After being cold called from so many different firms over the years.. countless times trying to sucker me in for numerous different reasons, I have decided to do the public a service and make my own blog. I will dissect all these companies 1 by 1 in the event to eventually let the world know who are scammers and who are legitimate companies actually here to help us…

Archive for the ‘Timeshare Law’ Category

SPANISH TIMESHARE LAW – LEY 8/2012 (a non-legal English translation) Came into force on 17 March 2012

Full text, in Spanish, of Timeshare Law 8/2012 – became law on 17 March 2012

http://boe.es/boe/dias/2012/03/17/pdfs/BOE-A-2012-3811.pdf

 

SPANISH TIMESHARE LAW – LEY 8/2012  (a non-legal English translation)   Came into force on 17 March 2012

 

I. GENERAL PROVISIONS

Royal Decree-Law 8/2012 of 16 March contracts for timeshare on property for tourist use, procurement of long-term holiday products, resale and exchange.

CONTENTS

Part I. General rules.

Chapter I. Scope

Article 1. Scope.
Article 2. Timeshare contract for tourist assets.
Article 3. Contract for long-term holiday product.
Article 4. Calculating the duration of contracts. Article 5. Resale contract.
Article 6. Exchange contract.

Chapter II. Advertising and contractual information.
Article 7. Advertising.
Article 8. Information requirements.
Article 9. Pre-contractual information.
Article 10. Note on the right of withdrawal and prohibition of payment of advances.

Chapter III. Finalize the contract.
Article 11. Form and content of the contract.

Chapter IV. Right of withdrawal, prohibition of advance long-term contracts and accessories.
Article 12. Right of withdrawal.
Article 13. Ban on advance payments.
Article 14. Specific provisions for contracts for long-term holiday products.
Article 15. Ineffectiveness of ancillary contracts. Chapter V. Legal regime.
Article 16. Mandatory.
Article 17. Rules of private international law.

Chapter VI. Consumer information and complaints out of court.
Article 18. Consumer information.
Article 19. Codes of conduct. Article 20. Extrajudicial claim.

Chapter VII. Judicial and administrative
Article 21. Injunction.
Article 22. Penalties.

Title II. Special rules on timeshare resort property in use.

Chapter I. General Provisions
Article 23. Field goal.
Article 24. Duration.

Chapter II. Legal regime.
Section 1. The Constitution.
Article 25. Constitution of the regime.
Article 26. Regulatory writing.
Article 27. Registration of the regime and its modification.
Article 28.Insurance.

Section 2. Promotion nd Terms and transmission.
Article 29.General scheme.
Article 30. Form and minimum content of the contract.
Article 31. Notarial and registration publicity formalization of the contract.
Article 32. Resolution for non payment of dues.
Article 33. Powers of the owner of timeshare rights. Chapter III. Failure of services.
Article 34. Failure of services. Title III. Tax regulations.
Article 35. Scope.
Article 36. Wealth Tax.
Article 37. Transfer Tax and Stamp Duty

Documented.
Transitional provision only.
Pre-existing contracts.
Repeal.
Repeal legislation.
Final provision one.
Title competence.
Second final provision.
Incorporation of European Union law. Final provision. Amendment of Law 37/1992 of 28 December, the
Value Added Tax.
Disposal fourth.
Entry into force.
Annex I. Standardized reporting form contracts for timeshare on property for tourist use.
Annex II. Standardized reporting form for contracts of long-term holiday products.
Annex III. Standardized reporting form for resale contracts.
Annex IV. Standardized reporting form to exchange contracts.
Annex V. Standard withdrawal form in a separate document aimed at facilitate the right of withdrawal.

(more…)

EFTAG, Have you been invited yet?

The European Fair Trade Advisory Group or better known as EFTAG has started a cold call campaign with invitation to their UK meetings this summer.

They are coming over to Bristol Somerset UK on the 8th, 9th and 10th of June and will be holding meetings in a hotel where the consumer supposedly will speak to a Notary about their timeshare and a class action against the different timeshare companies.

So after inviting people over to the Costa del Sol, to their Benalmadena office for 3 days, it is now the turn for those who couldn’t travel and EFTAG will be visiting them.

As a timeshare owner if you are contacted by the European Fair Trade Advisory Group, before you decide whether to accept their invitation or not, you should know the following FACTS:

The European Fair Trade Advisory Group (EFTAG) openly acknowledges having as STRATEGIC PARTNER the European Class Action outfit The International Timeshare Refund Action – ITRA – as it is clearly stated in the homepage of the website of EFTAG’s sister Class Action outfit in Singapore, the Asian Fair Trade Advisory Group – http://www.ftagasia.com/welcome.html

The STRATEGIC PARTNER of the European Fair Trade Advisory Group, the International Timeshare Refund Action – ITRA – had its TV Ad in the UK banned by the UK Advertising Standards Authority in January 2011, as it was MISLEADING BY OMISSION, because “the add did not make clear that it was offering another product in addition to the opportunity to join the legal action” and “attendees were offered an alternative to a timeshare product by Club Class”. ASA did not say it clearly in the adjudication, but the other product offered as the get out strategy was the holiday club membership, Club Class Concierge.

http://www.asa.org.uk/ASA-action/Adjudications/2011/1/International-Timeshare-Refund-Action-(incorporated-in-the-Seychelles)/TF_ADJ_49567.aspx

The timeshare resale firm ETOO, the European Timeshare Owners Organisation, a FOUNDING MEMBER of ITRA, when the latter it was the International Timeshare Resale Association, before it morphed into the International Timeshare Refund Action in late 2009, had its TV Ad in the UK, banned by the UK Advertising Standards Authority in August 2008, as it was MISLEADING.

http://www.asa.org.uk/ASA-action/Adjudications/2008/8/European-Timeshare-Owners-Organisation-(Gibraltar)-Ltd/TF_ADJ_44892.aspx

As a timeshare owner you should seriously consider the above and ask yourself if you are prepared to pay another large sum of money for services offered by a company that cannot give any guarantee of these services being carried out and is connected to other companies that have had their advertisements banned and also took thousands of Pounds of their consumers and failed to deliver the services they offered!

Did you receive the invitation from EFTAG for a meeting in the UK this summer? Please let us know.

You can place a comment on this blog or write to us directly at:
yourtimeshare@hush.com

URGENT ALERT! OH Control Account requesting outstanding maintenance fees!

A very serious complaint has been brought to our attention regarding a mailing received from a company called OH Control Accounts, or OHC Accounts.

This company is doing letter mailings to timeshare consumers, claiming that they have outstanding fees for their timeshare week(s) which need to be paid urgently.

The letter contains the timeshare consumers personal contact details and timeshare ownership. Alarm bells started ringing with those who sold or surrendered this membership some time ago and are no longer owners.

OH Control Account requests an urgent payment and even provides in the letter the full bank details where the consumer should transfer the fees. This is a bank account in Ulster, Ireland.

They also provide a contact number 0845 649 2988 and an email address for the lady in the Recoveries Department called Anita Bouwman and her email is hanniganacc.control@gmail.com

The letter looks very official and genuine, more even because all company details are on there and this company seems to be registered with the UK Companies House and OFT

This is though certainly NOT the case! The details on the letter are taken from a genuine company called Control accounts, on the same address but with a totally different phone number, no bank accounts in Ireland and certainly not a Gmail account for contact!

The genuine Control Account company has reconfirmed with us that they are aware of this scam and it has been reported to both the Police and the OFT.

If you have received a letter from the fake OH Control Account requesting a payment for outstanding fees.

Please let us know!

UTS, Ultimate Transfer Services a resale company?

A new resale company by the name of Ultimate Transfer Services or UTS has been brought to our attention recently.

This company registered their website http://u-t-s.net/ at the end of March 2012 and as per this website they seem to be based in Mahon, Menorca, Balearic Islands.

On the website which lacks of any information about the company itself, there is neither a telephone number for contact and it all goes through a contact form.

