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Friday’s Letter from America: New Tarda Home Page

Welcome to this week’s Letter from America, today we publish the revised Home Page for Tarda. the Timeshare and Resort Developer Accountability Inc, which was formed in 2016 by a group of volunteers. Its purpose was to provide timeshare members with straight and accurate answers to their timeshare problems, since then they have grown and gone from strength to strength. Inside Timeshare is pleased to publish their revised Home Page in order to reach more members in the US who may need the help of Tarda or just require accurate and truthful information.

Timeshare and Resort Developer Accountability, Inc.

See the source image

Friday, July 9, 2021 

Why Do We Matter?

https://tarda.org/

There is no true consumer voice at the legislative level. While we understand that there are millions who use and enjoy their timeshare with no complaint, there are also many who feel the industry needs fairer practices and greater disclosure. Timeshare and Resort Developer Accountability, Inc. (TARDA), provides a legislative position through lobbying efforts spearheaded by current and former timeshare members. 

In 2016 a group of timeshare members and industry representatives questioned the fairness of the perpetual timeshare contract, given the lack of a viable secondary market. Original timeshare buyers, faced with age-related or lifestyle changes, can find themselves held timeshare hostage with no way to responsibly exit their timeshare. While some resorts offer responsible exits, others do not. Some resorts have no buyers.  

The evolution from an estimated 1,590 Legacy, or single-site timeshare developments, morphed into a points-based timeshare system. This created ambiguity and paved the way for over-promised availability and confusion as to what a buyer actually purchased. Many buyers reported they did not have access to their resort’s booking site until after the contract rescission period. Point buyers don’t “own” anything. The points member acquires a right-to-use product.

Through Social Media, our volunteers learned that many who felt they experienced unfair and deceptive marketing and sales practices did not know where to turn if a resort dismissed their complaint. TARDA volunteers encourage owners and members to work directly with their resort to resolve a dispute, but if dismissed, to file regulatory complaints. Filing complaints with the appropriate state and federal agencies can be confusing as states vary in their filing requirements. If there is one thing we have learned, members need support and guidance navigating this process.

TIMESHARE TALKS – An Interactive YouTube Forum 

TIMESHARE TALKS was launched May 27, 2021, to offer an interactive forum for anyone who would like to share their timeshare experience or speak directly with guest industry experts. The goals are to improve communication between developers and members and to promote a viable secondary market, essential for the health of the industry. Hosts are John Raymond, an established resale broker, Wayne Robinson, a former timeshare executive, and Irene Parker, an independent writer who volunteers her time to edit articles submitted by TARDA Supporters. In this interview, an HOA Board Treasurer explains how their policies and practices ensure long-term resort viability and worry-free vacations.   

https://tarda.org/f/timeshare-talks-with-jake-bercu-tahoe-beach-ski-club-board-tre

It is our belief there needs to be an improvement on both ends of the timeshare sale. The lack of a secondary market has spawned a robust exit scam industry, including organized crime rings based in Mexico. EU volunteers have reported the same. Some exit companies report that they receive 3,000 to 3,500 callers a week.

The Deficiency of State Regulation

Timeshare is regulated at the state level. While some states actively engage timeshare member complaints, other states dismiss complaints based on the oral representation clause. An Attorney General is an elected position. Elected officials are most concerned with constituents who elected them. Out-of-state buyers complain to an Attorney General that is not their Attorney General. Typically, buyers buy a timeshare in a state other than their state of residence. 

In 2019, one pro-consumer state proposed a bill that would have allowed a 24 hour “cooling off” period before signing a contract. Timeshare industry lobbyists argued vigorously against the bill. Complaints abound from buyers reporting how they were held for hours by a tag-team of sales agents, their IDs withheld, so worn down they are ready to sign anything to end the ordeal. There would be no need to propose such a requirement for consumers buying a house, a car, or a boat because buyers interested in these big-ticket items do not experience such hard-sell tactics.

The Need for Greater Disclosure

Timeshare buyers are required to be provided a Public Offering Statement (POS) sometimes called a Disclosure Statement. Consumers are instructed to read this document before signing, yet most consumers had not heard of the POS until told to look through their paperwork. If the closing session is recorded, the closing agent should present this document during the recorded closing.  

If a recorded closing is used against the buyer, in the event of a dispute, it is unfair to not allow the buyer to listen to the recording without a subpoena, and unfair to not allow the buyer to record the sales session. Many members have reported that their complaint was dismissed with, “You didn’t say anything on the recorded closing.” A frequent complaint is that agents coached them on how to “pass” the closing session.
 

How Do I Become Involved?

We’d love to hear from you. Contact us through our “Contact Us” tab to let us know how you can aid in our efforts. Become a TARDA Supporter by simply clicking the Donate button to make a minimum donation of $10 or more. We’ll enroll you as a Supporter. All proceeds go towards legislative efforts because we have learned only in the legislative arena can change happen.

We thank all who have contributed their time or treasure. We also thank timeshare company representatives who have made efforts to address issues and resolve disputes. Together we can make the timeshare world a better and lasting experience for all. 

See the source image

Thank you to all who have helped in proofreading and editing the new version of the Tarda Home Page, Inside Timeshare hopes that by publishing, it will reach out and inform more members of the work that TARDA does. Good luck to you all and keep up the great work.

That is all for this week, have a great weekend and join us again next week.

Timeshare Industry Denies the Truth

Today we follow up on our Tuesday Slot article European Resort Owners Coalition & Misinformation, with the timeshare industries denial of what their own members are doing, but concentrating on misleading “owners” in an attempt to stem the tide of increased litigation. Many comments received ask the same question, if Anfi is a member of the RDO, why are they not doing something about them? Inside Timeshare has asked this question many times as the evidence which we have seen published not just here but in all the major Spanish newspapers as well as on Spanish television news, points to some very disturbing tactics which go against the Code of Conduct of that organization.

To recap, the RDO Code of Conduct, Part I, Chapter 3, Paragraph 3.5 actually states:

“To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

Yet it appears that Anfi is in flagrant breach of this particular section, as since the timeshare law came into force in January 1999, Anfi continued to sell contracts which breached those laws. It is only recently that they have attempted to issue new contracts which on the surface comply with the law.

But as we have seen, it is the underhand tactics which considering the current situation on travel and the inability to use their weeks, “members” are being “blackmailed” into signing the contracts.

Inside Timeshare has reported on this in previous articles, in short, any member who wishes to save their unused week and receive a “voucher” for use in the future, must sign the new contract first. You don’t sign, you lose the week even though you have paid the maintenance. You also lose your legal rights if you wish to take any legal action against the original contract.

Again, we hear nothing from the trade body, the RDO or the “representatives” for “owners”, EUROC on this matter!

This though is just a minor transgression compared to the tactics they have employed in order to avoid paying clients what the courts have ordered.

It has been published many times on these pages that Anfi continues to lodge appeals with the High Court in order to delay proceedings, they have also used the “excuse” that they do not have the money to pay out!

Yet they seem to have plenty of money to launch appeals at the High Court against the rulings of the Court of First Instance!

It has also been reported on all the mainstream media that Anfi is under investigation by the Provincial Prosecutors Office of Gran Canaria, an investigation which may ultimately lead to “criminal charges”.

The investigation not only focuses on “Punishable Insolvency”, which to briefly explain means that due to the movement of funds from the accounts of the “convicted” companies (Anfi Sales SL & Anfi Resorts SL) to other Anfi accounts, leaves them technically insolvent. Thereby they are unable to pay the amounts so ordered by the courts, an insolvent company cannot pay its debts!

After all, we are seeing many other timeshare companies placing their “sales” branches into liquidation to avoid further litigation, despite them giving other reasons. Surely this is a criminal act, yet we hear nothing from the trade body?

Could Anfi be contemplating liquidating the companies involved in these lawsuits to avoid further “convictions”, a move which could be seen as “criminal”?

Could this be in store for Anfi Directors?

The Anfi investigation is also looking at the use of funds paid by members by way of annual maintenance fees. It appears that these funds are also being moved around different accounts to avoid court-ordered embargoes.

One of the possible charges is “Frustration in the execution of sentences” ( another possible criminal charge), due to the Anfi tactic of “avoiding” payments which they are obliged to do so by order of the courts. Inside Timeshare would call this a blatant “contempt of court”!

