One of our regular readers has sent in a link to another website giving David Cox a bashing, it certainly looks like he has annoyed a lot of people. Well that is not surprising, he does attack anyone with his ranting lies and false information, all to try and give himself and his company TESS Paralegal Services Ltd credibility.
This website which was registered at the end of March, is hard hitting and well written, the author or authors who have remained anonymous for obvious reasons, also seem to have a sense of humour.
It goes on to vilify his writing skills or rather lack of, calling him “Dyslexic Dave” and “David “The Dunce” Cox”, but it also explains that he is also under investigation by Avon & Somerset Police due to his dealings with Mark Rowe and Monster Credits. The article also asks the question why his rants against Monster have been removed from his website, after all he did even attack his former partner.
Inside Timeshare knows he has been sent legal notice of action to remove his posts, as yet no response from him has been received by Inside Timeshare or any of the other parties involved. No new posts have been published since the end of March, he just seems to have melted away into the shadows where he belongs.
He has duped timeshare owners all over the UK first with his ownership of the Timeshare Consumer Association, which was once run by the late and esteemed Sandy Grey, then using that platform to enhance his own business TESS. The people we feel sorry for are the poor consumers who have been taken in by this charlatan.
Click on the link below and have a bit of a laugh.
The Barrister for CLA has received the payment and this is now being transferred to the clients personal account. This is not the full amount as the court are still calculating other sums due the client.
It is obvious from this, the courts are taking a dim view at Silverpoints continual delaying tactics, which has resulted in delays and considerable court time in chasing up. There is also a system of embargoes which the court can enforce, this will freeze assets and bank accounts, allowing the court to withdraw the funds at their will.
Canarian Legal Alliance have also set into place a system where they now have lawyers whose task is to file these embargoes with the court and enforce the settlement in favour of their clients.
Silverpoint have a history of delaying and this is a clear warning from the courts that they will no longer tolerate this behaviour. It is a good sign for the many client that have cases against this company, speeding up the return of their money.
The scam is very simple and they are very adept at making consumers believe them.
The call comes from a woman (possibly Dutch) called Hope Brugge, in her call she seems to know many details, that the case is going to be heard in court the following day. The next call is to say that the court has found in the client’s favour and awarded Ex amount.
To have this money released the client needs to send an amount via bank transfer to an account in the name of an individual, they are using numerous accounts and names.
This is also backed up by fake but official looking paperwork, do not be taken in by them, if you do have a case with a law firm, contact them for verification before engaging with Hope Brugge and paying any money.
This is a very well laid out fraud.
If you have any questions or comments about this or any article published, then use our contact page and we will get back to you.
Been contacted by a company, found one on the internet and not sure if they are genuine, then ask Inside Timeshare, we will point you in the right direction.
Inside Timeshare has received information from one of our readers involving Silverpoint in Tenerife, it is to do with the so-called “Company Participation” scheme they have been selling.
In this scheme, the clients for considerable amounts of money, in many cases in excess of more than 150,000€, clients purchase not shares but “participations” in companies set up to hold “freehold” apartments, which will then be rented out by Excel Resorts. (Allegedly).
Having seen the documents for this scheme, it doesn’t leave much to the imagination that they are not in the best interest of the clients.
This reader has been contacted by Ali Farhoud one of Silverpoints sales people by email, in this he tells the client what we already know, that Excel Resort Management have cancelled the rental contract with Silverpoint.
This does look like Silverpoint are no longer in a position to generate a sufficient rental income to satisfy their contractual promise to their clients who have purchased the participation scheme.
Apparently Mr Farhoud told our reader that he had helped clients sell their apartments with genuine sales companies. But he also added that many companies had said that the apartments with leases concluded with Excel were not saleable.
He has taken on the services of a lawyer, (we wonder if it is the same one Silverpoint use), on behalf of the clients and that the necessary Power of Attorney was being sought from the clients.
Having studied this scheme and reading the documentation, it is Inside Timeshares opinion that extreme caution should be exercised before signing any power of attorney. Do not rely on any lawyer appointed on your behalf, as with any business or property transaction you should always engage your own independent legal advice.
Continuing with our David Cox/ TESS theme, we have just been told that it looks like Mr Cox is about to retire and that he is trying to find a buyer for his pathetic excuse of a company TESS Para Legal Ltd! To be perfectly honest who would purchase any company that has been associated with this individual?
It also begs the question where is this going to leave all his clients?
You have seen the list of his history with different companies, not the most impressive CV with many leaving debts in their wake!
He also seems to be a bit of a delusional character, a Walter Mitty if you like, according to Company House records he is Director of the following company:
According to the records the company is listed with its activities as:
80300 – Investigation activities
82990 – Other business support service activities not elsewhere classified
So does this mean he is also a “Private Detective”?
The address given is also very interesting, according to Google Maps and Street View, it is comprised of two rather large detached houses, number 39 and then number 41, two separate properties.
According to Zoopla, number 39 has a value of £411,000 and was last sold in August 2007. Number 41 has nothing listed for price or when last sold.
So either the registered address for his company is the two homes, or he has not been economical with the truth when registering his company!
On that point we leave it for you the reader to decide!
The Court of First Instance No 2, in Maspalomas, Gran Canaria, has just issued the following sentence. Anfi have been ordered to repay one of their clients a total of 70,000€ plus legal interest, with the contract being declared null and void. The infringement of the law in this particular case is the length of the contract, it was one in perpetuity, when the law only allows for a maximum period of 50 years.
If you have any questions or concerns regarding any part of this article, or would like to know where you stand with any product purchased, then use the contact page and get in touch.
Have you been called or found a company on the internet and want to know if they are genuine, then contact Inside Timeshare and we will point you in the right direction.
In response to Marcy’s comment about US Consumer Attorneys in Friday’s Letter from America, another Veteran has come forward worried about the $6,000 he paid US Consumer Attorneys after he was not allowed out of his timeshare. George Yamada served his country in Vietnam. He is 70% disabled, exposed to Agent Orange.
