USA Timeshare - UK Citizen

baw441

Hello All,

I am seeking some advice regarding a timeshare we stupidly bought into whilst on holiday in California in October. On the day, we were sold this amazing package, but since returning to the UK this amazing package has fallen apart - and simply isn't what was sold to us.

I wont bore you with the details of why the package is different, but the package is significantly different to what we signed up to - and simply isn't what we want and doesn't work for us. We have tried to express all of our issues to the Timeshare company, even having it escalated up to Director level, but they seem to be reluctant to admit any wrongdoing and are completely unwilling to help us out.

The timeshare is a points based system with our names on a title deed in California. We have paid our first two month mortgage payments on the deed, but we are now at a point that we want to walk away.

We are debating what options we have and whether there is any risk to us being UK citizens, and stopping payments to a US based Timeshare/Mortgaged Deed?

The major questions we have;

1) Will defaulting on a mortgage affect our finances in the UK?
2) Could a US Debt company chase us in the UK and could they force us to pay by UK law?
2) Will defaulting on a mortgage affect our ESTA/VISA allowance to visiting the US in future?

When we signed up to the Timeshare, the company ONLY took our names and addresses and one credit card from us. They did not take any passport details.

If we stopped the payments being taken from the Credit Card, would this affect our credit rating in the UK?

Has anyone else been in this situation or have any ideas what we can do?

Many Thanks for any advice!

richardw

Please seek legal advice from a qualified person and do it quickly.

agrinnall

You might want to make contact with the local Better Business Bureau to see if they can offer any advice (or perhaps have knowledge of the timeshare company's dodgy practices).


https://www.bbb.org/bbb-directory/us/ca

Alan_Bowen

I worrying think the answer to your three questions is almost certainly 'yes' and you must do all you can to avoid a default judgement being entered against you in the US.

You need to take advice from a specialist travel attorney in the US, it may cost a considerable amount of money, but presumably a lot less than a mortgage! I assume the contract says it is subject to Californian law (read it and check...) in which case try the law office of Alexander Anolik who is based in Northern California and knows this area of law well. The email address is Anoliklawgroup@travellaw.com but you need to appreciate the advice may be that the contract is watertight and it may be costly to get out of. US law is generally based on the idea that 'buyer beware' and misrepresentation, which appears to be the reason you want to escape the contract is not as firmly entrenched as it is here.

Having said that, California is certainly one of the better states legally wise, hence the need to check the jurisdiction in the contract. You should also check to see if there is a clause which says you entered the contract of your own free will and did not rely on any oral or written statements made prior to the contract. Best of luck!