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Wyndham´s “Ovation” Surrender Program: Latest News

On 2 November 2016, Inside Timeshare published the article News From America: “Wyndham Launches New Surrender Program”, by Irene Parker. (See the original article via the link at the end). It focused on the new initiative by Wyndham Hotels and Resorts, which is one of the largest timeshare concerns in the USA.

The new initiative is called “Ovation”, it is designed to give timeshare owners a secure and legal way out of their timeshares, without fees, hidden costs or the need to make additional purchases in order to participate. Irene even managed to get a response from their media contact Lori Ford, in her statement she said “Our goal is to help owners transition to the next phase of their life and reach as many owners as possible, before they are contacted by fraudulent companies,” it certainly looked promising for owners.

wyndham logo

Inside Timeshare was contacted by a reader Steve Lloyd, he had several enquiries about various timeshares he owns and how to get out of them. He explained what he owned and asked what were his options to either claim back, sell or just relinquish. Well we all know that the resale market is virtually non-existent, so that left the claims or relinquishment option the only course.

It turned out there was no possibility of claiming, so we looked at the only course for him to take, relinquishment. It was explained to Steve that two possibilities existed, hire a reputable law firm to do it for him or contact his resorts. Inside Timeshare advised to contact the resorts first and see what they had to say.

Then came the news about the Wyndham programme, we contacted Steve with this news and he duly got in touch with Wyndham. That was on the same day as we published.

Yesterday 16 January 2017, Steve sent an email with some great news, he received an answer from Wyndham. His timeshare has now been surrendered through the Ovation Program. This is his email:

“The attached was received this morning and signals the successful completion of our exit from WorldMark via their Ovation programme.  A very successful and satisfactory process, I feel.  All through the process, WM/Wyndham staff have been friendly, courteous and helpful, and the final letter shows a nice human touch that doesn’t cost them anything.  Please use the contents of the letter for the good of all as you see fit”.

Worldmark Exit Contract closure letter Jan 2017redacted

As you can see, he is very pleased with the result, praising the way he was treated and how courteous they were, this is truly a good sign for the timeshare industry. He is still waiting for a response from Diamond Resorts (Europe).

Irene Parker received this brief statement from Lori Ford, the Wyndham media contact:

Thanks so much for the opportunity to provide a response. Please feel free to incorporate the following statement.

“According to Wyndham Vacation Ownership (WVO), “We are pleased to hear of Mr. Lloyd’s positive experience with the Ovation program. We remain committed to tailoring simple, safe and secure exit strategies for owners who have fulfilled their vacation goals.” With the introduction of Ovation by Wyndham in early 2015, WVO has received over 55,000 inquiries and helped more than 20,000 owners exit their ownership with peace of mind, and without any additional costs”.

“With its portfolio of customized exit options, Ovation by Wyndham acts as the first layer of defense against unscrupulous third-party exit and resale companies who may aim to mislead owners. The program is continually evolving to suit our owners’ needs, and we encourage owners to call Wyndham first if they are interested in exploring potential exit options”.

Best,

Lori

Irene also provided the following from a past press release:

Wyndham Vacation Ownership Wins ACE Innovator Award for Ovation by Wyndham

According to Wyndham’s Press Release

Program First of its Kind in the Industry to Provide Exit Path for Timeshare Owners

ORLANDO, Fla. (May 9, 2016)Wyndham Vacation Ownership (WVO), the world’s largest vacation ownership company and a member of the Wyndham Worldwide family of companies (NYSE: WYN), won the ACE Innovator Award, along with 12 other prestigious industry awards, at the annual American Resort Development Association (ARDA) Awards Gala at the Diplomat Resort & Spa in Hollywood, Florida on Wednesday, May 4, 2016.

The ACE Innovator Award recognizes the company’s development of a groundbreaking product, service or concept. In 2015, WVO became the first developer in timeshare history to launch a comprehensive, proactive, and uniquely positive approach to help longtime owners seeking to exit their timeshare. Ovation by Wyndham offers simple, safe and secure options for owners in situations where lifestyle or vacation preferences have changed. There are no fees, hidden costs or additional purchases required to participate in the program.

Irene´s comment:

“While we applaud Wyndham for leading the industry in an owner friendly timeshare exit program, we hope efforts emerge to boost the price of a timeshare’s secondary market value. In the US, an owner is fortunate if they are able to recoup 10% to 15% their initial investment. The problem can be devastating if an owner buys a timeshare and suffers a life crisis shortly after purchase. A few timeshare companies have virtually no secondary market”.

