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Friday’s Letter from America

Welcome to this weeks Letter from America, but before we start the article, a quick update on A K Advisory Limited. As we have reported this is just one company contacting Eze Group clients, saying they can get their money back for a £725 upfront fee, one of our readers has informed us of the “ESCROW” account and the name of the recipient that it should be paid into, these are the details.

The BACS  account is a Lloyds TSB account, Number 37871668, Sort Code 77-13-11, Name of account holder Mr Connor Baker.

This company along with all the others is a fraud, do not pay them anything, you will not get your money back.

Now for todays Letter from America.

It is unlikely Arizona Senator Michelle Ugenti-Rita, R-Scottsdale, quoted below, will bother to read the reports from some of the 80 Platinum members who have been financially devastated because they believed in timeshare programs they say did not exist. Today’s Inside Timeshare describes some of the members financially devastated. We hope timeshare members will recognize how ARDA ROC lobbyists spent some of members’ $5 million in annual $3 to $10 opt-out “donations” and recognize that this organization is not the voice of 1.8 million timeshare members. The comments below from lobbyists and pro-industry lawmakers are appalling.

At least the Arizona Attorney General’s Office and Howard Fischer, a journalist for the Daily Courier, understand. What chance does the consumer have if ARDA and the developers will not even heed the advice of an Attorney General. As we have previously explained, there are many ways to dodge a rescission period. Tuesday’s Secret Shopper explained how easy it is to bait and switch the unsuspecting. Just how out of touch can those in authority be. Imagine how you would react if you learned minutes after the rescission period that you experienced fraud, reading,

“the timeshare industry’s top lobbyist told ConsumerAffairs in January, admitting that points have no resale value while claiming that consumers don’t mind this because the value comes from the experience.

From The Daily Courier

Lobbied by the industry, state lawmakers are not going to help those who bought timeshares get out from under what is often a lifetime obligation.

https://www.dcourier.com/news/2019/apr/16/opt-out-provisions-timeshare-bill-no-longer-table/?fbclid=IwAR2cs4PdvFFqQVlvUd_I5-DxOSOUl5U59w_KVEYs1jchViitMMLYzz6PRx0

“We’re disappointed that the timeshare industry killed a lot of the pro-consumer parts of this bill,” said Katie Connor, spokeswoman for the Attorney General’s Office.

“They’ve got a lobbying presence here and around the country,” added Amanda Rusing who lobbies for the office. “It was very disappointing to have to remove all of the stronger, pro-consumer provisions.”

Sen. Michelle Ugenti-Rita, R-Scottsdale, who chairs the Senate Commerce Committee, said the legislation, which now awaits a roll-call vote, does include some additional requirements for what needs to be disclosed to prospective buyers.

“At some point, these are adults that come to a meeting of the minds and want to sign a contract,” Ugenti-Rita said, saying that buyers have some responsibility to know exactly what they are signing.

While the industry claims that “points” are no different than a deed, simply with more flexibility, consumers have noted that points appear to have no intrinsic value because they can’t be resold, making memberships that were purchased for hundreds of thousands of dollars essentially worthless on the resale market.

“Their value comes from using it,” the timeshare industry’s top lobbyist told ConsumerAffairs in January, admitting that points have no resale value while claiming that consumers don’t mind this because the value comes from the experience.

According to ARDA lobbyist Don Isaacson:

But the bottom line said (ARDA lobbyist) Isaacson, is that the state should not step in to protect people who didn’t bother to understand the nature of the deal.

“You read the documents,” said Isaacson. “And unless there is fraud, you are bound to that particular purchase.”

Anyway, Isaacson argued that too much is being made of the issue.

Timeshare Insider

Save the Date! Our next Platinum 80 Protest is May 17 – 20

Two Locations:

Friday, May 17 near the Florida DBPR Office

Saturday and Sunday, May 18 and 19 near Disney World

You don’t need to be Platinum to Join Us!

Protesting Unfair and Deceptive Timeshare Sales Practices

By Platinum Protest Organizers

Friday, April 19, 2019

When we protested in March in Las Vegas, where we represented 70 Diamond Resorts Platinum members alleging that we had been intentionally targeted for our loyalty and deliberately up-sold into insolvency. Since then we have grown to 80 Platinum members, many similar if not identical complaints. We believed in programs to pay maintenance fees that do not exist. Others say they were told if they purchased additional points, they would be able to sell points. According to Diamond, we are all confused. We are all educated professionals.

As reported at a legislative workshop in Tallahassee, Florida March 12,

Victoria Butler, from the Florida Attorney General’s Department of Consumer Protection, reported a figure of 1,500 to 1,600 complaints in recent years, with about 50% involving senior citizens. She said the majority of complaints were in regard to the initial sales presentation.

Ms Butler stated that the Florida timeshare division engaged only 42 complaints, the majority concerning resale. This fits with our members reporting that all timeshare complaints they submitted, DBPR responded, “Verbal representations are difficult to prove.”  

Based on these numbers, a sales agent can say anything to sell points. At least let the consumer know they should not believe a word a sales agent says. Reading the contract doesn’t always help. Members are often not allowed onto a booking site until after the rescission period has passed.   

The status of 80 Platinum member complaints:

  • 26 Resolved their Diamond dispute so won’t be protesting. Resolved doesn’t mean people didn’t lose a lot of money,
  • 21 Unresolved,
  • 9 Foreclosed with one senior Navy veteran filing for bankruptcy,
  • 18 Unknown outcome because we don’t call to find out what happened,
  • 4 Relinquished which meant they lost everything.
  • 2 In litigation.

Diamond points sell for around $4 a point. Platinum members own a minimum of 50,000 points. In 2018 maintenance fees had increased to $8,631. Out of the 80 Platinum complaints, 42 members report that they were told of maintenance fees relief programs that they later learned did not exist and 16 specifically say they were told they could pay maintenance fees at $.30 per point.

Only Platinum loyalty members can pay maintenance fees at $.04 per points so if a member turned in 50,000 points, redeemed at $.04 per point, it would mean they would be credited $2,000 towards a maintenance fee bill of $8,631 with no points left to travel. Members report that when they file a complaint, the hospitality agent responds describing a legitimate 30/30 program that offers travel discounts. This program has nothing to do with paying maintenance fees at $.30 per point.  

Inside Timeshare told us they do not link prior articles if the complaint has been resolved, but given Platinum complaints are increasing, they said they would allow us to link articles published by 14 of the 80 Platinum members even though some have resolved. They resolved, but not without endless rebuttals and regulatory filings. When you read our 130-page summary report – reports from educated professions who don’t know each other, all reporting similar to identical complaints, it’s unlikely a reader would conclude all our reports are falsehoods.  

We have added the Lusk family to our list of 81, even though they did not submit their complaint through Inside Timeshare. Their experience was published in USA Today. As reported by Rebekah L Sander for the Arizona Republic, Frank and Betty Lusk are retired Christian missionaries, nearly 90 years old. Annual maintenance fees are $19,000.

He told the Lusks buying another $150,000 timeshare with 10 per cent down was “life insurance” that would resolve any debts they had with the resort when they died, a promise they repeatedly questioned, Betty said. The timeshare contract they received is not life insurance and does not pay off debts upon death.

https://amp.usatoday.com/amp/3310015002

Following are 14 articles submitted by our Platinum 80 members:

Article 1 published April 12, 2019 Platinum member #80

The timeshare member is single, over 70 years old. From 2015 to 2018 the member was ping-ponged back and forth seven timeshare times told, “You should not have bought Hawaii points,” and then “You should not have bought US Mainland points,” until up-sold into insolvency. The member has lost their entire retirement savings that were worth almost $400,000. The member also suffered tax consequences due to liquidating a retirement asset.

Since we published the article, the family learned she was only switched back and forth five times over six transactions. These histories can be a nightmare to piece together, worse than your worst tax return.

Article 2 was published by Consumer Affairs March 29, 2019 Platinum #57/80

The FBI website is tricky. One of our three FBI helpers helped Diane through the intricacies of the FBI filing website IC3.gov. It starts off confusing asking if you want to report Terrorism, Missing child or Internet Crime.

Diane’s father had asked Diamond to take back a fully paid timeshare when he was 85 years old. They said no. He was sold five additional contracts between the ages of 85 to 88.

Diamond Resorts still can’t explain why it sold $250,000 worth of timeshare points to an 88-year-old

In late December, Diane Burkhart sent a complaint to the FBI describing how her 88-year-old father agreed to purchase $250,000 worth of timeshare points over the course of 18 months, from 2016 until late 2017. In 2018, he was diagnosed with dementia. He is now 89 and living in a nursing home, Burkhart says. His wife passed away last May.

https://www.consumeraffairs.com/news/diamond-resorts-still-cant-explain-why-it-sold-250000-worth-of-timeshare-points-to-an-88-year-old-032919.html

Article 3 is by Platinum Protestor Patty Boyak Valentine’s Day 2019 #28/80

Patty’s Las Vegas sales agent was recorded defrauding a disabled veteran in 2017. That family was interviewed January 2018, at which time they provided to Inside Timeshare a copy of the highly disturbing recording. An interview Inside Timeshare conducted with the couple was sent to Diamond’s attorney. The dispute was swiftly resolved, but instead of firing this agent, Patty met him October 2018. He introduced himself as a Platinum Specialist. Patty purchased her last contract from him. Just recently Inside Timeshare has heard from a third member sold by the same agent, the husband was diagnosed with Alzheimer’s and English is his wife’s second language. The family is financially devastated.

