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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience:  Solicitors 2 years plus PQE
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We want to leave our holiday club based in Spain(not timeshare)

Resolved Question:

We want to leave our holiday club based in Spain(not timeshare) after 6yrs. There is nothing in our paperwork about penalties, other than if we don't pay our membership fee then our membership will be cancelled. The owner now says there has been an amendment to the contract and compensation is now owed on leaving the club totalling 5 years of membership fees approx. £600 and during the time we can continue to use the club.
My question is - we knew nothing about this amendment - is it legally binding? He's threatening legal discourse if we don't comply.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Is your contract under English law or Spanish law? If under English law, what does your original paperwork say about amendments?
Customer: replied 2 years ago.

All business is conducted from Spain. We originally paid money to a bank on the Isle of Man. I'm assuming that it's Spanish law. I can't see anything about amendments, it's just a mass of repeating paperwork. He's saying we will be in breach of our contract and they have the freedom to amend anything at any time. He quotes the attached

This Contract is legally binding and cannot be reversed, cancelled, or rescinded at anytime, except by written consent of both parties or otherwise in accordance with the terms and conditions of this Contract.

Customer: replied 2 years ago.
Relist: Other.
I haven't got an answer yet, I was asking the question to go out to all solicitors on line
Customer: replied 2 years ago.
Relist: Other.
I haven't got an answer yet, I was asking the question to go out to all solicitors on line
Customer: replied 2 years ago.
Relist: Other.
I haven't got an answer yet, I was asking the question to go out to all solicitors on line
Customer: replied 2 years ago.
Relist: Other.
I wanted it opened to other solicitors online - I haven't got an answer yet
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If you look at the contract does it contain a "Jurisdiction or Choice of Law Clause"? It will be somewhere towards the bottom of the contract?
Is this a Spanish Company?
Kind regards
AJ
Customer: replied 2 years ago.

yes, it's a Spanish company and no, there is nothing like that clause.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
As a UK consumer it is your right to defend the proceedings in the English Courts.
Ultimately under English Contract law you cannot unilaterally change contractual terms with the consent of the other party.
Furthermore a penalty clause for terminating the contract would likely be unenforceable in the English courts.
Finally it is a criminal offence to harass someone for money they do not owe. S.40 of the Administration of Justice Act 1970.
Does this company have an office in England?
What you need is a solicitor to write to them for you asserting your rights. They are trying to bully you and the gravitas of having a letter from a solicitor will make them realise you have been properly advised and are aware of your rights.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

No, their office is mainland Spain. That's all very helpful

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
They would have to pursue you in England due to your jurisdiction rights under the Treaty of Rome.
If you contact the Law Society they will be able to recommend someone that specializes in Spanish time shares who can help you right a letter to warn them off.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience: Solicitors 2 years plus PQE
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