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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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good evening I just returned from a stay at an anfi complex

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good evening I just returned from a stay at an anfi complex in Gran Canaria, I signed up for a timeshare on 06/11/12 it came with a cooling off period (14days) form named Annex V of Spannish Law 4/2012, due to a change in my circumstances I want to cancel the aggreement with Anfi, do you see a problem?

Attorney3044 :

Hi

Attorney3044 :

I am on line to answer your question

Attorney3044 :

In order to know what its the penalty if you broke the contract we should study the contract

Attorney3044 :

You have to have one contract, by law, and on it has to be included the penalty if you broke it

Customer:

ok there was no cash only bank accounts given

Attorney3044 :

Do you have a contract?

Attorney3044 :

Have you signed it ?

Customer:

yes i have a contract and yed i signed it

Attorney3044 :

when do you signed it?

Customer:

on the 6th Nov 2012

Attorney3044 :

Ok, the law in Spain is

Attorney3044 :

You had 14 days since you got the contract to broke it without penalty

Attorney3044 :

Now you have to pay the penalty signed

Customer:

I intend e-mailing them tomorrow should I also send a recorded letter

Attorney3044 :

Sure, everithing you send to them make it in a official way

Attorney3044 :

I recomend you a burofax

Customer:

when you say Now you have to pay the penalty signed"what do you mean

Attorney3044 :

Another exit for you its to study the law and check if they have amde all the legal formalities on contract

Attorney3044 :

I mean than in your contract has to be the penalty you have to pay if you broke it

Attorney3044 :

Check the penalty on contract in case you broke it, this is the worst they can do against you

Attorney3044 :

And in order to avoid to pay them we have to study if they have make real the legal regulations in the contract

Customer:

its a big contract split into a lot of sections

Attorney3044 :

Well, you could denounce the contract in the closer consumer protection service, in the city hall, provincia or comunidad autonoma, in order to check for free if the contract its legal

Attorney3044 :

Most of them are not because they are not under the law I have send you and another one, RDL 1 / 2007

Attorney3044 :

If the contract its not legal you do not have to pay anything

Customer:

I'm back in the UK now is there a contact advice e-mail I could contact would I send them the contract

Attorney3044 :

Consumer service oficce will check it for you for free if you put a claim, a denounce

Customer:

what does that mean

Attorney3044 :

I mean that the consumer service office in Spain will check for you, for free, if the contract its legal if you put a claim

Attorney3044 :

You could contact with them even being in UK

Customer:

I see I cant see a clause for cancellation fee in the contract

Attorney3044 :

There its not ? The contract dont tell what happen if you broke it ???

Attorney3044 :

Its not usual

Attorney3044 :

If there its not a penalty in the contract they can do anything againts you

Attorney3044 :

It has to be there for sure

Attorney3044 :

check the contract carefully

Attorney3044 :

It has to be there for sure

Attorney3044 :

And the only way you have in order to avoid to pay its to check that if we could probe that the contract its not legal

Attorney3044 :

And you could check it for free if you put a claim at the consumer ptotecction office in Gran Canaria

Attorney3044 :

If the contract its legal you will have to pay the penalty signed in contract

Customer:

it does say the member has 14 days from the date of signing the contract during which it may be cancelled at the members discretion should the member cancel he will pay no expenses

Attorney3044 :

Yes thats right

Attorney3044 :

14 days

Attorney3044 :

In 14 days the member has the right by law to reject the contract

Attorney3044 :

to broke it

Attorney3044 :

He has not to justificate why he does, he has the right to do it by law

Attorney3044 :

If he does no penalty could be charged

Customer:

it does not say anywhere that there is a financial penalty inside the 14 days but they must receive a letter, it says that its not lawful to recieve a payment inside 14 days

Attorney3044 :

Ok, the 14 days are only when we sign the contract

Attorney3044 :

Once we have signed we have 14 days to broke, by law

Attorney3044 :

Now its not your option

Attorney3044 :

Now, if you want to broke ityou will have a penalty

Customer:

thats good yes?

Attorney3044 :

And you only could avoid to pay the penalty if you probe that the contract its not legal

Customer:

ok thanks I'll contact them tomorrow to cancel and see what they come back with

Attorney3044 :

Ok

Attorney3044 :

Lets see what they tell you

Attorney3044 :

You could contact me tomorrow and we could chat about it

Attorney3044 :

Thank you

Attorney3044 :

I gently ask for a good evaluation of the service

Attorney3044 :

If you do not do it the site do not pay me

Attorney3044 :

thank you

Customer:

thanks I may do that

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