# What is the address to cancel @ Villa Del Arco Cabo



## rcheath33 (Feb 5, 2013)

I signed my contract with the Villa Group on Feb 1st (FRI) and want to cancel. The back of my contract days I need to mail a written letter to "The Vendors domicile as specified in paragraph A, of the Recitals".  However, there are 2 addresses and it doesn't give the full address.  Can anyone please tell me what the address is? Again, it's for the Villa Group and my membership type says Villa Del Arco Cabo.  I tried to call the company that does set up the in-house financing, but they didn't have me in there system yet.  Also, I put down $1,000.00 and would like that back. Some of the things I've been reading say I can get it back... while others, say I can't.  PLEASE HELP!

RICK


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## Karen G (Feb 5, 2013)

You are certainly within your five business days right-of-rescission period if you signed on February 1, and you need to get that letter off to cancel ASAP. You should also notify your credit card company that you are rescinding the contract and you want your $1,000 deposit back.

Hopefully someone will post here with the complete address but in the meantime check every bit of paperwork you have to see if you can find an address.  When you contacted the U.S. office that processes payments, wouldn't they give you the address of the developer--whether or not you are in their system doesn't seem to be relevant if you are just asking them for an address.

The important thing is that you have proof that you mailed your rescission letter within the five business days so be sure to send it with some sort of proof from the post office of mailing.

Contact Profeco  hereif you need their help.


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## Karen G (Feb 5, 2013)

Here's an address I found online:


Villa del Arco – Cabo San Lucas 
Km 0.5 Camino Viejo a San Jose
Cabo San Lucas, BCS Mexico 23410
Tel. 011-52-624-145-7200
Fax 011-52-624-145-7201

Is that anything close to the partial address you have?


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## rcheath33 (Feb 5, 2013)

Thank you!

The partial business address I found on the back of one of the contracts reads:

Hotel Villa del Palmer-Cabo
Km 0.5 Camino Viejo San Jose Del Cabo
Cabo San lucas, Baja California Sur, Mexico

I sent the letter off a couple min ago via FedEx.  On the back of one of the contracts, it states that if I cancel, I will not get my deposit back due to "liquidated damages for services rendered".  Do you know if that is true?

Thanks again!


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## Passepartout (Feb 5, 2013)

Send a copy of your letter to Profeco as well. It's our understanding that you'll get everything back. They are just making idle threats to keep you from exercising your rights. You might as well challenge the charge to your credit card as well.- if not cancel the card and have them re-issue a different number.


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## oldbuyer (Feb 5, 2013)

Rick, if you are in Cabo now you can get over to the Profeco office tomorrow (located on the 3rd floor in the Golden Plaza next to the bus station in central Cabo) and they should be able to help. Many TS contracts do not include their complete (or correct) mailing address so they never get the rescission letter. I always delivered mine personally to the VLO and then followed up with a confirming email to him so it's date stamped. If you are within the 5 business days you get your deposit back unless you stayed there for free a few nights or took some additional goodies besides the initial presentation gifts in which case they might charge you $500/night or $100/bottle of booze etc as an additional expense against your deposit. Go get the crooks and never buy a Mexican TS as there are few laws that protect consumers in Mexico


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## easyrider (Feb 5, 2013)

You might want to fax them a copy and follow it up with a phone call.

Bill


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## rcheath33 (Feb 6, 2013)

Thank you everyone for the feedback.  I am not in Cabo anymore, so I won't be able to drop off my rescission letter. Also, there is no fax number to send the document to. I will contact Profeco to make sure I can get back my partial deposit back as well.  We did not stay there, but did get normal gifts for attending the presentation.


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## Karen G (Feb 6, 2013)

rcheath33 said:


> We did not stay there, but did get normal gifts for attending the presentation.


You shouldn't have to pay them anything then, and according to Mexican timeshare law you are entitled to a full refund of your deposit. Get Profeco involved if they try to give you anything less. Plus the gifts you received for attending the presentation are yours to keep because you upheld your part of the deal by showing up & going through the presentation.


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## bsun888 (Sep 6, 2013)

*Need help for rescind for Villa De Arco too*

Hi.
I just signed contract on Sep. 3 and want to cancel after thinking about it.
So which address is correct and working for you?

i'm at Marina, is it close to PROFECO?
Thinking of going to the sales office to cancel, but don't really want to see them. Anyone done that and succeed?

when I go back home on Monday, would be very close to last day to cancel.
please advice what steps I should do.
should I send mail in Cabo? do they have certified and return receipt?

thanks. betty


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## Karen G (Sep 7, 2013)

bsun888 said:


> Hi.
> 
> Thinking of going to the sales office to cancel, but don't really want to see them. ..when I go back home on Monday, would be very close to last day to cancel.
> please advice what steps I should do.
> should I send mail in Cabo? do they have certified and return receipt?


