Browse Tag

Howard Nusbaum

Friday’s Letter from America

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

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

When ARDA’s Coalition for Responsible Timeshare Exit Fails:

What Happens Next?

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

August 9, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

A quote from an ARDA lobbyist:

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

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

Legacy Owner reports by Free at Last participants 

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

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

Robert sent his request for release to the following individuals:

To: Jerry E Andres, CEO Eagle Crest

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

Jason Gamel, ARDA President

[email protected]

Ken McKelvey, CPA, ARDA ROC President

[email protected]

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

Greg Crist, Association of Vacation Owners

[email protected]

Mr. Andres

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

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

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

Robert Kennedy

#2 Unresolved Simon D, Canada

Carriage Ridge Wyndham 

To Irene Parker at Inside Timeshare

August 5, 2019

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

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

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

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

http://www.canadianvoa.org/

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

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

This comment was posted on RedWeek:

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

#3 unresolved – a Medical Doctor

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

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

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

#4 Unresolved S E

July 20, 2019

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

#5 Inez

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

#6 Melissa

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

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

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

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

I have grouped our 21 callers into the following groups:

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

Please Sign this Petition to Reform Timeshare:

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

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

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

https://tug2.com/Home.aspx

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

Free at Last Facebook Straight-A Guide

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

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

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

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

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

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook

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

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

Have a Great Weekend and join us again next week.

The Tuesday Slot: Florida House Bill 435

Welcome to the Tuesday Slot, this week we have a look at proposed legislation in Florida describing stringent requirements on entities providing timeshare exit assistance, including law firms. Florida House Bill 435 was submitted by Representative Wyman Duggan, elected to the House of Representatives in 2018. Inside Timeshare here and abroad receives a daily diet of timeshare members describing how they experienced unfair and deceptive timeshare sales practices, and are then dismissed by the timeshare company with an over-reliance on the oral representation clause.There is an abundance of the Pot calling the Kettle black. The FL HB 435 Summary I would describe as “Gobbledygook”.

Definition of Gobbledygook

Language characterized by circumlocution and jargon, usu. hard to understand.

or

Unintelligible or nonsensical talk or language  

Having spent a large portion of our time chasing down fraudulent exit companies, we here in the UK would welcome more stringent laws governing exit companies, but we encourage lawmakers to consider listening to the timeshare member, in addition to taking orders from industry lobbyists and developers. For instance, how about allowing the timeshare buyer 24 hours to review a contract? If we want to talk about unfair practices, forcing a buyer to sign the same day after enduring a tag team of aggressive and sometimes dishonest agents, that have kept the buyer typically for four to eight hours, is unfair.

We will be publishing a number of articles about this bill due to its complexity and its apparent desire to maintain total control over the buyer without access to any outside help if the buyer has been defrauded.

Florida House Bill 435: Vacation and Timeshare Plans

GENERAL BILL by Duggan

(3)(Line 157)In the course of offering or providing timeshare exit assistance or relief services, a timeshare exit assistance or relief services provider may not:

b)(Line 163)Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for timeshare exit assistance or relief services before completing or performing all services contained in the written agreement for services.

Effective Date: 7/1/2019

Last Action: 1/30/2019 House – Referred to Business and Professions Subcommittee; Government Operations and Technology Appropriations Subcommittee; Commerce Committee

https://www.flsenate.gov/Session/Bill/2019/00435/?Tab=BillText

https://www.flsenate.gov/Session/Bill/2019/435/BillText/__/PDF

February 5, 2019

By Irene Parker

I’m not an expert in proposed legislation, but after studying the 22 page draft of Florida HB 435, it seems that if this Bill is enacted, it will leave the timeshare member at the mercy of their timeshare resort. Based on complaints from 676 timeshare members reporting unfair and deceptive timeshare sales practices, timeshare companies have not been owner orientated in terms of dealing with owners reporting unfair and deceptive timeshare sales practices. The majority of complaints have been dismissed with “You signed a contract” or “We are not responsible for what our sales agents say.” Many members have had disputes resolved, but only after repeated rebuttals and the filing of regulatory complaints.

I found the Florida HB 435 summary incomprehensible. The PDF file of the actual proposed bill is linked above. I have broken the summary down piecemeal, which helps a little.   

Vacation and Timeshare Plans;

Provides services included in timeshare exit assistance or relief services;

provides prohibitions for timeshare exit assistance or relief services provider;

requires certain disclosures in general & purchaser-specific commercial communications;

provides requirements for oral or audible communications;

requires written agreement to provide services;

provides requirements for written agreement;

provides requirements for when specific entities are providing relief;

prohibits person from providing assistance or support to timeshare exit assistance or relief services provider if person knows provider is violating law;

provides exemptions;

requires certain records be maintained for specific duration;

provides requirements for timeshare exit assistance or relief services providers;

provides criminal & civil penalties;

provides that purchaser or owners’ association may bring action for damages against resale service provider or timeshare exit assistance or relief services provider.

The timeshare lobby ARDA and the timeshare industry have yet to acknowledge unfair and deceptive sales practices exist on the front end of the timeshare sale, despite numerous Attorneys General investigations, BBB complaints, and lawsuits too numerous to mention. The internet is flooded with complaints.

Where are the lawmakers looking out for consumers who have been victimized by unscrupulous timeshare sales agents, managers and VPs? The amount of money lost to timeshare exit companies pales in comparison to the amount of money timeshare members say they lost because they believed a timeshare sales agent. This legislative action would be completely unnecessary if only the timeshare resorts were responsive to owners’ issues. Why would timeshare owners voluntarily fork over thousands of dollars to these third parties if their resort had properly dealt with their issues rather than rule the customer is always wrong because they signed a contract.  

Timeshare members and owners, who own resort interests at American Resort Development Association (ARDA) resorts, pay a ‘voluntary’ fee to support ARDA ROC, who purports to represent timeshare members. This Bill is a perfect example of owners paying to have their rights further impaired if this Bill is successful. While I understand timeshare exit scams are out of control, treating the symptoms without looking at the cause is illogical and irresponsible.

The Bill was submitted by Wyman Duggan, freshman House of Representatives, elected 2018, profiled on LobbyTools. Lobbytools? Contact Representative Duggan if you would like to voice your opinion.

District Address:

Suite 104

4114 Herschel Street

Jacksonville, FL   32210-2200

Phone: (904) 381-6011

 

Capitol Address:

402 South Monroe Street

1101 The Capitol

Tallahassee, FL   32399-1300

Phone: (850) 717-5015

Email: [email protected]

ARDA is a lobby organization and a Political Action Committee (PAC).  The ROC in ARDA ROC stands for Resort Owners Coalition. ARDA does lobby for members when an issue affects both the developer and the member. One example is a proposed $300 exchange fee the Virgin Islands wanted to impose a few years ago. However, when the issue at stake benefits the industry, timeshare members are short changed, with no voice in legislative changes. Name me one real timeshare member or owner involved with this legislation.

Howard Nusbaum, the president of ARDA, was recently quoted in a Consumer Affairs article claiming, “The vast majority of people are happy with their timeshare.” If so, why is there a sizeable timeshare exit industry? In the same article, Diane Burkhart explains how her parents were sold five timeshare contracts from the age of 85 to 88. Diane’s parents are #57 of a summary report of 70 Diamond Resorts Platinum members who have contacted Inside Timeshare describing how they were up-sold into insolvency. They say they purchased additional timeshare points promised maintenance fee relief that was not forthcoming or the ability to sell points, widely reported to be worthless. The maintenance fee in 2018 for 50,000 Diamond timeshare points was $8,631.  

