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[2006] Timeshare judgment--need advice

Jennie

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I have just learned that $2200. has been deducted from our checking account because of a garnishment (sp?) by Club Land'or. It was issued by a court in Virginia. I was never served with any papers. I called my bank and they gave me a phone number of some attorney to call. Does anyone know what I need to do to "fight" this injustice.

Here's some background information. I am on vacation out-of-state at this moment and do not have access to the exact information which is in files at home.

Hubby and I own 16 timeshares. We've accumulated them gradually via resale through the years. We love each and every one of them--except a floating week at CLUB LAND'Or on Paradise Island in Nassau, Bahamas. We purchased it very cheap around 1997. There were approximately 20 weeks left on the RTU lease. It was a great trader for the first few years. We were able to "pull down" more than one week per year by paying the maintenance fees, and we did so a few times.

The person who sold it to me (via a TUG ad)had to pay a special assessment before transferring it to me. We received two special assessments in the next 3-4 years. I paid the first one without "fussing" even though the paperwork from the resort didn't sound very convincing as to why it was needed. They mentioned things like repaving around the pool and other little"stuff" that I felt should be covered by the annual maintenance fees which they incresed every year.

The second assessment for about $600. was allegedly needed to cover the cost of replacing a burned out transformer which, they stated, unlike in the U.S. must be paid by property owners, not the utility company. This didn't sound right to me either.

Soon thereafter, I exchanged into another timeshare in Nassau and discussed the situation with the manager there. He said that there would be no reason for Club Land'or to have had to pay for repair or replacement of the transformer. The utility company does it unless it is a huge property such as Atlantis that might want to install and maintain their own transformer in return for a lower electric rate. But this would only benefit a property that uses a huge amount of power. Club Land'or is a very small resort.

I paid my annual maintenance fees but refused to pay the assessment unless and until they sent me a financial report showing income and expenditures. including proof that they had paid for the transformer. I have received a statement each year from every timeshare we own--large and small--but never once from Land'or. Who knows what they have been collecting and how it has been spent?

The TUG reviews have been mediocre at best. I have collected a lot of recent reviews from various other web sites where people complain about the units being very dirty and smelly. The "bedroom" is small and is separated from the living room by a curtain--no door for privacy. The furnishings are circa 1970 and are in serious need of replacement.

Club Land'or hounded me with phone calls about the unpaid special assessment. It was never the same person calling. I must have received calls from 20 different people. Each time I requested a financial accounting. They kept telling me that it was "confidential" info which could not be divulged. Finally one person said she would send it. What I received was a brief report from RCI to Club Land'or showing the customer ratings they have received from exchange guests, and how they compare to other Caribbean resorts. They should be ashamed of the ratings they received--very poor in all categories.

Soon thereafter, Land'or started charging every guest (owner and exchangers) a fee of $19. per day per person, including children age 14+. This was not for food or activities. They said it was tax and service charges for things such as maid service and electricity. You can imagine what happened to the trading power of my RCI space-banked weeks due to this outrageous fee. I do my own on-line searches. A blue week in the Ozarks pulled more than Land'or. It's the only week that I ever let expire unused because it pulled absolutely nothing I could use, even within 30-60 days of check in.

Land'or is apparently owned by 2 brothers and is headquartered in Virginia. The manager at the other Bahamas timeshare (the one who told me about the likely false story about the transformer) said that John Holt used to belong to a local group of timeshare resort owners/managers but was "kicked out" for some shady dealings. One incident allegedly involved Holt entering into a contract to sell Land'or to the owners of the nearby Harbour Club. Holt tied them up for over a year until he finally conceded that he had done nothing to get the consent of the Land'or ts owners which would be required. The manager clearly felt that Holt had a reputation for shady conduct. He gave me the name and phone number of a man in a high position at another timeshare on Paradise Island whom he described as "an arch enemy" of Holt. Unfortunately this man died before I had a chance to call him, although I'm told that the man's widow may have a lot of info to share, as she is deeply involved in the operation of the timeshare.

