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Diamond

Canarian Legal Alliance: Benalmadena Office Interview

While attending a meeting on the Costa del Sol, Inside Timeshare took the time to drop in on the new office in Benalmadena Costa of Canarian Legal Alliance. The office manager and senior consultant Sean Thacker was very kind in spending some time explaining what they do and answering a few questions.

The office itself is situated in the center of Benalmadena Costa, a stones throw from the wonderful Parque de la Paloma and the Aquarium Selwo Marina.

It is a modern and spacious office with facilities for conference calls, with a relaxed atmosphere, which will certainly put potential clients at ease.

The Benalmadena Office of CLA

Here is what Sean had to say.

Inside Timeshare.

As we know Canarian Legal Alliance has had a presence in Gran Canaria for many years, the Benalmadena office is a fairly new branch, when did you open and why was this location chosen?

Sean: This office opened in April of 2017, the main point was we understood there were many clients who took vacations on the Costa del Sol, especially as this area is full of resorts associated with timeshare. It was felt that many of these owners would be interested to learn more about their rights and how the judicial system can protect those rights.

In the light of the publicity surrounding the timeshare industry, we believed they would be more comfortable in visiting our office and discuss their concerns in person. The other advantage is we are also able to offer the many mainland European clients who opt for driving holidays a genuine service.

IT: Have you had many clients just walk in seeking advice about their timeshares and what has been the main concern of these clients?

Sean: Yes, we were very surprised at the number of clients who passed and came in for some general advice. We offer this advice free of any charge, explaining the law in Spain and what their rights are under the Spanish Timeshare Laws.

One of the main concerns was the mounting rise in maintenance fees, along with no availability, especially for the points and floating week owners, yet they were increasingly seeing that they could book online in the high season considerably cheaper than what they pay in fees. Another concern was where clients purchased on a rental basis yet they received no rental income.

IT: Are most of your enquiries made by telephone or do you receive more via email?

Sean: Our clients, apart from walkins, are mainly via enquires from the internet or social media and we now find we have a major source from our current client referrals to other owners or even friends and family.

IT: What has been the main nationality of the clients or have they been from all over Europe?

Sean: We deal with clients from all of the major countries, UK, Germany, France, Spain, Belgium/Holland, Scandinavia and we have now found over the last 3 months a big increase in Finnish clients who are interested to understand their rights in Spain.

IT: As you said, many of your clients are now from Finland, which timeshare company has figured the most with these clients and what type of products have they purchased?

Sean:I notice that most of our Finnish clients predominantly purchased with Silverpoint / Excel, The Company Participation Schemes seem to play a major role in most of the purchases.

IT: You mentioned the Company Participations Scheme sold by Silverpoint, would you say that these are now becoming more numerous than the old “investment packs” that were being sold originally?

Sean:Yes, there seems to be a switch from the old investment packs to Company Participation which suggests that companies are trying to look for alternative sales tools to offer to clients while always trying to circumnavigate the Spanish legal system.

IT: How do the “Company Participations” differ from the original “investment packs” and would you say that the average amount spent by purchasers is much higher than before?

Sean:The biggest difference is that customers thought they were buying an apartment as freehold. But they bought between 8 to 52 timeshare weeks, these “apartments” are “registered” as SL or limited companies, this is another ploy to remove them from the strict timeshare laws. On this point, in a recent case held in Tenerife, Silverpoint admitted in court that The Company Participations are timeshare. We are finding that our clients are spending anything between 37,000 and 250,000 euros per purchase. That is a huge amount for a product which is essentially timeshare.

IT: Would you say that most clients are nervous about taking legal action and how do you overcome this?

Sean: Everyone is always nervous in the first place to take any legal action, especially in a foreign country, the most important aspect of our work is to make sure we offer full support and transparency in how the process works, then guide the clients step by step through the whole process. It is important at all times we never apply any pressure techniques. This process is totally in the client’s hands, we are a support vehicle for them.

IT: We know there is always going to be bad press on the internet, much of it made by the industry, which will make prospective clients sceptical, so how do you overcome this problem?

Sean:Bad press is something we deal with daily, it proves to me that we do our job correctly for our clients. If you take the record of CLA and the number of case victories including over 129 Supreme Court wins, this shows to our clients that bad press is the only option certain industry members have. I personally will always go through with clients all good and bad press so they feel comfortable, as I mentioned earlier, transparency is the key .

IT: Roughly, how many cases do you think you have taken on since opening this office and would you say that those which have been to court have lived up to the expectations of your clients?

Sean: Since opening, we have delivered over 500 cases from the mainland office alone, all our client’s expectations have been surpassed using the correct Spanish Laws. Our clients who have had their cases heard have received back the full purchase price, including double the deposit paid within the 14 days cooling off period, in some cases, this has been extended to 90 days, which then doubles any amount paid within that period.

Thank you Sean, you have explained what you do and how you work with your clients, I’m sure that anyone coming into this office is going to be put at ease and be given the facts.

The Benalmadena office is certainly following the success of their parents in Gran Canaria, no doubt we shall hear more of them in the future.


Sean Thacker indicating a Supreme Court ruling against Silverpoint

Sean also pointed out that Diamond has several resorts in the area one is their flagship Sahara Sunset. Diamond has also had rulings against them from the Supreme Court, Inside Timeshare published this in December 2018. Below is a PDF of that ruling.

In another court case, this time held at the Court of First Instance in Barcelona, Restotel SA, MedHotel Group SL and ONA Group (Club Dorada SL), were found to be in breach of the timeshare laws. The contract was declared null and void with the client being awarded 112,724€ including double the deposit paid within the cooling off period. Below is a PDF of that ruling.

Inside Timeshare has highlighted the great results achieved by Canarian Legal Alliance in Gran Canaria for several years now, including all the Supreme Court rulings. Even though the facts speak for themselves, the industry is still in denial, they will not admit they are losing. There are still false statements about Canarian Legal Alliance being posted on the internet, much of it we know is from the industry itself, but the facts are these cases are in the public domain and cannot be denied.

Below are two links to previous articles published by Inside Timeshare on Silverpoint, to find more use the search box on the website.

If you would like further information on this article or any other published, use our contact page and Inside Timeshare will get back to you.

Maintenance Fees: To Pay or Not To Pay

One question Inside Timeshare receives on a regular basis is in regards to maintenance fees, “should we just stop paying them?”. Looking at many of the timeshare forums the general answer from posters is “yes, just ignore the bills, that is what I did, they won’t take you to court”.

It is also one of the main points that the so called relinquishment / cancellation / exit companies tell their clients, “once you sign up with us, don’t pay”.

Unfortunately, that is not quite true.

Many of the timeshare companies will chase for unpaid maintenance, at first through their own collections departments, but eventually they will pass these arrears to a debt collecting agency. Diamond along with other companies tend to use one of the biggest agencies in the UK, Daniels Silverman, based in Liverpool. MacDonald Resorts use Network Credit Services, based in Hamilton, Scotland.

The Ona Group based in Barcelona, Spain, actively chase unpaid maintenance fees, even for resorts they have taken over and the owner ended the contract with the original resort over 10 years ago. Ona Group say they have no record of the contract being cancelled and are taking those people through the Spanish Courts for upto 15 years unpaid fees. They use a law firm based in Barcelona called Punt Blau, who say they are are expert lawyers in the field of timeshare. The worst part of this will be the cost to the “debtor”, once the Spanish court has issued the judgement, it will be passed to a UK law firm and go through the County Courts for execution.

Once the debt has been passed to these agencies, you will be dealing with them not the resort, they will also incur huge amounts of interest and legal fees. You also then risk being issued with a County Court Judgement, commonly known as a CCJ. This will also have a very negative affect on your credit rating, preventing you from getting loans and even a mortgage.

Another question that arises from these enquiries is, “has anyone ever been taken to court, if so can you show us the judgements?”

Nobody has posted on any forum that they have been taken to court and lost”.

Well that is not surprising, would you publicise the fact that you have had a county court judgement made against you?

Agreed, it is not always taken to court, in most of the cases the person will give in to the threats of the debt collectors and pay. After all many of these owners are getting on in years and just want out, but they also have old views on debt, the stigma of being taken to court is a definite NO.

For the past few years Inside Timeshare has been highlighting the case of an elderly lady, now 90 years old, we called her Mrs B. She paid a company over £5000 to get her out of her MacDonalds timeshare at Dona Lola, this was in 2015. She was told the timeshare was no longer her responsibility and not to pay any further maintenance.

Her “debt” has been passed to Network Credit Services, this has now been handed over to a law firm Shepherd Wedderburn based in Edinburgh.

This firm is threatening to take her to court over the “debt”.

In their correspondence they even sent her copies of court judgements of MacDonald Resorts members who have been taken to court and had CCJs issued against them. They literally boast about it, which to an old lady is in our opinion a very serious threat.

They even place in their letter headed “Claims already issued in England and Scotland”, 4 cases along with which courts, case numbers and the names of the people involved, where MRL has won the claim.

  • Manchester County Court, Mr & Mrs S, case number C8QZ5392
  • Elgin Sheriff Court Scotland, Mr & Mrs C, case number ELG-SG24-18
  • Airdrie Sheriff Court Scotland, Mr & Mrs F, case number AIR-SG76-18
  • Gloucester & Cheltenham County Court, Mr & Mrs C, Case number E8QZ399H

These are genuine cases, these people have been ordered to pay and now have the dreaded CCJ on their credit files. All because they believed what they were told or read on various forums by idiots who have nothing better to do than give out bogus information on subjects they know nothing about.

There are ways of being rid of your timeshare, not paying your maintenance fees is not one of them. It may have been in the past when non-payment after 3 years the timeshare was repossessed, it may still hold true for the smaller independents, but for most of the big timeshare companies that is no longer the case.

If you have any questions on this subject and would like to know what your options are for relinquishing your timeshare, then use our contact page and we will point you in the right direction.

Friday’s Letter from America

Welcome to another edition of Letter from America, this week we publish another “Nightmare on Timeshare Street” which was originally published on 21 December 2018 but was withdrawn due to having to be changed. It is another story about the ongoing problem of Elder Abuse, Brenda Santos explains her parents “Nightmare”, edited by our very own Irene Parker.

The main character in today’s article is a name that has come up many times on Inside Timeshare, Rick Casper, a name that is well known around timeshare circles. Yet Diamond allowed him to continue his deceptive practices even though they should have known what he was doing, in this I believe Diamond is as culpable as Rick Casper.

We think that you will be shocked once you have read this article, so without any further ado, on with the last Letter from America before Christmas.

Why I Feel My Parents Experienced Elder Abuse

Their Encounter with Diamond Resorts and Rick Casper

By Brenda Santos, a daughter and Irene Parker

December 21, 2018

January 4, 2019 Retraction by Irene Parker

Diamond Resorts, via the Duane Morris law firm, has demanded that Inside Timeshare publish a retraction due to a misinterpretation of a sentence in the italicized paragraph below.

We mistakenly stated that Dan Percy allegedly sexually assaulted Rick Casper’s fiancée at Diamond CEO Michael Flaskey’s penthouse, when the alleged sexual assault, according to Rick Casper, took place in their guest accommodations. It was my understanding Michael Flaskey’s penthouse was the same property as the Villa, in other words, the Villa and Michael Flaskey’s penthouse were one and the same.

After receiving the letter objecting to the statement, Charles Thomas immediately deleted the offending sentences. However, Duane Morris/Diamond has demanded a retraction we thus provide.

