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letter-from-america

Friday’s Letter from America

It’s Friday, so time for another Letter from America with Irene Parker, but first a look today’s major news in Europe.

El Diario a prominent Spanish daily newspaper published the following article today (see link for full story).

The article reports on the current legal actions against Anfi and tells of the 1.35 million Euros they have had to repay to consumers, in the execution of around fifty judgements. It also goes on to say that there are over 395 live cases at court with a value of over 27 million Euros, with over 100 having had decisions in favour of the consumers. Some of these are firm decisions with the sentences yet to be executed, others are awaiting confirmation.

With even the Spanish press publishing articles such this, it does make the claim by Anfi that they have not lost or the Supreme Court has got it wrong rather flimsy!

In fact on Tuesday yet another sentence was announced by the Court of First Instance against Anfi, again the clients contract was declared null and void with the judge ordering Anfi to return over £20,000 plus legal interest

(if using google. Right click on the article for a translation to English)

http://www.eldiario.es/canariasahora/tribunales/Grupo_Anfi-condenas-negocio-timesharing_0_739477033.html

The same article has also been published in Canarias7, one of the major Canary Islands Newspapers.

https://www.canarias7.es/economia/turismo/anfi-paga-ya-1-35-millones-por-condenas-YK3590405

Now for this weeks Letter from America.

 

The 3 Rs or F of Timeshare Revisited (first published in three parts)

Timeshare Resolution, Relinquishment, Refund, Foreclosure

Magnify

By Irene Parker

February 16, 2018

There are many who use and enjoy their timeshare, but rising maintenance fees, high interest rate loans and higher interest rate developer issued credit cards can spell financial disaster, especially when an individual or family is hit with an unexpected life crisis. Not one of the more than 300 Inside Timeshare readers who have contacted us realized the perpetual nature of the timeshare contract (in the US), or that their timeshare had little or no secondary market. It is not uncommon for a family to have spent $100,000 or more on a timeshare.

There is rarely a need to pay anyone, or any firm, money to get you out of your timeshare. Special circumstances, like being in the middle of buying a house, may result in a referral to one of the law firms we know and trust, if the timeshare company refuses to help the individual or family.   

Our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because we don’t win them all. No one does, not even lawyers. “We can guarantee you release!” boasts the exit timeshare ad. We have had reports of people paying scammers large sums of money for a guaranteed release, only to learn the guarantee came about because of foreclosure or non-payment.

Our complaint form: http://insidetimeshare.com/file-timeshare-complaint-revised/

The goal:  Convert from angry, desperate, overwhelmed and confused into empowered. Timeshare Advocacy Group™   has 44 core advocates and 10 technical support advocates to help you. All of our Advocates are unpaid.

The First R: Relinquishment

dont like

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees. It is difficult to determine how many surrenders requests are granted, compared to the number of surrenders requested.

There is nothing wrong with deeding back a timeshare if you have used and enjoyed the timeshare for several years. However, if you find out just days or weeks after purchase that you bought a timeshare not matching what you were promised, walking away from even $5,000 doesn’t seem right.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their 64 members. http://www.licensedtimeshareresalebrokers.org/

LTRBA members charge nothing up front, so they don’t waste your time or money by listing a timeshare that, in all likelihood, will never sell.

The Second R:

refund

A refund is not easy to come by, but in cases of serious and obvious fraud; a refund can be achieved.  Inside Timeshare has heard from so many members alleging fraud, we can sometimes guess the name of the repeat offender sales agent before we are told. The fact that some of the same agents are committing the same “fraud for profit” over a period of years is telling.

The complaint process begins with a petition to the resort. Anticipate a knee jerk “you signed a contract’ reaction. Next, begins the filing of regulatory and law enforcement agency complaints. This is where our advocates are ready to assist because just figuring out online forms can be daunting. Check our complaint form for the list of appropriate agencies to contact.

Eron Grant has become our resident ARDA Code of Ethics analyst. In all likelihood, timeshare members are not even aware they are collectively giving $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opts-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member.

Despite our advocates and members forwarding a volume of complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response. Inside Timeshare has learned two of the worst alleged offenders each give $1 million a year to ARDA ROC, surely a disincentive to enforcement.   

Here’s Eron’s article: Why Does ARDA Have a Code of Ethics?

red dress

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.  http://www.arda.org/ethics/

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

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including 19 Attorneys General like Minnesota AG Lori Swanson, as reported by Chris Parker.  

“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….”

“Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—when not outright rigging the system—and details of misconduct are kept private,” writes Chris Parker, a reporter for City Pages

http://www.citypages.com/news/the-plot-to-kill-consumer-protection/451334393

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.

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

Timeshare developers know the industry is virtually unregulated and that they are protected by the oral representation clause. However, as we have stated in several previous articles, according to the FBI and attorneys we spoke with, it is not legal for a company to hide behind the fine print, providing sales agents the means to say anything they can come up with to sell points.      

The most common deceit and bait and switch complaints

  • The agent said I could sell my points.
  • The agent said my points were an investment, so easily sold, at a profit.
  • I can turn in points to pay maintenance fees but no such program exists
  • The value of airline and other travel awards is zilch. A common complaint is being told you can use a credit card to offset or pay maintenance fees in their entirety, when a member would have to charge $200,000 to pay an annual $2,000 maintenance fee.
  • The interest rate is 18%. They said I could get better financing but I can’t.

The Third R

resolved

It doesn’t happen very often, but there is the possibility the member just doesn’t know how to use the booking system. Blanket statements like “You can always book online cheaper than using timeshare points” are not accurate. My husband and I are Diamond owners. We have often booked two weeks in Sedona or Orlando for less than it would cost booking online using our points.

One amusing complaint was a buyer whose complaint was that they bought a trial program, but they were promised a lifetime membership. I explained, in the case of the timeshare company they bought into, the last thing they wanted was a lifetime membership. I encouraged them to become a Secret Shopper since they were not locked into perpetual maintenance fees.

 foreclosure  Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. Timeshare Advocacy Group has a foreclosure support group, with members offering each other tips on how to withstand the grueling up to 180 days or more of collection calls. Calls are relentless and members have reported many violations of debt collection consumer protection laws.  

We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed on Better Business Bureau reports, Attorneys General Settlements, and Assurances of Discontinuance and lawsuits. There will be a hit to your credit score of course, but if you feel you are a victim of fraudulent timeshare sales practices, provide the rating agencies or your lenders with the reason why you refused to pay off a timeshare loan or credit card. Lenders are human. Many will take this into consideration.

I asked timeshare attorney Mike Finn of the Finn Law Group some questions about the foreclosure process for an article we published previously. Mike’s answers are worth repeating. Some common questions:

Will the timeshare company try to ruin my credit for non- payment of maintenance fees loans or both?

Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can or will members be taken to court for non-payment of maintenance fees loans or both?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Do they place the lien just on the timeshare? In other words, does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never.

Is it advisable to just stop paying fees without the aid of an attorney?

Mike: It really does depend on your ability to endure collection calls, letters threats, and a foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about 5 years. Rarely will they sue for deficiency balance.

http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

http://www.finnlawgroup.com/english/learning-center/page-12

Remember, “I can’t afford it,” is not a valid reason to cancel a loan for a timeshare any more than it is a reason to be able to cancel your home mortgage loan. You can’t go to your home mortgage lender and ask them to cancel your home mortgage because, “I can’t afford it.”

Our Advocates, bringing experience and expertise from all walks of life, are here to evaluate and work together to help you put your timeshare in the rear view mirror, if that is your goal.

Our mission

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

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

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

https://tug2.com/Home.aspx

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

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

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

Let’s keep working together to improve the industry.

fix prob

That’s it for another week, remember if you require any information about any article published or any company that contacts you, Contact Inside Timeshare and we will get the information for you.

Have a great weekend and join us again next week.

weekend cat

letter-from-america

Friday’s Letter from America

Welcome to this weeks Letter from America, the last one for January, hard to believe that the first month of the year is almost over.