As you can see there is still a long way to go, one of the main points that keeps coming up in these articles from America is the lack of a secondary market. The same can be said in Europe, throughout all sales presentations consumers are told that they can always sell their timeshare if no longer required.  Or they are told the developer / resort will buy it back, as we know that is not the case.

Inside Timeshare leaves it to you the reader to make up your own minds, your comments on this subject are welcome.

If you require any information regarding this or any other article, or just need advice on any company you may be thinking of dealing with, contact Inside Timeshare. We will do our best to help you.

Link to original Wyndham article:
http://insidetimeshare.com/news-america-wyndham-launches-new-surrender-program/

 

More News on Litigious Abogados

Once again Inside Timeshare has received another email from a concerned reader about Litigious Abogados, he also received an email that he had a case against Diamond and can be included in the forthcoming case.

To get this underway an initial payment of around 1000€ needed to be made, this was payable to the “Court ProcuratorDavido Harstun Jaime. The client did pay this and eventually he received the great news that Diamond Resorts pleaded guilty on 13 December 2016. The strange thing is, if Diamond were going to plead guilty, surely they would have made an out of court settlement, rather than go to trial?

He was informed the court had awarded him around 20,000€, but before this could be released he would need to pay “TAX”, again to the “Court Procurator”. There is also a new twist to this tale, he was informed that this “TAX” would be refunded to him by the UK’s  HMRC (Her Majesty’s Revenue and Customs). This would be in June 2017 after the lawyers had made representations in his behalf.

Now, why would HMRC refund any “TAX” paid to a court in Spain or to the Spanish Government?

The plot is certainly getting thicker in order to lend credibility to this operation. Inside Timeshare wonders what the next twist will be.

LIT

This is a full list of the company names and websites with all names that appear on documents and emails:

Websites:

www.litigiousabogados.com/

http://emiliocatillianos.com/

www.litigarabogados.com/

http://manuelamasconde.com/

http://abogaciaespanola.com/

http://fernandoholaci.com/

http://www.davidoharstunjaime.com/

Lawyers:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

Ramon Quilnar Canal for Litigious Abogados;

Ramon Quenan Cansal for Litigar Abogados;

Ramon Quilon Climol for Abogacia Española.

Procurator:

Davido Harstun Jaime.

Addresses:

Litigar Abogados and Litigious Abogados

Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife,

Abogacia Española

Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España.

Staff named on Emails:

Luisa Ernas Fernandez Departamento Legal;

Layla Lavame Fernandez Departamento Legal;

Layla Lavame Carita Departamento Legal;

Maria Sanchez Gotera Departamento Legal;

Madelena Huele Aflores Departamento Legal;

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados. European Union Data Protection Directive 95/46/E

court_doc-page-001
Court Document
Compensation_Cheque-page-001
Compensation Cheque issued by the Procurator

 

Luckily for this reader he found the previous articles on Inside Timeshare and this has saved him several thousand euros. Once again this proves you need to do your due diligence before engaging any company, doing your homework will save you money and heartache.

If you have been contacted by any of the companies in this and previous articles, Inside Timeshare would like to hear from you. It is through your information that others can be warned.

 

Litigious Abogados: The Plot Thickens

 

litigious-abogadoslitigar-abogados-4

Back in September 2016 Inside Timeshare published the article Litigious Abogados Who Are They? This followed a warning published by Mindtimeshare on 23 September about a so-called law firm Litigious Abogados. They also highlighted another firm in July 2016 called Litigar Abogados, it turned out that both websites apart from lawyers names were exactly the same, even sharing the same address: Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, this address was not quite correct and should have read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife, which when checked on Google Street View it turns out to be the Oficina del Servicio de Atención Ciudadana, the equivalent to the Citizens Advice Bureau of the local council.

Since then another has been highlighted called Abogacia Española, with the website:

abogacia-logo

http://abogaciaespanola.com/

 

This website again is identical to the other two, this time showing a different address: Calle de Valentín Sanz, 16, Santa Cruz De Tenerife, España, with the telephone number: 0800 802 1758.

 

The following is the website for the founder Fernando Holaci

fernando-holaci-300

http://fernandoholaci.com/

All three websites show a photograph of the founders of the companies:

Manuel Amas Conde for Litigar Abogados;

Emilio Leyes Catillianos for Litigious Abogados;

Fernando Roleba Holaci for Abogacía Española.

 

litigar-abogados-24

The only problem is they all have the same photograph, it could be that they are identical triplets!

Since the original articles more documentation has been sent in by a reader ( we shall call him Mr X) who was almost taken in by Litigious Abogados, unfortunately he had already paid them around 1200€ for procurator fees, and was about to pay more when he found the original article.

Below is the original contact letter he received telling him about the case against his timeshare company. They state “we are officially recognised by the high Court of Santa Cruz”, their “lawyers are legally authorised to operate in any Court of Law in Spain” and they “are currently working in conjunction with the Spanish Authorities”. This is signed by Ramon Quilnar Canal of the Reclaim Department.

original-letter pdf

Ramon Quilnar Canal has a photograph in the Litigation, Civil law section of the Litigious website, problem is it the same photo on the other two websites, with the following names:

Ramon Quenan Cansal on the Litigar website;

Ramon Quilon Climol on the Abogacia Website.

 

ramon-quilnar-canal

These picture are more than likely to have been downloaded from the net from lawyers images on google etc.

Now to the court case.

Mr X then received a letter with the amount that needed to be paid to the Court Procurator Davido Harstun Jaime, this was originally 1,312€ reduced to 1,201€ and was refundable. Once he agreed to this he would be included in the case, which was to be heard on 15 November 2016. The website and address for Davido Harstun Jaime the Procurator is:

http://www.davidoharstunjaime.com/

Avenida Juan Carlos I, Edificio Valdez, Oficina 604-605 B, 38618, Arona, Tenerife.

proc-fees-letter  pdf

court_fees1  pdf

confirm-case  pdf

Then in a letter dated 17 October 2016 Mr X is informed that the hearing on 15 November was successful and he had been awarded the grand total of 32,449€ not a bad sum. It may be a clerical error but we did not think that time travel was yet possible!

confirmation-of-win  pdf

Mr X was then informed that the money had been lodged with the “Procurator” and a cheque had been made out in his name (he received a copy by email to confirm). Only snag is he must first pay the tax to the court procurator to release the funds. This amounted to around 6,800€, unfortunately he could not afford that amount and informed Litigious of this.

compensation_cheque  pdf

They then informed him of some good news, after a conversation with the lawyer liaison Richard Lehmen, a meeting was held and as a goodwill gesture they would pay 50% of these fees on his behalf. Mr X would pay this back when he received his money. A cheque was made out to the Procurator and a copy sent to Mr X. This letter was signed by Simone Maro Malivaz (Abogado).

bbva_cheque_on_behalf_of_mr-x  pdf

Inside Timeshare has made substantive checks on all the named lawyers and none have shown up on any Bar Association Register, nor have the companies shown up on company house records.

All the emails Mr X has received have been signed by the following:

Luisa Ernas Fernandez Departamento Legal

Layla Lavame Fernandez Departamento Legal

Layla Lavame Carita Departamento Legal

Maria Sanchez Gotera Departamento Legal

Madelena Huele Aflores Departamento Legal

All emails carry the following number: Freephone: 0800 862 0102 and carry this copyright: © 2013 Ilustre Colegio de Abogados de Tenerife. Todos los derechos reservados.

European Union Data Protection Directive 95/46/E

This is a very sophisticated operation and for anyone who does not know the legal or tax systems in Spain it looks very plausible. Once again Inside Timeshare urges anyone who receives any calls, email or letters stating that their timeshare company is being prosecuted or that they have won a substantial amount in compensation to be very careful. Unless you have personally instructed a law firm, signed a power of attorney with a notary for them to act on your behalf, then there is no case. Also court taxes and government tax are paid when the case is lodged with the court by your instructed law firm.

This story proves the point that doing your homework and due diligence is the most important thing to save you possibly thousands. If you require any information about any company that has contacted you with anything similar or even by any of these contact Inside Timeshare and we will look into them for you. It will also help other readers not to be taken in.

 

Friday: The Week in Review.

We ended last week with the ongoing story of Mrs B, now known as Mrs Price and her continuing battle against MacDonald Resorts. The article explained the events leading up to the present dispute over a “So-called” debt for past maintenance and MacDonald Resorts refusal to accept she no longer owns.

In the article “The Story of Mrs B: Open Letter to MacDonald ResortsInside Timeshare called for MacDonald Resorts to do the right thing and let two elderly and not well ladies out of their contract. It also called for them to call off the debt collecting agency Network Credit Services, from issuing threats of legal action. So far there has been no response, even though they did receive the article via email along with many others including several newspapers. The story continues.

On Monday we published an article by Irene Parker, entitled “Another US Attorney General Exposes Deceptive Tactics”. This was originally published the previous week but was withdrawn for re-writing.

colerado-seal-ag

This follows on from others she has contributed about the battles in the USA between timeshare companies, workers and owners. It explains the story of the Colorado Attorney General Cynthia H. Coffman and how she is suing Highland Resorts at Christie Lodge Colorado for deceptive trade practices in the Denver County Court. The State is also sales manager Greg Penrod and twelve other defendants.

Irene in her article also spoke about how sales agent are made to commit these practices, and were prevented from saying anything due to confidential non-disclosure agreements. She is preparing part II of this article which Inside Timeshare will publish in due course.

On this note Inside Timeshare has a message for the TCA (Timeshare Consumer Association) who published “Highland Resorts Legal News”.

Irene Parker was surprised to read such similarities from her Highland Resorts article on Timeshare Consumer Association as it so closely paralleled the article she wrote this week. The same thing happened the day after she wrote the Saldana family story. As the TCA article was published so soon after the Inside Timeshare article was published, she wondered why credit was not given to the author of the original article. This is how professional journalists do things in the US. She wondered if things were different in Europe. She is glad to see the information disseminated to a wider audience. Since she is planning on writing a second part, she wondered if TCA would like her to just send them her article so they could publish it under her name?

la-provincia   the-canary-news-views-sunshine-logo-2016-250

 

 

On Tuesday news came in about the saga that is Tauro Beach Project, La Provincia (Spanish daily paper) and Canary News (local English language paper), published the story about how much of the beach has been washed away by the sea.

Inside Timeshare has been following this story since August, when the sea flowed up the beach and flooded local homes. There is currently a huge investigation underway, which also includes the Mayor of Mogan. It is also investigating alleged corruption and impropriety at the highest levels of the Canarian Coastal Authority, the former head has already been formally charged with wrongdoing in public office and forgery of official documents. The case is already at the court of San Bartolomé de Tirajana in Maspalomas.

http://insidetimeshare.com/tauro-beach-latest-development/

Yesterday, we published the story of a company that was highlighted in September, Litigious Abogados. Since the first publication, more information has come to light, with one reader supplying vital information about how they are operating. This reader also provided documentary evidence with court papers and bank details, these court papers are almost certainly fake. Below is a “stamp” we have made in around 2 minutes just from a google image download and basic windows paint, with a little more work it could be made to look better. It is also a “stamp” not used by the courts.

jl

The week has also been a good one for clients of Canarian Legal Alliance, with several more victories in various courts.

On 14 November it was announced that the Court of First Instance in Tenerife had found for the clients of CLA against Dinastia Resorts SL. In this case they were awarded 15,950€ with their contract being declared null and void. The sentence followed Supreme Court rulings that contracts over 50 years (perpetuity) were illegal.

Yesterday 15 November, saw 2 more announcements, the first was for Swedish clients of CLA being awarded over 114,000€ including legal interest against Anfi. Again the High Court No 5 of Las Palmas found in accordance with the Supreme Court that floating weeks and perpetuity contracts were illegal. The contract was again declared null and void.

In the second announcement, again Swedish clients, have been paid out 72,885.78€ in compensation, following a recent judgement. This was against Holiday Club Finland / Puerto Calma. Again the ruling made was for the length of the contract, over 50 years (perpetuity) with the contract being declared null and void.

So an early Christmas present for some.

This again goes to show, through the hard work of the legal team at CLA, their clients are finally getting justice and the Supreme Court rulings are having a profound effect on the lower courts.

http://www.canarianlegalalliance.com/news/

If you would like any further information on articles published, contact Inside Timeshare and we will be pleased to help. Also if you have any questions about any company that you are not sure about, send us a message, we will then contact you by personal email and if we don´t know them we will help you find the answers.

 

Have a good weekend. weekend01

Tauro Beach: Latest Development

Nature is now taking its own course on Tauro Beach, La Provincia, has today published the latest in the debacle that is the Anfi Tauro Beach project. The Canary News which is the English language paper in Gran Canaria, has also published the news on their website.

The warnings that were given about the nature of the tides and waves by locals have come to life, a huge chunk of the beach has now been washed away, revealing what is left of the original pebble beach.

