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For those who have taken out timeshare recently, there is a new EU directive which details how you can escape from the 'contract' - it's a very long document but there is a brief summary available on the link below, together with a further link to the document itself.

Nothing unexpected, but good news for all timeshare victims.

http://ec.europa.eu/consumers/consumer_rights/travel/timeshare/index_en.htm

USA DRI Members

Dwaelf the Wanderer a posted Aug 22, 15

We've been getting an increasing amount of applications from disappointed and disillusioned DRI owners from the US lately,  and have been wondering how best to help them out.

As our admin team hail from the other side of that big pond known as The Atlantic Ocean, we have a greater understanding of the legal implications of timeshare membership as a whole and DRI (Sunterra/GVC/whatever) membership in particular and we have a large member base in the UK and Europe who happily share their experiences with the company in the forums.

Our US members tend to be more reticent, though we have had some who have been willing to keep in touch and confirm that they have managed to free themselves from their timeshare. We therefore ask our US members in particular to please post on the forums tactics that have helped them to escape so that we can increase our knowledge base of how things pan out over there in the Wild West.

Information US members may find Interesting

Having said that, we do have admin members who trawl around the Internet finding out interesting snippets all over the place, and here are some things that have recently been discovered:

There was a posting on the web at http://insidethegate.com - it was a press release dated May 18 2015 by the lawyers  Mitchell, Read, Sussman and Associates. In their own site there examples of actual US "release" letters from DRI.

It was heard in the Superior Court of California, County of Riverside, Judgement date February 4 2015, award finalised April 20 2015. Case number PSC 1400640

This case received little publicity and it was interesting that shortly afterwards the article about this in the Insidethegate Facebook page disappeared, BUT it is still available at http://insidethegate.com/2015/05the-law-offices-of-mitchell-reed-sussman-associates dated 27/07/2015 and, of course, in the lawyers' own site. (at least, it was until recently - hopefully still is!)

We are reluctant to post details on a public page of the site, but thought that it might be of interest for US members to investigate this further and see if they have better luck in accessing the court records than we have had so far.

As this was a US arbitration case and not a court case result we are not sure about the precedent status in US terms but it is still a very adverse result for DRI.

(Many thanks to the team member who researched this - she knows who she is and how much her input is appreciated)

Dwaelf the Wanderer a Many apologies to all who have been waiting for a response to their applications, and no Dossy, the site isn't dead...
dossy Is this site dead? There appears to be a bunch of content that's restricted, and I registered an account and compl...

Well, here I am, visiting relatives in Kent, and what do I find? Yes, you guessed it, touters trying to get 'compensation' for timeshare owners and promises to free them on a no-win-no-fee basis. Heigh Ho. Nothing particularly new in their approach - 'we're getting a group of thousands together' 'I'll explain in words you can understand' (patronising beggars!) - 'the only way you can get out is to hire a lawyer' 'when you die, they'll get their money one way or another' &c &c. My wife found them yesterday rabbitting on about 'helping' some people who were members of Club la Costa and telling them they were getting a group action together against the said organisation. Then today I found them doing the same pitch with some DRI members. So I congratulated the man on his very well executed scam presentation. I don't think he was very pleased with me. He went to get his colleague and they both tried very hard to persuade me that they were legit and working for a solicitor. When I pointed out that I knew there was no action being prepared against DRI, they said they were going against RCI first. Oh, and that they had been working on the action for over 5 years so they could get 'thousands together' for the case.

So, here's a question. If they aren't charging anything for their advice until after the case (which as I said is purported to be on a no-win-no-fee basis). WHO HAS BEEN PAYING THEIR WAGES FOR THE LAST 5 YEARS? I know how NWNF cases are handled, having already been through the process successfully, and though they do take one or two years to prepare, they don't take 5 years as that wouldn't be cost effective. Furthermore, they are initiated by open public meetings and consultations taking up to an hour, not by getting couples together in a private interview that lasts a few hours. Why see people in pairs, which would cost a fortune, rather than in groups, which would be cheaper? Oh yes. Because a single couple is easier to persuade than a group. Of course. If you want to get thousands together, you don't do it 2 by 2.

Next irritating point. Yes, there was a court action against RCI. RCI are an EXCHANGE organisation. They take a week or points from timeshare owners and bank them. They then give the owners a different week at another time or place in exchange. The case against them is based on the fact that they are accused of 'skimming' off the best properties banked with them, and exchanging them for properties of a lower standard. What the heck that has to do with people trying to get out of a timeshare ownership contract, I totally fail to see. The touters I came across quoted the solicitors who handled the RCI case in 2013 as being 'their' solicitors and stated they were getting thousands together. Independent sources say it was about 500, and anyway the case has already been brought and RCI are due to submit their defence this month (August). You can't join an action after it has been submitted, so what would they still be interviewing people for?

