This is convoluted - any help appreciated

[Shadwalker]

Hi

 

Issue is with timeshare/holiday club company I signed up to 7 years ago. Company, Club La Costa is based in Spain I believe (may be registered elsewhere). I am now resident in Australia but was Uk resident when I took the timeshare.

 

I have 2 issues:

 

1. Forgot to pay membership fees on time this year - CLC now charging me an additional 25% late payment fee EUR350 which is excessive in the extreme. What unfair contract terms legislation is in effect here and can I claim caselaw that prohibits this excessive charge as this is punitive damages and not compensating their loss (which is probably only interest at 7% over base plus some costs for an email they sent)

 

2. Original contract was payment in GBP. Two years in they changed it to EUR without consultation thus increasing my fees by 1.5 times. Not what I signed up for. Any law which would allow me to void the contract as they have changed it without my agreement?

 

Sorry it's not Uk based but any help would be appreciated as I cannot find anything like this on the web for the EU.

[theminor]

I'm obviously missing something because I can't see why you are working out how you might not have to pay them. Tell them that unless they can show where in the T&C they are allowed to change the currency you'll consider the contract null and void and not pay any further fees to them and invite them to sue if they're convinced they're right?!

[Shadwalker]

G'Day theminor

 

I hear what you're saying. The one catch is that to buy into timeshare there is an upfront investment. Think I paid around GBP12k. I also have 3 years of unused points which the club would freeze which would be worth a further GBP3k+. These are the funds that I'd like to get back by voiding the contract.

[theminor]

Ah, apologies, I had the impression that they were chasing you not the other way round!

[Shadwalker]

My key issue right now is the 25% late payment charge - what law prevents them from charging these punitive damages in Europe? Then once sorted I want out so is there a law that restrcits the change that they made to the currency without my agreement?

 

Help still required!