Advice needed...LONG

Discussion in 'Credit Talk' started by Shantel, Jun 5, 2001.

  1. Shantel

    Shantel Well-Known Member

    Boy, I'm full of questions/statements today!

    This is legitimate, so anyone who can offer assistance, I would appreciate it.

    In 1997, I purchased a timeshare in Orlando. I was on the every other year plan. In 98, I upgraded to every year. Later in 98, I fell behind in payments. In 99, I started paying again, trying to catch up. I was doing well...and it was never reported to any CRA. Then, in the mist of my last 2 payments, I get a letter stating that since I was seriously delinquent that they were rending my contract of no further force or effect and said they would take any money I sent them and keep it was damages. I had 30 days to respond. They sent this letter to my mother's home and I didn't get it for 2 months so the 30 days had definately passed.

    In Oct 99, they are calling me asking for payment. I have the letter, I fax a copy, tell them what they said. Well of course, the person who wrote the letter can't be found. It's on their letterhead. So someone decides they are going to do whatever they can to find out what's going on.

    In Feb 2000, I get a letter saying they want me to give the timeshare back. I again, phone them, faxing copies of the letter, telling them that I don't have it. According to their computer, they say, I do. So they're like, "Listen, just sign the papers and it'll be over". I'm pondering this, but it's getting close to the deadline, so I do. And what do you know? It shows up on my CRAs.

    Last month, I go to the mailbox, and I have a MAINTENANCE bill for $2000 for this timeshare I haven't seen since I bought it. I'm like WHAT??? Okay, I'm HOT now!

    So my question is two things: How can I use this letter as leverage to have the notation on my credit report removed? It did at least show that I defaulted in 98 so it wasn't "super" recent. It hadn't showed up all that time and then when I give it back (even though technically, it wasn't mine to give back since they nullafied my contract). I also know that it's accurate so anyone with any smart comments about that, don't waste your time. I'm looking for construtive suggestions not destructive comments.

    My second question is: How do I proceed with this letter for the maintenance? I never EVER received a maintenance bill from them...EVER! So how could I have paid? They wouldn't send the maintenance bill because if I paid it, I would be able to use it and they didn't want me to use it since I was behind payments. The letter isn't from a collection agency, it's still with the original creditor. Should I send a letter to them asking for a bill detailing exactly what I owe and when I was asseted the charges and fight it as inaccurate? I'm treading on unknown territory here.

    I tell you, by the time I'm done, I'll have touched on dang near every possible financial setback (except BK, judgements and liens).
  2. judyputy

    judyputy Well-Known Member

    You said in Feb 2000 they requested you sign it back to them and you did, right?

    The way ours works is this. If you default on the maint. fees, you can't use it. It will evntually be foreclosed on for non-payment of maint. fees and resold. ( That's how I bought 2 others from the timeshare people at rock bottom prices.)

    So why would you be responsible for the maint. fee if you signed it back? Does it have dates for this fee? What period it covers?
  3. Shantel

    Shantel Well-Known Member


    it didn't say what period it covered. It just said "From 2000" and I know I haven't owned it since early 2000...(according to sign back thing, but since mid 99 according to their retraction of contract).

    I don't want to get stuck so I'm just trying to load up on ammunition. :)

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