The thing I found most interesting, however, was the fact that when I mentioned the word 'scam' rather loudly, some time was spent trying to persuade me that they were no such thing. This included the man involved standing in a supposedly threatening posture right beside me. (The fact that he was only about half an inch taller than I made it less than impressive, and I've been threatened by bigger and very scary people in my time so was more inclined to laugh than cower.) So another big question. IF THEY WERE REALLY LEGAL EXPERTS AND I WAS DEFAMING THEM, WHY DIDN'T THEY COLLECT EVIDENCE AND SUE ME FOR SLANDER? After all, I was in a public place declaring that they were trying to con the public. What more did they need?

So, DRIPs, if you see or hear some poor innocent people being told a load of hogwash, please don't just ignore it. At the least, quietly slip the victims a piece of paper with our website on it so they can make an informed decision. Don't let the bullshitters get away with it!

Marjorie51 Today's Telegraph. Financial pages, Ask Jessica, In 2013 a group of friends entered into an arrangement whereby th...
cremator My husband showed me a full page advert in the IAM (institute of Advanced motorists) magazine from someone offering to s...
Marjorie51 I have just read the latest publicity statement from ITRA. It starts well and almost copies Dwaelf's earlier note o...

The following article is taken from the Canarian Legal Alliance website:

Spanish Supreme Court’s decision declaring Timeshare Contracts in Perpetuity NULL & VOID 03.04.2015

April 3, 2015 by CLA

The importance of this Supreme Court decision is HUGE. In Spain access to the Supreme Court is very very limited. Only claims for more than 600.000 euros may have access. In other cases for the claimant to have access, he/she needs to show that there is real legal interest, for instance, that there is a real need of a unified interpretation about a controversial legal point that perhaps has been decided in different ways before. In this case the Supreme Court judgements have the effect to interpret the law and how has to be applied by the other Courts (First Instance courts and Courts of Appeal, etc.). The Supreme Court has pointed the way that has to be followed by lower courts.

 

The paradox is that this time was Anfi who appealed the Supreme Court seeking for confirmation that what they were doing was correct. There had been two different decisions from the Court of Appeal in Las Palmas so Anfi considered that the Supreme Court should decide what interpretation was correct. Unfortunately for them (and for any other Club that has sold timeshare contracts for more the 50 years after 1999) the Supreme Court has ruled against them.

 

In Gran Canaria this will affect timeshare  clubs such as Palm Oasis or Puerto Calma, among the most poplars. In Tenerife Beverly Hills Club and Heights, Hollywood Mirage and Palm Beach Club could also be affected. Generally speaking this may affect to any Club based in Spain or at least to those resorts located in Spain. The impact can be enormous.

 

The key issue has been that Law 42/98 included a Transitional Provision, the Second, which deals with Pre-existing regimes. This provision gave the Clubs which were operating before the entrance into force of this Law the possibility to continue to exist forever, BUT the weeks not yet sold would have to be adjusted to it. This means that the schemes can continue to exist in perpetuity, but the weeks sold within the scheme will have to have a maximum duration that cannot exceed 50 years.

 

Anfi and many other clubs believed that both the Regimen and the Weeks could be sold in perpetuity. This was the big mistake that now has been clarified by the Supreme Court resolution.

From a J P Morgan analyst:

DRI "growth depends on selling to new customers rather than existing customers".

Pyramid Scheme implied? We know that the existing customer service is bad to non-existent in the DRIP experience.


From a J M Securities Investment analyst:

"....no effective secondary market exists to resell time share."


Well we all know this now due to the bitter DRI experience but it is interesting to see a professional analyst also saying that the DRI sales pitch of the timeshare being a valuable asset is a lie, even if only by implication. This quote should be writ large on the front page of all timeshare and re-sales documentation!


and

"If an effective and cost efficient secondary market develops, (DRI's) ability to sell vacations through its sales channels would be seriously impaired."

 
The logical assumption is that DRI do not want an efficient secondary market as it is against their own interests.
 
 
Basic summary. It is not in DRI's interests to service existing customers or to support the resale of their timeshare weeks or points. 
king eric Just about to advise DRI we are not going to stump up any more ££s for increasing management fees. We ran ou...
Old_Deuteronomy Nice to have independent confirmation of what we all know. DRI still claim the ability to sell on, ESPECIALLY with thei...
Shoutbox
Letter written about to be sent thanks for all the help and advise wish me luck !
King Eric, look in the resignation letters and other letters examples for samples!
Dangoo your account is correctly set up. Please check you are using the correct password and email combination - caps lock being on will stop your login working.
I have received my 2016 bill not paying want out can't log in I am a member email and pass word doesn't seem to work can anybody advise
Happy New Year all, having received my bill for 2016 I am now about to start the process of resigning. Could you advise where I can find any sample letters to get me going. Thanks and hope 2016 gets of to a good start for you Dwaelf
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