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Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I have purchased a timeshare in a boat and a year later

Customer Question

Hi, I have purchased a timeshare in a boat and a year later they doubled the costs, which they said could not happen, to trap me in the time share. So I stopped paying and walked away. I want to get out, but they have kept charging me and are now taking me to court. I should have signed a contract, but they made a mistake and I have never signed anything. But I did admit before a preliminary hearing that I bought a share from them. I perhaps should not have admitted that?
If they take me to court can i make a defense that as I didnt sign anything I am not in a contract with them?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you admit to signing it please?

JACUSTOMER-9bk3tquo- :

Hi, no I never signed anything and I said at the preliminary hearing I had never seen the contract, which is all true. But rather stupidily I did admit to joining the timeshare. Is there any way I can get out of it?

JACUSTOMER-9bk3tquo- :


Alex Watts :

Was that in evidence you said that or just at the CMC?

JACUSTOMER-9bk3tquo- :


JACUSTOMER-9bk3tquo- :

Hi, what is the CMC? I had a preliminary hearing, the judge asked me if I had ever seen the contract before, I said no. The person taking me to court admitted I never signed it. So I have never signed anything. Can I not just say for my defense I never signed anything and did not agree to those terms so I have nothing to defend? Or because I admitted to being in their timeshare for a short while it is too late for that? I just need to know one way or the other so I can either negotiate or continue my defense.

JACUSTOMER-9bk3tquo- :

I joined a boat timeshare, but never signed anything. They promised me no hidden costs and 6 weeks holiday, I only got 2 weeks holiday and then they doubled the costs. So I said this is breach of contract and I am walking away. I paid £3000 for a 2 week holiday worth about £600. But they continued charging me, they now want another £3000.

JACUSTOMER-9bk3tquo- :

I just want out of the contract. I never signed anything. But have admitted in a preliminary hearing that I did join the timeshare, but never saw or signed the contract (which those taking me to court have admitted), I never signed anything.

JACUSTOMER-9bk3tquo- :

If I am still obliged and owe then the money, I need to negotiate now, before it goes to court.

Alex Watts : Cmc - case management conference.
Alex Watts : if you never signed the contract you are not bound.
Alex Watts : it is that simole
Alex Watts : simple
Alex Watts : no contract means no debt
Alex Watts : so yes you can say You never signed one.
Alex Watts : That is your defence. They will have to prove you did.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-9bk3tquo- :

Hi, I never signed anything, but I admitted to the judge in the preliminary hearing that I was part of the syndicate.

Alex Watts : That does not make any difference.
Alex Watts : it was not in evidence and it won't be the same judge hearing the trial.
Alex Watts : Does that clarify?
JACUSTOMER-9bk3tquo- :

Hi, in my written defense I admitted I joined the syndicate, rather stupidly. Even though I never signed anything.

Alex Watts : Ah I see. You are stuck with that. But if you did not sign anything then you can still ask them to prove a contract.
Alex Watts : There is nothing In writing which makes it hard for them.
Alex Watts : Does that help?
Alex Watts :

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