Ask a Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
What was the money paid for?
To get our names removed from the deeds of the two weeks timeshare
ok let me get my response ready please
Due to widespread fraud in the timeshare industry, European lawmakers introduced certain regulations which apply across all European countries. The main piece of legislation is 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 offered the chance to dispose of your timeshare and have been asked to pay any money in advance of or during this cooling off period, then that is an unlawful request and suggests that this is most likely a scam. The request is often disguised as a requirement to pay certain fees, such as legal fees, taxes, insurance, deposit, etc. However, none of these would be valid reasons and you should not be required to pay anything within this initial 14 day cooling off period.
If you have already paid something, 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.
We bought the timeshares some years ago so the time limit does not apply. However the maintenance fees keep rising and being on a pension I cannot afford them any longer so was looking for a way to get out of them. Originally the timeshare company said that they would always buy back if at any time we found our circumstances changed, but upon asking them about this they deny it and say that we must keep paying.
What time limit are you referring to?
The 14 days
that is not counted from the time you bought the timeshares - the relevant transaction here is the attempt to sell them, so it is from then that it would count
This took place in December/January so is still outside of the time limit.
ok in that case you may still contact them and query why a payment was taken when the law does not allow it and try to get your money back because the risk when you pay in advance is too great
If this is a scam as we have now been told it may be then there will not be much chance - but are they genuine or not?
You say it is the Independent Timeshare Refund Action, is it not the International Timeshare Refund Action
My apologies you are correct it is international
not great reviews to be honest, there have been reports of successful sales but they are far and in between. The issue is that they go through all sorts of different brokers and companies so that the company ITRA itself is not solely responsible, it is like a cooperative where they forward your case to a specific firm so it is hit and miss as to what you may get out of it. It is impossible to confirm if something is a scam until you have realised the money has been lost - it is how scams operate often
So we are really no further forward
Well I cannot tell you, you are 100% involved in a scam, because unless you are the person behind this scam you would not know about it - the reviews are mixed so that is why you cannot get a definitive answer on whether it is a scam or not so all I can tell you is the law that covers this and what your legal rights are
OK Thanks for your advice, although we are no nearer sorting this out at least we know that there may be dubious situations and will have to try and keep on top of the situation.
You are welcome, it is now a matter of trying to get the money back if possible by dealing directly with them
Right I will contact them directly and see what happens.
I take it that we are finished here now
It is up to you, I am happy to answer any further queries you may have
I don't know of anything else so goodbye.Ray
ok all the best