The lack of a secondary market breeds the timeshare exit industry. I contacted 22 of the 60 plus members of the Licensed Timeshare Resale Broker Association (LTRBA) asking to list my Diamond points. LTRBA members charge nothing upfront to list a timeshare. They refused to even accept a listing. Desperate timeshare members waking up to the realization that there is little to no secondary market turn to exit companies. Approximately 200 of our readers, timeshare members, sent their complaint to ARDA ROC. ARDA ROC does not resolve disputes, but has a Code of Ethics. Members feel the code is being violated. At best has been an auto-reply with tips on how to sell a timeshare.

The only timeshare member to receive a real response to her complaint from ARDA ROC was Elaine Lim. If Elaine Lim forecloses on her timeshare loan it could jeopardize her job and her career as she has top security clearances. Her response from ARDA ROC was, “This has been resolved” even before the company contacted Elaine. The company response was basically, “You signed a contract.” http://insidetimeshare.com/fridays-letter-from-america-32/

When timeshare members receive their maintenance fee invoices, they are asked to make a $3 to $10 donation to ARDA ROC, When I questioned my $7 donation, prior to my becoming more involved with this industry, I was told ARDA ROC is a nonprofit that helps members. Timeshare members collectively give ARDA ROC approximately $5 million a year. I have yet to meet the timeshare member who can tell me what ARDA ROC even stands for.

Why doesn’t the legislature own up to unfair and deceptive timeshare sales practices? Why point the finger only at exit companies?

ALEC pictured above is not the name of a lobbyist. It is the name of another PAC, the American Legislative Exchange Council one Senator describes as a “Corporate Bill Mill.” The reporter in this YouTube describes how lobbyists sit across the table with legislators filling in the blanks on desired bills tailored to their wishes. https://www.youtube.com/watch?v=6MHYOB5uptc

How about a parallel timeshare Bill with the same wording to protect consumers from unfair and deceptive timeshare sales practices? Disgruntled timeshare members who have reached out to us are not financial deadbeats trying to weasel out of their contracts. They are medical doctors, lawyers, mortgage loan officers, professors, teachers, MBAs, PhDs, war heroes, law enforcement professionals, criminologists (one a PhD), a detective who worked economic crimes under cover, and a contract specialist, all alleging fraud, deception, and unfair timeshare sales practices. The perpetual timeshare contract with little to no secondary market is a recipe for financial disaster. Many families are financially devastated.   

Florida HB 435:

The Legislature finds that purchasers who are in

(109) default of their obligations to pay assessments, real property taxes, or other sums due, or to pay amounts due under a mortgage, lien, or encumbrance against their timeshare interests, or who may no longer desire to own their timeshare

interests, may be vulnerable to fraud, deception, and unfair practices with timeshare exit assistance or relief services providers.

122 to prohibit representations that tend to mislead; to prohibit or restrict unfair contract terms;

Our volunteers answer questions about regulatory filings when members complain of fraud, deception, and unfair timeshare sales practices. We are not focused on getting members out of their timeshare contacts, although members have had disputes resolved as a result of filing regulatory complaints.

Prior legislation, making it more difficult to be released from timeshare contracts, was passed in Florida in 2015. This drew sharp criticism from advocacy groups:

A bill making its way through the Florida Legislature that would loosen a cap on timeshare assessment fees and make it tougher for buyers to get out of contracts has drawn criticism from timeshare owners’ attorneys and advocates.

The lawmakers and the industry’s trade association, the American Resort Development Association, describes the legislation as a bill that modernizes state law. Gregory Crist, chairman and CEO of the National Timeshare Owners Association, sees it otherwise. “This is a developer-sponsored bill that strips away at consumer-protection mechanisms,”

Meanwhile, attorneys and timeshare owners have questioned a provision that reduces liability for timeshare developers if they make errors in contracts. Errors or omissions that are considered “non material” would not allow purchaser-cancellation rights after 10 days. Stargel said the legislation is meant to keep timeshare owners from getting out of their contracts by finding minor flaws in them. It is meant to cover only technicalities, she said, not major problems.

Last month, some members of a House civil justice subcommittee expressed concern that there is no clear definition of “nonmaterial.” That kind of murkiness will “lead to increased litigation,” said attorney Patrick Kennedy, who represents timeshare consumers

https://www.orlandosentinel.com/business/os-timeshare-bill-20150312-story.html

Other related articles:

http://www.timeshare-info.org/2015/04/mixed-reviews-from-industry-experts-florida-bill.html

http://insidethegate.com/gatehouse/2015/04/florida-usa-timeshare-news-april-18-2015/#sthash.41Peggzh.dpbs

http://www.orlandosentinel.com/opinion/os-florida-timeshare-tactics-scott-maxwell-20150411-column.html

Here are some Self-help groups we feel are not industry influenced. Get involved. Let your voice be heard. Too many families have been financially harmed by their decision to buy a timeshare, a product advertised to reduce stress.

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you to all those who have had a hand in the making of this article, your views and insights are greatly appreciated. Now to all our readers, read the bill in the PDF format below and see if you can fathom out what it all means!! Do let us know, we would love to hear from you and publish your thoughts and comments in our comments section.

https://www.flsenate.gov/Session/Bill/2019/00435/?Tab=BillText

https://www.flsenate.gov/Session/Bill/2019/435/BillText/__/PDF

Remember to also contact Representative Duggan and voice your opinions direct.

 

Start the Week

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

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

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

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

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

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

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

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

Silverpoint Sentence 13 Dec

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

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

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

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

Diamond Supreme Court 11 Dec

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

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

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

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

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

Friday’s Letter from America

This week’s Friday’s Letter from America is not the one we originally planned from Michael Kosor, this will be published in due course.

First a little news from Europe, only last week we told of the calls from HMRC informing people that they have money from the Spanish courts, one reader has sent us this information.

They were called by a Kipp Stuart from HMRC Accounting, this was with reference to a ruling at the Malaga courts, Kipp informed them that they were holding over £22,000 on their behalf, unfortunately as there was no paperwork then the funds could not be released. They were given reference numbers along with the following telephone numbers:

08713 581033 to confirm with HMRC

0034 602489947 for the Malaga Court

Wonderful, only problem, the 08713 number is not used by HMRC and also carries rather hefty charges.

The 0034 number is a Spanish mobile number and no court will issue mobile numbers for confirmation.

As we published before

HMRC DO NOT CALL PEOPLE WITH NEWS THEY ARE HOLDING MONEY ISSUED BY THE SPANISH COURTS!

On the subject of courts, it has been a rather busy, that lot at CLA have announced six more wins. There have been five in Tenerife, four of these against Silverpoint, with one of the largest awards we have seen for sometime. In this case the client was awarded over 67,000€ including legal interest and second instance legal fees with the contract being declared null & void.

The other case involved European Coast & sun Holidays SL, the judge of the Court of First Instance declared the client’s contract null & void, along with the return of over 15,000€, then as a double whammy he also ordered back payment of over 16,000€  double the deposit paid.

Then in Fuengirola at the High Court the judges reaffirmed a sentence from the Court of First Instance against Petchey Leisure, by awarding over 14,000€ plus interest and legal fees.

Back to Gran Canaria and the Court of First Instance in Maspalomas once again declared an Anfi contract null & void with the return of 21,000€ plus legal interest.

These are just some of the cases announced this week, it is certainly an expensive one for those companies.

