Browse Month

December 2016

2016 End of Year Review

So here we are at the end of another year and what a year it has been, it started with the relaunch of Inside Timeshare, bringing you truthful information and news you would otherwise not get.

One of our first articles explained what fly buys are, the fact you would get a cheap holiday but be subject to attending a presentation. At this you would be pitched a holiday product of some sort, be it a holiday club or timeshare. The article also warned of the pitfalls of not attending the presentation, either being charged the full accommodation price and in many cases being removed from the resort.

We also highlighted many “scams” that timeshare owners have been subjected to over the years including many new ones. The latest being the article on Litigious Abogados (see links). We also showed how some of the so-called resale companies operate, giving you the reader the information to make an informed choice.

http://insidetimeshare.com/1059-2/

http://insidetimeshare.com/litigious-abogados-update/

http://insidetimeshare.com/litigious-abogados-latest-information/

CLA Logo

Another theme Inside Timeshare published was the on-going woes of Anfi, the first article titled: “The Great ANFI Battle of the Partners”, explained the story of the two partners in the Anfi empire, the Lyngs and the Cazorlas. We then published the story of legal history being made with the very first Supreme Court ruling, this was the case of the Norwegian lady, Mrs Tove Grimsbo and her battle with Anfi. The case was brought on her behalf by Canarian Legal Alliance.

Since that auspicious occasion, Canarian Legal Alliance has gone from strength to strength, securing 36 rulings from the Highest Court in Spain, 29 of these have been against Anfi. Others have been against Tasolan / Palm Oasis and Holiday Club Puerto Calma, with the ruling against Puerto Calma confirming the Fractional did indeed come under Timeshare Laws. This resulted in around 243,000 Euros being returned to a British client.

There have also been 24 High Court and 21 Local Court rulings against various timeshare companies including Resort Properties / Silverpoint and Club La Costa. Some of these Courts have been in Maspalomas, Arona, Barcelona and Fuengirola. There are approximately 800 live cases in various courts and over 2000 clients. The total claim value is around 80 million Euro, with 117.208.00 Euros reclaimed per month, there are on average 2 to 3 cases per week being heard.

(These figures are what we have on file, there have obviously been more cases, but we have yet to receive an update).

This is certainly an impressive achievement by this law firm, who has in the past suffered from some very negative press instigated by the industry itself. Inside Timeshare congratulates the whole team at Canarian Legal Alliance, including the clients who in some cases have waited years for these results.

Another series of articles have been about MacDonald Resorts and the ongoing battle of Mrs B, now known as Mrs Price. It is a case that has riled us at Inside Timeshare, who are fighting on her behalf. The story revolves around MacDonald Resorts refusal to accept that she no longer owns a timeshare at Dona Lola in Spain, continuing to harass this 87 year old via a debt collecting agency Network Credit Services. This harassment has included threats of court action to recover a debt that is not owed, this case has been referred to the Financial Ombudsman Service. Inside Timeshare will continue to highlight this case until MacDonald Resorts abandon the chase for money. It must also be noted that the RDO, which is the industry trade body has also washed their hands of this company.

In the April article “The Resurrected” a warning was issued about an old company from Fuengirola had come back to life. It is the story of Ramirez and Ramirez, who several years ago were very active in deceiving many timeshare and holiday club members out of thousands for bogus claims. It must be said that very little has been heard of them since.

Mark of excellence

We have also had a few light hearted moments, although they did come with a serious message. In the spoof article “A New Member to EGTBW”, it explained about the trade bodies for the timeshare industry operate. This was extremely fun to write and gave many people a good laugh, the only problem was that it was actually based on fact.

http://insidetimeshare.com/new-member-egtbw/

Back in July we started to publish the ongoing story of the Tauro Beach Project, the fact that irregularities had been uncovered and an investigation had been started by the Guardia Civil Nature Protection Service (SEPRONA). As the story unfolded the Head of The Canarian Coastal Authority had been dismissed and is now awaiting trial for wrong doing in public office and forgery of official documents. Then in August we published the story of the local inhabitants and their homes being flooded, this instigated further investigations which also include the local mayor. The story continues. (search Tauro Beach for further information).

We also teamed up with Irene Parker in the United States, she has provided some valuable information and interesting articles on the world of timeshare across the Great Lake. Below is her latest article.

What Timeshare Owners Can Look forward to:

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?

round-table

Westgate

“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 suing Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices.

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

Attorney Douglass 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 Racketeering

“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

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.

holidays-are-hereI 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. Human leverage and a clearinghouse of information exchange is the answer.

inside final small

So that is the end of 2016, we hope you will join us in 2017 and also help us to get the news out to others. Without your information many of the articles, particularly on possible scam or bogus companies will not be published. So from the Charles and Irene, we wish you a very happy and prosperous New Year.

happy-new-year

ANFI: Resale Vs On-site Purchase

Inside Timeshare has recently received many enquiries from readers regarding Anfi Resales, which have been private sales either through resale companies, ebay or advertised in newspapers. Would they be better buying those rather than direct from Anfi?

 

As we know, timeshare does not have a great resale value, which many owners who have paid upwards of £15,000 for a basic week have found out. With this also comes very hefty charges for maintenance, which tends to rise each and every year.

 

For those who have purchased privately for very low amounts they have found they do not qualify for any of the benefits which Anfi add on for those who purchase on-site at Anfi. These services such as the Anfi Vacation Club are included in the price when purchasing direct from Anfi, they are not free as many have been led to believe. It is also the case the annual fees are higher for these purchases than for the resale weeks, as these services will be included in the annual fees.

anfi-resale-pageWhat are these so-called benefits?

As a purchaser through Anfi Sales the following are part of the package:

  • Anfi Vacation Club Membership (this allows for internal exchanges)
  • Club and week exchanges (again internal exchanges)
  • RCI Worldwide Exchanges (You can join RCI privately and exchange through them)
  • Springfest 2 for 1 offers (very few and far between)
  • Bonus Weeks (available through RCI anyway)
  • Being able to bank or save weeks (Bank through RCI anyway)
  • Members week offers (never available)
  • Rental programme (only when available, very rare)
  • Anfi buy-back (only when available, very rare)
  • Discounts for on-site services (Restaurants, bars etc, prices are higher than off the resort anyway)

As you can see from the above, you are not actually getting anything for the higher price that you pay when purchasing direct.

Below are some examples of resale weeks advertised either privately or by resale companies.

These four are or have been posted on ebay and Timeshare Hypermarket, what needs to be remembered is that these prices are what the seller believes they can get, most of the time they will sell for a great deal less.
anfi-hyper-1

anfi-2-bed-ebay

This is taken from a Norwegian resale website, a penthouse for week 3, sleeping 6. The price at the current exchange rate is 14,000€ this would sell on-site for upwards of 45,000€

Again this is the price that the owner and the resale company have agreed they believe they can get.
anfi-penthouse-norwegian

These two are advertised on a German resale website, Anfi Beach Club would sell for upwards of  15,000€, Club Monte Anfi for more. Again the prices shown are what the resale company and owner believe they can get, they will more than likely sell for a lot less.
german-anfi-2

So to answer the question is yes you are better off with a resale week, you can join RCI directly and receive the benefits of exchanges through them, purchase the bonus weeks that RCI offer, usually at a better price than Anfi would offer.

As for the so-called discounts, try going off resort to places like Patalavaca and Arguineguin where there is a wider selection of restaurants and bars at much more reasonable prices.

Then when you eventually decide it is no longer for you, you will not be making such a loss as the person you purchased from.

Remember the cost of the timeshare from any resort will always be more than it is actually worth. They do after all have large overheads like the sales staff and marketing costs, these are the bulk of the price that you pay. So if you can pick up weeks for as little as 1500 € which means Anfi over prices the weeks by 90 % ….which is also the reason why the maintenance fees are so high.

 

What’s Right about Timeshare?

A Holiday Spirit Look at the Industry

By Charles Thomas and Irene Parker

December 19, 2016

car

In the Spirit of the Season, Charles Thomas and Irene Parker would like to thank all our readers. Charles is a former timeshare sales agent and I am a veteran timeshare owner. We each have our stories about timeshare to tell.

