How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

In 2010 we attended a seminar re: disposing of timeshare commitments

Resolved Question:

In 2010 we attended a seminar re: disposing of timeshare commitments held by Regal Consultants, they promised that they would 'relinquish us from all liabilities and maintenance charges both past and present and future relating to your timeshare ownership as an incentive and subject to you completing the proposed investment with Harlequinn Properties' .We were very naive and XXXXX XXXXX was very convincing in persuading us that this was a very good investment and that it would cost us nothing as Harlequinn would make all the repayments to any loan we took out to finance the deposit for a property abroad (two rivers) that Harlequinn were developing, We took out a interest only mortgage for £55.000 on the advice of XXXXX XXXXX and Sonia Owen.Harlequinn did indeed pay the first three years payments but have since stopped due to financial difficulties and the property in question has not even been started......We have also been getting demands from the Timeshare for the backlog of maintenance payments. The mortgage is due to be paid in 2015 and we have no means of paying this as we were told that we would have money from the investment, can you advice me what we can do, my husband retires in June and we are very worried that we will become homeless please help.
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 say anything about termination please?

Customer:

I, m not sure we have lots of paperwork both from Harlequinn Properties and Regal

Alex Watts :

Ok - you need to check.

Alex Watts :

But in my experience it is bad news

Alex Watts :

This is because generally the paperwork does not guarantee they will dispose of the timeshare for you.

Alex Watts :

There are a lot of people who have timeshare with Regal and are unable to dispose of them

Alex Watts :

But the paperwork must say they guarantee and not just that they will 'try'

Alex Watts :

Timeshare payments are due until you are released.

Alex Watts :

Until you are released you are liable and generally are liable for life.

Alex Watts :

This scheme to acquire them is not covered by Timeshare Regulations so there is no cooling off period

Alex Watts :

The fact fact of the matter is that you are liable for all the fees until you either get out of the contract (which is very unlikely) or you die

Alex Watts :

These are contracts for life

Alex Watts :

I am sorry as I know this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

We are asked similar questions on this site by people in the same position and I am sorry to say the answer is the same

Alex Watts :

You are liable sadly for life

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They do not use the word guarantee just that they will do as said in my previous e-mail...what about the property with Harlequinn, they have taken a £55.000 deposit from us for a property that has not been built

Alex Watts :

Potentially you have a claim for that, but you would need to issue proceedings in that case.

Alex Watts :

You may not get legal aid and have to pay for a Solicitor, but if you do win, you could claim your costs back.

Alex Watts :

You would of course need to check the agreement and see where the disputes are to be resolved, it may be in the country of origin, or here in the UK

Alex Watts :

On that basis you could potentially sue for breach of contract.

Alex Watts :

That way you could get your money back from that, if there is no property and it has not been started.

Alex Watts :

Can I clarify anything?

Customer:

so is your advice to go to a solicitor then....we have very little money and would struggle to pay

Alex Watts :

Yes I understand. You may be entitled to legal aid but there were cuts last year.

Alex Watts :

Can I help with anything else, or is there anything else you want to know?

Customer:

should we go for 'no win no fee

Alex Watts :

You can try but Solicitors are not always keen on these.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash and other Law Specialists are ready to help you