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The Tuesday Slot with Irene

Welcome to the first Tuesday Slot with Irene of December, this week Irene gives an update on an article from October, but first some important news from Europe.

Last week Inside Timeshare had some unconfirmed news on a raid in Tenerife, which we did not publish, this was against the offices of Mark Rowe’s enterprise there. This week news came out of raids at his businesses in the UK By Trading Standards, so this could just verify the Tenerife news.

This raid follows an investigation by the “Scambuster Team” of Trading Standards, offices of around 22 Mark Rowe companies were searched, employees questioned and documents removed for further investigation and as evidence if any criminal charges are brought.

trading standards

Among those raided were ABC Lawyers, Glenmore Consultants, Monster Rewards, Jive Hippo (replacement for Monster Credits) and apparently the TCA (Timeshare Consumer Association). The raid in Tenerife would most likely have been Hollywood Marketing SLU.

It looks like we will have to wait until the new year before we know the outcome, this follows the news last month of another enterprise EZE Group, where the directors and owners Dominic O’Reilly and his daughter Stephanie O’Reilly pleaded guilty at Birmingham Magistrates of “Aggressive” sales tactics and “Coercion” with their product EZE Credits. They are to appear at Crown Court on 15 December, whether they will be sentenced then or just remanded on bail until the New Year remains to be seen.

Now on with the article from Irene Parker.

TARS – Timeshare Advisory and Resolution Services

An Honest Timeshare Exit Program – Who knew?

TARS Limited Term Deed Program – A Monthly Update

case

By Irene Parker

December 5, 2017

In October Inside Timeshare featured the launch of TARS TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC new “limited term deeded” program.  “Consumers enjoy all the “pros” of traditional timeshare and none of the “cons”, plus even more benefits,” announced TARS President and General Counsel, Martin M. Kandel.

http://insidetimeshare.com/fridays-letter-america-24/

The limited deed/limited fun program is geared toward fixed week resorts, but the same strategy could be implemented by major timeshare point sellers, solving the problem a timeshare owner faces when life changes and now they own a vacation product they don’t want, they can’t afford, and can’t sell. TARS could eventually neutralize resale and listing scams. Scam revenue would turn into new buyer revenue which would be a win-win for everyone except the scammers.

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

Inside Timeshare has received timeshare complaints from 223 readers (176 when the October 26 article was published). Members sometimes describe catastrophic financial distress when denied a release.

I asked Dennis F. DiTinno, CEO and President of the Liberté Management Group of Companies and Chairman of TARS to provide an example of how the limited deed works. “The TARs program offers the member an option to purchase a limited term deed for five or ten years. The term will be the decision of the Associations, but we would not recommend any term less than three years. We feel the five year plan best suits the Association and the owners. The design is to utilize the units’ maintenance fee costs with an increase annually to make the tax repercussions better for the Association – a major savings, but each unit in each resort would be different,” Dennis explained.   

All Seasons Vacation Resort in Madeira Beach and the Voyager Beach Club Treasure Island are the first to launch a TARS program. TARS had just signed up their first sale when we first talked to Dennis and he said other owners told him they would be glad to sign up when they returned home.

The example Dennis provided was for a Voyager unit with an annual Maintenance fee of $510. A five year limited deed could be purchased for $6,000. The now former perpetual deed owner becomes a limited deed owner. At the end of five years the term is up and the unit reverts back to the HOA.         

At this point skeptics raise their eyebrows. Wait! A $510 annual maintenance fee turns into $1,200 a year or $171 a night for a seven night stay? The Liberté website offers a one bedroom gulf view for $1,053 a week. So the limited deed would cost the member $735 ($1,200 – $1,053 = $147 x 5 years).

One timeshare insider suspects it’s a crafty upfront scam. I know Dennis and Martin Kandel so I have no concerns there. Another insider I contacted voiced a concern about what would happen if TARS went out of business. Liberté has been in business 35 years managing seven fixed week resorts and brokers resales and rentals as well. Liberté is a member of the Licensed Timeshare Resale Broker Association.

Dennis received a great congratulation from one timeshare advocacy organization, told this can be a huge positive change for the industry. Dennis also spoke with Robert Follis at the Florida Attorney General’s office who also saw the program as a solution to many problems.  

When I called Voyager, I spoke with M J Hassall, also with Liberté, who expressed great enthusiasm. “Every owner is unique so we provide a one on one presentation. One obstacle is convincing owners this is not just another ruse to get them to buy more weeks. This really is important information they need to know about. We have presented the plan to about 15 members with about 50 percent in favor of the program,” explained M J.

“In conjunction with select strategic partners, TARS will provide an a la carte menu of products and enhanced services designed exclusively for the legacy market segment. One of the partners is Let’s Go N Travel,” M J added.

This led me to Let’s Go N Travel which will be the subject of January’s monthly TARS update. I spoke with Chip Langdon at Let’s Go N Travel. Chip described Let’s Go as a Vacation Club boasting 450,000 members. More on how this fits in with TARS later.  

https://www.facebook.com/4life4less/

TARS provides a new way to address old problems (www.tarserv.com) in an effort to provide legacy resorts with a means to maintain their resorts for a decade or more in order to plan for robust continuation or an orderly repurposing of the resort and its timeshare program. This would seem a concept owners need to wrap their heads around, as they may not have yet thought about an exit or even if they need one.

Thank you to all at TARS for their help as we learn more about this evolving program. As a former deeded fixed week owner, I can see spending the extra money on something I enjoyed for 30 years, paying an extra $735 spread out over five years to be done with it without the hassle of dodging scams or waiting for an over supplied product to sell. As with any product, if it meets the needs of the consumer, it will sell itself. Timeshare does not sell itself. It is product that has to be “sold” and often requires six to eight hours of brow beating, “pitching heat” and deceit, according to 220 of our readers. We hope, working with developers, such tactics will diminish. We know there are good timeshare sales agents out there selling the product the way it should be sold. Inside Timeshare endorses Disney for their scarce complaint record.