Charles:

We have both over the past few weeks written numerous articles about the woes timeshare owners have been facing, some have been out and out horror stories. The story of Mrs Price and MacDonald Resorts has featured prominently over the past few months, this has still not been concluded. Other stories have highlighted the minefield of resales or as they say in the States the secondary market, another aspect has been the bogus law firms and claims companies that prey on those who wish to get out of their timeshares. Another theme has been about the sales agents and the methods employed to secure “the sale”.

I have personally been involved in sales side of the industry, having worked for several companies in the past, I was aware of the pressure that many sales staff are under to get the sale. The misinformation they are forced to give, if they didn’t hit their targets, they lost their job. In some cases if they were in company accommodation that meant they were on the street and homeless, usually in a foreign country.

But it is not all doom and gloom, there are some owners who are very happy with what they have, for them it works well, a case in point are friends of mine, Kim and Andy. They very kindly wrote their story on their timeshare experience for publication. There is also a Facebook page called International Timeshare Appreciation Day, which is held on 1 November. (see links)

There are also some very good timeshare companies out there, who do sell with ethics and morals. They also put their members first, with excellent customer service. These are the ones we never hear about. Two in Europe are Hapimag of Switzerland, whose members are predominantly Swiss and German, the other, is one that you tend not to associate with timeshare, Butlins, who have their Blue Skies membership. In all the research I have done, I have never come across a single complaint about either of them. Maybe others need to change to their model.

http://insidetimeshare.com/happy-owners/

https://www.facebook.com/InternationalTimeshareAppreciationDay/?fref=ts

Irene’s story:  One day, in 1984, my fiancée told me he bought a timeshare. Little did he know it was owned by the Mafia.  Timeshare owners always receive notices of annual meetings, but shortly after his purchase, we received an invitation to Holiday Shore’s annual meeting encouraging us to attend because our deeded fixed week timeshare was scheduled to be auctioned off on Tuesday at 3:30 PM on the step of the Sheriff’s office.

It was the first and last timeshare annual meeting we ever attended. Holiday Shores is located in the Missouri Ozarks and was a popular vacation spot for the Mafia.

There was not enough room for all of us at the scheduled location, so we all moved to the church where we managed to get a seat in the rafters. The resort’s timeshare attorney dramatically rolled out a scroll that flew out about 20 feet as he explained the Bennett family of New York was putting a lien on the property as the construction company had not been paid by their cousins who owned the resort property.

Fortunately for us, Jim Marshall of Marshall Missouri was an owner and a state representative.

The story has a happy ending because, thanks to Mr. Marshall, our timeshare was taken over by the owners and the resort lived happily ever after. It’s still there.

The moral of the story is that owners can make a difference.

Timeshares are not all bad. Twice we exchanged our timeshare through RCI and did not return home because we bought a house at the exchange location. We moved to Hawaii because of that every year trip to our Maui Hill timeshare and my stumbling onto a job opening the first Edward Jones office on the Big Island called Hawaii.

After nine years in Hawaii, we exchanged our Port Elsewhere week in the Ozarks for Petoskey Michigan and bought a house while on vacation. It worked until we realized moving from Honolulu to northern Michigan wasn’t all that smart, but the place is really pretty in August. Tired of white out roads, we exchanged Port Elsewhere for Cave City, Kentucky at Diamond Caverns (no relation) at Mammoth Cave. Again we bought a house.

This prompts our kids to pause when we tell them we are going on vacation and ask, “Are you coming back?” We’ve become known as the Prodigal Parents.

We look forward to continue our battle fighting for timeshare reform; a better secondary market, less deceptive and less aggressive sales practices, but for now we wish you a

Merry Christmas and a Happy Holiday Season.

A Christmas Present Complement to Disney from Timeshare Attorney Mike Finn

He’s never had a Disney timeshare client.

The End

children

 

Both Myself and Irene wish all our readers in Europe, The United States and beyond and very Happy Christmas and a prosperous New Year.