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Judith Diaz Pascual

Friday’s Letter from America

Welcome to our weekly Letter from America, this week we have another “Nightmare on Timeshare Street” from yet another veteran, this now makes 99 who have been in touch with us. In this article the Sherwood Family tell their story of their dealings with Wyndham. But first the latest from Europe.

At the Court of First Instance N1 in Barcelona, Case Number 362/2017, lawyers from Canarian Legal Alliance, presented a case against Club Estela Dorada SL, Restotel SA, Medhotel Group SL  and Clubotel La Dorada SL, which is part of the ONA Group, based in Barcelona.

The breach of the timeshare laws were the contract was in excess of the 50 years laid down by law, what is commonly known as perpetuity, plus the illegal taking of deposits within the 14 day cooling off period. It seems that the companies involved tried to bypass Spanish law through the Tax Haven of Andorra, but the paperwork did show that a Spanish registered entity was involved, which put the case directly under the jurisdiction of the Spanish Courts.

Andorra itself is an independent principality situated between France and Spain in the Pyrenees mountains, it is mostly known for its skiing and being one of Europe’s main Tax havens.

Click on the link below to open the court document or click to download.

The client has now had their contract declared null and void, and will receive the following:

  1. Purchase price          70,778.07€
  2. Deposit paid              32,973.00€
  3. Maintenance fee         8,973.24€ (this is approximate as the final amount has yet to be determined)

This is a total of 112,724.31€ (approx).

The lawyer in this case was Judith Diaz Pascual, another of the young and dynamic CLA team.

Judith Diaz Pasqual

So congratulations to the client and also to the team at CLA, they are certainly making a mark on the world of timeshare.

Now for our Letter from America.

Veteran/Active Duty Service member #99 Timeshare Trapped

The “Unfair” in Unfair and Deceptive Practices

An Arizona House Bill 2639 designed to protect consumers is opposed by ARDA.

Please voice your support for this Bill by calling and writing to the Bill sponsors listed in this article: http://insidetimeshare.com/the-tuesday-slot-arizona-house-bill-2639/

By the Sherwood Family, a Wyndham Hostage

March 8, 2019

Mr. Sherwood’s YouTube:

I am sure there are plenty of timeshare members quite happy to spend hundreds or even thousands of dollars on their timeshares every month because they are getting use out of it. However, what happens when your circumstances change? You will quickly come to regret every penny you sunk into the timeshare capable of holding the member hostage for life.

Due to health issues that have been piling up over the years, my wife and I can’t use our Wyndham timeshare anymore. I spent 20 years in the service of my country and am a 75-year-old 100% disabled veteran and retired Master Sergeant from the US Marine Corps. I also have early onset glaucoma. My wife is 71 and has had total hip replacement surgery twice in the past 3 years. Our Wyndham sales agent did not tell us about the Wyndham Armed Forces Veterans Club.

We bought our Wyndham timeshare in 2014. We used it twice a year for the first three years. It never lived up to the billing our sales reps gave it but we were happy enough. We never thought twice about handing over our money because we were getting something out of it. Unfortunately, getting old is no fun. Your circumstances can change overnight. Change may come soon after purchase or arrive years down the line. When those changes come you will be hit in the face with the reality that there is no way out of your timeshare if there is a loan outstanding. You are stuck with paying for your slice of thin air out of your social security allowance until the day you die unless foreclosed.

One of the reasons for this article is that I do not take kindly to being bullied and will not be dismissed, told to shut up and hand over my money. Another reason is that I would like as many people as possible to be aware of what they are getting into before purchasing a timeshare.

I sent Wyndham my letter from the VA attesting to the fact that I am 100% disabled. They would not accept that letter, stating they wanted proof I couldn’t travel. They requested full access to my medical history. I found this an egregious invasion of privacy so refused. I went back to the VA for a letter that stated specifically that I couldn’t travel but Wyndham would not accept this. A letter from the VA stating that I am 100% disabled and cannot travel seems more than enough for Wyndham to join the dots.

