On many occasions Inside Timeshare publishes news as it comes in from the United States, much of this comes from my colleague Irene Parker. Irene is a long standing Diamond member, although she and her husband are happy with the holidays and membership over the years, she has highlighted the main problems in many articles. Irene also publishes articles in The Street, an online financial journal, in these articles she mainly highlights the stocks and shares side of the many timeshare companies. Whether they are a good investment or not and the reasons behind some of the falls in these share prices. (see link to her latest article in The Street at foot of the page).

In many of her articles she also highlights what they call in America as the secondary market, or to us in Europe the resale market. The fact that no secondary market exists for owners of Diamond Resorts International, is one of the biggest complaints owners have. Another that we are very familiar with in Europe is the difficulty in being able to exit your membership. In the US, the perpetuity contract is not illegal, unlike in Europe where the EU Directives on Timeshare have stated contracts should be for no longer than 50 years. As we have seen from the Supreme Court rulings in Spain, this is actually helping people to get out of their contracts and in many cases being paid back the full purchase price for being sold an illegal contract.

Many people in America are watching the events here in Europe, especially in Spain, taking stock of the way timeshare laws are being implemented. Some are even wondering if these laws can be brought into place for them in the USA.

Following is the email she sent with a letter from Stephen J Cloobeck of Diamond, she also points out two complaints on Tripadvisor, then her own letter to Mr Cloobeck.

An Open Letter to Mr. Cloobeck from Irene Parker

A Message from Stephen J. Cloobeck

Dear Members and Owners, 

I am thrilled with the completion of the acquisition of Diamond Resorts by an affiliate of funds managed by affiliates of Apollo Global Management, LLC (“Apollo”), and am confident that this transaction will only enhance your vacation experience at Diamond resorts worldwide. 

Diamond Resorts was founded on the platform of The Meaning of Yes®, a customer-centric ideology that elevates the hospitality experience above all else. The company goes above and beyond to deliver exceptional vacations to its members, owners and guests so that you can enjoy a lifetime of memories and experiences that can be passed down from generation to generation. Over the years this platform has transformed into a core belief and our philosophy of We Love to Say Yes®. 

Recent complaint posted on Trip Advisor:

749. Re: Diamond Resorts International (Trip Advisor)

Sep 01, 2016, 10:10 PM

To Glenvine32 – my husband and I got caught in this scam to our incredible embarrassment. We thought we were smarter and I should have read reviews before we went to their presentation in May in Sedona, AZ. It was a 4 hour ordeal and we bought a worthless 2500 points which we have not used nor plan to. We have since heard from their own reps that we should have never been offered so few points, that those were add on points to be purchased by owners – not prospective buyers. We are retired and will never get value out of these points even if we buy more which we absolutely have no plans to do.

Having read so many negative reviews now I am concerned we will have little recourse. It’s bad enough losing the 13k but to be held to annual fees for at the rest of our lives? Have contacted them by phone and have drafted a letter to send by registered mail. Probably won’t get a reply. I don’t want to resign myself to the loss of the money but what’s worse is how it will affect my credit. Any thoughts? How did you do?

Complaint #2

I am at the Cancun resort in Las Vegas and went to a breakfast where they said they would simply update me about the changeover to Diamond. I was told that I should have been invited to a dinner where I would have been given options, decided by a judge in a legal ruling against Monarch due to their bankruptcy. They proceeded to show me a print out that said when my current term expires in August. I would have to pay $573 per quarter to Monarch. They said that due to the bankruptcy, I would have no equity. That was option one. Pay more, have nothing. The other option they said was to transfer into Diamond at a cost of $12,000 plus and pay a yearly maintenance fee of $1,700. Less than the $2,292 I would soon be giving Monarch. They also told me that I would then have equity of $41,000 that I could sell. I was in tears. I do not have any extra money. In fact I have been looking for ways to get out of Monarch for over a year now. They said that was not an option and that as an owner, I was now proportionally responsible for their debt. I felt trapped and signed all the papers to transfer, with no idea how I can pay. After reading the comments above I am even more scared. I am trying to start my own business and am already in severe debt. They claimed when they ran my credit though that it looked better than most and assured me I qualified for financing. I would have to pay off, basically transfer to credit cards, which I can barely make my payments on now before I could look to sell. One of the reps assured me that she would put me in touch with someone who could help me sell my points. She even gave me her cell phone number to call after the sale/transfer is finalized. I am really scared though. Please help! We have to do something. It seems as though they have no qualms about lying to and robbing people for their own benefit.

September 5, 2016

Dear Mr. Cloobeck,

If I were you, I would be thrilled with the millions you and other insiders made on the Apollo leveraged buyout; along with the millions paid out in executive compensation.  For Diamond owners who are widowed, elderly, ill, unemployed or victims of high pressure sales, slogans like “Stay Vacationed!” and “The Meaning of Yes” feel like a cruel taunt.

According to a Kroll Bond report, Diamond employs 90 full time collectors making over 100,000 calls per week via a dealer. These calls originate because of being told no. All firms have a few bad apples and complaints on the internet, but complaint sites are flooded with Diamond Resort and Westgate complaints.

Please explain to me how the contract I signed is different from a junk bond in that it became worthless the moment I signed it if I could no longer travel and needed to sell. In the subprime mortgage debacle, even properties foreclosed could be sold.

My husband and I have used and enjoyed timeshare for over 25 years without a question or complaint until Diamond purchased ILX. We signed a contract that said we could sell points. We also asked several times if we would be able to sell points if we could no longer travel and were told we could.

The first person who told me Diamond points cannot be sold was attorney Bob Massi of the FOX show Property Man. After Property Man aired a segment explaining how to unload a timeshare, I contacted David Cortese of Magical Realty. Mr. Cortese was featured on a Property Man segment stressing the importance of using a licensed resale broker to sell a timeshare, rather than listing or transfer agents that come with a minefield of scams.

I wrote to Mr. Massi after enduring a pathetically aggressive sales presentation at Grand Beach in Orlando last July. We were promised three times we would not be paired with a commissioned agent. We were greeted and tortured by three commissioned sales agents.  

In a timeshare presentation, an agent gleefully explains how Diamond has many affiliated resorts. Our daughter lives in New York City. In searching for a Diamond location, I found a Diamond affiliated resort. It required 63,000 points. It was the least expensive offered. This equates to over $10,000 in our maintenance fee dollars. Booked through the hotel, the cost including taxes is $2,693.  I will be sending a copy of this letter to NY Attorney General Eric Schneiderman, one of the few AGs actually on the side of the consumer. I doubt there is a sales agent in the Diamond organization that would explain affiliated properties are not discounted. A Diamond representative explained that these Diamond offers are for platinum owners who have so many points they don’t know what to do with them. They are probably short on math skills.

Never imagining I would earn a response from Mr. Massi, I was contacted and learned the show received a multitude of timeshare complaints after airing “The Queen of Versailles”. The producer told me I was the only person selected for an interview because I was the only person that said I would like to talk about timeshares positives in addition to the negatives.

It is my understanding that not one member of the 64 member Licensed Timeshare Resale Broker Association will buy or sell Diamond’s non-deeded points or Westgate weeks due to restrictions placed on the use of points purchased on the secondary market and other tactics designed to restrict the secondary market.  I also leaned members of the LTRBA will buy and sell all Diamond’s competitor programs except Westgate. I sent a survey to all the members and received 16 responses. These I compiled and forwarded to the Attorney General of Arizona and the Consumer Financial Protection Bureau.  

The Trip Advisor complaint I included with this letter has convinced me that Diamond has become so brazen; the company is confident it can get away with anything indefinitely and unchallenged. Unless an owner is fortunate to live in a state like New York or Tennessee, Attorney Generals do not seem to consider timeshare abuse a cause worth pursuing.

Many of the complaints are about availability and maintenance fees. The 15% pure profit Mr. Palmer bragged about to shareholders, added on to maintenance fees, is excessive. In a Latticework article written in cooperation with ADW Capital, the lack of a secondary market is mentioned as a reason to buy Diamond stock. From my research, I have determined Diamond and Westgate are the only two timeshare companies that have restricted the secondary market to the extent it does not exist.

I have written an article entitled Sometimes a Diamond Resort Dream Vacation Turns into a Nightmare. Diamond’s in-house council, Ben La Luzerne, said he hoped he could help the Saldana family devastated by Diamond’s rising maintenance fees and victim of high pressure sales. They were told to get a home equity loan to reduce Diamond’s high interest rate.  I am still waiting to hear back from the family before publishing the article, hoping for a positive outcome.

What I am asking, is for Diamond to reach out to a few members of the LTRBA to see what would be needed to create a secondary market. Unlike most internet complainers, I can live with the maintenance fees and the problems with availability. I would like to enjoy my retirement instead of researching, on a daily basis, how Diamond is ruining the financial lives of so many, especially the elderly.

I look forward to hearing how we can work together to stop the harm Diamond is placing on the ill, the widowed, the elderly, the unemployed and the victims of the oral representation clause protecting Diamond and be able to say YES! to the people .

Sincerely,

Irene Parker

The Peasant of Venice (Florida)    

As you can see, our cousins across the pond are not very happy with how Diamond Resorts International operate. They too are locked into contracts which are almost impossible to extricate yourself from. The fact that their so-called investments in Vacation ownership Interests (US term for holiday ownership) are virtually worthless. Lets hope that they take stock of what is happening in Europe and use it to help the many owners in the US to get some protection.

Inside Timeshare thanks Irene and the many others who have contributed to the information we share with you, we also thank the many readers in the US for their support of this publication.

If you have any questions about this article or any other matter, Inside Timeshare will be pleased to answer them. If you are looking for advice on who to go to for cancellation of contracts or possible claims, Inside Timeshare will help point you in the right direction.

Link to The Street article by Irene Parker

https://www.thestreet.com/story/13653117/1/the-timeshare-industry-has-improved-its-reputation-but-still-faces-scrutiny.html

The post News From Across the Great Lake. appeared first on Inside Timeshare.

As we all know trying to sell your timeshare or as they like to call it today “holiday ownership”, is a bit of a minefield. Who can you trust?

Our friends from across the Atlantic have the same problems, you think you have got rid of your timeshare, then suddenly you receive the annual maintenance bill. The resort does not recognise the transfer. This happened to many people who ended up buying into Designer Way Vacation Club several years ago.

With this particular scheme, you “sold” your timeshare to DWVC but had to pay many thousands of pounds to become a member of their club. The perks, well, you could stay in the same resorts for a fraction of the cost, discounts on flights, and off course no more maintenance bills. Oh yes, I almost forgot, you also were given a “cashback” certificate, this was for the value of your timeshare plus a bit extra for the cost of your membership. Then after registering it (which was a nightmare task), you had to wait around 5 years for it to mature. If you were lucky you may have got a few quid back, that’s if you claimed correctly.

Then after finding that the so called “discounts” were not what you were told at the presentation, (actually costing more), you suddenly received a maintenance bill for several years arrears. All this with the threats of legal action by a debt collecting agency. DWVC did not transfer your timeshare, or the resort did not recognise it.

This has also happened to one old lady who owned a MacDonalds timeshare, Yes, I am referring to Mrs B. Her timeshare has been sold for 1euro, (she actually paid the company around £7,500 to relinquish, not sell it). MacDonalds is now chasing for maintenance arrears because they do not recognise the transfer.

Following is an article written by Tom Tubbs, an advisory member of The National Timeshare Owners Association, the American equivalent of TATOC. In this article he clearly shows how some companies in the US operate and how it affects the resorts and owners. This was sent to me by my American colleague Irene Parker.

By Tom Tubbs

Island Consulting Realty – NTOA Advisory Board Member

We’ve all heard the radio commercials, received the postcards in the mail, seen the TV ads, seen the web sites:

“Get out of your timeshare now! Call us today. Guaranteed or your money back!”

“You own a timeshare you can’t sell? We guarantee to get you out”.

“Dear friends. This is ‘Mr/Ms. Celebrity’. I trust these people”.

Now, think back. Remember the similar ads we heard from different companies years ago? Where are those companies now? What happened to them? Are these just new companies who rose up to fill in the gap? Hmmm…..

So, how is it that you could sell your timeshare but continue to be on the hook for the maintenance fees? What I’m going to share with you is a real story that is taking place right this minute. The names are changed, obviously. The way it’s being handled is not brand new, but relatively so and it’s happening more and more and more. Read the story and make sure you don’t fall victim to this.

So we’ve told you in the past about “transfer companies”. You pay them $3500 or so and they take your time share from you and they promise that your days of owning a timeshare and paying the maintenance fees are done. Many of these are perfectly good timeshares that could be sold and money put into the pockets of the owner, but if you’re a reader of this newsletter you know the stories the transfer companies tell you to convince you to give up your money. These companies for the most part have no real estate license so that they don’t have to worry about a state agency looking over their shoulder. Many of them come and go quickly…..with your money.

But there’s a new sheriff in town. A company called Timeshare Transfer Registry (real name) monitors timeshare transfers. They are especially suspicious about transfers going into the name of an LLC or Trust. Suspicions go up when they see 10, 20, 50, 100 or more timeshares being transferred into the same name. Resorts can register with TTR to try to protect themselves from being deceived by the transfer company.

So here’s what happened. “ABC Resort” (names are changed now) gets a copy of a recorded deed showing one of their owners sold their timeshare to “Whoopie Doo, LLC”. The resort contacted Timeshare Transfer Registry and learned that Whoopie Doo owns a LOT of timeshares. It’s looking pretty obvious that the LLC will never pay the resort a maintenance fee and the resort at some point will have to foreclose (that’s what happened to your timeshare). You don’t care, right? You’ve sold your timeshare and the deed is out of your name, right? Wrong……to an extent. You’re definitely going to care. Here’s why.

The resort notified the LLC that they noticed the LLC has purchased a LOT of timeshares and it looks like an obvious case of a transfer company about to dump the timeshares on the resort; costing the resort a ton of money. The resort refused to acknowledge the transfer.

In an interesting twist, the LLC contacted the resort and swore up and down they were not the same “Whoopie Doo, LLC” that owns so many time shares. Seriously? Really? The resort contacted National Timeshare Owners Association (NTOA, http://www.NationalTimeshareOwnersAssoc.com/) asking for advice. (Now in the interest of full disclosure I want to mention I am on the advisory board of NTOA. Before I became a member of the board, however, I was singing the praises about this organization for a long time. Becoming a member [talking about you, dear reader] is not a bad thing. You know I would never steer you wrong). I was asked my opinion about this. I advised that the resort tell Whoopie Doo to go pound sand. Whoopie will probably threaten legal action but the resort should stand firm. The last thing con artists like Whoopie Doo want to do (hey! That rhymes!) is walk into a court of law.

So now here is an interesting situation. You’ve paid a company $3500 to take your time share. You have signed the deed over to this LLC. You actually no longer own the timeshare, this is technically true. But the resort is refusing to acknowledge the transfer which means you are still on their books as the owner and you’re going to get a maintenance fee bill each year! Congratulations! Now, you won’t find this out until you get your bill next year. By that time, good luck on finding those nice folks who took your $3500. You now no longer own a timeshare and you’re on the hook for the yearly maintenance fees.

“Wait”, you say, “How can the resort refuse to acknowledge a lawfully recorded transfer of a deed”. (we heard you thinking this). Well, there’s this little thing called fraud. It was a fraudulent transfer designed to make money by bringing harm to the resort. (As a side note: Some resort who have been burned by this are now suing not only the folks behind the LLC but also the original owner [that would be……you] claiming fraud).

So how do you protect yourself? First, if you find yourself in a situation where you want to sell your timeshare, call us. It’s what we’ve done for folks for the past 30 years and we offer different programs depending on what you have and your particular situation. There’s not many folks we can’t help. And for the few we can’t help, we can refer you to the right person who can or offer free advice on what to do. Secondly, if you’re bound and determined that you trust that famous celebrity or the nice person across the table from you who wants you to pay them a lot of money, ask them for a copy of their real estate license. They should offer no excuses, no “this doesn’t apply to us” stories; they either have one or they don’t. If they don’t, well……..I’d hate to be writing a story about your situation in an up-coming newsletter.

At least in the US there is a company which tries to ensure this does not happen, The Timeshare Transfer Registry, but even with this in place the scam still goes on, not only losing thousands for the owners but also for the resorts.

So what can you do about not getting caught, unfortunately there is no straight answer. All you can really do is check the company and check again, ask your resort do they recognise the company you are dealing with. If you are undertaking a private sale, again check with your resort on how the transfer is done legally. Once the transfer is complete, again check with your timeshare company or resort that you are no longer registered as the owner and liable for maintenance.

The biggest problem is actually finding someone who wants to buy it in the first place, just look on ebay! There are alternatives to trying to sell, some resorts will take them back, for those that do not, then there is a legal process of relinquishment. Yes this will cost, the amount again depends on the company, but beware, as Mrs B found out she paid for a relinquishment but ended up with a transfer of ownership to another person and this is not recognised by the resort.

If you have any questions about this article or any other timeshare matter, Inside Timeshare is here to help. Contact through the comments section and will find the answer or point you in the right direction.

The post More From Across The Pond. appeared first on Inside Timeshare.