After I returned from that vacation, I posted a message here on TUG inviting disgruntled Land'or owners to contact me. I received many responses and everyone was angry and frustrated about the high maintenance fees, assessments, daily $19. fees, and serious deterioration of the resort, etc...

Soon thereafter one of these owners, who had also refused to pay the special assessment, received a notice that he was being sued in Virginia. He obtained a few adjournments by phone, and began collecting information to use in court. He spoke kinda "off the record" with a court clerk who indicated that the court was annoyed at the large number of lawsuits Land'or has filed. Most people fail to show up and a default judgment is filed. But of those who do show up, most have their cases dismissed for reasons such as "I'm old and don't travel much anymore." This man made a long trip to the court (about 800 miles)hoping to get the case dismissed. He is a very intelligent, articulate businessman who wanted to fight the case on general principle. When he showed up, he was brought into an empty court room. Then a judge came out and sat on the bench. A few minutes later, an older woman using a cane came into the court room and held an animated conversation with the judge with much laughter between them. About 15 minutes later, the case was called and the only persons present were the judge and the lady with the cane who, it turned out, represented Club Land'or. When the businessman said he had papers he wanted to show the judge (bad reviews, annual financila statements he has received from other ts companies, and the Virginia statute stating that Land'or is required to file such a statement but has failed to do so)the judge stopped him and said that it would require a trial and that would take at least a week to schedule. The man requested at least a 6 week period to return for the trial, as he had other business appointments in the coming weeks. His request was granted. Thereafter he negotiated by phone with Land'or and they agreed to accept 1/2 of the approx. $2100. they were suing for. He agreed to pay it with the guarantee that his ownership at Land'or would be terminated. And it was. He was very annoyed to pay them a penny, calling them a "bunch of crooks" but he didn't have the time to keep coming back to Virginia. That was about 2 years ago.

The land on which Club Land'or is situated is very valuable. I have read posts which indicate that Holt is trying to get rid of as many owners as possible so that he will obtain a higher amount when the property is eventually sold. I also saw an article in a Bahamian newspaper that stated that Holt has submitted plans to add a new building on the Land'or property. Where he would put it is a mystery to me. And he should be required to bring the existing building up to standard before being granted permission to build something new.

I forgot to mention that Land'or charged a $75. fee for transferring the contract to me around 1997. The fee is now $975.. Land'or is on the short list of timeshares that will not be accepted at donateforacause.com and it has gone without any bids on Ebay.

I have heard NOTHING from Land'or for about 3 years. I didn't even receive bills for the annual maintenance fees.

And now out of the blue, they have a judgment against me, with no notification whatsoever. Any advice on how to proceed will be greatly appreciated.
 

timeos2

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Settle and get out

As sad as the tale is - and it should be a cautionary statement for anyone who thinks they can just "walk away" from a resort or an assessment - if you didn't appear in court and they held a legal hearing you were already found in default. It would cost you time and money to try to reverse the judgement now and you could end up spending more than the judgement to get it reversed or worse spend time and money only to have it enforced as is. And that judgement can and most likely will be filed on your credit report. They also must have gotten a court order to sieze the funds due. Now they have your money and you are STILL the owner responsible for all future fees.

When you purchased you took on the responsibility of the fees until you sell or manage to give it away or back to the crooked management. Until someone else accepts the ownership you are the one they can legally go after - and they have. Rather than fight a possibly losing battle try to get it settled by getting their agreement to take the ownership back. It may take some more payment to accomplish that as they are under no obligation to accept a week back. Good luck.
 
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Jennie

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Re: Timeshare judgment--need advice

I'm willing to do whatever it takes reverse the judgment, even if it will cost more than the amount, and even if I lose. I am not concerned at all about the financail aspect of the situation but am outraged by the dishonesty involved.

And one main point is that I received no notification so I was not afforded the opportunity to appear in court nor to seek a resolution of the matter. I am sure that they are required to serve me with a summons. This is America.

Here's some information that was just sent to me via Email by a TUG member I have his/her permission to post it.

