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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have 3 timeshare weeks in Spain and wish to relinquish

Resolved Question:

We have 3 timeshare weeks in Spain and wish to relinquish them. We were recently pressurised after 7 hrs at a presentation by xxx in xxxx to buy their Travel and leisure credits with the assurance that they could dispose of these weeks via xxx. We paid a deposit of £360 but now feel unable to find the remaining £3240. This was the xxxx. We wish to terminate the agreement especially as we now realise the information was seriously misleading. Can we refuse to pay the balance.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this,
When did you sign for it please?
Customer: replied 2 years ago.

xxx2015

Expert:  Ash replied 2 years ago.
When did you try and cancel?
Customer: replied 2 years ago.

I have sent an e mail and posted a letter yesterday. It is possible that the office is closed today ( Saturday and they haven't yet got it) I asked that we be released form the contract because of financial difficulties in finding the money. We understood that we could not be refunded the deposit but after 7 hours of pressure did not realise that we could not cancel the contract, they wore us into the ground!

Expert:  Ash replied 2 years ago.
You are entitled by law to 14 days cooling off period.
If your timeshare agreement is covered by the timeshare regulations, you get a 14 day cooling-off period during which you can change your mind. This period usually lasts 14 days from the day you signed the agreement, but it can be extended under certain circumstances.
You are entitled to 100% refund. If you paid by credit card the deposit then you can claim that back from your credit card provider if the timeshare company wont refund.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

This is not a Timeshare purchase. It is called Travel and Leisure Credits and xxx say that they have nothing to do with timeshare. What they provide is access to xxxx who are supposed to be able to get you out of your timeshare contracts ( for an extra fee of course on top of the credits you purchase). we now don't believe this claim and want to back out. They said there is no cooling off period.

Expert:  Ash replied 2 years ago.
Do not pay. In effect it is timeshare. In any event Regulation 5 of the Unfair Terms in Consumer Contract Regulations 1999 states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Does that help?
Alex
Customer: replied 2 years ago.

One final question please!

Would their wildly inaccurate quote for the projected increase in timeshare maintenance fees ( their 9% figure contrasts with our 1.2% for the last year) be grounds for claiming the product to be mis-sold?. Their pitch was that we would be burdening our children with a huge financial obligation. It was this that scared us into signing up to their Travel and Leisure Credits with their claimed scheme for exiting the timeshare contracts that we have.

Expert:  Ash replied 2 years ago.
Yes you could indeed claim that too.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
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