Imagine what the scenario is if you are not a senior, or a veteran, or disabled – if we are being refused, how many other people with their own reasons and issues will be refused?

Wyndham stopped communicating with me when I delinked to give them access to my medical records despite me reaching out by letter and phone on several occasions. They have now sent me to collections with Pinnacle Recovery Inc. I will tell Pinnacle what I told Wyndham; they will not see a penny from me.

To confound matters, the third Stooge in this story after Wyndham and Pinnacle; Barclays Bank, want us to pay them too. When Wyndham tried to open a credit card for us, my application was refused but my wife’s was accepted. My wife receives in income less than a thousand dollars a month but after Wyndham added my social security income, military retirement and VA compensation, they made it look like she was earning several times more than she actually did. Wyndham has charged the card several times already with fees we were not aware we would be asked to pay. Needless to say, Barclays won’t be seeing any money from us either.

My advice to potential timeshare customers; use Airbnb.

https://www.linkedin.com/pulse/10-reasons-why-airbnb-better-than-timeshare-wayne-c-robinson/?fbclid=IwAR3QPmnZYAHlyox8oNdjgru1ik7Kdb0WpPOo3vC85gqCvwJ62DUyJjp70pw

My advice to Wyndham; if you can’t listen to your customers then you shouldn’t be in the hospitality business.

Thank you to Mr. Sherwood for sharing his story. If the public knew the difficulties of getting out of a timeshare, would anyone buy one? What car, boat, home, or pair of shoes would you buy that you cannot sell if there is a loan outstanding?

Here are member supported groups we feel are not industry influenced:

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 the Sherwood Family for their contribution this week, as we mentioned at the start, this is the ninety ninth veteran who have been in touch with Inside Timeshare and the other groups. It would seem that even though they have served their country, the timeshare sales agents just do not respect that fact, they just see them as easy money. Not all the blame can be placed on those sales agents, the timeshare companies must also take responsibility for allowing their staff to get away with it.

So to finish today’s article, we are still calling on any reader who has had any dealings with Meredith Pritchard and Stephen Paul Fairclough to come forward, it is your information that will help the police get the evidence to bring Fairclough to justice. Use our contact page and Inside Timeshare will get back to you.

Have a great weekend and don’t forget be vigilant when dealing with any company that contacts you or you find on the internet or advertising in any publication.

The Mid Week Report

Welcome to The Mid Week Report, today we highlight a some of the breaking news in the world of timeshare, the trial of the late  John “Goldfinger” Palmer associates at the Audiencia Nacional, National Court in Madrid, highlighted in previous articles, (links below).

It appears that the Anti Corruption Prosecutor’s Office has reduced the highest penalty of imprisonment to 24 months, a far cry from the 8 to 12 years originally called for. The reason is that the Prosecutor’s Office applied a mitigation of undue delays as the investigation which actually began 20 years ago.

However, the defendants will be liable for a subsidiary civil liability of 1,890,000 euros. A rather paltry amount considering the millions that was scammed from their victims.

The defendants in court

The largest sentences of 24 months were given to Richard Cashman, Palmer’s lieutenant, for illicit association, fraud and money laundering.

Darren Morris was hand 10 months for unlawful association, 10 months for fraud and 4 months for money laundering. He was also handed a further 1 year for a firearm with the serial number erased, which was found in his home.

Paul Murry, Keith Peter Davies, Neil Campbell Lockie and Dean Wells, all involved in supporting Palmer’s business when he was jailed in the UK, face 10 months for illicit association and 10 months for fraud.

Christine Ketley who was jailed for 2 years on 2001 in the UK along with palmer and the lawyer Ramón Solano seem to have been spared sentence.

The prosecutor had also asked for a sentence of 8 months for Jacobba Visscher who ran the headquarters of Dinastia Resorts for 44 charges of fraud, this is reduced from the 8 years originally requested.

In the end although they have finally been brought to court, somehow the victims will not think that justice has actually been served.

