# fees in collection after 8 years no contact



## seekinghelp (Aug 31, 2008)

some nightmares come back years after you thot they were gone.

bought a TS week at Westgate Miami Beach in florida in 1998, fees went up a lot over the next 3 years and i was in financial trouble in 2001 so i told them that i could not pay, and i wanted their help in reselling the TS. They laughed. I had been told there was a resale service, but that was not true.

i wrote and called them to suggest they take the week back and resell it. they replied with a letter saying if i did not pay the back fees they would foreclose. I called again to tell them to go ahead.  This was 2001.

that was the last i heard from them until this year when a collection agency contacted me for the fees for the last 8-9 years, and extra charges. I disputed the debt of course, but what now?  to be clear,  I have had no contact from them since 2001, and i know they had my contact info as they gave all that to the agency.  The agency says the condo assoc was not obligated to foreclose, which leaves me on the hook for the annual charges .. but they never again sent me a bill, until early august.

Q1 is the homeowners assoc obligated to inform me of a debt I owe? they stopped sending me bills for taxes and fees in 2001. so if they don't ask me to pay how can i?

Q2 the HO-Assoc changed somehow .. the collection agency got the debt from a Newport homeowners assoc .. not westgate. Aren't they obligated to tell me, as a member, if the condo is sold?  or if the association is restructured in any way?

Q3 how does it go with these agencies? if i offer them part of what they are asking for just to go away, and they accept it, does that end it there?

any one else getting nailed like this?

and yes, i know that i am legally obligated for the taxes and fees on the face of it .. i just want to know what their obligations are on establishing the debt.


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## KforKitty (Sep 2, 2008)

I'm no legal expert so forgive me if this is wrong but I would suspect that your only obliged to pay what they (the TS company) have billed you for.  I would ask the debt collectors to send you copies of all the previous requests for payment.  I suspect that they will not be able to produce this.

Kitty


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## Lawlar (Sep 2, 2008)

seekinghelp said:


> that was the last i heard from them until this year when a collection agency contacted me for the fees for the last 8-9 years, and extra charges. I disputed the debt of course, but what now?  to be clear,  I have had no contact from them since 2001, and i know they had my contact info as they gave all that to the agency.  The agency says the condo assoc was not obligated to foreclose, which leaves me on the hook for the annual charges .. but they never again sent me a bill, until early august.



Most states have Statutue of Limitations which set a limit on the period of time that a debt can be collected.  The period varies from state to state and for the type of obligation.  In most cases the time period is between 3 to 5 years.  If the time is expired then the collection agency is barred from suing you to collect the debt.  In that case a strong letter from the attorney should be all it takes to end this problem.  [You should consult with an attorney and request that he advise you on the applicable Statute of Limitation.]


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## rickandcindy23 (Sep 2, 2008)

Statute of Limitations on a timeshare/ deeded purchase with associated fees that are ongoing?  I don't know about that, especially when the company says they have been sending bills all along.  This is Westgate, don't forget, and they aren't going to let anyone off the hook.  

You paid the loan, and you don't pay the fees?  Is there a loan on the purchase, too?  

Do you know that a foreclosure on a timeshare is a serious ding on your credit?  I was told by VRI management company that it is as bad as a foreclosure on a house.  You will pay for this for 7 years from the date this is resolved, I am afraid, because good credit is something you need in place for those major purchases.


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## UWSurfer (Sep 2, 2008)

This is certainly a question where you need good, qualified legal advice...something you'd be wise not to rely on us for.

That said, there was a thread last year about walking away from a loan on a timeshare.  One of the participants was a former loan officer.  That person basically said that a timeshare default was viewed as a rather minor blemish in the totality of a credit file.  If that's the only blemish in an otherwise good credit history, the feeling of that former officer was it wouldn't be that serious.   Now if it's one of several negative issues, then it could be quite bad.

As VRI is a management company, they have a strong incentive to paint default on a time share in a negative way.   VRI manages SCI where I own and I'm very happy with them there, for what it's worth.


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## dougp26364 (Sep 2, 2008)

I agree that legal advice is necessary in this matter. You won't get a 100% correct answer for your problem from these forums and this is a problem that's going to continue to haunt you until you put it to rest.


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## Lawlar (Sep 2, 2008)

*I Believe It May*



rickandcindy23 said:


> Statute of Limitations on a timeshare/ deeded purchase with associated fees that are ongoing?  I don't know about that, especially when the company says they have been sending bills all along.



The Statute of Limitations would apply to each year.  So maybe the most recent assessments are not barred.  The old years would be (although any lien on the TS would remain).

I can think of a number of other defenses that might also work.  So I agree that the best advice is to get good legal representation.

[Sometimes a judge will rule in your favor even when the law doesn't see to be on your side, if the judge believes that a plaintiff is taking advantage of the defendant.]


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## JulieAB (Sep 8, 2008)

I would HIGHLY recommend the website www.creditboards.com as to your rights with the collection agency, the original, the foreclosure, your credit...etc.  I poured over posts there for a while and was able to clear some old paid collection accounts, bouncing our credit scores into the high 700s!  The information and instructions there are fabulous.

From my limited knowledge of credit agencies, many will purchase old debts from companies for a fraction of the cost and try to collect on them.  Most people do not know their legal rights and pay unknowingly or don't dispute in the correct manner to get the credit bureaus to take action.  It's easy money for original creditor and for the debt collector.  It's wise to delete old addresses from your credit report so these old debts won't come back to haunt you.


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