Following on from some of the articles highlighting the problems timeshare owners have in the United States, Irene Parker sent Inside Timeshare the following link:

http://www.foxnews.com/leisure/2016/06/09/tired-your-timeshare-heres-how-to-unload-it-without-losing-money/

Bob Massi is a Las Vegas attorney known as The Property Man hosting a show aired by Fox News, who is a very determined advocate of the rights of consumers. In one case Irene points out a couple he helped resolve the issue of their bankruptcy, it took them five years to attempt to buy a house, then they found that the bank had not foreclosed in the first place.

He has also highlighted the problems in the timeshare world and as you can see from the video, gives the consumer some sound advice. He points out that unlike real estate, timeshare does not appreciate in value, that many owners if they are able to sell, only recoup a fraction of their original investment.

So this is not just a problem we have in Europe, it affects timeshare owners in the US. In his article, he points out how to sell the timeshare or how to just get out, in the interviews with licenced resale brokers they explain how to safeguard yourself from the “scam artists” that promise the earth and deliver nothing. He also explains how one particular scam works, this is where you have listed your timeshare for sale on a marketing website, the next thing you know, a bogus company is in contact with you saying they have a buyer. (Think of the corporate buyer pitch or even the Russian market one, we have many buyers waiting!). Now in order to conclude this “deal” a closing fee is required upfront, guess what? You never hear from them again.

According to the video, timeshare is in the top 10 of scams in the US, this is probably the same for Europe. He also interviews the Florida Attorney General Pam Bondi, in this she states they worked with the timeshare industry to enact laws to curb this abuse. She points out that since the laws were put into place they have closed down numerous firms, around 41, in many cases they have also secured convictions.

In the US, as we have highlighted before timeshare is regulated by real estate laws, sales staff must be licensed, if not they can’t sell the product. For those in Europe who own timeshares across the pond, the problem of how to get out is even more difficult, mainly because of the differing state laws and the distance involved. There are some companies in Europe who can help to get out of the timeshare, but if you are looking to sell, this article will help. You could also contact The Licensed Timeshare Resale Broker Association, (see link at bottom of the page), it consists of 64 members and works completely within the legal framework, all members must adhere to regulations and the codes of conduct set out by the association. But remember, as stated in the video many timeshares sell for only 10% of the original purchase price, contrary to what you were told at the initial presentation.

Irene and her husband have also recorded an interview with Bob Massi, it is hoped that this will be broadcast in the Autumn (fall in American), when it is we will publish the links here. We also look forward to more articles in The Street by Irene, including one she is working on now.

The following link is an article about Bob Massi, it gives a very good insight into the man himself, the type of work he engages in and what it means to him, Hope you enjoy it.

http://www.reviewjournal.com/business/longtime-lawyer-sees-himself-advocate-underdogs

If you require any further information about this article, or any timeshare matter, contact Inside Timeshare. If we don´t know the answer we will find out for you.

The post More News From Across The Pond: Bob Massi The Property Man appeared first on Inside Timeshare.

Further to the article highlighting The Property Man Bob Massi, Irene Parker informed Inside Timeshare that all States except one define VOI (Vacation Ownership Interests, points) as real estate. However Diamond‘s own contracts state (although buried within) insist that the membership is not real estate. The Diamond annual report also states they are not subject to real estate laws.

All this is very confusing to say the least, even Irene is confused and she lives in the US! So she kindly put me in touch with one of her contacts who was once a sales agent ILX and the after the acquisition and Diamond agent. Mark is a licenced broker, for 4 years he has been challenging the ADRE (Arizona Department of Real Estate) regarding “fraud” in the sales process of Diamond products. He has kindly sent the following information, which I have produced below, the reason is he explains it better than I could, after all I did say it was confusing. The following is his story:

Key to abbreviations:: ADRE Arizona Department of Real Estate. VOI Vacation Ownership Interest: AZ AG Arizona Attorney General.

In Arizona any sale of a property interest within the state requires licensing of ALL sales agents. All transactions are to be reviewed by the designated broker or their licensed assistant. The designated broker is liable for all transactions, and conduct of agents. The conduct of all agents is regulated by statute, Diamond has a designated broker in Sedona for all their properties.  

ARTICLE 11. PROFESSIONAL CONDUCT
R4-28-1101.
Duties to Client
A.
A licensee owes a fiduciary duty to the client and shall protect and promote the client’s interests. The licensee shall also deal fairly with all other parties to a transaction.
B.
A licensee participating in a real estate transaction shall disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction

While Diamond trains (requires) its sales agents to commit fraud, there is a clause in the brokers manual (which is not disclosed by broker) which states that the agent shall indemnify Diamond in the event of ANY action is taken against the company for misrepresentation, to the extent that the agent will even cover Diamond’s legal fees. I brought up the fact that the broker did not disclose this at the time he required me to sign a receipt for his manual, agreeing I understood and would abide by the terms however ADRE was not interested.

Most RE development within the state requires that all buyers receive what is called a public report It is  viewed by ADRE as a disclosure document that carries sufficient importance to the buyer, that pre- approval of its content by ADRE is required before sales can commence. Diamond and other companies selling VOI’s in the state are required to give buyers a public report.

It is important to note that it is a somewhat generic document and does not include material information regarding how a timeshare interest is structured, no explanation of the difference between a deeded interest and a VOI, or mention of relevant statue regarding sales and administration of these systems. This has left the door open for pirates like Diamond to circumvent disclosure requirements mandated by licensing, while openly committing fraud in the sales process. By alerting buyers to the existence of their RE license Diamond agents falsely present to buyers that they are being protected by RE statute.

In general real estate ALL sales must include a sellers disclosure document that requires all known material facts affecting the value of real estate being sold be disclosed by the seller. It is known as a SPUDS and intentional withholding of material information is grounds for civil litigation and other administrative penalties.. As I have been arguing repeatedly with the AZ AG and ADRE, since no SPUDS is given in connection with a timeshare, the sales presentation constitutes an oral SPUDS with appurtenant disclosure obligations.

During my 6 month tenure with Diamond I filed multiple administrative complaints against Diamond’s designated broker for lack of mandatory supervision. ADRE investigated those complaints and would not have done so if Diamond’s product was not considered real estate and subject to applicable statute. I was required to maintain an active license to sell Diamond’s poisoned pill. I have found in public records that Diamond’s broker entered into a consent order, and paid a fine for allowing an agent to continue selling VOI product after his license expired. ADRE could not have taken these administrative enforcement actions without Diamond’s VOI being legally defined as a real estate product in AZ.

This was the basis of my argument to AZ AG and ADRE that institutionalized fraud was being committed on the public by lack of enforcement pertaining to regulation and the insistence of continuing to classify VOI’s as a real estate holding when in fact Diamond’s own contracts states to the contrary and insists in clear terms (buried in an obscure place) that the membership is not a real estate interest. Clear as mud, that’s how they like here in sunny AZ.

As you can see, things are not as clear cut as we thought, Europe is not as big a minefield as the US. But this could be a very big problem for those in Europe who did purchase in the US, especially as they would not be aware of the regulations there.

As more information comes in, Inside Timeshare will publish it here, thanks to Mark and Irene for their input into these articles, it has helped to clarify some important points.

If you have any questions or information regarding this or any other article, Inside Timeshare would like to hear from you.

The post US Real Estate Regulations Update. appeared first on Inside Timeshare.

So it has finally happened, the news broke yesterday afternoon that Ragnar Lyng, the heir to the late Bjorn Lyng founder of Anfi, has sold his 50% share to Lopesan IFA. It is reported that Lopesan has paid 41.3 million euros with the papers having now been signed.

The deal has been on the cards for around ten years, since the death of his father none of the Lyng family have lived in Gran Canaria. All of the legal problems that have beset the partnership with Santana Cazorla have been bitter and very public. There have been battles over control of the board, court cases involving millions of euros which have been diverted to the Cazorla Group, as well as a long running court battle which also involved Lopesan.

The newspaper La Provincia 7/2/2013 reported that Santana Cazorla provided a Promissory note to avoid foreclosure of ANFI by Lopesan who claimed a debt of 14 million euro. Lopesan claimed the ANFI Group owed 14 million euros for the land in Tauro purchased from the Cardenas family. Lopesan claimed it was owed this as they had bought a Cardenas debt.

The Lopesan Group is well known on Gran Canaria, it has many hotels which are of a very high standard, 3 of which are located in Meloneras. Lopesan has no timeshare interest and are purely a hotel chain, so this begs the question what are their plans? Will the Anfi resort become another all inclusive, what is going to happen to the timeshare owners?

Over the past 18 months Anfi have been beset with severe legal problems, the Supreme Court has made a staggering 17 rulings against Anfi. These cases which have been brought on behalf of purchasers of the Anfi timeshare product by the local law firm Canarian Legal Alliance, has cost the Anfi group millions of euros. There are still over 100 cases waiting to be heard by the Supreme Court, with hundreds more pending at the lower courts.

Along with the investigations into the Tauro Beach project, which has already resulted in the head of the Canarian Coastal Authority being sacked, there is the possibility of more court cases of a much more serious nature in the pipeline. Could all this be the reason that Santana Cazorla himself has “retired” to Morocco as published in a previous article, the fact one of his bitterest rivals is now a 50% shareholder, along with the possibility of charges over Tauro Beach, does make it look like he has actually “done a runner”.

The main question now is what is going to happen in respect of the Anfi members, will this new partnership of “enemies” have an effect on the resort? Are Anfi still going to be selling its product, or is the sales side going to close? These and many other questions will eventually be answered and Inside Timeshare will publish the news as it comes in.

Search Anfi for all the articles previously published, click on the links below for some of the main events.

If you have any questions about this subject or any other article contact Inside Timeshare and we will try to answer them.

http://thecanarynews.com/anfi-del-mar-sold-to-ifa-for-e41m/

http://insidetimeshare.com/great-anfi-battle-partners/

http://insidetimeshare.com/anfi-boss-cazorla-going-morocco-retirement-escape/

http://insidetimeshare.com/irregularities-anfi-tauro-beach-project/

The post Lopesan Buy Out the Lyng Family´s 50% of Anfi. appeared first on Inside Timeshare.

Yesterday Inside Timeshare published the news that Ragnar Lyng had sold his 50% share of Anfi to Lopesan. Gran Canaria Info, an online news and information site also published the story, they also asked one question, why so cheap?

Thinking about this, 41 million euros is a rather low price for the Anfi resort, even if it is only a 50% share. One has to ask is it because Mr Lyng just wanted out due to all the problems he and Anfi are having?

You do have to wonder at this, after all it is one of the largest timeshare concerns in Spain, and definitely the largest in the Canaries. It consists of 1000 apartments, over 30,000 members, a marina, 2 golf courses and a huge commercial center. Then there are the plans for the new beach and marina at Tauro, which will also include a new shopping center and new hotels which will have around 5000 to 7000 beds.

We know the Cazorla side have the controlling share, with Santana Cazorla having control of the board of directors. Somehow I cannot see Lopesan putting up with that situation, there must be something else in the pipeline. We also know from other news reports that Santana Cazorla has “retired” to Morocco, all this under the cloud of the investigations into Tauro Beach, with a senior official being dismissed along with others who must now be fearful of the same as well as being under threat of prosecution.

It is also known there was no environmental study carried out on the project, which means we do not know what impact the 70,000 tonnes of untreated Saharan sand would have. The fact this beach project is also only 300 meters from a special area of conservation, should have been a major point of having full and detailed environmental reports. All this has come out because of the investigation instigated by the Guardia Civil into the project, for the Guardia to be involved it must be extremely serious.

Then we have the residents of Tauro Beach, it was only in August that many of the homes were flooded. These floods are a direct result of the man made beach, the natural protection from high tides was removed, thereby allowing the sea to just wash over the beach and cause mayhem. These residents have also made official complaints to the Guardia Civil, adding even more pressure on the beleaguered Anfi Group.

This is a story that will not be going away for some time, again the question must be asked, how is all this going to affect those 30,000 members of Anfi? After all even without the developments of the past month, Anfi have been severely battered in the courts, with 17 Supreme Court rulings made against them on behalf of clients represented by Canarian Legal Alliance. So we now wait for the next chapter in this story.

If you have any questions or concerns about this or any other timeshare matter, contact Inside Timeshare and we will try to answer them. If we don´t know we will find out for you.

http://www.gran-canaria-info.com/news/what-on-earth-is-going-on-at-anfi-del-mar

http://www.gran-canaria-info.com/news/what-on-earth-is-going-on-at-tauro-beach

http://insidetimeshare.com/irregularities-anfi-tauro-beach-project/

http://insidetimeshare.com/great-anfi-battle-partners/

The post Lopesan Buys Lyngs Anfi Share Update. appeared first on Inside Timeshare.

Recently many Diamond owners have been receiving a text message sent from a UK mobile number,  07740588468. This number is an O2 UK, and according to checks made in the UK it may be a “burner phone”, this means it is untraceable. It is linked to a facebook page https://www.facebook.com/mrpea.jonathan?hc_location=ufi

This page shows no information at all, no details in the about section and no posts. The text message that has been received is as follows:

Hi Mr & Mrs XXXXXXX

It’s Jonathan here, I work on behalf of a specialist litigations team here in the UK and We are in the process of tracing clients who have had dealings with various Holiday Ownership companies.

It is important to say that we do not buy or sell any type of holiday ownership.

The reason for this message is due to the recent changes in the Law many contracts signed with such companies are now illegal, therefore making them null and void, This means you may well be able to claim back the full purchase price of what you own.

Do you still own anything such as timeshare or holiday ownership??

Did you purchase or upgrade in Spain after January 1999??

Have you switched to Fractional Ownership??

Due to rulings by Supreme Court the law has been Strengthened to protect YOU the consumer.

If you made any payment for your ownership within the 14 day cooling off period or even had a finance agreement arranged by the sales staff on the day you signed the contract, this will make the contract illegal and you are entitled to have them cancelled and get your money back.

Other changes are if the contract is in perpetuity or a period of more than 50 years, this also entitles you to a claim.

Another change in law is that points or floating week’s systems have also been declared illegal, as you are not guaranteed availability in the same way as the fixed week system.

Do you own with Diamond resorts who have just announced yet another take over, are you worried about man fee increases again?

Do you fall into any one of these categories?

If so just reply back “YES” and myself or another advisor will be glad to contact you with some advice regarding your situation and how we proceed to make a claim and put you on the right track to getting all your money back.

Kind Regards

Jonathan

This information has been circulating on the Diamond Resorts International Members facebook group, with many comments from owners who have received it. It is believed that this may be ex-Diamond employees who have the Diamond members data. One owner has been in touch with their resort, Sahara Sunset, who have stated that it is more than likely to be a scam, also confirming that it may be ex-employees who have stolen the data base.

There is no mention of any company within the text or facebook page, so Diamond owners should be very wary about answering the text message.

Although the information in the text is correct in regards to the rulings by the Supreme Court in Madrid, with contracts made after 5 January 1999 which could possibly fall into the realms of being declared null & void, along with the possibility of claiming back the purchase price. Inside Timeshare urges caution.

If you you require any information regarding this subject or have any information which may be of use to others, contact Inside Timeshare and we will publish it.

The post Diamond Owners Receive Text Messages, But From Who? appeared first on Inside Timeshare.

It has just been announced the Supreme Court has made a significant ruling against Puerto Calma, Holiday Club Finland.

Clients of the law firm Canarian Legal Alliance have been awarded a staggering £235,542 plus interest and legal fees. The contract was also declared null and void.

According to CLA, their clients knew they were purchasing a timeshare, but Puerto Calma tried to disguise this by stating they were buying a share of the property. This is commonly known as Fractional ownership, which apparently comes under timeshare law not real estate. The contract was signed before a notary in order to improve credibility, but the Supreme Court has stated that this is timeshare and therefore comes under the timeshare laws as laid out in Spain.

This will have a significant impact on other timeshare companies who sell Fractional ownership. In fact the First National Trust Company, who are the trustees for the Club la Costa Fractional Property Owners Club, did state in 2012 that Fractional should not be sold as an investment, which would suggest that even they believe it comes under timeshare laws. This ruling would seem to verify that position. (see following links)

http://insidetimeshare.com/fractional-what-is-it/

http://clcmembers.blogspot.com.es/

It was also announces on 19 September, that CLA had a victory at the High Court No3 in Tenerife against Silverpoint / Resort Properties. Their client this time was awarded £16,722 plus legal interest with the contract being declared null and void.

In this case the court followed the rulings of earlier Supreme Court decisions that contracts in perpetuity are illegal. Again this show the significance of the influence the Supreme Court is having on the lower courts.

So it would seem that Canarian Legal Alliance is going from strength to strength, achieving victories on an almost daily basis. The tenacity of the lawyers is certainly paying off, So congratulations the legal team and their respective clients.

If you require any information regarding this or any timeshare matter, please contact Inside Timeshare and we will point you in the right direction.

CLA Supreme court success against Puerto Calma ( Holiday Club )

The post Latest News: Massive Victory for CLA Clients. appeared first on Inside Timeshare.

The latest news from those intrepid lawyers at Canarian Legal Alliance is again hitting the papers. El Diario has published the news of two Supreme Court sentences, these are against Puerto Calma Holiday Club Finland and Tasolan SL at Palm Oasis.

The ruling against Puerto Calma was made for breaches in the selling of fractional ownership, the court ruled that this was not property as indicated by the sales division, but was indeed timeshare. It also upheld previous rulings that contracts over 50 years are illegal. In this case the client received a tremendous award, £235,542 plus legal fees and interest.