Link to news report in Canarias7.

https://www.canarias7.es/siete-islas/tenerife/la-fiscalia-rebaja-a-24-meses-la-pena-maxima-por-el-fraude-de-la-multipropiedad-de-john-palmer-en-canarias-IC6510831?fbclid=IwAR093WufWmxBrdd8-pAd7sbEmeubBSdeDvPviPvruPS6CgSKNNJB90rN_t8

Links to previous articles.

http://insidetimeshare.com/start-the-week-associates-of-john-goldfinger-palmer-now-in-court/

http://insidetimeshare.com/update-the-john-goldfinger-palmer-saga/

Canarian Legal Alliance has announced the following, which will be good news for their clients.

In Gran Canaria the Judges in Maspalomas have been consistently declaring there is no need for cases against Anfi to go to a full trial. These Judges have decided to pass their resolutions at the preliminary hearing, yesterday 5 January, 5 preliminary hearings took place with all 5 having results announced without the full trial. For the clients this will mean no travelling for the trial and a much speedier resolution to their case.

In Tenerife a cash embargo has been placed to the value of 44,494.20€ against Silverpoint. Great news for this particular client, as the original claim was 32,791.75€, 11,702.45€ more. They will also get legal fees and legal interest.

Back to the courts in Gran Canaria, Another embargo has been placed against Anfi to the value of 12,882.79€ on behalf of a German client. The enforcement team consisting of the lawyers Judith Diaz Pascual and Cristina Batista are obviously doing a fantastic job on behalf of their clients.

In January the state of play was:

    • 76 trials in all Spanish courts 
    • 18 appeals
    • 28 appeals from the opposition
    • 1 supreme court hearing
    • 21 provisional executions
    • 9 provoked interventions
    • 1 cash embargo against Anfi
    • 47 sentences all in favor of our CLA clients
  • 1.600.000 € in claim amounts

Once again this does go to show that contrary to some posters on various forums and websites that have an axe to grind that CLA does not do what it says and along with the timeshare resorts and RDO who deny they are losing, or that the courts have got the law wrong,  that is certainly not the case. These are all a matter of public record and can be verified.

If you have any comments or questions about this or any article published then use our contact page, we welcome the feedback.

Also if you have had dealings with any company or are about to with regards to a possible claim against your timeshare resort, but are not quite sure if it is genuine, then again use our contact page and we will give you the best advice possible.

The Tuesday Slot

Welcome to the Tuesday Slot, this week we welcome Pete Gibbes, with another Secret Shopper report. Pete as Secret Shopper Coordinator, has revised the secret shopper questions, this is part 1.

But first a quick summary of some news from the Spanish Courts. Canarian Legal Alliance has reported that last week they received eleven (11) new sentences, these were against Anfi Del Mar, Silverpoint and Petchey Leisure. Once again the courts have declared the contracts null and void, plus ordering the return of substantial sums of money to the clients, with this week alone over 340,000€ having been awarded.

Over the next 30 days, CLA have informed Inside Timeshare of the number of trial and pre-trials they have in various courts around Spain, it is a staggering 101! That is certainly keeping the judicial system busy.

Their execution of sentence department headed by Cristina Batista and Judith Diaz Pascual, have filed “provisional executions”, with a total worth of over 6 million euros against all major timeshare resorts. The total value is over 6.000.000,00 € and is against all of mayor timeshare resorts.

These execution orders are made in the interests of the clients and ensure that the resorts payout what they have been ordered to.

Now for this weeks article.

