Author Topic: Timeshare maintenance fee debt  (Read 6625 times)

Timeshare maintenance fee debt
« on: Aug 09, 2016, 03:16:23 PM »
hi hoping someone can help


I bought a timeshare in Scotland with my husband probably around 2004 in 2009 we split up. I phoned timeshare told them the position and that the house was being sold to repay debt.


I have never heard another thing from them till today my ex husband got a letter from a debt collection company looking for 7 years worth of maintenance fee around 3500.00


Any on advice on what to do

Lisa Thomas

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Re: Timeshare maintenance fee debt
« Reply #1 on: Aug 09, 2016, 05:01:37 PM »
Hi - what happened to the proceeds of the property sale?



[size=100%]Have you had any payment requests or correspondence relating this whatsoever in the past 7 years?[/size]


If not there may be a chance that if they have not attempted to recover the debt for 6 years it is statute barred.  However that depends on how old it is.  i.e if some of it is recent then that argument will not wash.


Unfortunately it may well be that you need to deal with payment/negotiatio unless you have already been through an insolvency procedure within the last 7 years (eg Bankruptcy). 


If you are not in a position to pay it and are insolvent then you may need to take some insolvency advice. 


I'd be happy to chat.
www.Nevilleco.co.uk 01752 786800

Re: Timeshare maintenance fee debt
« Reply #2 on: Aug 09, 2016, 05:16:37 PM »
Hi


The proceeds paid debts off credit cards loans etc


No letters at all from them


They are adding on 500 pound per year in maintenance charges


How do we agree to pay what as my ex husband has different financial circumstances to me


Lisa


Lisa Thomas

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Re: Timeshare maintenance fee debt
« Reply #3 on: Aug 10, 2016, 09:05:01 AM »
I suspect you are both jointly and severally liable for the debt, which means the creditor can pursue one or you or both of you as they wish until the debt is paid.


It's not as simple as dividing it 50:50 I'm afraid but if you can reach an agreement with your ex husband about paying 50% each (and stick to it) that would be fair.


Of course that might not be possible, which means you need to be prepared to pay the whole sum yourself.


It might be worth taking legal advice to see if you can get out of the Timeshare Contract to avoid future liabilities.  You will still need to deal with the existing debt one way or another I'm afraid.
www.Nevilleco.co.uk 01752 786800