Timeshare Companies

Diamond Resorts reduces owner benefits again!

Jan 21, 2017

What do you mean when you say the AG threw out the oral representation clause?


Susan B.
Jan 22, 2017

Thank you Irene for this timely news. I filed my complaint online with the Arizona AG today. As I understand the FAQs, if you purchased before 2011, tomorrow, 1/23/17 is the deadline to file.

I looked up my original maintenance fee, in 2009 with ILX it was $635. In 2017 with Diamond it is $1350!


Robert R.
Jan 24, 2017

Susan Read the 37 page "Assurance of Discontinuance"


Irene P.
Jan 24, 2017

Robert558 You misread the press release, but good you got your complaint in. See (3) below. The relinquishment program covers people who purchased in Arizona after 2011 and before January 22, because that is when the hopefully improved business practices are to begin when the agreement is signed. People who purchased during that period have until late April or May 120 days after the AOD is in effect. From the press release: The relinquishment program will be available to qualifying consumers who no longer want their Diamond Resorts timeshares. To be considered for the relinquishment program, consumers must: (1) no longer want their Diamond timeshare; (2) have purchased their timeshare after 2011 and prior to January 22, 2017, and (3) file a complaint with the Attorney General’s Office within 120 days after the court signs the order (deadline expected to occur near the end of April / beginning of May) .


Irene P.
Jan 24, 2017

I got that information from the Arizona AG's FAQ's.

"When should the conduct I am complaining about have occurred to qualify for the Relinquishment Remedy Program? • For all complaints filed between January 1, 2009 and January 23, 2017, the alleged conduct must have occurred prior to January 23, 2017. • For all complaints filed between January 23, 2017 and May 23, 2017, the alleged conduct must have occurred between January 1, 2011 and January 23, 2017."

https://www.azag.gov/sites/default/files/PHX-%235537079-v1-Diamond_Resorts_Frequently_Asked_Questions.pdf

I did not see the first bullet point above in the news release or in the legal document. I would encourage all to file complaints no matter the agreement between the AG and DRI. Things could change.


Robert R.
Jan 24, 2017

irenep59 wrote:
Susan Read the 37 page "Assurance of Discontinuance"

I've read it several times and I don't see anything that supports your statement. Can you direct me to a specific page?


Susan B.
Jan 27, 2017

Irene, I'm not sure if this pertains to the subject in your article. This is a rough draft of a letter I'm in the process of sending. I have been a DRI owner for 5 years. I have never filed a complaint before now but my last upgrade sent me over the edge. It wasn't just pushy sales tactics it was outright lies. I've been reading about a Relinquish Remedy Program that is probably bogus but my thought was to try that first. My first mailing was going to be sent to DRI and CC to Rick Casper. If you could please read the letter and give me some pointers on where to start it would be greatly appreciated.

January 27, 2017 To whom this concerns.