We apologize for the misunderstanding. Our intent was to shed light on the actions twenty Diamond members contend were perpetrated by Rick Casper. The alleged sexual assault was mentioned because Rick Casper alleges he was fired for reporting the alleged sexual assault to Diamond’s Human Resource department, not because he created reasons why existing member had to buy additional points.      

The actual wording in the complaint filed in US District Court District of Nevada reads as follows:

  1. Plaintiff (Rick Casper) and Ms. McGrath left before the concert ended to retire early to their guest accommodations.  
  2. Upon information and belief, after the concert, Defendant Percy and other Diamond Resorts employees and contest winners were invited by Michael Flaskey to his Penthouse Suite at Cabo Azul for more cocktails and then later to the hotel bar, whereupon Defendant Percy and another Diamond Resorts employee were nearly engaged in an altercation.
  3. Upon information and belief, Percy was drinking heavily at the dinner, the concert, and at Flaskey’s Suite and hotel bar.
  4. Plaintiff’s guest accommodations at the Diamond Resorts event were at guest bedroom at Villa Palmila, a Diamond Resorts property (“Villa”). The Villa was a well-appointed house with several bedrooms. Plaintiff and Ms. McGrath had their own bedroom and shared the Villa with other Diamond Resorts employees and contest winners who occupied the other bedrooms.
  5. To get to Plaintiff’s bedroom in the Villa, it was necessary to walk through two sets of double doors.

Original paragraphs:   

According to the lawsuit, Mr. Casper earned over $1 million in 2015, $2.4 million in 2016 and $2.4 million in 2017 selling Diamond timeshare points. Why did this go on so long when members reported his actions as far back as early 2016? Members report being told Casper said the member would be able to sell points or eliminate maintenance fees if they bought more points – programs that did not exist. Casper filed the lawsuit alleging his Diamond VP Dan Percy sexually assaulted his fiancée at Diamond CEO Michael Flaskey’s penthouse in Cabo San Lucas. Casper alleges he was fired for reporting the incident to Diamond’s Human Resource department.

As Rick Casper alleges, “At instruction of DIAMOND RESORTS, Plaintiff CASPER was asked to identify or facilitate issues that were wrong with the owners’ current ownership points.” Case 2:18-cv-01455-GMN-NJK

Original December 21 article with the offending paragraph omitted:

Having connected with six other grown children whose parents have been harmed by timeshare, it is our intention to organize a media, legislative and regulatory outreach for the purpose of alerting the public as to unfair and deceptive timeshare sales practices which we feel also constitutes elder abuse. We are professionals. Three of us have parents who are veterans, one a double Purple Heart recipient.

My father Dale, age 73, is an Army veteran and was a Captain in the Vietnam War. He earned a Bronze Star for Victorious Service. My mom will be 73 in January. Our family has been financially and physically devastated by their decision to buy Diamond timeshare points. My parents always lived debt free, saved to buy things like cars, so having to do a reverse mortgage because of what these sales agents told my parents is unbearable. We have learned we are not alone.

Roy and Lillian Simmons, a Navy veteran and a retired letter carrier

http://insidetimeshare.com/tuesday-slot-irene-13/

Raymond and Teresa Mori, Mr. Mori a Marine Veteran, two Purple Hearts

http://www.insidetimeshare.com/fridays-letter-america-42/

My parents represent the 20th Rick Casper complaint from our support group of over 2,000 Diamond Resort families. I have learned Rick Casper’s name is known among law firms outside of our group.

In a lawsuit Rick Casper filed August 7, 2018 against Diamond Resorts and his former VP Dan Percy, Rick Casper admitted he created reasons or problems why existing members needed to buy additional timeshare points, as happened to my parents. A summary of the 20 Rick Casper complaints are listed below. As Diamond understands Rick Casper employed deceptive and unfair sales tactics, it is wrong not to recognize and correct what Diamond and Rick Casper did to my parents. I challenge anyone to read the 20 complaints and not conclude my father is telling the truth.

According to the lawsuit, Mr. Casper earned over $1 million in 2015, $2.4 million in 2016 and $2.4 million in 2017 selling Diamond timeshare points. Why did this go on so long when members reported his actions as far back as early 2016? Members report being told Casper said the member would be able to sell points or eliminate maintenance fees if they bought more points – programs that did not exist. 

As Rick Casper alleges, “At instruction of DIAMOND RESORTS, Plaintiff CASPER was asked to identify or facilitate issues that were wrong with the owners’ current ownership points.” Case 2:18-cv-01455-GMN-NJK

My parents were former Sunterra owners since 2006. Their problems first started when they went to a timeshare presentation at Diamond’s Daytona Beach Regency resort on May 11, 2015. According to my parents, they were told they were not full Diamond members so it was important to get things changed. The sales agent explained that Diamond took over Sunterra due to bankruptcy.

That was not true. Diamond Resorts acquired Sunterra, but not because of bankruptcy: https://www.travelweekly.com/Travel-News/Hotel-News/Diamond-Resorts-to-acquire-Sunterra-Corp-for-700-million

The following is what my father recounted to me about his Diamond experiences.

The Florida sales agent in 2015 explained that we needed to get out of our current Sunterra contract to become Diamond members. He used scare tactics to get us concerned that if we did not make the switch to Diamond officially our current investment with Sunterra would be worthless. The sales agent said if we purchased Diamond points, we would no longer be part of a bankrupt orphan group.

We previously purchased a Diamond Sampler (trial) package but it was almost impossible to get a reservation. We were trying to figure out how to get out of it when the sales agent presented what seemed to be a perfect solution. He said that by buying additional points, Diamond would fold our Sunterra contracts into one new Diamond points system. Several managers explained that we were not going to have enough points to do anything now that the Sunterra credit card was not able to be used due to the bankruptcy. The manager told us we would have legal issues and would risk losing everything and would not be able to sell the timeshare if we were not fully vested Diamond members.” We have learned Diamond points are virtually worthless.

After six hours, we were exhausted. Irene is diabetic and her blood sugar was increasing. We were stressed from hearing the news about our bankrupt investment, so we signed fast just to get out of there to get Irene’s blood sugar taken care of. We were thrilled to be out of the Sampler and thought we were finally set as a fully vested Diamond member. Diamond sales agent Mike sounded very helpful so we bought 2500 points for $10,925.

Three months later, on August 11, 2015 we met with Scott at Cancun Resort in Las Vegas. This meeting lasted seven hours. The representative kept reiterating how he was just trying to help us get out of the mess we were in because of our Florida purchase.

Scott said the only way to get the best benefits was to purchase more points to get to Silver status. He explained that until you get to Silver you will have all kinds of problems. He also said our maintenance fees would be taken care of and we would be able to sell points back, possibly at a profit. We said we were not interested. A manager told us we needed to know the truth about what happened to us as a result of our Florida purchase because the changeover to Diamond did not happen correctly. He said we were still not fully deeded with Diamond Resorts.  

Diamond points are not deeded.

The sales agents said we had to purchase 6,500 points to get out of Sunterra completely to become a true vested Diamond member. He told us the vacations and airline tickets would pay for the points so we would not be out any other money and that maintenance fees would not increase, but be capped by reaching Silver status. None of this was true.

I was offered a Barclay credit card to pay for the fees. We purchased 6500 points for $22,945. Silver status benefits were totally misrepresented. Our maintenance fees were not taken care of. We found out later that our prior contracts were indeed with Diamond and legit.

My parents purchased 7500 points on March 15, 2016

Purchase price:  $32,625

We went to a timeshare presentation on March 15, 2016 and met with Rick Casper at Cancun Resort in Las Vegas. Casper told us when we started the presentation that he was not going to sell us anything. He said we had not been told the truth about a lot of things and that he wanted to make things right. “With the program I am in charge of there will be an exit strategy so that someday, if you don’t want the timeshare and your kids do not want it, they can exit out easily.” He said he was a family guy and would not want his kids to have to deal with high maintenance fees so it would be better to ensure a cap on maintenance fees. He explained how we or our children would never be able to get out of the timeshare in the future unless we were part of his special group that would allow us to exit. He said we could make money on our investment by selling points.

Rick Casper showed us a worksheet as to what we would save by using points for maintenance fees and airfares. The math figures made sense. I already had a Barclay card that I used to finance the 2015 purchase. Rick Casper told us that if my wife could get her own Barclay card we could put almost the entire purchase on the Barclay Mastercard.  

We were there for over seven hours. We felt like hostages because they would not give us our free gifts until Rick’s supervisor finished. We bought with the understanding that we would be able to sell points. The charges on our Barclaycard ended up being way more than was disclosed.  Rick Casper said our Gold status bonus points would put a cap on maintenance fees for generations, but our maintenance fees skyrocketed as a result of this contract which was supposed to consolidate four prior contracts.

We signed fast because Irene almost passed out due to her diabetes and blood sugar levels. We told Rick we had to leave. We were tired and already under a lot of emotional distress to find out that Scott Pritchard did not fix anything the year before. We felt pressured to make it right or risk never being able to use points to pay for maintenance fees or exit out of the timeshare without being in Rick’s special elite program.  

When we received our Barclay credit card statement we noticed an additional $1000 charged for what Rick Casper presented to us as a gift from Diamond.

We contacted Diamond. A representative told us that there was no way we could use our points to pay for maintenance fees. I called and asked Rick Casper to correct the issue. His response was in a loud screaming threatening voice, “How dare you accuse me? I didn’t tell you those things; you are trying to get me in trouble. I am going to sue you if you pursue this and go to my supervisor.” I told him that he was dishonest and that we would take action.  His screaming was abusive, degrading, and caused me physical and mental distress. I have been through a lot of trauma as a Vietnam War veteran but have never been screamed at and degraded like Rick Casper did to me. I ended up very traumatized emotionally which caused me to have a stress attack in 2016.

After recounting this incident for my daughter a few weeks ago, I had a similar attack and had to be admitted to the hospital for heart symptoms. The doctor was a different doctor from the same medical group. He noted from my patient history that the mention of Diamond prompted my 2016 symptoms. I was put on blood pressure medication due to this emotional stress and have daily deteriorating health issues as a result of the stress this causes me every time I walk into my house and know I have debt on my home as a result of tactics I consider to be an organized effort to take advantage of us.

We had to do a reverse mortgage on our home as a result of these timeshare purchases because our social security income was too low to cover the total charged on both Barclay cards. I worked as a Baptist pastor until retirement. My credit score was 817 the day we met with Rick Casper but it has gone down considerably.  

In May 2016 we went to another Diamond presentation to try and figure out how to use our points to pay for our maintenance fees since we were having a hard time getting through to anyone at Diamond.  The timeshare representative was very embarrassed about what had happened and apologized on behalf of Diamond Resorts for the deception. He told us he wanted to help us understand what we had. He said that paying $32,625 for 7500 points was unheard of and that we could not do anything Rick Casper told us we could do at our current Gold status, which he said was only put in the system temporarily.  

That Diamond representative told us that we should take action and file a complaint. He explained how using points for an airline ticket would cost us 11,000 points (or about $2,200 for one domestic airline ticket) so not a good deal. We could not use points to pay for maintenance fees at Gold status. Only Platinum members can use points to pay maintenance fees and at only $.04 per point.  

Gold status did not give us what Rick Casper said it was going to give us, which included paying maintenance fees with points, exiting out of the timeshare, and being able to sell our timeshare points to make money on our investment.

We are both in terrible health and financial distress as a result of this Diamond resort investment trauma.

