[2012] Mexican Timeshare Solutions

[ruijay]

Hello,

I was just wondering if anyone have heard about the company = Mexican Timeshare Solutions who claim to cancel timeshare contracts and possible full/partial refunds for past payments for a fee of $1,500 to be paid AFTER the contract is cancelled. Their website = [link removed]

I had a nightmare at Garza Blanca resort @ Puerto Vallarta and I am trying to get out from it with minimum damage. Like many people, I was in vacation and I did not have the time to read through the contract. Later on, I discovered that almost 90% of what was said to me verbally is BULL and lies. I went there to enjoy a vacation, but came back with a nightmare.

 

[Passepartout]

There are more of these type outfits than fleas on a dog. Give 'em a try, but when they come back with 'we need $XXXX for a title search, or insurance, or who knows what else' don't be surprised. It's still an upfront fee. You'll pay and it's very doubtful you will be rid of the obligation.

I bet you don't have any paperwork that you can use to prove fraud. They make sure all that stays in the sales room. Others have had some success with Profeco, the Mexican gov't office of consumer affairs. Do a search up in the blue stripe for their address. They are not quick, but sometimes just the threat of action by them will get a resort to drop a contract.

I see that you 'didn't have time' to read the contract, but is there any chance this happened just a few days ago, or have you been too busy for a while? Sometimes a rescission can still go through a few days late with a cover letter explaining that you were tied up with travel to home, and lawyer review, and the dog ate it and you had to wait for it to 'pass through' the dog. Sometimes you can offer the resort your down payment to get them to terminate the contract. Cancel the credit card you put the down payment on or at least challenge the charge. Tell the resort you are on the verge of bankruptcy and you can save them the trouble and expense of foreclosure and are going to get their week back anyway. Heck, they shouldn't be the only ones who get to lie.

Good luck. Many TUGgers found us exactly as you have, and were unable to rescind. They all have enjoyed lots of great vacations, and some have even bought more 'developer' weeks.

Stick around for a while. Learn about timeshares. You might own one and might as well learn how best to use it.

Welcome to TUG!

Jim Ricks

 

[ruijay]

Thank you Jim for the feedback.

My gf and I went to PV on Dec 2011. At the airport, some guy gave us a ride through the shuttle service, told us about a free breakfast the next day at Garza Blanca Resort (which is still under construction) but we have to attend some presentation and there is no obligation to buy anything. We said sure why not. The next day, he met us by our hotel at 7AM and we went there. A lady gave us a tour to the resort and it was really nice. Then we had our breakfast, and the sales manager came to our table and started throwing numbers, deals, packages etc.. I did not agree at first, but then he started lying and making false verbal promises to the point where he made it look like a steal deal "3 weeks every year for the smallest condo for $12k + $500 maintenance fees every year). I paid them around $4,500 in down payment. On top of that, he moved us to the resort for all inclusive 6 days. We were so excited and happy that I did not read the contract deeply and the personal at the resorts were so friendly, although the services like room services and housekeeping sucked. After the 4th night, my gf also had terrible bed bugs bites.

When I came back home and logged in to my account, I was surprised to find out I was set up to one week only and it was for every other year. It was also a winter week. There were fees for transfer, leasing etc... So my first move was to call them to see if I could cancel, but of course they rejected. i did some reading and found that in Mexican law, I technically had 5 days to cancel, but I was in my 7 or 8 day already. I called my bank (WF) and filed a dispute. They temporary credited me back my down payment, but after a month or so, they called and informed me that we lost the dispute because it was too late already.

Now, I got the Garza Blanca crew calling me almost everyday trying to collect payments for past months and maintenance fees. This week, some lady from the services department is calling me, trying to make me think they are trying to reach an agreement. i offered that they give me just one additional week at no cost, and I will honor the contract, but instead she is pushing me to make some upgrades and pay even more. I would not do that because I just do not trust those guys anymore.

I am at the intersection of two roads: either cut all correspondences with them and take the big hit when they sell my account to collection, and hit my credit score, or find someone who I could trust to get out of this with minimal consequences. I know the second road is too far to be a realistic road, but I keep having hope & faith and hope someone can give me some guidance or a solution to my nightmare.

 

[Passepartout]

Personally, I think you are on the hook. Many TUGgers have gotten into timesharing the same way. It's unfortunate, and expensive, but it IS the cost of not reading the contract you signed. None of us here know of any reliable way to relieve you of this contract without honoring it. There just are no silver bullets. Sorry.