Now on with this week’s letter.

The Deep, Dark, Dank, Obscured From View, But Very Lucrative Timeshare Developer Revenue Stream: Are Its Days Numbered?

money tree

By Mike Finn, Finn Law Group

Originally published by Inside the Gate

https://www.finnlawgroup.com/learning-center/timeshare-developer-revenue-stream-days-numbered

Clarifications in blue added by Irene Parker for non-legal minds (like mine)

September 14, 2017

We as consumers, with a certain level of understanding of business, probably attribute the lion’s share of timeshare resort revenue to two central factors: timeshare sales and timeshare rentals. As it turns out, there is a third major revenue stream that’s related to sales, but is an entirely separate source of revenue, and it’s a significant one. Depending on the nature of the initial purchase, whether it was a deeded interest, or more commonly over the past fifteen years or so, a “right to use” amalgamation of points, this shrouded revenue source may indeed also be in violation of certain state consumer rights statutes, including the Uniform Commercial Code.

I’m speaking to the universally accepted resort practice of the resort retaining every dollar received from a defaulting purchaser, even if the entire purchase price or an amount close to the total was paid over to the resort prior to the owner’s default. This would include a cessation of paying the purchase price, maintenance fees or capital assessments.

It’s not considered relevant, at least if one believes the purchase contract, to factor in the sometimes quite significant amount paid in up to the moment of default, in terms of any form of accounting back to the sum of money paid by the defaulting purchaser. It’s all retained by the resort pursuant to the purchase contract, as “liquidated damages”.

In other words, an unwitting purchaser could have paid in say $18,000 of his/her $20,000 purchase price (not to mention the additional payments of interest and annual maintenance fees), defaulted for any number of reasons and still be pursued by the resort as a debtor for the unpaid balance! Well, isn’t that appropriate, you may retort! After all, the purchaser has defaulted on a perfectly legal (on its face) promissory note obligation of $20,000 when only $18,000 has been paid? Well maybe, but let’s examine what happens next.

Foreclosure of real property and disposition of personal property are governed by different bodies of law. Real property foreclosure sale varies dramatically among the states. Personal property disposition is governed by each state’s versions of Article Nine commercially reasonable disposition.

I found this explanation of the difference in real property foreclosure compared to personal property distribution in Texas helpful:

Texas Real Property Foreclosure

Section 51.002, et seq. of the Texas Property Code defines the minimum statutory procedure that must be satisfied to properly foreclose upon real property. In addition to the minimum statutory requirements, the deed of trust executed by the debtor-mortgagor details the agreed contractual terms and conditions for foreclosure of real property.

Personal Property Disposition in Texas

Article Nine of the Texas Business and Commerce Code defines the minimum statutory procedures that must be satisfied to foreclose upon personal property. In addition to the Article Nine requirements, the security agreement executed by the debtor-mortgagor defines the contractual terms and conditions for foreclosure of personal property. Generally, personal property disposition must be commercially reasonable.

Commercially reasonable is the key concept here. We can all relate to selling a car. According to NOLO, there is no hard and fast rule on what “commercially reasonable” means. What is commercially reasonable depends on a number of factors.

The procedure, not the price, ultimately determines whether the sale is commercially reasonable. Whether a sale is commercially reasonable depends on four factors, the:

  • manner
  • time
  • place
  • terms of the sale.

Perhaps Mike’s concern as it pertains to timeshare foreclosure being commercially reasonable, as it applies to car sales, also applies to timeshare.

“There are times, however, when a private or “dealer only” sale may not be commercially reasonable”, such as in the following instances provided by NOLO. Two of the six points they mention seem to apply to timeshare:

  • the creditor has the ability to sell the car on the retail market
  • the creditor buys back the vehicle then resells it a significantly higher price.

What If I Believe the Sale Was Not Commercially Reasonable?

If you can demonstrate that the creditor did not sell your car in a commercially reasonable manner, you can raise that as a defense against any lawsuit brought by a creditor looking to collect on the deficiency balance. In some instances, if you can prove the sale was not commercially reasonable, the court may reduce or even eliminate your obligation on the deficiency balance.

http://www.nolo.com/legal-encyclopedia/car-repo-sale-was-commercially-reasonable.html

Back to Texas

Comparison of Texas Foreclosure Procedures for Real property and Personal Property

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

Thus, real property foreclosures in Texas are very defined and structured procedures unique to Texas law which do not require the sale to be commercially reasonable. On the other hand, personal property foreclosure sales are not structured by statute, but they must be commercially reasonable as to every aspect of the disposition, including method, manner, time, place, and terms. The apparent conclusion is that although the legislature has specifically defined the procedures that must be followed to dispose of real property, personal property may be disposed of in any manner the secured party elects, as long as the sale is in all respects commercially reasonable.

The differences between real and personal property foreclosure procedures and requirements have had interesting effects upon lenders and borrowers. The notice provisions for real property foreclosures mandate procedures known to both the lender and the borrower. The procedures provide certainty as to the mechanics of the sale. Both lender and borrower are offered an opportunity to dispose of property, with each fully understanding when, where, and how the sale or purchase will occur.

In contrast, the nebulous standard of a commercially reasonable sale leaves both the lender and the borrower uncertain as to the ultimate and satisfactory sale or purchase procedure for personal property. Article Nine attempts to place the burden on the secured lender seeking a deficiency to sell in a commercially reasonable manner, whatever that may be in the particular circumstances found by the lender. Likewise, the debtor has no knowledge of how the lender will proceed with foreclosure and has the burden of proof, if attacking the sale, to show that the sale was not commercially reasonable. The more certain real property foreclosure procedures seem to work more effectively for both the lender and the borrower.

http://www.lenders360blog.com/2008/10/real-estate-foreclosure-vs-ucc-personal-property-commercially-reasonable-disposition/

Commercially reasonable according to Cornell Law School: A disposition of collateral is made in a commercially reasonable manner if the disposition is made:

(1) In the usual manner on any recognized market;

(2) At the price current in any recognized market at the time of the disposition; or

Wait a minute here!

face

“At the price current in any recognized market at the time of disposition” means my Diamond Resorts points should be sold for nothing. Not one of the 64 members of the Licensed Timeshare Resale Broker Association will even accept a DRI listing and even Howard Nusbaum, CEO of the timeshare lobby ARDA, has been quoted as saying modern timeshare is a right to use product so the member should not expect any value back. I think Mike really is onto something!  

Other timeshare companies may argue that they do have a secondary market, but even those fortunate to be able to sell their timeshare, frequently sell them for pennies on the dollar of their original investment.

(3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.

https://www.law.cornell.edu/ucc/9/9-627

Now on the edge of my seat, we continue with Mike’s narration:

In our original example, is the developer out the missing $2,000?  Ask what happened to the object of the $20,000 purchase? Well look at that, the actual property never, even for a moment, left the possession of the developer! My goodness, the developer just re-sold the interest to another brand-new buyer for a fresh new $20,000! So now are you still comfortable with the original purchaser being pursued for the missing $2,000? Perhaps sued, almost definitely having derogatory credit reporting, not to mention harassment from bill collectors? So what exactly happened to the first purchaser’s $18,000 paid to the resort? Is any of it accounted for with maybe a portion returned to the guy who ended up with nothing except perhaps a lawsuit?

Not a chance in Hades! The so-called ‘extra revenue stream’ is now actually an extension of the existing stream to the developer from sales, and sales, and maybe still more sales. How many times can the same unit interest (or bloc of points) be resold over the life of the project?

