# [2011] Rescind help! Need to go to Mex courts?



## Marius33 (Mar 15, 2011)

I sent a letter to rescind within 5 M-F business days. But the Villa Group agent is telling me that in Mexico, Saturdays and Sundays count as business days, so I was one day late (signed Tue, sent letter FedEx Monday). 

He's offering to cancel the contract anyway, if we don't go after the deposit ($3,155). But if we want to go for the deposit, or fight his interpretation of "business days", then he says he'll go after the entire amount ($14,000) plus fight to keep us in the contract, and we'll have to go through courts in Mexico, which he says will mean three different hearings in Mexico (Cabo I think). Obviously, we can't afford to go through that process.

Should I just accept his offer to cancel, and eat the $3,155 deposit/down payment? We did sign a form that had a line about waiving the return of the deposit, I know lots of people say that waiver isn't legally valid in Mexico, but I can't go to court in Mexico on this.

So, do I have to just lose the deposit, or is the guy lying about the need for Mexico hearings?

In case it matters, I think we were mislead during the sales process in two ways: 

1) told that there was only one exchange fee though Interval Int, even if we split the week 3/4 at different resorts, but II told me on the phone that there's a separate exchange fee for each resort, and 

2) told we could easily rent our first week to cover the maintenance fees for two weeks, and only use the second week, but it's a summer contract and from what I can tell with Mexico summer temps (95), I doubt that we can regularly rent out in summer (they'd assign us a specific summer week at a specific resort, which sounds pretty iffy).

Thanks for any advice.


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## Karen G (Mar 15, 2011)

Contact Profeco, the Mexican consumer protection agency. Here is their brochure with contact information.  I think the guy is lying to you on a number of points. I don't think Sunday is a business day in Mexico & probably Saturday isn't either. The total amount of money you put down should be refundable and they cannot force you to give up your five days right to rescission, according to Profeco. The three hearings in a Mexican court are probably bogus as well.

Also dispute the down payment amount with your credit card company.


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## Marius33 (Mar 15, 2011)

*Done it, but must I go to Mexican courts?*

I sent an email to Profeco this morning, and told Amex we were disputing the deposit yesterday. I think Amex called Villa Group, which is why Villa Group finally called me last night.

Maybe Profeco will confirm that Sunday is not a business day, but Villa Group is saying they don't care if I get an email or find a website, they believe Sunday is a business day since they're open. In addition, they're saying they didn't get the cancellation letter, even though FedEx has a desk person's name.

Villa Group is saying unless I sign their letter soon, which I assume will include a promise not to ask Amex for the deposit, Villa Group will refuse to cancel, and the only way to challenge that would be to go to Mexico for multiple court hearings.

So unless there is another way to make sure the contract is canceled, I think I'll just sign the letter and eat the $3,155. I cannot afford to risk having to go to Mexico for court hearings about whether my cancellation letter was sent or was on time.


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## Numismatist (Mar 15, 2011)

Seems like you are being bullied for the $3,100...it's your money, but I'd try to find out what really happens (and not from the timeshare guy).  I wouldn't accept any of his story (which is really a threat).


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## eal (Mar 15, 2011)

Others may chime in here but most people who rescind a Mexico timeshare purchase find that the resort backs down once Profeco gets formally involved - you won't have to go to Mexico.  

Stick to your guns!


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## Marius33 (Mar 15, 2011)

*How do I get Profeco involved quickly?*

That's great news. How do I get Profeco involved quickly? I emailed them this morning, told them the situation, asked for info about "business days," the waiver, and going to Mexico for court dates.

I think Villa Group is going to tell me this Sat that unless I agree to give up the deposit right away, they'll start legal proceedings that will mean I have to go to Mexico. The guy at Villa Group (Shane) seemed fine with me getting Profeco involved, and didn't try to dissuade me. 

So I think I need more from Profeco than a simple confirmation of my complaint. Even if Profeco sends me an email confirming the "business days" and waiver issues, I suspect Villa Group is going to stick to their guns, and simply say they never got the letter. They know I don't want to risk having to go to court hearings in Mexico. Shane knows I'll blink (he's far better at this than I am).

Is there a way to quickly get Profeco to contact Villa Group to stop its threats, or some other more concrete action by Profeco?


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## Karen G (Mar 15, 2011)

Marius33 said:


> Is there a way to quickly get Profeco to contact Villa Group to stop its threats, or some other more concrete action by Profeco?


Maybe you could call Profeco and speak to someone. There are phone numbers listed in the brochure I linked above.


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## carl2591 (Mar 15, 2011)

YES call,, if it's that important call and talk with someone there, if not just send another email.. it only $3100 dollars. 

I would be calling. that get's action quicker than email.. it means you are serious.



newbies  got to loveum....


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## EducatedConsumer (Mar 15, 2011)

Just curious, can a business in Mexico do anything to harm your credit in the US, or chase after you in US courts?


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## T_R_Oglodyte (Mar 15, 2011)

EducatedConsumer said:


> Just curious, can a business in Mexico do anything to harm your credit in the US, or chase after you in US courts?