You may also consult with a private attorney who is familiar with this area of the law and with the laws of the Commonwealth of Virginia. If you do not already have an attorney in mind, you may contact the Virginia Lawyer Referral Service offered by the Virginia State Bar. You can also call:

In the Richmond area: (804) 775-0808
Nationwide toll free: 1-800-552-7977

The Timeshare Administration of the Real Estate Board, an agency of the Department of Professional and Occupational Regulation (DPOR) handles complaints concerning timeshares. The Compliance and Investigations Division of DPOR receives and reviews all complaints to determine the agency's authority to investigate. The agency may only investigate allegations that the person or business complained about has violated laws and regulations of a regulatory board. Disciplinary action may be taken to suspend, revoke, fine, or fail to renew a license when probable cause exists of a regulatory violation. If the person or business is not licensed, criminal action may be taken. A regulatory board cannot make the person or business refund money, correct deficiencies or act as a mediator between private parties or provide legal advice. Get additional information about DPOR. File a complaint with the Compliance and Investigations Division.

In addition, the Virginia Office of Consumer Affairs (OCA) has authority to initiate inquiries into complaints against timeshares if it has reason to believe that a pattern or practice of deception or other wrongdoing in violation of any of Virginia's consumer protection statutes is occurring. If such wrongdoing is found, OCA may refer its findings to this Office or other appropriate governmental offices for an enforcement action. Please be advised that all information provided to OCA is available for public inspection under the Virginia Freedom of Information Act, except in the case of ongoing investigations. File a complaint with the Virginia Office of Consumer Affairs.
---------------------------------------------------------
I am anxious to see if other complaints have been filed and what the results of their investigations were.
 

Dave M

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Re: Timeshare judgment--need advice

You have an unfortunate story and I don't have good news for you.

Echoing what timeos2 has said, you probably have no standing. The legal documents to which you automatically became subject when you purchased almost certainly allow the resort to collect all maintenance fees, special assessments and any legal fees and other collection costs related to those charges. The language is similar to what is contained in most credit card and other debt agreements to which you might be subject.

Thus, trying to overturn this is almost certain to be futile and could easily cost you more thousands of dollars, because you will be required to pay the fees for the attorney that represents the resort to fight you, assuming you lose, which you almost certainly will.

You can argue that it's not fair, and that you were never notified of the court action, but that won't win your case. You became subject to the obligations related to your ownership when you purchased. Not all resorts are as aggressive at collecting as yours apparently is, but those that are aggressive generally shouldn't be tangled with!
 

Gadabout

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Re: Timeshare judgment--need advice

Seems to me that the bigger warning is not to buy anything in most foreign countries.... Too difficult to just pop on over and check up on stuff like this. And avoid RTUs, since you can't even pretend you own anything....

If it were in the states you might have a class action lawsuit chance, but I don't know about this. Not as far as the regular annual fees. I think most courts would hold that one "knows" when these bills are due and should be keeping track of them (I keep track of all my bills, just in case there's been mail theft).

You might have a much better chance against the weird special assessments. And the fact that you were not served doesn't sound right. Even small claims courts generally insist on certified mail service, or some people prefer to pay extra to have local law enforcement do the honors. I would look into the court laws in Virginia regarding notification, especially if your residence address has not changed--they might try to claim they sent it to an "old" address that they made up.

I wish you luck.
 
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Jennie

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Re: Timeshare judgment--need advice

I have been looking at at the extensive information available at the Virginia government page.

Section 55-370.1 "Time-share estate owners' association annual report" states that "within 120 days after the close of each fiscal year, an annual report shall be prepared and distributed to all time-share owners."

