How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45391
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

We think that we have been caught in a scam. We have two weeks

Resolved Question:

We think that we have been caught in a scam. We have two weeks timeshare located in the UK and contacted an organisation which promised to get our names removed from the deeds so that we would not have to pay any more maintenance fees. They also said that they could get compensation for the mis-selling of time share. The company in question is Independent Timeshare Refund Action (ITRA). We have paid them £4800.00.

We have been told that this may not be a genuine company although the money was paid to a firm of chartered accountants in London which led us to think at the time that they were genuine.

We believe that they are registered abroad.

Can you advise?

R A Watling
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What was the money paid for?

Customer:

To get our names removed from the deeds of the two weeks timeshare

Ben Jones :

ok let me get my response ready please

Ben Jones :

Due to widespread fraud in the timeshare industry, European lawmakers introduced certain regulations which apply across all European countries. The main piece of legislation is 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 offered the chance to dispose of your timeshare and have been asked to pay any money in advance of or during this cooling off period, then that is an unlawful request and suggests that this is most likely a scam. The request is often disguised as a requirement to pay certain fees, such as legal fees, taxes, insurance, deposit, etc. However, none of these would be valid reasons and you should not be required to pay anything within this initial 14 day cooling off period.


 


If you have already paid something, 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.


 

Customer:

We bought the timeshares some years ago so the time limit does not apply. However the maintenance fees keep rising and being on a pension I cannot afford them any longer so was looking for a way to get out of them. Originally the timeshare company said that they would always buy back if at any time we found our circumstances changed, but upon asking them about this they deny it and say that we must keep paying.

Ben Jones :

What time limit are you referring to?

Customer:

The 14 days

Ben Jones :

that is not counted from the time you bought the timeshares - the relevant transaction here is the attempt to sell them, so it is from then that it would count

Customer:

This took place in December/January so is still outside of the time limit.

Ben Jones :

ok in that case you may still contact them and query why a payment was taken when the law does not allow it and try to get your money back because the risk when you pay in advance is too great

Customer:

If this is a scam as we have now been told it may be then there will not be much chance - but are they genuine or not?

Ben Jones :

You say it is the Independent Timeshare Refund Action, is it not the International Timeshare Refund Action

Customer:

My apologies you are correct it is international

Ben Jones :

not great reviews to be honest, there have been reports of successful sales but they are far and in between. The issue is that they go through all sorts of different brokers and companies so that the company ITRA itself is not solely responsible, it is like a cooperative where they forward your case to a specific firm so it is hit and miss as to what you may get out of it. It is impossible to confirm if something is a scam until you have realised the money has been lost - it is how scams operate often

Customer:

So we are really no further forward

Ben Jones :

Well I cannot tell you, you are 100% involved in a scam, because unless you are the person behind this scam you would not know about it - the reviews are mixed so that is why you cannot get a definitive answer on whether it is a scam or not so all I can tell you is the law that covers this and what your legal rights are

Customer:

OK Thanks for your advice, although we are no nearer sorting this out at least we know that there may be dubious situations and will have to try and keep on top of the situation.

Ben Jones :

You are welcome, it is now a matter of trying to get the money back if possible by dealing directly with them

Customer:

Right I will contact them directly and see what happens.

Customer:

I take it that we are finished here now

Ben Jones :

It is up to you, I am happy to answer any further queries you may have

Customer:

I don't know of anything else so goodbye.Ray

Ben Jones :

ok all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45391
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice