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The 3 R’s of Timeshare: Part 1

Today we start with the first of a three part article on what Irene calls the 3 R’s of Timeshare, although this first part begins with “F”.

In the US this is Foreclosure, which to those of us in Europe would just be Relinquishment or Surrender. What we have to remember in Europe is that for our American cousins, timeshare tends to be governed by Real Estate Law and financial agreements are usually associated with a mortgage rather than a personal loan or finance agreement. So foreclosure will be similar to repossession of your house for not keeping up with mortgage payments. Failure to keep up payment on a loan does not result in the timeshare being “repossessed”, as the finance is separate from the timeshare.

As for relinquishing or surrendering your timeshare in Europe, this very much depends on who you purchased with, some companies are better than others.

As a very good example of the bad, we only have to look at MacDonald Resorts, this particular company has been the subject of many press articles, including some published here on Inside Timeshare. This company is renowned for not allowing people out of their contracts even after death, so this means the children inherit the timeshare and the subsequent maintenance bills.

A very good case which Inside Timeshare has been working on is that of Mrs B, an 87 year old lady in ill health, who used a company to relinquish her contract. This was done by selling to a third party, MacDonalds refuse to accept this, stating they do not recognise the transfer, even though we have notary documents proving the transfer. Consequently they are pursuing Mrs B for arrears in maintenance, passing the debt onto a debt collecting agency who are threatening court action if it is not paid. Inside Timeshare is now lodging a formal complaint to the Financial Conduct Authority as the debt is “under dispute” and should not be chased by the agency.

This company also “offers” a limited number of members to hand in their timeshares every couple of years, but only on the payment of 4 years maintenance fees.

Another company that is renowned for being very difficult to get out of is Petchey Leisure, now owned by MGM Muthu. As far as they are concerned your contract is in perpetuity and that means never ending, so even your grandchildren will end up with the maintenance bills.

Diamond Resorts in Europe on the other hand seem to be getting their act together, for several years now they have allowed any member over 75 to hand back their membership. They also allow others to hand back in what they term as “exceptional circumstances”. These are the death of a partner, illness and financial difficulties. For those who do not fall into these categories they will allow surrender on payment of upto 3 years maintenance fees.

So now on with Irene’s Article.

The 3 Rs or F of Timeshare:

Part I Resolution, Relinquishment, Refund or Foreclosure

What will happen when you decide your timeshare decision was a mistake?

Part II: The 3Rs of Timeshare

Part III: 2 More Rs  – Timeshare Rentals and Resales

By Irene Parker March 28 

Contract picture

Except for failure to pay child support, there is no debtor’s prison. Anyone feeling desperate, angry, worried, ashamed or scared about their timeshare situation can rest assured they can put their timeshare troubles behind them through the 3 Rs or F of Timeshare.

The words I used above are how I describe timeshare members who have reached out to Inside Timeshare or to me through our Advocacy Facebook Page, burdened by high interest loan payments and rising maintenance fees. Our goal is to convert this owner into an informed and empowered owner.

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

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

Often, life without timeshare can be achieved without legal assistance, but we have a crew of able bodied lawyers there if you need them as a last resort. Advocacy works but has its limitations. All of our Advocates are unpaid, helping individual timeshare owners and members while working towards timeshare reform.

Last week we quoted Mr. Nusbaum’s feelings about the secondary market. Mr. Nusbaum is President and CEO of ARDA, the timeshare developer lobby.

“This is a legacy problem. People buying a timeshare today are buying it from multisite clubs that have management forever and sales teams forever, so the ability to recycle inventory will not be a problem in the future.”  June 2014 RedWeek

On the other hand, here is another Nusbaum quote from the same article sounding somewhat contradictory:

“The developer community is not without some dirt under their nails in this. We’ve created a business model that needs recycling. We want to help the secondary market. For self-perpetuity, it’s insane not to have a healthy secondary market.”

But most of all, according to Nusbaum, the long-term outlook is improving because the largest timeshare companies are developing programs that offer exit strategies for their owners. The complete RedWeek article:

https://www.redweek.com/resources/ask-redweek/timeshare-resales-arda-predictions

“Exit strategies” are voluntary surrender programs. Requests are evaluated case by case. It is difficult to determine how many requests are granted compared to the number of requests overall. Are these programs just media window dressing to make it look like the industry is responding?

Michael Kosor has worked with Nevada Senator Becky Harris in an effort to propose legislation that would allow better disclosure as to the limited, or sometimes non-existent, secondary market.  

“Actions by the timeshare industry, regulators, and legislators, are analogies to firefighters rescuing the elderly trapped in a burning building. Until the cause of the fire is identified, consumers will continue to be lured into these burning (defective) timeshare products that are not supported by a secondary market. While I applaud the rescue, we should not allow the industry and those responsible for consumer protection to hide behind said rescue efforts while they inexplicably fan the flames. Ambulance chasing fraudulent transfer agents is a back-ended solution – a Band-Aid reaction.”

Treating symptoms without studying the cause can be problematic for medicine or timeshare. The cause in the case of timeshare is the active destruction of the resale market for the benefit of immediate developer profits.

“Where are the association Boards we elected to represent our timeshare interests”?

“Owners clearly would like to see more done to advance and advocate for an improved resale market,” continues Michael. “Why is it our advocacy group is the only voice in this discussion? With the exception of a few legacy associations, virtually none of the industry affiliated associations have an active resale program available to owners to assist in exit and preclude foreclosure, if a voluntary surrender is denied”.

I approached my association a few years ago, the Wyndham Grand Desert, and was told “this was not their responsibility.” Instead, my (and most all) associations’ leaders throw owners wishing to exit (which we all do eventually) to the wolves of the current resale environment or transfer agents. They then enter into very lucrative repurchase contracts with and for the developers. These repurchase contracts provide the association pennies on the dollar of outstanding assessments, then give the developer very low cost inventory to sell as new to the next owner.

