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Anfi Partner IFA Group Holds AGM

On Thursday 18 July 2019 in Duisburg Germany the Annual General Meeting of the IFA Group, which is a publicly owned company and listed on the stock exchange was held. IFA Group which also includes since 2016 via IFA Canarias SL and Anfi Invest AS owns a 50% stake in the Anfi Group which they purchased from the Lyng family for 41.3 million Euros in September 2016.

After a capital increase which is intended along with other things to acquire the remaining 50% share of Anfi, the company has a balance sheet totalling 467 million Euros, it is also now 76% owned by Lopesan Touristik SA of Las Palmas de Gran Canaria. The operating results after adjustment were only €7.4 million before tax due to various special items. With a positive contribution by IFA Canarias SL of €3.8 million including Anfi with € 2.4 million.

Anfi Gran Canaria

Although Anfi is jointly owned with a 50/50 split between IFA and the Cazorla Group, IFA actually has no say in the company as Cazorla has the “Golden Share”. Giving them total control, this is how it looks:

Grupo Santana Cazorla SL has a double vote on all the key decisions, with IFA only having 33% of the voting rights on these decisions. After the acquisition of the Lyng share, it became apparent that IFA is unable to actively participate in any financial and business policy decisions due to company-contractual agreements. Grupo Sanatana Cazorla SL, in fact, excludes IFA any participation in all business decisions, even important business meetings are held and conducted without IFA. But even so, IFA was able to acquire the balance sheets of the Anfi Group.

IFA has basically confirmed that it is being kept more or less in the dark and have no idea what is going on inside Anfi. This does look like Anfi is holding back very important information regarding their position from its own shareholders, this is definitely no way for a company to operate.

During the Annual General Meeting in Duisberg, the most interesting part was the questions and answer sessions. Unfortunately, these are not required to be published unlike the report of the AGM which should be published in around 1 month.

Due to the presence of Anfi insiders (including Inside Timeshares source), the IFA board was totally overwhelmed with questions concerning almost all the problems of Anfi. There was nothing left out and of particular importance were the questions regarding the solvency and the wave of complaints. Our source has limited these to only a few concrete statements:

  1. By 31 December 2018 there were around 1,000 complaints at court;
  2. The complaints would only lead to a deferred resale of withdrawn weeks;
  3. In all cases Anfi claims it looks for agreement out of court;
  4. Anfi has formed a €15.5 million risk reserve for that eventuality, (does this mean that IFA also has to contribute the same amount?);
  5. IFA sees Anfi as solvent with some bearable risk;
  6. A full takeover of Anfi is planned within the next 5 years:
  7. There are also negotiations with the Mogan Community about a hotel in Tauro;

What we also know about this “partnership” is that IFA claims they were not aware of the “Cazorla Golden Share” until after they purchased the 50% from Ragnar Lyng. It was also confirmed by IFA that they have very limited access to the running of the business and information. This poses a very important question, as IFA is a multinational public company spending millions on this purchase, is it conceivable that they did not perform due diligence before committing to the purchase?

It has also transpired that IFA was also unaware of an article published in La Provincia in March 2019 that Anfi was employing delaying tactics with payouts ordered by the courts. Inside Timeshare found out after consulting CLA that there is €57,800,000 worth of claims. This now begs the question if IFA matches the 15.5 million set aside by Anfi bringing the total to €31 million, who will cover the rather large shortfall?

One thing is for sure, IFA is a very valuable company, they have recently spent $481 million on their new resort in the Dominican Republic, The Lopesan Costa Bávaro Resort, Spa & Casino which is a luxury 5-star hotel.


Costa Bávaro Resort, Spa & Casino Dominican Republic

So even with the Cazorla’s transferring funds between accounts to delay court-ordered payouts, IFA is in a very good position to cover these costs. For claimants this means only one thing, claim payouts will be 100% guaranteed.

It must also be pointed out that the number and value of claims set for the court is only the tip of the iceberg, this may yet rise significantly, especially with Anfi attempting to force members into new contracts. We have already seen two attempts with very little response from the membership.

There are many other questions which need answering but the one that comes up though enquiries to Inside Timeshare most often is if IFA does take full control of Anfi, where does this leave the members, will IFA continue with the “timeshare model”?

The answer that question still eludes everyone.

The one thing that is certain with the IFA revelations and this is great news for clients of CLA with cases in court is that they will now get paid when the court orders the return of their money.

Link to La Provincia article on Anfi delaying tactics.

https://www.laprovincia.es/economia/2019/07/13/grupo-lopesan-inaugura-primer-hotel/1192941.html

Link to IFA stock market information.

https://www.finanzen.net/aktien/ifa_hoteltouristik-aktie

Friday’s Letter from America

Welcome to this week’s Letter from America, today Patty Boyak who has been attending court on behalf of Inside Timeshare reports on the verdict in the trial between Candace Czarny and Hyatt for unfair dismissal. Unfortunately, it is not the result that we had all hoped for. We then go on to report on seven more complaints against a Diamond Resorts sales agent in Las Vegas and five against another Diamond sales agent in California. These complaints are becoming all too frequent with Inside Timeshare receiving them almost on a daily basis, yet the timeshare companies do nothing and continue to allow their sales agents to behave in this despicable manner.

Now on with Patty’s report.

Former Hyatt Timeshare Sales Executive Candace Czarny v Hyatt Residential Marketing Corporation and Kent and Allison R. Drysdale

CASE NO.  CV2013-006230

Jury Trial Verdict

Seven complaints against our Diamond Resorts Las Vegas sales agent and five complaints against our California agent 

By Patty Boyak

July 19, 2019

In the trial of Candace Czarny v Hyatt and Kent and Allison Drysdale, the jury ruled in favour of Hyatt. While the verdict was a profound disappointment for Candace, when God closes one door he often opens another.

In 1991 Anita Hill got dragged through the muck of Senate hearings after accusing U.S. Supreme Court nominee Clarence Thomas of sexual harassment. She didn’t want to go public, but knew in her heart she needed to speak out about actions she felt were inappropriate for a Supreme Court justice nominee. A movie was made about her humiliating ordeal. At the end of the movie, the wrap-up listed the positive consequences because of her efforts. Nationwide revisions to antiquated sexual harassment policies and procedures ensued.

To be honest, having listened to a week of testimony, I felt Candace had at best a 50/50 chance. She had only worked in the timeshare industry for 17 months. However, Candace scored a major victory in court for timeshare members, assisted by other witnesses, and Hyatt’s attorneys provided landmark evidence or lack of:

THERE IS NO LETTER!  

The reason this is so important is that so many timeshare complaints begin with, “They said I should have gotten a letter.” This statement is reported by many Diamond members, including a disabled veteran who caught deception on a recording. Understandably, his dispute was quickly resolved. We experienced the same agent but were told another member’s complaints had no bearing on our complaint.

If you listen to the recording, most would conclude this agent should have been fired. Instead, he introduced himself to us a year later as a Platinum Counselor, and just a few weeks ago, our group received complaint #7 against this agent.

Defendant Kent Drysdale was Hyatt’s Director of Training, but some of the deceptive practices described in Candace’s lawsuit (like the letter), were the same practices members complained about during the Arizona Attorney General’s investigation of Diamond Resorts in 2016. Mr Drysdale was the Director of Training for Diamond prior to being recruited by Hyatt. Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance against Diamond Resorts after the AG’s office received hundreds of complaints from Diamond members.

A “deceptive price freeze” demands the member buy points the same day or loose special pricing. In the case of the veteran who recorded our Diamond sales agent, not only had the veteran repeatedly asked for his driver’s license and credit card back over two hours of a five hour ordeal, he was told that because he “didn’t get the letter” he was not grandfathered in for a special price after Apollo Global Management had acquired Diamond. Alaa stated this meant they would have to pay enormous maintenance fees over the next ten years unless they purchased additional points. As this dispute quickly resolved, we will not identify the buyers or link the article published about their dispute.  

Thank you, Candace!  

Those of us whose families have been harmed by timeshare sales agents, now have proof of deceptive and unfair practices because Hyatt’s attorney could not produce the letter. One of the members of the jury had asked where it was. There were 200 exhibits. Two letters hastily produced at trial, but neither had anything to do with a prior letter the member was supposed to have received.    

I would like to share our Diamond Resorts experience so consumers may understand how the decked is stacked against the consumer. Of the 913 complaints our advocacy group has received, 115 are veterans and active duty service members. My husband is a Navy veteran.

Our Timeshare Accountability Group™  members share experiences in an effort to expose timeshare sales agents that have had multiple complaints filed against them. Including the veteran and our family, a total of seven complaints have been received, directed against Las Vegas sales agent Alaa C, and five complaints against California agent Trevor W. We purchased from both agents!

I have asked Inside Timeshare to publish our complaint submitted to the California and Nevada Real Estate Divisions hoping to reach lawmakers who, in recent Arizona legislation, bent to the will of ARDA lobbyists. ARDA’s position is that a state should not take responsibility for those who did not bother to understand the product and Arizona Senator Michelle Ugenti-Rita was quoted, “These people are adults. There was a meeting of the minds and they signed a contract. They should take responsibility.”

I’d like for ARDA lobbyists and lawmakers to read five complaints against the California agent in today’s article, and the seven complaints against Nevada agent Alaa C (to be published next Tuesday) to understand the kinds of minds that meet.            

