Browse Tag

Wyndham

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.

The Tuesday Slot

Welcome to The Tuesday Slot, today we look again at the Nevada Senate Bill 348, with the introduction by Irene Parker and comments from Michael Kosor. Once again it looks like the industry is moving to protect itself rather than the consumer, yet the problem is one of their own making.

In Europe a new organisation has been created, EUROC, yes, it is the European version of ARDA ROC, it is being funded by ARDA and RDO, (Resorts Development Organisation) Europe’s timeshare trade body. EUROC is being set up to replace the discredited TATOC, which closed down in 2017. Once again it is a smokescreen to give consumers the illusion of having a voice. According to the press information, the two organisations behind it are only going to fund it for a year, after that it should be self sufficient, well, we shall wait and see.

URGENT AND TIME SENSITIVE

If You Bought a Timeshare in Nevada and Experienced Unfair and Deceptive Timeshare Sales Practices

Nevada Needs to Hear From You

The Next Timeshare Legislative Battle is April 5 in Nevada

Nevada Senate Bill 348 is an identical Bill that follows Florida HB 435

Nevada SB 348:  https://legiscan.com/NV/text/SB348/id/1965282

Introduction by Irene Parker

Comments by Nevada resident and Timeshare Advocate Michael Kosor

April 2, 2019

As part of Nevada SB 348, the timeshare lobby ARDA has proposed that timeshare members seeking exit services wait 24 hours before a timeshare member signs a timeshare exit service provider contract. Given the volume of complaints concerning fraudulent timeshare sales, if anyone needs 24 hours to “sleep on it,” it is the timeshare buyer. Buyers typically sign a perpetual timeshare contract with little to no secondary market. When deceived, contracts signed for even $100,000 or more are worth nothing seconds after the rescission period.  We previously reported how easily a sales agent can dodge the rescission period.

Some states, like Arizona, understand the plight of timeshare victims, especially if lawmakers themselves experienced deceit. The reverse is true in Nevada. Many of the 779 complaints Inside Timeshare received were directed against Nevada sales centers. The Nevada Real Estate Division (NRED) dismissed all with a “You have no proof” letter. It is likely Nevada SB 348 was proposed due to a less than warm reception for the identical Florida HB 435, given the comments made by Florida representatives who themselves experienced negative timeshare experiences. Nevada SB 348 was proposed on the last day a bill could be filed.    

In Florida, spokespersons for the Florida Attorney General’s Office and the Department of Business Practice and Regulation (DBPR) reported Florida received 1,600 complaints each year for the last few years with 700 complaints already received in 2019. Of the 1,600 complaints, it was reported that most complaints are about the initial sales presentation and approximately 50% were reported by seniors. Only 42 complaints were “engaged” and those they said were mostly about resale.

In effect, perpetrators in Florida and Nevada have been given the green light to make up anything to sell points, knowing complaints are likely to be dismissed by the timeshare company and by NRED and DBPR. Florida is a two party state so consumers cannot legally record the sales presentation.             

ARDA lobbyist Don Isaacson opposed the pro-consumer Arizona HB that would have required timeshare buyers be granted 24 hours to review a timeshare contract. His argument was that Arizona only receives 250 annual timeshare complaints.

If you experienced unfair and deceptive timeshare sales practices in Nevada, there is an easy method to comment on pending legislation. If you signed an NDA you can still make a general comment asking the bill to be amended to include the offer of a 24 hour period for the buyer to consider the purchase of a timeshare.

To voice your opinion click on Nevada SB 348 to comment:   

https://www.leg.state.nv.us/App/Opinions/80th2019/

Thousands upon thousands of people across America and in the European Union are reporting unfair and deceptive timeshare sales practices. Just this week Consumer Affairs reported on a couple over the age of 85 sold $250,000 in timeshare points. USA Today and the Arizona Republic reported on a couple nearly 90 years old sold $150,000 in timeshare points. In March I received a complaint directed against the same timeshare company from a couple turning 90, both diagnosed with age-related dementia. They were sold $145,000 additional timeshare points promised a maintenance fee relief program that does not exist. A third complaint against one agent, a sales agent we have on a recording defrauding a veteran a year ago, sold a couple ages 79 and 80, 90,000 timeshare points. The husband is diagnosed with Alzheimer’s; the wife’s first language is Cantonese. They were unsure of the purchase price but a conservative estimate is $240,000.    

There’s more!

If this bill passes, law firms providing timeshare exit assistance and legitimate exit providers would not be allowed to receive payment for services provided until all services have been provided. Timeshare companies have not been forthcoming in even notifying timeshare members that their loan has been cancelled. Many have reported not learning of a loan cancelled until a 1099C arrives in the mail.

We want timeshare buyers to be offered 24 hours to think about their decision to sign a timeshare contract. This could be waived if the buyer chooses, but would allow those unduly pressured to consider their decision, consult an attorney, mom, dad, son or daughter. As things stand, same day sales are demanded after exhausting sales sessions.

The proposed “cooling off period” as stated in the NV SB 348:

A time-share exit assistance or relief services provider shall give the owner who is not a developer not less than 1 business day to review a contract pursuant to this section.

Timeshare exit providers have heard from thousands of timeshare buyers desperate to find release. Voice your opinion – click on SB 348 and demand your 24 hours:

https://www.leg.state.nv.us/App/Opinions/80th2019/

Timeshare members collectively donate approximately $5 million a year to the timeshare PAC ARDA ROC through “voluntary” donations via their timeshare maintenance fee invoice, yet not one of the 779 timeshare members who have contacted us could tell me what ARDA or ARDA ROC stands for. These donations fund ARDA lobby efforts. ARDA purports to be lobbying for the consumer, but what’s wrong with a consumer being allowed 24 hours to think over a purchase that has financially devastated so many families?  

Michael Kosor, a Wyndham owner and Las Vegas resident, responds to Wyndham Sr. VP Jason Gamel who testified at the Florida HB 435 legislative workshop held in Tallahassee March 12

The Nevada Senate Bill 348 denies legitimate attorney representation to responsible consumers desperately seeking to escape the perpetual liabilities of a timeshare contract. Attorneys who provide timeshare exit assistance would not be allowed to charge a retainer or any money upfront until services have been provided. Challenging a timeshare contract can take up to two years or more.  

When I last visited the Nevada Real Estate Division (NRED) and sat down with an investigator on the issue of timeshare complaints I learned the following:

  • NRED continues to be one of the only states that I am aware of, with a large number of timeshare sales, with no dedicated timeshare division. I believe Nevada is #7 in timeshare sales.
  • NRED has no legal staff, thus NRED must forward all legal questions to the Attorney General.
  • The investigator confirmed that NRED produces no public report to anyone, including its own investigators, on the number, type, and/or outcome of timeshare complaints filed. Are there fifty or fifty thousand complaints?

Wyndham Sr. VP and attorney Jason Gamel, who provided testimony at the Florida HB 435 Workshop held in Tallahassee March 12, made some arguably false comments in response to Florida state Representative Newton’s question about Wyndham’s dissolution policies. Mr. Gamel explained that there was no need for owners to contract with an exit service provider because members seeking a loan cancellation due to hardship can apply for a hardship release through Wyndham. Those who were denied release and contracted with an exit service provider, or those with pending litigation, will find the testimony interesting.

When asked about the percentage of owners who would be eligible for release through Wyndham’s dissolution program, Gamel stated “…over 99% of the inventory qualifies and if the owner is current in their maintenance fees and their mortgage is paid off, it’s literally just about everybody. So anybody that has called us in the last few years while this program has been active, we have taken those timeshares back.” He further went on to state, “If they qualify for the program everyone gets out.”

I have talked to those who own Wyndham (as I do), who tried to get out but did not “qualify”. When I researched the program I discovered:

  • A policy to exit a Wyndham contract is only a few years old at best.
  • To my knowledge, Wyndham doesn’t publish any qualification criteria. I am an owner. I have asked. They will not provide the specific policy criteria in writing or in a telephone conversation as to what is sufficient to “qualify”. If anyone has the qualification criteria of any developer, exchange program, etc., I would like to see and share it. It is my assessment “qualification” is a purely subjective determination made by Wyndham.
  • Contrary to my experiences and those I have talked to, more often than not, simply being current on maintenance fees and having no mortgage does not automatically result in the ability to exit/dissolution.
  • In my opinion, the entire effort is primarily a smoke screen created in response to increased consumer issues seen as threatening a very profitable business model while deflecting attention away from fixing the flaws in the product and its lack of a resale market.
  • Florida Representative Newton requested and was promised information to support Gamel’s assertions. I hope it will be made public.

Mr. McKelvey, representing ARDA ROC, also made some questionable comments that need to be rebuked. First, he claimed “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 (the management company) 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 a one that did not have a dissolution policy and a hardship policy….”

Mr. McKelvey’s Defenders Resorts may have had a dissolution policy, but in no way can the statement be supported that all resorts have a dissolution policy.

McKelvey went on to imply dissolution policies are “passed by your board of directors.” These are not developers, these are board members elected to a board that have passed a certain dissolution policy. We send that (dissolution policy) to the directors, but we never get an answer.

There is much to challenge in McKelvey’s testimony:

  • I seriously question the validity of his claims related to the vast proliferation of dissolution policies.  
  • There is a huge difference in “having a way to get out” and getting out.
  • Dissolution policies, contrary to what McKelvey implies, are the developer-controlled boards of the corporations and exchange trusts formed by the developers used in the developer’s affiliation (exchange) programs.
  • I find it incredible that legislators and consumer protection agencies fail to act on the realities encased by prior flawed and outdated legislation that permits the sale of perpetual contracts, on the twin legal fantasies that timeshares represent an interest in real estate, and the equally damaging “constructive notice”- a presumption purchasers are knowing of and accepting of all the contract provisions imposed. I know of no other consumer product that fits these twin categories and have produced so much wealth destruction. As I have said in the past, the properties of real estate have been stripped away from timeshares. Buyers own little more than a “membership” in a strange sort of country club that can cost $100,000 or more upfront with perpetual liabilities.

ARDA’s claim that it represents both the industry and the consumer needs to be debunked.  Who are the true consumer advocates?

Thank you Mike for your opinion. Please voice your opinion on the Nevada link provided. Venting on complaint sites is easy and might make you feel better, but venting affects no change.

Self-help 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/

The Tuesday Slot: More on Florida House Bill 435

Welcome to the Tuesday Slot, we continue this week with more on the Florida House Bill 435 Workshop held in 12 March, once again written by Irene Parker who attended.

As usual before publication we have sent the article to Wyndham and ARDA for comment, but as always these tend to be ignored. As a matter of course we always send the proposed article as we welcome comments from the industry, as it furthers debate and it can accomplish our goals of consumer protection.

Without this debate nothing will ever be achieved and the consumer will forever be at the mercy of the industry. In this respect the lack of response only says one thing, for that we let you the reader decide what it is!

More on the Florida House Bill 435 Workshop held March 12

In response to ARDA ROC and Wyndham’s testimony:

How Timeshare Sales Agents can Dodge a Rescission Period

Why Reading the Timeshare Contract does not Always Help

Why the Delay in Reporting Fraud

By Irene Parker

March 19, 2019

The Florida HB 435 Workshop held March 12 in Tallahassee:

At the Florida HB 435 workshop held in Tallahassee March 12, Victoria Butler, from the Florida Attorney General’s Department of Consumer Protection, reported a figure of 1,500 to 1,600 timeshare complaints in 2017 and 2018, with about 50% involving senior citizens. She said the majority of complaints were in regard to the initial sales presentation. There have been 700 complaints filed so far in 2019. Ms. Butler stated that the Florida timeshare division engaged only 42 complaints, the majority concerning resale.

This fits with our members reporting that all timeshare complaints submitted to Florida’s http://Department of Business & Professional Regulation (DBPR) were met with “Verbal representations are difficult to prove.” This lack of enforcement gives a green light to perpetrators, knowing their company will dismiss complaints with, “You signed a contract,” echoed by DBPR’s response, “Verbal representations are hard to prove.”

Platinum timeshare member Sheilah Brust, who designed our Timeshare Regret T-Shirt pictured above, and other Platinum members, are organizing a protest in May in Orlando, astonished at the figures reported by Florida’s timeshare division. The oral representation sentence in the timeshare contract stating, “I did not rely on oral representations to make my purchase,” buried in an 80+ page contract, gets a workout. Our goal is to alert the public that they should not believe a word a timeshare sales agent says, which is not fair to timeshare agents selling the product honestly.

Inside Timeshare has heard from 735 families. Of the 735, 100 are veterans and active duty service members. Over 200 of our readers have sent complaints to the timeshare lobby and PAC ARDA ROC. ARDA ROC does not mediate complaints, but they have a Code of Ethics. All complaints sent to ARDA ROC but one were ignored. ARDA ROC responded to one complaint, “This has been resolved,” even before the member, with a top security clearance, had heard from the company. The CEO of the company sits on ARDA’s board.  An active duty service member or a defense department worker can lose their security clearance, their job and their career over a timeshare foreclosure. ARDA ROC purports to be the voice of timeshare members.    

On Saturday, March 16, I heard from Platinum member #74, told that by purchasing additional points, they would be able to sell or rent points to offset rising maintenance fees, now over $10,000 per year. A 126 page summary report I prepared of reader complaints, shows a pattern and volume of complaints, often the sales agent a repeat offender. All the Platinum members report being told of maintenance fee relief programs that do not exist or a program allowing the member to sell points, if they purchased additional points.      

Platinum report submitted by Andrea K, Platinum member #74:

Our family has been emotionally and financially devastated because of the last timeshare points purchased. By 2016 or 2017 our maintenance fees had increased. The sales agents said we were the only deeded owners left and that is why they said our maintenance fees were so high. They said they were not sure if it was too late, but they could try to get us converted to points.

In 2017 we went to Hawaii. We purchased $55,000 worth of more points. They said if we purchased Hawaii points, we could easier sell because Hawaii is so popular. He showed me a magazine listing Hawaii timeshares for sale. I still have the magazine. He also said if I have this many points I can rent, especially in January to pay for the maintenance fees. We have learned our timeshare company does not allow us to rent using the internet, and that their points are worthless on resale.  

In 2018 we stayed at Tahoe in California but purchased in Nevada. In Tahoe they said because we had not purchased at our last stay, we lost our $3 price so that we would have to pay $9 per point if we did not buy additional points that day. He said our price lock was lost, but when he checked our records, he said for some reason the $3 was still there. He said I needed to sign a paper to remove the $3 price and in the future I would have to buy points at $9. He should have told us our timeshare points are worthless on resale. These presentations have taken 6 to 8 hours, despite being told they would only be for 90 minutes.

As years have gone by, we have learned that things we were told are either exaggerated or not true.  Many of the reimbursements promised did not yield what they had said they would yield.

Twenty of the 74 Platinum complaints were lodged against the same sales agent over a two year period. According to a lawsuit the agent has filed against the company, he said he was instructed to create reasons why existing members needed to buy additional points. He reported earning over $1 million in 2015 selling timeshare points, $2.4 million in 2016 and $2.4 million in 2017, before being terminated. His replacements are generating similar to identical complaints.

Mr. Ken McKelvey, ARDA ROC Chairperson, questioned why timeshare buyers wait so long to report deception. Mr Jason Gamel, Wyndham Sr. VP, Legal said exit companies are not needed because Wyndham has a hardship department to address members struggling with high interest rate timeshare loans. Both spokespersons said the rescission period provides enough time to review a contract and rescind. Our reader complaints address these objections:

How timeshare sales agents and timeshare companies can easily dodge the rescission period:

  • The buyer is told, “This is a new program, so don’t say anything to quality assurance because I could get fired.”
  • The buyer is told, “This program will be available after January 1.”
  • The buyer is not allowed onto the booking site until after the rescission period. Several buyers report being told airfare is included when booking. It’s not until they attempt to book they learn this is Blarney.
  • The buyer reports being told loans will be consolidated, but then the loan is not consolidated. The buyer does not learn this until the next loan payment, after the rescission period.
  • The buyer is told to wait a few months before refinancing.

Why reading the contract does not always help:

  • Buyers are shown a booklet of resorts, but the buyer is not allowed onto the booking site until after the rescission period. Actual availability cannot be determined by reading the contract.
  • My contract stated, “You can sell points, we will not assist you.” It left out the part about licensed timeshare brokers will not accept a listing for my timeshare points.

Why there is a delay in reporting fraud:

  • The reason that it may be several years before fraud is reported is because a negative life event triggers the need to sell. It is not until that trigger occurs that the buyer, who was sold on the promise that the timeshare is like real estate, easily sold, learns their timeshare is worthless.
  • It is not until a tax preparer, attorney, or grown child of elderly parents discovers predatory actions, such as the retired Navy veteran, living on a letter carrier’s pension, up-sold to $2,700 a month in timeshare loan payments. There have been numerous complaints involving Alzheimer diagnosed buyers.

We are hoping Marine veteran James Sherwood fell through the cracks at Wyndham, and that Wyndham will reach out to Mr. Sherwood. Mr. Sherwood’s wife broke both hips three years ago and has had a total hip replacement. He is disabled. Neither can travel. Wyndham would not accept that Mr. Sherwood was disabled. They demanded proof he could not travel. The VA provided a letter stating Mr. Sherwood could not travel. This was not sufficient. Mr. Sherwood felt it was an invasion of privacy to demand all medical and financial records, especially since he was told when he purchased the timeshare, that the transaction was a real estate transaction and could easily be sold. http://insidetimeshare.com/http-insidetimeshare-com-p5114/

Timeshare members are deeply grateful to Florida lawmakers, who echoed some of their negative timeshare experiences during the Florida HB 435 workshop. For the first time in memory, lawmakers’ voices talked back to the timeshare industry and to industry lobbyists. A timeshare consumer protection Arizona HB 2639 bill is currently being debated, strongly opposed by ARDA. The Arizona Attorney General’s office received 400 complaints against just one company. After a press release announcing an investigation a few years ago, they received an additional 500 complaints, according to members who spoke with the Arizona AG’s office.  

