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The Tuesday Slot

Welcome to The Tuesday Slot, today Irene Parker tells the story of Joseph, a Welk Resorts Owner, unlike many of the stories in the “Nightmare on Timeshare Street” series, this one does have a happy ending. Joseph is now free of his timeshare and has saved a small fortune in “exit” fees, so commendations to Welk Resorts for their effort in helping to free Joseph. Just a shame others do not take a leaf out of Welk’s response.

A Real Responsible Exit for Joseph, a Welk Resort Owner

Volunteers Needed! Apply Within

Why Volunteers Do What They Do – Brittany Garvin

Hurricane Relief for the Bahamas

Brittany Garvin spends most of her time (14 hours a day) in front of her computer or on her cellphone. Garvin is connecting family members with their loved ones in the Bahamas. She is a volunteer with the nonprofit organization CrowdSource Rescue.

https://www.live5news.com/2019/09/10/adams-run-woman-helping-reunite-hurricane-victims-with-family-members/

By Irene Parker

September 17, 2019

A firestorm of emails was prompted by our August 9th article concerning the lack of responsible exit for six Legacy resort owners. Out of six resorts, only one resort told the owner they would take back the timeshare. While some developers maintain a sales office, the glut of unwanted timeshares, especially among the baby boomer population, continues to flood the market. Since publishing the August 9th article, several more resorts have been added to the list. 

Some resorts are willing to work with Legacy owners who no longer want their timeshare. Navy veteran Joseph, age 89, was able to deed his timeshare back to Welk Resorts. After two attempts to reach someone at Welk, in frustration, Joseph gave up and reached out to timeshare exit companies. One quoted him a price of $4,500. Joseph said he attended their presentation at a chicken dinner at Disney. “Something didn’t feel right so I left,” Joseph explained. Ultimately, Joseph was referred to me. I reached out to Welk on Joseph’s behalf, putting him in touch with the right person. A representative from Welk contacted Joseph immediately.      

The five of six resorts that would not take back a timeshare:

The Seasons in Vermont

Eagle Crest in Oregon

Broadway Plantation in Myrtle Beach

Lehigh Resorts (from a BBB complaint: We were offered a deed back option, but it was $3000 to cover fees and a title search. This amount seemed absolutely excessive.)

Wyndham Carriage Ridge and Carriage Hills Resorts

Remarkably, Melissa received an emailed response (unedited) from a Sugarbush manager at The Seasons Resort stating:

  • Our current owners are renting for premium dollars and receiving a very high rate of return on their investment, because of supply and demand. 
  • If you rent your unit for less than 15 days/year, the rental income will not be includible in income–thus the income is tax-free and you would still be able to deduct your interest payments. 
  • The timeshare won’t be difficult to resell due to the lack of accommodations in the Sugarbush area (supply and demand).

We have also published several articles submitted by frustrated Americano ARC Resort owners. For many seniors, what the developer may consider a responsible exit is not. ARC is demanding those seeking exit purchase a Freedom 365 Travel Club. I think I speak on behalf of my generation when I say the last thing a senior seeking release from a timeshare needs is a $5,000 travel club. 

When a member or owner contacts me, the first thing I do is tell the member to reach out to ARDA’s Coalition for Responsible Exit. They report back their findings. https://responsibleexit.com/

Disney and Marriott are on Shep’s List

https://hyken.com/

Joseph was referred to me because Joseph does not have a computer. When I called Welk Resort, it did take a try or two. I waited on hold as caller #1 for 15 minutes before reaching a company representative. I explained that one of their owners had been quoted $4,500 to be released from his timeshare, so I was checking to see if they might work with Joseph. She referred me to the department that takes care of deed-backs. The person I spoke with said they would forward the message to a representative. I explained that I am not an attorney, so don’t represent anyone, but I was researching timeshare’s secondary market and would like to know Welk’s dissolution policy. That same day I was contacted by a Welk representative who explained they would work with Joseph and quoted me the reasonable fee they charge to deed-back, in the case of someone like Joseph. 

Exit companies would argue that they would be justified in charging Joseph $4,500 because they have to pay for the leads. I don’t agree. With a little persistence and detective work, finding the right department and the right person, members or owners can save themselves thousands of dollars by doing their own research and making their own contacts. 

We are looking for volunteers to assist those who do not have a computer or computer skills due to a variety of reasons. In the last 24 hours, I have been contacted by two owners battling cancer and one with MS. It’s not fair for them to have to battle their timeshare too, given the lack of a secondary market. 

Inside Timeshare can simply refer the owner inquiring to you, and you can assist and follow along with owners who need this type of assistance. You would help only those with fully paid for timeshares, those seeking release, by helping to point the member or owner in the right direction. We have many members helping members resolve disputes, but we could use a few more good soldiers. This is a way we can serve those who served us, like Calvin. 

On Friday we will publish Calvin’s story about how Nationwide Transfer strung Calvin along for two years, demanding over $20,000 from him. Calvin was part of a military police unit that managed a prison camp of 27,000 Iraq soldiers. Nationwide, instead of asking Calvin for medical documentation concerning his PTSD, that required a two-month hospital stay, wrote Vacation Village a letter telling them Calvin has Parkinson’s disease. Calvin does not have Parkinson’s. 

I reached out to Vacation Village and put them in touch with Calvin. Calvin paid $6,000 for the Vacation Village timeshare ten years ago. When his health deteriorated, he spoke with a sales agent who advised Calving to convert to points to reduce maintenance fees. Instead, maintenance fees increased. With the unnecessary upgrade, Calvin paid approximately $12,500 for the timeshare and over $20,000 to Nationwide Transfer. 

Elder Veteran Fraud is one of the most despicable forms of fraud.  

On a side note, I highly recommend Welk Resort. It was one of the first exchanges we made many years ago. For our younger readers, you can learn something about Hollywood memorabilia at Welk Resorts. Our generation grew up listening to Welshman Lawrence Welk and his Champagne Orchestra.

Timeshare provided my family and countless others, generations of wonderful memories. For others, it has caused financial ruin, bankruptcy and the loss of security clearances for active duty service members. “Pitching Heat” is what the industry itself calls the employment of unfair and deceptive sales practices. There have been many lawsuits filed describing the practice. 

I listened to an interview with Brittany Garvin on the Weather Channel over the weekend. She was asked what made her volunteer so much of her time. “With my skills, I could not just sit back and do nothing,” Brittany explained. Timeshare has deceived many who possess valuable skills, including a detective who works economic crimes undercover. If you have skills, or just time, to aid with our self-advocacy efforts, contact Inside Timeshare. Join our growing networks of volunteers. As happened for Joseph, one person can make a difference.  

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

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

https://tug2.com/Home.aspx

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

Wyndham Carriage Resorts Facebook

https://m.facebook.com/groups/152117225452689

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook

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

Thank you Irene for all the help you gave Joseph, it is great when we can publish a story with a happy ending and a timeshare company willing to help, so we must say a very big thank you to Welk Resorts.

The Tuesday Slot

Welcome to this weeks edition of The Tuesday Slot, we continue with the complaints received by Inside Timeshare from Wyndham Carriage Hills and Carriage Ridge owners edited and compiled by our very own Irene Parker. This week we publish complaints 91 to 114, these complaints again show how the elderly are being treated by this timeshare company, being denied a way out and their heirs being forced to take over the membership. The Canadian authorities must act to rectify this situation and protect these owners from this type of behaviour. Inside Timeshare will continue to publish these “Nightmare on Timeshare Street” stories.

Why Not to Buy a Timeshare in Canada – Unless Change Happens 

Privileges that Fell Flat: 

Equity $ position, 

Freeze costs of future vacations, 

Worry-free vacations

By Irene Parker and Wyndham Carriage Resorts Owners 91 – 114

September 10, 2019

PARSIPPANY, N.J., July 25, 2019, /PRNewswire/ — Wyndham Hotels & Resorts (NYSE: WH) today announced results for the three months ended June 30, 2019. Highlights include: 

  • Revenues increased 23% compared with second-quarter 2018, to $533 million. 
  • Net income was $26 million for the second quarter, a 24% increase over the prior-year quarter; adjusted net income was $82 million, a 12% increase over the prior-year quarter. 
  • Adjusted EBITDA increased 27% compared with the prior-year quarter, to $159 million. 

https://www.prnewswire.com/news-releases/wyndham-hotels–resorts-reports-second-quarter-2019-results-300890701.html

It is unfathomable that any executive could think holding the aged, the ill, and the disabled liable for maintenance fees for a fully paid for timeshares is healthy, especially when lobbyists have testified at legislative workshops to lawmakers that all is well in the timeshare secondary market because of hardship departments and dissolution policies – unless unfortunate enough to have purchased a timeshare in Canada.  

Doublespeak

A quote from an ARDA lobbyist:

“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.

Quebec Backs Consumers

Among other provisions, Quebec Bill 178 defines a timeshare contract as a service contract. This could have lasting consequences for Canadian timeshare buyers who have felt trapped by the perpetual timeshare product. Many timeshare members are saddled with high-interest rate loans and some with higher interest rate credit cards issued by timeshare companies. (Quebec Bill 178 defining timeshare as a service contract was passed into law on June 6, 2018)      

http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=5&file=2018C14A.PDF

Comments from Wyndham Carriage Resorts Owner 91 – 120

Interestingly, I believe that some courts in Europe have declared that contracts ‘in perpetuity’ are in fact illegal. It’s a pity that the courts in Canada are not so progressive. Our maintenance fees have increased horrendously, from an initial amount of $526 to $1351 in 2018. We are both retired and we really struggle to find this money. We know it will only get worse. Lesley F 

It was sold as an enticing vacation ownership opportunity that gave me 5250 points annually with Shell Vacations, with the tangible benefit of a deeded portion of a physical property to own – sounded like a good investment –

“A deeded property and something that could be sold anytime, at what would certainly be a profit.”(Their words) The reality is that rather than an asset, this purchase has taken the form of something of a junk bond

– worthless as an asset. Not only worthless but with additional costs annually with no end in sight and no way out. Elaine

We wanted to get rid of it a few years after we bought. The same sales team took $700 upfront to list it for a potential sale which never materialized. My husband is a kidney transplant patient who had to stop working and has had no income for the past 5 years. We cannot travel anymore. We would love to see a legitimate exit strategy. I called Wyndham a few months ago and was told that my only option is to sell it via a legitimate real estate broker in Canada. That is impossible. The Timeshare Agreement is a serious attack on consumer rights in Canada. No owner knew what they were signing at the time of purchase. Amra

As it stands now, the owner who needs to exit only has one option, and that is to find a willing buyer. This is virtually impossible as there is no sales office on-site and virtually no assistance from Wyndham assisting with any sale. In fact, they make it very difficult, even if you were fortunate to find a willing buyer. John L

The most concerning is the way that the owners are currently being treated.  The owners that can’t afford the maintenance fees due to health reasons, financial problems, and life changes – for these people not to have a way out is just unethical! Mike B

We continue with reports from Wyndham’s Carriage Hills and Carriage Ridge owners #91 – 120. Prior reports: 

Carriage Owners 61 – 90

https://insidetimeshare.com/fridays-letter-from-america-66/

Elizabeth’s Analysis

https://insidetimeshare.com/the-tuesday-slot-46/

Jeannie’s Medical Hardship Dismissed

https://insidetimeshare.com/fridays-letter-from-america-65/

Carriage Owners 31 – 60

https://insidetimeshare.com/the-tuesday-slot-45/

David’s Medical and Financial Hardship Dismissed

https://insidetimeshare.com/fridays-letter-from-america-64/

Carriage Owners 1 – 30

https://insidetimeshare.com/the-tuesday-slot-44/

#91 Kayleigh W

I own at Carriage Hills resort. I bought as a newlywed 10 years ago as an investment and a way to travel. Since then, I’ve divorced with two children and no way out of the ever-increasing maintenance fees. Our maintenance fees have doubled since I’ve purchased. My parents also own. Does that mean one day I will have two deeds? 

When I purchased, I was told we could use the facilities anytime. Since then, they’ve changed it so you can only use the facilities during specific times. We were also told that we could use three rooms upstairs for family parties. That has changed as well. Now there are more exclusions than inclusions. They sold us the timeshare as a second home.

I’m supposed to remove my ex-husband’s name from the deed. I’ve tried for two years. To have one name removed from the deed it costs the same as selling to a new party! Thousands of dollars! That makes no sense. Please help us find answers. The only one winning here is Wyndham and we are paying for it.

#92 Lynn A

I inherited a unit from my dad in 2006 and have been paying increasing maintenance and RCI/II Membership fees ever since. I was hoping for some great exchanges now that I have retired, but with the advent of Airbnb and VRBO, etc., I don’t see timeshare as viable in perpetuity.  We are looking for an exit strategy when we are ready because I don’t want to burden my daughter.

#93 Lynda R

We need an eventual exit that does not burden our children. 

Steve and Lynda R

#94 Michael C

Dear Irene

I purchased in 2009 and have used the exchange program. The maintenance fees have risen by exorbitant percentages each year. I am now retired and do not wish to travel to timeshare properties. The maintenance fees and membership fees are burdensome. I do not want to continue paying for the timeshare. I do not want to use it and cannot imagine inflicting this situation on my children. They have no interest in it and did not sign a contract agreeing to the terms. They lack the financial capability to sustain it. I need an Exit Plan. 

Regards,

Michael C

#95 Rebekah D

Dear Irene,


My husband and I bought into Carriage Hills in 1997. Living in Toronto, we enjoyed our white week, but are now scared and unhappy about the future. My husband is 71 and I am 70. We are pensioners. We need an exit strategy. This is the only viable solution, not only for us, but for the health of Carriage Resorts. We don’t want our children to be burdened. They are not on the deed.

Thank you, Irene,

Blessings

#96 Lesley F

Hello Irene,

In 1997 my husband and I bought at the inception of Carriage Hills.

We bought after being assured that our investment would keep its value and that we would be able to sell at any time.

We were also assured that if we wanted to deposit our weeks to exchange, our ‘floating weeks’ would always be ‘red’ (the highest). It now seems that the investment is of no value at all and we cannot sell it as no one wants it. The exchange value seems to fluctuate when translated into points by the exchange company (RCI).

Our maintenance fees have increased horrendously, from an initial amount of $526 to $1351 in 2018. We are both retired and we really struggle to find this money. We know it will only get worse over time. 

We have no children, but if we did, would not wish to burden them with this White Elephant. Unless we can get rid of the timeshare, will it fall to our siblings and their children to bear the burden? We have seriously considered defaulting, but understand that Wyndham will pursue us in the courts. Ultimately, our estate will have to deal with this.

Frankly, Irene, it makes me feel sick with worry about the future – how will we be able to afford to pay the ever-increasing fees? Worse, the thought that our families will be burdened with the problem after we die is troublesome.

