How do we stand?

[wilko1]

My daughter was on holiday in Magaluf in the summer with some friends.

 

 

On a drunken night out they were approached by someone selling the ultimate after party

i.e. get back home and then a few months later meet up for the weekend in Wales for a reunion.

 

 

They paid a deposit in cash. They now can’t make it and were prepared to write off the deposit, the organisers have been informed.

 

They have now received a letter saying that they have to pay in full as per the terms and conditions, that they supposedly signed in their drunken stupors, a copy of which we don’t have. If they don’t pay in full the organisers will pass their details onto a collection agency. The party is still two months away.

 

So how do they stand about not paying the balance.

 

Thanks

[PGH7447]

Dont pay, have you got the terms and conditions? did they get the terms and conditions when they alledgedly signed up to this wonderful after the event party

 

sounds like a [problem] anyway

[gizmo111]

Write back and ask for a copy of the agreement and the terms and conditions. Don't pay anything.

[wilko1]

One of the other kids has a terms and conditions, and sure enough it says that if you cancel you have to pay in full. Does it make any difference signing these agreements abroad whilst drunk? Looks like she'll have to pay, it just makes my blood boil that they can prey on drunks.

[palomino]

Hard lesson learned.

[Hobbie]

Surely if this contract was signed outside of the jurisdiction of the UK Courts, then the debt wouldn't be able to be enforced within the UK?

 

A number of European countries have a "TOWN" box next the where the signature goes on a contract, so that should it be disputed later the contract clearly shows what jurisdiction the contract was signed in.

 

Even if it is passed to a "collections agency" all these people can do is bark, as they've no bite anyway.

 

Plus signing a contract whilst not in a right state of mind (ie. ****ed) wouldn't really have much to stand on.

 

I personally wouldn't give it a second thought, and just forget about it, but you may wish to seek further advice of course.

[PGH7447]

I agree with Hobbie, and does the T&C's specify a cooling off period, if not then I'm pretty sure that makes it invalid

[palomino]

I agree with Hobbie, and does the T&C's specify a cooling off period, if not then I'm pretty sure that makes it invalid

 

That depends on the jurisdiction. The law in Magaluf may be different.

 

Whatever, if the contract is subject to UK law then it is invalid. If it isn't then the claimant's are trying to enforce it in the wrong jurisdiction.

[palomino]

[blushing furiously ...] Where's Magaluf?

[Hobbie]

It's in Mallorca and that is a Spanish island

[wilko1]

Thanks for the replies.

I’ve now got hold of the signed booking form. Under the signature box is the event organisers address, which is in Preston. There is nothing on the form to say it was signed out of the UK. How does that effect us?

The booking conditions are on the back and there is no mention of a cooling off period, does that make it invalid?

Also on the booking conditions it says that, you will receive an invoice with all the booking details within 4 weeks of paying the deposit. It has been 10 weeks and we haven’t received it.

On the booking form it states that, the balance must be paid by the contracted final payment date, there is nothing on the form to say when that date is. Can this be interpreted that we have forever to pay the balance?

The printing on the form is so small if I scanned it and posted it no one would be able to read it.

Any input would be appreciated.

[wilko1]

Can a signed booking form with the booking conditions on the back, be construed as a credit agreement.