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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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Dear Sir or Madam, We bought a timeshare apartment in Florida

Resolved Question:

Dear Sir or Madam,
We bought a timeshare apartment in Florida 2004.
Now not able to afford fees, exchange or flights etc.
Our children do not want it.
August 2012 (stupidly) were persuaded to buy a fractional ownership at Dyserth Falls, North Wales with the express aim of transferring the Florida Apartment. Paid and sent our certificates.
Dec 2012 The firm went into liquidation.
Jan 2012 Paid maintenance fees for Florida.
May 2012 had to use or loose timeshare weeks so went to Tenerife.
(Stupidly and desperately) agreed that Aroma Holidays would sell our Florida Timeshare.
On our return, in May, received a letter saying that Dyserth Falls had new owners and would honour the agreement. But despite many phone calls, e-mails etc - nothing has happened.
Now an American Firm, SUMDSAY, associated with Aroma; wants our certificates to make the sale.
We now have two agreements, two timeshares that we don't want! How do we stand legally if we sign and send the transfer form to Sumday?
Is there any recompense for us - being silly enough to allow ourselves to be persuaded while being so anxious. We are both 70 years old and very worried and confused.
Yours faithfully,
Brenda Lloyd (Mrs)
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones : Hello - my name is XXXXX XXXXX it will be my pleasure to assist you today.
leanne-jones : Does the agreement have a termination clause?
Customer:

Theagreement with Florida is in perpetuity.

Customer:

The agreement with Dyserth Falls is for 16years during which timewe can holiday at Dyserth.and the Agreement with Aroma can be terminated any time after 18 months.

Customer:

but we will not have had the full value-for- money unless we use their points system and pay maintenence fees.

Customer:

Through the Aroma deal, we had to pay the money by 25th May or legal action was threatened but we still have not completed the transfer with SUmday because Dyserth still have the Timeshare certificates.

Customer:

Sumday have asked for details of the Florida Purchase through which they can access the deeds but if we send them, will Dyserth falls than take legal action against us?

Customer:

Or do we have a case because they still have not honoured the August agreement or returned our certificates?

leanne-jones :

When you say you have not had the full value - why?

Customer:

Having paid an up-front fee of £4,000 which includes approximately £250.00 for the transfer of the Florida Timeshare and purchase of 3,000 AROMA points to use per year with maintenance fees of approx £250 per annum; if we leave after 18 months we will have paid at last £4,500 plus travel and self catering for two holidays.

leanne-jones :

Have you signed any transfer or contract to transfer with anyone?

Customer:

Yes, with Dyserth Falls last august but as far as w now understand from the megar paperwork we have, that was for the urchase of timeshare at Dyserth Falls. We have not signed anything with a resale agent -as far as we know.

leanne-jones :

Ok. And what is it you want to do Sunday, sign over your Wales or Florida one?

Customer:

The same situation exists with Aroma except that now we have received a request for the Florida certificates which Dyserth still has.

leanne-jones :

Oh I see. So you are meant to assign your cert back to both companies?

Customer:

SUMDAY say they will transfer the Florida Timeshare.

Customer:

It should only go to one.

Customer:

But when Dyserth Falls went into liquidation we assumed that the contract/deal had fallen through. so ,In good faith, thought we were free to go through another agent.

leanne-jones :

Yes I would agree. If they went into liquidation any deal you had would cease.

leanne-jones :

That means you could use another agent. The old company is gone, any contracts end

leanne-jones :

Does this answer your question?

Customer:

But, Having set up the second agreement, we were then told that the new owners, (from seraches with Companies house we think that the same people are buying, putting the resort into liquidation and then setting up a new company having duped ignorant folk like ourselves into parting with thousands of pounds.) wer going ahead with the deal and we are not able to retrieve our certificates or negate our ownership in Dyserth. We have inatvertantly made two agreements and seem legally bound to both!!

leanne-jones :

Ooops! Well the new second company unless you signed anything you can pull out

Customer:

They are so elusive that we can't get a coherant dialogue started. How do we go about d

Customer:

ending the Dyserth agreement?

leanne-jones :

If the second agreement made is with the dissolved company that is not binding.

leanne-jones :

Does this answer your question?

Customer:

Do we really need a lawyer acting for us in that case or will the Official receiver, with whom I have communicated with and supplied evidence of the agreement for fractional Ownership and transfer of existing Timeshare - need for the Office of Fair Trading- I believe.

leanne-jones :

I dont think you need a lawyer no.

leanne-jones :

But if they are trying to enforce an existing agreement then yes the OFT or Trading Standards may assist

Customer:

So, we need togo ahead with the second agreement and try to get our money back through the Official Receiver - though he says he has no record of the dealings with us - they went with the sale of Dyserth!!

leanne-jones :

I would not deal with the second co unless you have signed something

leanne-jones :

And if the OR does not have a record, I certainly would not!

leanne-jones :

Does that answer your question?

Customer:

Thank you. We will persue the problem with the OR and OFT.

leanne-jones :

Yes. I would suggest OFT

leanne-jones :

Unless I can help further if I could ask you to give my answer a great rating.

Customer:

Of course

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