Catching up with some of the news from last week, Canarian Legal Alliance look to be on a role, another four Supreme Court ruling have been announced. 2 November, they announce 3 rulings in one day, then on 11 November they announced another.

Again these ruling reaffirmed previous judgements from Spain’s Highest Court, contract over 50 years, Floating weeks and the taking of deposits during the cooling off period all ruled illegal, with the contracts being declared null and void. Just on these four alone a total of 95,570€ has been recovered.

CLA also announced the payout of 41,190€ by Anfi to their Finnish clients, the contract was also declared null and void. As the spokesperson for CLA confirmed, the courts are taking notice of the Supreme Court, sentences are coming through faster and the payments are also getting quicker.

It was also announced that Court No 5 of The First Instance in Tenerife, found for their British clients against Resort Properties / Silverpoint. In this judgement the court used the precedent of the contracts being over 50 years to make their ruling. The client will receive £17,476 plus legal interest, with the contract being declared null and void.

It certainly appears from the the way these judgements are coming in, the process is getting faster. With all the new cases this law firm has in various stages of the legal process, there will be many more being announced. At present, they seem to be announcing at least 3 rulings each week, sometimes more.

http://www.canarianlegalalliance.com/news/

On another note, it has been publicised that Tolemex Ltd (Bridgewell Consultants Ltd), owning company of the Timeshare Consumers Association and the forum timesharetalk has officially filed to be “struck off” the companies register. So the company is being dissolved, the question is why?

We know that this company is part of the Monster family, with Mark Rowe being the sole director, we also know there is a move by the law firm Athena Law to bring a case against them for liable. Could this be a method to avoid it?

To add to this it was also announced that Monster Travel and Sellmytimeshare.tv (Hollywood Marketing SL) have also had their membership terminated with the Direct Marketing Authority. This comes after an investigation by the Direct Marketing Commission, who found they had breached the codes of conduct laid down by the DMA.

So the next question is what will happen to the TCA if the owning company is dissolved?

Who or what company will take control?

Is it the end for the TCA?

These questions may be answered sometime in the future, but until then we will keep watching and report it when the news breaks.

The post Catching up on Some News. appeared first on Inside Timeshare.

Today’s article is one many European owners will identify with, getting out of your timeshare when no longer being able to use or travel due to illness. Yet they are expected to continue to pay the yearly and often risings maintenance fees regardless, Mrs B a MacDonalds owner that Inside Timeshare has been working with for around 6 months is a classic case. She and her sister owned at the Dona Lola Club, they purchased around 15 years ago, due to illness both of them were unable to use or travel, even to the resorts in the UK for the past 11 years. Yet they continued to pay the maintenance year on year.

MacDonalds would not let them surrender, despite their ages (both over 80) and the fact they are both unable to travel. Eventually they signed up with a company to get rid of the timeshare, this was duly done and recorded by a notary, (we have the documentation). Unfortunately MacDonalds do not recognise the transfer and have sent in a debt collection agency to recover the unpaid maintenance. (The case is with the Financial Ombudsman).

Is it fair that people such as Mrs B and Ralph Marble should be tied into something they can no longer use or even afford?

Once again Irene Parker has sent the following article on the case of Ralph Marble and his Diamond Resorts membership.

Should those with Debilitating Medical Issues be required to pay Vacation Maintenance Fees until they Die or until the end of their Descendant Lineage?

       By Irene Parker        November 14, 2016

Mae West, German Immigrant turned Vaudeville and then Hollywood star famously said, “Less is more.”

Today, we ask timeshare developers, ARDA, TATOC, RDO this simple question:

Is what happened to Ralph Marble alright with you?

http://www.clickorlando.com/news/investigators/timeshare-woes-for-one-man-who-tried-to-cancel-after-an-illness

Surely not even Wall Street, venture capitalists and private equity investors think the situation that exists, requiring those with serious illnesses to pay maintenance fees for vacations they can’t take, is all right? If they do, there is something deeply wrong with our society.

According to the interview,

Marble told Washington that he tried to cancel his timeshare membership several times to no avail. Marble was told they couldn’t let him out of his membership, even though he disclosed to them that he had a medical condition.

Diamond Resorts International responded with a letter stating, “We are unable to grant your request, a surrender of ownership.”

Statements from Marble’s membership show that maintenance fees have gone up every year.

The first initial payment was $200 a year, but the last bill he received was for $684.

Michael Finn of the Finn Law Group only handles timeshare cases, and he says Marble’s story is not uncommon.  “It’s not intended to let anybody out and it’s intended to be a lifetime obligation.”

The timeshare industry is a billion-dollar industry, and once you join many say you can’t get out.

And if you think that you can sell your timeshare, Finn says think again. “The resale market for timeshares is nearly non-existent. Your timeshare must be paid off, and most are completely worthless.”

Marble said he attempted to sell his timeshare twice. “They turned out to be bogus, they went off with our money,” he told reporter Washington.

The good news for Marble was that Diamond Resorts International did let him out of his contract after we (the reporter) contacted them.

Is the media our only hope?

Diamond Resorts International released the following statement:

“At Diamond Resorts International, we regularly work with our owners who find themselves in difficult health, financial or other circumstances and are seeking to relinquish their ownership. These requests are considered on a case-by-case basis. In addition, earlier this year we announced a program called Transitions by Diamond Resorts that will launch in the coming months. It is intended to formalize the process for owners in good standing who wish to relinquish their ownership without having to resort to third party timeshare relief companies.”

Mae West also said, “Your line isn’t low enough to trip me.”

    Public awareness is our goal. Prospective timeshare buyers should ask:

1. May I take the unsigned contract and have a timeshare lawyer review it?
2. May I see a five year history of maintenance fee increases?
3. Please provide details of a secondary market. In the US, owners can call a member of the Licensed Timeshare Resale Broker Association to ask, in advance of signing a contract, whether a secondary market exists for the timeshare you are considering.

http://www.licensedtimeshareresalebrokers.org/

To find out what your timeshare is worth, check Sharket: https://sharket.com/

For those Diamond Resorts owners in Europe, there is at least a ray of hope, Diamond are putting into place ways that people can surrender their membership. They already have a programme whereby those over 75 can be released.

They also allow for those where a partner has died and the remaining member can surrender, there is also provision for those in financial difficulty and illness to also hand back. Much of this may be due to the changes in the timeshare laws within Europe, which have strengthened legislation in favour of the consumer.

Inside Timeshare also asks the same question as Irene, is it right that people such as Ralph Marble and Mrs B be locked into paying for something they no longer have any use for, especially when maintenance has been paid when never used?

I think we all know the answer to that question.

It now remains to be seen what the trade bodies ARDA, RDO and TATOC have to say about this, after all it is their own members who are making life difficult for owners such as these. Surely, there must be a way forward, it does the industry no good when matters like this get into the news, giving the impression that it is an industry solely interested in getting your money. At least for Ralph his nightmare is over, thanks mainly to the publicity and help from News 6 and the story from Eryka Washington.

Inside Timeshare would like to thank Irene for another insight into the world of timeshare in the USA. If you have any questions or comments about this or any other article, Inside Timeshare would like to hear from you.

The post Illness: Is not a Reason to Surrender Your Timeshare! appeared first on Inside Timeshare.

What are the regulations regarding cold calling?

This question has been prompted by the latest post on the TCA website, in their post they talk about a company based in Barcelona called La Moneda, this particular company was highlighted on 4 November by Mindtimeshare. This in itself is not the problem, it is the incorrect information they give regarding cold calling.

They state “Cold calling in the UK is illegal as it is considered a breach of privacy”. This is actually incorrect, according to the Information Commissioner’s Office website they state:

“You can call any individual who has specifically consented to receive marketing calls from you – for example, by ticking an opt-in box”.

“You can also make live calls without consent to a number if it is not listed on the TPS – but only if that person hasn’t objected to your calls in the past”.

“In practice, this means you will need to screen most call lists against the TPS register. You will also need to keep your own ‘do not call’ list of people who object or opt out, and screen against that as well”

The rules for live marketing calls are very simple and are as follows (again taken from ICO website):

“The rules on live marketing calls are in regulation 21. In short, you must not make unsolicited live calls to:

• anyone who has told you they don’t want your calls; or

• any number registered with the TPS or CTPS, unless the person has specifically consented to your calls – even if they are an existing customer.

You must always say who is calling, allow your number (or an alternative contact number) to be displayed to the person receiving the call, and provide a contact address or freephone number if asked”.

TPS is the Telephone Preference Service for individuals, all lists must be screened through this service, but it only applies to companies based in the UK, any company based elsewhere is not bound by it.

CTPS is the Company Telephone Preference Service and is for companies and other corporate bodies.

We know that cold calls can be annoying, but it is a legitimate marketing tool, as long as the regulations are adhered to. In the end you are the one in control, you can just say not interested and ask them to remove you from their list. Once you asked them to remove you, then it is illegal for them to call again.

It is just a shame that a so-called Consumer Advice Association cannot even get their facts right, so the question has to be asked, can you trust any advice they give?

I leave you to decide on that one.

Follow the link for more information on this subject:

https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/telephone-marketing/

If you have any questions or comments on any article published, contact Inside Timeshare, if we do not know the answer we will find it.

The post Timeshare Consumer Association: Incorrect Information appeared first on Inside Timeshare.

A rather strange call was received from the following number 0121 272 9571 the caller asked if I had been in contact with the Timeshare Advice Center, then proceeded to explain they are no longer in business. The caller then went on to say that they were EZE Group and had taken over clients from this company.

Having made some checks previously, it was known that Timeshare Advice Center with the address:

Lime Kiln, Royal Wootton Bassett, Swindon, England, SN4 7HF

had filed to be dissolved sometime ago, this has now been done, according to company house records the company was dissolved on 6 September 2016. Yet their website is still active. (see link below).

timeshare-advice-centre-limited-overview-free-company-information-from-companies-house

The enquiry that was originally made as part of some research for a reader, was how to get some elderly relatives out of their timeshare, with what advice they had to offer. Now the strange thing is that EZE Group are not known for being a company that deals with relinquishments, so the question is what would they be offering in order to be rid of the timeshare?

Could it be they will take it over provided one of their products is purchased?

Another aspect to this concerns the Data Protection Act.

How did EZE Group acquire the contact details without express permission from myself for those details being passed on to a third party?

During the initial enquiry no permission was granted, or at any other subsequent point for this information to be passed on. Could it be that an ex-employee of Timeshare Advice Center has “stolen” the data and then sold it on?

We know that in the timeshare industry this has been a severe problem, Inside Timeshare actually highlighted this in 2 articles on 9 and 10 November. (see links).

http://insidetimeshare.com/owners-data-battle-control/

http://insidetimeshare.com/owners-data-update/

Today Inside Timeshare has called the number and was answered by reception, on asking what company we were speaking to, the reply was Dreamland Breaks. They were informed of the contact that was made and that no permission was given for a third party to have access to the data. They were also informed that it was Inside Timeshare that was calling.