The project to create an artificial beach involved importing 70,000 tonnes of sand from the Western Sahara, this was laid after the old pebble beach was removed. It was also laid without first being treated, this say environmentalists, could cause problems due to invasive species being in the sand. It has already had some detrimental effects on the marine area that is protected which is only 300 meters away.

It is now only 5 months since Anfi stated that work was now completed and weeks after the announcement that Anfi was to lose the concession and rights to run the beach for profit over the next 50 years. This was announced by the Canarian Government with the initial proceedings taking place at the Court of San Bartolome de Tirajana.

The beach has been closed to the public since work began and is still fenced off. Canary News also makes reference in their article about the major investigation being conducted for “corruption investigation and accusations of impropriety at the highest levels of the Canarian Coastal Authority”. We have already seen one prosecution of the former head of the authority and are just waiting for the court to complete the trial. The Mayor of Mogan is also currently under investigation and it remains to be seen how many more people end up being prosecuted.

Back in August, we saw the homes of the local people being flooded which ended up with a barrier being built to protect homes from flooding again, now with the sand being washed away, what of the remaining beach, after all we have not yet seen the winter storms or very high tides yet.

 

http://suscriptor.laprovincia.es/gran-canaria/2016/12/13/marea-lleva-parte-arena-playa/889842.html#

Tides take sands from Tauro beach

So the story goes on, as more news comes in, Inside Timeshare will publish it here. If you have any comment or questions about any article published, or if you have some information you would like to share, please use the contact form on the website.

Another US Attorney General Exposes Deceptive Tactics.

Timeshare is not having a good time right now, in Europe and especially Spain the industry is reeling from very costly litigation. This is costing resorts and developers a fortune in returning money for purchases made which have gone against the laws put in place to protect consumers.

In the United States the industry is also under fire, most recently a former sales agent has been awarded $20 million for unfair dismissal by Wyndham. She had been branded a “troublemaker” after she complained about unfair and dubious sales tactics being employed.

We have also seen the NY Attorney General close down the sales operation at The Manhattan Club, due to allegedly fraudulent sales practices involving a “bait and switch” scheme. Manhattan Club buyers learned there was a lack of availability for those who purchased memberships, while the general public could easily book online. A court battle that began in 2014 continues today.

The following article by Irene Parker explains the most recent news coming in from across the Great Lake.

Colorado Attorney General Scores a Goal for Timeshare Reform

By Irene Parker

December 12, 2016

keep-calm

All timeshare owners and buyers want is honesty and a fair price for their timeshare, along with reasonable maintenance fees and a legitimate secondary market. Now a third US Attorney General scores a goal for timeshare reform by exposing deceptive timeshare business practices.


There is something flawed if a product cannot be sold, if it is not sold same day. Even car shoppers are allowed to think about it, and many timeshare purchases cost as much or more than a luxury car. There are first day pricing incentives and consumers are told they cannot buy in the future.


According to Highlands Resorts’ sales manager Steve Abrahamson, named in the lawsuit, “In the eighteen months he worked for Highlands Resorts, not a single consumer returned after their sales presentation to make a purchase. In his fifteen years in the timeshare industry, Abrahamson never saw a consumer purchase a timeshare after leaving a sales presentation.”


http://www.businessden.com/wp-content/uploads/2016/12/5B3AF6808EF5C.pdf


Colorado Attorney General Cynthia H. Coffman has sued Highlands Resorts at Christie Lodge in Avon, Colorado for deceptive trade practices in Denver County Court. The state is also suing sales manager Greg Penrod and twelve other defendants. Several were outbound telemarketers.


Sedona Pines Resort in Arizona was also named in the lawsuit. I spoke to a former Diamond sales agent. Diamond agents cannot disclose any company policies or procedures due to a “CNDA” sales agent agreement they are required to sign. It stands for “confidential non-disclosure agreement” discouraging Whistleblowers. Not all agents are dishonest, so the sales agent who realizes something very wrong and harmful is being done to consumers, wants to tell their story.

In this case, the former sales agent said Diamond Resort owners, desperate to be released from rising maintenance fees, went to presentations at nearby resorts hoping for alternatives. Some Pines brokers would inflate the price of the Pines program to make Diamond owners think they were getting something for their Diamond points or weeks as a trade-in. A dollar amount would be added onto the purchase price as a “trade-in” if the consumer purchased a Sedona Pines program.

