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timeshare

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hobbitt

Guest
We attended a timeshare program in Canada and were dumb enough to sign up. The costs were explained to us at the meeting. We paid our down-payment - with two later payments by credit card - and left. We were on our long awaited honeymoon and spent our "cooling off" time at Niagara Falls. When we returned home, they started billing us on our credit card at the US rate - not the Canadian rate as explained and the annual maintenance fees were higher than we were told they would be. We contacted Carriage Hills to complain and cancel the contract. We were told that we had to contact the mortgage company since the deed had already been issued. The mortgage company sent us back to Carriage Hills....etc. I told the mortgage company that we could not afford to pay the higher costs. They basically said to sell the property or lose it. I contacted numerous real estate companies and none would handle the Carriage Hills property. We called the mortgage company and told them our problems. They referred us back to Carriage Hills. Now the company has turned it over to a collection agency which is saying that we willed be sued and wages attached. Do we have a leg to stand on?:confused:
 


HomeGuru

Senior Member
The transaction occured in Canada. Read the fine print in the contract as it most likely states Canada laws apply. You need to hire an attorney.
 

annie128

Junior Member
Read my posts on this matter mine was in Aruba and the collection ageancy that was afer was meridian. If it is by the Canada laws I dont know if they are legal and binding in the US.

Did they take you SS number on this contract? In ours they didnt.

In our case they said that they did not have to do any credit on us nor anyone else.

We just stopped paying, but we were billed monthly.

I would be a little careful also with listing it, we did that also, and the cost to us was 350 I think and that was to asses the value, and they never contacted us again and dont even think they had it listed and we got that from an ad from tv.

I hope I helped, good luck.

Ann
annie128
 
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H

hobbitt

Guest
annie128 said:
Read my posts on this matter mine was in Aruba and the collection ageancy that was afer was meridian. If it is by the Canada laws I dont know if they are legal and binding in the US.

It states under governing law - This purchase agreement shall be governed by the laws of the Province of Ontario.

Did they take you SS number on this contract? In ours they didnt.

Yes they did and are threatening to contact the big three credit bureaus.

In our case they said that they did not have to do any credit on us nor anyone else.

We just stopped paying, but we were billed monthly.

I stopped paying and that's when they started calling me and saying that they could ruin out credit.

I would be a little careful also with listing it, we did that also, and the cost to us was 350 I think and that was to asses the value, and they never contacted us again and dont even think they had it listed and we got that from an ad from tv.

I hope I helped, good luck.

Any help is appreciated. Thanks.

Ann
annie128
 
H

hobbitt

Guest
HomeGuru said:
The transaction occured in Canada. Read the fine print in the contract as it most likely states Canada laws apply. You need to hire an attorney.
The fine print under "Governing Law" states - This Purchase Agreement shall be governed by the laws of the Province of Ontario.

I tried contacting a lawyer and was told that they have no jurisdiction in Canada.....that I needed to contact a Canadian lawyer.
I am so confused. :(
 

HomeGuru

Senior Member
hobbitt said:


The fine print under "Governing Law" states - This Purchase Agreement shall be governed by the laws of the Province of Ontario.

I tried contacting a lawyer and was told that they have no jurisdiction in Canada.....that I needed to contact a Canadian lawyer.
I am so confused. :(
**A: why are you confused? The contract stated that Canada was the jurisdiction, therefore you need to hire an attorney licensed to practice law in the Province of Ontario.

signed,
Gandalf
 

FarmerJ

Senior Member
If your in western ohio windsor isnt that far find a canadian lawyer there and arrange for consultation .
 

annie128

Junior Member
I dont think you have to worry yet, I only know from my experience, but with you giving a ss number I dont know how that works. Me and my husband bought a car and a 2nd house both with a TRW check and nothing showed up on our credit report, this was well over 1 - 1 1/2 years of defaulting on payment and a few phone calls from collection agencys. You got to remember a collection agency is a business and they do get a big percentage of what they collect.

Another thing you might want to do before you shell out money is to call the 3 TRW places they were going to report you to and explain the situation and ask if they can take any neg and defaulting payment on something that is governed by the Canadian laws. There might be a small fee on this I think under 25.00.

Let me know what is going on I do look back on this site just to see your progress.

Ann
 

HomeGuru

Senior Member
annie128 said:
I dont think you have to worry yet, I only know from my experience, but with you giving a ss number I dont know how that works. Me and my husband bought a car and a 2nd house both with a TRW check and nothing showed up on our credit report, this was well over 1 - 1 1/2 years of defaulting on payment and a few phone calls from collection agencys. You got to remember a collection agency is a business and they do get a big percentage of what they collect.

Another thing you might want to do before you shell out money is to call the 3 TRW places they were going to report you to and explain the situation and ask if they can take any neg and defaulting payment on something that is governed by the Canadian laws. There might be a small fee on this I think under 25.00.

Let me know what is going on I do look back on this site just to see your progress.

Ann
\


**A: Ann, please clarify your statement in reference to "call the 3 TRW places".
I believe you are referring to 3 credit reporting bureaus or agencies of which TRW may be one of the 3.
The other 2 are Trans Union and Equifax. There are also smaller companies but those are the 3 major players.
 

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