The question I am most frequently asked:  “How do they sleep at night?”

My answer, “Bernie Madoff had no trouble sleeping at night.”

The comment I hear most frequently, “I feel so stupid.”

I answer that the following have reached out to us describing unfair and deceptive sales practices, in addition to the vulnerable:

  • Three PhD economic and criminal justice professors
  • A Florida detective who worked economic crimes undercover
  • A Consolidated Edison contract specialist
  • Lawyers and mortgage brokers

Can it be, after all this time, the consumer’s voice is being heard?

Contact Inside Timeshare or one of these self-help groups if you need help:

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene and all our advocates for all the hard work you put in on behalf of the consumer, without you there would be nowhere for them to turn.

If you have any comments or views on this or any other article published on Inside Timeshare, use our contact page, we would love to hear from you.

Friday’s Letter from America

Welcome to this week’s Letter from America, today Irene Parker gives her account on the workshop she attended at the Florida House of Representatives, regarding the Florida House Bill 435. As Sunday is St Patrick’s Day for all of our Irish friends, we couldn’t resist using the definition of Blarney in the opening graphic. After watching the recording of the Workshop, it seemed apt to use it, once you watch it for yourselves, you will understand why.

Before we go to Irene’s report some very brief news on the legal front in Spain.

In Tenerife, Silverpoint have been subject to a “cash” embargo, this is a result of a case brought by Canarian Legal Alliance for an execution of sentence on a recent case. Their senior lawyer Eva Gutierrez brought the order to the court to force Silverpoint to lodge the awarded amount with the court. This was done to ensure swift payment of the funds to the client, who will now receive 27,047.11€ plus legal fees and all legal interest.

CLA are now using this enforcement action as soon as the sentence is issued by the court. This stops any delaying tactics by the timeshare companies in making payment. It seems to be working very well.

It has also been published that the Fiscal Prosecutor in Gran Canaria, is looking into the accounts of Anfi Resorts and Anfi Sales, for the possible illegal movement of money to various accounts in order to delay the payment of funds to clients who have won cases against them.

For the Fiscal Prosecutor to be involved in this, shows that it is a serious matter, the full story can be read at the link below. Although it is in Spanish, use google and use the translate page feature.

https://m.eldiario.es/canariasahora/tribunales/Grupo_Anfi-timesharing-condenas-timesharing-insolvencia_punible_0_875612945.html?fbclid=IwAR0NGGZM0o8F8R8ZI3bD_Jsw5fS-HVuRSc0g1ed-lUJOS01GUZC48huO0_c

No for Irene’s report.

Florida House of Representatives

Business and Profession Workshop held in Tallahassee March 12

Florida House Bill 435

Does it restrict the rights of citizens to retain legal counsel?

By Irene Parker

March 15, 2019

Inside Timeshare has received many complaints about timeshare exit companies, in addition to reports from timeshare buyers describing unfair and deceptive timeshare sales practices. Critics of Florida HB 435 feel if passed this bill would restrict the ability of timeshare buyers to seek legal counsel.

Due to disclosures, we will not publish the link to the recording of the Florida HB 435 workshop held March 12, but the recording can be easily found at https://thefloridachannel.org/. Search the workshop by entering 3/12/19 Business and Professions Committee. The first 1 ½ hours is about beer and spirits distribution. The timeshare workshop can be found by fast-forwarding to the session’s last hour.

A panel composed of exit company attorneys and industry attorneys answered questions from Florida state representatives, who clearly seemed on top of the issues. Panel members included:

Jason Gamel, Sr. Vice President, Legal at Wyndham Vacation Resorts, Inc.

Shannon Zetrouer, Outside Counsel, Reed Hein and Associates

Tiffany Kimble, Director of Underwriting, First American Title’s Vacation Ownership Services Division

Wayne Halper, Esq., in-house counsel Wesley Financial Group, LLC

K.L. “Ken” McKelvey, CPA, ARDA ROC Chairman

Boyd McAdams, from the Florida Department of Business and Professional Regulation (DBPR), shed light on the number of consumer complaints filed in the last few years. Previously, our figures reported 2,360 timeshare complaints filed from April 2012 to April 2014. DBPR only acted on 110 of those complaints.

The approximate figures of timeshare related complaints, as I understood the figures, are:

2016        1200 complaints          600 reported misleading information

2017        1300 complaints          700 misleading information

2018        1300 complaints          700 misleading information  

2019        700 complaints            300 misleading information

Victoria Butler, from the Florida Attorney General’s Department of Consumer Protection, reported a figure of 1,500 to 1,600 complaints in recent years, with about 50% involving senior citizens. She said the majority of complaints were in regard to the initial sales presentation.

Ms. Butler stated that the Florida timeshare division engaged only 42 complaints, the majority concerning resale. This fits with our members reporting that all timeshare complaints they submitted, DBPR responded, “Verbal representations are difficult to prove.”   

Consumer attorneys matched the strength of industry attorneys. I would like to point out and dispute a few of the comments made by panel members Wyndham attorney Jason Gamel and ARDA ROC spokesperson Ken McKelvey.

Reid Hein’s legal counsel, Shannon Zetrouer, described how a buyer, typically held for hours in a high pressure timeshare sales presentation, signs a perpetual contract, often reporting that they were given misleading information.

Ms. Zetrouer argued that Florida HB 435 would infringe on a consumer’s right to seek other legal services, such as bankruptcy, foreclosure, or estate planning advice. She feels the bill, as currently worded, is overreaching in that it would affect timeshare buyers across the nation if they purchased in Florida.  “I specifically have concerns about House Bill 435. First, I think it will actually have a negative impact on consumers…It seems to infringe on the right of contracts and the right of companies to contract with consumers for relief that they [the consumers] are clearly seeking. Otherwise this industry wouldn’t exist,” said Zetrouer. “Simply put, if going to developers was an option for these consumers, then there would be no third party industry,” she added.

Mr. Gamel spoke of the 2012 Transfer Act that addressed disclosure, rescission, escrow and prohibited acts.

Ms. Kimball addressed the problems associated with fraudulent transfers.

Wayne Halper, Esq. described the criteria required to become a client of Wesley Financial Group, LLC. Wesley Financial receives 3,000 to 3,500 calls per week from timeshare buyers seeking relief from timeshare contracts. Of those initial contracts, only 150 to 200 per week are accepted as clients, because they must meet the criteria for fraud. Similar to the complaints Inside Timeshare receives, 100% of Wesley clients report being told the timeshare is an investment and will increase in value and 91% report the ability to rent will offset maintenance fees and provide an income stream in retirement.

Mr. Halper echoed Ms. Zetrouer’s comments, in that 99% of timeshares sold in America have a presence in Florida, and the bill as written would eliminate the right of timeshare members to seek the services of those offering exit services. Later in the discussion, Mr. Halper pointed out that being released from a timeshare contract can take up to three years. He felt it would be unfair to expect a provider not be allowed to charge for services performed until after proof of exit has been provided, proof not always provided.

ARDA ROC Chairman K. L. McKelvey said ARDA ROC represents 1.8 million Timeshare Owners. I have asked 742 families who have reached out to me, feeling they experienced unfair and deceptive sales practices, if they even knew what ARDA ROC stands for. Not one member could answer, yet collectively timeshare members give ARDA ROC approximately $5 million a year, often “opt-out” contributions.  

Mr. McKelvey described ARDA’s Responsible Exit Industry Coalition. For my timeshare, this is nothing more than media spin. I surveyed all 64 members of the Licensed Timeshare Resale Broker Association. Of the 64 members, 22 members responded, saying they would not accept a listing for my timeshare company, feeling restrictions the company places on points purchased on the secondary market excessive.

In response to a question asked by Representative Randy Fine (R), asking the percentage of Wyndham’s marketing costs; Mr. Gamel thought 30 to 40%.

Let’s compare this scenario to the primary housing market. The timeshare buyer sits across from a real estate agent in most states. There is an understandable assumption a buyer would think they have the same rights as a primary housing market buyer.

What would happen to the primary housing market if:

  • The Buyer paid 30 to 40% upfront in commissions,
  • The Buyer is demanded to buy the house the same day,
  • The Buyer learns licensed brokers won’t accept a listing to sell their home should they need to sell.

Committee member Representative Michael Gottlieb asked about “Adhesion” – meaning a timeshare contract cannot be changed, so why should someone need to talk to a lawyer before signing a contract, because you can’t change the contract anyway. The reason is because buyers are exhausted after an hours long high pressure sales session, signing a perpetual contract without being allowed adequate time to review copious and complicated documents. Not only attorneys, buyers are discouraged from seeking advice from a mom, dad, son or daughter. Sales agents are trained on how to defer this request, according to numerous current and former sales agents. Not being allowed 24 hours to think about a perpetual purchase, spending anywhere from $20,000 to $150,000 highlights the unfair in unfair and deceptive practices.