Many of the operations in Mexico that do significant business with US tourists will also have a business presence in the US, specifically set up for the purpose of conducting operations in the US when it is to their advantage to do so. That includes activities such as managing collections.


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## siesta (Mar 15, 2011)

T_R_Oglodyte said:


> Many of the operations in Mexico that do significant business with US tourists will also have a business presence in the US, specifically set up for the purpose of conducting operations in the US when it is to their advantage to do so. That includes activities such as managing collections.


 not to mention the consumer loan issued to purchase the TS is usually a US bank.


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## Marius33 (Mar 16, 2011)

*Thanks, I called and Profeco is helping. Does it have clout?*

Called Profeco, got to an English speaking person handling timeshare complaints, and she assured me Sat and Sun are not business days, so we should be OK. She says she'll review my info (contract, FedEx receipt, cancellation letter, ID) and get back to me today. If she thinks we have a valid complaint, she says Profeco will meet with a rep of the company to settle it. She sounded very professional and had good English skills. Phew. Thanks for the suggestion to call, I had missed the phone number, and assumed I'd just hear recordings anyway. (I did have to guess which number in the phone system to press, but got transferred around as soon as a human operator realized I needed an English-speaking agent.)

Does anyone know if Profeco has clout with Villa Group? If the rep does not show up to scheduled meetings, can Profeco do anything, or is it all voluntary? I think I'm going to rely on Profeco and refuse VG's offer to eat the downpayment to get out of the contract, but it would be great to know if anyone has experience with Profeco managing to settle a case.


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## Karen G (Mar 16, 2011)

Marius33 said:


> I think I'm going to rely on Profeco and refuse VG's offer to eat the downpayment to get out of the contract, but it would be great to know if anyone has experience with Profeco managing to settle a case.


That's a good plan. I know people have posted before about success with Profeco and I hope some will post again to this thread.


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## timeos2 (Mar 16, 2011)

Marius33 said:


> Does anyone know if Profeco has clout with Villa Group? If the rep does not show up to scheduled meetings, can Profeco do anything, or is it all voluntary? I think I'm going to rely on Profeco and refuse VG's offer to eat the downpayment to get out of the contract, but it would be great to know if anyone has experience with Profeco managing to settle a case.



Profeco is a Government operation - not a voluntary one like the BBB in the US.  So they do have "clout".

You are smart not to go along with any "offers" from the resort as they will ALWAYS favor themselves and you will not get what you deserve from them. 

The whole timeshare world in Mexico as far as sales goes is far worse than in the US (where it is bad enough as we know!). Best to avoid any sales presentations as most of the time those that deal with them end up feeling overcharged or worse.  Your story is all too common.  Hope you can get out with little or no cost to you and that this is a lesson to avoid any future contact with timeshare retail sales as they all have a common approach. Avoid it.


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## Marius33 (Mar 30, 2011)

*Thanks, got my deposit back*

Thanks everyone, I got my deposit back. I don't know if it was Amex or Profeco, but someone must have contacted Villa Group before I did and they returned the deposit on my Amex. 

Still no confirmation from Villa Group that the contract has been canceled. I assume I don't need to worry about that?


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## Karen G (Mar 30, 2011)

Marius33 said:


> Thanks everyone, I got my deposit back. I don't know if it was Amex or Profeco, but someone must have contacted Villa Group before I did and they returned the deposit on my Amex.
> 
> Still no confirmation from Villa Group that the contract has been canceled. I assume I don't need to worry about that?


That's wonderful news! Thanks for letting us know. I wouldn't worry about the contract cancellation--if you got your money back, it must be finished. You have a copy of your rescission & proof they received it, so that's all you need.


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## CatLovers (Mar 30, 2011)

Congratulations!  We just love good news stories like this!


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## Patri (Mar 31, 2011)

There won't be a future repeat of this situation from you, but the lesson here is don't be scammed twice, buying retail in Mexico, and then believing the timeshare salesmen AGAIN about the deposit. He almost had you.
You were smart enough to seek advice from TUG and because of them, Profeco. But you still weren't immediately convinced.
Hope others can learn from this.


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## carl2591 (Apr 4, 2011)

Karen G said:


> That's wonderful news! Thanks for letting us know. I wouldn't worry about the contract cancellation--if you got your money back, it must be finished. You have a copy of your rescission & proof they received it, so that's all you need.



but never ever ever never misplace the paperwork for the next 50 yrs.. soon as you do they will reappear asking for money.. mark my words it has happened. Just ask clark howards audience members.. I remember hearing a story about this several years ago.. 

still good news..


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## dropkick (Apr 13, 2011)

Just a suggestion, if you pay with a credit card and can't get to talk to someone,
call your credit card company.  If they can't or won't talk to you, report the card as lost.  All transactions from that point should be void, not the best advice but better than eating three thousand bucks.


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## DeniseM (Apr 13, 2011)

dropkick said:


> Just a suggestion, if you pay with a credit card and can't get to talk to someone,
> call your credit card company.  If they can't or won't talk to you, report the card as lost.  All transactions from that point should be void, not the best advice but better than eating three thousand bucks.



