So that is the end of the first month of this year and what a month it has been, if this one is anything to go by then we are going to be in for a busy year. So let’s have a quick look at some of the main events.

We start with two stories published this week, the first is a quick update on the website of Worldwide Timeshares Unlimited.

Yesterday RCI thanked Inside Timeshare for reporting the use of their logo, they confirmed that it is being used illegally and their legal department had been informed. Today when checking the website the RDO and Expectations Holidays logo’s had been removed, unfortunately the Canarian Legal Alliance logo and copied news section are still showing. CLA have been informed.

It has also come to our attention that Antoni “Toni” Muldoon also has another website:

http://www.scam-busters.co.uk/

Supposedly to help people being scammed by the likes of him, one does have ask the question, is he the reformed character he makes out to be or is this just another way of getting your money?

Regarding the Anfi letter to UK members and the use of the BBC program Rip Off Britain, we had the opportunity to see the program for ourselves, the “lawyer” named on the program was one Emilio Leyes Catillianos at the address Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife, is the very same one that Inside Timeshare first reported back in July and September 2016.

That address is actually for the Oficina del Servicio de Atención Ciudadana, similar to the Citizens Advice Bureau.

This particular “lawyer” was part of the Litigious Abogados setup, which is one of those Inside Timeshare provided evidence to CLA for their denuncia to the Guardia Civil in February 2017, (see link to CLA website to view a copy of the denuncia):

https://www.canarianlegalalliance.com/fraud-alert/

The sad thing is the program is too late to highlight this as the website has already gone and been replaced with many new names, the latest was published here on 8 January, Abogados Canarias, with the main “lawyer” named as one Manuel Cilavoz Varintos. I would say that their research team has a lot to learn or is the program just there for entertainment purposes?

Since the start of this year the US articles many written by Irene parker, has resulted in 38 complaints received by Inside Timeshare and dealt with by our US team (all volunteers). Since we began actually counting the number of complaints received at the end of 2016, the US team led by Irene has dealt with 291 complaints. Again what does the rest of the year hold in store?

Also at the beginning of the month we reported that Trading Standards had raided several offices of the Mark Rowe owned companies which include Sellmytimeshare.tv ABC Lawyers and his Monster Credits enterprise. We have now been informed that South West Police are contacting clients of his various companies, so it certainly looks like a major criminal investigation is taking place.

We are also still waiting to hear about the sentencing of Dominic and Stephanie O’Reilly of EZE Group, this was supposed to take place this month at Birmingham Crown Court.

Another article published this month was Spanish Timeshare Laws Simply Explained. This was in response to many enquiries from timeshare owners who had been contacted by various firms stating they had a claim, or their timeshare company was being taken to court and they could join in the case. The main point of the article was unless your timeshare was purchased in Spain you will not have any claim, it also pointed out that even if you did purchase in Spain your particular contract may be legal and therefore there is no claim.

Inside Timeshare also welcomed Lisa Ann Schreier with her first article. Lisa is a well known figure in the US, she is also the author of the book Timeshare for Dummies, we look forward to more contributions in the future.

These are just some of the stories published this month, we end with news just in from Canarian Legal Alliance.

It looks like they have had a tremendous start to the year as they announced that they have received favourable judgements in 14 cases against these resorts:

Anfi, Silverpoint, Puerto Calma, Palm Oasis and Diamond International.

These cases have been heard in various courts around Spain, ranging from First Instance, High Courts and Supreme Court. The latest being a Supreme Court ruling against Palm Oasis making the total figure for rulings from Spain’s highest court to 86!

The total amount awarded by the courts in these cases is staggering 267,224.25€ so there are some very happy ex-timeshare owners.

Inside Timeshare would like to thank all those who have contributed to all the articles this month and all the readers who have supplied some of the information which has helped in the research.

Again if you have any questions about any of the articles published or need any help in determining if the company you may be thinking of doing business with is legit, contact Inside Timeshare and we will point you in the right direction.

The post End of January Review appeared first on Inside Timeshare.

In this week’s Letter from America we welcome the first article from Ken Silva, with his Nightmare on Timeshare Street story. This is also made more complicated due to the involvement of Barclays, as this is considered as a separate agreement to the timeshare. But first we look at the news from Europe.

It has now been confirmed that the enterprises owned by Mark Rowe, are being investigated by South West Police, this follows the report at the beginning of January of the raids conducted by Trading Standards at several premises used by these companies. This followed after an investigation by the “Scambuster Team”.

The Police are contacting clients who either have lodged complaints with Trading Standards and the Police in the past, or from records seized in the raids. If you have had any dealings with any of his companies (a full list can be found at the link below), then contact:

South West Police ROCU. DC 4624 Katie Andrews. PO Box 37, Valley Rd, Portishead,Bristol. BS20 8QJ

http://insidetimeshare.com/monster-credits-associated-companies-summary/

Could this now be the end to the Mark Rowe Enterprises?

If we thought that things could not get any stranger in the world of timeshare, then you would be wrong.

Silverpoint based in Tenerife and headed by Mark Cushway, have not only closed their sales decks, but have now set up two companies to offer their own clients a relinquishment service!

One company has been identified as Centaurus Mediations SL, which was highlighted on 15 January. They are contacting clients with the story that the only way out of their timeshare and maintenance fees, is to pay them to relinquish the timeshare. James, one of the callers also tells them that Excel has taken over and that no one will get any compensation for any claims.

How do we make this link, very simple, the information that the caller has on the timeshare owner can only have come from one place, Silverpoint! The caller knew that they had employed ReclaimGC and CLA to institute a claim against Silverpoint, so we leave you to make up your own mind. A fuller story will be published in due course, once all the information has been processed.

For now on with today’s Letter from America.

A Warning to Anyone Thinking About Buying a Timeshare

Our Diamond Resorts International nightmare

By Ken Silva

February 2, 2018

Timeshare Consumers, take my advice and do due diligence before buying a timeshare.

Protect your family. Do not get your family into the mess we are in. Do your research. There’s a reason there are so many timeshare members on Facebook and websites seeking to dump their timeshares. I’m sure there are sales agents selling the product honestly, but you decide about our sales agent after reading what happened to us. All you have to do to prove we are telling the truth is to get on our booking site and try to find a vacation based on what we were sold.

Attorneys General, please, do not dismiss our experience. We are fighting to get our money back, as we still owe $10,000 on a Diamond Resorts Barclaycard credit card. We hope to escape the “ironclad” STAY VACATIONED contract.  

Here’s what happened

In May of 2016 my wife and I purchased a Diamond Resorts International (DRI) Sampler (trial) package for $2,995 in Las Vegas.

Using our Sampler points we booked a stay at Diamond’s Ka’anapali Resort. We purchased 2,500 Hawaii Collection Diamond points for $13,000. Our sales agent was Karen Cossettee. Ms. Cossette told us we would be able to book one to three weeks of vacation anywhere. Our son Jacob, age 3, has a serious medical condition so we need to vacation close to home as we have to be near medical facilities. We had to cut both our Hawaii and Las Vegas trip short because our son experienced a medical emergency back home.

After we returned home, we got on the booking site, but found no locations meeting our requirements. About the only bookings you can get with 2,500 points are for places like Branson Missouri or Gatlinburg, maybe a one bedroom in Orlando. It is impossible to stay one to three weeks in a one bedroom in California near a major medical facility.  

Jacob has cerebral palsy. He has been diagnosed failure to thrive and is on a feeding tube. He requires 24/7 care and he is a case study at Stanford University Medical School. We cannot fly because of his condition. We booked Tahoe recently, but cancelled that trip because even Tahoe is too far.  

Using our Sampler points requires a sales presentation, so we booked a trip to

Las Vegas November, 2017. We stayed at DRI’s Cancun resort. There the Diamond sales agent, Davia Hunsicker said, “Hawaii lied to you! You can’t go anywhere on 2,500 points.” We were told Hawaii Collection points are expected to be slammed with assessments and 10-14% increases in maintenance fees because Hawaii is so expensive and subject to weather damages. However, in Hawaii they told us maintenance fees increase only 6%. They went on to explain that Hawaii was going to have a $1,000 plus assessment for damage to shores.  Ms. Hunsicker told us U S Collection maintenance fees increase only 2% on average.   

The Vegas agents told us the only way out of this situation was to move our Hawaii points to the US Collection and to do that we had to buy 4,500 points for $18,000 to own 7,000 U S Collection.

Like in Hawaii, we were shown several places we could stay that met Jacob’s needs. Again, when allowed on our booking site (again after the rescission period), it was a different inventory. I called DRI and reached a Platinum agent who said, “I’m with the Platinum desk. I can pull strings.” She found a desirable option, Pacific Grove in California. This was one of the locations we were shown in Vegas, only in our inventory it would require 22,000 points.

Timeshare companies can dodge the rescission period by not allowing access to the booking site until after the rescission period. In our case, I tried to log on two days after signing but was told my account was in escrow. The rescind period is seven to ten days, but it takes nearly 30 days before you can access the booking site.

DRI sales agents are so good at having all the answers and they will promise you the moon. Ms. Hunsicker also said we could get an extra 8500 “ghost” points that would upgrade us to Silver by saying we owned an RCI week. She instructed us to just nod to the QA person when they ask about RCI and we would be able to get the extra points, but not to say she told us because, “You might get me fired if they find out, but that way you’ll get another 8500 points.” She advised us to purchase an RCI week at Sam’s Club for $500 – $600 and then trade it in to Diamond for 8,500 points. She said with Silver benefits we could have food stocked and luggage forwarded. This was a tremendous benefit because of Jacob’s needs. However, when I read about these benefits the luggage benefit costs additional funds and the food service was not available at the Silver level.  

We asked about what would happen if we could no longer use the points and were told DRI will work something out and were informed DRI has a website where you can sell points. DRI points are virtually worthless on the secondary market.

We would have rescinded our contract immediately if I had been able to see that we could not use our points as promised. Diamond salespeople will offer their cell and promise to be available and act like they genuinely care about you (like ours did concerning Jacob), but then disappear after a few days of friendly texts.

I work for a faith based non-profit. We teach anti-bullying and leadership skills. Our credit score is over 800. I am 33 years old and my wife is 31, caring for our son’s severe medical issues. To think that timeshare companies allow these practices and hides behind the fine print is astonishing.

I published a review on Trust Pilot.

Reply from Diamond Resorts International

Published Monday, January 15, 2018

We regret to hear of your experience as we are known in being forthright and delivering top notch service. Please email us at customerservicesm@diamondresorts.com for further assistance.

My response to Diamond’s response

Edit: Diamond Resorts reached out, as seen below, however, they have not responded to my email to them as of 1/25/18. Also, they are not known for their top notch service. In fact, look on Facebook for the various groups of people who are in positions like mine, or the many other reviews on Trust Pilot. It often takes DRI 45 or more days to get back to you and many are ignored. When you call customer service, they tell you there’s not much they can do to help.

If Diamond was forthright and delivering top notch service, they would refund victims their money. I’m glad I have a background in Social Justice and Social Media.

I hope our pain will save others.

Notes from Irene

Since Ken submitted this article a week ago, Inside Timeshare received five more complaints directed against this same sales center, one against the same agent Ken complained about.  Especially in California, there have been complaints from Monarch owners of deeded weeks, coerced into giving up their deed and buy points, only to find out they did not have access to the week they had used and enjoyed for years.

http://www.monarchowner.com/p/opt-out.html

https://monarch-grand-vacations.pissedconsumer.com/lawsuit-against-monarch-grand-and-diamond-resorts-20150428628300.html

All timeshare resorts have non-member inventory that always guarantee non-members can spend the money but members often cannot find availability. Diamond is not the only resort with complaints like this. New York Attorney General Eric Schneiderman settled with The Manhattan Club for $6.5 million. Clearly, there is a problem industry wide.

https://ag.ny.gov/press-release/ag-schneiderman-announces-65-million-settlement-midtown-manhattan-timeshare-scammed

Timeshare deception and “bait and switch” is not a practice limited to Diamond, but in the case of DRI, licensed resale brokers will not even accept a Diamond listing. It’s bad enough if you can sell a timeshare if you were lied to, (often a timeshare is worth only pennies on the dollar), but with Diamond it is worse because it has been widely reported Diamond has virtually no secondary market. Try calling some of the members of the Licensed Timeshare Resale Brokers Association and see what they have to say.

http://www.licensedtimeshareresalebrokers.org/

We really do hope timeshare developers will work with us to stop predatory timeshare sales.

Thank you Ken and Irene for today’s article, it is with these stories that everyone becomes aware of what is happening, including the developers. Let us hope that they take note and start to change how they operate.

Inside Timeshare has just been informed from one of our German readers that Marriott is sending out emails to clients with the following statement (part of email translated from German):

If you have any questions or require any information on this or any other article published, contact Inside Timeshare, we will be pleased to help and point you in the right direction.

So that is it for another week, Friday is upon us and the weekend beckons, have a good one.

The post Friday’s Letter from America appeared first on Inside Timeshare.

Centaurus Mediation SL is a new company based in Tenerife, it is engaged in cold calling timeshare owners, cold calling is not in itself illegal, but it is the nature of the calls and the owners being targeted.

The company was registered in Spain on 31 October 2017, with the website registered on 2 November 2017, yet according to them they have already achieved the following successes

• 327 Mediations
• 151 Relinquishments
• 97 Successful Claims
• 64 Agreed Terminations.

Not bad going for a company that is only 3 months old! (PDF Company records) below

CENTAURUS MEDIATIONS SL, SANTA CRUZ DE TENERIFE

The sole administrator is Caroline Hiberry (obviously just a front name) who has featured as the administrator to several other “dubious” companies

• Harlow Consultants SL
• Intelligent Software Solutions SL
• Our Choice SL
• Penguin Disposals SL
• Points Vacation SL
• Resorts Software Sl

As for the owners being targeted, they are all Resort Properties / Silverpoint owners, not really a problem until you realise that Centaurus Mediation has all the details of these owners including the facts they have either started legal action or have already done so against Silverpoint.

This leaves us with some very important questions, where has the data come from, who has supplied it, and what data protection laws have been compromised?

In our mind, there are only these explanations, either the data has been stolen from Silverpoint, by a member of staff, or Silverpoint have set up these companies and provided  their membership database.

The latter seems the more probable, especially when you find out the nature of the calls.

In the call, one name that has come up is the agent known as James, he explains that his company can get them out of their membership from Silverpoint, that Excel have now taken over and that no one will ever get any compensation. The only way out is to let Centaurus to do it for you. Obviously this is going to be for a fee.

In another call, the agent knew that the client had already won their case at the Supreme Court, that they would get nothing and the only way to cancel the contract was for Centaurus Mediation to do it for them, as the court have no authority to cancel the contract.

This is untrue, the courts have declared the contracts null and void, there is nothing to cancel, having confirmed with Canarian Legal Alliance that the enquiry received was a genuine client of theirs, they confirmed that the contract had been declared null and void. They were asked to explain what this means.

Very simply, null and void means that it never existed, that everything reverts to the state before the contract was signed, the timeshare reverts back to the company, all money paid by the consumer is then returned. The contract and agreement never existed.

So what do we make of all this, here we have a company contacting specific timeshare owners, using a database that could only have come from Silverpoint, a company that has sold packs of weeks as investments that never materialised. Now this company is demanding payment to get the owners out of their contract, using very dubious methods and tactics.

Sometime ago Inside Timeshare also reported that Mark Cushway and Silverpoint had been negotiating with Timeshare Claims Solutions now known as Claims Solutions Group in Aberfeldy Scotland, to supply their client list and TCS or CGS would carry out the relinquishments.

