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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.

 

time to talk1

Los Claveles: Opposition Press Release

Inside Timeshare has received the following press release from the Los Claveles opposition, we publish in the interest of neutrality, as we have said before, both sides must be able to voice their opinion.

You may not agree with the content, that is your prerogative, but it does call for all sides to come together and settle this dispute for the benefit of the club.

los claveles opposition logo

PRESS RELEASE

Los Claveles report a record surplus

While the dispute rages on, setting owner against owner, Señor Germán Castro, the Managing Director of WimPen has written to all Los Claveles owners with the latest set of accounts showing a record income and a record surplus.

He also offers an olive branch to owners and says, “We are also the first to want an AGM to be convened of all parties, so that everyone can be summoned and vote, and so that everyone can have the right to offer their candidature to become members of the Committee and propose agenda items, for the benefit of all Club members, so they can decide on their administrator and their future. WIMPEN will be the first to respect this decision, provided that everyone can freely and democratically exercise their right to vote and that an impartial external moderator is appointed to preside over said AGM”.

“This is exactly what we need,” says Roger Barrow, who heads up the working group opposed to the way the current committee are handling the dispute. “This is the only way to get a resolution to the dispute without building on the mounting legal costs for all sides. We believe the current chair and committee are leading us up a path to disaster, and we need a way out”

Sue Mackenzie, the working group’s accountant said, “Snr Castro reports that the reserves have grown 119% in the period 2013 to 2016, an astonishing result in these days of struggling timeshare resorts.  Ivan Pengelly’s decision to sell his shares to OnaGrup, who he judged were best placed to improve the community’s income, has been fully justified.”

“It is notable that in 2016 for the first time, it has not been necessary to make a provision for bad debts. Costs have remained level over the whole period, with the exception of the massive legal bill for legal; services and arbitration of over £100k of owners’ money, created by the committee’s actions”, continued Sue Mackenzie.

“With the exception of Los Claveles, all the other WimPen resorts AGMs have agreed a new 3 year contract for WimPen with an overwhelming majority” adds Roger.

So what happens now? A decision on the appeal is still awaited, and there are legal proceedings in Spain to be resolved. All this is going to take time and more expense. “Have owners approved these legal costs?” asks Roger, “On whose authority was this expenditure agreed? We need this full general meeting very soon, then we can all settle down again and enjoy our holidays at Los Claveles.”

Señor Castro ends his letter to owners wishing all a Happy Christmas and saying, “We ask you all to think of the Club and create a prosperous and positive future where everyone can enjoy their holidays, without conflict and in a friendly atmosphere.”

Inside Timeshare calls on all concerned parties to take heed and make the right decision to get together and discuss this matter and resolve it for the benefit of all club members. Only you can do this.

come together

monday

Start the Week

Welcome to the first article of the new week, over the weekend the debate on Los Claveles has seen the opposing views getting rather heated and personal.

One reader who is an owner at Los Claveles has sent in the following response to the article published on 30 November. Inside Timeshare has agreed not to publish the writer’s name and abide by his wishes.

His response is well written, it lays out his view on the situation in a clear and precise manner, giving a very good opposing argument.

Response to The Opposition View

The “Press Release” submitted by Mr Barrow, who is a director of the WimPen Holding Company at Las Casitas and has a long term family association with Mr Pengelly, is deeply flawed and highly questionable regarding the title “Los Claveles Club” which is a misrepresentation of the Official “Club Los Claveles” as defined in the Club Constitution. It takes no account of the unique ownership structure, governance and committee-led stewardship of the resort over many years that has resulted in the resort being financially strong, in sharp contrast to other former WimPen resorts. Without going into all the details, Mr Pengelly’s handling of the sale of the Los Claveles management contract to Onagrup is widely recognised as having been lacking in judgement and consideration for the owners, and disrespectful to their elected representatives in the weeks following the sale. Since then, Mr Pengelly has presided over flagrant abuses of statutes and constitutional frameworks  governing the community of owners at Los Claveles; disregarded a petition calling for his resignation and a vote of no confidence in him at the 2016 Escritura Community AGM, which he refused to accept (as a result of which ALL the owners left the room, except for 3 owner couples, calling the meeting illegal). In addition Mr. Pengelly has practised non-compliance with arbitration orders and awards; turned a blind eye to the physical assault of the Club President and intimidation of Club Members by an Onagrup employee; condoned false accusations of fraud being made by Onagrup to the Spanish Police against the Club President and Chairman; and allowed the unlawful sacking of long term staff members. As a result, his once decent reputation in the timeshare industry is now in tatters.

For the record, the notice of termination given to WimPen for Club Los Claveles on 31 March 2015 was not a “knee jerk reaction” as described by Mr Barrow but a considered decision precipitated by the arrogant attitude of Onagrup to the Club Committee and a flagrant disregard of the Club Constitution regarding rental policy.  It was a unanimous decision by elected committee members in response to the representations made to them by hundreds of concerned owners in the 2 months following the sale to Onagrup, and was also supported by the Escritura owners’ representative. Mr Barrow’s representation of this decision being based on the Club Chairman’s casting vote is wildly inaccurate and misleading. The notice of termination made provision for Club Members to have the final say at the subsequent AGM in June 2015. This was heavily influenced by the contribution of one single owner, a commercial lawyer by profession. He raised such fears in the minds of those attending that they would become personably liable for damages in a breach-of- contract claim from Onagrup that many changed their mind and voted not to risk that eventuality. Otherwise, the vote would have been much more conclusive in favour of the termination. This same owner subsequently changed his views and has since given his support to the committee. Regardless of this the view of Onagrup that it still held the management contract for the resort only came about because it combined the votes of both Club and Escritura owners despite the vote being taken separately. .

