Holiday Club Gran Canaria ? - intrum justitia Debt Collection Threat

[mikeb1]

Hi All

I hope I am posting in the corret thread here, if not can admin move it... I signed up for a deal with Holiday Club in Gran Canaria, and when I got home I started asking around forums if they were ligit. People PmD ME from the GC forum and told me not to touch them with a barge pole, as they never give you the dates that you ask for, when you want to take your holiday.

 

Long story short. I used the 14 day cooling off period when I got home, and decided to cancel. In the contract put in front of me, it clearly said that I could cancel. But hidden in the back of the forms, was a clause that I could not cancel the second part of the dea,l as the deal was for 2 weeks world wide holiday and 3 weeks in GC or mainland Spain.

 

I paid £600 deposit by CC with the option to pay another £600 in 14 days after I was home. I attempted to claim the initial 600 back under section 75, my bank Santander, said it was a forgone conclusion that I would get the money back. A week later they called me, after holiday club had contacted them, and changed their tune.

 

Angry enough at that, I put it down to a bad experience. But ow they are pursuing me for the other £600 through a debt collection agency based in Dublin. What I would like to know is if they can take me to court if I refuse to pay ? any input greatly appreciated

[Stigman]

Hi,

Others will advise soon on the holiday contract side,

however with the chargeback, complain to Santander, exhaust the complaints procedure and then take it to the ombudsman.

Ignore the DCA, Who are they?

Ignore the phone calls (you can block them), all letters are just maybe, if, could, might, may, so therefore ignore everything except the word that says will.

Stigman

[mikeb1]

Thanks for your reply. How do I complain to the bank ? The DCA ARE intrum justitia

 

Hi Stigman

Thanks for your reply. The bank has already told me to go to the ombudsman if I did not agree with the decision, so I guess that's my next move. is there any good templates for writing to the ombudsman, or just tell it like it is

[unclebulgaria67]

Hi Stigman

Thanks for your reply. The bank has already told me to go to the ombudsman if I did not agree with the decision, so I guess that's my next move. is there any good templates for writing to the ombudsman, or just tell it like it is

 

No template. This is straightforward. You were told that there was a 14 day cooling off period and this was stated in the contract. You then attempted to cancel the contract and were then confronted with a further clause in the contract which took away the 14 day cooling off period. The contract was deceptive and Santander have acted unfairly in refusing a section 75 claim.

 

Do some research, as i am sure i have heard of this issue before and there is EU wide law which protects consumers preyed on their holidays into buying such deals.

[mikeb1]

Thanks unclebulgaria67 and stigman.

 

I have complained to the bank again via email, asking for top management to look at the case again, I will ask the bank for the final letter, if that does not work, so then do I have to go through the motion of the FSO , and when they refuse take the claim to court ?

I am Scottish, we don't have county courts per se. Think it maybe Glasgow district court, so if any Scots can help on that one I would be much obliged...

 

No template. This is straightforward. You were told that there was a 14 day cooling off period and this was stated in the contract. You then attempted to cancel the contract and were then confronted with a further clause in the contract which took away the 14 day cooling off period. The contract was deceptive and Santander have acted unfairly in refusing a section 75 claim.

 

Do some research, as i am sure i have heard of this issue before and there is EU wide law which protects consumers preyed on their holidays into buying such deals.

Will do some research though the bank agreed with holiday club that the 2nd part of the deal was a legal contract on a seperate entity. My wife and I were in the room with one person and we are both adamant that an uncancable clause was never mentioned. The 14 day cooling off was for the gran canaria part of the deal. But holiday club are saying the 2 week world wide deal was not cancable and the bank agreed.

[unclebulgaria67]

I would think that your argument would be based on EU consumer law ( you need to research). That you should have been advised clearly of any part of the contract which did not include a cooling off period and where you were paying a sum that would not be refundable.

 

I wonder whether the Canaries government has issued any advice previously on these issues as from what i can recall there were always problems with tourists facing high pressure sales techniques into signing these contracts. Perhaps the Canaries government issued rules/law for these companies to operate within ? If rules/law exist that might help you, then that might be the way foward.

 

The British embassy/consulate offices in the Canary islands might be able to point you in the right direction, if the Canaries government prove difficult.

[sameagle]

Is Gran Canaria part of the EU?

 

Sam

[unclebulgaria67]

Is Gran Canaria part of the EU?

 

Sam

 

I think they have a special status. They are an independent part of Spain and come under Spanish EU membership, but have various opt outs including VAT, some customs rules.

 

If you look it up, it is a bit confusing, but i think they follow EU law.

[AndyOrch]

I think they have a special status. They are an independent part of Spain and come under Spanish EU membership, but have various opt outs including VAT, some customs rules.

 

If you look it up, it is a bit confusing, but i think they follow EU law.

 

But not with their Duty Free allowance:madgrin:

[mikeb1]

Hi,

Others will advise soon on the holiday contract side,

however with the chargeback, complain to Santander, exhaust the complaints procedure and then take it to the ombudsman.

Ignore the DCA, Who are they?

Ignore the phone calls (you can block them), all letters are just maybe, if, could, might, may, so therefore ignore everything except the word that says will.

Stigman

 

Hi stigman what is the name given to the final letter you mentioned it before, but I can't seem to find it

 

When contacting the Ombudsman, do I need to send all the details to them, i.e. the contact etc, or just explain why I think the bank are wrong to dismiss my section 75 claim stigman

[unclebulgaria67]

Before you can go to the FOS, you have to exhaust the Banks complaints process, which they are allowed to take 2 months. Or a Bank may choose to issue their final response letter before the 2 months is up saying they cannot assist you and provide FOS info.

 

I am not convinced the FOS will uphold your complaint about section 75 claim, if you cannot establish that the sales company in Gran Canaria breached your consumer rights. Don't go to the FOS before you have done your research, as the FOS won`t do it for you.

[Stigman]

Hi,

 

The final letter from the Bank will be either a Final Response or Deadlock Letter to take it to the Ombudsman.

 

I would send the Ombudsman as much information as you can, include a timeline as well so they can see the full history.

 

If sending via post, send copies only, NEVER send originals.

 

Stigman

[mikeb1]

Hi,

 

The final letter from the Bank will be either a Final Response or Deadlock Letter to take it to the Ombudsman.

 

I would send the Ombudsman as much information as you can, include a timeline as well so they can see the full history.

 

If sending via post, send copies only, NEVER send originals.

 

Stigman

 

Ok thanks stigman