The distinction (and thus a portion of the reason for my overly dramatic title) is that typically sales revenue in say a condominium project is recorded once, and the revenue is, of course, offset by the cost of acquisition of land, construction costs, marketing costs, etc. and the net amount remaining after those costs is the developer’s profit. However, in the case of the timeshare developer, the original buyer covered those costs in their initial transaction, therefore the new additional piggy-back to back transactions didn’t come with any more land acquisition or construction costs, and therefore essentially came only with very little new or fresh costs of sale beyond the re-marketing costs.

light bulb

Well wait, you might say, this can’t be right! You sure this practice is universal? Yes? Well then, are you sure this unconscionable practice is even legal? Good question, and one wherein the answer to that question may be evolving and it’s not necessarily the laws in place that are changing, it’s the timeshare product changeover, the newer form of the property that is being marketed by the developer that is creating a change in which already existing laws are now perhaps becoming relevant to the timeshare purchase, and by doing so may be enforced by the previously out of luck defaulting purchaser. In fact, it may well be that the same old existing law pendulum may be swinging back in favor of the consumer!

I reference the fact that over the past decade plus a few years, there has been a change in the product that the timeshare industry is selling. Just after the turn of the century, the industry has backed off of selling of the deeded weekly timeshare product, which was indisputably a real estate product, in favor of a product they tout as being more user flexible: a product called a “right to use” product. Setting aside the differences in the actual ability to use the two very different types of timeshare “ownership,” the focus of this article is on the migration of the timeshare product from a real estate based product, morphing into what we attorneys refer to as “personalty”.

In our lawyer’s world, everything not legally defined as real estate is personalty (the only other option in the law). Presumably a ‘right to use’ timeshare product (points based) is not considered by the law as real estate, (if it no longer possesses any attributes of real estate and therefore as ‘personalty’, is subject to differing state laws particularly including the universally adopted, in some form in every state, Uniform Commercial Code).

Additionally, state laws regulating the real estate within its boundaries, do vary from state to state. Personalty, however, is a commodity of a different color. The Uniform Commercial Code (UCC), as its title suggests, is nearly uniform in its textual content, and from an applicability standpoint, every state in the Union has adopted, with minimum exceptions not applicable to this article, a version of the UCC almost identical with its neighboring states. In other words, as we discuss the law of personality (again, all that is not deemed real estate) we can speak to it across the board. These laws apply everywhere within the USA.

As a Florida lawyer, you may have seen other articles where I either cite specific Florida statutes or have issued a cautionary statement that the principles I was espousing may not apply in other jurisdictions. Contrast this article where I do not constrain my statements. Also, rather than cite state specific portions of the UCC, I, in places, simply refer to Articles within the UCC and in others the ‘pure code provision’.

Further, this article is not intended for an audience of lawyers or jurists. It’s intended for consumers to get a grasp of a relatively new set of laws, including the Uniform Commercial Code, that now may begin to play a much greater role in the laws governing timeshare projects and correspondingly, the developers who operate these projects.

I would like to ask Mike at this point about another universally accepted practice – advising borrowers to go home after purchasing their dream vacation plan and arrange financing with their bank or credit union. Perhaps it’s the subject of another article, but the majority of complaints received by Inside Timeshare say their sales agent advised them to seek a home equity loan to lower timeshares usury type timeshare lending rates. Many have done just that. My husband and I were told we could get lower rate financing, “No one should finance at our rates,” warned Donna. (Grand Beach, FL July 2015) I guess buyers that follow that advice are just out of luck, like Sylvia Saldana, now stuck with a $30,000 home equity loan after Diamond Resorts “took back” $60,000 worth of timeshare points. To make matters worse, Sylvia said she was aggressively encouraged to open Barclaycards, told buying more points would lower their maintenance fees. Had she succumbed to that suggestion, Sylvia and her husband would have lost even more money.

http://insidetimeshare.com/irene-parker-write-barclay-card-usa/

Back to Mike

Consumer rights may also get a major boost by the applicability of the UCC as well, since, to the extent that a contract provision contradicts an applicable statute, that contractual provision will be rendered null and void.

So, for example take the typical contractual provision that, “all monies paid will be retained by the developer as ‘liquidated damages.’’’ Essentially, the amount of damages fixed must be reasonable ‘in light of actual or anticipated harm’ and a term fixing an ‘unreasonably large amount’ is void as a penalty.

Therefore taking a contract, say with a 10% down payment and then adding subsequent monthly payments, the sum total could easily become ‘unreasonably large’, particularly in light of the quick turnaround on the “use rights” for which there has been a default, assuming which I think is fair with on-site sales team (ARDA’s Mr. Nusbaum calls them forever sales centers), that the interest will be promptly re-sold.

Another example of a UCC provision that may well change the way defaulted buyers are treated is as follows. The included reference to the specific UCC provision is the actual textbook unadulterated Code provision number, and may well differ from numbered state specific statutes. The developer or secured party is under a duty to notify debtors of the disposition of collateral under UCC Section 9-611. Further, the disposition must be done in a commercially reasonable manner.

Of particular importance, the secured party/lender is required to apply proceeds of any disposition to the underlying debt once expenses have been taken.

Is this where we end up with money back to the debtor? Can we go back to our original example?

I paid $20,000 and default at $18,000. For sake of discussion I am current on maintenance fees (which is probably not the case). The developer sells to the next hamster my forfeited points for $20,000. I am relieved of the $2,000 still owed, but if the developer sells for $23,000, I will be relieved of the $2,000 owed plus get $3,000 from the surplus amount? This next sentence sounds like the answer?

Also of notable significance is the duty of the secured party to pay the debtor any surplus which results from the disposition of collateral.

Additionally, the secured party/developer is liable for any damages caused by its failure to comply with Article 9.

In summary, a new day in the life of an unhappy timeshare owner is dawning. Existing laws never before applied to timeshare purchases may well now apply and particularly those timeshare interests that are non-real estate based like the ‘right to use’ interests that are now the mainstream of the timeshare community! Stay tuned for future developments on our website as we begin to apply the theories and applicable state statutes referenced hereinabove.

Respectfully submitted,

Michael D. Finn, Esq.

www.finnlawgroup.com

michaeldf[email protected]

work desk

Whew! That was exhausting. It’s a good thing we have legal eagles to figure these things out because Charles Thomas and I get pretty depressed at times listening to “Nightmare on Timeshare Street” stories. We have heard enough to fund a series. The question I am most frequently asked is, “How can they sleep at night?”

Thank you to Mike Finn for the chance to publish this and also to Irene to add her clarifications for those without legal minds.

It now only remains to say be careful who you do business with, check and check again, if you need help, then contact Inside Timeshare. Have a good weekend.

weekend02

Friday’s Letter from America

It’s Friday! Time for another Letter from America, this week one of our advocates writes an open letter to an industry advocate, Irene Parker provides the introduction, but first some news from Europe.

Those nefarious fake lawyers from Tenerife are at it again with another new twist to secure your money. This time it is from Armando Gareca Abogados, one of the new names in the Litigious Abogados family, thank goodness this reader decided to search the web before paying any money and found our articles.

armando-gareca-abogados-logo-1

This particular reader was contacted by Armando Gareca and informed that a case had been lodged with the court against their timeshare resort, not bad considering the courts are closed in August. They were informed they could become part of this case and once they paid the Procurator fees of 1,012€ the case would proceed. It all sounded very good, they were told how much they would be getting back and when they would receive it. Obviously this law firm has a crystal ball and can tell the future!