REALLY bad advice - the OP signed a contract which the sales Dept. would forward to the CC company - resulting in a fraudulent report to the credit card company.


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## equitax (Apr 13, 2011)

*Credit Card Chargebacks*

DeniseM makes an excellent point.  I would however like to point out that in my experience AMEX will side with the Cardmember much easier than Visa or MasterCard when it comes to disputes with merchants as the case would be here. Merchants also can only get their merchant account accept AMEX from AMEX which puts them in a deeper hole if they lose the ability to accept AMEX cards because they can't just go to another bank. I am not dissing visa and mc but AMEX does wave the sword a little more often. 

I am a loyal AMEX cardholder since 1999 and have charged back about 5 times based on "unfit for intended use / merchant misrepresentation. ". Tge most notable to effectively rescind a car purchased for about 50k new. 

Happy the op got money back. 



DeniseM said:


> REALLY bad advice - the OP signed a contract which the sales Dept. would forward to the CC company - resulting in a fraudulent report to the credit card company.


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## heathg (Apr 14, 2011)

*going through the same thing right now!*

Everyone,

This site is great, we are going through the exact same thing with VILLA group right now, we signed on a Monday and sent cancellation via USPS certified on Sat. Along with a letter to there US office in San Diego. I called AMEX today and had them do an investigation. I am hoping my outcome is as successful. We gave a deposit of 4352.00 (why i did this, I have no idea) yes i am ashamed of myself.

I will post as each communication goes through. I am so excited to read these posts..

Thank you to everyone and there responses.
H


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## carl2591 (Apr 14, 2011)

heathg..
you might want to start another thread for your deal.
put the resort info in title line. It make the google search better when others are trying to find info on resorts like you did..
not sure what villa you are referring to so put full name and location up there..

good luck we will be following along.


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## Karen G (Apr 14, 2011)

carl2591 said:


> heathg..
> you might want to start another thread for your deal.
> put the resort info in title line. It make the google search better when others are trying to find info on resorts like you did..
> not sure what villa you are referring to so put full name and location up there..
> ...


No need for a new thread. The OP was talking about the Villa Group--same one that heathg mentioned.


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## heathg (Apr 14, 2011)

*Villa Group at Del Archo*

Thanks for the information, this is the same Villa Group (Villa del Arco and Villa Del Palmar) in Cabo. I can start a new thread. (still a newbie here)

I have just faxed a copy of all my documents to AMEX (including USPS confirmation), hopefully they will go to battle for me... I could not find the so called waiver of, "down payment rights", this is something I was told that I signed. 

Again thanks to all for your support. and more to follow.
Heath


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## heathg (Apr 14, 2011)

carl2591 said:


> heathg..
> you might want to start another thread for your deal.
> put the resort info in title line. It make the google search better when others are trying to find info on resorts like you did..
> not sure what villa you are referring to so put full name and location up there..
> ...


Thank you Carl for your input


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## Karen G (Apr 14, 2011)

heathg said:


> I can start a new thread. (still a newbie here)


Please don't. There is no need as you are discussing the same subject as the person who started this thread. It's better to keep it all together in one thread.


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## heathg (Apr 27, 2011)

just received an email from villa group Account manager, stating the following;
"Contract # XXXX
Dear Mr.G
I am the  account director for Villa Group Resorts and this is the first attempts to contact you I am unable to process your request without verbal confirmation and review of your reason for cancellation,so if you could email me back a time of day and number to reach you at we can begin to process you request.

Thanks
Shane Brault
Account Director
Villa Group Resorts"

Where in the contract does it state I now have to give verbal confirmation? 

So I left two emails stating that they can call me anytime at work or on cell.. but of course not one call.. so I called mexico VG office and asked for Shane.. he was always in a meeting and they said he would call back right away.. (load of crap)

Thoughts anyone


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## aliikai2 (Apr 27, 2011)

*You have done all you need to do*

You mailed the rescission on time. You have your receipt. You have started the process with Amex. You are fine.
I would email this Shane Brault  Account Director once more and tell him that this transaction is to be voided as per Mexican Law and you will accept no further delays or you will be forced to contact Profeco..

That should be the last of this verbal nonsense. 

fwiw,

Greg



heathg said:


> just received an email from villa group Account manager, stating the following;
> "Contract # XXXX
> Dear Mr.G
> I am the  account director for Villa Group Resorts and this is the first attempts to contact you I am unable to process your request without verbal confirmation and review of your reason for cancellation,so if you could email me back a time of day and number to reach you at we can begin to process you request.
> ...


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## T_R_Oglodyte (Apr 27, 2011)

heathg said:


> just received an email from villa group Account manager, stating the following;
> "Contract # XXXX
> Dear Mr.G
> I am the  account director for Villa Group Resorts and this is the first attempts to contact you I am unable to process your request without verbal confirmation and review of your reason for cancellation,so if you could email me back a time of day and number to reach you at we can begin to process you request.
> ...





aliikai2 said:


> You mailed the rescission on time. You have your receipt. You have started the process with Amex. You are fine.
> I would email this Shane Brault  Account Director once more and tell him that this transaction is to be voided as per Mexican Law and you will accept no further delays or you will be forced to contact Profeco..
> 
> That should be the last of this verbal nonsense.
> ...