The very first complaint Inside Timeshare received in 2016 was about being told buying additional points would relive maintenance fees.  

At their last stay at a Diamond Resorts International resort in August 2015, Sylvia Saldana said that a sales agent tried to convince them to purchase another 10,000 points in order to achieve platinum level, which is 50,000 points (Remember they owned 30,000 points). The sales agent explained that by being platinum, it would allow the couple to pay their maintenance fees with their points, as only platinum members are allowed to use their points to pay maintenance fees, Sylvia Saldana said.  https://insidetimeshare.com/fridays-letter-from-america-on-thursday/

Patty’s Miracle Mile Protest in March article (pictured above)

Article 4 was submitted by a 100% disabled Army veteran. He was issued a 1099C for $170,000. His is one of now 21 complaints directed against the same sales agent. At least following the advice we provided to his CPA, he successfully disputed the phantom income.

This former Diamond member says DRI sales agent Rick Casper, working out of Polo Towers in Las Vegas, told him to buy more Diamond vacation points to eliminate maintenance fees. He and his wife wanted to talk to someone at DRI because they were struggling to pay maintenance fees on the 50,000 DRI points they already owned. This member is a 100% disabled Vietnam veteran, having been exposed to Agent Orange. The former member did not contact us to complain about Diamond Resorts. He wanted to know if there was anything that could be done about 1099. I did ask why he purchased additional timeshare points from Rick Casper, given Inside Timeshare has received 11 identical complaints about the same Las Vegas sales agent over an 18 month period.   

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for the maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this, but now the IRS has issued us a 1099 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

Article 5 is by Gad Liebmann and his wife Noreen. They have been protesting outside Daytona for a year. They have had to stop protesting because Noreen was injured in a fall. They are both Army veterans and have many foster children.


From left, Noreen, Irene, a good Samaritan holding sign for Gad and Don

One of the Diamond sales agents told them they should be greeters at Walmart to help pay maintenance fees. Their complaint is identical to Sheilah Brust’s complain. Sheilah and Gad were sold by the same agent. Sheilah attended a presentation as a Secret Shopper and was told this agent was a problem at Wyndham.

Article 6 is Sheilah’s article. The article is called “Sheilah’s Pencil Pitch”

Sheilah is in possession of her “Pencil Pitch” which clearly states $8,631 minus $8,631 = 0 on the first page. There is an arrow and “save” written on the paper. At first, DBPR dismissed Sheilah with, “We don’t know if you were given this paper or you took it.” Sheilah was astonished. The last Sheilah heard from the reviewer is that she didn’t understand the program either until Diamond’s attorney explained it. That alone should have been grounds for dismissal. Here’s the first page of the pencil pitch. Sheilah was impressed her agent could write this upside down.

Article 7 is by Angela Simmons Sandstede. Her dad is one of those switched back and forth between Hawaii and US Mainland programs like the single female described in Article 1.

Roy is a retired letter carrier and Navy veteran, up-sold to $2.700 a month in loan payments. He had been charging loan payments to credit cards. The family had to retain a bankruptcy attorney. They are in their 70s. They had maintained a  high credit score before this.

Roy’s YouTube and March 6, 2018 article:

Article 8 This PhD trained the sales force for Perkin Elmer.

They are caregivers for two grandchildren, one autistic, one Down’s syndrome. They relinquished, losing everything.

Article 9 Filipino seniors with a previous high credit score foreclosed.

Article 10 – An executive VP posted one rental ad on RedWeek, despite hundreds of ads to rent on RedWeek.

Their account was suspended and it was demanded she pay $2,400 a month in loan payments and a $23,000 annual maintenance fee while her account was suspended.

Article 11- These seniors are foreclosed, the husband has Bell’s palsy

We were told “We are real estate agents. You can write off the interest paid and closing costs on these contracts because it is like real estate.” They said the proof was because they have real estate licenses. They are licensed real estate agents, but what they told us was not true. Our accountant said we were not allowed to take any deductions. We were told we had to buy that day so we could not talk to our accountant.

Article 12 This family did not know until they returned home they had purchased $142,000 in timeshare points, $17,000 charged to a Barclaycard.

Their attorney gave up. They submitted this article for comment and resolved their dispute that day. He is a Gulf War veteran, on 25 meds. She has had two knee replacements and a double mastectomy.

Article 13 A 21 year Army veteran, taught biological, chemical and nuclear defence at colleges.

Today we thank Samuel Melendez who spent 21 years in the army training soldiers, working with colleges, teaching chemical, biological and nuclear defence. When a military family is forced into foreclosure because they were lied to about being able to sell back points or finance at a lower rate, they don’t just lose their money. This can jeopardize their security clearance and their job.  

Article 14, A Coast Guard veteran, relinquished so lost all.

Rick Casper told us we should contact him when we needed to sell points because he had people that would buy them. This was the only reason we upgraded from 30,000 points to 50,000 points. When we contacted Rick earlier this year, we learned from Dan Percy (Rick Casper’s immediate boss) that we could not have been told that and we might be able to sell them through a resale third party. We never heard a response from Rick Casper.”

“In addition, we asked Rick about combining our seven previous contracts into one contract covering all 50,000 points. Rick Casper (allegedly) advised us not to do so as it would be easier to sell smaller quantities of points and inferred he could do so easier having contracts in increments, as when someone wants to upgrade from Gold to Platinum requiring only 20,000 additional points.”

“The thought of being able to sell was a relief.”

These are only a few of the Platinum complaints. We have heard from exactly 700 families as of today. We wish there were only a few bad apples, but Inside Timeshare says they have received multiple repeat offender complaints.

St. Louis BBB report warning consumers about timeshare

Don’t Fall for Deception Pressure and Traps Disguised as Vacations

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry?bbbid=0734

We hope you can join us on May 17 – 20! We will publish exact locations soon.

Our Mission Statement

We seek to provide timeshare members with a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

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

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

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

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

That is it for this week, we look forward to hearing your report on the protests next month and for those who cannot attend we will be there in spirit.

Inside Timeshare would also like to share this little gem from Mahatma Gandhi, it is for Irene Parker, who as we know is under attack from the industry big guns, you have our support Irene.

Have a great Easter weekend and join us again next week for more news and views on the murky world of the timeshare industry.

Mid Week Round Up: Latest Information on A&K Advisory Ltd

More details are emerging about A K Advisory Limited from our readers, with new names making the calls. The pitch is still the same although with a few more details to make it sound more plausible.

Just to recap, the company details are:

A & K Advisory Limited, company number 11120313

With the registered address: 20 Cow Green, Halifax, England, HX1 1HX

Telephone 01422 400223

The email addresses supplied are [email protected]

[email protected]

This is the email being used by Jill Rutherford.

Which are free email address provider and is not linked to any company website, always a sure sign of a dodgy company.

The company was registered on 20 December 2017 with the director named as Adam Hussain.

The first new name we have is Martin Jacobs, in his call, he states he is the payments manager for A & K Advisory, well, this is a new position which we have not heard of before, does sound official. During the call, Martin Jacobs claims that they will be able to get back all the money the client paid to Eze Group, plus, wait for it an extra £2000!

Sounds great, but first, the client needs to pay £725 by BACS (Bacs Payment Schemes Limited, previously known as Bankers’ Automated Clearing Services, is the organisation with responsibility for the schemes behind the clearing and settlement of UK automated payment methods Direct Debit and Bacs Direct Credit, as well as the provision of managed services for third parties.) The money will be held in an ESCROW account for 10 days.

A courier will then arrive with paperwork, once this has been translated into Spanish (in Madrid), the client will then receive their money. The client also received an email from Mr Jacobs outlining the cost but there was no company name or details.

The second name to appear is David Eaton, in his call, he asked the client if they would like to go with A & K Advisory to get their money back from Eze Group. Again he wanted £725 to be paid upfront and they will then work on the client’s behalf to get the original money refunded.

When you think about it, £725 doesn’t sound much considering how much other scams are charging, but if you think of how many people may have been taken in it soon mounts up. It would only need 200 Eze Group clients to pay this amount and the scammers will have received £145,000 a very lucrative scam indeed.

These companies are out to take your money and that is it, there is no money being held by any Spanish Court or UK Court for that matter. The courts do not appoint or retain private or third-party companies to contact clients, plus the Spanish Courts at present are not even involved in any case against Eze Group.

If you have been contacted by A & K Advisory Limited or any of the companies listed below or even any new company name with a similar story, then use our contact page and let us know. We would also advise you to contact Action Fraud and make a report. The potential amounts of money that these people are able to make is huge.