As for the Palm Oasis ruling, again it was the over 50 years contract, as yet no indication of amounts awarded have been published. These ruling are becoming a regular almost weekly event, going to show that the laws will be enforced, and the decisions made by the Supreme Court will stand.

http://www.eldiario.es/canariasahora/tribunales/sentencias-Supremo-timesharing-Gran-Canaria_0_562744176.html

In another article on their website, CLA have told the story of Mr & Mrs Grant. Their case went to the Supreme Court in July, their Anfi contract was declared null & void as per the over 50 years ruling. Mr & Mrs Grant took time out from their holiday to visit the CLA offices and personally thanked the team for all their hard work and efforts. This must have been appreciated by the members of the CLA team, who must have also had great big smiles like the Grants in the photograph.

News was also published on 22 September that another Supreme Court ruling had been made, once more this was against Anfi. The court again upheld previous rulings that contracts over 50 years are illegal. So another UK family have had their contract declared null & void, with an award of £31,548 including legal fees and interest being made.

Once again congratulations to the legal team and to all the families who have been victorious, to those waiting for their cases, be patient, the law and the courts are on your side.

If you have any questions about this or any other article, contact Inside Timeshare and we will be pleased to help.

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

http://www.canarianlegalalliance.com/anfi-supreme-court-21/

The post More News from the Supreme Court. appeared first on Inside Timeshare.

There are many trade associations which have been setup to represent the interests of their particular industry, but also to ensure that the public / consumer is also protected. So what about the timeshare / holiday ownership industry?

The trade body for this industry is the RDO, Resort Development Organisation, formerly the OTE, Organisation for Timeshare in Europe. It purports to represent the interests of resorts, developers, resale companies and consumers. But there seems to be a problem, it will not investigate any of it’s own members, even when there have been blatant breaches of regulations and their own codes of conduct. (see link: Tenerife Court Rules)

It is well known there are many cases going through the courts against RDO members, but nothing from this organisation acknowledging the fact. Look at the RDO website, the news section carries not one word about the 21 Supreme Court Rulings made against at least 3 of it’s members. The latest being another against Anfi, a long standing member of the RDO, yet again the RDO says nothing. (see CLA links)

At present one law firm has over 2000 cases at various stages of preparation going to court against RDO members, again nothing from the RDO apart from denials that any infringement of the laws have taken place. In other words don’t worry boys we will put a spin on this and protect you.

Only recently, Holiday Club Finland and Palm Oasis (Tasolan SL) have had rulings made against them, the RDO has said nothing. You the consumer are being kept in the dark, according to the RDO the judges have got it wrong, (even when they are unanimous decisions by a panel of 12 judges). They say these cases are not genuine, they are frivolous and even indicated that anyone winning a case will be liable to pay for all the holidays taken. Hang on, have you not already paid for them with maintenance fees? (see link: RDO Trying to Scare Anfi Owners)

What is the mission of the RDO?

To put it simply, to ensure the interests of their members are served. They state they have a code of conduct and ethics, one of which is all members shall abide by any laws in the country in which they operate. This also includes the EU Directives on Timeshare. Yet for years they have ignored the fact their own members are operating outside of the law. According to their website they have a consumer policy which allows consumers to file complaints against its members. But in another paragraph they clearly state they will not mediate in any dispute and the consumer must first try to deal directly with the member concerned.

The RDO has even had the audacity to complain that newspaper articles about it´s members are poorly researched. A little snipe at Tony Hetherington who highlighted several cases of the bad practices of the industry and in particular another member of the RDO, MacDonald Hotels and Resorts. (see link: A new member)

In the past the RDO setup “The Enforcement Programme”, this was run by one Alberto Garcia and was called Mindtimeshare. It attacked any company that was not an RDO member, while protecting any company that was. This was highlighted several years ago by one Mrs Wilson, she approached Mindtimeshare for help with a dispute against Resort Properties / Silverpoint. Mindtimeshare failed miserably, she eventually took her case to court using the services of a Canarian law firm. She won her case for being sold several timeshare weeks as an investment which failed to materialise. Mindtimeshare has since been discredited and Alberto Garcia was forced out.

They have also set up another initiative called Timeshare Task Force, this is being overseen by Kwikchex, a company which also runs Timeshare Business Check. Again just like Mindtimeshare it targets any company that is not a member of the RDO. They have along with the RDO made out they have a legal authority to check on any business, then if that business fails to respond to their enquiries, (which it does not have to) negative comments are placed on the website. The overall picture is they are trying to look like a Pseudo Police Force without any official mandate. The company itself is run by a man who does not have a very good track record. (see link: Kwikchex)

Inside Timeshare has published many articles on the RDO, each time highlighting their failure to help the consumer. Each article even suggests that an independent body separate from the industry should be setup to ensure compliance and protection for the consumer.

Until the RDO recognises the fact they are protecting a discredited industry, failing to act against infringements by their own members, timeshare is going to remain a dirty word. The industry only has itself to blame and at the helm is the RDO.

http://insidetimeshare.com/tenerife-court-rules-silverpoint-responsible-resort-properties/

http://insidetimeshare.com/rdo-trying-scare-anfi-timeshare-owners/

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

http://insidetimeshare.com/new-member-egtbw/

http://www.canarianlegalalliance.com/visit-from-one-of-our-supreme-court-victors/

http://www.canarianlegalalliance.com/anfi-supreme-court-21/

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

The post The RDO: Does it Protect Consumers? appeared first on Inside Timeshare.

On 23 September 2016 Mindtimeshare published a warning about a so called lawyer and law firm, it asked the question are they for real? Their conclusion was no.

While looking at the websites, they looked very familiar, even the address was one we had seen before. While searching the Mindtimeshare website it was revealed that it was familiar, the same address has been highlighted before on 5 July 2016 for Litigar Abogados.

Litigious Abogados or Litigious Lawyers, name of the lawyer is given as Emilio Leyes Catillianos.

Both web sites show the same CIF Number: A36428761

Tel: 0800 862 0102

The address given is:  Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife

This address is not quite correct, it should read: Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife. This address is actually for Oficina del Servicio de Atención Ciudadana which is part of the Ayuntamiento or local council offices. (Checked on google maps street view).

Both websites were only registered on 14 August 2016, details of who the registrant is are hidden.

litigiousabogados.com

http://emiliocatillianos.com/

Back in July 2016 another company of so called lawyers came up on the radar, they too used the same address as above. Both websites are exactly the same as those for the above lawyers.

This other firm was known as Litigar Abogados, the So called lawyer is Manuel Amas Conde.

Both websites show the same CIF Number: A34812673

Tel: 0800 862 0140


The address given is the same as above.

Both websites registered on 6 June 2016, again registrant is hidden.

litigarabogados.com

http://manuelamasconde.com/

None of the websites show any registration number for any bar association, although they do state they are members of the Bar Association. If so the registration number should be shown.

On both websites in the location section, they also show the logo for the Oficina del Servicio de Atencion Ciudadana, to try and show credibility. Also on both home pages they claim 15 years of presence on the internet.

In the law section of Litigar Abogados they also show the coat of arms for the Colegio de Abogados, or the College of Lawyers which is the bar association. Above this is another logo stating 25 years of membership to the college.

On the Litigious Abogados website in the Civil Law section it shows two photographs of lawyers with the names:

Simone Manuel Olivaz & Ramon Quilnar Canal

I am waiting for further information on both companies and all the named lawyers, when this comes in it will be published as an update.

If you have been contacted by either of these companies Inside Timeshare would like to hear from you. Remember, lawyers would normally show Bar Registration Numbers and which College of Lawyers they are registered with, these can then be verified as to their legitimacy. This does prove that doing your research into any company that contacts you or one you may have found in the internet, is the first step in protecting yourself. If you need any help in finding information Inside Timeshare will be pleased to help.

The post Litigious Abogados Who Are They? appeared first on Inside Timeshare.

Further to the article on Litigious Abogados published 27 September, The so called lawyers named on the websites for Litigious Abogados and Litigar Abogados, do not appear on the register of lawyers.

There is also no trace of either company when the CIF Numbers are checked on Spanish companies register. It certainly looks like these companies are not what they appear to be.

The named lawyers are as follows:

Emilio Leyes Catillianos.

Manuel Amas Conde.

Simone Manuel Olivaz.

Ramon Quilnar Canal.

Websites and CIF Numbers:

litigiousabogados.com

http://emiliocatillianos.com/

CIF Number: A36428761

litigarabogados.com

http://manuelamasconde.com/

CIF Number: A34812673

Address Given on all websites for these “Lawyers” is:

Calle Duque de la Torre 29, 114, Santa Cruz, Tenerife

Actual address:

Calle Duque de la Torre, 29 Arona Casco 38640 Arona Tenerife

Along with the fact the address is for the Oficina del Servicio de Atención Ciudadana, which is the equivalent to the Citizens Advice Bureaux and is part of the town hall in Arona, it is advised that extreme caution should be exercised if contacted by either of them.

If you have been contacted by either of these, Inside Timeshare would like to hear from you. Any help required to trace any company you can contact us and we will help you to check if they are genuine.

The post Litigious Abogados: Update. appeared first on Inside Timeshare.

The end of another month is upon us, it started with the announcement of a new company and website based in Scotland called Timeshare Solutions Group. This company was registered only in June, with the website registered in February, there was very little information as to who they are or which law firms they were working with. The service they provide is timeshare claims and disposal, citing the Spanish Supreme Court rulings which have made some contracts illegal. It is still not clear if they are linked to the Tenerife based Solutions Group, which have been around for several years.

Another story to hit the news this month once again involved the Anfi Group, it was announced the Lyng family had sold their 50% share of Anfi to the construction and hotel group Lopesan IFA. It was reported that Lopesan paid 41.3 million euros, which does seem to be a bit of a bargain. There again, with the woes that Anfi are going through, is it surprising? There is the investigation into irregularities in licences and permissions granted for the Tauro Beach project, which is being conducted by SEPRONA, a branch of the Guardia Civil. Then we have all the Supreme Court rulings which are costing Anfi a fortune in claims. These stories are not over yet and we wait for more to be revealed.

September has also been very much an American month, with articles by Irene Parker being published. These articles show what is happening across the great lake (or the pond as our American cousins call it), starting with the Letter from America: News From Across the Great Lake. In this article Irene sent an open letter to Stephen J Cloobeck of Diamond, it was her response to his letter to members on the Apollo acquisition.

This was then followed by the article on resale and transfer, it included an article from Tom Tubbs, who is on the advisory board of the National Timeshare Owners Association. It highlighted a subject which timeshare owners in Europe have also experienced, that of rogue resale and transfer companies. It also explained how this operates in the US, with a new company called Timeshare Transfer Registry, they keep a check on who and what companies the timeshares are being transferred to. But as he says the “scam” still goes on.

In More News From Across the Pond, we published a piece highlighting the Fox News programme The Property Man: Bob Massi. He is a Las Vegas attorney with a reputation as a determined advocate of consumer rights. This was followed by an article with an update to the real estate regulations in the US.

Then there was the visit of Irene Parker and her Husband, Inside Timeshare had the pleasure of playing host to their visit. For Irene it was her first time on the island and was very much a fact finding mission for her future articles. We spent much time comparing notes and learning from each other the problems that many owners have on both side of the Atlantic.

During her visit, Irene met the lawyers and staff of Canarian Legal Alliance, which she has followed from the US. While meeting with one of the lawyers Cristina Batista, she was able to get the history of the Supreme Court Rulings and how it is affecting timeshare in Spain. From there she then met with the staff at the admin office who look after the clients. As she said to Inside Timeshare it was an eye opener, stating that on her return she would share what she had learnt with other colleagues battling to help owners.

It was was not all work, and we all enjoyed several evenings with good food and company. Her last day was a trip to El Faro de Maspalomas, for a little shopping and to see for herself the Lopesan hotels. This ended with a superb lunch at a beach side restaurant. We will be publishing her articles as they appear.

Other articles published this month included a warning of a text message to Diamond owners. This informed them of the Supreme Court rulings, but it is not clear where they originate from, the telephone number is an untraceable “burnt” phone, linked to a facebook page with no details.

There was also more news from the Supreme Court with an incredible sum being awarded to one UK client. In this judgement the court stated that fractional ownership did indeed come under the timeshare regulations, it awarded £235,542 against Puerto Calma Holiday Club Finland. More announcements followed with a ruling against Palm Oasis Tasolan SL and a ruling against Silverpoint in Tenerife.

After an enquiry about the RDO, we published the article The RDO: Does it Protect Consumers? This article laid out what the RDO is and who it actually serves, it is a subject that has been covered in previous articles. But it is always good to republish, especially in the light of recent events.

So that is September, we wait with baited breath for the events to unfold during October. With all that is going on it should be an interesting month.

If you require any information about any article published, contact Inside Timeshare and we will find you the answer. Have a good October.

The post My Thoughts Today: End of September appeared first on Inside Timeshare.

A day does not seem to pass without the beleaguered Anfi being in the news, this time it is Canarian Journalen, an online Norwegian journal in Gran Canaria. Their article outlines the recent sale by the Lyng family of their 50% share in Anfi to IFA Lopesan. (See link at end of article).

The price given for this sale is a paltry 41.3 million euro, which pales in comparison to the reported 100 million euro the Cazorla group paid for their 50% stake in 2004. Canarian Journalen hints at the reason behind this low figure, not just the legal battle over contracts which Anfi are losing on an almost daily basis, but also the problems associated with the Tauro Beach project. They hint quite strongly this could be the involvement of the Cazorla Group in corruption accusations and scandals which may also involve “political characters”.

Canarian Journalen asked Ragnar Lyng if these problems influenced the decision to sell? In his reply Mr Lyng stated “It is impossible to be passive partner when it is not built on trust, says Ragnar Lyng”. When asked for the main reason for the sale Mr Lyng replied, “Disagreement on business philosophy. First and foremost in how a customer should be treated.Satisfied customers will return again and again, taking with them more, and give praise that strengthens your brand. It is also about respect for other people’s fundamental approach”.

Just from these few words it can clearly be seen the original concept of his father had been tarnished. Instead of very happy members who wished to return year after year, they became very disgruntled with the way they were treated. This is obviously borne out by the court judgements against Anfi, with even more in the pipeline. On this point many members have stated they were happy with Anfi as a resort, the problem has been in their treatment, continuous upgrading and the lack of availability.

One member who has taken action said they were upgraded several times, the last being a floating week at Anfi del Mar, but when trying to book were told no availability. Yet that was the reason given to upgrade, to ensure availability. When this particular member caused a stir with bookings, he was given one of the worst locations at Anfi Beach Club, on the ground floor with all the noise from the bars and the pool to contend with. This particular client was so incensed by this they sought redress through legal action to cancel the contracts.

On another note it has just been announced that on 27 September, the Supreme Court made another judgement against Anfi. This was in favour of a Norwegian client of Canarian Legal Alliance. This brings the total Supreme Court Rulings to an amazing 22, with many more in the process of being heard.

The Norwegian clients have been awarded 27,000 euro, with their contract being declared null & void. Again the Supreme Court ruled on the basis that “Floating Weeks” are illegal. More on this as it is made public. So to the clients and the legal team at CLA, a very big congratulations.

It is very clear these stories on legal action, the sale by Lyng to Lopesan and off course the ongoing investigation into the Project at Tauro Beach still have a long way to go. It will certainly keep the newspapers busy, Inside Timeshare will publish any news as and when it comes in, so watch this space!

http://www.canariajournalen.no/Nyheter/Lyng-familien-har-solgt-seg-ut-av-timeshare-anlegget-Anfi-del-Mar-paa-Gran-Canaria

If you need any information on any article published, or just need information on any company you may be dealing with, contact Inside Timeshare, if we don´t know the answer we will find out for you. Have a good weekend.

The post Guess Who is in the News Again? More on Anfi appeared first on Inside Timeshare.

Late on Friday 30 September 2016, Canarian Legal Alliance issued a statement on the latest Supreme Court victories. This involved two rulings by the Supreme Court on another aspect of how timeshare is sold. (see the full release below).

This particular ruling confirms what many believed was in fact timeshare, but was being sold as something completely different and outside the scope of the timeshare laws, Fractional. Inside Timeshare ran an article: Fractional: What is it? Back in April.

http://insidetimeshare.com/fractional-what-is-it/

In this article it was called a “Pig in a Dress”, mainly because sales staff were promoting it as property and an investment, also as a way out of your timeshare contracts. In the article it explained what fractional ownership actually is, genuine fractional is a real estate transaction, usually by a group of people going into partnership to purchase a property outright and sharing the costs. This type of transaction would be done following normal real estate practices, it would also follow the trends of property prices, either up or down, allowing the owners to sell on the open market as normal. The other aspect is that you would know the other owners, you would then be bound with them in a contract covering; use, costs and the rules governing the sale of any given share. In the model sold by the timeshare companies, it is doubtful if you would ever meet with the other owners of your fraction, let alone know them.

In the first case to be ruled on by the Supreme Court, Puerto Calma Holiday Club Finland, had sold a so-called fractional to a client, implying that they were purchasing a share in the property. They even had the contracts signed in the presence of a notary, just to add credibility to the deal. The Supreme Court ruled in this instance this was not a property sale but did in fact come under timeshare regulations, therefore it is timeshare, awarding over £235,542 to the client. Under these laws it is illegal to sell any timeshare product (including fractional) as an investment.