I concur with Greg.  The only reason they are "insisting" on the verbal confirmation is so that they can try to talk you out of rescinding, or at least muddle up the process sufficiently so that Profeco won't get involved and they can build a case if there's a credit card dispute.


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## heathg (Apr 27, 2011)

aliikai2 said:


> You mailed the rescission on time. You have your receipt. You have started the process with Amex. You are fine.
> I would email this Shane Brault  Account Director once more and tell him that this transaction is to be voided as per Mexican Law and you will accept no further delays or you will be forced to contact Profeco..
> 
> That should be the last of this verbal nonsense.
> ...


Greg, thank you for the quick response, I will follow up with one more response and let amex handle it... As soon as I hear more, I will post follow up.

/R
Heath


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## heathg (Apr 27, 2011)

T_R_Oglodyte said:


> I concur with Greg.  The only reason they are "insisting" on the verbal confirmation is so that they can try to talk you out of rescinding, or at least muddle up the process sufficiently so that Profeco won't get involved and they can build a case if there's a credit card dispute.


Steve
Thanks for the info, should i send the email responses to AMex? or just sit tight.

AMEX rep said they mail a letter and VG has to respond by may 13. not sure what happens after that.

H


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## equitax (Apr 27, 2011)

*Just another attempt to bring in another closer..*

As others have stated, you did this in writing, they just want to talk you out of recinding.  




heathg said:


> just received an email from villa group Account manager, stating the following;
> "Contract # XXXX
> Dear Mr.G
> I am the  account director for Villa Group Resorts and this is the first attempts to contact you I am unable to process your request without verbal confirmation and review of your reason for cancellation,so if you could email me back a time of day and number to reach you at we can begin to process you request.
> ...


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## heathg (Apr 27, 2011)

Interesting though.. I would assume they would have called right away to discuss....


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## equitax (Apr 27, 2011)

*Chargeback...*

Chargeback rules are very stringent - if they fail to respond in the timeframe stipulated, the charge will be reversed (i.e your account credited, theirs debited) as a final transaction, where they would have to sue you if they thought you owed them something.  If they provide sufficient justification as to why the charge should be allowed to stand, then it may get tricky.  That is why it would pay for you to respond to "buddy" just to say that your recision is as per MEX law and is final.  You don't want to discuss the reason (especially if MEX law does not require you to have a reason to cancel).  Its just one more item for you to have to prove that you tried to resolve (as per law) with the merchant directly.






heathg said:


> Steve
> Thanks for the info, should i send the email responses to AMex? or just sit tight.
> 
> AMEX rep said they mail a letter and VG has to respond by may 13. not sure what happens after that.
> ...


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## heathg (Apr 27, 2011)

equitax said:


> Chargeback rules are very stringent - if they fail to respond in the timeframe stipulated, the charge will be reversed (i.e your account credited, theirs debited) as a final transaction, where they would have to sue you if they thought you owed them something.  If they provide sufficient justification as to why the charge should be allowed to stand, then it may get tricky.  That is why it would pay for you to respond to "buddy" just to say that your recision is as per MEX law and is final.  You don't want to discuss the reason (especially if MEX law does not require you to have a reason to cancel).  Its just one more item for you to have to prove that you tried to resolve (as per law) with the merchant directly.


Thank you Ex

After I called and talked to his (account director) assistant, I did sent an email stating this: "I talked to your asst Charles Garvin, and let him know that this call was my official verbal consent; and that if they wish to discuss further they can call.. 

Charles of course was like "um you need to talk to him directly" I said you have my verbal consent and you can pass the info.

I guess we can see what happens! (fingers crossed)

Thanks for advice

HG


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## heathg (May 2, 2011)

*Update*

Just to update everyone, I am still in a holding pattern, AMEX stated, the have sent a letter to them and are awaiting there response. I only received one email from them (VG) and no further response. AMEX says they are waiting till  may 13th for a response and will demand payback and that time..

Heath


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## UVC Members (May 6, 2011)

*Response from Profeco*

Following is an email I sent to Profeco (self explantory) and the email response from Profeco.  Hopefully this information will help someone in need.

*********************** 
*MY INITIAL EMAIL SENT TO PROFECO *
*********************** 
De: Jeff Robbins  
Enviado el: lunes, 02 de mayo de 2011 11:34 a.m.
Para: Conciliacion a Extranjeros
Asunto: Villa del Palmar Group

Hello, 

My name is Jeff Robbins and I consider myself a Universal Vacation Club member advocate for the club members.  I have published a website www.universalvacationclubmembers.com which is highly critical of the Villa Group Developer and of the Club.  I published this website as a result of my involvement serving as a rental agent for club members who wish to rent their weeks but don't have the time nor expertise to do the rentals themselves.

I continually receive emails from the rental guest I send down to Mexico and they are experiencing buyer remorse realizing they were sold a "bill of goods" and not as verbally represented at the sales presentation.  I do caution these guests not to attend a presentation but some actually do for whatever reason.  Usually these guests contact me upon their return from Mexico which is routinely outside the five business day right to rescind.

