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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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Good morning. I attended a meeting, on 14th April 2014, with

Customer Question

Good morning.
I attended a meeting, on 14th April 2014, with regards XXXXX XXXXX myself from my ‘timeshare, with Monster.travel. During the meeting I felt pressured into getting rid of my timeshare their way. I signed the documents and left feeling drained after a 4 hour long meeting.

When I signed the documents and went home my husband and I decided that we would return the documents within the 14 days cooling off period. I received 2 phone calls, one from the Manager and one from an employee in Teneriffe. I informed them both that I would not pursue the transaction and was withdrawing. I sent the withdrawal notice to the office in Bournemouth, which is where I had the meeting, on 19th April 2014.

They have stated that they did not receive any documents! And I should send them the ‘proof of sending’. I did not get proof of sending as it was only a letter confirming cancellation.

They have now come back to me saying I have to pay them the £5,500 immediately.

I e-mailed a copy of the cancellation letter/documents etc but they have stated that this is now out of time. They are now wanting full payment of £5,500 immediately.
I do not have this amount of money to give them and feel very upset with their ‘pressure’ tactics.
I realise now that I sent the documents to a different office, but surely they would have been able to forward or fax them to the other office. They are wanting full payment immediately as they have stated that they did not receive documents in time (14 days cooling off period).
I really do not know what to do now.
Thank you

Jackie
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

Hi Jo, what further information do you require?

Customer: replied 3 years ago.

I keep entering my e-mail address and a red notice comes up saying it is an email address from another account holder. Not sure why! I do not want to miss out on your response

Expert:  Jo C. replied 3 years ago.
You need to email customer services about your account situation [email protected] but I'm sure its just a site bug.

I was just wondering what you needed to know about this?
Customer: replied 3 years ago.

Hi Jo. Do you have an answer to my original question regarding the time share issue yet?


 


 


 


PS: I will sort other issue of account [email protected]

Expert:  Jo C. replied 3 years ago.
Thanks.

I have read your question above and understood the facts. However, that post does not contain a specific question unless I have missed it?
Customer: replied 3 years ago.

Hi Jo


I needed to know if I still have to pay £5,500 to Monster.travel, even as I withdrew the contract. They are saying I have to pay as the deadline for withdrawal is 14 days, of which I did. However they are saying it has not been received. I e-mailed a copy of the withdrawal yesterday, but they are telling me it is not acceptable.


Please can you assist.


 


Thank you


 


Jackie

Expert:  Jo C. replied 3 years ago.
Did the contract say how you should cancel specifically?

What does it say on the point?
Customer: replied 3 years ago.

Yes it did, they gave me documents relating to the withdrawal of which I completed and posted back to them.


 


What do you mean 'on the point'? Is it specific instructions, if so yes. However I did not send it recorded which is what they keep asking me, and I told them I did not as it did not state on the form about proof of posting. It was only 2 pages.


 


They have now sent me an e-mailing asking if they can ring me


 


Jackie


 


Jackie

Expert:  Jo C. replied 3 years ago.
No, sorry.

Did they tell you how you could cancel? On the face of it, I cannot see what is wrong with an email cancellation.
Customer: replied 3 years ago.

No they did not tell me exactly, they just gave me the withdrawal form amongst the other paperwork.


 


I filled in the on-line withdrawal form yesterday with exactly the same information that was on the one posted.

Expert:  Jo C. replied 3 years ago.
Thanks.

In that case, quite frankly, their objection is ridiculous.

You have a cooling off period. You used it. You cancelled by email using their forms. The fact that they dont like receiving a cancellation is not a ground to refuse it.

If they wanted you to cancel in a particular way and not another then it should have been included in the contract. It was not. Even if it were then you have been able to use UCTA to strike it down anyway.

Obviously they may well not accept this and they may even sue but the matter is not going to conclude in their favour.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi


What is UCTA?


