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Consumer advice

Start the Week: Trouble with the Silverpoint Rental Program Agreement

For sometime Inside Timeshare has been reporting on the “Company Participations and Rental Agreement” sold by Silverpoint. As we already know this product was rolled out to replace the discredited “Investment Weeks” product sold originally By Resort Properties then under the Silverpoint banner, again this product is subject to many court cases which are being found in favour of the clients.

It now appears that Excel Resorts and Hotels SA are distancing themselves from Silverpoint at an alarming rate, we already know that Excel has informed clients of the “Company Participations” that they are no longer working with Silverpoint and this is causing alarm among those who have purchased in this expensive and elaborate product.

The latest news has been coming in over the weekend from many regular readers of Inside Timeshare who have purchased this product, it comes in the form of an email from Excel Resorts and Hotels SA, the company which manages the resorts. Under the agreement entered into with Silverpoint Vacations SL, Excel undertook to operate the assets of the “Company Participations” guaranteeing a return of 4.5% of the corporate income until “apartments” are converted to accommodation units.

So far this year it seems that no one has received any of this income, according to the letter Excel state that “owing to the economic and financial situation” Silverpoint has been unable to honour the agreements during 2018.

In their email, Excel Resorts have stated that they will be calling for an AGM to allow “shareholders” to vote on new contracts and conditions.

Within days they announced a date for the “Shareholders’ Ordinary General Meeting” being held on 12 June 2019 at 9:40 am at the registered office of the company.

The Agenda:

  1. To review and approve, as appropriate, the Company’s Financial Statements relating to the year ended 31 December 2018.
  2. To decide upon the application of the results for the year ended 31 December 2018.
  3. To approve the management of the Company for the year ended 31 December 2018.
  4. The Rental Program Agreement entered into with “Silverpoint Vacations SL” and decisions to be taken on this. Analysis of proposals and contractual alternatives for the holiday rental and decisions to be taken on this. To authorise, where appropriate, the sole director to enter into, on behalf of the Company, the contractual proposal which may ultimately be approved, even if impinging upon the figure of self-contracting, double or multiple representation.

Well, not sure about you but it doesn’t look very promising for those who purchased into this scheme.

For those who are unable to attend excel have also sent forms to sign to allow a proxy to vote on your behalf. Very kind of them, but the named persons are actually employees of the company, so we just wonder who the vote will go in favour of, certainly not the “shareholders”?

It would also appear that assets and funds are being tranferred to many offshore companies and accounts, is this an attempt to hide everything because of the number of court cases, we can reveal that moves are already being made to identify all companies, accounts, persons with significant interest and control.

This has already shown the links to all the companies, which one ownes which, who ownes what and who is ultimately the main character of interest. As they say there is always a paper trail which can be followed.

It has also been revealed that Limora Investments Ltd, a British Virgin Islands-based resort owner on Friday asked a New York bankruptcy court to give Chapter 15 protection to its U.S. assets while it investigates what it called “misconduct” by members of its management team.

From enquiries made it would also appear that this company is very much linked to Excel Resorts and Silverpoint.

The company began insolvency proceedings in the British Virgin Islands in February after discovering “unusual” cash flow problems with the subsidiaries that manage its flagship Spanish properties. Limora has more than 100 subsidiaries with interests in resorts, timeshares, hotels and other businesses in the United Arab Emirates, Spain, the U.K., Singapore, Thailand and the U.S.

The company also stated that its primary source of income is resorts and timeshare in Spain and that in the mid-2018 their Spanish subsidiary had been requesting emergency funding. So along with what we already know about Silverpoint and Excel with Excel Overseas Holdings filing for liquidation, our enquires are just being confirmed.

With what we already know but are unable to publish yet, time is of the essence, especially with the upcoming AGM, we very much doubt that any decision will be infavour of you the clients.

So if you have purchased any product from Silverpoint especially the Company Participations Scheme, or the Excel Overseas Lodging Rental Program and you would like to know how you can get back your “investment” along with having the contract declared null and void, use our contact page and get in touch.

Litigious Abogados Family: New Names Added

Over the past few years Inside Timeshare has been reporting on the changing names of “FAKE” law firms based in Tenerife. We have dubbed them The Litigious Abogados Family, a family that has been growing at a very fast rate, with a new name and website every three to four months. This obviously keeps them one step ahead of the authorities.

The latest incarnations are just a couple of months apart, with the Legalizalos website registered on 14 March 2019, with an expiry date of 14 March 2020, the registrar of the website is again hidden by privacy protect.

According to the home page, the company was founded on Tuesday 30 May 1989, by Manuel Lamaconio Congana with the CIF Number A87531643 which again appears to be a fake as it does not come up on any searches.

Manuel Lacaconio Congana

They also show the usual photographs of lawyers and contact staff, along with some very dubious looking names, Jeromat Golebat Garcia, Juan Colabat Florevo, Armando Suletare Dolenas and Alejandra Olada Volindat.

Then on the 5 May 2019, the next in the family appears, Legal Izalos, with the website

Again, the website was registered on 5 May 2019, with an expiry date of 5 May 2010 with the registrant again hidden by privacy protect.

Both websites are the same from layout, logos names and photographs of the “lawyers”, also the same is the CIF Number A87531643, along with the founder Manuel Lamaconio Congana who set up the firm on Tuesday 30 May 1989.

Both are also using the same address: Calle Dr Miguel López González, Número 4 38003 Santa Cruz de Tenerife, along with the same telephone number 0034 822 686 029 and email address:

[email protected]

which is not linked to the website but is from a free email address provider.

There is no need to go through the pitch as it is the same one we have reported right from the start, but again it sounds very convincing with the consumers timeshare company about to go to court. This once again is backed up by some very convincing documents including very good fake court documents.

One thing we do know the outcome will be in the consumer’s favour and they will be awarded a huge amount by the court, they will then have to pay “TAX” to have the money released. This will be a cheque posted to them from Tenerife, but we do know from experience that the envelope will be open and the cheque missing.

In comes the next company, who are investigating the missing cheque, which, just happened to be “cashed” by a gang of either Ukranians, Romanians or some other East European gang. Oh yes, there will be an upfront fee for this to happen, as if it will!

Below is a list of names for the law firms and procuradors which have been used.

