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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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I bought a timeshare on the 30th april 1990 in malta, sunny

Customer Question

I bought a timeshare on the 30th april 1990 in malta, sunny coast resorts (Isle of man, main head office) I live in the uk (London) my contract was mis sold or mis-leading at the time and felt purely pressured into buying.
I have a spine condition called Scoliosis and high blood pressure which causes me to hard constant pain in me back, I'm 6ft 3 inch so as you can imagine its hard for me to walk a few meters without having to sit down for a rest.
I have been in contact with my timeshare a Mrs XXXXX XXXXX (Manager) at sunny coast resorts to surrender my policy, but was denied.
I have since stopped paying 2 months of maintenance as Mrs XXXXX XXXXX advised me to while her head office was considering my proposal.
Can you help?
Kind regards XXXXX XXXXX Newman
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

I want to surrender my timeshare?

My contract ends 2021.

As I can not walk very far I just want out, as I was told but other timeshare holders that at the time I bought in 1990 they would have mis sold.

Expert:  Jo C. replied 2 years ago.
Does your contract allow for surrender ?

Will they convert it into points?
Customer: replied 2 years ago.

I've look at the agreement and it doesn't state anything about surrendering it nor points. Mrs Taylor (sunny coast resort manager)only suggested to me if I could sell it to a family member or if I was over the age of 70 which I am not. I am 66

Expert:  Jo C. replied 2 years ago.
Well, there wouldn't be any sense in doing that anyway. That would just make somebody else liable.

You probably already know that timeshare is now a bad deal. The maintenance fees can spiral out of control at an alarming rate and they are hard to escape.

While many organisations offer a painless escape the truth is that there are really only three options and none of them are anything like painless unfortunately.

The first is to sell to another consumer. That can happen sometimes and if it does then thats wonderful. However, demand for timeshare is at an all time low. Its quite unlikely you will find another consumer as this is really just a debt. Its difficult even to give these weeks away. You might try something like an Ebay listing. Or you could try an honest resale broker. Do remember that from the 23 February 2011 though it is a criminal offence for a resale broker to take any money, for any purpose, from a seller until the sale has been completed.

The second is to hand the ownership back to the resort of the club. A small number of resorts will not offer their owners the right to terminate ownership at no cost or a small one. Commonly this is called an exit programme.

The third – and this seems the most popular – is simply to walk away and refuse to pay the annual fees. This is actually a surprisingly effective method although it is not painless. Generally the timeshare company will threaten to take defaulters to court. For the most part they do not. Sometimes when they do some owners have defended claims on the basis that there was a misrepresentation at the point of sale. Also it can be argued that the original contract is null and void as its outside of the jurisdiction. There is, however, a risk you would have to go to court over this.

Sorry this is probably not the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for the information that you have provided.


I will send all my documents back to sunny coast resorts malta and see what happens from there.


ps. I did receive a bailiff letter, but I did ring them and explain to them I was in touch with sunny coast and I was trying to resolve this matter. I haven't heard anything from the bailiff since.

Shall I just ignored any other letters now?

Please advise?

Expert:  Jo C. replied 2 years ago.
Do you know whether or not there is a CCJ against you?

Customer: replied 2 years ago.
Not that I know off.
Expert:  Jo C. replied 2 years ago.
Then there shouldn't be any contact from bailiffs.

They might well use debt collectors but they don't have any real powers beyond harassing you with telephone calls and letters.

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