Manhattan Club Lawsuit

Lauram, I agree with Bob's advice to you. When I quit paying the maintenance fees, I also closed my checking account that the payments came out of and opened a new account so that TMC couldn't access my money. Initially, TMC reported the non-payments to TransUnion credit agency, who almost immediately dropped my credit score over 60 points (only Trans Union; apparently TMC doesn't report to the other 2 credit agencies). I quickly wrote a letter to Trans Union describing the legal and court actions against TMC and citing those as my reasons for stopping payments and breaking all ties to the illegal scammers. In less than a week, my Trans Union score went back up to where it was and I received a letter from TU advising that TMC was deleted from my credit report. I've had no problems since then, and only get the usual monthly billings from TMC, which I ignore. I agree with Bob, your first step is to discontinue all payments. Sally W

fibon The bill requires that buyers be informed that there is no exit clause and no secondary market in most cases. Below is my email to the Nevada Senate Judiciary committee. We are Diamond owners but the same dilemma exists for TMC. The hearing is this Wednesday February 22 so even a quick email would be helpful. I posted their emails in an earlier post I think but I can re-post if you need their emails. Also copy NV Senator Becky Harris who introduced the bill. Emails from Manhattan Club Owners would be especially helpful. If the bill passes in Nevada it could be rolled out nationwide. I'm told ARDA stalled it in committee in 2014 after it passed 100% in the Senate. Senator Tick Segerblom, Judiciary Committee Chairhttps://www.leg.state.nv.us/App/NELIS/REL/79th2017/Committee/173/BillStatus Senator Nicole Cannizzaro, Vice-Chair Senator Arnold Ford Senator Moises Denis Senator Michael Roberson Senator Donald Gustavson SB 195 BDR 10-470 I am writing to show support for timeshare disclosure bill SB 195introduced by Senator Becky Harris. Some timeshares have a limited secondary market, but in the case of Diamond Resort International, domiciled in Nevada, and others, there is no secondary market. Not one of the 64 members of the Licensed Timeshare Resale Brokers Association will buy or sell Diamond Resorts non-deeded points due to restrictions the company has placed on the use of secondary vacation points. http://www.licensedtimeshareresalebrokers.org/ The Diamond contract states that points can be sold. Any consumer having had an experience involving real estate would assume this means a licensed broker could be contacted. As a former series 7 licensed stockbroker, I would not have purchased a vacation product that could not be sold through a licensed broker. Sales agents rely on the oral representation clause to say anything to close a deal. A timeshare presentation can last five hours or more. Contracts are perpetual. The lack of a secondary market is never mentioned. The elderly are targeted. The numerous misrepresentations and violations of consumer fraud are detailed in the Arizona Attorney General’s 37 page “Assurance of Discontinuance” https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts The 55 page complaint filed by the law firm Albright, Stoddard, Warnick & Albright against Diamond Resorts describes how consumers are victimized. http://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/ Timeshare attorney Mike Finn quotes Florida law, but similarities are evident. A review of the applicable state statute, F.S. 475.25, indicates a litany of the potential offenses a licensee may be accused of, including fraud, misrepresentation, concealment, false promises and/or violation of a duty imposed by law, etc. Assume a purchaser believes certain significant details of the purchase transaction were omitted during the sales process and that those omitted details are arguably material facts that, if revealed in a timely manner, may well have caused the purchaser not to make the purchase. Again, Florida statute 475.25 (1) (b) addresses offenses like fraud and misrepresentation, but more specifically, also references concealment.

thanks Irene as always for your input. this sounds like something that should be incorporated in the suit against our MC owners that is being pursued by the AG and court case. I for one would not have purchased that day if I knew that the city subsidy was about to expire causing my maintenance to go from about $900 to $1680 the first year that I would say is materially misrepresenting your time share.

We just sent a letter to Justice Rakower regarding our unit, owned since 2000. When is the next hearing scheduled for now, apparently it has changed? We'd liked to attend.

Alex,

Please send me survey so I can be added to the MTC lawsuit. Please send to gary@ebnyfinancial.com

Thanks

Gary Paccagnini

SEND ME THE SURVEY THANKS

send me the Survey

Yes. Thank you Irene. Other than the letter I just sent is there anything else I can do

alexcrystal22@gmail.com comes back as undeliverable.

alexc100 wrote:

MC owners opened a lawsuite / class action in regards to the MC resrvations.

Everyone who is inerested to join the class action please contact me at alexcrystal22@gmail.com

You will be asked to fill out the Survey and send it or email the lawyer's office. It is urgent! Regards, Alex

It is my opinion until you get a list of all the current owners of MC and a experience lawyer who can rally all to stop paying their membership fees and taxes (not to be afraid that their credit will be impaired; that won't happened!) Lack of income for Eichner to operate the MC will bring him to mediate this nightmare for all owners who "WANT OUT" Remember, action to sue Eichner previous to this effort resulted in dismissal. All of these postponements smell of political intervention and we could be heading in that direction. NOW, WHAT TO DO? I hope I am wrong.

josephm276 wrote:

alexcrystal22@gmail.com comes back as undeliverable.

alexc100 wrote:

MC owners opened a lawsuite / class action in regards to the MC resrvations.

