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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have a timeshare where the club constitution when I signed

Resolved Question:

i have a timeshare where the club constitution when I signed (2001) was domiciled in the Isle of Man. Due to various issues, poor management and lack of real maintenance actually happening in 2012 I refused to pay my maintenance fee anymore and returned my membership certificate to the committee.

I have now received a CC summons fo the outstanding two years fees + costs, penalties, etc.

I want to know if I can contest jurisdiction? If thjat fails will I then be allowed to defend as I originally intended?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

So that I am clear, where is the contract jurisdiction and where did you sign it please?

Alex Watts :

You are currently in the Isle of Man?

Customer:

no, living in Hampshire

Customer:

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.

Customer:

Contract signed in Nov 2001 in Cornwall, Lakeview Country Club, Bodmin

Alex Watts :

You can try and contest jurisdiction

Alex Watts :

However the difficulty you have is the contract states IoM

Alex Watts :

They will no doubt argue that it should be heard there and you will argue the mainland

Alex Watts :

You could contest it and see what the Judge thinks

Alex Watts :

But probably IoM law will apply because the contract says so

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Alex,

Customer:

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.

Customer:

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

Alex Watts : Ok.
Alex Watts : In that case I would certainly argue jurisdiction.
Alex Watts : The contract clearly states IoM and therefore should only be heard there.
Alex Watts : Does that clarify matters for you?
Customer:

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

Alex Watts : It's likely to be a good point for you, the contract clearly states IOM.
Alex Watts : but as you say they may be able to pursue you there, but that is a different matter.
Alex Watts : Can I clarify anything else? If not might I invite you to rate my answer today.
Alex Watts : If the system does not allow you please say
Alex Watts : If I can help further please click reply.
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