The real issue is not merely failing to fix the resale market. Worse, the industry is actively working to build the recycle model which requires the intentional undermining of the resale market. Advocate owners and members understand the cause and the fact the industry has no desire to fix the problem. It’s sad that we as advocates have to educate and walk the elderly, the ill and those burdened financially, through the foreclosure process when all else fails.

The developers consider themselves benevolent when they allow the surrender of a $25,000 to over $100,000 vacation plan in exchange for a surrender of zero value. As long as the vacation points or weeks stay in the hands of the developer, there is no free market system. Lenin would be proud.

Back to the 3Rs or F of Timeshare

We want to avoid the F for foreclosure, but for some owners there is no choice.

Let’s get this last and most unpleasant option out of the way so we can focus on more positive outcomes.

Where do we start? Pull out all those documents and start digging!

Magnify

I hear a lot of “I think” or “I’m not sure” when I ask the following questions:

  • When did you first buy your timeshare?
  • Where did you buy your timeshare?
  • How many points do you own?
  • What was the sales agent’s name?
  • What interest rate are you paying if you have a loan?
  • What do you want to happen?

We begin at the end – Foreclosure

If a member has an otherwise unblemished credit score, he or she can work to have the reason for foreclosure added to a credit report.  I asked timeshare attorney Mike Finn of the Finn Law Group some questions about the foreclosure process.  We use one unnamed resort as an example, but the procedure is similar to all timeshare companies. A common question is:

Will the timeshare company try to ruin my credit for non- payment of maintenance fees loans or both?

Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can or will members be taken to court for non-payment of maintenance fees loans or both?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Do they place the lien just on the timeshare? In other words, does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never.

Is it advisable to just stop paying fees without the aid of an attorney?

Mike: It really does depend on your ability to endure collection calls, letters threats, and a foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about 5 years. Rarely will they sue for deficiency balance.

http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

http://www.finnlawgroup.com/english/learning-center/page-12

According to Charles Thomas, here is how it works in Europe

This resort employs a debt collection agency, one they use is called Daniels Silverman, the debt is passed on to them (usually sold), they now own the debt and will threaten court action – whether they will is another matter. If this does occur, then yes credit rating will be affected as it will then be a County Court Judgement and failure to pay will result with the court bailiffs being sent in to recover either cash or goods to the value. Only they have the right of entry into the home.

As for a loan, if it is with a third party i.e. Barclays Partner Finance, any failure to keep up payments will result in County Court action as above and credit blacklisting.

It is advisable to seek advice from an attorney before just stopping any payments, as by doing this the debt cannot be passed on to an agency as under the Financial Conduct Authority regulations. The debt can be classified as “under dispute”.

According to the Canarian Legal Alliance CLA, when the firm takes on a relinquishment with a loan attached, they also try to have the loan agreement cancelled.

It is advisable to completely check any company that offers relinquishment services, as this is an area which is fraught with con artists.

Below is our Inside Timeshare article on debt collection with links to various authorities, it also includes a list of those resorts who employ debt collectors and a list of those who have taken people to court.

As Charles Thomas reported, Europe maintains a thriving timeshare foreclosure and collection industry as well.

http://insidetimeshare.com/maintenance-arrears-debt-collectors/

Our Advocates, relying on their experience and expertise, are here to evaluate and work together, each bringing a piece of the puzzle to help you find your answer.

Conference table

Next week we continue with Part II – The 3Rs of Timeshare:

Resolution, Relinquishment, Refund

Part III – The 2Rs of Timeshare – Rentals and Resales

Contact us today if you would like to share your story or work with us by becoming a Timeshare Advocate.

http://insidetimeshare.com/friday-letter-america/

Thanks to Irene, Mike Finn and Michael Kosor for their contribution.

As you already know as owners of timeshare, whether in Europe or across the “Great Lake” in the US, once you purchase timeshare, getting out of it is fraught with obstacles. It does depend on who you own with, some are better than others. In Europe, Spain is leading the way with timeshare law, it is giving “consumers” more protection, making it easier to get out.

Inside Timeshare hopes these articles are of benefit to you the owners, that only through coming together and sharing information can we hope for any change in the industry.

If you have any questions or want to share your experience contact Inside Timeshare or join the Advocacy FB page.

 

More Trouble for Silverpoint?

It would seem the woes that are befalling Resort Properties / Silverpoint are just getting bigger. It has now come to our attention that it is the turn of the Beverly Hills Heights Resort, the news is not good for those who own at this resort, a number of apartments are now going up for sale.

We have seen the same thing happen at the Beverly Hills Club in the past year or so, where the owners were moved to the Heights when the resort was sold. It is now effectively a hotel, with the apartments available to the general public. The same has also happened to part of the Palm Beach Club, another Resort Properties / Silverpoint resort.

beverly hills heights
Beverly Hills Heights

Owners who are affected have been told they will be moved to other apartments at the heights or to the Hollywood Mirage. This seems to be causing quite a stir among the owners at this resort, many are becoming very vociferous, taking to the discussion forums and venting their anger.

Could all this be a result of the years of misselling, which is now coming back to haunt the company?

Only in first three months of this year, the Supreme Court has made five rulings against Resort Properties / Silverpoint. This is also alongside numerous judgements at the courts of First Instance and High Courts in Tenerife.

On the 1 March the Supreme Court awarded over 90,000€ which included the original purchase price, double the deposits and maintenance fees. The court also ordered that the client receive back their original legal fees and legal interest, with the contract being declared “Null & Void”.

On 6 March, the same court ruled in favour of a German client, returning over 30,000€ plus legal fees and interests, again declaring the contract “Null & Void”.

tribunal supremo

It was also announced on 21 March that the Court of First Instance Number 1 in Arona, ruled in favour of another client, awarding 44,000€ plus interest and legal fees. Then on the following day the news was broken that the High Court Number 3 of Santa Cruz de Tenerife awarded 37,308.40€ along with the initial legal fees and interest and the contract declared “Null & Void”.

Then yesterday 27 March, it was announced that the Court of First Instance Number 5 in Arona found for a British client. The amount awarded was a staggering £111,134.00, plus the return of initial legal fees and interest. Again the contract was declared “Null & Void”.