We started the week with a report about disgruntled members being unable to book weeks they want, even 10 months in advance, despite just having paid the maintenance / management fees for 2018!

In this case the culprit is Anfi, but we have also heard from other “points and floating week” members that they also have trouble booking, Diamond owners from both side of the Great Lake are having the same problem. Well we all know what the reason is, more members than weeks available.

Sticking with Diamond for a moment, they are in the process of sending a letter out to their members, (just like Anfi has) regarding making claims against them for illegal contracts. In their letter however they point to a website to get information on companies that their members have had contact with. This is timeshare business check, an arm of Kiwkchex alon with Timeshare Taskforce and financed by the RDO and the industry in place of mindtimeshare and the enforcement program.

This company is directed by Chris Emmins, who is what can only be described as a serial failed director. (See the link below). This company purports to be a leading investigation and verification service which provides “accurate” information about online businesses. They contact businesses and ask questions, these businesses have no legal obligation to respond, as Kwikchex and timeshare business check have no legal mandate to demand any answers.

Obviously if a business fails to respond an inference is then made on the website which is negative, especially if the business in not a member of the RDO! We leave it for you to decide how accurate they are.

http://insidetimeshare.com/kwikchex-chris-emmins/

This then brings us on to Thursday’s article, regarding “Trade Bodies”, although it started with a little bit of a “mickey take”, it was however a very serious article with information timeshare consumers need to know. Timeshare is built on deceit, just think of what you were told when on the presentation, being bamboozled for several hours with promises which in the end never materialised. So is it any wonder the industry is still trying to pull the wool over your eyes?

So now on with our Letter from America by Irene Parker.

January Report

32 Reader Timeshare Complaints Received in 2018

jan rep cover

By Irene Parker

Friday January 26, 2018

No one is disputing there are many who use and enjoy their timeshare. It’s true those that do are not the timeshare members that contact us. However, the number of timeshare complaints Inside Timeshare has received is alarming and the nature of most allegations criminal. Of the 32 complaints received as of January 25, six would be eligible to be a Nightmare on Timeshare Street article.

On a positive note, those working in law enforcement, especially those who have timeshare complaints, have been helpful. One member of the military was able to record their fraudulent sales presentation. This past Tuesday’s article described nine Timeshare Advocacy Group™ teams and those teams have been hard at work.

http://insidetimeshare.com/tuesday-slot-irene-7/

One of the teams is working on technological support, as I am technologically challenged, and the other is our timeshare exit scams team that has been in overdrive as they learned two out of five “let us get you out of your timeshare” entities reported this week exhibit criminal tendencies. Two others are suspect, but the team could find no concrete evidence of criminality.

progress

32 Reader Complaints received

  • Complaints #1, #3, #10, #12, #15, and #20 were against the same sales center. This makes 40 complaints received against the sales center,
  • Five are active duty military, retired or served in the military,
  • Four are disabled,
  • Three are in, or were, in  law enforcement,
  • #6 is the fourth member to direct a complaint against the same sales agent.
  • #1, #2, #3, #6, #10, and #11 meet the criteria for Nightmares on Timeshare Street.

Due to the increasing number of complaints, we request you schedule a call at either: 1, 2, 3, or 4 PM EST rather than just call between the hours of 1 to 4 EST if you have questions about our complaint form.

The Cliff Notes version of the complaint process.

  1. Write out your complaint and send to the timeshare company.
  2. If you are denied, write a rebuttal and file a complaint with the Better Business Bureau if you feel services provided were not as described, or have a complaint about sales and marketing practices. 
  3. File complaints with the Attorneys General of the state where you live, where you signed, and the headquarter state of the timeshare company.
  4. Although weakened, complaints can still be filed with the Consumer Financial Protection Bureau.
  5. If you feel you meet the definition of white-collar crime defined as “deceit concealment, violation of trust and bait and switch”, file with the FBI orally by calling your local field office through the FBI public access line, and with IC3.gov online. “They promised me a cruise but it cost $1000” is not enough of a crime to report to the FBI. Any of our Nightmares on Timeshare Street members would qualify. Scroll through those articles for examples.
  6. File a complaint with the state real estate division against the agent, if you complaint is directed against an individual agent.     

Thank you to our 46 core advocates (two more have been added since we published Tuesday) as we stick together and work together to be made whole again. Too many families contacting us are financially devastated, some taken advantage of because of their disability, as in the case of parents caring for a three year old diagnosed with cerebral palsy, on a feeding tube, a little guy that earned the privilege to be a case study at Stanford.

There is no federal enforcement, state enforcement is spotty, and so the hamster wheel of recycled inventory, as one former sales agent describes it, rolls on. Sometimes it does feel hopeless, but like #metoo, also silenced and isolated by non-disclosure agreements, we will fight around it and we will not stop. Thank you to the members of the armed forces and law enforcement who have my back.

US mil seals

Charles Thomas, also a veteran, over a beer with one of our readers, said Irene sounds angry. While the soon to reach 300 complaints I have heard doesn’t seem to bother customer service representatives, our advocates and I are astonished at the frequency and level of deceit. Repeat offenders continue to flourish. Pay the fine and move on. I haven’t been quite the same since I learned of a Marine who lost not only his security clearance, but his air unit command as the result of a timeshare foreclosure due to his allegations of fraud.

As always, contact Inside Timeshare or a member of a member sponsored US support group, if you have a question or concern about your timeshare.

mission

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

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

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

https://tug2.com/Home.aspx

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

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

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

 

Thank you Irene for that report, it is actually quite staggering that we are only at the start of the year and yet there have been that many complaints received. It certainly prove a point that the industry does need a major shake up.

 

If you have any questions or concerns regarding your timeshare or need information on any company that you may intend doing business with, Inside Timeshare is here to help.

Friday is here so have a good weekend.

friday dog

 

 

tues

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot with Irene, as you will see from her article this week there is certainly a lot going on across the Great Lake. For our US readers there is some very interesting information, it would seem that Inside Timeshare is certainly making an impact on timeshare consumers in the US.

On the European front, yesterday’s article regarding Anfi members complaints regarding availability, the article had a plethora of hits and likes on the associated Facebook page within the first hour. It also seems as though this topic hit home with our US readers as there were many from across the pond.

Yesterday we also had the first court ruling of the week, the Court of First Instance in Maspalomas found against Puerto Calma, declaring the contract null and void. The client in this case will be returned 16,000€ which is the purchase price, along with 3,600€ as double the deposit paid within the mandatory cooling off period. The court also awarded legal interest.

We will be keeping an eye on any latest rulings that come in and report them here, but now on with this weeks article by Irene Parker.

Timeshare Advocacy Group™

Proposed Committees and Support Groups

Volunt

January 23, 2018

By Irene Parker

Inside Timeshare is approaching 300 timeshare reader responses, responding to members asking for assistance with their timeshare concerns since we began counting late 2016. There is a need to scale up Timeshare Advocacy Group™ as we now have 44 core advocates dedicated to improving the timeshare sales process by working together as teams. We hope timeshare developers will acknowledge there are problems and work with us, to not only stop predatory backend “get you out of your timeshare” scams, but address the problem on the front end of the sale as well. Numerous calls to the FBI have been made, and they have encouraged timeshare members who feel they have been victimized by deceit, concealment, violation of trust and bait and switch, to contact their local FBI Field Office public access line to file orally, in addition to filing online at IC3.gov.

Diamond Resorts has taken the lead by launching a Diamond Resorts Consumer Advocacy department dedicated to helping timeshare members from day one if a member has any concerns about their membership or their purchase. They have also introduced CLARITY, a program designed to enhance accountability, transparency and respect for the customer.

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

Inside Timeshare has received complaints directed against four major timeshare companies. If timeshare developers and ARDA would take the time to read the following Better Business Bureau notations of “Government Action” and “Pattern of Complaints”, it is unreasonable to keep the blinders on by claiming there are no problems with the secondary market because sales centers are forever sales centers, and members should not expect value back for their timeshare because it is a “right to use” program. That would be fine were it not for the perpetual contract, often sold by false promises made by sales agents who know there is little chance of enforcement, as there is no federal enforcement, and state Attorneys General are limited in scope.

