# Please advise (I still have time to rescind)



## nando_7 (Mar 10, 2017)

I stumbled upon this site like so many...AFTER I purchased a timeshare.  I'm still confused but from what I can understand, it seems too good to be true.  And we all know the saying...

I just purchased a time share at Pueblo Bonito Sunset for approximately $8000 when it's all said and done.  This is for 8 weeks per year in a junior suite at any Pueblo Bonito Resort as well as a list of thousands of other hotels they have in a book they gave me.  If I want to upgrade, I take from the $3000 of "bonus money" or whatever you want to call it that they "give" me each year.  Say the upgraded room is $400, I can use $200 from that $3000 bonus money and upgrade to that room for $200(in this example).  In addition to those 8 weeks, I have 50 points to use.  This is where I'm confused even after I called and they explained it.  What do I need more points for if I already have 8 weeks?  The 8 weeks is with something called Pueblo Bonito preferred.  The 50 points I'm told I can bank with RCI and every 2 years use it to book a Jr suite somewhere.  When I use those 50 points there is a maintenance fee of $4.59 per point...so essentially $459 any time I book using those points.  The lady explained that when I from my 8 week time that I have, the maintenance fees are "optional".  Again, "optional" to me seems to good to be true.  Who would pay them if they're "optional".  

Can someone please help and clear this up for me and advise on whether or not this is a good purchase.  I purchased yesterday at approximately 2pm so I just finished 1 complete day since purchase and am still within the rescind period and am trying to now decide if I should keep or rescind.  I feel like I'm missing something here because this doesn't sound half bad from what I do understand.  

Any help is greatly appreciated.  Thanks


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## nando_7 (Mar 10, 2017)

Also, I'm a little worried because I'm still in Cabo and we don't leave until noon tomorrow.  If I need to rescind, I'd like to do it asap.  However, I want to send it certified mail and I'm not sure if that's even an option here in Mexico.


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## Ty1on (Mar 10, 2017)

Rescind.  Mexican timeshares are easy peasy to exchange into or rent.  If you bought yesterday, you have to get that certified mail postmarked by Monday.  I read a story about a guy who found a local lawyer who helped him rescind in person, but I can't tell you anything about that.


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## happymum (Mar 10, 2017)

I am not familiar with the Pueblo Bonito property, but in general the advice here is to rescind while you can, then take your time to research extensively before buying. That way, you know what is an appropriate cost and what benefits to expect. Make sure you follow the recission instructions exactly!


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## nando_7 (Mar 10, 2017)

I just spoke to a lady who's number is on their information packet under "member services" who said the only thing I need to do is send an email to a particular email address requesting cancellation.  She made sure to make it very clear that my $1700 deposit would be non-refundable.  She said it at least 3 times. 

Do they legally have to refund my deposit even if I sign something that states that I understand it was non-refundable under any circumstances?  If they do not refund my deposit (which I'm guessing they won't), what are the chances I ever see that money again even if I dispute it through my bank? (U.S Bank)


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## Ty1on (Mar 10, 2017)

First of all, it's all refundable by Mexican law.  Second, she's coaching you to violate the rescission instructions so they can deny your rescission.

DO NOT speak with Sales or Member Services!


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## Ty1on (Mar 10, 2017)

The rescission law supercedes any contractual language.  You cannot sign away your right to full rescission.


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## nando_7 (Mar 10, 2017)

The instructions on cancelling ARE NOT on the contract and she kept referencing the termination clause that says nothing about cancelling within 5 days or gives any address to send a cancellation letter to.  Their "thirteenth clause" states: 

13- This agreement may be terminated without penalty to any of the parties in the following cases:

1) Expiration of the validity of this agreement if MEMBER did not choose the corresponding renewal
2)  Early termination as chosen by MEMBER, as long as MEMBER is up to date with all his/her payments under this agreement
3) By death of MEMBER and if the beneficiary does not wish to continue with this agreement

Therefore, the parties agree that in case of termination of this agreement, Pueblo Bonito will have no obligation to refund any amount to the MEMBER for any reason.  The parties agree that PUEBLO BONITO will retain the amounts paid on the date of termination as a penalty for cancellation. 

From everything you guys are saying and comments on other threads, that last little paragraph is not enforcable and illegal if I rescind within 5 days, correct?


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## Ty1on (Mar 10, 2017)

Correct.  You have an inalienable right to rescind within 5 days.  I thought Mexico required rescission instructions to be included with the contract, but I could be wrong.  If I'm right, they violated law by not including them.  Are you sure there isn't another form in there outside the contract detailing how to rescind?

Hopefully someone will chime in with the correct address, and also the address for Profeco. You should send them a copy of the rescission at the same time to establish that you rescinded on time of the resort tries to deny that you did.


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## Karen G (Mar 10, 2017)

nando_7 said:


> The instructions on cancelling ARE NOT on the contract and she kept referencing the termination clause that says nothing about cancelling within 5 days or gives any address to send a cancellation letter to.  Their "thirteenth clause" states:
> 
> 13- This agreement may be terminated without penalty to any of the parties in the following cases:
> 
> ...


Here is a link to Profeco, the Mexican consumer protection agency:  http://www.profeco.gob.mx/revista/publicaciones/otas_pub_06/timeshares_abr06.pdf
In the center of the document it discusses the five-day rescission period. Your deposit should be returned according to Mexican law. There is also contact info for Profeco. I think there is a Profeco office in Cabo.

I've heard of people who prepared a letter while they were at Pueblo Bonito and took it to the administration office (not sales office). They had someone sign that they received the letter and kept a copy for themselves.  I believe there's a business center where you could use a computer and print out a letter. It can be a simple statement that you are exercising your right of rescission according to Mexican law and be sure that both you and your husband (or whoever you bought it with) sign the letter.

If you have any questions whatsoever how the timeshare plan you bought works, rescind now while you still can. Don't talk to anyone in the sales dept.  Good luck and let us know how it turns out.


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## nando_7 (Mar 10, 2017)

Perfect.  That's exactly what I'll do now.  I'll keep you posted on the resolution.  Thanks everyone for your quick replies!  VERY helpful!


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## Karen G (Mar 10, 2017)

If you used a credit card for your down payment, once you prepare and deliver your rescission letter, dispute the charge with your credit card company and send them a copy of your rescission letter.


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## nando_7 (Mar 10, 2017)

Sorry, but to confirm.  On my cancellation letter I will include the following.  Please let me know if I need to add anything else:  

My name, date, contract number, and notice of cancellation beginning today.  Anything else?


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## Ty1on (Mar 10, 2017)

nando_7 said:


> Sorry, but to confirm.  On my cancellation letter I will include the following.  Please let me know if I need to add anything else:
> 
> My name, date, contract number, and notice of cancellation beginning today.  Anything else?



no need to say beginning today.


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## Karen G (Mar 10, 2017)

nando_7 said:


> Sorry, but to confirm.  On my cancellation letter I will include the following.  Please let me know if I need to add anything else:
> 
> My name, date, contract number, and notice of cancellation beginning today.  Anything else?


Nothing else needed.


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## Ty1on (Mar 10, 2017)

Timeshare Owner Name
Address
City, ST Zip Code
Contact Phone Number
Fax Number
E-mail Address

Timeshare Company
Address
City, ST Zip Code
Contact Phone Number
Fax Number

Current Date

Attention Customer Service,
I am writing to cancel my timeshare contract. My name is (enter your name here) and I purchased a timeshare with (enter timeshare company) on (enter purchase date).  I am writing to you within the mandated rescission period to cancel this contract. I am entitled to this rescission period by Mexican law as enforced by Profeco.

Timeshare: Generic Name Resorts
Owner: Timeshare Owner Name
Contract Number: XXXXXXXX
Date of Purchase: XX-XX-XXXX

I’ve made the decision to cancel my contract for the following reasons:
1. E.g. I do not think I can afford to make the payments.

2. E.g. I felt I was pressured/misled/lied to in the timeshare sales presentation.

Again, I am cancelling my timeshare contract immediately. Please reply with a written response and refund all monies paid by me toward this contract purchase as per law.

Sincerely,

Timeshare owner name


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## Ty1on (Mar 10, 2017)

PS they don't have to send a written response, but it doesn't cost anything to ask for it.  They will call you trying to rescue their sale.  You gain nothing by talking to them.


