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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have signed an agreement with R.A Marbella to dispose of

Customer Question

I have signed an agreement with R.A Marbella for them to dispose of my timeshare. It states on a separate paper that any monies paid are non refundable and NOT covered by a cooling off period as they are to cover the Notary, legal and administration costs that they have contracted and they would not dispute them. I have paid a deposit by Barclaycard but as yet have not paid the outstanding balance which is to be paid by bank transfer. Have I any comeback on the 14 day cooling off period if I decide to cancel the agreement. The agreement was signed on 05/06/16 and the final balance must be paid before 12/06/16
Regards *****
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello Bill my name is ***** ***** I will help you.

Was this at a distance please, this agreement?

Customer: replied 11 months ago.
I had a meeting with this person at a hotel when I signed the agreement. The agreement is with a Spanish company who are based in Marbella Spain
Expert:  Ash replied 11 months ago.

Ah ok. If you met in a hotel then the 14 day cooling off period won't apply to those parts. But you can cancel now, but you would lose the sums paid.

Can I clarify anything for you about this today please?

Alex

Expert:  Ben Jones replied 11 months ago.

Hello, the advice above is incorrect as it has not considered the specific legislation applicable in this case. Due to widespread fraud in the timeshare industry, European lawmakers introduced certain regulations which apply across all European countries. The main piece of legislation is the European Timeshare Directive (implemented in the UK under the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 and in each EU country by local legislation).

The law provides for an automatic 14-day cooling off period from the date the contract is signed and makes it illegal for businesses acting as timeshare or holiday club sellers or resellers to ask for any payment from the consumer within that period. There is also the right to cancel the contract for any reason within that period without incurring any penalties.

Therefore, if you have been offered the chance to dispose of your timeshare and have been asked to pay any money in advance of or during this cooling off period, then that is an unlawful request and suggests that this is most likely a scam. The request is often disguised as a requirement to pay certain fees, such as legal fees, taxes, insurance, deposit, etc. However, none of these would be valid reasons and you should not be required to pay anything within this initial 14 day cooling off period.

This company has also been flagged up for cold-calling customers and general advice is not to deal with them, see here

https://mindtimeshare.me/2014/05/29/timeshare-exit-solutions-cold-callers-on-behalf-of-itra/

If you have already paid something, then you must contact them immediately and ask for your money back, citing the above legislation and reminding them of your rights and their obligations.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 11 months ago.
Hello The company R.A Marbella say they are NOT a timeshare company but are lawyers relinquishing contracts legally. I am NOT trying to sell the timeshare I just want to dispose of it and avoid any future payments regarding Maintenance fees etc. I assume I can still cancel from the services they offered. The deposit paid was by Barclaycard which I can cancel. I have attached a record of people I have spoken to so far since the contract was signed.
Regards
Bill Hopkins
Expert:  Ben Jones replied 11 months ago.

Thank ou. Paying in advance for any timeshare-related matter, including disposal, is a big no-no. The industry is rife with scams, they prey on vulnerability of consumers who are stuck with a timeshare and desperate to get out of it. So however they disguise themselves, be it as lawyers or anything else, you should never pay anything until you have seen the desired results.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hello Ben,
Thank you for your help it was very much appreciated.
Regards
Bill Hopkins
Expert:  Ben Jones replied 11 months ago.

You are welcome, all the best

Customer: replied 11 months ago.
Hello Ben,
Thanks for your advice. I have been in touch with R.A Marbella and the problem has been resolved, with all monies being refunded.
Thanks again
Bill Hopkins
Expert:  Ben Jones replied 11 months ago.

Great news, glad you managed to get it all resolved!

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