  1. 24hnotificaciones                                                                      
  2. Abogacia Española                                                                    
  3. Abogados Abel Garcia                                                              
  4. Amador Ganeca – Amador Juandoz Ganeca     
  5. Abogados AG – Armando Gonzalez Areca                           
  6. Abogados Amable Garcia                                                        
  7. Abogados Canarias                                                                   
  8. Abogados Galvera                                                                     
  9. Abogados Litigacion España – JDD                                       
  10. AG Abogados                                                                              
  11. Alberto Kalimro Galvera Abogados                                       
  12. Alberto Diendro Nabalez – Litigacion España                     
  13. Alberto Rogalvera                                                                      
  14. Alejandro Omross Procuradores                                            
  15. Amador Galeca Abogados                                                        
  16. Amador Ganeca                                                                          
  17. Amador Malodan Galeca                                                          
  18. Angel Alarcon Prieto Notario                                                  
  19. Armando Gareca Abogados                                                     
  20. Auxiliar Lawyers                                                                        
  21. Auxiliares Lawyers                                                                    
  22. Auxilium SA                                                                                
  23. Bulganu & Valentin Asesoria                                                  
  24. Carlos Igraim Procurador                                                        
  25. Carlos Ingramo Procuradores                                                
  26. Carlos Imgran Procuraduria                                                   
  27. Darstun Jilmo Davida Procurador                                        
  28. Davido Thursta Procurador                                                    
  29. Daniel Marco Yariz Procurador                                             
  30. Elias Elisa SA                                                                             
  31. Elinabeta Yessica Elierz Procuradores                                 
  32. Elisabetta Olias Asesoria                                                        
  33. Embalori Abogados                                                                 
  34. Emilio Leyes Catillianos                                                         
  35. European Union Complaints                                               
  36. EU Litigation Services                                                           
  37. Fernando Holaci                                                                     
  38. Ivana Birka Asesoria                                                              
  39. Jessica Kiegle Procurador y Notario                                   
  40. Juan Luis Partalabo Lawyer                                                
  41. La Litigacion Española                                                          
  42. Legalidad Abogados S.A.                                                       
  43. Legalidades Abogados                                                            
  44. Legalidades Tenerife                                                               
  45. Legitimous – legitimos Abogados                                         
  46. Litigacion abogados                                                                
  47. Litigacion Espana SL                                                              
  48. Litigaciones SL                                                                        
  49. Litigar Abogados                                                                    
  50. Litigious Lawyers -Litigious Abogados                             
  51. Luca Linder Trust                                                                  
  52. Luna Kinden Asesoria                                                          
  53. Manuel Amas Conde                                                            
  54. Manuel Cilavoz Varintos – Varintos Abogados               
  55. Manuel Diralam Abogados                                                 
  56. Manuel Hidualdo Abogados                                               
  57. Marco Cravina Asesoria – Marco Carvina                        
  58. Marco de Ciocci Translator                                                 
  59. Marco Gravinal Procurador                                                
  60. Miguel Mesa Martinez                                                          
  61. Miguel Mesa Montoya                                                          
  62. Nabalez Abogados – Alberto Dilendro Nabalez              
  63. Notario Yari Marca S.A.                                                       
  64. Owners Association                                                              
  65. Paulo Finucie Asesoria                                                        
  66. Paulo Morris Asesoria                                                          
  67. Poveda Lawyers                                                                     
  68. Procurador Ramon Juanco Comez                                    
  69. Procurador Ramon Josardo Golmerz                               
  70. Procuradores Alexander Bowross                                      
  71. Procuradores Comerz – Ramon Juanca Comez              
  72. Procuradores Golmerz                                                         
  73. Procuradores Gomerz – Ramon Josema Gomerz           
  74. Procuradores Gonzalez – Alfonso Emilio Gonzalez        
  75. Procuradores Igraim- Carlos Rihom Igraim                    
  76. Procuradores Omross – Alejandro Omross                       
  77. Procuradores Salinas – Miguel Salinas Procurador      
  78. Procuradores Raya – Miguel Earas Raya Procuradores  
  79. Procuradores Tabreul – Abel Deraza Tabreul                   
  80. Procuraduria Carlos Gregorio Ingramo                             
  81. Ramon Mesa Gorrin                                                              
  82. Ricardo Zanino Asesoria                                                       
  83. Roberto Arturo Sanson Abogados
  84. Rodrigo Hoya Asesoria
  85. Simone Mesa Martinez Abogados       
  86. Simone Meza Mendez                
  87. Thirstun & Robi Claims Asesoria  

This is a very sophisticated and well planned out fraud, the constant change of names and websites make it very difficult for the authorities to trace the perpetrators and so it continues. The use of official logos, registrations, very good fake court documents and the great story with the promise of receiving huge amounts are all very convincing, so convincing many have been taken in. Unfortunately they have later found that they have been subject to a very clever scam.

For the full history of all these “FAKE” law firms and procurators, use the search box and type in Litigious Abogados, this will bring up every article where they have been mentioned. As you will see they go back at least 3 years.

Remember do your homework because


The Tuesday Slot

Welcome to The Tuesday Slot, today we welcome another new contribution from the Valdibieso Family, with their “Nightmare on Timeshare Street”. These features are becoming all too commonplace, so it does beg the question, When will the industry take note and change?

Our very own Irene Parker has reported that the Platinum Protestors, protesting out front of Diamond Resorts Cypress Pointe Resort in Orlando over the weekend, especially on Sunday, had a steady stream of horn honks, thumb’s up, and members who talked about their experiences, and many who asked questions about their concerns. On Friday, May 17, they protested outside the Florida Timeshare Division. One person who works inside the state facility, who asked not to be identified, suggested they protest every Friday. Unfortunately, since the protestors live in NY and AZ, it would be difficult to commute. All in all, it was a major success. A full report will be presented in Friday’s Letter From America.

Don’t Buy a Timeshare Without Checking Good and Bad Reviews

By the Valdibieso Family

May 21, 2019

Our nightmare began after we purchased a Sapphire Resort timeshare in Las Vegas in October 2017.  From the start, our timeshare experience has been one of anger and frustration.

We have joined efforts with Vanessa Hernandez who purchased a Sapphire timeshare the day of the Las Vegas mass murder. Her article is linked below. Vanessa was uncomfortable after signing her contract, so planned to review her contract that evening, but attended the concert that devastated her life. She could not even get out of bed for a long time due to the trauma. Even a horror like witnessing a mass murder did not move Starpoint Sapphire to cancel her contract, despite reported misrepresentations.  

I found 221 Starpoint Sapphire complaints on file with the Better Business Bureau, in addition to a host of complaints on other complaints sites. Starpoint has an A+ BBB rating. The BBB basically assigns a rating on how efficiently a company handles complaints. As you can see, Starpoint Sapphire is quick to respond that you signed a contract so you’re stuck.  

https://www.bbb.org/us/nv/las-vegas/profile/resort/starpoint-resort-group-inc-1086-66568/complaints#176983305

Vanessa and I have joined forces to get the word out to let others know the timeshare you buy is worthless if you need to sell it. Not only is it worthless, it is accompanied by rising maintenance fees. I know of no other product that holds the buyer hostage, making sure they stay vacationed or else.

This is the link to our Facebook:

https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2Fgroups%2F292083584642570%2F%3Fref%3Dshare

Join our consumer protection efforts. If you bought a timeshare and are happy with it, we understand. Not all sales agents are deceptive. We intend, like so many other timeshare buyers who feel they experienced unfair and deceptive sales practices, to build our Facebook group and start a RedWeek and Timeshare Users Group thread.

Until the timeshare industry wakes up to the fact that they are financially destroying family after family by allowing unfair and deceptive sales practices, and restricting the secondary market to the extent you can’t dispose of it, consumers will be harmed. Publicly traded timeshare companies even warn their stock investors that a secondary market is a risk to THEM. What about us?

Our Timeshare Nightmare

Our Sapphire sales presentation dragged on for hours. To seal the deal they offered us a free trip to Hawaii or Cancun but said we had to sign quickly because they were only giving one free trip to our group.

After we signed a contract, something didn’t feel right. We decided to cancel the contract. When we talked to them about cancelling, we asked how the timeshare could be transferred to someone else and – boom! That’s when we found out about maintenance fees and all the fees that would be needed if we wanted to sell the timeshare. They also informed us that if we could not sell it, we did not have the right to cancel. None of this was mentioned in the presentation. A company representative suggested we put it on Craigslist and hung up. We have tried to contact Sapphire, to no avail. They could care less about misrepresentations.

We were told we would be allotted 5,000 points annually that would allow us to go anywhere. This was not the case. The Sapphire points are not good everywhere. They can only be used at certain places and then only thru RCI. This was crazy because I did not even sign up for RCI. When we attempted to reserve a stay, we were informed that our points would expire on July 10, 2018. We could roll them over, but we could only roll them over one time. The points eventually expired.

All the locations listed in a book that was given to us required over 5000 points. We were also informed we could purchase trips for only $269. That was not the case, because again, we could only book through RCI and they have different rules. This had not been explained.

The free trip to Hawaii turned out not to be free. The sales agent failed to mention all the fees that we would have to pay, or that we would have to fly out from a specific airport, one we did not have easy access to. We would have to pay for plane tickets to the required airport and back. The free trip to Hawaii was what eventually sold us. If we knew about the costs associated with the “free” trip, we would not have signed the contract.

We have never used our timeshare.

This has literally been one of the worst experiences we have ever had in terms of deception and aggressive sales tactics that seem geared to wear you down. They brainwashed us and have caused our marriage to fall apart due to the stress of this purchase.

Only false promises accompanied our purchase.

Excerpt from Vanessa’s Starpoint Sapphire Resort article

October 30, 2018

To be honest, I don’t remember as much as I’d like about the purchase of our Starpoint timeshare October 1 of last year. That night Rogelio and I went to the concert that flipped Vegas upside down. We hid and ran for our lives, hoping to make it out alive. Thankfully we did. We cut our trip short, so I didn’t look over the paperwork as I told myself I would. I couldn’t get out of bed or eat for a month.

I remember feeling pressured and pushed into buying the timeshare, which was why I told myself I needed to look over the paperwork as soon as I got home. The reasons I felt uncomfortable with my decision:

  • They said the timeshare was prime real estate,
  • I was not aware the credit check was being run,
  • They told me to wait 30 days before booking,
  • They promised a free trip (which never materialized).

If you would like to join Mari and Vanessa’s Advocacy Facebook, contact Inside Timeshare and we will put you in touch with two more timeshare regret consumers dedicated to warning the public about the negatives of timeshare, to counterbalance timeshare developers and lobbyists insisting few regret their purchase.

Self-help groups we feel are not industry influenced:

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

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

New: https://www.facebook.com/groups/376743609795740/

https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2Fgroups%2F292083584642570%2F%3Fref%3Dshare

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

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

That’s all for today, thank you to our latest contributors for their story, if you have a story that you would like to share, whether it be a “Nightmare on Timeshare Street” or a positive experience (which we would love to hear about just to make a change), use our contact page and get in touch.

Start the Week: More Scam Companies Appearing

Welcome to the start of another week in the world of timeshare, today we highlight more scams appearing especially in regards to Eze Group. Several readers have been contacting Inside Timeshare with more information which does look a little disturbing considering the amount of knowledge the callers have on the member’s information.

We begin with a text received on one of our regular reader’s mobile phone, the text has been sent from +44 7860 015136 which is a number operated by the O2 network. This number is obviously new as it has not shown up on any of the who calls me websites yet.

The text received offers “NO WIN NO FEE” claim to get money back paid to Eze Group:

“Did you join EZE GROUP ? Would you like your MONEY BACK ? EZE GROUP has closed down , START your NO WIN NO FEE CLAIM TODAY.Reply YES for more information.”

There is no indication as to any company name so at present, we have no idea who is behind it, but it is obvious that they do have “client” details including their mobile numbers. Once we have more details we shall publish them here.

The next is a company called Mosaic Exchange Limited, Company Number 11764274 with the registered address

71-75 Shelton Street London Greater London United Kingdom WC2H 9JQ.

The company was registered on 14 January 2019 with the director named as Sean Michael who also has directorships with two other companies, Invictus Exchange Limited, Company Number 11260210 with the registered address

71-75 Shelton Street London Greater London United Kingdom WC2H 9JQ

and Vaway Limited Company Number 11060271, which has an active proposal to strike off.

There does not appear to be a website for this company but the email address is given as [email protected] which as we know is the free email provider Gmail, so it is not linked to any website.

Again the story is the same, the caller who is using the number 0203 745 1086 with two names being identified as Ruth Firth and Sarah Baker, is one that is very familiar to us, they state they are appointed by the courts to reimburse Eze Group (Regency Shores SL) client money which is being held by the courts. They also state that they have a “long standing relationship” with The Madrid High Court, Central Bank of Spain and the Portuguese Chamber of Commerce. Not bad considering the company is less than 6 months old!

Another address is also given 1-3 The Long Acre Covent Garden London WC2E 9LH which just happens to be a restaurant called Five Guys.

Now all this sounds very good, but they do want an upfront fee of £725 to do the work for the client, just coincidentally this is the exactly the same amount which every other “scam” company is asking for. So along with the fact they all seem to have very good information as to the purchase and personal details of the clients, which leads us to believe they are either employees, ex-employees of Eze Group or they have purchased the data, it also looks as though they may all be working together to maximise the money they can scam.

As always, never believe what you are told in cold calls, texts or emails, question them as to how they have your information, get as many details of the company as possible, but never pay them a thing. If you need help in checking them out, use our contact page and we will point you in the right direction.

Remember no courts, either UK or Spanish will appoint or employ private companies or third parties to contact potential victims, they also do not have any funds held or seized from Eze Group.

Do your homework and keep your money safe.

Friday’s Letter from America

Welcome to this week’s edition of Letter from America, following on from our previous articles on the timeshare bills put forward by Florida and Nevada, Attorney Mike Finn submits his thoughts on this subject with the introduction by Inside Timeshares very own Irene Parker.

But first, a reminder that today is the first day of the Platinum Protest in Orlando, even if you can’t make it, please enter your support for them on the Diamond Resorts Owners Advocacy page on Facebook. We hope to bring you a report from them next week.

Lawyers and Their Important Role in Consumer Protection

By Attorney Mike Finn

Why You Should Sign our Petition asking a lawmaker to sponsor a Bill in 2021 requiring that timeshare buyers be offered 24 hours to review a perpetual timeshare contract before signing.

By Jordan Raskin

May 17, 2019

Our petition preparing to launch:  

https://www.care2.com/?fbclid=IwAR3w3tungUxAWYjY3fSro_WJBRUKB9pe99LiJ_9ur8T5WZOyC9wHsyswqZc

Provide the timeshare consumer 24 hours to review, at least think about, their decision to sign a lifelong perpetual contract, with no secondary market, often without even having tried the product, and often not allowed access to the booking site until after the rescission period.

This offer could be waived if the buyer chooses, either due to the certainty that the buyer wants the product, or the need to sign because the vacation is ending soon.

This offer should not be buried in the electronic fine print. It should be a separate disclosure presented and signed before the sales presentation. The price per point offer would be required to be maintained for 24 hours.

What’s so unfair about that?  

Introduction by Irene Parker

Never mind a lawyer! We’d settle for our mom, dad, son, or daughter!

Both the Florida and Nevada Bills referenced in Mike Finn’s article below, asking that timeshare exit providers provide buyers 24 hours to review their contract before signing, died in committee: Florida HB 2639 and Nevada SB 348 bill are dead  

SB 1430 Companion Bill to Florida HB 2639 Vacation and Timeshare Plans

http://www.flsenate.gov/Session/Bill/2019/01430

SENATE – Died in Innovation, Industry, and Technology

How do you separate the wheat from the chaff? There are legitimate lawyers and lawyers with questionable business practices. I have contacted a number of exit company providers to inquire about the volume of calls they received. Two of the major exit companies say they receive between 3,000 to 3,500 calls each month from timeshare buyers desperately seeking release from timeshares they were told would be easy to sell. Each company only accepts less than 200 callers as clients, as the member must meet specific criteria of unfair and deceptive sales practices.  

Before we begin with Mike Finn’s article,  

If you are going to be in the Orlando area this weekend May 17-19 Friday – Saturday, please support our Platinum Protestors. Locations and dates provided: https://insidetimeshare.com/fridays-letter-from-america-49/

Now onto:

“Why Kill All the Lawyers?”

By Attorney Mike Finn

“Add to that advantage the fact that the purchaser purchases on the same day they’ve been introduced to the product with no ability to consult with or review the multipage purchase contract with their own legal representative and you can begin to understand the owner/purchaser’s situation years later when they ultimately seek to terminate their arguably lifelong contractual obligations contained within their timeshare purchase contract.”

It’s hard to say anything about lawyers that haven’t already been said. They are both revered and reviled as staunch proponents and champions of justice or as avaricious opportunists. The profession is comprised of all types, from the most learned jurists to the slightly seamier side of humanity. We lawyers share the same spectrum of positive human qualities and negative frailties as the rest of our species.

The import of this article is less related to the issues of lawyers individually, but rather to the role of the attorney as consumer advocate within the legal system. I speak to the issue of what removing lawyers, or significantly diminishing their role to effectively represent their consumer clients, does to strengthen or weaken consumer protection in general, as a matter of national policy.

