Manhattan Club Lawsuit

And if the AG can't win any concessions for us owners, then I suggest we all stop paying both maintenance and mortgage payments. That should get their attention. If TMC can't provide the goods, then why are we still paying. I know I won't be. NY taxes are always a separate line item on the maint. fee billing and easy to identify.

We were Manhattan Club owners for 12 years. We were forced to sell it in 2013 because of the escalating maintenance fees, inability to get reservations when we wanted, harsh rules and regulations, (less than 72 hours notice of reservation cancellation, they charge you). We still had two days left that were paid for, but they would not let us use them, because we were selling the unit. I had written to the Attorney General several years before we sold it to complain about their illegal practices. Finally the long-overdue investigation is underway.

You were fortunate to have sold your unit. With the escalating fees it's no longer a property anyone wants to own.

You can go to http://www.ag.ny.gov/questions-comments-attorney-general-eric-t-schneiderman and send in questions or comments.

Here are my comments: I am an owner at the Manhattan Club. I haven't been able to use our time in years. We own every even year, Sunday - Thursday night usage. An easy way to handle this would be for the owners to show up at a Yearly meeting and vote out all of the existing board members. However, I understand that we must be present to vote. No mail proxies are allowed. To make matters worse, this year the staff has been quite unfriendly when we call. What are your objectives in the suit? Will owners be reimbursed for days they could not reserve? Will TMC be forced to buy back time shares? Thank you for your time and attention.

Thanks, will do. It was definitely more like thousands. I was contacted by the board last year to buy back my unit and clear up my back payments. I lost so much money on this so-called investment.

chrisv126 wrote:

tamaraem wrote:

I would like to be included i any correspondence concerning this. How do I get on the list.I purchased my TS in 2001 and probably actually spent 7 or 8 nights because the unit was never available. I spent hundreds a year for maintainence and fees only to not being able to utilize the space.

Eileen Miller leen718@gmail.com

tamaraem , please accept this correction.......you've probably spent THOUSANDS PER YEAR RATHER THAN HUNDREDS in maintenance fees. TIME TO FIGHT AND WIN THIS BATTLE IN COURT. LET'S GO ATTORNEY GENERAL SCHNEIDERMAN!

Comments: This is what I submitter to the Attorney General. Sorry for any misspelling.

My Wife an I are owners in the Manhattan Club. We can never get the days we request, the staff gives us a hard time, we can not afford to continue to pay for the mantanance and tax they charge us. We feel we have been misled along with the many other timeshare owners, For an example They want me to pay the yearly fees by march a bill comes in Jan--My contract is up in october they get the money at least six months ahead every year. We hope you can help the many owners and thank you in advance for the long overdo investagation into their illegal Practces. Gary J. Suzik

Last week I received a letter acknowledging my complaint from the Office of the NY Attorney General, signed by Serwat Farooq (Asst. AG).

It indicated that they are still investigating the case and may reach out to me and others for additional information, but due to the number of owners (they say it exceeds 14k) they are not able to contact everyone.

It further states that the AG does not represent "individual" complainants and if we have further questions we may want to consult private counsel.

Hopefully, this is progress. We have to continue to reach as many owners as possible and encourage them to send a letter and email the NY AG's office to illustrate the scope of the issue and maintain pressure.

The letter from Serwat Farooq of the AG's office is telling. Despite ten years of complaints from duped TMC owners the AG is NOT representing TMC owners. The State of New York is the NY AG's client. Fines from the AG's investigation will go to the State of New York not to owners. We need to open up multiple fronts of attack on the TMC fraud in the hope of getting redress from some government agency. TMC owners should contact the USPS for mail fraud and the Consumer Financial Protection Bureau. Continue to write to the New York AG but understand who their client is. Copy the letters you send to the NY AG to the USPS Fraud Unit and to the Consumer Financial Protection Bureau. USPS FRAUD UNIT http://ehome.uspis.gov/fcsexternal/default.aspx Consumer Financial Protection Bureau http://www.consumerfinance.gov/complaint/