 


The fact that they are saying they did not receive the posted cancellation form, I was not informed of this. The only reason I found out it was not received was when they contacted me asking for the full amount. Surely the e-mailed one would suffice. The e-mail was after the 14 day cooling off period, but the posted one was within the 14 days. Still within 30 days.


 


Do I need any other sort of legal advice if they do decide to sue. This is really making me ill.


 


J

Expert:  Jo C. replied 3 years ago.
The Unfair Terms and Contracts Act.

The email one will suffice. If they wanted cancellation in a particular form then they should have made that clear in the contract.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Jo.


 


I may need to speak with you again.


 


Regards


 


Jackie

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

Hi Jo, can you confirm you received my 'question' this morning attaching the e-mail from Monster.Travel. I cannot find it, unless it went onto another page, as I started from the beginning.


 


Regards


 


Jackie

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?
Customer: replied 3 years ago.

I send a message to you this morning attaching the reply e-mail from Monster.Travel. I was not sure if you received it.


 


Jackie

Expert:  Jo C. replied 3 years ago.
No, I haven't seen anything?
Customer: replied 3 years ago.

Please see below:


As discussed, I did speak to you and you did indicate that you were going to withdraw however you as the customer are responsible for ensuring the correct procedure if followed. The withdrawal instructions are very clear advising that the notification should be sent to :- Hollywood Marketing SLU, CC Fanabe Plaza 340, Avenida Bruselas, 38660 Costa Adeje , Tenerife. I can assure you that no notification has been received at our Bournemouth Office You informed me that you no longer had your original contract so I sent a copy purely for your records , to which you backed dated the notification which is not acceptable.


On speaking to yourself and your husband at the time of signing the agreement it was made very clear by yourself that this agreement was solely yours ,as was the original purchase of the Timeshare Ownership. You did also advise that you was already retired so I am slightly confused as to your comment in the email in which you state your employment status has changed. Our standard documentation asks the customer ¨ is this purchase affordable and how are you going to fund this to which you advised that this was affordable and that this would be a cash purchase¨ ( as opposed to customers that may need to finance the purchase ).


Whilst we would always endeavour to conclude business amicably with all of our customers ultimately the contract is enforceable. I am sure your legal representative will confirm that you are fully liable for the monies due as agreed and I assume that you will update me as soon as your Barrister has got back to you.


I am going to be away from the office until Tuesday and would ask that should your Barrister need any further details to contact me on my return.



There is play on words!! I said I was retired from working inthe future. I am only 59yrs old and cannot officially retire until I am 67. With regards to me saying is was a cash purchase was probably only said under pressure, although I do not recall that comment.

Expert:  Jo C. replied 3 years ago.
Well, the issue is whether cancellation was properly sent anyway.

If the contract says that cancellation should be to a certain address and it was not then that could arguably be a problem.

It depends whether the email was for that address or not.
Customer: replied 3 years ago.

Oh dear, stupid mistake on my behalf, I know now, but just assumed they would forward it on. Looks like I will have to pay the money then. Thank you Jackie

Expert:  Jo C. replied 3 years ago.
I wouldn't go that far actually.

You can still rely upon UCTA to argue its a term that amounts to an unfair term.

Also, its not all that likely that they would sue.
Customer: replied 3 years ago.

It looks like I will need to engage with a Solicitor, I think this may be the only other way to go. I have heard of a solicitors firm called TLW Solictors who work on a no win no fee basis. Is this a good ideal?


Thank you again for your help


 


Jackie

Expert:  Jo C. replied 3 years ago.
You could try a no win no fee firm. I would be surprised if anybody thinks this type of case is suitable but its worth investigation.
Customer: replied 3 years ago.

I have contacted a no win/no fee company and they have they would not take it on, and probably no one would.

Expert:  Jo C. replied 3 years ago.
No, its not really suitable.

I don't think you need legal representation at this stage. Just continue negotiating.
Customer: replied 3 years ago.

Hi


 


Ok I will. I will also come back to you with the outcome


 


Jackie

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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