I learned of this only recently. I’m still trying to grasp the situation.  Diamond responded denying the request to cancel the last purchase because they used their points and said that nothing Rick Casper said was in writing. What is there to stop this from happening to others if misrepresentations continue unchecked? I believe my parents. How could anyone not believe them after reading so many similar complaints? I sent this article to Diamond for comment on December 17, but they did not respond.   

Twenty Rick Casper Complaints and excerpts from articles submitted by those who purchased points from Rick Casper:           

  1. SM, age 65 and his wife 81, 21 years Army, trained chemical, biochemical, nuclear defense RESOLVED http://insidetimeshare.com/nightmares-timeshare-street/

After the last Rick Casper up-sell, their monthly payment escalated from $431 a month to $2200. They told Mr. Casper they were worried about passing this burden on to their heirs.  

  1.  CL $75,000 RESOLVED – A Stage 4 cancer patient

During our meeting we were told about all the changes that had been discussed at the dinner that would allow us to sell our points. My husband has cancer so all that was going through his mind was trying to make a choice that would help me later on if the chemo didn’t work and when Rick Casper convinced him this was the answer that’s all that my husband heard.  

  1. N C, ages 67 and  69 $142,000 RESOLVED

http://insidetimeshare.com/another-nightmare-timeshare-street/

We are both disabled and retired from civil service. Dan is a retired army Lt. Colonel and a combat Vietnam and Desert Storm veteran.  

We are Platinum members. We feel our most recent Diamond purchase was made under deceptive and extremely high pressure selling techniques. We had been struggling with two loan payments of $329 and $121 but the most recent purchase we did not even realize we made, will drive us into foreclosure. Rick Casper in Las Vegas on January 22, 2017 sold us 50,000 Diamond points bringing our total number of points to 106,000. Our new loan payment is $2,133 a month which we cannot pay. The $142,400 purchase of 50,000 points included $17,000 charged to a DRI Barclaycard. We did not realize we made this $142,000 purchase until we returned home and checked our credit cards. As I have had a double mastectomy, undergone chemotherapy, radiation and have had two knee replacement surgeries, buying more vacation points was in no way our intention. Dan has had two minor strokes and a mild heart attack. He has chronic pain and is on 25 medications prescribed by the VA and our doctors. He suffers from PTSD. I was in terrible knee pain. Rick provided me with two glasses of wine in a Styrofoam cup with plastic lids because alcohol is not allowed at presentations.

Rick said we should join the new “Legacy program” that allows members to sell blocks of Diamond points to a third party with all Diamond benefits intact.  He said if we joined the Legacy program “people would be standing in line to buy our points.”

After six hours, my pain increased and I became confused. I walk with a cane so it was an effort just to walk to the restroom as it was some distance. Dan was confused due to diabetic symptoms. We were so overwhelmed by the time we were signing contracts, we did not even realize we were buying points. Rick kept saying we would receive 50,000 bonus points. We signed just to get out of there.

  1. KK, age 61 $117,000 RESOLVED

Questionnaire sheet asked: Had you attended a dinner? What is your exit strategy? Apollo had dinners informing members Cloobeck was leaving.  Not everyone heard the presentation so Rick was talking to Platinum members about the Legacy program. He said DRI never allowed you to sell points. This will. He knows real estate people can get $5 on resale for DRI points. New members are paying $9 so if you buy at $4 it is easy to sell. He had contacts that he could set us up with. 12/29/2016

5 RB, age 66 $75,000 RESOLVED

Mr. Casper said on at least four occasions I was eligible for a Pool Party Upgrade that would provide an exit strategy. He said the program was about to expire so I needed to write a sentence that said I wanted to do this and he would get the purchase approved. I never received a copy of the sentence. The purpose was to make my existing points more valuable. Mr. Casper went on to explain that this exit strategy would allow me to monitor and sell points. He mentioned that he is a family man and does not want to pass his points and maintenance fees on to his kids.

6 JH, age 56 $132,000 RESOLVED

The main benefit that Rick Casper presented was the ability to convert points directly into cash at $0.30 per point. If we had leftover points, he said we could be reimbursed in cash. All we had to do was contact Rick’s Vice President Dan Percy who would process the transaction and put the money on our reloadable Visa card.

I continued to ask questions about each benefit to be certain.  I worded questions differently to see if I would get the same answer.  I threw out this scenario; if at the end of the year I have 30,000 points still sitting in my account, you’re telling me that I can get reimbursed cash for these points at $0.30 per point?”  His response; “Absolutely – You contact Dan Percy and he will load $9,000 onto the Visa card.” We purchased 40,000 points to get us to the level of Super Platinum. There is no level above Platinum.

7 AC, age 68 $55,000

http://insidetimeshare.com/wednesday-article-america/

We purchased an additional 20,000 points on July 16, 2016 for $55,200 from Richard Casper. The reason is because Rick told us if we went from Gold to Platinum, he could sell points to substantially reduce our maintenance fees by submitting receipts to him for goods and services. We have never seen a tangible way to reduce our current $8,685 fees.  

During the presentation we asked about combining our eight contracts. Casper advised that any free and clear points sold on the resale market will have the same benefits except loyalty level as long as no more than 20,000 points were sold to one individual so it would be better not to combine the points. None of this was true. Casper stated that many Gold owners would be happy to buy 20,000 points at the lower price to become Platinum.  

We contacted Richard Casper by email on April 7, 2017 because we needed to sell 20,000 points. We received an auto reply stating to contact VP Dan Percy. Dan Percy stated that Diamond Resorts sales personnel don’t assist people who need to sell points.

8 JM, age 61 $90,000 RESOLVED

Rick Casper was introduced to me as a Platinum specialist. Mr. Casper said I made a big mistake buying Hawaii points and a bigger mistake transferring the 20,000 points I bought in Daytona, due to a class action lawsuit against DRI that caused exorbitant increases in maintenance fees because of storm related beach erosion.  

Mr. Casper said I had to transfer back to US Collection and if I owned 100,000 points I would be unofficially known as double Platinum and that I could sell unused points back to Diamond at 30 cents per point. Mr. Casper said this was closely regulated by the authorities. Mr. Casper said by selling these points back I could pay some or all of my maintenance fees for that year and years to follow. Mr. Casper said this would allow my children not to have to pay maintenance fees. “You are really passing your children a bill.  We have a new program if you reach me in November to let me know what you did not use. Diamond will buy the points back at $.30 to, ‘put them back in the kitty’. We need the points because we can sell them to other people who need them. What are you waiting for? This is a no brainer.”

I purchased an additional 30,000 points. I now owned 115,000 points. Mr. Casper said the reason for the 30 cent program was due to the sale of Diamond to Apollo. Mr. Casper said Mr. Cloobeck wanted to do something for members who owned over 100,000 points to show his appreciation. He included the 30 cent per point program in the terms of the Apollo buyout.  

In November 2016 I called Rick Casper to inform him I had 80,000 points I wished to cash in so that I would receive $24,000 as he had illustrated.  He denied any knowledge of the arrangement.  I spoke with Dan Percy. He said no such program existed.    

  1. SW 100% disabled Army veteran Agent Orange exposure

April 6, 2018 $170,000 1099 issued

http://insidetimeshare.com/fridays-letter-america-44/

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade from $5,000 to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take up to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 for $170,000. I’m 71 years old.

#10 MP RESOLVED, a widow, a speech teacher, age 71

April 2018 Platinum

My husband John and I purchased an additional 25,000 US Collection points May 2017 from Rick Casper. He said we had to purchase these points to take advantage of a program that would allow us not to have to pay Maintenance Fees after we paid off our loan. Mr. Casper said the program description had been sent to us in a letter we should have received. Rick Casper told us that because we did not get a letter, Diamond would still offer what had been offered.  He did not have a copy of the letter. Rick Casper told my husband and me (John was still alive at the time), that once we paid off our loan, we would not have to pay maintenance fees.

The scare that Rick put into me was because he said we would be paying a million dollars in maintenance fees over our lifespan if we did not buy the additional 25,000 points.  Rick Casper explained how Diamond maintenance fees would continue to skyrocket. We purchased the 25,000 points for $86,250. Wed had purchased 53000 points previously.

John was in much pain. We did not know at the time he had cancer, spine and skeleton, which had metastasized. John kept saying, “I do not want to do this.” Rick Casper even asked, “Is he alright?” I was incredulous because it was obvious John was not alright. He was diagnosed with cancer October 13, 2017. Our presentation started at 8:30 AM and did not end until 7:30 PM. John was terribly affected by my decision. He couldn’t get over what we (I) had done because we already had enough points.

Well, in order to not have to wait ten years to not pay maintenance fees, I went right out and got a lower interest rate home equity loan. I felt this way I could pay the loan off in 30 days so that I would not have to pay 2018 maintenance fees.

#11 D H UNRESOLVED

We told Rick Casper about our concerns:

  1. Concerned about paying even more maintenance fees if we purchased more points.

Rick reassured us that if we purchased more points we could use them to pay all our maintenance fees every year and still have points left to travel.

We trusted Rick so we bought 25,000 more points, upgrading to Platinum so that we could take advantage of the .30 per point benefit. How can this be justified? These deceitful sales tactics go against many laws (FBI, ARDA and SEC to name a few).

  1. Concerned that we couldn’t use the points we already had, let alone buy more.

Rick was very skilled in reassuring us that all would be ok if we purchased more points. He even stated that as Platinum he would be our personal concierge.

  1. Concerned our timeshare was not a good investment.

Rick reassured us it was a good investment, and that points were selling for more than what we originally paid; he showed us a chart with yearly increases. He mentioned that he had a friend that resells timeshares and that DR points were in high demand. He said that if we ever decided to sell that he would put us in touch with his friend, who can easily sell our points for double what we paid. This eased our minds. Nov. 2016, I texted Rick and asked him if he still knows a guy that’s willing to buy our timeshare. He never replied.

#12 J K We were Gold members, told we could save on maintenance fees via a reloadable VISA card that would be credited to pay maintenance fees. Purchasing additional points or upgrading to Platinum was never mentioned.

Rick Casper said DRI VP Dan Percy would take care of our 2018 maintenance fees.  Due to signing electronically, we were not aware we had purchased an additional 30,000 points until we returned home and reviewed the actual documents, received new credit cards, and invoices. It was difficult, if not impossible, to read the contract via the electronic signing.

I have learned there is a real program called 20/20 or 30/30, depending on the loyalty level in which 30% of vacation points can be credited toward travel discounts.  Rick Casper adulterated the actual program to be able to cover himself and Dan Percy. In other words, you can redeem points at $.30 per point, but not for the reasons Rick Casper stated. You cannot redeem points at $.30 per point to pay maintenance fees.

#13 MS, ages 80 and 84 Parents of #12

Rick Casper said Dan Percy would handle our 2018 maintenance fees. He explained that the program they were up for and the current ownership will benefit us and allow for better use of ownership.  Due to the electronic signing of the contract, we did not know we had purchased 30,000 additional points until we returned home and could properly review the documents, received the credit cards and invoices. It was difficult, if not impossible, to review the contracts on the small Tablet.  

#14 M Y, age 72

We went to Polo Towers September 2, 2017. We wanted to know how to reduce maintenance fees. Rick Casper told us that the only way to reduce maintenance fees was to buy more points. He asked, “Are you happy about paying all these maintenance fees?” We purchased 47,500 additional points.

When we got home, three Barclay cards came in the mail. We were charged almost $28,000. He never mentioned that he was even going to open the cards. We already had one Barclaycard. When we got to our room, we reviewed the documents, but it did not really show the Barclay charges.