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## dioxide45 (Mar 10, 2017)

No need to tell them why you have to rescind. This will just give them a reason to call or talk to you to get you to take some other offer. Just telling them you are rescinding is all you need. Provide only the necessary details.


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## nando_7 (Mar 10, 2017)

Below is what I sent before I saw the template suggested above.  I gave no reason as I didn't think that was important.  Did I need to include that?  Here's what I emailed them: 

Contract number:  155***
Name on contract/member name:  ***
Date of contract:  March 9, 2017
To Whom It May Concern: 
Please accept this email as notice that I would like to cancel my contract (number ***) that was activated on March 9, 2017.  Today is March 10, 2017.  I am within the 5 business day rescission period that is given to me under Mexican law to cancel this contract without penalty.  The law also states that you are to refund me the full amount of the deposit, without penalty, within 15 days.  The deposit was taken out of my bank account using my U.S Bank Visa card.  There were 2 separate charges made- one for $1257 dollars, and the other for $499 dollars, for a total of $1756 dollars.  Please reference this link if you have any questions regarding Mexican law mentioned above:  http://www.profeco.gob.mx/revista/publicaciones/otas_pub_06/timeshares_abr06.pdf
I have also cc'd Profecos on this email, and I will be mailing a certified letter on Monday as well.  
Thank you for your prompt attention and cancellation of the contract referenced above.

Will this suffice?


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## dioxide45 (Mar 10, 2017)

That should suffice.


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## Karen G (Mar 11, 2017)

nando_7 said:


> Will this suffice?


Yes, that should be fine. Don't forget to notify your credit card company and dispute both charges.


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## Conan (Mar 11, 2017)

nando_7 said:


> Here's what I emailed them:
> 
> Please accept this email as notice ....



It's OK that your letter had the word "email" but you are going to deliver it physically - - not by email -- right?


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## TUGBrian (Mar 11, 2017)

congrats on finding TUG in time to save $8000 bucks!


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## Karen G (Mar 11, 2017)

Here is a quote from the Profeco 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."

I hope the OP was able to hand deliver her rescission letter while she was still on the property as an additional means of notifying the developer as the email address she was given may or may not be the correct one. However, if she also sends her letter by certified mail so that she has the receipt from the post office showing that she did so within the five days, hopefully that will be enough to satisfy the credit card co. to reverse the charges.


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## nando_7 (Mar 14, 2017)

Karen G said:


> Here is a quote from the Profeco 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."
> 
> I hope the OP was able to hand deliver her rescission letter while she was still on the property as an additional means of notifying the developer as the email address she was given may or may not be the correct one. However, if she also sends her letter by certified mail so that she has the receipt from the post office showing that she did so within the five days, hopefully that will be enough to satisfy the credit card co. to reverse the charges.



Question- As long as the certified mail is postmarked within the 5 day recession period, am I ok even if it takes the letter 2 weeks to actually be delivered?


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## LannyPC (Mar 14, 2017)

nando_7 said:


> Question- As long as the certified mail is postmarked within the 5 day recession period, am I ok even if it takes the letter 2 weeks to actually be delivered?



Yes.  That's why we recommend sending it certified mail with a receipt requested.  You can keep the receipt to show that you mailed it within the rescission period.


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## nando_7 (Mar 14, 2017)

Perfect.  FedEx certified signature required takes 2 weeks(even at $70).  Wanted to make sure that wouldn't put me outside of the 5 day recision period.


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## Armandina Goetz (Mar 18, 2017)

Karen G said:


> Here is a quote from the Profeco 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."
> 
> I hope the OP was able to hand deliver her rescission letter while she was still on the property as an additional means of notifying the developer as the email address she was given may or may not be the correct one. However, if she also sends her letter by certified mail so that she has the receipt from the post office showing that she did so within the five days, hopefully that will be enough to satisfy the credit card co. to reverse the charges.


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## taterhed (Mar 19, 2017)

Congrats on finding TUG.

Don't forget to relax and enjoy the rest of your vacation.  If you like timesharing, take some time--once you're home--and decide what is right for you!
This site is full of ideas, advice and experts who'll be happy to help you find your perfect vacation (own/buy/rent etc....) and help you avoid the pitfalls and traps.

If you decide you still want Cabo.....It'll still be there in 2 weeks, 2 months or 2 years.  Your timing is very funny....I had a friend chat with me last night about P-B Sunset as well.  Small world.

Cheers!


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## Hooper23 (Jun 11, 2017)

Looks like Pueblo Bonito is still running this scam! What is the fasted and most effective way to cancel the contract for a full refund? THANK YOU in advance any and all help. We are quickly approaching the 5 day deadline. Wish I would have found this forum before visiting Mexico!


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## Karen G (Jun 11, 2017)

Hooper23 said:


> Looks like Pueblo Bonito is still running this scam! What is the fasted and most effective way to cancel the contract for a full refund? THANK YOU in advance any and all help. We are quickly approaching the 5 day deadline. Wish I would have found this forum before visiting Mexico!


Are you still in Mexico or are you back in the US?  

If you are back in the US, prepare a simple letter stating that you wish to rescind your purchase agreement and expect to have all money you paid refunded per Mexican law that gives you five days to rescind. Then you send the letter to Pueblo Bonito at the address on your contract.  You need to have proof that you sent it within the five-day rescission period & that can be accomplished by sending it certified mail.  

If you are still in Mexico others have reported success by hand delivering your rescission letter to the sales office and getting someone to sign your copy indicating receipt of the letter with the date you presented it.  Since it's Sunday there likely won't be anyone in the office to receive it. You'll have to give it to them Monday.

Here's a link to Profeco: https://www.profeco.gob.mx/revista/publicaciones/otas_pub_06/timeshares_abr06.pdf


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## Hooper23 (Jun 12, 2017)

Thank you for the information.I sent an email and plan to go by Sunset tomorrow. Do I need to talk to the members of Sunset or the sales team?


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## Hooper23 (Jun 12, 2017)

Just reread your message. Looks
like it is a good idea to get a signed letter by the sales tea and a member of the Sunset management.


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## Karen G (Jun 12, 2017)

If there is an owners dept. or something like that, maybe customer service, they might be able to help you better. Bear in mind that if you approach the sales people they will probably try to talk you out of rescinding or act like you can't do so. You absolutely can rescind--it is your right under Mexican law.

Don't take no for an answer. Keep demanding to see someone who can take care of your rescission.


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## DeniseM (Jun 12, 2017)

Wow - personally, I would hate to go back into the lion's den.  My first choice would be to use a trackable delivery system in Mexico.


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## Hooper23 (Jun 12, 2017)

Sadly, everyone acts clueless. Even when I asked for the general managers email the guy acted like he didn't know who she was, not even her name. He gave us a falsified guy's name and email who doesn't even exist.


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## Hooper23 (Jun 12, 2017)

The only trackable system is email, it seems. But it has been a chore getting email addresses for the parties we need to contact on site at Sunset. An email was sent to Profeco so hopefully that fixes this issue quickly.


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## Hooper23 (Jun 12, 2017)

Is the cancellation 5 business days or just 5 days?


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## DeniseM (Jun 12, 2017)

Just 5 days - and it's the postmark of the day *you mail it* - not the day they receive it.

I would not email it - I would go to  the post office, UPS, FedEx or whatever they have in Mexico and mail a signed letter.

Do not expect help from these people - they will only delay the process until it is too late.

***By the time you hear from Profeco, it will be too late to rescind - don't wait to hear from them.


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## Hooper23 (Jun 12, 2017)

Thanks for clarifying that. Do I mail it to the resort or the address on the back of the contract, in Arizona, I believe.


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## theo (Jun 12, 2017)

Hooper23 said:


> Do I mail it to the resort or the address on the back of the contract, in Arizona, I believe.



You *should* have been provided, in hand, with very clear and specific instructions on your legal right to rescind and the exact process and address by which to do so, right at the time of contract execution. Look through every single piece of paper associated with this purchase. Find those instructions and follow them precisely. Any verbal conversations and / or email correspondence on this contract matter mean *absolutely nothing*.