Yet with all these court cases, the criminal investigation for the illegal movement of funds in order to appear “insolvent” we hear nothing from the industry trade body the RDO, EUROC, Timeshare Task Force or from Timeshare Business Check. These all claim to “protect the consumer”.

One of their own members is flagrantly breaching not only Spanish law but also the RDO “code of conduct” yet they focus on informing “consumers” it is the law firms bringing the cases that are in the wrong. Informing “consumers” of “legislation” which does not exist, such as “it is illegal to take upfront legal fees”. That the courts, including the Supreme Court, have wrongly interpreted the law, that the law firms bringing these cases are “misleading” clients into false litigation.

Our understanding of a “Trade Body” is to regulate members of a particular industry to ensure they all operate in an ethical manner, to represent these members as one voice and ensure that the “industry” is presented in a good light. They should also be ensuring that “consumers” are protected from any wrong those members may do, assisting in resolving any issue.

They should also be sanctioning any member which does not comply with any legislation or breaks any of the “codes of conduct or ethics” that may be in place.

Is the RDO or any other organisation within the timeshare industry doing this?

Inside Timeshare believes not, but we leave you the reader to decide for yourselves.

Previous articles on this topic along with links to news reports.

TVE 1 News report on Anfi Investigation

Previous Inside Timeshare articles

https://insidetimeshare.com/breaking-news-prosecutors-office-denounces-anfi/

https://insidetimeshare.com/the-latest-news-in-brief-azure-services-limited-in-liquidation-and-anfi-funds-frozen/

https://insidetimeshare.com/years-end-not-a-good-one-for-anfi/

Previous articles published by El Diario.

Embargos

Original Spanish

https://www.eldiario.es/canariasahora/tribunales/Fiscalia-denuncia-Anfi-ocultar-embargos_0_924258398.html?fbclid=IwAR2RFYXoewmBTTWBITZLZcXgTe-nSnEmsBgkz04DVFTqzrXm9czh6dqsx5Y

English Translation.

https://translate.google.es/translate?hl=en&tab=wT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2FFiscalia-denuncia-Anfi-ocultar-embargos_0_924258398.html

Clients Filing against Anfi Debts

Original Spanish

https://www.eldiario.es/canariasahora/tribunales/Anfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

English Translation

https://translate.google.es/translate?hl=en&tab=wT1&authuser=0&sl=es&tl=en&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2FAnfi-Timesharing-Condenas-Justicia-Deudas_0_922158442.html

Evading Debt

Original Spanish

https://www.eldiario.es/canariasahora/tribunales/exclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html?fbclid=IwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

English

https://translate.google.com/translate?sl=auto&tl=en&u=https://www.eldiario.es/canariasahora/tribunales/exclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html?fbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Danish

https://translate.google.com/translate?hl=&sl=auto&tl=da&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

German

https://translate.google.com/translate?hl=&sl=auto&tl=de&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Finish

https://translate.google.com/translate?hl=&sl=auto&tl=fi&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Norwegian

https://translate.google.com/translate?hl=&sl=auto&tl=no&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

Swedish

https://translate.google.com/translate?hl=&sl=auto&tl=sv&u=https%3A%2F%2Fwww.eldiario.es%2Fcanariasahora%2Ftribunales%2Fexclientes-lider-europeo-timesharing-denuncian-nuevas-maniobras-empresa-eludir-pago-condenas_1_6623401.html%3Ffbclid%3DIwAR0WC-uPDj_KNYccII5LEX4jus_6UYCRyMJUgtMKBX52tjLOpRNmgQ-ar4k

A New Member to EGTBW (Re-published)

Yesterday we published an article which highlighted yet another Anfi defeat in the High Court, it then went on to ask the question, Why the RDO allows its members to continue to flout the law and yet does nothing to sanction them, despite the fact they are also ignoring the “Code of Conduct” of their membership to that organisation. Back in June 2016 we published the article “A New Member to EGTBW”, which has been republished several times. Although a “Spoof” article with the “Trade Body” being made up it certainly reinforces the question of what are the RDO there for? Today we re-publish the article with a couple of changes as it does go into a little more detail. But first, we begin with a very significant victory in the Spanish Courts.

