# Mexican Scams



## Hamjo54 (Nov 28, 2009)

Has anyone had experience with hiring legal assistance to try to cancel a contract in Mexico and have you had any success? We recently were deceived to purchase at Grand Mayan based on promises of selling our existing timeshare plus the potential rental fees that would cover our maintenance costs.


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## Oldphil (Nov 30, 2009)

Under Mexican law you have five business days to cancel any contract, this is probably late news.  I found out to late with our contract with Play Grande, did find out they are suppose to inform you but most do not plus try to prove they did not.

Phil


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## Tia (Nov 30, 2009)

What if in the written agreement it says you agree to purchase the new ts xx and they agree to take your old ts xxx in trade?

This happened to friends and now the resort has told them, a year later, they couldn't sell it so now they have 2 ts in same city in Mexico.


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## nazclk (Dec 1, 2009)

*Trade-ins*

They put that in a contract,  that's a new one.  Usually they just tell you. 
I would think you could take that to Profeco and get it enforced.


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## TimeShare Junky (Dec 2, 2009)

Unfortunetly, I think you will not get far. I had the same issue and it was written in the contract. However, Perfeco has a one year limitation. After one year you are S.O.L. 

I have 20 timeshare weeks and found out the only one's I can trust is Starwood and Royal's in Mexico and this may even change. I have been on many timeshare presentation and Raintree is just as bad. You have no protection in Mexico. My opinion


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## nazclk (Dec 2, 2009)

*Timeframe*

That is true but the OP said "recently"  so I would assume that's less than a year.


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## Hamjo54 (Dec 10, 2009)

I am retracting my previous negative comments. My complaints with Grand Mayan have been satisfactorily resolved.


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## pjrose (Dec 10, 2009)

It would help others in similar situations to know how your issue was resolved.  Who did you contact, how much time had elapsed, what happened, etc?


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## musictom (Dec 25, 2009)

pjrose said:


> It would help others in similar situations to know how your issue was resolved.  Who did you contact, how much time had elapsed, what happened, etc?



My guess is that MP bought them off, on the condition they say nothing negative about the experience. I've seen this reply several times on this and other boards.

Interesting.


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## cludge (Dec 31, 2009)

*Need help contacting PROFECO*

In September, my wife and I signed a contract for a unit at Pueblo Bonito Sunset Beach (Los Cabos).  The next day, I emailed the property, the salesman and the sales manager telling them I wanted to rescind the contract.  Two days later, still within the 5 days, I received an email from the sales manager that they would cancel the contract but would not refund my $4745 deposit.  I sent them another email that same day emphasizing that I wanted them to refund my down payment.  I contacted Bank of America about the $4745 charge and after a few weeks, Pueblo Bonito stopped talking with them.  I have sent PROFECO three emails, including one in Spanish requesting help but have not gotten any response.  Can anyone assist me in my quest to get my $4745 back?

Thanks
Claude


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## Karen G (Dec 31, 2009)

Seems like your credit card company would be the one to work this out. Did you send copies of the contract and emails to the credit card company showing them that you had five days to rescind and that you did so within the specified time? Can you speak with a supervisor at the credit card company?

I don't understand how PB justifies not returning your deposit. If the agreement is rescinded, there is now no agreement or contract and they are not entitled to any of your money.

Did you use this email address for Profeco:  extranjeros@profeco.gob.mx

Here's a toll free number for tourists from their brochure: 01-800-903-9200


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## cludge (Dec 31, 2009)

Karen G said:


> Seems like your credit card company would be the one to work this out. Did you send copies of the contract and emails to the credit card company showing them that you had five days to rescind and that you did so within the specified time? Can you speak with a supervisor at the credit card company?
> 
> I don't understand how PB justifies not returning your deposit. If the agreement is rescinded, there is now no agreement or contract and they are not entitled to any of your money.
> 
> ...



I did all that and sent emails to the extraneros email three times including one in Spanish.  BAC  was no help even after several weeks and dealing with several layers of assistance.  No replies so far except from BAC saying they could not assist me.


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## cludge (Dec 31, 2009)

cludge said:


> I did all that and sent emails to the extraneros email three times including one in Spanish.  BAC  was no help even after several weeks and dealing with several layers of assistance.  No replies so far except from BAC saying they could not assist me.



In addition, about a month ago, I received a payment coupon book from a servicing company.  I contacted the servicing company and sent them copies of the previous emails with PB.  They said they would contact the property.  It seems like PB does not accept that the contract is rescinded even after they agreed to rescind it.  PB keeps saying that it was a voluntary cancellation and therefore I am not entitled to a refund.  They never mention the 5 day recission period even though I rescinded within the 5 days.   Bear with me I am a TUG newbie.