The only verbal conversation you should have at this juncture is if you cannot find clear and specific hard copy rescission instructions in your paperwork, in which case (and *only* if so) you need to march back in and demand to be provided with those cancellation instructions, in writing, as required by law. Tick tock. Every day counts --- there are no "exemptions" or "extensions" for siestas, margueritas, travel time or weekends. If you snooze, you lose.


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## Hooper23 (Jun 12, 2017)

Thank you Theo for the information! I will look through everything again. I have not been able to find any information on rescission instructions in the paperwork we were given. I will keep looking! If no luck I will go back, I just know they will act like they don't have the information.


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## Karen G (Jun 12, 2017)

DeniseM said:


> Wow - personally, I would hate to go back into the lion's den.  My first choice would be to use a trackable delivery system in Mexico.


I agree that going back to the sales office isn't wise, but there have been others who have reported on the Pueblo Bonito Owners Facebook page that they were able to successfully rescind their purchase by doing so while still at Sunset Beach.  Also, on Profeco's website they say to notify the developer by email and certified mail.  I'd do both and not rely on just email.


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## Karen G (Jun 12, 2017)

Hooper23, by the time you get back to the US will you still be within  your five-day rescission period? The Profeco brochure says the rescission period is five business days so I believe Sunday doesn't count as one of the days but Saturday may--not sure about that.  Also, once you've submitted your letter be sure to contact your credit card company and dispute any charges. You might need to provide them with a copy of the rescission letter as well.


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## Hooper23 (Jun 12, 2017)

Karen, thanks for the info. I will be out of time by the time I get to the states. I have contacted my bank and it seems as though they are on the side of the scammers. I was told it is not a fraudulent charge since I gave permission for them to run my card. I plan to continue to dispute it when I return back to the US. I know other have said email doesn't work, but I did email Profeco, my bank, the sales company and the resort my rescission letter. I don't know what else to do other than go back up there and try to get them to sign it. Which is probably doubtful. I have requested to join the Facebook group, but no response yet. I only say the "unofficial" page.


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## Karen G (Jun 12, 2017)

Hooper23 said:


> Karen, thanks for the info. I will be out of time by the time I get to the states. I have contacted my bank and it seems as though they are on the side of the scammers. I was told it is not a fraudulent charge since I gave permission for them to run my card. I plan to continue to dispute it when I return back to the US. I know other have said email doesn't work, but I did email Profeco, my bank, the sales company and the resort my rescission letter. I don't know what else to do other than go back up there and try to get them to sign it. Which is probably doubtful. I have requested to join the Facebook group, but no response yet. I only say the "unofficial" page.


The unofficial Facebook page is the one I referred to. There's a great group of people there with a lot of good information.  Go ahead and send a written rescission by a trackable source--best if you can do it right there in Mexico. Maybe if you can find the local post office or Fedex or whatever. Keep trying to get someone at the resort to accept your rescission letter and sign for it. I think there's a business center where you can use their computers to print out your letter. People on the Facebook page have reported they have done so.


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## Karen G (Jun 12, 2017)

Others here on TUG have reported that some credit card providers have a 10-day rescission period on timeshare purchases. I'll look back and see if I can find it.


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## Hooper23 (Jun 12, 2017)

By chance is there anyone on here that can accept me into the Facebook group? My goal is to talk to talk to someone who has gone through the process and been successful. I saw a post from March in here wher someone was able to get help from someone from the Facebook group and seemed to be successful. I sent a message to that person, but no response yet.!


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## Passepartout (Jun 12, 2017)

The Mexican Post Office, called CORREO will be open today and they have an equivalent to Certified mail that provides tracking and delivery notification. I'd send it to BOTH addresses. Include COPIES (not originals) of the signature pages of your contract (they can copy stuff at the Correo), and BE SURE all signers of the contract sign the rescission letter. Then you can go back to enjoying your vacation. 

We wish you'd found TUG before you went to Mexico as well!

Jim


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## Karen G (Jun 12, 2017)

Hooper23 said:


> By chance is there anyone on here that can accept me into the Facebook group? My goal is to talk to talk to someone who has gone through the process and been successful. I saw a post from March in here wher someone was able to get help from someone from the Facebook group and seemed to be successful. I sent a message to that person, but no response yet.!


I don't know if any of the admins for the Facebook page are regular TUG contributors, but I've moved this entire thread to the Mexico forum where hopefully more folks with Pueblo Bonito Sunset Beach experience might find it.


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## Hooper23 (Jun 12, 2017)

Jim what addresses are you referring to, the resort and the address in Arizona?


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## Hooper23 (Jun 12, 2017)

I tried to get in contact with nano_7 to see if they had any luck. Does anyone know?


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## Passepartout (Jun 12, 2017)

Hooper23 said:


> Jim what addresses are you referring to, the resort and the address in Arizona?


It's unlikely that the business office is at the resort. So barring a corporate Mexican address, my guess (and that's what it is) is that such things as rescission, billing of MF, mailing of notices and booking of vacations (y'know, BUSINESS stuff) is probably done at the Arizona address.


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## DeniseM (Jun 12, 2017)

Hooper23 - I understand that this is confusing, and you are trying to get more info, but at this point, your primary focus should be getting your 2 letters in the mail *ASAP*.  

If you find another address later, you can send another letter,* but you shouldn't delay while you wait for more info.*

-Use the mailing method that Passepartout recommended:  (The Mexican Post Office, called CORREO)
-Get a tracking receipt
-Send letters to both addresses (Mexico and Arizona)
-Include a copy of the main page of the contract.
-Keep copies of the letters

Sample rescission letter:

_Gentlemen:  

Regarding contract "123" for purchase of a timeshare at "ABC" resort. We are exercising our legal right to cancel this contract. We expect a full refund of our deposit of "$123." Do not make any additional charges to my credit card. Please confirm my legal rescission in writing.

Sincerely,

John Husband
Jane Wife​_


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## Hooper23 (Jun 12, 2017)

Thank you Denise. What address in Mexico. There is no recitation info in our contract. The address in AZ is for ICE/OVC. Is that the right place to send it to. That's the only address on the contract.


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## Hooper23 (Jun 12, 2017)

Rescission*


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## Karen G (Jun 12, 2017)

Hooper23 said:


> Thank you Denise. What address in Mexico. There is no recitation info in our contract. The address in AZ is for ICE/OVC. Is that the right place to send it to. That's the only address on the contract.


I just googled the address for Sunset Beach and it is Predio Paraiso Escondido S/N, Col. Centro, Centro, 23450 Cabo San Lucas, B.C.S., Mexico.  I'm not sure to whom it should be addressed. Is there a name or title of the developer on your contract?

I agree that you need to get your letters sent and postmarked today if this is your fifth day.

Also, I'm not sure the ICE/OVC is the correct one but it wouldn't hurt to send them a copy, too.


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## DeniseM (Jun 12, 2017)

Hooper23 - In your earlier post, you asked if you should send it to the resort address, or the address in Arizona.  If you are in doubt, the safest thing to do is to send it to both addresses.  There is no harm in sending two letters - the important thing is getting it done promptly.


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## Karen G (Jun 12, 2017)

There is an office in Phoenix that services the payment of annual maintenance fees. I don't know that they would have anything to do with the rescission but their address is this:
Concord Servicing Corp. 
PO Box 29352
Phoenix, AZ 85038-9352

Does that match the address you have for ICE/OVC?


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## Hooper23 (Jun 12, 2017)

Thank you Karen and Denise. I will
mail the info to both the resort (Sunset) and the address on the contract in Arizona today. We are staying at one of Pueblo Bonito's other sites, just wanted to make sure I send it to the correct location.


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## Hooper23 (Jun 12, 2017)

No the address on the contract is 
15501 N Dial Blvd.
Scottsdale, AZ 85260


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## Hooper23 (Jun 12, 2017)

However, when I went to the website the address was different. Still in Scottsdale though.


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## DeniseM (Jun 12, 2017)

Hooper23 - use the AZ address on the contract.  You are over-thinking this.


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## Hooper23 (Jun 12, 2017)

Thank you Denise. I'm sure I am. I just so dissappointed that I fell for the scam.


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## Passepartout (Jun 12, 2017)

Don't beat yourself up. There'll be time for celebration when the credit hits your credit card (incidentally, that can take up to 45 stress-inducing days). For now, get thee to the Correo and get those letters in  the mail. Then go get a margarita or two.