The very next day we told Joey Guiterrez we wanted to cancel. He said if you cancel you will lose all your benefits and be fined $40,000. I asked why and he said that’s just how it is. When I complained, he denied saying this. My husband was with me. I became depressed for months.

#15 T T Rick Casper complaint

TT (age 51) and IT

25000 points purchased Polo Towers, Las Vegas, NV on September 5, 2017

Sales Agent: Richard “Rick” Casper – Real Estate License S.0172679

Purchase Price: $102,000

Down Payment: $29,000

Amount Financed: $73,750 @ 12.1305%

Down payment charged to Barclay Diamond Cards

Rick Casper said we would not have to pay out of pocket for Maintenance Fees ever again, and we would not have to worry about losing any points at the end of the year – Dan Percy, VP of Sales, will be in contact with us after 21 days and will work with us.

Casper said that if we did not purchase, we would not be included in the new program to use our points to pay for all our maintenance fees. He caught our interest when he told us how the Maintenance Fee could be fully paid for by points and the credit card program by getting credit for paying for the Maintenance Fee, flights, car rentals, cruises and other travel expenses. He said the points could be redeemed at $0.30/point. What Rick told and showed us addressed many of the struggles and anxieties that we faced owning the timeshare, so we were glad to hear about the new programs (we later learned did not exist).

Rick said to get started; we needed to purchase more points. I asked Rick specifically: “If we were to be in this new program, would we need any out of pocket money to pay maintenance fees?”  He replied that by using points and the credit card, that with the additional 25000 points, it would be enough to cover the maintenance fees for future years.

I was unemployed at the time, so asked if we could delay purchasing more points but he became very strict in explaining the offer was only for this session, and how he would note that we refused the new program on the exit form. We felt compelled to purchase the points. We definitely do not need these additional points.

Dan Percy moved to Hawaii and directed inquiries to go to Joey Gutierrezs.

My wife and I have determined through contact with Joey Gutierrez and others at Polo Towers that the program for points for maintenance fees does not exist. Platinum members can pay maintenance fees at $0.04 (not $0.30) per point and will not pay the full MF amount of $8,631.  

#16 G K

We bought points five or six times. We did not have problems with Diamond until we encountered Rick Casper.  We purchased 50,000 points. I called Joey Guiterrez two days after we purchased to cancel. He was skillful in dodging the rescission clause.  Our Polo Towers meeting with Rick Casper was August 18, 2017

I was told at the beginning of the meeting that I would be spending $700,000 over the next 20 years just in maintenance fees. Rick Casper said he would help me create a program to cover these expenses. I pulled out my cell phone to use the calculator to check this figure. Mr. Casper assured me the amount was correct so I put the calculator away. The $700,000 was not correct. I created an Excel spreadsheet based on the average increase of 5.6% a year.

My maintenance fees were about $14,200 at the time. Rick Casper said that if I purchased 50,000 points, I would be able to redeem the points at an average of $.20 a point which would generate $10,000 in cash. Rick Casper said I could then sell half the points I already owned to generate the remaining amount to cover the maintenance fees.

I called Diamond Resorts around February of 2018 and asked to redeem 50,000 points. I was informed there was no such program. I would have to use my points for travel such as airfare ($.10 a point) or restaurants or lodging outside Diamond at only $.10 a point. There were very few ways in which to use points for this. I don’t need a new TV let alone dozens of them.

Rick Casper said I would be assigned my own agent (Daniel Percy) in Vegas to assist me with all bookings. When I called I found out that the bookings would simply be made through Interval International. It seems Daniel Percy worked in tandem with Rick Casper.

No mention was made of the fact that purchasing an additional 50,000 points would raise my maintenance fee by approximately $8,300.

AFTER signing, I was given a folder with the spiral bound book that said to the effect: “Read This Thoroughly before Signing Any Documents”.  Upon reflection of the documents I signed, I found that my maintenance fees would now increase by over $8000 meaning any efforts to “cover my maintenance fees” with this contract were useless!

We had an early start to the airport the next morning to arrive in Seattle for our Alaska Cruise. I placed a call Mr. Joey Guiterrez. I told him I wanted to cancel. He spent about 20 minutes trying to convince me otherwise. He finally said, “Well, if that is what you want” and left it there. On the sixth calendar day, Mr. Guiterrez contacted me. I had called to ask why the contract had not been cancelled. He stated that the contract had to be cancelled in writing within five calendar days. Mr. Guiterrez obviously waited until the sixth calendar day to dodge the rescission period.

The only response from Diamond was, “You signed the contract.”  Noting all of the lies that lead me to sign the contract were a non-issue according to the person I talked to.  .

#17 P B

Disabled, worked ER for 20 years, attacked by patient, the patient did know what she was doing

Age 63 LA County Sheriff’s Department

Deputy Sheriff for 25 years

Our accounts have been foreclosed.  We were in good standing until we met with Rick Casper.

In 2016 we stopped at Polo Towers.  We told them we were having trouble financially because I was on disability income and my husband was just retired. They said they could offer us a refinance but it ended up we purchased US Collection points not even knowing we had purchased them. They said they would slip the paperwork under our door. They did not. We had no documents provided to us. Before we got on our plane to continue on a Dream Holiday, I received an email (which Diamond says does not exist but I have a copy) saying attached is our paperwork and that they would mail the documents. The purchase made us Platinum but we were not even aware we had bought additional points.

Rick Casper did the paperwork process. He went over with us about the refinancing and that the 2017 and 2018 maintenance fees would be included.  We had met Dan Percy before the closing process. He also confirmed that we were doing a refinance that would include the maintenance fees and that this transaction would reduce our monthly payments by a few hundred dollars per month.

They said Dan Percy would be our contact person.  An email said that if we received a maintenance fee invoice, we should contact Dan Percy. We contacted Percy after we received a maintenance fee invoice for $15,000. He said we owe the money.

This company is beyond belief.

#18 TF A non-disclosure agreement signed.

#19 TZ 60,000 points were purchased, but I rescinded the Casper purchase because they would not put in writing what I was told.  Casper tried to convince us to get a mortgage on our home. He said there was no way to get out of a Diamond contract.

Rick Casper complaint #20 are my parents.

Thank you Brenda for your contribution and also to Irene for taking the time to edit, as you have seen, this character has caused untold misery and that is the ones we know about. The question is how many more people have had to suffer a “Nightmare on Timeshare Street” because of Rick Casper?

This message is not just to Diamond, but to all timeshare companies who allow their sales agents to do what the hell they like, just so they can line their pockets with millions in commissions. They are your employees, they are selling your product, they are selling your name, you are “RESPONSIBLE FOR WHAT YOUR SALES AGENTS SAY!”

If you have any comments or have a similar story to tell, then contact us at Inside Timeshare by using our contact page, we will get back to you.

The Tuesday Slot on Wednesday

Welcome to our Tuesday Slot which we had to postpone yesterday due to an important consumer alert that need to be published immediately. We apologise if yesterday you were looking for our usual Tuesday article.

This week we publish another Secret Shopper Report , edited once again by our Secret Shopper Coordinator Pete Gibbes. In this report you will see the price per point that members are being quoted which is $9.24, this price is scandalous as we all know that there is little or no resale market value.

RETAIL PRICE DOES NOT EQUATE TO RESALE PRICE

TIMESHARES ARE VIRTUALLY WORTHLESS

We have also been informed that Diamond has terminated sales agents and managers caught employing unfair and deceptive sales practices, unfortunately Inside Timeshare just sees this as playing to the crowd. These are just the scapegoats who have been the subject of too many complaints, THEY HAVE BEEN CAUGHT, we all know the rule, do and say what you like, just don’t get caught!

Another “Nightmare on Timeshare Street” is in the offing, we have been contacted by another senior who is being forced into foreclosure, more on this when we are able to publish, now for our Secret Shopper Report.

Diamond Resorts 30 Cent Solution

A Secret Shopper Reports

Secret Shopper Report edited by Pete Gibbes, Secret Shopper Coordinator

November 20, 2018

By: Secret Shopper ages, 54 and 62

Works for Department of Corrections

Works for Department of Defense

We attended a timeshare member update in Williamsburg in November, 2018

We are struggling to keep up with loan payments and maintenance fees for the points previously purchased.  

The Virginia sales agent we met with would have driven us into insolvency if we purchased points based on our understanding of what the sales agent described. We both clearly understood the sales agent when he told us if we purchased additional points, we could pay maintenance fees at $.32 per point.

Had we purchased points based on what we both heard and believed, then filed a complaint, and based on reports from a significant portion of the 524 Diamond members who have reached out to our advocacy group, the answer we would have received to our complaint would have been a description of the legitimate 30/30 program that has nothing to do with paying maintenance fees with points. We would probably be told we misunderstood, and we signed a contract.

FACT CHECK

Only Platinum members can pay maintenance fees with points at $.04 per point.

We have learned there are many complaints from members who say they were told they could pay maintenance fees at $.30 per point. We’re not sure why this Virginia sales agent tacked on an additional $.02.

The sales agent wanted to attach our Barclays credit card, issued after our first purchase, to pay for maintenance fees. The agent said that for every dollar spent charging with the Barclaycard, you get two Barclays points if it is travel related -non-travel one point for every dollar.

The informed timeshare member should ask, “How much value does a charged point have?” Members think in terms of a point being like 2000 points to stay a week in Virginia. Already this is a little confusing. So we asked our sales agent how, for example, $100 charged would translate into actual value or money to pay maintenance fees? He said he didn’t know!

FACT CHECK

The answer is if non-travel related, 1%, so $20,000 charged in a year is 20,000 reward points.

We own 3000 points, so our maintenance fees should be around $600 a year. We only have a $2000 limit on the Barclaycard so the $2,000 charged would produce 2,000 reward points but would contribute only $20 toward the $600?! That’s a far cry from the oft repeated complaint we hear, “And you can pay your maintenance fees by charging purchases to your Barclaycard!”

We asked about the 1500 bonus points that we had been promised at our first purchase of 3000 points. He said he wasn’t sure. He continued to talk about buying more points. After we said no to his offer of points, he said he would go look into what happened to the 1500 bonus points. When he came back he did not even mention the bonus points, but once again he presented an offer to purchase more points.

He offered first 17,000 additional points. We said no. Next he offered 8,500 points. He said if 8,500 points were purchased we would become Silver members, and would then have access to cheap vacation weeks and the maintenance fee program where we could turn in points at $.32 per point to pay maintenance fees. I wrote this down and my husband was with me.

FACT CHECK

If we purchased 8,500 points we would only have 11,500 points so:

  1. We would not even be Silver, as Silver loyalty requires 15,000 points,
  2. Only Platinum members can use points to pay maintenance fees at $.04 per point. If a Platinum member turned in 50,000 points, they would only get $2,000 to be paid towards an $8,631 maintenance fee bill in 2018.

We said no to $8,500 points. We asked again about the 1500 points. He went to the back. The manager returned.  

The manager told us if we make loan payments to Diamond, those payments would go toward the down payment of 8500 points which would have cost:

Purchase price: $78,548 at $9.24 per point (Points sell for about $4 per point)

Down payment: $23,677

Timeshares have little to no secondary market

The manager, who did not provide his name, said if we paid a monthly loan payment of $400 per month, (hypothetical because we did not get far enough along to find out what our monthly payments would be), for each $400 a month payment, the $400 would directly reduce our down payment because they wanted us to lock in this great price per point at $9.24 per point.  We would not have to make loan payments on the principle balance until the down payment was eliminated.

