Manhattan Club Lawsuit

We tried to sell back or "give back" our timeshare at TMC. It was paid for in cash and the maintenance fees were paid up at that time. We just could not get a room when we wanted to go into NYC (live in CT) over a three year period. So we asked to take the "buy back option" what they presented at time of sale for "first right of refusal" they had no interest and said they were no longer buying any timeshare back. Shortly after hired a lawyer to try to get them to buy back or get us out of ownership. They wanted maintenance fees paid in advanced and would give us $100 for timeshare we paid $25K 1 bdrm 1 Ba with Silver flex-plan. That was before we were made aware of all the TMC owners having the same problems and complaints such as we did. It's the same story over, and over. They were very unreasonable to deal with and stood by nothing they presented in presentation of sale of the timeshare.

I wish everyone involved as owners the best outcome. We just want this situation to be resolved soon.

Just another way for them to "anger" timeshare owners. Who wants to see their advertisement come up on your cell phone? I hope I don't get one on my phone. It is not appropriate for owners.

It looks like Eichner's lawyer will be advocating the position that TMC assets should be "unfrozen" to help Eichner pay for his legal fees. My concern is that the legal fees could severely deplete TMC's assets, which leaves less available monetary relief for any victims in this case (e.g., the owners) should Eichner be found liable.

Don't worry about Eichner's assets. He's still raking in millions and is looking for a way to avoid spending any of it on legal fees - an action his lawyers would be expected to take on his behalf. Looks like he's just ignoring this entire legal action, enjoying life as usual, and letting his lawyers handle the details.

I am concerned about the accuracy of the information I have read on Red Week. We thought we had to sign up and join the class action suit but then I read if you are an owner you are automatically a participant. Reading there are only 30 people involved concerns. Are we to assume we are involved if we are owners or do we have to something to join? Sandy

Hello Sandy. To my knowledge there is only one class-action suit proposed so far, by attorney Lowell Sidney in Manhattan. You should contact him for information. The other attorney who is working with owners is Doug Wasser, also based in Manhattan. He is NOT pursuing a class-action but serves as a liaison for 30 or so owners with the Attorney General's office.

Good luck.

Plz forward the survey to Thomas and Barbara Reade Email address; barbarablairreade@yahoo.com

THANK YOU

Alex, I would like to join the class action suit. Have emailed you previously with no response. Please confirm.

Thanks, Lynn Swett

I am an owner and am simply interested in getting out of my timeshare. The annual fees are just too much. Plus I have the same problem everyone else does with booking a few nights. Does anyone know of a reliable firm that can help me? Has anyone had any experience with an organization called Time Share Exit Team? Any good? Roger

called timeshare exit team; from the phone call response, i personally wouldn't trust them any more than i would our "esteemed leader", ian bruce eichner. check out my intuitive feeling.......give them a call land ASK PERTINENT QUESTIONS: cost to get you rid of your TMC timeshare? remember you have a legal deed to TMC........HMMMM, CAN THEY REALLY DISSOLVE THIS LEGAL CONTRACT? any upfront money required? if so STAY AWAY. CALL THEM. also ask i they can provide contact info of those who they have helped get legally and completely out of their timeshare.....with absolutely any legal or financial obligations whatsoever. IMPORTANT STUFF, DON'T YOU THINK?

keep in touch,

cris

rogers298 wrote:

I am an owner and am simply interested in getting out of my timeshare. The annual fees are just too much. Plus I have the same problem everyone else does with booking a few nights. Does anyone know of a reliable firm that can help me? Has anyone had any experience with an organization called Time Share Exit Team? Any good? Roger

Thanks for the feedback cris. I will give them a call with a list of questions. Let you know how it goes. roger

URGENT! ALL TMC OWNER'S CALL

TMC has new counsel—that is why the early February hearing on unfreezing legal fees was postponed until 3/31. new firm, Gibson Dunn .. and the bad news: http://www.gibsondunn.com/lawyers/rmastro; He is a NYC mover and shaker, and a very expensive lawyer and law firm. It is costing TMC/Urban a ton. This is the law firm that represented Gov. Christie in the Bridgegate lawsuit. Everyone should make sure they have written to the judge objecting to this; and (2) maybe getting some people to the argument on 3/31 even if it might be postponed again. This is a big hearing—if the judge allows TMC’s/Urban’s motion, they may be allowed to be paid legal fees out of owner maintenance fees. In previous briefs filed with the court, TMC has already argued that its legal fees for all defendants are running $50K-$100K/month. Once the discovery gets going, it will be even more.

I have found in my experience from years ago when we started having problems with booking at TMC that most of these companies are scam artists. Beware.

Irene, In response to your posting about the judge ruling; should we say that we don't want the freezing lifted on financial accounts for TMC? What about all the investigations information that came out from AG investigation with auditing of records, files, taping of the investigators Sales tactics, owners complaints, discrepancies', in # contract revisions, and unit #'s, and questionable number of units sold? How could a Judge ignore all the factual information brought forth in the investigation and "in-freeze" their accounts? I will write if you think it will help, but with all the information that has been presented in this case, how can our writing the Judge have any impact on his decision?

