Ask a Law Question, Get an Answer ASAP!
Hello, welcome to the website. My name isXXXXX can assist you with this.
When you say she was "pressured" and "bullied" - do you mean physically or something else?
Not physically, they just kept at her with sales talk until they wore down her resitance.
When did all this happen please?
21 January 2014
Did she write to cancel within 14 days?
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.
Okay - one final question from me, did the timeshare agreement contain information on her cancellation rights and include a cancellation notice?
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.
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
It's section 12 that refers.
If they have failed to give all the required information, it should still be possible to withdraw from the agreement.
This is so long as she has done nothing that would affirm (or recognise) the agreement since entering into it.
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.
OK Thanks, XXXXX XXXXX to local solicitor.