There have been many Attorneys General investigations and lawsuits concerning unfair and deceptive timeshare sales practices. Former Wyndham sales agent and whistleblower Trish Williams was awarded $20 million after reporting deceptive sales practices, and a recent Florida whistleblower lawsuit was filed November 2018 on behalf of ten former Wyndham sales agents and employees, working at Wyndham’s Florida Clearwater Beach Resort. Buyers need to beware of potential deceptive timeshare sales practices.

Buyers sign perpetual timeshare contracts accompanied by rising maintenance fees. Often existing members are sold additional points, promised maintenance fee relief programs that do not exist. The lack of a viable secondary market exacerbates the problem. Wyndham lists a viable secondary market as a risk to their stock market investors in their 10k reports.

Clearly, as Committee Chairwoman Heather Fitzenhagen stated, timeshare is a thorny issue. Let’s hope actual member voices can be heard in future sessions.   

On Tuesday, our reader data can easily address concerns expressed by Mr. McKelvey and Mr. Gamel:

1.     How rescission periods are easily dodged

2.     Why reading the contract does not always help

3.     Why the delay in reporting fraud

Related article: By Wyndham member and Marine Veteran Jim Sherwood, hardship appeal: http://insidetimeshare.com/http-insidetimeshare-com-p5114/


Self-help groups we feel are not industry influenced.

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/

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.

Contact Inside Timeshare to let your voice be heard.  

Inside Timeshare did have trouble locating the recording mentioned in paragraph two of Irene’s report, so Inside timeshare has provided a direct link to it in order to assist readers, the relevant part starts at approx 1:45:50

https://thefloridachannel.org/videos/3-12-19-house-business-and-professions-subcommittee/

Thank you Irene for your time in attending this workshop and writing this report, let us hope that the Florida Representatives see the need to protect consumers from the industry.

All that is left for us now is to wish you all a wonderful St Patrick’s day and to use one of their phrases

‘Bhi craic agus ceol againn’ : We had fun and music.

Join us next week for more news on the world of timeshare.

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.

Friday’s Letter from America

Welcome to this week’s Letter from America, today Inside Timeshares Irene Parker reports on a Lawsuit filed on behalf of 10 former Wyndham employees. This suit was filed under the Florida Private Whistleblowers Act in the Judicial District of Pinellas County, Florida Civil Division. This follows on from a previous article first published in 1 December 2016, where Whistleblowers exposed timeshare sales tactics, it was also where we reported on Trish Williams being awarded $20 million by a San Francisco jury for unfair dismissal after she exposed Wyndhams tactics. But first the latest news from the Spanish Courts.

For one British family they are nearing the end of a long road in their fight against Anfi Resorts, the Court of First Instance Number 4, in Maspalomas Gran Canaria has declared their contract null and void. The basis of this decision is the contract did not follow that stated under Spanish Timeshare Law 42/98.

The Hope family are now timeshare free and will soon be able to enjoy the money awarded, as the law firm Canarian Legal Alliance has already begun proceedings to enforce the sentence and have the money paid out as quickly as possible.

Mr & Mrs Hope

On the subject of enforcing sentence, one Norwegian family have now been awarded 49,226€ with their contract with Anfi Resorts being declared null and void, on the grounds that it did not include any tangibility and was detrimental to the consumer.

After enforcement of sentence proceeding by their lawyers at Canarian Legal Alliance, this money is now safely in the clients own bank account.

So contrary to many posts on various forums and claims by timeshare companies, clients are receiving payment, so congratulations to both families.

Now for today’s article.

A Lawsuit Filed on behalf of 10 Former Wyndham Employees

Filing #82214691 filed 12/17/18

Timeshare Exit Team Responds to Manifesto

Arizona Timeshare Bill to Safeguard Timeshare Buyers Opposed by Timeshare Lobbyists and Developers

By Irene Parker

February 22, 2019

A lawsuit was filed under the Florida Private Whistleblower Act (Florida Statute 448102(3)) on behalf of ten former Wyndham employees in the Judicial District of Pinellas County, Florida Civil Division against Wyndham Vacation Club. Plaintiffs include eight former sales agents. Plaintiffs allege that they objected to and refused to participate in illegal timeshare sales practices. This lawsuit parallels the former Wyndham California sales agent Trish William’s lawsuit in which a jury awarded Ms. Williams $20 million November 2016.

According to the Florida statute, “An employer may not take any retaliatory personnel action against an employee because the employee has….Objected to, or refused to participate in any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.”

Florida House Bill 435, introduced by Freshman Representative Wyman Duggan seeks to protect timeshare members from unfair and deceptive sales practices perpetrated by timeshare exit companies.

The timeshare industry lobbyists and developers lump legitimate law firms and lawyers in with lawyers employing questionable business practices, with a goal to prevent members from seeking any legal counsel if they feel they experienced unfair and deceptive timeshare sales practices.

Timeshare Accountability Group™ maintains a member need not retain a law firm or an exit company. Our Supporters answer questions about regulatory filings as the process can be daunting. However, some members do not have the time or temperament to withstand our process, which we admit is arduous.

In Manifesto Part I the author compared third party exit companies to Ponzi Schemes. This prompted a response from Timeshare Exit Team:  

“For the past seven years, as Timeshare Exit Team has grown from a local, Seattle-based company to a national brand, we have remained focused on honesty, integrity, and transparency. We exit burdened timeshare owners legitimately by facilitating transfers, voluntary deed-backs to resorts, or using attorneys to litigate against timeshare developers when necessary, and offer a 100% money-back guarantee. To date, we have successfully exited 16,000 timeshare owners. Our goal is not just to provide a valid exit for owners who find themselves with no realistic solution to get out of their timeshare, but also to transform the industry. For that reason, we are proud to be a founding member of The Coalition to Reform Timeshare. In solidarity with our Coalition partners, we are pushing for a Consumer’s Bill of Rights for timeshare owners–and would-be owners–that seeks to create a 24-hour cooling-off period prior to signing a timeshare contract, to  lengthen rescission periods to 14 days, to force full disclosure in timeshare presentations, and to give timeshare owners booking rights over the general public. Our passion is to be able to serve every single one of our clients AND to support those who wish to keep their timeshare, but just want a level playing field with the developers.”

Given Timeshare Accountability Group™ recommends not paying anyone to get out of a timeshare, we find ourselves an unlikely ally with Timeshare Exit Team as we are also a founding member of The Coalition to Reform Timeshare.

There are many timeshare exit scams, but there are also many scam timeshare sales agents. Inside Timeshare has heard from 705 families reporting allegations our ten Wyndham former employees say they were forced to employ or be “starved out” of their jobs.

In the Wyndham lawsuit, plaintiffs were employed by Wyndham’s Florida Clearwater Beach Resort which opened in 2017. Plaintiffs include eight former sales agents, a business operations coordinator and a community marketing agent. Plaintiffs say they were enticed by a supposed once-in-a-lifetime opportunity to be part of the opening sales team where they were promised yearly profits in excess of $500,000.

The allegations described in this December 2018 class action read like a broken record to Charles Thomas and me. We hear on a daily basis, identical complaints from timeshare buyers from a variety of timeshare companies. Many were existing members who trusted the company, buying more points in order to be eligible for programs that did not exist, like the ability to sell back points to the company. Timeshares have virtually no secondary market.

We also have received many complaints from timeshare buyers who said they did not realize a credit card had been opened or charged. They report being told to “fill this out so we can determine if you are eligible” when in actuality a credit card was opened and charged. Electronic signing doesn’t help as initials are stored and then, tap, tap, tapped to completion.

According to the Wyndham December 2018 complaint, allegations (edited for brevity) in violation of Florida statutes, include:  

18. Plaintiffs allege supervisors regularly instructed them to intentionally confuse and mislead buyers or “wear them down” so they would buy property.

19. Supervisors instructed Plaintiffs to misrepresent the price of the timeshare through the use of point charts, specifically Wyndham’s “Clearwater Beach Resort Points Chart” fraudulently showing buyers the “RCI Points Chart” which depicts substantially cheaper points – in many cases less than half the actual cost.

20. Supervisors instructed Plaintiffs to fraudulently advise buyers that the timeshare was an investment.

21. Supervisors instructed Plaintiffs to fraudulently advise buyers that the property was not a timeshare.

22. Supervisors instructed Plaintiffs to fraudulently misrepresent to buyers the effect of completing a credit application. Plaintiffs were instructed to advise buyers that the credit application would only be a “soft hit” or that it was not a credit application at all.

23. Supervisors instructed Plaintiffs to fraudulently alter the buyers’ income level on their credit application, if needed, for them to be approved for credit financing.

24. Supervisors instructed Plaintiffs to fraudulently advise buyers that Wyndham would buy back their property if they were not satisfied with it.

25. Supervisors intentionally preyed upon the elderly in the use of unethical and illegal sales tactics.

26. Out-of-state residents not eligible to purchase Clearwater Beach Resort properties directed plaintiffs to fraudulently advise such buyers to purchase “Club Wyndham Access” that would give them access to other Wyndham properties, and that they could transfer their interest to Clearwater Beach Resort, even providing a form letter explaining this, knowing it was not true.                                                   

27. Potential buyers were told the property was not a timeshare, but a “vacation ownership.”

28. Supervisors routinely overstated availability due to Wyndham renting out rooms, reducing availability.

29. Supervisors directed Plaintiffs to fraudulently advise timeshare owners on their refinancing options advising existing owners that they could keep making the same monthly payments and pay off their loan by the same time, when in actuality repayment terms were simply extended.

