Timeshare Property Holding Company
Dear Owner,
The largest problem facing the community is that of community debtors, and one which receives our constant attention.
At the moment the process in dealing with debtors is to block the villa from their usage, employ professional debt collectors and as a last resource, initiate legal action through the Spanish court.
Wimpey, in its day, sold timeshare using the only secure system at that time namely the Escritura (public registered deed). However, it failed to recognise the problems that owners would face when they reached an age when visiting their timeshare resort was no longer an option and in particular, when one of the partners who signed the Escritura, is deceased.
WimPen regularly receives letters from owners who have no further use for their timeshare and wish to surrender them without cost in order to avoid their maintenance fee commitments but sadly, we are not able to accept them, firstly because we ourselves are not able to take over the responsibility of paying the maintenance fees and secondly, because the owner has to provide NIE numbers and Powers of Attorney from the two partners who originally signed the Escritura and pay the legal transfer costs of approximately £1,000. In many cases, one of the partners is deceased, and the survivor is faced with obtaining an “Inheritance Escritura” costing a further £1,500.
The object of this report is to offer advice on what action owners can take to avoid persecution by debt collectors or the Spanish courts when the time comes that they can no longer visit the resort.
As you know, when an owner becomes a debtor, WimPen block the villa and offer it for rental. If a rental is achieved, the income is credited to the debtors’ account however rentals cannot be guaranteed, particularly in the current economic crisis and also certain weeks in the low season are difficult to rent.
If you have no descendants or your descendents have no interest in taking over your timeshare, you should act now whilst you are both alive to ensure that your spouse is not left with the consequences of becoming a Community debtor.
As agreed at the AGM, a property holding company has been formed by WimPen and any owner can now transfer their weeks into the property company and continue their ownership by means of a private contract which would enable them, under certain conditions, to surrender their weeks without cost and distress to the survivor in the case that one of the partners who signed the Escritura is deceased. It also enables you to sell the weeks in the future with a minimal transfer cost of say £100.
Unfortunately, transferring the weeks to the property company, does not come without cost since under Spanish law, it is effectively a property sale that carries the requirement of obtaining NIE numbers and Powers of Attorney.
There are various ways to obtain Powers of Attorney and NIE numbers one of the easiest ways is to obtain them when you are on holiday at the resort and we are able to offer assistance to anyone who opts for this system. If you are not able to visit the resort, we are also able to offer you advice on how to obtain them in the UK. The legal transfer costs to the property company are approximately £1000, which although significant, is minimal in comparison with the distress that is caused to a surviving spouse who is being pursued for debt.
If you wish to take advantage of the private contract facility, then please contact Ian Crane at WimPen´s Head Office who will offer guidance on how to proceed.











