Mexico Timeshare cancellation

[PNix]

I have been reading threads here, but not sure what happened next to similar situation like us.

We signed for a timeshare on July 2,2023 and after a lot of thoughts, we decided to cancel it and wrote a letter of cancellation on July 5,2023. Went to their office and have them signed it, we also sent an email the next day so it has a timestamp. We thought all is done but after returning here in US, we got a call that they do not recognize the signature and they won't accept our cancellation.

I have filed for dispute already for the amounts that was paid to them and so far I have not heard back from my bank that they have (sunset group) responded to anything but I was advised to just send them the cancellation letter and my bank will recognize that. So I'm not worried much about the down payment that was paid.

My concern now is they are threatening us that because we used the tour package that they gave us, that waive our rights about the 5 days cancellation and they will just send it out to collection agency here in the US.

Can they actually do that and hurt our credit score? Should we hire a lawyer just to get out on this mess?

Thanks for your help.

 

[Tia]

I know there are people here on TUG that will tell you what they think. Maybe Have a Moderator move this to the Mexico area or the Buy/Sell one?

 

[TUGBrian]

fairly common tactic for mexican timeshare sales unfortunately.

I'd not put much faith in them actually turning you over to collections, or even if they did that it wouldnt be very impactful especially with all the proof you retained that you DID indeed cancel within the allotted time.

getting a refund of anything paid already will usually be a challenge if you paid via cash or check! They simply hope you will cave and let them keep the money or worse, keep paying more.

if you paid with a credit card, id absolutely initiate a dispute and provide them with all the documentation of your attempt to cancel while on site!

 

[Eric B]

My understanding is that the 5-day cancellation period cannot be waived under Mexican law. Profeco is the Mexican agency that deals with consumer rights including with respect to timeshares.

https://consulmex.sre.gob.mx/montreal/index.php/en/foreigners/services-foreigners/318-consumer-protection

 

[PNix]

fairly common tactic for mexican timeshare sales unfortunately.

I'd not put much faith in them actually turning you over to collections, or even if they did that it wouldnt be very impactful especially with all the proof you retained that you DID indeed cancel within the allotted time.

getting a refund of anything paid already will usually be a challenge if you paid via cash or check! They simply hope you will cave and let them keep the money or worse, keep paying more.

if you paid with a credit card, id absolutely initiate a dispute and provide them with all the documentation of your attempt to cancel while on site!

Do I just wait till it gets to collection as what they are saying and provide collection with all the proof that we indeed cancel? Is it legal to transfer a mexico account to US, that means they will have my SS information which I did not agree to be shared.

 

[Passepartout]

Do I just wait till it gets to collection as what they are saying and provide collection with all the proof that we indeed cancel? Is it legal to transfer a mexico account to US, that means they will have my SS information which I did not agree to be shared.

I would be sure to open an account with PROFECO to challenge the premise that you can't rescind. Here's the Mexican consumer's information regarding timeshares in Mexico: https://consulmex.sre.gob.mx/montreal/images/pdf/documentacion/consumer.pdf Send them copies of all communications you've had with the resort.

I would not wait until it goes to collection- it might not ever get that far if they just take your down payment. Odds are you'll not EVER get that back.

You bought this in early July, yet didn't appear here for 5 more weeks. If we'd heard from you before your Mexican trip, we could have educated you about what might happen. Even as soon as you got home would have been better. Now, there isn't much we can do except commiserate with you.

Jim

 

[easyrider]

Do I just wait till it gets to collection as what they are saying and provide collection with all the proof that we indeed cancel? Is it legal to transfer a mexico account to US, that means they will have my SS information which I did not agree to be shared.

No. Just keep on doing what you are doing. You did what you should do by canceling in the right time period and calling your credit card. You should claim a fraudulent charge case with your credit card instead of a disputed charge.

Why do they have your ss#. Did you finance this through Barclays ? If so, Barclays is an American Based credit card company and any charges on this other than the timeshare sale would likely be considered legit. Any American line of credit can cause a collection because the company is in America and so are you.