Money Advice Limited,  Company Number 11796746 with the registered address:

10 Adamson House, Towers Business Park, Didsbury, Manchester, United Kingdom, M20 2YY

Telephone number 061 505 0398

Names of callers supplied are Mark Spalding, Thomas Jones and Irene Golding.

Claims Assistance Bureau Limited, Company Number 06832938

Ty Glen, 1 Brecon Court, William Brown Close, Llantarnam Industrial Park, Cwmbran, NP44 3AB

Tel: 02920099129

Egerton Advisory Limited, Company Number 10286171 and the registered address:

Eighth Floor 6 New Street Square, New Fetter Lane, London, United Kingdom, EC4A 3AQ

With an alternative location address registered as:

Q3 The Square Randalls Way, Leatherhead, Surrey, KT22 7TW

Telephone number 0203 745 2315

The directors are named as Victoria Noland Carter Egerton and William Luke Le Beward Egerton.

Remember, never believe what you are told no matter how plausible it sounds until you have done your homework. If you require any help in checking any company contact Inside Timeshare and we will point you in the right direction.

Start the Week: A & K Advisory Ltd

Welcome to the start of another week, today we highlight another company that has been “appointed” by the High Court and contacting Eze Group clients with the news that they are due money held by the court going by the name A & K Advisory Limited.

According to our reader, the calls coming from 01422 400223, which is a Halifax number, George Smith and Jill Rutherford can help to get money back for the client, there is only a matter of a processing fee of £725 which needs to be paid first. This is the same amount being asked by the other companies that are making the same calls and claims.

There is a company registered at Company House called A & K Advisory Limited, company number 11120313

With the registered address: 20 Cow Green, Halifax, England, HX1 1HX

The company was registered 20 December 2017 with the director named as Adam Hussain.

These are the other companies we have highlighted:

Money Advice Limited,  Company Registration Number 11796746 with the registered address:

10 Adamson House, Towers Business Park, Didsbury, Manchester, United Kingdom, M20 2YY

Telephone number 061 505 0398

Names of callers supplied are: Mark Spalding, Thomas Jones and Irene Golding.

Claims Assistance Bureau Limited, Company registration Number 06832938

Ty Glen, 1 Brecon Court, William Brown Close, Llantarnam Industrial Park, Cwmbran, NP44 3AB

Tel: 02920099129

Egerton Advisory Limited, Company Number 10286171 and the registered address:

Eighth Floor 6 New Street Square, New Fetter Lane, London, United Kingdom, EC4A 3AQ

With an alternative location address registered as:

Q3 The Square Randalls Way, Leatherhead, Surrey, KT22 7TW

Telephone number 0203 745 2315

The directors are named as: Victoria Noland Carter Egerton and William Luke Le Beward Egerton.

They all have the same pitch, being “appointed/retained” by either Birmingham Crown Court or the High Court in Madrid, which leads us to believe they are the same people or are working together. We also believe that they are either ex-employees of Eze Group or have obtained the customer records of all purchasers from employees.

Remember, no court is going to “appoint or retain” any private or third party company to make contact with potential victims. If as customers your names had come up in any seized documents taken before the courts you would have been contacted by the authorities and asked to give statements. This is just an out and out fraud to get your money.

If you have received a call telling you the same or similar story or even any new name, do not pay any money, use our contact page and let Inside Timeshare know, Inside timeshare will publish as a warning to others.

Kwikchex Update: Press Release from ECC

On Monday 8 April in Start the Week, Inside Timeshare published an article on the RDO and Kwikchex, We then received from Sharon Johnston, Public Relations Manager for ECC the following press release which Inside Timeshare is pleased to publish for them.

ECC Timeshare Truth about RDO & Kwikchex

Inside Timeshare wrote a great article produced by lawyers backing up what ECC have been saying about the supposedly independent advice bodies within the timeshare industry and revealing who is behind these organizations and their “REAL” intentions.

The sad truth is that they all have a hidden agenda:

Consumers are given the impression that Kwikchex, Timeshare Taskforce, Timeshare Business Check offer an independent advisory service but their existence in reality, is to protect the timeshare industry. Kwikchex claim that they work with Trading Standards, the Competition and Markets Office, the Ministry of Justice, the Information Commissioner’s office and the Insolvency Service.

Kwikchex.com is run by Mr. Chris Emmins who confirms that his entities are funded by the RDO.

Inside Timeshare reveal the hard truth that Kwikchex funds several entities to discredit companies that do genuinely try to help beleaguered timeshare owners, Kwikchex, Timeshare Taskforce and Timeshare Business Check, are all run by Chris Emmins.   Inside Timeshare also continue to reveal that Chris Emmins background is not a good one with 17 appointments, all companies being dissolved under his directorship.

Chris Emmins

With the timeshare industry having such a tarnished past is it no wonder consumers do not know who to trust and these organizations are just adding to the problem.

You can also read the full article by Inside Timeshare here  http://insidetimeshare.com/start-the-week-19/

Thankfully, there are a few legitimate companies out there who can help you receive honest legal advice about your timeshare.

You can use our contact us page or speak to us live via our online chat facility.

https://ecc-eu.com/

ECC Newsdesk

Than you Sharon, your press release has certainly shown that the article published was factual and shows the RDO and Kwikchex for what they are, run for the benefit of the industry to the detriment of the consumer.

Tomorrow in Friday’s Letter from America, we will be publishing the article A Legislative Scoreboard – Nevada, Florida and Arizona by our very own Irene Parker, so join us for the end of another week.

The Tuesday Slot

Welcome to our Tuesday Slot, this week Irene Parker explains why she is an advocate. As many of our readers will know, Irene has been coming increasingly under attack by the industry for her role in helping timeshare owners with their “Nightmare on Timeshare Street” stories. This replaces the scheduled article which will be published at a later date.

Two Timeshare Developers Want to Depose Me

I asked why? I’m told they probably want to ask:

What personal benefit do you gain by your efforts?

My answer: A reduction in survivor guilt

By Irene Parker

April 9, 2019

Abraham Lincoln described it best. Abe was riding in a carriage. He asked the driver to stop, got out of the carriage, waded through mud, and pulled a stuck pig out of the mud. When he got back into the carriage his driver told him he was a good person to have waded through mud to help the pig. Abe answered back, “No, I am a selfish person because seeing the pig stuck in the mud made me uncomfortable. Pulling the pig out of the mud made me feel better.”

I was losing sleep over being deposed by two timeshare developers’ attorneys over a lawsuit. I’m told these attorneys are aggressive and lose their cool if you don’t give them the answer they want. Timeshare members communicate with this debt collection law firm. An article was published about the lawsuit a while ago. Inside Timeshare and I were mentioned as supporting the law firm being sued. I reread the article yesterday. It sounds like lawyers quibbling. I asked an attorney why they would want to depose me. He speculated that they might want to ask:

What personal benefit do you get out of your efforts?

MY ANSWER

I compare myself to John Walsh, host of the popular American television show America’s Most Wanted. His four year old son was murdered. A tsunami of grief and horror can turn inward and destroy you. If directed outward, you devote your life to helping victims. A detective said you never get over a homicide.

I have only faced pure evil three times in my life. Many have told me I should write a book. This blog will suffice.

My first encounter with evil occurred at age 24. My first husband Raymond was diagnosed at age 24 with “Wilson’s Disease” (hepatica-lenticular degeneration). His sister died of the disease two months after she married. Ray lost his ability to speak, drooled constantly, teeth rotted, fingers turned to pretzels and bizarre personality changes materialized. He had been a caring EMT, but gradually over three years became dangerous and violent due to the disease process.

In the middle of all this my best friend since third grade, Jayme Simmons, author of her version of I-Ching, called. Her husband John almost killed her, her mom and her two year old. Her mom was left with bite marks on her arm. He was jailed for 30 days. There he told everyone he would murder her when released. My friend was in jail with him. Dental students had a habit of not paying their parking tickets.

Jayme lived with me the last two months of her life before he shot her in the face three times in front of her two year old. I was to testify premeditation, but he switched his plea to guilty. The judge sentenced him to seven years. Seven years. Jayme was a songwriter. The song “I’m not Lisa, my name is Julie” is prophetic because the adoptive family had to get her husband’s permission from jail in order to adopt the child. They changed her name to Julie. This happened in 1974.  Jayme was stunningly beautiful. When Jessi Colter turns her head a certain way, she looks just like Jayme. Jayme asked me to look out for Julie. My eyes are blue.

https://video.search.yahoo.com/search/video?fr=mcsaoffblock&p=I%27m+not+Julie+My+name+is+lisa#id=1&vid=e5a006190234c57bb3b5beb102cf4a9b&action=click

Evil #2 happened after I retired from Edward Jones Hawaii in September 2001. We exchanged our timeshare for a timeshare in northern Michigan. The church we attended was embroiled in a horrific controversy over a renovation. The prior priest had received death threats. It was the new priest’s first Sunday. He began, “I know five priests have refused to come here but I’m not afraid of you.” No one played the piano, so I asked the priest if he wanted me to play as we still had another week’s vacation. Father offered me a full-time job that came with a $500,000 pipe organ renovation. The pipe organ renovation sealed the deal.

