Claiming for debt accrued in a relationship from an ex-girlfriend.
My now ex-girlfriend took me to a holiday timeshare event whereby I ended up signing the contract as the sole member. About a month later I tried to cancel the membership after an argument with my ex-girlfriend and was passed from pillar to post by the company, but mostly ignored and kept receiving statements and legal threats. It is now nearly two years and I have submitted all documentation they requested as they said the process must go through a review board, and recently they “offered” for me to pay a settlement amount of R30000 of which I declined and said I will seek legal advise and get back to them. My question is, if I am unable to get out of this contract can I hold my ex-girlfriend partially liable as it is because of her I am in this mess?
The Consumer Protection Act allows a consumer to cancel agreement at any time by giving the required notice irrespective of any contrary provision in the contract. But, the consumer remains liable to the supplier for any amounts owed to the supplier in terms of that agreement up to the date of cancellation. The principle of pacta sunt servanda states that one must be bound by a legally signed contract. Having said that, your girlfriend cannot be held liable at any degree as she was no party to the contract. Thank you.