Now remember, the First National Trust Company, who are the trustees of the Club la Costa Fractional Property Owners Club, did state and warn CLC in 2012, that fractional should never be sold as an investment. This clearly shows that even FNTC believed that fractional fell into the scope of timeshare laws. (See link below)

http://clcmembers.blogspot.com.es/

FNTC

The second ruling has come against another Gran Canarian operator, Palm Oasis, Tasolan SL, in Maspalomas. In this ruling the court rejected the belief that suggesting to timeshare owners they actually own a share in the property is designed to evade the timeshare laws. This then leaves the purchaser without any legal protection. The court in this instance awarded the client over 20,000 euros. They also reaffirmed that contracts over 50 years (perpetuity) are illegal.

This latest news now puts into doubt the legality of other fractional contracts sold by other operators, including Club la Costa and Diamond. Is this the start of a new round of litigation, putting another black mark on the timeshare industry.

The question also needs to be asked, why has the RDO not made any comment of this in the past?

Why have the RDO not warned their members that they may be selling another product illegally?

The simple answer is the RDO is paid by the industry and works only for the industry. After all an RDO member the FNTC did warn about this along time ago. Did the RDO just choose to ignore their advice?

CLA Press Release Friday 30 September 2016  

Good Afternoon

SUPREME COURT VICTORY AGAINST PALM OASIS

Canarian Legal Alliance is proud to be able to announce another ground breaking decision of the Supreme Court in clarifying and declaring illegal the modus operandi of Palm Oasis and resorts using similar schemes.

This company in common with, for example, Puerto Calma in Gran Canaria, in the name of timeshare sold their clients an indivisible share of a property and suggesting that timeshare laws did not therefore apply, leaving their purchasers unprotected.

This sentence clearly rejects the notion that suggesting to timeshare owners that they actually own a fraction of a property evades timeshare laws. Implying that the clients are, in any way, owners of the property is strictly forbidden in law

The justices of the highest ranking court in Spain have no doubt that timeshare law does and must apply and accordingly declared our clients contract null and void on the basis that its term exceeded the 50 year maximum. The clients were awarded over 20,000 euro.

With this ruling the Supreme Court has maintained their consistency in finding “in perpetuity” contracts to be illegal, just as they pronounced 18 months ago as doctrine in favor of another Canarian Legal Alliance client. Since that time we have celebrated numerous victories at all levels of the Spanish legal system and against a whole range of different timeshare resorts. Our law firm is not only the first one, but still the only one to have brought timeshare matters before the Supreme Court for discussion.

Canarian Legal Alliance is the market leader in payouts to unhappy timeshare owners with over 2 million Euros already PAID BACK to our clients. If you would like to receive expert advice on the legality of your timeshare contract do not hesitate to contact us, the law firm who made legal history in Spain.

CLA  wishes you all a very nice relaxing weekend

http://www.canarianlegalalliance.com/cla-supreme-court-success-against-puerto-calma/

http://www.canarianlegalalliance.com/supreme-court-victory-against-palm-oasis/

If you need any information in this article or have any question about any timeshare matter, Inside Timeshare will be pleased to help. Contact Inside Timeshare and we will get back to you.

The post Supreme Court Rule for 2nd Time on Fractional: CLA Press Release. appeared first on Inside Timeshare.

The TCA or Timeshare Consumers Association, was originally set up by Mr Sandy Grey around 1997, it is believed that he was himself a very disgruntled owner and wanted to spread the word on the dubious practices of the timeshare industry.

He created the association as a non profit company, offering advice on timeshare to owners who had nowhere else to turn. He was basically hated within the industry for the information he highlighted.

He was the subject of a High Court (London) libel case brought by the OTE (now the RDO) and the industry. He represented himself against the big guns which the industry could afford, unfortunately he lost and was ordered to pay substantial costs. Although this did not stop him from continuing with his work.

In 2008 he attended the court in Coin, Malaga, in defence of an expat couple being sued for libel by Bob Trotta of Resort Properties / Silverpoint fame or is that infamy. The basis of the case was that the couple had published libelous remarks about him on the Crimeshare website. Sandy admitted to the court that he was the one behind it and not this couple. Sandy told Coin Court: “I originally ran Crimeshare and continued to publish it under various domain names until February 2008.

“The website was dedicated to exposing deceit and fraud in the timeshare industry in Europe.”

“The content mainly exposed fraudsters and cheats including Mr Trotta.”

“A very large number of complaints from consumers, around 1,000, alleged fraud and mis-selling.”

Throughout his time running the TCA from home he helped hundreds if not thousands of timeshare owners, and was known as a great champion of the rights of consumers. He also came in for a lot of abuse from the industry, but his tenacity always won through.

When Sandy died of Motor Nuerone Disease in April 2013, it was thought that this was the end of the TCA.

The association was reborn after consultation with close advisers and family in January 2014. It was in May 2014 that the new TCA company was instituted by Stephen Boyd a lawyer from Athena Law. It was then directed by David Cox (now a Director of Timeshare Exit and Solutions Service, which no longer has any link to the TCA since the takeover of Mark Rowe). The website was then taken over by Tolmex Ltd and the new director was William Aspinall.

In April 2016 the company name was changed to Bridgewell Investments Ltd, William Aspinall resigned as director on 8 July 2016, that same day the new director was appointed.

This new director is one Mark Rowe, an old hand in the timeshare industry, having previously worked for Bob Trotta as a sales manager / director of Resort Properties / Silverpoint. He is also the owner and director of several companies in the UK and Tenerife. The main being Hollywood Marketing Sl, which has been renamed Monster Group Travel.

This company uses sellmytimeshare.tv, Another Rowe company, to arrange meetings for owners wishing to sell, they then purchase Monster Leisure Credits in order to be rid of the timeshare.

As Mark Rowe is now the director of the TCA and the sister website timesharetalk, owned and run by TCA, a forum for owners to ask and answer questions, these previously independent websites are under the control of Monster.

It has already been noted on several other forums including comments from readers of Inside Timeshare, that all posts made on timesharetalk about Monster have been removed. That the TCA website no longer highlights any comments about any Monster associated company on its website. Below are just four comments received:

“Wasn’t it TOLMEX that took over the Timeshare talk site in March 2016. See the TESS news blog for 21st March 2016. The original posts and members comments regarding this subject seem to have been removed from the Timeshare Talk blog. Have you got any information on this or have I missed something?”

“NOW YOU SEE IT! NOW YOU DON’T! TESS posted another scathing attack on Monster /Sell my Timeshare etc yesterday, 14th September, in their news section. It was then copied along with a couple of additional comments on TIMESHARE TALK by one of the members (again yesterday 14th September). Just had another look now (a.m. 15th September) and it has disappeared!!! Gone! Spirited away in the night!

All other posts relating to Monster & Co have also been deleted. I was surprised that this one got through, even for a short time.”

“We bought our floating week timeshare before 1999. We decided to contact the TCA to see if they could explain how the new Spanish laws affect or don’t affect our week. Had read somewhere about a Deed of Adaptation and were just curious to see if they could shed any light. A very nice young lady answered. Said she would find out and call us back at 11a.m. the next day, which she did. She explained what we could do told us that the TCA recommend Sell my Timeshare. We explained why we would not be happy to do that and she replied that the TCA found them to be a very reputable company. As Kevin said in an earlier post, It is a sad state of affairs.

And just because I could, I wrote about this on Timeshare Talk in response to another post relating to SellmyTimeshare.TV. (Only last night 22nd Sept)

Yep, you guessed it. The fairies have been busy in the night again and both posts gone this morning. You have to laugh!”

“What a sad state of affairs! Sandy Grey was a great fighter for owners’ rights and, as you so rightly put, must be turning in his grave. Let us hope that you can carry on where the great man left off!”

It must also be noted that TESS, who worked very closely with the TCA are now vociferously attacking the Monster Group. They have been subject to a “letter before action” citing deformation, TESS refuse to remove any of their “allegations” believing that they are in the public interest. So far no legal action has been taken.

It must also be noted that Sandy also published The Rise and Fall of Timeshare in Europe, he also gave evidence to the House of Lords and the EU Parliament on timeshare laws.

PDF Files  rise-fall-of-timeshare    sandy-grey-house-of-lords

For those of us who have collaborated with Sandy in the past or had any contact with him, now believe that his work has been highjacked by the very people he fought against. The TCA is no longer the independent voice for the timeshare owner. Sandy will be turning in his grave.

http://tesslimited.co.uk/2016/09/13/the-monster-in-monster-credits/

http://tesslimited.co.uk/2016/03/03/sandy-grey-timeshare/

http://www.theolivepress.es/spain-news/2009/12/27/crimeshare-doesnt-pay/

http://insidetimeshare.com/tess-vs-monster/

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

The post TCA: From Great Beginnings to Infamy! appeared first on Inside Timeshare.

News has just come in with regards to the Anfi Tauro Beach project, the first prosecution has been announced.