Thanks

Claude


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## Karen G (Dec 31, 2009)

cludge said:


> PB keeps saying that it was a voluntary cancellation and therefore I am not entitled to a refund.  They never mention the 5 day recission period even though I rescinded within the 5 days.   Bear with me I am a TUG newbie.


Claude, we're happy to have you here. Welcome to TUG. I just can't understand PB's position on this matter since you rescinded within the time period stipulated by Mexican law. This must be so frustrating for you. I also can't understand why BofA can't help you.  I hope someone with some professional credit card insight can shed some light on this.


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## cludge (Dec 31, 2009)

Karen G said:


> Claude, we're happy to have you here. Welcome to TUG. I just can't understand PB's position on this matter since you rescinded within the time period stipulated by Mexican law. This must be so frustrating for you. I also can't understand why BofA can't help you.  I hope someone with some professional credit card insight can shed some light on this.



Thanks Karen

I appreciate any help the members can provide.  

Happy New Year!

Claude


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## taffy19 (Dec 31, 2009)

There are a few American Law firms that practice law in Mexico too. Here is a company that has been used by a bunch of people once and they got their money refunded with one "infamous" timeshare resort developer in Mexico. They had to sign a gag order but I got the information from one of the people who was involved as I read his complaint on the Internet and called him. He had to take the complaint down or they would sue him.

This is a long time ago but I know that there is also a company in San Diego but I don't remember the name. I have no experience with them so don't know if they can help you or not.

I also read a link here of someone who had success with a law firm in Mexico. I hope it is not a disguised ad for this company but you can read the thread yourself. I have seen it in several places what makes me a little suspicious.

The problem is that you emailed them your cancellation but you should have followed their instructions exactly what may have been that you should have done it through the mail or in person.  You may have that against you.  I hope that I am wrong.

Also, Bank of America seems to have a tie in Mexico so I would use a different credit card as other cards seem to give credit to fraud victims if people send them links from all the complaints that are listed on the Internet for that company plus all their own paperwork.


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## dawnalt (Jan 10, 2010)

*Please reply*

I would like to know how you got that resolved with Grupo Mayan.  They said the same thing to us that we could sell them our equity in our Bahama timeshare.  The problem is that they did not let us know that could not happen until about 10 days past the purchase so there was no way to stay within the five days.  Now we are stuck with BOTH timeshares.  The only reason that we wanted the Grupo Mayan was to only have one timeshare. We loved the place but now know that we were "had" by them.  I think that they totally lied to us about being able to use our Bahama timshare.  This has definitely created a financial hardship for us because we are now having to pay the maintenace fees on the Bahama timeshare that we thought we had sold to GM.


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## MrF (Mar 9, 2010)

*MAYBE not SOL*



TimeShare Junky said:


> ... Perfeco has a one year limitation. After one year you are S.O.L.



I don't believe that this is necessarily so. We were ripped off by Royal Holiday in June 2007, and PROFECO has agreed to review our case.

If you read the Mexican Consumer Law, it is not quite that simple (We initiated the contract in June 07, but did not pay it off until 6 months ago, and have NEVER used the "service"). Remember, _these laws are not just written for timeshares_.:

_ARTICLE 105. Claims may be filed within the term of one year with respect to any of the following presumptions: I. With respect to sales of goods or rendering of services.
III. When a doubt exists regarding the legal appropriateness of the payment; IV. As long as a breach of any of the obligations assumed by the adversary continues, while the procedure is being completed with the Agency;
a) As of the date when the voucher that covers the price or the considera- tion agreed upon is issued; b) As of the date when the good has been paid or the service may be enforceable, in whole or in part;
V. In order to comply with covenants or awards; and VI. To guarantee the commitments as- sumed with the Agency.
c) As of the date when the good is received, or the service is rendered, or d) As of the last date when the consumer evidences to have requested directly from the supplier the performance of any of the obligations assumed by such supplier._


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## pjrose (Mar 9, 2010)

MrF said:


> I don't believe that this is necessarily so. We were ripped off by Royal Holiday in June 2007, and PROFECO has agreed to review our case.
> 
> If you read the Mexican Consumer Law, it is not quite that simple (We initiated the contract in June 07, but did not pay it off until 6 months ago, and have NEVER used the "service"). Remember, _these laws are not just written for timeshares_.:
> 
> _. . . .  As of the last date when the consumer evidences to have requested directly from the supplier the performance of any of the obligations assumed by such supplier._



This last part may help TUGgers; I infer that if the consumer writes a letter requesting that the "supplier" follow through with the promised obligations, then the consumer has one year to file with PROFECO.


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## MrF (Mar 9, 2010)

pjrose said:


> This last part may help TUGgers; I infer that if the consumer writes a letter requesting that the "supplier" follow through with the promised obligations, then the consumer has one year to file with PROFECO.



We were informed by PROFECO that now that our case has been accepted for review, we have ONE YEAR to follow through with the process.

