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Remus2004
Remus2004, Barrister
Category: General
Satisfied Customers: 69366
Experience:  Over 5 years in practice.
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Timeshare Maintenance Demands

Customer Question

My wife and I have just received a court order to pay Timeshare maintenance. I gave 13 months notice (21st May 2011) and maintenance was paid until June 30th 2102, and they have hounded me ever since. Telling me I am still liable for the maintenance. Obviously there must of been small print, but I dont see anything on the contract, only to say as per rules in constitution. My wife of 7 years has nothing to do with it, as it was my ex-wife and I originaly signed the contract. Please can you give me some guidance. Dave Trevelyan

Submitted: 3 years ago.
Category: General
Expert:  Shantal-Mod replied 3 years ago.

Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Shantal

Customer: replied 3 years ago.

I would like to have an answer, but if you or your colleagues are unable to give any advice, please could I have a refund.
Thanks Dave.

Expert:  Shantal-Mod replied 3 years ago.

Hello Dave,

We will continue to look for a Professional to assist you.


Thank you for your patience,

Shantal

Expert:  Remus2004 replied 3 years ago.
I have been asked to look at this.

Do you still need help?
Customer: replied 3 years ago.

FOR JOMO1972 Yes please,


 


My wife and I have just received a court order to pay Timeshare maintenance.


 


I wonder if it would be possible for the claimant to explain why and how they have come to this decision.


 


I gave 13 months notice on the 21st May 2011 to end my ownership at Forest Hills and would be paying my last maintenance (which was paid on 4th July 2011) to cover period up to until June 30th 2102.


 


I was advised to fill in a resale form to sell the unit. I did this and heard no more.


 


Since then I have received the following letters


 


On 16th June 2012, I received an invoice for £544.82. for the following Year.


 


Followed by an urgent reminder on 24th August 2012,


 


It followed another 3 letters from Network Credit Services as follows,


 


12th October 2012 Account Overdue Notification for £555.72.


 


09th November 2012 Account Follow up Letter for £555.72.


 


07th December 2012 Final Notice for £555.72.


 


Then on 14th February 2013 I received a final Notification from The Forest Hills Trossachs Club. For £468.83.


 


Having received the latest demand, I contacted the number as per letter asking for an explanation for all these demands. No explanation was given but was continually


 


told that I was still liable for the Maintenance,


 


I am still waiting for an explanation why I am being billed for 2012/2013


 


I would also like an explanation for the conflicting amounts of money.


 


 


 


Also my wife of 7 years has also received a court order for the same. I would like to point out that she has never signed any contract and doesn’t have any part of the ownership. But I would like to see Macdonald Resorts produce this documentation as proof of her ownership.


 


 


 


Please can you give me some guidance in this matter.


 


 


Mr.David Trevelyan

Expert:  Remus2004 replied 3 years ago.
When you say a court order' do you mean a CCJ?
Customer: replied 3 years ago.

FOR JOMO1972


 


A claim has been made by Macdonald resorts through the county court.
The county court is ordering me to pay this in 14 days from 17th April unless I have a defence.

Expert:  Remus2004 replied 3 years ago.
Does the contract allow you to cancel?
Customer: replied 3 years ago.

FOR JOMO1972


 


The contract doesn't tell me a lot and always refers to everything, including the maintanence fees are due in accordance with the constitution of the club. As I purchased the timeshare second hand, I have never seen a constitution of the club.


I have recently terminated another timeshare with another resort and I didn't have any trouble like I am having now.


I guess this is another case of being mis-informed and mis-sold time share.

Expert:  Remus2004 replied 3 years ago.
Whats the mis selling?
Customer: replied 3 years ago.


Mis-sold meaning, mis-informed, when purchased I was told if you stopped paying the maintenance at any time , we would not be able to to use the apartment and it would be sold on.

Expert:  Remus2004 replied 3 years ago.
Did they guarantee it would be sold on within any particular time?
Customer: replied 3 years ago.

FOR JOMO1972


They didnt guarantee any thing. and as far as I know it hasn't been sold, and I still have the deeds.

Expert:  Remus2004 replied 3 years ago.
I am sorry but thats a problem.

Its fair to say that these companies do not usually sue. Its surprising that they have.

However, you have signed a contract and they are able to rely upon it.

You can defend on the basis of misrepresentation. However I'm afraid this isn't a misrepresentation. Saying that they will try to resell it isn't a misrepresentation. Probably they have tried to resell and were not able. Nobody wants to buy these things at the moment.

There might be jurisdictional issues if you signed abroad.

I'm very sorry

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