Browse Month

July 2018

The Great Anfi Battle of the Partners Round 2

Back in March 2016, Inside Timeshare published the article The Great Anfi Battle of the Partners, this highlighted the long running arguments between the Lyng family and Santana Cazorla, the 50% partner in Anfi, who also controls the Board.

http://insidetimeshare.com/great-anfi-battle-partners/

It centered mainly around the disappearance 8 million Euros between 2012 and 2013, the diversion of these funds was apparently noticed  by the Lyng’s while a lawsuit was pending between Cazorla and Lopesan. This lawsuit revolved around a 14 million Euro debt, which Lopesan claimed was owed to them by Cazorla as they had bought the debt from the Cardenas family. This debt it is claimed was for the land which Cazorla purchased from Cardenas for the golf course and complex at Anfi Tauro.

Well the story has not ended there, round 2 is up and running.

Just recently the Spanish press has been running several stories on the continuing battle between Cazorla and Lopesan, it also involves the new head of the Costas, Rafael López Orive, who is facing charges of “Prevarication”. (For the full story on this click the link below).

https://www.elconfidencial.com/empresas/2018-07-22/anfi-canarias-direccion-general-costas-juez-investiga_1595609/

http://espiral21.com/santana-cazorla-demanda-a-ifa-por-fraude-en-la-compra-de-anfi/

In another twist in this long running dispute between the two major players in the tourist sector in Gran Canaria, Santana Cazorla has issued a lawsuit filed in June 2018 at the Mercantile Court in Las Palmas, involves Bankia, the public bank of the Spanish State and 6 million euros.

http://espiral21.com/bankia-rebajo-6-millones-a-lopesan-la-compra-de-creditos-de-anfi/

Apparently it looks like Bankia lowered the price for the purchase of credits from Anfi del Mar by Lopesan by 6 million euros and according to the lawsuit Cazorla states:

“Lopesan ha estado comprando créditos existentes contra las sociedades de Anfi y contra las empresas del grupo Santana Cazorla a diversas entidades bancarias”.

“Lopesan has been buying existing credits against the companies of Anfi and against the companies of the Santana Cazorla group to various banking entities.”

The situation between the factions is complicated and we will no doubt be seeing many more lawsuits and counter lawsuits being filed, this now begs the question, what does this actually mean for those members of Anfi?

When IFA Lopesan purchased their 50% share, it left many wondering where Anfi would be heading, would Lopesan if they do take full control turn Anfi into a hotel and do away with the timeshare model?

Looking at the history of Anfi and comments from members, since the Cazorla’s purchased their 50% share and took control of the board, Anfi has been seeing a slow decline in standards, a series of scandals and lawsuits, with the latest being the Tauro Beach Project. It must also be remembered that Anfi are also losing heavily in the courts for the past mis-selling of their timeshares.

What the future has in store for this once great resort, no one really knows, what we can say however is that it is going to be at a cost of millions of euros in legal bills, something the Anfi members should be very much aware of, yet we believe that they will as usual be kept in the dark and fed whatever “spin” Anfi can put on it.

https://www.abc.es/espana/canarias/abci-sandwich-holandes-lopesan-incordia-santana-cazorla-anfi-mar-201806210739_noticia.html

If you have any questions or comments on this article or even want to know if you have a valid claim to retrieve your purchase price and have your contract declared null and void, then use our contact page. Inside Timeshare will get back to you and endeavour to answer your questions and concerns with facts.

Tomorrow Friday’s Letter from America asks what the future holds for Americano Beach Resort after the hurricanes Matthew and Irma, this is from another new contributor Meryl Stefan, with the introduction by Irene Parker.

So join us for our last article of the week for more news and information on the world that is timeshare.

 

Marriott Admit Losing in Spanish Courts

On 7 July, Market Exclusive published an article reporting on the financial statements issued by Marriott. (See link at the end). After the preamble they began by announcing they had identified Fraudulently Induced Electronic Payment Disbursements”, which resulted in $9.9 million resulting from unauthorized third-party access to their email system. They duly notified law enforcement and relevant financial institutions, commencing an investigation.

They have managed to recover $3,2 million, but are hopeful they will recover the rest. Now this is just a start in their report.

They have also acknowledged they are recording pre-tax litigation expenses of $16.3 million, these are to settle in principle, two actions in their North American business with the Petrick action and an owners action brought by those with fractional interests at the The Ritz-Carlton Club, Lake Tahoe. It will also include actions by owners of Marriott timeshare interests in Spain.

The litigation on their Spanish business is a result of the laws Spain has brought in to protect consumers, this law known as Ley 42/98, was enacted in January 1999 and invalidated many timeshare contracts sold after that date.

