Showing posts with label Timeshare Resale Accountability Act. Show all posts
Showing posts with label Timeshare Resale Accountability Act. Show all posts

Elderly Claim Timeshare Company Scammed Them

By Jennifer Kraus. CREATED Nov 17, 2014
NASHVILLE, Tenn. -- When you think of vacation timeshares, you may think of high pressured sales pitches.
But NewsChannel 5 Investigates found dozens of senior citizens who claim Wyndham Vacation Resorts goes way too far during its sales meetings.
Some of these seniors who are now suing Wyndham say they used to enjoy their Wyndham vacations, but then Wyndham changed its sales tactics.
Everytime they went on a trip, they were forced to attend what the company calls owners update meetings -- and that's when, these seniors tell us, their dream vacations and their lives turned into nightmares.
Among those victims: Mildred Folds.
"Nobody in my family knows -- nobody," Folds told NewsChannel 5 Investigates.
That secret is that the 76-year-old widow is deep in debt and owes more than $175,000 after she claims she was repeatedly tricked and harrassed into buying ttimeshare points through Wyndham Vacation Resorts.
The company locations around the world, including here in Nashville, Crossville, and the Smokies.
"I won't live long enough to pay it off," Folds said.
Houston and Brenda Garvin said the same thing happened to them.
"If I had it to do over, I'd never do it again," Houston Garvin said.
NewsChannel 5 Investigates asked, "How much do you think you lost?"
"Over $600,000," Brenda Garvin answered.
Both the Garvins and Mildred Folds are now suing Wyndham, the world's largest timeshare company, alleging fraud, theft by conversion, negligent misrepresentation, along with violations of the Tennessee Timeshare Act and Consumer Protection Act.
They claim they were pressured into buying more timeshare points than they could ever possibly use or afford.
"So how many points did you end up buying?" we asked the Garvins.
"Two and a half million," Brenda answered.
And Mildred Folds?
"3 million, 266, I think," she told us.
NewsChannel 5 Investigates asked attorney Ben Gastel, "So why are they buying more points than they need?"
"I think that's really the basis of our lawsuit," he replied.
Gastel now has 70 clients with claims against Wyndham, including the Garvins.
"Certainly, most of our clients are elderly. There's a substantial number of them that are on social security. Certainly, most of them are pensioners," Gastel explained.
And every time his clients took a vacation at a Wyndham resort, he said, they were forced to attend high-pressure sales meetings that lasted hours on end.
Mildred Folds insisted those meetings were nearly impossible to leave.
"I'm sitting there literally like this saying, 'I've got to go.' 'Well, just go ahead and sign this. Go ahead and sign this and then you can go,'" Folds recalled.
Folds also claims in her lawsuit Wyndham sales reps told her things to convince her to buy more points that ended up not being true.
"If I would just sign it, then they could lower the interest rates," she stated.
"Is that in fact what happened?" NewsChannel 5 Investigates asked.
"No, no," Folds replied.
She said Wyndham's salespeople also told her the company would buy back any extra points she didn't use. That too, she later found, wasn't exactly as it had been explained.
"Were you surprised to discover that?" we asked.
"Very surprised!" Folds answered. "Not only surprised, but -- he may need to bleep this out -- I was mad as hell that they would pull this trick!"
And the Garvins described similar meetings.
"Every time you'd go, it was something different. They'd tell you, 'Why did you do this? Why did you do that?' Well, we did it because we trusted 'em and thought they were telling us right," Brenda Garvin said.
Every Wyndham rep, the Garvins said, recommended changing to yet another plan which brought with it, higher costs.
"Would you say these salespeople are saying and doing whatever it takes to close the sale?" we asked the Garvins' attorney.
"Well, it would certainly appear that that's what is going on," Gastel answered.
In fact, a whistleblower lawsuit filed in California by former Wyndham employees claims that that's exactly what Wyndham tells its salespeople to do, though the company denied the allegations in court.
"It done about broke us," Brenda Garvin shared.
She and her husband recently had to simply walk away from their timeshare points, losing their entire investment, after they could no longer afford the $3,500 a month payment.
"It makes you feel bad when you think you've done something this stupid," Houston Garvin said.
And Mildred Folds said, "Yes, I'm embarrassed that I let myself get caught like this and then I get so angry at Wyndham for putting me through this."
Folds gets $2,300 a month from Social Security and her pension, yet her payment to Wyndham is a staggering $3,800 a month.
"How am I going to make it? What am I going to do next?" Folds wondered aloud.
She has resorted to selling her homemade jams and jellies as well as her mother's secret recipe yeast rolls.
But it's becoming clear to her that it's simply not enough.
"Am I going to lose my home? Am I going to lose everything I've got?"
NewsChannel 5 repeatedly reached out to Wyndham to get some comment or statement. We started last week with the corporate office in Florida and even contacted their local attorneys here in Nashville.
So far, there's been no response to any of our calls or emails.

