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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have foolishly signed a contract with a company called

Resolved Question:

I have foolishly signed a contract with a company called International Timeshare Refund Action (ITRA) to dispose of my Diamond Resorts fractional points and find that ITRA have a very bad reputation and feel that I have been badly misled by them. I have not as yet handed over any money but the contract states that I owe them nearly £6000 and they also have my Ownership Certificate. Is there any way to get out of this contract and retreive my Ownership Certificate.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did you sign this at a distance? If so when was this please?
Alex

Customer: replied 1 year ago.
We signed the documents in their offices on 9 June 2016.
Expert:  Ash replied 1 year ago.

Where are their offices located?

Customer: replied 1 year ago.
The office is in Dartford but their business address is a PO Box in Gibraltar. Does a 14 day cooling off period apply to contracts?
Expert:  Ash replied 1 year ago.

I am just looking at that. What does the contract say about termination please?

Customer: replied 1 year ago.
An extract from contract, the only one I can find that mentions time.
"The Service" shall commerce on the date of the signing and aceptance of this contract and shall continue until "The Client" receives confirmation of the disposal of his timeshare ownership and / or when "The Client" has received written notification as to the result of any claim for compensation.
Expert:  Ash replied 1 year ago.

Ok - then usually a 14 day cooling off period doesn not apply as you signed on premises.

However you could argue in this case that as its timeshare related the usual cooling off period applies.

In any event if you refuse to pay, at worse they could try and take you to Court, it would be a small claim

Your defence would be that they are in breach of contract because of their reputation and that you dont actually trust them

They have been in the Mirror paper:

http://www.mirror.co.uk/news/uk-news/andrew-penman-investigates-international-timeshare-2284467

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
do I just write to them cancelling the contract stating I am within the 14 day period and await the fireworks? Do I have to state a reason for cancelling?
Expert:  Ash replied 1 year ago.

Yes I would write and cancel. I would also say why and point to the evidence.

Does that clarify? Alex

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