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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I bought a timeshare exchange with a company in Spain. This

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I bought a timeshare exchange with a company in Spain. This cost nearly £8000.00. The contract states they will pay all of my timeshare fees from my last timeshare, transfer the deeds from my name. This contract was signed in March 2015 and currently my new provider has not paid any maintenance fees or completed the deed transfer. I consider these actions o be a break of the contract. What grounds to I have to end the contract and get a full re-embursment.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Would it be possible to see the contract?

Customer: replied 1 year ago.
I could it is a written paper contract that would need to be scanned. Where would I send it
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
If you want me to send details please confirm
Expert:  Ben Jones replied 1 year ago.

Hi there. Thank you for the live phone call request. I am unable to talk at the moment. For the moment, would it be easier to summarise the main points?

Customer: replied 1 year ago.
Well we signed a contract document for a supposedly reputable company called Heritage in Spain. They state that they will firstly take over complete responsibility for a timeshare we have in Florida, pay 2016 fees and transfer the deeds from my name to theirs. They have a contract number on the document. to date they have not paid maintenance fees and not transferred the deed from my name to thiers. This document was signed on 23 march 2015. currently because they have not done any of these Items I now have the Florida timeshare company chasing me for mainteance fees 10 months after they were due. This a fully signed document by both parties and therefore I consider this a contract between us that has been broken.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately due to various coss-jurisdictional issues that arise, it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Jamie-Law replied 1 year ago.

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

How did you pay the £8000 please?

Customer: replied 1 year ago.
Hi Jamie,
The first part of the payment was via MasterCard but I cannot remember how I paid the second part. The mad thing is this is a reputable company in Spain. I have since checked their trading position which is strong it is just that they have not fulfilled their commitment and now I'm in a position where my original timeshare company now Exploria in Florida are saying I still own the timeshare their, I still owe maintenance and my name is ***** ***** the deed. I just dont know what step to take next. I have threatened legal action and said I would give them 7 days to respond but so far I have heard nothing.
Expert:  Jamie-Law replied 1 year ago.

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.

You may not be able to issue it online if they are abroad.

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.

If you paid by credit card Mastercard then your card issuer may also be liable under S.75 of the Consumer Credit Act 1974

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I do have one concern and that is the company Heritage Resorts and Hotels operate in Spain but I believe their registered office for timeshare etc and where payment went was one of these offshore islands accounts. I'm currently at work and cannot remember the name but it is something like British Virgin Isles or similar. Does this change things. Finally do I have legal standing in the UK courts for a transaction that took place in Spain. Thank you for your help in this matter. regards Doug
Expert:  Jamie-Law replied 1 year ago.

You need to check the contract Doug to see what it says.

If it says BVI then you are stuck really. But you can still bring a claim for Credit Card Mastercard.

Does that clarify?

Customer: replied 1 year ago.
Sorry what does BVI stand for? Will this be stated in the contract somewhere?? I will once home confirm their address details.
To be honest I just want them to do what they said they will do no more but currently they are not holding up their end of the contract. What I don't understand is that they are a currently successful company operating very successfully.
Regards ***** *****
Expert:  Jamie-Law replied 1 year ago.

British Virgin Isles. Yes it will be in the contract

Does that clarify?

Customer: replied 1 year ago.
OK. Thanks. If I need further legal representation is it best to do it with UK solicitor or a UK/Spanish solicitor.This concludes the information I require and thank you.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5007
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Jamie,Further to the above situation which has been rolling on now since March 2015. I'm trying to assess the best way to move forward. Firstly I'm getting no response from Heritage Resorts on the issues I have with the contract and their commitment to it. Secondly I signed up to the contract in Spain and with Heritage Sales who I signed up with are based in Spain (Office address). The contract or should I say it is called a rules of occupation is based in British virgin isles. Therefore if I signed the contract document that displays the contract number and the document contains a Marbella address.??.
Your advise is welcomed.