You sound young and this is not worth ruining your credit over. That would follow you for years if not decades. I suppose you could declare bankruptcy, but that would be disastrous to your financial life, too.

Best thing to do at this point is probably to hang here for a while. Learn to use what you bought. A winter week every other year in PV isn't so bad anyway.

Best!

Jim

 

[ruijay]

Thanks Jim,

I may try to give the MTS a try since it looks I am already in the hook and have nothing else to lose. This is the contract they sent that i need to sign before they can 'work' for my case. it says no upfront fees!

INITIALS

CLAUSES

1.

DEFINITIONS

The specific terms that shall be used in this contract are defined according to the following:

CLIENT. - An individual or individuals who have the legal faculties to hire and have the desire to hire
the services of MTS for counseling and legal defense related to the tourism services providers
contract at issue.
MTS. - A professional firm in Mexico whose desire is to provide clients with representation, assistance and advise in the manner of services specified in this contract, for remuneration.

2.

OBJECT OF THE ACTION

MTS agrees to give advice by all means favorable to the CLIENT and to defend the rights of the CLIENT against the Timeshare Developer.
MTS agrees to give monthly written notification to the CLIENT of the actions made on behalf of the CLIENT.
MTS agrees to provide legal defense, for any type of trial before any court of law in any State of Mexican territory.

TERM OF THE CONTRACT

The term of the contract is one year, starting with the date of signature and can be extended if Trial is pending or if client requests an extension of time

PAYMENT OF FEES AND COSTS

In consideration for the services described, MTS will receive the fee described below. This shall be paid as follows:

a) If the contract is cancelled with Garza Blanca, the CLIENT agrees to pay MTS $1,500.00 (One thousand five hundred American dollars), and
If MTS recovers any monies from Garza Blanca, the CLIENT will pay 25% of the monies recovered to MTS upon receiving the refund from the Timeshare Developer.

b) MTS will not collect any more monies but the described above. If MTS incurs any extra expenses, MTS shall absorb the cost. This money should be paid by the method agreed with MTS. It should be full payment and in American Dollars. Should CLIENT become more than 7 days delinquent in the payments described herein MTS reserves the right to add a 5% monthly interest charge to late payments.

MEXICAN TIMESHARE SOLUTIONS

ADVANCE TERMINATION

MTS and the CLIENT recognize that MTS has spent from their own funds diverse expenses such as paperwork, translations, certification of documents, wages and other expenses. Therefore, if this Contract is cancelled by the CLIENT through voluntary retraction and if the CLIENT recovers monies paid to
Timeshare Company as a direct or indirect result of the efforts of MTS, the CLIENT agrees to pay MTS the fee as described in this contract.

RESPONSIBILITIES OF CLIENT
CLIENT agrees:

To establish constant communication with MTS.
To tell the truth.
In case the CLIENT cannot appear at Trial, the CLIENT would grant power of attorney or related authority to MTS to perform the actions necessary for the CLIENT’S defense.

If the CLIENT does not perform the responsibilities listed in this clause, MTS will be relieved of its responsibilities set forth in this agreement.

RESPONSIBILITIES OF MTS
MTS agrees to:

Answer all CLIENT concerns about the process, trial, or actions being made on behalf of CLIENT.
Act immediately in the defense of CLIENT.
Tell the truth
Defend CLIENT with all legitimate means available to MTS.
MTS will make every effort to obtain a cancellation letter from the Timeshare Developer via email or certified mail. The CLIENT will receive a Contract Cancellation Confirmation from MTS guaranteeing that the contract has been cancelled successfully.

LAW AND JURISDICTION

This contract shall be governed by the laws of the state of Jalisco, Mexico and the parties submit to the exclusive jurisdiction of the courts of Mexico in respect of any dispute or difference between them arising out of this contract.

 

[Passepartout]

Good Luck! Hope it works for you. Keep us posted as it progresses.

Jim

 

[ruijay]

For sure!

I hope my experience will benefit someone at least.

 

[Passepartout]

A side note. We have never seen any of the similar outfits that we hear about succeed. Most often the 'client', you, gets held up for 'fees' that they pay, and in order to continue, these have to be paid. This never ends until you cry 'uncle' and pay them their fee to quit. You still own the timeshare. All you have done is delay the inevitable, increase late fees, and incur another debt. I know that they say 'no upfront fees', but look at the clause under 'ADVANCE TERMINATION". You quit, you pay.

I would encourage you to get them to produce references from satisfied U.S. clients- and call them!

