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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a time share converted into points with Diamond resorts

Resolved Question:

I have a time share converted into points with Diamond resorts and I have been trying to get rid of it.. Been daft enough to have paid out money to people who said they would help to sell it.. Is there any legal way I can just stop paying it please . Don't care about losing the time share
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

I am afraid that the news will not necessarily be good. Disposing of a timeshare or holiday club membership is an extremely difficult process these days, mainly because supply is much greater than demand. The timeshare industry had a huge boom some years ago and everyone was keen on getting involved, only to discover years later that they had signed up to something they rarely used or that they could no longer keep up with the fees.


 


As timeshare agreements rarely allow for an easy termination, the following are the only realistic options for trying to dispose of a timeshare:


 


1. Sell to another consumer – this is rather difficult, because as mentioned supply is much greater than demand. I should also mention that there are many scams offering to dispose of a share and you must be very careful not to get involved with anyone that asks you for any fees in advance, whatever reasons they use.


 


2. Return the ownership to the resort - some resorts offer an exit programme for their members, subject to certain conditions, fees, etc. However, as this varies from one resort to another, you need to check with your own resort to see if this is an option.


 


3. Walk away from the membership – simply stopping payments and ignoring any further requests for payment. However, this is somewhat risky because some resorts have taken non-paying members to court. Still, not every resort does that so it is worth doing further research to see if yours is a resort that has taken legal action in the past.


 


4. Claiming misrepresentation or breach of contract - this could make the original contract unenforceable and it could be cancelled now without further liability. For example, if you were promised certain things that have not materialised or the resort has acted in breach of the terms of the agreement you could try and cancel the contract by arguing it is now void due to this. However, that will not always succeed, especially if the alleged breach is not serious enough and you are relying on trivial reasons.


 


So as you can see there are only a handful of options open to you. There are thousands of other people just like you and unless they find a breakthrough, the majority just continue with their memberships and write this off as a bad decision. I wish I could give you a guaranteed way of exiting, however I m afraid that simply does not exist and this is evidenced by the large number of other 'victims' of the timeshare industry who are struggling in the same position as you.

Customer:

I already know this info and have been down the road of doing all that you say .. I wanted to know if there was a legal way out ..

Ben Jones :

No, the above are your only options I'm afraid

Ben Jones :

the legal way is the misrepresentation or breach of contract

Ben Jones :

but if that does not apply there is no other legal way

Customer:

no I have been there as well but there wasn't a breach ..

Ben Jones :

then unfortunately you have to decide which option of the remaining is best for you and try that, subject to the obvious risks

Customer:

ok sorry you weren't able to help me bye lorna Tobin

Ben Jones :

well if something does not exist unfortunately there is little I can do to assist, sorry

Ben Jones :

I can only work within the law that is available

Customer:

ok So what rating do I give you ?. I would like to give ok service but I haven't really had any help .. Do I still have to pay the 33 .00?

Ben Jones :

that is up to you of course, the rating is just for the service, like speed of response, not contents of the answer as often we have to bring bad news out of our control. I have given you all available options to your case and I am sorry it is not of assistance but as mentioned I can only tell you your actual legal position and sometimes there will be nothing that can be done further

Customer:

Ok bye Lorna Tobin

Ben Jones :

all the best

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