Login
|
Contact Us
Employment Law
Employment Lawyers Can Answer Your Employment Law Questions
Ask an Expert
Ask a Solicitor
Employment Law Questions
How JustAnswer Works:
Ask an Expert
Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
Get a Professional Answer
Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
100% Satisfaction Guarantee
Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
,
UK Lawyer
Category:
Employment Law
Satisfied Customers:
50191
Experience:
Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now
Following a call from Hotweeks I decided to proceed with the
This answer was rated:
★
★
★
★
★
Following a call from Hotweeks I decided to proceed with the purchase of 2 weeks holiday accommodation with them. Although I have made a payment for the holidays I have not yet signed a contract. On reflection and discussions with my wife, I would like to know if I have a right to cancel and receive a refund.
Share this conversation
Expert:
Ben Jones
replied 2 years ago.
Hello is this a timeshare type of holiday?
Ask Your Own Employment Law Question
Customer:
replied 2 years ago.
It's not a timeshare, but it's a promotion for hotel accommodation administered by hotweeks. A one-off payment of £344 entitles us to 2 weeks accommodation at selected resorts abroad - each week can alternatively be split into 2 3-night breaks in UK. There is a requirement to attend a presentation each time, and I'm not happy about having to waste up to half a day on a 3 night break.
Expert:
Ben Jones
replied 2 years ago.
Would you say that the following definition covers your situation: A contract where the consumer acquires the right to obtain discounts or other benefits in respect of accommodation, and 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?
Ask Your Own Employment Law Question
Customer:
replied 2 years ago.
Yes - that seems to cover it
Expert:
Ben Jones
replied 2 years ago.
OK, this will be covered under the European Timeshare Directive (implemented in the UK under the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010). The law provides for an automatic 14-day cooling off period from the date the contract is signed and makes it illegal for businesses acting as timeshare or holiday club sellers or resellers to ask for any payment from the consumer within that period. There is also the right to cancel the contract for any reason within that period without incurring any penalties. Therefore, if you have been asked to pay any money in advance of or during this cooling off period, then that is an unlawful request. Also you will have the right to cancel within 14 days of signing a contract and if you have not even signed that yet the right will still apply. If you have already paid something and/or wish to cancel, then you must contact them immediately and ask for your money back, citing the above legislation and reminding them of your rights and their obligations. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to pursue the refund if they refuse to issue it, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Ask your own question now
Expert:
Ben Jones
replied 2 years ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Ask Your Own Employment Law Question
Share this conversation
Related Employment Law Questions
Question
Date Submitted
I have an employment law question Assistant: Where are you
24/04/2018
24/04/2018
I have had an unfair work dismissal, what can i do?
24/04/2018
24/04/2018
I have worked for my employer for ten years. 4 years ago i
23/04/2018
23/04/2018
My company has undergone a restructure, as a result of this
23/04/2018
23/04/2018
I have been working for my current employer since January
23/04/2018
23/04/2018
I received a kerb crawling warning letter in 2016. I was not
23/04/2018
23/04/2018
My company is looking to reduce the management team from 8
23/04/2018
23/04/2018
Ben, You have previously been helping me with a situation at
22/04/2018
22/04/2018
I would like to hear your advice in this matter. I worked
22/04/2018
22/04/2018
I am three and a half months into my probationary period. I
21/04/2018
21/04/2018
X
Ask a Solicitor
Get a Professional Answer. 100% Satisfaction Guaranteed.
Solicitors are online now
Type Your Employment Law Question Here...
characters left: