Debt collection -- Attempts to collect debt not owed -- Complaint #5678371

Complaint Overview

Complaint ID: 5678371

Company: Aspen National Financial, INC.

Product: Debt collection

Sub-Product: Other debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt was paid

State: Hawaii

ZIP Code: 96819

Date Received: 2022-06-16T12:00:00-05:00

Date Sent to Company: 2022-06-16T12:00:00-05:00

Company Response: Closed with non-monetary relief

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I received correspondence for a debt for my XXXX XXXX XXXX XXXX ( Association ) Timeshare from Aspen Nation Collections dated XX/XX/XXXX. I sent them a written notice on XX/XX/XXXX stating that I already relinquished my interest and obligation to the Association in writing. To date, they have not provided to me, and the Association has continuously refused to provide to me, any relevant authority that would obligate me to be held responsible for assessments and fees after I have given proper notice to relinquish my timeshare interest per their agreement. A review of the Deed ( the Declaration was not enclosed ) and the statutory authority that they have provided understandably allows for assessments to be imposed to timeshare owners and reserves the right to secure a lien against the timeshare interest if the timeshare owner is delinquent in paying outstanding assessment amounts. However, as stated previously, I did not possess any timeshare interest or have any timeshare obligations prior to the Association imposing fees supposedly resulting from assessments. On XX/XX/XXXX, I properly exercised my right to relinquish my interest and obligations and provided written notice to the Association prior to the Association imposing any assessments and fees. Subsequently, on XX/XX/XXXX, the Association emailed me a notification of an outstanding balance in the amount of {$1100.00} for the XXXX annual fee payment. At the time of the purchase of the timeshare interest and signing of the contract on XX/XX/XXXX, the Association, by and through its representative, employee, or agent, has expressly represented to me that I would be able to exercise a right to relinquish my interest and obligations as a timeshare owner : 1 ) upon written notice ; and, 2 ) after I have paid in full the cost of the time share interest, which, I have done. ( It appears that the Association is taking the position that this representation is false, and if this false statement was made by their representative, employee, or agent to induce me to make the purchase, such a scheme would be quite deceptive ). This was a material term that I relied upon at the time of the agreement. I have requested the contract from the Association, and the Association has confirmed on more than one occasion that no executed written contract exists. To date, Aspen National Collections has NOT provided me authority that refutes my unequivocal understanding of the terms of the agreement that authorizes me to exercise my right to relinquish my timeshare interest and obligations after written notice and the satisfaction of the cost of the timeshare interest.

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