The issue here is not with the committee, as Mr Barrow would have owners believe. It is with WimPen, Onagrup and a minority of owners that he is now representing who are not prepared to accept the democratic constitutional process of governance of the resort. They refuse to accept that every effort was made by the Club Chairman to negotiate with Onagrup. even going to the lengths of travelling to Barcelona to meet with Onagrup senior management, prior to the members democratically voting at the SGM of January 2016 to take the dispute to arbitration because Onagrup would not agree to abide by the Club Constitution.

The situation now is that WimPen, i.e. Onagrup, is appealing the arbitration.  And much like Mr Barrow and the self-elected members of the protest action group he is leading, WimPen has taken it upon itself to illegally carry on managing Club Los Claveles without a contract which expired on 2 May 2017, claiming that it has a right to do so while the appeal is being heard. This is not so. Meanwhile, the Club Constitution is being completely disregarded by both Mr Barrow and WimPen in advocating that members should pay their maintenance fees to an illegal agent who has no contract to manage Club Los Claveles. This same agent is sending threatening letters to members who have followed the Constitution and paid their maintenance fees to the Club, refusing access to their accommodation until they pay again and blocking RCI members’ exchanges.

Marilyn Fry, who has a close, long term tie with Mr Pengelly and family, also seeks to mislead by failing to explain that owners who do not follow the Club Constitution and deliberately pay their maintenance fee to WimPen automatically place themselves in conflict with the rules governing their membership of the Club and risk being suspended. However, the Club Chairman has simply reminded the tiny minority who have taken this course of action that they are in breach of the Constitution, that they have an outstanding debt to the Club and that they have therefore placed their membership of the Club at risk. A similar tiny minority have placed themselves in the position of paying their maintenance fee twice, i.e. once to the Club and a second time to WimPen simply because they took it upon themselves not to follow the committee’s instructions, or its process for overcoming WimPen’s illegal demands for gaining access to their Los Claveles accommodation.

Equally misleading is her statement about secrecy and censorship. The committee is bound by the rules of arbitration and is therefore restricted in what it can and cannot communicate to Club Members. No member has been banned from the owners’ website, and the normal rules of moderation apply to Los Claveles social media groups. A tiny number have been suspended for failing to comply with these rules.

The solution that is supported by 90% of the 971 members of Club Los Claveles who voted at the 2017 AGM, a record high number, is for WimPen to abide by the Club Constitution and Arbitration orders and awards, and to withdraw from the management of the Club, along with the Trustee FNTC, a company that was dismissed in 2012 but also refuses to go. This will allow the members to regain control of the Club, appoint their chosen Administrator, Trustee and management service providers, and restore the loyal staff who were wrongfully dismissed under Mr Pengelly’s watch. Only then will the resort return to peaceful normality, and continued prosperity and enjoyment for the owners.

As this article was being prepared for publication, Roger Barrow sent in the following, Inside Timeshare publishes this in order to try and keep a neutral and balanced stance.

LAS CASITAS AGM:

Dear Charles

Its a good news story for those Los Claveles owners who are interested and remember the days of happy AGMs where owners have full control, with healthy, friendly debate and a great get-together in the bar the evening before.

  1. Administrators report – Approved
  2. Accounts for year to Aug 2017 – Approved
  3. Budget and proposed 3% increase in fees ( first increase for 3 years)  – Approved
  4. President re-elected
  5. Reintroduction of Owners’ Representative – Approved
  6. Appointment of Wimpen for a further 3 years – Approved
  7. Bar Franchise offered further 3 year contract – Approved
  8. Charges for more than one WiFi connection – Approved
  9. Acceleration of upgrade of Lounge/Dining room – Approved
  10. Replacement of baths with walk in shower – Approved

Four different resorts approved new 3 year contracts for Wimpen at AGMs this weekend

Regards

Roger Barrow

As you can see, there does seem to be a very wide difference of opinion between the other resorts as well as the differing opinions at Los Claveles. Inside Timeshare will continue to publish articles showing the opposing views, especially those with a clear and precise argument.

As we were preparing for publication, the following news came in from Madrid:

The Supreme Court has once again ruled in favour of a former UK client of Silverpoint, this court has once again ruled as per their previous judgements.

In this case the court has awarded back over £45,000 plus legal fees and interest, also declaring the contract null and void. This is the 77th ruling made by Spain’s highest court and leaves no doubt that the interpretation of law 42/98 is correct.

If you need any help or advice on any timeshare related matter, Inside Timeshare is here to provide it. Contact Inside Timeshare and we will point you in the right direction.

coming together2

Los Claveles: The Opposition View

Continuing with the story of Los Claveles, Inside Timeshare has been asked by Roger Barrow to publish the following letter.

It is published as there are always two sides to every debate, without this balance nothing will be solved. All owners must have access to both arguments, you may not agree with this letter, but there are many owners who do not know what is going on. From the many comments and emails we have received there does appear to be some personal grudges being vented.