Three years later, I noticed a headline in our local paper, “Unholy Childhood School of Jesus” about how Notre Dame Nuns at our sister parish had sexually abused Chippewa and Odawa Indian boys from the 1st to the 7th grades. Long story short, since I filled in at the cathedral on the pipe organ, I knew the Bishop at least to say hi. I arranged a meeting between Tribal Peacemaker Paul Raphael and the Bishop. When I wrote to the Bishop, he replied, “I don’t know how to stop it (Catholic sex abuse in general).”

At first Peacemaker, Paul didn’t want to meet the Bishop. He had not been abused. He had been told to turn around and watch TV. The nuns only abused dark-skinned Indian boys. Peacemaker Paul asked me how meeting the Bishop would help them. I said, “It won’t. But it will help the Bishop and maybe stop a child from being abused.” When I met Peacemaker Paul at the Diocese, I could sense how difficult it was for him to face his evil.

I introduced Peacemaker Paul to the Bishop. I held their hands and I prayed to Jesus, Mary, Joseph and Tecumseh. I left them and waited outside with my husband. Don said if it only takes a few minutes, this didn’t work. They talked for over an hour. When Peacemaker Paul left us, it was the first time I saw him smile.

The end result was the Bishop issued a formal apology in the local newspaper. This meant a lot to the tribe. When I first asked about this horror, one priest I worked for said, “There’s no bonafide evidence to prove that happened.” This will sound familiar to timeshare victims, especially in Florida and Nevada.  

The four-part articles about the abuse were published in 2008.

https://www.northernexpress.com/news/feature/article-3760-unholy-childhood/

I was introduced to Whistleblowers of America over a year ago. A veteran I helped introduced me to the organization. Last summer I attended the Whistleblower Summit in Washington D.C.  This summer I have been invited to be a panel participant. I will explain the advocacy “bug” one catches when a troubled life you touch turns calm and I will explain how fighting predators, whether child abuse or timeshare, is similar. I met OpEd News at the summit:

https://www.opednews.com/articles/Catholic-Predators-Compare-by-Irene-Parker-Predator-180901-986.html

The Unholy Child School of Jesus experience led me to become a Court Appointed Special Advocate (CASA) volunteer. I raised enough money through car shows and with the help of a grant writer, to work two years to develop and launch Fostering Futures, a program to assist teens ageing out of foster care.

Evil #3 is predatory timeshare sales. There are timeshare sales agents intentionally harming the young and the elderly. Perpetrators can earn top dollar, sometimes over $2 million a year. I have many horror stories. Leo Gomez last words to me before he died of pancreatic cancer were, “I want my story told.”

I have been described by one timeshare developer to Attorneys General and the Better Business Bureau: “It appears they talked to Irene Parker, a third party, not a lawyer, not a professional journalist, a self-styled “advocate” helping her “clients.” It is of note that the member changed their story after talking to her. She purports to get people out of their legally binding contracts.”

What I do is direct a member like Leo Gomez to file complaints with regulatory agencies if the member describes unfair and deceptive sales practices.

Yes, Leo changed his story after talking to me. I bought the same points Leo purchased. It was not necessary for Leo to give up his points to switch from one program to another. Leo didn’t know he had been duped until he talked to me.

I first told Leo I did not hear anything deceptive, but when he told me he only had 30 days left to live, I was concerned. Leo was 100% disabled due to Agent Orange. He earned two Purple Hearts and was the sweetest man ever. I went to sleep that night but woke with one of my timeshare moments. I asked myself, “Why did Leo switch programs??”  I called Leo the next morning and asked. He said, “They said I had to because my resort went bankrupt.” My next question, “Leo, did the sales agent know you have pancreatic cancer when he told you this?” Leo answered yes. Leo was a victim of financial elder abuse. Leo is one of 102 veterans and active duty service members to report timeshare fraud.

https://www.opednews.com/articles/A-Fourth-Agent-Orange-Vete-by-Irene-Parker-Fraud-180917-513.html

As a result of Jayme’s murder, I was hospitalized three times between the ages of 24 to 28 for symptoms relating to PTSD. My undergraduate degree was financed by Vocational Rehabilitation. I credit my husband with saving my life. I understand why soldiers suffering from PTSD, survivor’s guilt, commit suicide.

I also helped a family who purchased from the developer who wants to depose me. Mom had given birth to a blue baby. The baby had to have open heart surgery in her first week of life and then a second surgery. The timeshare sales agent told the mom when she bought the timeshare that it would be easy to sell. Mom submitted an article about their financial hardship. She sent me pictures of the baby with a smile that broke my heart, the baby smiling with oxygen tubes in her nose.

The parents were stressed beyond words and worried about timeshare foreclosure. I sent a draft of the article to the timeshare company’s media department for comment. They resolved the complaint. The article was scrapped.

I did not remember the mom’s name or the baby’s name. I remembered the media contact’s name because he asked for an additional week to respond due to damage sustained from hurricane Maria. I said two weeks was fine. Right before the article was to be published mom called and said they had resolved their dispute. I recently found mom’s Facebook page and there was the baby. Beautiful and strong, sitting in a flower garden looking at what could be a butterfly, with that same smile.

That’s why I do this. I take calls from timeshare members desperate, angry and confused. When I tell them how to proceed with regulatory complaints, if they are dismissed with “You signed a contract” or “We are not responsible for what our sales agents say,” they become empowered.  

I hope this answers the questions two developers are likely to ask me, “What personal benefit do you gain from your efforts?”

I doubt the lawyers will understand or accept this answer. It’s the truth. I don’t think those so motivated by greed will be able to understand.

Self-help groups we feel are not industry influenced:

We seek to provide timeshare members with a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market, and to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you, Irene, for all the great work you do for timeshare owners, Inside Timeshare knows that you get a tremendous amount of support from our readers and the members of the facebook groups you have helped to get started. Keep up the good work and let the industry be damned.

Friday’s Letter from America

Welcome to another Letter from America, This week Irene Parker writes about Americano Beach Resort and the lawsuit that has been filed regarding Foreclosure Proceedings, but first a quick warning to our European readers.

Another warning is being issued to those clients of Eze Group, a new firm has just emerged contacting consumers stating they have been appointed by the court to manage the return of money paid to Eze Group.

This company name is Egerton Advisory Limited, Company Number 10286171 and the registered address:

Eighth Floor 6 New Street Square, New Fetter Lane, London, United Kingdom, EC4A 3AQ

With an alternative location address registered as:

Q3 The Square Randalls Way, Leatherhead, Surrey, KT22 7TW

The directors are named as:

Victoria Noland Carter Egerton and William Luke Le Beward Egerton, both registered the New Street Square address.

The company was incorporated on 19 July 2016, but the filing history shows very little information or filing of any accounts.

As we have stated before, the courts do not appoint private companies or third parties to manage any payouts. No money has been awarded by Birmingham Crown Court to consumers of Eze Group, the O’Reilly‘s are now subject to investigation under The Proceeds of Crime Act, which will take some time to complete.

Along with Money Advice Limited, Claims Assistance Bureau Limited, Egerton Advisory Limited are fraudulent companies, if you are contacted by them or any other company with a similar story then let Inside Timeshare know and file a report to Action Fraud.

https://www.actionfraud.police.uk/

Now for this weeks Letter from America.

A Class Action Lawsuit was Filed against ARC Daytona Americano Beach Resort Contesting Real Property Foreclosure Proceedings are being Illegally Applied to Foreclose on Personal Property  

By Irene Parker

March 29, 2019

DC Capital Law, LLP filed a class action lawsuit on November 6, 2018, against ARC Americano, LLC and Americano Beach Lodge Resort Condominium Association on behalf of plaintiffs Gerald J Sohasky and Norma J. Sohasky in the Florida Circuit Court of the Seventh Judicial Circuit Volusia Civil Division.

According to the lawsuit, plaintiffs Gerald and Norma Sohasky allege illegal practices that violate the Florida Consumer Collection Practices Act and the Florida Vacation Plan and Timeshare Act by threatening foreclosure on a piece of personal property and threatening to charge up to 40% of amounts owed in collections, where the original contract or law does not authorize charging such collection fee. The ARC lawsuit contends “Floating Week” debt is consumer debt, incurred primarily for personal, household or family use.

Having read or listened to complaints from 746 timeshare members and owners, I am astonished by the level of stress caused by what is supposed to be a stress reducing product.  

Comment sent to Inside Timeshare

My parents bought into the Americano in the 90’s. Fast forward to 2017 – my 70 something year old mother, now a widow, had to pay for a service we hadn’t used in ages.

They (Americano) HOUNDED MY MOM about switching to the freedom 365 plan. She was a 13 year widow on a very fixed income and somehow we were pushed into signing for a new plan that would offer us huge hotel discounts and she would be able to stop paying after 5 years.