So now we have a report that Silverpoint have set up two companies in Tenerife , Centaurus in Los Cristianos and another in Playa de Las Americas, the name of which has yet to be revealed. We also know they have closed their sales decks, that two names have come up in conjunction with running the new office for Centaurus, Carl Jenkens and Ruben Miller.

We must admit, they have been very clever in keeping any documentary link separate and difficult to find, but anyone with any sense would see through the client database. After all if a company was illegally using your client data, would you not take legal action?

So we now ask the question what is the reasoning behind all this?

Over the years Resort Properties / Silverpoint have been raking in the profits from their “investment” program, many people have been taken in by it, many have lost everything, others are still paying the price. Since January 2017, the Supreme Court has ruled on about 30 cases against them, declaring all contracts null and void and returning in many cases double the amounts originally paid by consumers. The lower courts are also ruling on an almost daily basis.

Silverpoint have obviously decided the only way to avoid any further litigation and huge losses is to allow people to get out, but why not make some money out of them first! We have had them once, lets have them again!

If you have been contacted by Centaurus Mediations SL or any other company using the same technique, let us know the details and we will publish the information here.

Need any help or advice on checking a company that has contacted you or you may be thinking of doing business with, then contact Inside Timeshare and we will point you in the right direction.

The post Centaurus Mediation SL and the Silverpoint Link appeared first on Inside Timeshare.

Welcome to another Tuesday Slot with Irene, this week is part 2 of her Timeshare Tips, with some more legal comments from Mike Finn of Finn Law Group. But a few updates from the timeshare world in Europe.

Yesterday’s article focused on the new company Centaurus Mediation SL and the possible links with Silverpoint, well, not long after publishing, news arrived from Madrid and the Supreme Court. Yet two more rulings against Silverpoint.

In the 87th ruling by Spain’s Highest Court, the clients contract with Silverpoint was declared null and void, the court also awarded over £56,000 plus double the deposit amounting to over £69,000. The court also awarded all legal fees and legal interest.

Within minutes of this announcement, the Supreme Court released the 88th sentence, once again it was against Silverpoint.

In this case the contract was once again declared null and void with the client being awarded over £18,000 plus £2,000as double the deposit with legal interest.

As stated in yesterday’s article, a contract being declared null and void by the court means that it should never have existed, does not exist and all has to revert to the state it was in before the contract was signed. So if you do get a call from Centaurus Mediation, with the caller saying the only way to get out is for them to do it, remember it is just another ruse by Silverpoint to fleece you of even more money.

In Gran Canaria, Anfi was on the receiving end of two Court of First Instance sentences, both of these were heard in the court situated in maspalomas.

The first case in court number 2, Anfi was ordered to return over 16,000€ plus legal interest, with the contract declared null and void.

In the second case in court number 1, over £10,000 plus legal interest was returned to the client along with the contract being declared null and void.

With news like this coming out of the courts on an almost daily basis, how can these companies continue to deny any wrongdoing and that they are not losing in the courts?

It just goes to show the arrogance of timeshare companies who for too long have got away with malpractices on a grand scale.

Now on with this weeks article from Irene Parker.

Timeshare Tip #2

Don’t Pay Upfront Money to get you out of Your Timeshare

Define “Upfront Money”

By Irene Parker

February 6, 2018

A Williamsburg lawyer guilty of her role in a conspiracy to fraudulently transfer hundreds of timeshare units was sentenced today to 50 months in …

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

Florida statute does not allow anyone to receive upfront money to get you out of your timeshare.   

http://centralflorida.app.bbb.org/newsearch2.asp?ComID=073300175003582)

the State of Florida – the collection of advanced listing fees from Florida residents, regardless of the location of the property, and owners of Florida timeshares is prohibited. Section 721.20(6), Florida Statutes, prohibits the collection of any advance fee for the listing of any timeshare estate or timeshare license, and requires that any seller of a timeshare plan be a licensed real estate broker, broker associate or sales associate as defined in Section 475.01, Florida Statutes.”

So what are “Upfront Fees” and how are they getting around it?

Like timeshare rescission periods, upfront fees can be dodged. Exit companies accomplish this by charging a listing or ad fee, market analysis, a subscription fee, an advertising cost, you name it. Attorneys charge retainers, but not all attorneys are created equal, as mentioned in our opening statement.

I asked Mike Finn of the Finn Law Group about this as, like all lawyers, Finn Law Group charges a retainer. Given the difficulty, few lawyers will accept a timeshare case on contingency. Timeshare developers know this of course, and know the time and money it takes to litigate is cost and time prohibitive.

According to Mike,

There really isn’t a legitimate way around the no upfront fee issue in a legitimate licensed real estate broker scenario. The one exception is when a seller wants to have more advertising in place than is generally offered by a particular broker and the seller authorizes upfront funds to be specifically applied to a third party marketing provider.  This is rare and usually occurs in the commercial market.

The licensing statute (Florida) is F.S. 475.01 Definitions. The salient details include “(a) broker…for another…and for a compensation…sells…offers….negotiate the sale…purchase or rental…any real property or any interest in or concerning the same… holds out to the public…engaged in the business of…buying,selling…real property of others…or who directs or assists in the procuring of sellers, purchasers, … which does, or is calculated to… result in a sale”

In case you’re hung up on the real property aspect of the definition, “The term broker also includes any person or entity who undertakes to list or sell one or more timeshare periods…”

So, to my way of thinking this company (the one we asked about) is not a licensed broker and if the state actually cared about the enforcement of their laws, they would have shut this, and other similarly situated organizations down long ago.

One of my favorite sources of information is NOLO as you can actually chat with a real lawyer! They have useful information and you won’t be bothered by those pesky “Get You out of Your Timeshare!” ads.

https://www.nolo.com/legal-encyclopedia/florida-timeshare-foreclosure-right-cancel-laws.html

In a strong arm attempt to make sure we vacation, powerful lobbyists and the industry have worked hard to make it difficult to get out of a timeshare contract. The exception is if there is no loan, in which case the timeshare company will “take back” your points and resell as “recycled inventory” on a “case by case” basis. Most timeshare members contacting Inside Timeshare allege they were duped into high interest rate loans and higher interest rate credit cards, sometimes popping out on site like toast from a toaster. In our opinion, the industry refuses to admit they are causing the exit scams by allowing deceit on the front end of the sale and by not allowing a secondary market.

Deceit on the front of the timeshare sale does not discriminate, but often the elderly are victimized, as they tend to have more time and money. Timeshare members over 55 need to reach out to AARP.  

https://www.aarp.org/money/scams-fraud/fraud-watch-network/

The $70 billion a year flowing into Florida in tourist dollars may contribute to why this deceit has not been exposed. I have interviewed a dozen former sales agents, managers, and even a few executives, who call it “Pitching Heat” or “No Heat No Eat.” Nice people.

Social Media is here to stay. Timeshare members like never before can share experiences. They are no longer silenced and isolated. One of our advocates sent this published report to us, posted on TUG Timeshare Users Group. (Licensed Timeshare Resale Broker Association member Judi Kozlowski has provided commentary for our Inside Timeshare articles)

In the timeshare resale market today, it is pretty much a guarantee that you will encounter an upfront resale scammer if you are attempting to sell or rent your timeshare. Sadly these scams have become so popular, they are regularly listed in the top 10 scams by Attorney Generals offices and the BBB year after year!

Hopefully you have read the TUG Scams and Fairy Tales advice article, but if not and you are the victim of an upfront fee scam, your options are limited but they at least exist!

STEP 1: SEND A LETTER DEMANDING A REFUND

In many cases, the squeaky wheel always gets the grease, so if you are persistent in calling and emailing and sending actual letters, you stand a chance of getting a refund!

This sample letter was provided by Judi Kozlowski, a licensed timeshare resale broker who has been in the industry for many years and fights to shut down these scammers with her organization the . Licensed Timeshare Resale Brokers Association

We urge anyone who is the victim of an upfront fee scam to follow all the steps detailed below after sending this sample letter if you do not receive your refund or a reply in a timely fashion!

SAMPLE LETTER TO SEND TO A TIMESHARE UPFRONT FEE SCAMMER:

Dear (Insert Business Name Here),

We will be reporting you to the following people if you do not return our money. What you have done is fraud.

• The Attorneys General Office in (the State you live in), (the State the timeshare is in) and the( State the Scammer is in).
• We are also calling the police in (same as above, both locations).
• We are going to report you to our (VISA/MC/AMEX/Discover) and have them report your fraud to your merchant account.
• We are going to the following sites to report your scam:
• Timeshare Users Group Forums
• ARDA.org
• Better Business Bureau
• Ripoffreport.com
• Every social media page we can find with your name on it (facebook/twitter/linkedin)

We do not want any phone calls from you. All we want is our money returned. You have lied, misled and committed fraud. We demand a refund to our credit card immediately and will be disputing this charge with them immediately.

Note: While TUG certainly cannot guarantee the success or failure of the above letter, it certainly gives you an option in which to attempt to obtain a refund from the company that scammed you out of the upfront fee. The squeaky wheel gets the grease! Remember, these companies mislead and lied to you in the first place, if your initial request for a refund goes unanswered or is denied, this letter may be a last resort for you to get your hard earned money back!

This posted by jayjay on RedWeek

2009 – that’s how long this has been going on!

Someone that’s been taken by any upfront fee scam company in the state of Florida needs to copy and paste that statute and then report the scammers to the law ASAP ….. my mission is to put every upfront fee resale/rental timeshare company completely out of business …. this is certainly a good way to start.

Bottom line, never, ever pay a timeshare resale company an upfront fee in the hundreds/thousands of dollars to list your timeshare in a database that no one will ever see …. you’re throwing your money away AND you’ll never hear from them again.

https://www.redweek.com/forums/messages?thread_id=16239

Inside Timeshare received timeshare member complaint number 302 today, 44 since January 1.

If you have a timeshare concern, contact Inside Timeshare or one of these US member supported, non-industry influenced Facebooks and websites:

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

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

https://tug2.com/Home.aspx

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

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

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

Timeshare member Karen Krokosh reached out to Sell My Timeshare Now and here’s what happened to her:

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

Thank you Irene and also Mike Finn, thanks also to all who have contributed to this weeks article.

If you have any questions or require any information on this or any article published, please contact Inside Timeshare. We are here to provide the best and informative information possible.

The post The Tuesday Slot with Irene appeared first on Inside Timeshare.

This first piece of information from one of our readers, (although the same information has been received in the past), concerns the “FAKE” law firm in Tenerife Abogados Canarias, part of the ongoing fraud known as the Litigious Abogados family.

This particular reader had been contacted by this outfit with news that their timeshare company was being taken to court (as usual), that they could be part of this action. All they needed to do was pay a fee for the procurator to file their case with the rest.

Luckily this reader decided to search the internet about this “law firm”, lo and behold found the article published here on Inside Timeshare, they then contacted us for further information, which as usual we gave free of charge.

We even warned them that this “FAKE” law firm would say that Inside Timeshare are the scammers! Not bad considering none of our readers are ever charged for any information or help given.

Well they decided to accept the return call as arranged, Yes you guessed it, they told the reader exactly what we had warned. They even told them that they had taken Inside Timeshare to court SIX TIMES last year!

Well myself and my lawyers memories must be going, as we can’t remember going to court ONCE, let alone SIX times.

Just to let you know at Abogados Canarias, all information supplied by our readers has and will be passed to the authorities to augment the denuncia made in February 2017 against your original “FAKE” law firms!

Another piece of interesting information has been supplied by our readers, this time it is concerning Diamond Resorts, it would appear that they are upsetting many of their members. (Well nothing new there!)

It now transpires that any members family using as guests, below that of Platinum is going to have to pay to use the WiFi, Swimming pool and other facilities on the European sites!

Apparently, the cost for using the pool is around £6 per day per person, not going to be a cheap holiday then, considering the extortionate maintenance fees associated with Diamond. It makes you wonder why you pay the high cost of membership in the first place along with the ongoing annual fees, when this happens?

Also is this just another ploy to “Upgrade” members to Platinum?

According to the information provided, it has nothing to do with Apollo, as they are only an “Investment Company” and has nothing to do with the day to day running of Diamond!

Hang on they Own Diamond, surly anything that Diamond management do which upsets the members, bringing bad publicity to the public eye, will have a detrimental effect on the share prices and thus on the “Investment”?

Well, all we can say is, timeshare is not the great thing is used to be, it has become nothing more than a money making machine that does not care about you the member. After all they got your money to join, they now get your money each year and if they can find another way to get more of it, they will!

We now move on to Silverpoint with another update.

We published recently the article on Centaurus Mediation SL, contacting Silverpoint members offering a relinquishment service, it also seemed that they were using the members data supplied by Silverpoint. We also stated that there was another company which had also been set up but no name had yet come forth.

The latest information provided by yet another reader is that Excel have taken the marketing contract from Silverpoint due to their bad practices. (Something we have known for years).

Apparently this was told to our reader by a representative from another company called Aspirantco, which we believe is part owned by Excel.

Excel is the management company behind all the resorts.

Aspirantco SL was registered 23/08/2017 with the company address given as Avda San Francisco 6 – Centro Comercial Pasarela, 38640 – (Arona) – Santa Cruz De Tenerife. The registered administrator is named as Carl Alan Jenkins, who is believed to have worked with Mark Cushway and Silverpoint for around 10 years. With the sales office apparently located at Port Royale another resort run by Excel and across the road from the Beverly Hills Club.

(Below is the PDF link to company details)

ASPIRANTCO SL, SANTA CRUZ DE TENERIFE

Could this be the one?

From other information supplied Mr Jenkins is also Project Director for a Tenerife Real Estate Company called Homes Under the Sun, which does not appear to have any known ties with the timeshare industry.

Further information has been uncovered on 12 companies in the UK where Mark Cushway is the registered director. 10 of the companies were registered on 24 June 2016 and 2 registered on 29 July 2016. All have the same registered address for the director as 1 Bedford Row, London, England, WC1R 4BZ.

All the companies have the same name apart from a number attached such as TLCC-20 LIMITED (10250781) and TLCC-52 LIMITED (10250807).  The occupation given for Mark Cushway on the entries is Leisure and Real Estate, with his country of residence as Spain.

All companies are listed as 55209 – Other holiday and other collective accommodation, it is also interesting to note that the registered offices are given as Twin Lakes Country Club, Near Arnside And Silverdale Aonb, Tewitfield, Lancashire, LA6 1JH.

Link to Directors from Company House

https://beta.companieshouse.gov.uk/officers/3h5jf615-FnVKDHNzhQzpquyuSY/appointments

As the old saying goes, “What a tangled web we weave”!!!

We leave you the reader to decide where this may just be going, we obviously have our suspicions. We also thank all readers who have contributed information.

If you are contacted by any of these companies Inside Timeshare would like to hear from you, or if you need any information, help or advice on any company that you may be thinking of doing business with get in touch and we will point you in the right direction.

The post A Tangled Web! appeared first on Inside Timeshare.

In today’s Letter from America, Scotty Black another service veteran tells his own story of his “Nightmare on Timeshare Street”. These stories are becoming all too common at Inside Timeshare, with readers contacting us on a daily basis. But first we have a look at what is happening in Europe.

As we have reported on many occasions, Anfi deny that they are losing cases and that no one is getting paid out, well we would like to share with you a press release from Canarian Legal Alliance.

One of their clients won their case at the High Court in las Palmas, Anfi appealed to the Supreme Court, the judges in Spain’s Highest Court confirmed the sentence and ordered Anfi to pay back double the amount of the deposit paid during the cooling off period, which is prohibited by law.