Secret Shopper Questions Revised, the Backstory – Part I

Part II – Friday February 8, Secret Shopper Questions

By Pete Gibbes, Secret Shopper Coordinator

January 29, 2019

I previously wrote about a positive timeshare sales presentation I attended not long ago in Sedona, Arizona. I mentioned that my Diamond Resorts sales agent and manager expressed shock and dismay at the misrepresentations we told them we experienced at a November 18, 2016 Virginia sales presentation. The Sedona agents stated that they were appalled and determined they would go to bat for me by contacting headquarters. I was asked to write out my complaint. Wary but hopeful, I waited. As expected, nothing happened.

http://insidetimeshare.com/fridays-letter-from-america-29/

To recap what happened at the 2016 Virginia presentation, we attended a member update hoping to learn about how to get rid of 11,500 timeshare points we had previously purchased. After several hours our sales agent had an epiphany. He recalled a new program that would give us the option to sell ALL of our points back to Diamond Resorts! We listened to three more hours of this agent’s version of Grimm’s Fairy Tales. After the sixth repetition, we became convinced this program existed. He told us, (and wrote down on a paper), a figure of $108,000 which was the amount he said we should be able to sell our points back for in three years. While I presently cannot locate the paper with $108,000 written on it, I do still have this agent’s “pencil pitch” indicating a “value” of $72k ($72,420 to be exact if you multiply the 8,500 points proposed times $8.52 per point). A formal proposal containing the exact numbers was presented, but that document is proprietary so we cannot present in this article. Diamond will argue that $8.52 per point represents “retail” not “resale” value, but I contend not disclosing Diamond points are virtually worthless is a material omission. Licensed timeshare brokers I contacted, who do not charge upfront money to list timeshare points, will not accept a listing for Diamond points.

Diamond Resorts has launched a program called CLARITY™ promising clear, concise, transparent and accountable information.  This is what I was provided:

At the bottom of this unclear pencil pitch, you see “G 2” and “S 3”, and below that ‘Loyalty 3 ys’. This meant that in 3 years we would have earned enough loyalty to sell the points back at a handsome profit. If we became Gold, we could sell back in two years. According to the sales agent, this new buyback policy was not available to mere Standard members like us who owned less than 15,000 points. We agreed to buy 4000 points for $15,500 to become coveted Silver members in order to qualify for the buyback program.

When I complained to Diamond I was told I did not have sufficient written evidence. I made up G2 and S3?

I remember asking the sales agent how Diamond could afford to offer a $108,000 buyback which could have exceeded our cumulative purchase price plus maintenance fees. He mentioned investment returns Diamond makes on sales. As an MBA and a CFP this made sense to me, as it made sense to George Yamada, a pension administrator who purchased Diamond points thinking he was making an investment. George is an Army veteran, Agent Orange disabled.  

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

It appears I was not the only member excited about how this ingenious new buyback program was going to make their product more attractive to buyers. The sales agent, Mark Wilkerson, no longer works for Diamond, but he explained the program as a brand new Apollo related deal. Apollo Global Management, a private equity firm, acquired Diamond Resorts.

Does Diamond think I would go to this much trouble if I was making this up? Under threat of perjury, I have filed a complaint with the Virginia Attorney General’s office that has been under review.

Unfortunately, I do not possess a video tape of the presentation. This has prompted me to volunteer to be our Secret Shopper Coordinator. I’m on a media binge to warn other timeshare buyers to RECORD THE SALES SESSION! This is legal in Virginia as Virginia, like some other states, is a one party state. I feel this is the only road to true clarity.

https://www.justanswer.com/law/4cemo-illegal-audio-record-someone-virginia-without.html

Not only did we pay $15,500 for nothing, we incurred additional ongoing maintenance fees and $2,250 in income taxes on a retirement distribution I had to make to pay for the purchase.

I asked for the contract to be cancelled and my down payment refunded. I am asking nothing for my permanent loss of faith in humanity. Like several members of our 2,400 member sponsored Diamond Facebook page, I am disabled. My sole source of income is my SSI disability income. I have learned from our Facebook other timeshare companies also respond to complaints with, “We are not responsible for what our sales agents say,” and “You signed a contract.” I received a certified letter from Diamond’s legal department (Consumer and Regulatory Affairs Officer) asking for written evidence. I provided the pencil pitch above, but even that does not break through the oral representation clause.   