Inside Timeshare has heard from 44 veterans and Active Duty members of the military and law enforcement alleging timeshare fraud. Those who have put their life and health on the line for us should not have to suffer timeshare abuse that can ruin their retirement.
Last week after publishing Friday’s Letter from America, news came in of yet another Supreme Court ruling from Spain’s Highest Court in Madrid, Once again the lawyers from Canarian Legal Alliance secured the ruling against Silverpoint in Tenerife, making the number rulings from this court a massive 112!
The judges in this case ordered that the client be awarded over 80,000€ plus legal fees and legal interest, with the contract being declared null and void. So another happy ex-timeshare owner.
Considering the above and what has been published in the past, it seems strange that David Cox of TESS is still very quiet, still nothing published since his diatribe against Inside Timeshare, Canarian Legal Alliance and Praetorian Legal back in March.
Could it be he has run out of thoughts (not difficult for someone without a brain), or just forgotten how to write, not that he could write anyway, or is it he knows that he has landed himself in the proverbial legal dung heap!
We actually suspect that this enterprise is going the same way as all the others he has been involved with, LIQUIDATION!
I don’t agree with either comment, but it is also true there are many times it is cheaper to book online than use vacation points. My mission is to slow the growth of deceit and bait and switch tactics used to sell points, inspired by the evolution of the points based timeshare product.
Today Jenny Baldner shares her fair and balanced opinion along with her words of wisdom on how to dodge efforts to get her to attend sales presentations. Jenny is a Diamond Resorts member, but Inside Timeshare has heard complaints from members who own points of several timeshare companies. More than a few members have told us the only reason they want out is because of the herculean efforts of greeters to get you to sit down for that 90 minute presentation that can end up taking as long as nine hours. Nine hours has been the record so far.
The only comment of Jenny’s that I don’t agree with is “since we are stuck with it for life.” The old adage holds true. The only two things we are stuck with are dying and paying taxes. Developers are finally starting to wake up to the fact that ironclad one sided perpetual contracts, accompanied by rising maintenance fees, with little or no secondary market, are a one way ticket to disaster. As always, don’t pay anyone any money to get you out of your timeshare without checking with one of the self-help groups listed below or Inside Timeshare.
Three important considerations need to be input into Jenny’s model:
The age of the buyer
The initial investment
The interest rate – never finance a vacation at 12% to 18% for 10 years
We appreciate Jenny’s article submission. Due to the escalation in the number of comments and complaints Inside Timeshare receives, contributor articles allow Charles Thomas and I more time to answer questions and point members in the right direction in order to resolve their complaint. And I love to edit!
I see that a lot of people have experienced what we have. So, I wanted to share a few ways to evade the badgering of sales agents and other ways I get my money’s worth since we’re stuck with it for life.
We always check in late to avoid the rush. Sometimes we travel separately so I can say my spouse isn’t accompanying me on this trip. They leave you alone if your spouse isn’t with you.
Skip the concierge desk after checking in.
Don’t answer the room phone during your stay. Most of us have cell phones so you can go one step further and unplug the room phones which I have done if they’re persistent.
When they call your cell phone, make sure that you let them know that every day is booked with set activities. This is not a lie.
Program that number into your phone so you know not to answer it.
Kill them with kindness. “Thank you so much, I appreciate it but, No!”
We have way more points than we need every year, so I usually book extra rooms so families can join in on the fun. I supply the room and they either pay me money to go towards my maintenance fees, or they buy all the food while we’re there. They don’t have the money to buy or rent hotels or resorts. I always try to upgrade to get my money’s worth.
I got tired of feeling like I was being duped, so now I use a budget planner to track my maintenance fees and points. When I find a location using my points, I compare the market value of the resort as if I were to book the same room through booking.com, Trip Advisor, hotels.com, and so on. I make sure that when I book a room, I couldn’t get it cheaper through the market.
Lastly, I hate the way they sell you these timeshares! But, I have to admit I like the rooms and it forces me to take a couple vacations every year. If you have it, use it! Don’t lose your points. I have booked rooms for my friends and their families after they return from deployment. One year I even used it as my white elephant gift at work.
On another note…a few days after 1 January, I save my max points for the year. If I need them back because I went over the remainder to use, they just pull that amount back for your booking. You already paid your maintenance fees so you don’t have to pay anything extra. And then you don’t have to worry about forgetting to save your points by a certain deadline.
Below is a picture of this year’s budget. As you can see if I were to book these vacations without my timeshare it would have cost me an additional $2,552.79. The market tracker does include taxes and the additional resort fees we don’t pay.
I hope this helps you or someone. We started with Sunterra in 2006 and are now with Diamond Resorts.
Thank you again Jenny! Jenny worked as a Resource Advisor for a few years while in the Air Force and decided to take those skills and apply them to this. “Nothing worse than feeling like you were made a fool of,” Jenny added.
The consumer is not off the hook, but clearly more timeshare public awareness is needed to slow the volume of complaints as well as rising default rates. Consumer knowledge can address both negatives.
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.
In this week’s Tuesday Slot with Irene, we welcome another new contributor, Alicja Tandecka from Poland, with comments from Irene Parker. This story is one with a happy ending, so Inside Timeshare is pleased to share this with you. But first we have a quick look at Europe.
On the legal side, it now looks like we have two courts where the judges have decided to dispense with full trials and issue judgements at the pre-trial stage. Usually the pre-trial is a general review of the case and the judge will then decide to set a date for a full trial.
The Courts of First Instance No 1 & 4, of San Bartelomé de Tirajana in Maspalomas have now in several cases decided that a full hearing is no longer necessary. Their reasoning behind this is very simple, it is a matter of contracts, they are in breach of the timeshare laws 42/98 & 4/12 along with the rulings from the Supreme Court. In these cases the judge has decided to rule and issue his sentence, the last one was issued within three days of the hearing.