Five complaints against California Diamond sales agent Trevor W and Principal Broker Peter M

Trevor W complaint #1 A Senior in her mid-70s

Trevor W complaint #2 Brandon and Patty Boyak

Trevor W complaint #3 A Navy veteran

Trevor W complaint #4 Reported complaint but did not buy

Trevor W complaint #5 A senior age 75, resolved 

Trevor complaint #1 Platinum Member #80 of 101, age 75

April 10, 2019

My mother lost her entire retirement annuity of $350,000, plus maintenance fees are $20,000 so almost $400,000. She was switched back and forth five times over six transactions.  (Highlighted in red are agents Inside Timeshare received multiple complaints against):   

Everything was okay until May 2015 when Rick C transferred her points to the US from Hawaii, which cost $42,000. September 2015 she was switched back to HI by Paul M for $33,000. April 2016 HI points were switched back to the US at Mystic Dunes in Orlando, by Angelica S. In March 2017 she was switched back to HI by Ras for $38,000. November 2017 Palm Canyon Resort $80,000 bought points from Trevor W. October 2018 Billie B and Fred K transferred points back to the US telling her she would be able to pay maintenance fees costing $45,000. In Hawaii, one of the brokers said he has a broker who could help her rent points (which is not allowed for-profit) to get her money back and in the future, her points could be sold back to Diamond. 

She did not buy a second time March 2019 from Paul M. Paul said she should switch back to HI because there was going to be a huge Special Assessment in the US if she didn’t switch back to Hawaii for $63,000. She ended up with 100,000 US Collection points and $17,000 in annual maintenance fees

Trevor complaint #2 Platinum Member #28 of 191

July 6, 2019

Brandon and Patty Boyak

Our complaint is against CA Diamond Resorts sales Agent Trevor W.  

We purchased 17,500 points October 21, 2017, from Trevor at Palm Canyon Resort in Palm Springs, CA for $72,850.

Consumers need to know there is nothing to prevent timeshare fraud without a recording because proof is required. I spoke to attorneys to ask what constituents proof. I was told a pattern of complaints serves as a form of proof.  This is why we are gathering complaints.    

Peter M, Principal Broker California  

Trevor W said if we became Platinum “members” as opposed to “owners” we would be eligible for a program to sell points back to DRI at $0.30 per point. He explained this as a buyback program available only to Platinum members. We had never heard the term “member” before.  Trevor explained that by becoming a member we would lock in our maintenance fees, preventing them from increasing at alarming rates over the coming years. There is no such thing as member or owner points.

We never attempted to sell points back at $.30 because we missed the window period. Trevor explained that we had to turn in points by November 30 and we had to have 20% of our loan paid to be eligible for the maintenance fee buyback program. In no way would we have 20% of the loan paid in such a short time. This avoided the rescission period.  We were already aware of a travel discount program called 30/30. We did not know at the time only Platinum members can pay maintenance fees at $.04 per point, a worthless benefit because 50,000 points turned in at $.04 a point would cover only $2,000 towards an $8,631 maintenance fee bill (in 2018).

Trevor explained that as soon as a buyer makes an initial purchase of Diamond points, they become an owner.  Any new purchaser is considered an owner, but once we became Platinum we would become a Diamond member. He reminded us that we were considered “owners” because of our past Monarch affiliation.

We had five contracts prior to this meeting. This would finally give us true Platinum Member status with DRI.  The contracts were not wrapped.

Trevor Complaint #3 #78 of 101

A Navy veteran (retired), age 69

April 5, 2019

To: Michael Flaskey, CEO

Maria Kalber

ARDA

ARDA ROC

Barclay’s Bank

January 28, 2018

Points purchased: 1,500

We attended a presentation at a hotel on January 28, 2018.  Mr R. He said it would be better if we were to upgrade to Platinum because then we would be able to use our points to pay maintenance fees. I explained that we did not have the resources to upgrade. After several hours we agreed.

September 4, 2018, NV

Points purchased: 16,000

Sales Agent: Mr J Trevor W

Manager: Mr Matthew G

Purchase price: $48,000

September 4, 2018, we met with Trevor W. Mr W went over our account and stated that we were only a temporary platinum member and that we could not use our points towards maintenance fees.

I recall being told several times that if we were to upgrade to Platinum it would be an investment that we could pass to our children. He said if our children did not want the timeshare in the future they would be able to say that they did not want it or that they could sell points to pay maintenance fees.

Mr W asked us how we were able to purchase our existing points at such a low price because the price for points now was much higher.  He left to talk to his manager and came back stating that they would honour the low point price but if we waited the price would be substantially higher, somewhere in the range of 9 dollars and that they would increase soon in the future.  It was again mentioned that we would be able to use our points to pay maintenance fees by selling points. He said we would be able to sell our timeshare points outright in the future, but not at the present time.

Mr W said he would assist me in using Barclay Card points and Platinum exchanged points to pay maintenance fees. Mr W gave me his cell phone number and told me to call him towards the end of the year and he would assist me with the process.  Mr W never returned calls. After contacting customer service I found out that the point conversion was so small it would not make a dent in the liability. I did not find this out until I was billed for maintenance fees and attempted to pay the fees via points.   

 I have learned members are not required to attend presentations unless accepting a promotion. This also is deceptive to be told an update is required when it is not. Diamond points are worthless on resale. 

A senior, age 73, who did not buy from Trevor  

Trevor Complaint #4 Platinum member #85 out of 101

At Palm Canyon CA Trevor showed me a graph of maintenance fees showing maintenance fees increasing. Trevor had said that the way my contract with Al C had been written, my maintenance fees were at a higher rate of increase. Al had told me my maintenance fees would be at the lower rate of increase, but Trevor explained that because of how C wrote the contract I was at the higher level because C wrote the contract as an owner contract and not a member contract. He explained that there is a difference between members and owners in terms of how much you pay in maintenance fees. However, I bought non-deeded Diamond points from Al, so what he sold me was a membership. He said C made more money selling owner points.

Trevor waived the maintenance fee graph in front of me and said, “I know you are telling me the truth because there would be a signature acknowledging receipt in your file”. I asked Trevor for a copy of the contract history he was reviewing, but he said he could not give this to me. Trevor said the only way to fix the problem C caused was to buy more points for $125,000. Had I believed Trevor’s nonsense about buying ownership and not membership points, I would have been driven deeper into debt. I would be another Platinum member-driven into foreclosure.

Trevor also presented the misrepresentation about heirs saying that my heirs would be responsible if I did not buy an additional 75,000 points for $125,000.

Trevor, and a second agent, Brad G, said I could get out of the owner status and go to “member status” if I made the purchase.  Trevor assured me if I bought the points, I would then have the lowest maintenance fees. He told me I would need to do this to take care of the mess C had created.

Trevor and Brad acknowledged that “middle easterners at Cancun” in Las Vegas often made these mistakes. They thought Al was one who had put another person in a bad situation, but they would call Mike B to see if they could help me. Trevor agreed that Al had sold me a bait and switch.  Trevor and Brad also stated that Al had sold me 7000 more points than I needed to reach platinum status.

In the end, I did not feel that I could trust Trevor. I asked Trevor for a copy of his proposal that he had written down so I could talk to my financial advisor. He would not give it to me. I said I had to talk to my family because they had been waiting for hours. My friend and daughter-in-law returned with me and said that I was not going to sign anything. Trevor got nasty and said, “I resent you coming in here at the last minute giving advice.”

I also was told that unless I bought the new points from Trevor I could not sell my points.  If I did buy the points from them, Diamond would give me a list of members to whom I may sell. Diamond points are worthless on resale.

Besides ruining my afternoon with my family for my grandson’s birthday, I was a mental wreck.  When I returned, I told the two men that I didn’t have enough funds to make the purchase. I asked for more time so I could talk to my financial advisor who was not available by phone.  Trevor denied that request. He said I had to sign right then. He said if I signed I had 7 days in CA to cancel the contract. 

Trevor Complaint #5

A senior, age 70, Diamond Platinum member #90 of 101

June 5, 2019

To Michael Flaskey, CEO

Hospitality

Barclay’s President’s office

ARDA ROC

California Real Estate Division

Peter M

Trevor W

On 4/22/19 in Palm Desert, I went to an “Owner Update” with Platinum specialist Trevor W.  I had previously been assured that since I already owned 90,500 points, I was well in excess of the 50,000 points needed to be Platinum. I am 70 years old and have no children. The timespan and need for points are limited. Trevor launched into an explanation of why I had to buy additional “membership” points because the prior Hawaii sales agent had fraudulently, or at least mistakenly, sold me “owner” points due to inadequate training.  

I explained to Platinum specialist Trevor W that my only goal was to find a way to SELL my points, and also to make absolutely sure that Diamond could NOT attach my estate because my heirs did not want the points. 

Trevor explained that my points were essentially worthless, that there was no market for them because of the type of ownership category I held. He explained that the points that I owned, on the secondary market, would have none of the myriads of benefits like travel reimbursement for air and hotel, or access to other features. The buyer could only access specific Diamond-owned properties. 

The Hawaii sales agent said that Hawaii points were the premium to own and in huge demand by buyers. They explained that Hawaii points have a limited supply, so I could use them and then easily sell them. In fact, they said Diamond itself would likely buy them back because they were running out of property in the tight Maui market. 

Trevor pretended to be disappointed that I was sold a pack of lies, and implied that the Diamond rep knew the Hawaii points had no resale value. He said the rep should have disclosed this fact about worthless “ownership” points, worthless even when sold in Hawaii. I was really discouraged. Trevor posed as my friend, sorry to have to explain this to me.