BBB warnings for Wyndham, Diamond Resorts, Bluegreen, and Vacation Village

Wyndham

Although the government action has been resolved from 2015, we included the warning to illustrate the tenure of the complaints.

Government Action

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

Wisconsin – May 27, 2015 Wyndham Vacation Ownership, Inc. entered into a Consent Judgment with the Wisconsin Department of Agriculture, Trade and Consumer Protection (Case No. 15CX5). The Consent Judgment to settle allegations that Wyndham engaged in the following acts or practices in the State of Wisconsin:

 

  1. Delivering a timeshare disclosure statement that fails to include all statements required by Wisconsin Statute Sec. in a format that can be immediately read and retained by the purchaser.
  2. Representing that incentives are only available to the prospective purchaser for the remainder of the day in which the incentive was offered.
  3. Misrepresenting the resale value of a timeshare.
  4. Representing a timeshare as a financial investment.
  5. Making representations which are inconsistent with the purchase contract.
  6. Misrepresenting the reasonable estimated length of a sales presentation.
  7. Failing to clearly disclose that time shares were being offered at the initial contact with a prospective purchaser.
  8. Sending mail or coupon promotions to Wisconsin consumers that fail to comply with the prize notice requirements.
  9. Failing to inform the individual of the prize that has been awarded him or her, and then giving the individual the prize or another selected item, before beginning a sales presentation.

Wyndham consented to the Stipulation and Consent Judgment to facilitate a settlement and avoid the additional expense, delay and uncertainty of litigation. Wyndham does not admit that it has violated any laws of the state of Wisconsin.

Pattern of Complaints

BBB files indicate that this business has a pattern of complaints concerning misrepresentation in selling practices. Consumer complaints report that the verbal representations are inconsistent with the written agreement. According to complaints, claims include representations that the purchase is an “investment” and the same as “real estate” in that it will increase in value. Owners report mandatory meetings that they are led to believe are to introduce new features and benefits but result in a sales presentation to purchase or upgrade their points. In some instances owners are encouraged to complete a survey or questionnaire which results in another sales presentation to purchase additional points.

This Business Is Not BBB Accredited

Trish Williams, a former Wyndham sales agent was awarded $20 million by a jury alleging predatory practices.

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

Bluegreen has this posted on their Better Business Bureau Report

Our file contains a pattern of complaints from consumers alleging difficulties canceling vacation packages booked through Bluegreen Corporation. Consumers claim, although Bluegreen Corporation has a cancel within 30 days policy, their requests for refunds for canceled trips are denied. Other consumers feel they are victims of deceptive sales practices. Consumers claim resorts are never available when they contact Bluegreen Corporation. While yet other consumers claim the “free” vacation Bluegreen Corporation offers is not free and involve fees they were not made aware of.

Diamond Resorts:

On December 23, 2016, the Arizona Attorney General announced that the State of Arizona entered into a settlement agreement with Diamond Resorts. The Assurance of Discontinuance requires the company to pay the State of Arizona a total of $800,000, of which $650,000 is for consumer restitution and $150,000 for attorneys’ fees and costs. The assurance also includes a Relinquishment Remedy Program, which requires the company to allow qualifying consumers to return their timeshares with no further obligations.

Many of the hundreds of complaints received by the State of Arizona claim the company used deceptive sales practices and made numerous oral misrepresentations during their presentations. Some of the misrepresentations regard:

  • Annual increases in maintenance fees;
  • Membership resale and buy-back programs;
  • Timeshare membership resale market;
  • Ability to rent timeshare vacations; and
  • Discounts on other travel needs.

The Attorney General’s Office alleged that the company employees’ actions and statements violated the Arizona Consumer Fraud Act.

Vacation Village has a Better Business Bureau rating of F

BBB files contain a pattern of complaints from consumers regarding sales practices issues. Specifically, several complainants have alleged that information provided during sales presentations does not match the terms and conditions in the written contracts that they are asked to enter if they agree to make a purchase following a timeshare presentation.

On March 23, 2017 BBB sent correspondence to Village Resorts requesting their voluntary cooperation in providing steps it will implement to eliminate the pattern of customer complaints.

As of May 12, 2017 BBB has not received a response from Village Resorts BBB will continue to monitor the complaints for Village Resorts and update the review as needed

So where do we go from here?

TIMESHARE TIPPING POINT proposed plan

January 21, 2018

#timesharemetoo

Time to Take Back our Vacations

Vacation

We are grateful to our Inside Timeshare readers and timeshare members who have reported their allegations of predatory and criminal timeshare sales and marketing. Due to the volume of timeshare complaints received, there is a need for Timeshare Advocacy Groups™ to restructure, as we are experiencing normal and expected growing pains.  

Three important goals proposed by Timeshare Advocacy Group™ advocates:

  1. Reach out to sympathetic lawmakers, Attorneys General and regulators,
  2. Change timeshare developer practices to allow those alleging they were defrauded to be made whole again, by not hiding behind the fine print, but to listen and learn. The enemy is not your customer. The enemy is your predatory sales agent.
  3. Reach out to military Facebook pages and websites to warn members of the military and law enforcement, due to the alarming number of complaints from law enforcement officers and all branches of the armed forces, alleging they were white-collar crime victims.  One Marine lost his air unit command and three are worried about losing their security clearance.

Anthony and Ashley Davis recorded their predatory sales presentation, which has been provided to law enforcement and regulatory authorities. This is our January 13, 2018 interview with Anthony and Ashley.

https://www.youtube.com/watch?v=phUjnrIG3bI    

Timeshare Advocacy Group needs sub committees or teams that work independently, coordinating with a central committee. Listed below are nine proposed teams and team leaders, based on their expertise and past willingness to serve.

Please let us know if you are willing to be become involved. Those alleging they have been victimized include doctors, lawyers, professors, law enforcement, the military, even a member who worked as a contract specialist for Consolidated Edison, and many others.    

Proposed Teams

44 Core Advocates

Our Core Advocates are members or former members of Wyndham, Hyatt, Bluegreen, Diamond, Vacation Village  

Reporting: Irene (4 members)

Media/Social Media: Gay Hart-Brewer (22)

State Real Estate Divisions: (anonymous) (5)

Legislative Efforts: Anonymous (8)

Secret Shopper: (anonymous) (5)

Military outreach and awareness: Jeff Diehl (20)

Timeshare Exit Scams: Karen Krokosh (7)

Foreclosure Support Group: Anonymous (3)

California Team: Ken Sylvia (7)

Member supported U. S. Timeshare Advocacy Facebooks

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

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

https://tug2.com/Home.aspx

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

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

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

Advocacy team

Contact Inside Timeshare or a member of a member supported, not industry influenced, Facebook or website.

Thank you Irene and all those who helped in this article, especially the legals who ensure that they are legally accurate.

If you require any further information on this or any article published, Inside Timeshare will be pleased to help.

 

tues

The Tuesday Slot with Irene

Welcome to the first article of the New Year, as the holidays are just coming to a close there is not a lot of news to bring. This will no doubt change over the next few weeks, when we begin to receive emails and questions on the myriad of companies that will be starting their New Year campaigns.

As usual we warn all our readers to be careful before engaging with any company that contacts you, especially with news that your timeshare resort is being taken to court (with the director pleading guilty) and you can also be part of this for a small fee.

Some basic points on the subject of claims, unless you purchased your timeshare in Spain after January 1999, you will not have a claim in the Spanish courts. If you have been offered a no win no fee claim, beware that it does not entail a large fee to relinquish your timeshare or even the purchase of another product, such as “Lifestyle Credits”. These no win no fee claims are usually the enticer, the promise of large sums to be returned, then it turns out it is a frivolous claim under Section 75 of the Credit consumer Act 1974.

Over the next few weeks we should be receiving the news from the Crown Court in Birmingham on the sentences for Dominic O’Reilly and Stephanie O’Reilly of EZE Group. If you remember they pleaded guilty to charges of Aggressive Sales Practices and Coercion, contrary to The Consumer Protection from Unfair Trading Regulations 2008.

Another group of companies are also subject to investigation from Trading Standards and could also be facing criminal charges, these are the companies of Mark Rowe, which include ABC Lawyers. At the beginning of December it was announced that several enterprises had been raided, with employees being questioned and documents seized for further investigation.

We will be keeping an eye out for any news on these and will bring you the news as it comes in.

Now for the first article from Irene Parker for 2018.

Timeshare Advocacy Group™

Plans for the New Year

By Irene Parker

January 2, 2017

  • Boost our media outreach group
  • Boost our legislative outreach
  • Boost our active duty and retired military outreach group

Inside Timeshare published many Nightmares on Timeshare Street articles in 2017. All were written or submitted by highly educated professional people. In 2018, will timeshare developers continue to hide behind the oral representation clause, or will they instead consider their customers might be telling the truth?

Timeshare Advocacy Group™ ended 2017 with a total of 260 timeshare complaints of which 245 alleged they were sold by deceit and bait and switch. The other 15 could not afford the timeshare. Members contacted us through Inside Timeshare or one of the U.S. self-help, member supported Facebooks posted at the end of this article. Many complain they had responded to unsolicited marketing calls asking if they wanted out of their timeshare only to learn the money they paid was lost.

Timeshare developers are beginning to listen. Wyndham now offers a surrender program called Ovation and Diamond Resorts announced just last week a surrender program called Transitions. Inside Timeshare has already received several questions from readers about Diamond’s Transitions program. We will be reporting on our readers’ transitions experience in 2018.

Legacy resorts are those that are sold out, free standing, deeded weeks. Liberté Management Group of the Pinellas Islands, Inc. announced TARS, a “limited deed, limited fun” exit plan will be operated as a subsidiary of Liberté and will be jointly headquartered in Treasure Island, Florida. We will continue to follow TARS in 2018.

TIMESHARE ADVISORY AND RESOLUTION SERVICES LLC EXPANDS SERVICES FOR LEGACY RESORTS AND OWNERS

Unfortunately, the majority of our readers are saddled with high interest rate loans, thus not eligible for a voluntary surrender program. It’s important to remember transferring to a lower interest rate loan through a third party lender is not advised, according to timeshare attorney Mike Finn of the Finn Law Group. When transferring to a third party lender, the money in questions is no longer between you and the timeshare company. According to Mike,

Another tremendous and informative article! I think the one major, major admonition I have for anyone, client or not, who has purchased a timeshare with developer financing and may want to reconsider the merits of the purchase (and, of course, assuming the rescission period has passed), do not, I repeat, do not under any circumstances, attempt to re-finance the purchase via a home equity line or a transfer to a lower interest credit card, or, for that matter any other methodology that has as its objective, re-paying the developer with other third party money.

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

Also, anyone buying a timeshare should look to see if their contract contains an arbitration clause. We advise timeshare members exercise their right to opt out of arbitration within the allotted time available to opt out.

To start 2018 off on a positive note, this is an article Inside Timeshare published back in July about a company we firmly endorse, ruled by a bunch of little critters.

http://insidetimeshare.com/lesson-timeshare-companies/

What does Disney Vacation Club do other developers don’t that almost eliminates complaints? The reasons are detailed in the article, but in my opinion, it is mainly because Mickey allows and supports a secondary market.

Think about it. What if the primary residential housing market decided you could not sell your personal residence. Inside Timeshare has received complaints involving amounts up to, and on occasion exceeding, $500,000. This is easily the cost of a home. Timeshare companies tell us to think of our vacation points as a second home and they always greet us when we arrive, “Welcome Home!” Not being allowed to sell your home would devastate the housing market, and in our opinion, is destroying timeshare today. Out of 260 reader responses, not one knew when they purchased their timeshare, the limited or sometimes lack of a secondary market.

We have forged remarkable relationships with many of our readers, some who have moved on, having signed a non-disclosure agreement agreeing not to say anything negative about their resort, or were subjected to an arbitration ruling that was private and binding. In this way Inside Timeshare provides a voice for the voiceless when victims of white collar crime, financial institution fraud, are effectively silenced and isolated.

It’s easy to get discouraged, but Inside Timeshare and advocacy groups have made remarkable progress. So we soldier on into the New Year.

Contact Inside Timeshare or one of these U.S. member supported self-help groups if you have a timeshare concern. We’re here to listen and act, going a step beyond helpful posts.   

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

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

https://tug2.com/Home.aspx

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

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

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

If you have any questions or comments on any article published, contact Inside Timeshare, if we don’t know the answer we will find out for you. If you require any information about any company that you may be thinking of doing business with, but need to find out about them first, get in touch and we will point you in the right direction.

 

letter-from-america

Friday’s Letter from America: End of Year Review

Welcome to Friday’s Letter from America, the last one for 2017, this week Irene looks at the past year from across “The Great Lake”, while we look at the past year in Europe.

Our first article of 2017 was about the family of fake lawyers from Tenerife, Litigious Abogados, it highlighted a new firm called Abogacia Española, which happens to be the name of the official website to check the validity of lawyers registrations. This was a very good move on the part of this well planned out fraud, as it did give an air of legitimacy when you did a web search.

Since then, we have seen many incarnations of this fake law firm, although the names have changed, one thing hasn’t, that is the nature of the fraud. They are still duping consumers into believing that they have a case at court, then to be part of it you need to pay the Procurator fees. That is only the start, it get even more sophisticated. Search Litigious Abogados for the full story.

Another firm that was the subject of our attentions was Keys Concierge, another credits based lifestyle company. It turned out that the director was one Franz Marcus Deutsch, an old associate of Mark Cushway of Silverpoint. In fact this new company was the latest product which would be peddled by Silverpoint, soon to change their name to Signallia Marketing Distribution SA.

While we are on the subject of Silverpoint, It was announced in April that Silverpoint were withdrawing their membership to the RDO, (Resorts Development Organisation) and would no longer be selling timeshare. Hence the product Keys Concierge, which does not appear to fall into the realms of timeshare laws.

This was a great blow to the RDO, as Mark Cushway was not only a director, but Silverpoint was also a major contributor. Funds this organisation could ill afford to lose. It has since come to our attention that the RDO is to form a partnership with ARDA (American Resorts Development Association). This particular organisation is well endowed with contributions and is very strong in the world of lobbying for its members. So it begs the question is the RDO going to be taking on board the tactics of ARDA?

tribunal supremo

Staying on the subject of Silverpoint, January was a momentous time on the legal front, with the Supreme Court making their first ruling against this company. This was the case of Mrs Shirley Wilson and her long battle against the selling tactics of Silverpoint.

Within a week the highest court in Spain ruled three times against Silverpoint, opening the doors for many more cases against them. Since then the rulings have been coming in thick and fast, leaving no doubt that what they had been selling was illegal.

February brought the news that Alberto Garcia had “stepped down” from Mindtimeshare and that the RDO would not be renewing the contract with that “Consumer Association”. Alberto Garcia for many years had been running the RDO’s “Enforcement Programme”, attacking any company which threatened the timeshare industry. This has now been given to Kwikchex and the “Timeshare Taskforce”, run by Chris Emmins.

Throughout the year, Inside Timeshare has been following the AnfiTauro Beach Project”, this has been a story that has now seen the former head of the Coastal Authority being charged with falsifying official documents and wrong doing in public office. No doubt we will see his trial sometime in the new year.

This project was to build a man made beach at Tauro, with the building of hotels and a shopping center. This was given to Anfi to run for 50 years, the Government of Gran Canaria is now seeking in the courts to remove these concessions in the light of the evidence of malpractice. This story is not over yet.

