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American Resorts Development Association

Start the Week

The RDO (Resorts Development Organisation) is supposedly the trade body for the timeshare industry in Europe, yet it is their very own members who are being taken through the courts for the mis-selling of timeshare. Yet it fails to act against them or even sanction them for their misdeeds. In fact, if you look at their own membership list, it probably only represents about 10% of the industry in Europe, with many of their own members on the receiving end of hundreds of court cases.

Instead, it funds several entities to discredit companies that do genuinely try to help beleaguered timeshare owners, Kwikchex, Timeshare Taskforce and Timeshare business Check, all run by Chris Emmins. This gentleman does not have a very successful track record when it comes to his directorships, with 17 appointments with all companies being dissolved under his directorship.

Kwikchex and Chris Emmins replaced the now discredited Alberto Garcia who with his blog site Mindtimeshare did the RDO’s bidding, using the “Enforcement” program, now renamed Timeshare Taskforce. Granted, timeshare owners do need to know the good from the bad, but as we have seen over the years the good have been lumped together with the bad, all because they do not wish to subscribe to RDO membership or are using legal means against the timeshare industry.

Chris Emmins

So who do the consumers have to turn to?

At one time many believe that it was TATOC, The Association of Timeshare Owners Committees, but as we know that organisation has fallen by the wayside. It was also funded by the industry and the then CEO Harry Taylor instead of protecting timeshare consumers was very much on the side of the industry.

Recently the RDO announced a new organisation for owners, EUROC, or European Resort Owners Coalition. Yes, you have guessed it, the European equivalent of ARDA ROC from the US.

We do know that the RDO and ARDA, (American Resorts Development Association) are very close, in fact, the RDO is very much modelling itself on their US cousin. Lobbying on behalf of the industry to the detriment of the consumer.

UEROC, is being funded by both of these organisations, according to the RDO for at least one year, then it should become self-sufficient. But does that mean it will be funded by timeshare owners, or like we had with TATOC funded by industry membership and associates?

Is this new organisation actually going to represent consumers’ interests against the industry or is it going to be just another sham to make consumers believe they have a voice?

Only time will tell if what we are seeing with the industry in the US, with ARDA supporting bills which destroy consumers rights in Florida and Nevada, it does not bode well for consumers in Europe.

At least in Spain, the law is on the side of the consumer, making perpetuity contracts illegal, banning the sale of floating weeks and points systems, enforcing the cooling off period and forbidding the taking of any payments within that period. These are the basics of many of the court cases consumers are winning, resulting in contracts being declared null and void and the return of all payments.

If you purchased a timeshare in Spain after January 1999 and want to know where you stand legally, then use our contact page and we will point you in the right direction.

Friday’s Letter from America

Welcome to this weeks Letter from America, today we publish a press release about the Arizona House Bill 2639, a bill designed to give consumers the protection they need when purchasing a timeshare. As usual ARDA (American Resorts Development Association) is opposing this bill, this release is a call for all consumers, timeshare owners and non-timeshare owners to voice their support for the bill.

First an update on Claims Assistance Bureau Ltd, as we published yesterday they are also using the name of a genuine registered and regulated claims company, Claims Advice Bureau (UK) Ltd, well, it looks like they have already started using another name.

The cold call is from a Paul Burrows, the company this time is called Travel Claims Solutions Ltd, Company Registration Number  04831724 and registered address:

Flat 12 Stamford House, Great Heathmead, Haywards Heath, England, RH16 1FH

Changed on 28 August 2018 from:

22 Updown Hill Haywards Heath West Sussex RH16 4GD England

According to Company House records the company was incorporated on 14 July 2003, with the current directors being, Hannah May Edwaards and Jeremy Robert Goodyer, both are the original directors.

The story from Paul Burrows is the same as before, Eze Group member has been awarded a specific amount of money, but to get this they first have to pay a fee of £695. This will be held in “TRUST” at an unnamed High Street Bank, the client will then receive their money in 10 days.

Now for our Letter from America

Time-Sensitive in Advance of Arizona House Bill 2639 Vote

We Need Your Voice

ARDA Opposes Arizona House Bill 2639, Which Offers Consumer Protection

On the heels of perceived unfair and deceptive timeshare sales practices that have left many families financially devastated, 13 Arizona representatives have proposed the creation of Arizona HB 2639 in an effort to safeguard consumers from entering into a perpetual contract, often buying a product they have not even had a chance to try before purchase.

Buyers often enter into timeshare contracts when on vacation, are encouraged to review documents after they return home from vacation, sometimes long after the rescission period has ended – leading to confusion, anxiety and costly fees that can last years.

Arizona House Bill 2639, aimed at alleviating some of those problems, was approved by a committee in a 7-0 vote, but is strongly opposed by the timeshare lobby group American Resort Development Association (ARDA), an industry-supported PAC.

Provisions in the proposed bill offer safeguards for timeshare buyers. We ask that consumers voice their support for this bill by emailing the representatives listed below.

The proposed bill includes:

  • Purchaser is granted a 14-day rescission period. The closing, as evidenced by delivery of the deed or other document, is prohibited before the 14 day calendar period expires.
  • After the end of the rescission period, the first use of the timeshare interest concludes; “first use of the timeshare interest” means the first time the purchaser or third party transferee stays in a timeshare pursuant to the purchase agreement.
  • The seller can charge up to a 10% cancellation fee. Seller may charge regularly scheduled maintenance fees for one year.
  • The purchaser may cancel the purchase agreement and relinquish all the timeshare interest within one year after the purchaser signs the agreement.
  •  At least ten years after a purchaser purchases a timeshare, a purchaser who has paid the entire purchase price and current annual fees may terminate the purchase agreement without cause.
  • A request can be denied only if it does not meet the criteria described.
  •  The bill also requires disclosure to alert the purchaser that the contract may be of a perpetual nature.