This particular client has now received into their own bank account the sum of 37,979€, this leaves us in no doubt that regardless of what Anfi claim, they are losing and clients are being paid.

CLA also issued the following figures on cases for this past week.

1. In the Courts of First Instance in Gran Canaria and Tenerife there have been 5 rulings in favour of their clients against Anfi and Silverpoint.
2. In Tenerife, the High Court ruled once again against Silverpoint.
3. There were also 3 Rulings in favour of their clients at the Supreme Court in Madrid, these were again against Silverpoint.
4. In total, CLA clients have been awarded a massive 402,552.19€ Not bad for just one week.

Staying with Anfi, several of our readers have enquired about another letter sent by the Anfi CEO, in this he stated that any contract signed between January 1999 and January 2001 had a 2 year window for adaptation. The law referred to is 42/98, this was passed in 1998, it became effective on 5 January 1999, so the question is why would  resorts and developers be given a 2 year period to change?

Surly the period between the law being passed and coming into force is the window to change?

What would be the point of setting a date for the enforcement and then allowing things to continue as before?

These are questions that need to be answered, Inside Timeshare has asked for clarification on this and is waiting for an answer. We will publish in full when it is received.

More readers have informed Inside Timeshare that they have received a letter from the Police regarding the following Mark Rowe companies:

• Monster Travel (known as Monster Group/Monster Rewards)
• SellMyTimeshare
• Complete Internet Solutions
• Hollywood Marketing

These are being investigated as we reported previously by the South West Police, it looks like a major criminal investigation, if you have had any dealings with any of these companies you can contact the Police at the address below.

South West Police ROCU. DC 4624 Katie Andrews. PO Box 37, Valley Rd, Portishead,Bristol. BS20 8QJ

Now on with our Friday’s Letter from America.

A Letter to Timeshare Developers and ARDA

Law Enforcement, Military and Lawmakers

Our Mission to Stop Timeshare Crime – Front and Back

February 9, 2018

By Scotty Black, M.S. Criminal Justice, former Navy

Promissory Note $65,741.14 @ 14.4309%

How I got here

• Purchased 5000 timeshare points October 2014 Scottsdale AZ CA Collection
• Purchase price $13,000
• October 13, 2016 in Hawaii we bought 15,000 additional points
• Name of sales agent Brian Holmes
• Purchase price is $75,710
• $4500 on a resort issued Barclaycard used for the down payment
• Monthly payment $1,037.84
• Maintenance fees $4,006.22

I am one of 22 active duty, retired military, law enforcement agents, feeling victimized by timeshare. For my family, I would describe timeshare as a parasite killing its host. Like Amanda and George Jones, I’m worried about losing my security clearance. Like, Lela Renea, I work in law enforcement. Like Kevin Hopkins, I am military trained in Electronic Warfare. I never imagined we would need that training to fight in a Timeshares War. Kevin is retired Air Force. I served in the Navy. My primary job was Electronic Warfare, but partly due to my attitude, I was sent often to security, so I ended up assigned to the Special Security Force, Battleship Missouri. The fact that this is the second complaint in a matter of weeks from an electronic warfare veteran and that there are 22 of us working, or having served to protect our country, filing timeshare complaints, is telling.

Kevin was featured in this article on January 30 unidentified, but as Kevin has since received his automatic knee-jerk, “Sorry, you signed a contract” denial, Kevin has been identified and has joined the ranks of Inside Timeshare Contributors.

http://insidetimeshare.com/tuesday-slot-irene-8/

Kevin’s sales agent managed to work in every oral misrepresentation possible into one presentation. He’s working on an upcoming article about his experience.  

Timeshare companies have negatively affected national security with their fraudulent sales practices. Active duty Navy Technicians George and Amanda Jones could be forced into foreclosure. They say they were assured by two sales agents in two separate states they could lower their 18% loan interest rate by contacting finance companies offering a lower rate or a military rate. “Just Google it,” their sales agent said. Banks do not finance timeshares. Consumer credit issues can cause a revocation of security clearance. Jeff is in the process of writing to the Commandant of the Marines.

Jeff Diehl, former Marine, purchased a timeshare at Vacation Village

http://insidetimeshare.com/fridays-letter-america-30/

Lela Renea, a detective, who purchased a Bluegreen timeshare

http://insidetimeshare.com/fridays-letter-america-11/

Amanda and George Jones, active duty Navy, purchased a Diamond timeshare

http://insidetimeshare.com/tuesday-slot-irene-3/

We have summarized our reports from our 22 unit members and have reached out to Whistleblowers of America, an organization that seeks justice for military and government employees. If you are not drowning in timeshare loan payments, credit card payments and maintenance fees, consider a donation.

https://whistleblowersofamerica.org/

Here’s what happened

In Hawaii, October 2016, we asked our timeshare sales agent Brian Holmes what would happen in the event we could no longer make payments. As we were told in Arizona, we were told again points could be rented and that we would be able to sell the points, likely at a profit, especially since we purchased them at such a low price – a price so low because “a sales staff member forgot to file the declination of purchasing more shares in a previous presentation…!”

We were told Hawaii points are a good investment. This sticks in my mind because my wife had to write a statement to that effect, so the purchase at such a low rate could go through. As for the potential of profit, we were told there is a land-usage moratorium on how many places and percent of the land can be built on in Hawaii so this would also make the points appreciate, even with a speculation of over $10 per point. We were told we would need to sell points through the secondary market but that would be easy.

We have since learned our vacation points have no secondary market and that renting points through a third part website is not allowed. I contacted members of the Licensed Timeshare Resale Broker Association. Not one I spoke with would even accept a listing for our Diamond points feeling the restrictions placed on the use of secondary points renders the points worthless. Since LTRB members, unlike some scam timeshare exit companies, do not accept an upfront fee, it’s a waste of their time to accept a listing.  

In Scottsdale, at an “owners update” early September 2017, long after the issuance of the Arizona Attorney General’s Assurance of Discontinuance, we experienced yet another highly aggressive sales presentation. The length of the presentation was a violation of the AOD. We complained repeatedly that we wanted to leave. We were told it was not a sales presentation and they would not try to sell us points, but after the 55 minute presentation we were paired with a sales agent for at least two hours.  My wife had broken her foot on resort property the prior day and was in pain. She had to keep her boot elevated. They still did everything they could to keep us from leaving. I still was experiencing symptoms from a car wreck that had required a hospitalization. We were both on painkillers.  

Ultimately, I contacted Irene Parker and our Timeshare Advocacy Facebook group.

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

Irene suggested I contact Diamond’s Consumer Advocacy Department, which I feel has nothing to do with consumers. The “hospitality” agents are fine print detectives, in my opinion.

Irene explained about Diamond’s new Quality Assurance program, CLARITY, launched after the AOD was issued. CLARITY is reported to be about accountability, transparency and respect for the customer, but as Irene predicted, our Hospitality agent referred us to the oral representation clause. I ask what purpose CLARITY serves, other than a piece of paper to hand out to provide a false sense of security, making it seem like the company cares about false promises made by sales agents.

Researching timeshare in general, I have come to believe many timeshare sales agents employ tactics that meet the FBI’s definition of white-collar crime, Financial Institution Fraud, defined as “deceit, concealment, violation of trust and bait and switch.” Timeshare buyers who feel they were victimized should file complaints with the following agencies:

1. The Better Business Bureau
2. The Attorneys General (The AGs where you signed, where the firm is headquartered, and where you live)
3. State Real Estate Divisions against the individual agent
4. The Consumer Financial Protection Bureau
5. The FBI (if as serious as mine at IC3.gov and orally through a field office public access line #4 prompt, then #3 white-collar crime prompt)
6. The FTC if you have any energy left

Other agencies that investigate multinational and cross-border financial institutions

We know criminal actions on the part of timeshare sales agents extend beyond any one resort, except for Disney Vacation Club. Somehow they manage to show a profit without resorting to deceit.

Hopefully, timeshare executives and lobbyists will read this. We know one lawmaker has.

http://insidetimeshare.com/lesson-timeshare-companies/

If you need help, call us.

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

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

https://tug2.com/Home.aspx

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

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

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

Thank you Scotty for sharing your “Nightmare on Timeshare Street”, we find it appalling that veterans are being treated like this, facing foreclosure and ultimately losing the valued and hard earned security clearance after years of loyal service. All we can say is shame on the the sales agents and even more so on the developers for allowing their sales agents to behave in this despicable manor.

News has just come in from Madrid, the Supreme Court has issued another sentence this morning against Silverpoint, this is now 89 rulings made against various timeshare companies by Spain’s Highest Court.

The latest ruling has awarded British clients of CLA a massive £36,000 including £8,000 which is double the deposit paid within the mandatory 14 day cooling off period, plus legal interest. The contract has also been declared null and void, so congratulations the these happy ex-timeshare owners and great well done to the staff and legal team at CLA.

Today we have received another email from yet another victim of Ramirez and Ramirez, it seems he is upto his old tricks again. The last we heard from him was in April 2016, (see link below).

The pitch is the same, the consumer is contacted and told that their claim has gone through, there is a substantial amount, in this case over £31,000 waiting for them at the court. All they had to do was pay £1,498 to Ramirez to get the payment underway, then they were told they had to pay £2,560 Tax  to the Agencia Tributaria (Spanish Tax Office) and the money will be released.

Please be aware this is one experienced conman, there is no money waiting for you at court, there is no tax to pay to release this ficticious money. Unless you have instructed a lawyer to act on your behalf through the courts then there is no claim.

The Resurrected!

That’s it for this week, a very big thank you to all who sent in valuable information which will always help others and to those who have contributed to the articles from our Cousins across “The Great Lake”.

Remember, if you have any questions about any article published or just need advice on whether to do business with any company, contact Inside Timeshare and we will point you in the right direction.

Have a good weekend.

The post Friday’s Letter from America appeared first on Inside Timeshare.

Welcome to the Tuesday Slot with Irene Parker, as this is breaking news and an important story,  we go straight into her article and will catch up with Europe in Wednesdays publication.

Class Action Lawsuit Filed Against Diamond Resorts

This action alleges Defendant’s sold unregistered securities in violation of the Securities Act of 1933 that requires that any securities sold in the United States be registered with the United States Securities and Exchange Commission

Factual Allegations of False Representations

(i) DRI points appreciate in value

(ii) DRI points can be readily sold

(iii) DRI points are a hedge against inflation

(iv) DRI points constitute an appreciating asset that DRI members can pass along to heirs.

By Irene Parker

February 13, 2018

A class action lawsuit has been filed against Diamond Resorts. It’s not easy to make your way through a 43 page complaint, so after I digested it, I cut and pasted the complaint so I can understand it.

Inside Timeshare has received 292 Diamond Resorts complaints, 48 since the first of the year. Diamond has implemented a Diamond Resorts Consumer Advocacy Department to address member concerns, and has implemented a CLARITY™ program designed to promote “transparency, accountability, and respect for the customer.” Attorney General Mark Brnovich issued Diamond an Assurance of Discontinuance in 2017 after his office received hundreds of complaints from Diamond members accusing the company of violating the Arizona Consumer Fraud Act. The company did not admit wrongdoing.

To follow the progress of the case, Diamond members or industry observers are encouraged to join our member sponsored Diamond Resorts Owners Advocacy Facebook established February 17, 2017.

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

Case 2:18-cv-00247 filed February 9, 2018 in United States District Court, District of Nevada

Wolf Haldenstein Adler Freeman & Herz LLP

Albright, Stoddard Warnick & Albright

Plaintiffs:  Joseph M Dropp, Mary E Dropp, Robert Levine, Susan Levine, and Kaarina Pakka, Individually and on Behalf of All others similarly situated

v.

Diamond Resorts International, Inc.;

Diamond Resorts Holdings, LLC;

Diamond Resorts Corporation;

Diamond Resorts International Club, Inc., a/k/a “THE Club” Operating Company

Diamond Resorts U.S. Collection Development, LLC;

Diamond Resorts U.S. Collection Members Association

Diamond Resorts Hawaii Collection Development, LLC

Diamond Resorts Hawaii Collection Members Association

Apollo Management VIII, L.P.,

Apollo Global Management, LLC

Michael Flaskey

Kenneth Siegel

Excerpts from the complaint:

The lawsuit alleges almost none of the Class members are aware that they have purchased an unregistered security under the Security Act of 1933.

1. The arbitration clause does not apply

The entire Agreement – including the arbitration clause – is void and unenforceable under federal securities law. 10

Class Action Allegations

Common questions of law and fact include, without limitation, the following:

1. Whether the points in a U.S. Collection Members Association, the Hawaii Collection and/or THE Club constitute securities under the Securities Act;
2. Whether DRI violated the registration provision of the Securities Act;
3. Whether a common practice of DRI employees and/or agents to potential investors was to make representations that “points” are investments that will appreciate in value due to the efforts of DRI as set forth herein; and
4. The nature of relief that may be granted to Plaintiffs and the Class under the Securities Act.

Similarly situated persons:

All persons who purchased “points in THE Club and membership in a Diamond Resorts U.S. Collection Members Association or in the Diamond Resorts Hawaii Collection Members Association on or after three years prior to date filing of this complaint. Excluded from the Class are Defendants and any of their affiliate’s current and former employees, officers and directors.

72. A “Pricing History and Location Growth for DRI” shows how the DRI points have increased and will increase in value over time.  A recent version states that between January 26, 2013 and January 1, 2017, DRI points in the U.S. Collection:  “15% Price per point increase in less than three years” with an “average” increase of 25%. Finally, the document states that points purchased “today” at $8.61 per point will be “worth” $10.76 per point in one year, and $13.45 in two years.

9. The Securities Act, passed in response to the stock market crash of 1929, was caused in part by issuers selling stock or other investments based on false representations, without disclosure of material information, and/or without and continuing reporting obligations.

10. Defendants are selling purchasers investment contracts, and hence securities, even if they are not explicitly described as such and even though the written contracts contradict in part the promises of the sales pitch.

Lead Plaintiffs

The Dropp Plaintiffs, New York residents, were initially owners of an unrelated timeshare purchased in Virginia Beach, Virginia and Kill Devil, North Carolina, through Gold Key Resort, subsequently acquired by Diamond Resorts on or about August 4, 2016. At an “update meeting” the Dropps were told that failure to purchase DRI points would render the Dropp’s existing timeshare membership useless or worthless.  The Dropp’s purchased points:  

8,500 U.S. Collection points purchased for $25,710 in Virginia August 6, 2016

A few hours after this purchase, they received a phone call from DRI insisting they were required to schedule an “orientation” with DRI that would take place in Las Vegas.

50,000 additional U.S. Collection points purchased for $140,000 in Las Vegas November 9, 2016

According to the complaint, a DRI salesperson took Plaintiffs to a private office, and made, inter alia (among other things), the following representations if they purchased DRI points:

• He described DRI points as an investment.
• He stated the Dropps would own an interest in real property.
• He said that these additional points in DRI, plus the 8,500 points already owned, would be worth approximately $700,000 of “equity.”
• He said that the value of the points would increase over time due to the improvements and updates that DRI continuously made to their properties.
• He indicated that the points (and the “properties”) should be added to the the Dropp’s wills and could be bequeathed to their children and grandchildren.
• He stated that the points could be sold for a profit in the future.
• He informed the Dropps that they could use their DRI credit card for purchases and earn (wholly separate) points, which could be applied to their maintenance fees. Contrary to the DRI salesperson’s representations, in no way do purchases made on the DRI credit card offset or absolve the Dropp’s obligation to pay their annual maintenance fees.  

The Levine Plaintiffs, California residents

The Levines had acquired 35,000 US Collection points by 2016.