Inside Timeshare will publish a monthly resale recycle report to follow along as TARS progresses. I still need to call my favorite fixed week timeshare people at Port Elsewhere in the Missouri Ozarks and Maui Hill at Maui Lea to hear what they think.

 Liberté

At least this provides a positive topic members and developers can agree on – the need for an honest timeshare exit to shut off the scam valve.  

http://resorttrades.com/timeshare-advisory-and-resolution-services-llc-tars-and-the-liberte-management-group-join-to-expand-services-for-legacy-resorts-and-owners/

Irene will be keeping us updated on a monthly basis on TARS Limited Term Deed Program, could it be that there is some honesty in this industry called timeshare? Only time will tell.

Other news coming in from the US is the link up between ARDA (American Resorts Development Association) and Europe’s RDO (Resorts Development Association). It has been rumoured for sometime that the RDO is what you might call “strapped for cash”, well they have this year lost one of their major members, Silverpoint. Could this link up be the saviour of them?

Kwikchex has also laid out the scope of its new mission, running the “Timeshare Helpline”, on behalf of the RDO, which replaces the disgraced and bankrupt TATOC. As we know TATOC was supposed to be an independent body representing timeshare owners through their committees, but under the leadership of Harry Taylor, they did the bidding of their benefactors. These benefactors were the industry and RDO members.

So the question is if the new helpline is run by Kwikchex and the Timeshare Task Force, paid for by the RDO, how can it be independent and on the side of the consumer?

Have Trading Standards and other Authorities been taken in by them, the same way as Citizens Advice Bureau were taken in by TATOC?

Inside Timeshare leaves you the reader to draw your own conclusions.

Remember

“Non enim videtur”

“Not all is as it seems”

end month

End of August Roundup

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

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

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

gc-seprona

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

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

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

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

loyalty1

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

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

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

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

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

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

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

Attorny_General_Eric_T_Schneiderman
NY AG Eric T Schneiderman

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

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

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

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

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

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

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

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

didgeridoo

Links to some of this month’s articles.

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

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

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

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

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

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

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

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

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

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

 

half way

Mid Week Report

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

job wanted
Contact Harry or is it Henry Taylor?

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

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

the-canary-news-views-sunshine-logo-2016-250

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

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

So now on with our Wednesday article from Irene Parker.

Welk Resorts sues Timeshare Exit Team for Racketeering

Right To Use timeshare programs need a secondary market

hear no evil

By Irene Parker

August 2, 2017

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

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

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

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

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

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

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

Timeshare Exit Team Response to the Welk Resort lawsuit

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

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

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

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

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

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

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

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

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

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

As reported by Inside Timeshare in our interview with Kristi:

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

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

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

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

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

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

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

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

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

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

light thought

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

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

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

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

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

 

sits vac 1

CUSTOMER SERVICE AGENT
Experience in Bull Shit Essential
tatoc logo liquid

TATOC Gone: Kwikchex Set Up New Helpline

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

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

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

man_debts
Wonder who this is?

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

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

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

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

Harry Taylor
Bye Bye Harry and good riddance!

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

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

task force
The Timeshare Task Force!!!!!

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

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

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

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

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

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

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

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

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

transformation-and-change

 

us-eu-coop

Clarity: The Quality of Being Coherent and Intelligible.

Yesterday Inside Timeshare highlighted the plight of owners at Los Claveles resort in Tenerife, our US readers have a similar problem with developers attempting to take over resorts. Their problem is the transfer of deeded weeks to points, rather than the heavy handed actions of the Ona Group. We have also seen this in Europe, where the likes of MacDonald Resorts with the tacit approval of the owners committees association TATOC, are attempting to change all fixed week owners to their ridiculous points system. A system which only allows a stay under one condition “SUBJECT TO AVAILABILITY”.

Over the past few months Irene Parker Inside Timeshares partner from across The Great Lake, has been highlighting the problems that Diamond owners are having. One of the main themes has been the downright lies sales agents have been using to sell more and more points to people who obviously cannot afford it. The use of the Diamond BarclayCard is one tactic they have used, with promises that it reduces maintenance fees. Irene has in previous articles shown how this has devastated people’s lives.

Diamond sometime ago rolled out “Clarity”, supposedly to make everything transparent, today’s article from Irene poses the following question:

Is the Diamond Resorts Clarity Program Real?

facts

By Irene Parker

May 23, 2017

My husband and I stayed over two weeks at Diamond Resorts Scottsdale Links and Los Abrigados this past month. Anxious to hear more about Diamond’s Clarity Program, I asked if I could speak with a sales agent to learn more. Unfortunately, my requests at the concierge desk and emails went unheeded. Disappointed, I approached several existing members asking them for their feedback. I had hoped to hear positive stories.

Two of the families I spoke with did not want to go on record, but Faye and Mike Hanrahan from New Jersey shared their experience with me. I probably picked the wrong couple because they are former Monarch owners. Diamond has pursued former Monarch owners to give up their deeded timeshare week in exchange for non-deeded “right-to-use” points. In addition to Monarch, ILX, Intrawest and now Gold Key face the same battle in an attempt to hold onto their deeds.