Timeshare sales agents are not supposed to deviate from company approved sales strategies, but complaints from timeshare buyers continue to flood the internet, Attorneys General offices, the Better Business Bureau and other regulatory agencies. With little enforcement, we feel members need to take matters into their own hands by becoming Secret Shoppers so we can evaluate for other members how near or far a timeshare sales agent ventures from his or her script.

We have about a dozen Secret Shoppers. We arm our Secret Shoppers with intelligent questions timeshare buyers often forget to ask. It is our hope we can publish some positive Secret Shopper experiences. After compiling over 500 timeshare complaints, we have determined the most popular complaints involve:

  • Maintenance fee relief programs that do not exist,
  • The ability to sell points or weeks when there is no secondary market,
  • Misrepresenting the value of using a credit card to offset maintenance fees,

Having run on for many words describing what was supposed to be a brief introduction to our Secret Shopper questions; Friday, February 8 we will publish our revised Secret Shopper questions as a Part II to this article.

Contact me at Inside Timeshare if you would like to become a Secret Shopper.

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 Pete, we look forward to part 2 next month.

If you have any questions or comments about this or any other article, contact Inside Timeshare, we welcome your input.

Do you have any questions regarding your timeshare, how can you get out or if you have a valid claim, then again use our contact page, we will try to answer your questions and point you in the right direction. Remember, not everything you will be told by many of these companies touting for business will be true, most will only be after your money, so do your homework and do your due diligence.

 

Midweek Roundup and Another Dodgy Looking Setup

Important Update: Another reader has identified Lance Steer as one Lance Oakley, an ex-Diamond Sales Rep and also of ex-EZE Group.

Another name has come to the attention of Inside Time share from a worried reader:

Positive Outcome – Contractual Specialists

With the address:

Rural Innovation Center, 10 Street Avenue, Stoneleigh Park, Kenilworth, CV8 2RG

Which is a serviced office rental center where meeting and conference rooms can be hired by the hour.

They use the telephone number:  02476 960 735 which is a coventry code, when this number was called Inside Timeshare was told we had the wrong number. We have susquently found that the telephone number belongs to Coventry Creative, Advertising and Graphic Design , Rover Road, Coventry, CV1 3HT which is Coventry market, a completely different area.

The contacts are: LANCE STEER & JOANNE JOHNSON with the email address:

[email protected]

So far no company with this name has come up on any internet search, using the email address does not link to any website and no information about Lance Steer or Joanne Johnson appear on any search.

So what has concerned our reader?

Very simple, they have paid by bank transfer for a relinquishment of their Diamond membership, yet are still getting demands for maintenance arrears. So it looks like yet again money is paid and the relinquishment is not done.

According to the emails our reader has received, Lance says he has been helping timeshare owners for over 5 years, funny how we have not heard of him before. The other strange fact is that in his emails he goes on to say why he has not been in touch with his clients, listing his illnesses, bereavements and severely disabled Father. Even getting an assistant Joanne, to email clients and explain all his personal problems. (see PDF at the end). Not the sort of information one would normally give. (Looking for sympathy comes to mind).

His emails also go on at length about Spanish Supreme Court rulings, how he has studied many case files and come to the conclusion that all these contracts are illegal. (Which is not surprising considering he sold many of them).

In order to give credibility he mentions Canarian Legal Alliance and places links to their website, even including screenshots attached to his emails. All the details he puts in these emails look as though they have come directly from the CLA website, even using the same phrases.

Another part of his emails go on to tell the clients that Diamond and other timeshare companies have no right to chase for maintenance arrears, or that Daniels Silverman the debt recovery company has no right to chase the debt.

Unfortunately, all this information has convinced our reader to pay for a service which Lance cannot provide, after all we have stated on many occasions in these pages that Diamond, Club la Costa and many other timeshare companies and resorts will not deal with third parties for cancellation of contracts. They will only work with the members directly.

So just from the lack of information on the internet and the lengthy explanations on his illness and private life, plus the fact that Canarian Legal Alliance have never heard of Lance, does get the alarms bells ringing.

Sticking with Canarian Legal Alliance, this week they have announced the following:

Their lawyers have secured another 242,391.46€ on behalf of 6 clients, on the receiving end of this is Anfi Del Mar. These funds have been paid directly to the court of San Bartelomé de Tirajana in Maspalomas. The clients are: 2 from the United Kingdom, 2 from Norway and 2 from Germany.

This comes from the procedure put into place by CLA with a team of their senior lawyers Eva Guitierrez and Judith Diaz Pascual and Cristina Batista, enforcing provisional execution of sentence within 40 days of the judgement being issued. This means that once the judgement is issued the timeshare company must lodge the awarded amount with the court voluntarily or it will be enforced.

There is also another form of securing the funds which has just been enforced by the Court of First Instance No 4 in Maspalomas, which has placed an “Embargo” on Anfi accounts in respect of funds which are due to a German client. These embargoes allow the court to directly take the funds from those accounts and place them in the courts account ready to be paid out to the client.

These moves by CLA have been placed to ensure that funds due to clients are secured, even if the offending timeshare company is appealing. It also stops the timeshare companies from delaying the payouts, which has been the case in the past, now the clients know that their money is secure.

That’s it for today, if you have had any dealings with any company or individual such as Lance Steer, use our contact page and get in touch, we would love to hear from you. You can also contact Inside Timeshare if you require any information relating to your timeshare or any company that has contacted you.

Click below to read the two emails.

Lance Emails

Friday’s Letter from America

This week Friday’s Letter from America tells the story of army veterans Gad & Noreen Liebmann, it begins with an open letter to the Diamond Resorts CEO Michael Flaskey, then goes on to explain their experience. They are currently holding a protest outside Diamonds Daytona Beach Resort, the article was edited by Inside Timeshares Irene Parker.

First we have a quick look at Europe.

Yesterday Canarian Legal Alliance published in their news section a case study of a recent trial, nothing unusual there, except this had a rather different twist. This particular trial was dealt with at the pre-trial stage rather than the full trial, the venue was the Court of First Instance No 1 in Maspalomas, the lawyer representing the clients was Judith Diaz Pascual of CLA.

Judith Diaz Pascual (ICALP No 4480)

The pre-trial is a formality where the defending party may argue why the case should not be accepted, it is also a point where the judge will ask if there is a possibility of a settlement out of court. Usually the judge will then decree that a full trial date be set, with the defendants demanding the appearance of the clients.

As there was no agreement that day Anfi, the defendants, asked for a full trial to take place with the clients in attendance, CLA lawyers argued that this was not necessary as the case and infringements of the timeshare laws was based on documentation, so there was no need for a trial or for the clients give testimony. The judge agreed, he stated that he would issue a resolution after the preliminary hearing, three days later the judgement was issued.

The judge concluded that due to the infringements which included, floating weeks and the taking of deposits within the cooling off period, the contract was declared null and void. Anfi were also ordered to repay over 49,000€ which included double the deposit paid, the court also awarded legal interest.

Apparently this is now becoming more common, it is not the first case to be dealt with at the preliminary stage, it will only be a matter of time before more judges decide that this is the best course. After all the cases are based on the contracts and documents, if the timeshare company has sold floating weeks or points, the contract is longer than 50 years and any payment taken within the cooling off period, these are breaches of the law, so why prolong the issue with a full trial?

https://www.canarianlegalalliance.com/case-study-anfi-speedy-resolution-no-need-trial/

Now for our Letter from America.

Gad and Noreen Liebmann, Army Veterans

An Open Letter to Diamond Resorts CEO Michael Flaskey

April 20, 2018

We are one of 29 Diamond Platinum Member Families Up-sold alleging we were defrauded

A Diamond Daytona sales agent’s response to Gad and Noreen:

While picketing yesterday one of the salesman came down to talk to us. He brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart and using the money earned to help pay our dues.

Inside Timeshare has received 375 Diamond Resorts complaints from our readers, Diamond members alleging they were sold or up-sold by fraud. Families are devastated. Platinum member #29 contacted us April 16, 2018, a disabled Vietnam veteran, age 71. He says they were told by a Florida Mystic Dunes sales agent if they purchased additional points it would take care of maintenance fees. Now they too are forced to foreclose or walk away from their points. We hope AARP takes note.

A Diamond Vice President’s response to Joshua Parker:

“We are not responsible for what our sales agents say”4/5/18

The Diamond CLARITY TM Promise:

Accountability, Transparency and RESPECT for the customer

A Quote from CEO Michael Flaskey:

Clarity seeks to build on Diamond’s already impressive standing with its members. Almost 70% of the company’s sales are to existing members seeking to increase their Diamond resorts vacation memberships,” said Mr. Flaskey.

Mr. Flaskey, We are one of 29 Platinum member families alleging we were upsold by fraud. We have been Diamond members for 20 years, but we made the mistake of believing Brad Leslie at Daytona Beach Regency. So did Sheilah and Thomas Brust. We did not know about Diamond’s official policy, “We’re not responsible for what our sales agents say.” What kind of accountability, transparency and RESPECT for your customer is that? There are over 1,200 members on our Diamond Resorts Owners Advocacy Facebook, many alleging fraud.

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

Gad and Noreen Liebmann protesting outside Daytona Regency – Sheilah and Thomas wish they were here but Sheilah is too busy with tax season.   

Sheilah’s article on how to file FBI complaints:

http://insidetimeshare.com/tuesday-slot-irene-14/

Josh Parker is an Iraqi veteran. Josh says he was told his points are an investment and would be easy to sell. Now, expecting twins, a high risk pregnancy, they have learned the truth, so will in all likelihood have to suffer through 180 days of endless collections calls. Josh is 90% disabled, a combat veteran. Josh’s YouTube:

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Our Diamond Experience

By Gad and Noreen Liebmann

My wife Noreen and I have been protesting outside Daytona Regency for the last month. We are Platinum Diamond members. We own 96,000 Diamond points only because we bought an additional 25,000 points to take advantage of a program that did not exist. We are not confused. Sheilah and Thomas Brust are not confused. Sheilah has an accounting background. Sheilah Brust does not get numbers confused.

We had purchased eight Diamond contracts over 20 years and had been happy Diamond members until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud.  Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. The calculations shown to us were false. Sheilah has a copy of Brad’s “Pencil Pitch” promising her double points. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad made it sound like these were new benefits that could only be obtained by purchasing additional points. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways. When we returned home we learned booking vacations using Valued Getaway and Point Saver were already available to us.

We appealed to the local DRI marketing VP. He was unsympathetic. A call to Michael Flaskey, CEO, who leaves his card at every front desk, got a response from a lady who offered to allow us to give back some of the points we purchased in the past, lowering the dues but not eliminating the latest purchase.  In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points we didn’t need because of a convoluted scam. We may be older, but we’re not stupid.

We feel we meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch”, in addition to Elder Abuse.

Many Diamond members feel there is no timeshare enforcement in Florida. The Arizona Attorney General opened an investigation after receiving hundreds of Diamond complaints, just in Arizona, accusing DRI of violating the Arizona Consumer Fraud Act. They did not turn Diamond members away because Diamond is not responsible for what Diamond sales agents say.”

Veteran Teresa Laird is planning to protest outside DRI Polo Towers. DRI sales agents tried to sell her dad, at age 83, in a wheelchair dozing off, a recipient of two Purple Hearts, $234,000 in additional DRI timeshare points.

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

There is little to no regulatory enforcement because the Attorneys General in Nevada and Florida dismiss complaints, also falling back on the oral representation clause, or in Nevada at the Nevada Real Estate Division, “You have no proof”, so there is nothing to stop timeshare fraud.

From the Florida Attorney General’s Timeshare Division DBPR

Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale.  A document called “Acknowledgment of Representations” or “Purchaser’s Understanding” or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product.  A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations.  Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.  