Jim


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## DeniseM (Jun 12, 2017)

> Thank you Denise. I'm sure I am. I just so dissappointed that I fell for the scam.



I agree with Jim - Timeshare sales people (especially those in Mexico) are weasels.  They intentionally lie to people all day.  Many Tuggers (including me) bought from the developer the first time.  

Fortunately, you can still rescind - get it done and you will feel better.

One more point.  If you used a credit card, send a copy of the letter to your credit card company along with instructions that you have cancelled the purchase, and the resort cannot submit any more charges to your credit card.   This can be done after you get home.


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## Hooper23 (Jun 12, 2017)

Thank you everyone!! I have spoken to the bank several times seems to be a waiting game. Received an email back from Profeco, but doesn't seem like they can do anything until we mail the letters. Getting everything printed off now then heading the the CORREO. Thanks again!


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## Passepartout (Jun 12, 2017)

After you have the proof of the mailing safely in hand, PROFECO will likely send a follow-up letter to the Mexican address (which they surely have) to show that they are on the case as well. I'm not as concerned since the Mexican resort is Pueblo Bonito rather than some of the lesser players in the game. My feeling is that PB is more honorable, and that even though their product is overpriced (all timeshares- even U.S. ones are), they will honor your rescission and not play games.

Sorry you had to take time from your vacation that you surely had intended for relaxation and enjoyment to deal with a mis-step. One thing it sure- You'll remember it.

Jim


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## MuranoJo (Jun 13, 2017)

Given the description of what has happened here, I'm not so sure PB is more honorable than any other t/s system.  US, MX, or anywhere.  I've been around on this BBS for years, and I've seen these shenanigams from most all t/s programs, WW.

I'd bet the rescission instructions were in the PB contract all along--though they perhaps weren't called "rescission instructions."


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## Hooper23 (Jun 13, 2017)

I've read through the contract and every other document I received multiple times, went to talk to staff at the resort, and tried to pull up the company website. There is nothing. My guess is they have started putting it the packet they mail to you so by the time it is received it is to late to do anything about it. I agree! I no longer think any resort and/or company is above this behavior. I am completely disappointed about this!


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## Passepartout (Jun 13, 2017)

Hooper23 said:


> I've read through the contract. . . . .There is nothing. . . . .I no longer think any resort and/or company is above this behavior.


We simply don't know what level of disclosure is required on Mexican contracts. It may be that they can somehow omit that information. We know that Mexican LAW requires a 5-day cooling-off period, it's the notification that's lacking. American developers don't exactly stress the cooling-off period either. They're supposed to, and it's probably on one of those myriad of blanks you initial to indicate you were told, but after hours and hours of high pressure and multiple layers of salesweasels, it's understandable that all the mark wants is to be outta there and unwind.

Jim


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## Hooper23 (Jun 13, 2017)

Thanks Jim! I have emailed and mailed documents and plan to go by tomorrow to try to get the paper signed. It is clear that they have received the rescission because they have been calling.


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## Passepartout (Jun 13, 2017)

Yeah, they do that when they're trying to save the sale. Hope you didn't answer. We unplug the phones. Nobody you want to talk to will call on  the resort phone anyway. I'd not go there if it was me. The letter has done it's magic and those weasels are taught how to counter ANY argument you have for why you should rescind.  Don't be glutton for punishment.


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## dioxide45 (Jun 14, 2017)

Hooper23 said:


> Thanks Jim! I have emailed and mailed documents and plan to go by tomorrow to try to get the paper signed. It is clear that they have received the rescission because they have been calling.


There is no need to go and get the copy signed. If you put yourself out there again, their goal will be to get you to change your mind. If you are sure you have done what you need to do to rescind, ignore them going forward.


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## Hooper23 (Jun 14, 2017)

Thank you dioxide45.


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## Hooper23 (Jun 14, 2017)

Unfortunately, I can't be sure due to not being given anything about rescission either in writing or verbally. In fact everything says "non cancelable" and "non refundable" which I now know is not true thanks to this group! Everyone has been extremely helpful!!


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## NiteMaire (Jun 14, 2017)

Hooper23 said:


> Unfortunately, I can't be sure due to not being given anything about rescission either in writing or verbally. In fact everything says "non cancelable" and "non refundable" which I now know is not true thanks to this group! Everyone has been extremely helpful!!


Either my eyes deceive me or you just posted in triplicate. We're not the TS company...we received the first copy and have acknowledged it  

Sent from my SAMSUNG-SM-N910A using Tapatalk


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## Hooper23 (Jun 14, 2017)

LOL @ nightmare. Not sure how that happened.


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## Karen G (Jun 14, 2017)

Hooper23 said:


> LOL @ nightmare. Not sure how that happened.


I'm not sure either, but I've deleted the duplicates.


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## Hooper23 (Jun 14, 2017)

Thank you Karen G.


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## dioxide45 (Jun 14, 2017)

If they are calling you all of a sudden now, it isn't because they want to chat. They have other people they would rather be trying to sell to than to talk it up with someone they already sold to. They are calling because they know you are backing out and they want to change their mind.


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## Hooper23 (Jun 14, 2017)

I'm sure! Once I texted and emailed back that I still am canceling, I received  no response.


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## Hooper23 (Jun 29, 2017)

Thank you everyone for all your help, just wanted to follow up and let you know that the cancellation was successful. I appreciate all the help while going through the process.


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## TUGBrian (Jun 29, 2017)

glad to hear of your happy result!


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## skeptastic (Jul 25, 2019)

Hello all! Sorry to revive such an old thread, but I am in a similar situation with he exact same company and have a simple question before sending my rescission letter off. I hope you all can help give me peace of mind.

It is extremely difficult to find any addresses in the paperwork provided to me, as you all have mentioned is typical. I did manage to find one address in both the finance agreement and membership agreement, and another in the Preferred application (ICE/OVC address), but am unsure whether sending to these addresses will result in reaching the right department to complete the contract cancellation. The address listed in two separate agreements is written slightly different, which also concerns me bit. I'll list the addresses below and maybe someone can confirm whether sending here would be wise, or if I should send to the address listed on PB's website for the Sunset Beach resort.

Preferred Application:

7720 N Dobson Rd
Scottsdale, AZ 85256


Membership Agreement:

Domicilio Conocido SN Centro, Cabo San Lucas, Baja California Sur, 23450, Mexico


Finance Agreement:

Domicilio Conocido SN, Centro, Cabo San Lucas, Baja California Sur, CP 23450


Pueblo Bonito Sunset Beach:

Predio Paraíso Escondido, Cabo San Lucas, BCS, 23450, Mexico


Apologies for the lengthy post and for being a worry wart. We just want to make sure we go through the proper procedure to get this thing canceled and a refund issued. Is it necessary to send a letter to Profeco as well? I read in a different thread on this website that alerting Profeco can sometimes cause the timeshare company to move slowly, as they don't like dealing with Profeco. I am sure notifying them only helps in the long-run. Just checking to make sure we're going about everything properly. I do understand that any letters mailed should be done via CMRR, which we will do. Once we know which addresses we should send to, we will get these in the mail immediately. We signed on 7/23/2019 and are thus two days into our rescission period.

Thank you for your help and I hope you are all well and enjoying life!


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## Karen G (Jul 25, 2019)

skeptastic said:


> Hello all! Sorry to revive such an old thread, but I am in a similar situation with he exact same company and have a simple question before sending my rescission letter off. I hope you all can help give me peace of mind.


 I just looked at the Facebook page for Pueblo Bonito owners and found some info that might be helpful. There was a document with contact info for the member services dept. at Sunset Beach:
Marisol García
Pueblo Bonito Resorts
511 E. San Ysidro Blvd. C 570 
San Ysidro, CA 92173 USA

Questions: marisol.garcia@pueblobonito.com.mx
Tel. 011 52 624 142 9999 ext. # 8603 US Toll free number 844 726 3623

Now this info was from a document posted in January so  Marisol Garcia may or may not still be in that dept. but it would be worth a call or email to make contact. She could advise on the best address to send your rescission letter.

If you do make contact and the addresses and emails are correct, please post here again to help others in your situation.