Inside Timeshare asks that you put these aside and try to work together, you all believe that you have a lovely resort, many of you have owned for years. Going through the internet we have found many negative comments about other timeshares, but not about Los Claveles or in fact any of the other resorts such as Las Casitas, where Roger is President of the Committee of Owners.

We leave it to you the readers to decide.

los claveles opposition logo

PRESS RELEASE

Los Claveles Committee – Owners Fight Back

In 2015, Ivan Pengelly of WimPen, who were the appointed administrators for Los Claveles along with several other resorts in the Canary Islands, sold his shares to OnaGrup, who he judged were the best company to help improve the rental income for blocked and unsold villas in the resorts. All the resorts were suffering from an aging population of owners and an increasing number of debtors. This sale to OnaGrup was subject to a confidentiality agreement.

Once the sale was complete, Ivan Pengelly announced the sale to the resort owners. While there were a few ‘bumps in the road’ and much anxiety by owners in most of the resorts, calm and measured negotiation with OnaGrup resulted in amicable and mutually agreeable arrangements for the continued management of the resorts. With the exception of Los Claveles that is.

A Los Claveles committee meeting, on the casting vote of the Chairman, decided to terminate WimPen’s contract. A subsequent General Meeting voted 329 to 236 to retain Wimpen, however this result was overturned by proxy votes, including the chairman’s discretionary proxies. The final voting was 863 for termination with 823 against.

“We believe this decision was premature and we want to challenge the Claveles committee and way they have handled this dispute”, said Roger Barrow, chair of the newly formed opposition working group. “It has led to the most acrimonious of disputes, with owner set against owner. The dispute has now launched into an expensive arbitration and legal battle, when the committee could have followed the simple and straightforward process to appoint a new administrator, a process set out in the constitution.”

“It was a knee-jerk reaction which we believe owners will regret,” said Mr Barrow.

So, what is the situation now? While everyone awaits the full outcome of the arbitration and legal appeals, Wimpen, now without a contract, have continued as Acting Administrators, successfully managing the resort. They look after the finances, maintenance, cleaning, resort improvements and employ the staff. Owners still must pay their maintenance to WimPen to gain access to their villas.

“The club committee are also demanding payment with threats that owners are acting illegally and risk losing their membership if they don’t”, said Marilyn Fry, the group’s secretary. “This leaves owners bewildered, confused and very anxious. Some have paid twice to Wimpen and the Club, a few have successfully obtained a refund from the club. But for owners, this is a very unsettling situation”.

“There is also an unsatisfactory level of secrecy in the club”, continued Mrs Fry, “With owners who criticise or oppose the committee’s actions banned from the owner’s website and social media, which is heavily censored”.

So, what is the solution? The opposition working group are setting out to challenge the owners’ committee and believe that by giving WimPen a new contract, owners can regain control and should then allow Wimpen time to show what they can do before following the correct process to either continue with WimPen or appoint a new administrator.

“We all want the same thing in the end,” said Mr Barrow. “A happy and efficient resort that operates as successfully as all the other resorts in WimPen’s portfolio.”

www.losclaveles-alt.eu | info@losclaveles-alt.eu | 0796 222 4554

The opening paragraph clearly explains the problem that all timeshare resorts have, owners who are now elderly, many unable to travel, owners who can no longer afford the maintenance fees and a new generation that do not believe in the concept of timeshare.

With this diminishing population of owners the only way these resorts can survive is by increasing the maintenance fees of the remaining owners, or by renting out the unsold and returned weeks.

Inside Timeshare has given you a platform to begin a discussion and resolve this issue, it is your resort, you are among the lucky owners of timeshare, you do have a say in how your resort is run. For those who own in the points system, which the Spanish Supreme Court has deemed illegal, they do not have these rights. They are members of a vacation club, with only a right to use and this is subject to availability.

Inside Timeshare will continue to publish news as it comes in, we also hope to publish the news that you have all come together and resolved the issue. We wish you all the best.

time to talk

Los Claveles: A Difference of Opinion.

Over the past week Inside Timeshare has received many comments regarding the ongoing dispute at Los Claveles in Tenerife, it would appear there is a split among the owners. Not all are siding with the committee or agree with how the committee is handling the situation regarding the removal of Wimpen / Ona Group as the managing company.

los claveles3

Inside Timeshare first reported this story back in May when we received information of owners being refused admission to the resort, with the elderly Club President being threatened and manhandled. She was then accused of an assault and spent hours being questioned by the police.

It must also be remembered that the contract for Wimpen to act as the management company came to an end at the beginning of May, yet they still demanded that maintenance fees be paid to them. They even terminated the employment of many members of the resort staff, which considering they no longer had the contract to manage the resort would suggest they had no right to do so.

These are some of the comments received, they reflect the split in opinion between the owners and members of the club.

“The full results of the arbitration have yet to be released, so I don’t know how you can say “the judgement was in total favour of the owners and the owners committee”. It seems you are only telling one side of the story. Why haven’t you obtained a comment from WimPen?”

“I am surprised by your biased report above. Nobody has yet seen the result of the arbitration. Both sides have picked out bits that support their own claims. I am an owner at Los Claveles and am impressed by the manner Wimpen continue to conduct the running of Los Claveles . I have never received a threatening letter from Wimpen or Ona, nor have any if my friends who are owners there. The committee does not have a 100% support from owners as you have been led to believe. Nor will they.”

los claveles1

“Hi Susan many owners have published their threatening letters from Wimpen on Facebook or posted that they have received threatening letters as you well know. I have, myself received several, and I have exchanged many messages with you with evidence on Wimpen’s wrong doings, so please do not accuse the report above of being biased as it is not.”

“I believe the the constitution also says the committee should of also kept records of the coming and going at Los claveles so the blame game continues and yet the committee take no responsibility for the mess the owners are in no surprise there”

“Dennis, the Constitution, Clause 11.5, states that “the Committee shall maintain or cause to be maintained a register of owners”.

Wimpen were employed by the owners to maintain the Register on behalf of the owners.

Wimpen refused to comply with Arbitrator’s Awards to release the Register to the Committee so that the Committee could contact ALL owners with a true statement of the facts and call an AGM for all to attend. Wimpen, therefore denied ALL owners the opportunity to attend the AGM. Wimpey, in their wisdom, drafted Constitution Clause 19.4 which permits the Committee to hold meetings if the Register is not available.”

“I dont believe anyone has suggested the Committee has 100% support, I certainly have not seen that statement posted anywhere. I would indeed be an unusual situation to have 100% support for anything these days. However they certainly do have a large proportion of owners supporting them in this issue and one has to bear in mind that in this instance its weeks of ownership and not head count that carries the day not that I think it will make any difference. I can only assume that you have received no threats from Wimpen as no doubt you will have paid them the maintenance fees rather that the correct method of paying the Club as required under the Constitution. Thats the rule book for the resort that you signed up to comply with when you purchased.”

los claveles2

Inside Timeshare also received the following by email:

I have read your article and associated comments with interest and, whilst not wishing to turn your website into a battleground for our dispute, wish to submit the following response.

It is a shame that Onagrup/Wimpen and their supporters appear to operate double standards when it comes to ‘the right to respond’.

Since the dispute started in 2015 I have sent numerous communications and requests to Directors and employees of Wimpen, many have gone unanswered and others have been very selective as to which questions they reply to.

In 2000, Wimpen filed the Deed of Adaptation for Los Claveles, partly in accordance with Ley 42/98. In 2015 I requested a copy of the Deed from Ian Crane, Wimpen’s Director of Administration, but the reply was that ‘he was out of the office’. A few months later in 2016 I repeated the request but have still not yet received a copy of the Deed from Wimpen nor any reply.

The Club Constitution states that members are bound by the Regulations of the Community of Owners, copies of which are available on request from Wimpen. The Community of Owners is a separate entity within Los Claveles, registered with the Spanish fiscal authorities, NIF H38392122. In 2015 I emailed Jesus Monedero, Wimpens Director of Resort Finance and Community representative for Los Claveles, requesting a copy of the said regulations. To date I have not had a reply.

A similar request to Wimpens accounts department in 2015 resulted in them sending me an out of date copy of the Club Constitution.

Also in 2015, I emailed Ivan Pengelly, MD of Wimpen, requesting information about the Regulations of the Community of Owners, amongst other items. He totally avoided answering that specific point.

Again in 2015 I emailed Germán Castro, General Manager of Onagrup, and Ivan Pengelly, asking why they had not guaranteed that the future of Los Claveles would remain in the control of the owners and Club members. There has been no guarantee from either of them on that point.

Ivan Pengelly and Germán Castro both acknowledged this year that their contract with the Club expired on 02nd  May  2017. I later received a letter from Sr. Castro, dated May 11th to which I replied by email correcting the many inaccuracies contained within his letter and questioned why they continued to use the members register when they had previously acknowledged that they did not have a contract with the Club. Sr Castro did not have the courtesy to reply.

Earlier this year I noticed on my credit card statement that payment of fees using Wimpens online facility went to Wimpey Leisure SA, a company that ceased to exist in 2004. Further checks of previous statements revealed that this had been the case as far back as 2007. In August I emailed Wimpens accounts department querying this, as my credit card provider had said that it was very suspicious. Not having had a reply I then emailed the same query to Sr. Castro in September, suggesting that the Agencia Tributaria may be interested. To date I have still not had a reply.

Having received an invoice in September for fees due for my week 14 in 2018, I emailed the accounts department questioning why they had done so when they did not have a contract with the Club, and pointed out that this use of the members register breached Spain’s data protection laws and that the correct way to proceed was for Wimpen to invoice the Clubs representatives for fees due for the maintenance of the common areas of the resort. No reply was received and so, in October, I emailed Sr. Chinea Cruz, Wimpens registered Data Controller pointing out the many breaches of the data protection law which also includes installing CCTV without seeking the prior consent of owners. Again there has been no response.

Edward

We have also received the following letter from the Club Chairman to Mr Pengelly, click on the PDF to read it in full.

Pengelly DOA 211117.docx

As this article was about to be published Inside Timeshare received the following press release from the official opposition:

Los Claveles – Owners Fight Back

As you can see, there is a very big difference of opinion, one recurring theme is evident, the apparent lack of communication between all parties. Communication and dialogue is the only way this matter is going to be resolved, we know there will never be 100% agreement, but unless all parties are aware of the facts, nothing will be resolved.

