Recovery of Timeshare maintenance fees

[mikehibberd]

I have recently managed to get rid of some historical debt as it became statute barred and thought I had gotten rid of old debt.

However, I have received a letter from a firm of Solicitors chasing the recovery of fees for a timeshare we bought in 2010 privately from the previous owner.

We have visited it once and paid fees once in 2011.

I have not communicated with them or paid anything since 2011

 

As far as I am aware, I haven't received any communication from the Timeshare company or the representatives for probably 5 or 6 years.

The total debt is £3670. 

 

Is this type of debt subject to the same rules as any other debt,

i.e. a default has to be issued 3 months after last payment becomes overdue

can it be statute barred or am I going to have to pay it as it is timeshare rather than a traditional debt.

 

I still have the timeshare but am now actively looking to get rid of it.

 

Thank you. 

[dx100uk]

who are the solicitors clients?

is this uk based?

 

you need to be wary as timeshares are a notoriously open to sc@mming too.

 

dx

 

[Ethel Street]

Sorry, can't help with your specific question, but just wondering how this affect your ability to sell the timeshare? 

 

I'd have thought that any potential buyer of the timeshare would be told by the timeshare operator that there £3,000 + owing and refuse to permit transfer to the new owner until you pay it. Bear in mind that if a debt is SB it doesn't extinguish the debt. You still owe the money, just that creditor can't recover it through the courts. So the timeshare operator could still require you to pay the debt as a condition of approving any sale. (Assuming English Law applies)

Edited December 5, 2019 by Ethel Street

[mikehibberd]

i recognise the Solicitors (based in Scotland) and they have enclosed a statement of account which looks accurate. The Timeshare is in the UK. I'm happy enough that it is genuine.

 

Once I sort out the debt, then I'll hand it back if I can or get rid of it for free. Only cost me less than £100 in the first place. 

[Ethel Street]

 

Wow! Must be the cheapest timeshare in the world  

[mikehibberd]

At the time people who had already bought them at full cost were giving them away almost on Ebay as they probably ended up not using it, just like I did. I'll be happy to give it away for free.

[ericsbrother]

you cant give it away and worse still, when you die your heirs cant get probate until the debt is extinguished and it never will be becasue the timeshare is endless.

your only hope is to show that there is no enforceable contract. The owner/seller misrepresenting it to you is best bet for that.