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## skeptastic (Jul 25, 2019)

Karen G said:


> I just looked at the Facebook page for Pueblo Bonito owners and found some info that might be helpful. There was a document with contact info for the member services dept. at Sunset Beach:
> Marisol García
> Pueblo Bonito Resorts
> 511 E. San Ysidro Blvd. C 570
> ...



Thank you kindly for your help! I will contact Marisol and/or this office and report back with my findings. I found an email listed by a member in another thread that you started in January, for an Alahandra at the tourist office in Cabo, and another email listed on the cabo tourist center home page. I just sent an email to both of those addresses, explaining our situation and attempting to get confirmation of address/email to send the letter to. I also asked which document, if any, should accompany our rescission letter. Wasn't sure if any parts of the agreement should be copied and included. If you're aware of anything in that regard, I'd be so grateful for your insight! Thank you again!


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## skeptastic (Jul 25, 2019)

I just sent off an email and left a voicemail for Marisol. I was unable to dial her extension directly, but was transferred to her voicemail when I asked for her. This leads me to believe she is still working in that office, although the voicemail prompt did not mention her name, nor did she have a formal voicemail message with her own voice. Hopefully, I am able to hear back from her relatively soon. In the meantime, I will call that office back and see if there is someone else who can assist me. Thanks again!


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## Karen G (Jul 25, 2019)

skeptastic said:


> I also asked which document, if any, should accompany our rescission letter. Wasn't sure if any parts of the agreement should be copied and included. If you're aware of anything in that regard, I'd be so grateful for your insight! Thank you again!


Your rescission letter can be just a simple statement that you wish to exercise your legal right to rescind your purchase agreement dated xxx. Be sure that everyone who signed the contract also signs the rescission letter. You could include a copy of the first page of your purchase agreement that shows the date, what you purchased, and your signatures.


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## Karen G (Jul 25, 2019)

Be sure to watch your timing. Mexican law gives five business days after you purchase in which to rescind. If you don't hear back from anyone at Sunset Beach go ahead and send your rescission letter to all the addresses you have anyway. Send them certified mail so that you have receipts from the post office showing that you rescinded in time.  It isn't really necessary to send them return receipt--the date you mail your letter is the key date, not when they receive the letter.

You can keep trying to reach someone by phone or email but get those letters mailed within the five business days to establish that you did rescind in time.


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## skeptastic (Jul 25, 2019)

Karen G said:


> Your rescission letter can be just a simple statement that you wish to exercise your legal right to rescind your purchase agreement dated xxx. Be sure that everyone who signed the contract also signs the rescission letter. You could include a copy of the first page of your purchase agreement that shows the date, what you purchased, and your signatures.



The copies of the agreements we signed do not have our signatures on them. We got copies without signatures. Hope that isn't a problem. : (

Our hard signatures are on the Preferred Application, but not the finance or membership agreement.


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## Karen G (Jul 25, 2019)

skeptastic said:


> The copies of the agreements we signed do not have our signatures on them. We got copies without signatures. Hope that isn't a problem. : (
> 
> Our hard signatures are on the Preferred Application, but not the finance or membership agreement.


Probably not a problem--you could include or not include copies of any of the documents. The main thing is get that letter mailed--your names, dates of purchase, and what you purchased are the biggies.


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## skeptastic (Jul 25, 2019)

Karen G said:


> Be sure to watch your timing. Mexican law gives five business days after you purchase in which to rescind. If you don't hear back from anyone at Sunset Beach go ahead and send your rescission letter to all the addresses you have anyway. Send them certified mail so that you have receipts from the post office showing that you rescinded in time.  It isn't really necessary to send them return receipt--the date you mail your letter is the key date, not when they receive the letter.
> 
> You can keep trying to reach someone by phone or email but get those letters mailed within the five business days to establish that you did rescind in time.



Absolutely! My plan was always to get as much info as possible today, but get the letters out no later than tomorrow. In the end, sending to four addresses cannot hurt, it'll just cost a bit more than sending to one address. 

Do I need to send to Profeco as well? Difficult to find an address or email address for them. And lastly, you're saying it is not necessary to send with a return receipt, just certified mail? How will I ensure they've received it? Thanks again for all of your help!


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## skeptastic (Jul 25, 2019)

Karen G said:


> Probably not a problem--you could include or not include copies of any of the documents. The main thing is get that letter mailed--your names, dates of purchase, and what you purchased are the biggies.



Okay great. How should I specify what we purchased in the letter? This is what I have so far:

Contract Number:

Name on Contract/Member Name

Date of Contract: July 23, 2019

To Whom It May Concern:

Please accept this letter as notice that we would like to cancel our contract (number 30-******), which was activated on July 23, 2019. Today is July 25, 2019. We are within the 5 business day rescission period that is given to us under Mexican law to cancel this contract without penalty. The law also states that you are to refund us the full amount of the deposit, without penalty, within 15 days. The deposit was taken out of our credit card account using our Capital One Mastercard. There were 2 separate charges made – one for $1071.00 United States dollars, and the other for $139.00 United States dollars, for a total of $1210.00 United States dollars.

I basically copied the template used by Hooper23 earlier in this thread, changing dates and amounts of course. I did not include the portion Hooper23 did regarding Profeco, as I have not yet been in contact with them. That is what is holding up me finishing the letter, though I definitely do not plan to wait to hear from them to send the letter. Please feel free to advise if I am missing anything from the letter, and/or if I should just include the front page of the agreement as a means of showing what we purchased.

As always, your help is so appreciated!


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## Karen G (Jul 25, 2019)

Your letter looks great. You've covered all the pertinent facts and it looks good to go.  By having the contract number they can easily see what you purchased.


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## Karen G (Jul 25, 2019)

skeptastic said:


> How will I ensure they've received it? Thanks again for all of your help!


It's not your problem. You'll have proof you mailed it in time. If you then need to deal with your credit card company to get your refund, you'll have your letter and proof of mailing.  If Pueblo Bonito contacts you, you'll have your letter and proof of mailing it in time.

Also, if you come across any good way to contact Profeco, please let me know.  They have changed their website to all in Spanish and I've tried to contact them several times to get an English version--all to no avail.


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## skeptastic (Jul 25, 2019)

Karen G said:


> Your letter looks great. You've covered all the pertinent facts and it looks good to go.  By having the contract number they can easily see what you purchased.



Fantastic, thank you! So, no need to include the cover page of the agreement? Might be a good idea even if not necessary. Let me know what you think. You're great!


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## skeptastic (Jul 25, 2019)

Karen G said:


> It's not your problem. You'll have proof you mailed it in time. If you then need to deal with your credit card company to get your refund, you'll have your letter and proof of mailing.  If Pueblo Bonito contacts you, you'll have your letter and proof of mailing it in time.
> 
> Also, if you come across any good way to contact Profeco, please let me know.  They have changed their website to all in Spanish and I've tried to contact them several times to get an English version--all to no avail.



Okay great. That makes sense. If they don't receive it, proof that it was mailed within the rescission period means that I will simply have to furnish it again, should they state that they never received it. The letter(s) with date stamp is all that that is needed. Perfect! 

I did discover that if you use Chrome as your browser and go to the Profeco website, you will immediately be prompted and asked if you'd like to translate the entire site into English. I deleted this option and it worked like a charm. Even then, however, I had a terrible time navigating their website and finding contact information. Give Google Chrome a try and let us know if you find worthy contact info!


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## skeptastic (Jul 25, 2019)

Updated Letter:


Contract Number:

Name on Contract/Member Name:

Date of Contract:


To Whom It May Concern:


Please accept this letter as notice that we would like to cancel our contract (number 30-******), which was activated on July 23, 2019. Today is July 25, 2019. We are within the 5 business day rescission period that is given to us under Mexican law to cancel this contract without penalty. The law also states that you are to refund us the full amount of the deposit, without penalty, within 15 days. The deposit was taken out of our credit card account using our Capital One Mastercard. There were 2 separate charges made – one for $1071.00 United States dollars, and the other for $139.00 United States dollars, for a total of $1210.00 United States dollars. We will also be mailing a certified copy of this letter to Profeco. Thank you for your time and the prompt cancellation of the contract referenced above.