Marriott, as many other timeshare operators believed, that by filing a deed of adaptation they would be able to continue as before, but they were sadly wrong. It took many years and court battles to get to the stage Spain is at now, the strongest timeshare laws in Europe.

Marriott Marbella

So what makes these contracts illegal?

Many timeshare operators continued to sell perpetuity contracts, when the law stipulates they should be of a minimum of 3 years and a maximum of 50 years. They also continued to sell the floating weeks and points systems, which gives the purchaser no actual rights apart from the right to use subject to availability. With the fractional ownership, the Supreme Court clearly regarded this as timeshare, as usage was dependent on a points system being allocated. Fractional was designed to “replace” timeshare with the promise of “purchasing shares and investing” in a real estate property, but again in Europe timeshare should never be sold as an investment.

We have seen over the past few years many other companies falling foul of this legislation, Anfi, Palm Oasis, Holiday Club / Puerto Calma and the Diamond run resort Cala Blanca in Gran Canaria, Silverpoint in Tenerife and a host of others all over Spain. Marriott is just the latest to be hit by timeshare owners becoming aware of the laws and finding they now have a way out of the never ending cycle of upgrades and maintenance payments.

Marriott, have also conceded that this litigation is going to cause them to incur considerable and “material and litigation” costs, along with the settlements and judgement costs. They have also admitted that it will have a severe effect on their results in the European sector and will have repercussions on their business and financial condition.

The one thing Marriott along with others in the industry are still saying, is they all disagree with these rulings, that the law as interpreted by the 126 rulings of the Supreme Court are wrong, they are seeking to introduce legislation “that will implement a more balanced approach”. More balance, or do they mean going back to when they believed they could not be touched and did exactly as they wanted.

Although they do go on to say the following “The timeshare laws, regulations and policies in Spain may continue to change or be subject to different interpretations in the future, including in ways that could negatively impact our business”. Negatively impact their business, well they only have themselves to blame, had they sold within the regulations, they wouldn’t have to worry about negative impact!

On this point of Marriott and others in the industry lobbying for a change in the law, this has now been set by the Supreme Court, the only way that the law can be changed now is for the Spanish parliament to pass new ones. This is very unlikely to happen, even if it were to happen, then we would end up with many years of court cases and appeals to the Supreme Court to clarify any new laws.

At present the law firm which is responsible for the clarification of the law with now 127 rulings from the Supreme Court, Canarian Legal Alliance, has many cases upcoming against Marriott. These cases are only now just starting to take place, CLA have at least 2 cases already presented at court with around 30 in the final stages of presenting to court. They are also looking into new clients cases, all these contracts are in perpetuity and use the point system, so this figure is surely set to rise.

On the point of the Supreme Court rulings, Canarian Legal Alliance began seeking clarification from the Supreme Court well over 7 years ago, they eventually received their first victory against Anfi in March 2015. This case involved the Norwegian client Mrs Tove Grimsbo, it was a long drawn out case, but the precedent had been set. Within weeks of this first ruling, many more followed, setting in stone the laws that for many years had been interpreted differently depending on the court and the judge presiding.

It will be interesting to see whether Marriott go the same way as Anfi, Silverpoint and others in constantly appealing against any rulings made against them, or will they just payout and cut their losses?

Only time will tell, we will certainly be keeping an eye on these cases.

Link to the original article:

https://marketexclusive.com/marriott-vacations-worldwide-corporation-nysevac-files-an-8-k-other-events-4/2018/07/amp/

Links to previous Inside Timeshare articles on Marriott:

http://insidetimeshare.com/tuesday-slot-irene-parker-marriott-racketeering-lawsuit/

http://insidetimeshare.com/starting-the-week/

If you need any further information on this subject, whether it be a Marriott, Anfi, Silverpoint or any other timeshare, then use our contact page and we will get back to you and point you in the right direction.

Have you been contacted by a company that tells you that you have a claim, and want to know if it is genuine and they are a legitimate company? Then contact Inside Timeshare for the facts.

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot, this week we welcome a new contributor Diane Creiger, with her article Elder Advocates, but first a quick update on the article published yesterday regarding Anfi Tauro Beach.