I do provide these rental guest the website http://www.tripadvisor.com/Travel-g150768-c15675/Mexico:Timeshare.And.Consumer.Complaints.html    If the guests does experience buyer remorse even before they leave Mexico, they may be told the five day right to rescind does not pertain to them because of unique aspects of the signed contract.  The Developer has a multitude of reasons which the five day right to rescind does not apply.  The guests will then "back off" and decide to address their problem after their return from Mexico. 

QUESTION #1 - If the guest (while in Mexico) goes back to the Developer and is not allowed to rescind the contract, does the guests have any other recourse other than contacting Profeco?  

QUESTION #2 - Does Profeco have any forms that can be completed by the guest or is there any advice that can be given the guests so they can prepare before they return to the Developer to rescind the contract?  If so, please advise me and/or send me the forms via email attachment so I can pass on to the guests before they even arrive in Mexico or upon their return from Mexico.  

Thank you very much for your attention to this matter.

Jeff Robbins


*********************** 
*Response from Profeco*- Note - grammer could be better but does get the point across
*********************** 
Subprocuraduría de Servicios
Dirección General de Quejas y Conciliación
Dirección de Conciliación y Programas Especiales
Departamento de Conciliación a Residentes en el Extranjero

Mr. Robbins

Thank you for your e-mail. According to the following article, there is a term of 5 working days to cancel the contract without penalization:

Article 56 of the Federal Consumer Protection Law states: "The contract will be perfected within five working days from the delivery of, or the signature of the contract, whichever occurs the latest.  During this period, the consumer will have the right to revoke his consent without any responsibility.  The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability.  The revocation according to this article, will terminate the contract.  In this case, the costs of shipping and insurance will be the responsibility of the consumer",  and this right cannot be waived according to the Art. 1 from the Federal Consumer Protection Law.  

If consumers are not allowed to cancelled in the resort's location we always suggest (even if the cancellation letter is received in  the hotel) to send the cancellation request by mail to all the Mexican addresses in the contract, since It is every important that they keep the evidence in written of the cancellation notice within the allowed term, it means, return receipt requested or note of sending.  They can use the Mexican postal mail service or some other like UPS or FedEx. They also may get assistance from our offices in other States of Mexico (We are in Mexico City) but it is important to clear that Profeco does not cancel contracts but they should cancel directly to the company and if the cancellation is not honor then we can assist them with cancellations and refunds. 

Now, the company by law should refund the money and cancel the contract In about 20 days and consumer may follow up with e-mails and/or faxes however they may not be considered as a method of average reliability. 

Also they may contact to their credit card company and dispute the charges if the payment was made by credit card, sometimes the credit card rules to their favor before the companies does. 

*It is also important to say that in Mexico business days will be from Monday to Friday.  (except the days pointed out by the Federal Government as Holiday which can be found in the Mexican Official Gazette)* 

If the 20 days passed and they have no receive their money they can file a formal compliant with us. Because we are a small department the procedure used to be slow so sometimes it takes more time than we wish to get an answer from us. The paperwork we require is the following and the reception of all of it will be help to the mediation process:

1. Complete complaint form. (Attached) It is not necessary that consumers send us the form in word format but it is necessary the information included in it. 

2. Copy of the ID of the persons who signed the contract (Passport or Driver's License).

3. Copy of the entire contract (ALL clauses and / or recitals) 

4. Copy of the evidence of payment of the total amounts paid, such as credit card statements or voucher, issued by the bank. 

6. Copy of proof of sending of the cancellation request such acknowledgment, post receipt or note of sending as long as the cancellation letter. 

5. Copy of non-fulfillment by the company  in written. THIS IS AN OPTION used  in case that the problem be related to the contract's failure. 

For the other hand regarding your question #1 the other option for consumer is to hire a lawyer in Mexico and the take the case before the Mexican Tribunals in this case the lawyer should inform them about the procedure and costs about the services. 

The difference between Profeco and Mexican Tribunal is that we just conciliate between parties it means that we can not force to the company or consumer to accept or reject anything and Profeco will require evidence in written so verbal promises are not allowed, besides Profeco does not have investigation faculties since we are regulated by the Federal Consumer Protection Law which points out our faculties. 

Attached you will also find a brochure you and share with people about timeshares with the above information.  *NOTE - Profeco did send me two attachments.  One attachment is in Spanish (some type of  complaint form) and the other is in English (explains somewhat your rights and good info),  I will be happy to send you these files as email attachments if you so request. *

Finally we should inform you that according to the Federal Law of Consumer's Protection in Art. 105, to submit a complaint through this Agency a term of one-year statute of limitations, after the purchase or inconformity shall be applied.

If more information is required please contact us again. 

LAURA MEJIA L.
Department of Conciliation 
Services for Foreign Residents


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## heathg (Jun 5, 2011)

*We received our funds!!!*

I just wanted to let everyone know, we finally got our charge back from UVC and we are happy this whole ordeal is over. Looks like it was charged back on the 29th and the AMEX said it was in our favor.

I want to thank everyone for there advice, time and energy supporting myself and others. 