Interestingly, I believe that some courts in Europe have declared that contracts ‘in perpetuity’ are in fact illegal. It’s a pity that the courts in Canada are not so progressive.

We are very grateful to you for taking an interest in the situation.

Kind regards

Lesley F and Ron K

#97 Roger S

I own at both resorts. I still use my time there, as well as trade. I do not plan to have my kids inherit the units, thus a viable exit strategy is needed in my future. 

#98 Valerie S

Hi Irene,

My husband and I bought our timeshare in 2000. We used it for several years but have not used it since 2008 when we moved out west. The maintenance fees have gone up tremendously and we still have to pay even though we have not been able to use the resort for 11 years. We want to get out of this timeshare as we are no longer able to pay the annual maintenance fee.

Please help us create awareness of the predicament many owners are currently stuck in.

Thank you so much!

God bless

Valerie & Benjamin S

#99 Cathy S

Exit strategy? Count me in please!

#100 Diane L

Hi Irene,

My story is the same as many. We joined in 2000 when we bought an every other year red week. I thought it would be a great way to ensure we had a vacation every year while the kids were young. Little did we know, what had we had really gotten into? 

We always exchanged thru RCI. However, as the maintenance fees continued to climb, I became nervous. At one point, in desperation, I signed up with one of the companies that promise to sell your timeshare for several hundred dollars in advance. I don’t recall which company it was, but something like sellymytimeshare.com. I never heard from them after they got our money. 

I thought about leaving our timeshare to someone other than our kids, but I know that no one is going to want it. It is far cheaper to just buy your own All-Inclusive vacation.

I feel so badly for the elderly people who are unable to use their time and have collection agencies chasing them for maintenance fees. My concern is that one day we may be in the same situation. I would NEVER recommend anyone buy a timeshare after the experience we have had.

I send in my votes every year to the AGM in hopes that at some point we will have a board of Directors that acts in our best interest, but the maintenance fees continue to rise and an exit strategy not available.  It seems obvious that the percentage of unhappy owners continues to grow every day.  

Thank you again,

Sincerely,

Dianne L

#101 Annette D

Hello Irene

I am one of many owners at Carriage Ridge who wishes to sell or give away my timeshare. We have owned for 22 years and have mostly exchanged. 

We, like all, have been advised that our timeshare would grow in value.

Our kids do not want this liability. We do not want the expense in retirement. More and more is being taken from us, whether it be an increase in maintenance fees or an increase in exchange fees. It is plain and simple – Corporate Greed. 

Thanks,

Annette D 

#102 Eduard and O N

Hi Irene, 

Exit Strategy: Count me in! 

#103 Edda G

Hello Irene

My husband and I purchased a red week at Carriage Hill approximately 15 years ago. 

We realized our error after a few years when trying to make travel work. Having to purchase a membership with RCI, pay for a flight and “All Inclusive” charges at resorts, made it an expensive and complicated venture that neither my husband nor I had time to research and plan. We realized we were really screwed when choices with RCI dwindled to almost nothing. Then the pressure to switch to points. We thankfully never fell for this. We told them that they wouldn’t get another cent out of us.

We weren’t skiers or golfers, so Carriage Hills was not that appealing. We have three boys. It was the same for them. They skied through their University years on occasion, but it was hard to nail them down to book time at the resort. 

I have used the resort several times with girlfriends, but in the past few years I was very disappointed in the state of the units. They were very dirty, outdated and shabby. Sometimes the TV or stove didn’t work. There was dust everywhere, cracked tiles and dirty grout in bathrooms. The sheets never quite fit around the mattress. I wondered how often the old comforter was washed. Whoever pulled the short straw got the pull-out couch, which was horribly uncomfortable.

It was embarrassing, to say the least, to admit that we paid $1300 a year for this? It was never made clear to us that the timeshare was going to be a ball and chain for the rest of our lives and the lives of our children. That should be illegal. 

We are intelligent people. My husband is very careful about what he signs, and yet we fell for it. It is definitely a burden to us now as we are retired. We want out!

Many thanks for all your help.

#104 Malini S

Hi there Irene, 

We are very much interested in pursuing an exit strategy. Although we used our timeshare early on, lately we have found we’ve been unable to use it.  

Thanks for your support. 

Mr and Ms M

#105 Elaine S

Hi Irene,

Our unified voices need to be heard.

I purchased at Carriage Ridge in May 2004 under much pressure. At the time it was presented as the second stage of the “very successful” Carriage Hills and affiliate to Horseshoe Valley. It was sold as an enticing vacation ownership opportunity that gave me 5250 points annually with Shell Vacations, with the tangible benefit of a deeded portion of a physical property to own – sounded like a good investment – “A deeded piece of something that could be sold anytime at what would certainly be a profit.” (their words).

The reality is that rather than an asset, this purchase has taken the form of something of a junk bond – worthless as an asset.   Not only worthless, but with additional costs annually with no end in sight and no way out.  Over the years I have seen our maintenance fees sky rocket, and with no viable way to exit, should I no longer use it or, if at some point, I am unable to afford the fees. I am very troubled.

To make matters worse, I have been told that although I pay my membership to RCI (previously Interval), that should I give/sell it to someone else they would get weeks at the home resort only. 

That is a simply unfair, and this is not what I purchased.  It needs to be addressed.  People feeling they have no other option but to try to give it away with no success is sad. This continues to devalue our already worthless ownership. There is no way at this point in the current structure to try to build some of the value back into our ownership.  This needs to change.  

We own at a beautiful resort that is being well maintained, so why are we trapped?

Others would certainly see value in owning these timeshares if they had reasonable maintenance fees, and an exit option (or a true resale market) – which ironically is what was falsely presented to us when we all bought.

The reality is that none of us purchased this to be a forever thing.  At some point, every single owner will want/need to exit, every single one of us.

So an exit strategy is important to every owner.  It certainly makes good business sense for all parties to have the choice and ability to sell.

Thank you,

Elaine S

#106 Rick C

I will not bore you with wild sad tales. Bought my timeshare in a moment of weakness, not clearly paying attention to a large serving of high pressure baloney.  I have tried to make the best of my mistake but have been sorely disappointed and paid for many years. Now retired and not having the income I once had it’s time to get out. Paying fees for no return must stop. Any way possible at almost any loss.

Thanks again for any help you can give.

Sincerely

Richard C

#107 Amra

Hello Irene,

My husband and I have been owners at Carriage Hills for almost 20 years. It was a bad decision – we feel we have been forced into it, clueless newcomers to Canada. The sales people were basically given a license to lie. They told us a very different story when they sold the timeshare.

(Note from Irene about the license to lie: 

https://www.nytimes.com/2016/01/24/business/diamond-resorts-accused-of-using-hard-sell-to-push-time-shares.html

We wanted to get rid of it a few years after we bought. The same sales team took $700 upfront to list it for a potential sale which never materialized. 


My husband is a kidney transplant patient who had to stop working and has had no income for the past 5 years. We cannot travel anymore. We would love to see a legitimate exit strategy offered. I called Wyndham a few months ago and was told that my only option is to sell it via a legitimate real estate broker in Canada. That is impossible. The Timeshare Agreement is a serious attack on consumer rights in Canada. No owner knew what they were signing at the time of purchase.

Thank you for your efforts.

Amra & Dimitrije

#108 Tony V

Irene, My name is Tony Varao and my former spouse and I own at both resorts (almost a 50/50 split). We own 4 full weeks and one of each the even and odd years (5 weeks per year). That equates to $6,678.33 in maintenance fees plus $565.98 for the Shell Vacation Club fees.‬‬‬‬‬

Eight years ago my wife and I divorced. At the time I tried contacting the resort and was told they do not assist in selling and are not interested in taking the units back. I contacted one of the exit strategy companies that were being advertised on the radio, they wanted the equivalent of 3 years maintenance fees up front to work on my case. That was over $17,000!

I have been paying annual fees. Since we converted to points several years back (because we were told it was better), I have been banking the points we have not been able to use and converting to credit cards (SVC Playdeck), using it for restaurants and the odd hotel, but the cash value I get is only a fraction of the money I pay annually, about 50%. By the way we were told if we bought another week we would be in the ELITE bracket with more perks, so we did.

This year I was eligible for early retirement, but could not because of the monthly expense of paying for these maintenance fees (over $600 per month).

This year I took all my points ($6,678.33 + $565.98) and went to Hawaii for a week. Please tell me if I was to have gone onto Expedia or Travelocity how much that trip would have cost, probably half.

My ex-wife and I bought into this wonderful concept of vacationing cheaper and better with this program, but it has not worked out that way.

The investment we were told we were buying into is not an investment. It is a perpetual black hole.

For now I will try to make the best of it by taking $7,000 vacations that are only worth half of that or less on the market. There will come a day that I cannot travel, and this will become an even larger burden affecting my quality of life.

Thank you for your ear.

Sincerely,

Tony V

#109 Susan S

EXIT STRATEGY: COUNT US IN PLEASE !!!!!

#110

John L

Dear Irene….I am writing on behalf of the Owners at Carriage Hills and Carriage Ridge.  As you have heard, we desperately need an exit strategy for owners who are encountering financial hardship or health issues and can no longer use their timeshare.  

As it stands now, the owner who needs to exit only has one option, and that is to find a willing buyer on their own. This is virtually impossible as there is no sales office on site and virtually no assistance from Wyndham assisting with any sale. In fact, they make it very difficult, even if you were fortunate to find a willing buyer.  

Also, with the very high maintenance fees it is cheaper to rent through Expedia or booking.com. You are not locked into any particular week or time.  

In addition, I could not in good conscience sell my unit to anyone, knowing that not only are they virtually locked into this during the rest of their lifetime, and the obligation is then passed on to your estate and heirs. 

Is it fair to stick them for the maintenance fees as most young families these days are living from pay-check to paycheck? Surely, with the cooperation of Wyndham and the management team at Carriage Hills, a resolution to this problem could be found?

Many of our owners are desperate and need help. Putting them into the hands of a collection agency is not the answer.  We need your help.   

Kindest Regards  John L

#111 Steve K

Hello Irene,


My wife and I are new owners, we were lucky enough to buy on a resale, so we didn’t pay the exorbitant amount some owners did. We do live close enough to be able to utilize day usage, however, we are concerned that in the future if maintenance fees continue to climb the way they have, we may not be able to afford to continue. I think a proper exit needs to be developed for all involved.

Thank you.


Stephen K

#112

Mike B

Hi Irene,

My wife and I are owners at Carriage Hills Resort and have been for the last couple of years. We currently enjoy our timeshare and have exchanged through RCI every year. We have also spent time at our home resort. As of right now, we’re not looking to exit our timeshare, but it’s quite concerning that there is no way to exit if we wanted to. We don’t want our kids to have to inherit these either.

The most concerning is the way that the owners are currently being treated.  The ones that can’t afford the maintenance fees due to health reasons, financial problems, life changes, not to have a way out is just unethical!

The lack of transparency to the owners between our BOD and Wyndham is just despicable!

Thank you for your time and interest in this matter!

Best regards,
Mike & Alaina

#113 Anonymous

Hi, Irene,   I spoke with someone who said Ont. Gov’t consumer services and the Minister of Consumer Protection for T-shares is interested. Keep working. 

#114 Joanne H

I have owned at Carriage Hills for about 25 years. I never dreamed I would not be able to give the unit away. Our kids don’t want it. I have amassed so many points with RCI that are useless to me, but I keep paying and paying. My husband and I are retired now and don’t have money to waste. There has to be something we can do. We only own every other year. My heart goes out to those who own every year or more.

Joanne H

How can this be right? Let’s hope Carriage owners can find Ontario lawmakers, journalists, and reporters sympathetic to the unfairness of this predatory and unfair timeshare trap.

Timeshare members are always grateful when a member, who has been through the complaint or foreclosure process, thinks beyond their own Nightmare on Timeshare Street to support others. There seems to be a lot of talent among Carriage owners who were sold an asset converted to a liability by unfair, weaponized contract law (to borrow a phrase from a U.S. member battling a U.S. timeshare company on behalf of his mother).

I’m told Wyndham is not the only timeshare company in Canada with such unfair tactics. This means a concerted effort needs to happen to inform the general public about the pitfalls that come with this overbearing, ironclad, outdated contract, give today’s Airbnb, Booking.com and Expedia’s economical and instant bookings.

Public awareness is the first step towards affecting change. We don’t want to destroy the timeshare industry. We want to save it. Ironclad contracts, benefitting stock investors, are not the answer.

Thank you to Carriage Owners for sharing their stories. Let’s hope media and legislative outreach committees develop to inspire public awareness and outcry, for the good of the owners, and the good of the industry.

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

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

https://tug2.com/Home.aspx

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

Wyndham Carriage Resorts Facebook

https://m.facebook.com/groups/152117225452689

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook

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

Thank You, Irene and all who contributed to this article, we at Inside Timeshare hope that the Canadaian Authorities take note and that Wyndham will come around and give these people what they deserve, justice. Somehow I don’t think that Wyndham’s greed will allow them to do anything.


The Tuesday Slot

Welcome to another edition of The Tuesday Slot, following on from last Friday’s Letter from America on Wyndham’s Canadian Resorts Carriage Hills and Carriage Ridge, Irene Parker highlights the first 30 complaints received by Inside Timeshare. So far we have received 110 which we expect to rise as more and more owners find these articles, one thing is certain they are all telling a very familiar story, deceptive practices by the sales agents.

Wyndham’s Canadian Carriage Hills and Carriage Ridge Unfair and Deceptive Business Practices

An Open Letter to:

Jason Gamel, Wyndham Sr. VP, Legal, and ARDA President  

By Irene Parker and 30 of 110 + Carriage Resorts Victims of Unfair Practices

August 20, 2019

After publishing our August 8 article challenging ARDA’s Coalition for Responsible Exit program, I reached out to a Canadian friend asking about Canadian Legacy owner Simon D’s Carriage Resort complaint. The article described six out of eight fully paid Legacy owners not allowed out of their contracts. A seventh, homebound, contacted us, so seven resorts out of nine single-site resorts in the U.S. are not being allowed voluntary surrenders. Lawmakers are not hearing the whole story. Shockingly, in the case of Wyndham’s Carriage Resorts, owners are required to pay maintenance fees or be sued.  

While the Canadian Consumer Product Safety Act may seem more geared towards manufacturing, those who take the time to read 110 reports of those held hostage in a timeshare trap, will understand Wyndham and Carriage’s draconian and predatory policies can cause adverse health effects too. Seniors in their 70s and 80s, and even their heirs if deceased are being sued for maintenance fees. These fully-paid owners have watched their maintenance fees double over the years, while their income in retirement decreased.  

