A peek into Wyndham's ongoing lawsuit against PCC's [fraudulent rescue companies]

[TUGBrian]

the problem also not being mentioned, is that many of these "outfits" perform both actions...and its why they can advertise that they can help "any" owner.

for those timeshares they can flip on ebay for $1 (perhaps even with a 200 visa gift card attached)...they do and still charge the hefty upfront fee for such service.

for those intervals that wont even sell using that strategy...they get dumped either directly to an LLC...or the interval is given to a "Transfer entity" completely "separate" from their otherwise legitimate business....to dispose of via the viking ship method.

 

[ronparise]

The point Im making here is not that the pccs are good guys in any way, only that that Wyndham hasnt been defrauded, or even damaged.

To me this is just a case of the pot calling the kettle black. This case may put a few people out of business, but there is so much money to be made, (stolen) that someone else will come forward to take advantage of the situation.

Its my position that Wyndham could end the problem that their customers have with the pccs if they would open up their buy back program.



If they are bringing this case on behalf of all their customers that have been defrauded, thats quite another thing. but even then I still believe that their sales success is based on deceit, just like the pcc.

 

[ronparise]

Ron - I may be wrong, but I don't believe you can code html. Can you?

There was a time when I was employed to build webpages,
its been a long time, I dont remember squat

But I miss your point, sorry.

 

[Kaiopect8]

Apparently some criminal prosecutions are underway, at least against some people/entities:

http://www.vagazette.com/news/va-vg-cc-timeshare-1213,0,5908479.story

 

[DeniseM]

But I miss your point, sorry.

That's what it says on your Avatar: "Will code HTML for food"

 

[ronparise]

Yes - by law, that is how Real Estate sales are handled. Their commission comes out of the proceeds - there are NO upfront fees. I am assuming you have bought or sold real property - did you pay upfront fees???

There is no such law Denise, I dont usually get paid until after closing but the closing companies are holding the money. not the buyer and not the seller.

It is perfect legal to negotiate a fee for services contract with a customer, and be paid for what I do independent of a purchase or sale, I did that a lot with the tire kickers and low ballers, that came to Florida to enjoy sightseeing in our hardest hit neighborhoods,

 

[ronparise]

That's what it says on your Avatar: "Will code HTML for food"

I cant read those little letters any more. so you dont like that avatar either...Ill remove it

I can do html, its the newer stuff I cant handle,


ok Avatar gone, do you agree with me now about PCCs??

 

[DeniseM]

I like it - I just wondered if you can really code HTML.

 

[DeniseM]

There is no such law Denise, I dont usually get paid until after closing but the closing companies are holding the money. not the buyer and not the seller.

It is perfect legal to negotiate a fee for services contract with a customer, and be paid for what I do independent of a purchase or sale, I did that a lot with the tire kickers and low ballers, that came to Florida to enjoy sightseeing in our hardest hit neighborhoods,

But that's the buyer - can you charge the seller an upfront fee as well? (I honestly don't know.)

 

[Kaiopect8]

If someone misleads a Wyndham owner into thinking there's a buyer, and then the Phony buyer winds up defaulting/late to Wyndham, as does the owner, and Wyndham is left with a misled, non-paying/late-paying, unwilling (and unhappy) owner, then both Wyndham and the owner have been injured and both are justified in suing....but only Wyndham may have the resources to do anything since each fraud is relatively small and the owner can't justify hiring a lawyer, nor will any lawyer take that claim on contingency. But, I see this as something to refer to prosecutors, and in at least one situation it seems a criminal case was commenced.

 

[Rent_Share]

The point Im making here is not that the pccs are good guys in any way, only that that Wyndham hasnt been defrauded, or even damaged.

Owner I.M. Through, pays PCC Card Company, We Can Help , 3 X Annual Maintenance Fees to get out of their ownership.

A new deed is recorded under "Loose Lips Sinks Ships, LLC" Wyndham refuses to recognize them as a valid purchaser, and continues to send I.M. Through, the maintenance fee bill. When Wyndham contacts the original owner, they refuse to pay Maintenance Fees. Wyndham is damaged (unpaid maintenance fees) by "We Can Help's" action of soliciting and facilitating the transferring of the deed to the fraudulent company.

To get ahold of the deed to resell (foreclosure) or get it performing they need to file suit, should they be suing the person duped into using this method, or the company using fear and half truths to get them to sign up ?

The common thread is the existing owners, bear the cost of the defaults and non performing intervals. The developer/HOA has a fiduciary duty to protect the remaining owners from the cost of allowing transfers to judgment proof entities and aggressively pursue the perpetrators of the PCC scam not the victims.