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October 2016

BBC Scotland Investigates the Problems of Timeshare Contracts.

On Monday 24 October BBC Scotland broadcast an investigation into the problems people have in getting out of their timeshare, especially the elderly.

It highlighted an elderly retired couple from Scotland who purchased their timeshares from a company that is now owned by MacDonald Resorts and Hotels. The company is now owned 50% by HBOS Group (Bank of Scotland and Halifax, part of the Lloyds Banking Group) and 50% by Donald MacDonald. They originally purchased at the Dona Lola Club in Spain, when their children were young. But as we have seen on many occasions, ill health prevents them from travelling, especially abroad, because of the problem of the increasing cost of travel insurance.

mcdonald logohbos

They have been trying to “relinquish” their contract for around two years, but the resort management, MacDonalds, want them to pay over £3000 to relinquish their two weeks. Even after they have paid their maintenance every year since purchasing. They are still trying to negotiate with MacDonalds, but are still paying £1600 maintenance each year.

This is not a new story to Inside Timeshare, we have the story of Mrs B, who used another company to “get rid” of her timeshare at Dona Lola, she is 83 and also in ill health and unable to travel. Like many others she paid her maintenance every year without fail, even though for the past ten years has never used it, Mrs B and her sister could not even travel to any of the UK resorts.

When she eventually paid another company to get rid of it for her the trouble started. Inside Timeshare has copies of the documents that show her timeshare has been transferred to another person, but MacDonalds refuse to accept this and say she owes maintenance. They have even instructed a debt collection agency, Network Credit Services, to chase for the the £1412.54 they say she owes. She has already received a final demand to pay within 7 days or face court action.

Inside Timeshare has helped her to formulate an official complaint to the Financial Ombudsman Service to try and resolve the matter. This is still underway, yet it is that time of year when new maintenance bills will be falling on the door mat.

old-lady
How much!

MacDonalds stated in the programme:  “We’ve been widely praised for pioneering the introduction of a practical exit mechanism for owners. In fact, 90% of resort owners voted in favour of amending their resorts’ constitutions to formally adopt these fair and reasonable proposals”.

Well the proposal to be able to get out was not what you could call fair, it required at least 4 years payment of maintenance and was limited to every 2 years with first come first served.

In the next comment MacDonalds also stated: “However, it would clearly be detrimental to the upkeep of the resorts and unfair on the remaining resort owners if people were allowed to walk away from their contractual and legal obligations without some form of reasonable recompense which allows for the quality of facilities at the resorts to be maintained for future generations”.

This last statement clearly shows that MacDonalds are not interested in the owners apart from the continued collection of fees. So what is the reason for this statement?

It is quite simple, MacDonalds are a management company employed by the resorts, to run, maintain and collect the management fees. They actually own no property, like most of these large companies, i.e Diamond and Diversified. In the past MacDonalds with the backing of TATOC, changed the members from fixed weeks to a points system, when doing this they effectively took control of the resorts. By taking over the fixed weeks, MacDonalds become responsible for the maintenance fees on those weeks, with you the points owners paying a hefty increase in your charges.

By allowing people to hand back their ownership, with no prospect of new clients purchasing what is now a very expensive way to holiday, it will cost them. After all MacDonalds does not want to use their own money.

Another point to the broadcast was the problem of using other companies with their promises of “resale”. One company interviewed was one Inside Timeshare has highlighted in past articles, Sellmytimeshare.tv and Monster.

The BBC sent an undercover reporter, Fergus Muirhead, he contacted Sellmytimeshare.tv about getting rid of his mothers timeshare. Over the phone he was given a valuation of £9,400 with an invitation to meet with the company face to face.

undercover

He stated that it was obvious that they had no intention of paying him that amount from the outset of the meeting, with Sellmytimeshare telling him “We can’t sell the timeshare because no one’s buying them so we certainly can’t get that money back for her.”

He was then given by the advisor a series of figures, which had to be paid upfront on the day, this was for thousands of pounds. He was told he would be given “credits” which could be used as part payment for goods or even be sold.

Fergus stated that if he held them for 14 months, he could sell these credits for £17,216, which covered the £9,400 and the £6,700 he was going to pay upfront. It was also not clear as to how the timeshare would be disposed of.

The programme also interviews Stephen Boyd a lawyer with experience of timeshare law, he is also a partner at Athena Law. He said he had around 300 clients and was in the process of instigating a legal action against Sellmytimeshare.tv and Monster Travel Group, the parent company.

He stated: “My clients were told by this company that they could get rid of their timeshare, but when they went to a meeting they had to buy another product and they were promised a financial return.

“They’ve also found that the promised financial return never materialised and in many cases they’re still liable for the maintenance fees of their timeshare.”

When asked for a reply the spokesperson for Monster said:  “Customers seeking advice from us about relinquishing their timeshares are informed of the options available through us and are free to choose what they consider best suits them”.

“One of those options includes the purchase of a Monster Rewards Bundle, which can be redeemed against an increasingly wide range of goods and services, including travel”.

Follow the link to the full article on BBC News.

http://www.bbc.com/news/uk-scotland-37690840

Recent Inside Timeshare articles.

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

One thing is clear from all this, it is the owners of the timeshares who are suffering, not just from the timeshare companies but those who say they will sell them for you, only to sell you another product. Remember the Club Class and DWVC pitch, we will take your timeshare from you if you join our club, we will then give you a “Cashback” certificate for the value of the timeshare and the cost of joining. This was to last either 3 or 5 years, at which point you claimed from the cashback company supposedly the value on the certificate. Guess what, no one ever did and in most cases they still were liable for the maintenance fees.

Timeshares are not worth anything, they lose value the moment you purchase, even in the USA as we have seen from recent articles, they sell only for a fraction of the original cost if at all. So the warning here is do not believe it when you are told you timeshare is worth thousands, check out ebay, they can’t even give them away.

If you require any further information about this or any other matter, or need any help in finding out about any company you may be thinking of doing business with, Inside Timeshare will be pleased to help. Remember being forewarned is being forearmed.

research

My Thought Today: End of October

So here we are the end of another month, we started October with news of a Supreme Court ruling which stated that “Fractional” was indeed timeshare. In this instance Puerto Calma, Holiday Club Finland was ordered to repay over £235,542.00 as they had sold it as an investment.

Then Inside Timeshare reported the news of the first prosecution in the ongoing Anfi Tauro Beach Project.  The former head of the Canarian Coastal Authority José Maria Hernandez has been charged with administrative malfeasance (wrongdoing in public office) and forgery of official documents. The prosecutor Javier Ródenas considers that Hernandez verbally authorised the works despite warnings of serious breaches then committed an act of forgery by drafting a document which was then signed by him in April. This document gave the impression that it was written in February when the work actually commenced.

Local residents build defences to protect their homes

We then published an article from Gran Canaria Info which explained recent developments into the goings on at Anfi.

http://gran-canaria-info.com/content/timeshare-law/anfi-del-mar-and-the-future-of-gran-canaria-timeshare-in-2017

This online publication is a great source of information to the expat community and visitors in Gran Canaria, it often publishes in English, news from the Spanish press.

letter from america

Moving on from timeshare matters in Europe we published a piece by Greg Crist, the CEO of NTOA (National Timeshare Owners Association) in the USA. He explained about a timeshare donation scheme which had recently been slammed by a US Federal Judge. In this scheme, owners donated their timeshares, which were valued at high amounts and then received tax relief as charitable donations. The scheme has cost the tax man around $19.4 million.

http://insidetimeshare.com/u-s-federal-judge-slams-timeshare-donation-scheme/

Greg again sent over information on what was happening across the pond, with the article about combating fraud. It was very much a month of information from the USA with articles from the Orlando Sentinel and Irene Parker on Marriott facing charges of “Racketeering”.

Irene Parker submitted another article, this time on how Barclaycards are being issued by timeshare sales staff. Irene was comparing this to the scandal of finance being arranged by sales staff in Europe without the normal due diligence being carried out. We finished the US theme with Irene´s article on timeshare and politics and how it is split between the two political camps.

The Anfi Tauro Beach project again hit the headlines with the news that the current Mayor of Mogan, Onalia Bueno has been place under investigation for licences and permissions for the project. This followed on from the first prosecution and is still underway.

Also published was an article on Trustees in the timeshare industry and whether they are independent or not. This article was prompted by several enquiries from readers, with some of the content supplied by them. legal clipart

So to finish the month, Canarian Legal Alliance announced another two Supreme Court victories on behalf of their clients. In the first to be announced on 26 October, their client will receive 11,806€ and their contract declared null and void. Again the court reaffirmed its position that floating weeks are illegal, this case was against Anfi.

In the second announcement made on Thursday 27 October,another Supreme Court ruling, again against Anfi. In this ruling the client has been awarded 19,000€ and again the judgement was about floating weeks. The contract was also declared null and void. This now brings the total of rulings from the Supreme Court in respect of timeshare contracts to a staggering 27, with more still waiting to be heard, so there is more of this to come.

Just as we were about to publish news came in of yet another victory at the Supreme Court in Madrid, this brings the total number of rulings from the highest court in Spain to a phenomenal 28, you can’t argue that this particular law firm is not doing what is says.

The latest ruling this time involves another resort, Palm Oasis / Tasolan, the court ruled the client was not provided with all the information required by law, this resulted in the court ruling that the contract was flawed. In this instance the contract was declared null & void with the client being awarded 10,608€ plus legal interest. It would seem the courts in Spain at least, are on the side of the consumer, it only now needs other countries to follow that example.

It now remains to see what November will bring, if it is like this month it certainly will keep Inside Timeshare Busy. Have a good Halloween night and enjoy the party.

haloween

More News from Across the Pond

With the US Presidential election now coming to a close over the next week, Irene Parker, who collaborates with Inside Timeshare on matters which affect timeshare on both side of the Great Lake (or Pond as our American friends call it), has sent in her most recent article.

It very much focuses on the political game that is affecting timeshare in the US, showing how it splits into Republican and Democrat, as she explained, the industry is very much pro Republican, the Trump camp, the Democrats seem to be supported by the timeshare owners. We should not be surprised by this.

Irene has very often commented on the documentary “The Queen Of Versailles”, the wife of the owner of Westgate, David Siegel. It shows the 90,000sq ft property they have been building as their home. It is quite staggering, with a walk in wardrobe (sorry closet), bigger that most homes in Europe. Irene has in many writings dubbed herself “The Peasant of Venice” in contrast to The Queen. Have to admit Irene does have a great sense of humour. Irene claims it’s not humour if one studies Polish and Russian history and the need for peasant uprisings.

Irene opens her article on the New York Manhattan Club, when the Democratic New York Attorney General Eric Schneiderman halted trading of timeshare. As you will see from her article, it is a very murky world indeed, the lines between timeshare and politics are blurred to say the least. Enjoy her article it reveals a lot.

Timeshare Battles Split Down Political Party Lines

October 26, 2016

By Irene Parker submitted to Orlando Sentinel

Democratic New York Attorney General Eric Schneiderman made headlines taking on presidential candidate Donald Trump and the Trump Foundation. Mr. Schneiderman claimed the Foundation did not meet certain administrative requirements necessary to receive donations in New York.

In addition to challenging Trump, Mr. Schneiderman has also taken on another developer and billionaire, Bruce Eichner, and Eichner’s Manhattan Club timeshare. Mr. Schneiderman halted timeshare sales at the Manhattan Club due to allegedly fraudulent sales practices involving a “bait and switch” scheme. Manhattan Club buyers learned there was a lack of availability for those who purchased memberships, while the general public could easily book online. A court battle that began in 2014 continues today.

The New York Post unleashed an onslaught of criticisms against Mr. Schneiderman accusing him of picking his fights based on political motives.

Republican Florida Attorney General Pam Bondi created her own headlines when she accepted a $25,000 donation from Donald Trump while considering whether to participate in a Trump University investigation. Her investigation was dropped after receiving the donation.

There is an eerie similarity between Trump U and timeshare sales, illustrated in an extraordinary CNN interview between Trump U salesperson James Harris and CNN investigative reporter Drew Griffin. Not all timeshare sales agents are predatory, but complaints about overly aggressive sales tactics abound.

In the CNN interview, Harris is accused of exploiting the elderly by selling them classes averaging $34,000 and then “up selling” them to attend more classes. In rogue timeshare presentations, an average timeshare week costs $25,000 and after the initial purchase, owners are barraged to purchase additional points or weeks.

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