Inside Timeshare will continue to follow this story and publish the latest news as and when it comes in, we thank all who have contributed. In response to Edwards opening comment not to turn the website into a “battle ground”, we do not see it that way, it is Inside Timeshares belief that by providing you with a forum to discuss these matters and to see the views of other parties, maybe, just maybe we will see this resolved. Then the Club can get back to what it was, a community enjoying each others company and holidays at this beautiful resort.

monday again

Start the Week

Welcome to another new week in the world of timeshare, tomorrow Irene Parker has prepared an article following the news that Richard Cordray has stepped down from the Consumer Financial Protection Bureau. Part I is about the Manhattan Club, She begins with what the CFPB has done, including the investigation into Westgate, which was conveniently dropped after two years. But more on that tomorrow.

tribunal supremo

In Friday’s Letter from America, we began with the usual roundup from Europe, with the latest court cases. At the end of the day the news came in, too late for publishing, of yet another Supreme Court ruling being issued from Madrid.

In this case, Silverpoint have been ordered to return over £61,000 plus legal fees and interest to another client. The contract was also declared null and void, at present we do not have the full details of the sentence, but it would appear that the contract breached the timeshare law on several points.

As usual the main point will be the length of the contract, the law states that contract must be no longer than 50 years in duration, so the perpetuity contracts sold by Silverpoint contravene this. Once again the Supreme Court has made its point.

los claveles logo

On the story of Los Claveles in Tenerife, Inside Timeshare has received some comments from other members who do not appear to be in agreement with the Committee. They are either neutral or feel that Wimpen has acted in good faith.

Well, there are always two sides to any story or dispute, not all will agree, Inside Timeshare is happy to publish opposing views. We will also be looking into this and preparing a full article in due course.

In the meantime there is a link below which will start the ball rolling in bringing another side to the story and hopefully a little balance.

Inside Timeshare does try to get other views, quite often other parties do not respond, many emails are sent but no reply is ever received. Telephone calls are terminated, usually with you are through to the wrong department or even we don’t know anything about that. So thank you to those who did send in information.

http://www.losclaveles-alt.eu

 

jaw jaw

You have any comments or views on any article published, send them in using the contact form, we will either post them in the comments section or include them in any article.

Want to know if a company is genuine, once again contact Inside Timeshare and we will point you in the right direction.

alone

Los Claveles: Chairmans Update

Welcome to the start of the week, back in August we published an update on the goings on at Los Claveles in Tenerife, it was announced that the arbitration process had completed and the judgement was in total favour of the owners and the owners committee. The judgement ruled that the owners committee was legally constituted and has all the rights to run the resort.

Well it would seem that WimPen have not taken any notice, they continue to refuse to allow members onto the resort unless they pay THEM the maintenance fees. They are also sending out threatening letters to the members of the Club stating that they will be suspended if they do not pay. The Chairman Albert Fletcher and the President Carol Parkinson are still being denied access to the resort, even though they have a legal right.

It must also be remembered that WimPen’s contract as the managing company was ended on 3 May 2017, yet they still behave as though they have the contract.

los claveles logo

WimPen have lodged an appeal with the Court of Sessions in Scotland (equivalent to the English High Court). WimPen argue that the Arbitrator is wrong in law coming to the conclusion he did. WimPen maintain that the Club does not have a legitimate Committee so WimPen can not be challenged.

This case will be heard as a “Priority” due to the rules regarding an Arbitration Appeal, hopefully a decision from the judge will be made on how this is to proceed. Also, it has to be said that WimPen have not yet been given permission to appeal, before a full hearing can take place this must happen.

The Club has also instigated a court case in Scotland against FNTC for failing to transfer all documents to Hutchinson as directed in 2012. This followed the Clubs decision to terminate the contract with FNTC as the Clubs Trust Company. We wait to hear when this will take place.

The Chairman, has also made contact with RCI, it looks like RCI has agreed to convene a meeting of all parties at the RCI Headquarters in Kettering. The Club Chairman has agreed and that the Club confirmed it would participate.

This certainly looks like it is the industry just bullying the owners, from what we have seen, the Club has gone out of its way to do things by the book. There is still a long way to go in this sorry tale, these have been long standing and loyal owners of the resort, the way they are being treated is downright despicable.

For the Club Chairman’s full update see the pdf link below. For the full sorry story see the past articles.

Chairmans Update 8 November 2017

http://insidetimeshare.com/los-claveles-return-bad-days-timeshare-tenerife/

http://insidetimeshare.com/los-claveles-battle-goes/

http://insidetimeshare.com/horror-weekend-los-claveles/

Inside Timeshare will bring you the latest news as and when we get it, all we can say is we will publish every story, giving the Club and the Committee our full support in publicising their plight.

If you have any information regarding this matter or any other timeshare problem would like to share with others, contact Inside Timeshare, we are here to give you the facts.

back

 

letter from america

Friday’s Letter from America

Welcome to this week’s Friday’s Letter from America, we continue with another chapter from our traveling writer David Franks, this week it is entitled Miami Vise, edited by Irene Parker. But as usual we begin with some news from Europe.

eu news

Back in May Inside Timeshare reported on some very nasty events in Tenerife, this involved the former Wimpy resort Los Claveles, which was subject to a management buyout by Ivan Pengelly in 1998. Over the years the resorts operated by Wimpen (Wimpy Pengelly) had very good relationships with the owners and the owners committee, this all changed when Pengelly sold out to the Ona Group. (see previous articles).

