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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We were offered a short break holiday (at a destination of

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We were offered a short break holiday (at a destination of our choice, mainly Tenerife and some in Scotland) We had occasionally been offered free or cheap holidays because of the holiday club of which we were members, and it was not until we were about to leave for a four night stay in Stirling that we were told we were expected to attend a meeting. We were just given an address in a business park near Stirling. This turned out to be a one to one presentation given by EZE Group concerning leisure and lifestyle discounts.
They already knew some of our background including that for the last year or so we have been in the process of trying to exit our contract with Diamond Resorts through a company called TESS.
EZE said that the exit should have been achieved in 4-6 weeks and that our current position, ie in breach of contract by non-payment of management fees, was not a safe one. TESS maintain that Diamond Resorts would not risk exposure that would result from a court case.
We had been having misgivings about TESS and the time it was taking so allowed ourselves to be rushed into a decision on taking up the offer of EZE's legal assistance (at a price of £9,000).
Soon after our return home we received a letter from Praetorian (EZE's legal dept.), enclosing a pro forma for instructing them and giving them authority to act for us, and a letter stipulating the outcomes they could offer and the time scale. The time scale was up to a year and the outcomes could be (1)a letter from the time share owner agreeing to end the contract or (2) that the agreement could be considered to be ended as the time share owner would be very unlikely to take further action. When I checked with TESS they claim that the latter has already been achieved, and we will receive a threatening letter from Diamond then a letter terminating our agreement for non-compliance with the rules of membership.
Praetorian also say in their letter that we must not communicate with Diamond directly nor have anyone else acting on our behalf.
The deal we signed with EZE did stipulate that it was irrevocable. Praetorian cannot act for us, and we have not as yet returned the letter of instruction. Can I therefore presume we can actually have a refund as EZE did have all the facts such as the involvement of TESS before the deal? We paid £1000 on the day by credit card and the balance two weeks later by direct transfer.
Rob Houston
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

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

What is it you want to achieve please?

Alex

Customer: replied 6 months ago.
Your opinion on whether I can reclaim £9000 or most of it
Customer: replied 6 months ago.
Do you have my original communication? I want to known if i can reclaim £9000 paid to EZE Group
Customer: replied 6 months ago.
Is there anybody there?
Expert:  Ash replied 6 months ago.

Yes I am considering this.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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 6 months ago.
Sorry for the apparent impatience but I thought there was no one responding.
From what I have said I would like your professional opinion on whether such a claim would be justified and likely success. Is there any other information I can give you?
Expert:  Ash replied 6 months ago.

no. I have read everything. I think on balance you have a claim based on the lies and deceit.

They do this all too often and should be held to account.

It would be a small claim anyway so you don't need to worry about representation and huge legal costs if you lose.

Does that clairfy? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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