Here’s what happened at Los Abrigados in Sedona according to Faye and Mike:

We had our sit down. We were told we have no way out of Monarch unless we spend approximately $10,000 for the equivalent of 6,000 Diamond vacation points with either a $1,400 maintenance fee or, if we signed a contract that same day, an $871maintenance fee. After we refused the first sales agent, we were introduced to an agent who said he was an original Monarch owner, but now worked for Apollo, although he had on a Diamond name tag. It was because he was with Apollo he could offer a half price on maintenance fee offer if we signed before leaving the room. Already familiar with timeshare, we knew there is no such opportunity for one owner to have half off the company’s maintenance fee. They offered to help by opening a Diamond Barclaycard for $3,995 put up by Barclays. The deal was to pay $39.95 month for 23 months to buy a “Club Combination for Life” program. After 23 months we were told we could use the $4,000 to buy into Diamond or Barclays will “zero out the debt” having paid a total of $918.85 at the end of 23 months. We of course could continue to use the credit card. Do you have any suggestions for getting rid of this timeshare?

Pressure to give up a deed is a frequent complaint. Once you give up your deed, the Diamond owner is no longer allowed to rent using a third party rental agency or website.

But back to Clarity, which is about accountability, transparency and respect for the customer. In the spirit of fair and balanced reporting, here are some excerpts about Clarity provided by Maya Pogoda, PR spokesperson for Diamond resorts.

Before we begin, I should mention that Inside Timeshare has been hearing from Diamond members on almost a daily basis. The majority of complaints received have been about upsells to existing members, even Platinum members, as per the individuals who reported to us, for the following reasons:

The only way to sell Diamond points is to buy more points because only Platinum members can sell their points.

The only way your heirs don’t have to keep up with maintenance fees is to upgrade to the next loyalty level. One family bought more points for this reason only to be told by the next agent at a subsequent presentation this benefit is already available, as she pointed out in a guidebook.

You should not have bought US Collection points because you won’t be able to book Hawaii (if in Hawaii) or you should not have bought Hawaii points because Hawaii maintenance fees are going to increase dramatically (if on the US mainland).

The only way to be eligible for a $.30 maintenance fee reduction is to upgrade to the next loyalty level. Only Platinum members can use points to pay maintenance fees at $.04 per point.

You need to buy more points because you can’t do anything with the small number of points you purchased.

Member stories are listed in our Barclaycard article

Timeshare and Barlcaycard in the US

Here is Diamond’s perspective on Clarity from PR spokesperson, Maya Pogoda. Her comments are from discussions we had in January and were previously reported.

“We have been piloting the various elements of the Diamond Clarity program for some time,” Pogoda explained. “Now that we gained the confidence that each of these pieces were effective, we were able to roll out this cohesive, national program that seeks to enhance the overall customer experience when purchasing and holding a vacation membership. Diamond Clarity will rewrite industry best practices by increasing transparency for the consumer and accountability for our team members.”

Pogoda noted that 70% of its sales are to existing members, however, Diamond Clarity “will improve the overall customer experience by increasing transparency for the consumer and accountability for our team members. At Diamond Resorts, we are always working to provide our members with the best possible vacation experiences. This focus on hospitality and creating lasting experiences has made Diamond Resorts an industry leader. We have always believed that customer satisfaction creates loyalty. So while the definition of customer loyalty has not changed, our commitment to finding new ways to drive customer satisfaction to create loyalty evolves constantly. Diamond Clarity is evidence of that.”

Creating a Consumer Advocacy Channel within the company’s corporate headquarters, to quickly address any issues or concerns members may have. This new platform will allow Diamond Resorts to maintain the highest standards of service in the industry.

https://www.loyalty360.org/content-gallery/daily-news/diamond-resorts-international-raises-the-bar-on-cu

No one doubts there are are Diamond members who are sold honestly and fairly, but over 250 Diamond member families have bonded together through our advocacy Facebook to support one another as we fight off endless up-sell attempts that have driven families further and further into debt.

To date our Advocacy group has received and assisted the following complaints.

Our Advocacy Efforts Statistics Update

75 Inquiries for assistance

55 Formal interventions complaints filed or assisted with

Reasons for 75 complaints as provided by the complainants

34 Sold by deception and bait and switch

09 Barclaycard upsell/predatory lending

02 30 cents to convert to MF relief (non-existent program)

06 Switch back from HI to US Collection or vice versa

06 Maintenance fees increases

02 Survivor benefit program (non-existent as already available)  

08 Bought more points told it was the only way to exit the timeshare

08 Lack of Availability

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to

advocate for a viable secondary market; and to educate prospective buyers.

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

According to Maya,

Diamond Clarity is not limited to just one state, it’s a national program that includes four new operational initiatives. One of these initiatives is recording quality assurance sessions subject to consent from purchasers, to review compliance with all policies and procedures, and to augment and enhance the company’s sales and quality assurance training.  The company has invested in technology to ensure that these recordings can be archived and searchable. Recording sales presentations would not meet these objective and thus are not currently part of the Diamond Clarity Program.”

The recording of the QA session is the biggest sore point Diamond members have with Clarity. Many of our complaints include the sales agent advising the buyer not to say anything about an exciting new program because “The program is not public yet so I could lose my job if you tell anyone.” Arizona allows the recording of the sales session but few buyers will go to the trouble.

Marjorie Menacker’s experience is an example of this. To date, Diamond has denied her release.

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

We end with some member advocate comments as to why these upsold members are wary.

inspired advocates

Irene Allen

Jan 28 (5 days ago)   

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

This new program by DRI is a very predictable step after the Arizona Attorney General’s action. If Clarity is about transparency, why does Maya not once reveal the only reason the company issued the program is because Diamond is essentially under state supervision in Arizona after the issuance of an “Assurance of Discontinuance” after over 400 complaints received claiming Diamond violated Arizona’s Consumer Fraud Act.

 DRI is obligated to demonstrate cooperation and compliance to new disclosure requirements by the AZ AG, but the company will do nothing for existing owners because they purchased contracts during the “Murky Stage”

“Clarity” does not have any provision of fixing the existing and growing problems which are flooding the courtrooms all over the world where DRI operates ….