Currently, there is pending in at least two states with a significant timeshare presence, Nevada and Florida, House and Senate Bills sponsored by ARDA, the timeshare industry’s trade association. Ostensibly, per the statements made by ARDA’s political arm, ARDA-ROC (American Resort Development Assoc.-Resort Owners Coalition), the primary intent of these Bills is to enhance consumer protection. However, to some of us on the consumer side of the equation, we suspect there may be a darker, more industry serving purpose. These Bills seek to regulate two separate and quite distinct groups, lawyers and timeshare exit companies.

There can be no argument that some regulation is warranted, specifically in regard to the unlicensed and unregulated timeshare exit companies; however, this ‘shotgun style’ approach of lumping-in lawyers with this proposed legislation will if passed, create some chilling and decidedly consumer-unfriendly impacts on the timeshare consumer/owner.

To further distinguish these totally disparate entities, lawyers are already both licensed and extensively regulated by their respective State Bar Associations. Additionally, as lawyers, (and unlike exit companies) we are specifically trained and educated to handle matters involving contract disputes, as well as debtor/creditor rights issues and other relevant matters that may well arise in the course of a controversy. Without getting too far into the weeds, I think it’s fair to state that the pending State Bills are clearly designed to severely limit and restrict the involvement of both timeshare exit companies and, from my perspective, more importantly, lawyers, in terms of their ability to provide services to timeshare owners seeking third-party assistance in terminating or modifying their timeshare purchase contracts.

To summarize the owners’ plight, many owners didn’t realize that their purchase contracts did not include a way to terminate their contract when they could no longer utilize their timeshares because of life changes, like aging, job loss, divorce, death of a spouse, or other major life changing events. This issue wouldn’t be so troublesome if it were not for the fact that there exists little to no resale value or market for these timeshare interests, trapping owners who cannot continue to derive any benefit from their ownership, but remain legally bound by their purchase contract, subject to annual rising maintenance fees and other contractual liabilities.

The ‘timeshare exit’ industry sprang into existence to fill the market void created when the timeshare developers themselves were unwilling to offer owners relief from essentially ‘lifelong and perhaps beyond’ contracts. This exit industry includes lawyers who focus on consumer timeshare owner issues as part and parcel of their law practices, and exit companies, non-lawyers who claim industry knowledge and apparent ability to act on behalf of timeshare owners in their negotiations with timeshare developers or property owner associations.

The focus of this article will remain on the lawyer and not the exit company. It’s important to distinguish between these two different kinds of organizations and avoid comparing the two. They are completely and totally unlike and should not be combined or grouped together in these Bills. It’s impossible to make any logical form of comparison beyond stating that each seek to represent the consumer timeshare/owner in dealing with the respective owner’s timeshare situation. Combining the two and treating them as equals in proposed legislation is grossly inaccurate and inappropriate. It only adds to consumer confusion!

Attorneys have undergone extensive education and training and have prepared for and passed a state mandated Bar examination in order to prepare themselves for dealing with contested and controversial legal issues. Our legal system is by definition adversarial in nature. Justice involves a process by which parties on each side of a controversy present, through their selected legal representative, their respective position to an impartial determiner of the facts in order to produce a just outcome. Indeed, our very symbol of justice is a robed and blindfolded woman holding a scale aloft in her hand.

Each side, through its appointed legal representative, presents its best case to the referee, hearing officer, or judge and jury. At the end of the contest, the winning side, through presentation of evidence and persuasion, tipped the scales in its favor. This is our legal system, or at least the portion of it that decides controversies. Add to our justice system the requirement that each side starts off with a level playing field. Neither side has gained an unfair advantage prior to the contest commencement. As a condition of fundamental fairness, may the side with the most compelling case for justice win!

What can skewer the ‘level playing field’ aspect of the justice model, is if one of the players gets to the game before the other side, gaining a one-sided advantage. Arguably, that’s exactly what the Timeshare Developer has been able to do. Since the state requires the Developer to register and apply for a license to market timeshares within that particular state, the Developer has prepared its purchase contracts and other disclosure documentation and submitted them to the appropriate state agency well in advance of its initial sale. It’s probably fair to suggest that these purchase agreements were prepared by an able team of lawyers with the Developer’s best interests in mind. In fact, the only remaining task for the Developer’s sales team at the time of consumer purchase is to fill in the blanks on the preprinted purchase contract with the purchaser’s name and other pertinent information.

Add to that advantage the fact that the purchaser purchases on the same day they’ve been introduced to the product with no ability to consult with or review the multipage purchase contract with their own legal representative and you can begin to understand the owner/purchaser’s situation years later when they ultimately seek to terminate their arguably lifelong contractual obligations contained within their timeshare purchase contract.

Now that you can envision, from the consumer’s perspective, the un-level playing field that the consumer finds themselves on at termination time, and add to that the circumstances that would exist if the Timeshare Developers are successful in passing these new laws. These Bills, if passed, would further restrict the consumers’/owners’/members’ ability to seek justice within the legal system, if the lawyers’ ability to represent the consumer is constrained and restricted.

From where I sit, as lawyer representing timeshare owner/consumers, it appears that the timeshare industry is dissatisfied with its already existing unfair advantage over their consumer and still seeks to tilt the field further in their favor. My advice to them (not that I anticipate them appreciating any of it) is to show a kinder, gentler aspect to your loyal owners by either recognizing and permitting an easier contract termination, or, at minimum, not further attempting to restrict their right to effective legal representation as they seek relief from their onerous timeshare purchase contracts.

Respectfully submitted,

Michael D. Finn, Esq.

Thank you Mike and Irene for this week’s edition of Letter from America, these articles are certainly helping many timeshare owners see exactly what is going on in the murky world of timeshare.

If you have any views or comments on any article published then use our contact page we would love to hear from you. Do you have a story to tell, be it a positive one or a “Nightmare on Timeshare Street”, which you would like to share, then contact us and we will help you to submit an article.

Well, that is all for this week, remember the Platinum Protest and show your support, have a great weekend and join us again next week.

Start the Week

Welcome to the start of another week in the world of timeshare, we begin today with yet another company that has sprung up in relation to the recent Eze Group court case. Again the same old story, appointed by the courts to get victims their money back, for a fee that is.

The company name is H&K Limited, apparently based in Walthamstow East London, however, there is a company registered at Company House by the name of HK Limited, but it was dissolved on 12 December 2017.

The company number was 10334162 and the registered address was located at 18 Janeston Court 1-3 Wilbury Crescent, Hove, England, BN3 6FT

There does not seem to be any website and the email address they give is [email protected]

Again this is a free email address providers such as gmail, yahoo and hotmail, so it is not linked to any website.

The company directors were Abdul Haseeb and Yousaf Shah, Haseeb has no links to any other company but Shah was a director of another dissolved company called Helping the Children.

It may be that the persons behind the latest scam could just be using the company name, as when it is googled it does come up on the listings as a registered company. So unless you click on the link you would think that it is genuine.

Now as we have reported on another similar company A&K Advisory Limited, very similar name, the story is the same. Regency Shores, one of Eze Groups Tenerife based companies have recently lost in the High Court. Low and behold along comes H&K with the great news that money has been set aside and they have been appointed by the courts to pay it out to victims.

Problem is they need a £725 advanced fee to do so. No doubt the money will need to be paid by bank transfer to the “Escrow Account”, the only thing is the account will obviously in the name of a private individual.

The important point to remember is that Birmingham Crown Court trial was against Dominic O’Reilly, Stephanie O’Reilly and Eze Europe Ltd, the court did not set aside any money for victims. There is however an investigation under The Proceeds of Crime Act.

As for Regency Shores, there has been no court action either in Tenerife or in the UK, even though they are under investigation. No charges have yet been brought.

Remember, no court will appoint, instruct or allow any private company or third party to contact any victim of fraud, this would be down to the investigating authorities before the trial ever takes place.

The recurring question from all enquiries Inside Timeshare has received on this matter is how have they got such accurate details, such as what was purchased, how much for, when purchased, full names, addresses along with home and mobile numbers?