B. The annual report shall contain the following:

1. A list of the names and mailing addresses of the members of the association's board of directors and the name of the person who prepared the report;

2. A balance sheet as of the end of the fiscal year;

3. An income statement as of the end of the fiscal year;

4. A statement of the net changes in the financial position of the association for the fiscal year just ended;

5. A statement of the time-share estates occupancy expenses, the regular assessment, any special assessments or other charges due for the current year from each time-share estate owner; and

6. A copy of the current budget reflecting the anticipated time-share estate occupancy expenses along with:

a. A statement as to who prepared the budget;

b. A statement of the budgetary assumptions concerning occupancy factors;

c. A description of any provision made in the budget for reserves for repairs and replacement;

d. A statement of any other reserves;

e. The projected financial liability for each time-share estate owner, including a statement of (i) the nature of all charges, assessments, maintenance fees, and other expenses which may be assessed, (ii) the current amounts assessed, and (iii) the method and formula for changing any such assessments; and

f. A statement of any services not reflected in the budget that the developer provides, or expenses that it pays, what it expects may become a time-share expense at any subsequent time, and the projected time-share expense assessment attributable to each of those services or expenses for the association and for each time-share.

I repeatedly requested this type of information and said I would pay the special assessment when I received a financial accounting of how the ever-increasing maintenance fees were being used and why they would not cover the items specified in the letter notifying owners of the special assessment. Up until this time, I had always paid my maint. fees early and had even paid a few years in advance in order to be able to have weeks deposited with RCI. I may not even be delinquent on the maint fees because I paid for several years in advance. With the other 15 timeshares we own, I have never paid late. I usually pay up to 2 years in advance in order to be able to space-back early. Whenever Amex has a double (once even triple) miles promotion, I pay all the maint fees, even up to 2 years in advance. I would have continued doing the same with Land'or if things were as they should have been.

I have tape recorded and saved some of the conversations with the people who called me from Land'or. I clearly asked for an annual statement and was told more than once that I couldn't have it because it was "confidential." They finally sent me a "report card" sent to them from RCI , and then called and asked if I was ready to pay the special assessment since they had sent me the statement I requested.

I have a TUG friend who lives in Williamsburg and he will hopefully be able to find an attorney in the area to look into the matter. Since Land'or is in the process of seeking approval to develop a timeshare at an old Equivest property in Williamsburg, they may not want adverse publicity.

Even if I cannot get the relief I feel entitled to, I can at least file complaints with the two timeshare regulatory agencies and let them determine if Land'or is violating their laws by not sending an annual report to all timeshare owners. Each of the owners, with whom I communicated in the past, had never received such a statement.

The court clerk told one of the other owners being sued that Land'or has filed hundreds of cases against owners. There are just 72 units at Land'or. Many paid an exorbitant price buying from the developer--over $10,000.. They have to be extremely dissatified to try to walk away from such an investment. Luckily in my case I paid only $750. and had many great exchanges until the place fell into disrepair and started charging $19. per day per person to RCI exchange guests and EVEN OWNERS! Look at all the people complaining about the $25. a day charge per unit (not per person) at the Manhattan Club. This charge was not in effect during the first several years I owned at Land'or. We have never been notified of annual meetings, nor have we received the type of proxy forms our other ts send so that they can reach a quorum and conduct the meeting. I am anxious to find out the procedure through the Freedom of Information Act to review any other complaints filed against Land'or and how they were resolved.

Thanks for the detailed info you "guys" have provided, even if it is not what I had hoped to hear.
I'm hope Ray Jacobs, owner of Timesharing Today Magazine, will publish an article I'll write warning people to stear clear of this outfit.
 

Icarus

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Re: Timeshare judgment--need advice

Dave,

It doesn't seem like a court in the US would issue a default judgment against a party that hasn't been properly notified of the court proceedings.

-David
 

Dave M

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Re: Timeshare judgment--need advice

Jennie -

You're looking at the wrong laws. A Bahamas timeshare doesn't have to report info required by Virginia law, even though you might be a resident of that state. Imagine how impossible it would be for a legitimate timeshare to operate if they had to comply with the laws of every country, state, city and other political subdivisions where their owners resided! It would be impossible and isn't required. It would be required if the resort had sales operations within your state, but I assume they don't.

David -

I'm not sure that's true. Even if it is and you are correct, it's likely that the court records contain some evidence of an attempt to notify, even if Jennie never saw any such notice.
 

boyblue

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Re: Timeshare judgment--need advice

Do you want to get out from under this obligation or do you plan to hold on for the redevelopment. In either case I am willing put you in contact with a lawyer that may be able to help. There may be more effective/aggressive lawyers but this one is above reproach (a most important characteristic when dealing with Bahamian Lawyers) in addition she is very influential. PM me if that is a route you are considering.
 

