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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a contract with a holiday co, after 3 months recieved

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I have a contract with a holiday co, after 3 months recieved a telephone call asking me to pay the full amount about $20,000
the contract states that is is $15,000. thought this must be a scam , so finnished call and called holiday co and informed co that had recieved this call, was told that the phone call was from the co and that this is the price, the amount on the contract is in Australian dollars and after, tranfer owe $20,000 ish, checked contract no notice of foreign currancy, so then started contact with co tho email received a copy of aplication for contract that states $20,000
but contract stated $15,000 , co would not discuss this , was willing to with contract amount but have now lost faith in co, as the aplication is different from the contract, is there ground for cancellation or do I have to settle for the contract amount, the co still expects me to pay the $20,000 not the amount on the contract?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : This does sound suspicious, and certainly if no currency is stated then by default this would be NZ dollars. The attempt to extort extra money looks like misleading and deceptive conduct in the course of trade.
christhelawyer : That is under the Fair Trading Act, and would enable you to get the correct amount clarified in a court action, or in the Disputes Tribunal.
Customer:

how do i deal with this as the co will not lisson is there a law that I can state

Customer:

this co is beieng looked into by the better business b

Customer:

there is over 5000 in Nz assume there all will have the same info this will = $25,000,000 in fraud a real large fraud case??

christhelawyer : whether this is a sufficient breach to enable you to cancel the contract entirely is not so clear. I can understand why after this you have lost faith in the company. The Contractual Remedies Act does allow you to cancel a contract for a substantial breach, and an attempt to extort another $5000 does look bad. You would need to contact the company and tell them you want to cancel because of their attempted fraud. This is a really large fraud case though, if you are thinking Serious Fraud Office.
christhelawyer : I meant, this is NOT a large fraud case
Customer:

have requested cancellation no luck and yes this SFO would be with in there case load!

christhelawyer : If they refuse to accept the cancellation, they would then need to sue you to enforce their contract and your defence would be the attempted fraud. But there is a risk the court would say you have to pay the $15000, although I am sure the court would be sympathetic. The court could however agree that this is a serious breach. There is a risk.
Customer:

so the next action would be to stop psayment , however have paid the $2500 already and would like to get this back, might have to write that off as alesson in life

christhelawyer : You could claim that back in the Disputes Tribunal where you are likely to get a good hearing. Time share companies are sometimes reluctant to go to courts because they know their dodgy behaviour will be criticised. Or you could do nothing and wait to see what they try.
Customer:

ok can I state this info to them or should i get a letter headed letter from a lawyer?

Customer:

is this realating to New Zealand law or USA?

Customer:

ok then I understand that you are not contracted lawyer, but I need to know the next step, should i contact alawyer or DT or SFU?

Customer:

did not sign off

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18771
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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