Trying to help my girlfriend get out of her timeshare contract

[rukiddin]

Hello all.

Prior to being my girlfriend, she went to a Wyndham Timeshare presentation in Las Vegas with another friend. That friend was really gun ho on getting a timeshare/points. They sat thru the presentation and when it came time to purchase, her friends credit was horrible. My girlfriend literally had no intention of buying. Anyhow, her friend is a trust baby, and said he'd buy the timeshare from her by refinancing it after the fact. Since my girlfriends credit was great, she ended up buying it. Her friend wasn't able to finance it, and now she's stuck with these points with no way to make payments.

First, it was shortly thereafter that she and I started dating, and she told me about all the perks she received, free bonus points, etc. We tried to book something, and surprise, nothing was available (this was Jan/Feb pre-covid).

I thought she owned the timeshare outright, and didn't think much of it. Later I found out that she owed over $40k on the timeshare.

Here are the problems.

1. My girlfriend had a brain injury when she was young, and while she's mostly fine, she's not really employable. She hasn't held a real job in 20+ years.

2. My girlfriend makes her money doing odd jobs here and there, and with the Covid pandemic, she's not able to make any money. So she can't afford to make any payments at all. If you looked at her tax return it would show ZERO income. They had no business signing her up for a timeshare.

3. She was actually married at the time, and her spouse wasn't in the meeting when she bought the timeshare (they are now getting a divorce, in part because of this timeshare fiasco).

4. When she bought the timeshare, they signed her up for a Vacationclub Credit to "Pre-fund" the deposit with 6 months no interest. They also signed her up for a Wyndham credit card to make the monthly maintenance payments. (also to make sure they could get the money from her I'm sure)

At this point, I had her pay off the Credit company that paid the deposit, and I had her pay off the Wyndham credit card, and then cancel them both. So all told, she's paid about $6-$7k towards the timeshare. She really doesn't have any money, but this has reduced the number of people going after her, and credit companies are harder on your credit than timeshare companies.

I figure there are 2 options going forward.

1. Work with a Third Party - Law Firm to get this to all go away.. FYI, I've spoken to one, and have a price of $8k and they will make it go away. (she doesn't have $8k, but i could loan/gift it to her). They offer a 100% money back guarantee, but who knows if that's worth anything.

2. Just stop making payments and let it default.

Working with Ovation won't work since she still owes more than $40k.

Are there any other solutions? Her credit is important to her, but honestly she doesn't really need it. Plus I've heard that the worst that could happen is that it will show some kind of default with the word TIME SHARE attached to it, which I think most people would understand and look past.

I've heard good and bad with regards to law firms. So I don't know what to believe.

Any advice or tips would be appreciated.

Mike

 

[tschwa2]

Is there any chance the original friend can be guilted into stepping up?

 

[rickandcindy23]

She should walk away from this. If she doesn't need credit for like 5 years, tell her to stop paying.

 

[jabberwocky]

So what field of work is she in that she works odd jobs but reports zero income? And they loaned her over $40k? I would say walk away on this one. She should never have signed in the first place, unfortunately.

 

[montygz]

Walk away. It seems odd to me as well that they loaned someone with no income $40K.

Also, if she was married at the time, I would think her ex-husband would also be on the hook but I'm no attorney.

I would stay away from this entire situation.

 

[dgalati]

Hello all.

Prior to being my girlfriend, she went to a Wyndham Timeshare presentation in Las Vegas with another friend. That friend was really gun ho on getting a timeshare/points. They sat thru the presentation and when it came time to purchase, her friends credit was horrible. My girlfriend literally had no intention of buying. Anyhow, her friend is a trust baby, and said he'd buy the timeshare from her by refinancing it after the fact. Since my girlfriends credit was great, she ended up buying it. Her friend wasn't able to finance it, and now she's stuck with these points with no way to make payments.

First, it was shortly thereafter that she and I started dating, and she told me about all the perks she received, free bonus points, etc. We tried to book something, and surprise, nothing was available (this was Jan/Feb pre-covid).

I thought she owned the timeshare outright, and didn't think much of it. Later I found out that she owed over $40k on the timeshare.

Here are the problems.

1. My girlfriend had a brain injury when she was young, and while she's mostly fine, she's not really employable. She hasn't held a real job in 20+ years.

2. My girlfriend makes her money doing odd jobs here and there, and with the Covid pandemic, she's not able to make any money. So she can't afford to make any payments at all. If you looked at her tax return it would show ZERO income. They had no business signing her up for a timeshare.

3. She was actually married at the time, and her spouse wasn't in the meeting when she bought the timeshare (they are now getting a divorce, in part because of this timeshare fiasco).

4. When she bought the timeshare, they signed her up for a Vacationclub Credit to "Pre-fund" the deposit with 6 months no interest. They also signed her up for a Wyndham credit card to make the monthly maintenance payments. (also to make sure they could get the money from her I'm sure)

At this point, I had her pay off the Credit company that paid the deposit, and I had her pay off the Wyndham credit card, and then cancel them both. So all told, she's paid about $6-$7k towards the timeshare. She really doesn't have any money, but this has reduced the number of people going after her, and credit companies are harder on your credit than timeshare companies.

I figure there are 2 options going forward.

1. Work with a Third Party - Law Firm to get this to all go away.. FYI, I've spoken to one, and have a price of $8k and they will make it go away. (she doesn't have $8k, but i could loan/gift it to her). They offer a 100% money back guarantee, but who knows if that's worth anything.

2. Just stop making payments and let it default.

Working with Ovation won't work since she still owes more than $40k.

Are there any other solutions? Her credit is important to her, but honestly she doesn't really need it. Plus I've heard that the worst that could happen is that it will show some kind of default with the word TIME SHARE attached to it, which I think most people would understand and look past.

I've heard good and bad with regards to law firms. So I don't know what to believe.

Any advice or tips would be appreciated.

Mike

@Grammarhero may offer some options.

 

[jwalk03]

Who the hell agrees to buy a timeshare for their “friend” who apparently has worse credit than someone with no income??

mans how does someone with no income pay $6-7k?

Stop paying, ignore the threats, sounds like she is judgement proof anyway!!

 

[steve_solo]

Don't pay the law firm $8K to make it go away. They will not win against Wyndham and her credit will get dinged anyways.
I would check the state laws where she lives to make sure that the ex is not also responsible for the debt even though he didn't sign.
Some states treat a couple almost like a individual when it comes to debts.

 

[Roger830]

I thought that the NINJA loan (No Income, No Job, and No Assets) went the way of the prior financial crisis.

Apparently sales weasels are hungry.

 

[am1]

Why try and stiff the husband for something she signed on her own regardless of the reasons? Get her to go after the friend. Also sign a prenup and no do not co mingle assets. Sad situation but buy her owning it it goes to her character.

 

[presley]

She can send a letter saying she cannot pay and won't be making anymore payments. Eventually, it will go into foreclosure. She will take a credit hit, but since she shouldn't be going into debt anyway, it won't make any difference.

 

[bnoble]

If the divorce isn’t final this is a topic that she needs to discuss with her lawyer before she takes action. It could have consequences for the settlement.

But, eventually, she will need to follow course of action #2.

 

[ddavid1073]

If all else fails and she doesn't want to ruin her credit, try renting the points for the next few years and see if she can make a go of it that way. I've never done it but this would be the place to ask questions and/or review posts on how it can be done successfully. It sounds like she's got the time to make it work. Just another thought....

 

[tschwa2]

If all else fails and she doesn't want to ruin her credit, try renting the points for the next few years and see if she can make a go of it that way. I've never done it but this would be the place to ask questions and/or review posts on how it can be done successfully. It sounds like she's got the time to make it work. Just another thought....

While she may be able to cover mf's by renting out, she won't be able to cover the loan. Add to this that travel is down due to Covid so way less demand than supply so while in a normal year renting may have been easier it won't be this year.

 

[silentg]

Why try and stiff the husband for something she signed on her own regardless of the reasons? Get her to go after the friend. Also sign a prenup and no do not co mingle assets. Sad situation but buy her owning it it goes to her character.

I didn’t see him say they were getting married? With her medical history she should contact the timeshare and let them know her curcumstances. Sounds like she was Pressured to buy it. Don’t hire anyone or pay anymore money. She should get all her money back. Let us know how things go.

 

[Passepartout]

I think she's likely judgement proof, but should consult local legal advice. Foremost- DO NOT sign onto ANY get you out of your timeshare outfit. They are SCAMS!

Be careful going forward with your marriage to not co-mingle assets. That could also co-mingle the debts.

Best Wishes

Jim

 

[Luanne]

I didn’t see him say they were getting married? With her medical history she should contact the timeshare and let them know her curcumstances. Sounds like she was Pressured to buy it. Don’t hire anyone or pay anymore money. She should get all her money back. Let us know how things go.

See first post, #3. She was married at the time of the purchase, but not to the OP.

 

[am1]

I didn’t see him say they were getting married? With her medical history she should contact the timeshare and let them know her curcumstances. Sounds like she was Pressured to buy it. Don’t hire anyone or pay anymore money. She should get all her money back. Let us know how things go.