Purchased 35,000 Hawaii Collection points for $84,650 in Kona, Hawaii October 25, 2016

A DRI sales agent represented to the Levine Plaintiffs that:

• They should convert all of Susan Levine’s points in the U.S. Collection to the Hawaii Collection because points in the Hawaii Collection would appreciate faster than points in the U.S. Collection due to the fact that there is limited real estate in Hawaii, causing real estate values to continue to rise.
• Their points could be passed down to heirs and heirs could sell points at a profit.
• They would have to purchase more points to convert their U.S. Collection points to Hawaii Collection points.
• If they purchased points in the Hawaii Collection immediately, they would purchase at a “low price” because the price per point was steadily increasing.

Purchased 25,000 U.S. Collection points for $71,250 in Miami May 11, 2017

A DRI sales agent represented to them:

• Points in the U.S. Collection are actually more valuable than points in the Hawaii Collection because the U.S. Collection requires the payment of lower maintenance fees.
• Points purchased in the U.S. Collection are steadily increasing in value and could be sold at a profit in the future.
• However, in order to convert their points in the Hawaii Collection to points in the U.S. Collection, they would need to purchase additional points in the U.S. Collection.

Purchased 50,000 U.S. Collection points for $144,000 in Las Vegas at Polo Towers July 11, 2017

A DRI sales agent represented to them:

• DRI was implementing a new “Legacy Program” designed to operate as an estate planning device beginning January 2018. Through the Legacy Program, DRI itself would sell up to 20,000 of the Levine’s points at a price of $8.79 per point, generating a total sale price of $176,000, minus an estimated escrow fee. The profit would be passed along to the Levines, and they would not have to do anything other than contact DRI to commence the selling of points. However, in order to participate in the Legacy Program, the Levines would have to purchase 50,000 additional appoints in the U.S. Collection.
• If the Levines or their heirs wished to sell all of their points in the future, DRI would “handle” the sale and sell the points at a price of $8.79 per point for a total amount of $1,230,000 minus closing costs.
• Additionally, if the Levines purchased 50,000 additional points in the U.S. Collections that day, they could covert up to 80,000 of the DRI points to a credit on this Diamond credit card and could use that credit to pay their annual maintenance fees.
• Again, the Levines were told that prices per point in the U.S. Collection were constantly increasing and they had to purchase points that day in order to reap the benefits of this investment.

When the Levines attempted to sell points, they were informed that no such program existed, and that DRI would not make any attempts to sell points.  In addition, no program existed by which the Levines could convert some of their points to a credit card and sue that credit to pay their maintenance fees.

The Pakka Plaintiff, original Sunterra owners, converted to 30,000 U.S. Collection points.  

Purchased 50,000 Hawaii points for $175,356 in Maui on November 16, 2016

A DRI salesperson represented to Plaintiff Pakka that:

• DRI points were an “investment” that would increase in value over time. Plaintiff Pakka was provided with a “Pricing History and Location Growth for Diamond Resorts International” document which projects how much value the points will gain over time.
• The value of her points “can only go up.”
• She would have “no problem” selling her points.

2. Diamond is in the business of selling “points”, which are marketed to prospective purchasers as an investment which will appreciate in value and can be easily resold. Diamond sells points to new point purchasers, as well as existing owners, in person, at sales centers in several Diamond resorts throughout the United States.
3. Prior to the 60 to 90 minutes sales presentation, no contract or other official DRI document describing the terms of the point investment is provided to the prospective purchasers until the time of closing.
4. Vacation counselors’ sales presentation exceed 90 minutes and often last five to six hours in length or longer. Moreover, DRI tells prospective purchasers that they will forfeit their benefits if they leave the sales presentation before the respective sales people agree that the presentation is over. Prospective purchaser are not permitted to take any contract, information sheets, Purchase and Security Agreements, Credit Sales Contracts, notes, or other written materials with them off premises prior to closing, nor are prospective purchasers given time to consult with their own advisors, attorney, or any other person during the sales presentation.
5. DRI pitches its points as an investment that will appreciate in value due to continuing improvements made by Diamond in the quality and number of its resort and hotel properties, the general appreciation of real estate in the future and the managerial skill that DRI provides in operating the properties. The unwitting targets are told that by purchasing points “now” the purchasers will receive a discounted purchase price that is only available on the day of the sales presentation; they are investing in their future; their points will increase in value; they can use points to pay annual maintenance fees, they can bequeath the points to their heirs as an inheritance and they can sell their points – at a profit – at any time. Thus, these points are actually investment contracts and therefore securities, under the United States securities laws.
6. Once the purchasers agrees to purchase points, they are individually shepherded to a sales center “quality control” person, whose job it is to obtain the purchaser’s signature on a lengthy, densely worded sales contract (the PSA) and to instruct the purchaser to initial numerous items on a lengthy information sheet. (Often the initials are generated electronically by the sales people for the purchasers’ “convenience”).  The closing documents contradict parts of what the prospective purchasers are told and/or shown during the sales presentations.
7. Points can cost hundreds of thousands of dollars, and the purchases are often financed by DRI at credit card interest rates. Maintenance fees have risen at a rate far higher and faster than ordinary inflation despite the economies of scale that DRI has in place to manage its properties.  Existing point purchasers are often induced to purchase additional points in order to reach “preferred” thresholds. DRI tells these point purchaser or members that if they buy more points, the DRI member will no longer be required to pay “maintenance” fees. By way of example, DRI investors are told that by becoming platinum members (50,000 point owners) the investors may redeem their points at the rate of 30 cents each to pay for maintenance fees. Since maintenance fees are currently approximately 18 cents each, the DRI investor is told that he or she can actually profit “off the spread” by purchasing more points. However, when DRI investors try to redeem points, they discover that there is no such program in place.
8. Sales pitches regarding the investment value of the points are false. DRI points do not increase in value, there is no viable secondary market for them, and DRI severely restricts the resale of points. Moreover, DRI contracts or PSA last in perpetuity.

The amount in controversy exceeds the sum or value of $5,000,000, excluding interest and costs.

Business Model

VOI Vacation Ownership Interest Points

DRI does not refer to itself as a timeshare company

Nevada law protects timeshare owners of traditional timeshare that were fixed weeks, by prohibiting timeshare companies from selling more than 365 use-days in any particular property in any particular year.

43. Investor-members purchasing points in Nevada are provided a form stating that the DRI salesperson is licensed real estate agent who has a fiduciary duty to disclose all facts material to the transaction, DRI points are in no way tied to the value of any real estate.
44. The Convoluted Relationship between DRI, the Club, and the U.S. and Hawaii Collections
45. The investor-member has no direct ownership interest in any real property. The real property is owned by or held by the trust, for the benefit of a Home Owners Association, in which the investor is a member solely by virtue of his or her ownership of points.
46. DRI controls the votes electing the boards of directors for each Association. The board of every Association has hired DRI to provide management services for the Association – services for which DRI receives substantial fees.

III Points have no Intrinsic Value

IV The Onerous, Ongoing Cost of DRI Points and its Relationship to DRI’s Business Model

60. DRI collects a property “management fee” of 10-15% per year of the costs of operating any resort in a Diamond Collection.
61. Between January 1, 2011 and December 31, 2015, DRI financed 74.5% of all its Membership sales. According to the restated financial statements, in the DRI 10k, DRI sold $624,283,000 of vacation interests in 2015.
62. DRI relies upon a $100 million loan sale facility with Quorum Federal Credit Union.  “In the past, we have sold or securitized a substantial portion of the consumer loans we originated from our consumers.”4
63. Unlike an interest rate for a home mortgage, affordability measures like debt to income ratios do not apply.
64. In 2015 DRI sent IRS Form 1098 to investors setting forth the amount of mortgage interest (which is generally deductible) paid in a particular year.

IV The High-Pressure Sales Process

67. 61 sales centers around the world, with a full in-house sales and marketing team at 49 locations, including Polo Towers.
68. “Mini Vacation” packages lure prospective investors. If the target fails to attend the sales presentation, or leaves before the presentation has completed, the individual is told that he or she is responsible for paying the cost of the entire package.
69. Points are being sold to them at a discount, so that they will have “equity” because they own interests that are worth more than the purchase price.

B DRI Salespeople State that there is a market for points, and DRI will help investor-members find buyers for their points.  

78. DRI salespeople represent that they will help an investor-member sell their points which contradicts THE Club “Legal Documents” which state that “THE Club Operating Company has no obligation to assist a Member with the resale, lease or rental of his or her Qualifying Interest.”
79. Timeshare Exit companies advise investor-members to simply stop making payments on their maintenance fees and/or loan. DRI then terminates the membership, recaptures the points (as recycled inventory) and then resells to new purchasers. The net result is that the purchasers lose their entire investment.

V Terms of the DRI Purchase and Security Agreements

A. The Member-Investor’s Right to Rescind the Agreement is Illusory

Click on the PDF file below to see the full document:

Complaint (JT Demanded) 2 9 18 A Filed #1

This is certainly a major story and Irene will be keeping us posted on any further news and developments.

The post The Tuesday Slot with Irene: Lawsuit Filed Against Diamond Resorts appeared first on Inside Timeshare.

Today’s article is a warning to readers about a new “Law Firm” contacting UK owners of Palm Oasis in Gran Canaria. One of our readers contacted us after being contacted and receiving a letter from Martin Zabala Abogados Asesoria, based in Madrid.

The address given is Calle Velazquez 15 -1, Escalera Derecha, 2008, Madrid, telephone number 0034 911 01 34 24, also using the same number for the Fax. They give two email addresses on the letter: info@mzabogados.com & mzabogados@email.com

We have found an entry for this company in company records, registered on 20 July 2016, with the CIF number B87615928.

One problem we have found is in the email addresses, the info@mzabogados.com actually belongs to a genuine law firm based in Barcelona called Martinez-Zurita Abogados Asociados.

The address on company records is: VIA AUGUSTA, Nº 246, 5 08021,Barcelona, with the CIF: E64299092, they have a website:

http://mzabogados.com

The law firm was founded in 2000 and shows all the lawyers and partners on the Team section, having checked on the Centro General de Letrados, which is the official register of all lawyers in Spain, all the names are members of the Barcelona Bar Association, so this is a genuine law firm. They have also been informed of the use of their email address.

So what makes this outfit in Madrid so suspicious?

Firstly the letter is signed by Jasmine Phillips, Lawyer at Martin Zabala Abogados, but no trace of her can be found in the official lawyers register.

Secondly it is the nature of the letter sent to Palm Oasis owners, the second paragraph reads:

“The court of Las Palmas has approved our office to aid all agreement holders residing in the United Kingdom. As Mediators, we are advising all members of the holiday resort of the ruling in their favor and to handle all outstanding claims of the injured parties.”

So they have been “approved” by the court in Las Palmas have they?

Well we know that the courts do not farm out these cases to outside companies or approve such companies to act on the courts behalf. We then have the fourth paragraph where they state that:

“Due to the material misrepresentation, aggressive selling methods, failure to revoke the right of withdrawal and in some cases, no right of revocation, all contracts concluded between 1994 and 2009 have been null and void.”

Not quite accurate, the laws which are being used by genuine law firms to claim and have contracts declared null and void, did not come into force until 5 January 1999 and are known as Ley 42/98.

Although they do say they will make no charge for their services as these are paid by the defendant, you the client are not exempt from court fees, these have to be paid directly to the court and not their company, also they will not exceed 12% of the settlement amount. All very strange indeed. What is the betting the amount will have to be sent by bank transfer to a fictitious court address?

Another fact from the letter is regarding the owners documents, they want them sent by fax or email clearly marked as copies, so they can ensure swift processing of applications.

Not the usual procedure to take a case to court, which requires original documents which then have to be translated into Spanish, a Power of Attorney needs to be signed, the case then has to be prepared on an individual basis by a lawyer (no class actions in Spain), the case is then filed by a Procurator at the court. We then have to wait for a pretrial judge to review the case and if eligible sending it for a full trial hearing. None of this is a quick process.

No doubt the main sting will come later in the process, which if like other cases we have highlighted will entail the owners receiving a letter to say their case has been won and many thousands of pounds have been awarded. Unfortunately, before the court will release this money a “TAX” will have to be paid, again probably by bank transfer to another company dealing with the “TAX” or the same fake court address. That will be the last you hear from them and yes your money has gone!

Inside Timeshare reminds all our readers and those coming across our pages looking for information, beware contacts from companies, law firms etc with these wonderful promises, check and check again. If you are unsure on how to do this contact Inside Timeshare and we will help, remember doing your homework before taking on the offers or paying any money will save you in the long run.

The post Martin Zabala Abogados, Appointed by the Court in Las Palmas! appeared first on Inside Timeshare.

Do not pass go, do not collect 200€, go directly to Jail!

A lawyer from Gran Canaria, Juan Arencibia Rodriguez, has been sentenced to four years jail and fined 1.7 million Euros, in the Criminal Court Number 6 of Las Palmas, the presiding judge was Judge Ivana Aisa Muiños. He has also been ordered to compensate the Tax Agency 865,000€.

The case centers round tax fraud, and the non declaration of earnings which were paid into a Swiss bank account. The case came to light after his name appeared on a list of tax fraudsters which was delivered to the Spanish Treasury by Hervé Falciani who was the operator of the Swiss branch in Geneva of HSBC Private Bank Suisse.

Arencibia is a well known lawyer and tax advisor, he is a former director of the auditing firm Ernst & Young and is a current partner of the law firm Aramburu & Montero. He is also the former a board member of Anfi for the Lyng family.

Another aspect is he is also head of the law firm which handles all of Silverpoints legal matters, including the ongoing legal cases regarding timeshare.

So it does make you wonder now, how Silverpoint has got away with the sale of “investment packs” for so long, as well as all the other infringements could it be that this lawyer massaged the evidence for them?

It also leaves many other unanswered questions such as how much of the “new” rebranding and splitting up into various companies is down to his advice?

At Inside Timeshare nothing now ever surprises us in that murky world called timeshare.

Follow the links below to see 2 of the article is prominent Spanish press:

https://www.canarias7.es/sociedad/tribunales/condena-de-4-anos-a-juan-arencibia-por-delito-fiscal-MF3564097

http://www.eldiario.es/canariasahora/tribunales/Condenado-grancanario-Juan-Arencibia-Suiza_0_740176922.html

If you require any information about this or any other article published or just want to know the validity of any company regarding timeshare, contact Inside Timeshare and we will point you in the right direction.

The post Lawyer Sentenced to 4 Years for Financial Fraud appeared first on Inside Timeshare.

It’s Friday, so time for another Letter from America with Irene Parker, but first a look today’s major news in Europe.

El Diario a prominent Spanish daily newspaper published the following article today (see link for full story).

The article reports on the current legal actions against Anfi and tells of the 1.35 million Euros they have had to repay to consumers, in the execution of around fifty judgements. It also goes on to say that there are over 395 live cases at court with a value of over 27 million Euros, with over 100 having had decisions in favour of the consumers. Some of these are firm decisions with the sentences yet to be executed, others are awaiting confirmation.

With even the Spanish press publishing articles such this, it does make the claim by Anfi that they have not lost or the Supreme Court has got it wrong rather flimsy!

In fact on Tuesday yet another sentence was announced by the Court of First Instance against Anfi, again the clients contract was declared null and void with the judge ordering Anfi to return over £20,000 plus legal interest

(if using google. Right click on the article for a translation to English)

http://www.eldiario.es/canariasahora/tribunales/Grupo_Anfi-condenas-negocio-timesharing_0_739477033.html

The same article has also been published in Canarias7, one of the major Canary Islands Newspapers.

https://www.canarias7.es/economia/turismo/anfi-paga-ya-1-35-millones-por-condenas-YK3590405

Now for this weeks Letter from America.