This is certainly showing that the Supreme Court rulings are being used in the lower courts, the Supreme Court has ruled on the following points:

Taking of deposits is illegal;

  • Floating weeks and Points systems are illegal;
  • Contracts over 50 years (perpetuity) are illegal;
  • Clients are Consumers not Investors.

All of this is a result of the hard work of one group of dedicated lawyers based in Gran Canaria. Yes it is those lawyers and the team which is Canarian Legal Alliance, which since the very first Supreme Court ruling in March 2015, have gone from strength to strength.

These are not just against Resort Properties / Silverpoint but also there have been many rulings against Anfi, Palm Oasis (Tasolan) and many others. These cases are also being highlighted in the Spanish press, which is having what can only be described as a field day.

http://www.eldiario.es/canariasahora/tribunales/Varapalo-Supremo-timesharing-comercializado-Canarias_0_619088490.html

CLA Logo

All we can say at Inside Timeshare is well done to the lawyers and team at CLA, to the readers beware of the companies that purport to be the ones bringing these cases, especially when they have only been formed for a matter of months. There are many of them jumping on the bandwagon, misleading you the consumer into believing they have done the job. Can they actually prove they have won these cases?

We will be publishing articles on some of these over the coming weeks, some we have already highlighted, some are very sophisticated frauds. If you are in doubt, wanting to know more and who you can trust, Inside Timeshare can point you in right direction to find the answer. Remember, doing your homework and due diligence will save you not only money but a lot of stress and heartache.

homework

Friday Review: News from Across the Ocean

Inside Timeshare once again publishes the Friday article from across the Great Lake (The Pond to our American Cousins). Today a new contributor, Laurie Sabbagh, with additional notes from our senior writer Irene Parker, who is doing a great job in rousing timeshare owners in the US to work together and improve the industry.

Firstly, we are getting more and more information on that outfit operating out of Tenerife, the Litigious Abogados family. The latest addition which we reported on 14 March Abel Garcia, was very interesting. As we said in the article, the website was registered on 5 January 2017, the name of the “law firm” was never heard of, yet the court document showing “Keith Baker” being sentenced, is dated 17 January 2017. Well we have never heard of a case going to court and being adjudicated with sentence being passed within 12 days. Wow, these lawyers are good!

We have also heard from another reader who had dealings with Stephen Fairclough and Meredith Pritchard Claims Consultancy Limited, another figure of just under £6000 has been paid, given the details of Jose Dorta of D&M Lawyers, yet no case or anything. This reader also suspects that the elusive Stephen Fairclough is back in Portugal.

So now on to our new contributor.

A Diamond Resort Member Does Her Timeshare Homework

Timeshare Members Instructing Other Members

Board

By Laurie Sabbagh  

Notes from Irene

March 17, 2017

Diamond Resorts member Laurie Sabbagh is also a member of our Diamond Resorts Advocacy Facebook Page. Our mission statement:

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

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

Today Laurie educates prospective and current owners. Not many timeshare buyers comparison shop. Timeshare sales presentations are almost always same day sales. A timeshare sales agent named in the Colorado Attorney General’s investigation of Highlands Resorts explains why:

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

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

From Laurie:

I recently started reading the invaluable Inside Timeshare articles and web postings of timeshare advocate Irene Parker after joining the member sponsored Diamond Resorts Advocacy Facebook Group. In February I posted that I would soon stay at Diamond’s Los Abrigados resort in Sedona. Irene asked me to attend the “members update” to find out if sales agents were adhering to the Arizona “Assurance of Discontinuance” rules.

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

After more than ten years of dodging the member updates, (i.e., sales pitches), I reluctantly accepted the invitation from the concierge to attend a 55 minute presentation.First, a little background on my Diamond “The CLUB” membership:

My membership started in 2006, when I purchased 8500 points in the Hawaii Collection when it was part of Sunterra. This vacation ownership interest (VOI) gave me a right of use equal to one week at either the Point at Poipu in http://Kauaior the Ka’anapali Beach Resort in Maui that I could reserve 13 months out, plus have access to resorts in the US and California Collections. In 2011 I received notice of a special assessment (SA) for a water intrusion problem at the Point. I scoured the internet to find out what was happening and learned that Sunterra knew about this massive liability when I purchased my vacation ownership, but its salespeople most likely weren’t informing prospective buyers about the problem prior to DRI’s impending purchase.

http://www.tstoday.com/members/magazine/issue123/7-poipu%20point.pdf

I was able to absorb the cost of the SA and considered myself lucky compared to owners who were on the hook for around $6,000 per deeded week for the water intrusion project – as many as 500 owners defaulted on their units because they either couldn’t or refused to pay the assessment. By reading Redweek and TUG I learned that management companies can change the terms of the Vacation Ownership Interest VOI membership agreement at any time, for practically any reason. I also read posts about high-pressure and questionable sales tactics being used to get consumers to buy into the various Collections  – some Hawaii Collection members were being told to get out of that collection by buying more points to transfer into the US Collection to avoid future SA’s, and vice versa. Reading about other people’s’ experiences was a wake-up call that it was not in my best interest to buy any more points.

Note from Irene:

I have received several complaints from people who attended sales presentations (one at Daytona Regency) told they should not have bought Hawaii Collection Points because Hawaii maintenance fees were going to increase dramatically or were encouraged to transfer Hawaii Points into the US Collection because Hawaii real estate is valuable, Hawaii Collection owners only can rent Points and only Hawaii members’ heirs can refuse inherited Points. Each transfer requires the purchase of more Points.   

Now to Laurie’s member update:

Two people

The promised 55-minute update turned out to be about three hours. The first salesperson, with whom I spent most of the time, was courteous and not high-pressure, although she did advise me to buy more Points to bring me into the Silver loyalty level which is 15000 Points. But to upgrade to Silver they were going to charge me over $8.00 a point, which would have cost more than $50,000! She also said the Hawaii Collection maintenance fees were more expensive and that I should join the US Collection. However, the second sales person I spoke with said with my small number of points, it costs only about $100 more per year.