As we said the courts are closed in August, but also they have expanded their jurisdiction, the Spanish courts and these so-called Spanish lawyers now have the power to take a Greek resort to court in Spain. Not only that Spanish law is applying to a purchase made in Greece!

So just to recap, if you purchased your timeshare in Spain or any of its territories, then Spanish law will apply, if you purchased in the UK, Malta, Portugal, Greece or anywhere else in the world, then Spanish law will not apply. Also it takes at least 12 to 18 months to get a case to court, there are some lengthy procedures to go through before it gets to trial, so the promises of this particular group that the case is being heard within weeks are false.

We have also had some enquiries regarding finance for timeshare purchases arranged by the sales staff, many of these are with Barclays Partner Finance or Hitachi. Some of our readers who have been contacted by various claims companies are told that once they sign up for legal action, they will have the loan stopped and the interest repaid.

This is a false claim, the timeshare resort acted as a broker for the finance, your agreement and contract is a personal one with the finance company and nothing to do with who sold you the timeshare. If you are taking legal action against your timeshare company, the loan is a separate issue, which can only be dealt with after a successful outcome against your resort. By stopping any payments to the finance company you are then leaving yourself open to legal action by debt collectors and subsequently receiving a CCJ, or County Court Judgement. This will have a devastating effect on your ability to get any credit, even being able to get a mortgage.

So beware of many claims, these people will play on your emotions, make promises that are not there, it pays to to check and double check. Do your homework!

homework

Now we move on to this week’s Letter from America.

An Advocate’s Open Letter to an Industry Advocate

greed1

By an Advocate

Introduction by Irene Parker

August 25, 2017

The following is a letter submitted to Inside Timeshare written to a timeshare industry proponent by one of our Timeshare Advocates. The letter is in response to an article the author wrote posing the question as to whether the timeshare industry needs to look in a new direction.

The letter writer asked that he not be identified and that the title of the article not be mentioned as this was a personal letter written to the author. One thing sorely lacking is dialogue between critics and proponents of the right to use timeshare product which can be financially devastating for a family when the resort denies their release and when no secondary market exists.

Following the article I have offered comments agreeing and disagreeing with both the author of the article and the letter writer. We encourage others to weigh in.

Thank you to our Advocate reaching out to the industry. We hope he receives an answer.

QA

In your article you state, “Timeshare is definitely not a real estate investment and apart from the occasional overzealous sales associate, timeshare companies long ago stopped pitching it as such an investment.”  While I agree with your assessment that it is not an investment, I must ask, are you saying timeshares are not real estate or are not an investment?  I also read other timeshare articles you wrote. You are knowledgeable, but I believe you missed some of the key issues a potential buyer of the product needs to understand. You are not the only financial timeshare writer glossing over two important issues:

  • Timeshares have no viable secondary market,
  • The timeshare product has evolved to no interest in real property.

Consider the potential impact on the industry, or better stated, why the issues have not yet impacted the industry.

You rightly state in your article, timeshares are overpriced and there is no appreciated value in the real estate. I wish you had made it clear, that once purchased, a timeshare has no value. You must be aware of the fact that there is no viable secondary market. With little data available (the industry controls it), I find the “sale” of most timeshares on the secondary market require the seller to bring money to the transaction. That equates to a negative value.  

Recently, in an effort to avoid increasingly ugly publicity, many of the largest players are offering a “give back” or “surrender” option to older owners, not actively using or able to use their timeshare, provided the associated home facility is viable and the product is fully paid. These guys are such good sales people they have actually been successful in improving their image, offering certain members in select properties the opportunity to give back their timeshare to the developer with nothing in return other than to escape their burden. The timeshare interest they bought for $20K to often well over $100K is given up for nothing so the developer can resell as new.  

The non-viable secondary market environment is no accident. It certainly is not caused, as ARDA would have you believe, by an oversupply of inventory, or the result of advocacy groups and “sell your timeshare” type organizations that illegally prey on owners. ARDA has long acknowledged the lack of a viable secondary market and has for years committed to fix it. While out of the public eyes, ARDA does nothing, even works not so secretly against efforts to raise a secondary market.

I am sure you have read industry 10Ks. In most every 10K I have read for the past 15 years, the existence of a secondary resale market would have a significant negative impact on developer earnings. It’s no surprise the industry is active in suppressing the market to eliminate their perceived risk. I just wish our consumer protection guys, wherever they may be, would mandate the same level of discourse for the individual timeshare buyer.      

I also wish you had not implied a timeshare interest is necessarily tied to a real property interest (and again the industry should be required to disclose this to potential buyers). The classic deeded timeshare is today by far the minority of sales. Timeshare consumers buy either an interest in a “user rights” trust, not the underlying real estate, or simply buy into a timeshare “club” arguably not a timeshare at all. Many in the industry call them vacation clubs.

Please understand my criticism of your piece is meant to be constructive and more importantly, intended to spur some additional interest on your part by examining the member’s perspective. Few consumers really understand the product and/or business model. The consumer protections guys are asleep at the wheel or have no mandate/political incentive to get involved, and the industry will not speak up for fear of risking a very profitable business model born on the backs of timeshare buyers fallen victim to the oral representation clause, locked into a perpetual contract. It’s tough for the consumer or the industry to get the real picture.

Have you had a chance in the past several minutes, as you struggle through my letter, to consider my question about the implications of the issues presented?

  • No secondary market,
  • Inadequate regulation,
  • ABS markets,
  • Cash flow should the issue of a non-equity product make the light of day,  
  • Inadequate disclosure as to the lack of a secondary market.

I am right?  No?

Well, I will end now and hope you do consider the implications of what I touched on. If I have sparked any additional interest on your part I’d like to talk more. Please call or write.

Respectfully,

An Advocate

gps cartoon

I would like to add a few comments to some of the issues raised or not raised by the letter writer and the article’s author.

First, I disagree with the article’s author in his statement that only a few overzealous timeshare sales agents sell a timeshare product as an investment, as the US side of Inside Timeshare continues to receive complaints almost daily from our readers reaching out to us for assistance after they allege being sold by deceit, concealment, violation of trust and bait and switch, meeting the definition of White Collar Crime, Financial Institution Fraud. Timeshare sold as an investment, told it would be easy to resell, is still one of the top five complaints.

We always want to acknowledge sales agents and developers trying to exist in a timeshare world so ingrained in deception on the front end of the sale. The 7,000 plus timeshare members belonging to five Bluegreen and Diamond Resorts Facebooks are filled with posts concerning allegations of deceit.

Second, surrender programs are no help to the majority of timeshare members that have reached out to Inside Timeshare because these members allege they were duped into signing up for high interest rate loans and credit cards. High 25% interest rate credit cards now can pop out on site like toast out of a toaster. Multiple credit cards are often opened.

As to a secondary market, we have heralded Disney Vacation Club as a company that allows an acceptable secondary market.

http://insidetimeshare.com/mid-week-report/

This is where the letter writer and I disagree. Licensed Timeshare Resale Broker Judi Kozlowski of RE/MAX would argue Hilton also has a solid secondary market in that they don’t punish the secondary point buyer to the extent other developers do. Judi has been working the Hilton Grand Vacation timeshare resale market since the beginning of their current resale program.

“In my opinion, Hilton has the best resale market out there – the developer does not punish the resale deeded points buyer. Buyers of points on the secondary market are rewarded with the ability to join the Elite Club. They are still allowed to use the open season rates, trade internally and use RCI through Hilton.”