The Office of the Environment in Las Plamas has filed a complaint with the Court of San Bartolomé de Tirajana, against the former head of the Canarian Coastal Authority José Maria Hernandez. The charge is one of administrative malfeasance (wrongdoing in public office) and forgery of official documents.

Hernandez was dismissed from his post in July, after an investigation by the Guardia Civil into irregularities in the permissions and licences granted for the project to build a beach and other amenities.

The project to convert the area into a manmade beach was authorised initially by the Ministry of the Environment, but was subject to certain conditions. The prosecution state that the head of the Coastal Authority (Hernandez) did not consider these conditions and gave a verbal order to begin the works. The senior engineer had warned him (Hernandez) by email that significant and important documents were missing and the project did not meet with the Ministerial conditions.

The engineer then refused to sign the minutes for the commencement of the work, also documenting a series of violations in writing to the General Director of Sustainability of the Coast and the Sea.

The prosecutor Javier Ródenas considers that Hernandez verbally authorised the works despite warnings of serious breaches then committed an act of forgery by drafting a document which was then signed by him in April. This document gave the impression that it was written in February when the work actually commenced.

At the beach itself a wall has now been built to protect the people living there from the high tides that are common at this time of year. Rocks have also been placed at one end to stop the sea from flooding around the wall, the work on the footpath is still going on, obviously this is being done as to leave it, it would become a safety concern.

It now remains to be seen if Hernandez had accepted any form of inducement to allow this to happen, if so this story will get much bigger. As more news comes in it will be published here.

Link to the Spanish press which ran the story.

http://maspalomasahora.com/not/38772/la-fiscalia-se-querella-contra-el-exjefe-de-costas-que-autorizo-la-construccion-de-la-playa-anfi-tauro/

The post First Prosecution for Tauro Beach Project Filed. appeared first on Inside Timeshare.

The local online news and information magazine Gran Canaria Info, has been following many of the events over the past year in regards to the ongoing story at Anfi.

In its latest article it explains very simply what has happened so far this year. The first part of the article explains the selling of the Lyng family´s 50% share of Anfi to IFA Lopesan. This is a well known hotel group in the south if the island, having major luxury hotels in Meloneras.

The question they posed is what does this mean for Anfi owners?

Lopesan has stated that they so far have no major plans for any changes at Anfi, or how it is run. Owners would not notice any changes, Lopesan maintained they are committed to the timeshare model which is Anfi´s main business. They also stated they plan to continue with the Tauro development project in it’s current form.

It is expected that Lopesan with its extensive funds should actually make Anfi better for owners, improving the facilities and updating the accommodation.

As for the Tauro beach project, it was reported last week that the first prosecution has been filed with the Court of San Bartolomé de Tirajana, against the former head of the Canarian Coastal Authority José Maria Hernandez. The charge is one of administrative malfeasance (wrongdoing in public office) and forgery of official documents.

At present it is not known what the implications of this case will have on the beach project or the development of the Tauro valley. What is known is Anfi and the new partners Lopesan will have to apply for new permits to continue the development of new hotels and shopping center in the area behind the beach.

The article then goes on to explain in a simple way the laws and how they may affect owners, the changes such as perpetuity contracts, floating and points systems as well as deposits within the cooling off period. It also highlights how Spanish law works, also stating that “no win no fee” is not allowed in Spain and there will be costs involved in taking the case to court.

Gran Canaria Info is a valuable resource for expats and those on holiday, it highlights much of the news on the island and is one of the few English language news outlets giving concise and factual information. For the full article click on the link below.

http://gran-canaria-info.com/content/timeshare-law/anfi-del-mar-and-the-future-of-gran-canaria-timeshare-in-2017

If you require any further information on this article or any other timeshare matter, contact Inside Timeshare and we will be pleased to help.

The post Gran Canaria Info: Explains Recent Developments at Anfi. appeared first on Inside Timeshare.

On Friday 7 October, the BBC programme Ripoff Britain highlighted the problems of a family who purchased a Club la Costa Fractional. The programme was hosted by Gloria Hunniford, who did state that some years ago she did take part in a promotion for Club la Costa.

The piece started with the lady explaining how they ended up buying the fractional, they were having some financial difficulties and the family business had to close, she then entered a competition and “won” a free holiday. As always with many of these competitions the “free holiday” in Tenerife came with a cost. They would have to attend a presentation with a sales rep from CLC.

They were invited to have breakfast and were then pitched the benefits of owning with CLC, the meeting took most of the day. Eventually after the rep had made it sound very enticing, including overcoming the problem of not being able to afford it, a deal was struck.

With finance arranged by the sales team the family entered into an agreement to purchase a 20 year fractional contract. The cost would be £18,180 with a finance agreement lasting 15 years, the interest rate was 12.1% per annum. This would give a total cost of over £51,000 not to forget the annual management fees of over £800 per year.

After some time the burden of paying over £285 per month for the finance began to take its toll, they asked CLC to allow them to hand it back and cancel the contract and finance agreement, CLC refused, the finance company also refused to lower the monthly payments. They now felt trapped.

ITRA (International Timeshare Refund Action) then came along, according to them they had a case and were eligible to join the ITRA class action against CLC. She attended a first meeting with the ITRA rep, but this was cut short as her husband was not in attendance.

After contacting Ripoff Britain, another meeting was arranged, this time a reporter from the programme posed as her husband along with a hidden camera to record the proceedings.

During the meeting the rep stated they did have a 100% claim against CLC being able to join the “no win no fee” action. All this without any questions as to how they were sold the fractional or even any paperwork being seen.

With the class action the rep explained what they would receive back, after the fees being taken out of the successful claim, the family would receive just around £10,000. Not a very large amount considering what they would be paying if they completed the finance.

Now in order to be able to be registered as a member of the class action, they would now have to pay ITRA for disposing of the timeshare. The cost £5100, this would be done using a deed agent, with the rep stating this was the only way to legally get out of the contract. He then went on to explain this would stop CLC passing the debt of 3 years arrears of management fees to a debt collection agency, this in itself would add considerable amounts to the debt. Once they paid ITRA the sum, they would have the debt canceled and they would no longer be liable for any management fees again.

This does all sound very good, until the programme spoke to a Trading Standards Officer. Even this officer thought the meeting was misleading, feeling that once you disposed of the timeshare no claim would be possible. This does make sense, if you no longer own, how can you claim?

Inside Timeshare has asked a firm specialising in this field if any claim would be possible once a contract is canceled, the answer was a resounding no. In order to be able to claim in court and have any refund the contract must still be owned by the person.

To see the full programme (this article is around 32 mins into the programme) follow the link below and use the BBC iplayer.

http://www.bbc.co.uk/programmes/b00wck32

If you require any further information on any any article published, contact Inside Timeshare and we will find it for you.

The post ITRA Highlighted on the BBC Programme Ripoff Britain. appeared first on Inside Timeshare.

Gregory Crist of the National Timeshare Owners Association in America has highlighted a scheme which a Federal Judge has shut down called Donate for a Cause. In this scheme timeshare owners paid a Montana company to donate and transfer their timeshares in exchange for tax deductions.

Prosecutors called it an “abusive timeshare donation scheme”, the Judge Sam Haddon ordered that Project Philanthropy which was also doing business as Donate for a Cause to turn over a list of all clients names, addresses, phone numbers and social security numbers for timeshares donated, going back to 2010. In the six years, thousands of owners have allegedly been provided with improper tax deductions for donated timeshares which promised generous tax savings.

The scheme relied on appraisals which overvalued by huge amounts the donated timeshare rights, which customers would use to claim large charitable tax deductions. According to the Justice department owners were encouraged to donate their ownership rights to Donate for a Cause.

It would appear that Donate for a Cause was only a conduit being used to briefly hold title to timeshares, before being sold at a fraction of the appraisal amount. One example includes a client who transferred a timeshare to Donate for a Cause which originally cost $10,597.50, this was then sold on ebay’s charity platform for only $81, yet the value it was given for tax purposes was $8,740.

The IRS (tax department) estimates that since 2010, the defendants (donate) have received over 5,523 timeshares donated to the scheme. The IRS estimates that the defendants have caused more than $19.4 million to be deducted from tax improperly.

The company´s CEO and President have both agreed to being permanently barred from marketing or promoting charitable contribution deductions and the defendants have also been prohibited from preparing property appraisals connected to federal tax returns.

It would seem that in the US another timeshare scam has been thwarted, it is not one that we are familiar with in Europe, due to the different tax laws we have. But I wonder how long it will be before some bright spark comes up with a similar scheme here?

Thank you to Gregory Crist and Irene Parker for this story, the full article by Greg is below in PDF form.

federal-judge-slams-timeshare-donation-scheme

The post U.S. Federal Judge Slams Timeshare Donation Scheme. appeared first on Inside Timeshare.