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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5985
Experience:  Spanish Attorney
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In May 2015 my wife and I entered into a contract in Tenerife

Customer Question

In May 2015 my wife and I entered into a contract in Tenerife with a company called Eze Group for the purchase of "Leisure Credits". We paid a deposit by Debit Card at the time of signing, and a substantial balance on 20th May 2015. (We were not given a cooling off period).
We have recently been informed that we should have been given a 14 day cooling off period before any money was taken, and that the contract is therefore an illegal contract, and that the Spanish Civil Code (Clauses 1262 et seq) provides the legal right for Timeshare/Holiday Club owners to terminate their membership; have their contract declared null and void and recover all the monies paid (including interest).
I shall be grateful to receive your opinion about the above, and whether we have any chance of recovering the money.
With thanks, ***** *****
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there
There are more rights given from RDL 1/2007 texto refundido sobre protección de consumidor y uuario
This law is about consumers protection and give you 14 days cooling period and further than that they are force to provide you with a signed contract to know your rights
If they never give you a signed contract with your rights, and the cooling period the contract could be nule.
You do not lose anything if you ask now for a copy of the contract signed then and they if refuse to give it to you, contrat a local atorney here in Spain to demand them at court
Thank you
Link to the law
http://www.cuatrecasas.com/media_repository/docs/esp/spain._international_consumer_protection_920.pdf
José M. and other Spain Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Senor Jose M.
Thank you for your reply. We do have a signed Agreement signed by ourselves and Eze Group but it states that "Leisure Credits" are not a Timeshare or Holiday Club product and not covered by Timeshare Regulations or the EC Directive (2008/122/EC). Eze Group also say that the purchase does not have a cooling off period and is none cancellable.
Does RDL 1/2007 texto refunido sobre proteccion de consumidor y uuario or any other law give us rights against Eze Group?With thanks, ***** *****
Expert:  José M. replied 1 year ago.
Hi there
The contract was signed in Tenerife (Spain, Europe), so they have to respect the laws you have as a european consumer.
Buy we have to study the case thinking about our chances
Try to get where they have a legal adress
If they have an european adress, whatever, they have to respect your european consumers rights
If they don´t, the problem is not the law and the rights you have, the problem is that you should sue them where they have their legal adress and if they are profesional scamers, as I think they are, you really have no chances to go againts them
Let me know where they have the legal adress and I will study what chance we have
Thank you
Customer: replied 1 year ago.
Senor Jose M.
Thank you for your prompt reply. I have located a correspondence address in Tenerife for Eze Group :- Calle Extremadura 10, Local 1, Altos del Roque, Roque del Conde,38660, Adeje, Tenerife. Tel: 0034922788217.
The company is registered in England and Wales Reg No:(###) ###-####but I have not yet found a UK registered office.
Thank you, ***** *****
Expert:  José M. replied 1 year ago.
Thats perfect for youIf they have an spanish adreess they are under spanish law 1/2007Even if you signed and agreed not to be you are because its a legal right you haveLegal rights are there which the consumer can no avoid and they remain even when consumer sign that they do not want them thereSo, let them know you are going to sue them according spanish law, contract a legal atorney there who claim them your refound even in courtBe sure that they are under spanish lawIn the other hand, if they are scamers and the adress is false, you could denounce them to the police as scam victimI am in Google and they do not look like to be too much honest and clear even when they does existhttp://timesharebusinesscheck.org/regency-shores-sl/The fact not to be scamers is very good for you in order to have the chance to sue, demand, them at courtThank you
Customer: replied 1 year ago.
Thank you again Senor Jose M.
If I locate the Registered Office in England, can I sue Eze Group in England or is Spain the proper place to sue because that is where we signed the agreement?
Thank you, Anthony.sharp
Expert:  José M. replied 1 year ago.
Hi there
International law says the aplicable law to be use in your case is the national law of the demanded person and it is given for his legal adress (Spain)
Spanish law, RDL 1/2007, article 10 says that even you signed you agree that you choose another law, the aplicable law is spanish law and your renounce is nule
So, you can sue them in Spain and under spanish law
Thank you
Customer: replied 1 year ago.
Senor Jose M.
My next question is about my next actions. Do you consider that the following will be the best way to proceed?
1.That I write or email Eze Group to inform them that my wife and I consider that we have been illegally sold "Leisure Credits", under Spanish Law 1/2007, and that we intend to sue for repayment of all our payments.2.We would like to appoint you as our attorney to act for us even in court, if this is agreeable to you.Thank you for your answers to my questions.
Anthony Sharp
Expert:  José M. replied 1 year ago.
Hi again Sir
I will explain what I do In your case, if I were you
If I could go to their adress I ask them for an oficial claim sheet, which they are forced by law to have them for you
If they deny to give it to you, call to the Police
If you got it or with the act of the Police I´ll let them know my intention to send a claim to the Gobierno de Canarias, inspección de Consumo if they do not pay me back
http://www.gobiernodecanarias.org/cicnt/temas/comercio/inspeccion/actuaciones.html
If they do not take care of our threat we will send the claim to the Gobierno de Canarias explaying the case
Once we have done it we could send them a new threeat, about to sue them at court
I could take the job if you want but these are the steps to follow
I send you may mail if you want to send me the copy of the contract, I will study it and ley you know how to manage
Thank you
Customer: replied 1 year ago.
Hi Senor Magadan,
Did you receive my email with the Eze Group agreement attached?
I hope you can study it and give your opinion about our chance of having the agreement declared null and void.
Best wishes, Anthony Sharp
Expert:  José M. replied 1 year ago.
No I did not recibe itI send you a mailThank you

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