The Colorado lawsuit provided an example of fake pricing. “A fake price sheet itemized costs totaling $25,224, which included $6,995 in RCI upgrade points. If the buyer purchased today, Highlands promised to pay the $6,995.  However, Highland did not pay the $6,995. They only paid $179 in RCI dues instead of the $6,995 for RCI points.”


Amy DiPierro is a reporter for BusinessDen. She writes:


According to the state, “Highlands Resorts and its owner, Telluride resident Todd Herrick, “intentionally deceived, misled, and financially injured consumers” using high pressure selling tactics. Highlands Resorts is one of a larger group of timeshare companies controlled by a resort called Sedona Pines in Arizona. On its website, Highlands Resorts says it operates one resort in Durango and two resorts in Arizona.   


The state, which is represented by the office of Colorado Attorney General Cynthia Coffman, is seeking payments of $325,000 from those four defendants and a permanent injunction that would stop them from, among other things, advertising timeshares without displaying fees and conditions. A spokesperson did not respond to a message seeking comment.

http://www.businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/


Similar deceptive and misleading sales and marketing tactics are outlined in other lawsuits. Candace Czarny and two other former Hyatt sales agents filed a class action Whistleblower lawsuit against Hyatt timeshare. Candace is seeking Hyatt owners who feel they have been deceived by misleading and deceptive tactics.


http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/


A jury awarded former Wyndham timeshare sales agent Trish Williams a $20 million Whistleblower award. Wyndham issued a statement saying the tactics used are not representative of their company policy, according to the NY Times.
http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=1


The Tennessee Attorney General Herbert Slatery III recovered $3 million for Festiva timeshare victims.  


https://www.tn.gov/attorneygeneral/news/38312


The Consumer Financial Protection Bureau is in the second year of a Westgate timeshare investigation.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-probe-westgate-resorts-tactics-20160318-story.html

It’s getting harder to believe these practices are not representative of timeshare.

 

whos-next  Who’s Next?

 

 


Part II of this article will examine the fourteen defendants charged with violating the “Do Not Call” list to offer vacation incentives they proclaim are valued at $1,900. The lawsuit claims these certificates cost the developer $40.

I personally received a call from Fort Lauderdale yesterday. When I mentioned I was on the DNC list, he apologized and proceeded with his pitch. This is outbound telemarketing, so there is no way to contact the person or company that called.

We’re up to three Attorney Generals who have sued the timeshare companies. Timeshare developers figure in the cost of owner lawsuits as part of their annual budget. They do not figure in the cost of an Attorney General suing the company.

In the case of Christie Lodge, the resort is open but the sales program is not operational.

get-involved

So the question that must be asked is when will the industry wake up and change how it operates, not just in the USA, but in Europe and the rest of the world?

Inside Timeshare once again thanks Irene for her contribution, without her efforts we would not be able to bring you the news from across the water, bringing consumers together in a cause that affects all timeshare owners. Honesty, integrity and fairness are the elements that are missing in this industry, it must be said that not all are guilty of this, there are some who do work by these principles, but it is those who don´t that give it a bad name and reputation.

If you have any questions or comment about this or any other article published, use the comment section to send us a message. If you have a story or information that you would like to share, Inside Timeshare would like to hear from you.

  weekend

Wyndham Whistleblower: Update

Following on from the article published on 1 December titled: Whistleblowers Expose Timeshare Sales Tactics, Inside Timeshare was sent an an article written by Gretchen Morgenson of The New York Times. It is an interview with Patricia Williams, who recently won her case against Wyndham for unfair dismissal, the San Francisco jury awarded her $20 million for lost earnings, emotional distress and punitive damages.

patricia-williams

In the interview which was conducted by telephone, Patricia explained how she was branded a “troublemaker”, because she pointed out and complained about inappropriate sales techniques she and other sales staff had to employ. The constant high pressure selling especially to the elderly, with upgrades along with loans or mortgages, in some cases credit card accounts were also opened for purchasers without their knowledge or permission.

Patricia had worked in the timeshare industry for over 15 years, she was also, as all timeshare sales agents in the US, a licenced real estate agent, so it is not hard to see the dilemma she was in. It is about personal integrity.

This trial has caused her considerable stress, she was unable to find work as a sales representative in any field, it also had a severe effect on the relationship with her longterm fiancé, resulting in a break up. She also admitted that it had caused her to start drinking heavily, and at times she had to “raid” her parents kitchen for food. The only work she could get was low paid, with the most recent being a hostess at a restaurant for only $9 an hour.