30. Supervisors instructed Plaintiffs to do “whatever they have to do” to close deals, even if it was unlawful or unethical.

The suit also alleges unlicensed real estate agents engaged in the unlicensed practice of real estate by selling properties to buyers.  

Plaintiffs say they complained numerous times to supervisors, Human Resources, and eventually to corporate attorneys and investigators. Plaintiffs stated at least one supervisor stated he would “starve out” Plaintiffs that objected and/or complained if they did not do what he told them to do, or would fire them. Plaintiffs were constructively terminated. According to the complaint, one supervisor advised Plaintiffs to “forget everything (they) just learned” as they would never make a sale that way.

According to attorney Tom Roebig of Florin Roebig trial attorneys, representing the Plaintiffs,

“All too often corporations think that an employee who reports wrongdoing is trying to start trouble, when they’re really just trying to protect the company and other innocent victims. Unfortunately, as we can see here, all too often the employee is punished for doing the right thing.”    

Allegations from the Trish Williams lawsuit:

In the Trish Williams lawsuit, the elderly were also targeted. Allegations in the Trish Williams lawsuit include:   

1.     The effect or even existence of a credit card application;

2.     That current owners could increase their points at no cost;

3.     That Wyndham would buy back points or property in certain circumstances;

4.     That monthly payments would be reduced when they were simply being extended;

5.     That current owners were making smaller payments than they were, in an effort to persuade them to purchase more points;

Michael Brown, President and CEO of Wyndham Destinations made this statement about unscrupulous timeshare exit companies’ sales practices:

“We are committed to protecting our owners to ensure they aren’t taken advantage of.”

Having heard from 705 timeshare families, 98 active duty service members or veterans, alleging unfair and deceptive timeshare sales practices, we contend both sides of the timeshare sales and exits are problematic.

Arizona has proposed a bill (linked above) to safeguard timeshare buyers against practices alleged in the Wyndham lawsuit, numerous Attorneys General investigations, Better Business Bureau complaints, and other lawsuits. We will be reporting on this bill in an upcoming article.  

Thank you to the bravery and courage it takes for employees and former employees to “Hold the Powerful Accountable” and as I can personally attest – it’s not easy!  I look to Whistleblowers of America (WoA) for support because you can’t do it alone. WoA is a nonprofit that seeks justice for veterans, active duty service personnel and government workers. A veteran introduced me to WoA.

https://whistleblowersofamerica.org/h

Self-help 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/

Contact Inside Timeshare if you have a positive or negative timeshare experience to share. We know there are honest agents who refuse to buy into the “pitching of heat” which means telling consumers anything they can think of to get a potential buyer to sign on the electronic line. They too are harmed by the actions of sales agents with questionable business practices.

Thank you Irene and to all other contributors this week, with your help we are able to give others a glimpse of what is happening in the world of timeshare.

Please use our contact page if you have any comment or questions on any of the subjects covered on Inside Timeshare.

Have a great weekend.


Friday’s Letter from America

Welcome to the first Letter from America of February, this week we hear another “Nightmare on Timeshare Street” from the Wheat family and their experience with Wyndham, edited by our very own Irene Parker. First a little news from Europe.

Yesterday, Thursday 31 January, at Birmingham Crown Court , Dominic O’Reilly, Stephanie O’Reilly and Eze Europe Limited, appeared for sentencing. As we know they had faced many charges of unfair trading practices, misleading consumers and many more. On checking the courts website this morning, nothing has yet been posted, but Inside Timeshare has emailed the court for confirmation of sentences and we are waiting for a reply. As soon as this comes in we will be publishing on these pages.

News came in this morning regarding another case involving Diamond Resorts in Tenerife, Canarian Legal Alliance originally had a case in which the Court of First Instance found in favour of Diamond. They instantly appealed this decision to the High Court

The High Court reviewed the case and ruled that the First Instance Courts decision was flawed, they immediately overruled the first court’s ruling, as per the Supreme Court rulings. They deemed that all 5 contracts were illegal and declared them null and void, they also awarded the client 100% of the purchase price, plus double the deposit paid within the 14 day cooling off period, all legal fees and legal interest. This client will now be receiving over 25,000€ and can now enjoy a timeshare free life.

Now for this weeks Letter from America.

The ‘Take Away Timeshare Close’

By a Wyndham buyer

February 1

By the Wheat Family

Introduction by Irene Parker

Inside Timeshare has heard from 671 families. Like a broken record, the member reports being told “I can’t believe that last salesperson sold you this!” You should have never bought:

 

  • So few points!
  • The wrong package!

 

Understand that this is a tried and true sales technique. I spent 30 years in sales selling in a number of industries, but can’t recall using this technique unless I felt the sales agent really did sell the buyer a wrong product. For example, as a stockbroker I would run into a young person’s 401K funded with a fixed income product. In timeshare, it’s used as a ploy. If both sides of the supposedly wrong/right product sell against each other, it means no consumer should buy the product. It’s not unusual to hear, on the same day, from two different members, Sales agent A said I should not have bought Product 1 while sales agent B said I should have bought Product 1. It’s called the Take Away Close:

The Take Away Close really takes some time to master. Though it sounds simple at first, the real secret is learning when to use it. The danger is always using the take away close and having a customer agree to purchase a lesser product when they were close to committing to a larger sale. From The Balance Careers

https://www.thebalancecareers.com/the-take-away-closing-technique-2918597

The Wheat Family Explains

The motive behind the ‘Take Away Close’ is to make the customer/prospect feel like they are missing out on something they should have been entitled to and then make them spend the money so they feel they are getting their money’s worth.

We experienced this sales ploy. I wonder how many other people fell for it too.

We bought a Discovery package (200,000 points) for $1,944 at Wyndham’s Great Smoky Lodge at the beginning of 2017. A credit card was opened and the purchase charged. When we tried to use the Discovery package for Florida in July 2017 it did not work. There were restrictions on when we could reserve. In August 2017 we tried to reserve in Myrtle Beach. We tried a third time at the beginning of 2018 for the Smoky Lodge. We were told it was full so we paid for two days ourselves. That is when another salesperson, JR Renteria, said they had 64 vacant rooms so we should have been able to reserve one. He said the problem was because of the Discovery package we purchased. Although Wyndham would not be able to reimburse us, they could give us a free week certificate (which turned out not to be free). Mr. Renteria advised us to upgrade so we would not have this lack of availability problem again.

With an upgrade we were told we would be VIP members and that the original credit card that was opened for our first purchase would be upgraded to a Gold credit card which we could use to reserve when and where we want to go, any day.  They said we could get 50% off cruises and restaurants. Other family members could make reservations in their names. Mr. Renteria said if we upgraded they would roll the original 200,000 Discovery package points over for the next year. Renteria gave us our documents after we signed the new contract, but told us to wait for the Gold Card and the Silver VIP card before we tried to book anything. This effectively dodged the contract rescission period. He told us we should receive the new cards in about a week. It took around three to four weeks before we received the VIP card. We still have not received the upgraded Gold Card. We were told we had six months to pay in full with no interest.

We bit and got bitten for $18,000.

Another strange thing was that Renteria said he wanted us to write a note saying the first reps, Carol Finch and Cyndy Vdaw, did not cover everything properly for the Discovery package. Maybe this was part of a scam, maybe Wyndham actually kept a copy. Either way, we wrote a note saying we did not understand everything on the Discovery package deal.

After the upgrade we tried to reserve a room to attend a wedding in Atlanta. Wyndham told us we would have to reserve two months in advance in order to use our points. (Renteria had said we could book on the day with our new Silver member status.) Wyndham told us that they could reserve a room for $188 on the day we needed it. The sad thing is we could book the same room for the same dates for $108 online.  You would think being a Silver member (VIP) we should have been able to get a better price than a non-member.

Renteria told us we could call him if we ever had any problems getting reservations and he would take care of it.  We tried to contact him but NEVER got a reply to any of our calls or texts.

We called Carol Finch at the Discovery timeshare when Renteria did not return our calls. I told Carol we were not happy and that nothing we were told was true. She said we should not have had to wait two months to reserve a room and Renteria should have combined the two timeshares. She said she would let him know and would call us back that afternoon. We have not heard back. That was the final straw. In this day and age of Expedia, Airbnb and Booking.com, don’t buy a timeshare. That’s my takeaway close.

But that’s not all!

To make things worse, after looking over the credit card application we found that the application had been doctored. There is an annual income noted under both of our names for $100,000 each.  However, $100,000 is what we may make combined, not individually. I have a copy of the credit card application as proof. My writing is very distinctive. I filled out the whole form, yet the only place that was left blank was filled in by someone with a much scruffier handwriting than mine and he wrote another $100,000 to double our annual income. We sent this obviously doctored form to Wyndham, but they did not even acknowledge it. They chose to focus on the parts of our complaint that they could reasonably deny because the lies were verbal and can’t be verified. Wyndham conducted an ‘investigation’ into our allegations of concealment and omission. We were informed, somewhat predictably, that their investigation had found that our allegations were baseless and the contract was properly executed and legally binding. I suppose I’ll go and ask the drunks to guard the bar for my next trick.

