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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Whilst on holiday recently,we signed up with clc world

Customer Question

whilst on holiday recently,we signed up with clc world (holiday timeshare) but did not leave any deposit as we said we would pay on our return from holiday.we e-mailed them stating we did not want to proceed and cancel but they state we have gone past the 14 day cooling off period.are we still legally bound by this contract even though we have not parted with any money?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long has it actually been since you signed up?

Customer: replied 1 year ago.
we signed on the 18th June 2016 and cancelled on the 8th July beyond the 14 day cooling off period but we have not parted with any deposit
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online). In your case it is likely to have been at their premises as that also includes premises where they usually trade.

All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s premises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:

· Contracts entered on the trader’s premises - http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made

The usual 14 day cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.

The fact that you have not paid any money does not mean no contract existed. It is not a legal requirement for a deposit or payment to have been made for a contract to be formed. There are many examples of contracts that do not have or require any money paid in advance before they come legally into existence so that is not really an issue. The key here is whether you had agreed to the terms of the contract and if you can now try to identify ways in which you can get out of it, such as through showing they did not give you the necessary information in advance.

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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.