The answer is very simple, these scams are either being setup and run by ex-employees who have stolen company records or they have been purchased from existing or ex-employees. I would actually suspect that these scams are being run by ex-employees, the reason, they seem to know the workings of the company very well.

So to recap, there is no money waiting or being held at court, courts do not use third party companies, payments are never paid to private individuals, emails should always be linked to company websites and never pay any money upfront especially by bank transfer.

If you have been contacted with a similar story by a company with another name, Inside Timeshare would like to hear from you. If you require any further information on how it may be possible for you to get something back by doing it yourself, use our contact page and we’ll get back to you.

Friday’s Letter from America

Welcome to this weeks Letter from America, today Irene Parker sets out instructions on how to file complaints with the FBI and the FTC (Federal Trade Commission). Unfortunately, many of the requests for help Inside Timeshare receives fall into the category of fraud, yet the industry still does not recognise that they need to change.

Before we start a bit of news from the Spanish Courts.

The lawyers from Canarian Legal Alliance have been at it again this week with a resounding 25 sentences issued against timeshare companies.

These have been broken down as 3 issued from the High Court and 22 from the Court of First Instance. With Anfi receiving 24 judgements against them and Club La Costa receiving 1. The Club la Costa case was heard at the court of First Instance in Fuengirola, Malaga and is the very first case to involve one of CLA’s Spanish clients. (Click on the PDF below for the court sentence).

The other cases were clients from the UK and Scandinavia, with most receiving double the deposits paid and the return of legal fees, all contract were also declared null and void.

The total amount awarded in all these cases is a staggering 828,329€. So congratulations to the clients and also the entire legal team at Canarian Legal Alliance.

Now for our Letter from America.

Timeshare Accountability Group™

FBI and FTC Filing Instructions and Talking Points

April 26, 2019

By Irene Parker

When timeshare members feel they have experienced unfair and deceptive timeshare sales practices, the member should first reach out to their resort in an attempt to resolve the dispute. If informed, “You signed a contract” or “We are not responsible for what our sales agents say,” file a Better Business Bureau complaint and file a complaint with the Attorney General from the state where you signed a contract.

Unfortunately, some timeshare complaints meet the FBI definition of white-collar crime. If the complaint is of a nature that meets the following description, file with the FBI at IC3.gov or file orally by contacting an FBI field office.

# 1 IC3.gov

Timeshare fraud falls under White Collar Crime/Mortgage Fraud/Financial Institution Fraud/Fraud for Profit. click on the link below to read about mortgage fraud. The general definition of white-collar crime is “deceit, concealment, violation of trust, and bait and switch.”  

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry.

Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners.

The FBI prioritizes fraud for profit cases.

https://www.fbi.gov/investigate/white-collar-crime/mortgage-fraud

To file a complaint with the FBI, select IC3.gov from the three choices available. It’s confusing because IC stands for Internet Crime, but it doesn’t have to be about internet crime. That’s just the name of the portal. You can file a complaint on behalf of someone else. At the end of the form it will ask if you are filing on someone else’s behalf.

https://www.ic3.gov/default.aspx

Some of the information that the IC3.gov online form asks for is not necessary – fields like routing numbers, bank addresses. Don’t worry about having all that information. They are not required fields. Victim bank is the bank from where you made payments or the credit card company. Subject bank is where you send your payments.

If you receive additional information after filing an original complaint, there is a handy box to check that asks, “Is this an update to a prior report?” Start the complaint over, but check that box to add the new information.

Step #2 File an oral FBI report 24/7

You can also file orally by contacting an FBI field office. Contact the field office where you signed a contract. Members have reported some agents have spent one or two hours on the phone with them. One member met with her FBI agent!

When you call the field office, select “Submit a Tip” then wait for the white-collar crime prompt. One person ended up in the wrong pew of the right church told they had to have lost a million dollars or more to file a complaint. That’s not true.

Members report the FBI has been responsive, but the FBI agent needs to be convinced getting a lawyer will do nothing to stop the problem of timeshare fraud for profit. Timeshare companies have armies of lawyers and they can drag a proceeding on forever until the member is broke. It is an understatement to say timeshare attorneys don’t look favourably on the arbitration process.

In Florida call the Tampa Field Office

https://www.fbi.gov/contact-us/field-offices/

Whether filing at IC3.gov or orally, you can provide the name and phone number of other victims, especially if you are aware of similar complaints. That way the FBI can look up other reports directed against the same repeat offender sales agent.

Sheila Brust’s article, “Just the Facts, Ma’am” is about her experience reaching out to the FBI. Sheilah worked for New York Governor’s Office of Employee Relations. The FBI advised Sheila to file with the Secret Service because her allegation also involved credit card fraud.

www.secretservice.gov                                                       

Don’t expect to hear back from the FBI. They don’t work like that. That doesn’t mean they are not listening. It takes volumes of complaints and a pattern of complaints to launch any investigation, whether with the FBI or with an Attorney General.

Filing your own complaint requires dedication and perseverance. Resolutions can be accomplished, empowered with information the member needs to take matters into their own hands. Thinking beyond their own dilemma, members can become one of our volunteer Supporters to help others.

Our Complaint Instructions were revised by a millennial timeshare buyer who followed our complaint instructions to resolve her dispute.

How to File a Complaint revised January 25, 2019

Timeshare member complaints tend to start out convoluted and confusing. We suggest having a friend or neighbor, not familiar with timeshare, read your complaint to see if it makes sense. Provide examples. Expect to be denied. Read the reason for dismissal and respond with a rebuttal.

Saying things like “I can’t afford this” is useless. You can’t go to your home mortgage lender and say “I can’t afford my home mortgage” and expect them to take your house back. You signed a legally binding contract. If there was no deception, you are bound by the contract, although it’s possible to request a contract cancellation due to medical or financial hardship.

We refer to a lawyer about one in ten times when all else fails, or the member does not have the time or energy to follow our process, which is admittedly timeshare consuming. A list of reputable law firms is provided upon request.   

#3 File with the Federal Trade Commission

The FTC online form has a “Timeshare Sales” option. It’s not easy to find. Instructions are in this article. Don’t be discouraged by receiving only a “Here’s some timeshare tips!” response. https://insidetimeshare.com/the-tuesday-slot-13/

Extra Talking Points

You must inform the FBI agent why you experienced unfair and deceptive sales practices. The agent you speak with may know nothing about timeshare basics. Explain the contract is perpetual, there is no secondary market, and when members complain, the company often hides behind the oral representation clause.

Your mission is to convince the FBI that this is not about only a few complaints. This article “Timeshare Foreclosure Explained to Lenders” lists just a few of the Attorneys General investigations and lawsuits, and the St. Louis Better Business Bureau report tells consumers what to watch out for:

Timeshare Foreclosure Explained to Lenders

St. Louis BBB report

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry?bbbid=0734

Why doesn’t the government do something about this?

  1. There is no federal enforcement,
  2. Timeshare Attorney General Investigations and settlements are usually mere financial speed bumps, comparable to fining an NFL player $10,000. One exception is The Manhattan Club settlement. https://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club
  3. When a member complains, they are shown their initials on the fine print,
  4. Retaining an attorney will not stop unfair and deceptive business practices,
  5. Litigation is time-consuming and expensive,
  6. Arbitration is widely known to be pro-industry. If you lose you can end up paying the resort’s arbitration fees. The resort hires the arbitrators.
  7. The CFPB has been rendered ineffective. Even in the CFPB heyday members could not file a complaint because the borrower often doesn’t even know the name of their lender. You had to select a financial institution from the dropdown menu and timeshare companies are not a choice.
  8. Some lawmakers may be influenced by lobby dollars, as reported by The Daily Courier. https://www.dcourier.com/news/2019/apr/16/opt-out-provisions-timeshare-bill-no-longer-table/
  9. Some state AGs turn a blind eye. At a Florida legislative workshop in Tallahassee March 12 of this year, the spokesperson for the Florida AG reported their office received 1,600 annual timeshare complaints in 2017 and 2018, mostly about the initial sales presentation, 50% seniors, of which the AG engaged only 42 of the complaints, mostly about resales. This spells no enforcement. The Nevada Real Estate Division responded to all our readers with a “You have no proof letter.”
  10. Timeshare members give the ARDA ROC Political Action Committee approximately $5 million dollars annually, often “Opt-Out” donations. We have heard from over 800 timeshare members. Not one could tell us what ARDA ROC even stands for. ARDA ROC vigorously opposed recent proposed pro-consumer changes in Arizona.  