This is obviously good news for clients, as it will speed up the legal process no end.
Another lawyer known to these pages has now started to publish the results of his cases, Javier Correa, who at one time worked with Miguel Rodriguez Ceballos of Canarian Legal Alliance. With the news that Javier is now publishing his results does go to prove that what timeshare companies such as Anfi, along with David Cox of TESS stating that these are all fictitious cases is not true. They are a matter of public record, Inside Timeshare even published links to the official website where these case files can be accessed.
News has just been received on the EZE Group case, Dominic O’Reilly and Stephanie O’Reilly his daughter, are to appear at Birmingham Crown Court on Monday 30 April 2018 for sentencing. This will be good news for all those EZE Group clients who have been taken in by this company. One question which we will ask, is how will Birmingham City Football Club deal with this, after all EZE Group are linked to them and also have a stand named after them?
As we were about to publish , we went to check some details on the EZE Group website, the account has been suspended and cannot be accessed.
More news on this next week.
Now for our Tuesday Slot.
Alicja Tandecka’s Trip to America turns into a Polo Towers
Diamond Resorts Issue Resolved!
The Federal Trade Commission’s Report on Complaints
April 24, 2018
By Alicja Tandecka
My visit to America from my home in Poland to attend an Arbonne conference turned into a travel dilemma after I signed a contract to purchase a Sampler product from Diamond Resorts. I signed a contract to buy 20,000 Diamond Sampler points for $4,000.
Two hours after I signed the contract, I decided I had made a mistake, so I went back to cancel. I was alarmed to read that this Sampler product has no cancellation period, even though I had found on the internet Nevada has a seven day cancellation period. I feel this is a very unfair business practice.
As a foreigner in a foreign country, I did not know where to turn. I reached out to Inside Timeshare and the Diamond Member Sponsored Advocacy Facebook for help. I will be eternally grateful to have found them and their pro bono help in all this will not be forgotten. This is what restores my faith in humanity.
Irene Parker from Inside Timeshare directed me to the Diamond Resorts Consumer Advocacy department. I told her about the high pressure sales presentation I attended. Irene explained that Diamond has introduced a program called CLARITY that promises no high pressure and that I should explain to that department what happened.
When I went back two hours after I signed the contract to cancel, the office was closed. The next morning I went back again and was asked to write down the reasons why I wanted to cancel so the agent could send this to Diamond corporate. The agent I spoke with assured me I would be refunded, but I was worried.
Irene explained that Timeshare Advocacy Group™advocates have helped 404 timeshare members because reports indicate there is no enforcement of timeshare regulations in Nevada and a few other states. She suggested I submit an article to Inside Timeshare about my experience. She sent my article to Diamond Resorts for comment to see if someone might reach out to help me end this ordeal. Someone did so my trip to America ends with many new Facebook friends and a timeshare issue resolved!
Comments from Irene
The Federal Trade Commission released complaint statistics and timeshare made the highest dollar amount. The amount of $1,700 seems low as timeshare member reports from members reaching out to Inside Timeshare include members losing money in amounts ranging from $25,000 to $400,000 or more.
The most common comments:
I’m so embarrassed! I feel so stupid! We haven’t told our kids!
Excerpts from the FTC report:
The Federal Trade Commission has released statistics on complaints and other problems reported in 2017. Some came directly from consumers, while others originated with law enforcement agencies and other organizations, including the Better Business Bureau.
The FTC received 2.7 million reports in 2017, a slight decrease from 2016. However, the amount of money people reported losing to fraud increased 7.5 percent to $905 million. The true numbers are much higher since many people don’t report being defrauded because they’re embarrassed, afraid, or don’t know where to turn for help.
Abusive or fraudulent debt collection calls were the top source of complaints in 2017, representing 23 percent of all reports. Identity theft, led by credit card fraud, and impostor scams rounded out the top three.
For the first time, the FTC broke out the numbers by the age of the person filing the report and the results mirror what the BBB has found in analyses of complaints it receives. Younger people reported losing money to fraud more often than seniors, but seniors suffered a greater dollar loss.
The median loss from all types of fraud was $429. Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population.
Florida had the highest per capita rate of reports to the FTC, at 993 per 100,000 population. Tennessee came in 10th at 649 per 100,000 and Mississippi was 27th at 514. North Dakota had the lowest ratio at 277 per 100,000 population.
Inside Timeshare will walk with Alicja until her issue is resolved or foreclosed. We’re checking into whether defaulting on $4,000 will have any great effect on her credit report in Poland or create any problems coming to America in the future.
Thank you Alicja for your contribution, Inside Timeshare and all the team who work with Irene are very pleased to have been of help, we are glad that your trip has ended with a host of new friends and we wish you luck for the future.
If you have any comments, questions or concerns about this or any article published, or need help to decide what to do and who you can trust, then use our contact form and Inside Timeshare will get back to you.
Yesterday Canarian Legal Alliance published in their news section a case study of a recent trial, nothing unusual there, except this had a rather different twist. This particular trial was dealt with at the pre-trial stage rather than the full trial, the venue was the Court of First Instance No 1 in Maspalomas, the lawyer representing the clients was Judith Diaz Pascual of CLA.
The pre-trial is a formality where the defending party may argue why the case should not be accepted, it is also a point where the judge will ask if there is a possibility of a settlement out of court. Usually the judge will then decree that a full trial date be set, with the defendants demanding the appearance of the clients.
As there was no agreement that day Anfi, the defendants, asked for a full trial to take place with the clients in attendance, CLA lawyers argued that this was not necessary as the case and infringements of the timeshare laws was based on documentation, so there was no need for a trial or for the clients give testimony. The judge agreed, he stated that he would issue a resolution after the preliminary hearing, three days later the judgement was issued.
