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And So It Begins!!

Following on from Friday’s article Attorneys General and Timeshare under Trump, it would appear to have upset a few people on a facebook page that Irene is or rather was a member of, Diamond Resorts International Members page.

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

Apparently some think it is political, well what isn’t political nowadays?

Gandhi free press

It asks the question what will happen to timeshare under the Trump presidency, a fair question considering his business background. He is a developer himself, having built a golf resort in Scotland, which includes plans to double the number of timeshare apartments.

He is all for business, fair enough, but is that going to be at the expense of beleaguered timeshare owners in the USA?

We have already seen in previous articles the predatory nature in the sale of timeshare including the continual upgrading and “lending” in order to fund this. It has been highlighted time and again that there is a lack of a “secondary market”, which ends up with owners being at the mercy of unscrupulous resale and termination companies.

Just from the actions in barring Irene from the group by a few, freedom of speech and expression is being eroded by a few, who think they know better. Are these people just stooges for the industry? Do they speak for the majority?

Voltaire free speech

Inside Timeshare thinks not, we will publish stories about both sides, whether they are “the good, the bad or just downright ugly”. Freedom of speech is the fundamental aspect of democracy, when we lose that we have dictatorship, Irene has lost one avenue for that freedom and it is to the detriment of those other members who wish to know the Truth.

Timeshare and Politics

Freedom of the Press and Freedom of Speech Works

By Irene Parker January 23, 2017

hand and pen

Whether we are talking politics or timeshare, media spin is usually the first line of defence. I have been banned from one of the Diamond Resorts Members Facebook page for posting the article Inside Timeshare published Friday, January 20 about US Attorneys General working for timeshare owners and Attorneys General who seem to be on the side of the timeshare developer. I was banned because the article was deemed political. I did not know President Trump was going into the timeshare business until I read the article after it was published.

Attorneys General and Timeshare under Trump

Timeshare is all about politics. The problem is, timeshare is a one sided political game with all the muscle on the side of the timeshare developers.

Several of the members of the Diamond Facebook contacted me with their reasoning as to why I was banned. I’m told the quota of unhappy owners has exceeded its limits. Happy campers are encouraged to apply.
I worked with over two dozen of the Facebook members, several having been financially devastated by their vacation plan. I felt like I had been making real progress interacting with PR spokesperson Maya Pogoda, the newly formed Diamond Consumer Advocacy Department, and Diamond’s In-house Counsel – responding when legitimate examples of deceptive and fraudulent business practices are brought forth, similar to the Monarch example below.

Owners released from a timeshare contract cannot share their story because they are required to sign a confidential non-disclosure agreement or CNDA, agreeing not to say anything negative about Diamond Resorts. How can this Monarch owner go through life not saying anything negative about Diamond Resorts? I use Diamond as an example, but a few of the big players are just as guilty.
I am at the Cancun resort in Las Vegas and went to a breakfast where they said they would simply update me about the changeover to Diamond. I was told that I should have been invited to a dinner where I would have been given options, decided by a judge in a legal ruling against Monarch due to their bankruptcy. They proceeded to show me a print out that said when my current term expires in August. I would have to pay $573 per quarter to Monarch. They said that due to the bankruptcy, I would have no equity. That was option one. Pay more, have nothing. The other option they said was to transfer into Diamond at a cost of $12,000 plus and pay a yearly maintenance fee of $1,700. Less than the $2,292 I would soon be giving Monarch. They also told me that I would then have equity of $41,000 that I could sell. I was in tears. I do not have any extra money. In fact I have been looking for ways to get out of Monarch for over a year now. They said that was not an option and that as an owner, I was now proportionally responsible for their debt. I felt trapped and signed all the papers to transfer, with no idea how I can pay. After reading the comments above I am even more scared. I am trying to start my own business and am already in severe debt. They claimed when they ran my credit though that it looked better than most and assured me I qualified for financing. I would have to pay off, basically transfer to credit cards, which I can barely make my payments on now before I could look to sell. One of the reps assured me that she would put me in touch with someone who could help me sell my points. She even gave me her cell phone number to call after the sale/transfer is finalized. I am really scared though. Please help! We have to do something. It seems as though they have no qualms about lying to and robbing people for their own benefit.

bill of rights

Attempts are being made to suppress the America media. CNN has been aggressively targeted. Suppressing the media is the first step in a dictatorship. It pains me to see Anderson Cooper rattled by the absurdity of debating crowd size.

Propaganda and distraction are the means to control the message. In timeshare this is accomplished by requiring relinquishing owners sign a non-disclosure agreement. This is common in any industry, but seems harsh when an elderly or vulnerable family has turned over sometimes their life savings because they believed they were buying the equivalent of a second home. The family will receive nothing when they relinquish. The developer takes back the contracts and resells for full value. Amounts from $50,000 to $100,000 are not uncommon. I dare not show them past levels of executive compensation which I believe are wildly inflated. Is it fair to silence?