The case involves a Spanish consumer who purchased a timeshare membership with Club la Costa at their Malaga resort, all well and good you might say, they are covered by the Spanish timeshare laws. Unfortunately this was not to be the case which then resulted in an epic legal battle, one which we have highlighted before, it covers Club la Costa’s insistence that the Spanish Courts do not have jurisdiction over their contracts.

CLC insist that all their contracts, which have the following clause, are subject to UK Law and the Jurisdiction of UK courts, this contention has been the subject of many cases which the High Court of Malaga has rejected. They have consistently ruled that as the purchase was made in Spain, the purchase was made in Spain and the fact the resort is actually located in Spain, gives Spanish Law jurisdiction.

They have also constantly expressed the view that companies operating in Spain cannot unilaterally decide or choose which jurisdiction they come under, thus denying consumers the full protection they deserve.

Now considering that it is also a Spanish Citizen who purchased in his home country, how can a company deny that citizen the full protection of the laws of their OWN COUNTRY?

Well, the Court of First Instance Number 3 of Fuengirola seems to agree, also following the rulings of the High Court of Malaga. They ruled that they did have jurisdiction and declared the contract null and void, ordering Club la Costa to repay 22,546€ including Legal Interest.

No doubt we will see Club la Costa launch yet another appeal, which we have all confidence in them losing yet again.

The case was brought on behalf of the Spanish client by Canarian Legal Alliance.

This is another reason why today’s article is being re-published, according to the RDO “Code of Conduct” which states:

“To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”

This to Inside Timeshare appears to be a very good example of timeshare operators doing what they like along with the protection and support of the “Trade Body” they pay to join. We hope it gives you a bit of a laugh, but most of all it will show you that all is not as it seems.

Inside Timeshare is proud to announce that it has been invited to become a member of the prestigious trade body EGTBW. This is the European Guild of Timeshare Blog Writers, it is affiliated to the IATBWG, the International Association of Timeshare Blog Writers Guilds.

Becoming a member means that Inside Timeshare must adhere to the Code of Conduct and Ethics of this Organisation.

  1. Members must not attack, make detrimental comments or otherwise demean any organisation that is a member or affiliated to EGTBW or IATBWG.
  2. Members must adhere to the laws of the EU, or the country of registration. Unless we can get away with it.
  3. The EGTBW and IATBWG will not mediate in any dispute between a member and non-members.
  4. If any organisation or entity has a complaint about a member of this organisation it must be taken directly to the member concerned.
  5. Any member may lie or spread false information about any non-member, citing freedom of speech and expression.
  6. If any action is taken against a member, both organisations will fully support that member, no matter what it has done wrong.
  7. Members may display both the EGTBW and IATBWG logos on all promotional material, correspondence and websites.

This Logo is a sign of quality and is a kitemark of excellence.

So there we have it Inside Timeshare has paid its £20,000 a year membership fee for the full protection and backup of these prestigious organisations. It now means we can do what the hell we like, so there!

If this was not a joke it would be farcical but unfortunately, this is all too real in timeshare. On a daily basis, we see owners and members being treated in the most disrespectful manner, we have also seen numerous court cases against the timeshare industry for breaking legislation.

There is an organisation that is supposed to be the trade body of this industry The RDO, (In the US it is ARDA), but it is its own members that are breaking the rules. What do they do about it? Not a sausage.

rdo-logo
The Old Boys Club

This organization’s own code of conduct states that members should adhere to any legislation and laws regarding the sale of timeshare. Yet we see illegal contracts still being sold, deposits being taken on the day, all in breach of EU Directives which are supposed to be in each member state’s laws.

The industry funds this organisation and it does its bidding, it will not even investigate its members when a complaint is made by an owner or member. They say that you must deal with your own resort/company.

They also believe that the press does not research the stories they publish, creating even more of a slur on the industry. Following is a direct quote from their own website under why join the RDO:

“Vacation ownership has been the victim of poorly researched press attention. These articles and broadcasts can cause serious and lasting damage to the reputation of the industry. RDO works on behalf of vacation ownership companies to clear up any misinformation, accusations of sharp business practices and to actively encourage the education of journalists and travel bloggers.”

“We believe that this work directly benefits all businesses in the industry by maintaining buyer confidence in holiday ownership. Additionally, RDO members have the added marketing advantage of being able to display the RDO logo on their marketing material. The RDO logo is a Kite Mark of quality for the holiday ownership industry and enables RDO Members to offer additional peace of mind to their customers.”

