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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Several years ago my wife and I were deceived into buying a

Resolved Question:

Several years ago my wife and I were deceived into buying a time share apartment in Portugal. Now we are too old and have health problems which prevents us from using it. The company are trying to insist that we continue paying maintenance fees and have employed a solicitor/debt collecting company to enforce payment. These fees are escalating each year and interest is being added. What is our position in law? What can we do?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Does the contract have a termination clause or is it for life please?
Customer:

It is for life, perpetuity.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

You are not the first person and will not be the last person to ask about these scheme here.

Alex Watts :

But the sad fact is that under Timeshare Regulations you had a limited time to cancel the contract.

Alex Watts :

As you did not and it has been several years then sadly you are liable for the fees each year and every year for life.

Alex Watts :

You could potentially sue for breach of contract and you have 6 years from the date of breach to do this - but given the value I and what is contained within the contract you may have to sue in Portugal -

Alex Watts :

Indeed an hurdle you face is that you have waited 'years' you may have difficulty explaining why you waited so long.

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

We are asked lots on here about these schemes and sadly the answer is the same.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you

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