My mom is going broke!  Sara

My husband and I purchased an Ozark timeshare in 1985. A St. Louis native, we enjoyed years of vacations, but after moving to Florida we no longer desired to vacation in the Ozarks. I contacted the resort and talked to the manager I had gotten to know over the years. “Yeah, we had a board meeting and decided we can’t expect loyal owners who faithfully paid maintenance fees for thirty years, now older, to be held hostage,” she said. A few days later I received a one page form to be notarized, sent it back and that was that. We paid $8,000 for the timeshare in 1985. I had no regrets getting nothing in return as we had used the timeshare for many years. Like Sara’s mom, and many in my age bracket, we are losing hips, knees, eyesight and spouses. The thought of going to the Ozarks alone, should something happen to my spouse, is depressing.

Americano is demanding owners, many who have owned at Americano for decades, spend an additional $5,000 to $6,000 to join a Freedom 365 Travel Club in order to be released from their deeded weeks. Making this mandatory for seniors seems unfair. Granted, the resort is in need of funds as Americano is the only Daytona resort still not opened after suffering hurricane damage, but other developers now have voluntary surrender programs for members in good standing. There may be a fee, but the fee is less than $1,000. Don’t forget that we were all told we were buying real estate so no problem selling the timeshare should we need to dispose of it. In a statement made by ARC’s law firm, they assert they will work with owners to find appropriate alternatives but typically for seniors, a Travel Club is the last thing needed. I’m looking at long term care plans.

The issues related to property damage are complicated. When Americano owners contact me, I explain that if they bought a primary residence condo, and the condo is rendered uninhabitable, the assessment fees don’t stop. It would be difficult to sell an uninhabitable condo. I understand ARC’s argument from this perspective.

Due to pending litigation, ARC’s response is from their attorneys. I have found others at Americano willing to listen and weigh in consideration; the harm timeshare exit in general is causing especially seniors. Let’s hope continued dialog will result in some form of relief for angry and frustrated owners.

Below is the response we received from ARC’s attorneys. Contrary to the attorney’s response, this article will not be disseminated to some of the Americano owners. Some Americano owners do read and share our articles. We sent a draft of today’s article to ARC to give ARC an opportunity to correct any inaccuracies, which they corrected. Inside Timeshare is published from Spain. Following ARC comments, are arguments presented by the plaintiffs’ attorney taken from the lawsuit complaint. A legal expert weighs in. Plaintiffs’ attorneys did not respond.

Response from ARC’s attorneys submitted by ARC President Scott MacGregor:

This information is given to correct inaccuracies to be contained in a publication that will be disseminated to some of the owners.  Americano is a Legacy resort that was severely damaged due to the recent back to back hurricanes, 2016 Hurricane Matthew and 2017 Hurricane Irma. There was one Special Assessment for $4,348,109, not $15 million, which will correct the incorrect reference in the article. The Association continues to seek insurance from its carriers, but had to pursue litigation to address the claims. The Developer is seeking financing and other options for the remaining restoration of the Resort estimated to be $15 million plus. However, it is imperative that all owners pay the maintenance fees, taxes and assessments as required under the Declaration and Florida law. It is fundamentally unfair to the paying owners for other owners not to pay to operate and restore the resort.

The Association is faced with vigorously defending any lawsuit against the Association, which litigation will only increase fees and costs to all owners, as required under Florida law, at the Resort. While our trial legal counsel has stated that no comment should be made at this time concerning any lawsuits, the Americano Beach Lodge Resort is a real property timeshare under Florida law and actions taken are authorized and required under the Declaration and Florida law.

The Developer and Association continue to try to work with each owner to find appropriate alternatives as discussed before. Owners are encouraged to seek ownership and payment options through the Association and Developer.  Lawsuits against the Association will not only increase maintenance fees and assessments for all of the owners due to legal and professional fee expenses, but also may leave those owners with potentially expensive legal bills in addition to their ongoing obligations to the Association. We believe it is much better to work together to resolve the issues that everyone is facing rather than unnecessarily expend owner and Association funds and resources that are needed to restore the Resort, for court expenses.

More from Sara:

They used scare tactics to convince my mom that I would be responsible for the timeshare in the event of her passing, and my children would be responsible after I passed. I have learned this is not true.

The Freedom 365 plan supposedly offered us huge hotel discounts and would allow my mom to stop paying after five years.  We attempted to use the Freedom 365 plan. The first two times we used it we did get a good discount on hotel rooms, but after that the deep discount was no longer available. We got a good rate the first time at $93 for a Hyatt room, but when we later tried to book the same week of the year the price was $100 more, about $170 plus tax. I called and asked why it was so much more. They stated they could price match if we got a better price on another website. What good is that? You don’t have to pay any kind of upfront money, financed by a loan, to book a hotel room using an online service. We were promised the best deals. We were promised so much and at what cost? My mom is going broke! The amount financed was $6,000.

Following are allegations made in the lawsuit

Is a “Floating Week” timeshare real estate or personal property?

If the timeshare is defined as personal property, the lawsuit claims foreclosure rights do not legally exist and are in violation of the Florida Timeshare Act.

I’ve had many discussions about timeshare foreclosure questioning whether a timeshare really is real property. I found the requirements governing real vs personal property foreclosure in Texas helpful:

Comparison of Texas Foreclosure Procedures for Real property and Personal Property

Real property and personal property foreclosures are dramatically different. Real property foreclosures are conducted on the first Tuesday of each month between the hours of 10:00 a.m. and 4:00 p.m. at the courthouse door in the county in which the real property is located, with a notice posted at the courthouse door, personal notice to the debtor, and filing of the notice with the county clerk, all 21 days before the foreclosure sale. These requirements are defined by § 52.001 of the Property Code and are unique to Texas law. Personal property foreclosures are conducted under § 9.504 of the Texas Business and Commerce Code, which generally requires a commercially reasonable sale. The requirements of Article Nine of the Texas Business and Commerce Code are followed, with some minor variations, by all states except Louisiana.

According to the ARC lawsuit, plaintiffs purchased only the ability to make a reservation rather than ownership in real property. In the “Floating (or flex use) periods and The Timeshare Plan article of the Declaration, the Declaration makes it very clear that the Warranty deed of an “owner” who switched  to Floating time to become a member of a “Right to Use” program renders the deed worthless and provides none of the requisite rights associated with real property.

I asked an expert, as argued in the lawsuit, if switching from a “Fixed Week” to “Floating Week” would render the “Fixed Week” deed worthless.

Purchasers still own that deeded week and it can be found in land records. The purchaser simply surrendered their right to occupy that week and the use rights that went with it in exchange for a floating week use right. Their interest, however, is tethered to an actual real property ownership (even if they cannot legally possess it). If they sold their interest, they would be selling the deeded week they bought which would include the surrender and exchange agreement for a floating week. By the same token, if they are foreclosed upon for non-payment, it would be the deeded week that would be foreclosed and the agreements tied to it (i.e., the floating week right) would be rendered null and void.

As an analogy, let’s say you join a car-sharing group where everyone in the group can use whatever car is available using a reservation system. In order to get into the group, however, you are required to purchase a car to add to the fleet. You don’t buy the car outright; you finance it through the group such that your monthly dues are part car payment and part fees. Even though you hold title to one car in the fleet, you have no more right to use that car than anyone else in the group. If you fall behind in your monthly dues, you will lose your car-sharing membership (i.e., the use rights you bargained for), and the car that you added to the fleet (i.e., the tangible property you hold title to but surrendered possessory interest in) will be repossessed by the group.

Note from Inside Timeshare: Spanish Timeshare Law prohibits Floating Weeks and Points as there is no tangible product and they lack any substance.

My unnamed source is not saying the lawsuit is without merit, in that they feel the underlying real property is illusory, but they feel it may be a tough argument to win.  

Related articles:

Timeshare Foreclosure Explained to Lenders     

What happens if I stop paying my maintenance fees? Timeshare attorney Mike Finn answers the question in this article:

Proprietors behind Americano are ARC American Resort Collection

www.arcresorts.com/about-arc/

Self-help groups we feel are not industry influenced.

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

https://tug2.com/Home.aspx

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

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

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

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

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

Thank you Irene, next week in the Tuesday Slot we welcome Mike Kosor with his response to the Wyndham Sr VP Jason Gamel and his testimony to the Florida HB 435 workshop.

Join us again next week and have a great weekend.

Start the Week: O’Reilly’s Sentenced and Others Under Investigation

Welcome to the start of another week with Inside Timeshare, today we review last weeks news from Birmingham Crown Court with the sentencing of Dominic O’Reilly and Stephanie O’Reilly of Eze Group. We also look at other people and companies who are also under investigation and may just be finding themselves in court.

On Thursday 21 March at Birmingham Crown Court, Judge Laurence Creed passed the following sentences.

Dominic O’Reilly, jailed for 2 years 4 months, disqualified from directorships for 9 years.