Carriage Resorts may be domiciled in Canada, but U.S. based Wyndham acquired Carriage Resorts from Shell Vacation Club several years ago. Despite Wyndham promoting their Ovations voluntary surrender program, Carriage owners are held in a predatory grip even when they can no longer travel. 

Please take the time to read through over 110 complaints submitted by Carriage Resorts owners, beginning with complaints 1 through 30. Reports 31 thru 60 we will publish Friday. Timeshare buyers were routinely told their timeshare would be easy to sell because the timeshare is real estate.

August 8 article:  

ARDA”s Coalition for Responsible Exit Fails Legacy Owners

https://insidetimeshare.com/fridays-letter-from-america-62/

August 16 article:

Simon’s complaint prompts “Two Carriage Resort Owners Describe Unfair Practices” https://insidetimeshare.com/fridays-letter-from-america-63/

Mr. Kenneth McKelvey, founder of Defender Resorts and Chairman of the timeshare PAC ARDA ROC, testified at a legislative workshop held in Tallahassee Florida March 12, 2019, that attorneys and timeshare exit providers are not needed.

“Most of the developers I know, and certainly most of the timeshare managers I know, and I managed timeshare properties for thirty years… every single resort had a dissolution policy, every single one! There was a way to get out. You had to come to your management company, and based on what the board of directors instructed us to do in the terms if they had to pay a fee or if they had to be current, whatever those situations were, we did not have one that did not have a dissolution policy and a hardship policy …”

ARDA’s position is that the problem of the lack of a secondary market has been solved. A quote from an ARDA lobbyist:

“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.

The first 30 of 80 complaints:

Any delinquent owners are being sued for unpaid maintenance fees. Many of the aged owners are finding themselves in a real bind with health problems and limited from travelling anymore. The last thing they need is to be sued. Don and JoAnne  

Over the last 10 years, we have approached and been approached by several companies offering to transfer our units. We have probably lost about $30,000 trying to exit. Colin and Mimi

While Wyndham’s CEO Michael Brown is bragging about putting $1 Billion into expanding their timeshare business. If that is not the epitome of corporate greed, I don’t know what is! Cheryl

I wrote and told them they were heartless.  I have to take my blood pressure daily and my Family Physician asked why it fluctuates so much, as high as 160/80 recently, I told him the financial burden this timeshare is and the nightmare it has become. He has warned me the next stroke might be fatal. This timeshare is like having a noose around my neck. No one in my family wants it.  Jeanne

#1 Doug M

Twenty plus years ago we bought into what seemed to be an exciting package of vacation opportunities. Through the years, our maintenance fees kept climbing and climbing. Now our fees have climbed so high it’s no longer a viable option as they (Shell and Wyndham) have adjusted and changed the rules giving us less and less time with our timeshare. 

I am now retired with failing health. I just had open heart surgery and my kidneys have stopped working. I’m on home dialysis.  With this, my wife and I have lost the desire to travel. I can no longer swim or use many of the facilities. It is almost impossible to sell.  It seems I have to pay someone to take it. Thank you for representing our views.

#2 Greg and Christiana

Hi Irene,

My wife and I have been owners at Carriage Hills Owner since 1999 and have enjoyed many vacations that we shared with friends and family. A few years ago we moved to British Columbia. We can no longer use the resort with any frequency so looked into selling. Much to my surprise, I came to the realization that there are zero markets for these timeshares. There are 100s listed for sale! Some are even willing to pay a lawyer’s fees for the transfer and others offer a year or more paid maintenance fees. People are willing to walk away from their investment, in my case, around $17,000. We are willing to pay lawyer’s fees and also pay a few thousand in maintenance fees just to walk away. Very few owners have been able to get out of this. I have spoken to the Board of Directors, people at Shell Resorts and Wyndham without any solution.

This desperation has fueled scam agencies that are willing to take our money with false promises that they can get rid of it. People are getting scammed out of $1,000s of dollars.

It seems that no one is willing or able to help owners. Couple this with the rising maintenance fees and, to my horror, the knowledge that our Board, overseen by Wyndham, is actively suing elderly owners in arrears on fees who cannot use the resort due to health or sell due to no market. They can’t give it back to Wyndham because they don’t want it.

Please, we need help. This is a major crisis just waiting to explode.

Sincerely,

Greg and Christina

#3 Stefan J

I have been a Carriage Resorts owner for 20+ years. We converted our weeks to points a few years ago. At first, the annual fees were quite reasonable. We used the weeks yearly as our boys grew up. I have divorced and can’t use the points anymore. I am 68 years old and about to retire. The maintenance fees are $1,500 a year. It seems impossible to exit. I don’t want my boys (who did not even sign the contract!) to worry about this liability. I don’t mind spending some $$ to get out but I have heard all exit companies are scams.

#4 Lori and Roy

My husband and I bought our timeshare at the beginning of our relationship seeing it as a great investment. Our situations changed when I went back to school and became a teacher.  I now do not travel very much as I don’t enjoy travelling on the March or Christmas break. I need that downtime for sanity. We were also given my uncle’s timeshare so we now own two.

Last year we were in arrears.  I called the resort to ask about selling. In the past, at Carriage timeshare presentations, we were offered timeshares that were ‘returned’ so I assumed they would help me get rid of the timeshare.

I do not have the money to travel or pay my dues. Wyndham and Carriage have made it impossible. That just seems crazy.  “We have a great option for you, but you cannot know what it is or how much it costs unless you spend some money to come and hear us tell you about it.” I am not spending more money. That is insane.

I followed all of the information on their site about resale but did not find any help. Lots of organizations offered to help if I gave them a couple of thousand dollars upfront – really?! I have listed everywhere and tried to give it away and I still can’t get rid of it. I have no idea what to do.  I borrowed the money to pay off the dues for this year, but still have not paid that loan back. By the time I do, the next dues will be due!

#5 Mel and Anth

Good afternoon Irene!

My husband and I own at Carriage Hills. We bought an every other week (red) November 2000. While we did have some really nice vacations we haven’t been happy with our exchanges in close to a decade. We’ve listed it with timeshare exit sales companies and lost money. We’ve purchased another timeshare with the promise (in writing) that they would take Carriage Hills off our hands. Later we found out that Carriage Hills could not be sold to a Corporation and we were still on the hook and now we have another timeshare to boot!

We’re frustrated and at a loss. We thought about walking away but learned that it affects the rest of the owners and our credit, so we know that’s not an option. We reluctantly pay our dues and exchange for a place that is worth far less.

We dread the idea of passing this burden onto anyone else. If it wasn’t a lifetime (and beyond) deed, it may be worth owning, but as a lifetime deed, it’s a curse.

Thank you for listening. I pray that you’re able to help us all find a way out.

Melissa

#6 Don BG

We bought a timeshare from Carriage Hills. We have a liability, not an assist.  We can’t give the timeshare away or sell it because Wyndham will not approve any transfers.  It is taking up to six months to make a decision. No other business in the world is this slow.  As we age we would like to get rid of this liability we paid big bucks for. Wyndham could resell but instead insists on sending collection agencies to older people who no longer use the resort or can afford it, yet they rent it out to non-owners telling us that it is all sold out. 

In the US some resorts take back timeshares or resell. We just get grief.  I buy a car and yes I take a loss when I resell it but I can still resell. A timeshare is worth nothing the moment you buy it because no one wants to deal with these crooks.  How this is allowed to happen in Canada is beyond me. Where are the people who will stop this evil? 

Any help you can give is greatly appreciated. 

#7 Lillian

Hello Irene – my husband and I own at Carriage Hills and at Carriage Ridge.  We had the opportunity to use the facilities from time to time but that has changed since we now live in Prince Edward Island, a 19-hour drive.

What I am learning is frightening.

When we bought in 2001 we were assured that when we no longer were able to use our timeshare, there would be no problem – the company would purchase the unit back from us at fair market price – which was predicted to skyrocket – and we would have had all the travels we wanted in the interim.

Exchanging is getting more difficult.

The maintenance fees have skyrocketed to the point where it is cheaper to stay in a hotel or Airbnb. Communication from the resort has been spotty at best and basically non -existent from Wyndham.  

We would feel much more comfortable not to have to worry about our children, upon our death, being responsible for our purchase made so many years ago, sold to us as being a wise, wonderful investment.  

It does not feel like an investment with the maintenance fees that are now well over $1,000 per year plus additional SVC/RCI required membership.  We set aside money every month so we aren’t hit with the huge maintenance payments due in November – just short of Christmas.  

I believe the timeshare owners are entitled to an exit strategy as a first step in making the situation not so worrisome for owners who want to move on or whose travelling days are over.

Thank you.

Lillian L

#8 Leslie W

Good Day Irene

We purchased our unit back in 2000 and have had some nice vacations.

We were advised by the salesperson that this was just like investing in real estate. We could sell our unit at any time (and the implication was that it would be at a profit).

With escalating Maintenance Fees and changes in life conditions, we no longer wish to own this. None of our children would be interested in it, nor could they afford it.

I have had many sleepless nights trying to figure out how we can get out of this. I and many others are willing to WALK AWAY. We certainly DO NOT want to burden our heirs with this ridiculous responsibility. I only hope we can find a resolution.

Best Regards,

Leslie W

#9 June R

Hello Irene. I want to support your advocating for a timeshare exit plan.  I have been a deeded owner since 2002. I enjoyed my experiences but I am significantly older and my circumstances won’t enable me to continue paying maintenance fees into infinity. I have paid my fees every year without fail.

Thank you.

#10 Bill S 

I have two deeds. I would like to get rid of one of my years.

#11Natasha C

My husband (at the time) and I purchased our first deed at Carriage Hills back in the late 90’s. We were told it was an investment that could be willed, resold or deeded back if we no longer wanted or needed it. 

After a couple of years, we received a call to come to the resort for a sales presentation of the points program.  We attended with the idea of selling it back because we were under the impression we could. Our maintenance fees increased yearly. 

In 2011 we had our first child. Our priorities changed. I started to feel that we should consider deeding it back. We divorced in 2019. I am now desperately trying to get out of my deed.

I called Wyndham when I learned of the Ovation Program. I was informed by the Representative that Wyndham was not taking back Carriage Hill deeds but I could look at posting the deed for sale as a listing on Kijiji or our Carriage Hills Home Owners Association Website. The majority of the postings were for $1. I was gobsmacked with the sudden reality of my situation.

I believe that Wyndham must be renting Carriage Hills units out on various external travel websites and at a fraction of the cost, it would be for me to list to rent or sell my unit.  I also now start to question that if my timeshare is not-for-profit but owned and managed by Wyndham, is that not a conflict of interest? 

I’ve tried reading and understanding the Time Share Agreement and other contracts that hold me bound in perpetuity to this fractional ownership but that honestly make my eyes crossed.  Delinquent accounts are taken to court and then not only have to pay the fee but also the costs to have the litigation due to delinquency. I’m considering bankruptcy but being self- supported and with an 8-year-old daughter, I simply do not want to go that route. Some members have written local MPs but it seems to go nowhere.

I’m thankful that I’ve found an ear to listen to my situation.  This timeshare is literally the first thing on my mind when I wake and the last thing on my mind before I go to sleep.  I feel ill that I’ll need to go another $1300 in debt just before Christmas so I don’t get myself in “trouble” with Wyndham. The hardest part is that I know they are a huge entity and could take my deed back and benefit from it more than the trouble it causes me.

Thank you for your time,

#12 Natalyn

What do we need to do?

#13 Irene B

Hello Irene, My Carriage Hills Deed I purchased in May 2002.  I was so very proud of this purchase, but now very upset, sad and anxious. I don’t know what I own, except a piece of junk no one wants. I wanted to sell as my life has changed as is the case with many. In the past year, I have seen people giving them away or paying to give them away. Our maintenance fees have increased from $568 to $1368.  

I’m worried for my daughter who has to take on this burden. I feel I was very misled by the sales team back in 2002. So much has changed and not for the better. I just want help to exit my timeshare.  This is creating lots of anxiety for me.  

Irene B

#14 Anne C

Dear Irene

The Carriage Hills/Ridge exit situation for our family is terrible. My husband suddenly became extremely ill in 2005 and has been living in a nursing home ever since.

The purpose of purchasing the 3 timeshares was mainly for vacations in retirement. Now that we are senior citizens, we are unable to fulfil this dream because he is unable to travel. He was unable to work from the time he was age 60. We could not save money for retirement. Once he got sick we had to pay the nursing home fees in addition to my living expenses. Therefore we cannot afford the maintenance fees which have increased drastically. We need to exit from the timeshares immediately to avoid having to pay maintenance fees.

Is there a way to give away the timeshares and not have to pay any more fees?

Sincerely,

Anne C

#15 Sharon H

Hi Irene,

I read your article on the non-existent exit strategies at our resort. We bought into Carriage Hills over 20 years ago. We were told that as deeded owners, the property would increase in value as we would OWN the property. We paid our maintenance fees but rarely used it.

My husband has been diagnosed with cancer and we are just realizing there is no way to get out of this mess. Our children don’t want anything to do with it but they will be saddled with the payments. How can this be? I thought that when we died, that would be the end of it. I am worried about the future and how I will manage the maintenance fees, especially for something we don’t use. I have tried to rent it out at prime time but was unable to do so.

Thank you so much for raising this issue. There has to be a solution out there. How can the law allow you to own something in perpetuity (with no secondary market)??

Sharon H

#16 Liz A

I bought at SVC Carriage Ridge in 2003 when I was close to retirement & able to travel. Now I am 77 years old, single, disabled – cane, walker, wheelchair in airports, on pension.  I know that EXIT is a must in the next 5 years. 

Systematically, unit value has been eroded.  Terms have been changed without consultation or notification. Access to available exchanges has been poorly served by SVC web & RCI & II.  Calling to book always involved up-selling. Stays at resorts often involved “updates” & the agents clearly are trained to focus on SALES & Up-Selling. My experience at Wyndham Panama City reached a new LOW – check-in delayed & parking tag withheld until we agreed to attend when we clearly stated that we would NOT buy anything new.

In addition, Wyndham competes with Owners underselling rental opportunities on the open market because they have marketing access; pockets revenues and bypasses accounting for local revenues & is not held accountable by our Boards.  They avoided “late payment” fees when maintenance fees on the units they hold missed the payment deadline – paid a single $100 late fee when they should have paid $100/unit. The By-law has been changed to % late fee which harms all the other owners.  Their reps at AGM glibly stated that “if there was money to be made they would have maintained the Sales Office.”  

The Ovation (exit) available to other owner groups has been withheld to CR & CH Owners.  They bought back defaulted deeds at the time of the purchase of SVC to increase their holdings from 4% to 10% & assure “control” AND they (in theory) claim “developer” 4x voting power although they claim they do not exercise that option.  How can a secondary owner claim developer: status when all developer units had been sold? It seems they may have been selling points & other locations memberships from our sales centre and closed quickly – No notice to local members. 