Creative copying always gets response. I would copy the AG, the Governor, our two Senators, each persons personal representative to the US Congress and the NYS Assembly, and each member of the TMC Board of Directors as well as the various NYC agencies. Getting the various names around will increase the pressure on the TMC owners. Let's start compiling an appropriate list of both had copy and e-mail addresses. Jam678

Hello: I am a timeshare owner in Nassau and Ireland......and an attorney and just wanted to put my 2 cents worth in the conversation. You need to bring a class action suit..and I would contact the lawyers who have already conducted litigation in timeshare fraud cases because you want and need an experienced timeshare attorney. Timeshare Today could probably provide you with names of those attorneys whose law suits have been published in their magazine. But you need to move on this now to recover damages for yourselves. The other writer is correct that the State of NY is the AG's client and any fines or penalties or costs imposed on the timeshare company and/or individual officers or owners (if they are ever paid or collected) will go to the State of NY not the timeshare week owners who have been defrauded. You need personal contact or meetings in addition to letters. Just my opinion. Mary

jamesg658 wrote:

Creative copying always gets response. I would copy the AG, the Governor, our two Senators, each persons personal representative to the US Congress and the NYS Assembly, and each member of the TMC Board of Directors as well as the various NYC agencies. Getting the various names around will increase the pressure on the TMC owners. Let's start compiling an appropriate list of both had copy and e-mail addresses. Jam678

What if you don't want cash back? What if you only want relief in the form of ease of use in getting reservations, cap on maintenance fees, adherence to original terms of contract? Do we still need class action suit?

Yes....you just have greater numbers supporting your case with class action.....but all the relief you are seeking plus any monetary award will only come from the courts.

cynthias402 wrote:

What if you don't want cash back? What if you only want relief in the form of ease of use in getting reservations, cap on maintenance fees, adherence to original terms of contract? Do we still need class action suit?

I'm in if anyone organizes it.

I agree a class action suit is the best way for owners to go. If someone decides to file one, count me in. Thank you.

marye720 wrote:

Hello: I am a timeshare owner in Nassau and Ireland......and an attorney and just wanted to put my 2 cents worth in the conversation. You need to bring a class action suit..and I would contact the lawyers who have already conducted litigation in timeshare fraud cases because you want and need an experienced timeshare attorney. Timeshare Today could probably provide you with names of those attorneys whose law suits have been published in their magazine. But you need to move on this now to recover damages for yourselves. The other writer is correct that the State of NY is the AG's client and any fines or penalties or costs imposed on the timeshare company and/or individual officers or owners (if they are ever paid or collected) will go to the State of NY not the timeshare week owners who have been defrauded. You need personal contact or meetings in addition to letters. Just my opinion. Mary

jamesg658 wrote:

Creative copying always gets response. I would copy the AG, the Governor, our two Senators, each persons personal representative to the US Congress and the NYS Assembly, and each member of the TMC Board of Directors as well as the various NYC agencies. Getting the various names around will increase the pressure on the TMC owners. Let's start compiling an appropriate list of both had copy and e-mail addresses. Jam678

marye720 wrote:

Yes....you just have greater numbers supporting your case with class action.....but all the relief you are seeking plus any monetary award will only come from the courts.

cynthias402 wrote:

What if you don't want cash back? What if you only want relief in the form of ease of use in getting reservations, cap on maintenance fees, adherence to original terms of contract? Do we still need class action suit?

keep in touch.

chris

Here is the link to the actual preliminary injunction granted to the AG against TMC back in July, including among other things, they can not file any kind of foreclosure action against an owner who does not pay their maintenance while the case is pending, or who stops paying the mortgage, for those of us who financed our purchase thru TMC.

http://www.ag.ny.gov/pdfs/Order%20signed%207-24-2014.pdf

I, for one, am not planning to give them another dime of maintenance or mortgage money, and would encourage everyone else to do the same.

But, if you don't pay the maintenance, you can't access your timeshare, correct?

We stopped paying maintenance last year 2014 and doing the same this year 2015 until we see justice!

You don't have access anyway when you pay maintenance, so you have nothing to lose.

Exactly!! We've owned for 10 years and have never been able to reserve at TMC. Since we've been denied the use of the timeshare, what's the use in continuing to pay?