So a prestigious journalist such as Tony Hetherington has poorly researched his articles. (It must be pointed out that MacDonald Resorts have not been RDO members since 2005, but these articles highlight a problem that is rampant throughout the industry).

tony hetherington
thisismoney

http://www.thisismoney.co.uk/money/experts/article-2346500/TONY-HETHERINGTON-I-escape-nightmare-sun.html

http://www.thisismoney.co.uk/money/experts/article-2698355/TONY-HETHERGINGTON-Even-death-not-rid-timeshare.html

http://www.thisismoney.co.uk/money/experts/article-2527546/TONY-HETHERINGTON-Timeshare-boss-relents-spite-fighting-talk.html

http://www.thisismoney.co.uk/money/article-1323162/TONY-HETHERINGTON-Death-doesnt-bring-end-timeshare-fee.html

So these are poorly researched are they?

On another point, there have been numerous rulings made by the Spanish Supreme Court regarding the timeshare laws, Anfi (an RDO member) have been on the receiving end of these rulings, having contracts declared null and void and huge amounts having to be repaid to consumers. Anfi believes the court has got it wrong, the RDO, it seems agrees with them!

For many, timeshare has become a burden, the membership base is ageing, new younger members are not being attracted to the concept, hence many sales offices are closing and staff being laid off. Yet those that want to get out of their membership are being held to “ransom”, they can’t sell (no resale market) and can’t get out without paying huge amounts for the privilege.

What does the RDO do about this problem of getting out of the timeshare?

It enhances its “Code of Conduct” for so-called “legacy” cases or those sold in perpetuity. The rules are not really very helpful and are as follows:

  • In the event of the death of a joint owner, the surviving owner can surrender their timeshare if they wish and additionally, the beneficiaries of a will are not obliged to take on the timeshare if they do not wish to do so.
  • A timeshare owner who has been declared bankrupt may hand back the timeshare without charge.
  • If a sole owner or either of the joint owners is suffering from a long-term illness that prevents them from travelling to their resort for the foreseeable future, the timeshare interest may be surrendered.
  • In all other cases, an owner may surrender their timeshare interest at any time, subject to the agreement of the RDO member. In such cases, any surrender fee shall not exceed a sum equivalent to 3 years current maintenance fees.

(Notice it states “Subject to the agreement”)

As the industry trade body, should not the RDO back up these owners and make sure their members act in an ethical manner.

In the original article we also asked the question:

What of TATOC in all this?

Although since the first publication TATOC, (The Association of Timeshare Owners Committees)) is no longer, having gone into liquidation due to several legal altercations, it’s purpose was supposed to be representing the owners and their elected committees. As we know Harry Taylor who was the CEO, was in fact a full supporter of the industry and TATOC funds were paid by the industry members the same as the RDO.

tatoc logo

No surprise here, they back the RDO plans to the hilt, after all they are funded by RDO members who pay them to be members of TATOC, all so they can display this organisation’s logo. Oh sorry, it is another sign of prestige, you can trust us we are members of The RDO and TATOC; just look at our logos!

Since this article was first published TATOC has now been totally discredited and forced into bankruptcy. (Search TATOC in the search bar for previous articles). For years this organisation run by the infamous “Harry or is it Henry” Taylor, duped timeshare owners into believing that it was a credible organisation out to protect timeshare owners. It has now been proven that this was not in fact the case, in fact TATOC’s backing of MacDonald Resorts move to transfer their fixed week owners to the infamous points system and become members of a vacation club rather than owners, is a prime example.

We started this article with a spoof, the only thing is this spoof is real when it comes to timeshare. The industry is in decline, its reputation has been sullied, it only has itself to blame, the past greed and belief that they could get away with anything have finally caught up with it. Consumers no longer believe the “sales pitch”, they can see it is not value for money, members see their resorts being rented out to non-members on the internet, usually for less than their maintenance fees. Yet the industry and the Trade Bodies cannot see the writing on the wall because they still believe they are right!

Inside Timeshare will continue to highlight any bad practice and report any news within the world of timeshare. If you have any questions regarding your ownership/membership or need to know which company to deal with, contact Inside Timeshare and we will get back to you.