Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
So that I am clear, where is the contract jurisdiction and where did you sign it please?
You are currently in the Isle of Man?
no, living in Hampshire
It states on the Club constitution copy that I was given that the original documents are held by First National Trustee Co Ltd, International House, Castle Hill, Victoria Rd, Douglas, IoM.
Contract signed in Nov 2001 in Cornwall, Lakeview Country Club, Bodmin
You can try and contest jurisdiction
However the difficulty you have is the contract states IoM
They will no doubt argue that it should be heard there and you will argue the mainland
You could contest it and see what the Judge thinks
But probably IoM law will apply because the contract says so
Can I clarify anything for you about this today please?
They are trying to get me into a UK court but it should be the IoM as that's the place where the docs are domiciled. My point to contest jurisdiction initially is to test their resolve. I believe I have a good case anyway but am just looking to get shot of the timeshare without having to waste any more money.
If the contested jurisdiction was upheld how likely and consuming is them taking the case to IoM, I only supposedly owe them just over £1k.If I defend locally I will counter claim anyway, more to be bloody minded
It does, though how likely they are to follow up in the IoM? I've heard conflicting things and would like to know if they would go for it, or at least the likelyhood of that happening?Many thanks so far for your assistance