On 10-30-16 while on vacation in Las Vegas, Nevada while staying at Polo Towers we went to the required owners update meeting for using our Diamond Dream Holiday package. Instead of sitting us in the normal group meeting as they usually do Rick Casper took us directly to a private office and started talking about an Owner Update Dinner that we had missed with important updates that we needed to be aware of. He handed me a paper and told me what to write so I could verify I had not been contacted and had not attended the dinner. He said they needed this letter to be able to discuss the updates that we missed at the Owners Dinner. Rick Casper went on for about two hours talking in circles about how there had been major changes in the system telling us our maintenance fees would increase significantly if we did not change over to the new system and once the change took place we would be able to sell our points if we were ever in a position that we needed to. He proceeded to tell us that Diamond was partnering with Amazon and we would be able to use our points to purchase anything you could buy through Amazon. He was asking my husband how much he spent per year with purchases through his business. Through all of this he never mentioned any dollar amount. Finally, after 3 or 4 hours I started asking how much this would cost to upgrade to the new system thinking probably another $10,000 that I did not want to spend. When he finally came in and put the numbers in front of us there was still no price but a breakdown on how much it would cost monthly saying that this was less than the amount my husband told him he was spending on business anyway and that we could purchase all the items through Amazon and it would work out to our advantage. When I finally figured out the dollar amount ($75,000) I said no way was I going to make that decision and that I wanted no part of it. I had just paid off my loan that I had from my Gold membership and was perfectly happy with Gold. He went on to tell us basically that what we had was worthless and we would never be able to sell it if we did not upgrade and our maintenance fees would continue to rise. By this time, we were about 5 hours in. I told my husband I would not make the decision to buy into this because it was too much money. The cost for this was more than double the amount we already had into Diamond. I made it very clear to Rick Casper that I did not want to go into that kind of debt because my husband had some serious health issues. My husband looked at Rick Casper and agreed and Rick Casper said more reason to upgrade because we would be able to sell for 3 to 4 dollars per point. He told us that he was a Real Estate Broker and if we called him after the first of the year he would handle the sale for us so we could go back to where we were GOLD but still have the option to sell later if we chose to do so. He said HE WOULD HANDLE THE SALE BUT NOT TO TELL THE OTHER GUY THAT HAD BEEN SITTING IN ON THE MEETING WHEN HE CAME BACK IN THE ROOM. THAT SHOULD HAVE BEEN MY RED FLAG TO SAY NO AND WALK OUT. Rick Casper knew I did not want to sign. THE ONLY reason I agreed to sign the papers was because he offered to sell our points for us. Rick Casper also said the maintenance fees would be rolled into the financing. Once he wore us down as usual the paperwork started rolling in and of course both of our names (mine and my husbands) were already on everything. Before we left the office, Rick Casper shook our hands and looked me in the eyes and said call me after the first of the year. I emailed him twice before the first of the year, once to ask some questions about Amazon not having anything except for travel brochures for sale and he told me none of that would be available for me until after my Platinum points clicked in. The second email was to ask why I had over $8000 in maintenance fees due by January 1st? The answer to that was they would not allow him to add the fees to the financing. The third email was sent after the first of the year to discuss how to start the process to sell enough points to pay off the new loan. My husband is diagnosed with Stage 4 Cancer and it’s necessary to get out from under this new debt that I did not want to take on. I got no response so I sent a message to his other email address and he sends me an email back telling me Dan will take care of it. I don’t know who Dan is but Dan was very informative with telling me about the Legacy Program that I could go through to sell or pass down to friends and family that will be starting sometime this year or if I want to sell points myself I can list them on EBay and if I find a buyer they (Diamond Resorts) will help close the sale. I had never even heard of the Legacy program until Dan mentioned it to me. If he would have told me how the resale of my points had to be done I would have never signed the contract. RICK CASPER flat out lied to us to get the signatures. I was fine with being a Gold Member that was more than enough points for me. Now I am $75,000 in debt and I have over $8000 in annual fees. Rick Casper set me up to fail.

NONE OF THE ABOVE IS LISTED ANYWHERE IN THE 2017 OWNERS BENEFIT MANUAL. The request I am making is not to opt out completely from Diamond but to Relinquish the NEW UPDATE I was told I needed. I do not need to be a Platinum Member with another $75,000 debt to pay. I never wanted to be Platinum but Rick Casper convinced my husband he was doing the right thing and he would take care of the sale to put us back where we started. I have already paid for my Gold Membership. Hopefully one day my husband and I will be able to travel again and I will be able to access this. But the “New System” we were scammed into buying I do not want and cannot afford. If I was not Lied to I would not have NEVER signed this Contract. I read about the Relinquishment Remedy Program and would like information on how to access it. I wish to cancel the Contract that was signed on October 30, 2016.

Thank you, Cynthia Lashley


Cynthia L.
Jan 28, 2017

Robert558 I questioned the 2011 date. This from horse's mouth AZ AG attorney Mia Garcia responded as follows and other information is contained in the article I wrote for Inside Timeshare. If you have specific questions you can contact me at Inside Timeshare.

http://insidetimeshare.com/timeshare-news-across-atlantic/

I asked Mia Garcia, Arizona Attorney General’s Director of Media Relations to clarify who is eligible for the settlement. As I understand the AOD, the agreement applies to those who purchased in Arizona and to Arizona residents who purchased a Diamond timeshare anywhere. In an email response Ms. Garcia stated:

The settlement is not just for people who purchased from Diamond after 2011.

For all complaints filed between January 1, 2009 and January 23, 2017, the alleged conduct must have occurred prior to January 23, 2017.

For all complaints filed between January 23, 2017 and May 23, 2017, the alleged conduct must have occurred between January 1, 2011 and January 23, 2017.

In other words, if a consumer has already filed a complaint regarding conduct prior to 2011, they are part of the settlement. The 2011 restriction is only for complaints filed after January 23, 2017.