After publishing it became apparent that this news was still breaking in the Spanish press, with the publishing of more information regarding the demolition of the shacks and the company employed by Anfi to carry this out. Canarias Seminal published

“UN COMANDO DE BOXEADORES PENINSULARES VIAJA A GRAN CANARIA PARA DERRIBAR CHABOLAS (VÍDEO)”

(A COMMAND OF PENINSULAR BOXERS TRAVELS TO GRAN CANARIA TO DEMOLISH SHANTIES (VIDEO))

http://canarias-semanal.org/not/23270/un-comando-de-boxeadores-peninsulares-viaja-a-gran-canaria-para-derribar-chabolas-video-/

This follows from the El Diario article “Violento derribo de chabolas en Tauro”

(Violent felling of shanties in Tauro)

https://www.eldiario.es/canariasahora/sociedad/Violento-derribo-chabolas-Tauro_2_794790515.html

With following photo posted on facebook:

(These are the sicarios and godosjediondos of the business  DESOKUPA traids by Santana Cazorla and the government of the Canary Islands from Spain to curb the Canaries with their corrupt laws of eviction and appropriate the public domain ¡¡¡Espabilate Canario that you eat the jediondo godo!!!) (Apologies for the translations)

I just wonder how all the members at Anfi feel that their “club” is a party to this type of behaviour?

Now on with today’s article.

“They told us if we did not give up our deeded timeshare, our children would be sued and their credit would be ruined. I recorded the presentation.”

A frequent timeshare member complaint, reported by our readers, concerns faulty estate planning advice given to members concerned about passing on a timeshare liability to their children and heirs. Members say they are told their children will be responsible for the timeshare unless they give up their deeded timeshare and buy timeshare points. Timeshare members should receive estate planning advice from their estate planning lawyer, not from timeshare sales agents. Irene Parker  

By Diane Creiger

July 24, 2018

I am writing to let seniors know how financially devastating a timeshare decision can be. I am 74 years old and my husband Tom is 77. We bought Diamond points only because we were repeatedly told our heirs would be responsible for maintenance fees if we did not give up our deeded timeshare. We have learned this was not true. We were given false estate planning advice.

In Branson, June of 2014, our sales agent Kimberly told us three times, “Your children will have to take this timeshare whether they want it or not.” I had asked what would happen if our children could not pay the maintenance fees. Kimberly said our children would be sued and their credit ruined. I recorded this in-person presentation in Missouri on June 18, 2014. In Missouri one party recording is allowed. Kimberly was very threatening.

On the recording, DRI sales agent Kimberly states, “The HOA companies want their maintenance fees and they say this will go to your kids whether they want it or not.” I asked, “what if they can’t pay it?” Kimberly replied, “Then the HOA has the right to sue your children and ruin their credit. If you have a deed, which you own, that’s what we are looking at here today. That’s the difference between Diamond and what you have.” She repeated, “If your kids don’t want this, they still have to pay the maintenance fees on it, regardless. This will be willed to them whether or not they want it. Your kids do not have a choice.” That sounded pretty threatening to us.

We did not buy then, but worried about the liability we would pass on to our children, we purchased 4,000 vacation points later in Florida, only for this reason. The Florida sales agent told us the same thing.

I learned this was in no way true in our situation, but now made worse because we used a credit card to charge the purchase. This debt could complicate our estate settlement. In other words, we had no estate problem, UNTIL we gave up our deed. With a credit card liability, the settlement of our estate could be jeopardized by this outstanding debt.

I reached out to Diamond Resorts Consumer Advocacy, Diamond CEO Michael Flaskey, Diamond’s PR Firm Prosek, Barclays President’s office, the National Timeshare Owners Association, the Better Business Bureau, the Florida Attorney General’s timeshare division, the Florida Attorney General’s Senior vs Crime Project, and AARP. The Senior Sleuths never responded. There seems to be no timeshare enforcement. We feel trapped. Everyone responds, “You signed a contract.”

After numerous attempts to resolve our dispute, I received an unusual call from a Mr. Edward Florez. Mr. Florez stated his department was recently set up, and his job recently created, because Apollo Global Management wanted their customers to have the best customer service available and that is why they created his office. Mr. Florez said he had been a police officer for 20 years. He said he wanted to help me. I was informed our account is now a corporate account and we are to deal only with him. Mr. Florez allowed me to record our call, which is a first. He was very explicit that we should not go to any more timeshare updates, unless we wanted some particular gift. He said there was no reason for us to experience so much pressure.

I told Mr. Florez that six different salesperson had told us about the problems our heirs would experience inheriting the deeded timeshare we owned before Diamond acquired our resort. Mr. Florez agreed this was not correct. He said that there may have been a few sales people who needed to be brought up to their (Apollo’s) level of customer service.

I asked Mr. Florez why our maintenance fees had increased $500. He said this was an “impact” fee that occurs when a deeded owner gives up their deed. I said that would mean our maintenance fees should not go up because of this being a one time fee. He laughed and said “I will never say that.”