I sent our controversial article to the Consumer Financial Protection Bureau with this note:

I know Senators Warren and Sanders are kind of busy right now, but I really think they should know our President is going into the timeshare business and one of his best friends for the last 20 years is the owner of Westgate who you have been investigating for a couple years.

What can be done about it?

help key

There seems to be a real disdain for confronting a problem with the preference being to deny the problem exits. In the media, I have seen masterful examples of answering a question by not answering the question. I have always said half a problem goes away when confronted. How CAN the timeshare problem be confronted?

Finally, a timeshare company listened!

Diamond Resorts has created a Consumer Advocacy Department that allows owners who have been victimised by rogue timeshare sale agents to contact their Consumer Advocacy Department at:

mailto: [email protected]

Often issues are related to miscommunication. Meaningful dialogue can work wonders. The entire industry benefits although timeshare lawyers may notice a decrease in their earnings.

Arizona Attorney General Mark Brnovich and his staff are working with Diamond Resorts to improve their business practices. Diamond is certainly not the only timeshare company that needs to improve.

OPC´s in Europe and the USA.

One of my favourite posts on my former Diamond Facebook was when an owner said Diamond needs to take the Blinkers off. Blinkers off? It’s a worldwide Facebook page so an American said the word we use is Blinders.

Timeshare needs to take its blinkers or blinders off and realize there is a problem with the timeshare industry and the continual conflict between timeshare developer lobbyists like ARDA, RDO and TATOC and timeshare owners and advocates. CRDA is not on this list because CRDA does have an advocacy arm. It’s called the National Timeshare Owner’s Association and it has been helping owners for over twenty years. Owners have available an “ASK CRDA” helpline that has operated without any interference from developers. But that’s Canada for you.

Too many senior citizens we used to call baby-boomers are being harmed by predatory marathon sales presentations repeatedly asking us to sign perpetual contracts with little or no secondary market.

Let’s wake up Timeshare!

The Arizona Attorney General has taken the first step by throwing out the oral representation clause in Arizona, or “license to lie” as timeshare attorney Mike Finn of the Finn Law Group likes to describe it. For years deception and fraud has gone on unchecked because of the oral representation clause. The oral representation clause is the start of a vicious circle that ends with the widely reported timeshare resale scam industry.

Is honesty really that hard?

 

reform

Inside Timeshare will continue to publish stories such as these, without them timeshare owners around the world will be kept in the dark. If you have any comments on this or any other article Inside Timeshare welcomes them. If you have a personal story on your experiences which you would like to share, contact us and we will get back to you. You Have a voice, use it!

 

   

  

 

Attorneys General and Timeshare under Trump

Today’s article just happens to coincide with a rather important day in the USA, it is the inauguration of Donald Trump as President of the United States of America, so what has this to do with timeshare?

Well it is actually quite simple for those in Scotland, back in 2008 there were some very heated debates over Mr Trump’s plan to build an 18 hole golf course and resort in Balmedie Aberdeenshire. This met with considerable resistance from the local people, but eventually Trump won through.

The original plan was to build a 450-room hotel, a second golf course, 500 luxury homes and 900 timeshare apartments along with a second 18 hole golf course. In a recent article in The Guardian newspaper these plans now intend to double the number of homes and timeshare apartments.

According to The Independent Newspaper there appears to be a conflict of interest, although Mr Trump or should we say President Trump, has stated that his company will do “no new foreign deals” during his presidency. But as The Independent puts it he has left this “new” and “deals” open to interpretation.

The Independent article goes even further, it also brings in the fact this proposed expansion coincides with the need for the UK to negotiate a trade deal with the US after the Brexit vote. As The Independent puts it “who would deny a permit to the President of the United States?”

Well, we in the UK and especially those people in Aberdeenshire will just have to wait and see.

In Irene Parker´s article she explains the US side to the question what will happen under the Trump Presidency and the effect to owners.

Links to the Independent and The Guardian articles.

https://www.google.es/url?sa=t&source=web&rct=j&url=/amp/www.independent.co.uk/news/world/americas/donald-trump-organization-golf-links-resort-scotland-aberdeen-conflict-interest-a7534596.html%253Famp&ved=0ahUKEwjEiL656M7RAhUGQBQKHVZkDe8QFghQMAY&usg=AFQjCNEGkuZV4A3k8BIvt65PzkVLNLQbHQ&sig2=oX4Sg73mYZ_Gfsi1hw9UJw

https://www.google.es/url?sa=t&source=web&rct=j&url=/amp/s/amp.theguardian.com/uk-news/2016/dec/22/planners-reject-donald-trump-revised-plans-scottish-golf-resort&ved=0ahUKEwjSkM6q6c7RAhWCxRQKHVVfCfEQFghZMAc&usg=AFQjCNGSyvxRBMaAVBigvOxsbSyrpCkAKQ&sig2=sSbmK7N4TgzLUVG1YI-PHQ

Attorneys General and Timeshare under Trump

By Irene Parker

January 17, 2017

Presidetial seal

There are a couple of movements under way in America, so why should Timeshare be different? Timeshare owners who have been victimized by rogue sales agents are as far apart from the actions of timeshare developers and lobbyists as Trump is from Bernie. Through covert action, timeshare owners have circumvented laws developers supported to jokingly protect our privacy, and began to contact each other. What we have learned from each other’s experiences is shocking.  

http://www.redweek.com/resources/ask-redweek/timeshares-refuse-to-share-owner-lists

Four Attorneys General have taken action to protect timeshare consumers and prospective buyers.  Noticeably absent from this list is Florida Attorney General Pam Bondi, considering Florida is a timeshare mecca center. The timeshare developer lobby organization ARDA will be quick to point out Bondi’s effort to shut down fraudulent timeshare resale scams – vibrant due to little or no secondary market for owners seeking to sell their timeshare. Bondi explains on a FOX Bob Massi Property Man segment:

https://www.youtube.com/watch?v=G6bZDA6pL0o

Resale scam artists are like squirrels. Take out two and four more will arise tomorrow. I received two calls just this week. Of course shutting down 41 fraudulent resellers is a good thing, but did this just clear out the clutter for developers to have a clear path to “legitimate” transfer agents.

When a timeshare company refuses a request to surrender a timeshare contract, never fear! The beleaguered owner can go to a transfer agency with good names but questionable business practices like Redemption and Release and Resort Release. For sometimes as much as $5000 or more, transfer agents will offer a guaranteed “deed-back”, if legitimate, then bundle 25 to 50 contracts and sell back to the developer. Sound similar to the sub-prime mortgage business? It is.

On the other side of the FOX Celebrity fence are Dave Ramsey and Laura Ingraham endorsing Resort Release. In a FOX news interview Dave Ramsey said timeshare has a 98% dissatisfaction rate.

Lisa Ann Schreier, author of Timeshare for Dummies, offers her opinion in her Open Letter to Dave Ramsey and Laura Ingraham:

http://thetimesharecrusader.blogspot.com/2016/11/an-open-letter-to-dave-ramsey-and-laura.html

lecturnSo what does this have to do with Politics?

Pam Bondi made headlines with her handling of the Trump University investigation after asking and receiving a $25,000 donation.

Trump U victims are eerily similar to timeshare victims. CNN reporter Drew Griffin interviews top Trump U sales agent Dave Harris:

https://www.rawstory.com/2016/07/cnn-reporter-hammers-trump-u-instructor-is-that-called-ripping-off-an-old-couple/

There has been a noticeable shift in lobby efforts. Extravagant events designed to curry favor for legislative efforts used to be directed towards politicians and lawmakers. That’s changed. More and more, campaign contributions, lobby sponsored conferences and events are aimed at Attorneys General like Pam Bondi, as pictured, and reported by the New York Times:

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

However, efforts to influence politicians have not gone unrewarded. Timeshare owners and advocates were outraged over timeshare laws passed in 2015 making it more difficult for timeshare owners to be released from contracts.

http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.html

Attorneys General working for us:

Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance following a probe of Diamond Resorts. A settlement of $800,000 has been awarded for restitution:

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Other Attorneys General have come down on the side of timeshare owners, including:

Colorado Attorney General Cynthia H. Coffman, as reported by Business Den reporter Amy DiPierro, concerning Highlands Resorts in Colorado and Sedona Pines in Arizona:

http://insidetimeshare.com/another-us-attorney-general-exposes-deceptive-tactics/

New York Attorney General Eric Schneidermann halted sales at The Manhattan Club in 2014 and is still engaged in an ongoing legal battle:

http://insidetimeshare.com/news-across-pond/

Tennessee Attorney General Herbert Slatery III settled with Festiva timeshare for $3 million:

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

Alongside AGs, the Consumer Financial Protection Bureau conducts an ongoing investigation of Westgate timeshare as reported by Matthew Zeitlin at BuzzFeed:

https://www.buzzfeed.com/matthewzeitlin/financial-regulators-are-looking-into-americas-largest-times?utm_term=.dwoQKVw3QQ#.doJ0ka1K00

Diamond Resorts default rate is the highest in the industry. The rate has increased to 19% over 13% from the prior year, according to National Mortgage News. Diamond credits this to lawyers targeting owners. I like to think of it being caused by owners talking to other owners.

http://www.nationalmortgagenews.com/news/secondary/newly-private-diamond-resorts-tests-securitization-market-1090005-1.html

So what side of the political fence stands the timeshare developer? Pictured to the left of our new President, the King of Versailles and owner of Westgate timeshare David Siegel:

Trump

Thank you to Inside Timeshare for providing a forum that now reaches from England to Australia and to our Diamond member sponsored Facebook page:

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

Globe flags

Inside Timeshare hope that this article has explained to our European readers the problems that US timeshare owners face, and what it may mean to them in the future. Your comments to this article are more than welcome.

If you have any questions about any company that you may be thinking of dealing with or have been contacted by, contact Inside Timeshare and we will find the answers for you.

 

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.

truth1

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