Anfi have been on the receiving end of many Supreme Court rulings since March 2015, they however have continued to deny any wrongdoing and inform their members that they have not lost any cases. In fact they have embarked on a campaign to attack Canarian Legal Alliance, trying to sow seeds of doubt among their clients. Below is a link to a video showing the National Spanish TV news on TVE 1, in this clip, one of the CLA lawyers explains the Supreme Court rulings. For the National Television to broadcast this item shows that CLA is doing what they say and that Anfi is trying to divert attention from this.

Another story we have been following is that of Los Claveles in Tenerife and the battle for control of the resort. Again this is an ongoing story which at present seems to be dragging on. It revolves around the selling of Wimpen to ONA Grup, who were the managing company of this resort. Their contract has been ended but they still seem to be trying to run the resort against the wishes of the Owners Committee.

There has been a lot of argument on this issue, with some very nasty consequences, it is clear that this issue is not going to be resolved in the near future. It may also end up being a rather costly one with only the lawyers benefiting.

In July we published a rather different article on the timeshare world, this was a positive one, featuring a company that we have not been able to find any adverse comments or complaints. It is off course Disney.

This is a shining example of how the timeshare industry should operate, fair, truthful and with the consumer in mind. There again, it is what we expect from an organisation which prides itself on putting people first.

This same month also saw a very big shake up in timeshare, TATOC, (The Association of Timeshare Owners Committees). This was run by one Harry Taylor, who was very much a mouthpiece for the industry rather than those who his organisation purported to represent.

image1 (1)
Howard C. Nusbaum, ARDA President and Chief Executive Officer Handing the cheque to Harry Taylor for $30,000 Published May 2017

After a long reign TATOC finally went into liquidation, with Harry Taylor and TATOC being totally discredited. For years this organisation has duped not only timeshare owners but also organisations such as Citizens Advice Bureau. Any owner that went to CAB with a problem would be recommended TATOC as the place to go. Little did CAB know that this organisation was funded and basically run by the industry. All we can say is good riddance to a very bad and foul smelling egg!

There have been so many articles it is difficult to review them all, but Inside Timeshare has highlighted some of the most dodgy companies that have emerged over the course of the year. These articles have saved many readers considerable sums of money, we intend to continue with this.

But before we go on with Irene’s roundup of the year from the US, we finish with the news of yet three more sentences issued by the courts. On 27 December the Court of First Instance in Maspalomas declared yet another Anfi contract null and void with the client being awarded over 29,000€ plus legal interest.

On the same day the High Court in Tenerife announced another ruling against Silverpoint, with the contract being declared null and void and the client in this case being awarded over £9,000 plus legal interest.

There then followed on the 28 December another Supreme Court ruling from Madrid, this was number 82! Again the company was Silverpoint, with the contract being declared null and void and an award of over £23,000 plus legal fees and legal interest.

These cases were brought on behalf of clients of Canarian Legal Alliance, so this does show this law firm is doing what they say.

CLA Logo

Now for the year from a US perspective.

What Timeshare Members Can Look Forward to in 2018 and what

I wrote looking forward to 2017 on December 26, 2016

2018

Timeshare Advocacy Group™

By Irene Parker

December 29, 2017

Our Advocacy Group did not have a name one year ago, or a Facebook page. Our advocacy Facebook page was launched February 2017 and Timeshare Advocacy Group™ April 2017. As I write this, our advocacy Facebook page has 706 members. We encourage industry observers, as long as they are respectful.  

Back in February, I remember scrolling down my Facebook feed, a pianist, waiting with nervous flute, oboe, trumpet, and bassoon middle school students for our competitions to begin, when I suddenly saw a post called “Diamond Resorts Owners Advocacy” launched by an economics professor. This Facebook page was launched in response to a draft article I had written and distributed, requested by a few former timeshare sales agents who felt the practice of “pitching heat” to sell vacation points needed to be addressed and brought to the attention of the general public. Based on reader responses, only Disney Vacation Club seems to disavow this sordid selling technique.  

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

Our professor also prepared this mission statement for our DRI advocacy group, but as our Inside Timeshare readers started to reach out to us asking for help with timeshare issues concerning other timeshare companies, I borrowed our DRI mission statement and generalized it to apply to all timeshare companies.

We seek to provide timeshare members and owners 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.

April 2017, a former Diamond sales agent contacted me, urging me to write a press release as she was worried Diamond members were not aware of the Arizona Attorney General’s $800,000 DRI settlement and the Assurance of Discontinuance announced December 23, 2016. There was a May deadline to file a complaint.

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

This former timeshare sales agent said we needed a Facebook page so that readers had somewhere to respond. I didn’t even know how to use Facebook until I got mad at timeshare July 2015, but I struggled through the establishment of a Timeshare Advocacy Group™ page, delighted to find a butterfly with a “Knowledge Speaks, but Wisdom Listens” quote by Jimi Hendrix. My first concert I attended in high school was Jimi Hendrix, second row, in front of the mic.

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

I expected my new creation to last for a month or two, until the press release ran its course, but it continues to receive views. We consider this Timeshare Advocacy Group™ Facebook a clearinghouse of articles written about all timeshare companies and are grateful to all our volunteer admins for both Facebook pages.

Now a look back to what I wrote December 26, 2016 with updates

Timeshare Lawsuits 2017

By Irene Parker, December 26, 2016

2017

Our Inside Timeshare mission is to offer timeshare owners accurate reporting on both the good and bad aspects of timeshare today. While we admit we bear more to the negative side of timeshare reporting, this thirteen page report from the US Department of Justice listing timeshare scams explains why:

https://search.justice.gov/search?query=timeshare+fraud&op=Search&affiliate=justice

The other reason is because the industry is not well regulated. Timeshare owners do not have the level of organization or funds necessary to compete with timeshare developer lobbyists. Lobbyists used to primarily direct their efforts towards influencing lawmakers, but more and more efforts are now being directed towards influencing US Attorneys General:

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

Looking to 2017, we need to look back and reflect on timeshare’s unresolved and continuing legal battles. Timeshare developers, former timeshare sales agents and  solicitors, timeshare owners, federal and state regulators and advocates continue to weigh in on possible changes that will make timesharing more owner friendly and less predatory.

Will the final piece of this legal and regulatory puzzle result in a less aggressive and deceptive industry – or will practices continue unabated and unchecked resulting in more of the same?

conference

 Westgate Update 12/29/17: After the presidential election the CFPB dropped the Westgate investigation. President Trump is close friends with the Siegels, Westgate owner David Siegel was seen campaigning next to the candidate in 2016. That’s Mr. Siegel to the left of Trump. Charles Thomas reported on the timeshare the Trump family is launching in Scotland, reported as a golf course in the US during the campaign.  

trump

Here is King David’s house

https://www.bizjournals.com/orlando/news/2017/03/09/the-queen-of-versailles-jackie-siegel-i-may-want-a.html

But back in 2016

“Westgate is facing lawsuits in several jurisdictions and a Consumer Financial Protection Bureau Investigation. Allegations include fraudulent and deceptive business practices ranging from high pressure sales tactics, failure to honor timely rescission requests, elder abuse, illegal debt collection practices and impermissible telephone solicitations.” The Capitol Forum June 27, 2016

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.pbyQ8MPbx#.pmA2BeVyM

Colorado Attorney General

Colorado Attorney General Cynthia H. Coffman is investigating Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices.

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

Wyndham $20 Million

Former Wyndham sales agent Trish Williams was awarded $20 million for exposing deceptive sales practices. While the amount will probably be reduced on appeal, it sends a message that courts and juries are listening.   

http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=0

Hyatt

Candace Czarny and two other former Hyatt timeshare agents would like to see the industry improved. They are in year five of a class action alleging deceptive practice.  

http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/

The Manhattan Club Update: Remarkably, New York AG Eric Schneiderman managed to ban the owners of The Manhattan Club from working in the timeshare industry and achieved a $6.5 million settlement. Rarely is wrongdoing admitted. However, attorney Douglas Wasser, representing TMC owners, said “Hundreds of members will be helped, but there are over 14,000 members.” Even a settlement this size will do little to curtail predatory marketing and sales practices. The investigation took years.  