Looking forward to your continued reports, and wishing you success.

Jim

 

[ruijay]

Thank you Jim again!!!

I will ask for reference of satisfied clients as per your suggestion.. I know it's just a hope and most likely I will get disappointed again.

Will keep you posted.

 

[susieginger]

The Timeshare Act

I had a very similar experience as Ruijay. I signed the 10 pages of legalize words without understanding it totally. While I tried to read it, the salesman kept "smalltalking". Can The Timeshare Act help people like us? I am 72. My plan is to not make a payment, and just file away the threatening letters. I don't have a salary to garnish and really don't have too much longer to worry about a poor credit rating. What do you think? Has anyone ever gotten a Class Action Suit against these crooks? Any lawyers out there?

 

[djs]

I had a very similar experience as Ruijay. I signed the 10 pages of legalize words without understanding it totally. While I tried to read it, the salesman kept "smalltalking". Can The Timeshare Act help people like us? I am 72. My plan is to not make a payment, and just file away the threatening letters. I don't have a salary to garnish and really don't have too much longer to worry about a poor credit rating. What do you think? Has anyone ever gotten a Class Action Suit against these crooks? Any lawyers out there?

At your advanced age, I wouldn't bother with doing anything but siting down to a cigarette and beer.

 

[susieginger]

The Timeshare Act helping anybody?

Thanks for your advice. There's got to be some advantage to being this age... I prefer wine and sunsets on my new deck. OK? Has anyone had any experience with The Timeshare Act?

 

[Passepartout]

Thanks for your advice. There's got to be some advantage to being this age... I prefer wine and sunsets on my new deck. OK? Has anyone had any experience with The Timeshare Act?

This was a law passed in 1992 then amended in '97 and again in 2003. It basically outlines rights of buyers and institutes rights of rescission. Here's a link to the basics. http://www.vacationtimesharerentals...-use-the-timeshare-act-to-your-advantage.html You can Google the whole thing. It really doesn't address the subject at hand- Mexican timeshares, as they aren't subject to US laws.

I'm not a lawyer, but you may indeed be 'judgement proof', and immune from creditors collecting from you. However that won't stop the letters and phone calls. Difficult to know your exact situation, but if your TS is paid off, you may be able to list it here and give it away. Another possibility is to tell the resort that you are defaulting on their 'deal' and to save them the expense and trouble of foreclosure, you'd deed it back to them, since ultimately they are getting it back anyway. I'm sure they are familiar with the term 'judgement proof', and know that they are trying to squeeze blood from a turnip.

So far (to my knowledge) no one has put the time, money, and effort into any sort of class action suit against an international TS outfit for fraud and outright lying. There just isn't the money in it to attract law firms with the assets and expertise to chase down outfits who just go out of business just to reappear under a different name next week.

If people would simply read the contracts presented to them within the time frame allowed by law, there would be no problem. Hard to do on vacation though, so we hear about it after the bills start coming in.

Best Wishes,

Jim Ricks

 

[theo]

No jurisdiction = "SOL"

<snip> Has anyone ever gotten a Class Action Suit against these crooks? Any lawyers out there?

No offense or disrespect intended, but there is little or no avenue or likelihood of undertaking any form of legal action in the U.S. against an entity based in a foreign country and therefore not subject to U.S. law or jurisdiction in the first place (unless they also happen to have U.S. based operations as well).

Mexico might be geographically contiguous to the U.S. and "right next door", but it's still a foreign country.

P.S. To my knowledge, the aforementioned "Timeshare Act" (and /or its' several subsequent amendments) only governs the sale of timeshares by commercail sellers to private buyers in the British Isles. Accordingly, it would seem to be irrelevant and not applicable to transactions conducted in either the U.S. or Mexico.

P.P.S. Personally, I have no sympathy for anyone who signs a contract they don't even bother to read or understand and then, adding insult to injury, fail to take advantage of the cancellation opportunity provided to them by law, simply because they "could not be bothered" to read either the contract they signed or the written cancellation guidance and instructions placed right into their hands.

If you've got the time and the resources to be off on vacation somewhere, then you should be able to find a few minutes sometime within the next few days to at least read what you signed and read the written cancellation instructions placed right into in your hands at the time of contract execution. If you can't even bothered to do that much for yourself, perhaps you deserve the painful lesson that inevitably follows...