To sum it up:
follow the rules, cancel within the time period specified and make sure you write the letter to all address, faxes and certified mailings to the whomever you need to cancel with, we also put the deposit on our AMEX, big support from them as they handled the case for us..

Again thank you all for being here. looks like If I go to mexico again, I will be looking on here for a rental.

Heath


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## Karen G (Jun 6, 2011)

heathg said:


> I just wanted to let everyone know, we finally got our charge back from UVC and we are happy this whole ordeal is over. Looks like it was charged back on the 29th and the AMEX said it was in our favor.
> 
> D


Thanks so much for letting us know. Great news!


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## pjrose (Jun 6, 2011)

This is great.  We get a lot of posts about cancellation issues and problems, but rarely do the posters follow up with information about the outcome.


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## Passepartout (Jun 6, 2011)

Great to hear a success story! Even better when it isn't accompanied with the "Please disregard any negative posts I ever made against this developer" message that we all know was a condition of settlement.

Best wishes to Heathg. Now study up on what type of vacation suits your needs and if it's TS, stick around TUG, learn all you can and BUY RESALE!

Jim Ricks


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## tigre90032 (Aug 6, 2011)

*The Villa Group Villa Del Palmar*

Has Anybody Been Able To Rescind The Contract After The 5 Bus Days?


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## Karen G (Aug 6, 2011)

The only way one would be able to rescind after the rescission period has passed would be to prove that there was fraud involved in the making of the contract. If so, maybe Profeco could help. Here's a  link to their website.


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## UVC Members (Aug 12, 2011)

*Villa Group-Villa del Palmar Scams*



tigre90032 said:


> Has Anybody Been Able To Rescind The Contract After The 5 Bus Days?



I am a club member advocate and have had several successes in helping club members get their monies refunded and their Villa Preferred Access contracts either reinstated to their previous memberships or their contracts cancelled if it was a new purchase.

Feel free to send me a private message with your email address as I would be more than happy to discuss and hopefully assist you.  There is no charge for my services.  It's my attitude if a shoddy group such as this can present lies/misrepresentations/scams, they should pay the penalty.  I get much personal satisfaction in feeling responsible for getting into the developer's pockets.
Jeff Robbins
www.universalvacationclubmembers.com


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## Jose.GonzalezTS (Aug 13, 2011)

*Saturday*



Karen G said:


> Contact Profeco, the Mexican consumer protection agency. Here is their brochure with contact information.  I think the guy is lying to you on a number of points. I don't think Sunday is a business day in Mexico & probably Saturday isn't either. The total amount of money you put down should be refundable and they cannot force you to give up your five days right to rescission, according to Profeco. The three hearings in a Mexican court are probably bogus as well.
> 
> Also dispute the down payment amount with your credit card company.



Saturday nor Sunday is a business day in Mexico. therefore, if you purchase on a Monday, you can cancellation period ends on Monday next week.

Make sure you keep your tracking number or the Currier receipt as PROFECO will request that you prove you cancelled within five business days.

Regards,


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## jmurphy78 (Apr 5, 2012)

*Advice on getting out of contract after 10 days*

Hello,

I signed up for the vacation deal with the Villa Group about 10 days ago. After reading all the horror stories I'm thinking I may need to get out of this deal. I gave them authorization to charge my debit card $1,000 and I'd pay the remaining 2600 of the down payment over the next six months. However, they have yet to actually charge my account for the 1,000 I authorized. 

Is there any way to get out of this contract at this point? If I cancel my card and never pay them a dime can they come after my credit? I didn't give them my social security number but I'm sure they can track me down without it. 

Any advice would be great.


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## Passepartout (Apr 6, 2012)

You might be skating on thin ice here, but if you cancel the CC, and they don't have your SSN, you just might be able to skate through. But officially, you are very likely beyond the rescission period. I'd cancel the card, then send a rescission letter per the instructions in your contract packet anyway.

Good Luck!

Jim


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## jmurphy78 (Apr 6, 2012)

Is there any chance that Villa Group isn't a complete scam? I'm actually really pumped about going back there, and visiting their other properties. I've just read a ton of horror stories about them since I've returned home. Does anybody have any positive stories about them? The only reason I have buyers remorse is due to the negative reviews I've read about them, and there have been a lot.

Thanks


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## DazedandConfused (Apr 6, 2012)

Not to judge anyone, but I find it shocking how many people are willing to spend $14,000 on a timeshare in Mexico when the US economy is so tough right now.


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## nazclk (Apr 11, 2012)

*The Economy*

Isn't as bad as people think. When we were in Cabo in February the resort we stayed at was at 90% occupantcy.  Plane tickets, room fees, and spending money, it all ads up for a bunch of folks.  But everybody says the economy sucks.  Is everyone just going to Cabo to drown their sorrows??


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## MuranoJo (Apr 11, 2012)

An expensive way to drown your sorrows, if you're unemployed.   
Maybe they're using severance checks (if anyone even gets those these days).

But I see the same thing here with restaurants--full of people.  If I had to cut down, I'd certainly not be eating out, either.