Trevor offered a solution. Apollo owned Diamond, and Apollo was going public in the next couple of months. He said Apollo wanted Diamond to be clean as a whistle to have a stellar rating and reputation. Many owners had complained about not being able to resell, so Apollo had created a new class of ownership called “membership” which entitles a future buyer to all the Platinum benefits of my points. The maintenance fees for “owners” were going to skyrocket, compounding every year. He showed me a horrifying chart showing maintenance fees growing to a million dollars in aggregate over 20 years.  But the “membership” category would be capped. This would result in huge savings over time.

Trevor said the terms of the public offering SEC filing by Apollo mandated that points had to be sold at a base rate of slightly over $11/point. No more bargaining. Trevor said there were scores of Platinum buyers clamouring to buy points, as they would not want to pay the new rate, creating a hot market to sell points to those who had previously purchased “ownership” points like I had been mistakenly sold. Trevor said he would give me a list of buyers with their emails once Apollo went public. Of course, it would be up to me to make a private party agreement.  We had an elaborate discussion about what my average cost per point would be – about $4.50. 

Trevor said he had recently purchased points, knowing he could sell them back at a profit. Being leery, I said I wanted to see his purchase contract, which he said was at home, so on speakerphone, he called his wife to ask her to fax it.  She answered, such a sweet voice, and said she was at the market, but would send it as soon as she got home. So we took a break, as we’d been talking for hours. The break stretched to an hour. When we reconvened Trevor showed me his purchase contract. It must have taken an hour to make the mock purchase contract, backdate it, and have it faxed.

The hook was lowered.  I would be required to buy 25,000 points at $112,500 in order for Diamond to convert all my “ownership” points to “membership” points.  I was shocked at the dollar amount. It was like betting on the come, but it seemed the only way out. In about 2 months, Apollo would go public and Trevor would give me a list of eager existing Platinum owner-buyers. As I stalled, exhausted and discouraged, Sales Manager, Bradley reassured me.

I signed the purchase contract with misgivings, and explained to the contract/quality control guy (who said he was there to protect me from any misleading sales practices), that I was forced to buy points in order to be able to sell points in the near future and at least break even.  He didn’t blink an eye, which was reassuring. 

During this process, a loved one was rapidly sinking into dementia/Alzheimer.  

Members and current and former timeshare sales agents like Candace can help by joining forces with others seeking to reform timeshare. Sign this petition for reform to let your voice be heard, and join one of these self-help groups.

https://www.change.org/p/state-legislators-in-arizona-florida-and-nevada-demand-reform-of-the-timeshare-industry-s-unfair-and-deceptive-practices

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://tug2.com/Home.aspx

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

Free at Last Facebook

https://www.facebook.com/groups/623703881470577/?ref=share

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

https://www.facebook.com/groups/2213231165610648/

Once again thank you Patty for taking the time to attend the trial and submitting your report, itjust unfortunate that it was not the result that Inside Timeshare and our readers had hoped for. We must also give Candace a very big thank you for having the courage to take on the big boys, we all hope that you will now move on and rebuild your life.

If you have any comments or views on this or any other article published, please do use our contact page and let us know.

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

Latest News: Excel Overseas Holdings Ltd Provisional Liquidation

Today Inside Timeshare has received a copy of an email sent by Kola Advisors and signed by Barry Lynch on behalf of Alex Lawson and Paul Pretlove of Alvarez and Marsal who are the appointed as Joint Provisional Liquidators of EOHL. This letter was apparently sent to “Investors” of the Excel Lodgings Participation Program or ELPP. In his letter, Barry Lynch explains what is happening and it does not look as though this is going to be a quick or simple process.

Alex Lawson and Paul Pretlove

Lynch begins first explains that the company EOHL (Excel Overseas Holdings Ltd) was placed into provisional liquidation on 26 March 2019, this a was put before the High Court of Justice of the British Virgin Islands (Commercial Division). He explains that the application has been brought by a company called Landcastle Holdings Ltd, which as it turns out is a majority shareholder of EOHL.

Lynch then report on the hearing of 13 May 2018 before the BVI Court in order to bring the application to a final hearing. At this hearing, Landcastle Holdings argued that the application should be dealt with in the same way as other similar applications. They were seeking the appointment of liquidators for the benefit of creditors and hoped that the final hearing would be held within 6 to 8 weeks.

This was opposed by another company called Landcastle Capital Ltd who are registered as minority shareholders of EOHL.

Although these two companies have similar names they are in fact separate entities independent of each other and separately owned and managed.

Landcastle Capital is owned by a gentleman in New York who is attempting to block the liquidations.Landcastle Holdings working on information they have available are of the view that this individual is primarily responsible for the issues facing EOHL. This also includes all the problems now facing those “Investors” of the ELPP.

So what do we deduce from this?

It looks like that this is a dispute between the shareholders of EHOL, this means that both parties should be required to lodge their pleadings in full detail on their respective positions of the dispute.

The BVI Court ordered that pleading did need to be filed in the application so they may determine the claim.

Landcastle Holdings filed and served their statement of the claim on 21 June 2019, Landcastle Capitol has until 19 July (tomorrow) to file and serve their defence.

High Court BVI

With the BVI Court’s decision the application will not be a speedy one as was initially hoped, it is believed that the application is not going to be heard until late 2020 or even early in 2021.

The Joint Provisional Liquidators have now taken control of companies which are below EOHL within the corporate group, they are believed to be taking steps to protect and maintain the value of all the assets. Lynch states that the JPL’s “are working diligently to ensure the best possible outcome for EOHL creditors, principally being the ELPP Investment investors”.

Apparently, Landcastle Holdings is continuing to seek the appointment of liquidators to EOHL.

If any of the assets of EHOL be realised then any money collected from those assets will be held in the estate of EHOL purely for the benefit of creditors and to cover any ongoing costs. This will also include costs for the provisional liquidation and any future liquidation. It is not yet know how the distribution to creditors will pan out.

Lynch ends his letter with “the JPL’s will continue to take all necessary steps to protect and maintain the value of EHOL assets. They will also continue to provide creditors with updates on any relevant developments”.

This along with all the other articles Inside Timeshare has published on the tangled web of companies of which Silverpoint is part of, is going to be a very long-running and complicated story. It is one that Inside Timeshare will be following very very closely, so watch this space.

Latest News: The Paramount – Club Paradiso

Over the past few weeks Inside Timeshare has been running a series of articles regarding the troubles around Silverpoint and associated companies. We began with a series of articles in six parts on the truth behind Silverpoint this can be found in the link below. As a result, Inside Timeshare has been receiving many enquiries on this but also many many more from members who have been told their bookings will not be honoured.

https://insidetimeshare.com/?s=exclusive+breaking+news

Our readers have also been sending letters to Inside Timeshare from Excel Hotels & Resorts SA and also from Club Paradiso Ltd outlining their reasons behind all of this. We begin first with the letter one reader was given by Excel while actually on holiday.

In this letter which can be read in full on the link below, explains that on 13 September 2018, Excel Hotels & Resorts SA, had terminated the product marketing agreement with Signallia Marketing Distribution SA, formerly known as Silverpoint Vacation Solutions SA.

The result is that any member who has booked through Signallia to stay at any of the resorts managed by Excel has after that date will not be honoured. They do however say that they did honour some of the bookings to “prevent disruption” being caused to members.

It also transpires that Signallia continued to market the products even after the termination of the agreement without the consent of Excel. Therefore none of these reservations will be honoured at any of the resorts.

The letter also goes on to say that Excel never received any payments collected by Excel and that they are not liable for any sums paid. Now considering that all these companies are interlinked via the parent company which was owned by the late Bob Trotta does make this look very suspicious indeed.

The letter which is unsigned but carries the Excel stamp ends with Excel informing clients that they are informing the relevant police authority, in other words, they are denouncing one of their own companies!

PDF of the full letter

Several other readers have also sent us a letter amounting to 4 pages, with the last 2 being Frequently Asked Questions, from Club Paradiso Ltd another British Virgin Islands company and signed by Alex Lawson who we know is working on behalf of the Trotta family with his company Alvarez & Marsal to liquidate assets to save the Trotta family fortune. (See the link at the start)

The letter dated 12 July 2019 begins with advising members that on 14 May 2019 he was appointed as a director of the company, with the former sole director resigning with effect from 30 May 2019. This now makes Lawson the sole director of Club Paradiso Ltd.

He explains that since his appointment it has become apparent that Club Paradiso is facing a “number of significant issues”, we know and so do all the members who are contacting Inside Timeshare!

He goes on to complain that not all the company’s books, records and documents have been made available to him, it appears that he is unable to do his job because of this. Now the question is what actually is his job?

We know he has been appointed “administrator” of several other Trotta companies including Keys Concierge which we know has also closed down. He is also the administrator dealing with the liquidations of two BVI companies, Limora Investments Ltd the parent company to all the others and also Excel Overseas Holdings Ltd. We also know that a new company by the name of Excel Overseas Holdings is based in Dubai. So we can assume that his job is either to revamp the “Club” or “liquidate it”, we actually believe it is the latter given what his company does.

This letter also goes on to explain under previous management Club Paradiso failed to pay for the contractual agreements and arrangements with other service providers and resorts. Now we also know that all these “service Providers” and “resorts are all part of the same group of companies owned by the Trotta family under Limora Investments Ltd.

Again we see another tangled web of intrigue and dodgy dealings which is resulting in nothing but stress and anguish for the consumers who have paid considerable sums for these products. We know from our readers that they are all worried they are about to lose everything, not just the holidays not being honoured but now having to pay for new bookings after they have already paid their annual maintenance fees!

To Inside Timeshare, this does not seem to be fair, most of these members have initially paid thousands of pounds to purchase the product and also thousands in annual maintenance fees. Now it does not take a lot of working out, but these companies have made millions over the years and this is how they treat their clients. SHAME ON YOU!