Back in 2016  

Attorney Douglas Wasser represents 30 Manhattan Club defendants.

“To my knowledge there has been no dismissal of any Manhattan Club proceeding at this point.  The NY Attorney General investigation is proceeding, and the motion to dismiss a currently pending class action suit has been adjourned to January 5, 2017 for now. Three prior class action suits at the Manhattan Club have been dismissed.  But, at least for the time being, the current class action still survives,” Mr. Wasser reported November 15. 2016

http://www.reuters.com/article/manhattan-club-ruling-idUSL1N18U0DL

 Marriott Vacation Club Racketeering Update: Most disturbing of all, political and legislative maneuvering in Florida resulted in a change in the definition of timeshare, seemingly in an attempt to circumvent the merit of the case, according to attorneys involved with the case. That was not the end of it. We will hear more about this case in 2018.  

“The Marriott racketeering lawsuit seeks to abolish Marriott’s points program, which attorney said is unique among timeshare companies. It also seeks the return of fees and costs paid by buyers.” Paul Brinkmann reported October 13, 2016 for the The Orlando Sentinel.  

http://www.orlandosentinel.com/business/brinkmann-on-business/os-marriott-timeshare-racketeering-20161013-story.html

Diamond Resorts Update: A judge ruled in favor of arbitration in the billion dollar lawsuit filed against the company, and Congress reversed the CFPB ruling that would allow class actions. Diamond Resorts is one of the only timeshare companies to have a class action ban in their contract, forcing arbitration. Arbitration is binding and private. Lawsuits filed are public record.  

A recent class action was filed against Diamond Resorts:

https://topclassactions.com/lawsuit-settlements/lawsuit-news/348667-diamond-resorts-class-action-high-pressure-timeshare-sales-deceptive/

Matt Daniel Finazzo, et al. v. Diamond Resorts International Club Inc., Case No. 5:16-cv-02256, in the U.S. District Court for the Central District of California.

holI don’t mean to be the Grinchess that stole Christmas, so to end on a positive note,

People are listening!

Charles Thomas and I are hearing from people all over the world who are joining forces to work towards:

⦁ A legitimate secondary market

⦁ Less aggressive and deceptive selling

⦁ Less predatory lending

Thank you from timeshare owners to our regulators and lawyers working to protect us. Since last year we have found a few more self-help groups we are confident are on the side of the timeshare member and are not industry influenced.

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

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

https://tug2.com/Home.aspx

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

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

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

So that is 2017 in a nutshell, if this coming year is anything like the last we will be seeing many more stories like these.

Inside Timeshare thanks all those who have contributed to the articles and also to all the readers and those who have contacted Inside Timeshare for help and advice. If you require any information on any company that has contacted you or you may be thinking of using but need to know about them, contact Inside Timeshare and we will point you in the right direction.

We wish you a prosperous New Year, enjoy your celebrations and we will be with you in 2018.

 

money

Money Vs Morals

A Fraudulent Timeshare Sale can pose a National Security Threat

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

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

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

NNSA

December 27, 2017

By Irene Parker

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

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

Marine

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

Jeff Diehl

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

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

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

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

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

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

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

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

USN

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

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

Amanda and George Jones

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

Here is the “price freeze” script

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

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

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

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

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

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

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

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

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

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

George and Amanda Jones “step in”

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

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

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

USArmy

Samuel Melendez, Army veteran

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

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

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

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

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

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

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

Canada is also represented in our military victim report  

Canada

Roxanne and Terry Hurley

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

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

homeland

Law Enforcement is also at risk

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

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

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

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

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

monay v morals

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

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

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

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

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

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

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

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

https://tug2.com/Home.aspx

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

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

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

help

          

 

christmas

Christmas Greetings

This past week has seen more rulings from the Supreme Court in Madrid, with Canarian Legal Alliance racking up ruling Number 80.

Again this was against Silverpoint, with the British client set to receive over £33,000 plus legal fees and legal interest. Their contract has also been declared null and void, making them timeshare and maintenance free. A lovely Christmas present for these clients.

Anfi have also been subject to another judgement against them at the Court of First Instance in Maspalomas, with this client being awarded over 20,000€ plus legal interest. With yet another Anfi contract being declared null and void.

With all these cases being announced it is no wonder the industry is stepping up their attacks on this very successful law firm. But as they say the proof is out there, the courts are ruling in the favour of their clients. No matter what the industry says, CLA does deliver what they promise.

Now a quick word from Irene Parker.

world heart

December 22, 2017

I wish to thank all our readers and supporters as we journey down the path towards resolution of conflict, be it with our timeshare, or with our world. Today I meet with Australian Contributor Justin Morgan in Orlando. The relationships that have blossomed out of our advocacy and grown are precious to me. The few I have had the opportunity to meet face to face solidifies and takes the relationship to an new level. I look forward to more of those experiences in the New Year.

There are no words to express the love and support I’ve felt from my band of brothers and sisters seeking to reform timeshare for the better, and we know there are honest timeshare sales agents and even some executives who feel the same.

Some say Timeshare Advocacy Group™ is a disrupter. Here’s hoping 2018 will bring communication, resolution and relief to those who have laughed and cried with me over life’s ups and down. I also want to wish the best to those who may not like us very much, but know in their heart we only wish for better accountability, transparency and respect.

So there is it, Christmas is now upon us, Inside Timeshare wishes all our readers a very Happy Christmas. Enjoy your Christmas Dinner, I know we will!

christmas dinner

  

 

nightmare

More Nightmares on Timeshare Street

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

Timeshare Wars

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

troops

By Irene Parker

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

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

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

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

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

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

troops2

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

The Tuesday Slot with Irene

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

Gay Brewer, 74 and Ed Brewer, 77

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

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

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

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

According to Gay Brewer,

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

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

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

Diamond Resorts Consumer Advocacy

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

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

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

Thank you for your consideration.

Gay Brewer

army

Samuel Melendez Response to DRI Advocate Ben from Irene Parker

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

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

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

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

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

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

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

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

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

Irene Parker

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

1 CL $75,000

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

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

2 Nancy Callahan, age 69 $142,000

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

3 KK, age 61 $117,000

We have a picture of Rick and pitch

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

4 RB, age 66 $75,000

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

5 JH, age 56 $132,000

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

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

6 AC, age 68 $55,000

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

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

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

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

7 JM, age 61 $90,000

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

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

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

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

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

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

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

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

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

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

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

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

Burns

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

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

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

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

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

 

letter from america

Friday’s Letter from America

It’s time for another Friday’s Letter from America, with the recent hurricanes in the Caribbean and Florida, many owners and members have been asking how the damage affects them. Mike Finn of Finn Law Group explains this, with an introduction by Inside Timeshares very own Irene Parker.

Michael-D-Finn2
Michael D Finn

But as usual we start with some news from Europe, it has been a little quiet on the court front this week, with only three announcements made public.

All three involve the Tenerife based company Silverpoint, the first was at the High Court where the judge declared a contract null & void. He also ordered the return of over £40,000 plus legal interest. As usual the contract was over 50 years, deposits paid within the cooling off period and the contract did not contain the correct information required by law.

The second case against Silverpoint was from the Supreme Court in Madrid, once again this court upheld its previous judgements. The client in this case receives over 104,000€ plus legal fees and legal interest. They are also timeshare free.

The third case was another Supreme Court judgement against Silverpoint, this officially confirms the number of rulings by this court at 66. Again the contract was declared null and void, with the client awarded over £89,000 plus legal fees and legal interest.

Many readers this week have been contacting Inside Timeshare about ABC Lawyers, Timeshare Lawyers, Timeshare Compensation and off course the “new” Mark Rowe product Jive Hippo. (Not a name that conjures up confidence). Not to forget he also owns the TCA (Timeshare Consumer Association) and TimeshareTalk.