Third, I disagree with the letter writer in that he states ARDA has stated they want to fix the secondary market problem. I think that is old news from a 2014 RedWeek article. In recent statements, ARDA CEO Howard Nusbaum has stated timeshare is a right to use produce so members should not expect any value back. My rebuttal is that if timeshare is now defined as a country club of sorts, why is the contract perpetual? What country club is out there you can’t quit? What country club, except for the likes of Mar-a-Lago, requires an initial payment of often $50,000 or more?  What about the consumer that has turned over $50K to sometimes over $100K only to learn two weeks later they allege they were lied to as showcased in several of our Nightmare on Timeshare Street articles.

The letter writer mentioned Advocacy groups. I would like to make a distinction between real advocates and scam artists that call themselves advocates, including some law groups. We have 93 timeshare members helping other members I consider real Advocates. We also have 55 Advocates, including several attorneys and professionals, who donate their time pro bono to offer an assessment or opinion after the resort has denied the member relief.

Thank you to our letter writer and to all our Contributors. Your voice is important because one or two voices alone do not a concert make. Contact us or one of the Bluegreen or Diamond Facebook pages if you need assistance, would like to share your timeshare experience, or express your opinion.

pin up

Timeshare Advocacy Group™

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

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

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

There we have it, the end of another week and the start to what we hope will be a great weekend. Inside Timeshare thanks all those who contact us with information and enquiries, it is with your help we can bring those issues to a wider audience. Keep them coming.

Have a great weekend and join us again next week.

weekend01

Mid Week Report

Following on from the news that TATOC is no more, the latest news is that TATOC Consumer Helpline Ltd has also been wound up, when more comes in we’ll publish it here. If you have tried to access the TATOC website, you will have noticed that it no longer comes up, confirmation that TATOC and Harry Taylor are truly gone, although we wonder if any of his old allies (MacDonald Resorts) will be offering him a job?

job wanted
Contact Harry or is it Henry Taylor?

On the story published yesterday regarding the sand on Tauro Beach, The Canary News has also published a full in depth report. It not only looks at the controversy surrounding the importation of sand from the Western Sahara, it also has a very good introduction to the history of this region.

http://thecanarynews.com/the-shifting-sands-of-tauro-beach-investigation-for-alleged-breach-of-un-international-law/

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

Now it is August, the courts have closed down for the month, so there will be no news emanating from there. Good news for the timeshare companies! But it is guaranteed that come September there will be a flurry of sentences being announced.

It is also a time for the new “scams” to start getting ready for the Autumn and Winter season, the new company names and websites will soon be surfacing along with some of the old names that will be resurrected. So be warned, do your homework first, check and recheck, these scams are getting very sophisticated, you only have to see the articles on Litigious Abogados and their family of firms. If in doubt or not sure how to check, then contact Inside Timeshare.

So now on with our Wednesday article from Irene Parker.

Welk Resorts sues Timeshare Exit Team for Racketeering

Right To Use timeshare programs need a secondary market

hear no evil

By Irene Parker

August 2, 2017

Welk Resort of Lawrence Welk fame has sued Timeshare Exit Team for racketeering. Once again, the lack of a secondary market forces beleaguered timeshare members into the nets of alleged unscrupulous transfer agents when a resort provides no exit for members sold a timeshare contract in perpetuity.

First, a hat’s off to Lawrence Welk, a big band great that kept early American households riveted to their seats for over 20 years. To this day the Welk resort is a family friendly resort that knows how to run a business. My husband and I stayed at a Welk Resort in California. It was one of our most memorable timeshare vacation experiences.

https://www.youtube.com/watch?v=PDgzQyiUfEo

Inside Timeshare has received a volume of reader responses alarmed that there often is no way out of a timeshare contract. ARDA and the industry have lauded timeshares evolution towards a right to use product and have stated members should not expect value back when they seek release from a right to use timeshare.

The problem with ARDA’s “see no evil, hear no evil” position is – about 90% of the complaints Inside Timeshare has received, have loans attached and many allege they were duped into signing off on high interest rate loans and credit cards. Voluntary surrender or “take-back” programs require the member be free of loan encumbrances. In addition, voluntary surrenders are never guaranteed.

Mr. Howard Nusbaum, President and CEO of the American Resort Development Association (ARDA), was quoted in a June 2014 RedWeek article in reference to the lack of a viable timeshare resale market, “This is a legacy problem. People buying a timeshare today are buying it from multisite clubs that have management forever and sales teams forever, so the ability to recycle inventory will not be a problem in the future.”

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

Timeshare Exit Team Response to the Welk Resort lawsuit

Response from Brandon Reed, founder and CEO of Timeshare Exit Team:

Timeshare Exit Team learned of this matter through a media release distributed by Welk Resorts on July 26, 2017. Following the news being publicly distributed, we were formally served on July 27th, 2017, and intend to present a vigorous defense to these claims. We would also like to inform consumers that the meritless lawsuit and inaccurate accusations therein will not dissuade our team from continuing to advocate for consumers.

I’m proud of the service we offer and of the company we have built. Timeshare Exit Team has built an unparalleled in-house team, leveraging effective outside resources as needed, to assess each customer’s unique situation and to provide them with qualified, thorough, and trusted management of their issues.

The Welk Resort lawsuit v Timeshare Exit Team reported by Business Wire    

“SAN DIEGO–(BUSINESS WIRE)–Welk Resorts, developer of family-friendly vacation resorts, has filed suit in U.S. District Court for the Southern District of California against Reid Hein & Associates, operating as “Timeshare Exit Team,” and law firms in two states for allegedly operating a nationwide racketeering scheme to induce vacation owners to disrupt Welk’s contractual relationships with its vacation owners, causing breach of contracts, delinquencies and defaults that damaged Welk, the vacation owner association and vacation owners.”

“The suit cites fraudulent racketeering activity, intentional interference with contractual relations, and violations of the California unfair competition law, California Vacation Ownership and Time-Share Act, California False Advertising Law and the state “Running and Capping” Law. The latter makes it illegal for non-attorney agents to obtain business for an attorney or law firm for compensation, or solicit others to engage in running and capping.”

Timeshare Exit Team charged fees of $5,000 and more for this “service.”

http://www.businesswire.com/news/home/20170726006103/en/Welk-Resorts-Files-Suit-Timeshare-Exit-Team

Timeshare Exit Team fulfills an HOA Collections Agent’s Prediction – Previously Reported by Inside Timeshare

Kristi, a Home Owners Association timeshare collection agent I interviewed back in March of 2017, complained of lawyers transferring timeshare contracts to fictitious persons or LLCs. Some things are universal. Charles Thomas has been reporting on a recurring “Litigious Abogados” theme. Inside Timeshare is published in Spain.

As reported by Inside Timeshare in our interview with Kristi:

Irene: Are you familiar with Timeshare Exit Team? One of their agents contacted me and asked me to review their program. What is your opinion of this firm?

Kristi: I would never endorse or advise anyone to use their services ever!! They specialize and advertise “Cancellation of Timeshare Contracts” but we don’t have contracts. We have deeds. We have chosen not to do business with Timeshare Exit Team because of their inability to follow our procedures and because of the quality of work previously sent to us.

