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GaKaye said:Computerwise said: In this country the bank would have been sued and held liable along with the previous owner. No, the bank would have been held liable, nor would the previous owner. I didn't proofread my comment. I meant to say that the bank would NOT have been held liable.
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Several of you keep blaming us for investing in a business that went bankrupt. You are invited to go back to the earliest postings and refresh your memories. There was no bankruptcy but a possible flaw in the laws. This saga may not be over.
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And the "[color:"red"]possible flaw in the laws[/color]" is not something that is likely to be fixed retroactively. This did not happen in the US and even if it did, there is no assurance the "owners" would be protected. I feel for the people who got sucked into this mess but "due diligence" should have been exercised.
Personally, I looked into the timeshare concept about 30 years ago here in the US. The first moment I was told I was basically "locked in" to a given week and there was "no cap" on maintenance fees, I knew it was not for me. Not saying it is not a concept that works for others but right then I knew there were risks I was NOT willing to take. That and the BS the salesperson gave me about getting discounts on airfare to match my travel dates even made me more skeptical.
J.D.
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I don't have a dog in this fight but how is the "boycotting" of Alegria by "owners" who don't own there going to take place? People that "own" elsewhere are not going to go to Alegria anyhow Exactly ..and re: Trip Advisor. I agree that there are some questionable reviews of all their listings BUT it would make no sense to keep any reviews after the property changed hands and changed from a timeshare to a hotel under the name of the new hotel. What happened in the past under previous owners shouldn't apply to the new place. They should keep the Caravanserai reviews there and start a new resort review link...
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They should keep the Caravanserai reviews there and start a new resort review link... [/quote]
They've actually done that; current reviews for Algeria now appear on the old Caravanserai site as well, and all the old (good and bad) reviews from the old Caravanserai site have gone. <img src="http://www.traveltalkonline.com/forums/images/graemlins/Wink.gif" alt="" />
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Ahhh...when I just looked I saw the reviews for the previous Caravanserai going back to 2004 still posted and three reviews for the Alegria newly posted on the Alegria site.
Don't know what the "removed reviews" statement refers to.
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Someone else said that. How can it NOT be over? My understanding is that the judge dismissed the case filed by the Caravanseri 'owners' and ordered them to pay the other side's fees. What is not over?
Carol Hill
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As with many things in life facts do not always change beliefs..
If a person believes it is not over then it is very easy to ignore any facts that dispute this...
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The only thing I see is if The Bank allowed fraudulent sales of timeshare units when BKO proceedings were already starting to take place
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.. which argument was made originally to the judge, I believe..
Carol Hill
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Unfortunately until the disgruntled owners finally accept defeat that was issued by the court this will never be over in their minds. It's really time for them to move on.
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It truly sucks, but it's like anything else that closes its doors and files for protection. New owners are under no obligation to keep the resort the way it was, heck they could have turned it into a shopping mall! And like JD said, if you own stock in a company and they file, your left with nothing. Unless fraud can be proven I to think they are out of luck, and even if proven they won't gain anything and it will cost more in courts. At least that is how I remember it when I worked in collections
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If you are not one of the "disgruntled owners finally accepting defeat" -as someone here callously refers to and he shamelessly directs this remark to 2,200 families- then your opinion is just that: an opinion that is unsubstantiated and absolutely worthless. For me and for all of the other previous Caravanserai timseshare folks who are affected, I wish to thank all TTOL members, and this board, for your continued support and understanding. We are sure that if the shoe were on the other foot (yours!) and you were affected, you'd feel the same way.
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Ah, I own in Mullet Bay, I purchased a timeshare within a resort, with that purchase came the benefits of EVERYTHING around me, so while I didn't lose my weeks, my "investment" is worth nothing what it was, I couldn't sell units that i paid 30k for, had to give them away to get off the hook for maintenance. But I had no recourse. So I do have a grasp on what your situation is. Sorry if you don't like my opinion. Wasn't trying to be rude. I just don't understand what recourse the owners think they have. And a I said if fraud can be proven I would think that is grounds for a lawsuit. But if bankruptcy and business closes and new owners don't offer units as timshare or want to work with previous owners of the new defunct property it shouldn't be their obligation to do so.
