www.iva.co.uk

Hi All,
I bought a timeshare in Tenerife about 10 years ago for £1500, it was only 1 week per year, i stopped using it when i split from my husband and the maintenance charges were £300 p/a.
I sent back the deeds (to the company in Tenerife - no english company involved) about 3 years ago, and confirmed at the time that they had received them, i was told that they would re-sell the week and i wouldnt have to do anything else.
I have just received a bill for 3 years unpaid maintenance charges!!!and they are passing my debt to a debt collection comapny in the UK
Have only just received the bill as it was sent to an old address
I'm in an IVA now - what should i do????

Hi
Contact your IP,it is not unusual for debts to have to be included after an IVA has been agreed.Your new creditor will be invited to join the IVA and,in genral,as long as you final dividend remains near enough the same[within 10%]your other creditors will not have to vote again.
Regards

You will firstly need to find out what has happened to the timeshare week, as if the resort owner has sold it then there is no longer any requirement to pay maintenance fees - and the sale proceeds should have been used to minimise the claim in the first place.

Can they legally transfer the jurisdiction of the debt to the UK ? If so, have they done so ?

Sounds to me like this is open to challenge its enforceability and legality in terms of amount so say owed !

Under cross-border provisions I would have thought that the debt (if one is due) could successfully be pursued against the debtor in the UK, but your point is certainly worth looking into.

Appartently - They are looking to take legal action through the spanish courts
Also they say that the preffered route would be for the community (El Marques timeshare community) to purchase the week but this is not possible under spanish law, as a community is not classified as a trading entity
Wimpen are allowed to buy them - but will only buy weeks in high seasons
I wonder if they would like to pay for me to go to spain to fight my case!!!!