Just when we think we have heard all the scams, another one of the scammers comes along, this time in the guise of persuading former timeshare owners that despite them exiting their ownership, this is only “suspended” and so the past owner is still liable for all the accumulated missed maintenance fees.
Now we know that many timeshare resorts or management groups don’t send out letters confirming an exit and this is what the scammers pray on. Despite this in some cases our enquirers have received letters or emails from the resort confirming their exit, but the scammers say this isn’t worth the paper it’s written on, really?
So how does this scam pan out, below we will take a look.
The not out you’re in scam
Needless to say it all starts with a cold call, and you know what we think of cold calls. From our research it appears that data relating to past owners has found its way into the scammers hands so they know exactly how to pitch their lies. They seem to know precisely what you owned and the fact that you have exited but of course, according to them, you still own and haven’t exited.
One of the most powerful human emotions is fear and boy will the scammers work that one to the bone. They will scare the life out of you by confirming that at any time the resort can contact you and demand all those years of back maintenance plus interest and late payment fees, so what can be done? Simple, for a fee they can legally terminate your contract. So they can terminate a contract that is already terminated, great stuff. Once paid, they will leave it a few weeks then you will receive a letter from them confirming your legal exit, if you are lucky, despite the fact that you were out all along!
What can I do?
Firstly we need to clarify the position regards ownership and exit. In some cases, especially where the annual maintenance fee is of low value, resorts or their management companies may not contact you for several years, so naturally you think you are out of your ownership, but you may not be. Taking legal action to recover the debt is not worth it for a few hundred pounds, however after 5 years or so it may be worth taking action. Although very rare, we have come across a small number of such cases.
Normally if 5 years or more has elapsed and you haven’t heard from the resort or management company then it is almost certain that your contract has been cancelled. Remember, for the most part it is unlikely that the resort will inform you of their action so you actually can’t prove that you no longer own, the scammers will play on this fact.
Quite simply, the best course of action is to contact the resort or their management company to ascertain your status, as we have already stated, if a considerable time has elapsed then they will probably confirm that your contract has been cancelled. If this is the case then ask them for written confirmation for your records.
Naturally you may have concerns that by making contact you could be opening a can of worms. In most cases this will not be the case but if it is established, that as far as the resort or management company are concerned, you are still an active member at least you know and can address the problem because at some stage it will rear its ugly head. As we said earlier, this is for the most part unlikely.
What not to do
Above all don’t be alarmed or scared with the story the scammer presents, also never pay any money on the strength of the call. You may be told that they have contacted your resort and you are on the “membership suspended” list. Under current data protection legislation no timeshare company would pass your information to a third party without your permission, this is against the law so tell them they are lying. Mention might also me made of the so called “Timeshare Register” no such register exists; again tell them they are lying. By the time you have told them twice that they are liars it is likely that the phone will be slammed down rather abruptly.
Disgusting behaviour
Just to finish this article we thought it pertinent to impart details of a recent enquiry. A couple aged 82 and 84 were contacted by scammers using the scam as outlined above. The couple stopped paying their maintenance back in 2006, but according to the scammers they still owned. Luckily, the husband was a retired police officer and decided, before accepting the scammers kind offer of exiting their ownership, he would investigate and contacted us.
We were pretty certain that the ownership would have long ago been cancelled but for peace of mind, on our advice he contacted the resort and was told they didn’t even have a record of his ownership, apparently they only retain data for as long as is necessary, this is in line with the data protection laws and as 15 years had elapsed it’s no surprise the data had been erased. In this case it couldn’t be clearer that the ownership was well and truly cancelled.
These scammers have no respect for age or health or personal circumstances. To attempt to scam vulnerable people is disgusting behaviour but they don’t care, all they want is your money and they will say anything to get it, don’t be fooled and more importantly never pay any money.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk