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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Myself and my partner on a holiday to Tenerife in June of this

Customer Question

Myself and my partner on a holiday to Tenerife in June of this year were talked into signing an agreement to purchase holiday club software. We didn't agree with the 'no cooling off period' document after signing all other documents and paying a £300 deposit, but we're informed that as the seal of the software purchase had been broken by the owner of the company that we had no choice but to sign it as the software was unreturnable. We are now being threatened with legal action for the remaining £4,650 balance now owing. We stated at the sales presentation we would not be able to get finance as my credit rating is nil and my partner is not eligible for credit, so the owner guaranteed she could get us a loan with her personal financial provider, and she had several options we could look at. As I had predicted we cannot get finance, not even with my partner's bank of over 40 years. Where do we legally stand with these people please? Sincerely ***** ***** Sutton.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When did you sign and when did you try and cancel please?
Customer: replied 1 year ago.

We signed around the 6th. July - I can verify the date for you when I get my paper work together. We did not try to cancel as we were told that day we couldn't once we'd signed the 'no cooling off period' agreement.

Expert:  Ash replied 1 year ago.
Was it signed in the UK or at least the EU?
Customer: replied 1 year ago.

In the EU - in Tenerife where we were on holiday.

Expert:  Ash replied 1 year ago.
Sadly Tenerife is not within the EU it is outside the scope. But just to be clear they told you that there was no cooling off period when in fact there was? What country is the agreement governed by, does it say in jurisdiction?
P
Customer: replied 1 year ago.

I will look at the paper work and send you my answer in due course.

Customer: replied 1 year ago.

I will look at the paper work and send you my answer about the jurisdiction in due course. After signing all the paperwork we were finally handed a document that said the agreement had no cooling off period if we signed it, and when we said we didn't want to we were told that we had no choice as the seal had already been broken on the software so we were obliged to go ahead with the purchase.

Expert:  Ash replied 1 year ago.
Ok, jursidction is important.
Alex
Customer: replied 1 year ago.

So sorry for late reply but have been ill in bed since last night. I will send you the information you require tomorrow morning. Kind regards Carolyn.

Expert:  Ash replied 1 year ago.
ok, thanks
Customer: replied 1 year ago.

Good morning, so sorry for my late response but have only felt well today. I have taken the liberty of photographing all paperwork etc related to our purchase as I'm not sure where to look for jurisdiction and

Expert:  Ash replied 1 year ago.
Ok. It should say something like jursidction, or this agreement is governed by the laws of........
Customer: replied 1 year ago.

Good morning, so sorry for my late response but have only felt well today. I have taken the liberty of photographing all paperwork etc related to our purchase as I'm not sure where to look for jurisdiction and all the information you will require is in your hands. Would you please let me know the email address you wish me to send the photographs to? Regards Carolyn.

Expert:  Ash replied 1 year ago.
Send it to***@******.*** - it may take 2 days for them to email it on to me.
Customer: replied 1 year ago.

I have just read through the small print and found this statement which I think will answer your previous question; 'The construction, validity and performance of the Terms of Sale shall in all respects be governed by Spanish law and will be subject to the jurisdiction of the Spanish courts'

Customer: replied 1 year ago.

Did you get my last message? Have just found another interesting item; 'At the point of purchasing the product from the Seller, the Purchaser(s)will be given the Product, security sealed contains ING the software CD-ROM and user guide including software installation instructions'... the owner herself broke the seal to the software. Does this have any bearing on our rights? Also, just in case my last email didn't get to you, the jurisdiction is of the Spanish Courts.

Expert:  Ash replied 1 year ago.
Ok, did you get the CD rom etc?
Customer: replied 1 year ago.

Yes it was handed to us after Betty broke the seal herself, but it's of no use to us as we cannot use it until we pay the final balance.

Expert:  Ash replied 1 year ago.
Ok, then you have several grounds. If the seal was broken you can claim this is breach of contract. Sadly you can't claim cooling off rights as the Canary Islands is not within the EU technically and therefore can't come under the same protection.
However they would need to issue proceedings in the Canary Islands. Judgments there can't be recognised within the UK as they are non EU. So you can insist proceedings are issued there and not mainland Spain. If it was mainland Spain it could be enforced in the UK
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Yes Alex, you said there are several grounds, what are the others??

If they were to issue proceedings against us we would take your advice, but would we need a solicitor out there or an interpreter?

If the worst case scenario were to happen and they won judgement against us can they pursue us here, or worse apply to have a charge put onto our property?

We are willing to travel abroad to attend court if it becomes necessary, but not if the costs will run into thousands.

Regards Carolyn.

Expert:  Ash replied 1 year ago.
1) Seal was broken
2) Breach of contract
3) No cooling off
Assuming worst case then yes, sadly they could get a charge on your property here in the UK.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I do think perhaps at this stage it would be better to have a private chat with you, do you agree? I still need an idea of costs etc as I stated in the email I sent last night, and if I clarify a couple of points that can be better explained verbally it would help matters along. How long will my call last within the frame of the cost to myself? Regards Carolyn.

Expert:  Ash replied 1 year ago.
Hi Carloyn - the call is an additional service which I will resend now. There is no time limit but if it goes on for 3 hours, I may need to lie down!
Alex
Customer: replied 1 year ago.

Lol... That just cheered me up immensely! Don't worry I won't send you to sleep.

Customer: replied 1 year ago.

I will be able to phone you in around an hour as I have visitors if that's ok with you?

Expert:  Ash replied 1 year ago.
I will have to phone you as I am an independent expert and not permitted to give out my number!
Alex
Customer: replied 1 year ago.

That's fine with me. Can I schedule a call for between 12 and 1 if that fits in with your schedule?

Expert:  Ash replied 1 year ago.
Sure. You will need to accept the additional service and provide me a number.
Customer: replied 1 year ago.

No probs - don't really want to give my number out unless it's completely private though.

Expert:  Ash replied 1 year ago.
Sure, it will be once you accept the additional service.
Customer: replied 1 year ago.

That's reassuring. I will prepare a list of questions so I don't forget anything.

Expert:  Ash replied 1 year ago.
ok
Customer: replied 1 year ago.

My visitors have left so I can talk now. How do I go about paying and sending you my number please?

Customer: replied 1 year ago.

I'M having a problem accessing the additional services.

Expert:  Ash replied 1 year ago.
You need to accept the additional service please.
Customer: replied 1 year ago.

I have accepted twice, but obviously doing something g wrong. I have only just recently got into the 21st. Century and still not sure how to email properly!

Expert:  Ash replied 1 year ago.
Sure. Rate my answer and then try accepting the additional service.
Thanks.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I still can'take fathom out how to accept your telephone answer - it's driving me insane!

Expert:  Ash replied 1 year ago.
There should be a rating button which says ok, good or excellent. Try clicking that then I will see if I can do an additional service.
Alex
Customer: replied 1 year ago.

I have already done that Alex.

Expert:  Ash replied 1 year ago.
Ok. let me try and offer it again.
Alex
Customer: replied 1 year ago.

When I click to review your offer it doesn't respond but brings up our conversations.

Expert:  Ash replied 1 year ago.
Ok, let me refer this to the moderator. No need to reply otherwise it thinks you are stuck!
Customer: replied 1 year ago.

Evening Alex. I just want to inform you that my problem has today been resolved amicably between ourselves and the holiday club representatives.

Thankyou so very much for your invaluable advise which helped me down the path of resolving our situation for a positive result.

I would highly recommend your services to anyone as their 'first port of call' before deciding on which official Legal route to take.

Kind regards Carolyn.

Expert:  Ash replied 1 year ago.
Great news! So glad to hear it.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already 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

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