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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We have a time share in mexico which has very high costs and

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We have a time share in mexico which has very high costs and we cant get there. We no longer want it and have not paid the service charge this year. We no longer want the timeshare . We assumed it would be repossessed but have been told ( not by the company who have so far said nothing) that we cannot give it up and have to keep paying- risking being summoned to a Mexican court if we don't. The person who has alarmed us said that the companies wait about 5 years and then swoop (we are supposed to pay alternate years).
Would you be able to say if this is at all likely
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you have a written contract which says what will happen in the event you do not pay the charge?
Customer: replied 1 year ago.
The paperwork does not say anything except "the compamy may specific perfprmance of my agreement, assign my account for collection and report my payment history to credit agencies"
Expert:  Jenny replied 1 year ago.
Does the contract say which laws govern it?
Customer: replied 1 year ago.
yes Mexican
Customer: replied 1 year ago.
it also says further down that the company can terminate the agreement if we default- which is what we thought and were willing to accept.
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** that it is likely that this contract could come back to haunt you. You are in breach of contract for failing to pay the fees and I am afraid to say that they will most likely try to sue you to recover the loss. The fact that it says that the company can terminate the agreement does not create any legal obligation upon them to do so unfortunately. If the contract does allow you to terminate the agreement then I would suggest you follow that process to avoid the risk of this becoming an issue in the future. If it does not then you should seek specialist advice from TATOC who are a timeshare specific consumer protection organisation. Beware of companies who want to charge a fee to sell on your timeshare. This is their website http://www.tatoc.co.uk/consumer-help/consumer-guidesIn a nutshell therefore I would not assume you can do nothing and not be pursued. This is highly unlikely. Is there anything else you would like to know?
Expert:  Jenny replied 1 year ago.
Hello Susan, do you have any further queries about this? If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise paid for working on this question. Thank you and all the best.
Customer: replied 1 year ago.
So would Mexican law be valid in the uk? could they literally compel us to go to mexico- how does it work- there is no option for us to terminate until 25 years. we are on year 13 currently
Expert:  Jenny replied 1 year ago.
unfortunately there are treaties in place between the UK an Mexico which would allow judgement and enforcement to take place in the UK.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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