Timesharetalk

General Forums => Advice Forum => Topic started by: JB123 on October 05, 2016, 12:07:21

Title: Perpetuity
Post by: JB123 on October 05, 2016, 12:07:21
Hi
I'm new to this but need some help
I want to hand my Lanzarote timeshare back as I know I will be unable to sell. On looking at the paperwork I can see the first sentence says this contract is for two weeks fixed, in perpetuity, I signed this in September 2008 with a Wimpen resort does this mean I may be entitled to class the contract as null and void
Title: Re: Perpetuity
Post by: Norm de Plume on October 05, 2016, 16:03:30
Yes.
Title: Re: Perpetuity
Post by: Elaine Kesterson on October 05, 2016, 21:34:24
So , is there any easy-ish way out for those of us who bought before 1999 to get rid of floating weeks  or weeks tied into perpetuity?
Title: Re: Perpetuity
Post by: JB123 on October 05, 2016, 22:27:19
Thanks for your reply re perpetuity clause
Can anyone suggest how I should go about handing this back. I'm not necessarily looking for compensation. Do I need to go through a solicitor or should I write to them and try to deal with it myself. I don't want to end up with it not being sorted properly and the company chasing me for payments in future
Title: Re: Perpetuity
Post by: JB123 on October 05, 2016, 23:26:15
Just a few more questions This seems too easy and that's quite worrying.  We signed all the paperwork here in the U.K in 2008. And dealt with Wimpen by email. Does this make a difference to the perpetuity clause if we are wanting to hand it back and should we get some help or do it ourselves.  Wimpen have since sold out to onagroup will this make a difference
Wimpen did seem like a good company to deal with at the time and we don't have any issues with them, we just want out like a lot of other people. 
Title: Re: Perpetuity
Post by: daveh44 on October 06, 2016, 09:45:13
I have had some dealings with Wimpen (now Ona), they are one of the better companies to deal with.
If your timeshare is under their "club" system i.e. not escuitura, they normally allow you to hand back and walk away.

It is worth a phone call or email to the salesman at your resort and just ask the question.
If he comes back with "no, you are stuck with it".
Then follow the legal route (trust Norm's advice!)and just write and say the contract is null and void due to the perpetuity clause , and you will not be paying your maintenance and relinquish your right to occupy.

If they do chase you , just remember as has been reported here often , there has not been one successful case taken to court yet. Indeed you will find that whatever their threats, they will not take it to court.