The receptionist was very helpful and accepted that there was obviously a concern, she stated that she would find out which department had made contact and get them to call back to answer the questions. An update to this will be published once this call is received.

If you require any information or have any questions about any article published, Inside Timeshare will be pleased to help. If you have had any calls such as this and would like to share this with other readers, use the comments section, we will then publish them.

The post Another Concern Regarding Data Protection! appeared first on Inside Timeshare.

Irene Parker and I take a look at timeshare relinquishment comparing Europe to America. As many Europeans own timeshares purchased in America, it’s useful to have the complete picture. This time she asks the question “Timeshare Transfer Agents: Friend or Foe?

For those not familiar with the term, Transfer Agents advertise offering timeshare owners a guaranteed “deed-back” even if the timeshare program is not deeded. (more on this further on).

In Europe we have a different take on this subject, as we do not have the same model of Transfer Agents like the US. We tend to have resale firms and exit companies, some purport to be legal firms, who for a sizeable fee will relinquish your contract. Many of these companies do both, so the lines can be a ltiile blurred. Although we do have some of the same problems, such as resorts /developers who do not recognise the sale and or transfer.

Here we bring in the ongoing story of two elderly sisters, known as Mrs B. Around two years ago they took up the services of a company (ITRA) who claimed they would get compensation for them if they joined their “Class Action” group. But in order to do this they had to pay around £5965 to relinquish their two timeshares, one was Oasis Lanz in Lanzarote, the other was Dona Lola Club on the Costa del Sol, run by MacDonald Resorts and Hotels.

Mrs B signed a power of attorney so the company (ITRA) could work on her behalf, all appeared to be above board. After around a year she eventually received notification that her timeshare had gone, both had been transferred / sold to a gentleman for £1 each. Inside Timeshare has all documents relating to this.

Sounds all well and good.

Well, as far as Oasis Lanz is concerned it is, Mrs B has not had any contact from them or received any maintenance bills. The problem is Dona Lola Club and MacDonald Resorts, they will not recognise the transfer. This has now caused a problem for Mrs B and her sister.

They have been subject to threats of legal action by a debt collecting agency, Network Credit Services, employed by MacDonald Resorts. According to them there is £1412.54 (as of April 2016) for maintenance, accrued after the supposed transfer, (this amount increases as time goes on).

So why do MacDonald Resorts not recognise this transfer?

On speaking to Network Credit Services and explaining that the debt was under dispute, Maureen stated that MacDonald Resorts will not recognise any transfer made by ITRA, because in Maureens words “ McDonalds just get paperwork back from ITRA saying no longer required”. In other words, there was no actual sale or legal relinquishment. You will see the same in the article by Irene, using a company to take on the transfers.

This case is still ongoing with official complaints about the chasing of this “debt” going through the Financial Ombudsman Service.

Another aspect that is very common in Europe is the “Bait and Switch” tactic employed by many companies claiming to be “resale” firms.

The basis of this method is very simple, the timeshare owner either contacts a company they have found on the internet, or, they have been cold called by. They promise they can sell your timeshare and even give a very high valuation over the phone. Next they arrange a meeting to discuss your options.

Unfortunately there is no resale market, with one company actually stating this, so what then happens?

Simple, in order to get rid of your timeshare you must now purchase another product, be it leisure credits or discount holiday club. At the meeting ( read sales presentation), you are told that the product will cost around £10k to £12k. But don’t worry, we will discount that price for the value of your timeshare, so it will only cost you a fraction of that amount.

This was used to dupe many owners into Club Class and DWVC, where the incentive was the cashback offer. With this you are given a certificate for the value of the timeshare plus the cost of joining the club. In 3 to 5 years, as long as you follow the rules (which were complicated) you could then claim back the value on the certificate. So far we have never known anyone who did get paid out.

But what happened to your timeshare?

For many it was simple, they did not get rid of it, then after a couple of years they found they owned years of back maintenance. The timeshares were not transferred or relinquished, they are still liable for the maintenance and still own it, causing many a stressful situation with debt collectors.

So, let us look at what the situation is in the USA.

Timeshare Transfer Agents: Friend or Foe?

    By Irene Parker November 20, 2016

Lately, a company by the name of Resort Release has been running an ad on my Facebook feed. It is always frustrating to invest time and energy campaigning to improve the timeshare industry, only to have companies we don’t approve of take out ads promoting their service. At least Inside Timeshare can control who posts on their site.

Transfer agents advertise offering timeshare owners a guaranteed “deed-back” even if the timeshare program is not deeded. The upfront fee ranges from $3500 to $7000 or more. Contracts taken back are “bundled” 25 to 50 and sold back to the developers, similar to what happened during the worldwide subprime mortgage crisis. The developers resell for full value.

What else can happen to the points or weeks or “inventory” recovered?

According to Greg Crist of the National Timeshare Owners Association,   

“There are basically four buckets that transfer companies often attempt to put inventory into…

Bucket 1 – Works with an inventory broker who may or may not have a direct inventory recovery agreement. *Branded properties only

Bucket 2 – Lists timeshare properties on eBay and Craig’s List for $1.00

Bucket 3 – Transfers to “Mules” *Foreign Nationals who may be judgement proof

Bucket 4 – Transfers to Companies who later dissolve the corporation administratively. *Leaves resort pursuing a clouded title, doubling recovery costs and impacting association’s bad debt line, which all remaining owners on the roster end up absorbing.”

Timeshare sales presentations can border or cross over into predatory sales pretty quickly. Not all sales agents are like that, but the internet complaints sites are flooded with complaints that start out, “The sales agent said.” There’s something inherently disturbing about paying a transfer agent a large sum of money only to have the agent sell back to the developer and start the process over again.

I asked Greg Crist of the National Timeshare Owners Association what advice NTOA gives to owners concerning transfer agents. Greg’s answer is complex.  

“We continue to receive a number of calls and emails from timeshare owners regarding potentially fraudulent transfer companies. Some of these groups have even gone so far as to pay for celebrity endorsements that give unqualified credibility to their programs. The questions we get are…

“Can these companies really do what they say they can?

“What happens to us and our timeshare, if they are not successful?”   

Timeshare cancellation is not like cancelling your cable or phone service provider. An owner has typically entered into a contract of perpetuity or long term right to use program. Those contracts were not designed to be simply cancelled. These transfer companies know this, so they basically search for ways to circumvent the resort completely. The owner’s property is often transferred to a third party individual or another company that works closely with the transfer group to accomplish the goal of getting the property out of the original owner’s name. What happens next, determines if the original owner may have a problem down the road.

Resorts are increasingly turning away suspect transfers and within a year, the original owner is getting a new maintenance fee. That spells trouble for the owner, who in turn goes back to the transfer company only to find that the phone number is disconnected and the company is closed. They are ultimately out thousands of dollars for using a service who could not fulfill its guarantee and they still own their timeshare.”

My last question for Greg:

Are there any legitimate transfer agents and if an owner does need to be released from a contract a resort has refused to take back, what other alternatives are there besides not paying the maintenance fees until the contract is foreclosed?

Greg Crist responds:

“There are legitimate sales and transfers of timeshare, but the number of fraudulent transfers has grown over the last few years to a point where it has caused the snowball of “Bad Debt” affect”.

“To see what I mean by that, just look at your new maintenance bill this year. Included for your reading pleasure, is a budget of how that fee is calculated equally across the roster of owners. Scroll down to the line item that says bad debt. This is going to typically be one of the highest figures listed on your budget. Sometimes the resort will even itemize each line to exactly what it cost the owner in each area”.

“In the case of a recent budget that I reviewed from a Florida resort, the maintenance fee was $926 and from that, the bad debt cost to each owner cost $138 for 2016”.  

“Fraudulent transfers are the main culprit of the resort’s growing bad debt”.

“More and more timeshare companies recognize the need for timeshare owners to cancel their contract due to any number of life changes. Timeshare owners should contact their resort to ask about the resort’s surrender policy, contact the Licensed Timeshare Resale Broker Association, if the resort is located in the US, to ask about selling the timeshare, or talk to a timeshare attorney before entering into an agreement with a transfer agent. And of course! Contact Inside Timeshare if a European resident or the National Timeshare Owners Association if US”.

As you can see, names and titles might be different, but the results are the same, owners left with their timeshares, resulting in maintenance arrears. Resorts / developers with timeshares transferred to companies who then fold leaving a shortfall in maintenance collections. The sad thing is, the industry really only has itself to blame, lack of “Secondary Market”, “Resale Market”, tied into contracts with no viable exit solution. Leaving owners with nowhere to go but into the hands of the unscrupulous and the fraudulent, costing them (the owners) thousands of Dollars Pounds or Euros in the process.

There needs to be some control, it cannot be left to the industry to police itself, as before in Europe the call is for independent oversight into all aspects of the industry. From first purchase to resale and relinquishment. Somehow I do not see this happening as the industry itself is against this, they believe they can do it, well, so far it would appear they can´t.

Inside Timeshare would like to thank Irene Parker for her help on this article and insight into this part of the industry in the USA, we would also like to thank Greg Crist at the NTOA for his contribution and answers to Irene´s questions.

If you have any questions or comments on this or any other article published, Inside Timeshare will be pleased to help. If we do not know the answer we will find it for you.

The post Timeshare Transfer Agents and Exit Companies: Friend or Foe? appeared first on Inside Timeshare.

A New claims and exit company has just come up on the radar, Meredith Pritchard. They have a website which was registered on 6 October 2016 by a Stephen Fairclough, the address given is:

Regus House, Herons Way, Chester. CH4 9QR. This is a Regus office rental unit.

http://meredithpritchard.com/

The website shows no information about the company at all, apart from a Chester telephone number: 01244 893100.

There is also a company by the name of Meredith Pritchard Claims Consultants Ltd, Reg No: 10395171 registered at Company House on 26 September 2016. The registered address is given as:

Unit 8/9 Parsons Court, Welbury Way, Aycliffe Business Park, Newton Aycliffe, Co Durham, England, DL5 6ZE This address is a business park.

The Director for this company is listed as: Stephen Paul Fairclough. So it would be safe to say that they are one and the same. (see PDFs below)

meredith-pritchard-claims-consultants-limited-overview-free-company-information-from-companies-house

meredith-pritchard-claims-consultants-limited-officers-free-information-from-companies-house

meredithpritchard-com-whois-lookup-who

On the home page they state that they use a hand picked team of international lawyers, they also state they have a proven system for cancellation of timeshare which stops future maintenance fees and a payment of compensation on completion.

The About Us section shows very little and also reiterates the use of “Hand Picked” highly professional and qualified lawyers. They also claim to have a “worldwide network of legal Professionals”. But it is the start of the piece which has had a few of us laughing: “When the holiday ownership legislation changed, we seen a niche in the market to provide a first class service”. For a firm that has so many “highly professional people” working with them, their grammer has a lot to be desired.

When we then move into the legislation section, it again shows they really don’t know what is going on, they cite the 1994 EU Timeshare Directive (94/47/EC) and also use the old name for the RDO, which was OTE. This directive was replaced by  EU DIRECTIVE 2008/122/EC which came into force in 2009. Within the articles they mention the 10 day cooling off period, which was changed to 14 days, so with all those lawyers they are a little out of date!

Then we come to the example sentences section, here they show three court documents, one against Silverpoint, one for Anfi and a Supreme Court judgement again against Anfi. Good news for those clients, the only thing is these documents are on the website of Canarian Legal Alliance, who have also confirmed that they are their clients cases. Again for a company that has only been registered for a little over 2 months, this is very swift work to be able to get a Supreme Court ruling, especially considering the first one which CLA did achieve took them 6 years!

The last two sections, news and contact us show absolutely nothing, on  the contacts page it is a basic form with name, email, subject and message sections. The website itself shows no company registrations, no addresses or whether they are registered as a claims company with the Ministry of Justice or if they have any ties with any other regulatory body. There is not even a mention of any law firm they work with.

It is also not very clear as to how the “claims” and “compensation” will be paid out, is this through court action or do they just relinquish and try to claim under section 75?

Going back to the home page they do have three testimonials from happy clients:

Thank you. After a harrowing few years at long last someone has managed to get us free from our timeshare. Once again thank you

Steve & Ann

Glasgow

We can’t thank you enough for release of this nightmare of many years and frustration, time, costs, scams etc…You were so helpful in all areas from start – finish. Well done, a good job…“

Chris & Brenda A, Diamond Resorts

United Kingdom

The staff have all been very helpful, our timeshare has been successfully relinquished

John & Mary

London

This is certainly a company to keep an eye on, after all, with all they have achieved in just 2 months, they will certainly be a legal force to be reckoned with! Look out timeshare companies there is a new sheriff in town!

If you have had any contact with this company, Inside Timeshare would like to hear from you, let us know what they have offered so we can keep everyone informed. Inside Timeshare would also like to thank Rob, a regular reader for the heads up on this firm.

If you have any questions about this or any other matter, contact Inside Timeshare for free and impartial information.

The post Meredith Pritchard: A New Exit & Claims Company appeared first on Inside Timeshare.

Inside Timeshare has run several article on the difficulty many people have in “getting out” of their timeshares, not just in Europe but also in the USA.

Recently one of our regular readers Alan Stewart sent in some information which to say the least was staggering, this involved one company that we have written about in the past, MacDonald Resorts.

As we know they have put into place a relinquishment programme, which they believe is fair, most would not agree. Under their system a limited number of people can apply to hand back their membership, this is on a first come first served basis. It is also only offered every other year with limited numbers. Another aspect is the amount of maintenance they require in order to hand back, four years worth. For many that could be a huge amount.

The information Alan has supplied, apparently from the AGM documents is as follows:

From the Villacana Club;

36 apartments have been removed from the club and transferred to MRL. (MacDonald Resorts Ltd)

939 Holiday Certificates have been given back to MRL.

Also that £417,163 went into the Clubs Sinking Funds because of the money paid by owners to get out, but what it doesn’t say is that £1,251,489 went into MRL’s own pocket because of this.

I have just found out that they have also got from Elmers Court £1,091,985 that’s £2,343,474 so far from just two clubs.

I wonder just how much they received altogether from all the Clubs for their so called “REASONABLE RECOMPENSE”

In his message Alan uses the term from MacDonalds themselves “REASONABLE RECOMPENSE”. What is reasonable about taking these amounts from members who have paid their maintenance bills for years?

Why do they still pursue old ladies such as Mrs B for non payment, even though they paid for 10 years without using due to illness? (see link below)

http://insidetimeshare.com/illness-not-reason-surrender-timeshare/

It is well known that for these companies to continue to operate they need the maintenance / management fee from you their members. With an ageing membership and the lack of “new blood” buying into these clubs, they have dwindling finances, as they tell you themselves, the cost will be passed to remaining members. That is the excuse they use for “Reasonable Recompense” from those wanting to leave.

The question is why are people not wanting to buy in?

The simple answer is the internet now offers a bigger choice, without the problem of maintenance, another reason is probably down to the industry itself. Many may have seen the problems associated with timeshare from their own parents and family, this would obviously put them off. So again the industry has only itself to blame. Unfortunately it will be the remaining owners who will have to stump up the money to keep these clubs going, after all someone has to pay and it will not be the company.

Thank you to Alan for the information, it is through people like yourself that we can share with and inform others of what is going on.

The post MacDonald Resorts and Reasonable Recompense for Relinquishing. appeared first on Inside Timeshare.

We started the week with another article in collaboration with Irene Parker, this was on the subject of Transfer Agents. This is a great cause for concern amongst many owners of US timeshares, including those from Europe who purchased while on holiday.

As was shown in the article it is a veritable minefield, with many “scam” operators and methods being employed. The article started with the problems of resale and transfer in Europe, highlighting again the plight of Mrs B and her battle with MacDonald Hotels and Resorts. A transfer of her Dona Lola Club ownership which MacDonalds refuse to recognise, they themselves have stated they do not recognise the process which ITRA uses to transfer ownership. Unfortunately it is Mrs B who is caught in the middle and is being harassed for maintenance due since the date of the transfer.

In the US many transfer agents as shown in the article will transfer them to a company and then the company will fold. This has two consequences, one for the owner who could end up being liable for maintenance, as the resort could claim that it was a fraudulent transfer. The other is the resorts / developer has these weeks returned to them with the resultant loss of maintenance, which could also end up with the charges being increased for the remaining members.

Other transfer agents will bundle the contracts 25 to 50 at a time and sell them back to the resort / developer, who will then be able to sell them on as new inventory at full value. As Irene has pointed out on many occasions, these practices tend to be a result of the lack of a secondary market. There will be more on the problems of timeshare in the US in forthcoming articles.

Also highlighted this week by a regular reader, was a new claims company Meredith Pritchard, registered to Stephen Fairclough and based in Chester. This company was only incorporated on 26 September 2016, so is a very new company, despite the claims made in the testimonials and elsewhere on the website.

It is known that the director was based in Portugal and has links to other companies which have been reported about in many newspapers and television programmes. It appears that being registered in the UK is a move to gain some semblance of credibility, as we know that many owners will say they would only do business with a UK company. Unfortunately this does not guarantee safety or prove legitimacy.

Another regular follower also sent in information about MacDonald Resorts and their relinquishment programme, this highlighted the policy of “Reasonable Recompense” for relinquishing.

He sent information from AGM documents showing the amounts that MacDonalds have received under “reasonable recompense”, the amounts are truly staggering. It must also be remembered that when MacDonalds moved to change fixed week owners to their points system, they in effect became the owners of these fixed weeks and are therefore liable to cover the maintenance costs for these weeks. Obviously they do not want to use their own finances to pay this, so those wanting out must cover at least 4 years worth of fees. MacDonalds say this is to protect existing owners from huge increases in their maintenance.

It has also been a very successful week for Canarian Legal Alliance, with the Court of First Instance in Tenerife declaring a contract sold by Las Vistas Marketing null and void as per the Supreme Court rulings. The client in this case will receive 36,640€ including legal interest and legal fees.

In the High Court No4 of Malaga, CLA also had a victory on behalf of their clients, this time it was against Leisure Group Ltd. The contract being declared null and void with an award of 12,390€ plus legal interest and legal fees. So the courts all over Spain are deferring to the Supreme Court rulings.

CLA also announced that as ruled by the High Court No5 of Las Palmas for a previous case, their clients have now received into their bank account the sum of 16,434€ from Anfi. Just in time for Christmas.

Again CLA revealed another Supreme Court ruling, this time against Palm Oasis / Tasolan. In this case the Norwegian clients have had their contract declared null and void as it was for floating weeks, they will now receive 8,810€ and are now timeshare free.

Yesterday morning it was also announced that a further Supreme Court win against Anfi was received, in this case the court ruled the contract null and void as per previous sentences. The British clients will now be receiving £38,850 including legal interest and legal fees.

It has also come to the attention of Inside Timeshare, many Anfi owners are being warned off taking out any legal action in respect of illegal contracts. Some of the reports being received state that they are being told there are no cases, contracts are legal, that there have been no Supreme Court rulings and if any owner does go ahead and win they will be billed 5 star rates for holidays taken in the past. It has also come to light that any external calls to guests staying at Anfi are being stopped without proof of who is calling. It is understandable that Anfi would be doing this, after all, it is costing them millions.

The advice Inside Timeshare gives is quite simple, do you believe what you are being told by a company that sold it to you in the first place, or do you get independent free legal advice. After all not everyone may have a valid claim, should you not know where you stand and what you can do about it, only then can you make a proper and informed decision.

If you would like to know more, contact Inside Timeshare and we will point you in the right direction. If you have had any contact from any company, either highlighted here or one that has contacted you out of the blue, Inside Timeshare would like to hear from you. We will do the research and report the findings here to inform others.

Have a good weekend.

The post Review of the Week appeared first on Inside Timeshare.

The newspaper La Provincia on 27 November 2016 has published news on the ongoing problems with the Tauro Beach Project, it has been announced that the Canary Island Government is to revoke the concessions awarded to Anfi for the development of this area.

This comes after the investigation started by SEPRONA, the Guardia Civil  Nature Protection Service into irregularities into the licences and permissions that were granted. We have already seen the head of the Coastal Authority, Jose Maria Hernandez, dismissed from his post and facing charges for “Breach of Trust” and Forgery of documents. This case has been declared admissible by Court No3 of San Bartolome de Tirajana. Also an investigation is underway into the Mayor of Mogan, over her involvement.

It transpires that Anfi are being stripped of the concession and being accused of starting the work without providing the correct paperwork. They have also been accused of encroaching on land that was not part of the original project and not completing the project correctly. It appears that they have only laid sand on a fraction of the beach, 1300 sq meters and not the 3811 sq meters as agreed. Environmentalist are also up in arms as the 70,000tonnes of sand imported from the Sahara has not been treated. This according to them means it could contain “invasive species”, which could have a detrimental effect on the local environment.

The current permits allow Anfi to develop the beach area, building hotels, commercial center and beach services for profit, with the concession running for 50 years. Because of the infractions uncovered, the licences and permits will be revoked, with initial proceedings being heard at the local court of San Bartolome de Tirajana.

This is certainly a huge blow for the Anfi Group and the new 50% owners Lopesan. The financial consequences of this could be huge, it may mean that Anfi will have to spend to put things right, but it also means they have lost the huge investments already made in the project.

It now remains to be seen what will happen next, will there be more charges as the investigation continues?

How is this all going to affect Anfi as a whole, will it mean an increase in maintenance to help cover the losses incurred in the project?

As the investigation goes on, Inside Timeshare will bring you the news as it comes out.