Let us know if you are active duty military, law enforcement, a government worker or a veteran, as we are supported by WhistleBlowers of America. They added timeshare fraud to their March 14, 2018 report before the Committees on Veterans’ Affairs (the Consumer Financial Protection Bureau has since been all but dismantled and we changed our name from TS Advocacy to Timeshare Accountability Group):

United in Speaking Truth to Power

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, South Tower, Suite 900 Washington, DC 20004

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

House and Senate Committee Members:

Whistleblowers of America (WoA) was incorporated in 2017, as a newly focused nonprofit service organization providing peer support to whistleblowers, so we are honored to be able to share our concerns with you today. The majority of our contacts are with Department of Veterans Affairs (VA) employees or veterans who have identified waste, fraud, and abuse, medical errors, denials of care or benefits, discrimination, harassment or bullying.  For doing so, they have suffered reprisal and retaliation. From the report:

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group, TM which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Consider a donation to Whistleblowers of America if you have been helped by Timeshare Accountability Group™

It’s remarkable that a timeshare member must go through this many stressful hoops concerning a product that was sold to be stress reducing. If you have skills that could help others, consider becoming a Supporter. Contact TAG.

Related articles:

3Rs or F of Timeshare

The Timeshare Tax Trap, February 26, 2019

Arizona HB 2639, March 1, 2019

Arizona HB 2639, March 5, 2019

Florida HB 435, March 15, 2019

Florida HB 435, March 19, 2019

Nevada SB, March 22, 2019

Arbitration October 24 2017

Member self-help groups

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

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you Irene, this information should prove a great help to many of our readers, it is just a shame that we have to resort to this type of action. One day the industry may just realise that it is through their own greed that they are on the receiving end of so many complaints.

Once again the weekend is upon us, whatever you are doing and wherever you are, have a great weekend and join us next week for news and information on the murky world of timeshare.

Legalidades Tenerife and the Missing Cheque Scam

Over the past few years, Inside Timeshare has been highlighting a string of fake law firms operating out of Tenerife, we dubbed them the Litigious Abogados Family. Every few months they resurface with new names, although the websites are all exactly the same with only the names of the fake lawyers, the photographs and the company addresses changed.

One of these names is Legalidades Tenerife which we highlighted back in July 2018, (see link below), well they seem to have resurfaced with their latest scam.

One of our regular readers who unfortunately did pay them for a supposed claim has now received their latest email. Our reader who we shall call Mr X, contacted them as he had not received the cheque from the court as they had promised. According to the email signed by Javier Montoya Mulata from the Departmento de Reclamaciónes, there is some very bad news.

Apparently, Legalidades Tenerife has been informed by the Comisaria General de Policia Judicial (Judicial Police), that our of 64 “compensation” cheques issued by the Courts in Santa Cruz their cheque was intercepted and cashed. A time and precise date were given.

The cheque was paid into an account for an import-export company registered to four Ukrainian citizens. The police suspect that it was an “inside job” and 16 Post office employees are being interviewed.

According to Javier Montoya Mulata, banks have been on the receiving end of many fines for inadequate record keeping on the opening of accounts with the clearing banks having many discrepancies to be formally addressed.

The Legalidades lawyers are “most disappointed and upset of the stress this must be causing you through no fault of ours or yours”. They also go on to say that they will extend their full support to provide the documentation for a replacement cheque.

They also go on to say that although the correct documentation can be provided within days, the “protocols and implications are severe and protracted”, so it will take 180 days or more to try to resolve the matter.

According to Mulata, the National Police are now involved in the investigation in tracking the cheques path, with the Santa Cruz Courts even going to the length of appointing an “independent trustee” who specialises in this field to “expedite and resolve” the matter without further delay.

Mulata also goes on to state that Legalidades lawyers have filed an official complaint against Sociedad Estatal Correos y Telégrafos SA (post office). The lawyers have also learnt that a small standard compensation payment will “without question” be paid within the next few weeks for their “contractual negligence and shortcomings”.

Well, this is all very nice, the court issues 64 cheques and apparently, the post office workers are in cahoots with a Ukrainian gang and steal only one cheque to the value of over 21,000 euros belonging to our reader. I suspect that another batch of letters just like this one has been sent to the other “clients” telling them the same thing.

No doubt the next phase of the scam will be another letter saying that they are so sorry, but to get the money paid out a fee will now have to be paid, will this be for tax or what?

This is a very eloborate and long running scam, in fact there are so many names we just can’t keep up, below is the link to article with a list of names so far. You can also read the full letter in the PDF below.

If you have had anything similar to this, whether it is from Legalidades Tenerife or another fake name, contact Inside Timeshare through our contact page. Your information just may help to save someone else from being taken in.

The Tuesday Slot

Welcome to The Tuesday Slot, this week we have another in our series of Secret Shopper reports, but first some news from the UK about ABC Lawyers, one of the Mark Rowe owned companies.

On 8 February 2019, an application to wind down the company ABC Layers Ltd was filed by Mark Rowe with Companies House. The appointed liquidator is David Meany of Quantuma LLP, The Old Town Hall, 71 Christchurch Road, Ringwood, Hampshire.

ABC Lawyers is just one of the companies under the umbrella of Advanced Business Consultants Legal SL,  (formerly registered as Jive Hippo SL), CC Fañabe Plaza 338, Avenida Bruselas, Costa Adeje, 38660, S/C de Tenerife, it is also known as ABC Legal/Other companies are Timeshare Compensation, Timeshare Lawyer, ValueMyTimeshare and Timeshare Advice, all owned by Mark Rowe.

Mark Rowe is also the owner of the following companies registered in the UK, TULOCA LTD (10748107), LANSDOWN FINANCIAL LTD (09742346), STAYCATION LODGES (SCOTLAND) LIMITED (SC549238), STAYCATION LODGES LIMITED (10332646), JIVE HIPPO LIMITED (09863488), MONSTER TEMPCO LIMITED (09855107) and GORLEY VALE FARM LIMITED (09669372). Although he resigned as Director in February 2019, leaving Nicola Helen Rowe as the sole director.

The question being posed now is what will happen to all those clients who have signed up with ABC Lawyers for “compensation claims” and “relinquishments”, are they going to have the work completed?

As we know, several of Marke Rowe’s companies are under police investigation, could this liquidation be a move to prevent yet another of his companies falling under that investigation? Only time will tell.

Now for today’s Secret Shopper Report.

Timeshare Wars!  Deeded Timeshare Owners Fight Back

What kind of business sells points by demanding that if you don’t buy our timeshare points, your children will have to be our customer?

A deeded owner

Marriott Vacation Club Fights Back

Not since the Book of Genesis [1:9-10] has the extraordinary feat of creating land from nothingness been chronicled … and Marriott “saw that it was good” for business. (Plaintiff’s response to motion to dismiss)  

By Another Deeded Week Secret Shopper from Out West

April 23, 2019

Some Vacation Clubs employ predatory and deceptive methods to convince deeded week timeshare “owners” to give up their deed to become a “member” of a points-based timeshare program. Owners are lured to “mandatory” updates designed to convince them why they should join their vacation club.

Last Tuesday a Secret Shopper shared his experience. Shopper owned two continuous deeded weeks at Virginia Beach. He determined that if he had agreed to forfeit his deeds for points, it is unlikely he would have access to the vacation location the family had enjoyed for years.

