Thank you, Alex, for your prompt and informative reply. This sent us back to the original agreement and the paperwork we received when we bought the timeshare. The "Management Agreement" is the last section of the Members' Handbook.
The final two sections of this read as follows:
"The Founder Members and the Management Company irrevocably:
"(i) submit to the exclusive jurisdiction of the Courts of the Isle of Man; and
"(ii) consent to service of process by mail or any other manner permitted by the Laws in force in the Isle of Man.
"This agreement shall be governed and construed in accordance with the Laws of the Isle of Man."
Because of what we consider to be unreasonable treatment by the resort and also fearful that the agreement commits us and our heirs to the agreement until, I think, 2068 (I'll be 124 years old and my wife 120), we have tried to sell the timeshare with no success and no prospect of success. For the past two years we have withheld payment of the management fees and now owe, the debt collection company tells us, something over £1200.
I can't see us being extradited to the Isle of Man (yes you can smile here), so any action would be in the English Court. Is it possible that they could succeed?
They have made an offer to release us from the ownership if we pay the full amount owing, but I am very unwilling to pay them anything. If we did decide to pay, it would be solely for my wife's peace of mind. For myself, I would be more than willing to attend the Court hearing with the aim of naming them vexatious litigants and claiming expenses from them. What do you advise?
Thanks again Alex.
Just one last point, please. So far, any legal action taken against non-payers has been attempted in the English courts. We have read of three cases which have been thrown out for reasons of jurisdiction, but also hints that any such rejection could depend on the judge.
Does this change your advice in any way?
We look forward to your answer with great interest.