Stephanie O’Reilly, 9 months suspended for 2 years, 18 months suspended for 2 years plus, disqualified for 6 years.

Dominic & Stephanie O’Reilly (Birmingham Mail)

Inside Timeshare has received a transcript by a court reporter, which although it is not verified, it does match reports published in the press.

In the Prosecution opening statement, it was asked that the judge consider monetary harm, this was extremely high according to the prosecution, with 36 complaints, 90 in process and 45 further complaints pending.

The prosecution also explained the emotional impact, consumers were told they had no cancellation rights along with aggressive sales tactics. It was also mentioned that the defendants were told to stop these tactics including the institution of cancellation rights, but these did continue even after Trading Standards began investigations.

In mitigation, the defence for Mr O’Reilly asked for the sentence to be suspended as he did plead guilty at an early stage. He also told the court that Mr O’Reilly is now 54, in ill health and in need of a heart operation.

The fact that one elderly couple aged 68 and 69, one who had recently had a stroke, the other had diabetes including an attack during the meeting, were made to transfer money before being allowed to leave, does make the above mitigation plea a complete joke.

Miss O’Reilly’s defence used her being the mother of a 1-year-old baby which is breastfed and she is now 11 weeks pregnant. Also, she has no support structure in the UK, as her parents live in Tenerife, that her partner would have to give up his job to look after the baby if she was jailed.

In all, the 36 complaints totalled £425,000 of which only £3,813 was ever refunded, Trading Standards found another 100 complaints totalling £1.3 million. In all the company made by 2017 around £3.375 million.

Much of this money was transferred to the Tenerife company Regency Shores SL when the customers believed it was being paid to Eze Europe Ltd.

The judge also highlighted several clients, that were sent threatening letters for payments when the client wanted to cancel. One client had to call their daughter to help pay, then chased with a letter before action.

The client cases in this trial are only the tip of the proverbial iceberg, there are hundreds more, unfortunately, many of these are now subject to scams due to this trail. Cold calls from companies stating they are working with or have been appointed by the courts to help them get money back which the courts are holding. As we have said before this is not true.

The O’Reilly’s are now being investigated under the Proceeds of Crime Act, The authorities have to power to seize accounts and assets such as houses and cars if it is deemed they are from the proceeds of crime. The problem now is can they link it, where is the money, are any properties in their names, or are they in his wifes or her partner’s names. If so can it be proven the money used was from the O’Reilly’s in the first place?

We can only wait and see.

If you have been a client and receive any calls regarding money being held for you, then contact Inside Timeshare. We will then explain where you stand and if you are able to get anything back.

Link to the Birmingham Mail

https://www.birminghammail.co.uk/news/midlands-news/timeshare-boss-dominic-oreilly-jailed-16010172?fbclid=IwAR1HB-9OyDuv4d5Xytwk0mjX7ZmeIWIWJNGMZqUibWaE7fKXa0nR__dbnH0

Another investigation is also being conducted into several Mark Rowe companies, by the Regional Organised Crime Unit of Avon and Somerset Police, along with the authorities in Tenerife.

Mark Rowe

This investigation is very similar in nature to the one into Eze Group, it is still underway and no new or further information is yet available. But no doubt we may see a case in the courts in the near future.

Over the past few months Inside Timeshare has also been following several other names, Ali Farhoud, Alex Farhoud and Lee Burton, all linked to Silverpoint.

Ali Farhoud

In the case of the Farhouds and their company Nordic Consulting Canary Islands SL, they now entice their old Silverpoint clients with legal action against their one-time employer Silverpoint. See the links below for further information.

We have from very reliable sources been informed that criminal denuncias have been made to the Spanish authorities against all three. Many of these by their very own clients.

Although we know that these investigations take time, especially when new complaints are likely, one thing is certain, the authorities always get them in the end.

As and when new information comes in, it will be published on these pages.

If you require any further information or have had dealings with any of the companies mentioned, then use our contact page and let us know. Inside Timeshare will get back to you and point you in the right direction.

As usual, a word of warning, before you deal with any company that contacts you or you have found on the internet or from an advert, do your homework. If you are not sure then contact Inside Timeshare.

The Tuesday Slot: More on Florida House Bill 435

Welcome to the Tuesday Slot, we continue this week with more on the Florida House Bill 435 Workshop held in 12 March, once again written by Irene Parker who attended.

As usual before publication we have sent the article to Wyndham and ARDA for comment, but as always these tend to be ignored. As a matter of course we always send the proposed article as we welcome comments from the industry, as it furthers debate and it can accomplish our goals of consumer protection.

Without this debate nothing will ever be achieved and the consumer will forever be at the mercy of the industry. In this respect the lack of response only says one thing, for that we let you the reader decide what it is!

More on the Florida House Bill 435 Workshop held March 12

In response to ARDA ROC and Wyndham’s testimony:

How Timeshare Sales Agents can Dodge a Rescission Period

Why Reading the Timeshare Contract does not Always Help

Why the Delay in Reporting Fraud

By Irene Parker

March 19, 2019

The Florida HB 435 Workshop held March 12 in Tallahassee:

At the Florida HB 435 workshop held in Tallahassee March 12, Victoria Butler, from the Florida Attorney General’s Department of Consumer Protection, reported a figure of 1,500 to 1,600 timeshare complaints in 2017 and 2018, with about 50% involving senior citizens. She said the majority of complaints were in regard to the initial sales presentation. There have been 700 complaints filed so far in 2019. Ms. Butler stated that the Florida timeshare division engaged only 42 complaints, the majority concerning resale.

This fits with our members reporting that all timeshare complaints submitted to Florida’s http://Department of Business & Professional Regulation (DBPR) were met with “Verbal representations are difficult to prove.” This lack of enforcement gives a green light to perpetrators, knowing their company will dismiss complaints with, “You signed a contract,” echoed by DBPR’s response, “Verbal representations are hard to prove.”

Platinum timeshare member Sheilah Brust, who designed our Timeshare Regret T-Shirt pictured above, and other Platinum members, are organizing a protest in May in Orlando, astonished at the figures reported by Florida’s timeshare division. The oral representation sentence in the timeshare contract stating, “I did not rely on oral representations to make my purchase,” buried in an 80+ page contract, gets a workout. Our goal is to alert the public that they should not believe a word a timeshare sales agent says, which is not fair to timeshare agents selling the product honestly.

Inside Timeshare has heard from 735 families. Of the 735, 100 are veterans and active duty service members. Over 200 of our readers have sent complaints to the timeshare lobby and PAC ARDA ROC. ARDA ROC does not mediate complaints, but they have a Code of Ethics. All complaints sent to ARDA ROC but one were ignored. ARDA ROC responded to one complaint, “This has been resolved,” even before the member, with a top security clearance, had heard from the company. The CEO of the company sits on ARDA’s board.  An active duty service member or a defense department worker can lose their security clearance, their job and their career over a timeshare foreclosure. ARDA ROC purports to be the voice of timeshare members.    

On Saturday, March 16, I heard from Platinum member #74, told that by purchasing additional points, they would be able to sell or rent points to offset rising maintenance fees, now over $10,000 per year. A 126 page summary report I prepared of reader complaints, shows a pattern and volume of complaints, often the sales agent a repeat offender. All the Platinum members report being told of maintenance fee relief programs that do not exist or a program allowing the member to sell points, if they purchased additional points.      

Platinum report submitted by Andrea K, Platinum member #74:

Our family has been emotionally and financially devastated because of the last timeshare points purchased. By 2016 or 2017 our maintenance fees had increased. The sales agents said we were the only deeded owners left and that is why they said our maintenance fees were so high. They said they were not sure if it was too late, but they could try to get us converted to points.

In 2017 we went to Hawaii. We purchased $55,000 worth of more points. They said if we purchased Hawaii points, we could easier sell because Hawaii is so popular. He showed me a magazine listing Hawaii timeshares for sale. I still have the magazine. He also said if I have this many points I can rent, especially in January to pay for the maintenance fees. We have learned our timeshare company does not allow us to rent using the internet, and that their points are worthless on resale.  

In 2018 we stayed at Tahoe in California but purchased in Nevada. In Tahoe they said because we had not purchased at our last stay, we lost our $3 price so that we would have to pay $9 per point if we did not buy additional points that day. He said our price lock was lost, but when he checked our records, he said for some reason the $3 was still there. He said I needed to sign a paper to remove the $3 price and in the future I would have to buy points at $9. He should have told us our timeshare points are worthless on resale. These presentations have taken 6 to 8 hours, despite being told they would only be for 90 minutes.

As years have gone by, we have learned that things we were told are either exaggerated or not true.  Many of the reimbursements promised did not yield what they had said they would yield.

Twenty of the 74 Platinum complaints were lodged against the same sales agent over a two year period. According to a lawsuit the agent has filed against the company, he said he was instructed to create reasons why existing members needed to buy additional points. He reported earning over $1 million in 2015 selling timeshare points, $2.4 million in 2016 and $2.4 million in 2017, before being terminated. His replacements are generating similar to identical complaints.