Other representations we feel were unfair and deceptive:

  • They did not say we were actually buying a timeshare. They called it a vacation ownership or something like that.
  • They said they would help us rent so we could earn a profit.
  • They said maintenance fees would never increase.
  • They said we could call every six months to continue our interest free rate.
  • They told us our purchase would give us more reservation rights than it actually did.

Do yourselves a favor and stay away from Wyndham. I imagine Wyndham is not alone, so the best advice is to stay away from timeshare altogether.

Thank you to the Wheat family for sharing their experience. Timeshare companies should want their buyers to feel good about their decision to buy a timeshare. Timeshare is not for everyone and we hope by sharing experiences, buyers will be better informed as to whether the timeshare product is right for their family.

Related articles:

Veteran family Wyndham buyer Kleen family article:

http://insidetimeshare.com/fridays-letter-from-america-38/

Veteran family Wyndham buyer Althage family article:

http://insidetimeshare.com/fridays-letter-from-america-37/

Self Help 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 Irene for your editing efforts and a very big thank you to the Wheat family for sharing their experiences with us. These real life stories that we publish do show how the industry is in dire need of reform, especially in the tactics employed by their sales agents. As we know when high commissions are the motivation, these agent will say and do anything to get the sale.

If the industry does not do anything themselves to curb these practices, then maybe like Spain, the law needs to take control in order to protect consumers. We do know that many other countries in Europe with a large timeshare presence have been watching Spain very closely and are also now in the process of enacting similar legislation.

If you have a “Nightmare on Timeshare Street” story that you would like to share then contact Inside Timeshare, it is through your own experiences that we hope we can make the industry listen and change.

Have you been contacted by any company with a story that sounds too good to be true?

Are you looking to do business with any company you have found on the internet or advertising in the press or magazines?

Do you want to know if they are genuine and will do what they say?

Are you able to find out for yourself or do you need help?

If you answer yes to any of these questions, then use our contact page and we will point you in the right direction.

Remember doing your homework will save you not only money but also a whole lot of stress.

Have a great weekend and join us again next week.

Friday’s Letter from America

Welcome to this week’s Letter from America, today we welcome a new contributor David Althage with his Nightmare on Timeshare Street”  story. David is another in the long list of veterans who have experienced problems at the hands of timeshare sales agents. Once again a big thanks to Irene Parker for her introduction.

A Wyndham Timeshare Buyer, a Marine Veteran, Shares his Timeshare Experience

January 11, 2019

Introduction by Irene Parker

Marine Veteran David Althage is one of 90 veterans and active duty service members who feel they have been financially harmed by their decision to buy a timeshare. Many of the veterans are disabled. By publishing member accounts, we hope others will be made aware of the financial hardship that can result when a perpetual contract is signed, a contract accompanied by annual maintenance fees, with little to no secondary market.

We understand there are many who use and enjoy their timeshare. Many may have not been made aware of the difficulties that can arise when there is little to no secondary market.

A draft of today’s article was sent to Wyndham but the dispute was not resolved. We feel there should be better disclosure as to the lack of a viable secondary market. Timeshare companies list in their 10k annual reports a viable secondary market is a risk to their investors.   

By David Althage

I would like to share my Wyndham experience, hoping others will take the time to think about a decision that can easily become a financial albatross. I deeply regret our decision to buy the timeshare. They pressured us to a huge extent, but we didn’t realize this until much later. I feel we experienced elder abuse.

I am a veteran of the Marines. I served from 1964 to 1968 and ended up as a Corporal E4. I spent most of 1965 and 1966 in Vietnam and my specialty was machine gunner which I did on the ground and also as the door gunner on helicopters. I was wounded twice and I have also suffered from skin cancer, possible from Agent Orange. All of that seems a lifetime away as my wife and I have been settled for many years in Missouri. These days I repair mobile homes for work, and I keep going at this even though I am now 73. I do not have retirement or a pension. I only have social security.

My wife and I were in a Branson, Missouri mall when a woman at a kiosk told us she had some things to give away, but we would need to attend a 90 minute presentation. The 90 minute Wyndham presentation lasted over five hours. Over 5 hours!

The sales reps kept talking, stalling and feeding us more information. They talked so fast it was difficult to take it all in. There was a lot of paper. We started at 8:30 a.m. They did not tell us how much the timeshare would cost until about 12:30 p.m. We were tired, hungry. We kept asking how much longer it would take. The reps did not offer lunch nor would they allow us to leave to get lunch. Due to our medical issues, our heads were spinning, and my wife’s blood sugar was really dropping. She felt unwell. I suffer from macular degeneration and glaucoma, and I also need cataract surgery. I don’t see well. It was impossible to properly examine all the paperwork. And by the way, the original agent at the kiosk promised us show tickets on the Branson Belle, but it was sold out.

We are shocked at how hard this program is to use. Early in November 2017 we wanted to book a suite in Branson after Christmas in order to see a special show. We were surprised and totally disappointed when the booking center told us that we would have to book at least nine to ten months in advance. They had nothing available at any of their six Branson resorts. We don’t know our schedule that far ahead due to health issues and doctors’ appointments, etc. They did not tell us about having to book so far in advance at the sales meeting. We received a letter from Wyndham which stated,

“As part of an ongoing commitment to enable more owners to vacation where they want, when they want and how they want, in May we introduced updates to the CLUB WYNDHAM Plus Program Guidelines. These updates, made by the FairShare Vacation Owners Association Board, were introduced to help you own your vacation experience and get more out of your vacation.”

We really resent that Wyndham said we could vacation wherever and whenever we wanted. They didn’t give us the straight facts on how hard it is to book. I can only conclude that this statement was a lie.

We found out later that when you book a room and you have to cancel, you have to do it 17 days in advance of your reservation or you lose your points. This is an egregious way to treat anyone, let alone senior citizens! As a result of all this, the timeshare is not of much benefit, especially considering the price we pay.

Another point we wish to make is that the sales reps told us that by taking out visa cards through Barclays, and by making all our payments through these cards, the timeshare would “pay for itself” by generating income from points on purchases. They claimed that these points would then pay for our maintenance fees and our payments to Barclays as well. This is absolute nonsense! You can only pay for about 1% of the maintenance fee by charging, so a $2000 maintenance fee purchase would require $200,000 a year in charges!

One of the reps told us that if we decided we did not want the timeshare, we could easily sell it with no problem. By saying we could do this “with no problem” we took it that it would at least hold its value. Checking online, we were shocked to find out that these timeshares have almost no value at all. He misled us.

Sales agent Landon Anderson gave us his phone number and said to call him any time. He said, “If you ever have any problems, we will work with you.” We said we were going to Branson after Christmas to which he replied that he would take us out to dinner. We called and called, but there was no answer. We believe this number was a burner phone in a drawer somewhere.

Finally, the reps never gave us a hard copy of the contract. We specifically asked for this, but instead handed us a tablet saying that these days everything was electronic. As a result, we could not read the contract so I don’t even know if we could have rescinded in time. I called Wyndham and insisted that they send me a hard copy by mail. It took a long time to arrive. We have been unable to make the electronic device work, so for the longest time we had no idea what was on there.

It felt like they were only interested in making a sale.

This is my sorry Wyndham experience.

From Florida Trends

The world’s largest timeshare developer, Wyndham Destinations, got off to a promising start this summer as a standalone company. The Orlando-based business, established when Wyndham Worldwide split its hotel and timeshare divisions, announced in August that timeshare sales increased by 7% and earnings exceeded Wall Street expectations during its first quarter on its own. “It was an outstanding quarter,” Michael Brown, Wyndham Destinations’ president and CEO, said on the company’s earnings call with analysts.

There was a cloud over the results, however. During the call, Wyndham also revealed that the number of owners defaulting on their timeshare mortgages climbed during the second quarter, extending what has become a multiyear increase in defaults. The company says the rate of increase in its provision for loan losses has slowed to “under 5%” in the second half of 2018, but in the earnings call Brown said defaults remain “higher than we would like,” seconded by CFO Michael Hug, who added that “loan loss remains a central area of focus.”

Of the company’s nearly 900,000 owners, only 200,000 have loans. However, the company expects to set aside 21% of its gross sales to cover losses in 2018 — meaning it expects not to collect $21 of every $100 it’s loaned.

Wyndham blames much of the problem on secondary companies in the timeshare market — firms that resell timeshares, arrange for the transfer of ownership or help purchasers get out of their timeshare contracts.

https://www.floridatrend.com/article/25726/timeshare-tussle

We are no fans of exit companies, but the industry as a whole seems to show undue finger pointing at exit companies, rather than even consider there might be a problem in-house.   

Former Wyndham sales agent and whistleblower Trish Williams was awarded $20 million:

Wyndham’s sales goals for employees were impossible to meet if representatives adhered to the company’s policies and regulations governing timeshare sales, Robert Parker, a former sales executive, testified in depositions. When sales at the Canterbury lagged, he explained, something known as “TAFT days” came into play.

“TAFT is the acronym for ‘tell them any frigging thing,’” Mr. Parker testified. “In other words, it didn’t matter what you said. We need business. Today’s your day. Just tell them whatever you got to tell them. That’s what TAFT is.”

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

It may be a lofty goal, but we are hoping that by hearing the consumer’s side, a better relationship, and better corporate margins can be achieved, by addressing the problems rather than pretend the problems don’t exist. Inside Timeshare has listened to 659 mainly infuriated timeshare members.

Self-help groups we feel are not industry influenced:

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 David for sharing his story, if you find after reading these articles that you have similar experiences and would like to share them with other, then use our contact page. We will then be in touch and welcome your contributions. It is only through your stories and “Nightmares on Timeshare Street” that the industry might, just might take notice, then we may see changes for the better.

Following on from the many articles that Inside Timeshare publishes about bogus law firms, claims companies, resale and exit companies, if you have been contacted or even been taken in by them, again use our contact page to get in touch. Your information can then be published to warn others, it is only through you the readers that these scam merchants can be outed and others prevented from falling victim.

As always do your homework before engaging with any company that has contacted you or that you have found either on the net or through adverts in various publications. Just because you see an advert in a prestigious paper or magazine, does not mean they are legitimate. Remember, the advertising department is there to sell advertising space, they make no checks on whether the company is genuine.

Have a great weekend and join us again next week.

Friday’s Letter from America

Welcome to another Letter from America, the original article which was going to be published today has been replaced, this is due to the timeshare company reaching out to the members. As always, Inside Timeshare sends a draft copy to the timeshare company for comment, we do not always get a response, but on this occasion the company did respond. It may have been at the eleventh hour, but we congratulate the timeshare company concerned for their reaching out and we hope that they are able to resolve the matter.

As a last minute replacement we publish a revised version of The Peasant of Venice and the Queen of Versailles, by Irene Parker, originally published in November 2016.

This week has been a rather quiet one as far as the courts are concerned, there have been many cases going before the judges, but the sentences are unlikely to be announced until the New Year. Although we did get news of two sentences issued this week.

The first was from the Court of First Instance No4 in Maspalomas, Gran Canaria, the judge in this case declared the contract with Anfi null and void. The reason was the length of the contract which exceeded that allowed by Spanish Timeshare Law 42/98, which states that perpetuity contracts or contracts with no end date and exceed the 50 years maximum are illegal. The client in this case has been refunded over 61,000€ plus legal Interest.

At the High Court No4 in Tenerife, Silverpoint was on the receiving end. The contract was declared null and void as it did not include any tangible product. Again under Law 42/98, a timeshare must include specific information such as a set apartment or an exact time of year. The client in this case has been refunded over 10,000€ plus legal interest.

Once again these cases were brought on behalf of the clients by Canarian Legal Alliance, contrary to what some forums run by some very dubious characters will tell you, these are genuine cases and are a matter of public record.

     

Now for this week’s replacement article.

The Peasant of Venice and the Queen of Versailles Revisited

    Jackie Siegel, Queen of Versailles  

By Irene Parker

December 14, 2018

“The Peasant of Venice and Queen of Versailles” article was first published November 6, 2016. I wrote the article because I wanted to explain how I went from being a 30 plus year timeshare owner without a timeshare complaint, question or post, to a full time volunteer whistleblower.

In July of 2015 I experienced a pathetically aggressive timeshare sales presentation in Florida. We had previously purchased points in Virginia because the company said they were adding New York properties, only to learn it would take about $10,000 in equivalent maintenance fee dollars to stay at the same hotel, same week that could be booked online for $1,000 plus tax. When I checked December 1, 2018, it would have cost $12,000 using our timeshare points. I don’t blame the sales agent. He may not have known about the poor value. It was the response from the company to the Attorney General listing all the times we had used our points prior to that purchase that bothered me. Eventually I was offered our money back for that purchase, but could not bring myself to sign the non-disclosure agreement.       

Rosa Parks said, “I was just trying to get home from work.” In my case, we were trying to get to our new home, moving from Bowling Green, Kentucky to Venice, Florida. It was my intention to return to my first love – teaching piano lessons. That all changed after the revolting timeshare presentation we experienced in Florida.  Disgusted, I returned to our unit, turned on the television and witnessed the jaw dropping house pictured above, being built by Westgate timeshare owners Jackie and David Siegel. I could not resist.

It was a hot July summer day in Orlando when my retirement turned upside down.

We entered the hospitality area where we were invited to attend a 55 minute “information only” presentation for existing owners. “Will we be paired with a commissioned sales agent?” I asked three times. “No”, Julie replied, “Only if you have questions in the last ten minutes. I attended and I learned a lot! We have group presentations now because we had so many complaints about high pressure aggressive sales sessions.” We did not sign the form agreeing to the 55 minute meeting because the fine print said we would be robo-called if we did. We were robo-called anyway. There was no form to be signed for the three hours that followed the 55 minutes.

A Diamond Resorts member recently sent me this comment from a former Diamond concierge describing an unfair and deceptive practice:

Concierge (Former Employee) – Virginia Beach, VA 23451 – December 3, 2018

A typical day of work consisted of misleading current owners and their guests in order to persuade and entice them to attend a timeshare meeting that could last well over what was initially disclosed….The hardest part of this job was knowing I was intentionally misleading owners/guests of the length of time for their timeshare meeting, as well as not disclosing it as a timeshare meeting as instead it was mandatory we refer to it as simply an “update on their current status” or “ways you can stay here and affiliated businesses in the future”. The most enjoyable part of this job was the interaction with varying people and the connections I gained therein.

https://www.indeed.com/cmp/Diamond-Resorts-International/reviews

Our Nightmare on Timeshare Street begins:

The next day we entered the reception area to be greeted by an attractive young lady. “Hello,” Donna greeted us. “Are you a commissioned agent?” I asked.  Puzzled, she took us by the arm and escorted us to the 55 minute presentation, retrieved us immediately after, and led us to her den.

I told Donna, “My husband is 77 years old. We do not want to invest in vacation plans because we need to investigate long term care plans.” “Why, we have many in their 90’s who come and enjoy our resorts!” she cried. “But we are in the middle of building a house and have no permanent residence at this time,” I countered. Kneeling and looking up, she gazed into my eyes and confessed she was a single mother and had to resort to her Diamond points when she divorced. “I know you didn’t put all your money in that house though,” she added. I kept saying over and over, “We don’t want to travel. We like our new house.” Frustrated, the manager ended by advising me to go to the website if I want to find out what’s new. Three hours and three sales agents and managers later, we returned to our unit.

I checked my email and learned the 4,500 points we had been promised for our Port Elsewhere Ozark timeshare deposit was credited only 3,000 points. Sure enough, I learned later the 4,500 points promised could be changed at any time for any reason. It’s all in the fine print.

I then decided to take my mind off this disturbing revelation by watching television. I turned on the FOX news show Property Man show hosted by Las Vegas Attorney Bob Massi, and there she was – The Queen! The King and Queen of Westgate timeshare were building a 90,000 square foot home that defied the imagination. Jackie’s clothes closet is 5,500 square feet!

http://www.realtor.com/news/trends/queen-of-versailles-q-and-a/

Thinking about the pathetically aggressive timeshare sales presentation we were deceived into attending, and the worthless points specifically purchased to stay in New York City, I wrote to Mr. Massi at Property Man never dreaming I would earn a response. Copying the letter to Diamond customer service, they credited the correct amount promised for our Port Elsewhere week.

A few months later a FOX producer called. I was asked if I would be willing to be interviewed by Mr. Massi. The producer told me the Queen of Versailles show wasn’t even about timeshares. It was about their house, but FOX had been flooded with timeshare complaints. She said I was the only viewer they asked to interview because I was the only respondent who said I wanted to talk about the positives in addition to the negatives of timeshare. I told her I was sorry, but I had just accepted a position as interim music director for a large church and could not participate, but I offered to research timeshare to help them with their talking points.

I started digging. The deeper I dug, the more alarmed I became. Wyndham, Westgate, Bluegreen and Diamond seemed to have the most complaints, with Disney, Hilton and Marriott far fewer. I submitted my research to FOX and returned to the choir. Six months later, after arranging a flight to Phoenix to stay at  a Diamond resort in Sedona, I received a call from the FOX producer, asking if we would agree to be interviewed by Mr. Massi in Phoenix as they had interviews scheduled that weekend. Some things are meant to happen.

The FOX producer told me David Cortese of Magical Realty had also been interviewed by Mr. Massi about timeshare resales. David is a member of the Licensed Timeshare Resale Broker Association (LTRBA). After viewing David’s segment, I contacted him to see if he would sell our Diamond points. I was told their company would not accept a listing to sell Diamond points. I surveyed all 64 LTRBA members and 22 responded also saying they felt Diamond points were worthless on the secondary market. “We feel Diamond has placed too many restrictions on the use of secondary points to be of any value to a buyer,” they sadly explained.

One of the LTRBA members asked if I would speak with a Hispanic family. Since this first October 2016 complaint, the calls and emails have not stopped. I have heard from 646 timeshare members.

Timeshare members want straight answers but straight answers are in short supply at some timeshare customer service desks. Callers or emailers explain how a sales agent lied to them, but when they contacted the timeshare company they were told, “You signed a contract.” Some described how the rescission period was dodged. Some things, like over promised availability, can’t be determined by reading the contract. I feel I was deceived by reading the contract which stated, “You can sell your points but we will not assist you.” They left out the part about no buyers.

From the October 2016 article describing what happened to the Hispanic family:

Maintenance fees increased to the point where they could no longer afford to own their points. The family soon found that they had to charge maintenance fees to their credit card in order to pay them. The family had already taken out a $33,000 home equity loan from their credit union to reduce the high loan interest rate, typically 14% to 18%.

In August 2015, when they complained about maintenance fees, they said that a sales agent tried to convince them to purchase another 10,000 points in order to achieve Platinum level. He said that by being Platinum, it would allow the couple to pay their maintenance fees with their points, as only Platinum members are allowed to use their points to pay maintenance fees. Then and now Platinum members can pay maintenance fees at $.04 per point, so if all 50,000 points were tendered, it would pay $2,000 towards a 2018 $8,631 maintenance fee bill.

If the family had agreed to the additional 10,000 points, they would have gone further into debt with little recourse. Based on hundreds of reported responses, if they had purchased the points, they would have been told, “You signed a contract” or “We are not responsible for what our sales agents say.” They have a daughter who just graduated from high school and has started college.

I spoke to the family not long ago. They relinquished their $60,000 worth of points that they had accumulated. They are still paying off the home equity loan.

Contact a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has resale value.

Property Man was preempted due to the 2016 election coverage, so our segment aired April of 2017. The Florida DBPR timeshare division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014, so ignore Pam Bondi.  Bob Massi and his advice on timeshare resales:

https://www.facebook.com/RealBobMassi/videos/1041694629230338/

From FOX I stumbled onto Jim Cramer of Mad Money’s investment news service TheStreet, where remarkable editors, possessing the patience of Job, provided a crash course in editing.

https://www.thestreet.com/author/1684637/irene-parker/all.html

A member who submitted an article to Inside Timeshare introduced me to Whistleblowers of America https://whistleblowersofamerica.org/. Accepting an invitation to attend a Whistleblowers Summit in Washington DC this year, I was introduced to OpEd News:

https://www.opednews.com/articles/Witness-to-Las-Vegas-Octo-by-Irene-Parker-America-181030-359.html

And of course, there’s Charles Thomas at Inside Timeshare in Spain and Wayne Robinson in Malaysia and Wayne’s book.  I was honored to edit and write the Forward. Everything About Timeshare, Before. During and After the Sale

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

So all in all, I’m getting great value from my timeshare points measured in the people I’ve met, readers who read my articles, and the gratitude from members who are grateful for straight answers. We especially appreciate our Facebook administrators and our growing team of members helping other members. I do believe we are a disruptor and hope our efforts will benefit sales agents who sell the product honestly, as well as forestalling new buyers and existing members from making a decision that has financially devastated more than a few families. When sold honestly, timeshare provides years of fun for friends and family.

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene for getting this article out to us so quickly, it is difficult to replace an article at such short notice, but at least the timeshare company did respond and for that Inside Timeshare was happy to replace the original one.

That’s it for this week, join us again next week our last one before Christmas.

To all our readers have a great weekend and remember to do your homework before engaging with any company that contacts you or that you have found on the internet.

The Tuesday Slot

Welcome to The Tuesday Slot, today we publish “How to File a Complaint Form” with the Federal Trade Commision, by Irene Parker.

The Federal Trade Commission’s How to File a Complaint Form

ANSWER: BUY MORE POINTS! TO QUESTIONS:

The availability is not as promised?

Buy more points! “I can’t believe that sales agent sold you so few!!!”

How can I get help paying maintenance fees?

Buy more points!

How can I sell my timeshare points?

Buy more points!

I don’t have enough points for a family of five?

Buy more points! “I can’t believe that sales agent sold you so few!!!”

By Irene Parker

Election Day in America, Tuesday, November 6

The first family to contact me was a Hispanic family in 2016.

Families already struggling with maintenance fees are often advised to buy more points to achieve the next loyalty level that will allow them to pay maintenance fees or be able to sell points. Unfortunately, the programs as described do not exist. A similar program does exist, so when the complaint is made, the company representative responds with the actual program that has nothing to do with paying maintenance fees or tells the member, “We don’t assist in selling points.”

Sylvia contacted me the summer of 2016.  Here it is 2018 and not a week goes by without more complaints, just like Sylvia’s 2016 complaint:   

Sylvia and her husband were persuaded to give up a deeded week that did have a limited secondary market, in exchange for timeshare points with virtually no secondary market. During a series of five sales presentations over a five-year period, the family accumulated enough points to elevate them to the next loyalty level in 2013. But maintenance fees increased to the point where they could no longer afford to own their points. The family soon found that they had to charge maintenance fees to their credit card in order to pay them.

Sylvia had already taken out a $33,000 home equity loan from their credit union to reduce the high timeshare loan interest rate, typically 14% to 18%. Never transfer a timeshare loan balance to a third party lender.

At their last resort stay in August 2015, Sylvia said that a sales agent tried to convince them to purchase more points in order to achieve the highest loyalty level.  The sales agent explained that this would allow the couple to pay their maintenance fees with their points, as only the highest loyalty members are allowed to use their points to pay maintenance fees. However, even at the highest loyalty level, turning in all points would only contribute $2,000 towards an $8,000 maintenance fee.

Sylvia relinquished $60,000 worth of points. She is probably still paying off her home equity loan and has no vacation points. One child graduated high school that year and was starting college.

Fortunately, Sylvia did not fall for the falsehood that would have driven her deeper into debt. We have received 63 almost identical complaints from highest loyalty members. They are infuriated.

Today is November 6, Election Day in America. Lobbyists are hard at work, making sure pro-industry candidates get elected. Lawmakers have a, “They signed a contract” answer to families alleging unfair and deceptive timeshare sales practices. We have heard from 571 families, many financially devastated because they believed a timeshare sales agent. As always, our disclaimer is that we know there are honest timeshare sales agents harmed as well by the actions of dishonest sales agents.

Timeshare buyers who feel they experienced unfair and deceptive trade practices should file a complaint with the Federal Trade Commission if the timeshare company dismisses them with “You signed a contract.” Members should also file with the Attorney General of the state where they signed a contract. Most, if not all states have incorporated a portion of the FTC Section 5 Code that describes unfair and deceptive business practices.

Unfortunately, the FTC doesn’t make it easy to file a timeshare complaint. The timeshare tab is buried. It took me a year to find it after a timeshare member explained how he found it. It’s almost like they don’t want you to find it. This is the link to file an FTC complaint and my step-by-step instructions directing you to the timeshare tab. We probably need about 10,000 members to file before the FTC raises an eyebrow.

 https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc

Step 1 Go to the link above: Submit a Consumer Complaint

Step 2 Bottom of the form, click FTC Complaint Assistant

Step 3 Click “Other”

Step 4 Click “For more options”

Step 5 Click “Travel Vacation or Timeshare”

Step 6 Click Other

Step 7 Click Timeshare

It was announced at an industry conference that $50 million has been set aside to put timeshare exit companies out of business, as well as honest lawyers and lawyers with questionable business practices. Timeshare exit is a problem the industry created by not allowing a secondary market. They admit this in annual reports to shareholders, listing a viable secondary market as a risk to their shareholders. Meanwhile, we are inundated with timeshare buyers contacting us describing how they have experienced unfair and deceptive sales practices.  

A jury awarded former Wyndham sales agent and whistle blower Trish Williams $20 million. Ms. Williams said Wyndham had TAFT days on slow sales days. (Tell them any #$%* thing). A former timeshare sales agent told me TAFT is a real person.

As private equity takes over timeshare, seeking venture capital returns, I believe this is only going to get worse. Timeshare is not the next Microsoft, disrupting a typewriter industry, prompting explosive growth. Upselling existing members into insolvency in an effort to generate 30% or better returns for investors is not the answer. The complaints never stop.   

We want more honesty. It’s a lot to ask, but we will keep asking.

Our complaint form: http://insidetimeshare.com/the-tuesday-slot-11/

Contact Inside Timeshare if you have a timeshare concern or a story to share. These are self-help groups we feel are not industry influenced.

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene, as usual you have explained it all for our readers, if you have any questions, comments or need help with this or any other matter relating to timeshare, use our contact page and get in touch, please explain where you are located, (US or Europe), so we can pass you to the relevant team.

Breaking News:

La Provincia has just published an article with the following head lines:

El director de Anfi declara en un pleito entre los hermanos Santana Cazorla

La familia se enfrenta por un delito de administración desleal de fondos de la sociedad

Translation:

The director of Anfi declares in a lawsuit between the Santana Cazorla brothers

The family faces for a crime of unfair administration of funds of the society

Inside Timeshare will bring you more on this tomorrow.

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

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