I have written an email to Profeco and am waiting for a response.
In the mean time, I am outside of the 5 day period, does this mean I have no leg to stand on?
Thank you for your help so far.
I have read online that because the contract states it is governed by the laws in Mexico, Palladium Travel Club could only sue me in Mexico and the judgement would not be enforceable in UK.
Is this true? and if so would you recommend cancelling any further payments before they're taken?
Would I still be able to attempt for a refund through Profeco if I followed this route?
Many thanks for your guidance.
Before I rate could I please refer you to this link:
And ask how my case is different and under what section in the link you gave me could PTC persue the case in england when I was mis sold in the first place?
Thank you for your time and knowledge, may I just clarify one last thing then rate your excellent help.
If I was lied to about the membership prior to the contract signing and given a false understanding of the agreement (even though the contract doesn't mention some of the things that were falsely claimed) would that count as being mis-sold and void the contract?
Under these circumstances, would a UK court pass judgment against me?
Sorry to be in contact again.
Could you please read the following extract of a letter I have written to the Palladium Travel Club. It contains what I believe are the legal misrepresentations by the travel club at the point of sale:
The saleswoman we spoke with was called RIA, and was rather aggressive in her sales approach. She used leaflets and brochures to explain a number of aspects of our contract, which upon signing have simply been lies. I will list the misrepresentations below, explaining the claim made by RIA on PTC’s behalf and then explaining what is offered in reality by the club:
Palladium Nights and Worldwide Network Weeks are fully interchangeable. You can exchange Palladium Nights for Worldwide Network Weeks or Vice Versa.
We have 70 Palladium Nights and 10 Worldwide Network Weeks. We can swap Worldwide Network Weeks for Palladium Nights, but we can’t swap the other way around.
The Worldwide Network weeks were the main selling point of the product for us.
We were walked around a very grand room and RIA told us that accommodation grades at Palladium resorts only differed by the number of people they slept. She told us the room was for members only, and as it had one bed we would be able to make use of the room under a Junior Suite membership. We asked for this to be re-confirmed when back at the hotel’s salesroom, which she did with the use of a brochure.
The room we were shown around was some kind of Royal Suite and we are not allowed to use it under our Junior Suite membership.
This was another key part of the product in convincing us to purchase the membership.
There was no need to read the paperwork as we had already had the terms of the agreement explained to us by RIA.
We were hurried through the process and pointed where to sign on the relevant documents. The paper contract doesn’t mention things we were promised at the point of sale, adds in things we were completely unaware of (the legal jurisdiction of the contract) or states a differing agreement (as seen in these other misrepresentations).
The offer was special and only available if we signed today. We would receive Special Preferential Rates, heavily discounting future holidays to Palladium Resorts.
We received a document called “Annex 1”, containing the Junior Suite Rates amongst the paperwork we were pointed out to sign.
After leaving the salesroom and calculating the cost of a holiday using these “Special Rates” it would seem that the only thing “Special” about them is that they are over inflated.
Our Holiday to Grand Palladium Jamaica cost us £2,816 for 14 nights All Inclusive in October 2014 (I can prove this using my bank statement).
Under PTC’s Special Rates the same holiday would cost $3164 for accommodation alone, which using the current 1.6 conversion rate is £1977.50. We would then still have to pay £1,487.96 for equivalent flights (this can be checked at Thomson’s website), leaving the total holiday costing £3465.46.
This makes PTC’s special rates £649.46 more expensive AND we have to pay them a membership fee for the “privilege” of these “special” rates, further boosting the cost of the holiday.
We were told by RIA that using a Worldwide Network Week would cost us around £300 and shown a brochure of lots of destinations we could go. “The process is as simple as booking a hotel.”
Worldwide Network Weeks can be deposited into a timeshare exchange like RCI for a payment of $249 to PTC. This gives us points on RCI which can be exchanged for timeshares on RCI. This process also incurs fees with RCI.
The weeks are not even 1 for 1, as higher quality exchanges will use more than one of your weeks, and if you need to combine multiple Worldwide Network Weeks RCI will charge more fees.
This misrepresentation gives massive omission of facts and extra charges and also outright contradicts their statement that the product was not a timeshare.
Had any of this been mentioned we would not have bought the membership.
Our product is NOT a timeshare.
The Worldwide Networks Weeks (the key part of their product for us) very much is a timeshare.
Furthermore to the above misrepresentations, we were also not given key information prior to signing the contract, such as the Verification Officer (Colleen White) giving no mention that we were entitled to a cooling off period of 5 days under Mexican Law, a fact I have only recently found out.
Please could you advise under UK law which of the above would count as legal misrepresentation of a product.
What kind of proof can be provided to prove a misrepresentation? As it stands I think it would be our word (and other comments on the internet) against theirs.
I want to make sure that if they sought legal action in the UK against me I would not be in the wrong.
Many many thanks for your help