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#522037 03/01/17 10:39 AM
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Tried to book my two weeks for Feb 2018. Was told all timeshare units are fully booked until Aug. 2018. Never happened in all th years we have been coming. Sounds very fishy. Any have any thoughts?

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Something is fishy. I've been an every other year timeshare owner at Banyan Bay since 2009 and never had any problems in 2009, 2011,2013, or 2015. They usually emailed me the updated Maintenance Fees Billing around November of each of those years, which I paid by credit card promptly. This month, they just sent me a notice that my timeshare has been rescinded because of failure to make timely payment of three consecutive payments. I have sent at least 6 emails back showing email billing & payment proof of the fact they've made a mistake, including one email last week with a new 2017 credit card payment authorization. Apparently the original 2009 contract says the fees have to be paid by Jan.1st of each year; however, since the fees change every year, I can't pay them until I know what the fees are! I have also called several times but no one will discuss the matter with me via email or over the phone.


MarkB
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Sounds like you need an attorney more than a message board.
Check your private message.

Last edited by bywarren; 03/30/17 06:09 AM.
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Originally Posted by MadBum
Something is fishy. I've been an every other year timeshare owner at Banyan Bay since 2009 and never had any problems in 2009, 2011,2013, or 2015. They usually emailed me the updated Maintenance Fees Billing around November of each of those years, which I paid by credit card promptly. This month, they just sent me a notice that my timeshare has been rescinded because of failure to make timely payment of three consecutive payments. I have sent at least 6 emails back showing email billing & payment proof of the fact they've made a mistake, including one email last week with a new 2017 credit card payment authorization. Apparently the original 2009 contract says the fees have to be paid by Jan.1st of each year; however, since the fees change every year, I can't pay them until I know what the fees are! I have also called several times but no one will discuss the matter with me via email or over the phone.

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cwh Offline
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I have had a similar experience after yearly one week problem free visits since 2008. I wonder how many more there are of us.

Joined: Apr 2017
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Hi - also got a letter re: 20% penalty to pay...think they just want timeshare people out out there ? New owners but not able to get their names...have paid every year but not before the 1 Jan. Have been going since 2005 and no problems at all until now !

Joined: Apr 2017
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Yes, they ve been giving me the run around too...think they re hoping deadline will pass and
we no longer have a timeshare. Anyone know a good lawyer down there ?
This is b.s.

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They blocked my e-mail several times as well!

Joined: Mar 2001
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Aldo Reyes is the attorney for the HOA and is very familiar with the situation at Banyan Bay.
www.lawyerbelize.com

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Check your private message. That also goes for madbum and Cwh

Last edited by bywarren; 04/12/17 10:18 AM.
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I have two weeks and have tried to reserve for 2018 since the beginning of the year they tell me that the contracts are be re written. Can I get the attorney information?

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Also has anyone contacted the Attorney?

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Aldo Reyes is the attorney for the HOA and is very familiar with the situation at Banyan Bay.
www.lawyerbelize.com

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Yes, I know of at least two others who have contacted Aldo Reyes.

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So... I just had the same experience with them. I asked their rep Lilian to call me to discuss and have not heard anything back from them. I have 2 weeks banked with them as well.

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Today Lillian finally emailed me back she said they are makining improvements to the property and that's why they are not reserving weeks in 2018 yet. However, in a previous email she told me they were redoing contracts whatever that means.


Has anyone heard back from the attorney? I contacted him but have not heard anything.

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It appears their idea of improvements is getting rid of timeshares.
Caveat Emptor. Legal advice is most often beneficial prior to entering into a contract, as opposed to after.
This holds true even in Belize. Even, or more so with timeshares - in Belize.

Last edited by bywarren; 04/21/17 08:30 PM.
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How do you know that they are getting rid of the timeshare units?

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I don't know that for a fact. But judging from the posts describing how people are not able to book and are contacting an attorney to try and protect their investment, would bring that into question.

Joined: Aug 2017
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Hi - we are like you and have been going for 8-10 years with no problems. Invoices always sent late to us, claiming exactly what they have told you. Emailed, phoned, no-one will answer - just total none response. Staff scared to talk about it and feel bad about what is happening.
We are in NZ - so difficult to visit.
I have emailed lawyer Estevan Perera in Belize recommended to me, I hope there may be a group that wants to fight this together. There is apparently a lot of conversation on trip advisor and Facebook about this with people putting up their emails so we can chat about this. I'm currently overseas so my IP address keeps getting blocked so will do this when back in NZ.
Andrew Ashcroft, Managing Principal - Blue Key in Belize, new owner. Father works for Bank of Belize (who were the creditors)!!!! Interesting that when I phoned the Bank they could not provide any info about new owners.


RA-B
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His pop, Lord Ashcroft, owns the bank and people.