* SVC (Shell) abandoned owners at CR & CH to Wyndham’s cavalier attitude & exploitation of OUR resorts.  Yes, they bring management expertise, but they have used their access to line their own pockets; they do not serve local Owner Member interests. 

Our local Boards have taken the position that they only “manage” the resorts on behalf of Member-Owners.  They have done very little to defend Owner interests in relation to the parent companies – SVC & now Wyndham.  Customer/Owner Services is a farce; all the reps are Wyndham employees defending Wyndham interests.

#17 Julie S

Owner, Purchased: July 2004, Mortgage:  $14,931.00 at 13.65% interest is paid in full 

My complaints are numerous.  The inept team at Carriage Hills couldn’t coordinate anything with Shell Vacations Club for years. The last time we used ours was 2010 because it was no longer worth it. We started to sell it back but got vague messages about lawyers’ fees etc., and more invitations to come to sales presentations.  We were warned by others it was another sales pitch.  

We’ve been “upgraded” to Interval but could never book anything. The cost to work through RCI was more than $200 Canadian, making it more costly.  My husband called the office and spoke to someone about the Ovation program – Carriage Hills was not invited to participate.)

The original Purchase was to include a yearly fee of $619 for Annual Basic charge due to the association.  Yearly fees are up close to $2000 with both “membership” and “maintenance”.  

I looked on websites to book our White Week:

Expedia: Dec 7 – Dec 14, 2019 

Studio / no kitchen:  $105 per night / $735 week (1250 points)

One Bedroom w kitchen:  $153 / $1073 (2300 points)

Two-Bedroom w kitchen: $206 / $1443 (3550 points)

If I didn’t have a $15K investment in Carriage Ridge, I could spend only $1443 Canadian for a 2 bedroom instead of just shy of $2000 each year. There are many parts to why this doesn’t work but it boils down to an “investment” that costs us more per year than someone who didn’t invest.  

This was bought with the idea that it could be traded for a vacation anywhere at a great price.  The $619 per year “Membership Fee” was going to allow a trade to the equivalent of a two-bedroom in Hawaii.

We haven’t pursued selling after learning how many want to sell. 

Thanks for listening.

#18 Don A

Hi Irene,

My wife and I own at the Carriage Hills and Carriage Ridge Resorts near Barrie, Ontario for about 20 years. We have enjoyed our ownership and travelled to many destinations but we are now both seniors. I am 74 and my wife is 67.  

When we purchased we were told that these resorts were special in that we would have titled deeds and as such, they could be passed on to our children or could be sold for a profit since they would surely appreciate in value.

Our children have no interest in them.  There was a sales office on-site up until about 3 years ago. Apparently, these units have no value to Wyndham so we are stuck. Most units are being sold for as little as $1.00. Our maintenance fees have increased by about $1,000. Delinquent owners are being sued for unpaid maintenance fees. Many of the aged owners are finding themselves in a real bind with health problems. The last thing they need is to be sued. 

Wyndham had an Ovation program available to owners of the US timeshare properties, but we seem to not be eligible. We are hopeful that you can bring attention to this dilemma, and that a resolution can be found. Thank you so much for taking up the cause to right this wrong. 

Respectfully yours,

Don and Jo-Anne A

#19 Colin and Mimi S

Hello Irene,

My wife Mimi and I have been owners at Carriage Hills for about 15 to 20 years. We have never been satisfied with it because we were given incorrect information when we joined and despite many efforts have never been able to exit.

Over the last 10 years, we have approached and been approached by several companies offering to transfer our units. We have probably lost about $30,000 trying to exit.  Carriage Hills management has been unhelpful, even when we showed letters about the miss-information we were given when we first signed up.

We are retiring next year and the exorbitant maintenance fees are just too much.

Hopefully, this can be of help to you and to us.

Thank you so much,

Colin and Mimi

#20 Cheryl C

Good afternoon,

Thank you for hearing our voices! I am a 20+ year owner. We enjoy, use and can afford our timeshare. Over the years the fees rose way more than we wanted and exchanging got harder.

For the first time ever, I attended an AGM in 2017. WOW! What an eye-opener! I had no idea that Wyndham had so much power and we had so little.  Wyndham closing the sales office rang some alarm bells as well as owners selling (giving) away for free.

As we became more informed about our situation, I became desperate to find a way out for myself, but especially the elderly owners, those who’ve become sick and those who’ve had financial hardships. It was apparent that not only was it near impossible to give these away but that many owners were falling prey to exit teams who essentially stole their money.

Our Board of Directors has very little power as the cards are stacked in Wyndham’s favour. That situation only seems to get worse every AM as they put their 10% concentrated vote on the candidate of their choice while we scatter our votes among candidates.

Last AGM we were proudly told that we regained our Gold Crown Status with RCI and the next representative from SVC said there is “no market for CH/CR and if there was they’d be selling!”

The attached article is about an 80-year-old couple from Wainfleet, ON. It is almost unbelievable, but this is one of many, many sad stories. We are all in a scheme that means if one owner doesn’t pay, we all foot their bill so we have no option but to send owners to collections for something they cannot use or sell while Wyndham’s CEO Michael Brown brags about putting $1 Billion into expansion. If that is not the epitome of corporate greed, I don’t know what is!

We have pleaded for Ovation but are told it is not available. They referred us to Fidelity (which does not take an upfront fee), but they haven’t sold one of our units in years. 

We are desperate and angry and need a solution. 

#21 Laura F

Hi Irene,

There needs to be an exit available as circumstances change. There should be some method to sell or turn back the property. We were not advised of this.

How I can support efforts to address this issue?

Regards

#22 Jeanne B

My husband and I bought October 2003 for just over $13,000 at Carriage Ridge. At a meeting, the sales team was excited to tell us that if we bought an opposite year for another $13,000+ we could automatically become Shell Vacation Owners and could change from weeks to points. For ten years it was great even though maintenance fees increased as well as Shell membership yearly fees and exchange fees. We all get older and there comes a time to retire and live on pensions. In the last 15 years, Maintenance Fees have doubled to about $1,200 a year. 

I suffered a Thalamic Stroke over two years ago. I am in constant pain on my right side and my blood pressure has been as high as 195/100. My memory has been greatly affected, from spelling, completing tasks, anxiety, depression, etc. I had to leave work. The only income I have is CPP Disability and my husband is on CPP and OAS.

I contacted Wyndham about Ovation. I was passed from one person to the next. Finally, I was told that our Board of Directors does not allow us to use this program. Our Board of Directors denied it and said that it was Wyndham’s decision. I don’t know who to believe. This year someone was interested in buying my timeshare. The buyer wanted to join Shell Vacation and have points instead of weeks but that is no longer an option.   

I have been communicating for 8 months now with Wyndham Staff at Carriage Ridge as well as our Board of Directors. I told them I really can’t afford to pay the maintenance fee. I was told I would be sued. The fees were $1,325.11 and it was not in my budget. I wasn’t able to pay. I received a letter from Derek Beaudoin, Canadian ICR Ltd, a collection agency. Finally, I saved up enough money to pay it and was hit with an additional fee. I asked if this could be waived this was the reply I received from Derek.

Mrs. Boisvenue,

The resort has received your e-mail (below) and forwarded it to us to respond.  The Home Owners Association will not be waiving any of the remaining balance, $341.26.

Please be aware your arrears continue to accrue interest at $0.28/day.

I wrote again explaining my health and financial situation and this is the email I received from Nanci Shepard, Chairman of our Board of Directors on February 22, 2019,

Hi Jeannie,

After lengthy discussion with my fellow board members, we have unanimously decided to NOT waive your late fees. We are very sorry for your health and personal issues but as you state you have been an owner for 15 years so you are well aware that we put these policies in place for a reason. 

We are responsible to make sure the resort runs to above industry standard and we count on every owner to pay their maintenance fees in a timely manner in order for us to do just that.

There will be no further discussions on this matter and we will wait until Derek advises us you are paid and back in good standing.

Nanci 

I wrote and told them they were heartless.  I have to take my blood pressure daily and my Family Physician asked why it fluctuates so much, as high as 160/80 recently, I told him the financial burden this timeshare is and the nightmare it has become. He has warned me the next stroke might be fatal.

This timeshare is like having a noose around my neck. No one in my family wants it. My adopted son suffers from mental illness and lives on ODSP so he can never afford this.

To sum this up, there is no longer a sales office, our maintenance fees more than double in 15 years, late fees 30% in my case, suing delinquent owners, there is no Ovation program, non-owners pay less, rules change without our knowledge, we pay the Wyndham staff, they make it hard to sell, our kids are being forced to inherit a timeshare, ownership/leadership changed, NOOSE AROUND MY NECK.

#23 Trish M

Good evening

I like many others have been an owner at both Carriage Hills and Ridge for 20 plus years. 

The stories we started to hear about people desperate to get out of their timeshare were heartbreaking – the elderly, the sick, the unemployed. And we as owners were suing them for their maintenance fees through the office.

The rates have soared, we paid a huge investment in the beginning and continue to pay maintenance fees – there just isn’t any value in it anymore. Anyone can book off the street while we pay for the upkeep!!  Those who cannot afford the fees are being sued!! It is atrocious in my opinion. Our children do not want it left to them. What young person could afford it?

Many thanks!

#24 Jeff M

Hi Irene 

My wife and I purchased our timeshare in 2008 at 24 and 23 years old. We were basically sold on the premise that we could “get out of it” at any moment. We are stuck paying over 1000 $ annually for something that has no value. This has been the worst financial decision we have made in our lives.

Thank you,

Jeff M

#25 Wenda M

My husband and I purchased at Carriage Hills Resort in January 2000. We were told that we could sell the units when it became the time that we could no longer utilize it. Now as we age and have developed health issues our travel time has been curtailed. We need a viable exit plan. Our costs of annual maintenance fees and membership fee in 2018-19 amounts to almost $5600. This is not sustainable. No way is our son interested in inheriting our mistake. Our debit is ours not his and he is not on the deed.  

We need an EXIT – not just words but an actual plan. 

Wenda M

#26 Sue R

Hello

We own 6 deeds at Carriage Ridge and Carriage Hills Resorts. We purchased our units so that we could travel when retired. We use our points well, able to vacation about 10 weeks a year!  Our maintenance fees for both the Ridge and Hills are approximately 8,000.00 yearly, plus our SVC club fees at approximately 800.00. Now, knowing we may never be able to “get out” makes our stomachs turn! Never, ever, did we think our children could end up carrying our burden! We are not ready to sell but want to know how we can eventually get out of our commitments without having to go bankrupt. 

We would appreciate an acknowledgement that you received our email. Thank you.

Sincerely

Sue R

#27 Tom K

To be provided

#28 Ana N

Good Evening, 

I, too, am a long-time owner (15+ yrs) who was swindled into this so-called investment. We were sold this timeshare that was supposed to be something that could give joy to our family. Instead, it has caused us grief and stress when maintenance fees have doubled. This is not something that we would like our children to inherit and they have made it clear that they don’t want it.  

In addition, it is not something that I can continuously sustain with my husband who was diagnosed with advanced-stage cancer last year and has been in treatment since.

It seems impossible to sell or even give away.  I’ve been looking into selling or disposing of these and reached out to a member of the board who did not even bother responding to me.

We need a solution.  We need an exit plan.  We need help.

Thank you.

Ana N

#29 Jill M

Irene, I am writing to you with regard to my ‘ownership’ at Carriage Hills. I recently purchased resale time – what a horrible mistake! Not only was I completely misinformed by the seller and lawyer, but Wyndham provided zero information or assistance. My greatest concerns are the heavily increasing maintenance fees and the lack of an exit plan. I cannot and will not pass this disaster on to my executors or trustees.

If there is anything that can be done to assist the owners, we need to know now. Ownership falling into default is only going to continue to harm those of us that can’t get rid of our shares.

Thank you for your time,

Jill

#30 Rocky P

Hello Irene, my wife and I purchased a timeshare 20 years ago at Carriage Ridge thorough Shell Vacation Club. Over the years we have had great use but over the last few years have not been able to use it for financial reasons. We are both almost 70 with no pensions. We contacted the new owners Wyndham regarding an exit and we’re told of the Ovation program but have since found out that we are not eligible. We are also told that our children will inherit this increasing debt. This just can’t be right we can’t even give it away. We are lost at to what we can do. 

Anthony and MaryAnn P

In America, parents were paying $600 for an Epi-pen, a life-saving device for children who experience acute asthma. Public outcry resulted in a $200 generic version almost overnight. The draconian policy Carriage Resorts has imposed on loyal customers, who faithfully paid maintenance fees for decades, suing seniors experiencing the stress that comes with ageing, is predatory and unfair. Who would not agree with my statement? Let’s hope lawmakers come to this realization.

Thank you to Carriage owners for speaking up and speaking out. Inside Timeshare will do all in our power to keep this out front to support advocacy efforts.

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

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

https://tug2.com/Home.aspx

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

Thank you Irene, once again we witness disgusting practices by sales agents and the timeshare company fails to recognise that they have a severe problem. It is not just the deceptive practices it is also the age of many of these victims, as we have seen in many cases highlighted by our US colleagues as well as with many of the clients of Silverpoint’s “investments and company participation schemes” this can be clearly defined as “Elder Abuse”. If the timeshare companies are unable to change their practices then is it not time that the law is changed to force them to improve and protect consumers, especially the elderly.

If you have a timeshare problem and would like to know what options are open to you, then use our contact page and get in touch, Inside Timeshare will point you in the right direction.

Friday’s Letter from America

Welcome to another edition of our Letter from America, this week Irene Parker explores the problems surrounding some Canadian Timeshare owners at Resorts taken over by Wyndham. The article also looks at how Quebec is leading the way to protect consumers in Canada. Much of the legislation is very similar to that instituted in Spain, which as we already know has the strongest timeshare laws in favour of consumers in Europe. It does look as though lawmakers in other countries are looking at and using the Spanish model in their bid to protect consumers, this can only be for the best as the industry has failed miserably in this area.

The Hypocrisy of ARDA’s Coalition for Responsible Exit and Wyndham’s Ovation Program for Carriage Resorts Owners

Wyndham’s Carriage Hills and Carriage Ridge Canadian Resorts

By Irene Parker

August 16, 2019

A follow-up to Legacy Resort owners’ lack of a responsible exit

https://insidetimeshare.com/fridays-letter-from-america-62/

It’s been over a year since Quebec passed a law in June of 2018 challenging the perpetual nature of non-deeded timeshare contracts. It is hoped Quebec’s model legislation will be expanded to include other Canadian provinces. The law does not apply to deeded intervals, which are considered real property in Canada.

Legislative Revision to Quebec Timeshares 

A contract related to timeshare accommodation rights is considered a service contract. You may resiliate your contract for other reasons, and you have other rights and recourses (187.13). The verb resiliation means “To draw back from a contract.” Cambridge dictionary (de résilier un contrat cancelling, termination)

Carriage’s draconian policy surpasses anything I have encountered in America. Wyndham acquired Carriage Resorts from Shell Vacation Club several years ago. Carriage Resorts lack of an exit policy is even more disturbing, considering the new president of the timeshare lobby ARDA, is Jason Gamel, Senior VP, Legal at Wyndham. ARDA’s position is that the problem of the lack of a secondary market has been solved by programs like Wyndham’s voluntary surrender program Ovations, and ARDA’s Coalition for Responsible Exit. A quote from an ARDA lobbyist:

“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.

A RedWeek post from a Carriage Resort owner found on the internet (unedited):

I was duped into a gifted timeshare from my father. The story is sad…he is retired and was desperate to get out as he lost most of his retirement money in 2007. So he misleads my husband and I. I contacted Ovation to take the deed back from Carriage Hills resort in Canada and they said NO. Referred to Fidelity who advised THEY HAVE NOT SOLD a Carriage Hills unit IN YEARS! 31 units are listed on Carriage Hills website for $1. Many owners are offering $400 gift certificates. Wyndham is the ring-leader. They should offer Ovation.

https://www.redweek.com/forums/messages?thread_id=20770&page=last

As reported by a Carriage Resort member to another Carriage member:   

By coincidence, I own at Carriage Hills which is the “sister” resort to Carriage Ridge (Simon’s resort) north of Toronto. Both these resorts are deeded timeshares (not points) and unless Wyndham changed their policy and allowed Ovations to take back Carriage deeds, the owners at both these resorts are “stuck” and obliged to pay their fees unless they manage to sell.

The board of Carriage Hills (and I believe Carriage Ridge as well) takes delinquent owners to court to oblige them to pay through a court ruling. The only way out currently is to sell. They are even taking “delinquent” heirs to court for payment of the late fees and say they have been successful. Simon will not be “foreclosed” – they don’t take back any timeshares at all. The owners’ associations at both timeshares cannot “own” any units and Wyndham is uncooperative. 

Wyndham took over these resorts from Shell Vacation Club several years ago and at that time also closed the sales office because they alleged they could not sell the units. Since that time they also have stopped taking back units from owners wanting out. This is a Facebook group which could be helpful (https://m.facebook.com/groups/152117225452689) for Ridge and Hills owners. They discuss “exit” strategies and appeals to the board to find a solution for owners who want to exit, amongst other topics. 

Unfortunately, I don’t have a good answer for you – at Embarc, because it is points and we are members who own no “real estate”, and because Diamond still takes back points to resell, a member has the choice of 1) Selling at around $10 per point (a fraction of the purchase price), 2) asking Diamond to take back the points or, 3) If they refuse, simply not pay one’s fees and points will be eventually forfeited. 

Carriage Hills/Ridge has no such choices – right now, the only thing one can do is attempt to sell to someone else – on Redweek.com, tug2.com or local Kijiji pages. I myself have listed my unit on the Carriage Hills website and am attempting to sell… There doesn’t however, appear to be a similar website for Carriage Ridge owners. 

Excerpt of email to Irene Parker at Inside Timeshare from Simon

August 5, 2019

I reached out to Ovations as you suggested. Wyndham Ovations will not accept our Carriage Ridge Resort in Canada. We purchased this floating week timeshare May 2004 for approximately $13,750. We were told at purchase there would be no problem reselling the timeshare. 

I will be contacting the Canadian Vacation Ownership Association as you suggested. They should know that many Canadians are being harmed. http://www.canadianvoa.org/ 

Simon D

Quebec Bill 178

Under Quebec Bill 178, a service contract can be cancelled under liberal conditions if the purchaser is not getting the benefits of ownership due to medical conditions, availability, or a host of other reasons.  

Introduced 18 April 2018 Quebec National Assembly

Passed 6 June 2018

Excerpt from the bill: “You may resiliate your contract for other reasons, and you have other rights and recourses.”

187.13 A contract relating to timeshare accommodation rights is deemed to be a service contract

http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-178-41-1.html

Quebec’s consumer protection act is not the first time Canada has ruled on the definition of a timeshare. According to a 2017 ruling, the Canadian Court of Appeals defined a timeshare more like a country club than real property.

http://insidetimeshare.com/fridays-letter-canada/

Spain ended perpetual timeshare contracts.

Spain was the first country to rule that perpetual timeshare contracts are illegal. In Spain timeshare contracts purchased in perpetuity, floating weeks, and points-based timeshares have been deemed unlawful by the Supreme Court.

I attended a Florida legislative workshop in Tallahassee March 12 of this year. Hearing lobbyists explain responsible exits and hardship departments, I learned of two parallel timeshare universes – what lobbyists and developers portray to lawmakers – and what over 900 families report is really happening.

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

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

https://tug2.com/Home.aspx

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

Thank you Irene, one thing this article does show is at least some lawmakers are taking an active interest in curbing the excesses of the timeshare industry and giving them some rights under law. I don’t know of any other industry where the consumer has no protection with the laws in favour of the industry, this must change and we are slowly seeing that happen.

Inside Timeshare would also like to apologise for the lack of articles over the past few weeks, August is usually rather quiet so Inside Timeshare has taken the time to have a well earned rest. All will be back to normal in the next week or so.

Have a great weekend.

The Tuesday Slot

Welcome to the latest edition of The Tuesday Slot, as we know Irene Parker has received a subpoena to disclose emails and other documents which she lists in the article. This is a blatant attempt by Diamond Resorts to attack a volunteer who works hard to help others resolve their timeshare disputes, as we all know Irene receives no payment whatsoever for the work she does, neither do any of the other volunteers who have stepped forward to take some of the pressure away from Irene. Please support Irene in whatever way you can.

One thing that Inside Timeshare finds very sad with all this is that a company wants to subpoena one of their own customers, especially to silence one that refused to sign a non-disclosure agreement.

The Subpoena Diamond Resorts sent to me, a volunteer

By Irene Parker

August 9, 2019

Instead of Diamond Resorts, and other developers, acknowledging that they may have a few bad apples, the timeshare lobby ARDA, in cooperation with several developers, has raised $50 million to crush timeshare exit companies, legitimate law firms providing timeshare relief services, and my 81-year-old husband and me.

The Orlando Sentinel supporting Diamond Resorts:

https://www.orlandosentinel.com/business/os-bz-timeshare-castle-diamond-20190719-3zvqhr46yjcnplwm33fyhgm3iy-story.html

HotelBusiness supporting the consumer:

To The Editor:

As a hotel owner and operator, and as an attorney who has represented hotel owners and operators since 1988, I am a regular reader of your publication. At the end of the Mike Flaskey opinion piece, [which appeared in the July 15 issue], you requested comments.

While Mr. Flaskey provides helpful advice for avoiding scams, he and ARDA have chosen to ignore the underlying problem. People wouldn’t become prey for scammers if the companies selling timeshares provided them with a reasonable means of exiting.

There are many reasons people want to sell or otherwise exit; it could be age, changed financial circumstances, changed family circumstances, or simply dissatisfaction with the product that was represented at the time of the high-pressure sales pitch.

(Inside Timeshare article – Six out of eight Legacy Resorts owners have no exit, even for those over the age of 80. A seventh contacted me just before publication, over 80 and disabled, unable to travel.)  https://insidetimeshare.com/fridays-letter-from-america-62/

For Mr. Flaskey to end his opinion piece with the claim, “When people invest in vacations, they invest in happiness and a lifetime of memories,” is to be disingenuous. If timeshare ownership is as picture-perfect as he portrays it, people wouldn’t be getting scammed; people are getting scammed because of their desperation over the inability to find a means to sell or exit their timeshare. – Bill Bowen

I work over 40 volunteer hours per week providing straight answers to about 35 callers per week. I have never been compensated and I have nothing whatsoever to do with a lawsuit Diamond Resorts filed against a Florida law firm. Diamond attempted to subpoena the documents listed below.

This is evidence of extreme retaliation because I listened and responded to over 700 Diamond Resort members as they reported unfair and deceptive sales practices. In 2016 and 2017, the Arizona Attorney General’s investigators listened to over 900 complaints from Diamond members, according to what an investigator told one of our member-sponsored Diamond Facebook members.  

At last year’s Whistleblower Summit and Film Festival held in Washington D.C., I learned that I am a whistleblower. Most whistleblowers are employees, offered some protection thanks to whistleblower laws. At this year’s Summit, I learned laws protecting whistleblowers often fall short. As an individual, I have no protections, save my readers and supporting members of the legal community.

On Tuesday Charles published my highlights from the 8th Annual Whistleblower Summit & Film Festival held the last week of July. My panel discussed ethics and resiliency after retaliation. https://insidetimeshare.com/the-tuesday-slot-42/

There is no question in my mind Diamond’s intentions are to file a SLAPP lawsuit against me. I am guilty of four of the six points below. According to ACLU Ohio:

A large, well-funded organization may be SLAPPed, but more often, individuals with fewer resources are the victims of SLAPP suits.

Examples of Actions Which Have Resulted in SLAPPs: 2

  • Writing letters to the editor
  • Circulating flyers or petitions
  • Participating in a demonstration
  • Filing complaints with a government agency
  • Commenting at public hearings
  • Filing legal claims or lawsuits
https://www.acluohio.org/slapped/what-is-a-slapp-suit

This example of retaliation goes beyond the call of Pro Bono legal representation so I will be launching a GoFundMe as soon as I receive the narrower in scope subpoena. I have already received a multitude of pledges of support.

Subpoena directed to: Irene Parker who is not a party, to produce the items listed at the time and place specified in the attached Subpoena.

DATED this 10th day of July 2019.

Filing # 92298657 E-Filed 07/10/2019 09:16:51 AM

YOU ARE NOTIFIED that after ten (10) days from the date of service of this notice, if service is by facsimile or hand delivery, or fifteen (15) days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the Clerk of this Court for issuance of the attached Subpoena directed to: Irene Parker who is not a party, to produce the items listed at the time and place specified in the attached Subpoena.

Brandon T. Crossland, Esq. Fla. Bar No. 0021542 Primary email: [email protected] Secondary email: [email protected] [email protected] Christa C. Turner, Esq. Fla Bar No. 0076627 Primary email: [email protected] Secondary email: [email protected] BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Post Office Box 112 (32802) Orlando, Florida 32801 Telephone: 407.649.4000 Telecopier: 407.841.016 8 Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on July 10, 2019, I electronically filed the foregoing document with the Clerk of the Court by using the Florida Courts E-Filing Portal, which will send a Notice of Electronic

DEFINITIONS AND INSTRUCTIONS

1. The term “document” or “documents” refers to any printed, written, taped, recorded, graphic, electronic, computer materials, or other tangible or intangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither, which contains information or from which information can be obtained and which is in Your possession, custody or control, including, but not limited to, the original, a copy (if the original is not available), and all non-identical copies (whether different from the original because of notes made on or attached to such copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, facsimiles, emails, text messages, contracts, proposals, agreements, minutes, acknowledgments, notes, memoranda, analyses, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, or recordings, photographs, pictures or film, ledgers, registers, work sheets, summaries, digests, financial statements, pictures, videos, audio recordings, and all other information where data, records or compilations can be obtained, including all underlying, supporting or preparatory material now in Your possession, custody or control. The term “document” or “documents” specifically includes documents kept by individuals in their desks, at home or elsewhere.

2. The term “computer materials” shall mean any and all files from any personal computer, notebook or laptop computer, file server, minicomputer, main-frame computer, or other storage device, including, but not limited to, hard drive disk drives or backup or retrieved electronic information, including, but not limited to email. All relevant files that are still on the storage media, but are identified as “erased but recoverable,” are to be included.

3. The term “copy” when used in reference to a document means any color, or black or white facsimile reproduction of a document, regardless of whether the facsimile reproduction is made by means of carbon papers, pressure-sensitive paper, xerography or other means or process.

4. The term “communication” or “communicate” means any writing, or oral conversation, including, but not limited to, telephone conversations and meetings, letters, emails, text messages, emails, telegraphic and telex communications, and includes all information

relating to all oral communications and “documents” ( as hereinabove defined), whether or not any such document, or the information contained therein, was transmitted by its author to any

other person.

5. The term “person” means any natural person, any employer, any business entity (whether a corporation, partnership, or other business association), any government or political

subdivision thereof, or governmental body, commission board, agency, bureau or department.

6. “Lawsuit” means the lawsuit filed by DRC against Finn Law Group, P.C., Finn Law Group, P.A., and Michael Finn in the Circuit Court in and for Orange County, Florida and

bearing Case No. 2017-CA-006199-O.

7. “You”, “Your”, and “Parker” means Irene Parker and your agents, representatives, directors, officers, members, employees, attorneys, accountants, predecessors, successors, assignors or assignees, and anyone else acting on its behalf or subject to your control.

8. “DRC” means Diamond Resorts Corporation and its agents, representatives, directors, officers, members, employees, attorneys, accountants, predecessors, successors, assignors or assignees, and anyone else acting on its behalf or subject to its control.

49. “Finn” means Finn Law Group, P.C., Finn Law Group, P.A., and Michael Finn and their agents, representatives, directors, officers, members, employees, attorneys, accountants, predecessors, successors, assignors or assignees, and anyone else acting on their behalf or subject to his control.

10. “Diamond Customers” means any individual(s) and/or entity that purchased, owns and/or holds a Vacation Ownership Timeshare Interest with Diamond Resorts Corporation, or

one of its separately named and operated affiliates, parents, or subsidiaries.

11. To the extent that You consider any of the following requests objectionable, respond to so much of each Request and part thereof, as is not objectionable in Your view and separately state that part of each Request as to which you raise objection and each ground for

such objection.

12. If You object to the identification of any document on the basis of attorney/client or work product privilege, identify the privilege claimed as well as each document for which such privilege is claimed, together with the following information with respect to each such document: a. Date; b. Sender; c. Addressee; d. Subject;

e. The basis on which the privilege is claimed; and f. The names of persons to who copies of any part of the document were furnished, together with an identification of their employer and their job titles.

13. You shall produce the documents requested herein as they are kept in the usual course of business or You shall organize and label them to correspond with the categories in the request.

SCHEDULE “A”

1. Produce any and all contracts, agreements or any other arrangements between you and Finn.

2. Produce any and all contracts, agreements or any other arrangements between you and Finn regarding Diamond Customers.

3. Produce any and all engagement agreements between you and Finn wherein Finn agrees to provide you with legal services.

