Public Mediation

My Claim vs. Timesharebyowner Dispute

D. W. vs. Timeshares By Owner
8578 Palm Parkway, Orlando, Florida, 32836-6432, United States
Amount Involved: $1,200.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Timeshares By Owner
    • Claimant Seeks: View.
    • Claim #: 1653771
    • Amount Involved: 1,200.00
    • Filed On: Jan 07, 2014
    • Posted On: Jan 18, 2014
    • Complaint(s):
      • Bad business practices
      • "I just feel ripped off."
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"I paid $1218.00 to this company. Andrus Holmes told me over and over that my 2 apartments in Atlantis, Bahamas would be sold within six months for $27, 600. They kept my money, put an ad on the internet and sent me phony generated emails only when my credit card company reversed the charges.
I have never heard from them with an offer or anything since May, 2012 and they keptn my money. No ad cost this much and they disguised themselves as brokers.
I am a senior citizen from Massachusetts, who has been scammed. They collect fees and never sell anything! There are numerous complaints against them on the Internet. Please help!
Sincerely, Deborah A. Warshafsky"
...
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Additional Communication Between Claimant and Timeshares By Owner Hide
  • Jan 07, 2014, Claiming party added:

  • address is 7111 Grand National Drive-Orlando, Florida -329-3120phone is 321

What Claimant Wants Hide
1. Refund: fraud Jan 22, 2014 $1,200.00
2. Other – Copy claim to regulators Jan 22, 2014 $14.99
3. Other – Pay for claim posting cost Jan 22, 2014 $7.99
Cash total : $1,222.98
  • 0
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Ms. Warshafsky's complaint has not changed since I responded to the Office of the Attornery General State of Florida on October 17, 2013. The contents of that letter is listed below:

    Re: Deborah A. Warshafsky (Ad #242601)
    I am in receipt of the recent complaint filed with your office by Deborah A. Warshafsky. Our records indicate that Marshal and Deborah Warshafsky have been clients of Timeshares By Owner since May 24, 2013 with ads listing their Harborside Resort at Atlantis timeshare in the Bahamas. Mr. Warshafsky purchased advertising from Timeshares By Owner, which included both advertising in the July 2013 edition of the Timeshare Trader magazine as well as active advertising on our website and in our walk-in offices. Before we could accept Mr. Warshafsky’s payment for advertising, a contract was signed. In the contract, Mr. Warshafsky acknowledged his understanding and acceptance of our terms and conditions, which included the fact that there was a ten-day timeframe from the start of services for requesting a refund.

    In the correspondence prepared by Ms. Warshafsky, she indicates that after a search for a reputable firm to sell her timeshare, she “came across” Timeshares By Owner. She further states that the marketing specialist that sold her our services, Andrus Holmes, had indicated that he could have her timeshare sold within six months. In response, our records indicate that it was actually Mr. Warshafsky that purchased the advertising and as stated, before we could accept his fee, a contract was signed. In the contract, Mr. Warshafsky acknowledged his understanding of our terms and conditions, which included the fact that we cannot guarantee a timeframe for finding a buyer for his timeshare, what price might be offered, that he was responsible for setting the price, and that the representative explained the advertising program and guarantees of Timeshares By Owner. Upon review of the contract, if it did not match what was being stated by Mr. Holmes, then Mr. Warshafsky should not have signed it. In reference to a timeframe of six months, as a timeshare resale advertising company, we cannot guarantee a timeframe for finding a buyer for any client’s timeshare, which is certainly spelled out in the contract. We can and do inform clients that we have been transmitting up to $1.3 million in offers on a monthly basis. Finally, when Mr. Warshafsky purchased our advertising, we informed him in both the contract and in an informational packet sent out to him after purchase that he could contact our fully staffed Customer Service Department at toll-free (888) 707-8463. I would suggest that Marshal and/or Deborah Warshafsky contact our Customer Service Department anytime. Hours of availability are Monday through Friday 9:00 AM to 5:00 PM.

    Unlike other timeshare resale advertising companies, Timeshares By Owner provides the advertising that we promise and Marshal and Deborah Warshafsky are receiving the advertising that they purchased. We advertise in the USA Today as well as major city newspapers, billboards, radio, TV (ESPN, A&E, Weather Channel, and Travel Channel), direct mail marketing, internet, and other forms of media. We also attend trade shows on a regular basis in which we display client ads, we distribute the Timeshare Trader publication on a monthly basis to the top vacation areas in the country, and we sponsor our own radio show; “Vacation Time” broadcast every Saturday night on Clear Channel stations in different markets. That is only a little of what we do. We have the tools to rent and/or sell a client’s timeshare and have been successful at doing just that since 1998.

    Based on the fact that Mr. Warshafsky is being provided with the services he contracted, there is no entitlement to any refund. Again, if Marshal and/or Deborah Warshafsky have any questions regarding the advertising purchased and services provided, they should not hesitate to call our Customer Service Department at toll-free (888) 707-8463 or (321) 329-3120. For the client’s convenience, I may also be personally contacted via email at kwhite@timesharesbyowner.com


    Cordially,



    Kevin A. White
    Mgr., Customer Service/Consumer Analyst
    "

This claim will remain posted until resolved.

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