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End of Year

Canarian Legal Alliance Announce End of Year Results

What a year 2018 has been for the lawyers at Canarian Legal Alliance, they have recently announced their end of year results and it is impressive to say the least.

They have ended the year with 131 Supreme Court rulings, this is unprecedented in Spanish legal history, the last 2 rulings being made against Diamond Resorts. These judgements reinforced the previous ones by Spain’s Highest Court that contracts over 50 years, floating weeks and points systems along with the taking of any payment, even by a third party within the cooling off period are in breach of Spanish Timeshare laws 42/98 and 4/12.

In another landmark ruling from the Courts of First Instance in Tenerife, Silverpoint and their lawyers admitted that their “Company Participations” were indeed timeshare. This has now opened the way for many more clients who have been sold these “participations” as “investments” to now lodge claims against Silverpoint. This will result in the contracts being declared null and void plus the return of all money paid. (See previous article)

http://insidetimeshare.com/silverpoint-company-participations-is-timeshare/

Here are some key figures for the past year:

  • 3669 clients
  • 1380 live cases in various stages at court
  • 679 court hearings in 2018
  • 516 new claims presented to the Spanish Courts
  • 327 favorable sentences for clients
  • 12.3 million Euros have been awarded (2018 only) to clients by the Spanish Courts
  • 2.8 million Euros in payouts to clients
  • 728.000 Euros in bank guaranteed funds secured for clients
  • 4.5 million Euros are currently in process of being converted into bank guarantees

As the year drew to a close and the courts recessed for the Christmas break, Canarian Legal Alliance also managed to sneak in 10 more results in favour of their clients against the following:

  • Anfi                                   Court of First Instance             26,400€
  • Anfi                                   Court of First Instance             55,994€
  • Anfi                                   Court of First Instance               9,795€
  • Anfi                                   Court of First Instance             12,400€
  • Anfi                                   Court of First Instance             12,800€
  • Anfi                                   Court of First Instance             18,376€
  • Anfi                                   Court of First Instance             39,590€
  • Holiday Club                 Court of First Instance                4,500€
  • Silverpoint                     Court of First Instance                5,400€
  • Club la Costa                 Court of First Instance              29,768€

This is an incredible 214,590€ secured for these clients, with all contracts being declared null and void.

These figures speak for themselves, no other law firm in Spain has achieved anything near to this, so for those who continue to post on various forums that these are all fake, check your facts before you post. These cases can all be verified through court documents, they are in the public domain.

It is quite clear that 2019 is also going to be a record breaking year, especially now that all courts are subject to the rulings of the Supreme Court. Inside Timeshare will bring you the latest news on cases as and when they happen.

If you require any further information on this subject or would like to know if you have a legitimate and viable case, then use our contact page and Inside Timeshare will get back to you.

Other news which has just come in involves the ongoing case against Eze Groups Dominic O’Reilly and Stephanie O’Reilly at Birmingham Crown Court.

December 21st was the final day of a Newton Hearing in the case against Stephanie O’Reilly, Mr O’Reilly was not in attendance as he had earlier pleaded guilty to 27 charges of breaches of consumer legislation and aggressive selling amongst other things.

The reason for the Newton Hearing was that Miss O’Reilly had to explain why she pleaded guilty to Fraud but not as charged. The defense argued that Eze Group had employed the services of a Legal Advisor to ensure that they were compliant with UK law and that this advice was wrong which ultimately led to the mis-selling of the product.

This argument was vigorously rejected by the prosecution, who were also able to produce documentation refuting the argument. This was accepted by the court and a date of 11 January 2019 has been set for what we believe will be sentencing. We will bring you this news as and when it happens.

If you have any comments on this or any other article, use our contact page, Inside Timeshare welcomes your comments.

Friday’s Letter from America

Welcome to the last Letter from America of 2018, we hope that you all had a very good Christmas and are looking forward to the New Year. For this last Letter from America, Irene Parker had to make a last minute change, once again a timeshare company responded before publication.

The Satisfaction of a Dispute Resolved

By Irene Parker

December 28, 2018

The article originally scheduled for today was pulled because the dispute was resolved. The timeshare company listened to a well written complaint and followed the above circle of resolution.