But once they are talking to the consumer they do give out a telephone number which is:

0845 8620457

Ultimate Transfer Services claims to be “brokers” of the timeshare resale business and re-assure that all their employees have many years’ experience in the timeshare Industry.

Real shame is that they ask for an upfront fee though….which goes against the Timeshare Directive and as an experienced resale company they should be aware of this.

On the web they do mention something about the payment:

“Guarantees are placed with Third party service providers through Visa or Mastercard, this ensures that completion runs smoothly and that we only work with serious sellers and Buyers.”

Apart from the fact that asking for an upfront fee goes against the law, please note that when a payment is taken by a “third party” the bank will make a lot of problems at point of a refund request. If claiming a refund is not that easy as they say, having paid a deposit to a company which is not the same as UTS the bank will actually refuse the refund claim until you proof the connection between the 2 companies! So please be aware of this.

Have you been contacted by UTS – Ultimate Transfer Services from 08458620457

Please let us know.

“I wish I would have found the yourtimeshare blog earlier..”

How many times have we seen this comment on the yourtimeshare blog? And even more times in the emails we receive from consumers that contact us directly.

We from the yourtimeshare team are working against the clock. Each day we receive emails with names of companies we hadn’t heard from before. Some of these companies are so “openly” fraudulent that we can publish directly, others we need to verify first the facts and ask for more information.

It is therefore that it might happen you get called by a company and this company isn’t mentioned on our blog yet. But this is also why we really want to insist that each call for us is important. Your information is valuable to us and to other consumers!

With thousands of visitors a month to our blog and with just registering with facebook & twitter, we certainly feel we can reach a lot of consumers as soon as we have a new alert.

But there are so many others out there, that haven’t heard of us yet…and sometimes as mentioned above, they only find the blog when it is too late.

We need your help with this! How? Well when you visit your resort, when you speak to other owners, your resort staff, the owners committee….please mention us, and ask them to keep us in mind or even mention us in their publications to the owners.

The more people know about us the better! Let’s stop these fraudsters from taking advantage of consumers! Enough is enough!

“They told me Alberto García is a fraud …”

Another well-known phrase we receive in comments and emails. A lot of the dodgy companies are obviously getting very frustrated with the fact that consumers do their research and even mention in the calls they found the yourtimeshare blog.

Let’s get it clear here…these companies are never going to say anything positive about us, as we clearly have an impact on their dubious income. If in the past without the information they could call consumers and get the credit cards out of people’s wallet without hesitation, now it takes a lot more calls to get to that point…and even then there are so many consumers claiming refunds and banks claiming explanations!

So no, we didn’t expect anybody from the “other side” to speak highly about us. But for those who don’t really know us yet, and are in a doubt…let us just point out the following:

We have provided professional advice before going on the internet to thousands of consumers.

We don’t ask for money, all advice and guidance has been provided absolutely free of charge.

We don’t cold call!

We will continue informing consumers, and we will continue our battle against fraudulent companies!

And please remember whatever they say about us, we are on your side!

For any further info please email us: yourtimeshare@hush.com

The Spanish Government will approve the new Timeshare Directive!

Finally the long awaited news has arrived! The Spanish Government will approve the Timeshare Directive.

This is the most important and best news we have heard for ages!

Remember that the Timeshare Directive was approved already by other countries (under which the UK) in February 2011.

After months waiting for other European Countries to also approve the Directive, a deadline was given to these countries amongst which Spain. (Read more http://wp.me/p1kmoi-9Z )
The Timeshare Directive is going to mark a “before and after” for the Timeshare Industry in Spain and will definitely make live so much more difficult for those trying to defraud consumers with fake guaranteed resale offers and upfront fees!

One of the clauses in the Directive is very clear on resale: 14) The prohibition on advance payments to traders or any third party before the end of the withdrawal period should be clarified in order to improve consumer protection. For resale contracts, the prohibition of advance payment should apply until the actual sale takes place or the resale contract is terminated

If you want to ready more what the directive is about, please go to the following link:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:033:0010:01:en:HTML

We are very pleased that we can finally break this news to all timeshare consumers.

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