I have gotten rid of two timeshares using GO PROPERTIES SERVICES, LLC Wantage, NJ 07461 Phone--8865497316 Ask for Heather Guinta

It costs a few bucks but I was very satisfied. They are working on two more for me at the moment.

I am keeping my Manhattan Club timeshare. I have three days one year and four days the next. I book far ahead and NEVER have had a problem. With people like me booking three and four day stays, it must be tough booking a week if you try to book late.

Bill

Irenes93 I just received an update from Mr. Wasser for an article I am writing for Inside Timeshare. We are Diamond Resorts owners, but I try to keep up with all the major lawsuits for our articles. I asked Mr. Wasser about attending the hearing as our daughter lives in NYC. People should attend the March 31 hearing, but consider that oral argument of the motion has already been adjourned a number of times, and that anyone who is planning to travel from afar should check before attending to insure that the motion is still on for argument.

Thank you for your information. Bridgegate attorney no less.

Who should we write? I remember seeing that there was a change in judges. Thank you.

Please personalize, delete and add to make the letter your own.

Sample Letter from Don, a TMC owner, to send to Judge Rakower

[Your name and address]

[Date]

Honorable Justice Eileen Rakower

Supreme Court of the State of New York

71 Thomas St.

Part 15

New York, New York 10013

Dear Justice Rakower:

I write regarding case number 451536/2014 Schneiderman v. Eichner. I hold contract #[your contract number] for a unit at The Manhattan Club.

It has come to my attention that this still unresolved, three year old case will come before you again next month when Mr. Eichner will ask to retain new or perhaps additional lawyers. While this may be his right, as an owner at The Manhattan Club, I understand my already outrageously high maintenance fees may increase yet again if Mr. Eichner, who I understand is named personally in this case, is permitted to raise my timeshare maintenance fees to cover the huge legal fee increase his new team of lawyers will require. As you know, one major element of our complaints against Mr. Eichner is that he has raised fees far in excess of reasonable costs. This has been in part to cover his legal fees. By allowing him to do this again, you will be furthering the absurdity that timeshare owners are paying to defend against legal action regarding complaints we ourselves have requested!

TMC maintenance fees are already greater than the cost of renting rooms at TMC. Many would like to sell or relinquish their interest in TMC and remove themselves from any liability for additional fees or charges. But they have been told they cannot because TMC cannot take shares back, and there is no market to sell them given the pending legal actions. One result is TMC owners, already having difficulty booking rooms conveniently as they had been told they could, are opting just not to pay any more. As more and more owners do this, fees for those of us who do pay escalate even further!

Please resolve this case and restore the value of our ‘investment’! In the meantime, please require Mr. Eichner to take interim responsibility for our maintenance fees until this case is resolved, or at the very least, immediately reverse the permission Mr. Eichner enjoys to continue raising our timeshare fees to cover his legal defense and his losses because of some aggrieved owners’ non-payment of their maintenance fees. Please!

Sincerely,

Here is the text of the letter I just wrote to the Judge for anyone who may wish to copy. My focus was to express my objection to the un-freezing of TMC bank accounts. Use whichever letter you like, or write your own. The important thing is for the Judge to receive a deluge of paperwork in opposition to the move to empty TMC coffers in order to pay Eichner's legal fees. In one of her previous decisions, the judge even acknowledged the volume of correspondence she had received.

Bob Biello

Justice Eileen Rakower Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013 Re: Case # 451536/2014 Schneiderman v. Eichner

Dear Judge Rakower:

My wife and I are among the thousands of owners of timeshare interests in The Manhattan Club who feel we have been defrauded by the improper conduct of Mr. Eichner, members of his family, and a close circle of associates.

We have been closely monitoring the on-line sites dedicated to this case and learned that Mr. Eichner has again engaged new counsel, this for the third time, to represent him in this case. I understand that they have made a motion in your court to have funds released from frozen Manhattan Club accounts in order to pay the defendants’ legal fees.

We are strongly opposed to the release of any frozen funds since those monies are what we defrauded timeshare owners hope to be paid from in the event the court orders restitution or fines to be paid by Eichner.

My wife and I purchased 2 timeshares at The Manhattan Club in 2005 for over $50,000, and during the ensuing 12 years we have routinely been denied the use of the timeshares by Eichner and associates through a scheme to artificially manipulate room availability. Between the purchase and maintenance fees, we have been ripped off to the tune of $70,000. Mr. Eichner is a multi-millionaire many times over. To allow him to pay his legal fees out of funds he obtained by defrauding us and other owners would be a serious miscarriage of justice.

As a result of the fraudulent conduct perpetrated against us by Mr. Eichner, The Manhattan Club and its affiliates, as well as the NY Attorney General's allegations of fraud and other criminal conduct, I urge you to hold all the parties named in the Attorney General's complaint personally responsible for their fraudulent actions in the improper sales and operation of The Manhattan Club timeshare, and require that they pay their own legal fees.

Sincerely yours,

Thank you!!