How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

My wife and I were the subject of a scam while on holiday in

Customer Question

My wife and I were the subject of a scam while on holiday in Tenerife, several years ago, where we were pressured into buying into a holiday company called Club Class. We have since (with the aid of a UK based company) been successful in getting our money back from Credit card company/Bank. However part of the deal was to pay something like £54 a year admin fee. We understand that with a combined effort of Windsor & Maidenhead Trading standards & The Insolvency service, Club Class and several of her sister companies were all wound up in court. We are still receiving letters from a company called Leisure Alliance, advising us we are behind with our payments, but if we make a one off payment of £220 within 14 days of date of letter (12/03/15) they will release us of our contact obligations, all arrears will be waived and our membership to Club Class will be terminated, if we do not pay, they are threatening to commence further action to recover outstanding charges. I have no intention of giving in to the scam, but what should I do??
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if the claimant has explained its relationship to Clubclass please? i.e. does it claim to act on behalf of another or does it claim to be owed monies by you themselves?

JACUSTOMER-8y592awt- :

They act on behalf of Club Class to collect membership renewal fees,

Joshua :

Thank you. From what you say however Clubclass has been wound up - is that correct?

JACUSTOMER-8y592awt- :

Yes, according to an online statement made by The Royal Borough Windsor & Maidenhead dated 21/01/14

Joshua :

Thank you. With your permission I may just confirm this is the case with Companies House. Do you know the exact name of the limited company - Is it Clubclass Ltd?

JACUSTOMER-8y592awt- :

Their full title Is Leisure Alliance, but unfortunately they only have a po box address in Gibralter and are registered in the Seychelles.

JACUSTOMER-8y592awt- :

Sorry, I believe that the company for whom they acted on behalf of was Club Class Holidays Ltd

Joshua :

Thanks. Just a moment if you would...

Joshua :

You are quite correct. Club class holidays Ltd is shown as dissolved on 08/09/2009.

Joshua :

This means the company no longer exists so if the company that has contacted you claims to be collecting on behalf of Clubclass, their claim is invalid because they cannot collect monies on behalf of a company that no longe exists.

JACUSTOMER-8y592awt- :

So should I just write back to them stating this and refuse to pay?

Joshua :

If they claim to have bought the debt from Clubclass then their claim may be valid but it would be subject to whether the contract was enforceable. In addition if no payment have been made to Clubclass or one of its subsiduaries for more than 6 years by you then the contract is likely unenforceable in any event under the Limitation Act. The Limitation Act provides that debts older than 6 years cannot be claimed unless the claimant can demonstrate that a payment has been made or the debt has been acknowledged in the last 6 years.

Joshua :

Finally you may also consider contacting the trading standards departments that were involved in the actions you refer to in order to ascertain whether the contract under which the company is claiming was determined to be valid or not and to make them aware of this company's claims. They may have some useful information.

Joshua :

In terms of a response, you may consider responding along the lines that you deny any indebtedness to the company and if the company believes that a debt is owed, you will require a full set of documentation demonstrating how the debt falls due including details of any original contract, and any assignments of that contract in order you can consider the matter further. Take care not to acknowledge the debt is owed and obviously make no payment towards it because doing either of these things can reset the 6 year "clock" under the Limitation Act and making debts which may have been unenforceable under the six year rule once again enforceable at law.

Joshua :

Has the above answered your questions satisfactorily?

JACUSTOMER-8y592awt- :

yes thanks you have been a great help, I now have the confidence in how to approach the problem.

Joshua :

I am glad I was able to be of some assistance. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Good evening Joshua,

Please find below, a draft of a letter that I wish to e-mail to Leisure Alliance PLC, and I would appreciate your advice on the wording of the letter etc as to whether it is acceptable and correct.

best regards

Martin Elbrow

Leisure Alliance PLC Mr M B Elbrow

P O Box 1323 5 Rogate Walk

Garrison House Thornbury

3 Library Ramp Plymouth

Gibraltar Devon

PL6 8SZ

Attn: Maxwell Hamilton

Club Class Membership Renewals Department Manager. 29 March 2015

Dear Mr Hamilton

We are in receipt of your intimidating/threatening letter dated 12 March 2015, demanding we make a payment for annual subscription arrears and administration charges for Club Class Holidays Ltd.

We were advised in the year 2011 that Club Class Holidays Ltd had been placed in administration and subsequently ceased trading.

Upon receipt of your above letter, we made some investigations into Club Class Holidays Ltd, and discovered that a combined effort of The Royal Borough of Windsor and Maidenhead and their Trading Standards Department, together with the Insolvency Service were successful in having Club Class holidays and various associated companies wound up in the High Court in London.

We have had confirmation from a legal team that Club Class Holidays Ltd were dissolved on 08 September 2009, this means that the company no longer exists, and your claim is invalid as you cannot collect monies on behalf of a company that no longer exists.

We therefore deny any indebtedness to Leisure Alliance and if Leisure Alliance believes that a debt is owed then we require you to provide us with a full set of documentation demonstrating how the debt falls due including details of any original contract, and any assignments of that contract in order that we can consider the matter further.

On checking our records it would appear that we made a payment of £55 by standing order in November 2009 to Sochalls, after Club Class Holidays Ltd had been dissolved, which Messrs Sochalls would have been aware of and should have refunded the monies back to us, but at this time, we shall not pursue the matter any further.

We trust this matter is now concluded and you will cease to look to us for any further payments.

Yours sincerely

Martin Elbrow Susan Elbrow

Expert:  Joshua replied 2 years ago.
My sincere apoogies for the delay in reverting to you. I have been out of the country until last night. May I continue to assist you with the above?
Customer: replied 2 years ago.

Good afternoon Joshua

Please accept my delay in replying to your latest email, but I had sent the above letter to Leisure Alliance, although I had removed the last paragraph refering to the last payment we had made.

Please find below their reply received attached to an email on Monday 06/04/15.

Dear Mr. & Mrs. Elbrow

Club Class Holidays Sapphire Indefinite Membership No. S2504 13396

In response to your earlier letter, please find attached our reply and a
further document to support it.

Yours Faithfully

Maxwell Hamilton

Membership Renewals Department

Club Class Holiday & Lifestyle Club

Administered by Leisure Alliance Plc

Tel: 0870(###) ###-####br/>
Tel: 0034###-##-####br/>
*****@******.***

Unfortunately, it does not matter how I try, I am unable to send you a copy of their attachments. Do you have an alternative email address that I can send them to for your perusal?

best regards

Martin Elbrow

Expert:  Joshua replied 2 years ago.
Unfortunately the site does not allow me to post my email address - it will automatically edit it out. You can attach attachments using the paperclip symbol though it depends what device you are using
Customer: replied 2 years ago.
Customer: replied 2 years ago.

Good morning Joshua

I think I have managed to send one attachment received from Leisure Alliance, which I think I have sent without a message. If you receive a second similar email with a different attachment but no message I do apologise.

best regards

Martin

Expert:  Joshua replied 2 years ago.
Thank you for the above. Given that you are aware of a considerable trading standards investigation into the group of companies, it would seem prudent to consider sending a copy of the above to the Trading Standards offie in question to ask what information they can supply in this respect.

It is not possible for me to determine the validity of their claims without sight of your original contract nor do they supply any evidence to support their claims in their letter.

Perhaps you could respond to them that you are contacting trading standards for further information and will consider your position further once you receive a reply. Perhaps you would be kind enough to forward a copy of trading standards response to you once received in order that I can assist you further.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice