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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Last Tuesday whilst on holiday in Teneriffe my wife and I having

Customer Question

Last Tuesday whilst on holiday in Teneriffe my wife and I having endured an 8 hour high pressure sales presentation agreed to pay £2k depositby debit card and a further 12k for a leisure pursuits (stated as not being time share)but included negotiating an end to our existing time share contract. Having done further research we now believe this to be a scam. The contract states that there is no cooling off period but my research leads me to believe that under European law as we paid a deposit there should be a cooling off period. Is my belief correct and if so how do I cancel?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

If your timeshare agreement is covered by the timeshare regulations, you get a 14 day cooling-off period during which you can change your mind. This period usually lasts 14 days from the day you signed the agreement, but it can be extended under certain circumstances. For example, the cooling-off period is extended if you haven’t been given certain written information about your right to cancel.

Some timeshare agreements aren’t covered by the timeshare regulations and so you don’t get an automatic right to a cooling-off period.

Alex Watts :

Tenerife is part of Spain who is a member state.

Alex Watts :

Therefore you can cancel within 14 days and you can get your money back.

JACUSTOMER-it83vmq1- :

Alex- The contract specifically states that it is a leisure pursuits contract and is not time share but the presentation included a reference that they would negotiate an end to our existing timeshare contract. They used scare tactics telling us that our existing contract could not be terminated without their assistance and that maintainance fees could be payable beyond the grave and our children would face the chareges or our estate cpuld be frozen to meet them.

Alex Watts :

You need to cancel by telephone, email and in writing by sending it via an overnight courier so it is signed for.

Alex Watts :

Is it for a period of time abroad etc?

JACUSTOMER-it83vmq1- :

What words do I need to use?

JACUSTOMER-it83vmq1- :

No it is for points that can be used to access leisure bpursuits and holidays.

Alex Watts :

Yes this is in effect timeshare.

Alex Watts :

You just need to say: Pursuant to the agreement signed on xxx date that this is notice that I wish to cancel and receive a full refund

Alex Watts :

Should you fail to do so within 14 days proceedings will be issued against you without further notice.

JACUSTOMER-it83vmq1- :

So what words do I use to cancel?

Alex Watts :

As above.

JACUSTOMER-it83vmq1- :

Is therea European law I can quote?

Alex Watts :

Timeshare Act 1992

JACUSTOMER-it83vmq1- :

But they say it is not a time share contract.

Alex Watts :

It is though, points are timeshare. They can argue the toss in Court./

JACUSTOMER-it83vmq1- :

I was hoping that it wouldn't have to go to court. They say that the contract is for leisure goods and services. Doesc that allow for a cooling off period?

Alex Watts :

Leisure services no. But if it smells like timeshare, tastes like timeshare and looks like timeshare then it is.

JACUSTOMER-it83vmq1- :

My research indicated that having paid a deposit all contracts were subject to a 14 day cooling off period and if that was not offered (as in this case) this could be extended. Is that not correct?

Alex Watts :

That is correct, the clock does not start ticking until you have been given cancellation rights. But it would be best to cancel within this 14 day period if you can. Alex

Alex Watts :

I trust that this resolves your question, if so I would be grateful if you could take a moment and rate the service I have given you, which I hope has been excellent, as it is an important part of the process. If you need more help or information then please click reply. Alex

JACUSTOMER-it83vmq1- :

So what European law applies to contracts other than Timeshare?

Alex Watts :

This is timeshare so that would apply here. Contract in the UK is common law so no legislation save where prescribed by law such as Sale of Goods Act etc.

JACUSTOMER-it83vmq1- :

Ok we hope this will do it

Alex Watts :

All the best and do please remember to rate my service to you today. I hope it has been excellent.

JACUSTOMER-it83vmq1- :

Sorry not totally satisfied.

Alex Watts :

What else can I help you with today about this?

Alex Watts :

I obviously want to get a good rating from you.

JACUSTOMER-it83vmq1- :

I need something (other than timeshare Act 1992) to quote.

Alex Watts :

You have posted this in the UK Property Law section. I can advise you on UK law and which laws apply in terms of governing your contract, but I can not give you Spanish legislation as I am a UK lawyer.

JACUSTOMER-it83vmq1- :

Then can you refer it to the correct representative? It did state tah we were in Teneriffe.

Alex Watts :

You do also have the

Alex Watts : The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
Alex Watts :

That states at Reg 7

Alex Watts :

(1) A “timeshare contract” means a contract between a trader and a consumer—

(a)under which the consumer, for consideration, acquires the right to use overnight accommodation for more than one period of occupation, and

(b)which has a duration of more than one year, or contains provision allowing for the contract to be renewed or extended so that it has a duration of more than one year.

Alex Watts :

This therefore covers you.

Alex Watts :

That is a Regulation and specific clause.

Alex Watts :

Does that help you?

JACUSTOMER-it83vmq1- :

Not really as it refers to timeshare.

Alex Watts :

Not quite, it states you get the right for use overnight accomodation

JACUSTOMER-it83vmq1- :

I don't think that will suffice.

Alex Watts :

If you signed your holiday club agreement on or after 23 February 2011, you can cancel your agreement annually. This means you have the right to end the agreement every year when your membership fee is due.

Alex Watts :

If you signed your holiday club agreement before the 23 February 2011, you won't be covered by the timeshare regulations. This means you don't have an automatic annual right to cancel your membership.

Alex Watts :

Therefore it is covered by the Regulations as I have previous stated for you.

Alex Watts :

It specifically states: "Holiday club agreements signed in a European Economic Area (EEA) country are protected by The Timeshare Regulations."

JACUSTOMER-it83vmq1- :

No annual membership fee- a one time payment.

Alex Watts :

Yes. I understand. You paid a deposit and it is subject to cooling off because you are buying accomodation

Alex Watts :

They are trying to get around the law, which they can not do.

Alex Watts :

They can call it what they want, but as I said, if it looks like timeshare, smells like timeshare then it is timeshare.

JACUSTOMER-it83vmq1- :

Ok I will try it quoting Timshare Act 1992. But I am not filled with confidence.

Alex Watts :

And the 2010 Regulations.

Alex Watts :

You have only paid £2k though right?

JACUSTOMER-it83vmq1- :

Yes that is correct but a furter 12k is due.

Alex Watts :

Yes thats ok then. In that case it would be very easy to sue them in the small claims Court'

Alex Watts :

Low value/

Alex Watts :

As I have given you additional resources and law might I invite you to reconsider your rating please?

JACUSTOMER-it83vmq1- :

Thank you but I am not fully satisfied that I have been given a fully satisfactory solution to my problem.

Alex Watts :

How else can I help you today then

Alex Watts :

Obviously I want to be fully satisifed.

JACUSTOMER-it83vmq1- :

It seems that you can't.

Alex Watts :

It is never very good when someone is not fully satisified and it is my goal to make sure that you are.

Alex Watts :

In fact it makes me very sad.

JACUSTOMER-it83vmq1- :

Sorry I don't see any future in continuing this correspondance.

Alex Watts :

I am able to assist with anything involving UK law.

Alex Watts :

I see you have now given me 2 poor ratings even though I have quoted you the law and directed you to confirmation of my answers from the Citizens Advice.

JACUSTOMER-it83vmq1- :

But the point is it is not UK law.

Alex Watts :

You did post it in the UK law category.

JACUSTOMER-it83vmq1- :

Forgive my ignorance of your system. But I continue to be discontent with the answers provided.

Alex Watts :

Yes I can see that by the 2 poor ratings you have given my UK Law answer.

Alex Watts :

Even though I have told you which legislation applies and indeed you have said you are going to use that knowledge.

Alex Watts :

There is no need to reply as the system thinks you are stuck and will show up in my inbox as requiring assistance.

JACUSTOMER-it83vmq1- :

I have stated that your answers do not give me confidence that it will resolve my problem because you quote UK law. I suggest we terminate this correspndance and I will seek advice elsewhere.

Alex Watts :

All the very best of luck with this and I do hope that you manage to get it resolved.

JACUSTOMER-it83vmq1- :

Thank you.

Alex Watts :

You are most welcome/.

Alex Watts :

Of course if it turns out my answer is useful in future I would invite you to re-rate my answer.

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