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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have just handed over £1000 as. First payment company

Resolved Question:

I have just handed over £1000 as. First payment for a company to dispose of my timeshare. They tell me there is no cooling off period is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask the name of the company that you paid please?Did they contact you or you them?Do you know if the are based in the UK or overseas?Finally how did you pay?
Customer: replied 2 years ago.

XXXX XXXX I answered an add There address is Forward House,***** Henley-in-Arden, Warwickshire, B95 5AA Paid by MasterCard Credit card

Expert:  Joshua replied 2 years ago.
Many thanks. Finally when did you make the payment?Have they offered to try to resell your timeshare for you?
Customer: replied 2 years ago.
Made £1000 payment on Thursday 16th April. Still to pay £8990.
They say they get a third party to dispose of timeshare.
Expert:  Joshua replied 2 years ago.
Thank you. Did they explain what was meant by "disposal". Do they suggest they can resell it or do they suggest they have a means to simply make it no longer enforceable against you?Have you signed anything or was everything agreed verbally?
Customer: replied 2 years ago.
They said they were able to we're able to get the company to take back the timeshare.
I did sign forms agreeing to terms
Expert:  Joshua replied 2 years ago.
Thank you. Do you by any chance have a copy of those terms you can point me to so I can ensure that I give you a response taking those into account? If not I can respond without them. Did they mention "leisure credits" to you?Finally was this all done over the phone / by email and when did you pay?
Customer: replied 2 years ago.
I do have copies of terms and I paid £1000 on Thursday 16th April.
It says on the Key Facts sheet
Credits have no relationship to timeshare points whatsoever. Credits have a start date from the 'Initial payment' credits have no expiry date but end once all credits are spent via usage against products and services by the client.
Expert:  Joshua replied 2 years ago.
Thank you. Leisure credits have been designed specifically to avoid the Timeshare regulations brought in under the Timeshare Directive which require a 14 day cooling off period and therefore no assistance is given by the Timesare Directive.However there are two grounds for cancellation. The first is under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which require you to be given 14 days to cancel a contract taken out at a distance. There is no evidence that leisure credits are excluded from these regulations and therefore you can give written notice of your intention to cancel under the above regulations retaining a copy and proof you sent it.You can cancel the contract on the grounds of misrepresentation. If you can point to things that were misrepresented to you to induce you to agree the contract you can give notice to cancel on the ground of misrepresentation. One obvious ground is that the company is very unlikely to have any legal way of disposing of your timeshare. They can attempt to assist in getting the timeshare company to agree to surrender the timeshare but this is rarely effective. If they suggested to you that they could this is likely to be a misrepresentation. In addition if the service is not as was described or fit for purpose you can consider regjecting it though this right on its own last for only a very short time. If the company does not refund you you can contact your credit card company and ask them to process a chargeback on your behalf. They will ask to see a copy of your cancellation notice and proof it was sent normally before they process the chargeback. Once the chargeback is processed the funds will normally be credited back to your account within a few days. It is important to keep your cancellation notice and the reasons you give for cancelling together with any other papers or correspondence you have as the company could attempt to dispute your right to cancel even after you have the money back and you may need to refer to them in the future for this reason. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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