The 3 Rs or F of Timeshare Revisited (first published in three parts)

Timeshare Resolution, Relinquishment, Refund, Foreclosure

By Irene Parker

February 16, 2018

There are many who use and enjoy their timeshare, but rising maintenance fees, high interest rate loans and higher interest rate developer issued credit cards can spell financial disaster, especially when an individual or family is hit with an unexpected life crisis. Not one of the more than 300 Inside Timeshare readers who have contacted us realized the perpetual nature of the timeshare contract (in the US), or that their timeshare had little or no secondary market. It is not uncommon for a family to have spent $100,000 or more on a timeshare.

There is rarely a need to pay anyone, or any firm, money to get you out of your timeshare. Special circumstances, like being in the middle of buying a house, may result in a referral to one of the law firms we know and trust, if the timeshare company refuses to help the individual or family.   

Our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because we don’t win them all. No one does, not even lawyers. “We can guarantee you release!” boasts the exit timeshare ad. We have had reports of people paying scammers large sums of money for a guaranteed release, only to learn the guarantee came about because of foreclosure or non-payment.

Our complaint form: http://insidetimeshare.com/file-timeshare-complaint-revised/

The goal:  Convert from angry, desperate, overwhelmed and confused into empowered. Timeshare Advocacy Group™   has 44 core advocates and 10 technical support advocates to help you. All of our Advocates are unpaid.

The First R: Relinquishment

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees. It is difficult to determine how many surrenders requests are granted, compared to the number of surrenders requested.

There is nothing wrong with deeding back a timeshare if you have used and enjoyed the timeshare for several years. However, if you find out just days or weeks after purchase that you bought a timeshare not matching what you were promised, walking away from even $5,000 doesn’t seem right.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their 64 members. http://www.licensedtimeshareresalebrokers.org/

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

The Second R:

A refund is not easy to come by, but in cases of serious and obvious fraud; a refund can be achieved.  Inside Timeshare has heard from so many members alleging fraud, we can sometimes guess the name of the repeat offender sales agent before we are told. The fact that some of the same agents are committing the same “fraud for profit” over a period of years is telling.

The complaint process begins with a petition to the resort. Anticipate a knee jerk “you signed a contract’ reaction. Next, begins the filing of regulatory and law enforcement agency complaints. This is where our advocates are ready to assist because just figuring out online forms can be daunting. Check our complaint form for the list of appropriate agencies to contact.

Eron Grant has become our resident ARDA Code of Ethics analyst. In all likelihood, timeshare members are not even aware they are collectively giving $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opts-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member.

Despite our advocates and members forwarding a volume of complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response. Inside Timeshare has learned two of the worst alleged offenders each give $1 million a year to ARDA ROC, surely a disincentive to enforcement.   

Here’s Eron’s article: Why Does ARDA Have a Code of Ethics?

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

http://insidetimeshare.com/fridays-letter-america-14/

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including 19 Attorneys General like Minnesota AG Lori Swanson, as reported by Chris Parker.  

“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….”

“Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—when not outright rigging the system—and details of misconduct are kept private,” writes Chris Parker, a reporter for City Pages

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

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.

http://insidetimeshare.com/tuesday-slot-arbitration/

Timeshare developers know the industry is virtually unregulated and that they are protected by the oral representation clause. However, as we have stated in several previous articles, according to the FBI and attorneys we spoke with, it is not legal for a company to hide behind the fine print, providing sales agents the means to say anything they can come up with to sell points.      

The most common deceit and bait and switch complaints

• The agent said I could sell my points.
• The agent said my points were an investment, so easily sold, at a profit.
• I can turn in points to pay maintenance fees but no such program exists
• The value of airline and other travel awards is zilch. A common complaint is being told you can use a credit card to offset or pay maintenance fees in their entirety, when a member would have to charge $200,000 to pay an annual $2,000 maintenance fee.
• The interest rate is 18%. They said I could get better financing but I can’t.

The Third R

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

One amusing complaint was a buyer whose complaint was that they bought a trial program, but they were promised a lifetime membership. I explained, in the case of the timeshare company they bought into, the last thing they wanted was a lifetime membership. I encouraged them to become a Secret Shopper since they were not locked into perpetual maintenance fees.

   Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. Timeshare Advocacy Group™ has a foreclosure support group, with members offering each other tips on how to withstand the grueling up to 180 days or more of collection calls. Calls are relentless and members have reported many violations of debt collection consumer protection laws.  

We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed on Better Business Bureau reports, Attorneys General Settlements, and Assurances of Discontinuance and lawsuits. There will be a hit to your credit score of course, but if you feel you are a victim of fraudulent timeshare sales practices, provide the rating agencies or your lenders with the reason why you refused to pay off a timeshare loan or credit card. Lenders are human. Many will take this into consideration.

I asked timeshare attorney Mike Finn of the Finn Law Group some questions about the foreclosure process for an article we published previously. Mike’s answers are worth repeating. Some common questions:

Will the timeshare company try to ruin my credit for non- payment of maintenance fees loans or both?

Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can or will members be taken to court for non-payment of maintenance fees loans or both?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Do they place the lien just on the timeshare? In other words, does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never.

Is it advisable to just stop paying fees without the aid of an attorney?

Mike: It really does depend on your ability to endure collection calls, letters threats, and a foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about 5 years. Rarely will they sue for deficiency balance.

http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

http://www.finnlawgroup.com/english/learning-center/page-12

Remember, “I can’t afford it,” is not a valid reason to cancel a loan for a timeshare any more than it is a reason to be able to cancel your home mortgage loan. You can’t go to your home mortgage lender and ask them to cancel your home mortgage because, “I can’t afford it.”

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

Our mission

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

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

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

https://tug2.com/Home.aspx

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

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

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

Let’s keep working together to improve the industry.

That’s it for another week, remember if you require any information about any article published or any company that contacts you, Contact Inside Timeshare and we will get the information for you.

Have a great weekend and join us again next week.

The post Friday’s Letter from America appeared first on Inside Timeshare.

Here we go again, another interesting scam has just appeared, this time it comes from Portugal and involves our old friends the fake law firm Ramirez and Ramirez.

According to Juan Sanchez of the Finance Department for the Supremo Tribunal de Justiça of Portugal, in a letter to a Mr Bauer of the law firm Bauer & Bauer, Sociedade de Advogados, Ramirez & Ramirez Sl have been found guilty on all charges. The court has confirmed that the client for Bauer & Bauer is entitled to £26,500 in compensation for misrepresentation of a holiday product.

One has to ask, what holiday product, as anyone that has had any experience with Ramirez & Ramirez will testify, they took money as a fake law firm to chase court cases and claims against holiday clubs and timeshare. They never did sell any holiday product.

Now the other strange factor is why is this being “dealt with” in the Portuguese Supreme Court?

Ramirez & Ramirez, operated out of the Fuengirola area of the Costa del Sol, all the companies set up by Marcelo Ramirez were registered Spanish entities, nothing to do with Portugal. In fact the only court that has jurisdiction over Ramirez, are the Spanish Courts.

Looking at the letter from the finance department of the Supreme Court, the question that springs to mind is, as it is written to a “Portuguese” lawyer, why is it in English and not in Portuguese?

PDF of the document

Portugal Justice Redacted

Also, the letter from the Supreme Court, has no telephone, fax numbers or email address, although the address given does show the courts on google street view, that is about the only genuine thing about it. To be honest, it is not the best fake we have ever seen, it just screams fake!

Now let us look at this illustrious law firm Bauer & Bauer, well there is a law firm by this name, unfortunately it is not in Portugal, it is around 7000 miles away in Brazil, there is no trace of a law firm by this name in Portugal.

The only website we have found is for the legitimate law firm in Brazil, there is no website for the Bauer & Bauer operating out of Lisbon Portugal. The letter from and signed by Janettje Bauer shows no email address or website details, which considering how companies operate today is very strange indeed.

PDF of the letter

Portugal_Justice 2 Redacted

Our next question is who is behind this, no website so no chance of a registration, no company numbers, so unable to trace any director, very little information about them is available. So it makes you wonder is this another one of Ramirez’s ploys?

After all he did set up another company to contact the clients of the original Ramirez & Ramirez, with the story that they have been taken to court and there is substantial money being held, just waiting to be returned to those who got swindled in the first place. Only thing was the new Ramirez company needed to be paid to get this done.

http://insidetimeshare.com/the-resurrected/

This article goes to show that you have to be very careful when dealing with anything regarding timeshare, courts and claims, Inside Timeshare has been publishing many articles on this subject, including showing the sophistication of some of the fake documentation.

If you have been contacted by any company including Bauer & Bauer Inside Timeshare would like to hear from you. If you need any help in checking if a company is genuine contact us and we will point you in the right direction.

Do not pay any money until you are 100% sure that who you are dealing with as absolutely genuine.

The post Start the Week, With Yet Another Warning! appeared first on Inside Timeshare.

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Here we are with another Tuesday Slot with Irene, this week it is all about “Whistleblowers”, those who decide they need to tell the inside truth about companies, organisations or even politicians. Inside Timeshare has highlighted this topic before, without them we would never know the truth. But first a quick look at Europe.

We started this week with a warning about the scam involving clients of Ramirez and Ramirez, our old friends from the Costa del Sol, this one had an unusual twist as it involved the Supreme Court in Portugal. We are used to seeing letters supposedly from Spanish Courts, maybe because they have been highlighted this so often the “fraudsters” have decided to take a different angle.

There is still no news on the sentencing of Dominic and Stephanie O’Reilly of EZE Group, last year they pleaded guilty at Birmingham Magistrates Court, they were sent to the Crown Court for sentencing as the powers of the Magistrates Court were deemed insufficient due to the severity of the offences. When we know what they receive we will let you know.

We are still receiving emails from clients of the Mark Rowe companies being investigated by the South West Police, Regional Organised Crime Unit, that they have been contacted by the Police and are making statements. This is obviously a huge investigation and will take some time, we will keep you informed of any developments.

To finish off the European news this has just come in from the courts in Maspalomas.

The Court of First Instance Number 4 has issued their latest sentence against Anfi, The judge has declared the CLA clients contract null and void and ordered the return of over £26,000 plus legal Interest. This is another blow to Anfi and the CEO’s claim they are not losing in the courts!

Now for the Tuesday Slot with Irene Parker.

United in Speaking Truth to Power

A borrowed headline from Whistleblowers of America

Press release

February 20, 2018

Introduction by Irene Parker

The Whistleblowers of America press release below describes alleged misuse of power. Seekers of justice and fair play seek to change corporate and/or government corruption. Deceit can become ingrained and accepted. It becomes the norm until those brave and determined enough to fight back, strike back.

Vivieca Wright Simpson, VA’s third-most-senior official, altered language in an email from an aide coordinating the trip to make it appear that Shulkin was receiving an award from the Danish government, then used the award to justify paying for his wife’s travel, Inspector General Michael J. Missal said in a report released Wednesday. VA paid more than $4,300 for her airfare. https://www.washingtonpost.com/politics/veterans-affairs-chief-shulkin-staff-misled-ethics-officials-about-european-trip-report-finds/2018/02/14/f7fbc020-0c3a-11e8-8b0d-891602206fb7_story.html?utm_term=.e6c8f81cab95

Inside Timeshare has connected 31 active duty and retired military and law enforcement members, alleging they were a victim of timeshare fraud for profit. Whistleblowers of America is dedicated to seeking justice for this population.  

Five members of our military and law enforcement group are worried about losing their security clearance, including two who have published articles:

Amanda and George Jones http://insidetimeshare.com/tuesday-slot-irene-3/

Scotty Black http://insidetimeshare.com/fridays-letter-america-36/

I have highlighted the following excerpts in red from the Whistleblowers of America press release below, noting similarities between what VA workers and timeshare victims confront when power and wealth seek to destroy individuals and families by way of corporate greed and misuse of power.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.

It takes at most a day to buy a timeshare, but weeks, months and sometimes years to cancel a timeshare contract. There are endless rebuttal emails responding to timeshare contract fine print experts (also known as customer service representatives), regulatory and law enforcement filings, YouTube interviews, and media outreach.

Such has been the case with reports of homelessness numbers being underreported

Non-disclosure agreements and private and binding arbitration rulings have effectively swept timeshare corruption under the rug, but recent Attorneys General actions, Social Media, and lawsuits are saying, “No more.”

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

If a fraudulent timeshare presentation is recorded, or the victim works for the media or for an Attorney General’s office, or has a family member working in these fields, resolution is quickly achieved.  

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

One timeshare company initiated the recording of Quality Assurance sessions, announced as a consumer protection. The QA session occurs after a two to eight hour hard sell sales presentation, basically a nodding, initialing and signing session. The sales session where the crimes are committed is not recorded and members have reported the recording of the QA session being used against them and some buyers coached on how to “pass” QA because they didn’t get “the letter” (that was never sent).

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

The timeshare industry counts on this, knowing the amounts involved will not withstand the time and expense it takes to litigate. State enforcement is spotty at best. Federal enforcement, like the Consumer Financial Protection Bureau, is ineffective because members often can’t even select a lender when filing a complaint because payments are made to the timeshare company that services the loan, and timeshare companies are not a choice from the CFPB dropdown menu.  

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

Timeshare members are sometimes at the mercy of arbitrators, hired by the timeshare company. Arbitrators charge $400 to $500 and have a reputation of being pro-industry. If the arbitrator rules against the timeshare member, not only are they liable for the timeshare debt, they can be assigned to pay the timeshare developer’s attorney fees.

Whistleblowers have lost their homes and college tuition for their children.

The first article we wrote was about the Saldana family, transferring a $30,000 loan balance to a home equity loan, forfeiting $60,000 in timeshare points back to the timeshare company, left with no vacation, a $30,000 home equity loan, and a high school graduate starting college that year.

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

United in Speaking Truth to Power

www.whistleblowersofamerica.org

601 Pennsylvania Ave, South Tower, Suite 900, Washington, DC 20004

#USTOO: Whistleblowers United in Seeking Justice WoA is a nonprofit organization assisting whistleblowers who have suffered retaliation after having identified harm to individuals or the public. Together, we can speak truth to power.  

Washington, DC, Feb 13, 2018 – USA Today reported on February 12, 2018, that the VA Office of Inspector General (OIG) found that Secretary David Shulkin inappropriately accepted gifts and travel expenses for his wife during his visit to Europe last July. After this story posted, Whistleblowers of America (WoA) was inundated by VA employees outraged by the different standards by which their leadership is held versus the scrutiny they endure.

Shulkin has hired lawyers Justin Shur, Eric Nitz, and Emily Damrau to rebut the OIG findings related to the wrongdoing.

First, several VA employees noted that their cases have lasted from three to eight years while investigations continue – far greater than the 6 months it took to investigate Shulkin. However, some have reported that the OIG never even responds to their complaints.  They have called repeatedly, but their reports of fraud have not been investigated.  

Such has been the case with reports of homelessness numbers being underreported at medical centers in the Midwest and 14,000 disability claims lost out of the Oakland Regional Office.

One whistleblower said, “If you don’t have photographs, they don’t investigate.”

Another whistleblower in the Philadelphia Regional Office laments that the new Office of Accountability and Whistleblower Protection (OAWP) is being used to fire employees over production.

Allegedly, one employee with 28 years of service has been served a proposed termination notice for recently missing production standards. However, these production standards have been a sore point with Congress over the last decade as numerous Veterans Service Organizations have testified that quality should beget quantity and for Raters to “Do it right the first time.”