Belize based travel specialist
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There is a group that has joined and retained attorney Aldo Reyes to represent them.

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www.conchcreative.com
Belize Wedding Photography

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Even England is on the fake news program....

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I am new to this dilemma with my timeshare aT Banyan Bay Resort. Just this past weekend had been advised that my contract has been rescinded by the same employee mentioned in other messages here.
Totally frustrated by their way of doing business. No letter received as I have now discovered it went into my junk mail, as it was sent by a person, not in my contact list. It doesn't matter that they are delinquent in their method of sending important information, they will not listen to my explanation as to why I didn't receive the email!!!
I am now coming to the conclusion that they don't care, they have another agenda, and that is to get rid of the timeshare owners.

Can someone put me in touch with the group who have contacted the lawyer, and whether they have had any success going that direction?

Joined: Oct 2017
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Hello, we have had the same experience. We were there last March at Grand Colony where we are timeshare owners and spoke to Andrew Ashcroft. He said right to our face that he does not like timeshares and why would he since he can make more money with regular guest and that our contract was not with him. Lillian is his mother in law so he is keeping this in the family. He does not care about timeshares owners and is trying to get rid of us. I think we all need to pursue a lawsuit if we are to have our contract honored. We were also told there was no availability this year in March and in 10 years have never been told this. Glad to see this forum because I asked for a name of timeshare owners and they would not give it out last year. In addition, they will now not email back or take our calls. Please private message me if you know how we can stop this and all get involved. That is what it will take unfortunately.

Last edited by furfriend; 10/09/17 01:22 PM.

Alicia M Creighton
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Same with us. We were there in March 2017 and told Ashcroft was thinking about combining the timeshares from B.B. and GC in one section.
When we called in Sept to pay out dues Liliana told us they weren't accepting dues, that timeshares were booked to Aug And weren't taking any more reservations. More likely it is booked wish non-timeshare guests.
She said an email would be going out to all timeshare owners but we haven't received anything yet.i did update my email with them.
Guess I will have to check in with the lawyer previous mentioned.

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Can you give me the contact information of this group??

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removed.

Last edited by Marty; 12/02/17 12:16 PM.
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What's the name of this lawyer you are so familiar with?
In my experience in Belize, some would considerate extensive over 49 years, I have seen some unscrupulous people. Not always limited to Belizeans. I believe many of the problems people have had with developments in Belize have been with non Belizeans. The problems with the issue of this topic is with someone I would consider more British than Belizean.
There is also some validity to Caveat Emptor and Due Dilgence. Some of the people I have witnessed making business decisions in Belize seem to leave much of their common sense in the country they left when coming to Belize.

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Why was my post removed Marty? Hits too close to home!! Why not let the timeshare people know when they're hiring a crooked lawyer or did you get paid to remove it.

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Carrottop, you've been bitter for awhile. Your posts were respectful at first, lately they have been getting more and more mean. To suggest I was paid to remove a post is laughable, it has never happened once in the 20+ years I've been doing this, and never will. If you just want to rant and insult folks take it somewhere else, please.

Joined: Sep 2017
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Hi there, I just wondered if you ever had any success in getting your timeshare at BB reinstated. I have tried many ways to correct the situation. I just returned from San Pedro and had a meeting with Franco, then Lee and then finally the elusive Lillian. My story is too long to go into except that I did not receive the letter of rescission last March, and only discovered the problem in Sept/ 17 when I tried to book my weeks.

My talks with the employees went no where with upper mgmt, that is IF Lillian actually forwarded my complaint to them. A lawyer in Belize City wants $1500. usd just to look at the contract and papers/communication. Not quite wiling to go that route on my own, probably just throwing more money away.

Any feedback would be appreciated.

Wendy Gainsborough
[email protected]

Joined: Sep 2019
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Something is fishy. I've been an every other year timeshare owner at Banyan Bay since 2009 and never had any problems in 2009, 2011,2013, or 2015. They usually emailed me the updated Maintenance Fees Billing around November of each of those years, which I paid by credit card promptly. This month, they just sent me a notice that my timeshare has been rescinded because of failure to make timely payment of three consecutive payments.

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Did you contact them directly to let them know that they have made a mistake?

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Are you still an owner and part of the recent ‘buy-out’?

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Is everyone here still a timeshare owner and part of the new ‘buy-out’? It said there are 54 owners left and with the sale of the last unit the proceeds will be split by said owners. About $7,000 each.