The sales dept. probably won't even be there over the weekend, but usually it would be painful to try to deal with them anyway.

I believe you have five business days to rescind. If you signed Sept. 3, I believe Sept. 10 would be your last day.  If the Mexican post office is open on Saturday and some bilingual person is available to help you mail a letter of rescission with some kind of receipt from the post office showing the date you sent it, that would be good. But, if not, get yourself to your local post office on Monday or Tuesday and send your letter with a receipt showing the date of mailing.

Your letter can be just a simple statement that you wish to rescind the contract dated Sept. 3. Be sure everyone who signed the contract signs the rescission letter. If you have more than one address to send it to and you're not sure which one is correct, send letters to all of them. Notify your credit card, if you used one to pay for the timeshare, that you are disputing the charge and rescinding the contract. Cancel the card if you think the timeshare people might make future charges on it.

Let us know how it turns out.


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## oldbuyer (Sep 7, 2013)

If you get stuck or need help, the Cabo Profeco office is on the 3 floor on the north side of Golden Palace (office park near the main bus station). Office hours are on the door and they know all about rescission letters. Saturday should be a work day but you need to check.


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## bsun888 (Sep 7, 2013)

Karen G said:


> The sales dept. probably won't even be there over the weekend, but usually it would be painful to try to deal with them anyway.
> 
> I believe you have five business days to rescind. If you signed Sept. 3, I believe Sept. 10 would be your last day.  If the Mexican post office is open on Saturday and some bilingual person is available to help you mail a letter of rescission with some kind of receipt from the post office showing the date you sent it, that would be good. But, if not, get yourself to your local post office on Monday or Tuesday and send your letter with a receipt showing the date of mailing.
> 
> ...













THanks alot Karen. i will need to do it on Tuesday because postal office will be closed when I get back. Is it just a letter is enough? do i need to send copy of contract or return the whole documents? Betty


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## bsun888 (Sep 7, 2013)

oldbuyer said:


> If you get stuck or need help, the Cabo Profeco office is on the 3 floor on the north side of Golden Palace (office park near the main bus station). Office hours are on the door and they know all about rescission letters. Saturday should be a work day but you need to check.




Thanks oldbuyer.
I may not visit the office since I'm not sure where exactly it is.
Also saw some website says it's closed. there's one in La Paz.
should I mail a copy to profeco from US?


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## Karen G (Sep 7, 2013)

bsun888 said:


> Is it just a letter is enough? do i need to send copy of contract or return the whole documents? Betty



A letter should be fine, but you might include a copy of the page you signed or one that shows any kind of contract number.  Keep the original document for yourself.



bsun888 said:


> should I mail a copy to profeco from US?


 Hopefully you won't need to get Profeco involved if you send your rescission letter on Tuesday and be sure to get proof from the post office that you mailed it.  Should the timeshare people not honor your rescission, that would be the time to get Profeco involved.  Hopefully you won't need to do so.


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## oldbuyer (Sep 7, 2013)

bsun888 said:


> Thanks oldbuyer.
> I may not visit the office since I'm not sure where exactly it is.
> Also saw some website says it's closed. there's one in La Paz.
> should I mail a copy to Profeco from US?



Golden Palace (big yellow building) is on the main road from the marina going north as in going to Todo Santos. The plaza is on the left side near Los Michoacanos, the bus terminal and across from the large grocery store (Chedrui or Sorianos). Profeco's main number in Mexico City is 52 55 5211 1723 and several of the folks there are English speaking. Call them they will help you but they only get involved directly (by complaint) when the developer does not issue a credit WHEN the rescission was properly filed. 
In person is difficult on all parties as the sales folks will tell you all sales are final. Not True- you do have 5 and only 5 days to deliver them a rescission letter or the sale IS FINAL......


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## bsun888 (Sep 7, 2013)

oldbuyer said:


> In person is difficult on all parties as the sales folks will tell you all sales are final. Not True- you do have 5 and only 5 days to deliver them a rescission letter or the sale IS FINAL......



Thanks again. I will mail it from US and involve PROFECO only if they don't refund. Will update and let you know how it goes.


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## bsun888 (Sep 7, 2013)

Karen G said:


> A letter should be fine, but you might include a copy of the page you signed or one that shows any kind of contract number.  Keep the original document for yourself.
> 
> Hopefully you won't need to get Profeco involved if you send your rescission letter on Tuesday and be sure to get proof from the post office that you mailed it.  Should the timeshare people not honor your rescission, that would be the time to get Profeco involved.  Hopefully you won't need to do so.



Thanks again. I will mail it from US and involve PROFECO only if they don't refund. Will update and let you know how it goes.


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## bsun888 (Sep 7, 2013)

may I just ask what type of mailing to use? USPS, Fedex?
Is just priority with registry mail is fine? no need for express mail?
thanks.