Ryan Anderson, Communications Sections Chief for the Arizona AG office provided the following FAQs concerning the Diamond settlement.

https://www.azag.gov/sites/default/files/PHX-%235537079-v1-Diamond_Resorts_Frequently_Asked_Questions.pdf


Irene P.
Jan 28, 2017

Susan Read my article and you can contact the AZ AG Ryan media contact directly. Don't contact Mia Garcia. Ryan is the one people are supposed to contact.

http://insidetimeshare.com/timeshare-news-across-atlantic/


Irene P.
Jan 28, 2017

Cynthia Lashley This is why I can't read posts after sundown. I have forwarded your experience to DRI newly formed Consumer Advocacy, PR spokesperson Maya Pogoda (does not work for DRI) and DRI attorney.

Please Friend and PM me on Facebook at F/irene.parker.7923

I have made real progress working with the DRI departments above as a volunteer advocate. One outcome was incredibly positive. Very positive outcomes can happen, especially if you are a DRI owner who happens to be a media celebrity. A disabled senior female who needs a walker with an identical complaint has been stonewalled.

Here's the deal: I get your email through my Facebook. Because you provided your name they will be able to access your account already. This needs ASAP action before this crook bilks a million dollars from the unsuspecting by Monday. Thank you so much for coming forward as this will stop others being victimized like you have been. The PR lady is starting to come over to my side about DRIs reputation.


Irene P.
Jan 28, 2017

Cynthia Lashley Given the migraine making level of the nature of your complaint, I filed your complaint with the Consumer Financial Protection Bureau as "Tell Your Story"

You should file a complaint under the CFPB mortgage option. This option is used even if there is no mortgage. I also emailed it to Senator Becky Harris of Nevada. This one is so bad, if you have time, file with IC3.gov (white collar or internet crime division FBI) and the FTC. I sent it to the National Timeshare Owner's Association and to a few lawyers working on class actions.

On run of the mill deception, I want to give DRI a chance to work through their channels even though that can sometimes take an eternity. Your story is so blatantly predatory, we should not wait for that to happen. This devil is probably still on the sales floor.

File a complaint with the Attorney General where you live, where you signed, and Nevada for all since DRI is domiciled in NV. As I said before, Friend me on FB so I can get your email. It's best if we go offline.

And find me at Inside Timeshare. Show any criminal type DRI sales agent the following article and tell them to "like" us so they can read about their sleazy business practices which go to a distribution list of AG media departments, media contact at all major timeshare companies, investment journalists who write about timeshare, and a healthy readership all over Europe with a new writer from Australia coming on board. DRI is included which is what led to me working with their PR firm who is starting to understand the serious nature of DRIs predatory sales. Also on my distribution list is the sales trainer in Sedona. I told him I thought our articles would be useful training tools so sales agents know we are watching. Yours is not the only complaint this bad. I better go as I can see my keyboard is starting to catch fire. Here's the article about a Kaanapali rep and poor hysterical Irina: http://insidetimeshare.com/timeshare-news-across-atlantic/


Irene P.
Jan 29, 2017

I am curious about "relinquishment" and folks saying "they (DRI) wouldn't take it back."

As I understand it, DRI is the management company and (for most of us) we own in the US Collection. So, how is it that you would relinquish to DRI and not to the US Collection?

Wouldn't the US Collection benefit from taking/buying back from owners who no longer want it and reselling it? Or, is there something funky/fishy about the by-laws that prevents them from this.


Bob H.
Jan 29, 2017

IreneP59,

In response to my complaint I received a letter from the Arizona AG. It says that since I did not purchase from Diamond I was not eligible for the Relinquishment Remedy Program. However, it is possible that Diamond will agree to release me from ownership. My complaint will be forwarded to them and the AAG will send their response to me. They also say I am eligible for $1000 restitution because the State believes the treatment of former Premiere Vacation Club/ILX owners is unfair.

Robert558


Robert R.
Jan 30, 2017

robertr558 wrote:
IreneP59,

In response to my complaint I received a letter from the Arizona AG. It says that since I did not purchase from Diamond I was not eligible for the Relinquishment Remedy Program. However, it is possible that Diamond will agree to release me from ownership. My complaint will be forwarded to them and the AAG will send their response to me. They also say I am eligible for $1000 restitution because the State believes the treatment of former Premiere Vacation Club/ILX owners is unfair.

Robert558

Could you forward more info on this restitution. I bought from ILX in 1993.


David K.
Jan 30, 2017

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

Then file a complaint. The press release tells you how.