Gadabout

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Re: Timeshare judgment--need advice

Dave M said:
David -

I'm not sure that's true. Even if it is and you are correct, it's likely that the court records contain some evidence of an attempt to notify, even if Jennie never saw any such notice.

But court is important enough that it generally has to be a *genuine* attempt to notify, not merely throwing something in the mail. Great as our postal service is, even though millions of us drop things in the mail every day without a second thought *and expect them to get to their destination*, things do get lost, or damaged in accidents and can't be delivered. Like I said, there is likely some law in VA that says you either have to be physically served or have it mailed to you (substitute service) via a traceable method through the US mail, normally certified mail, with "restricted delivery" (have to show ID to sign--so that it gets to the right person, not their adult child or some guest), return receipt requested.

They could have sent it certified through a "bad" address, and yes, it would look proper when came back unclaimed (I don't know if you can still proceed with a court case if you can't locate someone--but they were able to locate her checking account, how convenient....). But if Jennie can show that over the years she's paid that she's never moved, how all of a sudden would they have a different address for her?
 

Jennie

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Re: Timeshare judgment--need advice

Dave said:
"Jennie, You're looking at the wrong laws. A Bahamas timeshare doesn't have to report info required by Virginia law, even though you might be a resident of that state. Imagine how impossible it would be for a legitimate timeshare to operate if they had to comply with the laws of every country, state, city and other political subdivisions where their owners resided! It would be impossible and isn't required. It would be required if the resort had sales operations within your state, but I assume they don't.
------------------------------------------------------------------------

The resort's operations/main office is located in Virginia. The ownership papers are drawn up in that state and all payments, reservations, etc. are sent to their office in Virginia. This is apparently where the court issuing the judgment is located.

I am a resident of New York.

We are living at another address caring for an elderly relative. We have rented our house temporarily. The tenant holds our mail and we pick it up weekly. She has no recollection of any attempt to deliver a certified letter to us. But then, our mailman (same person has been on our route for 30 years) knows that we do not live here at this time and if something came requiring our signature, he would probably have sent it back to the sender. He's on vacation now. I will check with him when he gets back.

However, our phone number remains the same. They sure knew how to use that when they were hounding us about the assessment. The calls would come in constantly at all hours of the day and night, even on weekends. I told each person that called that I was waiting for the annual financial report to see why the high maintenance fees were not sufficient to cover the rather mundane items specified in the letter notifying us of the assessment.
 
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Wonka

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Re: Timeshare judgment--need advice

I speak with the attorney suggested by another poster. What's a few more bucks to get a legal opinion on how to proceed, and some piece of mind? Are you still an owner of record at this resort (or, did I miss this in your posts)? If you are still an owner, you may be subject to more future expenses.
 

Jennie

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Re: Timeshare judgment--need advice

Wonka said:
I speak with the attorney suggested by another poster. What's a few more bucks to get a legal opinion on how to proceed, and some piece of mind? Are you still an owner of record at this resort (or, did I miss this in your posts)? If you are still an owner, you may be subject to more future expenses.

I have no idea if I am still an owner. There's been absolutely no communication from Land'or for a few years--ever since I kept requesting copies of the annual financial reports which they refused to provide. They suddenly stopped the endless harrassing calls and never sent any further bills.

"Blueboy" has provided the name and phone number of an attorney who is in an excellent position to provide the type of advice and representation we need. Bless him! I'll keep you posted.
 

influential

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Would be interested in an update on this, as I was just commenting on what a great time everyone at Club Land'Or seemed to be having when I strolled past them each day last week, despite the units themselves looking somewhat shabby.

A sad tale to read, indeed.
 

bogey21

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I would start by calling the lawyer whose phone number your bank gave you. I would want to know what makes up the $2,200. Is it one Special Assessment? Is is a series of annual MFs? Does it include $950 to transfer the Week back to the Resort? I couldn't make any decision until I knew what I was dealing with. For example if it includes $950 for the Resort to take back your Week, that is one thing. If it is a series of annual MFs, that is another.