The judge concluded that due to the infringements which included, floating weeks and the taking of deposits within the cooling off period, the contract was declared null and void. Anfi were also ordered to repay over 49,000€ which included double the deposit paid, the court also awarded legal interest.
Apparently this is now becoming more common, it is not the first case to be dealt with at the preliminary stage, it will only be a matter of time before more judges decide that this is the best course. After all the cases are based on the contracts and documents, if the timeshare company has sold floating weeks or points, the contract is longer than 50 years and any payment taken within the cooling off period, these are breaches of the law, so why prolong the issue with a full trial?
Yesterday we again published information concerning TESS and David Cox, keeping a check on his website, he has still not published anything about any subject since his last defamatory article on 29 March. We just wonder if this could be a sign that TESS is going the same way as those companies highlighted in yesterday’s article?
Now for our Letter from America.
Gad and Noreen Liebmann, Army Veterans
An Open Letter to Diamond Resorts CEO Michael Flaskey
April 20, 2018
We are one of 29 Diamond Platinum Member Families Up-sold alleging we were defrauded
A Diamond Daytona sales agent’s response to Gad and Noreen:
While picketing yesterday one of the salesman came down to talk to us. He brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart and using the money earned to help pay our dues.
Inside Timeshare has received 375 Diamond Resorts complaints from our readers, Diamond members alleging they were sold or up-sold by fraud. Families are devastated. Platinum member #29 contacted us April 16, 2018, a disabled Vietnam veteran, age 71. He says they were told by a Florida Mystic Dunes sales agent if they purchased additional points it would take care of maintenance fees. Now they too are forced to foreclose or walk away from their points. We hope AARP takes note.
A Diamond Vice President’s response to Joshua Parker:
“We are not responsible for what our sales agents say”4/5/18
The Diamond CLARITY TM Promise:
Accountability, Transparency and RESPECT for the customer
A Quote from CEO Michael Flaskey:
“Clarity seeks to build on Diamond’s already impressive standing with its members. Almost 70% of the company’s sales are to existing members seeking to increase their Diamond resorts vacation memberships,” said Mr. Flaskey.
Mr. Flaskey, We are one of 29 Platinum member families alleging we were upsold by fraud. We have been Diamond members for 20 years, but we made the mistake of believing Brad Leslie at Daytona Beach Regency. So did Sheilah and Thomas Brust. We did not know about Diamond’s official policy, “We’re not responsible for what our sales agents say.” What kind of accountability, transparency and RESPECT for your customer is that? There are over 1,200 members on our Diamond Resorts Owners Advocacy Facebook, many alleging fraud.
Josh Parker is an Iraqi veteran. Josh says he was told his points are an investment and would be easy to sell. Now, expecting twins, a high risk pregnancy, they have learned the truth, so will in all likelihood have to suffer through 180 days of endless collections calls. Josh is 90% disabled, a combat veteran. Josh’s YouTube:
My wife Noreen and I have been protesting outside Daytona Regency for the last month. We are Platinum Diamond members. We own 96,000 Diamond points only because we bought an additional 25,000 points to take advantage of a program that did not exist. We are not confused. Sheilah and Thomas Brust are not confused. Sheilah has an accounting background. Sheilah Brust does not get numbers confused.
We had purchased eight Diamond contracts over 20 years and had been happy Diamond members until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud. Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. The calculations shown to us were false. Sheilah has a copy of Brad’s “Pencil Pitch” promising her double points. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad made it sound like these were new benefits that could only be obtained by purchasing additional points. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways. When we returned home we learned booking vacations using Valued Getaway and Point Saver were already available to us.
We appealed to the local DRI marketing VP. He was unsympathetic. A call to Michael Flaskey, CEO, who leaves his card at every front desk, got a response from a lady who offered to allow us to give back some of the points we purchased in the past, lowering the dues but not eliminating the latest purchase. In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points we didn’t need because of a convoluted scam. We may be older, but we’re not stupid.
We feel we meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch”, in addition to Elder Abuse.
Many Diamond members feel there is no timeshare enforcement in Florida. The Arizona Attorney General opened an investigation after receiving hundreds of Diamond complaints, just in Arizona, accusing DRI of violating the Arizona Consumer Fraud Act. They did not turn Diamond members away because “Diamond is not responsible for what Diamond sales agents say.”
Veteran Teresa Laird is planning to protest outside DRI Polo Towers. DRI sales agents tried to sell her dad, at age 83, in a wheelchair dozing off, a recipient of two Purple Hearts, $234,000 in additional DRI timeshare points.
There is little to no regulatory enforcement because the Attorneys General in Nevada and Florida dismiss complaints, also falling back on the oral representation clause, or in Nevada at the Nevada Real Estate Division, “You have no proof”, so there is nothing to stop timeshare fraud.
From the Florida Attorney General’s Timeshare Division DBPR
Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale. A document called“Acknowledgment of Representations”or “Purchaser’s Understanding”or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product. A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations. Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.
We are veterans in our late 70’s and two of 40 active duty or veteran military and law enforcement timeshare members alleging we have been defrauded by timeshare sales agents. Several are in danger of losing their Security Clearance.
LICENSED timeshare resale brokers will not even accept a Diamond listing feeling it would be a waste of their time and your money, due to restrictions Diamond places on the use of secondary points LTRBA members feel are too restrictive. Sheilah and Josh contacted Florida LTRBA members. None would accept a Diamond listing. Scammers have no problem taking your upfront money.
The Florida Timeshare Division, DBPR, and Diamond’s Transition department send members on a wild goose chase to contact a real estate broker, but legitimate brokers won’t accept a Diamond listing, because they are honest.
A Diamond member talked to a Diamond Transition’s specialist:
I tried last night to speak with someone in Financial Services with no luck. I tried again today as well but the phone just rings and rings. I did speak with Tiffany Davis in Transitions and she said our maintenance fees would have to be paid in order to do the Transitions program. She then said that I didn’t have to do Transitions – if I wanted to gain anything from my Timeshare that I should speak to a real estate agent to get it sold. I said I was unaware this could even be done. Tiffany said “Oh, absolutely, if you don’t want to just relinquish it, you can sell it”.
From the Arizona Attorney General’s Assurance of Discontinuance:
“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:
Sales agents should not deviate from sales material
Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.
Afraud is an intentionally false representation made with the intent to mislead the listener, and that the listener relied on “to her detriment.”
The first part means that fraud must involve an intentional lie. If you truly believe you’re telling the truth and end up being wrong, that doesn’t qualify.
That doesn’t excuse willful denial or ignorance of the truth. If you should have known the truth or could easily have discovered it before telling the lie, it could still be a problem.
The second part is about the liar’s intention. A lie that you don’t mean anyone to take seriously, such as a joke or hyperbole, wouldn’t constitute fraud.
When it comes to proving intent for fraud, courts often look at what the liar could gain if someone believes the lie. If the liar benefits from someone believing and acting on the lie, that tends to show intent.
The legal analysis will also rely on context. A lie while you’re trying to sell your house is more likely to result in a lawsuit than a lie told over drinks at a bar. Those are obvious examples, but there are many situations in between where the line isn’t so easy to see.
The third element is whether the lie actually caused harm.
If the listener believed the lie, acted as if it were true, and suffered some kind of injury because of that belief, then there may be some liability for fraud.
Injury can mean actual physical harm or financial loss. In general, emotional “pain” isn’t enough to build a case for fraud.
In general, anything other than a white lie (like how nice your spouse looks) should be avoided. Remember, a lie runs the risk of becoming fraud if you expect the listener to act on the lie. Keeping it honest isn’t just a good personal policy; it’s a sound legal strategy too.
For timeshare buyers, the customer is always wrong because they signed a contract. And no one cares. Inside Timeshare has heard from 131 Diamond members alleging fraud since January 1. The company does not respond to requests for comment.
Thank you Gad and Noreen, you have the support and thoughts of many timeshare owners not just in the US but also from across the great lake in Europe and beyond, also thanks to Irene once again for taking the time to edit these articles.
If you have any questions, comments or need to find information on any company mentioned here or that has contacted you then use our contacts page and we will point you in the right direction. Remember doing your homework saves you money!
Well the weekend is once again upon us and Inside Timeshare hopes that you have an enjoyable and relaxing weekend.
In Yesterday’s article on RSB Legal based in Redditch Worcestershire, looking like they have ceased trading, Inside Timeshare was contacted by Praetorian Legal, with the following information which we publish for our readers.
They have advised us that Praetorian Legal had been contacted by RSB Legal in order to underwrite some of their termination business.
Their statement is, if you received a Praetorian Legal indemnity document, they have advised us that Praetorian Legal will honour their indemnity and timeshare owners will remain fully covered under the Praetorian Legal Timeshare Protection Indemnity.
Inside Timeshare would like to thank Gary Smith of Praetorian Legal for responding so quickly, this does show their are some companies who are willing to do the right thing. It also shows that what has been published about his company by TESS and the TCA is designed to sully his reputation.
On the subject of TESS, the website TESS Timeshare Facts has been rather busy with their research, in their article:
In this article they have uncovered some very interesting information, this surrounds David Cox’s past “business career”, it does not look very impressive. It highlights every business that Mr Cox has been involved with, showing the status of the business, many are dissolved with unpaid debts!
These are just of the few that have been published on the TESS Timeshare Facts website:
Directors of U JET LIMITED were David Cox & Bernadette Cox Status: Dissolved Unpaid debts left owing
Directors of D & B COX LIMITED were David Cox & Bernadette Cox Status Dissolved Unpaid debts left owing
Directors of D & B COX (CONTRACTING) LIMITED are David Cox and Mrs Bernadette Cox. Trading Status: Dissolved Unpaid Debts left owing
The article also provides all the links to company house records as well as links to other websites, Inside Timeshare would love to meet the authors of this website, but we fully understand the reason for them wanting to remain anonymous. All Inside Timeshare can say is keep up the research!
This case involving clients from Norway was against Palm Oasis / Tasolan SL, the lawyer representing them was Miguel Rodriguez Ceballos, CLA’s senior lawyer. The interesting fact about this particular case is the Escritura and the registration of the timeshare at the Property Registry. By registering they were trying to treat the timeshare as property thereby attempting to circumvent the timeshare laws, making then non-applicable. The court disagreed and declared that timeshare law was applicable.
The court declared the contract null and void awarding the return of over 16,000€. One of the infractions of the timeshare law was the length of the contract, being more than 50 years. (PDF of the court ruling is below).
In tomorrow’s Letter from America we shall be running the story of Gad and Noreen Liebmann, both army veterans and their experiences at the hands of Diamond sales agents. They are currently staging a protest outside Diamond’s Daytona Beach Resort. So do join us tomorrow, it is a story that will make your blood boil!
Inside Timeshare is here to inform you of what is happening in the murky world of timeshare, bringing you the news from the courts, the US and beyond bringing timeshare owners around the world together. We also publish articles about different companies and how they operate, inform you of the fake law firms and what to look out for,so you have the facts who to trust.
If you are unsure about any company that contacts you or one that you have found searching on the web, contact Inside Timeshare and we will help you find out.
This week’s Tuesday Slot is not from Inside Timeshares very own Irene Parker, but has been contributed by Meryl Reyman another new contributor, today she highlights the problems in Nevada.
First we have a look at the timeshare world in Europe and the latest court cases.
Last week we published the news of the 100thSupreme Court ruling then the 102nd and 103rd, after publication we received the news of yet two more rulings from Spain’s highest court, bringing the total now to 105
The first is another ruling against Silverpoint in Tenerife, the main points are the illegal taking of deposits and the contract being over 50 years in duration, the sentence which can be seen in the PDF below runs to 15 pages and shows even more infractions of various laws not just timeshare law 42/98.
The court declared these clients contract null and void, awarding over 34,000€ plus legal interest.
The second Supreme court ruling is yet another against Anfi, at the moment we do not have details on what the infractions were, but the court again declared the contract null and void with the return of over 78,000€ plus legal interest.
These rulings from the Supreme Court are the proof the timeshare companies are losing, despite what they and others may be telling the public.
Going back to the articles regarding the David Cox and TESS allegations against Inside Timeshare and Canarian Legal Alliance, the TESS website and Mr Cox have been very quiet. In fact nothing has been published since 22 March, well, we wonder if Mr Cox can’t think of what to write, after all his ramblings clearly show he is not sound of mind. We leave you the reader to decide on that one.
Timeshare Companies, Preying on the Young, the Elderly and Military Personnel, are under your Noses Here in Nevada
By Meryl Reyman
A retired attorney and former senior executive of a large marketing/advertising agency located in New York City. I am now a resident of Henderson, NV.
A Nevada Timeshare “Buyer Beware” Media Campaign
April 17, 2018
During a recent stay in Las Vegas my husband and I attended a hard sell timeshare sales presentation. After 5+ hours of promises, and a 15 minute perfunctory signing of extensive opaque written documents, we went home with a contract only to discover that very little of what was said over those five hours was in the written documents. We successfully rescinded the contract. Since timeshare sales agents rely on the vacationer not taking the time to review documents, we were lucky that we lived in the area and had time to catch the concealment.
The FBI defines fraud for profit as “deceit, concealment, violation of trust, and bait and switch.” Oral misrepresentation fits the bill. And so does deceit and concealment if new purchasers cannot access the booking website until after the expiration of the rescission period. Many complainants tell us they can’t determine the value of their purchase until they’ve passed the time period to cancel.
Given the perpetual nature of the timeshare contract, the lack of a viable secondary market, and rising maintenance fees, consumers can find themselves stuck in a hamster wheel of “recycled inventory” with points foreclosed or taken back, only to be sold again to the next unsuspecting vacationer.
Of course there are many who use and enjoy their vacation points. I’m sure there are timeshare sales agents selling the product honestly, but the escalations in timeshare company default rates, lawsuits and the number of Attorneys General investigations (TN, MO, AZ, CO, NY, WI) indicate a serious problem. Are we in timeshare haven Nevada going to allow deceit to continue by dismissing families with, “you have no proof”?
I hope not. If you are in agreement, we need your help.
We are launching this media campaign to alert and educate the timeshare consumer, because the Court of Public Opinion seems to be the only court open if you bought timeshare points in Nevada.
After our experience I started digging. I learned that timeshare deceit has been ongoing since before Social Media. I have decided to use my skills to advocate for timeshare reform. This is not a one company problem. In my opinion, and it is the opinion of 44 timeshare advocates from our Timeshare Advocacy Group™, timeshare, and especially the point-based timeshare system, has evolved to encourage and allow sleight of hand, predatory sales.
Timeshare Advocacy Group TAG has had a hard time keeping up with the flood of complaints. TAG has received 136 timeshare complaints just since January 1, 2018. Most of these complainants have reached out to the Nevada Attorney General and the Nevada Real Estate Division, where the timeshare companies and their agents are licensed to do business, to no avail.
Timeshare sales agents know they are protected by their corporate goliath. One vice president endorsed this by responding to one member, “Our Company is not responsible for what our sales agents say.” In actuality, there is proof, if the Nevada authorities would simply aggregate the complaints. They would then see the weight of allegations of deceitful sales practices that, because of their similarity, appear to be orchestrated from the top down.
Some of these predatory practices include:
Delaying delivery of important information so that the legal contract rescission period is undermined. Several complainants could not get onto the website until after close of escrow to determine the number of points actually needed to go to their desired destinations.
Luring customers to “owner updates” and “new customer orientations” that are really hard upsell opportunities,
Instilling fear by falsely advising that current fees of existing owners will go up astronomically unless they purchase “new program” points,
Instilling fear by falsely advising that heirs of the elderly will be saddled with astronomic fees unless they purchase “new program” points,
Holding onto customer ID and credit cards, and their children! One member reported hearing children screaming while customers sat through hours of hard sell,
Feeling pressured into high interest rate loans (12% to 18%) and higher interest rate credit cards.
Claiming that timeshare points will increase in value over time!! In fact, a class action lawsuit has been filed to fight this “investment” claim. For many timeshare points, there is little to no resale value.
We have a summary report of more than 50 families who have filed complaints against a Nevada sales center. This report is available upon request. Two of the complainants are:
Roy and Lillian Simmons, in fear of losing their home, up-sold to $2,700 a month in timeshare loan payments, living on Roy’s letter carrier pension.
Raymond Mori, recipient of two Purple Hearts, 23 years a Marine, at age 83, in a wheelchair, told to buy an additional $234,000 in additional timeshare points. Teresa is sure her parents would have signed if she had not been with them.
Do not believe anything a timeshare sales agent says in Nevada. If you do intend to do business with a timeshare sales agent, make sure they put promises in writing.
Thank you to Meryl for her advocacy efforts. If you or someone you know needs help with a timeshare concern contact one of these self-help groups that Inside Timeshare feels is not industry influenced.
Thank you Meryl for your contribution and also Irene for the editing, we also once again thank all the volunteers who give their time effortlessly to help other timeshare users in trouble.
In this Friday’s Letter From America we will be highlighting the story of Gad and Noreen Liebmann, who are currently staging a protest outside Diamonds Daytona Beach Resort. We are through Inside Timeshare readers and those on the various facebook pages receiving many messages of encouragement and support for both of you. We will obviously be keeping our readers posted as the story unfolds.
If you have any questions, comments about any article published, or need any help in identifying any company that has contacted you, use our contact page and ask Inside Timeshare. We are here to help and point you in the right direction.
News has just come in from the Bournemouth Daily Echo, the trial against Francis Madden, Claire Garland, Keith Furneval and Jean Furnaval, regarding a timeshare fraud which ran for several years has started.
Their company Central Marketing Ltd, defrauded thousands of pounds in selling bogus holiday clubs and other products. The trial is expected to last at least six weeks, for the full story see link below.
Today another company has come to our attention which is cold calling timeshare owners, this one is called Timesure Solutions Limited. According to Company House records they are based at:
Suite 7, The Business Centre, Edward Street, Redditch, Worcestershire, England, B97 6HA
Which is a familiar address from the past.
They have the company number 10022303, they were registered on 23 February 2016. The director is one Brian Carr, a name which is very familiar from previous posts, but it is just coincidence as this one is 60 years old not 31 like the Brian Andrew Carr who has just been jailed for fraud.
The interesting fact is that he also has 2 other companies:
Convert a Garage Ltd (10470650) registered in November 2016, with the address:
The Business Centre, Edward Street, Redditch, England, B97 6HA it also has an active proposal to strike off.
It must also be said that David Cox of TESS published an article headed “Timesure Solutions Jailed For Fraud” on 26 February 2018, the unfortunate thing is he actually got it wrong, it was actually “Simple Property Marketing Solutions”, The wrong company and the wrong Brian Carr!
So once again we have a company contacting owners regarding cancellation and claims, remember do your homework first.
Now for some news from the courts in Gran canaria.
There have been 4 sentences issued at the Court of First Instance in Maspalomas, all involve Anfi del Mar. All contracts have been declared null and void with the courts awarding in total 137,988€
There has also been news of another client receiving a massive 37,979€ into their bank account, this payout is from Anfi, who still insist that these claims do not exist.
News just arrived from the Court of First Instance number 1, again in Maspalomas, the judge has declared another Anfi contract null and void, awarding the the sum of 32,980€ plus legal interest back to the client.
Contrary to what David Cox and his company TESS want you to believe, these cases are real, yesterday we showed you where they can be found. These cases are a matter of public record, so what would be the point in making them up. Mr Cox, you are deluded if you think you can convince people you are telling the truth, all you are doing is destroying yourself and that can’t come soon enough!
Join us tomorrow for Fridays Letter from America, have a good evening.
As we mentioned yesterday, TESS and David Cox are at it again, bringing false allegations against Inside Timeshare and Canarian Legal Alliance. Using allegations made by a very dubious and discredited source called Alberto Garcia. He even uses links to the Daily Mail to corroborate his allegations, the information given to the Daily Mail was supplied by Garcia himself.
Alberto Garcia was at one time employed as head of the enforcement program for the RDO (Resorts Development Organisation), he ran a blog site purporting to be a consumer association called Mindtimeshare. This was funded by the RDO and Alberto Garcia had the task of destroying any company that was not a member of the RDO, or who threatened the industry financially.
It is well documented that Garcia himself had a personal vendetta against Eugen Kaiser and any company he had dealings with. This did culminate in a raid by the Policia Nacional on Club Puerto Atlantico and other offices in 2013. This raid was in organised and instigated by Garcia, using his old contacts at the Policia Nacional, where he was once an inspector.
Eighteen lawyers were accused of being part of a criminal gang, within days of the arrests it was up before a judge at the court in Las Palmas. This judge ruled that the warrants for the raid, which incidentally did not appear until hours after the raid took place, were illegal and so the raid, arrests and seizure of property was also illegal.
It is also fact that this judge had also sat on cases brought by the lawyers of CLA against the timeshare industry. He ordered a full investigation into the facts of the raid and Garcia disappeared. Eventually, several senior police officers faced charges for collaborating with Garcia on an illegal operation.
No charges were ever brought against Eugen Kaiser, Paula Beatson the lawyers or any of the staff that were detained. In fact they all made official denuncias against Garcia, Mindtimeshare and the authorities. Alberto Garcia was forced to step down as director of Mindtimeshare and the enforcement program in early 2017, the RDO did not renew funding for Mindtimeshare in April 2017.
As for David Cox’s allegations that all the cases are false, below are links to the Jurisprudencia website, where you will see the official sentences for 5 of the 99Supreme Court rulings brought by lawyers of Canarian Legal Alliance on behalf of their clients: (Note: to use these links you will need to register free on the website, right click open in new window, go to Usario in top right and register, this can be done either through Google + Facebook or linkedin, you can also register with a user name and add password).
By using the link below you can check on the official register of lawyers by using their ICALPA number and selecting Las Palmas as the Collegio, the press BUSCAR. This will bring up the lawyers name, by clicking on the name, you will then find address, telephone number, date of admittance to the college or Alata Colegiación and the date of renewal.
This should leave you in no doubt that David Cox’s allegations are false.
As for myself and my website Inside Timeshare, I did state yesterday that I do have a very good working relationship with Canarian Legal Alliance, in fact one of the lawyers is dealing with a legal dispute with a bank for my partner.
I do undertake work for them on behalf of their clients, this usually involves finding the information on companies they have paid to carry out services such as relinquishments, resales, fraudulent claims companies and bogus holiday clubs. This then helps them to instigate section 75 claims for their clients, on many occasions this has been done by Inside Timeshare free of any charge, not even a success fee! Can TESS say the same?
As for David Cox, well below is a PDF of all the companies he has been involved with, this has been taken from Company House Records:
It should also be remembered that when he was running the TCA, that website even recommended CLA as one of the best law firms to engage. This all went by the board the moment he asked CLA to pay him for the recommendation. It was obvious that he needed money, as the TCA website at the time was even asking people to make donations!
It is also understood he even went to Gran Canaria to meet with CLA and was put up in the Club Puerto Atlantico Hotel, as guest with no charge to himself. This meeting was to try and do a deal for TESS to pass on clients to CLA regarding claims for Spanish Timeshares. From reports by those that saw him, he seemed to spend most of the time inebriated!
Although I do personally undertake work for CLA, Inside Timeshare is an independent voice for timeshare owners, CLA has no influence on the articles published, they are either from my research or are personal opinions. All the articles published from Canada, The Philippines, Australia and most importantly from America are submitted by readers in those countries, bringing the timeshare community worldwide together.
So Mr Cox, your time is coming, my lawyer is preparing a case against you and no doubt so is CLA.
Our regular readers are those we have helped, again free of any charge, they know the truth. Inside Timeshare is still being asked for help from desperate owners not knowing who to trust, With your allegations you have shown that you and your company TESS are in the category of not to be trusted.
Welcome back, we hope you all had a good Easter Weekend, this week’s Tuesday Slot is from a new contributor Greg Guisti, edited as usual by Irene Parker. But first a little news from Europe.
As you know TESS and the proverbial diatribe writings of David Cox have been having a knock at Inside Timeshare and also Canarian Legal Alliance, well he’s at it again with even more of his malicious and unproven statements.
Also Inside Timeshare is proud to have a good working relationship with CLA, they continually provide updates on court proceedings, Inside Timeshare also provides them with the evidence to help their clients who have dealt with fraudulent companies. A very good case in point is Litigious Abogados, the fake law firms in Tenerife, it is the evidence provided by Inside Timeshare that resulted in CLA issuing the decuncia to the authorities in February 2017.
This time he is taking it to a new level, in fact it has now become one that he has left himself completely proven a liar, yes I did say LIAR!
In his recent rantings he has attributed two quotes to myself, which he obviously has made up as they were never been written by me. We would love to know where he found it, obviously it must be his medication making him hallucinate!
“I was a ‘cold caller’ who made uninvited and intrusive calls to consumers for the purposes of getting them to engage with what I now know to be, criminal timeshare salesman”.
“Having served my time roping in clients who faced aggressive selling practices and unethical practices I was happy to move up the corporate ladder to become a Front-line timeshare salesman in what I know to be a criminal timeshare selling scam”.
Well for those of you who know my writing style, it is definitely not mine.
To be honest, it looks like a script for a new Netflix series, or is he changing career (yet again), this time as the speech writer and “FAKE NEWS” editor for a politician in an upcoming election?
Anyway, these pages must be doing a good job if it is upsetting him so much, our readers Mr Cox, (the name is apt), are still behind us because they know what we have published is the truth. Many of them have been helped to get out of their timeshares, to get their money back through section 75 and just to let you know, unlike you and your company Inside Timeshare has never charged any of them. In fact it has even refused donations from grateful readers!
More on this to come, but back to matters that actually are more important, our article from our latest US contributor.
St. Maarten, Board Elections and Resort Reconstruction
I, Greg Guisti, age 67, am a Connecticut resident and a board candidate for the Flamingo Beach Resort in St. Maarten. I retired in 2016 having worked for IBM 21 years, ending my career as an account executive. I had total responsibility for technical service which was provided by service areas all over the world. In addition, my responsibilities also included meeting budget, sales and customer satisfaction targets. My success stems from my drive for excellence, listening to client needs. Having been an IBM customer for years, I understood customer expectations.
Timeshare members and owners have an expectation of what a good timeshare should be. I want to share my knowledge and experience as a timeshare owner of five difference resorts, while bringing my professional background to the table. Given the damage done to the island, members are entitled to good communication and feedback as to how repair efforts are proceeding. St. Maarten will take some time to rebuild, so now more than ever timeshare members need a customer orientated member to serve as your pipeline for communication.
Diamond International will hold their Annual Meeting for the Flamingo Beach Resort owners on Thursday, April 19, 2018 at 12:00 p.m. Eastern Standard Time at Mystic Dunes Resort and Golf Club,7600 Mystic Dunes Lane, Celebration, Florida. At this time voting for a member on the Board of Directors will be held. If you cannot attend you can cast your ballot thru the online proxy voting website they provide. All proxies must be submitted by Thursday, April 12, 2018 at 5 p.m. Eastern Time.
I encourage Flamingo Beach Club Timeshare Owners to cast their vote. Obviously I would appreciate your consideration of my qualifications by casting your vote for me, but more importantly, let your voice be heard by voting, rather than leave your interest in the hands and discretion of an existing board.
There is only one opening. Other candidates include:
Incumbent Dorothy Albero
Dee Dee Metzcher Carr
Dr. Basil Vareldzis
The timeshare industry is evolving towards the points based product, but I am not alone in treasuring my deeded week at St. Maarten, a week that I know will not be an annual battle for availability. It is important for deeded week owners to have their voice heard as we protect the real estate investment we own. We can say we are owners, not just members.
As to the effects of hurricane damage, rebuilding is going to be a difficult process. It is tough getting workers and materials. I own at Simpson Bay Resort and Mullet Towers on the Dutch side of the island. Restoration is underway at both resorts but the hurricane damage was so bad at Simpson Bay Resort, they have to tear down a couple of their buildings and are not going to rebuild. All owners at those buildings were given the option to walk away or accept points.
I am currently in St. Maarten, wanting to show my support by coming to the island to support their economy. While here I spoke with Mervin LeBlanc, General Manager of the Flamingo and Royal Palm. The Flamingo has multiple buildings. Mr. LeBlanc said they are in the stages of gutting all units, a necessary step to prevent mold. Mr. LeBlanc said it’s going to take a couple years, but I see it happening. Members and owners are going to get their St. Maarten vacation back.
Diamond has waived maintenance fees at the Flamingo for 2018 but Mr. LeBlanc did not comment on Royal Palm maintenance fees. I am not certain if Royal Palm members will have to pay maintenance fees. There will be no bookings at either resort until 2020.
Diamond provided this update:
March 2018: The initial demolition phase is underway and moving along smoothly. Crews are removing debris and content from each unit, and wire fencing has been installed around the resort to secure the property as a construction site.