Everyone who is inerested to join the class action please contact me at alexcrystal22@gmail.com

You will be asked to fill out the Survey and send it or email the lawyer's office. It is urgent! Regards, Alex

Not paying your fees is in no way hurting Eichner, I live in New York and go into NYC quite often, TMC is always full, there is Rental sites that rents out unused none paying Owners Suites,TMC has a highter rating than the Ritz ,on Hotel sites its has a 8,75 rating out of a 10, he is making more money by renting out Owners that that Don't pay there fees rooms next its Location in NYC is rated highter that the Woldof Astoria,Check for your self, I am with every one here, but stop saying to stop paying fees to hurt Eichner, its only making him more money,Hey if you can't pay you can't,yes the fees are twice what they should be, and having to fight to get a reservation on some thing you own is on real but please let the AG, do his thing,

Please send me a survey. Who originated the survey and what will the receiver do with the completed copies? Alvanschunick@aol.com

garyp151 wrote:

Alex,

Please send me survey so I can be added to the MTC lawsuit. Please send to gary@ebnyfinancial.com

Thanks

Gary Paccagnini

Please send me a survey and who will receive the completed copy? Thanks for your time and efforts. Alvanschunick@aol.com

Alex, Please send me the survey and I would like to join the Lawsuit. My email address is: weir.walt@gmail.com Thanks

Please send me a survey.

please send me the survey to fill out to my email. thanks, Kenneth A.Pignatello

My email to alexcrystal22@gmail.com also came back as undeliverable.

Alex, could you please repost your correct email?

Thank you.

George

Howard brings to our attention that TMC is always full. If owners are not getting reservations than transients rent the units via travel agents. Many of us owners who are not paying their maintenance fees and taxes but are still being billed plus interest and late fees. If the restrictions place on Eichner are lifted and he is allowed to collect fees that are now being withheld and add that to the transient renters he now has a better profit picture. Does every owner know that Eichners lawyers claim that the Manhattan Club operation is a "Not-for-profit corporation that owns a timeshare property located in New York, New York" Jeff Weir, correspondent for Redweek (310-275-4929) reports that Wyndham is exploring several exit options for its owners. Has there been any notification to TMC owners as to an owners meeting that is held in Ne York every year. Does anyone know the date, time and place when the next hearing by the AG of New York will take place? I think every owner will agree this situation with existing owners who paid their hard earned money who paid for their time share at TMC which made it possible for the Eichners to develop the Manhattan Club and then be denied what they paid for will be compared with Ponzi, Enron and Madoff. Does everyone know this is the fourth action taken by owners; the previous three were dismissed without ever reaching trial.

Q=howardb21]

Not paying your fees is in no way hurting Eichner, I live in New York and go into NYC quite often, TMC is always full, there is Rental sites that rents out unused none paying Owners Suites,TMC has a highter rating than the Ritz ,on Hotel sites its has a 8,75 rating out of a 10, he is making more money by renting out Owners that that Don't pay there fees rooms next its Location in NYC is rated highter that the Woldof Astoria,Check for your self, I am with every one here, but stop saying to stop paying fees to hurt Eichner, its only making him more money,Hey if you can't pay you can't,yes the fees are twice what they should be, and having to fight to get a reservation on some thing you own is on real but please let the AG, do his thing,

What you are forgetting is, even if owners pay, they can't stay. In that case, Eichner is getting maintenance fees and still renting out units denied to owners. Not paying isn't going to bring him to his knees but gives some satisfaction to know we aren't draining our finances either.

I don’t know how many readers and active participants access this site, but it seems to me that while much good information and factual material does get presented, a significant volume of the exchanges here are opinion, speculation, and expectation, however realistic (or not). I would hope, however, that somewhere among those who do see these comments exists someone with access to a reliable, knowledgeable, experienced, and available resource who would be able to provide meaningful realistic guidance for what can be expected and performed to move this forward. I’m not aware of what, if any, clock is ticking to potentially limit the options of TMC owners, but at this rate, there seems to be no coherent action plan to resolve this growing burden that we are now experiencing.

Is there anyone who reads this who can provide access, directly or indirectly, to the means to determine and then act on a course that will satisfactorily deliver the solution that we are all painfully trying to reach? I'm sure that many of us would agree that focusing on a united effort to bring justice to this situation would justify a reasonable investment of time, effort, and perhaps funds to avoid the drawn out stagnation that is increasingly unacceptable.