Even when the OIG finds in their favor, many whistleblowers still suffer the consequences of retaliation and must take their cases to the Office of Special Counsel (OSC) and the Merit System Protection Board (MSPB) for further adjudication.  One whistleblower who could no longer tolerate the stress of months of retaliation, resigned before hearing back from OAWP.  

Several other whistleblowers report that once they are terminated or forced to resign, they can no longer afford to pay costly attorney fees. These out of pocket expenses can soar above $100,000 before settling.

A Washingtonian whistleblower familiar with the Shulkin attorneys’ fees reports that their insurance rate is $275 an hour, but other whistleblowers report spending $500 an hour on attorneys while the government lawyers defend the perpetrators of the wrongdoing.

While it may be affordable for a VA Secretary to hire three counselors to battle his own OIG, most VA employees who report wrongdoing are GS 12 – 15s.  They quickly run through their family savings and retirement funds to fight whistleblower retaliation and if they do not reach settlement and damages, then the financial losses have impacts for several years. Whistleblowers have lost their homes and college tuition for their children.

And for those who are not terminated, remaining employed often means being marginalized to lesser assignments, lost pay or advancement opportunities, privacy invasions, poor performance evaluations that mar personnel folders, which then obstruct their ability to compete for other gainful employment. Even attempts at Alternative Dispute Resolutions that can resolve conflicts at the most internal levels are fraught with impartial mediators, lack appropriate decision-makers and can be non-binding, so costly when final arbitration is still needed at a higher level. Whistleblowing has been labeled “career suicide.” When you are not the VA Secretary or other senior leader, life gets tough when harmful disclosures are made to the OIG.

WoA is a 501C3 that provides peer support to whistleblowers because retaliation has consequences that can result in depression, anxiety, substance abuse, divorce, post traumatic stress disorder (PTSD) and suicide, as USA Today once reported in the case of psychologist, Chris Kirkpatrick.  He died by suicide after reporting overmedication of patients at the Tomah VA Medical Center in Wisconsin and was fired.

Contact:

Jacqueline Garrick, Executive Director

www.whistleblowersofamerica.org

202-309-1870

jackie@whistleblowersofamerica.org

Thank you Irene and Whistleblowers of America, a very interesting article.

If you have any information regarding the practices in the sale of timeshare and want the world to know the real truth behind the industry, then Inside Timeshare welcomes any information you can share.

Been contacted by a firm and want to know who they are, or if they are genuine? Then contact Inside Timeshare for honest, truthful and impartial help and advice.

The post The Tuesday Slot with Irene appeared first on Inside Timeshare.

Today we look at how timeshare scams have changed over the years, from the original sales to resale, holiday clubs and now for claims. You will be surprised at how they have developed, we will also give you some useful information on what to look for when either searching the web or being contacted.

When timeshare was first being marketed on a large scale during the 1980’s and the boom years of the 1990’s the most common scam was known as the “hole in the ground”. This is where the unsuspecting tourist while on holiday was picked up off the street by the touts with the scratch cards, taken to a resort with a sales deck and subjected to a rather lengthy presentation.

Nothing new there, the difference with this presentation was that the resort the potential client was at, was not what was being sold. That resort had not yet been built, it was in the planning stage, the client was being offered to buy “off-plan”.

These apartments and weeks would be sold at a discounted price, for example a studio may go for around £2,500, much cheaper than the ones on the resort they were visiting. Many signed up for these timeshares, only to find out later that the resort was never actually built, the marketing company had disappeared along with their money.

It was then towards the end of the 1990’s that the resale market began, many timeshares were sold on the basis that they were real estate, you were buying a portion of the bricks and mortar, so it would go up in value.

One of the early resale scams was started and run by the infamous Toni Muldoon from the Costa del Sol. He had a string of companies, one was known as Platinum Properties.

The scam played on greed, owners would be cold called and asked if they had thought about selling their timeshare. The pitch was very simple, there is a shortage of new timeshares and the prices of second hand ones was increasing due to demand.

The unsuspecting owners would be asked what they owned and what they had paid, the callers would then explain that those were in high demand and fetching very good prices. For example, an owner would say they paid around £5,000 for theirs, yes you guessed it, they would be told that those were now going for about £7,000 on the resale market and going up in value.

Now for only £1,500 Platinum Properties would list this for you, if they were not able to sell this within the 12 months of the contract, the deposit would be returned. That deposit would also be returned once the sale had gone through, as the buyer would pay all the costs. Many took up this offer and that was the last they ever heard from the company again.

Eventually Toni Muldoon was caught and received a 2 year sentence which was then suspended, he was eventually jailed in the UK for other non-timeshare related scams and has been release on parole. He has now set up 2 websites, one relating to timeshare (claims) the other called Scam-Busters. The question is can a leopard change its spots?

Home

Home

His business became the model for all the other resale companies that sprang up during the early 2000’s.

The next incarnation of the resale scam was the classic “bait and switch”, this is where the client was told they had a buyer for the timeshare, usually a “corporate buyer”. All the seller needed to do was visit the resale office on the Costa del Sol or wherever and attend a meeting with the buyer.

But, there was no buyer, the meeting was a presentation for one of the new Discount Holiday Clubs. These were the  new way to holiday, free from the yearly and rising costs of maintenance fees. The pitch was they would take over your timeshare leaving you maintenance free, but to do this you had to buy a membership to their club. Again these varied in price depending on the length of the membership.

Those prices were obviously inflated, as they would then give a massive discount to take into account the price of your timeshare. For instance, the owner would be told that a 10 year membership would cost £15,900 but they would give you £6,500 for the timeshare, leaving the cost of membership at £9,400.

Another twist to this was the cashback scheme, this was a voucher made out for a large sum to cover the cost of the timeshare plus some of the membership fee, that had to be registered and in 36 months or so you would go through the reclaim procedure and receive at least 75% of the certificate value.

Incentive Leisure Group and their Designer Way Vacation Club along with Club Class Concierge were the major players in this particular scheme. Both eventually were wound up by the UK authorities.

The next system to emerge was based on the above, this time they were leisure credits, which “could” be used to get discounts on all sorts of goods and services, not just holidays. The same tactic was used, get the client to a meeting and the only way to get out of the timeshare was to purchase the leisure credits and join our scheme!

The most well known are EZE Group, whose owners are awaiting sentence at Birmingham Crown Court and Monster Credits. The latter is now under investigation by the Police after raids by Trading Standards.

We now move to the latest in this long list of innovative frauds, the claims business.

Since the first Supreme Court ruling in March 2015, these have mushroomed, they take on many various forms, from fake law firms to claims management companies.

The pitch varies from firm to firm but one thing is clear, everyone has a case and can claim!

The most sophisticated fraud is one Inside Timeshare has been following for over 2 years, the group of “Fake” law firms we have called the Litigious Abogados family operating out of Tenerife.

Theirs involves clients being told the case has been filed and they can be part of it, all they need to do is pay a certain amount and they will be included in the case being heard within the next month. All the documents look very convincing, even down to very good fake court documents. For more on this search for Litigious Abogados.

There are also many firms operating out of the UK, these are offering “no win no fee” claims, but in order to do this you need to have your timeshare contract cancelled, known as relinquishment. This involves a fee, this can be anything from £4,000 to £8,000 depending on the company. (Beware of this, many have found that after 3 years or so they end up getting demands for maintenance arrears).

Once you have paid for the contract to be cancelled, then they will file a claim on the “no win no fee” basis. This does not involve a court case, (once your contract has been cancelled, you cannot take the case to court), it is a Section 75 under the Credit Consumer Act 1974. As you can imagine this is not going to work, the credit card company will deny the payment stating that you have had use of the product and therefore are not eligible.

Section 75 covers, not received the goods or services paid for, company has gone bankrupt, fraudulent transactions. This would not cover the misselling of timeshare, the contract can only be declared illegal in a court and at present the laws only apply to timeshares purchased in Spain.

Now, it can be very difficult to decide which company is genuine and which is not, this is where you need to do your homework.

Some very basic tips are, how long has the company been registered, this can be found out by doing a company search, this will also tell you if they have changed name. If the company has only been registered for say 1 year, then how do they account for their claims of helping hundreds of people, especially if they have testimonials dated several years before they were registered. Also just because a company has a registration, that does not prove they are genuine, anyone can register a company for very little outlay.

Another factor is the officers of the company, the director and secretary, these may be just front people, not the actual owners of the company.

What about the website? Who is it registered to and when was it registered?

Some websites are registered under privacy registrations, these are using a privacy company to register the site for the person. This should set the alarm bells ringing, what have they got to hide?

Payment methods is also a very useful giveaway, any genuine company should have credit card facilities, at least that way you are covered if anything does go wrong. Do not use your card via any method such as PayPal, this is a third party and invalidates your rights under Section 75.

Companies using only bank transfers should be viewed with caution, especially if the transfer is to be made in the name of a private individual. Steer well clear of any company that asks for payment by any other means such as Western Union.

These are just the very basic rules, if in doubt do not do anything, if you require any help in checking the validity of any company that contacts you or one you have found while searching the internet, contact Inside Timeshare and we will point you in the right direction.

Remember do your homework and keep your hard earned cash safe!

The post The Changing Face of Timeshare Scams appeared first on Inside Timeshare.

This week’s Letter from America is not the one originally planned by Gay Hart-Brewer, as usual Irene Parker sends draft copies in advance to the company involved in the article. In this case the company contacted the person concerned with the dispute and we may just have a result. So first a little extra from Europe.

Inside Timeshare has had a number of enquires about Resort Management Direct, this has nothing to do with the running of your resorts, they are in essence what is known as a flybuy company. See the article from March 2016 which explains a flybuy in detail.

http://insidetimeshare.com/what-is-a-flybuy/

Basically a flybuy is a cheap discounted holiday offer which provides clients to resorts for the purpose of attending a sales presentation for either a timeshare or holiday club. These presentations are for a minimum of 90 minutes (if you can believe that), but will usually last several hours and involve the usual high pressure sales tactics.

Failure to attend the presentation will result in either removal from the resort or being billed full price for the accomodation, which may be a couple of thousand pounds. So the moral of the story is beware the cheap deals.

The new “fake” law firm Martin Zabala Abogados, based out of Madrid, is still contacting Palm Oasis owners and stating they have been “APPROVED” by the court in Las Palmas to act for owners of Palm Oasis. They are now using a Spanish mobile number which unfortunately our reader has missed a couple of digits but we publish what we have as it will provide you with at least the start:  0034 6936710

Remember, COURTS DO NOT APPOINT OR APPROVE ANY COMPANY TO CONTACT TIMESHARE OWNERS.

Anfi have again this week been on the receiving end of two more sentences from the Court of First Instance in Maspalomas.

In the first case, the client has been awarded over £26,000 plus legal interest, with their contract being declared null and void. The same court on the following day declared another contract null and void with the client being awarded 15,738€ for the purchase price plus a further 15,951€ as double the deposit paid within the cooling off period.

Two very happy ex-timeshare owners and a costly two days for Anfi.

Inside Timeshare has also been handed a verdict from the Audienca Provincial of Palma de Mallorca, this case goes back to 2016 and involves no less than eight clients of Marriott Resorts.

The court found against MVCI Management SLU and MVCI Holidays SL, for breaches of the timeshare law 42/98. The total amount awarded by the court is 357,481€. when we get the court papers translated fully we shall publish it here.

Now for this weeks Letter from America which has been revised in light of the news that the company had contacted the author.

Seniors (and others) Driven into Timeshare Foreclosure

By Gay Hart-Brewer for Consumer Protection Week

State of Residence:  CA

I made a YouTube that was posted above to warn the elderly and the young to be aware of predatory timeshare sales tactics, appearing to be widespread in the timeshare industry, with the exception of Disney Vacation Club.

March 4 – 10, 2018 is Consumer Protection Week

https://www.consumer.ftc.gov/features/national-consumer-protection-week

The Federal Trade Commission has asked us to:

• Plan an event
• Write about it
• Blog about it
• Spread the word

I understand I am supposed to say “alleged” and “in my opinion” but my husband Ed and I know what we were told when we invested in a timeshare. Supported by lawsuits, Attorneys General investigation, Better Business Bureau and internet complaints too numerous to mention, I will offer our devastating timeshare experience as a lesson for all Tuesday if our differences are not resolved.

“You signed a contract,” in essence endorses and encourages the actions of these agents employing tactics that are predatory and criminal. They don’t even deny the lies. When a timeshare agent tells an outrageous lie, instructing the member to call him or her to accomplish something the agent knows full well can’t be accomplished, the member is told, “It doesn’t matter what I said. All that matters is what is in the contract.” It’s a sordid partnership between the sales agent and corporate.

This type of white-collar crime is known as fraud for profit, as defined by the FBI.

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

The actual article scheduled for today has been pulled because someone from the timeshare company reached out to me yesterday, after months of insufferable agony over this dreadful experience.

Part II of What is Elder Abuse will air February 27, Tuesday, with or without my YouTube, depending on if the timeshare company will do what is right, just and honest. We pray it will be a positive article about a positive outcome.

Timeshare bait and switch must stop. Social Media is here to stay.

We may be elderly, but we will no longer be victims.  

Thank you Gay, we all hope that the outcome for you is a good one.

Inside Timeshare once again thanks all contributors and readers who contact us with information, it really does help others to avoid many problems. As usual, we repeat our warning, before engaging with any company that has contacted you or that you may have found on the internet, check them out and do your homework. This due diligence will save you more than just money.

If you need help in looking for the information you need, contact Inside Timeshare and we will help you find it.

Have a great weekend.

The post Friday’s Letter from America appeared first on Inside Timeshare.

On 23 February, West Mercia Police issued a press release about 9 timeshare fraudsters being sentence to more than 20 years in prison. It revolves around a timeshare resale scam that began back in 2012, when the company Simple Property Marketing Solutions first made its appearance.

All 9 appeared at Stafford Crown Court between 21 and 23 February, they are:

• James Barrass, 37 from Norwich, sentenced to two years for money laundering.
• Matthew Barker, 25 from Bromsgrove, Fraudulent Trading, 1 year & 1 month. Suspended for 1 year a & 6 months, 250 hours community service.
• Brian Carr, 31 from Redditch, sentenced to 6 years for conspiracy to defraud and perverting the course of justice.
• Daniel Carr, 24 from Redditch, Conspiracy to defraud, 4 years prison.
• Steven Cross, 37, From Worcestershire, Conspiracy to defraud, 6 months.
• Dawn Gingell, 55 From Hampshire, Conspiracy to defraud, 3 years 6 months prison.
• Brendan Hicks, 28 From Redditch, Fraudulent Trading, sentenced to 1 year 1 month, suspended for 1 year 6 months plus 250 hours community service.
• Alan Sharp, 66 From Norwich, Money Laundering, 8 months in prison suspended for 1 year plus 200 hours community service.
• Craig Walker, 27 From Redditch, Conspiracy to defraud, 3 years in prison.

They are all facing proceedings to recover the money stolen, under the Proceeds of Crime Act 2002.

It all started with the company Simple Property Marketing Solutions Ltd, based in Norwich in 2012, they began contacting timeshare owners with the promise of buyers for their timeshares. These buyers were offering tremendous prices to acquire them.

In order for the timeshare owner to start the sales process, Simple Property Marketing Solutions, headed by Brian Carr, needed payment of between £600 and £1,500 for notary fees and security bonds.

According to the evidence it amounts to around £875,000 paid by about 470 people.

But the scam did not stop there, under different names and companies the next stage was to contact those who had lost money in the original scam. They would offer new schemes in order to help the victims to at least recoup some of their earlier losses.

