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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Whils on holiday in florida last year we signed up

Resolved Question:

whils on holiday in florida last year we signed up for time share. the next day we went to view the apartment we'd purchased and they wouldnt allow us to but it was obvious from first impressions that it was nothing like the picture we were shown. we returned the following day to the sales office and cancelled with there senior closing officer as was our right within the 7day cooling off period. it has been 12months since we cancelled and despite this we are still receiving emails from them weekly asking for money and havent received our deposit back. i have emailed them and spoken to them but they say they have no record of the cancellation or me returning so its still live.
what can i do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What country is the agreement say it is covered by? Is it UK or USA law?
Alex
Customer: replied 2 years ago.

hi alex. i dont know as we left the paperwork with them when we cancelled

Expert:  Ash replied 2 years ago.
Ok. Was it signed over there?
Customer: replied 2 years ago.

yes we signed whilst we were there

Expert:  Ash replied 2 years ago.
How did you pay the deposit? Was it on credit card?
Customer: replied 2 years ago.

bbank debit card

Expert:  Ash replied 2 years ago.
How much was it?
Customer: replied 2 years ago.

$500 deposit

Expert:  Ash replied 2 years ago.
Ok. Sadly unless the agreement was governed by UK law, if you issued proceedings here, then they wont necessarily be able to enforced in Florida.
Therefore you would have to issue the same as a small claim there. However if you had paid on credit card then under Section 75 of the Consumer Credit Act 1974 your card issuer would have been liable and you would have had an immediate refund.
Sadly though if they are not giving the money back you will need to issue in Florida. As a UK lawyer I can't advise on that process, procedure or cost. But if you go to the links below it does give you an indication of what to do.
http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml
I am sorry id this is not the answer you will 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
Customer: replied 2 years ago.

not bothered about the $500 to be honest just want to stop them harrasing me and to know if they can take it any further?

Expert:  Ash replied 2 years ago.
They can't. They could only sue you in Florida (assuming that is what the agreement says), then it can't be enforced in the UK without a lot of difficulty and expense.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

great thnk you for your help

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.