But there may just be a glimmer of hope on the horizon, it was announced this week that the arbitration process has completed and a judgement has been made. It is in total favour of the owners committee, that the Ona Group, Wimpen and the FNTC, are all in the wrong. The owners committee is legally constituted and has all the rights to run the resort. This means everything must be handed over to the committee, that Wimpen (Ona Group) have no right to collect or demand maintenance fees.

It now just needs to be seen if these companies comply with the Arbitrator, if not the committee will then have to resort to the Spanish Courts to enforce the judgement. We wish them all the very best and hope that this sorry tale will be over very soon. More on this as and when new information comes in.

http://insidetimeshare.com/los-claveles-return-bad-days-timeshare-tenerife/

http://insidetimeshare.com/los-claveles-battle-goes/

http://insidetimeshare.com/horror-weekend-los-claveles/

Now for some news which is proving to be rather disturbing.

Justice4 the claims company owned by Lee Roy Pallister, which went bust recently but re-emerged as Hello Consulting and Tucola Ltd, with his wife as named director, has been taken over. Could this be good news for all those clients who paid Justice4?

Unfortunately that may not be the case, the take over is by ABC Lawyers, yes, you did read that correctly. Mark Rowe of Monster credits, Hollywood Marketing and Jive Hippo fame is now owner of the former Justice4!

http://insidetimeshare.com/monster-credits-associated-companies-summary/

Loyalty: No Such Thing in Timeshare

The TCA (Timeshare Consumers Association) whole heartedly endorse this, not surprising considering the TCA is also owned by Mark Rowe.

What also has to be remembered is Mark Rowe was at one time a senior sales manager for Resort Properties / Silverpoint under Mark Cushway, now look at the history of that company! Also Lee Roy Pallister is another ex-timeshare salesman. We leave it up to you the reader to decide what the implications of this will be. We think we already know what they are likely to be!

Yesterday Inside Timeshare published an article about Anfi, just after publication, news came in of a sentence which had been issued by the court, it would seem that even though it is August some people are still working.

Another loss for Anfi, at the moment we do not know the infringements ruled upon, but it is more than likely the usual, either perpetuity, floating weeks or points. In this case the ex-member has been awarded 37,224€ plus the legal fees and the court also awarded back all maintenance fees that had been paid.

Do you still believe what Anfi say, that they are not losing any court cases?

Now on with this week’s Letter from America

Our DRI Misadventures

Chapter Four: Miami Vise

miami

By David Franks

August 11, 2017

For background, you might wish to read the first three chapters:

Chapter 1: Vegas, Baby! — http://insidetimeshare.com/fridays-letter-america-5/

Chapter 2: Missouri Loves Company — http://insidetimeshare.com/fridays-letter-america-10/

Chapter 3: Stand Back. These People are Professionals  —http://insidetimeshare.com/fridays-letter-america-12/

(You might not. The annoyance is epical.)

April 2016 arrived. Never mind the showers; my lovely wife and I were going on a Diamond Resorts International Dream Holiday to Miami, Florida and the western Caribbean!

We started the adventure on Tuesday, April 5. I shall note at the outset that it was road and bridge construction, not DRI that turned the drive to the airport into a slightly mobile parking lot.  XNA in Bentonville, Arkansas is a lovely little airport.  It is expensive to fly in and out of XNA, but the cost was covered in the Dream Vacation package.  Score two for DRI.  Keeping their intervention to a minimum works wonders.

We arrived in Miami without incident, unless changing planes at the Houston airport is an incident. We made our way to the Penguin Hotel in Miami Beach, a nice old place on Ocean Drive in the historic South Beach Art Deco District. We had selected the hotel because of its age, and because it was possible (though not easy – see Chapter Three) to get an ocean-view room.

We arrived at the hotel to find that we did not have a room there. Somebody from DRI had decided to “upgrade” us to a brand-new room in the President Villa, a newly-remodeled building. We talked to a couple of hotel managers, met a couple more concierges, and confirmed that our reservation for an ocean-view room was in underlined capital letters in their reservation book.  Having been made aware of their faux pas, the helpful DRI people attempted to mollify us with a $100 certificate for dinner at a rather nice little bistro (double the regular value of $50). We were not mollified, but we accepted the certificate.

Unfortunately, we would not be able to have the favor of their “upgrade” corrected immediately, as there were no rooms available in the Penguin until the next day. So, guided by a helpful DRI minion, we excursed from the Penguin along a dismal alley route to the President Villa, a former office building next to the President Hotel on Collins Avenue. The conversion to residential use was not impressive. Our room was so awkwardly designed as to be uncomfortable; the bathroom would not have been even adequate for a modern resort guest. The ocean view I had struggled to get was of course not available, and the slight smell of fresh paint was no compensation. When we compared the President Villa to the Crescent Resort – and even to the dinged-up but charming Penguin – we felt that we were being treated as second-class guests.

On the other hand, the President Villa – despite its lack of accoutrements consistent with a nice hotel – did offer, under the same roof, exotic car rentals and the services of a psychic/fortuneteller.

gypsy

While we were unable to see the ocean, we were able to see from our window an endless stream of people taking selfies standing next to or sitting in Ferraris and Lamborghinis, presumably with permission.  We declined the opportunity to have a tarot reading, as we already suspected that our future with DRI was not becoming less bleak.