4. Produce any and all invoices, bills, or other requests for payment from Finn to you since January 1, 2015.

5. Produce any and all documents, checks, or bank statements evidencing any payment from you to Finn since January 1, 2015.

6. Produce any and all documents, checks, or bank statements evidencing any payment from Finn to you, whether direct or indirect, since January 1, 2015.

7. Produce any and all communications and emails between you and Finn regarding Diamond Customers from January 1, 2015, through December 31, 2018.

8. Produce any and all communications and emails between you and Finn regarding Finn’s solicitation of, a referral to Finn by you, or Finn’s potential representation of Diamond Customers from January 1, 2015, through December 31, 2018.

9. Produce any and all communications and emails between you and any Diamond Customers from January 1, 2015, through December 31, 2018.

10. Produce a list of Diamond Customers that were referred by you to Finn from January 1, 2015 through December 31, 2018.

11. Excluding communications where you were requesting that Finn provide you with legal advice regarding articles, blogs, or social media posts that you have written, produce any and all communications and emails between you and Finn that relate to DRC, timeshare, or timeshare owners from March 1, 2015, to December 31, 2018.

12. Produce any and all communications and emails between you and Finn regarding the Lawsuit.

13. Produce all blogs, articles, editorials, commentaries, exposes, FaceBook posts, or other social media content written, in full or in part, by you from January 1, 2015, through the date of the Subpoena.

14. Produce any and all communications and emails between you and Inside Timeshare regarding Diamond Customers from March 1, 2015, through December 31, 2018.

15. Produce any and all communications between you and Greg Christ regarding DRC, timeshare, or timeshare owners from March 1, 2015, through December 31, 2018.

4826-7592-6394.1

Page 7

Our Diamond Member-Sponsored Facebook has over 3,400 members.

We seek to provide Diamond Resort 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/groups/DiamondResortsOwnersAdvocacy/

What the Diamond Resort Owners Advocacy Facebook is not: 

If members join our Facebook only to express displeasure, they are better served by posting on Trip Advisor. While venting may make a person feel better, ranting on a complaint site will do nothing to change what we feel are unfair and deceptive business practices, as defined by the FTC and the FBI.

Timeshare Accountability Group™

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

Timeshare Advocacy Group™ was launched by a small group of advocates concerned about the volume of timeshare complaints found on the internet directed against Wyndham, Bluegreen, Diamond Resorts, Westgate, Vacation Village and a few others. Disney Vacation Club has almost no complaints. Hilton and Marriott have few complaints.  

We hope the lessons learned by consumers who purchased a timeshare product they did not understand will reach the general public so prospective timeshare buyers know what questions to ask before buying or upgrading a timeshare.

We hope the lessons learned by consumers who purchased a timeshare product they did not understand will reach the general public so prospective timeshare buyers know what questions to ask before buying or upgrading a timeshare.

http://insidetimeshare.com/fridays-letter-america-16/

TAG has also received Sell My Timeshare Now complaints. It has been widely reported Diamond points have no resale value, yet SMTN charges already financially distressed members $1499 to $1699 for ads to list points.  

http://insidetimeshare.com/tuesday-slot-irene-5/

We don’t mind if industry insiders or Diamond employees join our Facebook as long as they are respectful. In fact, we encourage this hoping they will confront the serious problems we have uncovered.

Other Member-Sponsored Facebook pages and resources

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

https://tug2.com/Home.aspx

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

New:

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

Thank you Irene, I am sure that once you launch the GoFundMe campaign many of our readers will be donating. What Inside Timeshare will say is this, Irene has worked tirelessly giving up her free time for this cause, please show your support and make a pledge now. Use our contact page and show your support.

Friday’s Letter from America

Welcome to this week’s edition of Letter from America, but first some breaking news from Tenerife. As we already know several companies owned and operated by Mark Rowe, are under investigation in the UK by the Regional Organised Crime Unit, Somerset & Avon Police following raids in the UK and Tenerife. We also know that his company ABC Lawyers Ltd is also in liquidation, now Inside Timeshare has heard that the authorities in Tenerife have now raided his offices in Fanabe. One of the companies based there is Timeshare.Lawyer under the umbrella of Advanced Business Consultants Legal SL. It certainly looks like time is running out for Mark Rowe.

Now for today’s Letter from America, this is not the article we had scheduled as we have delayed publishing the subpoena Diamond Resorts attempted to issue Irene until Tuesday. As you will read in today’s article, Howard Nusbaum, the former president of ARDA, is also a former senior partner at Baker Hostetler, Diamond’s outside counsel in their case against a Florida law firm. This gave us pause. Irene will be doing a little more digging as this adds support to our belief this subpoena is a less than subtle form of harassment. Today’s article offers proof that there is no responsible exit for many fully paid timeshare owners.  Baker Hostetler explains why.

When ARDA’s Coalition for Responsible Timeshare Exit Fails:

What Happens Next?

Six out of Eight Legacy Resorts have no Responsible Exit, according to eight “Free at Last” participants, reporting what happened when they sought a responsible exit

August 9, 2019

This is the first of four articles summarizing 21 timeshare members piloting the Free at Last Online Timeshare Support Course, sponsored by the nonprofit Straight-A Guide. The next three articles will report on Travel Clubs, timeshares purchased in foreign countries, and point-based timeshares.

I direct callers seeking timeshare release to reach out first to ARDA’s Coalition for Responsible Exit, or to the timeshare company if the timeshare company does not participate in ARDA’s responsible exit coalition.

Straight-A Guide helps 100,000 prisoners a year transition back to society through self-advocacy. Their customers are prisons. Our Free at Last participants learn how to self-advocate.

Legacy Resorts are single-site, older resorts. Of our eight Legacy owner participants, so far only two were able to work with their resort to take back their unwanted timeshare. One owner was able to deed back to Colorado River Adventures and one owner was able to deed back to Festiva.

There is no responsible exit for Legacy Resorts owners at Eagle Crest, Broadway Plantation, Lehigh Resort Club, and Wyndham Carriage Ridge in Canada, The Seasons in Vermont, or Bellavista. Six out of the eight Legacy resorts have no responsible exit! The only choice for these owners is foreclosure if the resorts will not provide a responsible exit. Three of the owners are over 80 years old and have been paying maintenance fees for decades, two only using the timeshare once or twice over the decades. 

Mr. Kenneth McKelvey, founder of Defender Resorts and Chairman of the timeshare PAC ARDA ROC, testified at a legislative workshop held in Tallahassee Florida March 12, 2019, that attorneys and timeshare exit providers are not needed. He made these comments at the Florida legislative workshop:

“Most of the developers I know, and certainly most of the timeshare managers I know, and I managed timeshare properties for thirty years… every single resort had a dissolution policy, every single one! There was a way to get out. You had to come to your management company, and based on what the board of directors instructed us to do in the terms if they had to pay a fee or if they had to be current, whatever those situations were, we did not have one that did not have a dissolution policy and a hardship policy …”

We hear from many seniors forced to endure the demeaning foreclosure process, despite maintaining a high credit score their whole life. Lately, there have been complaints from millennial buyers, as the industry is targeting that demographic. Some seniors tell me they don’t care anymore about a drop in their credit score as they are set, but those in their 30s see their credit score ruined along with their chances to buy a home. The foreclosure process can be overwhelming without support.  

The industry calls the vehicle used when a timeshare contract is transferred to fictitious individuals or a fictitious LLC a “Viking Ship,” so-named because Vikings used to stack their dead on a ship, set it on fire, and send it out to sea.

ARDA and the law firm Baker Hostetler published these comments about Legacy Resorts:  

COVER STORY • Many legacy timeshare resorts are struggling to survive: why?

Vacation Ownership WORLD contacted some of vacation ownership’s leading figures, as well as experts on the subject, and asked them about a much-discussed matter within the industry: why are so many legacy timeshare resorts having such a tough time and what can be done about it? Many of these resorts are failing due to an assortment of problems that include: a lack of professional management; a lack of adequate reserves; a resistance by the HOA board of directors to impose an adequate assessment for operating expenses; an underperforming or non-existent external exchange relationship; an aging owner base that no longer uses the resort or that wants to exit ownership but is generally unable to; and, diminishing resort maintenance standards. ARDA President and CEO Howard Nusbaum and senior partner in the Orlando office of Baker & Hostetler and ARDA treasurer and Board member Rob Webb offer their viewpoints on this issue. This is the first of a two-part story; the second article on the subject will appear in the next issue.

https://www.bakerlaw.com/files/uploads/Documents/News/Articles/BUSINESS/2014/January2014VacationOwnershipWorldWebbArticle.pdf

A quote from an ARDA lobbyist:

“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.

Based on complaints from over 900 families, this lobbyist is out of touch with reality. Just two exit companies I spoke with received 3,000 to 3,500 calls per month from desperate timeshare members seeking release.

Legacy Owner reports by Free at Last participants 

#1 Unresolved – Robert Kennedy is 81 years old. He seeks release from Eagle Crest in Oregon. In 2017 I published an article in which I interviewed an Eagle Crest collection agent. The interview was in regard to problems Eagle Crest owners experienced when they contacted a fraudulent timeshare transfer company. It’s no wonder Eagle Crest owners are going through this.

At age 81, I have a credit score of 819 but now must face a foreclosure.  At our age, we no longer are able to travel as we once could. We will not continue to pay maintenance fees for something we no longer want or need.

Robert sent his request for release to the following individuals:

To: Jerry E Andres, CEO Eagle Crest

https://www.bbb.org/us/or/redmond/profile/resort/eagle-crest-resort-1296-50002619

Jason Gamel, ARDA President

[email protected]

Ken McKelvey, CPA, ARDA ROC President

[email protected]

https://www.defenderresorts.com/contact-us/

Greg Crist, Association of Vacation Owners

[email protected]

Mr. Andres

After Eagle Crest said they would not help me, I contacted Irene Parker at Inside Timeshare. Ms. Parker told me to contact ARDA’s Responsible Exit program.  I went to ARDA’s Responsible Exit Website, but Eagle Crest does not participate. We purchased a floating week 33 years ago and have faithfully paid maintenance fees for 33 years.  https://responsibleexit.com/

I would like to ask Mr. Andres why Eagle Crest does not have a responsible exit program. I have grandchildren, great-grandchildren, and great-great-grandchildren. As a result of my experience, they have learned not to get involved with timeshare. 

I contacted members of the Licensed Timeshare Resale Broker Association. They said they were not interested in helping us.  Others need to be warned about the dangers of becoming involved with timeshare.

Robert Kennedy

#2 Unresolved Simon D, Canada

Carriage Ridge Wyndham 

To Irene Parker at Inside Timeshare

August 5, 2019

I reached out to Ovations as you suggested. Wyndham Ovations will not accept our Carriage Ridge Resort in Canada. We purchased this floating week timeshare May 2004 for approximately $13,750. We have no loan.

We were told at purchase there would be no problem reselling the timeshare. Ovations will not take it back so isn’t it false advertising to say that they have a program for fully paid members when they don’t? I tried selling the timeshare. No one wants it. Availability has been an issue.

Why are consumers put in the position of being held hostage with no choice but to foreclose? Who, understanding that buying a timeshare is something you can’t get out of unless foreclosed, would buy one?  Especially when the buyer is told, like we were, it would be easy to sell.

I will no longer pay maintenance fees. I will be contacting the Canadian Vacation Ownership Association as you suggested. They should know that many Canadians are being harmed and Wyndham should not falsely advertise that the problem of no secondary market for timeshares has been solved. It’s not true. Thank you for the websites you provided. At least I know others are experiencing the same.  

http://www.canadianvoa.org/

https://www.shellhospitality.com/hotels/carriage-ridge-resort-and-carriage-hills-resort

https://www.myclubwyndham.com/mycw/happening/news/ovation-by-wyndham.page?

This comment was posted on RedWeek:

I was duped into a gifted timeshare from my father. The story is sad…he is retired and was desperate to get out as he lost most of his retirement money in 2007. So he misleads my husband and I. I contacted Ovation to take the deed back from Carriage Hills resort in Canada and they said NO. Referred to Fidelity who advised THEY HAVE NOT SOLD a Carriage Hills unit IN YEARS! 31 units are listed on Carriage Hills website for $1. Many owners are offering $400 gift certificates. Wyndham is the ring-leader. They should offer Ovation. https://www.redweek.com/forums/messages?thread_id=20770&page=last

#3 unresolved – a Medical Doctor

We purchased a Broadway Plantation timeshare in Myrtle Beach, a floating week, a long time ago for about $17,000. I have never used it. I have paid maintenance fees for many years. We were told the timeshare would be easy to sell.

I reached out to ARDA as they say timeshare now has a Responsible Exit program. When I contacted Broadway Plantation they said they do not take back timeshares. If there is a responsible exit, why doesn’t Broadway Plantation have one?

I feel defrauded, cheated and abused by the timeshare industry. Having an every other year timeshare for a single week has been a waste of money.  When I tried to use it, there was no availability. I have no intention of ever paying you any more money. I am 70 years old.   

#4 Unresolved S E

July 20, 2019

I am helping my father. He is age 83. Bellavista was purchased six or seven years ago. We are current with maintenance fees, no loan. He was delinquent with maintenance fees, he settled for about half what he owed..

#5 Inez

At age 87, I have been paying maintenance fees since 1991. I only used the timeshare a couple of times. We purchased Lehigh Resorts in 1991 in Florida. We have no loan. I’ve only used it twice since 1991. When I first bought it the maintenance fees were $300. Now they are $670. They said they would not take it back.

#6 Melissa

I purchased a timeshare a long time ago at The Seasons in Vermont. They will not take back the timeshare. I have filed a complaint with the Vermont Attorney General.

Melissa was provided with the following in writing at the time of purchase, statements in printed literature and in an email Melissa received from a Sugarbush manager dismissing her complaint:

  1. Our current owners are renting for premium dollars and receiving a very high rate of return on their investment, because of supply and demand. 
  2. If you rent your unit for less than 15 days/year, the rental income will not be includible in income–thus the income is tax-free and you would still be able to deduct your interest payments.
  3. The timeshare won’t be difficult to resell due to the lack of accommodations in the Sugarbush area (supply and demand). 
  4. Don’t listen to family & friends because it is an investment and a guarantee that we would take a vacation every year.

In addition to our 21 Free at Last participants, Inside Timeshare has received many complaints from Americano ARC owners. They are required to spend $5,000 to $6,000 for an RCI points-based Travel Club called Freedom 365 in order to be released from their timeshare they bought decades ago. We will address their concerns on Friday when we look into Travel Clubs.

I have grouped our 21 callers into the following groups:

  1. (7)Legacy resorts (pre-dating points),
  2. (5)Travel Clubs,
  3. (2)Timeshares bought in foreign countries,
  4. (7)Points-based timeshare 

Please Sign this Petition to Reform Timeshare:

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

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

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

https://tug2.com/Home.aspx

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook

https://www.facebook.com/groups/2213231165610648/?ref=bookmarks

Well, that is all for this week, as you will have noticed Inside Timeshare has been a little sparse this week, August tends to be rather quiet as it is the main holiday month, very little news coming from the courts and elsewhere. But keep on checking, we never know when another story will break and as it does we will bring you the news right here.

Have a Great Weekend and join us again next week.

The Tuesday Slot

Welcome to another edition of The Tuesday Slot, this week we welcome back Shielah Brust with her article on Unfair and Deceptive Sales Practices. It is in response to the industry’s claim that timeshare members are being subjected to “Deceptive Timeshare Exit Practices”, yet we at Inside Timeshare receive many complaints on this subject by the industry’s very own sales agents. If Michael Flaskey wants these exit companies to be regulated then the industry should also take a very close look at itself. We do agree that there are some unscrupulous “Exit” companies, but at the end who is actually to blame for their creation in the first place? 

To: Michael Flaskey, Diamond Resorts CEO

The Unfair in Unfair and Deceptive Sales Practices

Timeshare Exit Companies have little to fear if they are to be regulated like Florida timeshare

“The long term strategy is, if there are (exit) companies out there that really are legitimate, which we haven’t seen yet,” Flaskey said, “then they need to be regulated the same way our (timeshare) industry is regulated.”

                                                             Michael Flaskey, Diamond Resorts CEO

https://www.orlandosentinel.com/business/os-bz-timeshare-castle-diamond-20190719-3zvqhr46yjcnplwm33fyhgm3iy-story.html

Testimony from the Florida Legislative Workshop March 2019

Victoria Butler, from the Florida Attorney General’s Department of Consumer Protection, reported a figure of 1,500 to 1,600 timeshare 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, the Department of Business and Professional Regulation (DBPR), engaged only 42 complaints, the majority concerning resale.

By Shielah Brust

Tuesday, July 30, 2019

I am writing in response to the article linked above written by Chabeli Herrerra of the Orlando Sentinel. In the article, Mr. Flaskey expresses his concern over timeshare members experiencing deceptive timeshare exit sale practices.  Based on Diamond Resorts complaints reported by many members of our self-advocacy group, and dismissals received from DBPR, there is little to no timeshare regulation in Florida. DBPR backs up Diamond’s “You signed a contract” defence with “Verbal representations are hard to prove.”

While many Diamond members have had disputes resolved, the process requires endless rebuttals and often regulatory and law enforcement filings. In addition, we have sent more than 200 complaints to the timeshare lobby ARDA and ARDA ROC. Mr. Flaskey sits on ARDA’s Board of Directors. 

To take the “un” out of “unfair” timeshare buyers should be allowed to record the sales session. I am one of 101 Diamond Platinum members who have reported unfair and deceptive timeshare sales practices. In our case, we even have our “pencil pitch” that proves we were pitched a nonexistent maintenance fee relief program. One need not read any further than $8631 – $8631 = no maintenance fees. My DBPR investigator, when she first saw my proof, said, “I can’t believe they let you walk out with that paperwork!” Our 2017 “pencil pitch”:  

Three complaints and one lawsuit have been filed against Brad L, a sales agent at Daytona Beach Regency. Only the most recent of the four complaints resolved. A VIP at Diamond corporate told us in 2018 that they agreed Brad L’s explanation was confusing. As a result, they said they changed the way agents present the program. However, a year later, in 2019, the fourth complaining member produced a “pencil pitch” identical to ours. Only the numbers vary.

In 2017, Brad L told us to “wait a few months before turning in points to pay maintenance fees because the website (member page) was being rebuilt so that the member would be able to view a split-screen showing promised double points.” Two years later, in 2019, Brad told complainant #4 to wait a few months before checking because the website was being rebuilt.  

Also unfair is the recording of the QA closing session. The recording is routinely used against the member. Complaints are dismissed because the buyer did not ask questions in regard to what they were promised.

Members often report how they were coached on how to “pass” QA. The member believed the sales agent so did not ask questions. A member can only access the recording by subpoena, meaning the member must retain a lawyer in order to view it.  

This recording of the QA session was sold to the Arizona Attorney General as “enhanced training” after the Arizona Attorney General issued an Assurance of Discontinuance. Their office received hundreds of complaints during 2016 and 2017. From the AOD:

IV Assurances

“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:

  1. Sales agents should not deviate from sales material
  2. Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

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

Since 1994, we have spent over $200,000 on Diamond points, not including maintenance fees. We have been fighting Diamond for over 18 months. Of the 101 Platinum member complaints, approximately half are about members purchasing additional points based on overstated maintenance fee relief programs and the rest the ability to sell points. Diamond points are worthless on resale, and the only program to be relieved of maintenance fees would relieve only $2,000 towards an $8600 maintenance fee, and the member is charged $100 to do so.

  • Mr. Flaskey, consider believing your highest loyalty customers over sales agents that have had multiple complaints filed against them.
  • Allow buyers to record the sales session. Why would you not allow this?
  • Florida needs to become a one-party state so the buyer can legally record an in-person presentation if Diamond will not allow the sales session recorded.
  •  Allow a 24 hour “cooling off” period so buyers can breathe before signing a perpetual contract, easily sold by deceit, accompanied by annual maintenance fees, and no secondary market.

Diamond’s lawyers twisted our written proof to mean what they wanted it to mean and twisted our words to mean what they wanted our words to mean. After Diamond allowed Brad L to answer the complaint his way, DBPR closed my case.

A letter of denial from Julia Russell, Consumer Legal Affairs Paralegal, and Russell Burke, Diamond in-house counsel, corporate headquarters, stated it was their understanding I refused to meet with the DBPR in person. I sent them the email requesting a meeting. I informed DBPR I would be in Orlando on May 16, 2019, and would bring boxes of emails, texts and other information.

I offered to meet with the DBPR reviewers. I told them I would be in Orlando. When I went to their office on May 16, 2019, their door was locked and a security sign was posted on the door.

Hard-working people who had been loyal Diamond members for years now devote a considerable amount of time reaching out to lawmakers, the media, and regulators asking the government to take a hard look at the way timeshare companies are destroying many families financially, mentally, and even physically. I will continue to fight to help others and file complaints with governmental and law enforcement agencies. Here’ how to file with the FTC and the FBI:

https://insidetimeshare.com/fridays-letter-from-america-47/

We advise members to send complaints to ARDA President Jason Gamel, also Sr. Legal VP for Wyndham, ARDA ROC, Apollo Global Management, Diamond Resorts CEO Michael Flaskey, Ashley Moody, Florida Attorney General, and Barclay’s Bank, if a credit card was involved. 

Florida’s Department of Business Practice and Regulation (DBPR) response to our complaint after I asked why the Arizona Attorney General launched an investigation based on a volume and pattern of complaints:

As you are aware, alleged verbal misrepresentations are very difficult to prove in light of the written documents and disclosures.  In terms of evidence, we rely on these documents to prove or disprove the allegations. The actions taken by other state agencies are not evidence of the alleged misrepresentations related to the sales transactions conducted in Florida.  Based on our review, it did not appear that the information provided to you by the sales agents were false and misleading. Lack of clarity could be an issue but that in itself cannot be considered a violation. We are not sure if the sales agent had voluntarily provided the hand-written notes or you had kept them on your own.  If there are discrepancies between the notes and what was actually received in terms of points, we will address that issue.

Brad’s explanation:

Brad said we paid $8,631 in maintenance fees for 50,000 points in 2017.  Following Brad’s logic, we could eliminate $8,000 of the increased $11,252 maintenance fee (due to the purchase of 15,000 additional points), by taking advantage of this new program. From Brad’s notes:

65,000 own                $8,631 current maintenance fees before 15,000

 65,000 given               2,621 maintenance fees on the new 15,000

130,000 points           $11,252 Total maintenance fees with new 15,000

  50,000 if used           8,000 Less reimbursement check

  80,000 left                  $3,252 Maintenance fees still owed        

x $.10 reimbursed

EXCEPT THERE WAS NO 65,000 POINTS GIVEN!

$8,000

Diamond’s Clarity™ promise launched after Mark Brnovich, Arizona Attorney General, issued an Assurance of Discontinuance:  

The CLARITY Promise:

With this clear, concise and consistent information, consumers can easily determine whether the Diamond Resorts hospitality experience is the right decision for them and their families.

https://www.businesswire.com/news/home/20170123005839/en/Diamond-Resorts-Launches-New-National-Customer-Service

Diamond’s Response:

On April 5, 2018, we received a call from a DRI Hospitality agent. They found no wrongdoing. This is part of what she said to us. 

I definitely agree that your confusion of that process is warranted. I have spoken to our legal team and sales team and we agree the double point explanation is definitely something that could have been misconstrued or seen as confusing by members or purchasers.

We have made changes to the way that information is given at the time of sale but we have to say the stance we take on this is: because there may have been some confusion on how you may use those points to create savings for yourself doesn’t make the explanation illegal.

According to the Federal Trade Commission Section 5

An act or practice is deceptive where

  • a representation, omission, or practise misleads or is likely to mislead the consumer;
  • a consumer’s interpretation of the representation, omission, or practice is considered reasonable under the circumstances; and
  • the misleading representation, omission, or practise is material.

https://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf

I hope Ms. Herrerra will write a story for the people’s side.

Sincerely, Sheilah Brust, a Diamond Platinum member in foreclosure

Pictured from left: Anna and Diamond Platinum members Cindy, Patty and Sheilah

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

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

https://tug2.com/Home.aspx

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

Free at Last Facebook

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

Sapphire Starpoint New: 

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

Thank you Shielah for a very interesting article and for taking the time to write it, you have certainly made some very interesting points. Inside Timeshare will continue to publish the concerns of these practices by the timeshare industry as well as exit and resale companies who use these same techniques.

Tomorrow Inside Timeshare will be publishing more on the Anfi story regarding the intervention of the Provincial Prosecutors Office, we will be publishing a news item aired by TVE 1 News which is Spanish National Television. It includes an interview with the Canarian Legal Alliance Lawyer Eva Gutiérrez.

Friday’s Letter from America

Welcome to another edition of our Letter from America, this week Irene Parker writes about the upcoming Whistleblowers Summit & Film Festival. The term Whistleblower refers to someone who is making public information which they feel morally and ethically to be the right thing to do. It may be highlighting abuses of power by government, unfair working conditions by companies or even abuse of the elderly by care home providers. Whistleblowers are needed and should be thanked for what they do for the general good and not for profit.

The 8th Annual Whistleblower Summit & Film Festival

Washington D.C., July 29 – August 1

http://whistleblowersummit.com/summit_at_a_glance/

By Irene Parker

July 26, 2019

The 8th Annual Whistleblower Summit will be held July 29 through August 1 in Washington D.C. Attending the Summit last year was an eye-opener. I heard from like minds, unafraid to speak truth to power and hold the powerful accountable. This year I am honoured and grateful for the opportunity to participate as a panel participant in a Summit discussion called:

The Resilient Advocate – Elements Ethics and End Results

Panel members will discuss how resiliency skills helped them cope with stressful situations. Concepts surrounding resilience include mindfulness, meditation, gratitude and forgiveness of self and others.

I am listed as Irene Parker, Court Appointed Special Advocate (CASA)

I am not at present, an active CASA, but once a CASA, always a CASA at heart. I first became involved with CASA in Bowling Green, Kentucky in 2009 as a CASA volunteer. Later, I served as a paid CASA supervisor until 2012.

A CASA is a voice for a child in state care, a voice for the voiceless. A CASA’s duties include interviewing the child, the child’s biological parents, foster parents, and others involved in the child’s life. The CASA may not agree with the wishes of the child but assures the child that the court will hear what outcome the child wishes. As supervisor of 27 CASA volunteers, I edited volunteer court reports and wrote court reports for cases unassigned.  

In Florida where I live now, the program is called Guardian Ad Litum.

Skills learned at CASA provided me with the foundation to assist victims of timeshare fraud – timeshare members who wish to voice their concern about unfair and deceptive timeshare sales practices.

As in the case of any family in crisis, explanations are usually confusing and convoluted. I liken it to a witness describing what happened after a serious auto accident. When contacted by a timeshare member, I frequently ask, “What do you mean by that?” or “Can you provide an example?”

I have heard from over 900 families reporting unfair and deceptive timeshare sales practices, including 116 veterans and active duty service members. An active duty service member can lose his or her security clearances, and their career, over a timeshare foreclosure. More than a few families have been financially devastated, including a Navy veteran and retired postal worker forced to seek bankruptcy protection after being up-sold to $2,700 a month in timeshare loan payments. 

The Resilient Advocate – Elements Ethics and End Results

The panel discussion will be led by the founder of Whistleblowers of America, Jacqueline Garrick, and a Department of Justice Whistleblower.

www.whistleblowersofamerica.org

A Navy veteran introduced me to Jackie after the veteran successfully resolved their timeshare dispute following our principles of self-advocacy. An obvious “bait and switch” left the veteran encumbered with a large loan. The purchase was presented as a way to reduce annual maintenance fees, but the opposite occurred. Knowing the veteran, and having received other complaints against the same sales agent, it was not difficult to know who to believe.  

Panel Discussion     

Resilience is the state of mind, body and spirit that allows a person to overcome adversity and experience growth. Therefore, the resiliency skills needed to overcome whistleblower retaliation.

  • There is no denying that whistleblowers face societal stigmas and negative responses for their disclosures
  •  These negative connotations have a psychological impact on ethical people who faced difficult decisions and took the high road to do the right thing
  • Most whistleblowers face years and years of retaliation, harassment and discrimination
  • They are at constant risk of losing financial stability, social status, and family security. Their physical and emotional health is impacted as a result.

Other panel participants include:

Maureen Elias, Deputy Director, Veterans Health Council of Vietnam Veterans

Richard Hill, MD, Retired Primary Care Physician

Ms. Heidi Weber, Associate Producer, Whistleblower on CBS

“Toxic Tactics” of Retaliation that have affected my family:

a.      Gaslighting – challenging the memories or ethics of the whistleblower –  making you question yourself

b.     Mobbing – getting others to conspire against or spy on the whistleblower

c.      Accusing – refocus on the whistleblower as the wrongdoer

d.     Harassment and (in my case a threat of) violence

e.      Emotional abuse, humiliation

f.       Legal and financial challenges 

What advice would I give to others thinking about blowing the whistle?

