Stopped paying maintenance. [Atlantic City at Flagship Resorts]

[jk2schus]

My husband and I purchased a timeshare in Atlantic City at Flagship Resorts years ago. 4 years ago my husband was diagnosed with pancreas cancer. We attempted to return the timeshare back to the resort because we knew we were not going to use it. They would not accept a quit claim deed to take it back so I stopped paying the maintenance fees. My husband passed away a year ago and I again tried to give the timeshare back because I have no use for it. They have now sent it to a collection agency. The amount due is $2,800 so it’s not the money, but I just want to be done with it. I don’t care about my credit rating, which is exceptional. i don’t have a mortgage or a car payment. Any suggestions to get this collection agency to stop sending me letters? And what do you think their next step is? Would they send someone to my home in person? Any help would be appreciated.

 

[winterski]

My husband and I purchased a timeshare in Atlantic City at Flagship Resorts years ago. 4 years ago my husband was diagnosed with pancreas cancer. We attempted to return the timeshare back to the resort because we knew we were not going to use it. They would not accept a quit claim deed to take it back so I stopped paying the maintenance fees. My husband passed away a year ago and I again tried to give the timeshare back because I have no use for it. They have now sent it to a collection agency. The amount due is $2,800 so it’s not the money, but I just want to be done with it. I don’t care about my credit rating, which is exceptional. i don’t have a mortgage or a car payment. Any suggestions to get this collection agency to stop sending me letters? And what do you think their next step is? Would they send someone to my home in person? Any help would be appreciated.

I am not travelling so I have converted my timeshare into RCI points. I have been able to sell the points at about 5 cents a point. A big loss but better than nothing.

 

[dioxide45]

How do I get a debt collector to stop calling or contacting me? | Consumer Financial Protection Bureau

You have the right to tell a debt collector to stop contacting you. The collector must stop if you ask a debt collector to stop all contact.

www.consumerfinance.gov

 

[Patri]

Stand firm. Ignore the phone calls and letters. Sorry for the loss of your husband.

 

[Fido Chuckwagon]

Any suggestions to get this collection agency to stop sending me letters?

Send them a certified letter, return receipt requested stating:

1. You dispute the Validity of this debt. 2. Under the Fair Debt Collection Practices Act, you are demanding validation of this debt, and 3. That you are demanding that they cease all communication except for written communication.

This may or may not cause them to buzz off, but at least will prevent them from calling you, etc.

Violating the FDCPA by communicating other than in writing, or by trying to collect without providing validation fo the debt, aafter receiving a demand letter, exposes a debt collector to substantial civil penalties. A lot of them will comply and/or decide you’re not worth the effort, and pass the debt off to someone else. Rinse and repeat every time you get a new letter from a different agency until they all eventually give up.

 

[jk2schus]

Stand firm. Ignore the phone calls and letters. Sorry for the loss of your husband.

Thanks. I’m just afraid that someone will show up at my door because they have my address. Again, I don’t deny that I stopped paying the maintenance fees but I took all measures to give the timeshare back to the resort but they don’t want it.

 

[TheTimeTraveler]

Thanks. I’m just afraid that someone will show up at my door because they have my address. Again, I don’t deny that I stopped paying the maintenance fees but I took all measures to give the timeshare back to the resort but they don’t want it.

Why would they want it? They for sure know it's worthless and they don't want it on their books.

TUG has a free timeshare forum -- you may want to take a stab at posting there and see if you get any bites.

So sorry for your loss and your current predicament.










.

 

[jk2schus]

Why would they want it? They for sure know it's worthless and they don't want it on their books.

TUG has a free timeshare forum -- you may want to take a stab at posting there and see if you get any bites.

So sorry for your loss and your current predicament.










.

Thanks

 

[wjbertrand]

I'm in the same boat. After trying to sell, give back or offer my timeshare for free on this forum I've had no success. I stopped paying the maintenance fees some years ago (the purchase price was paid off by my parents long ago) but they've now turned it over to a collection agency and my credit rating has taken a hit as a result. They call and send letters but I've blocked and ignored them to date. The back fees are several thousand dollars at this point. I expected them to foreclose on the property and go away. My options seem to be limited to:

1. Paying the back fees and continuing, but I don't know if the resort has taken back or foreclosed the property at this point? If they haven't.
, I accomplish nothing as I sure as heck don't want it.

2. Continue to ignore the collector until they give up, if they will. My credit score has already taken the hit, not sure if it will get worse from there. Even after the hit, my credit score is still rated excellent.

Has anyone had a collection agency or resort operator pursue a lawsuit against them for unpaid maintenance fees?

Thanks for any experience,

-Jeff

 

[CalGalTraveler]

Check the sticky below. Generally the cost of lawyers is too high relative to recovering unpaid maint fees.

[ 2022 ] Timeshare Default Credit Report/Collection Tracking

Two more data points

tugbbs.com

After 3 years the statute of limitations comes into effect so they cannot come after you unless you pay something which restarts the debt clock. I am not a lawyer so YMMV. Since you stopped paying ignore and they will go away. Use the laws stated above to get them to stop calling.

If your credit score has already taken a hit then absolutely do NOTHING because the damage has been done. Move on.

Please report on the sticky the name of the company and the amount of the credit score hit so others can know in the future.

 

[jk2schus]

Check the sticky below. Generally the cost of lawyers is too high relative to recovering unpaid maint fees.

[ 2022 ] Timeshare Default Credit Report/Collection Tracking

Two more data points

tugbbs.com

After 3 years the statute of limitations comes into effect so they cannot come after you unless you pay something which restarts the debt clock. I am not a lawyer so YMMV. Since you stopped paying ignore and they will go away. Use the laws stated above to get them to stop calling.

If your credit score has already taken a hit then absolutely do NOTHING because the damage has been done. Move on.

Please report on the sticky the name of the company and the amount of the credit score hit so others can know in the future.

Thanks for your reply. I don’t know about the statutes of limitations because I stopped paying the maintenance fees in September, 2020. The collection agency, Meridian Financial Services, out of Ashville, NC is the debt collector, and sent the first letter in August, 2024 and the next letter in September. I got an email 4 days ago from a credit bureau that I am registered with because of a previous security breach and they notified me that my credit score had been changed. It went from 837 to 814, so it’s still exceptional. They can’t get to the major credit bureaus because I have those frozen. I have had no contact with the timeshare except my husband sent an email in February, 2021 when they called him while he was undergoing chemo and he lit into the person who called. All they cared about was their stupid maintenance fees and he was fighting for his life. I can’t imagine that the $4000, with all their fees and penalties, is worth the lawyers fees or the amount they are paying to the collection agency.

 

[jk2schus]

I'm in the same boat. After trying to sell, give back or offer my timeshare for free on this forum I've had no success. I stopped paying the maintenance fees some years ago (the purchase price was paid off by my parents long ago) but they've now turned it over to a collection agency and my credit rating has taken a hit as a result. They call and send letters but I've blocked and ignored them to date. The back fees are several thousand dollars at this point. I expected them to foreclose on the property and go away. My options seem to be limited to:

1. Paying the back fees and continuing, but I don't know if the resort has taken back or foreclosed the property at this point? If they haven't.
, I accomplish nothing as I sure as heck don't want it.

2. Continue to ignore the collector until they give up, if they will. My credit score has already taken the hit, not sure if it will get worse from there. Even after the hit, my credit score is still rated excellent.

Has anyone had a collection agency or resort operator pursue a lawsuit against them for unpaid maintenance fees?

Thanks for any experience,

-Jeff

I have to admit, i was able to deed back my timeshare at Island Links in Hilton Head, NC without an issue. I paid the $1500 transfer fee and signed the papers. They were very understanding regarding my husband’s cancer battle. I just think that the Atlantic City scene is so bad that they know they won’t be able to resell the timeshares there.

 

[TUGBrian]

if you are already in this situation you dont gain much if anything by paying past dues unless you have some sort of WRITTEN agreement from the resort/association that indicates they are willing to take back the ownership or otherwise transfer it out of your name as part of that settlement to pay the delinquent amount.

 

[wjbertrand]

if you are already in this situation you dont gain much if anything by paying past dues unless you have some sort of WRITTEN agreement from the resort/association that indicates they are willing to take back the ownership or otherwise transfer it out of your name as part of that settlement to pay the delinquent amount.