Mr. Ken McKelvey, ARDA ROC Chairperson, questioned why timeshare buyers wait so long to report deception. Mr Jason Gamel, Wyndham Sr. VP, Legal said exit companies are not needed because Wyndham has a hardship department to address members struggling with high interest rate timeshare loans. Both spokespersons said the rescission period provides enough time to review a contract and rescind. Our reader complaints address these objections:

How timeshare sales agents and timeshare companies can easily dodge the rescission period:

  • The buyer is told, “This is a new program, so don’t say anything to quality assurance because I could get fired.”
  • The buyer is told, “This program will be available after January 1.”
  • The buyer is not allowed onto the booking site until after the rescission period. Several buyers report being told airfare is included when booking. It’s not until they attempt to book they learn this is Blarney.
  • The buyer reports being told loans will be consolidated, but then the loan is not consolidated. The buyer does not learn this until the next loan payment, after the rescission period.
  • The buyer is told to wait a few months before refinancing.

Why reading the contract does not always help:

  • Buyers are shown a booklet of resorts, but the buyer is not allowed onto the booking site until after the rescission period. Actual availability cannot be determined by reading the contract.
  • My contract stated, “You can sell points, we will not assist you.” It left out the part about licensed timeshare brokers will not accept a listing for my timeshare points.

Why there is a delay in reporting fraud:

  • The reason that it may be several years before fraud is reported is because a negative life event triggers the need to sell. It is not until that trigger occurs that the buyer, who was sold on the promise that the timeshare is like real estate, easily sold, learns their timeshare is worthless.
  • It is not until a tax preparer, attorney, or grown child of elderly parents discovers predatory actions, such as the retired Navy veteran, living on a letter carrier’s pension, up-sold to $2,700 a month in timeshare loan payments. There have been numerous complaints involving Alzheimer diagnosed buyers.

We are hoping Marine veteran James Sherwood fell through the cracks at Wyndham, and that Wyndham will reach out to Mr. Sherwood. Mr. Sherwood’s wife broke both hips three years ago and has had a total hip replacement. He is disabled. Neither can travel. Wyndham would not accept that Mr. Sherwood was disabled. They demanded proof he could not travel. The VA provided a letter stating Mr. Sherwood could not travel. This was not sufficient. Mr. Sherwood felt it was an invasion of privacy to demand all medical and financial records, especially since he was told when he purchased the timeshare, that the transaction was a real estate transaction and could easily be sold. http://insidetimeshare.com/http-insidetimeshare-com-p5114/

Timeshare members are deeply grateful to Florida lawmakers, who echoed some of their negative timeshare experiences during the Florida HB 435 workshop. For the first time in memory, lawmakers’ voices talked back to the timeshare industry and to industry lobbyists. A timeshare consumer protection Arizona HB 2639 bill is currently being debated, strongly opposed by ARDA. The Arizona Attorney General’s office received 400 complaints against just one company. After a press release announcing an investigation a few years ago, they received an additional 500 complaints, according to members who spoke with the Arizona AG’s office.  

The question I am most frequently asked:  “How do they sleep at night?”

My answer, “Bernie Madoff had no trouble sleeping at night.”

The comment I hear most frequently, “I feel so stupid.”

I answer that the following have reached out to us describing unfair and deceptive sales practices, in addition to the vulnerable:

  • Three PhD economic and criminal justice professors
  • A Florida detective who worked economic crimes undercover
  • A Consolidated Edison contract specialist
  • Lawyers and mortgage brokers

Can it be, after all this time, the consumer’s voice is being heard?

Contact Inside Timeshare or one of these self-help groups if you need help:

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene and all our advocates for all the hard work you put in on behalf of the consumer, without you there would be nowhere for them to turn.

If you have any comments or views on this or any other article published on Inside Timeshare, use our contact page, we would love to hear from you.

The Tuesday Slot: Secret Shopper Report

Welcome to The Tuesday Slot, this week we welcome back Laurie Sabbagh with her second Secret Shopper Report, this was edited by the Secret Shopper Coordinator Pete Gibbs, with the introduction by Irene Parker. But first some Breaking News from the Spanish Supreme Court in Madrid.

British clients being represented by lawyers from Canarian Legal Alliance has just received the news that the Supreme Court have found in their favour against Club La Costa Leisure Limited. Initially their case was heard at the Court of First Instance in Fuengirola, Malaga, unfortunately this court found in favour of Club La Costa.

The CLA lawyers promptly lodged an appeal with the High Court of Malaga, this court overturned the First Instance verdict, finding in favour of the clients. Club La Costa launched an appeal with the Spanish Supreme Court in Madrid.

The Supreme Court rejected the case and the verdict of the Malaga High Court stood firm. The contract was declared null and void with the client being awarded over 28,000€ plus legal fees and legal interest.

This is a significant case as the offending company was Club La Costa Leisure Limited, a UK registered entity. This may just bode well for other similar contracts, more news on this legal aspect as and when we receive it.

The Team at Canarian Legal Alliance

Now for our Secret Shopper Report.

My Secret Shopper Report

By Laurie Sabbagh

Edited by Secret Shopper Coordinator Pete Gibbes

March 12, 2019

Introduction by Irene Parker

Inside Timeshare has received many complaints from timeshare members told they need to switch to a different program within the same company because they should not have purchased what their last sales agent sold them. In other words, sales agents within the same company sell against each other.

Heartbreaking is the experience of Navy veteran Roy Simmons and his wife Lillian Simmons. A retired letter carrier, living on a letter carrier’s pension, he ended up switching back and forth between programs until he reached $2,700 a month in Diamond Resorts loan payments. The foreclosure process took a tremendous physical and emotional toll on the family. They sought legal advice from a bankruptcy attorney as Mr. Simmons felt he had no choice but to charge loan payments to credit cards. Roy and daughter Angela’s YouTube explains how this happened. In her research Angela discovered the FBI website, which is why she expresses her opinion that her mom and dad’s allegations meet the FBI definition of white-collar crime. Roy and Angela’s February 26, 2018 YouTube:

Roy and Lillian Simmons, ages 69 and 70, Minnesota residents published March 6, 2018

Arizona representatives proposed House Bill 2639 offering protections for timeshare consumers. My experience over the last three years, reading emailed complaints and listening to 730 families report unfair and deceptive timeshare sales practices, has left no doubt in my mind as to the need for protection. I wrote an article, “Timeshare Foreclosure Explained to Lenders.” that foreclosed members can provide to future lenders. The article offers support to my assertion, listing just some of the Attorneys General investigations and settlements and lawsuits. http://insidetimeshare.com/the-tuesday-slot-18/

Bill sponsor Representative Shawnna Bolick and others who supported Arizona HB 2639, thank you. The timeshare lobby ARDA opposed the bill.   

Laurie Sabbagh’s Secret Shopper Report

I can’t believe it has been two years since my first Secret Shopper report was published March 17, 2017. I attended an update this month in Arizona thinking it had gone well until I was informed that the need to switch from my current Hawaii program to the US mainland program was likely proposed under false pretenses, based on the opinion of an ocean engineer. I want to state at the outset that I enjoy my Diamond points, find good value and absolutely love Sedona. As they say, God created the Grand Canyon but He lives in Sedona.

My first Secret Shopper report:  http://insidetimeshare.com/friday-review-news-across-ocean/

Diamond sales agent Paul said that he had worked in the industry for 22 years and had previously sold timeshares in Las Vegas. Paul and a second sales agent, Justin, asked me about the Hawaii special assessment I paid for the Point at Poipu water intrusion damage, which all right-to-use point owners and deeded week owners were assessed after Diamond bought out Sunterra. I told them that my portion of the assessment was much smaller than those of deeded week owners, who ended up being assessed about $5,800 per week owned.

Later Paul tried to convince me that the beach erosion problem at Ka’anapali Beach Club (one of four resorts part of Diamond’s Hawaii Collection), is putting me at risk for another special assessment. Paul further told me that if I were to switch to the US Collection, I would never be charged a special assessment because the US Collection is part of a trust. He insisted that this provision is in writing, but I was not provided documents to backup that claim.

One of our member-sponsored Diamond Advocacy Facebook members is an ocean engineer. He explained why beach erosion is not the responsibility of a resort, but the responsibility of the state or federal government. In a RedWeek post, a Diamond member had been advised to switch due to a 2020 special assessment:

My suggestion would be to ask Diamond for documentation to support the additional charges. For instance, it is reasonable to ask if the funding is for future flood protection that might be afforded by a beach nourishment project. If the assessment is intended for a beach nourishment project, it is likely that arrangements are in place for cost sharing between local stakeholders and government entities.  The cost and scope of government efforts are a matter of public record, and learning the particulars is typically as easy as calling the project managers.

In addition, 2020 is too far out to predict with any sort of fidelity. Concrete financial planning numbers at this stage are unlikely. I have not heard of a federal project in Hawaii. It could be state, but most major beach nourishment projects are underwritten in part by the federal government. I have not heard of a state paying for damages from a flood.  The member needs to know what the assessment is for, in more detail than just beach erosion. Is it for protection or for damage that has already occurred? One is flood damage expense, the other is flood protection afforded by beach nourishment projects.