Once our down payment was eliminated by loan payments, he said, as each payment would reduce the down payment, so once the down payment was eliminated, then we could finance the remaining amount and be credited our 8500 points purchased. In other words, we would make loan payments that would equal the down payment of $23,677, eliminating the down payment, and then the principle balance would begin ($55,613 after the down payment of $23,677 was eliminated).  

The manager wrote down “3000 points” and said we could not stay anywhere with 3000 points. He said we would have to pay half out of pocket because we had so few points.  We might be able to get a weekend somewhere. I was aware that there are many places to stay booking a one bedroom and that we can save points from one year to the next. I remembered that from the first meeting.

Fact Check

There are many weeks available for 3,000 points

What was really amusing is that we were given a paper stating that our price of $9.24 would be locked in until May 10, 2020. However, at the bottom, and I am not making this up, it said that the price of $9.24 was only available if we purchased that day, November 10, 2018!

From a May 16, 2017 Inside Timeshare article:

Inside Timeshare has received many complaints from members who say they were told they could pay maintenance fees at $.30 per point. It is an adulteration or, according to Diamond Hospitality Agents, a misunderstanding of a 30/30 program whereby 30% of vacation points can be credited toward travel discounts.

Here is one actual complaint from 2016:

Kathie O on December 6, 2016 reported being told she could redeem points for 50 cents a point to pay maintenance fees. The sales agent promised her she could open a Barclaycard to pay maintenance fees without explaining the reimbursement was on only 1.5% (at that time).

Fast forward to May 12, 2017 Kathie reported:

Yesterday in St. Martin sales agent Riza Young and her manager said that through travel services we could cash in 20,000 points for $.30 per point to pay for $6,000 in maintenance fees. We were also told at Grand Beach Resort in Orlando that if we bought 10,000 more points for $38,000 we could cash in 20,000 points for $10,000 to totally cover our maintenance fees of $8500 +. She told us she “hates it when agents lie to us.”

There is an abundance of confusion. Does Diamond think we are really that daft? That WE are making this up?

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

Once again the secret shoppers shed a great deal of light on the practices of sales agent at presentations, for those who have any doubts, the careers our secret shoppers have are ones of trust and integrity. Inside Timeshare knows who to believe.

Friday’s Letter from America

Welcome to another Letter from America by our very own Irene Parker, this week we revisit our series on the 3 Rs and 1F of Timeshare, but first a word of caution brought about by some very disturbing emails received by Inside Timeshare.

These emails are all concerning companies our readers have paid to “relinquish” their timeshares, all being told that the “exit notification letter” being sent on their behalf is all that needs to be done and they are now timeshare and maintenance free. They are told they should not engage with the timeshare company or need to pay any further maintenance fee.

Unfortunately this is not the case, several of our readers have paid a certain company who shall remain nameless at present, but they know who they are, to exit their membership with Diamond, around three years ago. These readers are still getting demands for maintenance fees along with a surcharge for interest. They are also being threatened with court action and a debt collection agency.

The company concerned with these exits tells the clients that they are free of their timeshare  and to “DO NOTHING, PAY THEM NOTHING”. “That Diamond would not take court action because they knew they could lose given the dubious selling practices and the fact that no court would allow a company to insist on payments for a product the owner cannot use”.

We know that Diamond does chase unpaid maintenance, the debt is usually passed to Daniels Silverman a Market Leading Debt Recovery Agency, based in Liverpool. So it is not Diamond who take the “debtors” to court, but Daniels Silverman on behalf of their client Diamond.

If you are told to stop paying your maintenance fees until you have official notification from your timeshare company that your contract and membership has been cancelled, then failure to pay puts you in breach of contract.

It is also known that Diamond will not deal with these “exit” companies, they have their own system in place and will deal direct with the member. Remember no matter what these companies tell you, they are not “lawyers”, they do not know timeshare, all they know is how to take your money.

Now for this weeks Letter.

The 3 Rs or F of Timeshare Revisited (prior revision February 16, 2018)

Resolution
Relinquishment
Refund
Foreclosure

By Irene Parker

November 16, 2018

Our Timeshare Advocacy Group™ advocates brace for when timeshare companies hit the “send” button as millions of maintenance fee invoices hit inboxes.

February 16, 2018, when this article was previously published, we had heard from 300 readers since we began counting January 2017. As of November 14, 2018, we have heard from exactly 600 readers.  Not one of our readers was aware of the limited to no secondary market for a timeshare. This often triggers a complaint.

There is rarely a need to pay anyone money to get you out of your timeshare. Special circumstances, or if a member requests an attorney, we refer to one of the law firms we know and trust, if the timeshare company refuses to help. Seeking legal counsel is the right of every citizen if they feel they have been harmed, as is filing regulatory complaints.    

If you have a complaint, our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because no one wins them all.

Timeshare companies cry, “Don’t call an exit company! We have your best interest at heart!” What the timeshare company means is:
Don’t call an exit company because it interferes with our recycled inventory process! Let us foreclose! We make collection calls to you no more than twelve times a day. (Six to each spouse, as has been reported)
When exist companies boast, “We can guarantee you release!” beware that that guarantee may include foreclosure. You don’t need to pay anyone to foreclose.  
Our complaint form: http://insidetimeshare.com/the-tuesday-slot-11/

Our goal:  Convert an angry, desperate, overwhelmed and confused member into an empowered member. Timeshare Advocacy Group™ has 44 core advocates, including a team of reporting advocates to answer questions about regulatory and, if needed, law enforcement filings. All of our Advocates are unpaid.  

The First R: Relinquishment

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their members. http://www.licensedtimeshareresalebrokers.org/

LTRBA members charge nothing up front, so they don’t waste your time or money by listing a timeshare that, in all likelihood, will never sell.

The Second R:
A refund is not easy to come by, but in cases of serious and obvious fraud; a refund may be achieved. The complaint process begins with a petition to the resort, followed by the filing of regulatory and law enforcement complaints.

The timeshare lobby ARDA has a Code of Ethics. Not one of the 600 members who have contacted us could tell us what the letters ARDA ROC stand for, yet collectively give about $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opt-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member. Despite our advocates and members forwarding approximately 200 complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response.

ARDA’s Code of Ethics:

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.  http://www.arda.org/ethics/

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including Minnesota AG Lori Swanson:  
“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….”
Chris Parker, a reporter for City Pages writes: “Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—and details of misconduct are kept private,”

http://www.citypages.com/news/the-plot-to-kill-consumer-protection/451334393

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.
http://insidetimeshare.com/tuesday-slot-arbitration/

According to the FBI agents and attorneys we spoke with, it is not legal for a company to hide behind fine print, providing sales agents the means to say anything they can come up with to sell points. With little enforcement in some states, deception prevails. Families after family have no option but foreclosure, if they have a loan outstanding. Most members contacting us do.        

The Third R

It doesn’t happen very often, but there is the possibility the member just doesn’t know how to use the booking system. Blanket statements like “You can always book online cheaper than using timeshare points” are not accurate. My husband and I are Diamond owners. We have often booked two weeks in Sedona or Orlando for less than it would cost booking online using our points.

I ALWAYS tell members when they say, “After we signed we read all these negative complaints!” that there are just as many and more who use and enjoy their timeshare.  

    Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed with the Better Business Bureau, Attorneys General, and lawsuits.

If you foreclose, there will be a hit to your credit score, but if you feel you are a victim of unfair and deceptive sales practices provide the credit rating agencies or your lenders with the reason why you refused to pay off a timeshare loan. Lenders are human. Many will take this into consideration.     

I asked timeshare attorney Mike Finn of the Finn Law Group some common questions we are often asked about the foreclosure process:
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 members be taken to court for non-payment of maintenance fees or loans?

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.

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. A foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about five 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

Our Advocates, bringing experience and expertise from all walks of life, are here to help you put your timeshare in the rear view mirror, if that is your goal.

Our mission

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene, useful as always, in the Tuesday Slot next week, we will have another “Secret Shopper” report, edited by Pete Gibbes the Secret Shopper Coordinator, so join us for another insight into the murky world of a timeshare presentation.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

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

Friday’s Letter from America

Today Timeshare Advocacy Group Secret Shopper Coordinator Pete Gibbes describes a remarkable Diamond sales presentation. Inside Timeshare is always ready to publish a good report. Pete has not yet heard back from the sales agents and managers who said they would look into the complaint that prompted Pete to become more involved with advocacy efforts. Inside Timeshare will follow along and report in as soon as Pete hears back.

On 17 October Inside Timeshare published an article warning about another new “fake” law firm in Tenerife called,  ADN Alberto Dlendro Nabalez, Litigacionespaña SL, we have now had another reader send us information on the contact they have had with them. It seems that the Director of their timeshare resort The Harbour Club at Los Gigantes, Tenerife, has been charged with fraud. ADN have told our reader that many owners are getting together to cancel their membership, ADN would do this for them for 20% when the claim goes through.

Our reader then received another call informing them that a date has been set for a hearing on 20 November at 12.20pm. All they need to do is pay the “fake procurator” as soon as possible and they would be part of the case. This is very speedy indeed, but as we have said before this is all a FRAUD, there is no case, the director has not been charged with fraud and no trial date has been set. If you have had a similar call to this regardless of who you own with, then contact Inside Timeshare, your information is invaluable in helping others steer clear of this outfit.

http://insidetimeshare.com/consumer-warning-a-new-fake-law-firm-in-tenerife-part-of-the-litigious-abogados-family/

It has been a very busy week for the courts all over Spain, on Wednesday 7 November there were 15 cases being heard in various courts against a variety of timeshare companies and resorts.

In Tenerife another High Court has affirmed a First Court sentence and declared a Silverpoint contract null and void, with the return of their initial payments and double the deposit paid.

Continuing with Anfi, after yesterday’s article, it was announce that a further two sentences have been received from the Court of First Instance No 1 in Maspalomas, both contracts have been declared null and void with the return to both the clients of over 43,933€ and 47,582€ respectively.

Court Sentences PDF’s

Anfi Sentence a

Anfi Sentence b

Now for this weeks Letter from America.

Our Diamond Resorts Experience

A Not So Secret Shopper Reports

By Pete Gibbes, Timeshare Advocacy Group™ Secret Shopper Coordinator

November 9, 2018

We stayed at Diamond’s Los Abrigados Resort in Sedona Arizona October of this year. I was treated like royalty during a member update and sales presentation, neither of which would have lasted 15 minutes unless I had more concerns. Our sales promotion presenter, who said he had been with Diamond Resorts for 27 years, said that if we would like to buy more points we could talk about it. If not, was there anything else we wanted to ask? I asked if I was in an alternate universe.

They maintained that the company no longer employs hard sell because they found it to be counterproductive.

The internet is flooded with complaints that begin with, “The sales agent said….” only to be dismissed with, “You signed a contract” or, as we were told in 2016, “We are not responsible for what our sales agents say.” In my opinion, any company which does not take responsibility for their salesperson’s words and actions is implicitly incentivizing them to misrepresent the product in order to elicit a sale. When the sales agent is allowed to keep his or her commission, time after time, undisciplined or not terminated, that company is rewarding unfair and deceptive business practices.

To avoid being fleeced, I advise – don’t believe a word a timeshare sales agent says. “You signed a contract” is a fair response for simple buyer’s remorse.  If companies refuse to reverse transactions when allegations of misrepresentations are detailed and credible, sales will ultimately be affected.

I hope our experience at Los Abrigados is representative of future updates to come.   We received “Priority Check-in”, i.e., whisked to their VIP accelerated check-in which, according to the Diamond Resort’s website, is reserved for ‘Gold‘ and ‘Platinum’ loyalty owners, but I’m just a ‘lil old Silver member’.

During the update I was asked to document my previous purchase elicited, I believe, by deception. They actually wanted me to put it all down in writing because they wanted to directly bring my case to Diamond. They said to specifically use the word ‘misrepresentation’, because that has been the term which phony sales presentations have been scrutinized over. They also said to be sure to put that I was pursuing legal remedies, because Diamond took that seriously.

Two or three higher level people at the update were shocked and dismayed about how we had been treated in 2016. A senior manager appeared and commiserated with us. He sweetened the vouchers. They maintained that several years ago the abusive sales practices were addressed and things changed for the better. They were glad that I had let them know how I had been so shabbily treated before. They wanted to go to bat for me. (My account of what happened in 2016 follows this Secret Shopper report.)

At the sales presentation we were told that we could use our Diamond points to pay for nights at ANY 3 star rated hotel. I’d be reimbursed for 300 (or 400?) points per night. Now that’s not a bad deal, at least for many Diamond stays. At 400 points per night for 7 nights you’d be paying 2800 points for a very nice lodging, and it would be wherever you wanted to go, whether there was a Diamond resort available or not. I had not heard of such a benefit. This time around I will confirm if this is true. I have this sales agent’s contact information. He said to call him anytime about anything.

Also, there are supposed to be now 39 different ways for you to spend points, although he said points for flight miles wasn’t a very good use of points at $.07 to $.10 per point. It would take about $2,000 in maintenance dollars to book one domestic airline ticket. Typically, the best of use of points for any timeshare member is to use the points to stay at the resort’s properties. There are 39 different ways to use points? That may be a whopper.

I would like for someone familiar with alternative uses of points to refer me to where all these uses are detailed so we can calculate the actual value. I don’t see them listed on the Diamond website. Members need to do their timeshare math, as using the Barclaycard to pay maintenance fees is only at 1% per purchase, so it would take $200,000 charged in a year to pay a $2,000 maintenance fee bill. When members are told, “You can pay maintenance fees by charging purchases to a Barclaycard”, do the math to determine the actual value of this strategy.  

We were given all kinds of extra vouchers and discounts to attractions because I had had such a poor experience with the company. The concierge seemed amazed at the generosity of our discount/voucher amounts. He said he had never seen anything like it. Thought somebody must have made a mistake. This may have been a bit of luck, but our unit had what surely must have been the best view of the red rocks as anyone there.

The entire experience was far friendlier than I have ever experienced at a Diamond Resorts property. It was bizarre. Could they have been apprised that I am TAG’s Secret Shopper Coordinator? Or does Los Abrigados just happen to be a resort where members are treated particularly well? If my dispute over our 2016 purchase gets resolved, I will credit the sales team at Los Abrigados. I certainly would praise this particular resort, if my experience is typical, which I don’t know. I thought you would find my experience of interest. Maybe someone can even explain it to me.

All in all, I felt like Donald Trump must feel like when he stays at one of his properties. I do have to say that if the people I dealt with were ‘acting‘, they should be up for some awards, because even my highly tuned BS detector never flashed any warnings. Unfortunately it never did two years ago either. Proof is in the pudding, as they say.

It may be advisable to make all the people on our advocacy site Co-coordinator Secret Shoppers.

Here’s what happened to us at a Hyatt presentation in Charlottesville 11/18/2016.

My goal here goes well beyond getting this transaction reversed. I am hoping all those who feel that they experienced unfair and deceptive sales practices will come forward and file regulatory complaints and warn prospective buyers to be EXTREMELY skeptical of anything a timeshare sales agent says. This is not fair to those selling the product honestly, but the liars are so good, it is impossible to tell the difference.

We originally purchased 11,500 points in 2007 at Lake Tahoe Vacation Resort. We were not unhappy with Diamond until the 2016 Virginia purchase.

We learned about six months after our purchase that a Diamond “buy-back” program described in great detail by our sales agent does not exist. The buy-back program was the only reason we purchased the additional 4000 points for $15,500.

We attended the member update only because we wanted to get out from under the Diamond points we had already purchased. It was then DRI sales agent Mark W offered us a “great new deal” whereby DRI members who bought enough points to become Silver loyalty members could sell back ALL Diamond points.

After multiple “no” responses to other reasons to buy additional points, Mark W brought up the non-existent program that was of great interest to us. He said that if we became Silver members, after three years, we would have the option to sell all our points back to Diamond for $108,000. He said Gold loyalty members would be able to sell points back in two years. He put this in writing (which I have), by writing down $108,000. He also wrote 2Y=G and 3Y=S.

I was extremely skeptical because I had never heard of a timeshare buying back points. However, after he repeated this ‘new deal’ about five times, we finally decided he must be telling the truth. We signed.

When we ultimately learned there was no buy-back program we repeatedly asked Diamond to cancel the contract. Diamond’s response inevitably was, “It doesn’t matter what the salesman said,” or even wrote down apparently. They said that we had signed the contract.

My oral and written requests to get our contract cancelled began around June 2017. When you buy additional points, obviously you are not thinking about selling. It is only until you inquire about selling you learn you were duped.

I am encouraged by the Sedona Diamond representatives and their willingness to look into our complaint. There is a lot more detail to our complaint, but no sense rehashing it here since the entire experience is well documented. I look forward to hearing what my new friends at Los Abrigados find out.   

Advocacy Facebook offer support groups for those who have had bad timeshare experiences like ours. Our Facebook has over 2,000 members.

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

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

https://tug2.com/Home.aspx

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

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

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

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


Contact us at Inside Timeshare or one of our Advocacy Groups if you or someone you know needs timeshare help.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

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

So that is all for this week, join us again next week for more news and views on the world of timeshare, have a great weekend.

Mid Week Round Up

It is with great sadness that Inside Timeshare announces the passing of Leo Gomez last Friday. Leo was a Vietnam Veteran with two Purple Hearts and was suffering from pancreatic cancer, he was 100% disabled from exposure to Agent Orange, he was also battling against Diamond and Barclays. His story was published here in our Friday’s Letter from America on 21 September, you can read his story at the links below.

Inside Timeshare and all the Advocates of our Diamond Resorts Owners Advocacy page offer our sincerest condolences to his family.

R.I.P Leo

http://insidetimeshare.com/fridays-letter-from-america-22/

https://www.opednews.com/articles/A-Fourth-Agent-Orange-Vete-by-Irene-Parker-Fraud-180917-513.html?fbclid=IwAR2P3xMxMwZt3_L5j2j6O5ZkjDFhrk0QYCn-Ai58wrOA2iw-L1-TI7yymbk

Yesterday we broke the news published in La Provincia, that the Cazorla brothers Santiago Santana Cazorla and Manuel Cazorla, are battling each other in court, it revolves around a dispute for the payment of an indemnification of 718,000€ to Arturo Ramirez, a partner of Manuel Cazorla, for the position of general director at Anfi. It appears that this title has never existed and he has never worked in such a position. It also appears that this position was invented to justify payment from Anfi funds.

https://www.laprovincia.es/gran-canaria/2018/11/06/director-anfi-declara-pleito-hermanos/1114520.html?fbclid=IwAR3ToH-WH_qkGKX4JCi9JB9sFFXZMLs0WCgMPoX5UyIe76wNuB33eYSR_UY

We wonder how the Anfi members now feel about this along with all the other scandals that have been taking place. One thing is for sure there is never a dull moment when it comes to Anfi. (See link to previous articles)

http://insidetimeshare.com/great-anfi-battle-partners/

http://insidetimeshare.com/the-great-anfi-battle-of-the-partners-round-2/

Another of our readers has sent in some new information on another company calling owners regarding claims, Canongate Marketing with the website

http://canongatemarketing.com/

This is not a brand new company, their website was originally registered on 1 April 2015 and is due to expire on 1 April 2019, the registrant is hidden once again by privacy protect. They originally came to light several years ago with the usual resale scam of the guaranteed buyer.

The address they give is:

Calle Leopoldo Alas Clarín 4,  29002 Malaga

With the telephone number:

+34 952 062 030 (Malaga)

The address is just a stones throw from the Port of Malaga and is in a residential area, although there is a shop which supplies mailbox services.

Our reader had a call from Canongate Marketing regarding his Diamond ownership, they explained that he had a claim which they would make on his behalf through the Spanish Courts. The amount of the claim is between £13,000 and £18,000. He explained that he no longer had any of the relevant paperwork, but that did not matter they could proceed without them, but he would have to fly to Spain to meet with them. They also act on a “no win no fee” basis and will take 60% of the returned amount.

Now we all know that lawyers fees will need to be paid before a case could go to court, also if there are no documents how could a case be prepared and taken to court?

So this leaves us with the million dollar question, what is the “bait and switch” for the client to have to travel, what are they going to “sell” to make their money?

We have no doubt there is going to be an elaborate scam involved, it is only a matter of time before we find the answer.

Well that’s it for today, if you have been contacted by any company or have found one on the internet and want to know if they are genuine, then use our contact page, we will be pleased to help.

Friday’s Letter from America

Welcome to this weeks Letter from America, today’s article is all about heirs inheriting your timeshare, with the introduction by Inside Timeshare’s very own Irene Parker, with contributions from Tom Tubbs of Island Consulting Realty and Mike Finn of Finn Law Group. This article will not only be of interest to our American readers but also to our European contingent.

But first Europe, news came in late yesterday of another High Court ruling from Tenerife against Silverpoint. Following a ruling against them at The Court of First Instance, Silverpoint appealed to the High Court. This court reaffirmed the previous courts verdict, consequently the original verdict has been upheld. The clients contract has been declared null and void due to lack of tangibility (a previous judge described it as “a bag full of smoke”), the client has been awarded over 24,000€ plus legal interest.

Again this is a case brought on behalf the client by Canarian Legal Alliance, these lawyers are just going from strength to strength.

After the article published yesterday about the “FAKE” law firm in Tenerife using the name of Mindtimeshare, another reader has sent in the following information on Abogados Litigación España  and JDD Juan Drimals Deolaro, which we highlighted on 22 October.

It is another “FAKE” compensation claim against Diamond, Grand Vacation Club and Sunterra, the Procurator fee was to be paid to one Ramon Juanca Comez in Tenerife who is also a “fake”. They also confirmed that a successful claim had been awarded amounting to 18,348€ plus 703€, obviously a “tax” of 20% would need to be paid before the court would release the money. Below are the bank details for the client to pay the procurator:

The Beneficiary  Ramon Juanca Comez

Address  C/Tortieras , Edif . Juntas , 323 Santa Cruz  38004 Tenerife 

A/C  IBAN … ES16 2038 9043 6060 0046 1027

BIC …..CAHMESMMXXX

Bank Address Avda.Santa Cruz 188 38600 Granadilla de Abona Tenerife

Now the address above is incorrect as this IBAN Number is the following bank in Valencia:

IBAN: ES1620389043606000461027  

BIC: CAHMESMM

Bank: BANKIA, S.A.

PINTOR SOROLLA 8
46002 VALENCIA

Branch number: 9043

SEPA Credit Transfer is supported.

SEPA Direct Debit is supported.

B2B is supported.

SEPA Instant Credit Transfer is supported.

 

Now on with today’s Letter from America.

Are Timeshare Developers the Pot Calling the Kettle Black?

The Heir Scare – The Same Scare Provided by a Timeshare Sales Agent and a Timeshare Exit Company Sales Agent!

A Second Warning We Wish We Did Not Have To Give

By Tom Tubbs of Island Consulting Realty

Following Phyllis and Marcy’s report

Introduction by Irene Parker

October 26, 2018

If Tom Tubbs Island Consulting Realty’s second warning wasn’t so sad it would be amusing. The most common complaint Timeshare Advocacy Group™ receives is:

“The sales agent said we had to give up our deeded week and buy points.”

The member, especially if a senior, is browbeat, told they have to give up their timeshare deed or they will be the last man standing, left holding the maintenance fee bag. Often the mostly bogus reason provided is that your heirs will be responsible for a deeded timeshare but not for non-deeded timeshare points.

The deed is usually paid in full, so by buy buying points via a loan, or charged to a credit card, the sales agent has created a liability when none existed. I’m not an estate planning lawyer, but I found this RedWeek post from a practicing estates lawyer:

To all those inquiring about your heirs being saddled with this albatross: I have been a practicing estates lawyer in NY for nearly 50 years. The information given to you by Laura (I believe her name was) was basically correct: your beneficiary cannot be “forced” to inherit (and therefore have to pay for maintenance etc.) for the timeshare. The legal route is to execute a disclaimer within 9 months after death, and make sure that you do NOT accept the timeshare by using it or otherwise indicating acceptance (e.g., trying to sell it as if you own it). However, each state has its own laws as to how one disclaims. ……Note though: the (resort) can then also disclaim it, so there are some further fine points legal steps that must be implemented in your Will or trust to deal with that possibility. But most definitely your heirs are NOT bound to accept the timeshare and make the payments if a proper disclaimer strategy is included in your estate planning documents.

stevenw on May 02, 2017 06:01 PM.

This is a complaint I read perpetrated by a timeshare sales agent falsely telling a deeded owner that she had to give up her deed or her heirs would suffer. Inside Timeshare previously published this account by Phyllis, age 67. She ended up representing herself in court and negotiated a lesser amount with the credit card company arbitrator. Following this scare offered by a timeshare sales agent, is the identical scare offered by a timeshare exit company sales agent.

What a timeshare sales agent told Phyllis (Unedited)

I feel I am a victim of fraud. I was asked to attend a breakfast to talk about upgrades on a timeshare I own. I was told it would last only 55 minutes. 4 highly pressured sales people took turns on me and held me for 7 hours, bouncing me into 3 different rooms. I told them I didn’t want it and that I already owned the timeshare over and over again. They said I have to buy into the new and I own my timeshare for ever, and that I could never get out of it. They said my Monarch timeshare went bankrupt and I had to invest with them or they would go after my children for payment. I had a panic stress disorder attack. I was tired and hungry.  I was tired. In order to get out of there I signed under dearest. I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. I received a letter stating the timeshare went into foreclosure. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please email me on what I can so as soon as possible. Thank You.

A pitch from U.S. Consumer Attorneys that Marcy submitted to Inside Timeshare which we previously published. Marcy called me the same day Phyllis did; both said they were having a panic attack over the result of their timeshare debacle. The timeshare exit company US Consumer Attorneys threatened Marcy as follows:

Louis S called me and said he was with US Consumer Attorneys Group and that he was calling about my timeshare. He was aware that I was a Diamond owner and that I owned at Ka’anapali Resort. He sent me a copy of their contract and said I needed to pay him $2900 to get out of the contract.  He said he is an attorney with US Consumer Attorneys Group. He said Diamond was going to take my house and my children would be responsible for paying all Diamond debts and that they would even attach my wages.  He said Diamond would also take my Social Security payments and my retirement.

I have not paid my Diamond maintenance fees for about three years. I wanted to deed it back to Diamond but they would not take it back when I was not behind on maintenance fees. I tried to sell it but no one wanted it.

Given the fact that many exit scam artists are former timeshare sales agents, it’s no surprise they will take the deception with them when they leave their timeshare sales job and make the move to an exit scam. Not all exit companies are scams, but this Federal Trade Commission link listing scams cannot be posted to often:

https://search.justice.gov/search?query=timeshare+scam+report&op=Search&affiliate=justice

Thank you once again Tom Tubbs for this important year end warning.

From Tom Tubbs at Island Consulting Realty:

A Second Warning We Wish We Did Not Have To Give

Hi Folks. So last week we warned you about “Exit” companies and this week we’re giving you a little bit of a different take on them. Why? We don’t want to beat a dead horse but it’s important that you do not fall victim to this. This time of year is when these companies get more aggressive in that they know your maintenance fee will be due soon and it’s a prime opportunity for them to pick your pocket. But first….Just what is an “Exit” company?

Well, these are the folks who “create” a problem that does not exist. This is a very common sales tactic with just about anything out there for sale or service. With timeshares, these companies create the VERY false impression that your timeshare is actually a burden instead of an asset. They give you the VERY false impression that you can’t sell it (although that’s what we’ve been doing for folks for the past 33 years….) and that when you die your kids will then be strapped with it (also false). Then they have a solution! (Of course!). Give them $3500 plus the deed to your timeshare and they’ll get you out of it. What great guys!

So in a nutshell what you have here is a company creating a problem for you that minutes earlier you did not know you had, and then solving that problem for you by you giving away your timeshare and your money! Problem is, for many of these companies it’s all one big fat lie; as the following story will tell….

Orlando woman says timeshare exit plan was all a lie

American Consumer LLC charged thousands then filed

Chapter 11 bankruptcy

ORLANDO, Fla. – Lisa Eller, a timeshare resort customer for 18 years, is convinced American Consumer LLC never intended to negotiate an exit from her resort contract despite promises from then Chief Operations Officer Cory “Hubb” Hubbell, that he could get it done.

    “He’s a smooth salesman; he seemed like he knew what he was doing,” Eller said. “He said, ‘It takes us about 12 months to work the program.'”

 Eller and her husband agreed to pay $2,350 for the program but just this week discovered no one from the company, aka A Consumer LLC, ever contacted her resort.

“They present themselves as people who have contacts at these resorts,” Eller said. “Our contract was paid in full; we were just paying maintenance.”

The last time Hubbell spoke to Eller was in March, according to Hubbell’s Facebook account, he left the company in May. Eller’s attorney, Jennifer Beaman Clark, told News 6 that when she advised the resort representative that her clients had been trying to resolve this for a year she was told, “It was the first time they had been contacted about the account.”

 According to records obtained by News 6, American filed Chapter 11 bankruptcy on Sept. 9. The registered agent, Brevard County Attorney Michael Sarocco, said he would try to help consumers who wanted to get their money back but that he had no official ties to the company. In an email to News 6, Sarocco wrote, “I no longer represent the company and do not have authorization to make any statements on their behalf.”

A review of state records shows Saracco was the registered agent for American Consumer Credit LLC along with another 12 companies all linked to the same manager: Dana Micallef. Micallef started the company in 2011 and, according to state records, lives in Daytona Beach. Still, it appears he has been calling customers from a New York area code.

Rebekah Nelson hired the company last September and agreed to pay $2,800 to get a release from a timeshare in Vista, California. Nelson told News 6 a man she believes to be Micallef, asked her to wire $700 to continue the contract. “They block the consumer from talking to the timeshare so you don’t know (American) is not doing their job,” she said.

Nelson is convinced there are dozens of victims who fell for the same scheme.

News 6 found a website that explained how the company claimed to complete the exit:

“When you enter into the contract termination process with Aconsumercredit™, we start to permanently remove your timeshare contract burden. No more fees. No more payments.” Nelson said she was told to stop paying her timeshare fees and that is when her credit was ruined.

If you believe you are a victim of this company, contact Mike Holfeld at [email protected]

For more information, contact attorney Saracco: [email protected]

See you next week!

Tom Tubbs, Broker, R.N.G.

Island Consulting Realty

800-809-6020 or 941-922-3808  www.TimeSharesToGo.com

Senior Licensed Real Estate Specialist

Co-Founder: Licensed Timeshare Resale Brokers Association

Board Member: Florida Timeshare Owners Group

Doctor of Funology

Related articles:

By Mike Finn of Finn Law Group:

How Can I Eliminate my Timeshare Liability for my Heirs?

https://www.finnlawgroup.com/eliminate-timeshare-liability-for-heirs/

Timeshare self-help groups:

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you to Irene, Tom and Mike for your contribution this weeks, we are sure this will be of great interest to all timeshare owners on both side of the “Great Lake”.

If you have any questions or comments on any article published, please use our contact page and get in touch, we welcome your input. If you need to find out about any company that has contacted you or you have found on the internet then get in touch and we will help you find out if they are genuine and trustworthy.

Friday is upon us and the weekend beckons, we hope that you all have a great one and just relax, join us again next week for more on the murky world that is timeshare.

The Tuesday Slot

My Experience with a Timeshare and a Timeshare Exit Company

Another Veteran Foreclosed

September 11, 2018

Inside Timeshare has heard from 73 US veterans and active duty service members and law enforcement alleging unfair and deceptive timeshare business practices. Today is September 11, a day we remember the Twin Towers, a day that shook the world. Like George Yamada, our newest veteran contributor, first responders have suffered health effects as a result of their service for freedom.

Mr. Yamada explains today how he had invested over $100,000 in a timeshare, losing about $50,000, forced to default on the balance. As he illustrates, the amount of money lost to timeshare exit companies often pales in comparison to the amount lost buying a timeshare for the wrong reasons.

Inside Timeshare has received many complaints from members in the U.S. and the E. U. who feel they were scammed by an exit company promising their money back if they are not released from their timeshare, only to learn the promise fell short.  Not all exit companies are a scam, but we consider any company not living up to their money back guarantee, to be in violation of Section 5 of the Federal Trade Commission code, “Unfair and Deceptive Trade practices.”

Read the guarantee you sign off on carefully, three words like “or in process” can made a big difference. The guarantee from the timeshare exit company’s website:

All Paid in Full Timeshare Cancellations are Guaranteed to be Transferred or In Process within ONE YEAR or Your Money Back!*

* All Paid in Full timeshares are guaranteed to be transferred or in process within the one year after you, the client, give us your file documents, or you will receive your money back.

Although George’s timeshare was not paid in full, he is adamant the company provided him this guarantee, even with his outstanding loan. Furthermore, the timeshare company issued George a notice of default. A default is not a transfer.  

By George Yamada

September 11, 2018

My wife Dawn and I are engaged in a battle we never expected. I am 71 years old, a Vietnam Army veteran, 70% disabled from Agent Orange. Veterans exposed to Agent Orange experience diabetes, kidney disease and other health risks. https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp

I administer pension plans. I can’t imagine any company in our portfolio treating their clients the way my wife and I have been treated.  

We purchased 41,500 Diamond US Collection points for over $100,000 as an investment. After learning the points are virtually worthless, I contacted a timeshare exit company December 2017 and paid them $6,000 to get out of the contract. The estimated turnaround time was expected to be four to six months. In April of 2018 I was told Diamond is overloaded with members wanting to get out of contracts, so it could take a year.

Summary of my purchases

In 2015 at Ka’anapali we bought a trial package for $1.93 per point.

In 2016 in Florida we purchased 6,500 points for $19,055 or $2.93 per points.

The third purchase was August 2017 by phone from Washington State. A lady called and said they could offer me a great deal. She said Diamond points are an investment for the future. They sold us on the discounted value compared to the current price. She said they could not offer the price we paid before because the price per point had gone up. Having bought at $1.93, this sounded like an excellent investment. We purchased 8,500 points for $28,560 or $3.36 per point.   

