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David Stewart
David Stewart, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 184
Experience:  Highly experienced Consumer Protection attorney
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I am one of the unfortunate people who purchased a timeshare

Customer Question

I am one of the unfortunate people who purchased a timeshare from Silverleaf resorts. A couple of years ago, I kept receiving phone calls from them every month for several days regarding my payment which I was making through Bank of America bill pay. I verified with B of A that the payments were being delivered to the address I was provided on the date they were to be delivered. I told Silverleaf that I felt like they were harassing me because every month, I made the payment yet would be continuously called for several days after the payment was delivered. They told me that I needed to separate the payments (1 for mortgage and 1 for maintenance) and that would help. They further switched my due date so that I would stop getting the phone calls. That worked for a little while. About two months ago, the calls started happening again. I was informed that Silverleaf was purchased and that under the new ownership, all payments reverted back to their original due dates and that I was accruing late fees. Each month, they start calling and each month I tell them that the payment is being delivered on or the Friday before the 15th if it falls on a weekend. I was told that wasn't the case because they check the PO Box twice each day--which is ridiculous because mail is only delivered once per day. However, the call I received today was the most interesting as of late. I was told that they applied both payments that were received to the maintenance account, resulting in a credit, while the mortgage was still past due. She said she was correcting it. Even more interesting is even after applying the payment to the mortgage, she said my maintenance has gone up, and I still have a credit on that account but I don't owe anything on the mortgage. This doesn't make sense to me as I've been making the same two payments every month for a couple of years. I requested a copy of my payment history so I can see where my money is going. I still feel harassed every month when they call--weekends are no exceptions. I really want to know if there is any recourse. I just want out and I want the calls to stop. Something doesn't seem right about their payment application process. Also, I was informed that they changed the account numbers and the two payments should be going to two totally different PO boxes in two totally different cities. None of the information is the same including the account number. Is there anything I can do to get out of this?
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  David Stewart replied 3 months ago.

Shanna - my name is ***** ***** I am going to work to help you with your concerns. I am researching a couple of items and will get back to you within 15 minutes. In the meantime, do you still have a copy of the contract for the timeshare. Please do not send it on this public forum if you have it, but take a look and see what it says about cancelations. Thanks, David

Expert:  David Stewart replied 3 months ago.

Shanna - do you know if it is the company you have the timeshare agreement with that keeps harrassing you or is it a third party collection type agency?

Expert:  David Stewart replied 3 months ago.

A couple of things for you to look into are as follows:

1. If this is a third party collection firm/agency they are likely in violation of the Fair Dept Collection Practices Act. What you should do is next time they call ask them their company name, who the person is that is calling you, where are they located, and if possible get an address. If they don't give an address google the number on your caller ID so you can determine the true identity of the company and if the person on the phone is lying to you. If this is third party and not the company you have a contract with send the company that keeps calling you a letter telling them to stop calling immediately and that you dispute any and all charges to your account. Also, send a copy of the letter to the entity you have the time share agreement with so they are aware of your concerns.

2. Keep a log of every call they make to you with time, date, and contents of the discussion. If you pick up the call make sure to tell them you fully dispute any charges they claim you owe and request they send you a detalied explanation in writing of what they claim you owe and to not call you again but to correspond with you in writing only.

3. If this does not stop within a couple of weeks, I suggest you call a consumer protection attorney and provide your notes and information you have gathered about the harrassement. A good consumer protection attorney you might consider consulting is here: http://www.nunislaw.com/

4. Also, you should contact the attorney general consumer protection division in Texas. The contact information for that specific division is here: https://texasattorneygeneral.gov/cpd/consumer-protection.

What is going on with you is absolutely not okay under any circumstances and I believe can be addressed fairly quickly by following the steps above to protect you from further harrassment, and hopefully get you out of the contract if possible.

With all of the above stated, I am also going to offer you the abiliity to send me privately the contract you have so I can review and give you specific feedback on how you might be able to get out of the agreement altogether if you belive that would be of help to you.

Please feel free to follow up with any questions. I want to help you address this as soon as possible. All the best, David

Expert:  David Stewart replied 3 months ago.

One more thing I forgot to mention above, is that it will be very tempting to simply stop payment and block their calls (if possible) and in doing so they will put that on your credit eventhough they appear to be in the wrong. The best way to handle the is to follow the steps described and get yourself out of the agreement legally, or at the very least get the harrassing phone calls to stop. Thanks, David

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