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Shortly after separating from active duty in 1999, We responded to a request to visit a Va Bch location for a prize we had won. After scratching off a card at the Land Or sales office we were paired with a new salesman who informed us we were his first clients. After several hours we were introduced to club Land Or with the expectation that we would have the opportunity to travel to the Bahamas every year for 15 years. After hours of negotiating we agreed to terms with Land or (just over 10K) Knowing we were on a strict budget we spoke with the sales staff about our concerns who recanted the deal. Shortly after receiving the deal we attempted to schedule a vacation stay and found that the fees just to stay at the location really wasn't affordable by us as a young couple with such small income. Several months later we received a bill for maintenance fees, then a very large SPECIAL ASSESSMENT. We contacted Club land Or whom told us this was required, We informed them that we were never informed of the Fees which in itself made such that we were unable to afford. We have been tied to this company for over 10 years. We have paid in excess of 15K, never had the opportunity to utilize this Timeshare in any capacity. This company misrepresented its contractual requirements. This has been the worst decision of our lives. We have tried to give this Timeshare away with negative results. We have been continually charged maintenance fees and special assessments. Now the fees are 3 times what we paid. And its been over Ten years we have yet to use this vacation however we still accrual fees. My wife and I have been married 17 years, never had a Honeymoon, yet we have paid thousands of dollars to a timeshare yet we can't go on a vacation together!! Recently I received a warrant in debt to appear in court for the outstanding fees although we have paid our account in full and it is CLOSED. I am looking for a good attorney or a group of owners looking to fight Land Or, If you have any advice and you are willing to share please give me a courtesy call 703-786-5326. I think this is Crazy! Any advice would be appreciated. I will take your call anytime.
 

ronparise

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That you think you were not properly notified doesnt make any difference. Perhaps you could fight this and win and the judgement would be reversed, but they could start the process again, notify you, and the end result would be the same

That you had good reason to not pay your fees seems obvious, but that doesnt make any difference either. The time to have fought that fight was when you first noticed management going downhill....its too late now

There have been lots of discussions on these boards about the consequences of just walking away from ones obligations to their timeshare


now we know
 

carl2591

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Shortly after separating from active duty in 1999, We responded to a request to visit a Va Bch location for a prize we had won. After scratching off a card at the Land Or sales office we were paired with a new salesman who informed us we were his first clients. After several hours we were introduced to club Land Or with the expectation that we would have the opportunity to travel to the Bahamas every year for 15 years. After hours of negotiating we agreed to terms with Land or (just over 10K) Knowing we were on a strict budget we spoke with the sales staff about our concerns who recanted the deal. Shortly after receiving the deal we attempted to schedule a vacation stay and found that the fees just to stay at the location really wasn't affordable by us as a young couple with such small income. Several months later we received a bill for maintenance fees, then a very large SPECIAL ASSESSMENT. We contacted Club land Or whom told us this was required, We informed them that we were never informed of the Fees which in itself made such that we were unable to afford. We have been tied to this company for over 10 years. We have paid in excess of 15K, never had the opportunity to utilize this Timeshare in any capacity. This company misrepresented its contractual requirements. This has been the worst decision of our lives. We have tried to give this Timeshare away with negative results. We have been continually charged maintenance fees and special assessments. Now the fees are 3 times what we paid. And its been over Ten years we have yet to use this vacation however we still accrual fees. My wife and I have been married 17 years, never had a Honeymoon, yet we have paid thousands of dollars to a timeshare yet we can't go on a vacation together!! Recently I received a warrant in debt to appear in court for the outstanding fees although we have paid our account in full and it is CLOSED. I am looking for a good attorney or a group of owners looking to fight Land Or, If you have any advice and you are willing to share please give me a courtesy call 703-786-5326. I think this is Crazy! Any advice would be appreciated. I will take your call anytime.

dam shame it took you 15 yrs to find tug.. now you know the truth about timeshare.. put your boots on and head out the door friend.
 