Last edited by kim; 02/15/2015 10:36 PM.
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Since you quoted me and I suppose that your response was directed to me and not Kim I'm responding to your post. If you look back at previous posts by me I did sympathize with your situation. But you have to realize the odds are against you for recourse and the courts have deemed so. Life goes on and if you dwell on this all your going to do is miss what else St Maarten still has to offer. Swallow your loss and rent from another resort. Heck for the MF you were paying now you can rent a place where and when you need it instead.
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San said:We are sure that if the shoe were on the other foot (yours!) and you were affected, you'd feel the same way. i have been quietly following this topic for months. and yes i can understand your anger but it took me about 15 seconds to find this US FTC web page: http://www.consumer.ftc.gov/articles/0073-timeshares-and-vacation-plansit appears this was a "right to use" timeshare. much like that 'life-time warranty' its not your life-time rather its the company's life. further the web is filled with "timeshare dangers". you can complain about the new owner, the government, the guy behind the curtain. in the end it was the failure to do REAL due-diligence that is the real issue. a/k/a live and learn.
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The judge did not grant injunctive relief to the owners, thereby allowing the new Alegria owners to proceed with moving forward with their new resort. That did not, however, mean that the matter was over or that Alegria other involved parties were blameless or will not ultimately be found liable. The injunctive relief was an "emergency" type of action to allow people to continue to use timeshares in the high season. It did not go to the merits of the overall underlying potential case which could involve more than one party or entity. Whether that will be pursued, or be successful, is not yet determined. But I do not want to go into further detail at this point. I just wanted to clarify that the original suit was purely an emergency injunctive action to try to help people who were being displaced.
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What was the ""emergency" type of action to allow people to continue to use timeshares in the high season." ?
SXM??? Wendell
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If you and your family had planned a vacation, paid for rooms and flights, and were told you could not use the rooms because you did not pay the new owner?
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And what happened for these reservations ?
SXM Wendell
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That is why I am asking. The announcement was prior Nov.1 Which gave your family some some options.
Which now is Algeria is a hotel.
SXM??? Wendell
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You asked to better understand the "emergency". I tried, but failed to give you one of the many examples that existed.
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To the original point of the thread ..... The rooms are quite nice. Look to be recently refurbished, king bed, fridge, microwave, 2 ring hot plate. Efficient central air. Following from earlier comments, the elevator works too. Not sure if it is just the color of the tile, but the pool looks a little skanky from above.
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Some people do not have unlimited funds to have "options" if they prepaid for a room (or several rooms) and paid for airfare during high season and then found that they had no where to stay. The action was partly injunctive relief to allow people to keep their reservations pending further action. People who were at Caravanserai were being moved in the middle of their stay. If this would have happened when we were there it would have been chaos for our family, as we had brought 20 people to the island, 16 of which were staying at Caravanserai in two sleep 8 penthouses and a one bedroom. It would have been next to impossible to keep our group together and we had children and families that needed to stay together. Whether people feel Alegria had the "right" to do what they did legally, which really is not a decision that can be made without all of the facts, it still does not change the fact that a lot of people had to scramble to salvage their vacations without breaking the bank, and the injunctive action was partially an attempt to help those people.