Click on the PDF links for the La Provincia article:

costas-abre-expediente-al-grupo-anfi-para-revocarle-la-concesion-de-tauro-la-provincia-diario-de-las-palmas

costas-open-file-to-the-anfi-group-to-revoke-the-granting-of-taurus-the-province-diario-de-las-palmas

Follow these links for more information:

https://m.facebook.com/notes/gran-canaria/surprise-tauro-beach-so-dodgy-the-government-is-taking-it-away/1664104110273792

https://youtu.be/txEIuzIT7M4

http://insidetimeshare.com/first-prosecution-tauro-beach-project-filed/

http://insidetimeshare.com/mayor-mogan-investigation-anfi-tauro-beach-project/

http://insidetimeshare.com/tauro-beach-project-latest-news/

http://insidetimeshare.com/anfi-tauro-beach-project-people-flooded/

If you have any questions about this story, contact Inside Timeshare and we will be pleased to answer them. If you have any information about this or any other subject Inside Timeshare would like to hear from you.

The post Tauro Beach Project: Canarian Government Revoke Anfi Concession. appeared first on Inside Timeshare.

Should Resort Timeshare Owners Worldwide Pay the Voluntary ARDA ROC Contribution?

    By Charles Thomas and Irene Parker

November 27, 2016

Across the oceanic great divide, there is an alphabet soup of timeshare political lobby organizations.  Are they on the side of the timeshare owner or on the side of the developer?

First off, who are they and what are they:

RDO (Charles)

TATOC (Charles)

The RDO, or Resorts Development Organisation, is the trade association for the timeshare industry in Europe, its function is to ensure standards within the industry are maintained and that members abide by a code of conduct. These members fund the organisation with annual subscriptions, they also provide the board of directors, it is a self policing organisation, funded and controlled by the people who make their money selling the products.

The RDO says that it helps to protect the consumer, but as we know, it is their own members who have breached the timeshare laws, just look at the many cases being brought in Spain. The only protection they appear to offer consumers is constantly attacking any company offering a service who is not one of their members. They say you should only deal with RDO “accredited” companies, any other company who is not a member is likely to be a scam.

The press has highlighted in the past, many transgressions RDO members have perpetrated, MacDonald Resorts is just one. This company was the subject of several articles by the Award Winning Journalist Tony Hetherington, one was titled “The timeshare contract that even death will not save you from”. It followed the story of one owner who could not get out of her contract on the death of her husband. What did the RDO do, nothing.

They state one of their missions is to “Educate” journalists as they are ill informed on the subject, that the industry has been the victim of poorly researched articles. Yet these articles are highlighting the plight of their own members customers!

Another partner of the RDO is TATOC, The Association of Timeshare Owners Committees, as the name suggests they represent the owners committees, but how can they represent owners when they are also funded by the industry?

The current CEO, Harry Taylor is no stranger to the Industry, between 14 June 2007 and 18 June 2013, he was listed as a director with Diamond Resorts European Collection Ltd. The strange thing is he is also listed as being appointed director of TATOC at the same time, 23 January 2007. (See Company House PDF).

harry-taylor-personal-appointments-free-information-from-companies-house

TATOC should be representing your rights, but we have seen on many occasions they have backed the plans of the resorts / developers themselves, again a case in point is MacDonald Resorts. There has been a move by this company to remove all fixed week owners into their points system, this has been resisted by many owners and is the subject of ongoing battles. Yet the advice from TATOC is to change to the points system, saying it will be better for them, backing MacDonald Resorts to the hilt at the expense of the people they say they represent.

It has been stated by Inside Timeshare many times, there does need to be dialogue between owners, resorts and developers, but the owners should be a separate voice, not one funded (run) by the industry. (See following link on trade associations inc, Tony Hetherington articles)

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

As for the “voluntary contributions” added to maintenance bills, this does not appear to be the case in Europe, so far we have not seen this and it is possible it would be highly contested if it were to be introduced.

ARDA and ARDA ROC

Timeshare owners worldwide who own a timeshare in the US may pay more attention to ARDA ROC’S “Voluntary” donation this year. Depending on the developer, the fee can range from $3 to $10. Owners must call their resort accounting department to have the charge removed unless it is an “opt-in” request.

For owners asking: “ARDA what?” – ARDA stands for American Resort Development Association and ROC is the timeshare owner arm – Resort Owner’s Coalition.

One reason timeshare owners are taking a closer look is because legislation passed in Florida last year outraged timeshare owners and timeshare advocacy groups. The legislation went into effect July 1, 2015.

One clause, simply put, “Currently, if there are errors in the contract, then a buyer has a right under Florida law to cancel that contract after 10 days. Under the new bill, errors or omissions that are “nonmaterial” would NOT allow a buyer to cancel after 10 days.” (Deanna from Winning the Timeshare Game)

http://timesharegame.com/florida-bill-weaken-timeshare-protections/

RedWeek also weighed in:

http://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

Investigative reporter, Scott Maxwell of the Orlando Sentinel wrote the following:

“I know the time-share industry wants to make it harder for buyers to cancel contracts. But I had a tough time believing regular citizens felt the same”.

So I asked (Republican) Stargel and Eisnaugle if they could name a single regular citizen — in our entire state of 20 million people — who had asked them to file this bill. They gave me one name.

He’s the CEO of a South Carolina-based time-share management company … and a director of the time-share group lobbying for this bill.

http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617-post.html

According to ARDA ROC:

ARDA-ROC’s resources ensure that a powerful advocacy arm exists and is equipped to fight the next legislative battle. Our owners understand the effectiveness of uniting collectively as one voice to support policies that ensure consumer protections are in place and that positive changes in our industry and for the members we represent are preserved.

ARDA ROC Mission Statement

The ARDA Resort Owners’ Coalition (ARDA-ROC) is a non-profit program sponsored by the American Resort Development Association, dedicated to preserving, protecting and enhancing vacation ownership. ARDA-ROC is an alliance of owners, developers and managers who are committed to advocating for local, state and federal policies that enable the vacation ownership industry to thrive.

The ARDA-Resort Owners’ Coalition (ARDA-ROC) is the first line of defense against legislation that may negatively impact timeshare owners and their well-being. Through ARDA-ROC, owners can be part of an effective grassroots lobbying coalition of timeshare unit owners dedicated to preserving, protecting, and enhancing vacation ownership.

The ARDA-ROC government affairs team has a strong record of successfully advocating on behalf of policies allowing for the vitality of the industry while protecting the vacation ownership experience.  ARDA-ROC works with legislators and regulators at all levels of government to educate policy makers and ensure fair treatment across the broad range of issues that impact timeshare owners.

     An Invitation!

We welcome an ARDA response to this article because the 2015 timeshare laws were not one shared voice uniting collectively. Timeshare has become a minefield of controversy with timeshare owners pitted against developers. Real dialogue needs to take place in order to reform and improve an industry that has become a battlefield between developers and owners.

Inside Timeshare once again thanks Irene for her collaboration on this article, for those in Europe who own timeshare in the US, this will be a little of shock that part of the bill is to fund an industry that wants to regulate it in their favour, rather than you the member / consumer.

If you have any questions or comments regarding this subject, Inside Timeshare would like to hear from you. We also welcome any comments or information on subjects not covered, if you have been in contact with any company and want to know if they are genuine, we will help you to find out.

The post The Alphabet Soup of Timeshare Lobby Organizations: TATOC – RDO – ARDA ROC & CARDA appeared first on Inside Timeshare.

Yes, it is that time again, the end of another month and what a month it has been. Canarian Legal Alliance has now had 36 Supreme Court rulings in favour of their clients, the latest was on 28 November.

In the latest ruling, again against Anfi, the British clients will receive £22,940 plus legal interest and legal fees, with their contract being declared null and void. Once again the Supreme Court reiterated their previous judgements that floating weeks are illegal.

This latest ruling comes just 4 days after the Supreme Court ruled against Palm Oasis /Tasolan, again the ruling was about floating weeks. In this case the Norwegian clients have been awarded 8,810€ plus legal interest and legal fees. Their contract was also declared null and void.

It does make you wonder why these companies are taking these cases, which have already been ruled over at the lower courts, all the way to the Supreme Court?

We know that Anfi, the RDO and others, still believe that the courts have got it wrong, but after 36 rulings in favour of clients, one has think are they just trying to delay?

It has to be pointed out that these rulings cannot be changed, the Supreme Court has unanimously found in favour of the consumer on each case, with lower courts now using them in their deliberations.

We have even seen this month the High Court Number 4 in Malaga using these judgements in the case against Leisure Group Ltd. In this case the CLA client has been awarded 12,390€ plus legal interest and legal fees. Their contract has also been declared null and void.

Canarian Legal Alliance has now spread its wings from the Canary Islands and over to the mainland. They have had success in the past at the courts in Fuengirola and also in Barcelona, this latest case in Malaga just goes to prove that any contract sold that is illegal will be ruled against no matter where. CLA are certainly becoming a force to be reckoned with.

We have again this month published articles on the changing face of the TCA, it must also be pointed out that several readers have also noticed that articles published here, are several days later appearing on the TCA website. The content has been juggled around a little, but it can be clearly seen from the style of writing where they did originate.

Inside Timeshare is to be honest, quite flattered that they are using our articles, the only problem is one of acknowledgement. When using articles written or published by someone else, it is normal practise to state where this came from citing the source and usually providing a link.

In another piece regarding the TCA, we published the article on incorrect information, this concerned their post on cold calling. In this they stated that “Cold calling in the UK is illegal as it is considered a breach of privacy”. As we showed in the article, cold calling is not illegal, but there are some very important a rules regarding how it is done. These were published along with a link to the Information Commissioner’s website for the full regulations. (see link below)

https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/telephone-marketing/

We also highlighted a problem regarding owners data, in this article and the follow up, we looked at the battle going on between the resorts / developers and owners, as to who controls / owns this data.

One of our readers, Edward, wrote part of the first article, here he showed how his resorts community of owners have been trying to use the members database to contact and inform owners of changes at the club. Even the Spanish Data Protection Agency believe that it belongs to the owners and the resorts / developers are only users and custodians of this information.

We all know that lists of members are sold on to others, as we stated in both articles, even Diamond have acknowledged employees and ex-employees have taken data and sold it on. We even explained that for many on the sales staff, keeping records of clients is like an insurance policy, to be used when they no longer have a job. Remember data is a commodity, it can and will be sold, it has yet to be proven if any of this data has been misused by owners committees, that I very much doubt.

Irene also published many articles this month, one was just after the presidential election, this was titled “Dialogue: The Way Forward”.

In this piece she explained how the divisiveness of the election equates to that in the world of timeshare, owners Vs resorts / developers. In the article we address the problem and the only solution, “Dialogue”. The need to work together to ensure that owners and the industry benefit, it is a long shot but somewhere along the line there must be a coming together, if not there will no longer be an industry.