The letter from Alex Lawson

Have you purchased any product from Silverpoint, Signallia Marketing or any other company and are worried about all that is going on, then use our contact page and let us know. We will explain what your legal options are and point you in the right direction to get the legal help you need.

Remember, the courts are finding in favour of the clients on all cases going to court, this may be the only way not to lose what you have “invested” in your holidays.

The Tuesday Slot

Welcome to this weeks Tuesday Slot, today Patty Boyak reports on the trial highlighted in Friday’s Letter from America on 5 July between Candace Czarny and Hyatt. The case centres around the wrongful termination of Candace after being forced to use “unfair and deceptive sales practices”.  Branded a whistleblower she found it difficult to find new employment, but she has worked hard to rebuild her life and Inside Timeshare is proud to share her story, after all, that is what these pages are about, to give you the reader a glimpse into the world of timeshare and all that is dirty about it.

Part II Continuation of Whistleblower Wrongful Termination Trial

Candace Czarny v Hyatt and Kent and Allison Drysdale

Part I: The Trial

CASE NO.  CV2013-006230

https://insidetimeshare.com/fridays-letter-from-america-57/

By Patty Boyak

July 16, 2019

I learned a lot this week attending the jury trial of Candace Czarny v Hyatt and Kent and Allison Drysdale that began last week in Maricopa County, Arizona, Superior Court. An Arizona resident myself, I took this opportunity to observe the trial proceedings to better understand the inner workings of timeshare today.    

Candace worked for Hyatt in Sedona, Arizona from November 2011 to June of 2012. She previously worked at Diamond Resorts but left Diamond concerned about what she considered to be questionable business practices. Hired by Hyatt to sell timeshare, Candace alleges in her lawsuit that she was forced to employ unfair and deceptive sales practices or face termination. Hyatt did terminate Candace.

Sedona is a small town, so Candace had difficulty finding work after her termination. She moved to Phoenix. Candace had lived in Sedona for 25 years.

Hyatt’s attorney, Mr Kraig J. Marton, challenged the reasons why Candace had remained unemployed since her termination, insinuating that Candace had not tried very hard to get a job, even after moving to Phoenix.

I reached out to Candace outside of the trial. I had not attended Candace’s testimony in which she explained the difficulty she experienced when she sought employment. Candace said that potential employers were turned off because of her whistleblower stigma. Candace generated income from her rental property and worked on re-stablishing a business she had been involved with previously. She has been generating income from that business since 2017. Prior to that time, she had been paying off debt to re-establish her business.

Candace said in Phoenix, she has been living in a 10 x 10 rented room with a view of a block wall, after living in a beautiful home in Sedona with views of the Red Rocks. Candace said she mitigated her damages by scaling back, but she has not sat around idle since her termination.  

Mr Marton continued to examine Candace’s work history. Candace responded that the reason she did not apply for other timeshare positions is because she did not want to find herself put in another position in which she would be instructed to employ unfair and deceptive sales practices. She felt the obligation of anyone holding a real estate license is to uphold the principles of integrity that holders of a real estate license should abide by. 

Working under the conditions Candace described took an emotional toll. A witness for the Plaintiff, Jackie Garrick, who is an expert in Workplace Traumatic Stress and post-traumatic stress disorders (PTSD), described psychological abuse as a “serious injury” justifying a diagnosis of PTSD. Ms Garrick explained that PTSD can be experienced by anyone, not just soldiers who witness harm against others and suffer a moral injury because it violates their sense of ethics. She compared whistleblower retaliation to domestic abuse in which one spouse manipulates, humiliates, isolates, and bullies another spouse. Defence attorney Mr Marton tried to minimize PTSD as if it only related to combat stress, ignoring all research on emotional abuse and identity disruption.      

Candace’s attorney, Joshua Carden, next called Larry Stokes as a witness for Candace. Mr Stokes is an economist. He testified as to Candace’s loss of income. He calculated her annual wages as follows: 

Loss wages from 8/2012 to 7/2019

$449,186 in back pay

$168,709 in loss front pay

$54,756 in interest on back pay

Grand Total:  $672,651  

Former Hyatt Sales Executive Mark Schmidt, also a witness for the Plaintiff, testified on July 9. Mark had worked as a timeshare sales agent for 15 years. Candace and Mark’s employment overlapped for a period of about two months, prior to Candace’s termination. On cross-examination, Mr Schmidt was asked about his relationship with Candace. He stated they were friendly coworkers. They were asked about emails they had exchanged as to the possibility of an age discrimination lawsuit against Hyatt

Mr Schmidt had also been terminated from Hyatt for being a “bad fit” and for poor performance. Mr Schmidt responded that he had worked three tenures at Hyatt and generated $130,000 in sales the last six working days of a March month. An “eligible for re-hire” letter was placed in his personnel file. Mark said the reason for his short work tenures was because he would leave the company if a bad sales manager was hired and wait it out until the sales manager was fired or left the company.  

Like Candace, Mr Schmidt testified that he had been terminated because he refused to give false statements to potential buyers. He stated that Kent Drysdale in 2012 instructed agents to sell “First Day Incentives” that were deceptive. Agents would threaten potential buyers, telling them that if they did not buy that day, in the future they would have to purchase a two-week timeshare vs only a one-week timeshare. It was not true that buyers could not buy a one-week timeshare in the future.

What Letter?

One fraudulent practice was that Mr Drysdale trained his sales agents to tell existing Hyatt clients that there was a letter sent to the existing member advising them of an advantageous price, but the letter, in fact, did not exist. According to Mr Schmidt, Mr Drysdale instructed the agents to tell the existing member that they would check their file to see if the letter was there. One of the jurors asked if they could see the letter. Hyatt’s attorney seemed to scramble to produce the letter. What was produced, Mr Schmidt said, was a completely unrelated document. It was an Upgrade Document Declaration. This document was discredited because it pertained to the surrendering of points after a member upgraded. Mr Schmidt added that if the letter existed, Hyatt would have produced it during discovery. 

Oh boy, have I heard this “Did you get the letter?” before. I am a member of a 3,300 timeshare member-sponsored Facebook. Many complaints begin, “They said we should have gotten a letter!” If the letter is fictitious, this is unfair and deceptive.    

Mr Schmidt stated that Mr Drysdale used to be the Director of Training for Diamond Resorts. He brought up the Assurance of Discontinuance (AOD) and the $800,000 fine issued by Arizona Attorney General Mark Brnovich after their office received hundreds of complaints from Diamond members. Mr Drysdale had been employed by Diamond Resorts during the period in which the Arizona Attorney General’s office received so many complaints.

In addition to the Arizona complaints, I was aware of former Diamond top sales agent Mary Bowling’s allegations, describing how a deceptive price freeze was employed by Diamond sales agents in Hawaii:

Mary Bowling sued Diamond Resorts, not because of deceptive sales, but because she was terminated when no one else was. She applied for FMLA 2-12-16 and was terminated 2-15-16. 

Case 1:17-cv-00562-DKW-RLP filed in Hawaii District Court

Page 10 of complaint

#43 Owners Update is deceptive because it is to sell points.

#44 Customer is told the current “list price” but the agent has to see someone else.

#48 the sales agent has the customer sign a form indicating they were updated and the agent has to have the manager sign off.

#49 the sales manager has reviewed all prior customer contracts and the manager falsely states the customer was given a “price freeze” but none exists.

#50 because of the “price freeze” only today can the customer buy for the discounted price.

#51 the price given is the real price planned from the outset.

#52 the “price freeze” never existed because (a) The special deal available to this customer only is available to anyone and (b) Urgent to buy only for today

#54 this is lucky news for the customer – brand new information!

#55 the sales agent waits for the customer to “step in”

At one point, Candace had provided an example of an observed deceptive sale: “Say the property is $35,000, but the Director of Sales would say that there had been a default, so we got this new inventory we can get you for $29,500. However, $29,500 had been the intended price all along.” Mark Schmidt explained that the difference between a primary residence negotiation and timeshare, is anyone selling a primary residence doesn’t start with their bottom line price requirement, then issue threats and false consequences if the interested party doesn’t buy at the bottom price that day – or will not be able to buy the house the next day at the low price.

Mr Schmidt further testified that price sheet packages were manufactured by Mr Drysdale: a two weeks package and the standard one week package. Mr Schmidt stated that Mr Drysdale would change the prices at will.

Mr Schmidt was asked to describe Mr Drysdale as Director of Sales.  He said Mr Drysdale was aggressive and physical. He witnessed Mr Drysdale giving a body check to Joey, another sales agent. Mark stated he addressed his concerns with Human Resources regarding Kent’s behaviour that included CIA like intimidation tactics and deceptive practices. He said Mr Drysdale was enthusiastic about the practices and procedures described in the CIA Manual on Human Manipulation.

Next a witness for Hyatt, Theodore “Ted” was called. Ted was the former Director of Sales during Candace and Mark’s tenure. He had hired Candace and supervised Kent Drysdale. Ted said Candace had little sales experience but was hired anyway due to tough hiring times during the years 2010 to 2011. He described Candace as someone who didn’t want to listen and stated that her personality wasn’t “fun” or personable.  He claimed he tried to help her but concluded she was not “coachable” as she did not like to take his advice. He stated she had low performance. 

July 10

Candace returned to the witness stand. In earlier testimony, it was described how Hyatt employee Shelley instructed Candace to create a “First Visit Incentive” document. This document was reviewed by the potential buyer, but never given to a buyer.  

