Two Illusions and a “Wanna-Be”
Under pressure, the timeshare industry felt (in 2013) a need to act in respect to the dwindling reputation of the timeshare industry. This “Jump into action” resulted from the wider world becoming aware of wrongful and reckless acts being perpetrated by the timeshare industry against its Consumers.
This sector of the holiday industry has become a laughing stock in respect to its reputation and credibility, as they sometimes mercilessly bounce from pillar to post causing harm. Some wish they could say the “jump into action” resulted from an epiphany or a realisation of the financial hurt – some industry players – caused some consumers. The hurt spoken of has been perpetrated over many years and in all that time, the industry has done little to curb some of the impish and evil practices. No one therefore can conclude that reasonable and cognitive thought was taken into account when the industry embarked on its intension to set up what is now described as “Timeshare Task Force” and “Business Check”.
Who are the players?
Although the Resort Development Organisation (RDO) is a relatively new name in timeshare, the ideology, structure and directors have existed under different guises in the past. Originally the trade association was called the ‘Timeshare Council’ and after much bad press, the name changed to the ‘Organisation for Timeshare in Europe’ (OTE). Again after a continuance of more bad press and jail terms (including but not limited to some of its members) the ‘Resort Development Organisation’ was born out of the splinters of a freefalling reputation.
In essence it is the same cloth recycled with new dye. The European timeshare industry constantly changes its names to avoid the historic bad reputation. Some call it running away from truth, whist others call it ducking and diving. By reason: if you have traded well and crafted a good nam, why would you change it? In reality you would reap reward from the good reputation you built.
Society dictates that if and when an old discredited organisation launches new ideas, you examine the new ideas in the backdrop of what they did and performed in the past. Equally you have to embrace the possibility of change in a quest for betterment. As the RDO is the only nut in the Timeshare shell, we ought to examine its announcements, plans and actions which eventually flowed from the creation of the two war cry enterprises:-
The Announcement was to create a “Regulatory Body”
In 2013 it appeared the RDO “had a dream” and explained they wished to address the timeshare industries reputation. They appeared (back then) to have a need to create a ‘Regulatory Body’ to oversee timeshare. Clearly such a body with the right backing could effect change if the right team was put together, put in place, and financed correctly. In furtherance of this intention and after much deliberation, the RDO concluded its pre action plans. With a worldwide announcement the RDO informed everyone as to their mission.
This was their stated intention and such credit was claimed by both RDO and TATOC.
The claims received many accolades from many industry onlookers; it was seen as a great way forward for timeshare and to complement quite nicely The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010. A new day in timeshare was proclaimed to be on the cards.
Many trusted these two vocal creators and many consumers believed a new day might have arrived in the form of a regulator. This monumental announcement was the culmination of both TATOC and the RDO, who claimed to have worked independently of each other on the project. Both organisations brainstormed, worked diligently and minds immeasurably greater than most, contributed to the forward creations of the Regulating body namely the “Timeshare Task Force” and Timeshare “Business Check”.
Both TATOC and the RDO being fully content with their creation and legacy for timeshare are fully entitled to any and all the accolades which could flow from their minds, efforts and dreams.
Equally both are entitled to rebuke and condemnation if those intentions and executions turn out to be shambolic.
The test therefore is whether or not the advertising and consequential public adoration accords with what happened in reality.
The RDO and TATOC Announcement
On the 31st of December 2013 they announced
The Mail Online – the website of one of the UK’s largest daily newspapers.
“Taking a prime slot in the Money News section, RDO and TATOC became headline news with the announcement of their collaboration to launch a new regulatory body – The Timeshare Task Force. The initiative was set up and funded by RDO, with vital participation from TATOC as well as input from the ECCs (European Consumer Centres), the NFIB (National Fraud Intelligence Bureau) and other UK regulatory bodies. The Timeshare Task Force will be managed and run by KwikChex, and will hire in private investigators to trace and identify fraudulent operators working through internet advertising and cold calling.
Among milestones for the two bodies is the success of RDO’s own enforcement team, headed up by former policeman, Alberto Garcia (www.mindtimeshare.com). Working with the police, consumer centres and trading standards organisations across Europe.”
This blast was also reported by RCI on the 8th of January 2014 (a major sponsor to both RDO and TATOC) http://www.rciventures.com/rdo-and-tatoc-make-uk-national-headlines/
The announcement splattered into the Timeshare world and rightly littered the timeshare press and tabloids. Consumers may recall two years earlier there was no “Timeshare Task Force” (TTF) just a RDO Financed “enforcement project”, named “Mindtimeshare” headed by Mr. Alberto Garcia.
