shopping malls.   

“But at its heart, Memorial Day is a solemn day of remembrance for those who have died serving in the U.S. Armed Forces.”

The history of Memorial Day

https://parade.com/479467/tamrabolton/memorial-day-what-the-holiday-really-means/

“This is not Veterans Day, it’s not a celebration, it is a day of solemn contemplation over the cost of freedom.”

Our favorite quote, out of 17 quotes, as it applies to our veterans helping veterans and active duty military and law enforcement, alleging they were fraudulently sold or up-sold a timeshare, best describes their efforts.

“Heroism doesn’t always happen in a burst of glory. Sometimes small triumphs and large hearts change the course of history.”Mary Roach

https://parade.com/670587/lindsaylowe/17-memorial-day-quotes-on-sacrifice-gratitude-and-patriotism/

Inside Timeshare has heard from over 50 veterans and active duty military and law enforcement. Decorated war heroes join Timeshare Wars, hoping the industry will acknowledge the harm done to those who have sacrificed their physical, and sometimes mental health, to protect even those who seek to do them financial harm. The consequences of predatory timeshare sales and lending can be devastating, as described by many military families reaching out to Inside Timeshare, asking for help.

   

It would seem that the “fake lawyers” AG Abogados, part of the Litigious Abogados family may have stopped cold calling, but the scam has now moved on the familiar cheques has been sent, but the envelope is open and the cheque is missing.

The same story which we reported last year, the only difference is that the gang of Romanians has now been replaced by Ukrainians!

There is now a new law firm which has been charged by the court to investigate and sort this out for the clients, Elias Elisa SA, yet another fake law firm. (See link below for the previous article).

http://insidetimeshare.com/litigious-abogados-plot-gets-thicker/

Just to remind you, the courts do not send cheques through the post to payout clients, these “firms” are all fake. With this new phase of the scam underway, it is more then likely that the website will soon be down, so we just wait and see what new name comes up. If you get a call from a “Law Firm” that tells you your timeshare company is being taken to court and you can join in the action, contact Inside Timeshare and let us know.

Inside Timeshare has also received several enquiries about a new firm that has started contacting timeshare owners, Harrison Moorcroft Litigation Limited, based at Harlow Enterprise Centre Kao Hockham Building, Edinburgh Way, Harlow, Essex, CM20 2NQ.

This company was registered on 9 October 2017 at Company House, with the registration number 11001924, so a fairly new company.

According to their website, they are not going after any timeshare company, but the banks that issued the finance agreements and the credit card companies.

https://www.harrisonmoorcroft.com/

Some parts of this post have been removed due to information which has come in since publication. It does look like they will be working in the interest of consumers.

With the proliferation of claims companies setting up it is making it very difficult for timeshare owners to know who to trust. Stick to the basic rules and remember, can they prove what they say, especially if the have only recently been registered as a company. If they claim to have links with well known law firms etc, check with them to verify the claim. We have seen too many companies claim they are working closely with known lawyers and companies, only to find out it is a fabrication. ,

If you are unsure on how to make any checks, then contact Inside Timeshare and we will point you in the right direction. Remember do you homework and stay safe.