The fourth purchase was October 10, 2017. We met Juaquin B in Florida. Juaquin wrote $3.49 on a sheet of paper and then showed us the current price at $9 per point.  He would not give us the paper. He said that the points we had purchased had gone up so we could not purchase at the previous price. Juaquin told us this is the best investment we could buy because of Apollo. Apollo Global Management had acquired Diamond Resorts. As a pension administrator, I knew Apollo was a venture capital company. Juaquin said the more points we bought, the better our value. The sales presentation lasted six hours, and I am diabetic.

We purchased 20,000 points totaling 41,500 points for $58,000 or $2.90 per point.

Juaquin said our two prior loans would be consolidated so the new monthly payment would be $774. This didn’t happen. We ended up with payments of $500 a month plus $700 a month so over $1200 a month which is impossible for us.  

The maintenance fees for the points purchased Juaquin wrote down as $3,300, but since the loan was not consolidated, the maintenance fees were about $8,700. This was a sizeable percentage of our net income. After our expenses we were left with only $1400 per month for food and all other living expenses.

When I tried to contact Juaquin, he said he was extremely busy but would contact us. I called and texted him about 12 to 15 times with no response. When he finally contacted me, he told me to send my hotel and rental car bills to him and he would reimburse us. I have the email from when I sent him the bills. Juaquin had previously explained that I could use points just like money. He said my points are worth $3 per point. Juaquin said, “You could buy a gallon of milk with your points.” I never heard from him after forwarding him our bills.

Joaquin told us repeatedly we could sell Diamond points back to Diamond. When I called Joaquin to ask how to redeem points, he said he would walk me through the process, but would have to get back to me. I did not hear back, so I called Diamond financial services November 2017. I said I would sell points back to them for what I had paid. They said Diamond does not buy back points.  At my age, I would have never purchased $58,000 worth of additional vacation points if I knew there were so few buyers. We had only used the timeshare a couple of times. I disputed this transaction with my credit card companies. I had not qualified for their Barclaycard. Both cards gave us our money back.  

The company said in a press release that they promise transparency and accountability. They boast of a PROMISE that memorializes a series of operational procedures and enhancements in a single document. From their press release:

Transparency

  • We will provide clear, concise and consistent information at our presentations so that you can easily decide whether committing to vacation is the right decision for you and your family.
  • We seek to articulate the benefits of membership so you understand:
  • How to use your points for other travel arrangements, such as airfare, or (for our Platinum members only) how to apply them to maintenance fees.

It has now been well over a year since I signed with the timeshare exit company. I reached out to Inside Timeshare May of 2018. After explaining that I bought the points as an investment, I was advised to file a complaint with the Securities and Exchange Commission, because timeshare points are not a security and should not be sold as an investment.  Considering my background as a pension administrator, I should know if what had been described to me sounded like an investment.

I filed a complaint with the SEC June 3, 2018. Shortly after, I received a response from a SEC attorney. I contacted the timeshare exit company on July 18, 2018. The attorney I spoke with told me that they had received a Notice of Default-Revocation of Note dated June 13, 2018. It had been addressed to me but sent to the timeshare exit company. I asked the attorney why I had not been notified or sent a copy of the letter! He had no explanation. I asked for a refund or partial refund and of course the answer was no. I asked him why. He told me it was because Diamond could come back to them for any reason. Their guarantee was for a transfer, not a default!  

You don’t have to pay anyone to get defaulted!

EVENTUALLY, SOME LAWMAKER OR REGULATOR HAS TO WAKE UP TO THE HARM TIMESHARE IS DOING TO FAMLIES, SENIORS, and VETERANS.

Thank you to George Yamada for his service to America, for freedom and for sharing his experience. Contact Inside Timeshare if you have a timeshare experience to share. We publish all experiences, good or bad. The views expressed in member submitted articles are their description of their timeshare experience. The one true fact we know, is that the families contacting us often say that they are financially devastated by their decision to purchase a timeshare. Sold and bought for the right reasons, a timeshare can be of great benefit to a family.

Follow the link below for the article published in OpEdNews:

https://www.opednews.com/articles/Let-s-Honor-our-Veterans–by-Irene-Parker-Fraud-180908-59.html

 

Friday’s Letter from America

Welcome to the last Friday’s letter from America for August, this week Irene Parker reviews the similarities between victims of the Catholic Church and Timeshare victims, it looks at how speaking up can make a difference. But first a couple of items from Europe.

Another company offering discounted travel has come to our attention, Advantage Group British Travel SL, according to Spanish company records the registered address is:

C/ LA GAVIOTA 14 – APARTAMENTO 1-19, LOS ABRIGOS (GRANADILLA DE ABONA)

This address is actually an apartment block, no sign of any office in the street.

Telephone number (34) 922 456 773

The company was registered on 24 October 2016 with the administrator being one Victoria Hughes and the secretary one Caroline Elizabeth Docker.

It appears that they use OPC’s on the street with the ubiquitous scratch cards to lure holiday makers into a presentation. This will involve several hours of high pressure sales to get you to part with a significant amount of money for a membership to another dubious “discount holiday club”.

You will then get access to the following website

www.toptraveleurope.net

This can only be accessed once you have joined and received your code and membership, there is also a £75 a year administration fee.

Now the name of this company reminded us of another several years ago called British Travel based at the Centro Comercial Fañabe Plaza, which is also the base for Monster Travel, Sell My Timeshare and other Mark Rowe enterprises.

The director of British Travel was Paul Hughes, which was also a “discount holiday club”, but was pitched as a travel agency, where you could get discount from 25% to 80%. Obviously Victoria Hughes is more than likely his wife and is now the  front for this company, we also know that Caroline is linked to paul as they are facebook friends.

So beware the ticket touts and the offers of great discounts!

We have also been informed by one of our regular readers who had dealings with the fake law firm in tenerife, Legalidad Abogados, part of the Litigious Abogados family, of another email being received about his court case against Diamond.

This has caused us a great deal of hilarity, the case was supposedly heard on 24 July 2018 and the director of Diamond Resorts International pleaded guilty, just like all the timeshare directors in these cases from this fake outfit. You will never believe who they named as the director, MARK ROWE!

Well we all know that Mark Rowe is not a director at Diamond, he runs his own little empire featuring Monster Credits, Rewards and Travel, Hollywood Marketing and off course ABC Lawyers to name but a few.

So if you are reading this Mark, congratulations on your employment at Diamond and what a shame you ended up in court!

Now for today’s article.

Timeshare Predators compared to Catholic Predators

By Irene Parker

August 31, 2018

There are many good Catholic priests, sisters and nuns, especially Benedictine Sister Joan Chittister of Erie, Pennsylvania, speaking out on what has been the pervasive Catholic culture of institutional cover-up.

Sister explains,   

Pedophilia, the abuse of children, has finally unmasked for all to see the operational principles of an organization that has been able for years to ignore, reject– even disdain–the cries of multiple other groups of the ignored and abused.

It is clear now, in ways it was never clear before, how much damage is done to the church itself, ironically, by the kind of silence that makes it impossible for the church to admit its weaknesses, to deal with its questions. . http://www.joanchittister.org/

Something clicks inside a victim when they have had enough. Some timeshare companies employ the same tactics as the church. As timeshare members alleging fraud read through this, they will have no trouble seeing similarities. I advocate on behalf of timeshare members alleging fraud, alongside 44 Timeshare Advocacy Group™ advocates.

The Catholic scandal ultimately led me to timeshare advocacy. Turning anger over child abuse outward led me to CASA, Court Appointed Special Advocates for children in foster care, where I learned how to write court reports for Family Court. When timeshare members contact me, their complaints are often confusing and lengthy. I listen to their allegations, transcribe, and return to them their complaint in court report format. Other advocates answer questions that come up when members need to file regulatory complaints

A life’s journey can take many twists and turns. My life changed dramatically after a trip to Peshawbestown, Michigan to meet with tribal spiritual director and peacemaker Paul Raphael of the Grand Traverse Band of Ottawa and Chippewa Indians. Peacemaker Paul was one of nine male children who attended the Holy Childhood School of Jesus in Michigan where Indian boys were sexually abused by three School Sisters of Notre Dame nuns in the 1960s and ‘70s. I contacted him after reading a four part article about the abuse. By part four I was livid.

Unholy Childhood, June 29, 2008

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

Grand Rapids Michigan investigative reporters met with Sister Laura Jean Spaeth of the School Sisters of Notre Dame in Milwaukee. Sister Spaeth was skeptical about the credibility so the reporters interviewed a total of 80 former students to verify the abuse.

“My answer was if it was just one person, that would be a legitimate argument — but we interviewed 80 people and we heard a consistently recurring story,” Golder said. “And it was troubling to me that the leaders of the order, sought to dismiss what we were saying based on the other problems in their lives,…but it was clear to me, as people told the same stories over and over, that it established a pattern that was factual.”

In 2008 I was practicing for a pipe organ exam at the cathedral for an American Guild of Organists exam. Patrick Cooney was Bishop then. Stunned after speaking with Peacemaker Paul, I wrote Bishop Cooney a letter asking if I could arrange a meeting. Peacemaker Paul resisted saying, “How will that help us?” I said it wouldn’t but it would help the Bishop because he cares and hearing directly from Peacemaker Paul could possibly help Bishop Cooney stop a potential abuser.  

Wounded Souls July 8, 2008

https://www.northernexpress.com/news/feature/article-3251-wounded-souls/

“There have been up to 400 reports nationally of sex abuse by nuns,” said David Clohessy, former national director and spokesman for SNAP, Survivors Network of those Abused by Priests. “The laws are written in Michigan to protect perpetrators and those who are doing the cover-ups. There have been efforts in the Michigan legislature over the past five years to get those laws changed, to be more victim-friendly, but in each case the bishops and the bishop’s conference spent a lot of resources to get those laws defeated,” Clohessy said. https://en.wikipedia.org/wiki/David_Clohessy

After experiencing a timeshare bait and switch, I wrote to ARDA, The American Resort Development Association, explaining my concerns. I thought they would be grateful someone brought criminal actions to their attention. I did not hear from ARDA except for an auto-reply. Approximately 200 allegations of fraud have been sent to ARDA over two years – and no response. ARDA does not mediate disputes, but they have a code of ethics that is being violated, based on member reports.

According to Dr. Amy Grant, University of Central Florida, who presented at an ARDA World conference in 2017.

“A whopping 85 percent of all buyers regret their (timeshare) purchase (for money, fear, confusion, intimidation, distrust and other reasons). Forty-one percent of buyers never thought they would regret their purchase, but they did; another 30 percent were neutral prior to buying, but then regretted it.”

https://www.redweek.com/resources/ask-redweek/arda-world-timeshare-owners

Victims need to file regulatory complaints, lobby lawmakers and reach out to the media. I attended a Catholic conference where victims and clergy met to address the problems. It is only through the courage and fortitude of the Sister Chittisters of the world, change happens. It is unclear if the Pope or ARDA have really accepted the reality of Social Media because victims no longer need be silenced and isolated.

This article does go to show that only by speaking up and working together can any real change happen, these cases of abuse, although very different in nature, in the church and timeshare have one thing in common, both want you to remain quiet and say nothing.

That’s all for the month of August, the courts in Spain are about to start hearing cases again so there will no doubt be some interesting news on the legal front. Also during September Inside Timeshare will not be publishing regular articles as I am on leave and spending some quiet time with a large family reunion.

Have a great weekend and remember, any company that contacts you regarding your timeshare, do your homework before you do any business with them.