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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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JA: . How can we be of help? Customer: I was contacted by

Customer Question

Hi,
JA: Hi. How can we be of help?
Customer: I was contacted by ITRA member about my Westgate timeshare and they asked me to pay up front to get my timeshare offloaded. Is this the way of doing business or it is another scam?
JA: We do not provide free answers, but the Experts charge a fraction of their Face-to-Face category: medical specialty: mental health price on JustAnswer. You have to make the payment yourself. The Property Lawyer will need to help you with this. Have you consulted a lawyer yet?
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JA: Please give me a bit more information, so we can help you best.
Customer: I own Westgate timeshare and is getting difficult to pay management fee. Is there are a way to relinquish my ownership?
JA: Is there anything else important you think the Property Lawyer should know?
Customer: Where I can get the honest answer to my question: is it possible to stop paying them management fee and give them timeshare back?
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Submitted: 6 months ago.
Category: UK Property Law
Expert:  Stuart J replied 6 months ago.
Thank you for the question. It is my pleasure to assist you with this today. I cannot guarantee that ITRA have not done some good jobs for some people although the weight of evidence on the Internet seems to point in a different direction as you will read here. http://www.mirror.co.uk/news/uk-news/andrew-penman-investigates-international-timeshare-2284467 http://timeshareelimination.blogspot.co.uk/2013/06/international-timeshare-refund-action.html Unfortunately, whenever there has been any kind of scam, other organisations will come out of the woodwork to “recover your money from the scam” although they invariably want their own fee. You need to make your own mind up but based upon what I have read, I wouldn’t be parting with any money. If you want to take the risk, pay any fee by Credit Card so then, if you don’t get the service, you can file a Data Protection Act section 75 claim.My personal view is that I wouldn’t pay anything by card or in any way at all. As I said, that’s my personal view based upon my reading and not based upon personal experience. Does that answer the question?Can I answer any specific points arising from this? Please don’t forget to use the rating service to rate my answer service positively otherwise I get no credit for my time.It does not cost you anything but it helped me greatly.You may think thread closes after rating, but it does not, it remains open and if you want to ask for clarification of anything, we are still able to exchange emails. Kind regards.
Expert:  Stuart J replied 6 months ago.
Thank you it will help if I explained the process. Firstly, the landlord gives notice and if the tenant still doesn’t move out, the landlord makes an application to court for an order for possession. That is a court order for the tenant to move out. If the tenant does still not move out, the landlord then makes a further court application for a warrant for possession which is a court order to instruct bailiffs to come to the property and physically throw the tenant out. You say that the biased judges grant orders to landlords on demand. I’m afraid that isn’t my experience because my experience is that the courts will bend over backwards to help tenants. You say that the window rent arrears but there are delays in payments. Persistent late payment of rent is a ground for granting possession. With regards ***** ***** appeal, the tenant can only appeal if he can prove that the judge has made an error of law or an error of fact. They are the only grounds and the appeal must be brought within 21 days of the judgement. The tenant cannot bring an appeal because the judge preferred the landlord’s version of events to the tenant’s version of events unless there is some proof that the landlord lied.I accept what you say that the landlord lied but there needs to be some proof of that which was presented to the court. As there have clearly been issues with this landlord before, and possession proceedings have been thwarted in the past, and as the landlord clearly wants the tenant out, even if the tenant manages to stay in the property, it will only be a matter of time before the landlord makes another application and eventually, the tenant will run out of grounds for appeal. I’m sorry, I wish I could give you a better answer but based upon what you’ve told me, I don’t think there is a lot in favour of the tenant at this late stage. If it had not already gone to a possession order, there would be a chance of opposing that order and not getting the warrant for possession but as the order has been granted, you don’t tell me anything which would support your assertion that the landlord had lied. I accept that he did because I must believe you but unfortunately, you have to convince the court of that and it appears that didn’t happen. Does that answer the question?Can I answer any specific points arising from this? Please don’t forget to use the rating service to rate my answer service positively otherwise I get no credit for my time.It does not cost you anything but it helped me greatly.You may think thread closes after rating, but it does not, it remains open and if you want to ask for clarification of anything, we are still able to exchange emails. Kind regards.

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