The third part in this scam was one we have seen all too often, the victims are again contacted, but this time the callers say they are from the Spanish Courts. The money they have lost has now been recovered and can be returned to the victims bank accounts, obviously there would need to be a fee paid first.

Brian Carr was also the director of the following companies:

• Mercia Media Services Ltd, formerly known as Title Exchange Services Ltd, this was based in Redditch.
• Deed Transfer Specialists Ltd, based in Norwich.
• Simple Property Solutions Ltd, based in Norwich.

It is believed there were around 10 companies formed in the UK and Spain which were used to either launder the money or perpetrate the scam.

This fraud ran from the start of the companies in 2012 to 2015, they targeted mainly the elderly and vulnerable timeshare owners, many who were in poor health. This is a recurring theme in this type of fraud, as we have to remember the vast majority of timeshare owners today are now retired and many are not in the best of health.

Recently we have been seeing many other “scams” being closed down, from resale to holiday clubs and leisure credits. The authorities are taking more notice of these frauds in the timeshare world, we are still waiting to hear what sentence Birmingham Crown Court will be bestowing on the EZE Group owners Dominic O’Reilly and his daughter Stephanie. We are also waiting for the outcome of the investigation in several of Mark Rowe’s companies by the South West Police.

As the title of this article says, They Do Get Them in the End!

If you have been contacted by any company or are wondering about one you have found on the internet, contact Inside Timeshare and we will help you find out what you need.

The post They Get Them in the End appeared first on Inside Timeshare.

THE FBI FOCUSES ON SCAMS TARGETING THE ELDERLY

WHY TIMESHARE BUYERS NEED TO REPORT ALLEGATIONS OF FRAUD

Reported 22/2/18

https://www.fbi.gov/news/stories/elder-fraud-charges-announced

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings.

A coordinated law enforcement action aimed at those who prey on senior citizens has resulted in charges against more than 250 subjects who collectively victimized more than one million mostly elderly Americans.

“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Jeff Sessions. “Today’s actions send a clear message. We will hold perpetrators of elder fraud schemes accountable wherever they are.”

Using a variety of scams, criminals charged in the nationwide sweep caused losses of more than $600 million. The cases, which spanned the globe and claimed victims in every U.S. state, include criminal, civil, and forfeiture actions and were coordinated through local, state, and federal law enforcement agencies and international partners.

Elder fraud “is a serious and growing threat,” said David Bowdich, acting deputy director of the FBI, who attended a press conference at the Department of Justice in Washington, D.C., with other federal law enforcement partners to announce the results of the nationwide sweep and to encourage victims to come forward.

Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams. Often, the cases involved “outright theft by people the victim should have been able to trust, to include their attorneys, financial advisers, and, even more egregious, their guardians and caregivers.”

Ten Testimonies from Rick Casper Customers

#10 A surprise $170,000  1099c this tax season

Elder Abuse Part II

Elder Abuse Part I by Gay Hart-Brewer

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

Gay’s Story

https://www.youtube.com/watch?v=99xK55mTZRo&feature=youtu.be

Consumer Protection Week March 4 – 10

Rick Casper said there was a meeting and the new people that bought Diamond (Apollo Global Management) said since there were so many members wanting to sell back points, Diamond was now allowing this, but in order for us to sell our points back to DRI we would need to buy more points.

The new payment is $2,276.05 and almost equals our net income

The old payment on the Hawaii points was $413.

Retired Army, age 69, taught 21 years biological, nuclear and chemical defense

Roy Simmons, another veteran speaks out about timeshare sales

https://www.youtube.com/watch?v=j_nca6lMA4U&feature=youtu.be

Rick Casper complaints reported to Timeshare Advocacy Group™

By Irene Parker  

February 27, 2018  

Inside Timeshare has received 315 Diamond Resorts complaints since we began counting late 2016. Ten are Rick Casper complaints. Inside Timeshare reached out to Diamond Resorts for comment but they did not respond. ARDA has been copied on all serious allegations reminding them of their Code of Ethics. ARDA has never responded. Diamond members donate $1 million a year in “voluntary” “opt out” donations on maintenance fee invoices to ARDA ROC. When questioned, not one member could tell me what ARDA ROC even stands for.  

The FBI has advised us, timeshare buyers who feel they were a victim of bait and switch of a serious nature (like the members reports in today’s article allege), to file a complaint at IC3.gov and to file a complaint orally by contacting their local FBI field office (prompt #4, then prompt #3 white-collar crimes)

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

Rick Casper

Danny Wolfer

We begin with number ten, the most recent Rick Casper complaint, because this complaint is particularly timely as April 15 looms, the deadline to pay income taxes in the US. When a loan is forgiven it is reported as “forgiven debt”, a form of income, so Mr. Wolfer’s $170,000 1099c is worrisome, to put  it mildly.

A lawyer I spoke with, who asked not to be identified, said you can negotiate with the timeshare company as part of the settlement, not to issue a 1099c. In this case Mr. Wolfer worked through one of those “get you out of your timeshare” companies, but I can find very little about the firm he worked with and their website was not accessible. Foreclosure might have been the better choice. I’m not an accountant, but according to Creditcards.com, there are six exceptions to paying income taxes on forgiven income. Timeshare debt is not one of them.   

https://www.creditcards.com/credit-card-news/1099-c-tax-form-questions-answers-1282.php

Timeshare Master Closers typically earn $1 to $2 million per year in income. As a former stockbroker, I am not against earning and gathering great wealth, but not in a fashion described by those listed below. I will believe a veteran or an active member of the military or law enforcement over a timeshare sales agent any day. We have referred 31 active duty military, served, or retired military and members of law enforcement to Whistleblowers of America, an organization dedicated to seeking justice for military and government workers. http://insidetimeshare.com/tag/whistleblowers-of-america/

Ten Rick Casper complaints

#45 (10) Danny Wolfer, age 70, 100% disabled, Vietnam veteran

(2/23/18 complaint) The first #, #45, is the order Rick Casper appears in 45 Polo Towers/Cancun Resorts Las Vegas complaints directed against several agents. The second number is 1 – 10 Rick Casper Complaints.

In 2016 we went to Vegas and stayed at Cancun resort. We met with Rick Casper. We were already platinum members at 50,000 points but Mr. Casper said if we could do this upgrade it was possible to use our points to pay the maintenance fees, but maintenance fees increased after the upgrade from $5000 to $16,000. I had been in the hospital with congestive heart failure so not thinking clearly and we were kept for five hours. When we got home we realized what happened. Rick Casper said it would cost $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it.

I ended up paying a company $1500 in Branson MO that helps get people out of time shares, which they did; but now DRI has issued me a 1099c which has to be claimed as income. It’s for around $170,000. I’m 71 years old. I feel like they (Rick Casper and the “get you out of your timeshare company”) took advantage of me. I would have been better off foreclosing.

#1 (1) Age 68 Coast Guard veteran Platinum upsell by Rick Casper:   We had purchased eight DRI contracts, disputing only the last upsell because Rick Casper told us he would sell points for us if we had to, but we had to purchase these last additional points. We asked if we could combine the nine contracts for easier accounting. Rick Casper advised us not to combine contracts as it would be easier for him to sell in small lots like, for example, when people want to upgrade from gold to platinum. Gold is 30,000 points and Platinum is 50,000 points. We purchased 20,000 points July 2016 for $55,200. When we attempted to contact Rick Casper the email went to DRI VP Dan Percy who said Rick Casper is not receiving emails. (Almost resolved so not identified) http://insidetimeshare.com/wednesday-article-america/

#8 (2) A stage 4 cancer victim was told to buy more points by Rick Casper as they would be able to sell the points to help pay for medical bills and Rick Casper told us he would be able to help sell them. (Resolved after numerous rebuttals)

#13 Age 60 (3) $117,000 loan – December 29, 2016 – Rick Casper said DRI never allowed you to sell points. This will allow you to sell points. He knows real estate people to get $5 on resale for DRI points. New members are paying $9 so if you buy at $4 it is easy to sell. He had contacts he could set us up with. We were given Rick’s personal email at the sales presentation. Rick Casper said only Legacy owners can sell points. When we attempted to contact Rick Casper he said he could no longer use his personal email and that VP Dan Percy would handle us from now on. (Resolved)

#14 Age 69 Gulf War veteran disabled (4) $142,000 Loan – Couple did not know until they returned home that Rick Casper January 22, 2017 had sold them $142,000 worth of DRI points and had charged $17,000 to a Barclaycard for the down payment. (Resolved) http://insidetimeshare.com/another-nightmare-timeshare-street/

#17 Age 61 (5) my complaints are against Rick Casper. I told Mr. Casper April 2016 I was not able to use all the points I had because I lost my best friend I used to travel with and no longer desired to travel like I did before. I had 50,000 Diamond points prior to meeting with Mr. Casper. I explained I owned more points than I can use. He told me the 50,000 points I currently owned were worthless but if I bought an additional 25,000 points I would be able to sell any of my points for $2 to $4 per point. He called this an exit strategy. Mr. Casper said on at least four occasions I was eligible for a “Pool Party” upgrade that would provide an exit strategy. He said the program was about to expire so I needed to write a sentence that said I wanted to do this and he would get the purchase approved. I never received a copy of the sentence. The purpose of the purchase, according to Mr. Casper, was to make my existing points more valuable. Mr. Casper went on to explain that this exit strategy would allow me to monitor and sell points. He mentioned that he is a family man and does not want to pass his points and maintenance fees on to his kids. He repeated several times “this is your exit strategy”.  I was referred to VP Dan Percy who said he would get back to me. (Resolved)

#20 Age 66 (6) $75,000 July 2016

Sales agent Rick Casper

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

#21 Samuel Melendez Age 69 (7) October 2016

Army veteran, 21 years taught biological, chemical and nuclear defense

http://insidetimeshare.com/nightmares-timeshare-street/

I am asking for our loan to be cancelled for our last purchase of 107,500 points from Rick Casper at Polo Towers. We previously purchased 50,000 Hawaii points in November 2016 and had no complaints with Diamond.  Having bought point three times we did not expect a Diamond sales agent would outright lie.

In Las Vegas at Polo Towers we met with Rick Casper and told him we were afraid of passing our points on to our children. Rick Casper said there was a meeting and the new people that bought Diamond (Apollo Global Management ) said since there were so many members wanting to sell back points, Diamond was now allowing this, but in order for us to sell our points back to DRI we would need to buy more points. He said we would have to pay off the loan before Diamond would buy our points back. He said he had to transfer our Hawaii points to the US Collection points.

Mr. Casper said to put down that our income was $120,000 each on the loan application. I said that was not true. Rick Casper said to put it down anyway. I asked Mr. Casper if I would need to pay the maintenance fees. He said we would not have to worry about that. After we got home we received a bill for $17,500 for maintenance fees. He did not explain that the $15,000 would be placed on the Barclaycard which was put on Delores (age 81) card.

November 2015 50,000 points purchased for $121,650 in Hawaii

10/21/2016 $163,525 for 107,500 points purchased from Rick Casper

Down Payment $15,000 Amount financed $151,078.93

Equity from 65,000 points transferred from US $128,196

Loan Balance: $143,931.27 as of October 2017

The new payment is $2,276.05 and almost equals our net income

The old payment on the Hawaii points was $413

#22 age 56 (8) $132,000 August 2017

Sales agent Rick Casper

“The main benefit that he presented was the ability to convert points directly into cash at $0.30 per point. If at any time during the year we had leftover points we could be reimbursed for those points in cash.  All we had to do was contact Dan Percy and he would process the transaction and put the money on our reloadable Visa card.” I continued to ask questions about each benefit so that I would be certain.  I worded questions differently to see if I would get the same answer.  I threw out this scenario; “If at the end of the year I have 30,000 points still sitting in my account, you’re telling me that I can get reimbursed cash for these points at $0.30 per point.”  His response; “Absolutely – You contact Dan Percy and he will load $9,000 onto the Visa card.” We purchased 40,000 points to get us to the level of “Super Platinum”. (Resolved)

#44 (9) Referred by one of the 1 – 10 above supposed to call us soon.

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

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

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

Timeshare Advocacy Group™ – Members Helping Members tired of “Kind Regards”

Inside Timeshare receives on a daily basis complaints such as this, not just from the US but also from Europe, these type of sales practices need to end. The timeshare industry is destroying itself, if this keeps up there will no longer be an industry.

If you have any questions or comments on this or any other article published, or you just need some advice on any company that has contacted you or even thinking of doing business with, then contact Inside Timeshare for the best advice available.

The post The Tuesday Slot with Irene appeared first on Inside Timeshare.

It seems some of the old names are making a come back, the latest is Greenges 2005 SL. These were based in Fuengirola and have not been heard from for around 5 years, this time in a very unusual way.

Inside Timeshare received an enquiry regarding a call they received telling them that their parents had been awarded £24,000 by the courts for a mis sold timeshare in Tenerife. The call came from someone claiming to be from the Ministry of Justice and to verify the fact they should contact Greenges in Spain who he claimed had done the work for the readers parents.

According to the caller from the Ministry of Justice, if they did not claim the money within 5 days it would be returned back to the court. This is a very strange fact, as the courts do not work in this way, also the Ministry of Justice is a Government Department and nothing to do with the Judiciary and Courts.

So we can only speculate that the scam will be the usual “Taxes” to release the money, then a fee to pay for the work involved.

Now Greenges 2005 SL is still a registered company with the NIF number B92652288, the registered address is:

Calle San Antonio 22, Edificio San Miguel, 29640 Fuengirola, they also had another address which also comes up on Google as:

Lope de Vega 60,  29631 Arroyo de la Miel, Benalmádena, this address is actually at Los Boliches Fuengirola not Arroyo de la Miel.

Previous telephone numbers are:

Telephone 0034 952 446093 and fax 0034 952561178
Telephone 0034 952 667357 and fax 0034 952 667545

According to the Google ad it is a computer software company, yet we can’t find any website for them.

A past director of the company Sharifi Mahmoud Reza has well known links with the following companies:

Fuengirola Servicios 2002 SL

Key Property Town Advisory (KPTA)

The Justice Group Direct

Another dubious link is the administrator of Ramirez & Ramirez, Fabián Ramirez Marcelo as he also appeared as the administrator of Fuengirola Servicios 2002 SL.

The latest director is named as Daniel Ernesto Calle Guden who was appointed on 21 February 2018.

It must also be remembered,  when they were operating in the past they were posing as a law firm yet their business activity according to the company register included purchase and sale of motor vehicles and food, the provision of all kinds of services such as accounting and financial advice.

So there we have it, the old firms up and running again, this time claiming that money has been awarded and is waiting to be paid out.

If you receive a call or email claiming to be from the Ministry of Justice, or some company appointed by the courts, then you can be sure it is going to be a scam.

Contact Inside Timeshare if you need any help on how to check out any company that contacts you or that you have found on the internet, doing your homework will save you from the scammers in the end.

The post Another Old Name Crops Up appeared first on Inside Timeshare.

Today’s article is from one of our readers, Andy contacted Inside Timeshare for help and advice regarding his timeshare, here is his story.

Like others on holiday we were approached in Bali and lured into the timeshare trap. It would be unfair to say that it was all bad, we bought a week in Goa, had some nice holidays out of the deal mainly on exchange basis. We were lead to believe we could use the week as we wanted, it would hold its resale value and if we eventually got to the stage of wanting to sell the timeshare there would be no problem.

Over the following years maintenance and exchange fees rose on a yearly basis, this coupled  with the availability of cheaper, easier to book and more adventurous  holidays the timeshare became more a burden than a pleasure. I contacted  the resort management company, which by then  had gone through a couple of name changes since we had acquired the original deal (Ivo, Royal Resorts  & Karma) . I enquired about the possibility of them  selling the lease on or returning it  back to themselves. They responded by saying  they do not do resale and forwarded a list of agents, none of which when contacted seemed that interested or would hold out much hope of a realistic sale price.

I turned to the internet to do some research and learnt of people spending more money to get out of a similar situation and ended up only being further out of pocket with no meaningful result. I went through the process of filling out enquiry forms for a couple of companies, getting the same responses, “invest more cash and we guarantee that you will be free”, even promises of more money back than we invested initially, eg: Sell my timeshare. Cold calls in abundance promising everything you could imagine, even a call from a source claiming to be the  Timeshare Ombudsman recommending a company that would help.

I began to realise that getting any money back was probably  going to be a fruitless task and had got to the point of just wanting to get rid of the burden,  so I tried to find out more about  relinquishing my contract. Whilst investigating this further I came across the  Inside Timeshare web page and began  reading some newsletters and reports about different companies involved in timeshare scams and false promises of help. I decided to use their contact page to query a few of the companies who had contacted myself especially the so called ombudsman who had previously  been in  touch. I started a dialogue with  Charles Thomas who  confirmed my initial concerns about these so called good Samaritans. We continued our conversation, exchanging basic information of my timeshare company dealings and discussed what I was hoping  to achieve in the end. Once l confirmed I only wanted to relinquish my agreement Charles offered to draft  a letter for me to submit and told me not to pay that years maintenance fee. Once amended I both e-mailed and sent a hard copy to the  company. Within a short period of time I received a reply stating that as I defaulted on my payment, my membership would be cancelled but I would receive automated reminders and to ignore them. After consulting with Charles regarding this reply he confirmed that this was a common response and that I am now free from it.

Apart from escaping from the timeshare nightmare the most gratifying thing to come out of all this was to eventually come across Inside Timeshare and Charles Thomas. It was the first time I felt that I had spoken to someone who really understood how I was feeling,  trapped into paying out money yearly and how these companies operated. It was refreshing to find someone who wanted to help improve your situation and have a discussion that didn’t involve parting with more money to achieve it. I know I have not recouped my initial outlay but I now have peace of mind and no further annual outlay.

There are many people out there in the same horror story, all I can say is, don’t give up, there are a few people that really want to help and not scam you out of more money.

Thank you Andy, Inside Timeshare is glad we were able to help you, his story goes to show how careful you need to be when dealing with any company contacting you. If Andy had not done his homework, it may have cost him thousands, now he is timeshare and maintenance free, all for the cost of some time researching his options.

If you need help in checking any company that contacts you, or even one you have found on the internet, contact Inside Timeshare and we will point you in the right direction.

The post Getting out of Timeshare: A Readers Story appeared first on Inside Timeshare.

Welcome to this week’s Letter from America, today’s article is not from our very own Irene Parker but submitted by another contributor Kevin Hopkins and his wife Brenda Hopkins, ex-Air Force, in the light of this article and the recent news regarding the President’s son in law, Inside Timeshare asks our readers the following:

How do you feel about Apollo‘s $184 million loan to Jared Kushner, no matter the side of your political aisle, knowing there have been over 30 members of the military and law enforcement who have filed complaints similar to Kevin and Brenda Hopkins, people who have put their lives on the line for us, alleging timeshare deceit.

Scotty Black, retired Navy, currently working in law enforcement, worried about his Security Clearance. Active Duty Navy couple George and Amanda Jones, worried about their Security Clearance,  previously published articles. Terry and Roxanne Hurley, 26 years Canadian army lost their entire life savings. Does Diamond care? Does Apollo? “You signed a contract.” It doesn’t matter what the sales agent said. Too many others to mention in an introduction.

https://www.nytimes.com/2018/02/28/business/jared-kushner-apollo-citigroup-loans.html

Roxane and Terry Hurley lost their entire life savings

http://insidetimeshare.com/timeshare-advocacy/

Samuel Melendez

http://insidetimeshare.com/nightmares-timeshare-street/

Amanda Jones

http://insidetimeshare.com/tuesday-slot-irene-3/

Use our comments section to leave your thoughts, now on with Kevin’s story.

Diamond Apollo Points – An Investment Opportunity!

Think Again!

March 2, 2018

By Kevin Hopkins, Retired Air Force, Electronic Warfare

And Brenda Hopkins, Prior Air Force, Avionics

Our Diamond ownership:

Liki Tiki Orlando FL, deeded week with 2250 points (4500 every odd year)

Purchase price in 2010: $10,971

Maintenance fees: $747

Our Diamond membership:

3000 Diamond points purchased Jan 15, 2017 in Orlando

Sales agent: Sofiane Mannai

Purchase price: $14,100 including $2,951 charged to a Barclay card the same day

Amount financed through Diamond Financial Services: $11,643 @ 16.99%

Maintenance fees: $960

About a month after purchasing 3000 Diamond points, we realized things were not quite right. After a year, we realized we made a bad mistake. Yes, we signed a contract. The thing is though; almost everything we were told was NOT TRUE.

What Happened to Us – Our YouTube:

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

In January 2017, when we met with sales agent Sofiane Mannai at Grand Beach in Orlando, we told him that our biggest complaint about our Liki Tiki timeshare was increasing maintenance fees, over $700 for points we rarely used. Mr. Mannai had introduced himself as an Apollo Customer Service Representative. Mr. Mannai said we could lower, or even eliminate, our maintenance fees if we bought 3000 additional Diamond points. He said that with the additional points, we would become Platinum Members because we would be over 5000 points. “As Platinum members you will be able to sell back annually unused points at a rate of $.50 per point. The money can be used to pay your maintenance fees or whatever you want to do with it,” he explained.

However, Mr. Mannai wasn’t done. He went on to tell us that if we were not happy, starting January 2018, DRI will buy back our points because Apollo wants happy investors. Apollo Global Management is the private equity firm that had recently purchased Diamond. Mr. Mannai said Apollo wants Diamond members to feel that their Diamond points are more of an investment than a prepaid vacation that you may or may not use. Apollo/Diamond loves to buy back points at the price we were paying for them ($4.70) because Diamond can turn around and resell the points for $8 or $9. “It is free money for them. Also, Diamond points are going to be easier to use because Apollo is so big – travel sites are going to start using them like currency. All the major travel sites will have an option to pay for services using Diamond points instead of credit cards!” he added

We asked how much our maintenance fees would go up. “With 3000 more points, your fees would likely double, but think about it – if you sell back all 5000 of your points for $.50 a point, that is $2,500. You’ll be able to pay all of your fees and still have some leftover. Where else could you get such a good return on your investment? But you have to be at Platinum to use this program,” he further explained.

Let me backup at this point and say that we enjoyed our Liki Tiki timeshare but we rarely used it. This would provide a way for us to keep Liki Tiki and use it only if we wanted to. When we didn’t use it we could sell back points to avoid maintenance fees. This would be perfect for us.  

He gave us a timeline that Apollo would be rolling out these changes. This was done verbally of course. I remember because I wrote it down so that I would remember. I now suspect this timeline was a way to ensure that we waited past the rescission period before we complained. The “points as currency” program was scheduled to begin March, 2017, the $.50 per point buyback option June 2017, and the buy-back program January 2018. “These programs are still being implemented by Apollo, so it will not be in your paperwork,” Mr. Mannai added. He also said we were lucky to be receiving this offer now, before Apollo’s new benefits are announced, because the price will certainly go up once that happens.

Yeah, we fell for it. We fell hard. We spent $14,100 for 3000 points.

Our first surprise came about a month later when the additional points showed up in our account. We were not Platinum members. We did not have one account with 5250 points. We have two accounts, the original Liki Tiki 2250 points and the additional 3000 points. The phone calls began. We learned 5000 points is not Platinum loyalty level. Platinum requires 50000 points. The accounts cannot be merged because they are vastly different, one being a deeded account and the other a US Collections account. You cannot combine the points. I have tried. Also,

• There is no program to buy pack points at 50 cents a point
• There is no program to buy back timeshares from unhappy owners
• All travel sites do not accept Diamond points as currency

The only honest thing Sofiane Mannai told us was that our maintenance fees would double. They actually more than doubled.  Furthermore, there is absolutely zero resale value for Diamond points. We can’t even unload it.

We are not alone

Since January 1, there have been 31 similar complaints filed by Active Duty Military, Military Veterans and members of law enforcement or retired law enforcement. Some of their stories are chilling. All of their stories should be a major concern as some of our older veterans are tricked into losing most, if not all, of their retirement income. Some Active Duty members are in, or near to being in foreclosure, affecting their Security Clearances and careers. Many of their stories can be found on insidetimeshare.com such as this one by former Navy member, Scotty Black. In it, he also links several more stories. Note that the number of complaints he refers to has gone up since his article was published.

http://insidetimeshare.com/fridays-letter-america-36/

These 31 complaints are just the ones I know about. Many more report aggressive Diamond timeshare sales tactics. If you have been reading Inside Timeshare articles, then you probably know that Arizona Attorney General Mark Brnovich launched an investigation against Diamond Resorts in which a settlement was reached and an Assurance of Discontinuance issued.

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

Members who filed complaints described the same sales misrepresentations that we experienced in Jan 2017. Another class action lawsuit was filed against Diamond, this one in Nevada where Diamond’s headquarter is located.

https://www.insidethegate.com/2018/02/major-developer-sued-for-alleged-violation-of-securities-act-of-1933/

For us the hits kept coming… Since we bought the 3000 points early in 2017, we had to pay the 2017 maintenance fees. In March we got a bill for $956.

In November 2017 we received a bill for $960 for the 2018 maintenance fees on the 3000 points and of course the $747 for the timeshare bought at Liki Tiki.  

Alas, there was good news coming our way. In January 2018 I began talking to Diamond employee, Amanda Rody. She said we could finally merge our accounts.

All I had to do was purchase 2500 more points. We’re not making this up.

If I didn’t, our accounts would stay separate. I would have them FOREVER, and at least one of them would be passed on to my children along with the maintenance fees. We did not purchase more points, but we still have her offer in an email.

So….what did we do?

I started doing a lot of research and, like I said, we are not alone.  Eventually, I found this Facebook group.

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

There are literally hundreds (983) of members in our advocacy group with similar stories. If you are reading this and have an experience with Diamond, this group is worth a look.

We have gained the interest and support of Whistleblowers of America, an organization that seeks justice for military and government employees.

https://whistleblowersofamerica.org/

On January 27, 2018 we filed a complaint. We asked for a refund. It was immediately shot down with the typical “Sorry, you signed a contract.” The DRI Hospitality Consumer Advocates even scanned in little pieces of the contract I signed to show me what I signed. Diamond must instruct them to hide behind the contract’s fine print to side-step the true issue of sales agent misrepresentation.

A little more research and it turns out that what we experienced meets the FBI’s definition of white-collar crime, defined as “deceit, concealment, violation of trust and bait and switch.” The FBI has advised timeshare buyers who feel they were a victim of a bait and switch of a serious nature, like ours, to file a complaint at IC3.gov and to file a complaint orally by contacting their local FBI field office (prompt #4, then prompt #3 white-collar crimes). It is not legal for companies to use fine print to allow sales agents to make false claims. In addition to filing a complaint with the FBI, we have filed a complaint with the Better Business Bureau.

We will file a complaint with Florida’s Attorney General since that is where we purchased, and the Nevada Attorney General since that is where Diamond’s headquarter is located. We will file a complaint with Florida Real Estate Division against Sofiane Mannai. We are looking into how to file with the Military Complaints Board because there are protections that can and should be put into place to protect our Military and Veterans from predatory sales practices.

We are military. We fight back.

Thank you Kevin and Brenda, your story is becoming a recurring theme at Inside Timeshare, on a daily basis we are receiving more and more complaints. The US team are becoming overwhelmed with similar cases, so a great big thank you to all the volunteers who work so hard to get some justice.

If you need help or advice then contact Inside Timeshare, please let us know if you are a US or European member so we can direct you to the right team.

Have you been contacted or found a company on the internet and need to know if they are genuine and will what they say, then contact Inside Timeshare and we will help you to check them out. Remember doing your homework will keep you and your money safe.

Have a good weekend and join us next week.

The post Friday’s Letter from America appeared first on Inside Timeshare.

So Silverpoint has closed their sales offices and Mark Cushway has apparently moved to Dubai with a new company having taken over from Silverpoint.

The company is called Aspirantco SL, CIF: B76745504 operating from just across the road from Beverly Hills Club. Now the registered director of the company is Carl Alan Jenkins, the long time number two of Mark Cushway at Silverpoint.

Inside Timeshare reported sometime ago that Silverpoint had withdrawn their membership of the RDO, stopped selling timeshare and was moving into non timeshare products. It looks like we now have some answers.

Last month we published an article on a company called Centaurus Mediations, which we believe is linked to Silverpoint, the reason, they have been contacting Silverpoint clients, even knowing that some of those clients had court cases against Silverpoint. This only proves that they are using the Silverpoint client database, which can only have been provided by Silverpoint.

The story was that Silverpoint had gone, that no one would get the money the courts had awarded, that the contracts were not null and void as the courts did not have the authority to terminate them. So the only way to cancel them was to pay Centaurus to do it for them, at a price!

So what about Aspirantco in all this, well it now turns out they are marketing freehold on apartments at Beverly Hills Club, at rather inflated prices. Nothing really wrong in this, except it is being marketed to yes, you guessed it, Silverpoint clients!

The very same clients who over the years have been duped into the never ending “investments” peddled by Resort Properties and then continued under the name Silverpoint. These “investments” were for multiple weeks which according to the sales staff would then be sold on the resale market in two years and the “investor” would make a profit. Also while they were waiting to be “sold” the “investor” would also receive an income for rental.

As we know none of this really ever happened, “sorry but what you purchased is not what people want to buy” so they were just talked into upgrading their original purchases and parting with even more money, usually through expensive Barclay Partner Finance loans. Again these sales never took place and another round of upgrading took place.

Many of these clients have either been to court and won their cases or are waiting for them to be heard.

From information being received by readers, Aspirantco is offering these new investments in freehold to those very clients, to help save the original “investments” they made with Silverpoint. Obviously the original purchase will be taken into account and the freehold price will be discounted. Is this the reason for the inflated prices?

Now the questions that should be asked with these freehold sales are:

• Is there an annual maintenance fee or what is commonly known with freehold properties on a complex “Comunidad”?
• What is going to be the cost of this “maintenance fee or comunidad”?
• As Beverly Hills Club is classified as a resort for tourist purposes, has the licence been changed so those purchasers can live there?
• If they are not able to live there full time are they going to receive a rental income when not using?
• If there is a rental income who will be managing the resort and bookings on behalf of the purchasers?
• What sort of return are they being promised?
• If they are going to be receiving an income for renting their property what is going to be the situation with regards to the freeholders tax?
• Who is going to be responsible for the “tax” on the resort income?
• By selling the properties as freehold, is this just another way for the old company to run the resort they now own without the responsibilities?

With all the legal action and court cases against Resort Properties / Silverpoint we must ask the question if this is just a move to remove a serious thorn in the side of Silverpoint. The same as Silverpoint did when they tried to convince the courts that they had “bought out” Resort Properties were a different company and were not responsible for the past mis-selling, which they then continued?

These are questions that will only be answered in time, if you have been contacted by these companies,  Inside Timeshare would like to hear from you. It is from your comments and experiences that we will be able inform others of what is going on.

Have you a case waiting and been told that it will not be going anywhere? If so get in touch and tell us your story.

This is only the tip of the preverbial iceberg but we will be watching this story with great interest.

The post Aspirantco, Interesting Ties appeared first on Inside Timeshare.