Candace testified that another agent, Scot Steward, did not have a real estate license on file, but was allowed to give tours and transact sales. Mr Steward had been hired by Shelley or Mr Drysdale. Candace took handwritten notes of observed sales and the line rotation, meaning who was up next to meet a potential client. Her notes showed that Mr Steward made a sale, but that Mr Drysdale had limited the number of tours Candace was given, a practice used against an agent who did not play by the rules. There are 3 types of tours: 1) An owner 2) Owns a timeshare other than Hyatt 3) Not a timeshare owner. Candace stated that AM tours always went to the agents on the top of the list (Top Selling Agents).

On Friday I will continue with what happened next. All in all, it was a fascinating experience, and I have a much better understanding of how easy it was to dupe our family. My husband and I experienced deceptive timeshare sales practices. We have joined forces with other timeshare buyers alarmed at the rise in such practices. Deceptive practices seem to be employed industry-wide by some sales agents and managers. That’s my opinion, but the only opinion that counts are the opinions of the nine members of the jury. Join a self-advocacy group if you would like to join our timeshare consumer protection efforts. 

Please sign our petition to reform timeshare:   

https://www.change.org/p/state-legislators-in-arizona-florida-and-nevada-demand-reform-of-the-timeshare-industry-s-unfair-and-deceptive-practices

Candace Czarny has joined our list of just a few of the recent Attorneys General investigations and lawsuits. We’re not making this up.

The NY Attorney General investigation into the Manhattan Club resulted in a $6.5 million settlement. https://www.amny.com/real-estate/the-manhattan-club-settlement-includes-6-5-million-in-restitution-ag-says-1.14048559

Colorado Attorney General sued Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices. https://businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/

Missourians sometimes are targeted by real estate developers and resort communities to buy vacation timeshares. https://ago.mo.gov/civil-division/consumer/consumer-topics/vacation-timeshares

Arizona Attorney General received hundreds of complaints against Diamond Resorts, fined the company $800,000 and issued an Assurance of Discontinuance. https://azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Tennessee Attorney General announced a $3 million settlement with Festiva, a network of vacation and timeshare companies, for alleged violations of the federal Telemarketing Act, federal Telemarketing Sales Rule, and the Tennessee Consumer Protection Act. https://www.tn.gov/attorneygeneral/news/2016/2/24/pr16-04.html

Connecticut Attorney General George Jepsen says his office received 58 timeshare complaints in 2018, including concerns about pressure sales tactics, exorbitant fees, and difficulty reselling. https://www.nbcconnecticut.com/news/local/Timeshare-Troubles–What-To-Do-Before-You-Buy-and-Sell-504017151.html

A Florida Whistleblower lawsuit was filed on behalf of ten former Wyndham employees, including eight former sales agents. Plaintiffs allege that they objected to and refused to participate in illegal sales practices.  https://insidetimeshare.com/fridays-letter-from-america-42/

Former Wyndham sales agent Trish Williams, a jury awarded an initial $20 million. https://dolanlawfirm.com/2016/11/wyndham-timeshare-whistleblower-lawsuit/

Candace Czarny v Hyatt and Kent and Allison Drysdale – Former Hyatt timeshare Sales Executives alleged that they were instructed to make certain false statements and omit certain facts when communicating to Hyatt owners and potential clientele in order to make more sales. https://insidetimeshare.com/fridays-letter-from-america-57/

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://tug2.com/Home.aspx

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

Free at Last Facebook

https://www.facebook.com/groups/623703881470577/?ref=share

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

https://www.facebook.com/groups/2213231165610648/

Thank you, Patty, for taking the time to attend the trial and prepare this very interesting report, I am sure that all our readers are rooting for Candace, it is time that justice was done.

If you have any views or comments you would like to share please use our contact page and get in touch.

Friday’s Letter from America

Welcome to another Letter from America, this week we welcome another new contributor Diane Smith with an introduction by our very own Irene Parker. This article looks at Bluegreen and their suggestion that Diane donates her points to one of four selected charities. Have we not heard of a scheme like this before?

Bluegreen offers new Pilot Program to Donate Points to Charities 

Diane Smith Responds to “Who’s the Fish?”

Bass Pro Lawsuit v Bluegreen

https://insidetimeshare.com/the-tuesday-slot-38/

July 10, 2019

By Diane Smith

Introductory comments by Irene Parker

I was alarmed when Diane reported that Bluegreen suggested she donate her 5,000 points to one of four select charities. Charities don’t need the liability of a perpetual contract and ongoing maintenance fees. After learning one of the charities was founded by the co-founder of RCI, and other timeshare executives are members of the 18 member Board of Directors, I reached out to industry insiders, puzzled.  

Christel DeHaan, Founder and Chairman of the Board

Co-Founded and sold RCI for $825 million

https://www.forbes.com/profile/christel-dehaan/?fbclid=IwAR3Qn-QE_uDsHYPVo0b9yuh3qb4Y4opDRT7zAiC0wk97D_n0H19_bD7re7k#6d7903079fd0

https://christelhouse.org/our-people/

Olivier Chavy, President, RCI Exchanges

Gordon S. Gurnik Executive Vice President and Chief Operating Officer, Hilton Grand Vacations

Don Harrill, Vice Chairman of Board of Directors, Orange Lake

According to an industry source, who wishes to remain anonymous, the charities will not be liable for maintenance fees or the perpetual contract. If Diane were to donate her 5,000 Bluegreen points, it would prompt a paper transaction known throughout the industry as a “Press and Clean” that will ultimately transfer the points back to Bluegreen. While transferring timeshares is perfectly legal, legal point laundering does not solve the problem when timeshare buyers experience unfair and deceptive sales practices.  

If my source is correct, in this scheme, Bluegreen controls who gets referred to the charity, so you can’t just call up one of the charities and ask them to take your Bluegreen points. Bluegreen benefits because they are not as bothered by calls from people wanting to get rid of their points, as they can refer the member to the charities if there is no loan outstanding.

It is ironic Christel House works with those in poverty, considering Inside Timeshare has heard from 894 timeshare members and more than a few driven into poverty because of unfair and deceptive sales practices that are accompanied by rising maintenance fees and no secondary market.

So why is being allowed to donate timeshare points to a charity, not a good idea? When sold by deceit, the charity becomes a link in the progression described by one former sales agent as a hamster wheel: deceive, force insolvency, take-back, resell – with the charity brokering the points back to the timeshare company.

We hope this isn’t the timeshare lobby ARDA’s idea of a Responsible Exit.

ARDA’s Coalition for Responsible Exit

https://responsibleexit.com/

Diane’s Response to “Who’s the Fish?”

I read Inside Timeshare’s article about the lawsuit filed on behalf of nearly 36 Bluegreen plaintiffs against Bass Pro Shops and Bluegreen with great interest after I received Bluegreen’s response to my complaint. My reports of deception are similar to identical to those listed in the lawsuit complaint.

My concerns were not even addressed. Instead, I received an email suggesting I donate our points to a charity. Given an attorney I contacted was going to charge me $5,000 to get us out of this financial trap, I questioned why a nonprofit would want to accept timeshares.  

Bluegreen responded to my complaint saying that they have no provision to take back a timeshare (even when deceived?), but I could contact one of four selected charities to donate our 5,000 points. The four select charities are listed below. While I applaud any assistance is to a charity, I don’t feel this is appropriate. 

Our family purchased our points in 2011 after we had endured the Joplin, Missouri EF5 tornado that killed approximately 160 people. My father broke his back and ribs, his home was destroyed, and we endured over $40,000 in damages to our home. Shortly after the tornado, we took a trip to Branson to get away for a breather. At Bass Pro Shops we were approached by a Bluegreen representative. The resulting consequences I would describe as a financial tornado.

In the lawsuit Bass Pro Shops filed against Bluegreen, they were concerned about commissions they had not been paid. Bass Pro Shops will be rewarded $40 million, but there is little concern as to the deception described by Plaintiffs in the lawsuit filed on behalf of Bluegreen members. In the lawsuit complaint, Bass Pro Shops mentioned aggressive sales practices that were offensive to their customers, but I’m sure the reason for the lawsuit was to sue for commissions. It’s all about the money with timeshares – our money.

We experienced the following:

  1. The meeting promised to last no more than an hour, lasted for hours,
  2. They explained how we would save money on vacations by buying points. In actuality, most of the places we attempted to book were either not available when we were able to use them, or we couldn’t book them at the time we wanted to book (not in the booking window). We have never been able to vacation anywhere using Bluegreen points but Branson, except for one Florida trip.
  3. We were told we were not buying a timeshare! They provided us with a “deed” explaining that we were purchasing real estate.
  4.  We were told we could sell Bluegreen points at any time and that points would appreciate in value like our home. There is no resale value as evidenced by their suggestion we donate points to a charity.
  5. A credit card was opened to make the purchase and we were advised to transfer the purchase price to a home equity loan.
  6. They explained the benefit of being able to transfer the points to our heirs. We now know what is passed down is a financial liability.

The few trips we did take were a disappointment due to high-pressure sales tactics that made us feel like we could not leave unless we purchased additional points. We have no desire to stay at another Branson property due to our last stay when we experienced soft spots on the bathroom floors, roaches, and the same furniture as 2011. The pool looked nasty, cloudy and full of algae. 

Bluegreen responded to our concerns as follows:

We are sorry to hear that you wish to cancel your ownership. Unfortunately, there are no provisions for you to cancel your contract at this time.