We are veterans in our late 70’s and two of 40 active duty or veteran military and law enforcement timeshare members alleging we have been defrauded by timeshare sales agents. Several are in danger of losing their Security Clearance.

Whistleblowers of America, an organization headquartered in Washington DC, seeks justice for Active Duty military, veterans, and government workers. If families are made whole, we encourage a contribution to Whistleblowers.  https://whistleblowersofamerica.org/

LICENSED timeshare resale brokers will not even accept a Diamond listing feeling it would be a waste of their time and your money, due to restrictions Diamond places on the use of secondary points LTRBA members feel are too restrictive. Sheilah and Josh contacted Florida LTRBA members. None would accept a Diamond listing. Scammers have no problem taking your upfront money.

http://www.licensedtimeshareresalebrokers.org/

The Florida Timeshare Division, DBPR, and Diamond’s Transition department send members on a wild goose chase to contact a real estate broker, but legitimate brokers won’t accept a Diamond listing, because they are honest.

A Diamond member talked to a Diamond Transition’s specialist:

I tried last night to speak with someone in Financial Services with no luck.  I tried again today as well but the phone just rings and rings. I did speak with Tiffany Davis in Transitions and she said our maintenance fees would have to be paid in order to do the Transitions program.   She then said that I didn’t have to do Transitions – if I wanted to gain anything from my Timeshare that I should speak to a real estate agent to get it sold.   I said I was unaware this could even be done. Tiffany said “Oh, absolutely, if you don’t want to just relinquish it, you can sell it”.

From the Arizona Attorney General’s Assurance of Discontinuance:

IV Assurances

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

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

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

Section 5 of the FTC Code states: “Unfair and deceptive business practices are unlawful.”

http://blogs.findlaw.com/injured/2013/01/fraud-vs-lying-whats-the-legal-difference.html

A fraud is an intentionally false representation made with the intent to mislead the listener, and that the listener relied on “to her detriment.”

The first part means that fraud must involve an intentional lie. If you truly believe you’re telling the truth and end up being wrong, that doesn’t qualify.

That doesn’t excuse willful denial or ignorance of the truth. If you should have known the truth or could easily have discovered it before telling the lie, it could still be a problem.

The second part is about the liar’s intention. A lie that you don’t mean anyone to take seriously, such as a joke or hyperbole, wouldn’t constitute fraud.

When it comes to proving intent for fraud, courts often look at what the liar could gain if someone believes the lie. If the liar benefits from someone believing and acting on the lie, that tends to show intent.

The legal analysis will also rely on context. A lie while you’re trying to sell your house is more likely to result in a lawsuit than a lie told over drinks at a bar. Those are obvious examples, but there are many situations in between where the line isn’t so easy to see.

The third element is whether the lie actually caused harm.

If the listener believed the lie, acted as if it were true, and suffered some kind of injury because of that belief, then there may be some liability for fraud.

Injury can mean actual physical harm or financial loss. In general, emotional “pain” isn’t enough to build a case for fraud.

While fraud could potentially apply anywhere, it’s most commonly brought up in the area of contracts when one party lies about an important part of the agreement.

In general, anything other than a white lie (like how nice your spouse looks) should be avoided. Remember, a lie runs the risk of becoming fraud if you expect the listener to act on the lie. Keeping it honest isn’t just a good personal policy; it’s a sound legal strategy too.

For timeshare buyers, the customer is always wrong because they signed a contract. And no one cares. Inside Timeshare has heard from 131 Diamond members alleging fraud since January 1. The company does not respond to requests for comment.

Thank you Gad and Noreen, you have the support and thoughts of many timeshare owners not just in the US but also from across the great lake in Europe and beyond, also thanks to Irene once again for taking the time to edit these articles.

If you have any questions, comments or need to find information on any company mentioned here or that has contacted you then use our contacts page and we will point you in the right direction. Remember doing your homework saves you money!

Well the weekend is once again upon us and Inside Timeshare hopes that you have an enjoyable and relaxing weekend.