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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Following a call from Hotweeks I decided to proceed with the

Resolved Question:

Following a call from Hotweeks I decided to proceed with the purchase of 2 weeks holiday accommodation with them. Although I have made a payment for the holidays I have not yet signed a contract. On reflection and discussions with my wife, I would like to know if I have a right to cancel and receive a refund.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello is this a timeshare type of holiday?
Customer: replied 1 year ago.
It's not a timeshare, but it's a promotion for hotel accommodation administered by hotweeks. A one-off payment of £344 entitles us to 2 weeks accommodation at selected resorts abroad - each week can alternatively be split into 2 3-night breaks in UK. There is a requirement to attend a presentation each time, and I'm not happy about having to waste up to half a day on a 3 night break.
Expert:  Ben Jones replied 1 year ago.
Would you say that the following definition covers your situation: A contract where the consumer acquires the right to obtain discounts or other benefits in respect of accommodation, and which has a duration of more than one year, or contains provision allowing for the contract to be renewed or extended so that it has a duration of more than one year?
Customer: replied 1 year ago.
Yes - that seems to cover it
Expert:  Ben Jones replied 1 year ago.
OK, this will be covered under the European Timeshare Directive (implemented in the UK under the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010). The law provides for an automatic 14-day cooling off period from the date the contract is signed and makes it illegal for businesses acting as timeshare or holiday club sellers or resellers to ask for any payment from the consumer within that period. There is also the right to cancel the contract for any reason within that period without incurring any penalties. Therefore, if you have been asked to pay any money in advance of or during this cooling off period, then that is an unlawful request. Also you will have the right to cancel within 14 days of signing a contract and if you have not even signed that yet the right will still apply. If you have already paid something and/or wish to cancel, then you must contact them immediately and ask for your money back, citing the above legislation and reminding them of your rights and their obligations. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to pursue the refund if they refuse to issue it, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.