In the article “Illness: Is not a Reason to Surrender your Timeshare” myself and Irene highlighted a very huge problem, that of the elderly and sick. This is a problem for owners on both sides of the great lake, we have seen this with the ongoing story of Mrs B and MacDonald Resorts. Owners unable to use or travel due to illness yet still paying maintenance and being unable to surrender their membership. In some cases they can, but the financial penalty is quite often a huge one, for instance, MacDonald Resorts want 4 years worth of maintenance, but this is not guaranteed, it is if they “allow” you out. (see link below regarding MacDonalds)

http://insidetimeshare.com/macdonald-resorts-reasonable-recompense-relinquishing/

Tauro Beach also came into the news again this week, with the announcement that the Canarian Government was revoking the concession awarded to Anfi Group for the Tauro Beach Project. This follows the prosecution of the former head of the Coastal Authority, the investigation into the Mayor of Mogan over the permissions and licenses given for the project. This will obviously cost Anfi a fortune, not just what they have already spent on it, but the cost of repairing the damage caused. The question is now who will foot the bill, the company or the members with increased maintenance?

So, that is November, it now remains to be seen what happens in December. Although with the Christmas and new year period, it will be a rather quiet month. Inside Timeshare would like to thank Irene and all the other contributors to the articles published this month. These contributions help to make Inside Timeshare more balanced, they also provide a great source of information which might just get missed.

If you require any information on any article published, or you have something we have missed, Inside Timeshare would love to hear from you. If you have a story you would like to share, contact us and we will work with you to publish it.

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

There seems to be no end to the problems that beset the timeshare industry, the latest is the news of a $20 Million award by a San Francisco jury to a former timeshare sales representative. She brought her case for unfair dismissal, after she complained about the way she was made to sell the product.

We all remember the old days, when reps would say anything to get the sale, the high pressure tactics and in some instances the intimidating placing of “security” at the exit doors. This may sound a little far fetched but it is well documented, fortunately in Europe this practice is in demise.

Most sales teams now operate in a more professional manner, although this does depend on the company involved. We have highlighted in many articles how timeshare has been sold, including the practice of financing consumers who would not have been eligible for a loan, had the normal credit checks been made.

Also it must be remembered that in the past there was no basic pay, everything was commission based, no sale no pay. This particular method will always lead to sales staff using heavy handed, pressure tactics and lies. It was also a very transient business, especially in Europe, where reps would travel from one company to the next, believing that the grass was always greener on the other side.

Now to the main story from Irene Parker.

Wyndham’s $20 Million Woes

Is Hyatt Next?

By Irene Parker December 1, 2016 –

November 18, 2016 Dolan Law Firm Press Release

Whistleblower Exposed Financial Fraud of Elderly by Wyndham Vacation Ownership – World’s Largest Timeshare Company.

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting timeshare fraud on the elderly (San Francisco Superior Court Case No. CGC-12-526187). The verdict, read late on Thursday, November 17, 2016, followed a one-month trial in which Williams was represented by Chris Dolan of The Dolan Law Firm and Anne Costin of Costin Law Inc.

 https://dolanlawfirm.com/2016/11/wyndham-vacation-whistleblower-verdict/

“Evidence presented at trial revealed that Wyndham employees engaged in “pitching heat,” high pressure sales tactics involving deliberate lies and misrepresentations to get people to buy more timeshare “points.”

Franz Hanning, head of Wyndham Worldwide Corporation’s timeshare division, has submitted his resignation.

Timeshare sales agents targeting the elderly to sign perpetual contracts, with little or no secondary market, in a same day “impulse” buy are nothing new. There are good timeshare companies and honest timeshare agents, but the overwhelming number of complaints voiced on the internet and on angry owner timeshare Facebook pages and websites are disturbing.

It’s a worldwide problem. The Canarian Legal Alliance in Spain has over 2000 timeshare cases pending. The selling tactics, resale scams, problems with limited availability and rising maintenance fees are pandemic.

Many timeshare victims struggle under the weight of rising maintenance fees. They cannot afford the cost of a legal defense or wait out a lengthy and costly trial. New York Attorney General Eric Schneiderman halted sales at The Manhattan Club in 2014 due to problems with availability. “The investigation is proceeding, and the motion to dismiss a currently pending class action suit has been adjourned to January 5, 2017 for now,” said Douglas Wasser, an attorney representing a number of Manhattan Club owners.

Two former timeshare sales agents talk about their experiences working at Hyatt. Whistle blower is a legal term, but I dislike using this term to describe those who come forward only to benefit others in order to stop harmful business practices. Both the former agents I spoke with would like to see the industry improved. They are in year five of a three whistleblower class action against Hyatt.  Hyatt did not respond to my request for comment.  

Candace Czarny

“I worked in the timeshare sales industry for approximately 2.5 years.  What happened to Trish Williams at Wyndham is very similar to what I experienced at Hyatt.”  

If you are a Hyatt timeshare owner who feels that you have not been dealt with honestly and fairly, Candace would like to hear your story.   

You can contact Candace at:  timesharecomments@gmail.com

Concerns:

Former Hyatt timeshare sales agents have testified that they were instructed by Hyatt to make certain false statements and omit certain facts when communicating to Hyatt owners and potential clientele in order to make more sales.

Specifically, they were told to tell owners that they had previously signed a document (a document that didn’t exist) that waived their right to upgrade.  

Furthermore, (one or all) sales agents were instructed by Hyatt to make the following false or misleading statements:

• If you do not purchase today, the purchase incentives being offered that day would no longer be available.

• If you do not purchase today, you will lose your right to upgrade to a higher value timeshare in the future.

• If you do not purchase today, you will not be able to purchase a one-week timeshare in the future. You can only purchase a two-week timeshare.

• If you do not upgrade your existing timeshare today, you will not be able to upgrade it later.

• Phase I property was not available for purchase – only the more expensive Phase II property was available.

Second Whistleblower asked not to be identified:

Like Candace, a second agent worked as a sales agent for Hyatt and Diamond Resorts:

“With the outcome of the Wyndham Whistleblower trial, there is a real possibility people will finally hear us. Former timeshare agents coming forward could be the vehicle needed to bring predatory timeshare sales into the light of day.

The Arizona Attorney General was provided with sheer volumes of information concerning my claims of fraud, but there was a lack of discernible enforcement or investigative efforts.  

(As reported in a prior article, the Florida timeshare division only acted on 110 out of 2,360 complaints filed between April 2012 and April 2014)

http://insidetimeshare.com/news-across-pond/

The Arizona Department of Economic Security, ADES ruled that my constructive discharge for refusing to commit fraud was justified. My attorney stated he had never seen a favorable ruling of that kind in Arizona before.

The Arizona Department of Real Estate refused to investigate fraud allegations unless I went to trial and won. At that time they committed (in writing) to take action against the timeshare company provided I won a trial. I was not able to withstand the demands of a prolonged trial and an army of timeshare attorneys.

Fraudulent misrepresentation is often where the cycle begins. Once the purchaser is locked into buying a non-real estate based product, laws already in place perpetuate a vicious and predatory environment. Consumers waive their right to legal recourse. The protections that consumers are told exist (that the agent is a licensed real estate agent), misleads the buyer into believing oversight exists. Some timeshare companies openly flaunt non-compliance, saying statute is on their side. Although the elderly can suffer special circumstances, young couples deserve equal protection.”

I asked timeshare Attorney Mike Finn if he feels a $20 million whistleblower award is enough to make timeshare developers take off the blinders and face the fact that predatory sales could ultimately weaken or destroy the timeshare industry.   

“Much like the recent Overton case against Westgate in Tennessee, the exposure of the timeshare industry’s abuses is a welcome sight in the consumer protection community. It’s difficult to assess its impact but, like Westgate, I don’t believe it will have an immediate impact on Wyndham’s business practices for several reasons;

Wyndham will undoubtedly appeal and my educated guess is that the punitive damage award will be drastically reduced,

Even if the punitive aspect of the verdict withstands appeal it’s still a small drop in the bucket for this very large publicly traded company, and

There’s a lot of money to be made in continuing these alleged practices as usual.

As you point out, much of the blame lies with the weak regulatory agencies. Until the public puts political pressure on the regulatory agencies, there isn’t enough incentive to change.”

I’m told Hyatt is one of the better timeshare companies. There are a minuscule number of complaints found on the internet about Hyatt compared to other timeshare companies, but the entire industry is probably guilty of some deceptive and fraudulent sales.

It is clear from the stories here, that a major shake up of how timeshare / vacation ownership is sold is needed, not only to safeguard the consumer but also the personal integrity of the sales representative.

It is also many of these practices that have brought about the current situation in Spain, one case in point is the selling of timeshare as an investment. It has been known for sometime this was illegal, yet sales staff had to use this in their pitch, in many cases to ensure they kept their jobs. This is not fair for them or for the consumer, it also leaves the door open for more litigation.

We would like to thank Irene and those who helped with this article, it is through your experiences that we can inform others of what is happening in the world of timeshare, the good, the bad and the ugly.

If you have any information or views on this subject or any other article, Inside Timeshare would like to hear from you. If you have any experience on this matter and would like to share this, contact Inside Timeshare, if you want to remain anonymous, we will respect your wishes.

The post Whistleblowers Expose Timeshare Sales Tactics. appeared first on Inside Timeshare.

We ended November with news of another Supreme Court ruling for clients of Canarian Legal Alliance. Just after publishing (30 November) it was announced that the High Court N2 of las Palmas had found in favour of Norwegian clients of CLA against Palm Oasis /Tasolan.

In this ruling, which followed all the judgements of previous Supreme Court decisions, the contracts were declared null & void, due to the contract being over 50 years and the taking of deposits within the 14 day cooling off period.

The clients in this case have been awarded 448,000 Norwegian Crowns or 49,334€, this also includes legal interest and the return of all legal fees.

Then to start the month of December, it was announced that a British family have just received an early Christmas present, 49,888€. This money is now in their bank account, and was awarded against Anfi several weeks ago, they have still yet to be paid the legal interest and the return of legal fees.

This once again shows that the Supreme Court is having a profound effect on these cases, with payouts coming a lot faster. So it is congratulations to all at CLA and especially their clients.

Yesterday 1 December, Andrew Penman of the Daily Mirror published an article on The Timeshare Consumer Association. Inside Timeshare has been following this story for some time and has published articles on this subject.

His article titled “The Timeshares Consumer Association claims to be an independent consumer champion, but is it”? Tried to find an answer to this question, unfortunately he did not.

http://www.mirror.co.uk/news/uk-news/timeshare-consumer-association-claims-independent-9367808

Mark Rowe denied owning or running the TCA, yet all company records show that he is the director and was appointed in place of William Aspinall on 8 July 2016. It must also be noted that since that date all posts on the TCA website and its sister site timesharetalk, about Monster Travel and Sellmytimeshare.tv have been removed. Readers of this site have also commented that they have placed posts about them and they have been removed within hours.

It was also reported by one of our readers back in September that they had contacted TCA for advice, this is her message to Inside Timeshare:

“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!”

So the question is what is the truth?

It seems that even the intrepid Andrew Penman is having difficulty in answering this one, see the link below for the above comment and others.

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

If you have any comments or questions about any article published, Inside Timeshare will do its best to answer, if we don´t know the answer we will find it for you.

Have a good weekend.   

The post News on Friday appeared first on Inside Timeshare.

Following on from the article published on 1 December titled: Whistleblowers Expose Timeshare Sales Tactics, Inside Timeshare was sent an an article written by Gretchen Morgenson of The New York Times. It is an interview with Patricia Williams, who recently won her case against Wyndham for unfair dismissal, the San Francisco jury awarded her $20 million for lost earnings, emotional distress and punitive damages.

In the interview which was conducted by telephone, Patricia explained how she was branded a “troublemaker”, because she pointed out and complained about inappropriate sales techniques she and other sales staff had to employ. The constant high pressure selling especially to the elderly, with upgrades along with loans or mortgages, in some cases credit card accounts were also opened for purchasers without their knowledge or permission.

Patricia had worked in the timeshare industry for over 15 years, she was also, as all timeshare sales agents in the US, a licenced real estate agent, so it is not hard to see the dilemma she was in. It is about personal integrity.

This trial has caused her considerable stress, she was unable to find work as a sales representative in any field, it also had a severe effect on the relationship with her longterm fiancé, resulting in a break up. She also admitted that it had caused her to start drinking heavily, and at times she had to “raid” her parents kitchen for food. The only work she could get was low paid, with the most recent being a hostess at a restaurant for only $9 an hour.

Patricia was finally asked if she would do the same again, even with the knowledge of the consequences of being a “whistleblower”, her answer was definitely, “Protecting these vulnerable elderly owners,” she added. “That was the main reason I was able to continue.”

It is such a shame that this case had to be brought, if Wyndham had listened in the first place, changing how their product is sold and the way sales agent are made to lie, timeshare would have a better reputation. This is not just the case in the US, Europe has also seen the same tactics employed. Sales staff saying anything to get the sale, the oral representation clause, if it was not written down it didn’t happen.

For the full interview and article see the link below.

http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=1

If you have any comments or questions about this or any article published, use the comments section to contact us. If you need any information on any company or want to know how to find it, Inside Timeshare will be pleased to help.

The post Wyndham Whistleblower: Update appeared first on Inside Timeshare.

Continuing with our US timeshare theme, Irene Parker today highlights some of the problems that beset consumers in the USA, she asks the question who do consumers go to when they have a problem or complaint?

In this article she tells the story of an elderly couple Kathie and Wes Olds, who are Diamond Platinum members, 50,000 points, the concerns they raise about the constant upgrades and how they were encouraged to open a Diamond Resorts “Barclaycard”.  By using this card for purchases they could earn around 1.5% in the “Cashback scheme” which could be used towards maintenance fees, as they found it was not going to be that easy.

Irene also explains how the Olds, were told they could use their points towards the $8,200 a year maintenance fees at $0.50 a point, only problem is to be eligible they would need to purchase more points. As Irene put it previously the Olds were now part of the “Continuous Money Making Machine”.

Enjoy the article, it is certainly an eye opener.

FTC = Federal Trade Commission

FBI = Federal Bureau of Investigation

Is the FTC or FBI an avenue for Change for Diamond and other Timeshare Owners Devastated by Little or no Secondary Market?

By Irene Parker

Inside Timeshare

December 5, 2016

Timeshare today has been reduced to high pressure, often hours long sales presentations demanding prospects sign a perpetual contract today or lose incentives and perks that will be gone forever. The contract language often includes, “Heirs, successor trustees and personal representatives bound by the contract obligations.” Throw in the limited or nonexistent secondary market and you have a recipe for disaster.

Inside Timeshare previously told the story of the Saldana family. The family has since surrendered their Diamond contracts due to rising maintenance fees. Remaining is a $33,000 home equity loan. With legal help, they quite possibly could have been released from a timeshare loan. Timeshare buyers are often encouraged to obtain a home equity loan due to timeshare’s 14% to 18% loan interest rate. This conveniently lets the timeshare developer off the hook when the owner can no longer afford the rising fees.

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

The Saldana family was encouraged to open a Diamond Resorts “Barclaycard” to become a Diamond platinum member so that they could charge their maintenance fees. A Diamond “point” historically costs $2 to $4 a point, but if used for maintenance fees, is worth only a few pennies on the dollar. They declined.

The Olds Family did open a Barclaycard.

Kathie and Wes Olds, ages 68 and 69, acquired enough Diamond points to become Platinum members. Like the Saldana family, the maintenance fees have become cost prohibitive. The Olds family own 50,000 Diamond points.

At their last Diamond “Owner’s Update” at Mystic Dunes in Orlando, Wes and Kathie expressed their concern over rising maintenance fees. The sales agent said they were in luck. Apollo Global Management, the private equity firm that purchased Diamond in a $2.2 billion buyout this past September, said effective February 2017 owners could “cash in” their points for $.50 a point and use them to pay maintenance fees, but they would need to buy another 10,000 points for $37,000. The sales agent suggested a home equity loan. Remember, we said points historically have sold for $2 to $4 a point.

The sales agent said Apollo will be reducing the requirement from 75,000 to 60,000 points to be eligible for this “cash in” program. The family has invested approximately $100,000 in their Diamond resort vacation plan and the maintenance fees have grown to $8,200 a year. Wisely, the family decided this was not a good solution.

The family has other concerns over the use of the Barclaycard. They were told their credit card purchases would earn them 1.5% cash back which could be applied to their maintenance fees. They learned later this was easier said than done because they would have to petition Barclays bank in order to make this happen.

The Consumer Financial Protection Bureau is currently investigating Westgate timeshare. The CFPB has denied Westgate’s petition that the CFPB was overreaching their jurisdiction. Westgate claimed the CFPB should only investigate lending. Clearly, sales and marketing are part of the lending process. Sadly, it is expected the CFPB will be weakened or dismantled post US presidential election.

Ironically, the Florida Attorney General reviewer reviewing my complaint suggested I contact the FBI since their office pursues so few complaints. I had asked how to change bad business practices since change won’t happen lawsuit by lawsuit. Furthermore, few Attorney Generals in the US will pursue timeshare complaints. Exceptions have been New York AG Eric Schneiderman who halted sales at The Manhattan Club and the Tennessee AG lawsuit against Festiva.

Should we ask the FBI at IC3.gov to look into our complaints?

https://www.ic3.gov/default.aspx

I asked Mike Finn of the Finn Law Group what he thought. “I think between the FBI and the FTC you’d have better luck with the latter. The FBI essentially investigates criminal activity and I don’t think anyone is going to categorize timeshare fraud as criminal activity, at least not yet. The federal trade commission has a terrific statute on deceptive trade practices and advertising on its books. Most states have used a portion of the federal language in their own statutes so it does make deceptive practices a national issue. Unfortunately there is no private cause of action and although you can file an FTC complaint they do not have the resources to investigate them individually.”

Translation: From Wikipedia

Implied cause of action Circumstances when a court will determine that a law that creates rights also allows private parties to bring a lawsuit, even though no such remedy is explicitly provided for in the law.

“That is unfortunate because the feds would do a lot better job than the states that could be influenced by campaign contributions. The issue should be looked at nationally since so many of the developers operate in so many states and their practices are all the same,” Mr. Finn added. Mr. Finn does recommend people file complaints with the AG offices, CFPB, IC3 and the FTC because it takes volumes of complaints to change anything.  

Well, we’re back to public outcry and public awareness.

Why Did Mylan Hike EpiPen Prices 400%? Because They Could

http://www.forbes.com/sites/emilywillingham/2016/08/21/why-did-mylan-hike-epipen-prices-400-because-they-could/#45c18ac6477a

Mylan hiked prices because they could. A generic EpiPen appeared practically overnight when public outcry demanded action.

The same holds true for predatory timeshare lending. Predatory timeshare lending will continue unchecked until more voices demand regulatory change. Right now public awareness seems to be it. Retirement advocates like AARP American Association of Retired Persons have been strangely silent despite the fact that the industry targets the elderly.

On November 17, a jury awarded a Wyndham former sales agent $20 million for exposing this. More former timeshare agents are coming forward to share their experiences from Inside Timeshare and Inside Timeshare is here to help them.

Lawmakers passed laws in Florida that went into effect July 2015 making it more difficult for timeshare owners to be released from contracts.  

http://insidetimeshare.com/news-across-pond/

Regulators and lawmakers have been no help.

What’s an owner to do? We ask other owners to comment if they are in a similar situation.        

Links:  Television interview with Ralph Marble

http://insidetimeshare.com/illness-not-reason-surrender-timeshare/

Wyndham Whistleblower $20 jury award

http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/

Roddy Boyd of Southern Investigative Reporting Foundation includes the history of Diamond’s price per point in his article “Diamond Resorts and Its Perpetual Mortgage Machine.”

http://sirf-online.org/2016/03/07/27464/

Inside Timeshare would like to thank Irene for all her hard work and research into the complicated world of US timeshare, also many thanks to Mike Finn, of Finn Law Group for his views on the subject of who to direct any complaints you as consumers may have. This article also highlights the need for tighter control of the industry and how as consumers we need to come together to address this ongoing problem. It also shows that until the resorts / developers actually take notice of those who keep them in business, the problem is not going to go away.

If you have any comments or questions on this subject or any other article published on Inside Timeshare, use the comments section to contact us. If you have a story and would like to share this with others contact us and we can work together to publish it and let other owners know what is going on.

The post Call for Change in the US Timeshare Industry appeared first on Inside Timeshare.

Since April 2016, Inside Timeshare been highlighting the case of Mrs B and her sister and the ongoing battle with MacDonald Resorts and Hotels. I have today spoken with her and she is now happy for her name to be used, Here is her story.

In February 2000 Mrs Price and her sister were on holiday on the Costa del Sol, they attended a presentation at The Dona Lola Club in Calahonda Mijas Costa. At this presentation they purchased 2 weeks in a 3 bedroom apartment, the cost was £7000. The presentation lasted in excess of 4 hours, now as Mrs Price is 87 and her sister now 80, that would have put them at 72 & 65 years old at the time.

Mrs Price stated that the presentation was high pressure and they felt pressurised into the purchase, they then parted with the £7000 there and then. What we now must remember is the regulations on taking any payments within the 14 day cooling off period had been part of Spanish law (42/98) since January 1999. It was also part of the EU Directives on Timeshare. Mrs Price and her sister were not made aware of this fact.

So the sales department at Dona Lola had blatantly flouted a law which had been put into place to protect consumers. This in itself makes the contract they signed null and void.

In her statement Mrs Price also goes on to tell about the other lies and misrepresentations told by the sales person, all in contravention of timeshare regulations.

1. They were told that their purchase was an investment, it has only become a liability.

2. The salesperson told them that the resort would buy back the timeshare for the same price they paid, when they no longer wanted it.