That can be the next step in relationships. Just some free advice. He did mention that he was willing to loan/gift the money to the exit company which would have been happy to scam them. People do not normally do that unless it is serious. Like I said early go after the friend who wanted to make the purchase.
A wife can purchase items with the husband being there.
Take comfort in knowing that she is not the only one this happened to. A very expensive lesson.

 

[davidvel]

Why try and stiff the husband for something she signed on her own regardless of the reasons? Get her to go after the friend. Also sign a prenup and no do not co mingle assets. Sad situation but buy her owning it it goes to her character.

We don't know anything about their relationship, assests (collectively as a couple), what the husband may have "signed on his own", etc. All of which MUST be disclosed in a divorce. We don't know what debts he'll try to "stick" her with. Her attorney (which she should have in a divorce given her medical/brain issues) should be aware of the debt.

Characterizing it as sticking the husband with it, knowing none of their situation or relationship, is a bit over the top and judgmental.

 

[am1]

We don't know anything about their relationship, assests (collectively as a couple), what the husband may have "signed on his own", etc. All of which MUST be disclosed in a divorce. We don't know what debts he'll try to "stick" her with. Her attorney (which she should have in a divorce given her medical/brain issues) should be aware of the debt.

Characterizing it as sticking the husband with it, knowing none of their situation or relationship, is a bit over the top and judgmental.

Not trying to be judgmental but she should own this one on her own.

 

[Richelle]

If you want to go the legal route, don't use a firm you find on the internet. So many are scams. So many use scare tactics to convince people they should get out. Find a lawyer in your local area and ask for a referral. I suggest your local area because if they have law offices set up that you've seen personally, they are more likely a legit lawyer. You don't know what you get with these online places. Do you think her brain injury made her easily manipulated? I have an Aunt who has a brain injury and it's easy to convince her of something the rest of us can easily write off as fake. My aunt would take what the salesperson says as gospel, without question. If that's your girlfriend, I would bring that up to the lawyer. You could also find out if you can hold the friend liable for their part. It might be a costly legal battle to go through that, but it's an option to discuss. Best of luck to you.

 

[Pathways]

Hold the friend liable? There are two sides to every story. We have heard only one, and let's get real, it wouldn't make it through Judge Judy, let alone a real court.

I say huge kudos to the OP and GF for paying off the debt that they have, many would have walked on the whole thing. If only Wyndham is left, not one dime more. Let them pound sand. (and don't waste money on attorneys, maybe a legal aid consult - ok)

 

[am1]

Hold the friend liable? There are two sides to every story. We have heard only one, and let's get real, it wouldn't make through Judge Judy, let alone a real court.

I say huge kudos to the OP and GF for paying off the debt that they have, many would have walked on the whole thing. If only Wyndham is left, not one dime more. Let them pound sand. (and don't waste money on attorneys, maybe a legal aid consult - ok)

For sure the boyfriend could get worked just as he has been told the friend worked the girlfriend.

 

[rukiddin]

Thanks for all the feedback. Here's a little more info.

1. The friend feels awful, and will probably pay any legal fees, and has started making payments towards what I had her pay off already.

2. I am serious about this relationship, and she is too, and I've told her that this has to be cleared up before we could move forward (not to mention she needs to get her divorce finished, and with the whole covid thing that has languished. I hadn't thought about the fact that it could impact the divorce. She won't be happy to hear that.)

3. We both live in California, as does her husband who's she's separated from. (for those of you wondering about divorce law etc.) I figured that he could be liable. California is that kind of state.

4. It is an unusual situation, but there are some unusual circumstances here. I'm aware of what's transpired, and have spoken to all involved. Even the soon to be ex.

The law firm I found happens to be based here locally, so I could visit their office. They have asked me to do as much. They aren't big advertisers, like some of the others. They appear to be a law firm that must have dealt with several timeshare cases, and so they started a division that just deals with timeshares. Business must be good.

I personally believe that it's best if she just not make any payments and wait for it to go away. I just don't know how long that will take. She doesn't want to put her life on hold, and that's what might happen if we wait. The law firm said it could take 18 months. My guess is it will default and then any money paid to the law firm would have been wasted.

She was definitely taken advantage of. She's not naive, but in this case it all sounded so wonderful, and because of her friend, it seemed like a no lose situation. It was the perfect storm. If she had called me during the meeting, I would have told her to run for sure!

Again, thanks for all the input.

Mike

 

[troy12n]

From what i've heard, people trying to "walk away" from timeshares, Wyndham sues you for future maintenance fees as well as the balance of the loan because they consider it something like 30 years of prospective income "lost"... probably should consult a lawyer.

I'm at a loss as to how she got a loan with no verifiable income