With Thanks,



Look good enough to be a final version, or should I perhaps leave out the Profeco letter piece, as I don't currently have an address to send anything to Profeco? Just don't want to make a mistake. Thank you!


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## Karen G (Jul 25, 2019)

skeptastic said:


> Look good enough to be a final version, or should I perhaps leave out the Profeco letter piece, as I don't currently have an address to send anything to Profeco? Just don't want to make a mistake. Thank you!


It looks great to me & I think I'd leave in the Profeco notation. Then if you later need to notify Profeco you can do so.

Be sure that everyone who signed the contract signs the letter.


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## skeptastic (Jul 25, 2019)

Karen G said:


> It looks great to me & I think I'd leave in the Profeco notation. Then if you later need to notify Profeco you can do so.
> 
> Be sure that everyone who signed the contract signs the letter.



Great! Thank you! Will it not be a problem that I didn't send a letter to Profeco within 5 days? I'm guessing no, since I will have proof os sending to the leasing agent within 5 days of purchase.


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## skeptastic (Jul 25, 2019)

Would it be unwise to balance transfer or pay off the amount to be refunded so that I don't accrue any interest while waiting on a refund? I know the certified mail route could take months, and I'd rather not pay any interest since I usually pay off my credit cards in pull after the statement posts. Just not sure if paying off the balance to be refunded will cause confusion. Thanks for any insight!


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## TheTimeTraveler (Jul 25, 2019)

skeptastic said:


> I just sent off an email and left a voicemail for Marisol. I was unable to dial her extension directly, but was transferred to her voicemail when I asked for her. This leads me to believe she is still working in that office, although the voicemail prompt did not mention her name, nor did she have a formal voicemail message with her own voice. Hopefully, I am able to hear back from her relatively soon. In the meantime, I will call that office back and see if there is someone else who can assist me. Thanks again!





Don't try to do any of this verbally.... put it in writing and MAIL it off within the allowed rescission time frame.  Email is NOT sufficient legal notice.

Speaking with them will only delay everything, and could turn into a sales call as they try to talk you out of rescinding at all.





.


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## Grammarhero (Jul 25, 2019)

skeptastic said:


> Hello all! Sorry to revive such an old thread, but I am in a similar situation with he exact same company and have a simple question before sending my rescission letter off. I hope you all can help give me peace of mind.
> 
> It is extremely difficult to find any addresses in the paperwork provided to me, as you all have mentioned is typical. I did manage to find one address in both the finance agreement and membership agreement, and another in the Preferred application (ICE/OVC address), but am unsure whether sending to these addresses will result in reaching the right department to complete the contract cancellation. The address listed in two separate agreements is written slightly different, which also concerns me bit. I'll list the addresses below and maybe someone can confirm whether sending here would be wise, or if I should send to the address listed on PB's website for the Sunset Beach resort.
> 
> ...



Glad you found us in time.  Read TUG to see if TS is for you.  Generally, TS great for people who can book 6-10 months in advance and stick to those dates.

Mind sharing with us how much you saved with rescission?


Sent from my iPhone using Tapatalk


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## Karen G (Jul 25, 2019)

[


skeptastic said:


> Would it be unwise to balance transfer or pay off the amount to be refunded so that I don't accrue any interest while waiting on a refund? I know the certified mail route could take months, and I'd rather not pay any interest since I usually pay off my credit cards in pull after the statement posts. Just not sure if paying off the balance to be refunded will cause confusion. Thanks for any insight!



Did you send letters to the U.S. addresses? Hopefully they won't take long to get to the U.S. addresses.

I know the purpose of contacting Marisol by email was to verify that you had the correct address for the member services dept. Even if you don't hear back from her, one of your rescission letters could certainly be sent to that U.S. address and just send it to  Pueblo Bonito Member Services without a name.

I'd wait as long as you can before paying off the credit card balances in case you have to dispute the charges.


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## skeptastic (Jul 25, 2019)

TheTimeTraveler said:


> Don't try to do any of this verbally.... put it in writing and MAIL it off within the allowed rescission time frame.  Email is NOT sufficient legal notice.
> 
> Speaking with them will only delay everything, and could turn into a sales call as they try to talk you out of rescinding at all.
> 
> ...




I was only calling her (member services) to get the correct address of the four or so that I have on various agreement forms. Wasn't going to be discussing any details with her at all. She either has an address for me, or not. In the end, I'm likely going to be sending letters to several addresses to cover my bases. Appreciate your input, though.


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## skeptastic (Jul 25, 2019)

Grammarhero said:


> Glad you found us in time.  Read TUG to see if TS is for you.  Generally, TS great for people who can book 6-10 months in advance and stick to those dates.
> 
> Mind sharing with us how much you saved with rescission?
> 
> ...



Thanks! I haven't even sent the letters yet so I haven't had the rescission take place, nor have I looked into buying a real TS. I'll keep everyone updated once things are finalized, though!


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## skeptastic (Jul 25, 2019)

Karen G said:


> [
> 
> 
> Did you send letters to the U.S. addresses? Hopefully they won't take long to get to the U.S. addresses.
> ...



Hey there! I waited today to see if I'd hear back and get an address from Marisol, but did not. So, I will be mailing off letters to several addresses tomorrow. 

Are you saying that I should send a letter to the address you provided for Marisol, or the U.S. address listed on the Preferred Application in Arizona? And what did you mean by "without a name"?

I am afraid to wait to pay off the balances, as I hate accruing interest. But if paying the balance off will prevent me from getting a refund or disputing the charges in the event that something goes wrong on the refund end, it would be better to wait.


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## Karen G (Jul 26, 2019)

skeptastic said:


> Are you saying that I should send a letter to the address you provided for Marisol, or the U.S. address listed on the Preferred Application in Arizona? And what did you mean by "without a name"?


Yes, I'd send a letter to both the U.S. addresses you have--the Preferred Application and the one for Marisol. I believe Marisol works in the Member Services Dept., but in case she's not there anymore, you want the letter to go to the Member Services Dept.  If you address it to Marisol and she's in some other dept. or has left the company, the letter could get shuffled around and never get to the right place.  Also send a letter to the Mexico address on the paperwork you have.


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## skeptastic (Jul 26, 2019)

Karen G said:


> Yes, I'd send a letter to both the U.S. addresses you have--the Preferred Application and the one for Marisol. I believe Marisol works in the Member Services Dept., but in case she's not there anymore, you want the letter to go to the Member Services Dept.  If you address it to Marisol and she's in some other dept. or has left the company, the letter could get shuffled around and never get to the right place.  Also send a letter to the Mexico address on the paperwork you have.



I think I will send to the Arizona address, Member Services, one of the two on the agreement that has two variations of the same address, and the general Sunset Beach address (Predio Paraíso Escondido...). Does that seem like overkill? And send via USPS certified mail, not registered mail, correct?

Doesn't seem like it'll cost much more than around $4 to either Mexico or the U.S. The only issue I see is that to Mexico, USPS does not list the option of sending via certified mail, but rather, via certificate of mailing. I figured this was the same until I got a quote on the domestic pricing and saw both certificate of mailing and certified mail as options. Gonna google and find out the difference, but am now wondering how to send certified for sure to Mexico and pricing.

EDIT: Looks like certified mail is only possible to U.S. addresses. Certificate of mailing is the only option for international shipping. Certified mail shows proof of sending and proof of delivery. Certificate of mailing shows only proof of sending. Since it sounds like I only need proof of sending, certificate of mailing should be fine, I take it?

Thanks again for all of this help and insight. It means a lot.


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## skeptastic (Jul 26, 2019)

Heading out to the post office now. 

Needs to be USPS and not Pakmail (which states they are the same), correct?

Is certificate of mailing okay (proof of sending), or does it need to be certified mail (proof of sending and delivery)?


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## skeptastic (Jul 26, 2019)

Grammarhero said:


> Mind sharing with us how much you saved with rescission?




I just realized that you're likely asking how much we stood to lose if no rescission was completed. So sorry for the misunderstanding! Our contract, including all costs, was $7280.00 on the dot. Huge savings to be had here! Thanks for asking!


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## Karen G (Jul 26, 2019)

skeptastic said:


> Heading out to the post office now.
> 
> Needs to be USPS and not Pakmail (which states they are the same), correct?
> 
> Is certificate of mailing okay (proof of sending), or does it need to be certified mail (proof of sending and delivery)?