And what a lot of people are forgetting is that many Caravanserai "owners" did not even know about what was happening at Caravanserai/Alegria (some STILL may not know) as the notice given was appallingly deficient. The only notice given was an email that vaguely referenced "timeshares ownership" and was titled "Alegria" and did not mention "Caravanserai" in the heading at all. Had I not know that Alegria was the new name of Caravanserai because Marty had told me, I would have thought the email was another "get rid of your timeshare" spam email and never opened it. Many people never saw the email and showed up in SXM oblivious to what was taking place. A lot of people who go to SXM do not visit travel sites like TTOL and get info about whats going on. This is especially true of people who used their usual unit at the same time every year and had no reason to suspect things had changed. But it also was true if they booked through RCI, because RCI did not notify us of any change to our RCI reservations until January of 2015 and were not notifying other Caravanserai owners either because (according to RCI reps I talked to at length) they were as confused about what was going on as the rest of us.
Last edited by mecs; 02/23/2015 08:41 AM.
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Ok, that clarify's some. But the "emergency" relief was the Letter offering a stay at Alegria for the price of the MF's or another agreement/court action?
Thanks SXM??? Wendell
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That "emergency" relief offered in Alegria's initial emailed and very confusing letter (1) was not seen or received by everyone, and even if it was, it (2) forced people to relinquish any potential claim without having any facts behind what happened, and (3) did not guarantee same size units or anything at all really. So it was not "emergency relief", it was giving up.
So a group of affected people who knew of what was going on tried to get a stay on the "ejection" and eliminations of timeshare rights until they could look at what had led to the whole situation and determine who, if anyone, was at fault. The situation was very confusing and unclear and very open to the possibility of fraud or collusion and people were (and are) investigating. The injunctive relief stopping the "termination" of rights was not granted, but it did not stop the injured parties from investigating whether there is any other form of relief, and it does not stop them from investigating whether there was any wrongdoing on the part of Manek, Endless Vacations, Sidhom, Alegria, the bank, or another other parties. There may or may not be fault. There may or may not be economic relief. There may or may not be collectible damages. But the right to look into this is something that anyone should have and pursue if they so desire, even if the only result is to raise awareness or stop it from happening to others.
Last edited by mecs; 02/23/2015 11:31 AM.
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Ah, ok Thanks
SXM??? Wendell
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Over today for our final visit before leaving paradise. Latest to report - a whole bunch of new beach umbrellas waiting to find their homes by the pools. Impressed! Great time at The Dream was had by all, going to miss that place and the good people there. Until next year ...............
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We are here now. There have been improvements. It's a slow process for this island so they have done a good job. Especially since new ownership took over during hurricane season. The elevator finally works consistently. Great wifi but only on balconies. Lots of pool chairs and umbrellas. 24 hour security that actually walks property. Staff is much more friendly and if you request something you no longer wait days till its done. All new furniture, mattress is brand new. Very few people here but this place is going to be a gem if they continue ue this way. Don't agree with how this happened but I am pleased some one is making improvements.
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Did you rent a room or was it a mf deal that they offered? Just curious.
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We took the mf deal. We didn't spend that much on our timeshares and didn't have much to lose like many others. We just wanted to come back to our favorite place. Apparently they are offering the same mf deal for next year. We can reserve it now if we like
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that might actually be a good deal for next year. The condition of the resort should be pretty good by then.
Carol Hill
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So it looks like accepting the AMF deal was the best choice. At least you got to return to stay in the resort for the same price you are used to. I wonder how long the agreement will last
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I wonder whether they would offer that deal now to people who didn't originally accept it?
Carol Hill
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boucharda said: So it looks like accepting the AMF deal was the best choice. At least you got to return to stay in the resort for the same price you are used to. I wonder how long the agreement will last As long as they need a steady flow of recurring revenue to jump start the business?
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I think that is as long as it will last. Once they have it to the level they want the. We believe our offer is null. They are also looking to put in a 5 star resterauns once ther current leases are up in two years. It all depends on how much you lost. We have not lost anything as we have been coming here 18 years and feel we got our money's worth. If you check rent on the island weeks 9&10 it's expensive. We are with three other couples who all have the same opinion. However others have lost upwards of $100,000. That makes a difference in their perspective and would in mine too.
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Not sure how Marty's dream bar is doing. Not really busy from what I can tell.
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