  1. Regarding recording the QA sessions by DRI, this should be only offered if attendees, who are, according to “Clarity“, 70% existing owners, be allowed to do the same in order to establish a level playing field. Otherwise it is a trap participating owners will end up in, because it will give DRI additional defense tool in the courtroom.
  1. Regarding creating a Consumer Advocacy Channel. This Channel should have consumer rights attorneys and secret observers not employed by DRI in order to eliminate conflict of  interest.
  1. Regarding increase training to frontline personal. The frontline personnel had superb national training during the “Murky Stage”. How else can you explain the fact so many owners all over the world had exactly the same upsell by deceit and “bait and switch” during sales presentations? Many of our 250 Facebook member families claim sales representatives all over the world presented exactly the same falsified and misleading comments in order to entice owners to buy additional points. The name of the national sales training program should be: “101 ways how to deceive owners during sales presentation process and increase the volume of sales.”

Second member comment

I realize we are all skeptical about “promises” made by DRI, but this program has the potential of making a positive impact on our relationship with DRI.

Third member, a Diamond member and an attorney

  • Is the idea that none of these rules were previously in place?  It appears to me these are designed as Diamond CYA’s going forward, “we have a recording” or “there as an observer” or “contact the consumer advocacy channel within __ days”.  For Diamond to say the allegations we all experience did not happen.  

What does this accomplish for the victims of the bad business practices from the past?

  • Recording Quality Assurance sessions, subject to consent from purchasers, to review compliance with all policies and procedures, and to augment and enhance the company’s sales and quality assurance training.
  • Creating a Consumer Advocacy Channel within the company’s corporate headquarters, to quickly address any issues or concerns members may have.  This new platform will allow Diamond Resorts to maintain the highest standards of service in the industry.
  • Increased training of frontline personnel.  All sales and marketing personnel will take part in quarterly training exercises to reinforce their awareness, understanding, and compliance with all sales and marketing rules, principles, and practices.
  • Regularly placing “Consumer Engagement Observers” at sales presentations to continuously provide the sales organization with feedback necessary to achieve constant improvement.  
  • I would suggest these are great improvements to the training and consumer friendly positions Diamond should have had all along.  It does nothing to help people who have already suffered with no recourse from Diamond.
  • If their product was so great, Clarity would be evident within the first 6-12 months of an owner’s experience with the company.  It would be clear that this is “everything they said and represented” or it is “nothing that I was promised” and the consumer would still have options to exit, sell or rescind on some compromised plan. The longer you wait the less you retain.

I am not impressed.

Fourth comment anonymous due to Litigation

Enforcement of DRI “PROMISE” is difficult, unlikely, and merely a smoke screen to generate a false sense of security regarding oversight. It is another set of unenforced regulatory promises which incidentally spawned the crisis currently engulfing Diamond owners. The paltry AG financial agreement and appurtenant agreements simply demonstrate that the AZ AG is taking steps to protect itself from accusations of inaction.

Their behavior is reminiscent of the legal machinations demonstrated by ADRE and California Department of Real Estate. Complainants with ADRE regarding fraudulent practices at Diamond are told that such a complaint is an employee/employer dispute.

When filing complaints with RE regulatory agencies, it must be understood that determinations that deflect the fraud accusations are made to avoid costly investigations. This embraces the policy of waiting for some catastrophic event to prompt unavoidable enforcement action. It does not eliminate the need to continue to create a public record of these complaints, and legitimate demands to be made whole from recovery funds. Misleading determinations by these agencies should be challenged in order to demonstrate the lack of responsible enforcement pertaining to regulatory obligations.

Fifth anonymous member

If we only hear one side of the story or information how are we truly being informed? That is what happened with the hard sales only hearing their side. Our Advocacy members and Diamond need to hear and listen to both sides instead of the constant media spin.

You can share.

Sixth anonymous member

I’m afraid I don’t have much hope that this “Diamond Promise” will change much. I purchased a Sampler package in Sedona in 2012 and annual points the next year in Las Vegas. As best as I can recall, the procedures enumerated in the “new” Diamond Promise existed then, and still I was misled on some important issues.

The Diamond Clarity program has no mechanism which commits the vacation counselors, sales managers, and quality assurance officers to the Promise. In other words, there is no effective enforcement mechanism. Such a mechanism must impose a cost on the seller when the promise is violated.

The economic analysis of warranties has shown that a product sold with a warranty creates an incentive for companies to improve product quality. Reductions in the level of quality – like the misleading sales information in the case of timeshares – leads to higher warranty costs and thereby penalizes such behavior. We have good reasons to believe that in the absence of warranties high quality products get driven out of the market, while low quality products are driven out when warranties are used.

This new program depends on the trust in and good will from Diamond managers. But this is the same group that is incentivized to increase sales and revenue for the organization.

Seventh anonymous member

Promises are only as good as the party providing the assurances. I too see no real means of enforcement, and if anything this could provide an excuse for relaxed oversight by regulators.

I have been pressing the AZ Dept. of RE for 3 years to take enforcement action against DRI’s brokers.  It has been clearly demonstrated that they are negligent in discharging their responsibilities pursuant to RE statute.

I would recommend that owners look at filing a claim with ADRE as complaints are mounting regarding DRI behaviors.

Eighth anonymous member due to litigation

Clarity is definitely a meaningless program – except to bolster Diamond’s position in court.  I can hear it now – our QA monitored sessions prove no widespread fraudulent practices.  

Agents will know when they are being monitored or recorded so they will be on their best behavior.

Shacking hands

Will there ever be a day when we can all get along by communicating and responding to voices of the concerned?

Once again thanks to Irene and all who contribute from the other side of The Great Lake, one thing is for certain, owners on both sides are starting to see that by joining together they can make a difference.

To those owners at Los Claveles, you do have support, we only need to bring it together.

getting together

If you have any comments on any article published or would like to contribute, Inside Timeshare welcomes you.

 

letter from america

Friday’s Letter From America

Welcome to our “Friday’s Letter From America”

Following our theme of readers experiences, today David Franks shares his and his wife’s holiday turned into nightmare by a sales presentation. What was supposed to be 90 minutes turned into 5 hours of hell.

As usual we start with a few items from Europe, yesterday we published a rather tongue in cheek article about the court ruling against TATOC, as we said in the article all comments have now been removed from the TATOC Facebook page. This includes the comment about someone meeting Harry Taylor and found him to be a gentleman. It certainly looks like they are on the defensive.

Last week ended with the news after publication of another defeat in the Tenerife courts for Silverpoint.

In this case Court No 3 in Arona found for the British clients of CLA and ruled that the contract did not fulfill the terms of Spanish timeshare law, the court awarded them over 13,000€ and declared the contracts null & void.

The Supreme Court rulings are certainly having an effect on timeshares sold in Spain.

Tauro beach gone

In Gran Canaria, the beach at Tauro, which was the artificial beach being developed by Anfi remains closed to the public, that is not surprising really as much of the sand has been washed away. There was some worry last week as we were expecting some severe storms, these thankfully never came. There have however been reports, though unconfirmed of sightings of scorpions on the remaining sand. One does wonder if it could be true as the sand came from Western Sahara and was untreated.

The investigation into corruption over the project is ongoing along with the investigations of licences and other documents being forged. The former head of the coastal authority is still awaiting trial, we will report on that as we get the news in.

Inside Timeshare has been receiving many emails from US owners, these are passed on to Irene Parker, who is better place to deal with them, however we have also been receiving many questions from owners in the UK. These mainly concern calls they have received that say they have a claim, on a “no win no fee” basis. Many of the names are not new to us, and are what can only be described as “dubious”.

In many cases the consumer does not have a valid claim as they did not purchase in Spain. It then turns out that the “claim” is going to be on a section 75 of the credit consumer act, with then a substantial amount to be paid to relinquish / surrender the timeshare. Unfortunately, section 75 is not going to work, the credit card company / provider will rightly state that you purchased ex number of years ago and have used it. Therefore you have received the goods and services paid for, the act does not cover illegal timeshare contracts. So the so-called “no win no fee” claim is just a ploy to get thousands from the owners to just be rid of it.

On this particular theme, Inside Timeshare has saved this week alone several readers from paying anything to the “fake” law firm in Tenerife, the family known as Litigious Abogados and company. At least the news is spreading.

wensley clarkson

A new book is due to be published on 1 June and will be available from Amazon. The book is the story of John “Goldfinger” Palmer, who was implicated in the Brinks Mat bullion robbery but was found not guilty by a jury for smelting it down. It charts his Tenerife Timeshare business in which many people lost thousands of pounds. The author Wensley Clarkson contacted Inside Timeshare after reading a previous article “TIMESHARE” A Dirty Word For Many.” He thought it might be of interest. I will certainly be placing my order.

https://www.amazon.co.uk/d/Books/Killing-Goldfinger-Inside-Story-Britains-Richest-Gangster/1786484862

Now onto our Friday’s Letter from America.

Our Diamond Resorts Misadventures

Aces

Chapter One: Vegas, Baby!

“Those who are incapable of committing great crimes do not readily suspect them in others.” François VI, Duc de La Rochefoucauld, Prince de Marcillac

By David Franks

May 19, 2017

My lovely wife and I enjoy Las Vegas. Our last visit, in July 2015, found us at The Golden Nugget. Unfortunately, Diamond Resorts was also there, at the entrance fronting the parking garage. We had seen the two episodes of Undercover Boss featuring Stephen Cloobeck, who had striven to be impressive. We were offered gift cards that seemed ample compensation for the supposed ninety minutes they would commit us to, and we’d get to see what passes for a resort near Las Vegas.

The next day, they shuttled us to Diamond’s Cancun Resort, barely within sight of town. In we went, and into a conference room where we filled out a survey about our travel interests. Then the earnest pitchman told us about the benefits of buying in. He focused on cost control, talking about the exchange value of Diamond points and their supposedly stable cost over time, compared to an inflation rate he pulled out of some warm part of his digestive tract. He said quite a bit about the exchange value of Diamond points, mentioning 30 cents several times. He might have mentioned a 20-cent valuation a couple of times; but apparently he wasn’t interested in promoting the more plebeian levels of membership.

There were a couple of people in the group who claimed to be happy owners of timeshares. As I recall, they were not Diamond members, but I have no evidence that they were shills.

That took about eighty of the ninety minutes.

The targets were then ushered out to a large room with bad lighting and loud music, where we would discuss our most intimate aspirations and financial details at tables separated only by a few feet and loud music – a disoriented slice of vulnerable humanity.

Well, we tried to not be interested. We told the helpful salesperson that our only conceivable interest in Diamond was as a small outlay whose yearly expense would goad us into getting out of the house once a year. We enjoy traveling, but we also enjoy being at home, and we are frugal wherever we are. Economy would be the key.

We explained that we like cruises and train travel, road trips, old motels and roadside attractions, and dining at local restaurants. After a while, the attentive salesperson stopped talking about resorts and started talking instead about how points can be used for all kinds of travel for their exchange value (20- or 30-cent). He talked about how being a member of Diamond Resorts and Interval International made it possible to book any kind of travel, get discounted pricing and pay for it with points. We asked about European river cruises, explaining that we would be interested in a Viking river cruise on the Rhine or the Danube. He said that should not be a problem. We explained that we didn’t want to spend any additional money. He said that should be possible, though we might need to save points so as to use two years’ worth at one time.