Yes, USPS is best. If certificate of mailing is all that is available to you to prove you mailed your rescission letter to Mexico, then
that should work.  Certified mail is best for U.S. addresses.


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## skeptastic (Jul 26, 2019)

One more concern here. I am reading the contract and under the "Contract Rescission" section, there is zero info on executing a rescission as it pertains to the 5-day Mexican law. I am not worried about this, as in reading I became aware that PB often does not include a how-to for rescission in their contract. 

On the other hand, the next section, "Termination", also does not give 5-day law as a reason to terminate the agreement. In other words, PB offers no guidelines that would lead one to believe that rescission is possible under 5-day law. 

All of that is background info. My concern is that, in the "Termination" section, it is stated that:

"This agreement may be terminated with no penalty for either party, in any of the following events:

1. By expiration of the terms of this agreement, if the member decides not to elect the corresponding extension.
2. In case of death of the member, if his/her beneficiaries decide not to continue with this agreement.

The termination of this agreement shall be in writing and delivered either to:

(I) the place where this agreement was signed,
(II) the address of Pueblo Bonito, established in the section of representations of this agreement,
(III) the address established by Pueblo Bonito in the information package delivered t the member on the date this agreement is signed,
or (IV) by registered mail."

Now, it does go on to say that the termination date will be based on date of mailing as postmarked. My concern is that although these termination grounds do not cover the reason or method being employed (5-day rescission law), do the stipulations provided hold up? In other words, do I need to send via registered mail instead of certified or certificate of mailing? Also, should I just send to the address established in the representations section of the agreement (Domicilio Conocido SN Centro, Cabo San Lucas, Baja California Sur, 23450, Mexico)?

Hoping to hear back from someone regarding my last few questions. It may save me some cash to know I only need to send to the address listed in the representations section, as well as the U.S. addresses provided. Also, it will certainly cost a lot more to send via registered mail than to send with a certificate of mailing. Because these stipulations are for termination and not rescission, I am unsure as to whether I need to worry about them. My plan is to go mail them with a certificate of mailing and ensure there is tracking provided. If I need to send via registered mail, I'm hoping someone can confirm this soon. Lastly, just need to make sure certificate of mailing is fine, as certified mail is not an option with international shipping via USPS.

Thanks!


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## skeptastic (Jul 26, 2019)

Karen G said:


> Yes, USPS is best. If certificate of mailing is all that is available to you to prove you mailed your rescission letter to Mexico, then
> that should work.  Certified mail is best for U.S. addresses.



Thank you! You beat me to it. I just re-asked in my most recent post regarding the contract language I spotted.


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## Karen G (Jul 26, 2019)

Termination and rescission are essentially the same in the five days after you sign the agreement. You are terminating the agreement within the five-day rescission period per Mexican law.  Don't over think this. Just mail the letters to all the known addresses you have. Get your receipts for certified mail and/or certificate of mailing and keep them along with copies of the letter you sent.  Then relax and wait.  If you have to you can dispute the charges with your credit card provider giving them proof that you complied with Mexican law by notifying the seller within the five-day rescission period, but hold off on disputing the charges for awhile to see if you get any response from Pueblo Bonito. They may not contact you but they are required by law to refund what you paid them.


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## skeptastic (Jul 26, 2019)

Karen G said:


> Termination and rescission are essentially the same in the five days after you sign the agreement. You are terminating the agreement within the five-day rescission period per Mexican law.  Don't over think this. Just mail the letters to all the known addresses you have. Get your receipts for certified mail and/or certificate of mailing and keep them along with copies of the letter you sent.  Then relax and wait.  If you have to you can dispute the charges with your credit card provider giving them proof that you complied with Mexican law by notifying the seller within the five-day rescission period.



Perfect! Thank you again for all of your help. Heading out to the post office in a matter of minutes!


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## TheTimeTraveler (Jul 26, 2019)

skeptastic said:


> Perfect! Thank you again for all of your help. Heading out to the post office in a matter of minutes!






If you are sending a rescission letter outside of the United States then you want to be sure to send it via REGISTERED MAIL.

Certified Mail in the USA, and Registered Mail outside of the USA.

Best of luck!




.


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## skeptastic (Jul 26, 2019)

TheTimeTraveler said:


> If you are sending a rescission letter outside of the United States then you want to be sure to send it via REGISTERED MAIL.
> 
> Certified Mail in the USA, and Registered Mail outside of the USA.
> 
> ...



Do you mind explaining why registered mail would be the way to go internationally? Can anyone else chime in on this? I sent them off today with a certificate of mailing. Not sure why registered would be necessary, but would love to hear varying perspectives. I could always send again tomorrow, via registered mail, but want to make sure this is necessary before spending more money. Thanks for your input and help!


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## Grammarhero (Jul 27, 2019)

skeptastic said:


> Do you mind explaining why registered mail would be the way to go internationally? Can anyone else chime in on this? I sent them off today with a certificate of mailing. Not sure why registered would be necessary, but would love to hear varying perspectives. I could always send again tomorrow, via registered mail, but want to make sure this is necessary before spending more money. Thanks for your input and help!



A certificate of mailing does not provide evidence that the mail was delivered.  USPS doesn’t even track certificates of mailing.  In most court cases, certificates of mailing aren’t even automatically admissible without an affidavit attesting and connecting said mailing to the certificate of mailing.
https://www.experts.com/Articles/Ce...f-Delivery-Whats-The-Difference-By-Peter-Wade


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## skeptastic (Jul 27, 2019)

Grammarhero said:


> A certificate of mailing does not provide evidence that the mail was delivered.  USPS doesn’t even track certificates of mailing.  In most court cases, certificates of mailing aren’t even automatically admissible without an affidavit attesting and connecting said mailing to the certificate of mailing.
> https://www.experts.com/Articles/Ce...f-Delivery-Whats-The-Difference-By-Peter-Wade



Thank you! I will send via registered mail as soon as I leave work this morning. I know I technically have until Monday since Sunday’s aren’t business days, but I am taking no chances. Signed on July 23rd so today is day 4. The letters sent to U.S. addresses were sent via verified mail, so I just need to resend to the international addresses. 

I appreciate the help! You guys are awesome! 

Is it important that I change the date on my rescission letter to reflect today’s date since I am mailing today, or is that a non-factor?


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## Grammarhero (Jul 27, 2019)

skeptastic said:


> Thank you! I will send via registered mail as soon as I leave work this morning. I know I technically have until Monday since Sunday’s aren’t business days, but I am taking no chances. Signed on July 23rd so today is day 4. The letters sent to U.S. addresses were sent via verified mail, so I just need to resend to the international addresses.
> 
> I appreciate the help! You guys are awesome!
> 
> Is it important that I change the date on my rescission letter to reflect today’s date since I am mailing today, or is that a non-factor?



Yes.  Better to change date to today to have your bases covered.  You are doing the right thing for you and your family by rescinding.


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## skeptastic (Jul 27, 2019)

Grammarhero said:


> Yes.  Better to change date to today to have your bases covered.  You are doing the right thing for you and your family by rescinding.



Okay great! Thanks again!

Do you think it’s important to do a return receipt? I’ve heard it isn’t necessary since certified mail and registered mail come with tracking.


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## Grammarhero (Jul 27, 2019)

skeptastic said:


> Okay great! Thanks again!
> 
> Do you think it’s important to do a return receipt? I’ve heard it isn’t necessary since certified mail and registered mail come with tracking.


Not necessary.  That’s needless.


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## skeptastic (Jul 27, 2019)

Grammarhero said:


> Not necessary.  That’s needless.



You’re the best! Will send via registered today and finally have peace of mind, haha!


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## Karen G (Jul 27, 2019)

Grammarhero said:


> A certificate of mailing does not provide evidence that the mail was delivered.  USPS doesn’t even track certificates of mailing.  In most court cases, certificates of mailing aren’t even automatically admissible without an affidavit attesting and connecting said mailing to the certificate of mailing.
> https://www.experts.com/Articles/Ce...f-Delivery-Whats-The-Difference-By-Peter-Wade


Very interesting article. Thanks for posting.


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## Grammarhero (Jul 27, 2019)

Karen G said:


> Very interesting article. Thanks for posting.



To put into more detail, a certificate of mailing attempted to be introduced as evidence could be objected as hearsay and lacking foundation.  There needs to be a separate affidavit attesting and connecting the certificate of mailing to actual mailing, as to establish foundation. Or...

One could just sent a registered mailed to a foreign address, which is rather self-authenticating and qualifies as the ordinary course of business exception to hearsay.


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## Karen G (Jul 27, 2019)

Grammarhero said:


> To put into more detail, a certificate of mailing attempted to be introduced as evidence could be objected as hearsay and lacking foundation.  There needs to be a separate affidavit attesting and connect certificate of mailing to actual mailing, as to establish foundation. Or...
> 
> One could just sent a registered mailed to a foreign address, which is rather self-authenticating and qualifies as the ordinary course of business exception to hearsay.


Grammarhero, you sound like a lawyer!


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## skeptastic (Jul 27, 2019)

Got the international letters sent off via registered mail today. Let the waiting game begin!


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## skeptastic (Jul 27, 2019)

Should I send an email to the address listed on this site for Pueblo Bonito Sunset Beach Resort & Spa? I currently see: sunset.members@pueblobonito.com.mx

I read something about Profeco recommending mailing and emailing of the rescission letter. I couldn't find an appropriate email or get in contact with anyone from the right department, so I figure this email is my best shot, if emailing is necessary or even wise.


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## Grammarhero (Jul 27, 2019)

skeptastic said:


> Should I send an email to the address listed on this site for Pueblo Bonito Sunset Beach Resort & Spa? I currently see: sunset.members@pueblobonito.com.mx
> 
> I read something about Profeco recommending mailing and emailing of the rescission letter. I couldn't find an appropriate email or get in contact with anyone from the right department, so I figure this email is my best shot, if emailing is necessary or even wise.



If that is what Profeco recommends, then do that.  I’d send them a courtesy electronic copy of all your rescission letters sent multiple times, via certified, registered mail, with a certificate of mailing.

Do not pick up the phone for any unknown numbers, and do not engage with them via email even if they said your rescission was unsuccessful.

You won.  Go out and celebrate.


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## skeptastic (Jul 27, 2019)

Grammarhero said:


> If that is what Profeco recommends, then do that.  I’d send them a courtesy electronic copy of all your rescission letters sent multiple times, via certified, registered mail, with a certificate of mailing.
> 
> Do not pick up the phone for any unknown numbers, and do not engage with them via email even if they said your rescission was unsuccessful.
> 
> You won.  Go out and celebrate.



I'm not sure if Profeco does recommend or not, haha! I read it somewhere, but am completely unable to get in touch Profeco, now find any TS rescission info on Profeco's website. I was hoping someone might know if it is necessary. And I'd love to end them a copy of the letters, but cannot find an appropriate address for Profeco. It seems like that info has become increasingly difficult to locate over the years.

Do you think it would be necessary to send all of the letters sent to various addresses to Profeco, should I locate their mailing address? Because of the certificate of mailing vs registered mail debacle, it would be a total of 6 rescission letters, along with copies of the front of a few agreements from the contract. I suppose I wouldn't need to send 6 copies of the agreement copies, haha! Just trying to keep costs reasonable, but also ensure I'm doing what is needed to get this done. I have also read that many people wait to send the documents to Profeco, giving the TS folks a chance to cancel the contract and refund first. As I've read, it is never too late to send the documents you've sent to the TS company to Profeco, as long as your documents show proof of having originally mailed them off within the allotted 5 days. If you or anyone else knows anything about all of this, I'm all ears!


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## Grammarhero (Jul 27, 2019)

skeptastic said:


> I'm not sure if Profeco does recommend or not, haha! I read it somewhere, but am completely unable to get in touch Profeco, now find any TS rescission info on Profeco's website. I was hoping someone might know if it is necessary. And I'd love to end them a copy of the letters, but cannot find an appropriate address for Profeco. It seems like that info has become increasingly difficult to locate over the years.
> 
> Do you think it would be necessary to send all of the letters sent to various addresses to Profeco, should I locate their mailing address? Because of the certificate of mailing vs registered mail debacle, it would be a total of 6 rescission letters, along with copies of the front of a few agreements from the contract. I suppose I wouldn't need to send 6 copies of the agreement copies, haha! Just trying to keep costs reasonable, but also ensure I'm doing what is needed to get this done. I have also read that many people wait to send the documents to Profeco, giving the TS folks a chance to cancel the contract and refund first. As I've read, it is never too late to send the documents you've sent to the TS company to Profeco, as long as your documents show proof of having originally mailed them off within the allotted 5 days. If you or anyone else knows anything about all of this, I'm all ears!



You are good.  You can email for free.  Go out and celebrate.  You won.

Unless two months later in which the Ts resort says the rescission is invalid despite your six (6) letters, you don’t need to send to profeco. 

There have been instances in which profeco gotten involved because some poor owner sent one (1) rescission letter via a certificate of mailing and got stuck with a TS.  However, you sent six (6), so you are covered.


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## skeptastic (Jul 27, 2019)

Grammarhero said:


> You are good.  You can email for free.  Go out and celebrate.  You won.
> 
> Unless two months late in which the Ts resort says the rescission is invalid despite your six (6) letters, you don’t need to send to profeco.
> 
> There have been instances in which profeco gotten involved because some poor owner sent one (1) rescission letter via a certificate of mailing and got stuck with a TS.  However, you sent six (6), so you are covered.



Oooooh! I see what you meant. I confused myself, thinking that you meant to physically send Profeco the 6 copies. You meant email them. Got you! And I suppose the TS resort would be more likely to deny the rescission if I'd stuck with the certificate of mailing, as opposed to going back and resending via registered mail.

Yes, I've now sent 2 letters to U.S. addresses via certified mail, 2 to Cabo with a certificate of mailing, and 2 to the same addresses in Cabo via registered mail. If they don't cancel my contract and refund me, I am the unluckiest human on the face of the planet, haha!

We will celebrate by taking my mother out for dinner tonight. She was kind enough to stay with the kids while we traveled to Cabo. She deserves the love!

Thank you again for all of your help!


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## skeptastic (Jul 31, 2019)

The first of 6 letters was delivered on Monday, to the address in San Ysidro, CA. Today, we received an email, which I've included as an attachment below. VICTORY!! This is the address that TUG member Karen G provided in a separate thread, for Marisol Garcia. It is the address I've included in this very thread that is for PB Membership Services. Hope that helps someone in the future! I'd still send to all the addresses on the contract, to PBSB, and the Arizona address if I had to do it over again, but it is great to see that the San Ysidro membership services address got it done.

Thank you all again!


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## Karen G (Jul 31, 2019)

skeptastic said:


> Today, we received an email, which I've included as an attachment below. VICTORY!! This is the address that TUG member Karen G provided in a separate thread, for Marisol Garcia.


Yay! Wonderful news! Thanks for letting us know!


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## skeptastic (Jul 31, 2019)

Karen G said:


> Yay! Wonderful news! Thanks for letting us know!



Agreed! And no problem whatsoever! I think it's always important to update the site with the results, to help others in the future. I also frequent a medical forum and folks come asking for help for years, then disappear once they either fail to get in to medical school, or get in and no longer need help. That drives me crazy because so many people can benefit from learning what works and doesn't work in these sort of situations. I am more than happy to help!


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## Grammarhero (Jul 31, 2019)

skeptastic said:


> Agreed! And no problem whatsoever! I think it's always important to update the site with the results, to help others in the future. I also frequent a medical forum and folks come asking for help for years, then disappear once they either fail to get in to medical school, or get in and no longer need help. That drives me crazy because so many people can benefit from learning what works and doesn't work in these sort of situations. I am more than happy to help!



It would be the funniest thing if, after a lot of research and consideration, you buy the PBSB TS for free or $1.  Then they see you again.


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## skeptastic (Jul 31, 2019)

Grammarhero said:


> It would be the funniest thing if, after a lot of research and consideration, you buy the PBSB TS for free or $1.  Then they see you again.



Haha!! That would be so fun! They still get my business, but at a much more fair clip. Still trying to determine if getting a free one from TSN is a better move than just renting from an owner.


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