Talent312

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For those who want to walk away from the TS obligations (regardless of how it may affect other owners), there's always Bankruptcy which will discharge one's personal liabilities, including judgments, leaving only the underlying lien to be foreclosed.

But of course, Bankruptcy is not to be undertaken lightly, as the Trustee may be able to take significant assets to satisfy creditor claims, so it would be important to consult a qualified Bankruptcy attorney.
 

Jennie

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Dear "Disgusted owner"

I found a way to resolve my problem and be rid of this timeshare forever and I will be glad to share it with you. I will call you later today or tomorrow BUT please remove your phone number from your TUG message. There are too many weirdo's and worse trolling public message boards like this one. Just register your email address with TUG and messages from members like me will be forwarded to you. You can then choose to respond or ignore them.

Mind you, we still own 16 timeshares at other locations and have never had a problem like this with any of them. It's a shame that you had the bad luck to get snagged by this outfit. If you do a google search, you will find lots of complaints about Land'or.

We faithfully paid the ever-increasing Club Land'or maintenance fees on time, and often times 2-3 years in advance so that we could "pull down" weeks to be deposited early with RCI. I think there was about 10 years left on the contract when we "took it over" from the prior owner. It was a great trader until Land'or started charging the outrageous daily fees to exchange guests and owners.

We paid one hefty Special Assessment a few years after buying Land'or. They never sent any annual financial statements, just vague bills.

When Land'or tried to hit us a couple of years later for another $1,000. + assessment, I kept requesting a written statement of what it was for. They finally sent a letter stating that the transformer had been destroyed in a storm and, unlike in the states, the resort is required to purchase a new one and have it installed at the resort's expense. A few months later I found out from a very reliable source that this was a blatant lie.

I continued to pay the maintenance fees every year but withheld the Special Assessment fee, telling them that I would pay if they sent a written statement of what the money would be used for, which is standard procedure in the timeshare industry. They tried to give me b-s reasons why they "couldn't" do it This went on for four years.

Then out of the blue, my bank manager took me aside when I arrived to make a deposit, knowing nothing about the withdrawal of my funds by Land'or. She gave me some very useful information, as did several people here at TUG.
 
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premierjennie

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Contract release

Jennie I just emailed you through your profile. I too am looking for advice on how to get out of our contract. Thank you.
 

Trapped

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I Want Out

I have tried various ways to terminate my timeshare with Club Land'Or without success. They have continuously increased their maintenance and other fees and have stepped up assessments to where they are now annual events. I just got one titled 2012 Budget Assessment for $499.00. Has anyone looked into a class action suit against this predatory company? Does anyone know how to terminate without just paying them in advance for all the years on your contract, (which is what they offered me)? Please contact me. Even better, as I mentioned earlier, I would love to participate in a class action suit to punish them for all the special assessments they have extorted from me and others. If anyone knows how to get one started please contact me.
 

tbenton

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We want OUT and scared of court because Land'Or is NOT a timeshare

[Post text removed at request of poster - Makai Guy, BBS Administrator]
 
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tbenton

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Land'Or is not Bahamian owned resort

Not if you found this out but Club Land'Or may be located in the Bahamas but its a USA corporation hq'd in Glen Allen, Va so it is under Virginia law. I also live in Virginia and have checked this out. Its also not governed by Timeshare laws since its a right to use and there is not deed or ownership. You just buy the number of weeks you want. Its almost like a lease. Land'Or is the owner of record.

TB
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Cl
Jennie -

You're looking at the wrong laws. A Bahamas timeshare doesn't have to report info required by Virginia law, even though you might be a resident of that state. Imagine how impossible it would be for a legitimate timeshare to operate if they had to comply with the laws of every country, state, city and other political subdivisions where their owners resided! It would be impossible and isn't required. It would be required if the resort had sales operations within your state, but I assume they don't.

David -

I'm not sure that's true. Even if it is and you are correct, it's likely that the court records contain some evidence of an attempt to notify, even if Jennie never saw any such notice.
 
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