Stopped paying maintenance. [Atlantic City at Flagship Resorts]

[dioxide45]

Agree and that was my point.

But the end result is still the desired result but if the other steps can potentially prevent further derogatory remarks on your credit history and prevent additional monetary loss, why not go for it?

 

[CYRUS2400]

But the end result is still the desired result but if the other steps can potentially prevent further derogatory remarks on your credit history and prevent additional monetary loss, why not go for it?

Agree. And for 'some', there may be a success story to tell. I'd love to hear one. In my case, I don't have a valid dispute and I'm not interested in postponing the inevitable.

 

[Patri]

The debt collectors do go away. They called me for years for an ex DIL debt. I would explain it was the wrong number. Fine, until they sold the account. Then a few more calls. Eventually they stopped. I am sure she never paid whatever money she owed.

 

[CYRUS2400]

The debt collectors do go away. They called me for years for an ex DIL debt. I would explain it was the wrong number. Fine, until they sold the account. Then a few more calls. Eventually they stopped. I am sure she never paid whatever money she owed.

Ex DIL call her and report what actually happened to her scores. Or did she settle. Inquiring minds want to know. I do know that the collectors will eventually go away, but, what damage to credit scores will they do before going away. Also, was her case for unpaid TS MF's. All types of debts are not handled the same.

A debt is a debt. Unless you have a valid dispute, the debt could hit your credit scores. Emphasis on could. And, that is all I'm saying, fight the debt if you have a valid dispute. Emphasis on valid.

 

[Fido Chuckwagon]

Agree and that was my point.

Sending the letters to the debt collector makes it more difficult for them to ding your credit and get a judgment. It also makes it easier for you to dispute with the credit agency afterwards if you have a paper trail that the debt is disputed. Can they still anyway after they jump through the FDCPA hoops? Absolutely. Will they? Maybe/maybe not. It won’t stop foreclosure (which is the end goal anyway). I don’t know that you’re going to see success stories because I haven’t seen it suggested on these forums before, but also, I’m not sure why it hasn’t been suggested. Maybe people just don’t know about the FDCPA.

To be clear, I’m not talking about something you’re sending to the timeshare/HOA. I’m specifically talking about third party debt collectors. This has nothing to do with the foreclosure process.

 

[dioxide45]

I don’t know that you’re going to see success stories because I haven’t seen it suggested on these forums before, but also, I’m not sure why it hasn’t been suggested. Maybe people just don’t know about the FDCPA.

I think the reason is, we don't see very often where debt for unpaid fees are turned over to third party collection agencies.

 

[Fido Chuckwagon]

Agree. And for 'some', there may be a success story to tell. I'd love to hear one. In my case, I don't have a valid dispute and I'm not interested in postponing the inevitable.

While I don’t have a ”success story” related to timeshare debt, because I’ve never had any, I do have a success story related to debt collectors using this strategy. When I was in law school I signed up for a home phone service through Verizon. Through incredible incompetence by Verizon, they never came to install it despite repeated calls. Then they started billing me for a service that they never installed. Repeated calls didn’t matter, every month I’d get a bill for a service that I never had and no matter what I did, couldn’t cancel. Then they handed this ”debt” off to debt collectors. For years I got the collections notices, and for years I responded with a certified letter similar to the one I posted above. Of course in this case, I really didn’t owe this debt, but I don’t think that mattered to the debt collectors. Once I sent the FDCPA letter they promptly sold the debt off to a different debt collection company. After a few years it stopped. There was never any report on my credit.

 

[Fido Chuckwagon]

fight the debt if you have a valid dispute. Emphasis on valid.

I disagree with this advice. Fight the debt either way.

 

[CYRUS2400]

I disagree with this advice. Fight the debt either way.

We will just have to agree to disagree. Regarding your Verizon case, you had a VALID dispute. And, that has been my point. If you have a VALID dispute, challenge it. If not, well I wish you, and others, much success.

 

[Patri]

No idea how ex DIL handled it. I don’t think they ever caught up with her. I vaguely think part of it was a Victoria’s Secret credit card. She was very young and wouldn’t have cared about her credit score. Now enough time has passed and she and her second husband have bought a house.

 

[pedro47]

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.

Thanks I'm going to print and saved your sample letter. It is excellent.

 

[Kenil Place]

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.

My situation is very similar to yours: widowed, stellar credit, car and house owned free and clear. Mortgage on the TS has been paid off for decades, just owe MFs. I attempted to deed back my TS to Wyndham, they wouldn't take it back. Contacted the home resort via phone, email certified mail--didn't even get the courtesy of a reply. After a few months of not paying, Wyndham turned it over to a collection agency--who called me twice. First time empathetic, second time called me a "dead beat" (Ha! not with my credit score) and shortly after, I got a letter saying the collection agency turned it back to Wyndham. I haven't paid MFs for going on 4 years now. No dings on my credit score, I have gotten credit cards since then, financed other major purchases, no problems. Wyndham sends a bill every month; they get filed. I'm not contacting them again and have no intention of paying the MFs.

 

[michael king]

We own at Club de Solei and will be sending a letter stating the same. We are done. Hope it goes well. We are financially in the same shape as you are. Just hope they don't do anything to my excellent credit rating.

 

[LannyPC]

Just hope they don't do anything to my excellent credit rating.

I hope not either. It's a shame that some of these vacation clubs and RTU TSs would ding owners' credit scores and ratings because the "owners" had no choice but to stop payments in order to terminate a contract and stop making payments on something that they're either not using or find very poor value in.