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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I make a claim in the European court, of

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Can I make a claim in the European court, for repayment of money paid for an upgrade in a time share if the promises made at the time were not kept
in 2009 I was persuaded to upgrade from a one bedroom timeshare apartment, in the blue season, to a two bed apartment in the red season at the Paradise Kings club resort in Cypress. The upgrade was only purchased because they promised that
1 the outdoor pool would be warm enough to swim in: It has not been on subsequent visits.
2 all the facilities would be open: They have not been open on subsequent visits.
3 the shuttle bus would be running: It has not been on subsequent visits.
The upgrade cost £4650.00
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola

Thanks for getting back to me I can wait a little longer but do need to have taken some action within the next week.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know where you signed the agreement?
Customer: replied 1 year ago.

We signed the agreement at the Paradise Kings Club, in Paphos Cyprus.

The membership Certificate was issued by Continental Trustees ltd in Waterford Ireland. but they now have an address in the isle of Man.

At the time of signing the UK Registered Address was: 2-4 Great Eastern Street, London,EC2A 3NT. Registered in England no(###) ###-#### ***** do not know if this has changed.

Expert:  Ash replied 1 year ago.
What is it you want to achieve?
Customer: replied 1 year ago.

I would like the money £4650.00 I paid for the upgrade returned to me as In effect I gained nothing by upgrading.

The one bedroom apartment sleeps four people, we have never had more than four people staying in the two bedroom apartment.

The outdoor pool was too cold to use in the blue season (Pre Upgrade)

it is still to cold to use five weeks later in the Red season (post upgrade) despite being promised that it would be a lot warmer.

The facilities that are not open in the blue season we were promised that they would be in the red season but they were not.

And the shuttle bus we were promised would be running in 2009 is only now being advertised as running but it was not in 2014 when we last stayed there.

Expert:  Ash replied 1 year ago.
Ok. What is it you want to achieve?
Customer: replied 1 year ago.

The Paradise kings club (PKC) has not kept its promises so we want our money back, in exchange we return the Apartment to PKC

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

We upgraded and signed the agreement in March 2008 and have visited it on two further occasions April 2009 and April 2014. so the 14 day limit is presumably no longer valid

I have tried to complete the county court application but it will not let you unless the company you are in dispute with has a UK address.

Expert:  Ash replied 1 year ago.
Ok. Then you need to file form N1 and you can have it served outside the Uk.
But you can sue for breach of contract by misrepresentation. They told you one thing and did not deliver
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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