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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22828
Experience:  Senior Partner at Berkson Wallace
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I and my partner entered a credit agreement for what turned

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I and my partner entered a credit agreement for what turned out to be a timeshare when on holiday in Malta when I went back the next day to cancel the agreement I was told I didn’t have a cooling of period and that its to late,I’ve now been pesterd by a dept company despite never paid a penny can you advise me please
Assistant: Have you thoroughly reviewed the contract?
Customer: No I took it back the next morning told them I changed my mind and left it ther
Assistant: What steps have you taken so far?
Customer: None
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 8 days ago.
at the time I signed I was a bit intoxicated and wasn’t wearing my contacts or glasses my partner struggles anyway to read , we were put under high pressure salesman and just wanted to get back to our Holliday

Hi thank you for your message, so this was signed in Malta?

Customer: replied 8 days ago.
Yes it was

Hi thank you for your message, unfortunately this will therefore be governed by the law of Malta and I am unable to advise.

Customer: replied 8 days ago.
Thank you

My colleague said, this is governed by the laws of Malta.

My suggestion is to tell the debt collectors to get lost, you are not going to pay another penny and that if they feel that they are going to get any money out of you, they should take you to court.

I can tell you now, from experience, (with no guarantee) it is not going to happen. They use these high-pressure tactics and some people give in.

Fortunately, you haven’t paid any money.

Remember also that of its Malta, they are going to have to take you to court in Malta and that’s not going to be particularly practical.

Let me put it this way, if I was in your situation, that would be what I would do.

If they continue to hassle you, tell them that you have been advised to report them to the police under the Protection from Harassment Act and section 40 of the Administration of Justice act and ask for the company name and the name of the individual if they are speaking to you.

If they are writing to you, then write back and say the same. Tell them not to write to you or ring you ever again.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 8 days ago.
Malta is in the EU so do I have the same rights as I have in England
Customer: replied 8 days ago.
Thank you so very much for your help Stuart j

Remember that the Consumer Credit Act right to cancel goes back a long time along with the right to cancel and a lot would depend on whether there was an equivalent EU provision and whether that EU provision had been adopted in Malta.

 

You would need to speak to a Maltese lawyer.

 

But you may find this useful: https://www.timeshareconsumerassociation.org.uk/advice/how-to-cancel-timeshare/

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22828
Experience: Senior Partner at Berkson Wallace
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