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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a timeshare at the Lakeview Country Club in Cornwall.

Resolved Question:


I had a timeshare at the Lakeview Country Club in Cornwall. We go down every year to the same lodge. Last year we agreed with another company Aroma to sell our week to them as we didn't want the ongoing (70 years) costs of the Lakeview Timeshare bein g passed on to our children. We sold out over a limited number of years. The transfer of lodge has gone through ok. However as part of the deal we agreed and I have it in writing that we would have the same lodge at the same time this year. By chance I spoke to Aroma at the beginning of Jan and found out that they had allocated the lodge to another person by mistake. They agreed to sort it out but i'm not getting anywhere. I'm flexible to some extent abt changing the date and by possibly changing location. This lodge suits as I take my parents who are both partially disabled there. They are 88 and 90 respectively. The lodge has three bedrooms and is all on one floor.
Does their action breach our contract. What could I reasonably expect in compensation. I could hire another three bedroom lodge on site but this would cost me about £800. Could I reasonably expect them to pay this and deduct the equivalent points that I would have used if I went to Lakeview as planne? Could I even ask money back whole sale and leave them with the lodge?
mike
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Mike my name is ***** ***** I will help you with this.

Alex Watts :

please let me know whether they agreed to your arrangement to go down in writing?

Customer:

Customer:

When we signed the paperwork the Aroma salesperson ticked the apprpriate boxes to show that he had agreed to book that Aroma would book us into the lodge week we wanted. This would have been sent through with all the forms of agreement. I can scan the appropriate page if you like. A manager at Aroma has admitted verbally that they have made a mistake.

Alex Watts :

What are your losses please?

Customer:

We paid £5283 fixed 9 year contract. In addition we have an annual bill of about £600 which gives us points couple of holidays a year depending where we go. We love cornwall and we like going to this resort so every year we intend to go back. I can book the lodge next year 13 mths in advance and we in theory should get the week we want. My wife ideally wants to contiune to go down. However if we could get out of the deal then I have the initial outlay and we could book other lodges on the site as rentals. Not ideal because our lodge is a prime location etc. I wanted to know where I might stand as I have to go back to Aroma and try and sort it out. I realise I probably won't get in in the week we wanted or any other week as time has marched on and other people will have been told of their booking. They are a holiday company and not even making suggestions about other possible sites in Cornwall or the south of England. It's very frustrating as my parents aren't getting any younger. They love it there and my daughter, partner and expected daughter are mean't to be coming too.

Customer:

It costs about £800 to hire a similar three bedroom cabin lodge(all on the same floor) in May or June. We can't go any later as my daughter is getting married in August and can't go any earlier as she is expecting in March.

Alex Watts :


You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .



Can I clarify anything about this today please?




If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

So in your opinion would i have a good case?

Alex Watts :

I think you have a valid case yes

Alex Watts :

Does that help?

Customer:

Yes. Gives me something to think about.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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