1- we own the timeshare for 93 years.
2- we all bought at different times and likely different costs.
3- there were 4 timeshare units we all used but this is based on only one? There were 2 units available in June when I was there.
4- section 7.1 specifically states that the CLUB guarantees us to always have availability for the occupation of the unit and shall confirm reservations requested on the weeks agree, if, and when confirmed use of the unit is done in the terms and conditions indicated here under.
5- Section 13 frown paraphrasing) the club may resend this contract without need for a previous court sentence or sue for the forceful compliance of the same in the following cases;

failure to make a timely payment of three or more consecutive installments; failure to make timely payment on the due date; failure by member to meet requirements, and any subsequent bylaws that may come into affect which the member has had do you notice; failure by the member to observe any clauses, and or provisions of the bylaws, or by further laws that may come into affect for which he has notice of for the use of the unit or breach are the same.

Last edited by Boondockmom; 10/08/23 12:47 PM. Reason: Include pertinent info
Joined: Dec 2023
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I am in the same boat and have similar questions that Lillian keeps deflecting

Our TS gets sold to the holding company of Alia and we lose our TS property? and we should just accept this? No thanks. here is my most recent email that I sent to the "Member Representitive" Dainne Davidson.....who is the HR person for Alaia!!

I will message there lawyer in the thread and see what information he might have, too!


In March of 2006 we entered into a timeshare agreement with THE VILLAS AT BANYAN BAY. The duration of the contract was for 94 years. We contracted for “every other year” or 47 visits. Up to the present day we have used The Villas at Banyan Bay 8 times.

We have been told by Lillian Chuc in an email that Banyan Bay has been sold. Our contract as attached has “The Club” in breach for failure to provide a unit to occupy. Furthermore, “The Club” has also broken the contract when it informed us (again via email from Lillian Chuc ) that our unit could not have more than 4 persons occupying it. Our contract calls for 6 persons maximum. Nowhere in the contact is a sale of the property addressed. This is to the detriment of “The Club” as they were the author of the contract.


As per clause 14.3.2 highlighted below and any other pertinent clause, we are owed for the “Amounts that we contributed that have not been spent to occupy the unit”. We are also owed a 20% penalty as per the same clause.

Here are my calculations

Paid $10,104 USD
Paid for 47 club uses and only used 8. Owed for 39 visits to “The Club”
$10,104 / 47 = $214.98USD per visit. $214.98 X 39 unused visits = $8384.17USD unused portion due to me
Penalty for default of the “Club” obligations to the “Member” 20% of purchase price. $10,104 X 20% = $2020.80
Total due to me is $8,384.17 USD + $2,020.80 USD = $10,404.97 USD

As per the contract, “The Club” has 15 days to make payment in full. As the member representative I trust that you will ensure compliance in this matter. I am available via email for request for banking information and to close out the contract.

Joined: Dec 2023
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Agree with above recent threads on Alaia's attempt to take away our timeshare for $5400. We purchased Jan 2007 for $20,500 an every other week for week 51 or Christmas week. We have used 8/47 sIo I feel that we still have $17,010 owed us. I understand your calculation and perhaps yours is more appropriate. In either case, I have consulted a local attorney to see if I have any legal options.

If there are 54 owners in this situation, I would be interested if we could start a class action lawsuit against Alaia on our behalf.

I agree that contract holds the Club liable as they have breached the agreement.

Will let all know if our attorney feels we have any opportunity in this international law situation.

Joined: Dec 2023
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Hi jjcdomba

very interested in hearing any information about Banyan Bay that you are able to find out!

Darren
[email protected]

Joined: Jan 2024
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Hello, We have found ourselves in the same situation as timeshare owners.We were informed that Banyan Bay was sold but we have not received further information. Has anyone been successful in getting answers or resolutions?
Donald


Donald
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There are laws in Belize that govern time-share ownership. I don't know how you will fare if you haven't met your side of the contracts which one owner stated - missing payments 3 times in a row. Although some may argue that they did not receive a bill, it is often in contracts that the owner should be aware of their billing cycles and make payments regardless of whether they receive notices. I am unfamiliar with the time-share contract but would suggest that one of you engage a Belizean attorney and know your rights. I hope you will all receive what you are owed.

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Amanda, thanks for your suggestion. Regards


Donald
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We have a demand from Alaia that we release our timeshare as well.. Have not signed it yet but got an email form them wanting us to send the signed release, not sure if what they are doing is legal. We paid up front so our only obligation is the maintenance fee which we have never be late on. Our contract is for every year anytime, except Christmas and new year, ocean front and they are valuing it at $10k to buy us out.. But we have no option to keep our timeshare so kind off like getting robed and they return 10% of what the stole from you and that's supposed to be fair.

Last edited by Blake Sonnier; 02/06/24 12:54 PM.
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Blake,
Who is your contact person at Alaia? We have a timeshare at Banyan Bay and hadn't heard anything about them abolishing the timeshares until we tried to secure our week for this year. We were told they no longer exist at Banyan Bay or whoever owns the properties now. We have a signed contract so I don't understand how this can be legal. There could be more of us having to deal with our timeshares being taken away, so any information helps us all.

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