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## oldbuyer (Sep 7, 2013)

I believe the letter must be delivered to the developer within five business days so it would need to be sent overnight guaranteed with signature required.
Address it to the VLO or Sales Manager. Confirm the rules by calling Profeco today.


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## Karen G (Sep 7, 2013)

The letter just needs to be postmarked within the rescission period, not delivered within the rescission period. If you send it USPS certified mail where you get a receipt from the post office showing the date it was mailed, you should be fine.


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## bsun888 (Sep 7, 2013)

oldbuyer said:


> I believe the letter must be delivered to the developer within five business days so it would need to be sent overnight guaranteed with signature required.
> Address it to the VLO or Sales Manager. Confirm the rules by calling Profeco today.



What is VLO stands for?
Thanks.


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## bsun888 (Sep 8, 2013)

Karen G said:


> The letter just needs to be postmarked within the rescission period, not delivered within the rescission period. If you send it USPS certified mail where you get a receipt from the post office showing the date it was mailed, you should be fine.



Hi.
Now I'm reading some people says to send 3 copies.
one regular mail certified, one express mail, one to the financial office.
I'm worry now not having enough time to cancel.

should I send one to PROFECO? Maybe also try FAX.

Thanks.


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## Karen G (Sep 8, 2013)

bsun888 said:


> Hi.
> Now I'm reading some people says to send 3 copies.
> one regular mail certified, one express mail, one to the financial office.
> I'm worry now not having enough time to cancel.
> ...


If it makes you feel better to send multiple copies, then do so. But, according to Mexican consumer protection laws, you have five business days to cancel your contract in writing.

Send your letter of rescission to the address shown in your contract. The key thing is to get proof that you mailed it within the rescission time period, which is the end of the day on Tuesday.

If you want to involve Profeco now, go ahead, but there is no reason to unless the timeshare company fails to refund your money once you have rescinded within the specified time.

Here's a quote from Profeco's brochure:

*By law, you have five business days to cancel the contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time.
You should receive a prompt refund of all the money you have paid, without any cancelling penalties, within fifteen business days.
If the developer refuses to do so or agruments you resigned to this right when signing the contract, you may contact extranjeros@profeco.gob.mx. To submit a formal complaint, you must send the following paperwork: a brief description of the problem, copy of the contract and of your ID.*

Notice it says to send the rescission by email AND certified mail. If you don't have a good email address for the company, don't worry about it. But do send your letter by certified mail and keep the receipt as your evidence of mailing it within the rescission period.


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## bsun888 (Sep 8, 2013)

Thanks again Karen.
It's just another thread I saw, the Villa Group count weekend as business day.
I'm worry that they're going to do that to me. Let me check the other thread.


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## LisaH (Sep 8, 2013)

If you can find a post office in Cabo, do it there on Monday before you head home. Use certified mail or whatever is instructed in the contract. Otherwise, do it the first thing when you are back in the States. Each company has its own rules and we are not privy to them. In any case, beating the deadline is the key.
Good luck.


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## bsun888 (Sep 15, 2013)

My update:
Mailed 1 USPS registered, returned receipt, 1 Fedex priority, and 1 priority mail to the San Diego office.
Starting the dispute process with the bank. Let's see if I will get refund back. Thanks.


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## Karen G (Sep 15, 2013)

bsun888 said:


> My update:
> Mailed 1 USPS registered, returned receipt, 1 Fedex priority, and 1 priority mail to the San Diego office.
> Starting the dispute process with the bank. Let's see if I will get refund back. Thanks.


You've done all you can do at this point. Please let us know how it all ends up.


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## bsun888 (Sep 16, 2013)

I'm having some problem with Fedex. they said invalid address.
At first I put in the address in the contract without the zip code(postal code), then Fedex requires one. since Karen you mentioned the zip code, so I gave it then. Now I'm searching the web got a different zip code.
would the Villa Group refused to take when it's wrong zip?
Not sure what to do if they don't get the letter.

the address found is
Address:
Camino Viejo a San Jose Cabo San Lucas KM 0.5
Col. El Medano
Cabo San Lucas, BCS Mexico 23450 


What is Col. El Medano means? It wasn't there on contract.


Called fedex, they said no building or street. i said a famous hotel.
I think I address it to The Villa Group. Later I told Fedex to add Sales Office.
Hope it works.


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## oldbuyer (Sep 16, 2013)

"Many TS contracts do not include their complete (or correct) mailing address so they never get the rescission letter. I always delivered mine personally to the VLO and then followed up with a confirming email to him so it's date stamped." 

You might be out of luck as they did not get your notice of rescission within 5 business days and they might have already paid commissions to the OPC, the "liner" and your salesman. 

You should call PROFECO tomorrow and ask if they will help you. If they can't or will not help you then you can try and talk to the VLO (verification loan officer) at the resort and plead your case. He is the legal representative for the Villa group and is the contact Profeco details with. He is also the person who went over your contract with you and signed on their behalf.

I've rescinded two different contracts in Cabo- both times in person but I do know that in the past the Villa Group was one of the more honest sellers but in these desperate times in Cabo perhaps they will say too bad pay up. 
Best of luck


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## Karen G (Sep 17, 2013)

bsun888 said:


> At first I put in the address in the contract without the zip code(postal code), then Fedex requires one. since Karen you mentioned the zip code, so I gave it then.



Here's where I found the address on their website.


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## bsun888 (Sep 17, 2013)

oldbuyer said:


> "Many TS contracts do not include their complete (or correct) mailing address so they never get the rescission letter. I always delivered mine personally to the VLO and then followed up with a confirming email to him so it's date stamped."
> 
> You might be out of luck as they did not get your notice of rescission within 5 business days and they might have already paid commissions to the OPC, the "liner" and your salesman.
> 
> ...



Yes. You did mentioned VLO. I didn't know what that was. How do I find out who is the person so I can call? So sad. I came to this tread to find the address, but i did follow the contract address. I just didn't address it to whom. will Sales Office work? Hope tomorrow Fedex can deliver it to "sales office". thanks.


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## beach.bar.bob (Sep 17, 2013)

Karen G said:


> Here's where I found the address on their website.



Not a big deal, but just in case, for any future reader...that's not the resort sponsored website...that website is sponsored by a third party booking agency called Destination Vacation...see the "contact us" link:
http://www.villadelarcocabo.com/villa_del_arco_contact.htm

The Villa Group resort website is at http://www.villagroupresorts.com/ But, that's the resort, owned by but not the same in a legal sense, therefore in terms of sending a rescission letter, as the timeshare developer that sells the timeshares. 

FWIW

bbb


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## easyrider (Sep 17, 2013)

What Bob said and here is a link to Universal Vacation Club contact page.

http://www.myuvc.com/Default.aspx?p=DynamicModule&pageid=241791&ssid=96503&vnf=1


Bill


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## oldbuyer (Sep 17, 2013)

bsun888 said:


> Yes. You did mentioned VLO. I didn't know what that was. How do I find out who is the person so I can call? So sad. I came to this tread to find the address, but i did follow the contract address. I just didn't address it to whom. will Sales Office work? Hope tomorrow Fedex can deliver it to "sales office". thanks.



You should be OK if it gets to the sales office as the VLO works as part of the sales office management. If Fedex or one of the two other methods of contact you sent does not deliver today call Profeco for further instructions. They have an English speaking legal staff in Mexico City. 52 55 5211 1723


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## Karen G (Sep 17, 2013)

bsun888 said:


> I'm having some problem with Fedex. they said invalid address.



You mentioned earlier that you had sent your letter three different ways: USPS, Fedex, and an additional one to the San Diego office. I don't believe Fedex was even necessary, but it couldn't hurt if it does get there.

Someone has mentioned that the sales office needs to receive your rescission letter within five days, but I don't believe that is the case. I think you just have to mail your letter within five days and have some kind of proof from the post office that you did so.

Anyway, please keep us informed as to how this all plays out. Best wishes for a successful outcome.


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## bsun888 (Sep 17, 2013)

oldbuyer said:


> You should be OK if it gets to the sales office as the VLO works as part of the sales office management. If Fedex or one of the two other methods of contact you sent does not deliver today call Profeco for further instructions. They have an English speaking legal staff in Mexico City. 52 55 5211 1723



Thank you. Will do as suggested.


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## bsun888 (Sep 17, 2013)

Karen G said:


> You mentioned earlier that you had sent your letter three different ways: USPS, Fedex, and an additional one to the San Diego office. I don't believe Fedex was even necessary, but it couldn't hurt if it does get there.
> 
> Someone has mentioned that the sales office needs to receive your rescission letter within five days, but I don't believe that is the case. I think you just have to mail your letter within five days and have some kind of proof from the post office that you did so.
> 
> Anyway, please keep us informed as to how this all plays out. Best wishes for a successful outcome.



USPS is slow and not sure when it will get there. Unable to see tracking online. If the address is correct (on contract) and mention exactly whom (VLO) to receive it, maybe Fedex deliver it there already. Let's see maybe today it will deliver to the place. I would suggest just Fedex given the correct address. Thanks.


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## easyrider (Sep 17, 2013)

When the letter is postmarked is considered the day of cancellation, not the day that the letter gets there, so you are fine.

Bill


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## bsun888 (Sep 17, 2013)

easyrider said:


> When the letter is postmarked is considered the day of cancellation, not the day that the letter gets there, so you are fine.
> 
> Bill



Thank you for the reassurance.


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## bsun888 (Sep 17, 2013)

I think I'm in trouble.
Now Fedex says "Customer not available or business closed".

I'm still not sure if the address is correct. It's same as in contract.
Anyone knows that and worked sending rescission letter?

I called PROFECO, but they want seller name, but it's not in the contract.
I say the Villa Group, but she can't find that name.
Anyone knows what is the seller?

Thanks.


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## beach.bar.bob (Sep 18, 2013)

bsun888 said:


> I think I'm in trouble.
> Now Fedex says "Customer not available or business closed".
> 
> I'm still not sure if the address is correct. It's same as in contract.
> ...



The legal company name/address on my contracts is:

Constructora los Arcos del Cabo, S.A. de C.V. 
KM 0.5 Camino Viejo A San  Jose del Cabo
Playa El Medano, Cabo San Lucas, BCS 

No Postal code noted. 

FWIW

bbb


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## bsun888 (Sep 19, 2013)

Third attempt worked, front desk signed it. I'm good now. Thanks everyone!


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## Karen G (Sep 19, 2013)

bsun888 said:


> Third attempt worked, front desk signed it. I'm good now. Thanks everyone!


Good news! :whoopie:


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## Life star (Dec 29, 2013)

*Villa Group Timeshare*

Hello Bsun,

Did you get your full deposit back if you mailed your cancellation notice within 5 days?  We are trying to cancel our timeshare we bought 3 days ago with the Villa Group in Cabo and want to ensure we don't leave any gaps as we put a significant down payment down that we need back.

Thanks!


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## Passepartout (Dec 29, 2013)

That person has not been on TUG for some time. You might click on their blue username and send an email.

Good luck with your rescission. If you follow the instructions exactly, as hard as they make them to find, you should be fine.

You may also want to cc Profeco with copies of your rescission letter. The address and phone # is in the top sticky in this forum.

Jim


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## ditty (Jan 7, 2014)

Life star said:


> Hello Bsun,
> 
> Did you get your full deposit back if you mailed your cancellation notice within 5 days?  We are trying to cancel our timeshare we bought 3 days ago with the Villa Group in Cabo and want to ensure we don't leave any gaps as we put a significant down payment down that we need back.
> 
> Thanks!



I am in the same boat and sent the cancellation letter to Villa Del Palmer as well as to their San Deigo office via overnight FedEx certified mail delivery. We signed the contract on Dec 27th and sent our cancellation letter via Fed Ex dtd Dec 30th 2013. Due to the holiday closure FedEx was able to deliver the letter only on Jan 4th. I did send the same cancellation letter via Fax to the resort on January 3rd 2014. Keeping my fingers crossed as so far I have not heard anything from the resort. My credit card is charged and I have disputed with them saying we have sent our cancellation and they are trying to contact the merchant. 
Have sent an email to Profeco along with the cancellation letter attachment and FedEx tracking document and the email receipt. Have not heard from them as well. 

In the meantime the Resort International gave a call to Welcome us. We told them that we sent our cancellation on Dec 30th and they asked few questions about when we sent and if we did via certified mail and I told them Yes, via Certified FedEx delivery. Then the rep said that they would report it back to the resort. 

What are my chances? Does anybody have a success story to share? 
Is the date of the letter that is postmarked matters or does it actually have to reach the resort within 5 business days? Little concerned on that. 

Bsun - Were you able to get your money back? Please share your story and any pointers that you can give. Thanks in advance.


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## Passepartout (Jan 7, 2014)

Ditty, it is the date of the postmark that matters, not the date they receive the letter. You should be fine if you got it shipped off within 5 days of signing the contract. They are not required to notify you that they received it, or to refund your down payment for up to possibly 45 days. More if they think they can get away with it.

It looks like you have covered all your bases by notifying the resort, Profeco, and your CC. I don't think there is much more for you to do but wait. They may try some delaying shenanigans, but don't fall for it. They have no choice if you followed their required directions. 

Glad you found us. Good luck.

Jim


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## bsun888 (Jan 7, 2014)

*Did get deposit back*

Hi,
Sorry for late reply. 
Yes I did get the deposit back. 
Important part is to call the bank and they will ask you to provide proof of mailing, the contract, back of contract where it says cancel within 5 days.
They deduct the charges and wait for merchant to dispute and I believe it's 45 business days. If they don't, then it's settled.
Good luck to you both.


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## Freaked out (Mar 9, 2014)

*Cancelation of contract - who to address to?*

Hello,
We are within our five days to cancel our contract for the Villa Preferred access membership. I didn't want to buy in but my husband really wanted to so even though I felt uneasy and didn't want to I gave into my husbands plea. Now after returning home I am freaking out... I was right for not wanting to buy in but glad I am in the five day time frame! 
That said, who do you address the letter to? Is it to the sales office of Contructoria Los Acros del Cabo, S.A. De C.V.? I want to make sure that it gets there. Also what is the fax number? I want to cover all bases... Any other contacts that I should forward my cancelation letter to? I plan to email memberservices@resortcom.com as well as cc-ing Profeco. Any other suggestions? 
Has anyone been successful in receiving their deposit? 
Also, do I need to provide a reason in my letter or van I just use "pursuant to clause 16 - Rights of Cancelation"? What else should I include in my letter - a statement of cancelation and a request for my deposit - anything else??? Any suggestions or advice is welcomed... As my user name says... I am Freaked Out!
Thanks in advance!


