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ValueMyTimeshare

The Tuesday Slot

Welcome to The Tuesday Slot, this week we have another in our series of Secret Shopper reports, but first some news from the UK about ABC Lawyers, one of the Mark Rowe owned companies.

On 8 February 2019, an application to wind down the company ABC Layers Ltd was filed by Mark Rowe with Companies House. The appointed liquidator is David Meany of Quantuma LLP, The Old Town Hall, 71 Christchurch Road, Ringwood, Hampshire.

ABC Lawyers is just one of the companies under the umbrella of Advanced Business Consultants Legal SL,  (formerly registered as Jive Hippo SL), CC Fañabe Plaza 338, Avenida Bruselas, Costa Adeje, 38660, S/C de Tenerife, it is also known as ABC Legal/Other companies are Timeshare Compensation, Timeshare Lawyer, ValueMyTimeshare and Timeshare Advice, all owned by Mark Rowe.

Mark Rowe is also the owner of the following companies registered in the UK, TULOCA LTD (10748107), LANSDOWN FINANCIAL LTD (09742346), STAYCATION LODGES (SCOTLAND) LIMITED (SC549238), STAYCATION LODGES LIMITED (10332646), JIVE HIPPO LIMITED (09863488), MONSTER TEMPCO LIMITED (09855107) and GORLEY VALE FARM LIMITED (09669372). Although he resigned as Director in February 2019, leaving Nicola Helen Rowe as the sole director.

The question being posed now is what will happen to all those clients who have signed up with ABC Lawyers for “compensation claims” and “relinquishments”, are they going to have the work completed?

As we know, several of Marke Rowe’s companies are under police investigation, could this liquidation be a move to prevent yet another of his companies falling under that investigation? Only time will tell.

Now for today’s Secret Shopper Report.

Timeshare Wars!  Deeded Timeshare Owners Fight Back

What kind of business sells points by demanding that if you don’t buy our timeshare points, your children will have to be our customer?

A deeded owner

Marriott Vacation Club Fights Back

Not since the Book of Genesis [1:9-10] has the extraordinary feat of creating land from nothingness been chronicled … and Marriott “saw that it was good” for business. (Plaintiff’s response to motion to dismiss)  

By Another Deeded Week Secret Shopper from Out West

April 23, 2019

Some Vacation Clubs employ predatory and deceptive methods to convince deeded week timeshare “owners” to give up their deed to become a “member” of a points-based timeshare program. Owners are lured to “mandatory” updates designed to convince them why they should join their vacation club.

Last Tuesday a Secret Shopper shared his experience. Shopper owned two continuous deeded weeks at Virginia Beach. He determined that if he had agreed to forfeit his deeds for points, it is unlikely he would have access to the vacation location the family had enjoyed for years.

Some timeshare point members have no “beneficial interest” in actual real estate. Wyndham does sell a point-based deeded timeshare. The (intended pun) point is that just because points are used to identify one’s use interests, does not necessarily make the timeshare a users’ rights product.

In the case of non-deeded points, the point buyer buys points in a “right-to-use” program. Ownership rights are stripped away from the actual real estate. It’s more like buying a membership in a country club than buying a condo, except it’s a country club membership you can’t easily terminate unless the membership is free and clear. If there is no loan and maintenance fees are current, the resort MAY take the timeshare back in return for nothing more than the peace of mind knowing you are done with it.

Charging closing costs for a product that is not real estate was the basis of a class action lawsuit against Marriott Vacation Club.  In a recent ruling,

A Florida Judge has sustained central claims in the class action against Marriott and their points based system. “Consumer Deeds are invalid because they lack any cognizable legal description of a real property interest being conveyed as required by Florida law.”

https://www.nyrealestatelawblog.com/manhattan-litigation-blog/2019/april/florida-judge-sustains-central-claims-in-suit-ag/?fbclid=IwAR2wlVr8NIPBZj9Mcg8vVQI7_yHJvTHkIWTU4NdT9XEC8QANg0rfR9wmZrs#.XKZAISFvVH0.facebook

Our Secret Shopper Experience

Throughout our presentation, we were concerned about the sales agent using terms associated with real estate. Our sales agent said points are backed by real estate held in a trust. Agents used words and phrases like “opening escrow” and a 30 to 45 day closing period. One particularly deceptive use of real estate jargon was stating maintenance fees as HOA fees. They are not the same. It would take another article to explain why they are different. They would not disclose the terms of a loan unless we agreed to purchase.