The comments from these readers have not been what you might call promising. Remember these companies are all owned by one person, who himself is an ex timeshare sales manager (Silverpoint / Resort Properties), turned gamekeeper. As with any company you may contemplate any business with, it pays to check, check and check again before you commit.

Amador Galeca Abogados, have been at it again, this time Andrew Cooper was named as the director of Personal Travel Group. Again he is pleading guilty. Now remember, Personal Travel Group was the successor to Incentive Leisure Group, owned by the late Gary Lee, of Timelinx and Designer Way Vacation Club fame. His partner Kim Bambrough also ran the call center at the old ILG office in Fuengirola, so Andrew Cooper had nothing to do with it all.

On the subject of this “FAKE” law firm, last week we reported that one reader managed to get their money back which they paid via bank transfer. It turns out that their banks fraud department managed to get this back from Deutsche Bank, where it was paid into the account of the “Procurador” Graham Ingum Gorrin.

We have also been informed that Sutton Hall have placed the information supplied to our reader on their members website, at least now the word is getting out.

So on with this week’s article.

How do Natural Disasters Affect my Timeshare?

natural disaster

What if a Timeshare Resort Suffers Damage?

By Mike Finn of the Finn Law Group

https://www.finnlawgroup.com/learning-center/what-if-timeshare-resort-suffers-damage

October 20, 2017

Introduction by Irene Parker

Given the severity of recent hurricanes, fires and earthquakes, Timeshare Advocacy Group™ has been receiving questions from concerned timeshare owners and members.

Of note are the relevant differences that come into play for right to use point programs compared to fixed week timeshares. Fixed week timeshares are defined as real estate, so the fixed week owner has the same problem as the owner of a primary residence. If a primary residence is demolished you may not be able to occupy the premise. Alternative lodging must be arranged and rarely does insurance make the owner whole again.

Do right to use point programs offer more protection?

In some ways, I think yes. The advantage of a fixed week timeshare is that you know what you own. You can see, feel and touch the week purchased. In a disaster however, that same benefit can work against the owner.

I contacted a team member at one resort. The company has property on St. Martin. The company’s right to use point owners are being refunded points for forfeited stays, but the company’s fixed week owners must book in other locations through an exchange service, and are unable to book St. Martin until 2020. Still, fixed week owners are fortunate to have this option because the owner on the other side of the exchange would not be able to stay at the owner’s demolished resort. Overall, industry insiders I contacted feel point members may have a layer of protection over fixed week owners when a disaster affects a single resort.

Does this mean right to use programs are better or safer overall?

Finn

Depending on vacation goals and lifestyles, right to use points may be the right choice. The Federal Trade Commission offers good advice. Of the points presented, the most important pieces of advice are:

  • Research the track record of the seller, developer, and management company before you buy. You also can search online for complaints,
  • Is everything the salesperson promised written into the contract? If not, walk away from the sale. (A standard resort rebuttal is, “You should have asked for anything of importance to you to be added to the contract.),
  • Don’t act on impulse or under pressure. (This is easier said than done, but better to forfeit a few perks than be saddled with a vacation plan you don’t want, can’t use or afford, with no exit and rising maintenance fees.)

This next FTC point is the least helpful as, according to complaints received by Inside Timeshare, sales agents often offer to be your vacation advisor or counselor until death you part, but many members tell us the person they were told to contact never returned phone calls, emails or text messages.

  • Get the name and phone number of someone at the company who can answer your questions — before, during, and after the sales presentation, and after your purchase.

https://www.consumer.ftc.gov/articles/0073-timeshares-and-vacation-plans

Mike Finn of the Finn Law Group answers the question,

Finn-Law--Main-Logo

What if a Timeshare Resort Suffers Damage?

Many, many timeshare resorts are located in areas where terrible storms and other “acts of God” happen with some frequency, such as Florida or the Caribbean – both of which have suffered extensively this hurricane season.

As business owners and locals rebuild and recover in the face of a cataclysmic storm or other disastrous event, timeshare owners looking on from spots across the country have their own unique worry: Namely, how they will be affected if their “home” timeshare resort suffers major damage.

There is a lot to unpack here! In our experience, though, timeshare consumers who are worried about their resort are predominantly concerned with two things –

  • How their ability to make reservations will be affected, and
  • Whether they can expect to pay more in assessments and fees.

To the first point, it is quite likely that your ability to use a timeshare resort may be affected by damage. Facing a loss of property or a labor shortage (as employees stay home for their own safety), many resorts may well be forced to close or suspend service temporarily, affecting the plans of those who already had reservations or who were planning on making them.

The second major issue that concerns many consumers: Whether or not they’ll feel the effects of a storm or other natural disaster in their pocketbook. Assessments and fees for repair costs will vary from resort to resort, based on the unique circumstances at play.

Certainly, though, timeshare consumers would be wise to remember the words of the Orlando Sentinel’s Caitlin Dineen, who notes:

“In some cases, owners could be asked to pay fees to offset repair costs if some damages don’t meet insurance thresholds or there are large deductibles that need to be met first.”

Let’s expand upon that. Should a resort be damaged, the bulk of the costs of repairs should be covered by insurance; Property Owners Associations (POAs) also have reserve funds designated for special situations (both of these are paid for, at least in part, by owners’ annual maintenance fees).

With that said, it’s important to remember that insurance rarely covers everything, and that the POA reserve is often insufficient to take care of the difference. As a result, timeshare owners will often end up paying something more out of pocket in the event of resort damage, be it for debris removal, landscaping services, or other costs that arise in the wake of a weather event.

Resorts and owners will be affected on a case-by-case basis. Following the massive fires earlier this year in Tennessee, for instance, many interval owners were relieved to hear that they likely wouldn’t be on the hook for fees after several resorts in the area suffered damage. Other owners will tell you a different story, such as those who “found themselves on the hook for nearly $5,800 in special assessment maintenance fees” after their Hawaiian resort suffered “water intrusion.”

Note from Irene: Mr. Finn is referring to Diamond Resort’s The Point at Poipu Resort and the resulting class action lawsuit filed by owners.

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

An important thing to remember

Recuerde

 It’s important to consider that information on matters such as these will be included in the documents you receive at the time of closing. While it may be difficult to parse through the language, taking the time to research your contract and POS documents can only benefit you in the long run.

Have any more questions or concerns? Don’t hesitate to get in touch!

Led by Attorney Michael D. Finn with 45 years of experience, the Finn Law Group is a consumer protection firm specializing in timeshare law. Our lawyers understand vacation ownership as well as the many pitfalls of the secondary market of timeshare resales. If you feel you have been victimized by a timeshare company, contact our offices for a free consultation. Know your rights as a consumer and don’t hesitate to drop us a line with any questions or concerns.

Thank you to Mike Finn for this very interesting article, also a big welcome to Tammy Arkley, who is a book editor and court reporting editor, who will be helping Irene with edits of the US articles.

That is it for this week, remember one thing, always check any company that contacts you or you may be thinking of doing business with, spending time to do your homework with save you thousands in the long term. If you need any help in doing this “homework” contact Inside Timeshare and we will point you in the right direction.

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Tide-Is-Turning-300x251

The Tuesday Slot with Irene, Plus some news about Butlins.

In this Tuesday’s article by Irene Parker, she explains how timeshare members fight back, this is a rather timely piece as we have recently received some disturbing news. It would appear that not is all well at Butlins.

In previous articles we praised Butlins Blueskies timeshare as one that was sold correctly and seemed to have very few complaints from members. That had now changed, Butlins is ending Blueskies.

blueskies

According to some of the posts on the Blueskies, Butlins, members facebook page, members are not happy about losing their timeshares. They were told that if they did not accept the offer to terminate the club, then their maintenance fees would rise significantly.

According to some of the posts on the facebook page, Butlins have also been hiring out apartments to non members, which goes against what they were sold. One member posted the following:

“Blueskies was sold to most of us as an exclusive club, it was not to be hired out. Therefore Butlins Blueskies broke the contract with us as members when they started hiring apartments out without asking/informing us the members.”