Note from Irene:

According to SIRF Southern Investigative Reporting Foundation, Diamond points historically have sold for an average of $3 to $4 a point through 2014, according to data obtained from lawsuits. In a prior article, we reported Apollo plans to raise the price per point to $10 and then $12 per point.

http://sirf-online.org/2016/03/07/27464/

Back to Laurie’s sales presentation:

The sale’s agent also said that Apollo Global Management, the owners of DRI, would freeze that price for me for 18 months, and that the price was likely to rise soon.

Note from Irene:

Apollo Global Management founder, banker Leon Black, also founded Drexel Burnham Lambert of junk bond fame. Junk bonds did have some value, but a Diamond contract becomes worthless the moment it is signed should an owner need to sell, unless a friend or family member is willing to buy the Points.

Laurie:

I was also told that DRI members can use Points like cash for items such as airline travel, hotels, luxury items, and guided tours and adventures.  For example, Diamond Luxury Shopping enables Platinum and Gold members to apply Points towards products that are 30% off the best market price. But at a redemption point of $.30 per Point, this seems exorbitant to me.

Note from Irene:

I tried to use Points for an airline ticket. The Points we bought for $4 were worth $.07 for travel awards (Platinum $.10) so for $2,300 in equivalent maintenance fees dollars I could buy one domestic US flight. Customer Service told me this benefit is for convenience, not value.

Back to Laurie

Another example is that members can use 1500 points to purchase America the Beautiful – the US National Parks and Federal Recreational Lands Annual Pass.  My 8500 Points cost $1,973 this year, which includes maintenance fees, The CLUB fee, taxes, and mandatory membership in Interval International. That comes to about 23 cents a point.  For me, 1500 Points for the pass equates to $348, not including the $10 processing fee for my “Valued” level of The CLUB membership. I paid $80 for the same pass at a National Monument we just visited. Seniors over 62 pay $10.

At the end of the presentation a third person asked me some questions, including if I was treated courteously. I said yes, but also said I was not interested in buying any more Points with DRI. I declined the $100 Visa gift card, since that was not my reason for attending the update.

All said my elderly parents and I had a wonderful week at Los Abrigados. I was able to secure the historic Stone House, an 1800 square foot property with four separate entrances for only 6500 points. I almost always book weeks for 50 to 75 percent off, within the 59 day discount period, and have experienced good value for my points.  Every year I’ve been forced to vacation or lose my points, and I’ve taken about 18 weeks of vacation at DRI resorts since I bought my membership. If I had not purchased this VOI, I never would have gone to all the places that The CLUB membership has enabled me to visit. However, I advise other members to only use points for timeshare use, not the auxiliary products or non-resort vacation experiences DRI offers.

Thank you to Laurie for sharing her knowledge and experience. Email us at Inside Timeshare if you have a timeshare story you would like to share.

share

Thank you Laurie and Irene, once again Inside Timeshare would like to thank all those who contribute, either through writing articles or supplying information on possibly rogue companies. It is through your efforts that we can inform the timeshare world on what is going on.

On another note Canarian Legal Alliance has been nominated for the Canary Awards which recognises individuals and businesses that make a difference on the Canary Islands.

Canarian Legal Alliance has been nominated in the Real Gran Canaria category for their outstanding services to timeshare consumers and their efforts in the changing of consumer law.

In the Business Person of the Year category is Csilla Nazali, the operational manager of CLA for her outstanding work with all the clients.

Follow the link and vote for them, I’m sure they will appreciate it.

http://thecanaryawards.com/vote/voting-categories-page-1-of-2/

 

My Thoughts Today: End of January

We began January with an update on “bogus” law firms Litigious Abogados and Litigar Abogados, with the addition of a third firm called Abogacia Española, with the founder being Fernando Holaci. All three websites are the same except for minor alterations such as colour and the names of the founder and the lawyers.

The method of enticing timeshare owners to pay is also very sophisticated, with fake court documents, copies of compensation cheques and official looking documents from the so-called Procurator, Davido Harstun Jaime.

LIT

They begin by sending or calling prospective clients about the court case they are about to conduct against their timeshare company, that they are eligible to participate. In order to be registered on the coming court case, a sum of around 1,500€ is required. This has to be paid quickly as the case is due to be heard within the month.

Once this sum is paid, the client receives another email with the fantastic news that their case has been won, with the court awarding many thousands back to them. All this is done within weeks, a feat not seen in a Spanish court or any other court for that matter. Now comes the main part of the “sting”, in order to get this sum paid out court taxes etc need to be paid first, the amount varies from client to client depending on the court award. But they are in the region of £4000 to £8000. For further information see the link below or search Litigious Abogados in the search area for all the posts.

http://insidetimeshare.com/litigious-abogados-plot-thickens/

Inside Timeshare with Irene, also broke the news of a settlement between the Arizona Attorney General Mark Brnovich and Diamond for $800,000 which revolved around “Allegations of Consumer Fraud Act Violations”. This is a story that we have been following all month. (see following articles).

arizona-ag-seal

After the “Breaking News” of the settlement, a joint article by Charles and Irene on the role and use of OPC´s in the timeshare sales cycle. It began with an outline on what regulations various countries in Europe have on controlling how these “scratchcard touts” operate. Going on to explain how they work in the US, with Irene laying out the information they are after. She also spoke about an OPC that she knows personally. It was an insight into how you ended up on the presentation.

This was followed by more Litigious Abogados updates and the article “Thinking of Buying a Timeshare”. It was closely related to the previous article on OPC´s as it explained how the scratchcards work, then going on to ask “Is it worth buying one”?

It came to the conclusion that it depends on what you are after, it also weighed up whether to buy from the developer or a resale. There was also a link to Mike Finn of the Finn Law Group, who also gave some very sound advice.

Again we went across The Great Lake for more news from the US,

http://insidetimeshare.com/timeshare-news-across-atlantic/

In this article Irene gave her analysis of the importance of the Arizona Attorney General’s settlement with Diamond. Irene told the story of the nightmare suffered by Irina Allen and her purchases, along with the fact she had her membership suspended on false allegations of being a “mega renter” with an AirBnB account. She had even been advised by a sales rep to buy more points as renting will help pay the maintenance.