Robert R.
Jan 31, 2017

At the very bottom of the press release there is a box or link to check to read the 37 page Assurance of Discontinuance. This is timeshare buyer's Bible if you are in Arizona planning to attend a sales presentation.

The date on the press release implied 2011. One of the AZ AG attorneys responded to my question about this clarifying it goes back to 2009. I posted her answer in my article.

http://insidetimeshare.com/opcs-europe-usa/#more-1518

Also, many thought the deadline to file was January 22. The deadline to file is 120 days after the effective date which is expected to be late April or early May.

I am irritated with Diamond because they sent all members the new DRI Clarity PROMISE without even mentioning why, but anyone who posts the AZ AG press release on the DRI FB gets it removed in a day. Clarity is about Transparency and Accountability.


Irene P.
Feb 02, 2017

NEVER pay anyone money upfront that claims they can get you out of your contract especially some low life bottom feeder that pushes their SCAM in the forum. Scammers troll the forums for victims with outrageous claims. All they want is your upfront money and then they laugh all the way to the bank after they found someone dumb enough to give them money. It's a SCAM when they make these claims.


Don P.

Last edited by donp196 on Feb 02, 2017 08:02 AM

Feb 02, 2017

DRI has been accepting "deedbacks" for a flat $250 fee. I don't know if this "deedback" program is still in effect, nor do I know if it applies to ALL DRI ownerships, but it's surely worth digging deeper if this is potentially applicable and of interest to you as a DRI owner.

It's surely a tough pill to swallow that you would have to PAY $250 to GIVE BACK something that you likely bought for a whole lot more money than that figure, but that's the harsh reality of DRI's resale market value. Please don't shoot the messenger.


KC

Last edited by ken1193 on Feb 02, 2017 09:04 AM

Feb 02, 2017

DRI Resale Concerns and Billion dollar lawsuit filed against Diamond:

As DRI is the only timeshare the 64 members of the Licensed Timeshare Resale Broker Association LTRBA will not buy or sell (only one will market Westgate), please file a complaint with the Attorney General where you live, where you signed and Nevada. Also file a complaint with the Consumer Financial Protection Bureau.

I received an email from Nevada Senator Becky Harris in response to my article about the BILLION dollar lawsuit filed on contingency against Diamond Resorts by one of the oldest law firms in Nevada, Albright Stoddard Warnick & Albright. Details of the complaint can be found at the bottom of my article written for Inside Timeshare published yesterday. DRI received the summons Monday, January 30.

http://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/

Please email Nevada Senator Becky Harris with concerns about Diamond lack of secondary market. She said she is introducing a bill.


Irene P.

Last edited by irenep59 on Feb 02, 2017 09:37 AM

Feb 03, 2017

We bought ILX in 2004. We had a paid week every other year ownership. This past year, after much complaining to Diamond management and me writing to all of the board members of the Diamond PVC prior to their annual meeting in 2015, my husband and I were finally given an offer that we were willing to accept. What I had been asking for was a reasonable amount of points in The Club in exchange for our deed. Of course they had offered to just take it-for NOTHING!! to which we had responded-DO you REALLY think we are that STUPID??? We were tired of the time consuming long drawn out sales pitches we were required to attend, and their attempts to get us to buy more points every time we went on vacation-kinda spoils the mood! We were being assessed on two memberships basically, the PVC and The Club for a couple of years and it was a very unfair practice. We were demeaned and treated like some 2nd class citizens by a sales manager at a Williamsburg, VA resort in October of 2014, while she tried to get us to buy $60,000 worth of more points!! We plan on using our timeshare-not giving it back or selling it back at a huge loss-that is just plain dumb. It is very possible to book vacations and get a good value for what we pay each year in maintenance fees-compared to what a stay at the same resort would cost on the open market-most resorts are not booked to capacity and are available out on sites like trip adviser and others for anyone to stay there-it's not just owners at these resorts. That is a misconception that people who own a timeshare and have never used it at all seem to have. If you book a stay 59 days or less before you stay-the discounts are substantial. My husband and I are taking my Mom with us next week and staying at the Mystic Dunes resort near Disney in FL. Our 3 night stay only cost us 638 points for a 2 bedroom unit! A full Luau with buffet and a show+ breakfast the following morning is costing us $25(total-not even per person). I would encourage owners to USE it or at least be smarter if you decide to DITCH it! and stick up for yourselves with Diamond or whomever your timeshare is with.


Richard S.

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