Some timeshare point members have no “beneficial interest” in actual real estate. Wyndham does sell a point-based deeded timeshare. The (intended pun) point is that just because points are used to identify one’s use interests, does not necessarily make the timeshare a users’ rights product.

In the case of non-deeded points, the point buyer buys points in a “right-to-use” program. Ownership rights are stripped away from the actual real estate. It’s more like buying a membership in a country club than buying a condo, except it’s a country club membership you can’t easily terminate unless the membership is free and clear. If there is no loan and maintenance fees are current, the resort MAY take the timeshare back in return for nothing more than the peace of mind knowing you are done with it.

Charging closing costs for a product that is not real estate was the basis of a class action lawsuit against Marriott Vacation Club.  In a recent ruling,

A Florida Judge has sustained central claims in the class action against Marriott and their points based system. “Consumer Deeds are invalid because they lack any cognizable legal description of a real property interest being conveyed as required by Florida law.”

https://www.nyrealestatelawblog.com/manhattan-litigation-blog/2019/april/florida-judge-sustains-central-claims-in-suit-ag/?fbclid=IwAR2wlVr8NIPBZj9Mcg8vVQI7_yHJvTHkIWTU4NdT9XEC8QANg0rfR9wmZrs#.XKZAISFvVH0.facebook

Our Secret Shopper Experience

Throughout our presentation, we were concerned about the sales agent using terms associated with real estate. Our sales agent said points are backed by real estate held in a trust. Agents used words and phrases like “opening escrow” and a 30 to 45 day closing period. One particularly deceptive use of real estate jargon was stating maintenance fees as HOA fees. They are not the same. It would take another article to explain why they are different. They would not disclose the terms of a loan unless we agreed to purchase.

My husband and I went after them from a financial angle. We said we were concerned about the company’s financial health. We felt the thousands of complaints that can be found about this company on the internet, over 1,000 Better Business Bureau Complaints, a government action, and numerous lawsuits would eventually catch up with them. That doesn’t mean all their sales agents are dishonest, but there are a disproportionate number of complaints compared to other timeshare companies.

What seemed to be the craziest comment came from an agent who came over to answer our questions about the budget report. We had asked:

“Is the Club solvent?” “Are they in debt?”

The agent shockingly responded, “Why would that matter to you?”

We asked for their California public report. We showed them that there was a deficit of $9.696 million. We asked why the public report does not show a reserve account. They said it’s typically not shown in a public report. This makes no sense as that is one of the first things to put in a public report to make the consumer feel more secure. The truth is – there is no reserve account based on documents we had analyzed.

Our sales agent seemed a bit dumbfounded. Our session ended without the usual downturn in attitude when a member says no and means no. We don’t think these agents are used to informed buyers. But Vacation Clubs don’t just try to take your deed. They try to take your Resort!

We are longtime owners at one of the resorts that have opposed the Vacation Club’s attempts to take control. Owners realized a few years ago that the Club was rapidly accumulating inventory. Some owners started reporting that they had been to presentations or updates where they had been informed that either the Club already ‘owned’ our resort, or used scare tactics to convince the owner that if they didn’t convert their deed to points, their deed would be worthless and would be subject to a special assessment. Often, especially seniors are falsely told that if they don’t give up their deed and convert to points their children will be required to be club members when the owner passes.

The Vacation Club business model dealing with “Legacy” resorts is well known. I call this model extortion. Here’s how it works:

  1. The acquiring company takes over management,
  2. Substantially higher fees are charged than the resort was currently paying,
  3. Deeded owners’ maintenance fees are raised substantially,
  4. The cost of club operations is shifted to the deeded owners,
  5. Excessive capital reserve projects are imposed in order to collect additional fees from deeded owners,
  6. Availability, especially for desirable weeks, is reduced for deeded owners.
  7. Desirable weeks are rented to the public to increase income to Club managers.
  8. Nuisance fees are added that are applicable to only deeded owners such as parking fee, split week fee.
  9. Benefits deeded owners enjoyed for many years are eliminated, such as day use and bonus time
  10. Information available to deeded owners is reduced in order to force them to attend high-pressure sales presentations or “updates” designed to wrestle the deed away from the owner.
  11. The value of deeded ownership is demeaned by emphasizing the negative aspects of deeded ownership.  Deeded owners are threatened with special assessments, higher maintenance fees, less availability.
  12. Exchange options become limited for deeded owners in order to coerce them to convert to club membership.

Our Club has used unscrupulous Florida title companies to purchase units from deeded owners under false pretext and transfer them to the Club. The Club has pressured management hired by the resort to enact policies beneficial to the Club.  The Club has brought frivolous legal action against the association and board members individually to intimidate vendors and board members so that the Club can gain control of the resort.

The intent of the Club has been to purchase voting power rather than quality ownership. They have done this by acquiring less than desirable units in less than desirable seasons. The units are not used by the Club for occupancy, yet they still pay the dues for these units. As a result, the Club is determined to take control of the resort so that they can better monetize this worthless inventory.

What can be done to keep our resort?

Our resort has taken advantage of social media to increase owner engagement and the free flow of information among owners and between owners, the board of directors and resort management.  The availability of timely information to the deeded owners has empowered our resort to resist the persistent pressure from the Club to take control of our resort.

Our owners and our board are passionate about our resort and determined to maintain the control that allows them to continue enjoying what they purchased. Deeded owners must unite and organize to hang on to what little real timeshare real estate is left. To think the timeshare world will be nothing but points is sad.

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

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you to our Secret Shoppers for their report, these do help others to be aware of what actually goes on at these presentations and helps them to be prepared.

If you have any views or comments on any article published, use our contact page, Inside Timeshare welcomes your insights.

The Tuesday Slot

Welcome to The Tuesday Slot, this week we have another of our Secret Shopper Reports, coordinated by Pete Gibbes, these articles have proved to be very popular with our many readers. One thing they all comment on is how similar to their own experiences these reports show.

“Thank God It’s April 15 Day!”

For those in the US, the 15 April is the day when many members will receive a tax liability bill if a loan is cancelled. For us, in Europe, we find this very strange, especially for loans linked to timeshare purchases. At least our European members don’t get a tax bill when their loan is cancelled.

Inside Timeshare has directed many back to their CPA to dispute this tax bill for “phantom income” as the former has not been enriched by the cancellation of the loan as they have retained nothing of value.

Now before we go on with our Secret Shopper article, a little news on the legal front from the leading European law firm in timeshare litigation, Canarian Legal Alliance.

With the Easter Holidays now upon us, the lawyers at CLA are having a well-deserved break, especially after the past two weeks of court cases.

In the past five days alone, there have been 25 trial and 20 sentences issued, many of these were pre-trials, with the judges once again confirming that there was no need for the case to go to a full trial. The reason being, these cases are based on documentary proof, they are based on contracts which according to Spanish timeshare law contain illegalities. This is obviously very damaging for the timeshare companies but very good news for the clients.

So to recap, in the past 2 weeks, there has been a total of 26 victory sentences with 24 against Anfi del Mar, all heard in the Court of First Instance, San Bartelomé de Tirajana, Gran Canaria. With 2 High Court, Santa Cruz de Tenerife against Silverpoint. The total amount awarded is a staggering 931,229€ plus all contracts being declared null and void.

Now for our Secret Shopper Report.

How do you define a “Bad Apple” Sales Agent?

It’s in the Eye of the Beholder

By Secret Shopper

Tuesday, April 16

We have all heard stories of outright deception and deceit employed by timeshare salespeople. Many complaints are from those who were convinced to give up their deeded timeshare week and convert to the points-based timeshare.

Fixed week timeshares may lack the flexibility of points, but if you like knowing what you own, a guaranteed stay may mean more to you than flexibility. With a points program, you can stay more or less than a week and book other resorts at other times of the year. However, many have complained that after giving up their deed, they were not able to access even the resort they had vacationed at for years.

Timeshare companies will say that salespeople who use scare tactics represent only a few “Bad Apples” so are not typical. Timeshare Accountability Group has heard from more than a few members that were frightened into giving up their deed, told their children will be burdened because of their parent’s decision to buy a timeshare. We’re not lawyers, so we defer to timeshare attorney Mike Finn to fill us in on what happens when you inherit an unwanted timeshare. It’s a topic many are interested in, especially as baby boomers age.

Some of the tactics sales agents use to coerce an “owner” to give up a deeded timeshare week to become a “member” are downright predatory and constitute practicing law without a license. This is what happened to Phyllis, age 67, in her own words (unedited):

I am a victim of fraud. I was asked to attend a breakfast to talk about upgrades on a timeshare I own. I was told it would last only 55 minutes. 4 highly pressured sales people took turns on me and held me for 7 hours, bouncing me into 3 different rooms. I told them I didn’t want it and that I already owned the timeshare over and over again. They said I have to buy into the new and I own my timeshare forever, and that I could never get out of it. They said my timeshare went bankrupt and I had to invest with them (the new company) or they would go after my children for payment. I had a panic stress disorder attack. I was tired and hungry.  I was tired. In order to get out of there, I signed under dearest. I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BARCLAYS BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018, to pay their lawyers in the amount of $3446.04. DRI sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please email me on what I can so as soon as possible. Thank You.

(Submitted to Inside Timeshare)

Our Secret Shopper Experience        

In mid-summer 2018, we went on a “mandatory” update after attending a Diamond Resorts event in Virginia Beach. We are well versed in timeshare methods and had our “ears up” to catch any of the standard tactics they might use to persuade us to convert our two deeded weeks into points.

Despite being ready for the worst, I will openly admit that our salesperson never told us any OVERT lies during our two-hour presentation. He was friendly, polite, and had a long history with Diamond Resorts at various locations throughout the country. He told us where he lived in Virginia Beach (a very expensive waterfront area).  He did not lie to us.

That being said, his words were very carefully chosen, and of course, what he didn’t tell us was even more carefully chosen. At a minimum, his pitch was misleading, confusing, full of half-truths, and in my opinion quite diabolical.  When someone commits a “material omission” is it a lie? That sounds like a question for attorney Mike Finn.

Let’s see how the game is played

Our salesperson pushed two major discussion points:

1 – Vacation Options:

Our sales agent demonstrated what would happen if we gave up our deeded weeks and purchased 5,000 points. He showed us a world of amazing Diamond Resorts locations on his computer screen. He explained these resorts would be available to us with the 15,000 points in total we would have if we gave up both deeds.

He showed us availability on HIS computer. He said things like “Here, let me show you on MY account” and “the system shows ME availability for these vacations for only 3,000 points… look at all of them!” Yes, many were available on many different dates. Wow, the world would be our Oyster.

Now, all that is technically true, but he presented it in a manner to imply that if we converted to 15,000 non-deeded points, we would see the same availability and options we were shown… but he never actually said that. His online Diamond account is a “Special Sales Double Platinum Account” (a descriptive term as there is no such thing as a Double Platinum loyalty level). It shows everything in the system and probably quite a bit more, but did not display what we would have access to using the proposed 15,000 points (for two weeks).

If the buyer is not allowed onto the booking site until after the contract has been executed, you would not see actual availability at your loyalty level until after the rescission period had passed.

If you knew what to listen for, the agent chose his words incredibly carefully to sidestep the issue. This would have misled us if we were not informed shoppers. In my opinion, it was a shameful sales tactic that almost anyone would likely fall for.

I know that none of the locations available under his sales account would be available to someone with only 15,000 points, especially summer weeks in Virginia Beach, which he was asking us to give up. He repeatedly showed us that Turtle Cay was only 6,500 points for a week vacation in July… which is accurate… if you are one of the handfuls of people in the US with status and connections to get access to that level of availability. It is unlikely at the Silver loyalty level we would ever be able to stay there again even if we were to convert to points. He didn’t mention that.

He also gave us pamphlets describing Diamond Dream Vacations (DDV), also known as Holiday Vacations, which we could take advantage of anytime for 3,000, 7,500, or 15,000 points. Each DDV included two airfares at top-notch accommodations. One package included four days at Diamond’s Mystic Dunes resort along with a five day Caribbean cruise for only 7,500 points.

For those not familiar with points, maintenance fees for Silver level are about $.20 per point so if the Dream Vacation requires 7,500 points, the trip would cost $1,500. Multiply 7,500 points times $.20. Always do your timeshare math. Four nights at Mystic Dunes, two airfares and a five day Caribbean cruise for two for $1,500 is a GREAT deal! It even included rental car discounts.

After submitting this article, Pete explained that these great deals really do exist. I thought they were completely bogus. He said that since these packages are for the purposes of selling points, they are available to anyone who purchases as a “sweetener” or to existing members in an effort to sell more points.  

Apparently, tremendous bargains are always promotions. Our sales agent never said Dream Holidays were promotions that would require a sales session. He said “These packages are available anytime” to use his exact wording. Again, he didn’t lie… he just didn’t present an important fact.

2 – Financial Justification:

He presented a very complex 10-year financial analysis showing how it would cost us far less over ten years if we converted to points, even though he wanted us to drop more than $75,000 for 15,000 points, which would have included giving up our two deeded summer weeks. He did not know that I used to be a financial analyst with IBM. I worked on billion-dollar transactions. His spreadsheet was malarkey, and even I couldn’t follow it. Once again, he was not lying; his analysis was just crappy… which is quite common as financials go. Of course, we were not given a copy of any of his figures. When we tried to take it, he whisked it away.

All told, I doubt other salespeople would consider our sales agent a “Bad Apple” as he didn’t tell any lies. He did not mention any bogus programs (e.g. “you can pay maintenance fees at $.30 per point”) or other false claims. In fact, our sales agent is probably a shining example held up for other salespeople to emulate: nice, amiable, well dressed, 6.5 feet tall with 12 extra teeth in his smile.

After we firmly said no and started to leave, we were sent to a manager to “check out.” This person was quite reprehensible. He showed us further discounts off the $75,000. He spoke about the “investment” we would be making, what our “Equity” would be out of the gate, and how our “Equity” would grow over time. Our “investment” would only go up in value.

I got quite angry and blew up at him at this point, calling him out directly on those misrepresentations. His eyes flew open wide as he backtracked, “When I say Equity I mean your equity in future vacation time and how your vacation time would become more valuable as you learn how to use the system wisely.”

He claimed he never said he was speaking about a financial investment and not to put words in his mouth but he actually said these things with no qualifiers until he was pressed to do so . My wife loudly told him off and we got up to walk out. He asked why she was being so rude. In a sick sort of way, it was funny, really.

As our experience shows, a “Bad Apple” is in the eye of the beholder.

Contact Inside Timeshare if you have a story to share. Our standard disclosure is that we know there are honest sales agents selling the product honestly. Deceptive agents harm honest sales agents too. Our concern is the number of agents “pitching heat” to sell points could lead to a decline in sales unless acknowledged and addressed.

Contact Secret Shopper Coordinator Pete Gibbes through Inside Timeshare if you would like to become a Secret Shopper.

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

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

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

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

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

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

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

Thank you to our secret shopper and to Pete Gibbes the coordinator for this week’s report, these do help others to be aware and of what to expect when they attend any presentation. As the old saying goes,  “To be forewarned is to be forearmed.”

One thing is certain, purchasers of timeshare in Spain do have the full protection of the law, misrepresentation of the product is not tolerated. We also know that many other European countries are reviewing their own timeshare laws in accordance with EU Timeshare Directives designed to protect consumers, many are also looking to Spain and may just adopt their legislation. For too long the timeshare companies have had the upper hand, but the tide is turning.

If you have any comments or would like to share your experiences use our contact page, we would love to hear from you.

Do you have a problem with your timeshare membership, or need to know about any company that has contacted you or you have found?

Again use our contact page and we will get back to you and point you in the right direction.