Another article we published was on the subject of plagiarism, this was prompted by posts appearing on the TCA website which more than resembled articles written by myself and Irene. Any author will recognise their own writing style and use of words. Especially as the grammar used by the TCA writers is to say the least very poor.

But, the main point was the use of information not just from Inside Timeshare but also from Canarian Legal Alliance. In all the posts on the TCA site, no mention or accreditation to where  this information had come from. It all appeared  the TCA was taking credit for the information and the Supreme Court victories achieved by CLA. Whenever Inside Timeshare publishes any article that uses information or news from another source, that source is always credited for it. That is the basic rule of any journalist or writer.

http://insidetimeshare.com/tca-using-others-work/

plagiarism

The next article on US timeshare had a very happy ending, back in November Irene explained that Wyndham had launched “The Ovation” surrender programme. After receiving this news Inside Timeshare contacted one of our readers, Steve, who owned at Wyndham. Due to his personal circumstances he wanted to surrender his ownership, he did not have a claim, so relinquishment was the only option.

It was explained to Steve about the Ovation news and he duly contacted them to surrender his ownership. Within two months he got the news that they had indeed accepted his surrender request. Since then Diamond have also accepted the surrender of his European membership, although due to his statement of events at the point of sale, Diamond are investigating and we hope to report on that in the near future.

http://insidetimeshare.com/wyndhams-ovation-surrender-program-latest-news/

On the day President Trump was inaugurated Inside Timeshare along with Irene published the question “Attorneys General and Timeshare under Trump”. The article explained how the business and politics are linked, including the role of the “lobbyist”.

This was a subject being asked by many owners of timeshare in the US and only time will tell what effect his presidency will have on them.

http://insidetimeshare.com/attorneys-general-timeshare-trump/

In the article “And So it Begins”, it followed Irene being banned from the Diamond Resorts International Members facebook page. The reason, a few thought her posts and links to our articles were political, Inside Timeshare posed the question “what is not political nowadays”?

The real reason of her ban is simple, she asks questions about Diamond, she writes about Diamond, she questions Diamond, she questions the practices of the sales reps, but she also has dialogue with Diamond. She brings to their attention the concerns of thousands of members, she has also had statements from senior Diamond employees which she has used in her articles.

In her following article she called for advocacy in timeshare, highlighting Diamond creating an Advocacy Department, even contacting Maya Pogoda, Diamonds Public Relations Representative, who is also helping to launch the Diamond Advocacy and Clarity programme. But to some on the facebook page she was attacking Diamond, when in reality she and Inside Timeshare are calling for dialogue. Yes we do highlight the ugly, but we also highlight the good.

In another twist to this tale, two more people have been banned from this group, the reason? They have been highlighted in articles by Irene and published on Inside Timeshare, They are Irina Allen and the Saldana family. Do those calling for a ban who are the administrators believe in two sides to a story or are they only interested in promoting their own ego´s, one openly boasts how he owns so many points yet has never actually paid for them, one wonders how he got them? You know who you are and Inside Timeshare awaits your response.

http://insidetimeshare.com/timeshare-advocacy/

CLA Logo

Back to Europe, Canarian Legal Alliance has been hitting the news again, published on the 26 January, was the news of two Supreme Court rulings against Silverpoint / Resort Properties. In the first judgement the court announced that the Club Paradiso product was indeed timeshare and fell under the relevant laws, they also concluded that the client in this case was a consumer not an investor as Silverpoint claimed. This has significant implications for other “Club” schemes operated by other companies.

This case was picked up by The Northern Echo follow the link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

Within days there were another two verdicts delivered by the highest court in Spain, again against Silverpoint. In the fourth ruling, the court reiterated the earlier verdict that the “Club” scheme was timeshare, this was in relation to Hollywood Mirage and Beverly Hills Club Vacation package. Now if memory serves me correctly the second ruling on “Club” schemes now puts that into jurisprudence.

 

In the last article this month, Irene gave her views on Diamond’s Clarity programme, she had an interview with Maya Pogoda the Diamond PR and also had comments from Executive Vice President, Chief Sales and Marketing Officer Michael Flaskey. Now if this isn’t creating a dialogue, well I don’t know what is!

This will be followed next month by Part II: How Owners Feel About Clarity.

We have also been informed of a major news item that is just breaking, we hope to have an article on this tomorrow, Irene is busy on it now. But we must remember she is several hours behind us, so watch this space.

Inside Timeshare publishes these articles to keep you informed of the latest news, developments and views in the world of timeshare. Much of it you would never hear about, especially as many forums will remove posts the administrators don’t like. We will continue to publish even if it is controversial, that is what we believe in, the freedom to question, criticise and comment.

Inside Timeshare would like to thank all those who have contributed to articles this month, either through information or comments, without you the stories would not be there.

great quote

 

Latest News from Europe and the US.

Before we go on with today’s article from Irene, there has been some breaking news over the past week. The Supreme Court in Madrid has issued three rulings against Silverpoint, on behalf of three clients of Canarian Legal Alliance, all three came within days of each other.

In the first was the British Client who purchase at Club Paradiso, the court ruled that this was indeed timeshare and not a club affiliation as Silverpoint claimed. This case has taken around five years to get to this stage, with appeal following appeal.

The second case was that of a CLA client from Belgium, the court declared once again the illegality of contracts over 50 years.

Another British client of CLA who purchased the Hollywood Mirage and Beverly Hills Club Vacation Package. Again this ruling was around the “club affiliation” scheme, the court once again ruled that this did indeed fall under the scope of Spanish timeshare law, (Ley 42/98) as in the first ruling.

So far since March 2015 CLA have achieved remarkable results, with around 42 rulings from the Supreme Court, involving numerous timeshare companies, with Anfi being the most prominent. (Follow the link to The Northern Echo article on the first case).

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

In the article by Irene today, she looks at the Diamond Resorts Clarity (™) programme, it would seem that Diamond are trying to change the way they operate amid growing protests from owners, especially the elderly.