I then became a little forceful and told him I was thinking about writing some articles, and writing letters to AARP, DoJ, and Consumer Affairs. I told him that the senior community needed to be warned and the Department of Justice needs to look into the timeshare industry. There was a lot of stuttering on the other end of the line.

Diamond’s CLARITY program is about Diamond members receiving clear, concise, accountable, transparent information. We received the opposite of accountable and transparent information.

As a last resort, I reached out to Apollo Global Management. After contacting Apollo, I received a call from Diamond corporate within an hour. I was encouraged, only to be told no one will talk to me anymore. I was informed I must send my complaint snail mail to Diamond’s corporate office from now on. I feel like I have been sent to the Principal’s office.

We feel our Diamond Orlando sales agent Randy used deceptive tactics to coerce us into giving up our deeded timeshare by telling us the following:

  1.  Randy said if we did not give up our ILX (Arizona) deeded timeshare our heirs would be responsible for maintenance fees. We had heard sales agents at five prior sales presentations make this same claim.
  2. Randy told us that once we had completed and paid for our Diamond purchase we could walk away from Diamond at any time with no repercussions. No misunderstanding here. I asked this question pointedly.
  3. Randy said our current maintenance fees were much too high. He said our maintenance fees may not go up if we converted to points. Randy explained that this was because our deeded week was in a small pool. He said points are in a much larger pool which serves to dilute the fees. After we converted to points our maintenance fees went from $2,000 to $2,500.
  4. When I asked Randy about the $500 increase in maintenance fees, he just said we could deduct the fees on our income taxes. When I told him the IRS doesn’t allow maintenance fees to be deduction, he replied, “Well, many people do it.”   
  5. After signing a few papers, we were directed to the office of a DRI QA agent. She had us sign numerous documents electronically which we could not entirely read. We signed in a master block, and then were told to tap the blank blocks. One of the blank blocks stated that Diamond could not raise our maintenance fees more than 25% per year. We could not read this until we reviewed the hard copy after we returned home. We would never have signed a document that allows maintenance fees to be raised by 25%.
  6. The initials on the documents are not mine. My initials are DMC, but the contract shows DMN.
  7. When we told Randy and the QA agent that we were electronically inept, they suggested we attend a training class on the use of the Notepad. We received a letter stating we were to attend a “New Member Orientation” at Cancun Resort in Las Vegas. We incurred the expense of the airfare to Las Vegas, in addition to other expenses. When we showed up for our orientation we were told there was no such thing as a New Member Orientation. We were furious. All they did was try to sell us more points.  

We have not used any of the Diamond points we purchased. We have asked Diamond to return our $16,000 that we paid for 4,000 points. We are even willing to forfeit our ILX deed for which we paid $19,000 to get out of this nightmare.

When Diamond calls us, they record the call, but when I ask if I can record the call, I have repeatedly been told no. This is very intimidating, especially to seniors who feel they have been victimized. They say it is against company policy.

I had the opportunity to sit on a federal grand jury from January of 1999 until June of 2000. I understand the patience and determination it takes to get to the bottom of a situation and to seek justice. I will not give up. I have learned we are one of many seniors who bought Diamond points and were told if we didn’t give up our deeded timeshare our heirs would be responsible for maintenance fees.  I have joined our Diamond member sponsored Facebook.  

In my complaint I included:

If the decedent left a will and named you as a beneficiary and you decline the bequest, most states treat the event the same as if you had predeceased him. The executor must probate the will as if you had died and were no longer available to accept your inheritance. Your bequest will then revert back to the estate. info.legalzoom.com/happens-someone-refuses-accept-inheritance-21217.html

We also had a terrible experience in Sedona at Los Abrigados. They put us in a handicap unit, which we didn’t need. The room was dirty with the contents of a broken colostomy bag that had dripped 15 feet across the carpet. We took pictures. They would not accommodate us with other lodging. We had our children and grandchildren with us. All they did was put rugs or runners over the carpet until the next day when they cleaned the carpet. They only refunded our points after we complained.

Florida’s Seniors vs Crime project, Senior Sleuths never responded.

http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

Thank you to Diane for sharing her experience and becoming our own Senior Timeshare Sleuth, volunteering her time to assist other seniors who feel they have been victimized by timeshare sales agents. We look forward to future articles.

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

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

https://www.aarp.org/aarp-foundation/our-work/income/elderwatch/report-fraud/

Thank you Diane, we hope to read many more from you, but I am sure that this will hit home to many of our readers.

Tomorrow we will be publishing the article about Marriott and their report to shareholders, which also highlights the fact that they are facing a plethora of lawsuits in Spain with a substantial amount set aside to cover the costs of this.

If you have any questions or comments on any this or any other article published, or just need information on a company that has contacted you, then use our contact page and we will get back to you.