Patricia was finally asked if she would do the same again, even with the knowledge of the consequences of being a “whistleblower”, her answer was definitely, “Protecting these vulnerable elderly owners,” she added. “That was the main reason I was able to continue.”

It is such a shame that this case had to be brought, if Wyndham had listened in the first place, changing how their product is sold and the way sales agent are made to lie, timeshare would have a better reputation. This is not just the case in the US, Europe has also seen the same tactics employed. Sales staff saying anything to get the sale, the oral representation clause, if it was not written down it didn’t happen.

For the full interview and article see the link below.

nytimes

http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=1

If you have any comments or questions about this or any article published, use the comments section to contact us. If you need any information on any company or want to know how to find it, Inside Timeshare will be pleased to help.

News on Friday

We ended November with news of another Supreme Court ruling for clients of Canarian Legal Alliance. Just after publishing (30 November) it was announced that the High Court N2 of las Palmas had found in favour of Norwegian clients of CLA against Palm Oasis /Tasolan.

In this ruling, which followed all the judgements of previous Supreme Court decisions, the contracts were declared null & void, due to the contract being over 50 years and the taking of deposits within the 14 day cooling off period.

The clients in this case have been awarded 448,000 Norwegian Crowns or 49,334€, this also includes legal interest and the return of all legal fees.

Then to start the month of December, it was announced that a British family have just received an early Christmas present, 49,888€. This money is now in their bank account, and was awarded against Anfi several weeks ago, they have still yet to be paid the legal interest and the return of legal fees.

This once again shows that the Supreme Court is having a profound effect on these cases, with payouts coming a lot faster. So it is congratulations to all at CLA and especially their clients.

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Yesterday 1 December, Andrew Penman of the Daily Mirror published an article on The Timeshare Consumer Association. Inside Timeshare has been following this story for some time and has published articles on this subject.

His article titled “The Timeshares Consumer Association claims to be an independent consumer champion, but is it”? Tried to find an answer to this question, unfortunately he did not.

http://www.mirror.co.uk/news/uk-news/timeshare-consumer-association-claims-independent-9367808

Mark Rowe denied owning or running the TCA, yet all company records show that he is the director and was appointed in place of William Aspinall on 8 July 2016. It must also be noted that since that date all posts on the TCA website and its sister site timesharetalk, about Monster Travel and Sellmytimeshare.tv have been removed. Readers of this site have also commented that they have placed posts about them and they have been removed within hours.

It was also reported by one of our readers back in September that they had contacted TCA for advice, this is her message to Inside Timeshare:

“We bought our floating week timeshare before 1999. We decided to contact the TCA to see if they could explain how the new Spanish laws affect or don’t affect our week. Had read somewhere about a Deed of Adaptation and were just curious to see if they could shed any light. A very nice young lady answered. Said she would find out and call us back at 11a.m. the next day, which she did. She explained what we could do told us that the TCA recommend Sell my Timeshare. We explained why we would not be happy to do that and she replied that the TCA found them to be a very reputable company. As Kevin said in an earlier post, It is a sad state of affairs.

And just because I could, I wrote about this on Timeshare Talk in response to another post relating to SellmyTimeshare.tv. (Only last night 22nd Sept)

Yep, you guessed it. The fairies have been busy in the night again and both posts gone this morning. You have to laugh!”

So the question is what is the truth?

It seems that even the intrepid Andrew Penman is having difficulty in answering this one, see the link below for the above comment and others.

http://insidetimeshare.com/monster-credits-associated-companies-summary/

If you have any comments or questions about any article published, Inside Timeshare will do its best to answer, if we don´t know the answer we will find it for you.

Have a good weekend.   friday-again

Tauro Beach Project: Canarian Government Revoke Anfi Concession.

The newspaper La Provincia on 27 November 2016 has published news on the ongoing problems with the Tauro Beach Project, it has been announced that the Canary Island Government is to revoke the concessions awarded to Anfi for the development of this area.

la-provincia

This comes after the investigation started by SEPRONA, the Guardia Civil  Nature Protection Service into irregularities into the licences and permissions that were granted. We have already seen the head of the Coastal Authority, Jose Maria Hernandez, dismissed from his post and facing charges for “Breach of Trust” and Forgery of documents. This case has been declared admissible by Court No3 of San Bartolome de Tirajana. Also an investigation is underway into the Mayor of Mogan, over her involvement.

It transpires that Anfi are being stripped of the concession and being accused of starting the work without providing the correct paperwork. They have also been accused of encroaching on land that was not part of the original project and not completing the project correctly. It appears that they have only laid sand on a fraction of the beach, 1300 sq meters and not the 3811 sq meters as agreed. Environmentalist are also up in arms as the 70,000tonnes of sand imported from the Sahara has not been treated. This according to them means it could contain “invasive species”, which could have a detrimental effect on the local environment.

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The current permits allow Anfi to develop the beach area, building hotels, commercial center and beach services for profit, with the concession running for 50 years. Because of the infractions uncovered, the licences and permits will be revoked, with initial proceedings being heard at the local court of San Bartolome de Tirajana.

This is certainly a huge blow for the Anfi Group and the new 50% owners Lopesan. The financial consequences of this could be huge, it may mean that Anfi will have to spend to put things right, but it also means they have lost the huge investments already made in the project.

It now remains to be seen what will happen next, will there be more charges as the investigation continues?

How is this all going to affect Anfi as a whole, will it mean an increase in maintenance to help cover the losses incurred in the project?

As the investigation goes on, Inside Timeshare will bring you the news as it comes out.

Click on the PDF links for the La Provincia article:

costas-abre-expediente-al-grupo-anfi-para-revocarle-la-concesion-de-tauro-la-provincia-diario-de-las-palmas

costas-open-file-to-the-anfi-group-to-revoke-the-granting-of-taurus-the-province-diario-de-las-palmas

Follow these links for more information:

https://m.facebook.com/notes/gran-canaria/surprise-tauro-beach-so-dodgy-the-government-is-taking-it-away/1664104110273792

https://youtu.be/txEIuzIT7M4

http://insidetimeshare.com/first-prosecution-tauro-beach-project-filed/

http://insidetimeshare.com/mayor-mogan-investigation-anfi-tauro-beach-project/

http://insidetimeshare.com/tauro-beach-project-latest-news/

http://insidetimeshare.com/anfi-tauro-beach-project-people-flooded/

If you have any questions about this story, contact Inside Timeshare and we will be pleased to answer them. If you have any information about this or any other subject Inside Timeshare would like to hear from you.

MacDonald Resorts and Reasonable Recompense for Relinquishing.

Inside Timeshare has run several article on the difficulty many people have in “getting out” of their timeshares, not just in Europe but also in the USA.

Recently one of our regular readers Alan Stewart sent in some information which to say the least was staggering, this involved one company that we have written about in the past, MacDonald Resorts.

As we know they have put into place a relinquishment programme, which they believe is fair, most would not agree. Under their system a limited number of people can apply to hand back their membership, this is on a first come first served basis. It is also only offered every other year with limited numbers. Another aspect is the amount of maintenance they require in order to hand back, four years worth. For many that could be a huge amount.

The information Alan has supplied, apparently from the AGM documents is as follows:

From the Villacana Club;

36 apartments have been removed from the club and transferred to MRL. (MacDonald Resorts Ltd)

939 Holiday Certificates have been given back to MRL.

Also that £417,163 went into the Clubs Sinking Funds because of the money paid by owners to get out, but what it doesn’t say is that £1,251,489 went into MRL’s own pocket because of this.

I have just found out that they have also got from Elmers Court £1,091,985 that’s £2,343,474 so far from just two clubs.

I wonder just how much they received altogether from all the Clubs for their so called “REASONABLE RECOMPENSE”

In his message Alan uses the term from MacDonalds themselves “REASONABLE RECOMPENSE”. What is reasonable about taking these amounts from members who have paid their maintenance bills for years?

Why do they still pursue old ladies such as Mrs B for non payment, even though they paid for 10 years without using due to illness? (see link below)

http://insidetimeshare.com/illness-not-reason-surrender-timeshare/

It is well known that for these companies to continue to operate they need the maintenance / management fee from you their members. With an ageing membership and the lack of “new blood” buying into these clubs, they have dwindling finances, as they tell you themselves, the cost will be passed to remaining members. That is the excuse they use for “Reasonable Recompense” from those wanting to leave.

The question is why are people not wanting to buy in?

The simple answer is the internet now offers a bigger choice, without the problem of maintenance, another reason is probably down to the industry itself. Many may have seen the problems associated with timeshare from their own parents and family, this would obviously put them off. So again the industry has only itself to blame. Unfortunately it will be the remaining owners who will have to stump up the money to keep these clubs going, after all someone has to pay and it will not be the company.

Thank you to Alan for the information, it is through people like yourself that we can share with and inform others of what is going on.