This programme at present will not be rolled out in Europe, Although Diamond Resorts in Europe have already begun to make considerable changes in their approach to owners / members. They have set in place a programme where members can surrender their timeshare under what Diamond call “exceptional circumstances”, with this there is no charge.

One reader has Steve has taken advantage of this, with Diamond accepting his surrender, but there is a twist in this story. Diamond are investigating how he was sold and how he also ended up with a finance package, they obviously believe that there is something wrong. Once this is completed, Inside Timeshare will bring you the results.

Contained within the article is an interview Irene had with Maya Pogoda the Diamond Public Relations Officer. She has welcomed the chance to speak with Inside Timeshare and has supplied numerous comments and answers to our questions. So on with Irene´s article.

Diamond Resorts Clarity (™) – The Good, the Bad and the Critical

Diamond Owners are Hopeful but Skeptical

By Irene Parker January 29, 2017

Skeptical Method

DIAMOND CLARITY(™) is the offspring of Arizona Attorney General Mark Brnovich’s issuance of an “Assurance of Discontinuance” resulting from allegations that Diamond Resorts International violated the Arizona Consumer Fraud Act.

http://insidetimeshare.com/opcs-europe-usa/#more-1518

Maya Pogoda, Diamond Public Relations spokesperson, talked to me about the new national program consisting of a series of operational procedures and enhancements, new training and compliance procedures and protocols, and other customer-friendly changes to the sales process.

Press Release excerpts:

Missing from press release: “We recognize the need for Diamond Resorts and all timeshare companies to change or improve timeshare business practices that have led to predatory lending and deceptive sales techniques, resulting in harm to timeshare owners,” suggests Irene.

I took issue with several statements made in the press release:

“At Diamond Resorts, we already excel in customer satisfaction, but we are constantly looking for ways to do even better,” said Executive Vice President, Chief Sales and Marketing Officer Michael Flaskey.

I spoke with a few timeshare attorneys. One paralegal who works for a timeshare attorney asked not to be identified. Their firm has released 10,000 owners from timeshare contracts and said Diamond is their biggest “customer”.  Timeshare attorney Mike Finn of the Finn Law Group carries approximately 500 timeshare cases with 20% to 25% against Diamond Resorts. Mr. Finn said he’s never had a Disney timeshare client.

There are also several angry Diamond owner groups:

DRIP Diamond Resort International Protestors launched by over 1000 angry British owners trying to be released from contracts.

Intrawest Embarc Diamond Facebook page has over 2500 Intrawest members. An administrator of this group recently suggested I post our last Inside Timeshare article on their Facebook page after being banned by a Diamond Influenced Member Supported 7000 member Facebook group.

I had sent the article to an Intrawest administrators individually. She receives a link to all my articles. Unfortunately, one of the administrators from the 7000 member group voiced a warning to one of the other Intrawest administrators urging a word of caution concerning the dangerous piano teacher, Irene Parker.

https://www.facebook.com/Club-Intrawest-Owners-Group-921012087982547/

The 7200 member Facebook group consists of about 50% happy/angry owners. Members who are 100% negative on Diamond Resorts are privately and quietly urged to join DRIP, according to one member who asked not to be identified. Ironically, the same administrator was banned from the DRIP website accused of being too positive.

Charles Thomas was banished within days of joining the 7000 member Facebook accused of supporting the Canarian Legal Alliance. Charles can better explain the success CLA has had fighting timeshare abuse.

Owner infighting is strongly encouraged by Diamond Resorts because United we Stand and Divided we Fall. There is a lot of that going on in the world today.

Inside Timeshare allows political commentary to enter into our articles. In fact, given the fact the Trump family is launching a timeshare in Scotland, it is even encouraged. One of President Trump’s closest friends of 20 years is David Siegel of Westgate. Westgate has been under Consumer Financial Protection Bureau investigation for the last few years.

Continuing the litany of unhappy Diamond owners:

Monarch Website of angry owners owning fixed weeks could not gain access after converting to points, resulting in a class action lawsuit.

http://www.monarchowner.com/p/our-story.html

Poipu Angry Owner website:  Assessments resulting in a class action lawsuit.

https://www.facebook.com/pages/Point-of-Poipu-Angry-Owners/148027451960608

Thousands of complaints have been voiced on Redweek, BBB and other internet complaint sites. Just yesterday a Redweek member reached out to me. I sadly informed her she made my list of top two percent timeshare horror stories. The subject of Diamond timeshare sales agent Rick Casper of Polo Towers Las Vegas will be the subject of my next article

Of course, people can always contact me directly.

Irene Card

RedWeek continues to allow me to post.  I was asked to provide a link to the article that caused me to be banned. Controversy generated by an article is a writer’s best friend.

My Facebook page has no quota on happy/angry comments. I deny I am 100% negative on Diamond. We still enjoy Diamond Resorts and find good value at times. I am encouraged by the meaningful conversations I have had with diplomat and PR spokesperson Maya Pogoda.

I find relatively few complaints on the internet about Hyatt, Hilton or Disney.

Back to the Clarity Press Release:

“It will increase transparency”

Keep Reading

Supreme Court Rules against Silverpoint Twice in One Week

In a remarkable announcement the Supreme Court has made another historic ruling this time against Silverpoint. This case involves a retired lady from Yorkshire and has taken 5 years of legal battles to achieve.

The story begins when she purchased a timeshare at Club Paradiso in Tenerife, which she paid £25,000 with the promise that she could sell it at anytime as it would increase in value. This never materialised, she was then lumbered with annual maintenance fees.

In her first court hearing at the Court of First Instance they found in her favour, Silverpoint then took this to appeal at the High Court. This court overruled the first judgement and found for Silverpoint. Their argument was that Club Paradiso did not come under timeshare law as it was a “club affiliation”.

The lawyers at Canarian Legal Alliance did not agree and the case was then taken to the Supreme Court. In their deliberations 8 of the 9 Judges ruled that Club Paradiso did indeed come under timeshare law.