“What is a regulator or a regulatory body?”
This seems like a good place to start:
“A regulatory body is like a professional body but it is not a membership organisation and its primary activity is to protect the public. Unlike professional bodies, it is established on the basis of legal mandate.
Regulatory bodies exercise a regulatory function, that is: imposing requirements, restrictions and conditions, setting standards in relation to any activity, and securing compliance, or enforcement.
They cover a wide variety of professions, for example the General Medical Council (GMC) (Solicitors Regulation Authority SRA). There purpose is to protect, promote and regulate proper standards in an industry”.
We believe now that consumers reading this article can fully appreciate why this claim is momentous. Is it possible that an industry with such a bad and criminal track record could create such a welcomed and wonderful vision?
How would you create a “regulatory body”? The adventure must have been pulsating through the RDO’s directors meeting rooms.
We are aware the advertisement explained they did choose a profiteering company called KwikChex (which is a first in the montage of regulators), although before such an appointment became real, many events must have occurred beforehand.
Someone surely would have thought of the idea, yet no one person or party claims it was them! Equally some of the RDO members would have objected to the proposal or at least want the matter discussed at a meeting; the inaugural meeting again was not released into the public domain.
A feasibility consultation would have followed including budget, funding, consequences and proposed transference of power to a regulator.
Once concluded it would discuss at a meeting of the RDO directors who would have insisted that the RDO consult external advisors and seek counsel over many aspects. The RDO would have framed a proposal, invited candidates, checked candidate’s references and their ability to finance the proposals, then interview them all. This is called sorting out the wheat from the chaff!
Strangely, we cannot find a distinct advert or any referencing announcements in respect to the events which had to take place before spectacular announcement. Neither TATOC nor the RDO made any assertions that they were working on the venture. They equally never sought to suggest they are exploring the matter with others. This industry, the RDO and TATOC court good publicity yet they were about to implement massive and irrevocable changes in respect to needy regulation; but silence boomed from everywhere. Harry Taylor (from TATOC) lost his mobile phone and that made the TATOC news feed why not this?
What is equally strange is that this renowned industry, infamous for its criminal activities, was never ordered to set up the regulatory body by anyone? Not one report! They thought the whole thing up themselves and paid for it out of their own pockets. Not wishing to take any credibility no one member, director, employee or manager working on the project said a word (not even a snitch).
There had to have discussions, shortlisted proposals, proposal meetings, task appointments, discussions over terms and conditions, financing and budgeting, increased member’s subscriptions. This is after all an industry which turns over billions of pounds. The candidates must have been flooding in from many suited and booted experts. Yet silence boomed like a bang not there!WOW!
Who were the candidates
Mindtimeshare stated back in September 2012 the following:-
It had to happen once, we knew it would happen but still it came as an unpleasant surprise, a blog was created with negative and upsetting comments about Mindtimeshare
What can we say to defend ourselves, is there a need to defend ourselves? Well for those who are “watching this space” we will make the following comments and observations.
First of all, in the section “About” of Mindtimeshare, you can read who I am and what my role is inside the RDO Enforcement Project. Yes my work is financed by RDO, and yes it is RDO who set up the Enforcement Project as such and gave me the job.
The Enforcement Project has as main role to combat the fraudulent practices carried out by fraudulent Discount Travel Membership Clubs (holiday clubs), Resale firms, Class Action Law firms, Cash Back schemes, etc. that target European timeshare & point owners.
Mindtimeshare was put in place in 2011 as we realised there was a need for timeshare Consumers to be able to communicate about the different companies that had approached them, ask for advice, and be able to read about the different companies that are active at present and should be avoided due to the fact they are acting against the law by requesting upfront fees and all kinds of other payments for sales that never happen.
Did the RDO consider Mindtimeshare for the role of Regulator?
Mr. Garcia worked in Spain and was competent at ruffling a few feathers. He did after all work on the “we’ll expose scammer’s project”. Mindtimeshare consistently claimed that it was doing a great job, despite others levelling many allegations against them.
The RDO said:
“Among milestones for the two bodies is the success of RDO’s own enforcement team, headed up by former policeman, Alberto Garcia (www.mindtimeshare.com). Working with the police, consumer centres and trading standards organisations across Europe.”
