Deceased parents Timeshare

0 Members and 1 Guest are viewing this topic.

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Deceased parents Timeshare
« on: July 11, 2011, 18:13:31 »
Hi 5 years ago my dad passed away at the time he owned a timeshare with Mcdonalds .
To try to cut a long story short the fees were paid in full up to his death and the will went through probate with myself and my brother as executors i sent Mcdonalds the death cert .
Any way  first year we still got a bill ignored it then a letter threatening debt collectors nothing happened.
second year another bill  then a letter threatening legal action nothing happened.
third year no contact.
this year  got bill last week still awaiting threatening letter, all bills in my dead parents name c/o my name .
Does anyone kmow if they have a leg to stand on or heard of a siimilar situation

many thanks


Offline Norm de Plume

  • Hero Member
  • *****
  • Posts: 826
  • Karma: +137/-5
  • Arthur Stuttard - Retired Barrister
Re: Deceased parents Timeshare
« Reply #1 on: July 12, 2011, 09:39:28 »
Huffing and puffing - ignore.  (I assume you did not take over the timeshare in your own name.)
If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name. (www.prostatecanceruk.org)

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #2 on: July 12, 2011, 14:02:25 »
No we,ve never signed anything think we were about 10 when it was bought and when dad died sent  a letter handing it back with death cert.

Offline Simoncc

  • Hero Member
  • *****
  • Posts: 751
  • Karma: +9/-1
Re: Deceased parents Timeshare
« Reply #3 on: July 12, 2011, 14:06:30 »
I'm sure that Norm is right in that MacDonalds demands will not be enforced if you haven't taken over ownership of the week but you are left with this annual routine of demand/threatening letter.

Have you considered approaching the Owners committee at the resort where your father owns to see if they would be willing to help you in this matter? MacDonalds have enforced resales on non-payers and it would seem to me that it will be easier for them in this instance to resolve this by taking back the week than going through the courts for non-payment.

 
 

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #4 on: July 29, 2016, 10:28:21 »
Hello again wow it's been 5 years since I posted this post . Anyway since then we got the odd bill from McDonald's and ignored it and nothing happened until today when I received a letter from network credit services ( which I plan to also ignore as is also addressed to dead parents care of myself) .The amount is building up and I would think if I was going to be taken to court I would have been by now . I know these debt collectors have no legal power and are basically just bully's but should I be expecting one of them on my doorstep .

Offline lawnmower60

  • Hero Member
  • *****
  • Posts: 903
  • Karma: +71/-4
Re: Deceased parents Timeshare
« Reply #5 on: July 29, 2016, 21:14:24 »
I think you should contact the debt collectors and McDonalds and confirm that your parents have died and that you are not responsible for any money they claim they are owed this way you are covering your back if they try to get money from you I do not know if you are aware that if the timeshare is in Spain or Canaries Spanish timeshare law has changed a lot in the last year
Brian

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #6 on: July 29, 2016, 22:18:48 »
Hi thanks for the reply the timeshare was in Spain (have things changed in a good way?) .mcdonalds were informed about my fathers death ,seems crazy to be chasing a 10 year old debt from a dead man. like I said bills still in both dead parents name c/o my name ( I didn't think debt could be chased over 6 years old ).

Offline Norm de Plume

  • Hero Member
  • *****
  • Posts: 826
  • Karma: +137/-5
  • Arthur Stuttard - Retired Barrister
Re: Deceased parents Timeshare
« Reply #7 on: July 30, 2016, 17:21:19 »
You are correct.  Debts become statute--barred after 6 years unless they have been acknowledged.  This isn't even your debt! Continue to ignore.
If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name. (www.prostatecanceruk.org)

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #8 on: July 30, 2016, 18:08:15 »
Thank you for your advice that's exactly what we plan to do .

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #9 on: August 01, 2016, 11:28:53 »
Hello again wow it's been 5 years since I posted this post . Anyway since then we got the odd bill from McDonald's and ignored it and nothing happened until today when I received a letter from network credit services ( which I plan to also ignore as is also addressed to dead parents care of myself) .The amount is building up and I would think if I was going to be taken to court I would have been by now . I know these debt collectors have no legal power .but should I be expecting one of them on my doorstep .

Offline eddiethehead

  • Newbie
  • *
  • Posts: 7
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #10 on: August 01, 2016, 11:32:27 »
Sorry didn't mean to quote myself can mod delete please thanks

Offline KwikChex

  • Jr. Member
  • **
  • Posts: 78
  • Karma: +6/-6
Re: Deceased parents Timeshare
« Reply #11 on: August 01, 2016, 15:40:36 »
If you wish, KwikChex can intervene on your behalf. It seems very wrong for you to be still receiving demands when you have previously made the position clear. Such assistance is provided free of charge to consumers as part of the Timeshare Task Force initiative - just private message me if you want help with it.
As part of our Timeshare Task Force activities, KwikChex provides free assistance to consumers who believe they may have experienced problems with mis-selling and breaches of law. This is made available via the Timeshare Business Check website www.timesharebusinesscheck.org [nofollow]

Offline Hatty

  • Newbie
  • *
  • Posts: 5
  • Karma: +0/-0
Re: Deceased parents Timeshare
« Reply #12 on: August 05, 2016, 08:37:05 »
I would just ignore the letters. I'm in a situation with St Mellion. My mother and I had a joint contract. She died in April 2013 and I handed the week back.  I have had bills for the last three years and "final demand" letters but no action taken. in my opinion this could be construed now as harassment, allowing a debt to grow and not acting on threats.
Also the lease is until 2064 and I don't think the courts would look kindly at the length of the lease?
It's bad enough losing a parent without having all this sort of worry. I do hope they leave you alone soon eddiethhead.