·        Understand the Pandora’s Box you are opening and the long-term implications to your family when opened

·        Recruit a team to aid in your efforts to ensure your efforts will continue if stifled or delayed due to the above mentioned retaliatory tactics

·         Recognize the extent of loss your family may experience as the result of “poking the bear” in an effort to right wrongs

While the timeshare lobby and political action committee ARDA and ARDA ROC recommends timeshare members contact their state Attorney General in regard to companies that provide exit services, I have suffered retaliation for encouraging timeshare buyers to contact an Attorney General if they feel they experienced unfair and deceptive timeshare practices. Timeshare sales agents are emboldened by the oral representation clause timeshare attorney Mike Finn described as “a license to lie” in a 2016 New York Times article written by Pulitzer winner Gretchen Morgenson.

The Timeshare Developer and Lobbyists Pot Calling the Kettle Black – There are unfair and deceptive practices on both ends of the timeshare transaction.

The rash of complaints and legal proceedings prompted the American Resort Development Association (ARDA) to issue a warning to consumers about these (exit) companies, encouraging owners who believe they have been unfairly taken advantage of or defrauded to contact their state Attorney General, local law enforcement or ARDA directly.

At least 200 complaints from timeshare members in our advocacy group have forwarded their complaint to ARDA and ARDA ROC. To my knowledge, all complaints have been ignored. The Board of Directors of ARDA ROC (Resort Owners Coalition) is staffed with timeshare executives.

(BBB) RECOMMENDATIONS FOR THE INDUSTRY

The link below is a timeshare report warning consumers to beware of unfair and deceptive trade practices prepared by the St. Louis BBB, with input from the Missouri Attorney General’s office.

RECOMMENDATIONS FOR GOVERNMENT

  • Tougher law enforcement action. Regulatory agencies have reported receiving an increasing number of complaints about the timeshare industry. Bringing action against any bad actors in the industry could help consumers and deter companies from violating consumer protection laws.
  • New laws. BBB hears from many senior citizens who have been affected by the timeshare industry. Missouri legislators should consider special protections for those 65 and older who enter into agreements with timeshare and travel club companies. An extended right of rescission period could help seniors who may not totally understand what they have purchased. All consumers should receive pertinent information – such as access to websites and passwords – at point of purchase so that they can check potential savings and actual values of timeshares on resale market so that if they decide to cancel, they can take advantage of the rescission period.

For more information about this study, to obtain a Business Profile or register a complaint, contact BBB. 

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

Research and report on scams and fraud using BBB Scam Tracker.

https://www.bbb.org/scamtracker/us/

If you’re in the area, even if not a whistleblower, you will experience one of the most enlightening and inspiring events of your lifetime if you can attend. I’m hoping our Supporters or our timeshare members in distress will consider attending.  

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

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

https://tug2.com/Home.aspx

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

Free at Last Facebook

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

Thank you Irene we hope that you have a very informative time at the summit and we look forward to receiving your report on the proceedings.

Well that is it for this weekFriday is once again here and the weekend calls, have a great weekend and join us again next week.

The Tuesday Slot

Welcome to The Tuesday Slot with another look at some of the many complaints received by Inside Timeshare, this review has been written by Patty Boyak who as we all know has been staging many protests outside some of the resorts. One thing that will strike you the reader is the similarity in the complaints from people who have never met, yet we always hear the same thing “We are not responsible for what our sales agents say”!

Why we need Secret Timeshare Shoppers – Especially in Vegas

Timeshare Buyers Need to Record Las Vegas Timeshare Presentations

Seven Timeshare Complaints against the same sales agent  

 “The long term strategy is, if there are (exit) companies out there that really are legitimate, which we haven’t seen yet,” Flaskey said, “then they need to be regulated the same way our (timeshare) industry is regulated.”

                                                             Michael Flaskey, Diamond Resorts CEO

https://www.orlandosentinel.com/business/os-bz-timeshare-castle-diamond-20190719-3zvqhr46yjcnplwm33fyhgm3iy-story.html

In Nevada, hundreds of timeshare complaints have been dismissed with:

“You Signed a Contract.”

This is regulation?

July 23, 2019

By Patty Boyak, Diamond Platinum Complaint #28 out of 101 

Branden and Patty Boyak 

#2 of 7 Complaints

Jean Paul H, Principal Broker Nevada

This is our complaint sent to the Nevada Real Estate Division July 7, 2019.

A recording of Alaa C defrauding a 28 year old disabled veteran was provided to NRED over a year ago.

Sent To Hospitality, Michael Flaskey, CEO

Our purchases:  

  1. 19 December 2017  – Palm Canyon Resort, Palm Springs, CA
  2.  6 May 2018  – Cancun Resort, Las Vegas, NV Purchase price for 15,000 points:  $55,000 Down payment: $11,075 on a Barclay card Amount Financed: $151,079.65

Trevor W had previously sold us points in Palm Springs promising a maintenance fee relief program if we bought “member” instead of “owner” points. There is no such thing as “member” vs “owner” points.   

Several Diamond members were pitched this:

https://insidetimeshare.com/fridays-letter-from-america-59/

When we next met with Alaa C we were unaware that we had been deceived by Trevor because we had not attempted to sell points back at $.30 per point. We missed the window period Trevor explained – that we had to turn in points by November 30 and had to have 20% of our loan paid to be eligible for the maintenance fee buyback program. In no way would we have 20% of the loan paid in such a short time. The delay avoided the rescission period.  

On 06 May 2018, we went to Las Vegas Cancun Resort where we met Alaa C. C introduced himself as a Platinum Counselor.  Alaa said that as Platinum members we should be using our points at $0.20 each to pay maintenance fees and said there were NO restrictions on the amount of points we could redeem. We brought up that Trevor Wood in California had told us about the $.30 per point to pay maintenance fees, so why was this $.20 a point? C said it’s not $.30. 

Using his phone, he showed us rebate checks we could receive at $0.20 per point.  There were several checks in a row on his screenshot on his phone. We didn’t see the exact amounts, but we had asked about the legitimate rebate program because we were already aware of Diamond’s Travel Reimbursement program. This was not the reimbursement program we knew, C assured us.

C gave us his phone number and said he would be our Platinum counselor. We attempted to call him multiple times. He only called the day after we purchased to ask about incentives we had attended. He never returned calls after that.

C said that by purchasing 15,000 additional points, we would be able to redeem points at $0.20 per point.  C said we would have enough points to pay all our maintenance fees with 50,000 points and still have points to travel. The first time we attempted to use the point redemption program, we were told by Platinum customer service no such program existed.  

Reviewing our files, Alaa informed us that none of our previous contracts had been wrapped and that wrapping them into a single contract would stabilize maintenance fees. C told us the only way to wrap the contracts was by purchasing an additional 15,000 points and if we did, the maintenance fee increase would only go up by 4%, whereas if we had six contracts, the maintenance fees would be much higher, in the 10 to 12% range. This turned out to not be true. It would be highly unlikely for maintenance fees to go up by 10 to 12% just because there were six contracts instead of one. Fees have not decreased. In fact, we incurred an additional $2600 in maintenance after purchasing the additional points.

Patty and Brandon Boyak and another Platinum couple protesting in Las Vegas.  It would be unusual for educated professionals to go to this much trouble over buyer’s remorse.

It is common for Platinum members to have made several prior purchases. Trust ensues. If the member refuses to pay for a recent purchase, they risk walking away from all points purchased; the money spent exceeding $200,000 or more. A 180-page report summarizes 101 Platinum up-sells. The similarities are glaring.   

Alaa C complaint #1 is a 90% disabled Army veteran. He recorded the second hour of a five-hour sales presentation because C refused for an hour to return their credit card and driver’s licenses. Alaa told them that because they did not get “the letter” from Apollo they were not grandfathered in so would have to buy additional points or pay $250,000 in maintenance fees over 10 years. Member complaints frequently begin, “They said we should have received a letter.”

Alaa C complaint #3 A Y, age 79 Platinum complaint #72 out of 101

Mrs. Y’s first language is Cantonese. Her husband, age 80, is diagnosed Alzheimer’s. Typically, Diamond points sell for $4 per point. Buyers are shown a price listing points at $9 and a warning the price will appreciate in the subsequent year. Buyers are not told Diamond points are worthless on the secondary market. Mrs. Y did not know the total amount they spent to buy 80,000 points, but at $4 per points an estimated price would be around $360,000.  Platinum 52,000 points

October 10, 2018, Nevada

In 2018 October we attended a meeting in Las Vegas and met with sales agent Alaa C. We agreed to buy 100,000 points more but ended up buying 90,000 additional points. Alaa C said that if we purchased these points, we could use 50,000 to pay maintenance fees by redeeming points and still have 50,000 to travel. We turned it down. The manager Maher F said we don’t need 100,000 points, maybe 80,000 points.

They said we could trade in points for $15,000 every year. They said you turn in January and it would take 30 days to process. Both Alaa C and Maher F told us this. They said only Diamond has this program.

Alaa C Complaint #4  

An attorney contacted us and asked if we knew of Alaa  C as he has received a complaint against him. 

Alaa C #5 B W, age 57, Platinum complaint #86 out of 101

May 23, 2019

The maintenance fees after 2014 escalated. In California, they kept saying they were going to go public. They told me our kids would have to inherit the points unless I bought additional points. They said, “Your kids won’t be able to have a choice whether to keep it or not if you don’t buy additional points.”

I met with Alaa C June of 2018. He told me everything that happened in CA wasn’t true. In order to give me what I was already supposed to have, I was told I needed to buy 25,000 additional points. I asked C if I could record. He said no.  C told us about a program to pay maintenance fees. If you book through travel services you could get $.30 per point toward maintenance fees. I took a picture of his picture pitch.

Alaa C #6 complaint, age 73, (resolved) Platinum complaint #85 out of 101

Al C sold me 25,000 additional Diamond Hawaii points March 2019 for $90,750.

C said at this new Platinum Legacy level, there would be an option for “travel cash” which I could use to pay maintenance fees.  He even showed me how to calculate it. He said if I bought these points I would be at the highest level and there would be no reason to buy any additional points in the future. However, at my next presentation at the Palm Canyon Resort in California April 26, 2019, Trevor told me I needed to buy additional points.  

At the Palm Canyon April 26 presentation, Trevor told me that there is no such thing as travel cash. I WOULD NOT HAVE BOUGHT THE LAST PURCHASE FROM C IF THIS TRAVEL CASH TO PAY MAINTENANCE FEES HAD NOT BEEN SOLD TO ME as a way to offset maintenance fees. C had multiplied the number of points x 30 cents to illustrate how to pay for maintenance fees.

Trevor showed me a graph of maintenance fees showing maintenance fees increasing. Trevor had said that the way my contract with Al had been written, my maintenance fees were at the higher rate of increase. Al had said my maintenance fees would be at the lower rate of increase. Al did not provide me with a “summary of maintenance fees.” Diamond’s CLARITY promise, which promotes clear, concise, accountable and transparent information says, “You will receive a summary of maintenance fees.”

Al also said I needed to buy additional Hawaii points so that my heirs would not be responsible for maintenance fees. I have learned heirs would not be responsible.

Trevor told me I would need to purchase 75,000 additional points for an additional $125,000 to take care of the mess Al created.  Trevor and Brad also stated that Al sold me 7000 more points than I needed to be platinum.

Al said to put part of the down payment on my own credit union mastercard. If I called the next day he would switch the money to my Barclaycard so that I would have a 0% interest for 6 months.  He put his cell number in my phone. I called him the next day with the required information. Al never responded to my next texts.

Since the meeting on April 28, I go to bed every night worried about my fees, wake up in the middle of the night and think about what to do, and wake up in the morning thinking about fees. This is making me ill. 

Yes, I met with the QA representative, and he may have witnessed Al telling me what to put on the why-did-you-make-a-purchase-today sheet in Cancun. Yes, I bought to have platinum status, but only because I was told this included travel cash, lowest maintenance rates, and the right of my heirs to refuse the points. 

#7 “Al” complaint Leo Gomez, deceased at age 71

Army, Vietnam veteran Agent Orange 100% disabled

September 10, 2018

To: Hospitality

Michael Flaskey, CEO

ARDA

Barclays President’s office

Association of Vacation Owners

We only bought points because we were told ILX went bankrupt.  In March of 2017, I was diagnosed with pancreatic cancer, stage 4.  In September 2018 I was told there was nothing that could be done. I have been given a few weeks to a month to live. I have been approved for Hospice.

We only owed about $6,000 on the loan before Al said we had to convert our PVC points to US Collection. The presentation was exhausting, over four hours. Al knew I had pancreatic cancer and was exhausted because of that. ILX 15 years ago $17,500 was the purchase price 

I have learned it was not necessary to convert our PVC points. They said our maintenance fees were $2,200 for 2018 and would go up to $3,000 January 1, 2019, if we did not convert. They said at Silver the maintenance fees will not go up. Especially under the circumstances, we are upset that we were lied to. We bought 15,000 U.S. Collection points July 16, 2018, at Cancun converting PVC points to U.S. points purchased for $33,000. Amount financed: $28,000.

Leo Gomez

Leo’s last words to us, “I want my story told.” 

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

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

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

https://tug2.com/Home.aspx

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

Free at Last Facebook

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

Thank you Patty for your time and effort and we hope that your next round of protests goes well. We are also very sorry to hear that your own complaint was turned down. We have with your kind permission attached a PDF of the letter you received from the Nevada Real Estate Division.

That is all for today, if you have any comments, views or just need any information please use our contact page and get in touch.

Friday’s Letter from America

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

Now on with Patty’s report.

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

CASE NO.  CV2013-006230

Jury Trial Verdict

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

By Patty Boyak

July 19, 2019

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

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

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

THERE IS NO LETTER!  

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

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

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

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

Thank you, Candace!  

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

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

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

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

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

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

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

Trevor W complaint #2 Brandon and Patty Boyak

Trevor W complaint #3 A Navy veteran

Trevor W complaint #4 Reported complaint but did not buy

Trevor W complaint #5 A senior age 75, resolved 

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

April 10, 2019

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

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

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

Trevor complaint #2 Platinum Member #28 of 191

July 6, 2019

Brandon and Patty Boyak

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

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

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

Peter M, Principal Broker California  

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

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

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

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

Trevor Complaint #3 #78 of 101

A Navy veteran (retired), age 69

April 5, 2019

To: Michael Flaskey, CEO

Maria Kalber

ARDA

ARDA ROC

Barclay’s Bank

January 28, 2018

Points purchased: 1,500

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

September 4, 2018, NV

Points purchased: 16,000

Sales Agent: Mr J Trevor W

Manager: Mr Matthew G

Purchase price: $48,000

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

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

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

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

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

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

Trevor Complaint #4 Platinum member #85 out of 101

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

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

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

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

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

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

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

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

Trevor Complaint #5

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

June 5, 2019

To Michael Flaskey, CEO

Hospitality

Barclay’s President’s office

ARDA ROC

California Real Estate Division

Peter M

Trevor W

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

https://tug2.com/Home.aspx

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

Free at Last Facebook

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

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

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

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

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