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 tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

My aunt (a pensioner) was pressured into attending what was

Resolved Question:

My aunt (a pensioner) was pressured into attending what was a long meeting at the end of which she was bullied into signing an agreement to buy 30,000 points (£6510) and surrendering one of her physical time share weeks. She does not have the money and they are threatening bailifs daily.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

When you say she was "pressured" and "bullied" - do you mean physically or something else?

Customer:

Not physically, they just kept at her with sales talk until they wore down her resitance.

tdlawyer :

When did all this happen please?

Customer:

21 January 2014

tdlawyer :

Did she write to cancel within 14 days?

Customer:

No. She just panicked and did not know what to do. When she started receiving calls saying that the bailifs would call, she contacted me for help.

tdlawyer :

Okay - one final question from me, did the timeshare agreement contain information on her cancellation rights and include a cancellation notice?

Customer:

Ther appears to be a rights of withdrawal notice in her contract. It is vaguely worded but says 'where the consumer has not received the information .... but in any case after 3 months and 14 days.

tdlawyer :

It's worth double checking the agreement you have with the Regulations, to make sure it complies with the key information requirements: http://www.legislation.gov.uk/uksi/2010/2960/contents/made

tdlawyer :

It's section 12 that refers.

tdlawyer :

If they have failed to give all the required information, it should still be possible to withdraw from the agreement.

tdlawyer :

This is so long as she has done nothing that would affirm (or recognise) the agreement since entering into it.

tdlawyer :

Ideally, because you've managed to catch this quickly, I would recommend that you take the agreement (and your aunt) to a local solicitor to review the agreement (if you don't feel comfortable doing it) and to advise on the cancellation rights. Spending £250 plus VAT or so now would be well worth it to get her out of this, it could cause a lot more pain otherwise later on.

Customer:

OK Thanks, XXXXX XXXXX to local solicitor.

tdlawyer and other Law Specialists are ready to help you