My husband and I went after them from a financial angle. We said we were concerned about the company’s financial health. We felt the thousands of complaints that can be found about this company on the internet, over 1,000 Better Business Bureau Complaints, a government action, and numerous lawsuits would eventually catch up with them. That doesn’t mean all their sales agents are dishonest, but there are a disproportionate number of complaints compared to other timeshare companies.

What seemed to be the craziest comment came from an agent who came over to answer our questions about the budget report. We had asked:

“Is the Club solvent?” “Are they in debt?”

The agent shockingly responded, “Why would that matter to you?”

We asked for their California public report. We showed them that there was a deficit of $9.696 million. We asked why the public report does not show a reserve account. They said it’s typically not shown in a public report. This makes no sense as that is one of the first things to put in a public report to make the consumer feel more secure. The truth is – there is no reserve account based on documents we had analyzed.

Our sales agent seemed a bit dumbfounded. Our session ended without the usual downturn in attitude when a member says no and means no. We don’t think these agents are used to informed buyers. But Vacation Clubs don’t just try to take your deed. They try to take your Resort!

We are longtime owners at one of the resorts that have opposed the Vacation Club’s attempts to take control. Owners realized a few years ago that the Club was rapidly accumulating inventory. Some owners started reporting that they had been to presentations or updates where they had been informed that either the Club already ‘owned’ our resort, or used scare tactics to convince the owner that if they didn’t convert their deed to points, their deed would be worthless and would be subject to a special assessment. Often, especially seniors are falsely told that if they don’t give up their deed and convert to points their children will be required to be club members when the owner passes.

The Vacation Club business model dealing with “Legacy” resorts is well known. I call this model extortion. Here’s how it works:

  1. The acquiring company takes over management,
  2. Substantially higher fees are charged than the resort was currently paying,
  3. Deeded owners’ maintenance fees are raised substantially,
  4. The cost of club operations is shifted to the deeded owners,
  5. Excessive capital reserve projects are imposed in order to collect additional fees from deeded owners,
  6. Availability, especially for desirable weeks, is reduced for deeded owners.
  7. Desirable weeks are rented to the public to increase income to Club managers.
  8. Nuisance fees are added that are applicable to only deeded owners such as parking fee, split week fee.
  9. Benefits deeded owners enjoyed for many years are eliminated, such as day use and bonus time
  10. Information available to deeded owners is reduced in order to force them to attend high-pressure sales presentations or “updates” designed to wrestle the deed away from the owner.
  11. The value of deeded ownership is demeaned by emphasizing the negative aspects of deeded ownership.  Deeded owners are threatened with special assessments, higher maintenance fees, less availability.
  12. Exchange options become limited for deeded owners in order to coerce them to convert to club membership.

Our Club has used unscrupulous Florida title companies to purchase units from deeded owners under false pretext and transfer them to the Club. The Club has pressured management hired by the resort to enact policies beneficial to the Club.  The Club has brought frivolous legal action against the association and board members individually to intimidate vendors and board members so that the Club can gain control of the resort.

The intent of the Club has been to purchase voting power rather than quality ownership. They have done this by acquiring less than desirable units in less than desirable seasons. The units are not used by the Club for occupancy, yet they still pay the dues for these units. As a result, the Club is determined to take control of the resort so that they can better monetize this worthless inventory.

What can be done to keep our resort?

Our resort has taken advantage of social media to increase owner engagement and the free flow of information among owners and between owners, the board of directors and resort management.  The availability of timely information to the deeded owners has empowered our resort to resist the persistent pressure from the Club to take control of our resort.

Our owners and our board are passionate about our resort and determined to maintain the control that allows them to continue enjoying what they purchased. Deeded owners must unite and organize to hang on to what little real timeshare real estate is left. To think the timeshare world will be nothing but points is sad.

We seek to provide timeshare 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://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 our Secret Shoppers for their report, these do help others to be aware of what actually goes on at these presentations and helps them to be prepared.

If you have any views or comments on any article published, use our contact page, Inside Timeshare welcomes your insights.