We trundled back over to the Penguin the next morning and took possession of our ocean-view room in time to attend a luncheon provided by DRI prior to a mandatory “buyer update” meeting that afternoon.  The luncheon, set up in the lobby of the Penguin, was actually rather pleasant (DRI managed to not interfere), and we met a few Diamond Resorts members who made a good show of not seeming like victims.

We eight or so members then went next door to the Crescent Resort and up to the penthouse, where over the course of a couple of hours we were told a couple of things that started out interesting but have since turned out to not be true: that, as Gold and Platinum members, we would be receiving a tablet computer preloaded with DRI-related software, which would enhance our owner experience; and that DRI was looking at adjusting maintenance fees based on actual resort usage, which would reduce some members’ fees (“Like ours?” I asked. “Like yours,” they said) because there’s no need to pay so much to maintain facilities one doesn’t use. Oddly enough, they didn’t try to get us to buy more membership, but they did make us stand around on the roof deck for quite some time for no apparent reason.  Particularly given the lack of veracity of the “buyer update”, we would have been better off using the afternoon thus occupied for sightseeing instead.

[Note from Irene: Maybe they read Chapters 1, 2 and 3?]

Our only interaction with a DRI concierge as such was an attempt to find the nearest Walgreens where we could get a prescription filled. He didn’t know, and he guessed wrong.

We had a good time during the remainder of our stay in Miami Beach. We had a nice bus tour, visited Calle Ocho, and enjoyed the meal at the bistro, which ended up costing a little over $100. The Penguin is a perfectly good hotel if your expectations are in line with what an old hotel has to offer. The room was fine – its ocean view was just as good as from a newer hotel – and its cafe provided a good breakfast. As it turned out, we were not charged for the upgrade to an ocean-view room. I hope the Penguin didn’t end up eating a loss caused by DRI’s interference.

group

Important points this week:

  • Although I will not attribute the change in our room reservation to malice or perversity (but what’s left?), I will note that I had explained at some length our interest in the Penguin as a historic hotel as well as our interest in an ocean-view room to everybody I talked to, and our reservation had been emphatically logged.  Calling the change an “upgrade” was a little perverse, however.
  • The Crescent Resort is a DRI property. The Penguin Hotel and the President Hotel are “Club Affiliated” properties.  DRI does not mention the President Villa at all; apparently they prefer to surprise unsuspecting guests with it.
  • Renovation tip: never hire DRI to oversee or approve of a building makeover.
  • Except for the meddling in Miami – which was the only real opportunity DRI had to screw things up –  the Dream Holiday, once underway, went well, despite the fact that it involved a seven-day Carnival cruise (which, apparently amazingly, came with an ocean-view stateroom).  My lovely wife and I thought the Dream Holiday was a good value at 7,500 points, and we saw no need for DRI to misrepresent the potential retail value of the hotel room.
  • Subsequent mentions of the tablet computers and the purported maintenance-fee adjustment to DRI customer service indicated that DRI had never discussed them with the front people at all.  Upon escalating the issues, it turned out that the tablets were supposedly an inducement for brand-new members, rather than an amenity for existing members.  One of the people I talked to said it sounded like I should get a tablet, and he would check into the matter and get back to me. (He never did.)  Based on several reactions at escalated levels of customer service, the supposed maintenance-fee adjustment was a total fabrication.
  • More concierges!  (DRI seems to be a tad lenient in bestowing the title of “concierge”, if my understanding of the office is correct.)

plane

Well, there you have it. David Franks, our intrepid travel writer, is safely back home no doubt planning his next Diamond adventure. Contact Inside Timeshare if you would like to share your Airbnb, Diamond, Bluegreen or Wyndham travel experiences. Canadian postings tell us Diamond is allowing some users to use their Diamond points to book AirBnb. As they say, if you can’t lick them, join them. More on that as we investigate further.

Contact Inside Timeshare or Diamond and Bluegreen member supported Facebooks if you would like to become an Inside Timeshare contributor.

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

This Bluegreen Facebook page of 1,670 members, Sales Team Reviews & Update/Sales Presentation Experience, is for the benefit of the members, corporate Bluegreen personnel and sales agents working towards a more honest and transparent sales process.

https://www.facebook.com/groups/1718664518412381/

This Bluegreen Facebook page seems to be a sort of self-help Facebook for members helping members.

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

So there it is, the end to another week, Inside Timeshare again thanks all contributors to the articles, we also thank those who have sent in details on their dealings with some of the companies that have featured. Without that information it would be difficult to give you the facts.

Have a great weekend and join us again next week for more news and truthful facts on the murky world of timeshare.

weekend02

tatoc logo liquid

TATOC Gone: Kwikchex Set Up New Helpline

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

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

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

man_debts
Wonder who this is?

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

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

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

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

Harry Taylor
Bye Bye Harry and good riddance!

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

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

task force
The Timeshare Task Force!!!!!

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

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

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

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

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

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

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

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

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

transformation-and-change

 

important news

Horror Weekend at Los Claveles

los claveles logo

Over the past week Inside Timeshare has been running the story of the diabolical goings at Los Claveles in Tenerife, things have now escalated to a new level. Carol Parkinson aged 71, was at the resort speaking with another owner at the pool bar, 4 Police officers, one can only guess they were from Policia National, they proceeded to arrest her. This appears to have been orchestrated by the so-called management company Ona Group.

At 1:52pm on Saturday 27 May, Inside timeshare received the following from the Club Chairman Albert Fletcher:

Dear CHARLES

We have a situation.  Carol Parkinson the Club President has been arrested on the Resort by 4 police officers.  She is at the Adeje national Police Station.  She is waiting for an interpreter.  She is accused of Criminal damage but has no idea of what they are talking about.  On Thursday she was assaulted by an Onagrup employee and had a bruise on her arm.  She attended the hospital and made a complaint to the police.  We think that an accusation has been made to get there own back.

Our solicitor is not answering his phone being a week end.  They are threatening to keep Carol locked up until Monday,  why we do not know.

She is in desperate need of an English speaking solicitor at the Police Station.  Can you help with finding one at short notice?

Thanks

Albert

Sent from my iPad

This is a very disturbing turn of events, it is a very severe escalation of the battle going on for control of this resort which is governed by the Owners Committee on behalf of all the members and owners. This is in accordance with communidad rules and the constitution of the club.

The resort for around 25 years was managed by Ivan Pengelly’s company Wimpen, after a management buyout from Wimpy. Los Claveles was a very rare phenomenon in the timeshare industry, being one of the very few where the owners committee worked closely with the management company. In fact there are no known adverse comments or complaints about the resort, which boasted one of the friendliest family atmospheres of any resort in timeshare. As Mac puts it in his email to Inside Timeshare at 5:27pm on 27 May:

Charles,

Onagrup’s dirty business at Los Claveles goes on. The fact that 4 police officers arrived to arrest a 71 year old lady tells us all we need to know what’s going on inside the Spanish establishment on the island. There can be no doubt that it was deliberately done in this way to intimidate her and keep her off the resort.

Pengelly asked owners to trust him over the sale of his business to Onagrup and this is what it has come to. It’s shameful, and he is responsible. He is the President and everything that his Administrator does is in his name. It is a spectacular fall from grace for someone who once had a clean reputation in the timeshare industry.

Regards,

Mac

Sent from my iPad

As we can see from Mac’s message, Ivan Pengelly is still President of the company and the Administrator does everything in his name. We have to wonder how Pengelly must be feeling now, especially as he asked the owners and members to trust him when he sold to the Ona Group, promising that everything would be alright and nothing would change. How wrong could he have been,from one of the most respected reputations in the timeshare industry to one that is now amongst the worst. What a fall from grace!

Ivan Pengelly
Ivan Pengelly in his glory days!

At 16:02pm 27 May the news came in of why Carol had been arrested, it also informs us that on the previous day she was again assaulted by Ona Group staff, taken to hospital and then made a complaint to the police. We can only guess and to be perfectly honest we are probably right that the Ona Group used this and the weekend to counter attack, knowing that she would get no help. In Spain the police can hold a person for 72 hours.

Following is the message Albert sent out:

Begin forwarded message:

From: Albert Fletcher <albertejfletcher@msn.com>

Date: 27 May 2017 at 16:02:23 BST

To: (Various recipients removed by Inside Timeshare)

Subject: Carol

Dear Friends,

Carol was arrested by 4 police officers around lunch time today.  She was sitting at the pool bar talking to Graham Holland.  It appears the charge is Criminal damage or assault.

Carol was assaulted on Friday by a man in reception.  She had a bruise on her arm.  She had great difficulty in reporting the incident to the police who sent her to the hospital.  Problems arose and the hospital examination failed and therefore the complaint was never recorded.

This is obviously A false complaint to hide the attack on Carol.  The Police have not taken a statement and the solicitor who was with Carol at the police station advised her to say nothing.

After threatening to keep Carol locked up until Monday they released her on conditional bail, including reporting and keeping away from Los Claveles.  Carol has to attend Court on Monday at 10.00 am.  Carol has not been given details of the allegations other that she has damaged someone’s glasses costing €1,300.  Carol does not know anything about this.

Hiro and other solicitors all have their phones switched off for the week-end and offices are closed.  This was a well timed complaint to the police designed to cause distress and keep Carol off the Resort.  Carol has a witness to the attack on her who will be at Court. Alex is assisting as best he can.

Albert

At least some of the news was good, Carol would not have to spend the weekend in what we know are disgusting conditions of the holding cells.

Looking at Albert’s last email, it is clear this is a total fabrication by Ona Group in their campaign to destroy what was once a thriving club. Anyone in their right mind should be able to see through this, a 71 year old lady with an impeccable reputation being accused of “criminal damage or assault”, is ludicrous at the very least

Inside Timeshare urges anyone who knows an English speaking Lawyer in Tenerife and is in Tenerife to contact Albert, your help is needed. Inside Timeshare has tried, but the weekend is notorious for making contact.

We also ask that all readers share this post on facebook and other social media, and as Irene Parker, Inside Timeshares US partner says:

Will keep them in our prayers

Total thugs

Doesn’t anyone in law enforcement see through this?

Irene.

To Carol and all the committee and members at Los Claveles, you are not alone. Inside Timeshare will keep publishing your news and we all hope that someone within the National Police comes to their senses and puts a stop to the thuggery of the Ona Group. To Ivan Pengelly, we say shame on you, it would seem you were bought off, reputation is worth more, you have destroyed yours.

 

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