BLUEGREENS TRUE COLORS

The partial article below pretty much cuts to the chase. Bluegreen's main focus is sales. Not providing owners with happy vacations but selling more VOIs or Vacation Ownership Intervals, so they can pay dividends to their stockholders who in turn can take you money and go on vacation themselves. I'm betting they do not own Bluegreen points. To read the entire article visit: http://money.cnn.com/news/newsfeeds/articles/marketwire/11G025179-001.htm

The following provides financial and other information regarding our assets, including our investment in Bluegreen and acquired operating businesses, our real estate joint ventures, and our BankAtlantic legacy portfolio of loans and foreclosed real estate.
Bluegreen Overview for the Third Quarter, 2014 Compared to Third Quarter 2013
Bluegreen Corporation: On April 2, 2013, BBX Capital acquired a 46% interest in Woodbridge Holdings, LLC ("Woodbridge"). BFC Financial Corporation ("BFC"), BBX Capital's parent company, owns the remaining 54% of Woodbridge. Woodbridge's principal asset is its 100% ownership of Bluegreen Corporation ("Bluegreen").
For the quarter ended September 30, 2014, net income attributable to Woodbridge was $16.6 million, of which $17.2 million related to the operations of Bluegreen. BBX Capital recognized 46% of the net income attributable to Woodbridge, or $7.6 million, for the quarter ended September 30, 2014. For the nine month period ended September 30, 2014, net income attributable to Woodbridge was $47.8 million, of which $49.7 million related to the operations of Bluegreen. BBX Capital recognized 46% of the net income attributable to Woodbridge, or $22.0 million, for the nine month period ended September 30, 2014. 
During the third quarter of 2013 and the first, second and third quarters of 2014, Bluegreen paid cash dividends of $18.0 million, $14.5 million, $19.0 million, and $19.0 million, respectively, to Woodbridge. Woodbridge paid cash dividends to BBX Capital of $ 3.7 million, $6.4 million, $8.4 million, and $8.5 million, respectively, during September 2013, April 2014, June 2014, and August 2014, based on BBX Capital's pro rata 46% interest in Woodbridge.
Bluegreen Highlights for the Third Quarter, 2014 Compared to Third Quarter, 2013
(1) Bluegreen's sales of VOIs under its capital-light business strategy include sales of VOIs under fee-based sales and marketing arrangements, just-in-time inventory acquisition arrangements. Bluegreen enters into agreements with third party developers that allow Bluegreen to buy VOI inventory from time to time in close proximity to the timing of when Bluegreen intends to sell such VOIs and refers to this as "Just in Time" arrangements. Bluegreen also acquires VOI inventory from resorts' property owner associations ("POAs") and other third parties close to the time Bluegreen intends to sell such VOIs. Such VOIs are typically obtained by the POAs through foreclosure in connection with maintenance fee defaults, and are generally acquired by Bluegreen at a significant discount. Bluegreen refers to sales of inventory acquired through these arrangements as "Secondary Market Sales."
System-wide sales of VOIs, net include all sales of VOIs, regardless of whether Bluegreen or a third-party owned the VOI immediately prior to the sale. The sales of third-party owned VOIs are transacted as sales of timeshare interests in the Bluegreen Vacation Club through the same selling and marketing process Bluegreen uses to sell its VOI inventory. The growth in system-wide sales of VOIs, net during 2014 as compared to 2013 reflects an increase in the number of tours and an increase in the sale-to-tour conversion ratio. During the three months ended September 30, 2014, the number of tours increased by 9% compared to the same period in 2013. The increase in the number of tours reflects efforts to expand marketing to sales prospects through new marketing initiatives. Additionally, during the three months ended September 30, 2014, Bluegreen's sale-to-tour conversion ratio increased 1% compared to the same period in 2013.
During the three months ended September 30, 2014 and 2013, cost of VOIs sold as a percentage of sales of VOIs was 12% and 14%, respectively. The decrease in cost of sales generally and as a percentage of sales during 2014 is a result of a higher proportion of Secondary Market sales, which typically carry a relatively lower acquisition cost. Cost of VOIs sold as a percentage of sales of VOIs varies between periods based on the relative costs of the specific VOIs sold in each period and the size of the point packages of the VOIs sold (due to offered volume discounts, including consideration of cumulative sales to existing owners). Additionally, the effect of changes in estimates under the relative sales value method, including estimates of project sales, future defaults, upgrades and incremental revenue from the resale of repossessed VOI inventory, are reflected on a retrospective basis in the period the change occurs. Therefore, cost of sales will typically be favorably impacted in periods where a significant amount of Secondary Market VOI inventory is acquired and the resulting change in estimate is recognized.
As a percentage of system-wide sales, net, selling and marketing expenses increased from 45% during the third quarter of 2013 to 48% during the third quarter of 2014. Generally, the increase in selling and marketing expenses and the increase in selling and marketing expenses as a percentage of sales during the 2014 periods compared to the 2013 periods was a result of Bluegreen's continued focus on increasing its marketing efforts to new customers as opposed to existing owners. Sales to existing owners generally involve lower marketing expenses than sales to new customers. Bluegreen expects to continue to increase its focus on sales to new owners and, as a result, sales and marketing expenses generally and as a percentage of sales may continue to increase.
 

Wyndham time shares pitch more, sell more



The world's largest time-share developer reported an increase in sales for the second quarter, driven by a higher volume of guests going on tours to hear sales pitches.
Wyndham Worldwide Corp., the parent company of Orlando-based Wyndham Vacation Ownership, said its time-share operation had revenue of $630 million for the three months that ended June 30. That figure was up 11 percent compared with the same period a year earlier.
Partly driving the increase was Wyndham's acquisition of Shell Vacations Club, an early pioneer in the time-share business.
Wyndham said its time-share sales were up 5 percent from a year ago, driven by a 10.8 percent increase in "tour flow," or the number of people sitting through its sales pitches. But the company's marketing efforts were less effective, as the "volume per guest" — or the amount of revenue generated per tour —- decreased by 4.4 percent.

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