Timeshare points Sunterra cancelled but still owing finance agreement

Stephensize1

Hi.
My parents took out some Sunterra points in 2005 which they cancelled that year. They had a finance agreement that is now imposed on their property as a charge.
These points were mis sold but the finance agreement stands.
What can be done in this instance?
I believe the Financial Ombudsman is our only hope but how could this be resolved.
Any thoughts?

[Deleted User]

What was the result of your mis-selling complaint being upheld?  That should have specified how the finance would be handled.

Stephensize1

Hi,
We haven't complained yet but as we no longer have points with Diamond resorts, who bought Sunterra, I am under the impression we can't go for them. The debt was sold onto Link finance and as no payments were made the interest was stacking up and they put a charge on our property through the courts. We were unaware of the court case as where in the process of moving.

[Deleted User]

In that case, the debt remains in force - especially as they have a CCJ. 

You'll need to have your mis-selling complaint upheld for it to be judged as mis-sold, or for the agreement to otherwise be agreed to be terminated.

You'll also need to go for a set aside for the CCJ once you've established that. 

Stephensize1

Ok thank you. so we can claim the points were mis sold to the original company first. Even though the points are long gone?

[Deleted User]

You'll find that any complaint is highly likely to be time barred under the 6 and 3 year rules (6 years from taking out the account, 3 years from when you knew, or could reasonably have known, you had reason to complain).

sourcrates

FOS will not always look at a complaint if there is a CCJ. But they usually will if they think you have reasons to complain that were not considered by the court.

Many CCJ’s are given as default judgments – you never put in a defence, so the lender was just awarded the decision without the court considering the case at all.

If this all happened in 2005, when did you submit your original complaint, as you only have a period of 6 months to refer your complaint to the FOS. ?

Stephensize1

Many thanks for all your replies. Yes the CCJ was given in default, so I wonder if this needs to go back to court? From my knowledge no complaint was ever lodged, just ignored.

sourcrates

Can i just ask how long ago all this took place ?
Its important as it may be that a set aside application may be the way forward here, however, you must meet certain criteria in order to be successful.

You must have good reason why you did not respond to the original court papers, 
You must have a defence with a reasonable chance of success,
You must apply for a set aside promptly.

The fact the debt has been sold complicates matters further, you may be best getting a legal opinion from the Legal Beagles website before moving ahead with this.

Stephensize1

Hi. This was in March 2005. I know my parents had just moved house and were in the process of caring for their ill parents. I will look into the legal way forward. Many thanks