Like most of the timeshare members reaching out to Inside Timeshare, the family featured in the original article is struggling with a medical crisis. I spent this Christmas in Houston at the MD Anderson cancer center dealing with our own family crisis. As our family begins our stages of grief, I thought about all the timeshare families that we have talked to over the last two years that have experienced the same. I can’t imagine receiving debt collection calls in the middle of our personal medical crisis. Making matters worse, all but a handful of the 646 families that have contacted us describe unfair and deceptive sales practices.  

According to cancer.gov, approximately 38.4% of men and women will be diagnosed with cancer at some point during their lifetimes (based on 2013-2015 data). I estimate about 60% of our readers have experienced some form of debilitating illness. This is when they learn the timeshare they were told would be easy to sell, is not. Often there is a loan outstanding, so a voluntary surrender program is not an option. https://www.cancer.gov/

I will never forget the 100% disabled Agent Orange veteran who was up-sold into an unnecessary loan. The sales agent was aware this double Purple Heart veteran had been diagnosed with pancreatic cancer. Due to the circumstances, there was no question he experienced unfair and deceptive sales practices. He contacted me six times the last month of his life. His wife contacted me with just hours left to live because the credit card company was hounding them for the down payment. The timeshare company did resolve the dispute, but how unfair this decorated veteran had to spend his last days battling his timeshare company.

A recent caller was told she should pay an exit company $6,000 because she would be responsible for her father’s timeshare after her father’s passing. This was not true. In the case of this member, the company offers a voluntary surrender program and would have easily taken back the timeshare. Their contract even states heirs are not responsible for the timeshare.   

Contact Inside Timeshare if you receive a call from someone employing scare tactics to get you to sign up with their exit company or give up your deeded timeshare.  

How Timeshare Companies have dealt with complaints:              

According to all but a handful of our readers, timeshare companies have responded to their complaints with:

  • We are not responsible for what our sales agents say,
  • You signed a contract,
  • It sounds like he said, she said,
  • You have no proof,
  • If this was important to you, you should have asked for it to have been added to the contract,
  • All that matters is what is in the contract.     

How complaints should be dealt with according to thebalancesmallbusiness:

No one likes hearing complaints, and many of us have developed a reflex shrug, saying, “You can’t please all the people all the time”. Maybe not, but if you give the complaint your attention, you may be able to please this one person this one time – and position your business to reap the benefits of good customer service. Properly dealt with, complaints can become opportunities. They give you the chance to discover issues and correct them, thereby improving your customer service. Market research has found that customers who have complained about a product or service and had that complaint successfully dealt with are 70 percent likely to order from the vendor again.  

https://www.thebalancesmb.com/rules-for-good-customer-service-2948079

Sun Trust Bank offers these words of hope and encouragement  

http://www.bankrate.com/finance/real-estate/debt-collector-demands-huge-fees-on-past-due-time-share.aspx

“Now, if you were deceived or otherwise legally abused in the purchase, you can file a complaint against the seller. Each state has a different process so you’ll have to contact your state’s attorney general to determine the jurisdiction. Have a narrative of your complaint and a copy of your contract when filing. The agency will contact you if it finds a valid violation of real estate statutes (or sometimes banking statutes), especially if it involves deceptive sales practices. Collectors must legally back off in such under-dispute cases, though many don’t.”

“By the way, consumer complaints about abusive debt collectors have nearly tripled in less than a decade, according to the Federal Trade Commission. They’re exceeded only by identity-theft cases, says the FTC, which has sued about 200 collection companies since 2010. Many have been banned from doing business.”

We are primarily members helping members, providing straight answers on how to file regulatory and, if necessary, law enforcement complaints. It is our hope lawmakers and regulators will take note of our efforts to stop the financial harm caused by timeshare sales agents and companies that hide behind the oral representation clause.

A significant percentage of our readers are in their 60s and 70s, some in their 80s, with high US credit scores around 800, suddenly faced with timeshare foreclosure. About a third is younger. The youngest was 19 and pregnant when she signed a perpetual timeshare contract after a six hour presentation.

Contact Inside Timeshare or one of the following self-help groups if you have a concern about your timeshare.