Within two days Canarian Legal Alliance received another ruling against Silverpoint, this time it was a Belgian Client who is now free of their ownership at Hollywood Mirage. Their contract has been declared null and void with the return of over 33,000€ plus legal interest and legal fees. The ruling in this instance was the length of their contract, being over 50 years or in perpetuity.

 

CLA Logo

Canarian Legal Alliance issued the following press release on 20 January 2017:

Canarian Legal Alliance is proud to announce that on 16 January 2017 another historical verdict was delivered by The Supreme Court of Spain.

The case began with the Court of First Instance finding for the CLA British client, this was overruled by the High Court in Tenerife, when the timeshare company Silverpoint appealed the first decision. The High Court’s opinion was that the Silverpoint product Club Paradiso did not fall under timeshare law 42/98, as they considered it was an “affiliation to a club”.

Canarian Legal Alliance felt this decision was flawed and ignored the rights of the consumer, thus appealing to the Supreme Court for clarification of the law. 8 of the 9 judges who studied the case considered that it was indeed a timeshare product as members paid a yearly maintenance fee, which is part and parcel of timeshare. They also concluded that even though the club membership was without a concrete apartment number or week, it was considered a timeshare and was regulated by the appropriate laws.

This is a groundbreaking verdict which will not only affect Club Paradiso and Silverpoint, but will have a significant effect many other club schemes and points systems in Spain.

Another aspect of this verdict was the court’s opinion the British client was a “consumer and not an investor”, again rejecting the ruling from the High Court in Tenerife. Considering this ruling now regards our client as a consumer and timeshare law applies, it gives all consumers of these products protection under the law.

Our clients contract was declared null and void, thus being Silverpoint was ordered to return to the client all payments made amounting to more than 31,000 Euros.

Canarian Legal Alliance is representing over 500 British clients in claims against Silverpoint / Resort Properties. Many of these claims are in regard to the misselling of the timeshare product as an “Investment”, whereby Silverpoint sold packs of weeks with the promise they will sell those weeks on behalf of the client.

With the so-called investment packs, clients were promised a return of at least 15% on their investment, none of these have ever materialised and many people have lost substantial amounts. Not only the initial investment but on subsequent upgrades, these were sold as better investments, as the original purchases were not of the best quality. These also include the payment of large amounts in annual maintenance costs.

This is not the first ruling achieved by Canarian Legal Alliance on behalf of British Timeshare owners, others have included the taking of deposits or any payment within the cooling off period. The banning of perpetuity contracts, floating weeks and point systems, this not only protects British consumers, but allows more British timeshare owners to receive justice in Spain.

The latest news from the Supreme Court:

It was announced yesterday 19 January 2017 that the Supreme Court has reached another verdict against Silverpoint for another client of Canarian Legal Alliance.

This verdict is in relation to the length of the contract being over 50 year, known as perpetuity, contrary to Law 42/98 of the Spanish civil code.

This is good news for many British timeshare owners who purchased in Spain, they now have a way out of their contracts and releasing them from the ever rising maintenance fees.

The following link is for the Supreme Court Announcement:

http://www.poderjudicial.es/cgpj/es/Poder-Judicial/Noticias-Judiciales/El-Supremo-declara-nulo-un-contrato-de-adhesion-a-un-club-de-vacaciones-de-49-anos-prorrogables

Link to El Diario article published 18 January 2017:

http://m.eldiario.es/canariasahora/tribunales/Supremo-condena-empresa-variante-timesharing_0_602990754.html
The Client has also agreed to being contacted if required.  Also for further information on this and other Supreme Court rulings please contact Canarian Legal Alliance:

Case Study: Shirley Wilson , Resort Properties

Another twist in this tale is the press release by Silverpoint, in this they do not agree with the decision. They also believe it will be overturned at a higher court, the question is what higher court as the Supreme Court is the highest in Spain.

According to Silverpoint they have begun working on an appeal to the Spanish Constitutional Court, but from our sources this is unlikely as the matter is not a constitutional one. They also claim they will raise the issue with the Court of Justice of the European Union, we say good luck to them.

As CLA stated in their press release they have over 500 clients with cases against Silverpoint, so this is welcome news for them. Inside Timeshare will follow this and keep you posted on the latest events.

The Northern Echo has already picked up on this case and this can be seen on the following link:

http://www.thenorthernecho.co.uk/news/15045851.Woman_wins_a_landmark_legal_ruling_on_timeshares/?ref=rl&lp=2

 

Friday: The Week in Review.

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

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

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

colerado-seal-ag

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

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

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

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

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

 

 

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

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

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

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

jl

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

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

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

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

So an early Christmas present for some.

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

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

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

 

Have a good weekend. weekend01

News on Friday

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

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

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

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

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

truth1

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

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

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

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

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

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

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

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

So the question is what is the truth?

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

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

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

Have a good weekend.   friday-again

My Thoughts Today: End of November

Yes, it is that time again, the end of another month and what a month it has been. Canarian Legal Alliance has now had 36 Supreme Court rulings in favour of their clients, the latest was on 28 November.

In the latest ruling, again against Anfi, the British clients will receive £22,940 plus legal interest and legal fees, with their contract being declared null and void. Once again the Supreme Court reiterated their previous judgements that floating weeks are illegal.

This latest ruling comes just 4 days after the Supreme Court ruled against Palm Oasis /Tasolan, again the ruling was about floating weeks. In this case the Norwegian clients have been awarded 8,810€ plus legal interest and legal fees. Their contract was also declared null and void.

It does make you wonder why these companies are taking these cases, which have already been ruled over at the lower courts, all the way to the Supreme Court?

We know that Anfi, the RDO and others, still believe that the courts have got it wrong, but after 36 rulings in favour of clients, one has think are they just trying to delay?

It has to be pointed out that these rulings cannot be changed, the Supreme Court has unanimously found in favour of the consumer on each case, with lower courts now using them in their deliberations.

Tribunal-Supremo

We have even seen this month the High Court Number 4 in Malaga using these judgements in the case against Leisure Group Ltd. In this case the CLA client has been awarded 12,390€ plus legal interest and legal fees. Their contract has also been declared null and void.

