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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being harrased by a debt collector by a holiday company

Resolved Question:

I am being harrased by a debt collector by a holiday company called Travel-pass they sell cheap holidays in Malta. We heard there speech and toured the hotel and paid o£100 deposit but when we tried to check them out on the website they said they had there was nothing so we sent email to say we were no longer interested as we were not 100% happy with there offer and the price of over £1000 was a lot of money to pay out after a one hour visit and no way to check out there company they said there was no cooling off period and 16 months on they have debt collectors sending final demands and threatening us with bankruptcy court if we do not pay
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was this for timeshare? When did you sign and when did you cancel please?
JACUSTOMER-x2vd53q1- : They don't call themselves timeshare it was 25th September 2012 we cancelled 26th September 2012.
Alex Watts : What is it you were buying, point or membership?
JACUSTOMER-x2vd53q1- : To get cheaper holiday hotels .but according to people on trip adviser they never got the dates you want or countries you ask for and you end up with different hotels
Alex Watts : So it is membership? How did you book this, over the Internet?
JACUSTOMER-x2vd53q1- : Yes now they have got a website I don't know when it was up and running as I gave up.you look at places on there web then I think you ring them and try and book
Alex Watts : And that is how you booked online?
JACUSTOMER-x2vd53q1- : I never booked anything we did not want to go as far as that we tried to cancel membership way way before getting that far .but according to trip advisor notices from other people that is what you have to do .one post on there say that it is a scam setup and the Maltese government tried to stop it when they were called Exclusive Club but they come back we another name and start again
Alex Watts :

So you cancelled before you even went?

JACUSTOMER-x2vd53q1- : We cancelled the very day after the promotion chat at there sales venue in Malta we cancelled the membership to there club.
JACUSTOMER-x2vd53q1- : They want £1150 to be a member we paid £100 deposit for this at the time and they wanted the balance the next day but we cancelled the whole thing instead we new we would lose deposit but at the time we just had to swallow that
Alex Watts :

Was this annual membership or one off fee?

JACUSTOMER-x2vd53q1- : One off l but it went up the next year to £3000 the initial payment was like an introduction to get you on board
Alex Watts :

Yes. But it is annual membership?

JACUSTOMER-x2vd53q1- : Yes
Alex Watts :

OK - then regardless it comes under Timeshare Regulations

Alex Watts :

This means you have 7 days to cancel.

Alex Watts :

You cancelled after 1 day

Alex Watts :

Therefore they can try and take you to Court but they are in breach of the Regulations

Alex Watts :

If a membership is for 12 months or more then it comes under Timeshare

Alex Watts :

So not worry, you cancelled within the cooling off period - they can not make you pay any more

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-x2vd53q1- : Does it they told us they have different rules to timeshare because you can only use it for 363 days a year but you can book in advance for 22 months is this just a get out
Alex Watts :

They would tell you that of course. But the Timeshare rules apply.

Alex Watts :

If you can book for 22 months then clearly that is over 12 months

JACUSTOMER-x2vd53q1- : What can I do I am so worried I am not sleeping at night and it is on my mind the whole time
Alex Watts :

You just write and say it comes under Timeshare.

Alex Watts :

Say they can issue proceedings but you will defend it.

Alex Watts :

Call their bluff

JACUSTOMER-x2vd53q1- : Do you think we would win in court
Alex Watts :

I do yes

JACUSTOMER-x2vd53q1- : Can I say I have been in conversation with you as a solicitor and this is what you have advised
Alex Watts :

Of course.

JACUSTOMER-x2vd53q1- : Can you give me a brief if what I say to them and do I send it to the debt collector Daniel Silverman or Travell-pass
Alex Watts :

You point them to the Timeshare Regulations and say that it applies for things over 12 months. The fact they say it is 363 days is irrelevant. You can book for 22 months and this clearly shows that it is over 12 months and designed to try and circumvent the Regulations.

Alex Watts :

In any event they are breach of regulation 5 of the


The Unfair Terms in Consumer Contracts Regulations 1999

Alex Watts :

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Alex Watts :

Does that help?

JACUSTOMER-x2vd53q1- : How much would it cost and is it possible for you to email them for me
Alex Watts :

Sadly I can not be instructed, it is against site rules

JACUSTOMER-x2vd53q1- : But I it's ok for me to mention your name
Alex Watts :

Of course

JACUSTOMER-x2vd53q1- : If I save this conversation can I show it if I get to court
Alex Watts :

Yes of course.

JACUSTOMER-x2vd53q1- : Thank you Alex I hope they will take note now and bail out
Alex Watts :

All the best

Alex Watts :

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JACUSTOMER-x2vd53q1- : Would you suggest I go to a solicitor and get a letter sent or do you think my stating what you have told me will be enough does the letter go to debt collector or the company
Alex Watts :

No, you dont need to - just send the letter as I have suggest above

JACUSTOMER-x2vd53q1- : Thankyou I will mark my experience with you as good service
Alex Watts :

Thank you - please remember to leave feedback before you go today!

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