It has recently come to our attention that Diamond Resorts International are writing directly to our clients making offers to exit their timeshare on the basis that they pay all maintenance fees to date which could amount to several thousands of pounds.
Praetorian Legal advise against paying these fees on the basis that the timeshare contract has not been legally challenged and tested before a UK court, and upon the advice of our own legal Counsel, the contracts could be deemed to be unenforceable and/or unfair. Many of our clients may have been members of other timeshare resorts like Grand Vacation Club (GVC) and Sunterra to name but two and have merely accepted an ongoing liability when these resorts were taken over by Diamond Resorts International. There could be several reasons why your agreement is unenforceable or unfair due to unilateral changes made to your agreement terms or changes within the individual club constitutions that Diamond Resort will have to prove that you have had fair notice of and agreed to. From the evidence we currently hold on several of these Diamond Resort matters this has not been done at all and people have just been given new instructions to pay Diamond Resorts International with little or no explanation.
For people who contracted with Diamond Resort International and were not members of another resort that was taken over by Diamond Resorts International the same advice applies to those people too. The Diamond Resorts International contract has not been legally tested and so there is no certainty as to the enforceability or fairness of the contract. It should also be noted that many of our clients have now been with us for two years or longer and Diamond Resorts International have failed to take legal action to mitigate their losses to recover their alleged debt(s) for maintenance fees. The question has to be asked, why is this? The simple answer is they now fear a legal challenge to their agreement(s) and whilst they dismiss Praetorian’s representation in all of this the truth is they will not take the risk of issuing proceedings against any Praetorian client. Should they take this brave step then we have our expert legal Counsel in waiting and the funding to take the matter to trial on our clients’ behalf.
If you have received the Diamond Resort International offer letter signed by the Diamond Resorts International solicitor V C Lawson, please don’t be concerned or alarmed, as the content of the letter is constructed to cause ‘distress’ and ‘alarm’ to the reader, the two primary components required to prove harassment of debtors under Section 40 of the Administration of Justice Act 1970. There is no evidence to support what is being claimed in their letter in Praetorian Legal’s case, and therefore as a Praetorian client you should not be concerned in the least and ignore any threats as we will deal with them on your behalf.
If you are threatened by debt collectors Daniels Silverman please advise us immediately as this is again evidence of harassment. We know some of our clients have received written confirmation that the matter is being passed to debt collectors Daniels Silverman. It is quite ironic that Diamond Resorts International send a letter signed by a solicitor and then hand the matter to a debt collector to collect a disputed debt. How will they explain this when we report their activities to the various regulatory bodies and the Trading Standards?
This proves how serious Diamond Resorts International are about taking legal action to recover their alleged maintenance fees. They are passing a recovery matter from a solicitor to a debt collector! The usual procedure is to pass the matter to a Debt Collector and if they are unsuccessful, a solicitor is instructed to serve proceedings not so in Diamond Resorts International’s case. They think that Daniels Silverman, the useless ineffective debt collectors, are more effective than issuing legal proceedings, which makes no sense other than to HARASS our clients.
Please read our Blog about other suggestions made within the Diamond Resorts International letter where they suggest contacting other timeshare bodies. Here are some links that you may wish to read that highlight the conspiracy between resort owners like ,em>Diamond Resorts International, RDO, TATOC, KWIK CHEX & TIMESHARE TASKFORCE.
RESORT DEVELOPMENT ORGANISATION – (RDO) Praetorian Legal are currently looking to take legal action against the RDO for libellous emails that they circulated to their members that were leaked to ourselves. Our media lawyers are currently awaiting a reply from the RDO before we embark upon further action legal action in damages.
TATOC—This organisation is supposed to be the consumer voice of the timeshare industry and represent you the consumer against the timeshare resorts. However, TATOC are fully funded by the resorts who them annual subscriptions to display the TATOC logo and so convince timeshare owners that they are in safe hands. We think the phrase is ‘sleeping with the enemy’.
KIWK CHEX & TIMESHARE TASKFORCE – Both of these organisations are operated by a Mr Christopher Emmins a serial company director who has over 20 failed limited companies to his name. This the calibre of person who Diamond Resorts international are referring you to seek comfort from the timeshare rogues. Mr Emmins has purportedly left over £ 300,000.00 worth of debt in his tracks whilst dissolving and liquidating his various limited companies, is this a person you would seek advice and comfort from? Here is Mr Emmins companies house public profile that you can verify at companies house for yourself. However the image that you can view here is the original search we did at Companies House>>>>
DIAMOND RESORTS INTERNATIONAL WILL TAKE NO ACTION AGAINST YOU AND IF THEY DO WE WILL BE WAITING TO DEAL WITH IT. DIAMOND RESORT INTERNATIONAL ARE PART AND PARCEL OF THE TIMESHARE RESORT CONSIPIRACY AND WOULD HAVE YOU BELIEVE THEY ARE LOOKING AFTER THE INTERESTS OF TIMESHARE OWNERS.
THE ONLY INTERESTS THEY ARE LOOKING AFTER IS THEIR OWN. IF YOU HAVE A DIAMOND RESORT INTERNATIONAL TIMESHARE AND YOU WANT TO BE RID OF YOUR MAINTENANCE FEE PAYMENTS IMMEDIATELY, YOU HAVE ARRIVED AT YOUR DESITNATION!!!!