3. They were not made aware that the contract was in perpetuity and would last forever. Again in Spain any contract over 50 years is illegal and would make it null and void.

4. Mrs Price and her sister were told that maintenance fees would only increase with the rate of inflation, over the years this was not so, They were also not informed of the historical or current rate of inflation in the 5 years prior to signing the contract.

5. They were led to believe that they were purchasing into an exclusive club, that only members and their guests could use. They then discovered that non members were using the resort at less than the maintenance fees of members.

6. By becoming  a timeshare owner they were told that they would be entitled to various discounts. These were for car rental; travelling, airport transfers and other holiday products. Yet they found out that these discounts were also available to the general public.

Mrs Price, also states that had they been honestly informed of the true position, they would never have purchased this timeshare interest.

To make matters worse, in the time they have owned they have never used this timeshare, this has been due to illness and being unable to travel. Yet they have been obliged to pay the annual maintenance fees and have done so since the purchase in 2000.

After many years Mrs Price tried to sell her timeshare but to no avail, there were no takers. They also tried to surrender their timeshare, even refusing any payment for it, the resort refused.

The original timeshare they purchased was for 2 fixed weeks in a specified apartment, since then they have been transferred from fixed weeks to the points system, without their consent. Again under the ruling made by the Spanish Supreme Court in Madrid, points and floating weeks have been declared illegal and therefore the contract can be considered null and void.

We now move on to 2014, they were contacted by ITRA and duly signed up in may of that year to relinquish and lodge a claim for monies paid. The cost for this was £5695 this was for the Dona Lola timeshare and another at Oasis Lanz, this was paid on 26 May 2014.

On 25 February 2015, a UK notary visited their home and they signed power of attorney and the paperwork for the transfer of the timeshare. On 10 April of that same year Mrs Price received notification that she no longer owned or was responsible for the 2 timeshares. According to the paperwork she received both had been sold to the same person for £1 each. (see Spanish notary document pdf)

Since then they have had no contact or maintenance demand from Oasis Lanz, but have had constant demands for maintenance from MacDonald Resorts. They have also had calls and letters from Network Credit Services based in Lanarkshire, with demands and threats of legal action if not paid. The amount is for £1412.54 and they have now had a demand for the maintenance for 2017 which has increased the amount to £2353.24 which will no doubt be passed to Network Credit Services.

When Inside Timeshare contacted Network Credit Services 26 April 2016, we spoke to their agent Maureen, who did put the debt on hold but this would only be for 30 days. They also stated that MacDonald Resorts do not recognise any transfer by ITRA, Mrs Price was unaware of this and would not have taken up ITRA´s services had she known.

Both Mrs Price and her sister are not in good health and are even unable to leave the house. Speaking with her today, she was hoping that someone would be able to take some mail to the post office for her, as she could not go out.

So what of MacDonald Resorts, well there really is not much you can say without using some very profound expletives. Also TATOC are not blameless in this either, Harry Taylor is all for the points system and has publicly stated that it would be better for MacDonald members to accept the change.

To MacDonald Resorts, Inside Timeshare urges you to look at this, to accept that 2 elderly and not well ladies are being harassed by you and your debt collectors, even though you have received years of maintenance from them and let them go.

We urge you to cancel the demands for payment, cancel the membership and leave them in peace. Inside Timeshare will not let this go, we shall publish this story wherever we can, and will continue to publish until the matter is resolved and Mrs Price and her sister are left alone. Contact Mrs Price, make an apology and do what is right not what makes a profit!

Timeshare does not have a good reputation, MacDonald Resorts are not helping in their behaviour, after all how many times have we seen them in the news for these type of actions. Tony Hetherington has published many stories about them. The BBC only recently highlighted a case where another family had the same problem of not being able to surrender.

MacDonald Resorts themselves offer a surrender program, but it is quite honestly a joke. They only offer it to selected resorts every 2 years, they also want around 4 years maintenance fees and it is on a first come first served basis. So there is no guarantee that you as a member will be accepted.

If the timeshare industry is to continue (we have said this before, the idea is good one), companies such as MacDonalds need to change how they operate and treat the people who keep them in business.  TATOC need to ensure they also change how they work and start to help the very people who also make sure they exist. After all without the timeshare companies all the staff at TATOC would not have any jobs.

Related Documents

spanish_notary_document_01

spanish_notary_document_02

itra_letter_confirming_transfer_of_timeshare_interests

Links to BBC Program and Tony Hetherington

http://insidetimeshare.com/bbc-scotland-investigates-problems-timeshare-contracts/

http://www.thisismoney.co.uk/money/experts/article-2346500/TONY-HETHERINGTON-I-escape-nightmare-sun.html

http://www.thisismoney.co.uk/money/experts/article-2698355/TONY-HETHERGINGTON-Even-death-not-rid-timeshare.html

http://www.thisismoney.co.uk/money/experts/article-2527546/TONY-HETHERINGTON-Timeshare-boss-relents-spite-fighting-talk.html

http://www.thisismoney.co.uk/money/article-1323162/TONY-HETHERINGTON-Death-doesnt-bring-end-timeshare-fee.html

If you have had problems such as this, Inside Timeshare would like to hear from you, it is only through constant publication of stories like this will the timeshare industry change for the better. The concept of timeshare is a good one, if it was run in a manner where members are treated with respect and dignity, not just as machines to produce profits.

The post The Story of Mrs B: Open Letter to MacDonald Resorts appeared first on Inside Timeshare.

Timeshare is not having a good time right now, in Europe and especially Spain the industry is reeling from very costly litigation. This is costing resorts and developers a fortune in returning money for purchases made which have gone against the laws put in place to protect consumers.

In the United States the industry is also under fire, most recently a former sales agent has been awarded $20 million for unfair dismissal by Wyndham. She had been branded a “troublemaker” after she complained about unfair and dubious sales tactics being employed.

We have also seen the NY Attorney General close down the sales operation at The Manhattan Club, due to allegedly fraudulent sales practices involving a “bait and switch” scheme. Manhattan Club buyers learned there was a lack of availability for those who purchased memberships, while the general public could easily book online. A court battle that began in 2014 continues today.

The following article by Irene Parker explains the most recent news coming in from across the Great Lake.

Colorado Attorney General Scores a Goal for Timeshare Reform

By Irene Parker

December 9, 2016

All timeshare owners and buyers want is honesty and a fair price for their timeshare, along with reasonable maintenance fees and a legitimate secondary market. Now a third US Attorney General scores a goal for timeshare reform by exposing deceptive timeshare business practices.

There is something flawed if a product cannot be sold, if it is not sold same day. Even car shoppers are allowed to think about it, and many timeshare purchases cost as much or more than a luxury car.

According to Highlands Resorts’ sales manager Steve Abrahamson, named in the lawsuit, “In the eighteen months he worked for Highlands Resorts, not a single consumer returned after their sales presentation to make a purchase. In his fifteen years in the timeshare industry, Abrahamson never saw a consumer purchase a timeshare after leaving a sales presentation.”

http://www.businessden.com/wp-content/uploads/2016/12/5B3AF6808EF5C.pdf

Colorado Attorney General Cynthia H. Coffman has sued Highlands Resorts at Christie Lodge in Avon, Colorado for deceptive trade practices in Denver County Court. The state is also suing sales manager Greg Penrod and twelve other defendants. Several were outbound telemarketers.

Sedona Pines Resort in Arizona was also named in the lawsuit. I spoke to a former Diamond sales agent. Diamond agents cannot disclose any company policies or procedures due to a “CNDA” sales agent agreement they are required to sign. It stands for “Confidential non-disclosure agreement” and is designed to discourage Whistleblowers. Not all agents are dishonest, so the sales agent, who realizes something very wrong and harmful is being done to consumers, wants to tell their story.

In this case, the agent said Diamond Resort owners, desperate to be released from rising maintenance fees, went to presentations at nearby Sedona Pines hoping for alternatives. Diamond Resorts owns four resorts not far from Sedona Pines. Diamond has been accepting qualified voluntary surrenders, charging a $250 transfer fee. The Pines agents knew about the Diamond surrender program, but would instead inflate the price of the Pines program to make Diamond owners think they were getting something for their Diamond points or weeks as a trade-in. For example, a dollar amount would be added onto the purchase price as a “trade-in” if the consumer purchased a $15,000 Sedona Pines program. The points would then be transferred back to Diamond and Diamond would resell the points for full resale.

The Colorado lawsuit provided an example of fake pricing. “A fake price sheet itemized costs totaling $25,224, which included $6,995 in RCI upgrade points. If the buyer purchased today, Highlands promised to pay the $6,995.  However, Highland did not pay the $6,995. They only paid $179 in RCI dues instead of the $6,995 for RCI points.”

Amy DiPierro is a reporter for BusinessDen. She writes:

According to the state, “Highlands Resorts and its owner, Telluride resident Todd Herrick, “intentionally deceived, misled, and financially injured consumers” using high pressure selling tactics. Highlands Resorts is one of a larger group of timeshare companies controlled by a resort called Sedona Pines in Arizona. On its website, Highlands Resorts says it operates one resort in Durango and two resorts in Arizona.   

The state, which is represented by the office of Colorado Attorney General Cynthia Coffman, is seeking payments of $325,000 from those four defendants and a permanent injunction that would stop them from, among other things, advertising timeshares without displaying fees and conditions. A spokesperson did not respond to a message seeking comment.

http://www.businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/

Similar deceptive and misleading sales and marketing tactics are outlined in other lawsuits. Candace Czarny and two other former Hyatt sales agents filed a class action Whistleblower lawsuit against Hyatt timeshare. Candace is seeking Hyatt owners who feel they have been deceived by misleading and deceptive tactics.

http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/

A jury awarded former Wyndham timeshare sales agent Trish Williams a $20 million Whistleblower award. Wyndham issued a statement saying the tactics used are not representative of their company policy, according to the NY Times.

http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=1

The Tennessee Attorney General Herbert Slatery III recovered $3 million for Festiva timeshare victims.  

https://www.tn.gov/attorneygeneral/news/38312

The Consumer Financial Protection Bureau is in the second year of a Westgate timeshare investigation.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-probe-westgate-resorts-tactics-20160318-story.html

It’s getting harder to believe these practices are not representative of timeshare.

  Who’s Next?

Part II of this article will examine the fourteen defendants charged with violating the “Do Not Call” list to offer vacation incentives they proclaim are valued at $1,900. The lawsuit claims these certificates cost the developer $40.

I personally received a call from Fort Lauderdale yesterday. When I mentioned I was on the DNC list, he apologized and proceeded with his pitch. This is outbound telemarketing, so there is no way to contact the person or company that called.

We’re up to three Attorney Generals who have sued the timeshare companies. Timeshare developers figure in the cost of owner lawsuits as part of their annual budget. They do not figure in the cost of an Attorney General suing the company.

In the case of Christie Lodge, the resort is open but the sales program is not operational.

So the question that must be asked is when will the industry wake up and change how it operates, not just in the USA, but in Europe and the rest of the world?

