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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was cold called yesterday by a company based abroad about

Resolved Question:

I was cold called yesterday by a company based abroad about a "bonus "holiday week..not so much bonus because at the end the cost was £295...and they would take that in euros (that's how we gathered they were abroad)...it seemed a great deal and stupidly we succumbed ....it was a good spiel...after paying by credit card...we had second thoughts...not at any time was there any mention of a cancellation policy....so panicking we were taken in...we cancelled the credit card as the payment had not gone through......we are now being hassled by this holiday company that we owe them the money,as we agreed on the phone and it is not for them to talk about their cancellation policy,it is for us to ask...could you please inform us to what our rights...thank you..Ursula
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you know where they are based?

Customer:

Tenerife

Ben Jones :

Why specifically did you cancel?

Customer:

Hi Ben..it was a cold call...but they said they got our name from a holiday company Interval International...which is in partnership(if that is what you call it) with Diamond resorts...of which we are members....most probably we did not tick the box which allowed our details to be shared....Basically we canceled as we thought it a scam...after 2 calls from them saying we still owe the money...we are not happy with their hard sell...could be genuine ...but we did not want to take the risk

Ben Jones :

Generally if you had agreed to go on the holiday and had paid for it, that would be a legal agreement which you would be bound by. There are laws that deal with sales over distance, such as over the phone, where you get an automatic cancellation period, but they do not apply to package holidays. Part from that the law does not give you an automatic cancellation period so if the company did not offer you one or did not mislead you into thinking there was one where there actually wasn’t, you would not usually be able to cancel. Therefore, you may potentially be acting in breach of contract if you had cancelled it without having the contractual right to do so.


 


However, all is not lost. It is not uncommon for companies in their position to kick up a fuss about this and make all sorts of threats about the money you owe them and tell you that the law will come crashing down on you if you do not pay. They can threaten you as much as they want but unless they actually go ahead and take this to court and win, obtaining judgment against you, you cannot be forced to pay them. Due to the relatively low amount involved, the fact they are abroad and the general costs and time involved in claiming, I do not see it as a likelihood that a claim will actually be made in this case. They could just continue threatening you and eventually give up, so you could try and calling their bluff to see how far they would take it. Of course if you see a claim being made against you then you need to reconsider your position and see if it is worth paying them to stop that but until then you can stand firm and hopefully this steam will all just blow away eventually.

Customer:

thanks that's sound advice you have given us....can they go debt collectors or do they have to go to court first...and can they affect our credit rating...by the way it is not a package holiday...as it is just for accommodation in so called luxury resorts...it is a week to be taken anytime in the next 4 years...does that make a difference?

Ben Jones :

They can go to debt collectors first but they have no legal power to force you to pay them and they just serve as a nuisance and a threat, your credit rating may only be affected if they go to court and win and then you fail to pay them within the defined period

Ben Jones :

the nature of the holiday won't affect things

Customer:

You said there are laws that deal with sales over a distance..such as phone where you get an automatic cancellation period, but they do not apply to package holidays...so there is no protection at all for consumers...even though they are based abroad...why are holidays excluded...I'm grabbing at straws here....

Ben Jones :

they are not included because they have their own rules but these rules do not allow for immediate cancellation, you are protected if the holiday is not as described for example

Customer:

Just been looking online at their website ...nowhere is there company registration in Spain or Uk...nether do they provide.an office or company address...no mention of any terms or conditions on the web site

Ben Jones :

this would not allow you to cancel I am afraid

Customer:

Many thanks Ben...we'll brave it through....just pleased our credit rating cannot be affected without going to court...thank you for your excellent service...have a good day..Ursula

Ben Jones :

you are most welcome, all the best

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