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/

So that’s it for 2018, it has certainly been a roller coaster year, so many complaints, many of them veterans, many have been resolved, to the timeshare companies that did take notice, well done and thank you. All we can hope for is that 2019 will see many more start to change their ways.

From Inside Timeshare, we wish you all a happy and prosperous New Year.

Friday’s Letter from America

Today’s Letter from America by Irene Parker replaces the one that was originally scheduled, that article has been pulled as the company it revolved around has made a settlement in favour of the client. This is a result of the article being sent to the company for comment before publication, we just wish this happens more often.

A Disconnect between Wall Street and Main Street

Three more Seniors Driven into Timeshare Foreclosure

ILG’s stock rose about 5 percent on the news of the deal, while Marriott Vacations — paying $14.75 in cash and 0.165 of its own shares for each ILG share — slid 9.2 percent.

https://www.reuters.com/article/us-ilg-m-a-marriott-vaca/marriott-vacations-buys-ilg-in-47-billion-timeshare-merger-idUSKBN1I10ZX

Apollo Global Management (NYSE:APO) plans to take Diamond Resorts public, according to The Wall Street Journal

Sources indicate that Apollo is seeking a valuation of close to $4B for Diamond Resorts

https://seekingalpha.com/news/3347179-diamond-resorts-files-confidentially-ipo

May 11, 2018

Meanwhile, Introduction by Irene Parker

Inside Timeshare advocates on behalf of Active Duty military in danger of losing their Security Clearance due to timeshare foreclosure. Currently there are five battling this worry, including three members of the Navy, one Homeland Security agent, a defense worker, and a military paralegal. Veterans, from the ages of 28 to 83, including a double Purple Heart recipient, have reported allegations of timeshare fraud on the front of the sale, and difficulty selling timeshares they no longer want or can afford. Several of our veterans are combat disabled.             

Phyllis, Shirley and Marcy would like to share their timeshare experience to warn other seniors. All allege they were a victim of Elder Fraud. Shirley paid one of those “Get out of your timeshare” companies money to get out of her timeshare contract, only to be foreclosed. No one needs to pay anyone to be foreclosed. Now she is being taken to court by Barclays because her purchase was charged to a Barclay credit card. Marcy was called by another “Timeshare Exit” company. The caller said he was an attorney and told her the timeshare company would take her house and her Social Security benefits if she did not pay him $2900.   

The Consumer Financial Protection Bureau helped Wells Fargo victims when Wells Fargo agents opened bogus accounts. With the roll back of the Dodd Frank act, enacted to reduce mortgage lending abuses evident during the subprime mortgage debacle, happy freewheeling lending days may be here again for timeshare developers. Sources tell us there are few if any CFPB investigations.

Many of the complaints we have received are from timeshare buyers who tell us they had no idea credit cards had been issued and were told charging purchases to their Barclaycard would pay for their maintenance fees. Typically, around 1% of amounts charged can be credited to maintenance fees. Others were not even aware they had purchased a timeshare until they returned home.

Perpetual timeshare contracts, some with little to no secondary market, are signed via a tablet, technology foreign to some senior buyers. Seniors may be less comfortable with electronic tablets used to sign timeshare documents, but even those comfortable with tablet technology have reported it is more difficult to review documents on a tablet. Sales agents demand the buyer buy the same day the offer is presented with little time to review documents. Most report exhausting sales sessions that are aggressive and often last several hours.     

Inside Timeshare has received 421 timeshare complaints from our readers. Given we have received so many stories resembling Phyllis, Shirley and Marcy stories, Timeshare Advocacy Group is embarking on a nationwide media campaign to warn the public not to buy a timeshare without talking to their financial advisor, an attorney, or a member of the Licensed Timeshare Resale Broker Association. http://www.licensedtimeshareresalebrokers.org/

As a former stockbroker, I have nothing against great wealth. I wish we all had the foresight to grow old with Bill Gates and his stock price, but enormous profits gleaned by predatory timeshare sales and lending, coupled with timeshare exit scams has devastated the lives of hundreds of families, according to our readers, who did not understanding the nature of the developer based timeshare contract. Better Business Bureau reports, AG investigations, DOJ reports, and lawsuits galore support the argument that dream vacations can easily turn into a nightmare. As always, we know there are timeshare sales agents trying to sell honestly and many who are happy with their timeshare.  