Timeshare Exit Team has been involved with two other timeshare resale companies and/or timeshare attorneys that were involved with transferring 18 of our deeds since 2014 to four individuals that have never paid the dues and are delinquent in the amount of over $18,000. Out of the four individuals we were able to track, we learned that they are all associated with each other thru business dealings, contract employees or registered agents. They must assume that the association will eventually foreclose or take the property back but it is very costly to foreclose and we do not accept property back.

http://insidetimeshare.com/timeshare-hoa-collections-agent-shares-experience/

Here are ARDAROC’s (Resort Owners Coalition) eight tips for selling your timeshare and how they apply or do not apply to Diamond Resort members. This is what I have learned since trying to sell my Diamond right to use points.

  • Know what you own – Most own non-deeded right-to-use points
  • Consult your resort – Diamond’s Advocacy Department has helped some members but others have had to seek legal assistance when denied relinquishment. Tracking our reader outcomes thus far – 29 out of 77 report positive outcomes.
  • Sell it yourself – member supported Facebook pages seem to be the best option, but complaints abound that “no one wants it.”
  • Get assistance from a Licensed Reseller – not one member of the 64 member Licensed Timeshare Resale Broker Association will accept a listing for Diamond’s non-deeded points due to secondary market restrictions.  
  • Pass it on or gift it to your family – maintenance fees are also passed on
  • Donate it to a Charity – Donate for a Cause is a scam according to Consumer Affairs. A charity has the same problem. They don’t want the rising maintenance fee liability. https://www.consumeraffairs.com/news/timeshare-donation-scheme-is-a-scam-feds-charge-120115.html
  • Generate income by renting. Diamond Resorts does not allow renting through a third party website. “Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.”
  • Beware of scams.

http://www.ardaroc.org/timeshare-resales-resource-center.aspx

Lela Renea, a Bluegreen timeshare member, contacted Inside Timeshare about her battle with Timeshare Exit Team after they appear to have stonewalled her. Since Lela is in the middle of negotiations, she did not want to elaborate on the distress she feels, attempting to resolve her Timeshare Exit Team concerns – suffice to say she had reason to reach out to Inside Timeshare. We will be reporting as to whether Bluegreen will come to her rescue or allow her to fall to the mercy of Timeshare Exit Team.

Despite the customer loyalty and lack of complaints we reported last week among Disney deeded timeshare owners, with access to resale and rental options, right to use non-deeded timeshare programs continue to ignore the growing problems caused by perpetual contracts not able to be sold, rented or relinquished.

Welk Resorts back in the day was a fixed week timeshare but has converted to a right to use non deeded program. A life change like a job loss or illness, rendering the timeshare unaffordable, is as much a problem for members of right to use programs as it is for legacy resorts.

light thought

 We hope someday, someone in the industry or ARDA will see that throwing up roadblocks to a secondary market is a detriment for all. As we reported last week, timeshare attorney Mike Finn has never had a Disney client and it is unlikely Timeshare Exit Team has ever had a Disney client either.

Some answers are so logical and simple, they cannot possibly be understood.

Once again thank you to Irene, who explains the timeshare world across the great lake, as you will have noticed there is very little difference to the problems that owners / members face.

In this Friday’s Letter from America, we have another contribution from Eron Grant. In her Letter to ARDA she asks Why does ARDA have a Code of Ethics? This very question was also asked of the RDO, Europe’s equivalent of ARDA. We still don’t have a genuine answer to that little conundrum!

So there we have it, half way through the week and a couple of hard hitting stories, we’ll be keeping an eye on the Tauro Beach story and will bring you the latest as it surfaces. Remember, beware the scam artists, do your homework, check and check again, it will save you a lot of money and stress in the long run.

 

sits vac 1

CUSTOMER SERVICE AGENT
Experience in Bull Shit Essential

Part II: The Three Rs of Timeshare

After we published Fridays article, news came in from Canarian Legal Alliance, of four more sentences at the Court of First Instance in Arona, Tenerife. These were once again against Silverpoint, again this lower court applied the previous rulings made by the Supreme Court in Madrid.

In one case the court ordered the return of 85,000€ plus legal fees and legal interest, the client’s contract was again declared null and void. In another two sentences the clients were awarded with the return of over 25,000€ plus legal interest, with the contracts declared null and void. A rather expensive end to the week for Silverpoint, with no sign of these cases letting up.

The week also started on a bad note for Anfi with CLA announcing another sentence issued by the Court of First Instance in Maspalomas. Once again this lower court ruled as per the precedent set by the Supreme Court that contracts over 50 years were illegal, therefore the contracts have been declared null and void.

Court Masp
Court of First Instance Maspalomas

The clients in this case have been returned with over 14,000€ plus legal interest. They are now timeshare free and are no longer bound by the rising maintenance costs. So what a start to the week for those lawyers at CLA.

So, on with today’s writings by Irene Parker, in this article she explores the three R’s, Resolution, Relinquishment and Refund.

In Spain one of the three R’s is hitting the industry, as we have seen from the opening of today’s article, many owners are receiving back their full purchase price and some, purely because the timeshare companies have sold a product that does not comply with Spanish Timeshare Law or the Directives issued by the EU.

For those who do not have a claim, the other option is relinquishment also known as surrender, unfortunately this does depend on who you own with, some are easier than others. One company that is renowned for not playing ball is MacDonald Resorts, there have over the years been many articles written and published about how they make it very difficult for anyone to get out of their contract. They say they allow a limited number out every two years upon payment of 4 years maintenance fees, this is done on a first come first served basis, so no guarantee.

Some resorts, especially the smaller independent and usually family owned resorts, just allow owners to hand back, in some cases they will even pay back something. This obviously is good for both parties, the member is released and the resort has inventory to sell. Win Win!

Part II: The Three Rs of Timeshare

Resolution, Relinquishment or Refund

Part I of the 3Rs or F of Timeshare

Part III – Two More Rs – Rental and Resale

http://insidetimeshare.com/3-rs-timeshare-part-1/

travel lights

By Irene Parker

April 12, 2017

Most consumers are unaware of the perpetual nature of a timeshare contract. The combination of rising maintenance fees and a mortgage interest rate ranging from 12% to 18% if a loan is attached can spell disaster when the timeshare member can no longer afford the timeshare due to illness, unemployment or age.

We hear a lot about the elderly being targeted, but our advocates have also heard from the young. So far the youngest person I have interviewed was 19 and pregnant when she signed her contract just after midnight. When I explained what a perpetual contract meant, she was shocked.

“A perpetual contract in itself is not harmful,” explained timeshare attorney Mike Finn of the Finn Law Group. When you buy a house or car the contract is perpetual. The problem comes when there is no secondary market as Mike explains in his article, “The Unconscionable Suppression of the Timeshare Resale Market”.

http://www.finnlawgroup.com/learning-center/the-unconscionable-suppression-of-the-timeshare-resale-market

The First R: Relinquishment

Timeshare developers and the timeshare lobby ARDA seem to think voluntary exit programs are the answer. How does this help the family who has spent $25,000 to over $100,000 to purchase a timeshare, only to get hit with a life event that results in not being able to afford the timeshare shortly after purchase? Would you buy a house that could not be sold? The price of a timeshare can easily rival the cost of a modest condo or home.

Howard Nusbaum, CEO of ARDA is quoted in a June 2014 RedWeek article in reference to the lack of a viable resale market, “This is a legacy problem. People buying a timeshare today are buying it from multisite clubs that have management forever and sales teams forever, so the ability to recycle inventory will not be a problem in the future.”  Recycling inventory is the term used when a resort “takes back” your points or forecloses due to nonpayment of a loan or maintenance fees.