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## mikefromcharlotte (Apr 29, 2012)

*questions, questions... hope i am on the right track??*

I signed a contract from the Villa del Palmar Flamingos on Monday, April 23rd..   I never go into anything with blinders (like I did with this) but with no phone and no internet access I guess I trusted our sales rep who seemed to be a great guy....After getting home at 1:30amSunday the 29th and jumping on the internet in the morning... I feel sick..  After reading these forums I have sent faxes today (Sunday)to San Diego and Villa del Palmar Flamingos to cancel the contract.  I also sent emails but they are hard to find??  The Villa's email which was on the sheet I was given in the presentation was rejected..  I also sent emails to club mail @ uvc, carlos aquino at Flamingos Rob Kistner, Vice pres and profeco...  Tomorrow I will send registered mail to all that I have emailed and faxed.. (tomorrow is a mexican holiday... labor day?.. I was told when I was at the Villa)...  If anyone has any email addresses I should have or faxes or any other info... could you please respond to this post or email me clicking on blue user name and sending a private message or email.. thanks so much and ps should I send the sales rep an email...I do have his email??  Am I within my five days??


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## Karen G (Apr 30, 2012)

If you can find any kind of address, you should send certified letters. Emails and faxes may not be enough because you likely won't have any proof that they were sent, but try it anyway. There may not be any information about rescinding in the paperwork you have because the Mexican timeshare sales people don't really want you to know about that right you are entitled to.

Send all the rescission notifications you possibly can and definitely try to get Profeco's help.  I believe you have five business days to cancel. So if your five business days started on Tuesday, April 24, after you signed on Monday and if tomorrow is a Mexican holiday, then maybe you have until Tuesday, May 1 to rescind.

Notify your credit card company that you are disputing any charges and rescinding your purchase.


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## thumper (May 3, 2012)

*I am freaking out.....*

I read a lot on the internet regarding the "great vacation" timeshare me and my bf got ourselves into.  
We were excited at first in Nuevo Vallarta to give this a shot as we travel at least every 6 months some where.  But what is freaking me out is that they took my bf cc and it definetly should not have went through as he knew he was at his limit.  We signed the papers on April 18.  No word on 5 days to cancel.  We got back to Canada on April 22 and my bf checked his cc to find out no charges had been posted at all.  
So he kept checking with cc and it finally went through on April 25.  CC shouldn't have put it through cause he was over his limit with this $2600 down payment.  Again, we are to give them $700 for the next three months and after reading everything saying that it will cost to upgrade or go to another hotel, etc.  I don't want anything to do with this.  
Anyone have any ideas what we should do seeings its over the 5 days?  I have no problem sucking up the $2500 but do not want to pay $19000 for something that will cost me more and more each time i use it.
My bf called the cc (and it was MC) he wanted them to block any more money coming on to his card from this company.  MC told him they can't block it and he authorized them to do it so what do we do????????????  I am freaking please help.....


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## pacodemountainside (May 3, 2012)

thumper said:


> I read a lot on the internet regarding the "great vacation" timeshare me and my bf got ourselves into.
> We were excited at first in Nuevo Vallarta to give this a shot as we travel at least every 6 months some where.  But what is freaking me out is that they took my bf cc and it definetly should not have went through as he knew he was at his limit.  We signed the papers on April 18.  No word on 5 days to cancel.  We got back to Canada on April 22 and my bf checked his cc to find out no charges had been posted at all.
> So he kept checking with cc and it finally went through on April 25.  CC shouldn't have put it through cause he was over his limit with this $2600 down payment.  Again, we are to give them $700 for the next three months and after reading everything saying that it will cost to upgrade or go to another hotel, etc.  I don't want anything to do with this.
> Anyone have any ideas what we should do seeings its over the 5 days?  I have no problem sucking up the $2500 but do not want to pay $19000 for something that will cost me more and more each time i use it.
> My bf called the cc (and it was MC) he wanted them to block any more money coming on to his card from this company.  MC told him they can't block it and he authorized them to do it so what do we do????????????  I am freaking please help.....



For openers, toss credit card in dumpster,  call  MC and  say lost/disappeared and to cancel and not accept any more charges!

They will open new account and bounce  charges to old one. Be careful if you have payments auto charged as you will have to e-mail and give new number!

Read the other posts here to  see what works best  and give  top 2-3 a shot!

No sure fire  nor easy solutions! Do not talk with sales person!


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## Passepartout (May 3, 2012)

thumper said:


> I read a lot on the internet regarding the "great vacation" timeshare me and my bf got ourselves into.
> We were excited at first in Nuevo Vallarta to give this a shot as we travel at least every 6 months some where.  But what is freaking me out is that they took my bf cc and it definetly should not have went through as he knew he was at his limit.  We signed the papers on April 18.  *No word on 5 days to cancel. *
> 
> I don't want anything to do with this.
> Anyone have any ideas what we should do seeings its over the 5 days?  I have no problem sucking up the $2500 but do not want to pay $19000 for something that will cost me more and more each time i use it.



