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In September of last year my wife and I attended a presentation on timeshare termination. At the presentation, which was on a one to one basis, we were told there was no risk because if for whatever reason the company concerned could not achieve a termination we would receive a full refund.
On that basis we entered into a contract with the company who were committed to achieve a termination within a 26 week period. I was told last Thursday that they had not been able to achieve the termination and that my title deeds would be returned to me and my file submitted to their accounts for refund.
The wording of the contract states:
c) If we are not for any reason able to obtain a full release from your obligations and future charges under the terms of your timeshare agreement, then we will give you a full refund of your payment unless this has been caused by any breach or failure upon your part in which case we are entitled to retain the charges in full.
e) Under this agreement, we guarantee to obtain the release from your timeshare obligation within a period of 26 weeks from the date of instruction.
f) If <name of company> fail to complete the release in the given time period provided at the date of instruction as a result of any delay by our Transfer Consultant or one of their fulfilment partners, then you have the option to obtain a full refund.
I paid an an initial amount of £1000.00 on my debit card followed by 2 further payments of £2000.00 on my credit card on receipt of the contract.
I have been reading through the contract papers and have just noticed that the receipt for the payments attached to the contract states:
I/We understand that the total cost of this serice is: £5000.00
I/We understand that I am paying an instruction fee of £1000.00
I/We understand that the remaining balance of £4000.00 is to be paid within 14 days (09/10/2017)
My question now is can the company argue they are entitled to retain the original £1000.00 or am I entitled to a full refund of the £5000.00. At no time during our initial meeting, nor as far as I can recall when we were discussing the contract, was any mention made of any instruction fee, I was under the impression it was just an initial payment, nor is there any mention of this in the contract other than as stated above. There is also nothing on their web site about charging an instruction fee. If I end up paying the £1000 then clearly I am at fault for not realising the impact of the wording.
Also, if I do end up paying the £1000.00 am I entitled to request a full explanation as to what work has been done including why they were unable to achieve the termination, because at the moment I have no idea of what their agent did, if anything. That said, the UK company people I have dealt with have always been very helpful and professional.
I am hoping I will not get embroiled in an argument about the money thought I would see how I would stand, just in case.
Thanks
On that basis we entered into a contract with the company who were committed to achieve a termination within a 26 week period. I was told last Thursday that they had not been able to achieve the termination and that my title deeds would be returned to me and my file submitted to their accounts for refund.
The wording of the contract states:
c) If we are not for any reason able to obtain a full release from your obligations and future charges under the terms of your timeshare agreement, then we will give you a full refund of your payment unless this has been caused by any breach or failure upon your part in which case we are entitled to retain the charges in full.
e) Under this agreement, we guarantee to obtain the release from your timeshare obligation within a period of 26 weeks from the date of instruction.
f) If <name of company> fail to complete the release in the given time period provided at the date of instruction as a result of any delay by our Transfer Consultant or one of their fulfilment partners, then you have the option to obtain a full refund.
I paid an an initial amount of £1000.00 on my debit card followed by 2 further payments of £2000.00 on my credit card on receipt of the contract.
I have been reading through the contract papers and have just noticed that the receipt for the payments attached to the contract states:
I/We understand that the total cost of this serice is: £5000.00
I/We understand that I am paying an instruction fee of £1000.00
I/We understand that the remaining balance of £4000.00 is to be paid within 14 days (09/10/2017)
My question now is can the company argue they are entitled to retain the original £1000.00 or am I entitled to a full refund of the £5000.00. At no time during our initial meeting, nor as far as I can recall when we were discussing the contract, was any mention made of any instruction fee, I was under the impression it was just an initial payment, nor is there any mention of this in the contract other than as stated above. There is also nothing on their web site about charging an instruction fee. If I end up paying the £1000 then clearly I am at fault for not realising the impact of the wording.
Also, if I do end up paying the £1000.00 am I entitled to request a full explanation as to what work has been done including why they were unable to achieve the termination, because at the moment I have no idea of what their agent did, if anything. That said, the UK company people I have dealt with have always been very helpful and professional.
I am hoping I will not get embroiled in an argument about the money thought I would see how I would stand, just in case.
Thanks
