I have recently joined a holiday club whilst in Spain, I paid £1500 (none refundable) on the day of signing and had 14 days in which to cancel, When returning home I did a little research and could not find any information on the holiday club only a login page and some bad comments left by other holiday people. I have now decided to cancel membership but have left it too late as the 14 days have expired I informed the company that sold us the membership that I would be cancelling and they have told me that I cannot cancel outside the 14 days an I now owe them the remaining balance (£4445). I have since wrote to them cancelling the agreement saying due to misrepresentation they have telephoned me saying that they are going to pass the debt over to a UK debt collecting agency. The agreement is written in English but says that "The construction, validity and performance of this contract shall in all respects be governed by Spanish Law and will be subject to the jurisdiction of the Spanish Courts". Can you clarify if the contract should be written in Spanish with a certified English translation and if so, both copies English and Spanish should be signed by myself.
I am an spanish attorney
Your rights as a consumer are in the spanish law RDL 1/2007
Inside another ones, I will mencionate
You have the right to get a contract in english Art 97 and more
You can not be forced to go to spanish court because the spanish law forces the company to demand in the place where the consumer is
You have the right to get a contract without abusive clauses Art 82 and more.
If you do not sign in the companys place and you make the deal out of it and they have not provide you with a english contract the business is NULE an you have the right to get you money back
You have right of withdrawal Art 101 an more
The accounts are very important and you have all the rights to get your money back as they have violated most of your basics consumer rights
I invite you to contact an english speaking attorney in order to demand them for all of this
Usually you could go to the consumer protection sistem in Spain looking for justice and It is free, but as long as you have a great account on it I suggest you to make it with an attorney and in court.
I will be here if you need more help, best regards
I have an English copy but no copy in Spanish
You have not the way of the contract, the contarct in spanish its not compulsory, but some clauses are obviusly abusives as the one which forces you to go to spanish courts
In the worst position for you, you only will lose the deposit, never more.
If you have a legal contract you can no force them to lose the deposit
You have the way, a free way, to put a claim in the spanish consumer service in order to look for abusives clauses which force them to give the deposit back
In no way you will have to lose more than the deposit
As long as I am not in conditions now to secure that tou could get the deposit back, I invite you to put the claim in the consumer services of the city hall where they are in spain asking for the deposit, its free and it is the only risk you will take, not getting back this money
can this company pass the debt on to a uk debt collecting service or are they acting illegally by doing this
Its very risky for them to do that because the debt its not firm and you could demand them if they do that
Until a judge says that you have to pay you do not have to, because the debt its not firm
First they will go to court to get the right to make firm
I think this posibility its very small and veruy risky for them if you demand them if they do it
If you have more question please let me now, if not, please make a good evaluation of the service
I have received a letter today from a UK debt collection agency I have telephoned an advice centre in the UK they asked if the company gave us a withdrawal form when we signed the agreement as they did not then that gives us the right to to 1 year and 14 days to cancel under the new timeshare directive also they should not have taken money on the day of signing and are breaking the law. does this sound correct?
As I told you they have broken several of your rights as a consumer
One of them its that the contract has to get inside the consumer right of withdraw and take deposits until you get the contract
The law says ( I hope this tralation will be ok )
The contract must include a literal reference to articles 10, 11 and 12 of the law 42/1998 of 15 December, which explain the system to desist or to rescind the contract within a certain time period, the prohibition of cash advances by the seller during this time, and the resolution of loans linked to the purchase when it is terminated.
As I told you, the consumer office in Spain, because it the place where you can demand, may be very helpfull for you
If they demand you, they have to do it in England
Here you got the law you mean in spanish
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