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## DeniseM (Mar 9, 2014)

TUG Article about rescinding, with a sample letter:

http://tug2.net/timeshare_advice/cancel_timeshare_purchase.html

Don't give a reason - just firmly say your ARE exercising your legal right to rescind.

Don't call them - telephone calls have no legal bearing on rescinding and they are just going to lie to you/pressure you, some more.


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## Freaked out (Mar 9, 2014)

*One more question about contract cancelation within five days*

Do you need to contact the VLO (loan officer) to cancel the contract? Someone mentioned that you should but I am not sure who that might be as there was more than one person helping us.


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## Passepartout (Mar 9, 2014)

The addy is required to be on the contract, but they don't have to make it easy to find. beach.bar.bob posted it upthread a few posts. I don't think you will have difficulty getting back your deposit, but it will not be instanteous. Maybe the allowed 45 days. cc'ing Profeco is a good idea too.

Many people have gotten their deposits back, and I'm pretty confident you will too as long as your postmark is in the allowable time.

you don't have to give a reason, but I like the 'pursuant to my legal right'...one as much as any. It will keep them from saying 'that reason is not good enough'.

Best Wishes, Welcome to TUG. We are glad you found us in time.

Jim


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## Passepartout (Mar 9, 2014)

Freaked out said:


> Do you need to contact the VLO (loan officer) to cancel the contract? Someone mentioned that you should but I am not sure who that might be as there was more than one person helping us.



No!!! All they will do is make you 'special deals' and try to delay you or talk you out of rescission. In facd when they call you - and they will, don't answer.


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## Freaked out (Mar 22, 2014)

*Sorted it out - successful cancelation of our Villa Group contract! *

Thank you all for the information and advice!  I am so glad that I found this website and forum in time and was able to cancel 

*What I ended up doing... *
I contacted Profeco for advice and I also contacted the management group in the US (ResortCom International - aka: Universal Vacation Club) to inform them of our intention to cancel and to inform them to stop payment. I also canceled my credit card (just in case they tried to continue taking payment).  I sent cancelation letters via email to memberservices, Profeco and cc'd the agent who sold to us.  In the email I attached the cancelation letter (which we sent hard copies of via FedEx and Purolator and facsimile to both the addresses listed on the contract as Profeco recommended that we send hard copies in the mail to all addresses listed on the contract).  Additionally, I also sent a hard copy of the cancelation letter to the San Diego office as I wanted to make sure that all bases were covered.

*What happened...*
The agent who sold to us called and left a message telling us that we were not eligible for the five day cancelation period because the first owner had the five day period (apparently ours was a "foreclosure" unit).  He went on to claim that because we signed the "liquidated damages" clause that we were also not eligible for our deposit. I emailed him and questioned him about these claims, asking for clarification in email.  He then proceeded to become rude in emails, stating "no more emails, phone calls only" and that you "knew what you were told at the office" and that he was "losing patience" and that we "owned it".  
Regardless to say, I did not want to engage in conversation with him any further and I ended up calling the resort and tracking down the Senior Verification Loan Officer through another agent.  I emailed the Senior VLO, explaining that we were exercising our legal right to cancel the contract and attached the cancelation letter that we had sent and faxed.  I also told him what the selling agent stated.  I quoted our rights according to the Federal Consumer Protection Law (articles 56 & 1) noting that we followed the cancelation procedure in our contract (clause 16) and that we had receipt of delivery.  He emailed back the next morning, apologized for any inconvenience and said that our contract would be canceled and our deposit refunded.  Relief!!!  No longer feeling Freaked out 
I received email confirmation from ResortCom International and the developer that the cancelation was in progress.  We were informed that the deposit would take around 20-25 days to show up on our credit card (I will follow up with another post when we get this). 
After that, we received two more emails from the agent, with a much nicer tone, offering us other options.  Needless to say, I did not respond to his attempts and we thankfully have not heard from him now for a few days. 

*My advice...*
If you are trying to cancel with the Villa Group in the 5 day cancelation period, do not deal with the selling agent once you plan to cancel.  They will tell you lies to think that you cannot get out of the contract, when in fact, it is your legal right.  They will also offer you other "more affordable options" and try to sell you on something else that you don't really want... remember, they are good at what they do... they convinced you to buy in the first place.  Reflecting back on the presentation and conversation with the agent, I can now see every single sales tactic he used clear as day.  As they say "hindsight is 20/20".
Follow the cancel procedure outlined in the contract.  In addition to this, notify all parties in as many forms as possible. Try to track down the Senior Verification Loan Officer and deal with them as they are the representative for the Villa Group and you will have much more success (and much less stress!)  
I hope this information helps anyone who might end up in the same situation we were in.  Good luck!