A couple of hours later, the solicitous salesperson suggested a tour of the resort. We tried to tell him (again) that it would not be necessary because we have no interest in resorts, but he would have none of it. He was proud of the irresistible pile of faux-Mayan faux stucco, and off we went to the example unit. I explained (again) that I cook at home, and see no need to go on vacation to cook. Back we went to the interrogation room.

Certain that he could pretend to meet our stated expectations, the intrepid salesperson showed us several options for joining, to no avail. After another hour or so, he excused himself for an awkward spell, and then returned with a grizzled veteran of the timeshare wars. He had with him the  data sheet for a 2500-point membership. He said they don’t usually offer them, but – as he was unable to let us go without buying something, however inappropriate – here we were. It was pointed out to us that this would not get us a full week in a resort, which was irrelevant to us. It would give us an opportunity to experience the advantages of Diamond membership, they said. It was not pointed out to us that this minimum membership had few of the benefits that had been sold to us.

We bit.  About an hour later, as we flailed around in the flurry of papers they thrust at us, one of the three people who had ganged up on us by that point mentioned, in reply to our question, that Diamond does not buy back memberships, but members can certainly resell them themselves – not that anybody ever wants to, of course.

We were there for a bit over five hours. By that time, the shuttle bus had become an antique and was placed in a museum, so the helpful salesperson called a cab and paid the driver to take our gullible selves back to our hotel. We enjoyed chatting with the cab driver.

Man board

Important points so far:

  • The music was playing at about 75 decibels – almost as loud as a vacuum cleaner. Conversation was difficult.
  • The 20 or 30 cent exchange value of points was the only exchange value mentioned.
  • Convenient, discounted travel was emphasized.
  • The availability and advantage of comprehensive service through Interval International was emphasized. (This despite the fact that Interval International had stopped providing comprehensive service for Diamond at the end of 2014).
  • There is a distinct and important difference between “Diamond Resorts does not buy back memberships, but members can certainly resell them themselves” and “Diamond Resorts actively obstructs individual resale of membership and the resale industry won’t deal with them.”

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

Inside Timeshare would like to thank David for his article and sharing his experience at the hands of Diamond sales agents in Vegas. It is the first time we have heard of loud music during the presentation process, it does make you wonder if these agents had been trained by someone well versed in the techniques of interrogation!

Also once again thanks to Irene Parker for her invaluable help in bringing people together to share those experiences and editing the articles, it has saved a lot of time at this end.

If you have any stories and experiences such as this you would like to share, you can contact Inside Timeshare or our Advocacy Facebook page.

Have a great weekend and don’t forget to do your homework, it will save you money in the end.

friday dog

 

 

 

 

 

homework1

Angel & Devil

TATOC: The Fallen Angel of Timeshare.

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

tess

Judgement against TATOC

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

tatoc logo

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

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

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

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

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

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

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

Harry Taylor
HARRY TAYLOR

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

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

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

Henry Taylor
His Twin Brother HENRY TAYLOR

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

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

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

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

So who do you believe?

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

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

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

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

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

siezed

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

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

 

birthday

Welcome to Monday and a Happy Birthday to the National Timeshare Owners Association

Welcome to our Monday article, we start with some news from Europe, Canarian Legal Alliance has been at it again. More news from the courts in Tenerife finding for CLA clients against Silverpoint.

On 2 May, the judge presiding over The Court of First Instance No 5, ruled the contract these clients had contained several infringements and declared the contract null & void. The judge also ruled they should be awarded over £25,957.79 plus the return of their legal fees and legal interest. In this case the main infringement was the floating weeks. The Spanish Timeshare Law 42/98 was reaffirmed by the Supreme Court, a timeshare contract must include a specific date, location and period.

The following day, the same court declared yet another contract from Silverpoint illegal under law 42/98, this infringed the length of the contract. The Supreme Court on numerous occasions have stated that under the law no contract can be over 50 years. The judge in this case again declared the contract null & void, ordering Silverpoint to return over £8,856.71 plus legal fees and legal interest to the client.

Canarian Legal Alliance also received a visit from the Kavli Family, who had their Anfi contract declared null & void awarded back over 39,413€ plus legal interest. Their visit while enjoying a relaxing holiday was to thank the entire team at CLA for all the work they put in to resolve their situation.

Kavli

On another note, this weekend saw the awards presentation of the Canary News Business Awards. Canarian Legal Alliance won the the award in the Service Category, with the Head of Operations, Csilla Nazali being awarded Business Person of the year, this was accepted on behalf of the entire CLA Team. So congratulations to them.

It would also appear that our “Fake Law Firm” the Litigious Abogados family have a new member, Abogados Amable & Garcia. The website is very much like all the others, accept they have a few new photo’s of “Lawyers” with some new names: Juan Hernandez Amable, Armando Ignacio Garcia and Ramon Quemon Cremul. These have not been traced on any Bar Association register. Even the logo on the website is a rehash of the Abel Garcia one. More on this as the information starts to come in.

abogadosamablegarcia-amable-garcia-logo

So on we go with the NTOA article, this follows the news that TATOC, the association that is supposed to represent owners committees, is going into administration. As you will see from the article, there is a difference between the two organisations. The NTOA is independent of the industry, whereas TATOC was funded and run by the industry for the benefit of the industry and not you the owner’s / members. After all we know that Harry Taylor took up his position with TATOC while still a senior figure with Diamond Resorts Europe. We also know he supported MacDonald Resorts to the hilt against owners, when MacDonald’s decided to remove all fixed week owners and replace them with a points system, legal action on this is still ongoing. Somehow we think that is a conflict of interest and not conducive to being “independent”.

stop press 1
Just before publishing today’s article, ARDA once again unleashed its powerful propaganda arm in retaliation against Don and Irene’s FOX Property Man interview with Las Vegas attorney Bob Massi. This was Don and Irene’s attempt to warn the public about Diamond Resorts points not being able to be listed with a member of the Licensed Timeshare Resale Broker Association. A timeshare member can list any major timeshare except Diamond Resorts with any of the 64 members of the LTRBA. The members feel the restrictions Diamond places on the use of secondary points are more onerous than any of the major timeshares they do list.  

