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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I wish to get out of a purchase agreement, am i able

Resolved Question:

Hello,
I wish to get out of a purchase agreement, am i able to do this although it said it can not be cancelled?
Regards
Michelle.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree cooling off rights please?
Customer: replied 2 years ago.

No not that i remember and i have nothing in writing.

All I have in writing in a paragraph is:

Subject to signature by the purchaser, this agreement shall be immediately binding and cannot be cancelled. In the event that the purchaser fails to make any payments due, within 7 days of being given written notice to that effect by the Vendor or it legal representatives, time being of the essence, then this shall constitute default under this agreement. In such circumstances, the Vendor shall have the option to take whatever action it deems necessary to enforce the terms of the agreement or at its sole discretion shall terminate the agreement, in which case all monies paid by the purchaser shall be forfeited to the vendor who shall be under no further liability to the purchaser.

Expert:  Jo C. replied 2 years ago.
Ok.
What were the circumstsances of this purchase please?
Customer: replied 2 years ago.

We were on holiday in Malta and went to see a hotel and entered into a holiday membership with "discover access" which at the time was ok until we returned and I was made redundant from my job and I am not in a position to make the payments now.

Expert:  Jo C. replied 2 years ago.
Sorry that is not my area.
I will opt out for others.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you still need help?
When did you sign the agreement please?
Customer: replied 2 years ago.

Hello Alex,

We signed the agreement in Sept 14 it was for a one year membership and I asked for it to start from April 15 - April 16 reason being that is when I would next like to take a holiday.

Regards

Michelle

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. You have a limited cooling off period with these agreements which is 14 days. This is from the date you signed it rather than the date it starts.
Generally you are tied into the agreement for life. So unless you sell it (or you can go bankrupt) I am sorry to say that you signed a legally binding agreement.
If they breach the agreement in any way then you may have an opportunity of getting out of it. But unless they do and sadly you are out of time for cooling off period.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

No thank you for your answer.

Regards

Michelle.