Timeshare companies are starting to offer voluntary surrender programs, but surrenders are evaluated on a case by case basis. The money invested in a timeshare can easily run over six figures, so walking away from that kind of money without a fight, when you feel you have been defrauded, doesn’t seem right.

The Second R: Refund

A refund is not easy to come by. Litigation takes years and if you win, there will in all likelihood be an appeal. Timeshare developers know the industry is virtually unregulated and that they are protected by the oral representation clause.

Let’s examine the most common complaints our advocacy group has heard to determine if these tactics meet the FBI’s definition of white collar crime.

Reportedly coined in 1939, the term white-collar crime is now synonymous with the full range of frauds committed by business and government professionals. These crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.

These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three).

https://www.fbi.gov/investigate/white-collar-crime

The most common complaints:

  • The agent said I could sell my shares,
  • Maintenance fees increase only modestly,
  • You can get airline and other travel awards but the value is zilch,
  • It’s less expensive to book online than to use my points,
  • The contract is perpetual? Who knew?
  • The interest rate is 18%!! I didn’t know till I started paying!

According to the FBI, there is corporate fraud and mortgage fraud. Corporate fraud includes accounting schemes designed to deceive investors about the true financial condition of a business entity by manipulating financial data, share price or other valuation methods.

While the definition above is most often applied to stock transactions, we can draw some comparisons to a timeshare point. Availability of accommodations, the value of travel awards can be overstated and the escalation of maintenance fees can be understated.

Mortgage fraud is a subcategory of financial institution fraud known as “fraud for profit”:

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases.

The backend of timeshare fraud has been widely reported, but there has been little attention paid to the front end. The industry needs to stop focusing only on the backend of timeshare scams as detailed in this US Department of Justice Timeshare Scam Report and take a closer look at the front end – the timeshare sales presentation.

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

Timeshare members who begin their complaint with “the salesman said” are sadly told about the oral representation clause contained in a timeshare contract.

 Wyndham has appealed Trish William’s $20 million Whistleblower award.

In 2010, the plaintiff, Williams, reported that elderly customers were being defrauded by Wyndham salespeople, who were opening and maxing out credit cards without their knowledge and lying about reducing interest rates, maintenance fees and the ability to obtain rental income from their timeshares. She also disclosed an illegal, industry-wide practice of falsely representing that if owners spend enough money, often hundreds of thousands of dollars, Wyndham would buy back the timeshare at full value at the owner’s request.

Evidence presented at trial revealed that Wyndham employees engaged in “pitching heat,” high pressure sales tactics involving deliberate lies and misrepresentations to get people to buy more timeshare “points.” These sales practices included “TAFT” days, which stands for “Tell Them Any [email protected]#*ing Thing” days, where employees were encouraged to say anything to make a sale as long as they didn’t put it in writing. The highest selling sales agent was quoted as saying, “I sold my soul to the devil. I can say whatever I want so long as I don’t put it in writing, that’s why Wyndham has good lawyers.”

https://dolanlawfirm.com/2016/11/wyndham-vacation-whistleblower-verdict/

R3: Resolution

hope

Diamond Resorts has instituted a new consumer advocacy department to help members or owners resolve disputes. A member sponsored Diamond Resorts Advocacy Group works with members and Diamond’s advocacy department to resolve issues. There is always 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 Diamond points” are not accurate. My husband and I are Diamond owners. We just booked two weeks in Sedona for far less using our points than we could have by booking online.

We wish all complaints could be resolved by better understanding the resort’s program, but that is not always the case.

Our complaint format is included in this Inside Timeshare article. Inside Timeshare readers can use this form when contacting Inside Timeshare or their resort when problems arise. Of course there are many who use and enjoy their timeshare year after year. Those owners don’t need us, yet.

http://insidetimeshare.com/friday-post-look-past-week/

Our Diamond Resort Advocacy Group:

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

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

Let’s keep working together to improve the industry.

Inside Timeshare is here to listen and respond.

fix prob

Related story

http://insidetimeshare.com/?s=hoa+collections

Inside Timeshare would like to thank all those who help to make these articles, especially Mike Finn of Finn Law Group, who helps Irene with the legal aspect of her writing.

If you have any questions or comments on any article published, contact Inside Timeshare and we will try find you the best answer or solution. You can also join our facebook pages and join the discussions. It is through these that we all find out what is going on.

Parting of the Ways: RDO Announces it is Dropping Mindtimeshare

It was announced yesterday 7 February, that the RDO (Resorts Development Organisation) is not going to renew the contract with Mindtimeshare SL. This follows last year’s announcement that Alberto Garcia was “stepping down” as director of mindtimeshare and head of the RDO “Enforcement” programme.

As we reported in our article of 16 March 2016, Alberto Garcia had attacked many firms with false allegations, all at the behest of the RDO in its bid to discredit any company who was not a member of that organisation.

enforcer

During his time working as “The Enforcer” (sounds like something from a hollywood film) this ex-police inspector falsified allegations and used his connections to discredit, have arrested and destroy innocent people. All under the guise of protecting the consumers of the timeshare industry, an industry that itself is doing nothing for the consumer apart from causing many financial burdens and stress.

This can be seen in the number of cases being won against RDO members in all the courts in Spain. The Supreme Court itself has made 46 rulings against these RDO members, yet nothing is said or done to change what the industry is doing. In fact the RDO backs up the claims from the likes of Silverpoint and Anfi that the laws are wrong and that these eminent judges are wrong in their interpretation of the law.

The RDO´s enforcement programme has been discredited, mindtimeshare has been discredited, Alberto Garcia has vanished (not that anyone had ever seen him, with this the only photo found).

Alberto-garcia-2

But in its place a new entity has been created to replace it, “The Timeshare Task Force”.

Another name that tries to imply it is a “legal law enforcement entity”. This time it is being coordinated by Kwikchex, a company owned by Chris Emmins, which claims to be a “Worldwide Reputational Management” company, which is only around 6 years old.

Mr Emmins, has a very long history as a director, having resigned fro 4 directorships, and held 17 appointments at 17 companies which have all been dissolved. It is also alleged that these dissolved companies have left a debt of over £500,000 to creditors. Not a very auspicious record! (see link to previous article)

http://insidetimeshare.com/kwikchex-chris-emmins/

It is also believed that Chris Emmins was the only tender for the contract to run the new “Timeshare Task Force”.

task force
OK guys lets take em out!

Again, it is designed to fool the public into believing that only the RDO can be believed, that when Kwikchex does its so-called verification process, it is doing so as a legal right. Any company not subjecting themselves to their questioning will receive negative comments on the Kwikchex Timeshare Business Check website. No company is legally obliged to answer their questions, there is no legal reason why they should, let alone have to join the RDO in order to conduct business.

Ask yourself the question, why would, say a law firm engaged in suing the timeshare industry want to join the industry trade body?

Why would they pay the organisation the membership fees to be accredited as “legitimate”, when it is those members who are flouting the timeshare laws?

These are questions for you the reader to decide the answer.

We also recently published the article on 6 February “The battle Lines have been Drawn”, we reported about the problems of TATOC and Harry Taylor. Since then we have received information of a major falling out between TATOC and the RDO, with RDO members withdrawing membership or reducing their contributions. In another twist to this story, it has been reported from the US that the American Resorts Development Association (ARDA) President and CEO Howard Nusbaum, will be speaking at the March Conference. We have also been told that this organisation will be contributing substantial funds to TATOC, apparently much to the consternation of the RDO.

On this we will just have to wait and see.