You decide the merit and purpose of this interview. The industry continues to ignore the secondary market preferring to promote surrender programs. While the elderly are often mentioned, many young families who feel they were defrauded on the front end of the timeshare purchase have reached out to Inside Timeshare to let their voices be heard.

http://wjla.com/features/7-on-your-side/7-on-your-side-uncovers-the-smart-way-to-break-away-from-your-timeshare

One of the many Diamond Advocates has reached out to the ABC reporter to offer a 101 in Truth. Why Diamond will not loosen its restrictions so that a member can actually sell their timeshare is a mystery.

Our National Timeshare Owners Association 20th Anniversary

NTOA – A Timeshare Member’s Only Voice

Lobbying

By Charles Thomas and Irene Parker

May 8, 2017

European timeshare member lobby efforts are in a state of upheaval due to the bankruptcy of TATOC. It is not always easy to determine if an organization is on the side of the timeshare member or on the side of the developer. One thing is clear. The timeshare developer is not on the side of the member when the interest of the member is at odds with the developer.

The National Timeshare Owners Association in the US is one timeshare member/owner organization unquestionably on the side of the owner or member. As the industry moves towards points, timeshare buyers don’t “buy” or “own” anything. I will use “member” from now on when referring to timeshare purchases.

Timeshares today are mostly a “right-to-use” program. Buyers “join” the program. Unlike a country club that charges a nominal initiation fee upon joining, a timeshare purchased directly from a developer usually involves an initial outlay of $25,000 to over $100,000. Unlike a country club, you can’t cancel at whim.

Signing a perpetual contract without a secondary market, or a limited secondary market at best, has given rise to a robust transfer agent scam industry and has been a boon for timeshare lawyers assisting those sold by “deceit, concealment or bait and switch”, defined by the FBI as White Collar Crime. There have been numerous lawsuits.

Timeshare developers have been unwilling to address the need for a secondary market, preferring to focus on voluntary surrender programs, which are not guaranteed. Often members must grovel before the developer seeking release from a timeshare they no longer need or want.

This unwillingness to allow a legitimate secondary market could lead to the industry’s demise. As one member of the Licensed Timeshare Resale Broker Association told me, “Many of the calls to our office begin with – my parents got roped into this timeshare.”

Timeshare has had its share of ups and downs over the years. My husband and I bought our first timeshare in 1984, so we have ridden the waves. Never have I seen such an upswing in predatory lending and aggressive strong arm selling tactics. Never before has there been such a need for an organization that truly and purely is on the side of the timeshare member.

I asked Greg Crist, CEO of the National Timeshare Owners Association to describe the organization in a nutshell.

NTOA is a source of real and unbiased information and education. Over the organization’s 20 year history in the timeshare community, we have seen many ownership programs develop and later change. For example, developers have been converting to points programs from deeded intervals for several years. There are other major changes happening in vacation ownership and often owners are not keeping up with those changes. Our role is to help educate those owners (our NTOA members), assisting them to better understand their current ownership benefits”.

“Advocacy is another area we focus a lot of attention on in the United States, Canada and now Mexico. We work with law enforcement, regulators, legislators and attorneys, assisting in consumer protection and again educating all stakeholders on various threats to consumers that exist in the marketplace”.

“Finally we do everything we can to encourage owners to get the most beneficial interest out of their Vacation Ownership. As timeshare owners ourselves, we feel these are the three areas that owners typically seek knowledge and support from us.”

gregcrist600
Greg Crist: CEO NTOA

Inside Timeshare previously published an article about NTOA’s efforts chasing fraudulent timeshare transfer agents caused by the limited secondary market. This is one area the NTOA and the timeshare developer lobby organization ARDA share a common interest. As NTOA works so much behind the scenes, many timeshare members are not even aware of the organization’s existence.

We hope that will change as we launch a membership drive.

Here is one example of how NTOA worked with Eagle Crest in Oregon to stop this particular timeshare transfer fraud.

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

As to the demise of TATOC in Europe, Greg expressed some dismay over the demise of this organization.

“The NTOA has worked with TATOC in identifying a number of rogue resale and secondary market companies over the past several years. To that end, our staff has shared intelligence and best practices for consumers and for foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.”

I posed the following questions to Greg:

What can a timeshare member do to promote legislative changes to reduce the volume of complaints about aggressive selling and predatory lending?

Greg: The various state legislative processes are often fast moving and difficult to keep up with. Having success in this area requires a grassroots effort in states where owners reside. The optics that many legislators have is that our owners/members are not voters in the states where industry lobbying is prominent. We have to change that perspective so that elected officials are more receptive to the voices of owners.

What is NTOA’s three to five year plan?

Greg: NTOA is in the final leg of its expansion plan in North America. We have been working in Canada for the last three years and began working in Mexico in 2016. This year, we are participating in two industry conferences in Mexico and intend to have a consistent presence there going forward.

To accomplish this part of our mission, we rely on close relationships with other associations in those countries. This includes the CVOA, CARE, ASUDESTICO and ACLUVAQ. In working with partners, we can not only better assist our members/owners but also promote regional tourism as well.

Is there anything NTOA can do to promote a legitimate secondary market?

Greg: The secondary market is a very complicated problem and no one-size fits all solution will work. The NTOA is working with the C.A.R.E. resale task force to develop a better understanding of the barriers, challenges and opportunities for owners and HOA’s.