*Thanks again to everyone who has posted here - your info and advice helped us and are greatly appreciated!!! *


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## Freaked out (Mar 22, 2014)

Thanks Jim and Denise!


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## mmjjyoung (Mar 26, 2014)

I'm panicking on day 2 so please bear with me. Is the good address "The Villa Group" or "Constructora los Arcos del Cabo"??

I'm still at Villa Del Palmar and I'm planning on dropping off a cancellation notice today, March 26, 2014.   Any recommendations on how I can get a receipt without having to mail it in again on Friday?? I'm afraid to ask them anything in the office since they'll probably lie to me again and give me a false address!
Thanks
Mark


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## Karen G (Mar 26, 2014)

mmjjyoung said:


> I'm panicking on day 2 so please bear with me. Is the good address "The Villa Group" or "Constructora los Arcos del Cabo"??
> 
> I'm still at Villa Del Palmar and I'm planning on dropping off a cancellation notice today, March 26, 2014.   Any recommendations on how I can get a receipt without having to mail it in again on Friday?? I'm afraid to ask them anything in the office since they'll probably lie to me again and give me a false address!
> Thanks
> Mark


Scroll back up to post #34 in this thread and click on the link to the UVC website, which has a couple of addresses in the U.S.  The critical thing you need is proof that you mailed your rescission within the five-day rescission period. A receipt from the post office will accomplish that.

If you personally take your cancellation letter in, have some kind of receipt prepared that you can ask someone at the desk to sign showing that you gave it to them on this date. Just be adamant that you are exercising your legal right under Mexican consumer law to rescind and don't engage in any other conversations.  Let us know how it goes.


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## saywhat (Mar 26, 2014)

Relax, no need to panic. Call your credit card and dispute/cancel the charge. Email a cancellation letter to Arcos and copy Profeco, go to the local post office and send it registered.
You really don't even need to talk to them anymore. Once the CC company see's you followed the intructions they'll cancel the charge. Once Arcos knows you've done that it will take the fight right out of them since they know how the CC company will fall.


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## T2man (Mar 28, 2014)

Karen G said:


> Scroll back up to post #34 in this thread and click on the link to the UVC website, which has a couple of addresses in the U.S.  The critical thing you need is proof that you mailed your rescission within the five-day rescission period. A receipt from the post office will accomplish that.
> 
> If you personally take your cancellation letter in, have some kind of receipt prepared that you can ask someone at the desk to sign showing that you gave it to them on this date. Just be adamant that you are exercising your legal right under Mexican consumer law to rescind and don't engage in any other conversations.  Let us know how it goes.




I recommend that if you'll arrive home before the end of the five day grace period, you just wait until then to send in the letter.  If you don't want to wait, theirs a Fed Ex office in downtown Cabo where you can overnight the letter to them and you'll get the receipt.  I went to the Profeco office in the Golden Building and they were very helpful in advising me of what to do.  Their office is about 1/4 mile from the Fed Ex office. 

*Going back to the timeshare office will only add stress and will ruin the rest of your vacation!!  *They'll tell you that you need to pay the full deposit due to cancel the rest of the contract.  In my case, it was almost $8000 and then they'll threaten you with legal action if you don't. 

My final thought:  I'LL NEVER GO TO ANOTHER TIMESHARE PRESENTATION NO MATTER WHAT KIND OF INCENTIVES THEY OFFER!!


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## T2man (Mar 31, 2014)

T2man said:


> I recommend that if you'll arrive home before the end of the five day grace period, you just wait until then to send in the letter.  If you don't want to wait, theirs a Fed Ex office in downtown Cabo where you can overnight the letter to them and you'll get the receipt.  I went to the Profeco office in the Golden Building and they were very helpful in advising me of what to do.  Their office is about 1/4 mile from the Fed Ex office.
> 
> *Going back to the timeshare office will only add stress and will ruin the rest of your vacation!!  *They'll tell you that you need to pay the full deposit due to cancel the rest of the contract.  In my case, it was almost $8000 and then they'll threaten you with legal action if you don't.
> 
> My final thought:  I'LL NEVER GO TO ANOTHER TIMESHARE PRESENTATION NO MATTER WHAT KIND OF INCENTIVES THEY OFFER!!




I just went though the cancellation process the in March 2014.  We were impulsive and got caught up in their hype.  That night, I did some online research after signing a contract.  I notified my sales agent of my intent to cancel the day after we signed.  She brought in her supervisor to our meeting and then she said the only way they could "help" us out to cancel was for us to pay off the entire security deposit of almost $8000.  My jaw dropped and I asked them about the five day cancellation policy.  They said it only applied to the rest of the contract but didn't apply to the deposit--TOTAL BS!!  I then told them I'd talk to my wife and reconsider our options.