At this point we are handling things on our own (without an attorney or assistence), and I honestly don't know if this is the best way to do it.    But these "Help" organizations charge so darn much, we did not want to throw any more good money after bad, and proceeded on our own. We are just praying and hoping for the best, and that we get some honest people at PROFECO .


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## cludge (Mar 24, 2010)

*PROFECO Complaint*

We received notification today that we have a hearing related to our complaint (for refusal to refund our deposit although we cancelled one day after signing the contract) against Pueblo Bonito Sunset Beach (Los Cabos) at the PROFECO office in Mexico City on April 28.  We also recently filed a complaint with the Better Business Bureau against Concord Servicing who was trying to collect payments on the contract which we had cancelled.  After much anguish with them, they finally agreed to remove our account from their collection efforts.  Has anyone had any experience with hearings at PROFECO?

Thanks 

Claude


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## ada903 (Mar 24, 2010)

My sister in law came back from the Grand Mayan ten days ago where they purchased the HSI package - total waste of money, they basically bought the right to purchase getaway/bonus weeks from a surplus inventory.  She already has membership with II and RCI and can buy bonus weeks, which is the same benefit, except II inventory is much better than HSI. Of course, she was told that they would sell her Worldmark timeshare for what she paid from the developer, can you believe that!   And she was told the HSI inventory had weeks available at the Grand Mayan in peak season!   When she landed, it was the third day since she bought.  I immediately read her contract, which did not specify any conditions on how to rescind, so I put together a rescission letter which I emailed to the sales person, and CC-ed PROFECO, I faxed it to them, and I sent it by registered mail as well.  A day later (in the fourth day after purchase), the sales person sent us by email their contract form for canceling, which we emailed back as electronic attachment, and faxed as well.  Within days they refunded the money.  However the contract that my sister in law had to sign in order to rescind had language obliging her to not make negative comments about her purchase, withdraw all her complaints and negative remarks, etc.  Thanks God I got them out in time.  Took me a whole day of work on the bloody paperwork.  She is taking us to dinner this week to thank us!


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## pjrose (Mar 25, 2010)

ada903 said:


> My sister in law came back from the Grand Mayan ten days ago where they purchased the HSI package - total waste of money, they basically bought the right to purchase getaway/bonus weeks from a surplus inventory.  She already has membership with II and RCI and can buy bonus weeks, which is the same benefit, except II inventory is much better than HSI. Of course, she was told that they would sell her Worldmark timeshare for what she paid from the developer, can you believe that!   And she was told the HSI inventory had weeks available at the Grand Mayan in peak season!   When she landed, it was the third day since she bought.  I immediately read her contract, which did not specify any conditions on how to rescind, so I put together a rescission letter which I emailed to the sales person, and CC-ed PROFECO, I faxed it to them, and I sent it by registered mail as well.  A day later (in the fourth day after purchase), the sales person sent us by email their contract form for canceling, which we emailed back as electronic attachment, and faxed as well.  Within days they refunded the money.  However the contract that my sister in law had to sign in order to rescind had language obliging her to not make negative comments about her purchase, withdraw all her complaints and negative remarks, etc.  Thanks God I got them out in time.  Took me a whole day of work on the bloody paperwork.  She is taking us to dinner this week to thank us!



Nice.  And though SHE may not be able to make comments, YOU can!


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## cludge (Mar 25, 2010)

*PROFECO and Pueblo Bonito Sunset Beach Complaint*

At least Grand Mayan has some class.  I have been battling this deposit problem since September and hope to resolve it soon.


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## ada903 (Mar 25, 2010)

Exactly.  We saved all the papers including the rescission form, so if anyone needs help or info on how to rescind HSI (Holiday Systems International) purchases, email me and I can send you all I have and guide you through the process.


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## easyrider (Mar 25, 2010)

About 6 years ago there was a link to a Mexico timeshare fraud website on tug. It was very helpfull in our first and only cancelation.

The other Mexico scam is when your traveling about and need to use a restroom. At a service station or minimart some scammer has the vital toilet paper you may need for sale outside of the restroom. He or she may ask you  if you would like to buy a few pieces at a reasonable price under the circumstances.


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## T_R_Oglodyte (Mar 25, 2010)

easyrider said:


> The other Mexico scam is when your traveling about and need to use a restroom. At a service station or minimart some scammer has the vital toilet paper you may need for sale outside of the restroom. He or she may ask you  if you would like to buy a few pieces at a reasonable price under the circumstances.


An excellent reason to always carry with you the papers guaranteeing that you will be able to rent out your unit for double or triple your maintenance fees!


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## nazclk (Mar 26, 2010)

*Hearing*

When you say you have a hearing at the Profeco Office in Mexico City is that a mandatory appearance by both sides.  Or do they just have the hearing and let you know the outcome.


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