However, we would like to offer you the opportunity to participate in a pilot program we have developed to assist owners like you who have no outstanding loan but would like to separate from the Bluegreen Vacation Club. The program is outlined below:

1.     Donate your timeshare interest benefiting a charitable organization. Please see the attached document regarding worthy organizations.

2.     You will be provided with a donation letter from the charity based on the current third party comparable selling price. With respect to your ownership, this is estimated to be $745. Please note that this letter does not represent proper documentation to support a deduction on your tax return nor is it a substitution for any third-party valuation that may be required by the IRS. We recommend that you consult with a tax advisor regarding requirements for claiming non-cash charitable donations.

3.     You will have the option to utilize one-year’s allotment of (5,000) Vacation Points for up to two years (at no cost to you).

4.     You will be released from any future obligations to the Bluegreen Vacation Club.

Charitable Giving Program – Donation Options 

Junior Achievement of South Florida (JA)

SOS Children’s Villages – Florida is a foster care neighbourhood in Coconut Creek.

Christel House Some things should be handed down from one generation to the next. A life of poverty isn’t one of them.

JDRF is the leading global research organization accelerating medical breakthroughs to cure, prevent and treat Type 1 Diabetes (T1D).

I imagine waves of baby boomers, with children and grandchildren, have experienced the same. We will teach the next generations to avoid timeshares and travel clubs. The existence of unfair and deceptive timeshare sales practices is apparent. See the lawsuits and Attorneys General investigations below.  

Thank you to Diane for informing us of this remarkable timeshare development. Our readers are not just a disgruntled few:

The NY Attorney General investigation into the Manhattan Club resulted in a $6.5 million settlement. https://www.amny.com/real-estate/the-manhattan-club-settlement-includes-6-5-million-in-restitution-ag-says-1.14048559

Colorado Attorney General sued Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices. https://businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/

Missourians sometimes are targeted by real estate developers and resort communities to buy vacation timeshares. https://ago.mo.gov/civil-division/consumer/consumer-topics/vacation-timeshares

Arizona Attorney General received hundreds of complaints against Diamond Resorts, fined the company $800,000 and issued an Assurance of Discontinuance. https://azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Tennessee Attorney General announced a $3 million settlement with Festiva, a network of vacation and timeshare companies, for alleged violations of the federal Telemarketing Act, federal Telemarketing Sales Rule, and the Tennessee Consumer Protection Act. https://www.tn.gov/attorneygeneral/news/2016/2/24/pr16-04.html

Connecticut Attorney General George Jepsen says his office received 58 timeshare complaints in 2018, including concerns about pressure sales tactics, exorbitant fees, and difficulty reselling. https://www.nbcconnecticut.com/news/local/Timeshare-Troubles–What-To-Do-Before-You-Buy-and-Sell-504017151.html

A Florida Whistleblower lawsuit filed on behalf of ten former Wyndham employees, including eight former sales agents. Plaintiffs allege that they objected to and refused to participate in illegal timeshare sales practices.  https://insidetimeshare.com/fridays-letter-from-america-42/

Former Wyndham sales agent Trish Williams, a jury awarded an initial $20 million. https://dolanlawfirm.com/2016/11/wyndham-timeshare-whistleblower-lawsuit/

Candace Czarny v Hyatt and Kent and Allison Drysdale – Former Hyatt timeshare sales allege that they were instructed to make certain false statements and omit certain facts when communicating to Hyatt owners and potential clientele in order to make more sales. https://insidetimeshare.com/fridays-letter-from-america-57/

Petition to Reform Timeshare:

https://www.change.org/p/state-legislators-in-arizona-florida-and-nevada-demand-reform-of-the-timeshare-industry-s-unfair-and-deceptive-practices

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://tug2.com/Home.aspx

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

Free at Last Facebook

https://www.facebook.com/groups/623703881470577/?ref=share

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook 

https://www.facebook.com/groups/2213231165610648/

Thank you Diane and Irene, this certainly looks like one of those schemes which only benefits the timeshare company, if you have any views, comments or questions on this article please use our contact page and get in touch.

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

Anfi: More Serious Problems Emerge

Over the past few years, Anfi has been in the news for many reasons, the main ones are the number of cases they have been losing in the courts and the Tauro Beach Project. The project at Tauro beach has also recently been in the news with the former head of the Coastal Authority being sentenced to 3 years in jail. He was found guilty of falsifying documents giving permission for Anfi to carry out the work in establishing a man-made beach months before the permissions were signed. The Canarian Government is in the process of revoking the permissions and licenses allowing Anfi to develop Tauro Beach, this will be a devastating blow to their finances. As for the court cases, there seems to be no sign that these will be ending anytime soon.

Tauro Beach Project, man-made beach, new hotels and commercial centre planned.

All this must be having some effect on the Anfi cash flow, we know they are employing delaying tactics in paying clients what the courts have ordered. It is believed that in many cases it is transferring funds from one account to another, rather like Silverpoint. We also know the Canarian Government is in the process of revoking the permissions and licenses allowing Anfi to develop Tauro Beach, this will also be a devastating blow to their finances. 

Is this an attempt to hide the money and not pay what they are legally obliged to pay claiming cash flow problems?

Or are they actually running out of money?

Where does this leave IFA as 50% shareholders, as they have no control over the board or the company?

Are IFA aware of what Anfi are doing?

The courts are taking a very dim view of Anfi tactics, they have already seen through them, a very good case in point is the one regarding a Norwegian client of Canarian Legal Alliance, Mr Hoyer. Due to the delays and arguments by Anfi on his case, he was awarded 100,000€ above the 31,000€ he originally paid giving him 131,000€. This was the court’s way of punishing Anfi for basically wasting the courts time.


Mr Hoyer one happy Norwegian client

Highlight and right click on link below for the full report

This was a very expensive case for Anfi, yet, they are still attempting to do the same thing with every case that goes before the courts. Obviously, the courts are not too pleased with this and investigations have been ordered by the Fiscal (State Prosecutor) into Anfi funds and bank accounts.

This is not the first time we have reported on “missing funds” we know that between 2012 and 2013 8 Million Euros had been diverted which was noticed by the Lyng family, then only last year in November we reported on a lawsuit between the Cazorla Brothers for unfair administration of funds, to the value of 718,000€ the  result of the case has still yet to be issued. (see links below).

https://insidetimeshare.com/the-great-anfi-battle-of-the-partners-round-2/

https://insidetimeshare.com/la-provincia-anfi-director-declares-lawsuit-between-cazorla-brothers/

The delaying tactics Anfi are employing are constant appeals to the High Court and lodging appeals with the Supreme Court, this is due only to a lack of liquidity or cash flow even taking into account the fines and interest they will accrue. It is also very frustrating to the clients with cases already won in the Courts of First Instance, it is also being used as a ploy by Anfi to put people off taking legal action.

Another method which Anfi are employing to ward off future lawsuits from disgruntled members is the attempt to change contracts, they have so far tried twice to convince members to change, but this has resulted in a very poor response. What we do know is that with all the legal problems members are very concerned with the future of Anfi.

https://www.finanzen.net/aktien/ifa_hoteltouristik-aktie

We now look at IFA as 50% shareholders, they do not have the “golden share” so they have no control over the board or the company,  we know that IFA has set aside millions for a full takeover of Anfi, but are they actually aware of what is going on. It is more than likely that Anfi has not even disclosed this matter with IFA. IFA is a public company and is therefore responsible to have this disclosed to its shareholders, the question is if they are aware, have their shareholders been notified?

Inside Timeshare has spoken to an IFA shareholder and in the last quarterly report, there was no mention of the possible millions in losses. So it would seem that IFA shareholders are also being kept in the dark.

IFA Faro, Maspalomas

Are the IFA shareholders aware that there are around 50 million euros in claims pending against Anfi?

How is this going to affect IFA if they do eventually take full control, will they continue in the same way or will they settle the claims in the quickest way possible?

All we know at the moment is Anfi are moving funds around the different bank accounts, to us it looks like what is happening with Silverpoint, using the transfer of funds to other parts of the company to hide the money and eventually seek liquidation due to “cash flow” problems.

Unfortunately, there are more questions than answers, answers that Inside Timeshare will be looking for and publishing on these pages.

If you have purchased any Anfi product and want to know if your contract contravenes Spanish timeshare law giving you a valid case and you would like to secure your “investment”, then use our contact page. Inside Timeshare will help you find out your legal position and point you in the right direction.

The Tuesday Slot

Welcome to another edition of The Tuesday Slot, This week Irene Parker looks at the Bass Pro Shops and Bluegreen who are both locked in a legal dispute not only with each other but also their own clients. It would look like there is no end to the deceptions, misleading and bad practices that the timeshare industry thrives by. This brings us to ask yet again, when will the industry change its ways and sell a fair and useful product without the bad practices that we see on these pages day after day week after week? Somehow I don’t think we will get an answer any time soon.

Bass Pro Shops v Bluegreen $40 million Settlement

A Separate Lawsuit of Nearly Three Dozen Bluegreen Member Plaintiffs

As reported by The Palm Beach Post June 14, 2019

Boca Raton-based Bluegreen Vacations will pay Bass Pro more than $40 million to continue operating sales kiosks in its stores.

In a separate lawsuit filed this year, nearly three dozen timeshare buyers from around the country sued Bluegreen and Bass Pro Shops. The consumers said they were lured into high-pressure sales pitches, then sold expensive shares in units that they claimed were overpriced or in poor repair.

https://www.palmbeachpost.com/news/20190614/bluegreen-vacations-bass-pro-shops-settle-dispute-over-timeshare-sales-tactics?fbclid=IwAR2T5UbBR9fHwDbyhHIJk0HqhhHqgHYec8Npi2QpcrgE0ufBSEWIkIarxWk

Who’s the Fish?

By Irene Parker

July 9, 2019

Civil Action No. 3:19-cv-54

Excerpts from the Civil Action complaint (my comments highlighted in blue)

In the U. S. District Court for the Eastern District of Tennessee at Knoxville, a third amended complaint was filed April 8, 2019 against defendant Bluegreen Vacation Unlimited, Inc. in Gatlinburg, Tennessee and BPS Direct, LLC dba Bass Pro Shops (BPS), seeking contract rescission and damages on behalf of 16 co-plaintiffs (as of the April 8 filing) for alleged illegal, deceptive and misleading business and sales practices, statutory violations and fraudulent conduct.   

Such practices as described pertain to the Bluegreen Vacations Mountain Loft, Ascend Resort Collection Resort at Gatlinburg. Relevant to this lawsuit, Bass Pro Shop, partially in conjunction with Bluegreen, operated its retail business at its Tennessee-based facilities in Kodak and Nashville, along with 67 other locations across the United States.

According to the lawsuit, Defendant Bass Pro Shops were involved in the offering of a promotion for attending a timeshare presentation, which was solicited through representations made from within Bass Pro Shops, through BPS agents, or at least individuals who appeared to consumers to be acting as agents of BPS, and thus, such actions are attributable to Defendant BPS. The lawsuit Bass Pro Shops filed against Bluegreen seemed to focus on commissions not being paid on any “sampler package” and the “clawing back” of commissions not paid when a member defaulted or cancelled years after the sale.

The lawsuit alleges Plaintiffs were induced to purchase a timeshare interest from Bluegreen by fraud, without knowing the true nature of the presentation, because material information was either intentionally or negligently concealed. Defendants did not disclose material facts concerning the use of points and availability caused by overselling interests, and the right to the Public Offering Statement disclosures, which included rescission rights.

First Basis: Concealment of Rescission Rights and Public Offering Statement

The lawsuit alleges POS disclosures were avoided and/or intentionally hid, including material information about the rescission period. Despite Bluegreen’s legal duty to provide a copy of its POS, not one Plaintiff recalls receiving a copy of such a document. The lawsuit further alleges Bluegreen representatives had a strong incentive to conceal Plaintiffs’ rescission rights and limit access to the information contained in the Public Offering Statement. Plaintiffs were not aware they had a right of rescission or that they were entitled to review the POS before entering the contract.

Violations of the Tennessee Timeshare Act of 1981 include:

  • Public Offering Statement disclosure – The POS must be provided to purchasers “before the transfer of the timeshare and no later than the date of any sales contract,” and that the contract is voidable until the purchaser has received the POS.

Since late 2016, Inside Timeshare has heard from 890 timeshare members reporting unfair and deceptive timeshare sales practices, including 113 veterans and active duty service members. Only in the last six months have I started asking the members about the Public Offering Statement to which the members reply, “A what?” Digging through past paperwork, they find it to exclaim, “It says,” READ THIS DISCLOSURE STATEMENT BEFORE SIGNING ANYTHING!”  The timeshare customer service representative, also a fine print detective, responds to the member with their initials agreeing that they read and reviewed the document. If the closing is recorded, the presentation of the POS should be recorded.

According to the lawsuit, after often five to eight hours of mentally and physically wearing the consumer down, there is a rapid signing of many documents that lasts only about ten to fifteen minutes. The Closer or Quality Assurance Specialist controls the entire process. Consumers are not permitted to read the contract, leave the room, discuss the contract alone, are not permitted to review the contract with an attorney.

Consumers are not permitted to take the contract and come back the next day. 

The lawsuit alleges this constitutes unlawful practice of law, overlaid with fraud and deceit with no meaningful disclosure of contract terms.  

If you think this is unfair, sign the Petition to Reform Timeshare, which seeks a 24-hour “cooling-off” period before signing a contract. This proposed 24 hour cooling off period was hotly contested by timeshare industry lobbyists during the 2019 legislative sessions.

https://www.change.org/p/state-legislators-in-arizona-florida-and-nevada-demand-reform-of-the-timeshare-industry-s-unfair-and-deceptive-practices

Of note is mention of Unauthorized Practice of Law (UPL) in that consumers are told about how they can plan their Estate with the new “asset” to leave a “legacy” to their child or children using a Will while fraudulently concealing a known “successor” clause that forces obligations upon future generations who are all jointly and severally liable for ever-rising debt.

Inside Timeshare has received numerous complaints from consumers falsely told they must convert a deeded timeshare to a point-based timeshare or their heirs will be liable. It is also my belief this constitutes the unauthorized practice of law.

I asked timeshare attorney Mike Finn about this, as I understand it, rarely is an heir forced to assume a timeshare liability. According to Mike, “Although I haven’t studied the so-called “successor clause” I am of the firm belief that unless the children were listed on the original sales contract as co-owners and signed the contract as same (assuming of course that they were of the age of majority on the date the contract was executed), that they cannot be bound by any third-party, to the contract, including their parents. Again, in my opinion, I believe this would be a violation of the “due process rights” of the children.”

How Can I Eliminate my Timeshare Liability for my Heirs?

https://www.finnlawgroup.com/eliminate-timeshare-liability-for-heirs/

Bluegreen is the sole owner of a subsidiary corporation housed within its corporate headquarters in Boca Raton, Florida called “Pinnacle” and the lawsuit alleges Pinnacle is devoted to exclusively keeping Bluegreen owners trapped in the resale market void.

Second Basis: Intentional Misrepresentation: Buy-Back Program

Bluegreen has never operated a program that buys back unwanted VOIs. Pinnacle sells services to VOI owners which purports to help owners sell unwanted VOIs when in actuality there is no viable resale market.

“Owners Meetings” or “Owner Classes” air to sell existing owners additional timeshare interests. Owners are told such meetings are mandatory to teach Bluegreen members how to navigate Bluegreen’s reservation system. In reality, such meetings are an attempt to sell existing Bluegreen members more points. Reported disappointments with the product can be resolved by buying additional points, but the lawsuit alleges promised benefits are rarely if ever, realized.   

Plaintiffs’ Common Factual Allegations

Promised 90-minute presentations lasted typically four to eight hours. Some presentations are timed with the presentation beginning only after completion of a known driving tour that lasts at least three hours, and for two Plaintiffs, the drive lasted eight or nine hours.

After long sales sessions, only 10 to 15 minutes was spent, on average, for the entire contract signing process, which harboured unknown obligations and lacked the use rights, amenities and features that were promised.

Plaintiffs allege they were told:

(a) Bluegreen timeshares are good investments and will always go up in value.

(b) Bluegreen timeshare is a long-term asset that can be resold at a profit.

(c) Maintenance fees do not exist, do not go up, or only go up very little.

(d) Bluegreen timeshares are a valuable asset and “a legacy” to pass on to children.

(d-f) Plaintiffs did not know that, despite any possible future contract to make a Will or Codicil, contracts executed that day would bind all children as “successors’ that are jointly and severally liable for the inter-generational debt.

(g) Plaintiffs have anytime, anywhere “easy booking.”

(h) Rental income can pay the mortgage, fees and sometimes earn a profit. Rental is impossible as represented.

(i) Promises that an “Upgrade” will resolve deficiencies, but were never fixed.

All Plaintiffs have a strong correlation regarding these four rescission-based commonalities:

(a) Plaintiffs did not receive Public Offering Statement prior to signing.

(b) Plaintiffs did not receive proper Statutory Rescission notice.

(c) Plaintiffs were deceived about a Will Asset (vs Successor Liability).

(d) Plaintiffs spend up to $21,000 for a one-week vacation, representing over 1000% of the timeshare’s online market value, accompanied by rising fees.

Third Basis: Intentional Misrepresentation: Points Value Representation

No Plaintiff had access to Bluegreen’s inventory system until after they were contractually-bound as Bluegreen owners for life. Upon access, they discovered availability constraints, insufficient point values, or other cost prohibitions they were not made aware of.

This is another source of a multitude of complaints. Members complain of having been sold too few points to book their desired locations, but they were not allowed access to the booking site until the next year.

In spite of this lawsuit and so many others, the timeshare developers and their lobbyists insist all is well and we are just a disgruntled few. In addition to member complaints, former timeshare sales agents have joined efforts to expose unfair and deceptive sales practices. Our Friday, July 5 article describes former Hyatt Sales Executive Candace Czarny v Hyatt wrongful termination/whistleblower lawsuit and our February 2019 article about a Wyndham Florida Whistleblower lawsuit:

https://insidetimeshare.com/fridays-letter-from-america-57/

http://insidetimeshare.com/fridays-letter-from-america-42/

It is in everyone’s interest to drain the swamp of perpetrators.  

Join one of the self-help groups, organize, and get involved:

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://tug2.com/Home.aspx

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

Free at Last Facebook

https://www.facebook.com/groups/314773876071616/members/

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook

https://www.facebook.com/groups/2213231165610648/

Thank you Irene for this weeks article, If you have any questions or comments on this or any article published, then use our contact page and get in touch, we would love to hear from you.

Start the Week

Welcome to the start of another week at Inside Timeshare, over the past few weeks we have been publishing many articles on Silverpoint, especially the move by the parent company Limora Investments Ltd (BVI) filing for liquidation. We have also published the news that The Paramount – Club Paradiso has closed their doors with many members unable to book, the website is down and no one seems to be answering the phones. We also reported on Keys Concierge having also gone into liquidation with all the staff losing their jobs, as we know the administrator dealing with the liquidation is Alex Lawson of Alvarez and Marsal working on behalf of the Trotta family.

