Timeshare problems

rae25_2

Not sure if this is the correct place to post but I'm looking for some much needed advice. My parents foolishly bought a timeshare back in the the late eighties in Florida and used it regularly until 1996 when they divorced. The Timeshare didn't seem to be allocated to my father legally but they had a vebal agreement that he would take it on for his own benefit. For a few years he kept up with payments and exchanged weeks etc but he hasn't paid in years and just ignored the problem.

My mum still lives in the marital home and has been receiving correspondence from westgate resorts, she contacted a solicitor who was supposed to sort it out but still the mail has continued through the door, the citizens advice bureau aren't much help either. Does anyone have any experience of these matters or telephone numbers where she could seek advice. The letters are getting nastier every time (probably one or two a year) and she's becomming more worried. The real question is, Is she liable for the money my father hasn't paid or is it him as he used the facility after the divorce. Please help, this is a constant worry and my mum will not be able to get legal aid but at the same time cannot afford a solicitor again after the first one failed to get anywhwere.

headpin

I think you'll find that if it was not mentioned in the Consent Order when they divorced and assuming they both signed up originally then they probably both reamin jointly and severally liable for any contractual obligations outstanding. This would include the annual maintenance payments that time share resorts get rich from.

If they signed originally in the US and the Contract was silent then it may not be enforceable in the UK, But knowing how well Time Share Operators stitch people up I would think that's unlikley.

Your mum needs to get to see a solicitor ASAP as the longer she leaves it the more the costs she may be liable for keep escalating. One thing she will need to get sound legal advice will be a copy of the original agreement they signed in the 1980's.

Have you spoken to your dad about this? He may have some more up to date information.