Thanks for the reply. How does one transfer it out of my name? It has no value based on tools I used to try and put a value on it, so I doubt they’re (the collection agency) will place any settlement value on it.

 

[TUGBrian]

you wouldnt be working with the collections outfit for that, they want no part of the title or ownership.

however "eventually" the resort/association is going to have to take steps to recover the deed from you either via a settlement agreement with you, or foreclosure.

 

[Fido Chuckwagon]

I think some of the commonly given advice to “just ignore the debt collectors” is wrong. That increases the likelihood of a negative credit impact (and the chances, although still extremely remote, of some sort of judgment after a default in a court).

You should never ignore a debt collector. Instead you should always send a certified letter, pursuant to the FDCPA:

1. Disputing the validity of the debt;
2. Demanding validation of the debt;
3. Demanding that the debt collector cease all communications with you.

99 percent of the time the debt collector will just give up at this point (they’re looking for easy money), and sell the debt on to someone else, then rinse and repeat, until everyone gives up and/or the SOL passes and/or foreclosure happens. Sending this letter also makes it much harder for this to get reported to a credit bureau (and you may be able to successfully dispute with the credit bureau as well).

Here’s an example letter:

Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]

[Debt Collector’s Name]
[Debt Collector’s Address]
[City, State, ZIP Code]

Sent Certified with Return Receipt

Subject: Debt (include reference here).

To Whom It May Concern:

Pursuant to the Fair Debt collection Practices Act I am writing to inform you that I dispute the validity of this debt and to formally request that you cease all communication with me regarding the alleged debt referenced in your records. This request is made pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692c(c).

Please be advised that:

1. All communication from your agency, whether written, verbal, or electronic, must cease immediately. This includes any attempts to contact me at my residence, workplace, via telephone, email, or any other means.
2. If you believe I owe this alleged debt, you are permitted to contact me solely to inform me of specific actions, such as filing a lawsuit or reporting the debt to credit reporting agencies, as outlined by law.
3. Any further communication outside of the aforementioned exceptions will be considered a violation of the FDCPA and will result in me pursuing all available legal remedies.

Additionally, I request validation of the alleged debt pursuant to 15 U.S.C. § 1692g.

For your records, please ensure that my request is noted and adhered to. All correspondence in response to this letter should be directed to my address listed above.

Thank you for your immediate attention to this matter.

Sincerely,

[Your Full Name]


Much like the rules on rescission of a timeshare, debt collectors tend not to **** around with the FDCPA, as they can be subject to substantial civil penalties.

 

[CYRUS2400]

Has anyone actually tried this strategy to make a real debt just go away? Or does it just extend the process, ending in the same results? The collections firm has no reason to just let it go. I'd like to hear a success story from a timeshare owner.

 

[Fido Chuckwagon]

Has anyone actually tried this strategy to make a real debt just go away? Or does it just extend the process, ending in the same results? The collections firm has no reason to just let it go. I'd like to hear a success story from a timeshare owner.

Debts have statutes of limitations and debt collectors go for the low hanging fruit. They buy debts for pennies on the dollar and make their money by scaring people into paying or by going for easy default judgments. This strategy absolutely can and does work, especially for smaller debts that are hard to enforce. There used to be an Internet forum known as fatwallet finance (sadly now closed) that had all of these kinds of tricks and tips discussed.

In any event, even if the strategy is not 100 percent successful, it is still better than doing nothing. There’s no downside to it except for the cost of the certified mail*.

*and if certified mail is a cost barrier, you dont’ have to do that either, you can use regular mail, you just won’t have proof of the mailing and delivery, but that’s still better than just ignoring a debt collector.

 

[CYRUS2400]

Debts have statutes of limitations and debt collectors go for the low hanging fruit. They buy debts for pennies on the dollar and make their money by scaring people into paying or by going for easy default judgments. This strategy absolutely can and does work, especially or smaller debts that are hard to enforce. There used to be an Internet forum known as fatwallet finance (sadly now closed) that had all of these kinds of tricks and tips discussed.

In any event, even if the strategy is not 100 percent successful, it is still better than doing nothing. There’s no downside to it except for the cost of the certified mail.