Please contact the following representatives in support of this bill. There have been numerous Attorneys General investigations, BBB complaints and lawsuits describing unfair and deceptive timeshare sales practices. The following individuals are the bill sponsors; we urge you to call and write to them to voice your support.

RepresentativePhone NumberEmailDesignation
Bolick, Shawnna(602) 926-3244[email protected]Bill Sponsor
Biasiucci, Leo(602) 926-3018[email protected]
Blackman, Walter(602) 926-3043[email protected]
Carroll, Frank(602) 926-3249[email protected]
Dunn, Timothy M.(602) 926-4139[email protected]
Fillmore, John(602) 926-3187[email protected]
Finchem, Mark(602) 926-3122[email protected]
Grantham, Travis(602) 926-4868[email protected]Committee Chair
Kavanagh, John(602) 926-5170[email protected]
Payne, Kevin(602) 926-4854[email protected]
Roberts, Bret(602) 926-3158[email protected]
Toma, Ben(602) 926-3298[email protected]
Weninger, Jeff(602) 926-3092[email protected]

For more information, contact Inside Timeshare or Timeshare Accountability GroupTM

http://insidetimeshare.com/

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

So there you have it, a bill to protect consumers being opposed by the industry because it does not fit in with their own agenda and curbes the power they have held over consumers for years.

It is now down to you the reader to exercise your right to lobby and have this bill past to protect all consumers. The industry has had its own way for far too long, they need to be brought down and be regulated by independent regulation.

On The Tuesday Slot we shall be publishing more about this bill, so join us then.

If you have any comments on this or any other article, or if you have any information regarding any company that you are suspicious of and believe it is a scam, then use our contact page and get in touch.

Have a great weekend and remember to do your homework on any company that contacts you.


Start the Week

Welcome to Start the Week and our countdown to the Christmas break, we begin this morning with news from the Spanish Courts.

This morning Inside Timeshare has received the following information regarding our old friends Silverpoint, this company is certainly taking a bashing in the courts, contrary to what some might have you believe.

The other breaking news is there has also been another ruling from the Supreme Court, making 130 in total against the timeshare industry, the company on the receiving end is Diamond Resorts.

On Thursday 13 December in the Court of First Instance No 5, Arona Tenerife, Silverpoint were once again found to be in breach of the Spanish Timeshare Laws 42/98 and 4/12, in respect of their product called “Company Participations”.

As we have reported on many occasions this scheme was designed to bypass the current timeshare legislation, instead of purchasing weeks in an apartment the unwary consumer is sold “participations” in apartments which are “registered” as companies. These companies are administered by Silverpoint and Excel Resorts, with the purchaser believing they are “investing” in a “company”. The terms of the contract are complex, with purchaser having no rights to know who the other participants (share holders) are, they also have no right to use the apartments they have purchased these in these “participations”, but are given weeks they may use in other apartments and resorts.

As with the old Silverpoint scheme of “investment weeks”, purchasers are promised a variety of incentives, these are in the form of “dividends” paid each year for the rental income of the “participations” they have purchased, unfortunately many are still waiting to receive them. They also then have the option after 3 years to “sell” their “participations”, but not on the open market, they can only be “sold” to other participants, but only through Silverpoint who will broker the sale.

In the latest sentence, the judge has clearly stated that these “Company Participations” contracts are a blatant disguise of a timeshare product.

The sentence also states and reiterates the ruling from the Supreme Court (STS16/2012 of 16 January) that these purchasers are indeed Consumers and not investors. (Page 2 of the sentence PDF below)

Silverpoint Sentence 13 Dec

The court declared the contract null and void and ordered Silverpoint to return the full purchase prices plus double the deposit paid, a sum of over 108,000€.

The courts have also place another 3 embargoes on Silverpoint accounts securing over 130,000€ for clients who have been awarded their money back.

The Supreme Court has issued their 130th ruling against the timeshare industry, the very first against Diamond Resorts!

The court has upheld previous rulings that the points system is illegal, along with the perpetuity contract which contravenes the maximum duration of 50 years as demanded by law.

Diamond Supreme Court 11 Dec

Although the amounts awarded are not substantial, this ruling now proves that even Diamond are not immune from being prosecuted under Spanish Law.

Both of these cases have been brought on behalf of clients by Canarian Legal Alliance, the leaders in the field of timeshare litigation.

In other news, it has been announced that the CEO of the American Resorts Development Association (ARDA), Howard Nusbaum is to retire in 2019. The board of directors has appointed a committee to search for a new CEO, the members will be working alongside a leading executive search company Spencer Stuart, who will be managing the process.

Whoever is appointed will certainly have a lot on their plate, the timeshare industry is in dire need of a thorough shake up, so let us hope that the new CEO will have the guts to make sure their members start to treat consumers in a better way than we are seeing at the moment.

So that’s it for today, if you require any information on any of the articles published, companies that have contacted you or would like to know where you stand in regards to your purchaes of any timeshare product, especially the “company participations” from Silverpoint, then use our contact page and we will get back to you.