Believe it or not, this isn't the first time we've heard this story. Mexican TS salesmen are notorious for lying. What comes out of their mouth counts for nothing. The only thing that counts is what the contract says, and I bet you signed or initialed that you read it before you signed it. And the paragraph about the rescission period is in there. It really is, along with the instructions and address to send the rescission letter to. That you didn't read it and respond within the 'cooling off' period is at your peril. Might be that you owe the $19,000 plus annual maintenance fees to go along with it. 

Now, what to do. You might call the resort and plead hardship- that you are on the verge of bankruptcy and if they will cancel the contract, they can keep the down payment. You can contact the Mexican Gov't Consumer affairs, Profeco. You'll find them elsewhere in this thread (or use search, above) if you think that fraud was involved. Sometimes works, but takes time. I don't recommend just defaulting on payments. They can- and probably will- ruin your (or bf's) credit and I suspect you are young and may need it. 

With max'ed out CCs, maybe bankruptcy is the best way out. Good chance most of your CC debt and thus timeshare can go away and you can get a fresh start.

I'm not going to say that with max'ed CCs you shouldn't have been going on TS presentations on Mexican vacations, but, oh, shucks, I said it didn't I? Sorry. Timeshares are unnecessary luxury goods and should only be purchased for cash.

We wish you well. There is a lot of information here on ways people have rescinded late, and more information on how to use what you've bought to make the best use of it after you come to terms with owning it.

Welcome to TUG. There is nothing TS related that we haven't heard, or question that hasn't been answered. So Good Luck!

Jim Ricks


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## Nielle84 (Jul 17, 2012)

My friend and I went to a timeshare presentation where we were convinced to buy a timeshare. They fed us drinks and lies regarding the timeshare. However, afterwards I decided to research some information (thank god I brought my laptop on vacation and was able to access internet). I read online a lot of negative reviews. We read in the contract that we had 5 days to cancel the contract. We signed the contract on July 8th and on July 10th we mailed a cancellation letter certified to the address stated on the contract. The post office ensured us that it would be delivered the following day. However, when I tracked the letter it says it was not accepted til July 16th, which I found odd that it would take that long to reach the destination (we mailed the letter in a cabo and the address we sent it to was in cabo - about a 5 minute car drive). So my question is.... Did we still make the rescission period of cancelling within 5 days deadline since we mailed it out within the 5 day period? Also, I decided on July 11th to call the timeshare to inform them that I mailed the letter. They told me I had to go to the manager where I signed the contract and they physically had to stamp my cancellation letter saying it was cancelled. I went, had to make an appointment to meet the guy, and when I returned for my appointment with my friend he told us we could cancel but would not get a refund of our deposit. He told us that we didn't understand the contract correctly. My friend and I decided since we sent the letter, we would want to research more information because we didn't know if we should trust his word that there was no refund of our deposit allowed. Luckily, we found Profeco when researching. The agency told us we were entitled to a refund if we canceled within the 5 business days. 

The contract is not clear on if the cancellation just needs to be sent within the 5 business days or if it needs to be received. Please help!

Thanks!


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## pacodemountainside (Jul 17, 2012)

Post marked.  Otherwise,  resort would simply wait  a week to pick up(sign for)  mail sent to cancellation mailing address or never pick up  and it would be returned to sender.

However, Mexico does have different laws, but if one is allowed 5 business days then I would think would have to go with post mark.

Does contract say  post marked or received?


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## bshmerlie (Jul 17, 2012)

If you saw the guy didn't he stamp the letter when you saw him?


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## Nielle84 (Jul 18, 2012)

No, he did not stamp it. It was not stated in the contract that we had to have a letter stamped so I felt that they weren't being truthful to us. He kept on saying you have to follow the contract, however, they were telling us something different from the contract. He said we would loose our deposit and I didn't feel I could trust his word so we left. I mailed the certified letter within the 5 day period time. I did it certified so that I could track the letter and have proof that I sent it out. I also took a picture of the letter. 

In the contract it says "Rights of Cancellation": The Member may cancel the Agreement within five (5) business days following the next business day after its execution, with no penalty. The application for cancellation shall be made in writing and sent to Vendor's domicile as specified in paragraph A, of the Recitals section hereof."

If the law states postmark then I'm ok!


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## bsun888 (Sep 8, 2013)

heathg said:


> Everyone,
> 
> This site is great, we are going through the exact same thing with VILLA group right now, we signed on a Monday and sent cancellation via USPS certified on Sat. Along with a letter to there US office in San Diego. I called AMEX today and had them do an investigation. I am hoping my outcome is as successful. We gave a deposit of 4352.00 (why i did this, I have no idea) yes i am ashamed of myself.
> 
> ...



Hi H,
Did you get your money back? do they count saturday as business day?
I didn't use AMEX. Not sure I have luck.
I will be running to same Sat/Sunday as original person did.
B


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## Karen G (Sep 8, 2013)

bsun888 said:


> Hi H,
> Did you get your money back? do they count saturday as business day?
> I didn't use AMEX. Not sure I have luck.
> I will be running to same Sat/Sunday as original person did.
> B



The person you are questioning has not been back to TUG since July 2011. You can click on their blue user name and send them an email but it's doubtful they'll see your question on TUG otherwise.


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