Having followed timeshare stocks for three years now, my investing comfort level is with Disney Vacation Club. I have never described myself as a socially conscious investor, but having listened to 421 horror stories, my money is on Disney. Not one Disney member has ever contacted Inside Timeshare and the law firms I have surveyed tell me they have never had a Disney timeshare member seek legal assistance. Disney is a starter stock you can give to your kids and grandkids without regret. The following chart shows respectable profits can be gleaned from investing in Disney.

https://www.cnbc.com/2018/01/03/if-you-put-1000-in-disney-10-years-ago-heres-what-youd-have-now.html

Now on to Phyllis, Shirley and Marcy, three Inside Timeshare readers who contacted us this past week horrified at what is happening to them. I had trouble keeping them straight because they were all making the same comments:

I’m having panic anxiety attacks!

I can’t even read this because I’m having palpitations!

I’m so scared! I don’t know what to do!

Phyllis C, age 67, a California resident, was a Diamond Monarch owner

Phyllis works for a prison. She teaches residents how to sew uniforms for CalFire firefighters. Phyllis was the head pattern maker for OP, a brand I remember well.

By Phyllis

I was asked to attend a breakfast to talk about upgrades on a timeshare I owned. I was told it would last 55 minutes, but I was there for seven hours. Four highly pressured sales people took turns on me, bouncing me into three different rooms. They said my children would be responsible for the timeshare bankruptcy if I didn’t give up my Riviera Beach Club week and buy the new vacation points. They told me I would be personally responsible for my portion of the $32 million dollar Monarch timeshare company bankruptcy debt.

I told them over and over I didn’t want it and that I already owned the timeshare. They said I had to buy into the new program even though I had owned my timeshare forever. They said that I could never get out of it because my timeshare went bankrupt and I had to invest with Diamond Resorts or they would go after my children for payment. I had a panic stress disorder attack. After several hours, I was tired and hungry. In order to get out of there I signed. I am a senior citizen five feet tall. Sales agent Raymond Coppin was a six foot tall man, standing over me stating he was a child of GOD and that he could help me. He said to me “I am a friend. I can tell you what to do only after you sign a contract.” Victoria Borghetto, Hassan Younes, and Steven Ginsberg took turns telling me I had to buy Diamond points. They said using the BARCLAYS BANK CREDIT CARD for shopping would make my points go up and my maintenance fees go down.

I signed a contract to buy 3,300 Diamond points which they charged to a Barclaycard. I never received the card. I never used the card. I had a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. I have asked and been granted a 60 day continuance hoping I can find someone to help me. Diamond sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and Barclays are together, shouldn’t I be out of paying the bank as well? Diamond already foreclosed on the timeshare I had used and enjoyed for so many years. I paid a timeshare exit company $1,600, but they must have nothing to do with Barclays?

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 e-mail me on what I can so as soon as possible. Thank You.

By Shirley K Minnesota, age 74

Club Wyndham

We will not be paying the Barclay card amounts due. We believe we are a victim of Elder fraud. This Tennessee news report interviewing the couple pictured in this television news report is exactly what happened to us. Wyndham opened a Paypal credit line without our knowledge. Furthermore, we feel we were scammed into opening two Barclay cards to purchase 84,000 Wyndham points for $14,879 on April 27, 2017. Mr. Ryan and Ms. Lapping told us the Wyndham points would not cost anything if we charged things to the Barclay credit card.

https://www.newschannel5.com/news/newschannel-5-investigates/consumer-alert/couple-goes-to-wyndham-timeshare-meeting-unknowingly-gets-15k-line-of-credit

Branson sales agents:

Gerald Ryan was highly aggressive

Samantha Lapping

I have filed a complaint with the Missouri Attorney General, the FBI at IC3.gov and the Consumer Financial Protection Bureau. I will be filing a complaint with the FTC and our Minnesota Attorney General.  

We did not know that the Barclay cards had been opened until we returned home. They had run our credit on our personal cards and came back saying, “You have great credit!” They must have opened the cards based on that information.

When I felt we had been scammed, I called and cancelled the Barclay cards shortly after the April 27, 2017 purchase. I thought that was the end of it, but on May 2, 2018 I received correspondence from Pinnacle that said I owe Barclay’s $14,879!  We are getting calls from Pinnacle.

https://www.bbb.org/minnesota/business-reviews/financial-services/pinnacle-credit-services-llc-in-minneapolis-mn-23002292/reviews-and-complaints

I didn’t even know what we bought. They had said if we charged things using the Barclay credit card, then it would all be free because we would not have to pay anything. They said we would pay for the Wyndham points by using the credit card. We were there from morning until about 2:46 PM in the afternoon. I am 74 years old and my husband Ellsworth is 77. Ellsworth is hard of hearing.

The following charges we were not aware of were charged to us.

$5,500 was put on a Barclaycard in Shirley’s name

$9,379 was put on a Barclaycard in Elswsorth’s name

$7,349 Promotional purchase

$2,000 Promotional purchase

$30 Promotional purchase

We were shocked when we received a “Welcome to Pay Pal credit and thank you for an account” on April 27.

I have always paid my bills until this nightmare. I have sciatic nerve problems and I don’t know what to do. I am not sleeping and don’t know where to turn. I am working just to make money to try to end this. There was no time to read anything. I believe this is Elder Abuse and Elder Fraud.

Marcy S, age 70, a California resident, widowed

I owned a deeded week at Ka’anapali Beach Resort

I was contacted by a man who identified himself as Louis Stravricos who said he was an attorney with US Consumer Attorneys Group in San Diego.  His telephone number is 855-627-0795. He said he was calling about my Diamond timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the Diamond contract.  He told me Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages.  He said Diamond would also take my Social Security payments and my retirement.

I have not paid my Diamond maintenance fees for about three years. I wanted to deed it back to Diamond but they would not take it back. I tried to sell it but no one wanted it. I have Fibromyalgia so it is very difficult for me to travel.

This man that called was horrible. It was very scary. Would you please contact Diamond for me because I do not know what I should do? (We did and Diamond responded) I did not know if he was telling me the truth.

Irene told me that now Diamond has a program called Transitions, a voluntary surrender program. If I was current on my maintenance fees, I would in all likelihood be accepted for Transitions. I heard nothing from Diamond until I recently received a letter that said I was past due on $9,000 in maintenance fees. I cannot pay that.

Four other complaints were reported to Inside Timeshare directed against the same timeshare sales agent and in one complaint, the same vice president of sales mentioned in Marcy’s complaint:  

Complaint #1

The agent stated that we could take any points we did not use and apply them towards our maintenance fees.  He then spoke of the opportunity to earn an additional $2,700 towards our maintenance fees by using the Barclay Credit Card.  What he failed to advise was that we would have to charge $270,000 annually to earn $2,700 towards our maintenance fees!

Complaint #2

We were Monarch owners. We were told unless we bought more points our heirs would be responsible for maintenance fees.

Complaint #3

The presenter said we were not full members and we should have received a letter to go to full membership. I told them we never received a letter. He then offered a deal that would only be good right then.  He informed us that what we had was worth nothing now and we would have to upgrade to be able to use any benefits because of the bankruptcy.

Complaint #4

We were told at the Capistrano Beach Resort we would not be able to use our Monarch week unless we bought points and that our Monarch week was worthless. We were not told of the option to deed back the week.

Other seniors foreclosed:

Deneice and Louis Vargas – in the foreclosure process

http://insidetimeshare.com/fridays-letter-america-21/

Seniors Romeo and Lily Dalisay

http://insidetimeshare.com/fridays-letter-america-9/

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

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

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

Thank you to Irene and our contributors for their story, it makes you wonder how these overpaid company executives can actually sleep at night, I think we all know the answer to that, no conscience, pure greed and a greater love of money than their fellow man!

Unfortunately it all starts with those lower down the food chain, the sales agents, obviously looking to become one of the big boys with their own office!

Well that’s it for this week, Friday is here and the weekend begins, have a good one.

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