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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I used to own a timeshare in Tenerife . A few years ago I tried

Customer Question

I used to own a timeshare in Tenerife . A few years ago I tried to sell as mum is to frail to go now . I could not sell it and ended up handing it back . I received no offer of any money yet they would have resold my unit . Have I any chance of claiming anything the same way as ppi ?
Submitted: 7 months ago.
Category: UK Law
Expert:  Stuart J replied 7 months ago.
Good afternoon. Thank you for the question. It is my pleasure to assist you with this today. If you attempted to sell it and could not sell it, why did you not hang onto it? Was it because it was still being charged service charge et cetera.When you handed it back, did you sign anything to say that you were in effect giving it away?Were you being chased by a company for service charge?Was this dealt with by any kind of agency here in the UK?Was the timeshare management company UK-based if so, can we have a name please?As much background as possible is really useful please. Thank you
Expert:  Stuart J replied 7 months ago.
Good morning. This thread is still open. Can I assist you any further with it?When you get a moment, please do not forget to use the rating service. It doesn’t cost you anythingextra and it’s really important otherwisethe expert doesn’t get credit. Thank you.Kind regards
Customer: replied 7 months ago.
Hi. No I was not asked to sign anything . They said I would have to continue paying maintenance fees as it was sold in perpetuaty. I eventually managed to just hand it back but no doubt they have resold the unit . Have I any come back in tens of claiming any money such as in the PPI system ? The timeshare was through Grand Holidays at Flamingo club Tenerife .
Expert:  Stuart J replied 7 months ago.
The situation hereis very similar to someone who is in arrears with their mortgage and simplyhands the key back. It doesn’t get them off the hook for the balance of thedebt and the lender can still pursue them if the property gets sold at ashortfall and doesn’t raise enough money to repay the mortgage. There is apossibility that the property has been sold although why anybody would want tobuy a timeshare with all the bad press they have had, I have no idea) but anyprofit that they make, they will say has been gobbled up in administrationcharges and arrears. You also face the problem that they may counterclaim forthe service charges that were outstanding at the time and ongoing. The only wayof guaranteeing that this wouldn’t happen would have been for you to sell theproperty rather than to allow someone else to simply take it back and disposewith it as they thought fit. There is anotherproblem here and that is that any litigation would have to be brought inTenerife which is not going to be particularly practical for you.This kind of issuewith timeshares is extremely common and there are many companies that purportto bring mis-selling type claims against the timeshare company both in respectof the initial sale and the hand back. However, they are very badly reported inthe press and not only that, many of them want a large chunk of money upfrontand there are far more cases of people complaining about them dealing with themis-selling than there seem to be about the mis-selling in the first place! By all meansinvestigate this but I wouldn’t hold your hopes up and I would be parting withany money.I’m sorry, Iappreciate it’s not the answer you wanted but nonetheless, does it answer thequestion? When you get a moment, please do not forgetto use the rating service. It doesn’t cost you anythingextra and it’s reallyimportant otherwisethe expert doesn’t get credit. Thank you.Kind regards
Customer: replied 7 months ago.
As far as the maintenance and the apt is concerned . I am not being Perseud for any outstanding money or anything .
Expert:  Stuart J replied 7 months ago.
I appreciate that they’re not chasing you, but do you want to risk waking the sleeping giant?There is actually the possibility that they have sold the property and they are just sitting there waiting to chase you for all those arrears.