Justin told me that Diamond bought out Sunterra but I was still an owner of Sunterra points. Justin said that I could apply my equity in Sunterra to the purchase price of 6,500 additional US Collection points to get me to the Silver level and bring the price per point of $9.33 to about $4 per point. We went back and forth. The last offer was for 2,000 points for $5 per point. I declined.

Later Quality Assurance representative Mark told me he used to be with Sunterra until Diamond bought them out, and my Sunterra points were automatically converted to Diamond’s “The Club” points, so I was indeed a Diamond member. This contradicted what Justin told me.

Mark offered me 20,000 points to be used within 24 months at $3,995. He said this offer is only valid to Diamond members. First, I thought it odd a Quality Assurance person was trying to sell me points, and second, the Sampler is a trial product, so available to anyone.

As I said in the beginning, I use and enjoy my Diamond points. I stayed a week at the Celebrity House in Sedona, two bedrooms, two baths, full kitchen, using “Point Saver” at 8,250 points. With all expenses considered, it averaged $260 per day. Best Western in Sedona during the same period was $300 per night for a standard room so this ended up being a huge bargain for me.

I am disappointed that the pressure to sell points is so great that agents feel forced to misrepresent. I feel Diamond has a product, and when sold properly, members benefit. It must be the pressure to produce sales that prompts sales agents to mislead in order to make a sale, but that is just my opinion.

We appreciate Laurie’s second Secret Shopper report.

Timeshare is a product in which the sales agents demand the buyer buy the same day, even though most have no intention of buying the product prior to the day of purchase. Unlike buying a car, there is little frame of reference, especially for first time buyers. Buyers usually sign a perpetual product without even having had a chance to use the product, except to stay at a resort property. Numerous members have reported not being allowed onto the booking site until after the rescission period has expired.

Learn to ask the right questions. Unfortunately, it’s advisable to not believe a word a timeshare sales agent says, based on my experience and the experience of many.

These are self-help groups we feel are not industry influenced. Social Media is here to stay, so consumers can now share experiences. Contact Inside Timeshare if you would like to share your timeshare experience, good or bad.

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you to Laurie, Pete and Irene for your efforts with this weeks article, we certainly look forward to more Secret Shopper Reports.

The breaking news today from the Spanish Supreme Court was very welcome news indeed, what a start to the day.

If you have been contacted by any company or found one on the internet or advert and want to know if they are genuine, use our contact page and we will help you find out.

Do you feel that you were mis-sold your timeshare in Spain and would like to know if you have a claim, then contact Inside Timeshare, we will check to see if you have a valid and viable case and point you in the right direction. This service is done free of charge and under no obligation.

Friday’s Letter from America

Welcome to our weekly Letter from America, this week we have another “Nightmare on Timeshare Street” from yet another veteran, this now makes 99 who have been in touch with us. In this article the Sherwood Family tell their story of their dealings with Wyndham. But first the latest from Europe.

At the Court of First Instance N1 in Barcelona, Case Number 362/2017, lawyers from Canarian Legal Alliance, presented a case against Club Estela Dorada SL, Restotel SA, Medhotel Group SL  and Clubotel La Dorada SL, which is part of the ONA Group, based in Barcelona.

The breach of the timeshare laws were the contract was in excess of the 50 years laid down by law, what is commonly known as perpetuity, plus the illegal taking of deposits within the 14 day cooling off period. It seems that the companies involved tried to bypass Spanish law through the Tax Haven of Andorra, but the paperwork did show that a Spanish registered entity was involved, which put the case directly under the jurisdiction of the Spanish Courts.

Andorra itself is an independent principality situated between France and Spain in the Pyrenees mountains, it is mostly known for its skiing and being one of Europe’s main Tax havens.

Click on the link below to open the court document or click to download.

The client has now had their contract declared null and void, and will receive the following:

  1. Purchase price          70,778.07€
  2. Deposit paid              32,973.00€
  3. Maintenance fee         8,973.24€ (this is approximate as the final amount has yet to be determined)

This is a total of 112,724.31€ (approx).

The lawyer in this case was Judith Diaz Pascual, another of the young and dynamic CLA team.

Judith Diaz Pasqual

So congratulations to the client and also to the team at CLA, they are certainly making a mark on the world of timeshare.

Now for our Letter from America.

Veteran/Active Duty Service member #99 Timeshare Trapped

The “Unfair” in Unfair and Deceptive Practices

An Arizona House Bill 2639 designed to protect consumers is opposed by ARDA.

Please voice your support for this Bill by calling and writing to the Bill sponsors listed in this article: http://insidetimeshare.com/the-tuesday-slot-arizona-house-bill-2639/

By the Sherwood Family, a Wyndham Hostage

March 8, 2019

Mr. Sherwood’s YouTube:

I am sure there are plenty of timeshare members quite happy to spend hundreds or even thousands of dollars on their timeshares every month because they are getting use out of it. However, what happens when your circumstances change? You will quickly come to regret every penny you sunk into the timeshare capable of holding the member hostage for life.

Due to health issues that have been piling up over the years, my wife and I can’t use our Wyndham timeshare anymore. I spent 20 years in the service of my country and am a 75-year-old 100% disabled veteran and retired Master Sergeant from the US Marine Corps. I also have early onset glaucoma. My wife is 71 and has had total hip replacement surgery twice in the past 3 years. Our Wyndham sales agent did not tell us about the Wyndham Armed Forces Veterans Club.

We bought our Wyndham timeshare in 2014. We used it twice a year for the first three years. It never lived up to the billing our sales reps gave it but we were happy enough. We never thought twice about handing over our money because we were getting something out of it. Unfortunately, getting old is no fun. Your circumstances can change overnight. Change may come soon after purchase or arrive years down the line. When those changes come you will be hit in the face with the reality that there is no way out of your timeshare if there is a loan outstanding. You are stuck with paying for your slice of thin air out of your social security allowance until the day you die unless foreclosed.

One of the reasons for this article is that I do not take kindly to being bullied and will not be dismissed, told to shut up and hand over my money. Another reason is that I would like as many people as possible to be aware of what they are getting into before purchasing a timeshare.

I sent Wyndham my letter from the VA attesting to the fact that I am 100% disabled. They would not accept that letter, stating they wanted proof I couldn’t travel. They requested full access to my medical history. I found this an egregious invasion of privacy so refused. I went back to the VA for a letter that stated specifically that I couldn’t travel but Wyndham would not accept this. A letter from the VA stating that I am 100% disabled and cannot travel seems more than enough for Wyndham to join the dots.

Imagine what the scenario is if you are not a senior, or a veteran, or disabled – if we are being refused, how many other people with their own reasons and issues will be refused?

Wyndham stopped communicating with me when I delinked to give them access to my medical records despite me reaching out by letter and phone on several occasions. They have now sent me to collections with Pinnacle Recovery Inc. I will tell Pinnacle what I told Wyndham; they will not see a penny from me.

To confound matters, the third Stooge in this story after Wyndham and Pinnacle; Barclays Bank, want us to pay them too. When Wyndham tried to open a credit card for us, my application was refused but my wife’s was accepted. My wife receives in income less than a thousand dollars a month but after Wyndham added my social security income, military retirement and VA compensation, they made it look like she was earning several times more than she actually did. Wyndham has charged the card several times already with fees we were not aware we would be asked to pay. Needless to say, Barclays won’t be seeing any money from us either.

My advice to potential timeshare customers; use Airbnb.

https://www.linkedin.com/pulse/10-reasons-why-airbnb-better-than-timeshare-wayne-c-robinson/?fbclid=IwAR3QPmnZYAHlyox8oNdjgru1ik7Kdb0WpPOo3vC85gqCvwJ62DUyJjp70pw

My advice to Wyndham; if you can’t listen to your customers then you shouldn’t be in the hospitality business.

Thank you to Mr. Sherwood for sharing his story. If the public knew the difficulties of getting out of a timeshare, would anyone buy one? What car, boat, home, or pair of shoes would you buy that you cannot sell if there is a loan outstanding?

Here are member supported groups we feel are not industry influenced:

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you to the Sherwood Family for their contribution this week, as we mentioned at the start, this is the ninety ninth veteran who have been in touch with Inside Timeshare and the other groups. It would seem that even though they have served their country, the timeshare sales agents just do not respect that fact, they just see them as easy money. Not all the blame can be placed on those sales agents, the timeshare companies must also take responsibility for allowing their staff to get away with it.

So to finish today’s article, we are still calling on any reader who has had any dealings with Meredith Pritchard and Stephen Paul Fairclough to come forward, it is your information that will help the police get the evidence to bring Fairclough to justice. Use our contact page and Inside Timeshare will get back to you.

Have a great weekend and don’t forget be vigilant when dealing with any company that contacts you or you find on the internet or advertising in any publication.