When you support the NTOA, you are supporting the only recognized independent association in North America supporting timeshare owners.

ntoa-logo

Timeshare Advocacy needs more member voices. We look forward to hearing from you. For more information about how to join NTOA, here is their website.

https://www.ntoassoc.com/

NTOA has assisted many of our Inside Timeshare readers through member supported advocacy groups. We have several upcoming articles contributed by timeshare members reaching out to the general public and to current members by sharing their story hoping to promote increased awareness.

Diamond Resorts Owners Advocacy is one Advocacy Group Inside Timeshare supports. We hope other timeshare member groups join the cause.

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

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

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

Inside Timeshare would like to thank Greg Crist, CEO of the NTOA for his contribution to this article, as usual Irene has done a superb job of conducting the interview.

We would also welcome any views or comments on any article published, it is your voice, use it.

your voice

letter from america

Friday’s Letter From America

It’s Friday again, this week’s “Friday Letter from America” is a little light hearted from our usual fare, it may just be that our roving reporter Irene is on holiday (sorry vacation for you across the pond).

Irene is staying at Los Abrigados, this is not to be confused with the “fake” law firm that we have been reporting about “Litigious Abogados”, or as one of our friends Naty, calls them “Avocados”.

Avocados
These are Avocados
abogados
These are Abogados

Well, on that subject, they have been very busy again, contacting owners in the UK with the wonderful news that their timeshare resort is in court at the end of this month. Not bad considering the client hasn’t even instigated any legal action or even Knew they had a claim!

This particular reader also had a very lucky escape, he felt that he could not have a claim against his timeshare resort as he purchased in England and not Spain. He then searched the web and found Inside Timeshare, with all the articles and warnings we have published about this “SCAM”, he contacted us for advise.

We confirmed that he could not make a claim in Spain as it did not come under Spanish law, he also purchased before 1999 and has never made any upgrades. It just makes you wonder how many have actually paid this lot, as the cases we have reported on are only the tip of the proverbial iceberg.

On the news about the demise of Harry Taylor and TATOC, another reader sent us this response:

“So it`s goodbye from them (Silverpoints) and goodbye from them/him, (the Harry Taylor dictatorship known as TATOC.) The other directors seizing the opportunity to do like Emily Collins and Christine Roberts and clamber into the lifeboats. Unfortunately the directorship indemnity insurance makes them all jointly and severally responsible if any illegal activities have taken place and because they did not insist on correct and acceptable company governance and transparency they must all now be very worried as to their positions re the responsibilities. They had to see that the company was being run in a professional manner. They were all made aware of this but chose to ignore the warnings”.

“It is understood that Harry Taylor will now be pursued through the courts personally for trying to bring another business into disrepute”.

“As predicted on here years ago and before this forum was taken over by its present admin. The house of cards that is timeshare is beginning to crumble because of its greed and shortsightedness in refusing to reform having persuaded the EU Commission to allow them to police themselves”.

So that really does say it all, one opinion shared by many. Now on with this Friday’s letter.

To Diamond CEO Michael Flaskey from Don and Irene

Please fix your Pool Table!

A Sedona Arizona Los Abrigados Resort Review by Irene Parker

pool
Could this be Irene?

Cinco de Mayo 2017

My husband Don and I are staying at Diamond’s Los Abrigados property in Sedona for two weeks. Having researched Diamond’s executive compensation, I learned that former CEO David Palmer earned $25 million in two years and former CEO Stephen Cloobeck was allowed 50 hours annual use on the most expensive aircraft in the Diamond fleet prior to the Apollo acquisition (for non-business purposes). I would think a little money could be allocated to fixing the pool table at your Spoke and Wheel tavern and eatery.

My husband and I have been shooting pool at Los Abrigados since 2008. Having met in a pool hall 35 years ago, pool is important to us. And it’s not just important to us. There are six to twelve pool enthusiasts who sadly told me they have been trying to convince Diamond to fix the pool table for two years.

Now a pool table may not sound that important to you Mr. Flaskey, but when you met your husband in a pool hall 35 years ago, playing pool is important. As we really have nowhere to shoot pool where we live, our pool shooting vacation at Los Abrigados is what our vacation is all about. As a matter of fact, the pool tables at Los Abrigados had a lot to do with us buying a timeshare from ILX prior to Diamond’s acquisition.

In your recent interview on FOX Business with Maria Bartiromo, you said you leave your card at the front desk, which leads us to believe you actually care and intervene on behalf of owners who face timeshare challenges after purchasing at Diamond Resorts.

On the positive side, we received good value for our points for our stay here, our unit is very nice, and the staff, especially Daniela serving patrons in the pool table area, is exemplary.

But back to the pool table

The pockets are shot, the rails are shot and they keep moving the table which throws off the balance. A pool table has a slate bottom so you have to be careful how you move it.

I was afraid to play the locals, as they brought their own sticks, because Diamond only provides two sticks. Two sticks!

My new pool playing friends and I eagerly await your response. You never know what may be important to a guest. In our case, the pool table says it all.

seal

Thank you for listening,

Don and Irene

There we have it, another week over in this murky but sometimes humorous world of timeshare, one just never knows what is going to happen next. Maybe the rogue developers and resorts might just get the hint, if they don’t change how they operate, they won’t have a business to operate!

Inside Timeshare again thanks all those who contribute to the articles and especially those who send us the information about some of the dubious firms that are out there. Without you, others will fall into their traps.

Have a good weekend and we hope the weather is great to get out and have BBQ.

BBQ chef

out of business

TATOC: Is The End Now Upon Them!

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

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

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

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

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

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

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

Alberto-garcia-2
A Rare Photo of Alberto Garcia

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

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

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

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

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

tatoc logo    mcdonaldsresortlogo

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

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

task force
The Timeshare Taskforce

 

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

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

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

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