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. Do you know where they are based?
Why specifically did you cancel?
Hi Ben..it was a cold call...but they said they got our name from a holiday company Interval International...which is in partnership(if that is what you call it) with Diamond resorts...of which we are members....most probably we did not tick the box which allowed our details to be shared....Basically we canceled as we thought it a scam...after 2 calls from them saying we still owe the money...we are not happy with their hard sell...could be genuine ...but we did not want to take the risk
Generally if you had agreed to go on the holiday and had paid for it, that would be a legal agreement which you would be bound by. There are laws that deal with sales over distance, such as over the phone, where you get an automatic cancellation period, but they do not apply to package holidays. Part from that the law does not give you an automatic cancellation period so if the company did not offer you one or did not mislead you into thinking there was one where there actually wasn’t, you would not usually be able to cancel. Therefore, you may potentially be acting in breach of contract if you had cancelled it without having the contractual right to do so.
However, all is not lost. It is not uncommon for companies in their position to kick up a fuss about this and make all sorts of threats about the money you owe them and tell you that the law will come crashing down on you if you do not pay. They can threaten you as much as they want but unless they actually go ahead and take this to court and win, obtaining judgment against you, you cannot be forced to pay them. Due to the relatively low amount involved, the fact they are abroad and the general costs and time involved in claiming, I do not see it as a likelihood that a claim will actually be made in this case. They could just continue threatening you and eventually give up, so you could try and calling their bluff to see how far they would take it. Of course if you see a claim being made against you then you need to reconsider your position and see if it is worth paying them to stop that but until then you can stand firm and hopefully this steam will all just blow away eventually.
thanks that's sound advice you have given us....can they go debt collectors or do they have to go to court first...and can they affect our credit rating...by the way it is not a package holiday...as it is just for accommodation in so called luxury resorts...it is a week to be taken anytime in the next 4 years...does that make a difference?
They can go to debt collectors first but they have no legal power to force you to pay them and they just serve as a nuisance and a threat, your credit rating may only be affected if they go to court and win and then you fail to pay them within the defined period
the nature of the holiday won't affect things
You said there are laws that deal with sales over a distance..such as phone where you get an automatic cancellation period, but they do not apply to package holidays...so there is no protection at all for consumers...even though they are based abroad...why are holidays excluded...I'm grabbing at straws here....
they are not included because they have their own rules but these rules do not allow for immediate cancellation, you are protected if the holiday is not as described for example
Just been looking online at their website ...nowhere is there company registration in Spain or Uk...nether do they provide.an office or company address...no mention of any terms or conditions on the web site
this would not allow you to cancel I am afraid
Many thanks Ben...we'll brave it through....just pleased our credit rating cannot be affected without going to court...thank you for your excellent service...have a good day..Ursula
you are most welcome, all the best