National Cancellation & Transfer did not meet its promised services nor did the law firm of Neally Law. I have fulfilled all the required and requested responsibilities as outlined in item 3 of the service agreement. Additionally, I was never advised on any negotiations or progress or status pending. On April 3, 2017, I received three documents needing to be completed and returned to you. On this same date, I wrote to you with concerns about not making (stopping) payments to Diamond Resorts during the cancellation process. You stated “…stopping payments might be a good idea to help facilitate the process.” Further, “The attorneys would assist in writing letters to Diamond Resorts and to the credit bureaus, if needed.” I contacted you and Neally Law on several and separate occasions about Diamond Resorts reporting negative information to the credit bureaus.
Diamond Resorts continued to report late payments. In an email dated May 24, 2017 Neally Law said “…Yes, closing the bank account was fine and probably the best way to guarantee they don’t continue to auto draft those payments…” At several points during 2017, I contacted Neally Law regarding the collection telephone calls I was getting from Diamond Resorts as well as the reporting of negative information to the credit bureaus. Neally Law did not respond to my email requests. On October 24, 2017 by email, I asked Neally Law to please provide some form of response. No response received. At various points during 2018 I contacted Neally Law regarding my concerns with Diamond Resorts reporting negative information to the credit bureaus.
No response was received. An email, dated February 7, 2018, from K of Neally Law stated they sent out a letter to Diamond Resorts. The email stated: “Yes we did receive your last email. The credit letter was sent out beginning of November. We will send another one out this week. We are in negotiations 2 of 3 with the resort. I sent a request to resort relations to get an update. As soon as I get that I will be in contact.” On August 22, 2019 I sent you an email regarding Diamond Resorts and that I was still getting email regarding my timeshare.
As per Form 1099-C dated June 28, 2019 the timeshare had already foreclosed. Had National Cancellation & Transfer and Neally Law both been current on the status of my timeshare, I really believe that both would have been informed about the foreclosure. To me, this indicated that there was little or inadequate negotiations relative to my timeshare. In mid 2019, I reported to National Cancellation & Transfer that Diamond resorts had reported a foreclosure to the credit bureaus. According to Form 1099-C, official foreclosure of the timeshare was June 28, 2019.
The question I have is why didn’t National Cancellation & Transfer or Neally Law provide me with this information at that time? I did not receive official notice of the foreclosure until about February 12, 2020 the date I received Form 1099-C. The original purchase price of the timeshare, excluding interest, was $$$,$$$. I paid $$$,$$$ as down payment leaving $$$,$$$ as an amount financed. All this information is in the ocuments provided to National Cancellation & Transfer and Neally Law. Form 1099-C shows code “D” in box 6. Code “D” indicates that the cancellation of debt was due to a “foreclosure”.
I understand that the foreclosure remedies statutorily end or bar the creditor’s right to pursue collection of the debt. I would not have needed the services of National Cancellation & Transfer or that of Neally Law if I knew that the cancellation would be through a foreclosure. Anyone can stop making payments on a mortgage and have the mortgage foreclosed. No negotiations needed. As it now appears, Diamond Resorts has my equity of $$$,$$$, has a write-off of $$$,$$$, and will or has resold my timeshare. As such, Diamond Resorts appear to have double dipped by virtue of the write-off, reselling the timeshare and keeping my equity to boot. For how much did Diamond Resorts sell the timeshare? Did Diamond Resorts actually lose $$$,$$$ in reselling the timeshare? These are unknown questions. Getting responses and update from Neally Law was difficult. The general response was “…We are currently on negotiations working on a settlement…”
On March 5, 2019 I sent you (Wade) an email expressing my concern with the overall progress and the lack of adequate response from Neally Law and National Cancellation & Transfer. On March 25, 2019 I again sent you (Wade) a follow up email as I had not yet received a response to the March 5, 2019 email. On December 12, 2019 I sent you another email stating that I was very frustrated with the progress of the cancellation. On December 18, 2019 I received an email from Neally Law stating that you would be assisting with the credit issues. You contacted Tradebloc and stated they would be assisting me with my credit issues. After discussions with Tradebloc and seeing how Tradebloc operates I concluded that they were not a viable company nor the right fit for me.
They requested that I send private, identifiable, and personal information through email. I explained to them that I would not send any private, 3 of 3 identifiable, or personal information through email as it is totally unsecured and not safe. They told me to fax the information, but to call them and let them know when I was faxing the information. I don’t have a fax, and I didn’t understand why I had to call to let them know a fax was coming. They agreed that email was unsecured. However, no alternative was provided. Seeing that Tradebloc was not concerned about safeguarding my personal and private information, I did not feel comfortable about sharing it with them.