And time/energy/annoyance, sending letters just seems like a stall tactic. If the end result is the same, I'd prefer to just get it over. I don't scare easily, don't answer phone calls from unknown persons, and just want out of the TS. Now, full disclosure, while I value my high credit scores, they mean absolutely nothing to me as borrowing money is not in my short term or long term plan. A timeshare MF debt noted at just one credit bureau is pretty easy to explain away.

I'd still like to hear actual success stories, particularly interested if they are dealing with Aspen National Collections. I've read their reviews and they see letters like yours all the time. The letter seems to have no value as the debt is fully backed by the TS, in question. Aspen does not seem to back down. I also doubt that Aspen takes on a debt collection that is not on solid ground.

Above all said, I wish people much luck with the TS MF collections process, regardless of their strategy.

 

[dioxide45]

*and if certified mail is a cost barrier, you dont’ have to do that either, you can use regular mail, you just won’t have proof of the mailing and delivery, but that’s still better than just ignoring a debt collector.

One can also get proof of mailing for only an extra $2.20 on top of a First Class stamp by getting a Certificate of Mailing. It just doesn't provide proof of delivery. Though there are cheap return receipt options available vs. Certified tracking.

 

[dioxide45]

Above all said, I wish people much luck with the TS MF collections process, regardless of their strategy.

It would seem that taking specific physical actions to protect your legal rights is better than relying on luck?

 

[CYRUS2400]

Yes, some people have successfully disputed and gotten out of Aspen National Collections claims for timeshare maintenance fees, often by utilizing legal strategies like claiming contract violations, disputing the debt amount, or leveraging consumer protection laws, although success depends heavily on the specific details of your case and the evidence you can provide.

Key points to consider:

• Investigate the contract:
  Carefully review your timeshare contract for any potential issues, such as unclear terms regarding maintenance fees or improper notification procedures, which could support your dispute.
  
  
• Contact the resort directly:
  Before engaging with Aspen National Collections, try to resolve the issue directly with the timeshare resort, as they might be willing to negotiate a settlement.
  
  
• Dispute the debt:
  If you believe the debt is inaccurate or you have legitimate reasons to dispute the charges, file a formal dispute with Aspen National Collections and provide supporting documentation.
  
  
• Seek legal advice:
  If your situation is complex or you are facing significant legal challenges, consulting a consumer protection attorney specializing in timeshare disputes can significantly increase your chances of success.
  =========================================================
  Emphasis on some. Most people who just stop paying MF don't really have a leg to stand on with the collections agency. I stand by my comments, it just seems like a stall tactic.

 

[CYRUS2400]

It would seem that taking specific physical actions to protect your legal rights is better than relying on luck?

So noted, I wish people much success...........

 

[dioxide45]

Yes, some people have successfully disputed and gotten out of Aspen National Collections claims for timeshare maintenance fees, often by utilizing legal strategies like claiming contract violations, disputing the debt amount, or leveraging consumer protection laws, although success depends heavily on the specific details of your case and the evidence you can provide.

Key points to consider:

• Investigate the contract:
  Carefully review your timeshare contract for any potential issues, such as unclear terms regarding maintenance fees or improper notification procedures, which could support your dispute.
  
  
• Contact the resort directly:
  Before engaging with Aspen National Collections, try to resolve the issue directly with the timeshare resort, as they might be willing to negotiate a settlement.
  
  
• Dispute the debt:
  If you believe the debt is inaccurate or you have legitimate reasons to dispute the charges, file a formal dispute with Aspen National Collections and provide supporting documentation.
  
  
• Seek legal advice:
  If your situation is complex or you are facing significant legal challenges, consulting a consumer protection attorney specializing in timeshare disputes can significantly increase your chances of success.
  =========================================================
  Emphasis on some. Most people who just stop paying MF don't really have a leg to stand on with the collections agency. I stand by my comments, it just seems like a stall tactic.

The end result won't change. That being the timeshare entity or HOA foreclosing on the timeshare. It seems the actions suggested are simply to keep the debt collector away and trying to prevent a potential judgement and credit hit.

 

[CYRUS2400]

The end result won't change.

Agree and that was my point.