It also looks like there are many complaints about the standards of the apartments and the service, that everything seems to have gone down hill. Repairs not being carried out, with comments on damaged floor tiles and windows.

But the vast majority of the comments surrounded the vote, which gone in Butlins favour and the club is to be wound up. It also appears that the vote was done on points, rather than just votes, the more points, the more votes. Which makes the vote in Butlins favour not surprising, as they will own the points not sold. We have seen this before at other timeshare resorts, where the vote has gone in favour of the developer or management company.

Many members are calling to band together and take legal action, as they feel they have been cheated. It is a sad day when a company like Butlins, which did have a relatively good reputation in the timeshare industry suddenly falls from grace. We wish the members all the best in their fight to right a wrong.

Follow the link to the Blueskies Facebook page:

https://www.facebook.com/search/top/?q=Blueskies%2C%20Butlins%2C%20members

Now on with Irene’s article.

Lions and Cats

How Timeshare Members Fight Back

Lion

By Irene Parker

October 17, 2017

A timeshare insider recently asked me, “Why is Timeshare Advocacy Group™ so successful?”  “How do you do it?”

Most timeshare members contacting Inside Timeshare and timeshare advocacy Facebook pages are confused, angry, and overwhelmed. Members face a battle pleading with a timeshare company, demanding a refund or loan be cancelled, knowing they may be forced into foreclosure if they are denied. If the member feels they were sold or up-sold by deceit, the conflict is magnified. The automatic denial from the resort leads to more anger and frustration as rebuttals ensue. We take pride in the number of members we have steered away from fraudulent transfer companies charging hefty amounts for so called guaranteed exits.

The predator turned prey

Something clicks inside a person when they have had enough, be it a victim of domestic abuse, child abuse, or predatory timeshare sales. Our goal is to turn the sound of the caller’s scared and desperate voice into a confident voice by providing the member with the resources needed to take action and advocate.

Three of Timeshare Advocacy Group’s leaders

3 trees

Irene “Irina” Allen is our Timeshare Advocacy Group™ administrator

http://insidetimeshare.com/monday-start-another-week/

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

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

Eron Grant is an educator who has volunteered to be our “go to” person analyzing ARDA’s Code of Ethics. After a member submits a report to us, Eron identifies how a timeshare developer has violated ARDA’s Code of Ethics. The report is forwarded to ARDA’s General Counsel and Lobbyist. So far there has been no response. We feel if an organization says they have a Code of Ethics, the Code should be enforced. Here is how Eron describes how ARDA’s Code of Ethics was violated in the case of her family. ARDA stands for American Resort Development Association. The code can be found in Eron’s article.

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

Advocacy groups have been encouraging timeshare members not to make a voluntary donation to ARDA ROC, feeling the $4 to $5 million a year raised is used to lobby against timeshare owners when an issue is at odds with developer interest. It’s doubtful most owners know what the letters ARDA ROC stand for.

“Owners donated $5.5 million this year, through voluntary contributions on their maintenance fees, to support ARDA-ROC, the independent Resort Owners’ Coalition that teams up with ARDA on consumer and legal issues that impact owners. The top two givers were owners at Diamond Resorts and Bluegreen Vacations, each of whom contributed $1 million for ARDA’s representation.” RedWeek April, 2017

According to Dr. Amy Gregory, University of Central Florida, who presented at an ARDA World Conference,

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

ARDA worked to pass legislation in Florida making it more difficult for timeshare members to be released from contracts due to non material errors. A high percentage of buyer’s remorse, coupled with a perpetual contract, little or no exit, and rising maintenance fees have left frustrated timeshare members no place to turn in an industry that is virtually unregulated. Lawmakers, influenced by lobby dollars, turn a deaf ear. Advocacy groups were outraged by the Florida bill.

https://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Karen Garello

Karen Garello is our Secret Shopper coordinator. Karen is one of several members who allege they did not know, until they returned home, a credit card had been used to purchase a timeshare product. Marsha Young also was unaware she had been charged for the same timeshare product, but Marsha received her money back, told the person who sold it to her had been fired. The resort said he had been the top selling agent of this particular product.

http://insidetimeshare.com/works-industries-not-timeshare/

Inside Timeshare and Timeshare Advocacy Group™ developed a step-by-step plan a member can follow if a resort offers no assistance. Through regulatory filings and media outreach members are helping other members while also contributing to timeshare reform. Other advocates, working behind the scenes, focus on legislative actions. Time, patience and diligence are necessary.

Many of the members reaching out to us have health issues. Out of 166 complaints received, diagnoses include cancer, dementia, concussion, kidney disease, Bell’s palsy, financial loss caused by loss of employment or divorce, and grief over the loss of a spouse or loved one. Developer attorneys say hardship is not a legal defense.

Many life events cannot be foreseen, so consumers thinking about buying a timeshare need to think about whether it is prudent to buy anything for $25,000 to over $500,000 that does not have a secondary market, is perpetual, and is accompanied by rising maintenance fees. Some timeshares have a limited secondary market. Members of the Licensed Timeshare Resale Broker Association can give you an idea of what your timeshare may be worth on the secondary market.

http://www.licensedtimeshareresalebrokers.org/

Inside Timeshare has received many complaints (157 out of 166) by timeshare members alleging they were deceived on the front end of the timeshare sale. We are learning there are many ways to dodge the rescission period.

Timeshare member Tammy Arkley only realized this happened to her because she was able to access the booking site because her friend was already a member at a higher loyalty level. Tammy said she was told she would need fewer points to book stays if she upgraded to the next loyalty level, but when she went back to her room and logged onto her friend’s account, already at that loyalty level, she saw the reservation took the same exact number of points. She received her money back, but what did this experience do to change the image she had of this company?

In other words, there are some promises and claims that cannot be discovered until the buyer has access to the booking site, long after the cancellation period.

Similarly, others have been told they would need to wait six months before selling points after upgrading to the next loyalty level. By placing a six month wait on the false claim, the complaint is old when reported. Too many of our readers are highly educated professionals and were not alone when they attended the presentation. There are so many almost identical complaints – we can sometimes guess the name of the sales agent.

Timeshare members have had enough. Social Media now allows timeshare members to contact other members to find out they are not alone. Members include professionals offering their skills to help other members. We are hoping one day, if the timeshare companies themselves will not acknowledge the problems, lawmakers will pay attention.

My husband Don, and first read editor, asked me as I was writing this article, “Why does Disney have so few complaints?” Disney, I said, is a company backed by generations of little critters enmeshed in a corporate culture and brand that will not allow deceit but does allow a secondary market. It does not seem to have hurt their bottom line. Zacks estimates a year over year growth estimate of 11.27% forecasted for 9/20/2018 with an impressive 1.66% allowance for doubtful receivables 10/1/2016.

https://www.zacks.com/stock/quote/DIS/detailed-estimates

Walt Disney Co.’s allowance as a percentage of current receivables, gross declined from 2014 to 2015 and from 2015 to 2016.

 https://www.stock-analysis-on.net/NYSE/Company/Walt-Disney-Co/Financial-Reporting-Quality

Bad-Debts

Contact Inside Timeshare to share your news and views or one of the available self-help groups. Our success is not measured in dollars. While many have received resolution or refunds, relinquishments, or loan cancellations, others brace for foreclosure. It’s about the “3Rs or F of Timeshare” – getting a bad decision in the rear view mirror supported by other members who care and bring their expertise from all walks of life into our Timeshare Advocacy Group™.

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

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

We now share some more news from the courts in Spain, the High Court in Tenerife yesterday announced another crippling verdict against Silverpoint. The judge has declared another client’s contract null and void, ordering the return of over £40,000 plus legal interests. Once again the courts are finding in favour of clients as per the rulings of the Supreme Court.

So no matter what the industry claims, they are losing the battle, consumers are protected by the law, at least as far as timeshares sold in Spain are concerned. It now needs the rest of Europe to follow suit, giving the protection that the EU Timeshare Directives promised. The industry must acknowledge the fact that they have for too long run roughshod over consumers in their quest for easy money.