That night, I visited this web board and saw the threads where people were successful in getting their security deposit back.  I drafted a cancellation notice and the next day I went to drop it off.  They asked me to return later in the day with my wife, contract, ID's and credit card for a meeting with one of the supervisors.  I had a feeling they were going to try to get me to sign a new contract so I didn't bring any of the requested items except for the cancellation notice.  At the meeting, he was very belligerent and threatened legal action if I didn't pay the rest of the deposit.  He said, I signed a waiver to the five day cancellation period for the deposit and that Mexican law required that I forfeit the deposit-TOTAL BS!!  I told him I spoke to the PROFECO office in Cabo and they advised that Mexican law say's that I'm entitled to a full refund if I cancel within the five days.  He said Profeco wasn't a legitimate organization and that the only way he could "help" me was to pay the rest of the deposit and to sign a new contract forfeiting the deposit.-TOTAL BS!!!  I gave him our cancellation letter and left his office.  I also sent a letter from the Fed Ex location in Cabo.

I tried to not have this situation ruin the rest of our vacation but it was very stressful.  We returned home on day three of the five day grace period and I then emailed and faxed the same letter to memberservices@resortcom.com.  I also sent an additional letter to ResortCom via Fed Ex.  

It's now day five of my cancellation period and I just noticed that my credit card account no longer reflects the "pending" deposit---YEAH!!!

My only suggestion is to NOT go to the presentation without prior research.  Their only goal is their commission and they'll say anything for it.  If you decide to cancel, DO NOT go back to the timeshare office, they'll only try to get your security deposit and they will ruin your vacation.  Just head down to the Fed Ex office and send in your letter.  I followed up with emails, faxes and additional copies via Fed Ex.  I don't know which notice got the job done but I felt it was better to just scatter gun the notices and thankfully they stuck.

THANK YOU ALL FOR THE INFORMATION ON THE CANCELLATION PROCESS!!


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## Karen G (Apr 10, 2014)

missantonia said:


> My biggest concern, and one I have not heard anyone address, is that I made a CASH deposit of $6278.00. Yes, I am humiliated and an idiot but yes, I did make a wire transfer into their bank account, which was provided to me by the agent. Has anyone had any experience with this? And how do I request that they refund me? Cashiers check? Money order? Am I screwed?


I don't recall anyone else reporting that they had made a cash down payment. Perhaps you could ask for a wire transfer of the cash back to the account from whence it came?


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## missantonia (Apr 16, 2014)

Karen G said:


> I don't recall anyone else reporting that they had made a cash down payment. Perhaps you could ask for a wire transfer of the cash back to the account from whence it came?



Karen G- My sales agent contacted me by email saying that she was made aware of my cancellation letter, and that her sales manager was just about to turn my account over to collections when she "stepped in" on my behalf. She said it was 6 days not 5, but that in any event she couldn't reimburse my refund without a credit card number. I told her that it WAS within 5 days, in fact in was 4, and I rattled off that  NOM-029-SCFI-2010,  section 5.5.14  clause and that weekends are not business days. I also said that I was not comfortable with giving her my credit card info at this point, and since I wired the deposit to the bank, they could simply wire it back. 
I am waiting for her reply. If they really do intend to give me my deposit back, I dont want to be so rigid that they change their minds, but Id be an idiot to hand that info over, right?


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## Passepartout (Apr 16, 2014)

If they are willing to credit to a card, I say Go For It. You might ask your bank if you can just give them a onetime debit card number, then cancel it as soon as the credit is received.

I don't understand your reluctance to use a credit card. The transactions are insured, and the user is liable for only $50 max for fraud. Whereas with wire transfer or debit, you are liable for the whole thing if it goes awry. 

Jim


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## missantonia (Apr 16, 2014)

Passepartout said:


> If they are willing to credit to a card, I say Go For It. You might ask your bank if you can just give them a onetime debit card number, then cancel it as soon as the credit is received.
> 
> I don't understand your reluctance to use a credit card. The transactions are insured, and the user is liable for only $50 max for fraud. Whereas with wire transfer or debit, you are liable for the whole thing if it goes awry.
> 
> Jim



oh my mistake- I meant debit card, not credit card.  I don't actually have a credit card. The agent said credit card though. So a one time use debit card...sounds good. Or just use the one I have and then cancel it. Thanks, I will suggest it thanks.


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## jd97504 (Dec 21, 2014)

Karen G said:


> I don't recall anyone else reporting that they had made a cash down payment. Perhaps you could ask for a wire transfer of the cash back to the account from whence it came?



Hi. Cash down payment here. Why is a long story, but yes, we were in Cancun with several thousand dollars cash apparently burning a hole in our pockets.

So. We are doing a printed (hand carried, receipt signature, dated) and emailed  (CC'ed to profeco and our bank) rescission letter, with hard copies to follow on everything within the five day window. I'll let you know how the refund is handled (we asked that the cash portion be returned in cash or cashier's check).


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