So as you can imagine, Inside Timeshare has been inundated with emails enquiring about the legality of all the products sold by Silverpoint. The most prolific of these products and having by far the highest costs are the “Company Participation Scheme”, with purchases from 40,000€ all the way to 150,000€ plus. Just on the enquiries Inside Timeshare has received we are looking at purchases of well over one million euros, this certainly is a very big money making scheme, the question is where has it all Gone?

Courts of First Instance Maspalomas

Now for some news from the courts around Spain.

Last Friday the leading law firm in timeshare litigation Canarian Legal Alliance, announced their results for the week, with 26 victories in various courts around Spain.

At the Court of First Instance in Maspalomas Gran Canaria, there were 11 cases found against Anfi, with 2 cases at the High Court of Las Palmas being found in favour of the clients after Anfi appealed.

At the same Court of First Instance, a sentence was issued against Palm Oasis.

In the Court of First Instance of Arona, Tenerife, Silverpoint was on the receiving end of the judges, with 11 rulings against them in favour of the CLA clients.

The last was against Club la Costa in Fuengirola, where the judge again found in favour of the client.

As usual, all contracts were declared null and void with the courts ordering a total of 1,226,260.15€ A very expensive week for the timeshare industry indeed. But at the end of the day, had they sold their products in accordance with the law, then they would not be finding themselves in this position.

If you have purchased any timeshare product in Spain and would like to know if you have a valid and viable claim or would just like to know your legal position and your options, then use our contact page. We will get back to you and point you in the right direction.

Friday’s Letter from America

Welcome to this week’s edition of Letter from America, today Irene Parker reports on the start of the jury trial between Candace Czarny v Hyatt Residential Marketing Corporation. Irene first published news of the pending legal action back in 2017, so this has been a long wait. We hope to bring you news of the result in a later edition.

Former Hyatt Timeshare Sales Executive Candace Czarny v Hyatt Residential Marketing Corporation and Kent and Allison R. Drysdale

CASE NO.  CV2013-006230

By Irene Parker

July 5, 2019

The jury trial of former Hyatt Sales Executive Candace Czarny v Hyatt Residential Marketing Corporation, a Florida corporation, and Kent and Allison R. Drysdale began this week. The trial is expected to last seven days. The Joshua Carden Law Firm, P.C. filed on July 6, 2019, a second amended complaint on behalf of plaintiff Candace Czarny, in Maricopa County, Arizona Superior Court.

The lawsuit is a wrongful termination lawsuit. It is unlawful for an employer to retaliate against any employee because the employee refuses to participate in and/or properly disclosed illegal activities, according to Arizona statutes, including “fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby….” 

The lawsuit alleges Hyatt defendants fired Candace after she refused to commit such acts or omissions that would violate Arizona statutes. Plaintiff seeks compensatory and punitive damages.

Candace was employed by Hyatt on or about January 1, 2011, as a Sales Executive at Hyatt’s Piñion Pointe timeshare resort in Sedona, Arizona. Defendant Kent Drysdale was her supervisor. Candace alleges she was instructed by Drysdale to make certain false statements and omissions when communicating to Hyatt timeshare owners and potential clients in order to make sales. 

Inside Timeshare has heard from 887 families. The majority have reported unfair and deceptive timeshare sales practices. Some just can’t afford the timeshare and didn’t know when they purchased there was no secondary market. If they have a loan outstanding, the only option may be foreclosure, especially if there is no evidence of deception. Most complaints are dismissed with, “You signed a contract.” General allegations from this lawsuit, that are similar or identical to our readers’ complaints, include: 

·        9. (a) Owners were told that if they did not add to their portfolio on the day of their tour they would give up rights to upgrade in the future and would forfeit special pricing.

·        9. (i) Owners were told that Hyatt would leave two agents on the property that would resell their ownership for them in the future and implied that they would be getting a minimum of original purchase price.

·        12. Some potential buyers that had paid cash or lived in a more expensive zip code (referred to as PG or Preferred Guests) were given prices that were inflated more than other potential buyers, that had either never made a payment, had financed a payment or lived in a less desirable zip code. Plaintiff and other Sales Executives were instructed, at various times, to mislead PG clients into believing they were getting special consideration when in fact they were not.

·        20. Plaintiff and other Sales Executives were instructed to bring a manager to the table when attempting to close deals, so that the manager could make certain false statements and omit certain facts when communicating to potential clients. False statements made by Drysdale and other Hyatt managers include:

a. Telling owners that they had given up their rights to upgrade, looked in their files, and if not finding the disclosure, would say that he might be able to get corporate to allow them to upgrade if they would write a letter supporting their request. He would then tell them that if they did not purchase that day they would forfeit their right in the future.

b. Telling owners that Hyatt had sent a letter to them telling them to upgrade or sign off on the ability to do so in the future. He told owners that this letter stated that Hyatt would deny an upgrade in the future.

c. Telling owners that unless they owned a “platinum” or “diamond” week they would not be able to access new Hyatt timeshare properties.

I have heard many accounts from former sales agents, of a manager’s ability to “starve out” an agent who was not a team player, meaning the sales agent refused to employ unfair and deceptive practices.  It is known, prior to a tour, who is likely to buy and who is likely not to buy. The lawsuit alleges such actions were taken against Candace. In addition, Candace alleges manager Drysdale would only allow agents of his choosing special incentives to offer potential clients and he would refuse to release certain more desirable inventory to sales agents who did not play by his rules.  

Candace was terminated despite high overall job ratings, but others who had performance numbers similar to Candace were not terminated. Upon information and belief, such Sales Executives had either not announced opposition to Drysdale’s sales methods and tactics, or had expressly agreed to cooperate with them.  

It’s a modern day David & Goliath story. Timeshare companies employ armies of attorneys in their effort to suppress the seedy side of timeshare. While many owners use and enjoy their timeshare year after year, others, as our readers have reported, fall into deceptive and fraudulent sales presentations, ending up with a vacation dream that turns into a financial trap.

Some lawmakers have sided with the timeshare consumer in an effort to expose selling strategies that incorporate psychological manipulation, omissions, deceptions, and fraud. Others blame the victim, maintaining the “You signed a contract” mantra.

Candace Czarny is a former Hyatt and Diamond Resorts sales agent. While at Hyatt, Candace said was advised by management to order a copy of the CIA Guide to Interrogation and Human Manipulation. According to numerous Attorneys General investigations and lawsuits, some timeshare companies employ strategies designed to intimidate and confuse hardworking consumers worldwide in order to generate profits and earn wildly inflated commissions and compensation. Honest sales agents, previously able to earn a good living, find themselves subtly maneuvered out of this new, more sinister timeshare business.  

According to Candace, “It was only after working in the industry as a sales agent that I came to see and understand the complicated strategy of greed from the inside. Like Trish Williams, awarded $20 million in a Wyndham Whistleblower case, I am one of the individuals not willing to be a pawn perpetuating a scam against hard working people trying to create a happy life for their families.”

The lawsuit began six years ago with three plaintiffs, former Hyatt sales agents. One plaintiff settled, but the other’s case did not move forward.

Some timeshare companies hide behind carefully and strategically worded contracts intended to shield them from responsibility and litigation. Arbitration is private and binding. If you lose, you may be ordered to pay arbitration fees. Timeshare attorneys I have asked about arbitration feel arbitration is a kangaroo court.

This leaves the timeshare member, sold by unfair and deceptive timeshare sales practices, feeling hopeless and angry, with no recourse. Timeshare companies rely on the burdened member not being able to withstand a costly and lengthy legal battle. If the member resolves a dispute, they are often required to sign a non-disclosure agreement, agreeing not to say anything disparaging about the company, another effort to silence and isolate victims. I was offered my money back in 2016 for the purchase of additional points in response to my complaint. I refused to sign the NDA.

Social Media is here to stay. Members sharing reports of deceit with other members have created a clearinghouse of information and a means to track complaints against timeshare sales with repeated complaints against them.

While New York, Missouri, Colorado, Tennessee and Arizona Attorneys General have made some progress protecting consumers, more needs to be done. There has been a notable lack of concern from some state and federal regulatory agencies.

Lawmakers responding with “Well, they signed a contract” have no concept of the depth of deception some timeshare agents employ to sell points. Many things, like promised availability, cannot be determined by reading the contract, and state contract rescission periods can be artfully dodged.  

Based on the timeshare lobby ARDA’s estimates, there are over 9,500,000 timeshare units in the United States.  To give you an idea of how profound this corporate culture of greed is and how the courage and bravery of single individuals are making a difference in the name of what is right, listed below are just some of the settlements, judgements and lawsuits against these timeshare giants.

Members can do their part by joining forces with others seeking to reform timeshare. Sign this petition to let your voice be heard, and join one of these self-help groups. If none are appropriate, start one!

https://www.change.org/p/state-legislators-in-arizona-florida-and-nevada-demand-reform-of-the-timeshare-industry-s-unfair-and-deceptive-practices

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

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://tug2.com/Home.aspx

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

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

Sapphire Starpoint New: 

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

https://www.facebook.com/groups/2213231165610648/?source_id=1677690672490888

Have a safe 4th of July weekend.

That is it for this week, Inside Timeshare would like to thank Irene for all her hard work in preparing these articles, all the volunteers of the Advocacy Group and of course all our Secret Shoppers, who we hope will be bringing us another of their wonderful reports very soon.

It just leaves Inside Timeshare to wish all our American readers a very Happy 4th July Weekend, join us again next week for more revelations on the murky world of timeshare.