 

[susieginger]

Phone calls unanswered until 6 days recission was over

Thanks Theo for your sympathetic entry. If you had been with me, you would understand how easily being scammed happens. I won't list the details of how "good" Sunset Harbor Resort people were, indeed I have faxed my story to the Atty. General, a private attorney, BBB, RCI, Bank of America, and Sunset Harbor Resorts/ Point Rental Liquidators. While I tried to read the contract, the salesman continued with his small talk. He gave me his "special number" to call so that is the number I kept calling (to cancel). And I kept getting a super polite answering machine message, assuring me that my call would be answered ASAP. The one little short sentence re the 6 days of recission was lost in the 10 pages of legalize. Yes, hindsight is 20/20. I'm just looking for a way to stop these crooks from getting away with their scams. I was smoozed, I admit it. Such a nice young man, seemed like a son to me. Live and Learn!! (Die and forget it all.)

 

[bjones9942]

I will tell you what I've seen work if you've missed your 5 day recission period. It's not the companies that want more of your $$$.

Visit EVERY travel and timeshare forum and post details about your problem (trip advisor seems to be a good spot to post on). Make sure you name names and detail the lies you were told.

Use several of the 'free' website hosts to create web pages outlining your troubles and point people to these pages in your posts.

Post frequently and widely.

Now, tell your resort what you're doing. Sometimes they will agree to refund your $ and cancel your contract if you delete your posts and sign a non-disclosure agreement.

The squeaky wheel [sometimes] gets their money back.

 

[susieginger]

Thanks for the Advice

Thanks for the advice and for not making me feel anymore stupider than I already do...for falling for the salesman's charm and trusting him to be honest. I had answered a telephone solicitation to hear an "RCI Points" Update that would give me cash to pay my Maintenance Fees. Two hours later I was in debt over $10,000, with MORE maintenance fees and other hidden charges/memberships for a Sunset Harbor Resort Timeshare in Willis, Texas. A company (with the same Las Vegas address), Points Rental Liquidators, required another membership fee in order to covert my points into cash. They had opened an RCI credit card in my name without my permission and that is where the charges were waiting for me to pay. Phone calls for recission went unanswered. The people were from Sunset Harbor...NOT the RCI Points Program as the phone call inferred. I believe they call that "bait and switch". The good news is that the additional $498 charge they put on my Citicard credit card has been permanenetly removed. YEA!! because the credit card people investigated my dispute.
I feel sorry for all the other gray haired people in that restaurant that day that were scammed. I will take this advice, name names, and hope I can help someone else avoid this nightmare experience.

 

[AREC]

Thank you Jim again!!!

I will ask for reference of satisfied clients as per your suggestion.. I know it's just a hope and most likely I will get disappointed again.

Will keep you posted.

Hello Ruijay. May I know where you are in this process? What is MTS doing now to help you? My husband and I are victims of timeshare scams and so I've been desperately finding ways to get rid of them.

 

[DeniseM]

ruijay posted in May and hasn't been back for awhile. To contact them, click on their blue user name and send them an email.

 

[pacodemountainside]

Mexico Forum

Have you'alls read the applicable postings in Mexico Forum?

I have not seen a posting where a PRIVATE recovery firm has gotten anyone a penny!

 

[DeniseM]

Have you'alls read the applicable postings in Mexico Forum?

I have not seen a posting where a PRIVATE recovery firm has gotten anyone a penny!

Paco - On their website they claim 100% success, so it must be true, right?

 

[PacificSurf77]

MTS

Hello All,

I started working with MTS and they have been responsive to all my communications. The did advise me that I was not going to be able to get any refund but that they'd be able to cancel my timeshare. I agreed to it and this was 1 week ago. They said I'd only pay once I received a cancellation notice. I'll post with updates as I'm sure there are other who'd like to know. I hope this works as I already have late fees.

C

 

[theo]

Yikes!

Frankly, seeing those particular three words ("Mexican", "Timeshare" and "Solutions") all used together in the very same outfit name makes me want to immediately lace up my sneakers and just run like hell...

 

[PacificSurf77]

I'm with you Theo. but MTS hasn't charged me any fees. I'll pay only once I get my cancellation. I hope they are genuine and I won't get some fake cancellation. Anyway I"ll post once I get some updates.

 

[Passepartout]

I'm betting it's either (a) a scam. They'll want money before you see anything officially from your resort showing you are no longer liable for anything.
or (b) it's a Viking ship being launched with numerous 'TS weeks' as passengers to be sunk leaving other members to pay the maintenance of those who departed on the ship.

If they called/wrote/emailed you unsolicited, the odds of one of the above go up about 99%.

Hope it works to your satisfaction.