I need some advice, serious problem (update 05/05/09)

[Lovemy3babes]

Lovemy3babes, be sure you exhaust all reasonable efforts to get your trip reshceduled before you give up. If these points expire on 9/30 you will NOT be able to take a trip later than that time. Have you requested any specific dates with him? If not, I would advise you to do that first. If you don't get any response from him on that point, then proceed with other options. Has he responded AT ALL to any of your querries?

Hi again. I sent him several weeks that might work. And no, no response to any of it.

 

[calypso*a*go-go]

You should go to the Orange Co. Comptroller's website and enter the owner's name to see if he still has the points. Could be he's sold them or something and that's why there's been no response. Here's the link:
http://officialrecords.occompt.com/wb_or1/or_sch_1.asp

 

[Lovemy3babes]

You should go to the Orange Co. Comptroller's website and enter the owner's name to see if he still has the points. Could be he's sold them or something and that's why there's been no response. Here's the link:
http://officialrecords.occompt.com/wb_or1/or_sch_1.asp

Hmmm, I found him but am not sure if I am looking at it right. I see the original mortgage, some other notices and then the last thing is the mortgage being paid in full. (I think.) Not sure if he still has the points, I am assuming yes then, right?

I plan on contacting the Dis mods today. Not sure if they can do anything at all but I want to provide them the info, just in case.

 

[dianeschlicht]

Hmmm, I found him but am not sure if I am looking at it right. I see the original mortgage, some other notices and then the last thing is the mortgage being paid in full. (I think.) Not sure if he still has the points, I am assuming yes then, right?

I plan on contacting the Dis mods today. Not sure if they can do anything at all but I want to provide them the info, just in case.

Not just the DIS mods though. You need to contact DVC about this and give out the information they asked for to begin with. If he had made ANY effort to communicate with you, that would be one thing, but it sounds like he has made no effort at all to communicate. Did you not hear from him at all when you offered some dates that fell into the proper time frame before 9/08?

 

[Lovemy3babes]

Hi Diane,

Yes, I will contact DVC as well. And no, no response when I emailed him dates. It's all just very odd. I'd even take an email that tells me to get lost. LOL! I just have gotten NOTHING from him.

 

[wdwstar]

do you have his phone # or address ? If i was renting points, i would have a contract, their name, phone # and address, the more info the better you are in the long run. Maybe something just happen to them and that is why you have no responce from them. did you send a check, money order or use a credit card thru paypal ?

 

[Dean]

Hmmm, I found him but am not sure if I am looking at it right. I see the original mortgage, some other notices and then the last thing is the mortgage being paid in full. (I think.) Not sure if he still has the points, I am assuming yes then, right?

I plan on contacting the Dis mods today. Not sure if they can do anything at all but I want to provide them the info, just in case.

If you can't find a deed with this person as a seller then that's one positive thing.

 

[JimMIA]

do you have his phone # or address ? If i was renting points, i would have a contract, their name, phone # and address, the more info the better you are in the long run.

I would try all avenues of contact you have before contacting DVC...not just the easy one - email. If you mailed them a check, I'd write them a letter, possible certified with return receipt requested.

Whatever leverage reporting the owner to DVC gives you, I would hold as a last resort. I'd only use it after everything else has failed.

If you paid by credit card or Paypal, you could also explore disputing those charges, but again, I wouldn't try that until you have exhausted all means to recontact the owner.

 

[Lovemy3babes]

Hi everyone.

I am working with the Dis mods right now. There is really nothing they can actually do but I want them to have the info.

I am going to send a final email today. I am also drafting up a letter that I will mail to them certified when I return to work. (Off with the kiddos on Christmas vacation!) I have tried numerous calls, emails and one letter before. If these two things don't get his attention, I think I may be out of luck.

I'll save the DVC phone call as a last resort. Thanks again for all of your help.

Kelli

 

[Lovemy3babes]

Oh, I did pay via Paypal. But since it's over 45 days, I cannot open a dispute. Bummer.

 

[DVC Mike]

I called Disney the other day. They said there was nothing they could do money wise but really wanted his name and information. I felt so guilty and like I didn't to get anyone in trouble that I said I would call back later and hung up. I haven't called back.

It's been over a month and a half. I would contact DVC and give them the information they requested regarding the owner.

 

[Anal Annie]

One question though. Disney did request that I provide the owner's name and information. I have not done so. Should I? Or would that just seem spiteful? I don't want to make waves.

ABSOLUTELY! You've been trying to work out a resolution from the owner for almost 5 months (since your original request to re-schedule). I say time's up for this loser! He owes you a response of some sort and a little more explanation for his behavior. Go ahead & make some waves and good luck!

 

[Inkmahm]

Oh, I did pay via Paypal. But since it's over 45 days, I cannot open a dispute. Bummer.

Did you pay with cash from a bank account or is your paypal attached to a credit card? If a credit card, you can STILL go through the card to make a dispute. Paypal doesn't like it, but I say "too bad" to that.

 

[GoofysGal33850]

Hi everyone.

I am working with the Dis mods right now. There is really nothing they can actually do but I want them to have the info.

I am going to send a final email today. I am also drafting up a letter that I will mail to them certified when I return to work. (Off with the kiddos on Christmas vacation!) I have tried numerous calls, emails and one letter before. If these two things don't get his attention, I think I may be out of luck.

I'll save the DVC phone call as a last resort. Thanks again for all of your help.

Kelli

If you call us, don't start off by saying "I am not a member"

Let the advisor know that you rented from someone who has not contacted you, and that you know the ressie was cancelled and you are only calling to report the name of the member to make us aware. We cannot look at the membership with you on the phone, but we can report the name to management and THEY can look at it. We cannot due to membership information confidentiality.

Barring that, it may just be easier to send an email to dvcmembersatisfactionteam@disneyvacationclub.com, as it will essentially do the same thing. Let them know his name and his address and phone, as well as yours so they can verify they have the right member.

It could also be that the member has defaulted on his dues (you said his mortgage was satisfied, correct?) and is unable to make reservations, or to bank and borrow.

 

[calypso*a*go-go]

GoofysGal33850 -- I think you have provided some great info/advice for OP.

 

[Lovemy3babes]

Did you pay with cash from a bank account or is your paypal attached to a credit card? If a credit card, you can STILL go through the card to make a dispute. Paypal doesn't like it, but I say "too bad" to that.

It came right out of my checking account unfortunately. Do you think the bank might have something to offer?

 

[Lovemy3babes]

Thanks Goofysgal! And thanks to all of you for hanging in there with me. I feel like a fool for all of this. I just want to get back to Disney someday. LOL!

 

[3DisneyKids]

Count me on the side of reporting him to DVC AND sending a certified letter. I would also go with small claims court. I believe it is only a $25 fee to file in NH....not sure about MN. Sure, it is still more money out of pocket, but for me, it would be worth the $50 or so dollars just to cause him the stress of a lawsuit since has has caused you so much stress.

Good luck and keep us posted.

 

[KellyDVC]

I truly hope you are able to get some satisfaction from the deadbeat. But from reading your notes, if you did not cancel, I suspect that you may have arrived at your DVC resort to find you did not have a reservation anyway. Do you know when the reservation was cancelled? I think it is possible that it was cancelled before you ever cancelled with him.

My wife and I went the legal route to get some unearned money back from another sort of deadbeat - and it is nearly impossible. What state and/or county was he from? Is it possible for your to sue, or file suit against him? If close enough to drive, you can file suit on your own - no attorneys fees. But you will have to go back several times (file, present initial case, judgement, etc.), but then your judgement does not guarantee payment. But he may be quite surprised to see his name on a suit and be served legal documents, and then pay before it goes any further.

Thanks for your time and good luck!

Brian

 

[JimMIA]

Count me on the side of reporting him to DVC AND sending a certified letter. I would also go with small claims court. I believe it is only a $25 fee to file in NH....not sure about MN. Sure, it is still more money out of pocket, but for me, it would be worth the $50 or so dollars just to cause him the stress of a lawsuit since has has caused you so much stress.

Good luck and keep us posted.

Unfortunately, filing a small claims court case is only the first step in a rather long and uncertain process. And the fee to file is only the beginning of the costs.

In addition to filing the claim with the court, you would then have to hire someone to actually serve the court notice on the defendant. No service = no case. Once that's done, he has a short period of time to either respond or not. If he doesn't respond, the plaintiff gets a "default judgement." If he responds, a trial date is set.

Assuming the plaintiff prevails in court, she would get a judgement for the amount determined owed by the court, usually including attorney and court fees to date. If it were that simple, everyone would be in small claims court, but it's not that easy.

The defendant probably would not pay the judgement, so it would be up to her to enforce the judgement. That means locating and attaching some asset the defendant has. There are two obvious assets: the DVC account in Florida, and the defendant's bank account (which she could determine from the cancellations on her check).

Assuming she had a judgement in MN, she would then have to hire an attorney in Florida or the state where the bank account was to "domesticate" the judgement in that state. Domesticating a judgement is sometimes easier said than done, especially with default judgements which are easily challenged.

IF she could domesticate the judgement in Florida, she would then hire someone to serve a demand on DVC, or to place a lein on the DVC account. I don't know if that would freeze the account or not -- my guess is it wouldn't as long as he kept the dues current, in which case, she would not collect until he sold the DVC account. In the meantime, she'd have to keep the judgement in effect.

If she went after his bank account, she'd have to hire someone to do that, which would require both luck and skill to catch the account when there was enough money in it to satisfy the judgement. Or, they'd have to hit the account several times, but usually once the account gets attached, the defendant moves the account to another bank and the whole Sherlock Holmes thing starts all over again to locate the new account.

Unfortunately, it's not as easy as Judge Judy. In fact, it's so much fun, there are law firms and investigative firms that do nothing but help people try to enforce judgements.