Inside Timeshare once again thanks Irene for her contribution, without her efforts we would not be able to bring you the news from across the water, bringing consumers together in a cause that affects all timeshare owners. Honesty, integrity and fairness are the elements that are missing in this industry, it must be said that not all are guilty of this, there are some who do work by these principles, but it is those who don´t that give it a bad name and reputation.

If you have any questions or comment about this or any other article published, use the comment section to send us a message. If you have a story or information that you would like to share, Inside Timeshare would like to hear from you.

The post Another US Attorney General Exposes Deceptive Tactics. appeared first on Inside Timeshare.

Inside Timeshare has run several article on the difficulty many people have in “getting out” of their timeshares, not just in Europe but also in the USA.

Recently one of our regular readers Alan Stewart sent in some information which to say the least was staggering, this involved one company that we have written about in the past, MacDonald Resorts.

As we know they have put into place a relinquishment programme, which they believe is fair, most would not agree. Under their system a limited number of people can apply to hand back their membership, this is on a first come first served basis. It is also only offered every other year with limited numbers. Another aspect is the amount of maintenance they require in order to hand back, four years worth. For many that could be a huge amount.

The information Alan has supplied, apparently from the AGM documents is as follows:

From the Villacana Club;

36 apartments have been removed from the club and transferred to MRL. (MacDonald Resorts Ltd)

939 Holiday Certificates have been given back to MRL.

Also that £417,163 went into the Clubs Sinking Funds because of the money paid by owners to get out, but what it doesn’t say is that £1,251,489 went into MRL’s own pocket because of this.

I have just found out that they have also got from Elmers Court £1,091,985 that’s £2,343,474 so far from just two clubs.

I wonder just how much they received altogether from all the Clubs for their so called “REASONABLE RECOMPENSE”

In his message Alan uses the term from MacDonalds themselves “REASONABLE RECOMPENSE”. What is reasonable about taking these amounts from members who have paid their maintenance bills for years?

Why do they still pursue old ladies such as Mrs B for non payment, even though they paid for 10 years without using due to illness? (see link below)

http://insidetimeshare.com/illness-not-reason-surrender-timeshare/

It is well known that for these companies to continue to operate they need the maintenance / management fee from you their members. With an ageing membership and the lack of “new blood” buying into these clubs, they have dwindling finances, as they tell you themselves, the cost will be passed to remaining members. That is the excuse they use for “Reasonable Recompense” from those wanting to leave.

The question is why are people not wanting to buy in?

The simple answer is the internet now offers a bigger choice, without the problem of maintenance, another reason is probably down to the industry itself. Many may have seen the problems associated with timeshare from their own parents and family, this would obviously put them off. So again the industry has only itself to blame. Unfortunately it will be the remaining owners who will have to stump up the money to keep these clubs going, after all someone has to pay and it will not be the company.

Thank you to Alan for the information, it is through people like yourself that we can share with and inform others of what is going on.

The post MacDonald Resorts and Reasonable Recompense for Relinquishing. appeared first on Inside Timeshare.

Timeshare is not having a good time right now, in Europe and especially Spain the industry is reeling from very costly litigation. This is costing resorts and developers a fortune in returning money for purchases made which have gone against the laws put in place to protect consumers.

In the United States the industry is also under fire, most recently a former sales agent has been awarded $20 million for unfair dismissal by Wyndham. She had been branded a “troublemaker” after she complained about unfair and dubious sales tactics being employed.

We have also seen the NY Attorney General close down the sales operation at The Manhattan Club, due to allegedly fraudulent sales practices involving a “bait and switch” scheme. Manhattan Club buyers learned there was a lack of availability for those who purchased memberships, while the general public could easily book online. A court battle that began in 2014 continues today.

The following article by Irene Parker explains the most recent news coming in from across the Great Lake.

Colorado Attorney General Scores a Goal for Timeshare Reform

By Irene Parker

December 12, 2016

All timeshare owners and buyers want is honesty and a fair price for their timeshare, along with reasonable maintenance fees and a legitimate secondary market. Now a third US Attorney General scores a goal for timeshare reform by exposing deceptive timeshare business practices.

There is something flawed if a product cannot be sold, if it is not sold same day. Even car shoppers are allowed to think about it, and many timeshare purchases cost as much or more than a luxury car. There are first day pricing incentives and consumers are told they cannot buy in the future.

According to Highlands Resorts’ sales manager Steve Abrahamson, named in the lawsuit, “In the eighteen months he worked for Highlands Resorts, not a single consumer returned after their sales presentation to make a purchase. In his fifteen years in the timeshare industry, Abrahamson never saw a consumer purchase a timeshare after leaving a sales presentation.”

http://www.businessden.com/wp-content/uploads/2016/12/5B3AF6808EF5C.pdf

Colorado Attorney General Cynthia H. Coffman has sued Highlands Resorts at Christie Lodge in Avon, Colorado for deceptive trade practices in Denver County Court. The state is also suing sales manager Greg Penrod and twelve other defendants. Several were outbound telemarketers.

Sedona Pines Resort in Arizona was also named in the lawsuit. I spoke to a former Diamond sales agent. Diamond agents cannot disclose any company policies or procedures due to a “CNDA” sales agent agreement they are required to sign. It stands for “confidential non-disclosure agreement” discouraging Whistleblowers. Not all agents are dishonest, so the sales agent who realizes something very wrong and harmful is being done to consumers, wants to tell their story.

In this case, the former sales agent said Diamond Resort owners, desperate to be released from rising maintenance fees, went to presentations at nearby resorts hoping for alternatives. Some Pines brokers would inflate the price of the Pines program to make Diamond owners think they were getting something for their Diamond points or weeks as a trade-in. A dollar amount would be added onto the purchase price as a “trade-in” if the consumer purchased a Sedona Pines program.

The Colorado lawsuit provided an example of fake pricing. “A fake price sheet itemized costs totaling $25,224, which included $6,995 in RCI upgrade points. If the buyer purchased today, Highlands promised to pay the $6,995.  However, Highland did not pay the $6,995. They only paid $179 in RCI dues instead of the $6,995 for RCI points.”

Amy DiPierro is a reporter for BusinessDen. She writes:

According to the state, “Highlands Resorts and its owner, Telluride resident Todd Herrick, “intentionally deceived, misled, and financially injured consumers” using high pressure selling tactics. Highlands Resorts is one of a larger group of timeshare companies controlled by a resort called Sedona Pines in Arizona. On its website, Highlands Resorts says it operates one resort in Durango and two resorts in Arizona.   

The state, which is represented by the office of Colorado Attorney General Cynthia Coffman, is seeking payments of $325,000 from those four defendants and a permanent injunction that would stop them from, among other things, advertising timeshares without displaying fees and conditions. A spokesperson did not respond to a message seeking comment.

http://www.businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/

Similar deceptive and misleading sales and marketing tactics are outlined in other lawsuits. Candace Czarny and two other former Hyatt sales agents filed a class action Whistleblower lawsuit against Hyatt timeshare. Candace is seeking Hyatt owners who feel they have been deceived by misleading and deceptive tactics.

http://insidetimeshare.com/whistleblowers-expose-timeshare-sales-tactics/

A jury awarded former Wyndham timeshare sales agent Trish Williams a $20 million Whistleblower award. Wyndham issued a statement saying the tactics used are not representative of their company policy, according to the NY Times.
http://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html?_r=1

The Tennessee Attorney General Herbert Slatery III recovered $3 million for Festiva timeshare victims.  

https://www.tn.gov/attorneygeneral/news/38312

The Consumer Financial Protection Bureau is in the second year of a Westgate timeshare investigation.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-probe-westgate-resorts-tactics-20160318-story.html

It’s getting harder to believe these practices are not representative of timeshare.

  Who’s Next?

Part II of this article will examine the fourteen defendants charged with violating the “Do Not Call” list to offer vacation incentives they proclaim are valued at $1,900. The lawsuit claims these certificates cost the developer $40.

I personally received a call from Fort Lauderdale yesterday. When I mentioned I was on the DNC list, he apologized and proceeded with his pitch. This is outbound telemarketing, so there is no way to contact the person or company that called.

We’re up to three Attorney Generals who have sued the timeshare companies. Timeshare developers figure in the cost of owner lawsuits as part of their annual budget. They do not figure in the cost of an Attorney General suing the company.

In the case of Christie Lodge, the resort is open but the sales program is not operational.

So the question that must be asked is when will the industry wake up and change how it operates, not just in the USA, but in Europe and the rest of the world?

Inside Timeshare once again thanks Irene for her contribution, without her efforts we would not be able to bring you the news from across the water, bringing consumers together in a cause that affects all timeshare owners. Honesty, integrity and fairness are the elements that are missing in this industry, it must be said that not all are guilty of this, there are some who do work by these principles, but it is those who don´t that give it a bad name and reputation.

If you have any questions or comment about this or any other article published, use the comment section to send us a message. If you have a story or information that you would like to share, Inside Timeshare would like to hear from you.

The post Another US Attorney General Exposes Deceptive Tactics. appeared first on Inside Timeshare.

Nature is now taking its own course on Tauro Beach, La Provincia, has today published the latest in the debacle that is the Anfi Tauro Beach project. The Canary News which is the English language paper in Gran Canaria, has also published the news on their website.

The warnings that were given about the nature of the tides and waves by locals have come to life, a huge chunk of the beach has now been washed away, revealing what is left of the original pebble beach.

The project to create an artificial beach involved importing 70,000 tonnes of sand from the Western Sahara, this was laid after the old pebble beach was removed. It was also laid without first being treated, this say environmentalists, could cause problems due to invasive species being in the sand. It has already had some detrimental effects on the marine area that is protected which is only 300 meters away.

It is now only 5 months since Anfi stated that work was now completed and weeks after the announcement that Anfi was to lose the concession and rights to run the beach for profit over the next 50 years. This was announced by the Canarian Government with the initial proceedings taking place at the Court of San Bartolome de Tirajana.

The beach has been closed to the public since work began and is still fenced off. Canary News also makes reference in their article about the major investigation being conducted for “corruption investigation and accusations of impropriety at the highest levels of the Canarian Coastal Authority”. We have already seen one prosecution of the former head of the authority and are just waiting for the court to complete the trial. The Mayor of Mogan is also currently under investigation and it remains to be seen how many more people end up being prosecuted.

Back in August, we saw the homes of the local people being flooded which ended up with a barrier being built to protect homes from flooding again, now with the sand being washed away, what of the remaining beach, after all we have not yet seen the winter storms or very high tides yet.

http://suscriptor.laprovincia.es/gran-canaria/2016/12/13/marea-lleva-parte-arena-playa/889842.html#

Tides take sands from Tauro beach

So the story goes on, as more news comes in, Inside Timeshare will publish it here. If you have any comment or questions about any article published, or if you have some information you would like to share, please use the contact form on the website.

The post Tauro Beach: Latest Development appeared first on Inside Timeshare.