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My Wife Took a Vacation in Las Vegas and Bought a Timeshare. Can We Be Sued? – David

“HI there Steve,

My Wife and I recently took a vacation in Las Vegas and stupidly fell for a timeshare scam. We are both british citizens and are living in scotland. My wife recently lost her job and we cant afford this expense at this time, we did some research and the company told us a lot of lies anyway. they keep calling all the time and it is really starting to affect my wifes mental health. Can we just walk away from this company as we wont be coming back to the states for a good few years or can they enforce debt on a us over here.

Regards

David”

Dear David,

Sorry to hear they suckered you in. Did they send in the different person at the end to close the sale. Those closers can make a lot of money doing that.

The reality is they will most likely not pursue you in Scotland but who is your loan with? What company? Do you even have a loan or are you just paying maintenance fees.

It also won’t prevent you from coming back to the U.S. on holiday but mate, don’t do that again.

I did come across a very interesting article in The Independent that might be worth reading and then contacting a local solicitor to see if you could proceed against the seller for deceptive sales practices.

Jarrett v Barclays Bank plc and related appeals; Court of Appeal (Lord Justice Morritt, Lord Justice Ward, Lord Justice Potter) 31 October 1996

A couple induced to buy a timeshare property in a foreign country on the basis of misrepresentations by the seller could bring proceedings in the UK under the Consumer Credit Act 1974 against the bank which financed the deal. While the agreement concerned might be a “tenancy” under European law, the “object” of the claims was not the tenancy itself but the finance agreement, so the buyers were not required by article 16 of the Brussels Convention on Civil Jurisdiction and Judgments to bring their claim in the country where the property was situated.

The Court of Appeal allowed an appeal by Trevor and Elizabeth Jarrett against the dismissal by Judge Brandt, sitting at Ipswich County Court on 19 April 1995, of their claim against Barclays Bank plc and the Royal Bank of Scotland. The court also allowed an appeal by Peter and Denise Jones against the dismissal by Judge Hamilton, at Liverpool County Court on 30 August 1995, of their claim against First National Bank plc, and dismissed an appeal by that bank against a decision of Judge Jack, at Bristol County Court on 1 February 1996, allowing a claim brought against it by Judith and Christopher Peacock to go ahead.

In each case the plaintiffs had entered into agreements to buy annual timeshare properties abroad, using finance provided by the banks. They claimed they had been induced into signing the agreements by misrepresentations by the sellers, and that under sections 56 and 75 of the 1974 Act the banks were liable. – Source

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Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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