A regulator would have many tasks to undertake one being enforcement and as the RDO advertised success and clearly believed that its own enforcement team headed by “Alberto Garcia” was respected enough to work with consumer centres and trading standards organisations across Europe.
Snubbing success!
In reality and as confirmed by Mindtimeshare they only covered one sector of the problem. “Fraudulent Discount Travel Membership Clubs (holiday clubs), Resale firms, Class Action Law firms, Cash Back schemes, etc. that target European timeshare & point owners”. The thread here is that all the aforementioned get consumers out of timeshare.
What Mindtimeshare failed to accomplish, was to assist the consumers – in particular those desperate consumers who have a desire to exit their timeshare contracts. Mr Garcia failed miserably to direct any consumers to good or reasonable firms and moreover, Mindtimeshare never investigate the timeshare industry. The RDO therefore hired a policeman to leverage credibility and investigate a part of the industry which not RDO paying members.
Clearly a regulator would have increased independent powers and if the RDO knew Mindtimeshare did not operate for “profit”, was experienced, knowledgeable and successful, (achieving results) why could they not have played a huge part in this massive project.
Or was the claimed successes over stated puffery!
Mr. Garcia was no stranger to being publicly rebuked by many individuals, firms and companies operating on the periphery of timeshare. He and “Mindtimeshare” rebuked many of the Frankenstein’s companies hailing many as pirates, parasites and pilferers. However, as a result of selective and scant investigations he also unfairly accused many innocent people. He was the investigator, judge and proverbial hangman. He had many arrested who were also latter freed and without charges brought.
The website generated an impression that no one in timeshare resale’s (other than RDO members of course) was worthy of reasonable consideration. Also the site was accused that the information given served the god “utter confusion”. Much of the reporting was believed by many to be just baseless ranting. The site certainly does not meaningfully assist the consumers. Mindtimeshare appeared to live by the adage: “Those eggs are bad-therefore all eggs are bad”.
The Mindtimeshare website and its operator claimed huge successes and measured that success by its own yard stick. The RDO likewise poured lashings of praise on its own department. It therefore seems quite strange why the RDO would put its baby in the corner when a new kid on the block rocks up.
In steps KwikChex and “baby is put in the corner”
KwikChex had only existed for two years prior to its RDO new “Regulatory Body” opportunity; they had no track record of ever being a Regulator and had iffy and impecunious reserves. Equally they were an insignificant enterprise commissioned to manage a multi billion pound industry.
Consumers have a need to grasp the significance and gravity of this appointment.
Would the banking industry interview a “hod carrier” for the job of European banking regulator, would the Ministry of transport interview the pig farmers for the position of rail track regulator or would the law society interview a publican to regulators solicitors. The concept of merely interviewing KwikChex is utterly astounding, barking mad and delusional (having regard that this industry is worth £ billions).
Below are the KwikChex accounts which would have been available to the RDO elite, before they awarded KwikChex the contract.
2012
Cash in Bank £ 4,495.00
Net Worth of KwikChex £14,106.00
Total Current Liabilities £ 740.00
Total Current Assets £13,720.00
Is it the TCA or does everyone believe this commission is something banged out of “Jackanory”.
Should the headline not have read “ What!!!! g-g-granville is now running TESCO”
Reminder: Billion £ industry, European wide, covering reputational management legal propositions, legal investigations/interpretations, contract construction and investigations.
The above is just a tiny part of being a “Regulatory Body” The mere fact they interviewed KwikChex proves that the statement the RDO made is shambolic and utterly impish.
Regulating the legitimate part of the industry
The RDO claims to represent the legitimate part of the industry and announced a “ground-breaking timeshare industry agreement”. RDO with TATOC claimed all the adoration and public accolades. When the Timeshare Task Force (TTF) was born, they strangely also continued to finance their own Mindtimeshare enforcement department.
The RDO – knowing they and their partner TATOC were hell bent on creating a “Regulatory Body” – why did they not scrap their own enforcement department? Did now, Mindtimeshare exist to regulate (the inferred) illegitimate industry and/or non RDO/TATOC members?
Would both TATOC and the RDO be subject to the new “Regulatory Body” or was it just for everyone else? If the Regulatory Body shut both TATOC and the RDO down, who would fund the Regulatory Body? By now I am sure the concept and execution is quite befuddling as best.
If it was a real and truthful intention to create the new advertised “Regulatory Body” you would know that your existing department (Mindtimeshare) was no longer fit for purpose, out dated or defunct. If that is incorrect way replace it? Mindtimeshare would clearly be obsolete!
Any “Regulatory Body” would have unquestionable jurisdiction in all matters. The TTF would create regulations and equally enforce its own regulations like any other regulator. I could quite understand if Mindtimeshare worked for the TTF and KwikChex but they would have to equally work to TTF rules, their regulations and their procedures.
Or was this just a publicity stunt and a meaningless gesture designed to delude?
In the real world Mindtimeshare continued to exist barking out its many delusions which resulted in them being hauled through the English High courts. Many other companies have copied the Mindtimeshare site and its content – we wondered why! but quickly learned the site is now attracting other libel actions.
If the above is wrong why is the entire content of the Mindtimeshare website being altered, remodelled, and re worded? More to the point, who is doing it?
Why is it secret? Why change correct information? Was the information wrong in the first place? Was it libellous and deluded?
Why have KwikChex not Reported the possible scandal to the world or is it KwikChex who are doing the remodelling and on their paymaster generals website?
If so why are they “the regulators” burying the information? Are they not supposed to be open and transparent? When someone asked KwikChex who was running Mindtimeshare, Its Director did not answer and avoided the question whilst just bobbing about on the RDO river.
The RDO “Regulators” selection process
Mindtimeshare was and still is head of the RDO own enforcement department, was managed by an ex police inspector and known in the timeshare world. The RDO claimed Mr. Garcia and Mindtimeshare were getting results and yet they passed up Mr. Garcia and his “not for profit” consumer association for another (KwikCheck).
The question has to be asked whether or not in truth the RDO were unhappy with Mindtimeshare and the claims they made were puffery or false.
On the other hand as Mindtimeshare was based in Spain maybe the RDO were considering setting up an operation in the UK. Clearly the UK was a large timeshare market.
In any event no explanation was given. Moreover if the Mindtimeshare format proved successful why introduce a bastardised version.
KwikChex the contender for the regulatory body award
This company was eventually appointed by the RDO. We do not have the details of any other tender or candidate.
“Taking a prime slot in the Money News section, RDO and TATOC became headline news with the announcement of their collaboration to launch a new regulatory body – The Timeshare Task Force. The initiative was set up and funded by RDO, with vital participation from TATOC as well as input from the ECCs (European Consumer Centres), the NFIB (National Fraud Intelligence Bureau) and other UK regulatory bodies. The Timeshare Task Force will be managed and run by KwikChex, and will hire in private investigators to trace and identify fraudulent operators working through internet advertising and cold calling.”
KwikChex Ltd is an English Limited Company, created on the 14th of September 2010. The Directors, then and still are Mr. Christopher Anthony Emmins and Miss Gemma Chatwood.
Mr. Emmins controls the company as he has 99% of the company stock.
Its registered office was located at;
1st Floor
2 Woodberry Grove
North Finchley
London
N120DR
They remained there until the 01/08/2015. Its head office was identified as being at a (different location) namely:
5 St Stephens Court
St. Stephens Rd
Bournemouth
Dorset
BH2 6LA
The head, registered and trading office are now all identified as being located at;
2nd Floor
Parkway House
26 Avenue Road
Bournemouth
BH2 5SL.
The organisation promoted itself as a “worldwide” and “world renowned” reputational manager. Having regard for the fact that there are 7,000,000,000 (7 billion) people on this planet only a “fruit cake” would consider this a factual statement.
KwikChex was awarded the Regulator contract by the Timeshare Industry representatives RDO. The regulatory body was to be named “The Timeshare Task Force” and KwikChex was commissioned to “Run and manage It for the RDO”.
The fact that they claim the new “body” was to be a regulatory body and the two self appointed cardinals in timeshare claimed the praise for setting up this institution they would now be in subjection to its rules regulations, codes, laws and procedures which it independently created.
For it to function effectively a consensus would have to be reached by the timeshare industry. That consensus has to become written into a charter/mandate and all have to fund the regulatory body regardless of investigation, finding, fight or favour. The regulatory body cannot under any circumstances be in subjection to the industry and its whims. Equally the industry cannot hold any authority over the regulatory body or its manager.
To have a profiteer with no experience, no qualifications and little in the way of assets leverage, accept a commission like “timeshare regulatory body” is pathetic nonsense.
The statement that the industry was creating a regulatory body was an industry deluding its self, onlookers, consumers and institutions.
Those supporting, entertaining or engaging with the perpetrators of this delusion are equally culpable as they are accelerating an unkempt ‘meme’ of nonsense.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk