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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My wife was approached by telephone to purchase a membership

Customer Question

My wife was approached by telephone to purchase a membership entitling her to 2 weeks holiday accommodation plus a cruise. She was referred to a website for information after the call www.resortkey.co.uk and given a UK telephone number. She agreed to purchase on 9 January. When the papers finally arrived on Monday 28 January the company operates out of Spain.

Is my wife within her rights under EU Distant Selling Regulations to demand a refund under the 7 day cooling off period which we understand only starts with receipt of the papers?

many thanks
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Yes.

She has 7 days under the Distance Selling Regulations to cancel and get a refund.

The 7 days only starts once she has the cancellation documents.

As such she is still entitled to cancel.

If she paid by credit card then the credit card provider is also joint and severally liable under the Consumer Credit Act.

But yes the DSR do apply and she has 7 days cooling.

I hope this reassures you.



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Customer: replied 3 years ago.

Can you please clarify "once she has the cancellation documents". What are these and how do we get them? We have received the form to agree to the purchase which we were asked to sign and send back. We were promised the complaint forms would arrive by email by 4.30 today but of course they haven't.


Many thanks

Customer: replied 3 years ago.

For UK JUSTICE ONLY


Can you please clarify "once she has the cancellation documents". What are these and how do we get them? We have received the form to agree to the purchase which we were asked to sign and send back. We were promised the complaint forms would arrive by email by 4.30 today but of course they haven't.


Many thanks

Expert:  UK-Justice replied 3 years ago.
Once you sign - you have 7 days from that point.

So the date it was agreed and signed for.

I hope this clarifies.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

“For UK JUSTICE ONLY”



Thanks, XXXXX XXXXX should endorse/sign the signed agreement to say that we want to cancel under the regulations. Does this have to be with the company in Spain within the 7 day period or just signatures within that period? I hope that I am making myself clear.


 

Expert:  UK-Justice replied 3 years ago.
I would not sign anything.

I would just email, call and write to say you are cancelling.

Dont sign the agreement.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

“For UK JUSTICE ONLY”


 


Many thanks, excellent service. We will proceed as advised.

Expert:  UK-Justice replied 3 years ago.
Welcome.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

For UK Justice only


 


We received the complaints yesterday at 3.36pm although it was promised by 4.30 on Friday. I have completed it and it is ready for my wife to see - she is due from back from our daughters very soon. Would you care to review the comments attributed to UK Justice regarding legal advice?


 


The meat of my text follows:


Please give a brief outline of your complaint:
We finally received your papers on 28 January and on Friday 1 February around 3.45pm I rang the main number and spoke to Scott Brown and said that under the EU Distant Selling Regulations I wanted to cancel the contract and have my payment fully refunded. Scott said that there was no such legislation in Spain. He went on to say that the company did not give refunds. He went on to say that he could not authorise a refund of our payment. When I asked to speak to someone who did have authority he replied that only the Directors had that and that I would have to complete a complaint form which would go to one of the Directors for his/her consideration. He said that he would email a blank one within 20 minutes. (By the way it arrived at 3.36pm on 4 February from a Nick Beaumont.)
Following this call we sought legal advice from UK Justice and a Barrister advised that it is our right to cancel the contract (including by telephone) within 7 working days of the receipt of the papers and not from the sales telephone call. We did this on 1 February and again today via this email form.


How would you like us to resolve the issue?:
In accordance with the legal advice gained I want the contract to be cancelled and a full refund given. I also want our details to be removed from your calling database.


 


The form asks for a signature.


 


Many thanks,


 


regards, Mike Young


 

Expert:  UK-Justice replied 3 years ago.
Yes this seems fine!
Customer: replied 3 years ago.

Thanks.


 


I did accidentally by stupidly filling in the wrong text box on the screen post my question today as a new one! Please ignore it as it is an accidental duplicate.

Expert:  UK-Justice replied 3 years ago.
No worries :)

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