Canarian Legal Alliance has now spread its wings from the Canary Islands and over to the mainland. They have had success in the past at the courts in Fuengirola and also in Barcelona, this latest case in Malaga just goes to prove that any contract sold that is illegal will be ruled against no matter where. CLA are certainly becoming a force to be reckoned with.

We have again this month published articles on the changing face of the TCA, it must also be pointed out that several readers have also noticed that articles published here, are several days later appearing on the TCA website. The content has been juggled around a little, but it can be clearly seen from the style of writing where they did originate.

Inside Timeshare is to be honest, quite flattered that they are using our articles, the only problem is one of acknowledgement. When using articles written or published by someone else, it is normal practise to state where this came from citing the source and usually providing a link.

In another piece regarding the TCA, we published the article on incorrect information, this concerned their post on cold calling. In this they stated that “Cold calling in the UK is illegal as it is considered a breach of privacy”. As we showed in the article, cold calling is not illegal, but there are some very important a rules regarding how it is done. These were published along with a link to the Information Commissioner’s website for the full regulations. (see link below)

https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/telephone-marketing/

data-protect

We also highlighted a problem regarding owners data, in this article and the follow up, we looked at the battle going on between the resorts / developers and owners, as to who controls / owns this data.

One of our readers, Edward, wrote part of the first article, here he showed how his resorts community of owners have been trying to use the members database to contact and inform owners of changes at the club. Even the Spanish Data Protection Agency believe that it belongs to the owners and the resorts / developers are only users and custodians of this information.

We all know that lists of members are sold on to others, as we stated in both articles, even Diamond have acknowledged employees and ex-employees have taken data and sold it on. We even explained that for many on the sales staff, keeping records of clients is like an insurance policy, to be used when they no longer have a job. Remember data is a commodity, it can and will be sold, it has yet to be proven if any of this data has been misused by owners committees, that I very much doubt.

Irene also published many articles this month, one was just after the presidential election, this was titled “Dialogue: The Way Forward”.

In this piece she explained how the divisiveness of the election equates to that in the world of timeshare, owners Vs resorts / developers. In the article we address the problem and the only solution, “Dialogue”. The need to work together to ensure that owners and the industry benefit, it is a long shot but somewhere along the line there must be a coming together, if not there will no longer be an industry.

In the article “Illness: Is not a Reason to Surrender your Timeshare” myself and Irene highlighted a very huge problem, that of the elderly and sick. This is a problem for owners on both sides of the great lake, we have seen this with the ongoing story of Mrs B and MacDonald Resorts. Owners unable to use or travel due to illness yet still paying maintenance and being unable to surrender their membership. In some cases they can, but the financial penalty is quite often a huge one, for instance, MacDonald Resorts want 4 years worth of maintenance, but this is not guaranteed, it is if they “allow” you out. (see link below regarding MacDonalds)

http://insidetimeshare.com/macdonald-resorts-reasonable-recompense-relinquishing/

Tauro Beach also came into the news again this week, with the announcement that the Canarian Government was revoking the concession awarded to Anfi Group for the Tauro Beach Project. This follows the prosecution of the former head of the Coastal Authority, the investigation into the Mayor of Mogan over the permissions and licenses given for the project. This will obviously cost Anfi a fortune, not just what they have already spent on it, but the cost of repairing the damage caused. The question is now who will foot the bill, the company or the members with increased maintenance?

Playa-Anfi-Tauro-Canarias-Ahora_EDIIMA20160716_0223_18

So, that is November, it now remains to be seen what happens in December. Although with the Christmas and new year period, it will be a rather quiet month. Inside Timeshare would like to thank Irene and all the other contributors to the articles published this month. These contributions help to make Inside Timeshare more balanced, they also provide a great source of information which might just get missed.

If you require any information on any article published, or you have something we have missed, Inside Timeshare would love to hear from you. If you have a story you would like to share, contact us and we will work with you to publish it.

Catching up on Some News.

Catching up with some of the news from last week, Canarian Legal Alliance look to be on a role, another four Supreme Court ruling have been announced. 2 November, they announce 3 rulings in one day, then on 11 November they announced another.

Again these ruling reaffirmed previous judgements from Spain’s Highest Court, contract over 50 years, Floating weeks and the taking of deposits during the cooling off period all ruled illegal, with the contracts being declared null and void. Just on these four alone a total of 95,570€ has been recovered.

CLA also announced the payout of 41,190€ by Anfi to their Finnish clients, the contract was also declared null and void. As the spokesperson for CLA confirmed, the courts are taking notice of the Supreme Court, sentences are coming through faster and the payments are also getting quicker.

It was also announced that Court No 5 of The First Instance in Tenerife, found for their British clients against Resort Properties / Silverpoint. In this judgement the court used the precedent of the contracts being over 50 years to make their ruling. The client will receive £17,476 plus legal interest, with the contract being declared null and void.

It certainly appears from the the way these judgements are coming in, the process is getting faster. With all the new cases this law firm has in various stages of the legal process, there will be many more being announced. At present, they seem to be announcing at least 3 rulings each week, sometimes more.

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

On another note, it has been publicised that Tolemex Ltd (Bridgewell Consultants Ltd), owning company of the Timeshare Consumers Association and the forum timesharetalk has officially filed to be “struck off” the companies register. So the company is being dissolved, the question is why?

We know that this company is part of the Monster family, with Mark Rowe being the sole director, we also know there is a move by the law firm Athena Law to bring a case against them for liable. Could this be a method to avoid it?

To add to this it was also announced that Monster Travel and Sellmytimeshare.tv (Hollywood Marketing SL) have also had their membership terminated with the Direct Marketing Authority. This comes after an investigation by the Direct Marketing Commission, who found they had breached the codes of conduct laid down by the DMA.

So the next question is what will happen to the TCA if the owning company is dissolved?

Who or what company will take control?

Is it the end for the TCA?

These questions may be answered sometime in the future, but until then we will keep watching and report it when the news breaks.