Bill

 

[PNix]

No. Just keep on doing what you are doing. You did what you should do by canceling in the right time period and calling your credit card. You should claim a fraudulent charge case with your credit card instead of a disputed charge.

Why do they have your ss#. Did you finance this through Barclays ? If so, Barclays is an American Based credit card company and any charges on this other than the timeshare sale would likely be considered legit. Any American line of credit can cause a collection because the company is in America and so are you.

Bill

They opened a Barclay account for us and I already filed a dispute to Barclay as well for cancellation. Should I call back to level it up to fraud instead of dispute?They are saying they are sending us to collection for the rest of the amount that was due which if I understand it, the rest amount of the contract. Do you think I would need an exit company to hire for this?

 

[Passepartout]

They opened a Barclay account for us and I already filed a dispute to Barclay as well for cancellation. Should I call back to level it up to fraud instead of dispute?They are saying they are sending us to collection for the rest of the amount that was due which if I understand it, the rest amount of the contract. Do you think I would need an exit company to hire for this?

DO NOT hire an exit company. They are ALL scams. They can't do anything you cannot do yourself. For free. Sic PROFECO on them, including sending copies of all correspondence. Dispute the charge. Write up negative reviews on every travel site you can think of. Stress that they try to disallow your rescission- even though you initiated it within the allowed, 5-day period. We have seen this before that after a buyer does this, there will be a 'We have reached agreement' post from them and they disappear.

Jim

 

[PNix]

I would be sure to open an account with PROFECO to challenge the premise that you can't rescind. Here's the Mexican consumer's information regarding timeshares in Mexico: https://consulmex.sre.gob.mx/montreal/images/pdf/documentacion/consumer.pdf Send them copies of all communications you've had with the resort.

I would not wait until it goes to collection- it might not ever get that far if they just take your down payment. Odds are you'll not EVER get that back.

You bought this in early July, yet didn't appear here for 5 more weeks. If we'd heard from you before your Mexican trip, we could have educated you about what might happen. Even as soon as you got home would have been better. Now, there isn't much we can do except commiserate with you.

Didnt find this forum until last night when I was deeply searching. We did cancel within the time period and they just wont accept it and doing all this threats instead because I have disputed the down payment and the bank gave me back the credit for that. I don't know what they will send out to collection as it is also in the contract that monthly payment wont start until Oct. 1st, but we already cancelled July 5th and they just wont accept it. I already filed to PROFECO but have not heard back yet though.

My husband is just agitated and wanted to hire an exit company right own that will cost us another $9k

 

[Passepartout]

Didnt find this forum until last night when I was deeply searching. We did cancel within the time period and they just wont accept it and doing all this threats instead because I have disputed the down payment and the bank gave me back the credit for that. I don't know what they will send out to collection as it is also in the contract that monthly payment wont start until Oct. 1st, but we already cancelled July 5th and they just wont accept it. I already filed to PROFECO but have not heard back yet though.

My husband is just agitated and wanted to hire an exit company right own that will cost us another $9k

We are glad you found us now, anyway. So if I understand correctly, you got the down payment back, and all you have is the credit card that was set up to get the monthly payment from? If this is correct, simply pay off whatever you've charged on that card and cancel that card account.

Mexican timeshare resorts very seldom- if ever- do any more than cancel the membership you bought- and keep whatever money they've extracted from you. If they put any negative comment on your credit report, you have the right to put a mitigating letter on it that any subsewquent credit inquiry would see. Generally, lenders don't hold defaulting on a Mexican timeshare against you.

I'll reiterate: Timeshare exit companies are all scams. Onse they get your up-front fees, they have no incentive to do any more. They list it for sale on some obscure website and if anything will ask you to pay for more listing. If you stop paying and the timeshare is foreclosed (won't happen tom a Mexican TS- you don't OWN anything to foreclose on), they consider your exit a 'success'.

Good Luck!

Jim

 

[easyrider]

They opened a Barclay account for us and I already filed a dispute to Barclay as well for cancellation. Should I call back to level it up to fraud instead of dispute?They are saying they are sending us to collection for the rest of the amount that was due which if I understand it, the rest amount of the contract. Do you think I would need an exit company to hire for this?

You should file complaints with the Consumer Financial Protection Service, your states Attorney Generals Office, BBB and all over social media of all kinds and let Barclays and the developer know. Don't hire anyone.

Bill

 

[TheTimeTraveler]

Didnt find this forum until last night when I was deeply searching. We did cancel within the time period and they just wont accept it and doing all this threats instead because I have disputed the down payment and the bank gave me back the credit for that. I don't know what they will send out to collection as it is also in the contract that monthly payment wont start until Oct. 1st, but we already cancelled July 5th and they just wont accept it. I already filed to PROFECO but have not heard back yet though.

My husband is just agitated and wanted to hire an exit company right own that will cost us another $9k

How much was the purchase price and what was the down payment?

NO EXIT COMPANY will do anything for you. They'll promise you the moon. All they want is the green pieces of paper with pictures of dead men and they're gone and you're out $9K. Besides, why would you even consider paying that if you have a legal leg to stand on (you admitted you rescinded within 5 days).

Slow down and be patient. You're not making any further payments in any event so just hang in there and let things work thru.




.

 

[TUGBrian]

My husband is just agitated and wanted to hire an exit company right own that will cost us another $9k

making rash decisions already resulted in one very expensive mistake, no need to double down and make another!

you came here for advice, as have countless others before you. likely a good idea to heed it for the best possible outcome!

 

[dioxide45]

We

How much was the purchase price and what was the down payment?

NO EXIT COMPANY will do anything for you. They'll promise you the moon. All they want is the green pieces of paper with pictures of dead men and they're gone and you're out $9K. Besides, why would you even consider paying that if you have a legal leg to stand on (you admitted you rescinded within 5 days).

Slow down and be patient. You're not making any further payments in any event so just hang in there and let things work thru.




.

Well, on such Exit Company did help this person. It did cost them about $6000. I wouldn't recommend it as one can do the same thing themselves by working directly through PROFECO like this person did. PROFECO is very slow to respond. I think it can take weeks. One has to just hang in there and ignore the threats.

 

[TheTimeTraveler]

Yes, I remember that posting. I always wondered if that person worked for the so called exit company trying to boost reputations and revenue.........





.

 

[dioxide45]

Yes, I remember that posting. I always wondered if that person worked for the so called exit company trying to boost reputations and revenue.........





.

It could have been a shill, no way to know, but if true it would seem the poster could have done the same thing themselves with a little more persistence.

 

[PNix]

Thank you all for this insights. So far the bank's dispute to my card is in my favor. No money was taken by Mexican timeshare and I'll just block them with all communication and consider this is a win.

 

[PNix]

We

Well, on such Exit Company did help this person. It did cost them about $6000. I wouldn't recommend it as one can do the same thing themselves by working directly through PROFECO like this person did. PROFECO is very slow to respond. I think it can take weeks. One has to just hang in there and ignore the threats.

Thank you. I did got a response from PROFECO so far and advise me to fill some paper work and they will be working on it.

 

[PNix]

making rash decisions already resulted in one very expensive mistake, no need to double down and make another!

you came here for advice, as have countless others before you. likely a good idea to heed it for the best possible outcome!

I 100% agree with this. That's why I'm slowing down and telling my husband to calm down as I do not want to spend anything that is connected with this timeshasre

 

[rollingtrain]

I would be sure to open an account with PROFECO to challenge the premise that you can't rescind. Here's the Mexican consumer's information regarding timeshares in Mexico: https://consulmex.sre.gob.mx/montreal/images/pdf/documentacion/consumer.pdf Send them copies of all communications you've had with the resort.

I would not wait until it goes to collection- it might not ever get that far if they just take your down payment. Odds are you'll not EVER get that back.

You bought this in early July, yet didn't appear here for 5 more weeks. If we'd heard from you before your Mexican trip, we could have educated you about what might happen. Even as soon as you got home would have been better. Now, there isn't much we can do except commiserate with you.

Jim

I value your opinion can Vidanta legally keep money they took under fraudulent circumstances? I have a contract written under fradulent terms