# Delinquent in Payments - Villa del Palmar - Universal Vacation Club



## UVC Members (Jul 25, 2011)

I have communicated with several UVC members who decided to simply discontinue payments on their contracts and/or maintenance fees.  These members have various issues, cannot sell their weeks and want to cancel their contractual obligations.  They report they do receive "Delinquent Notices" from ResortCom - the collection arm of the Villa Group developer and of UVC.  The club member's intent is for the developer to "foreclose" and take the timeshare units back and thus relieve them of their financial obligations.  These members do receive threats that their credit status will be adversely impacted but none have reported this has actually happened. 

I am inviting feedback from club members who have been involved in this scenario.  Could it be possible there are the threats and intimidation but there is no follow up?   Have any UVC members actually had their credit status destroyed or adversely impacted?  Please share your information.


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## curtbrown (Jul 26, 2011)

I haven't had any personal experience with this (nor do I know of any UVC owners who have), but I have read about a number of timeshare owners in Hawaii who have opted not to continue making their annual payments and the companies have foreclosed on their ownership and it did go on their credit rating.  

It doesn't really surprise me that it does affect their credit since there is a signed legal contract that obligates one to make the payments.  Failing to pay and having it foreclosed upon would most likely put a black mark in your file whether it's in Mexico or not.  

Curt


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## UVC Members (Jul 26, 2011)

The reason I asked the question is the UVC members actually sign the contract in Mexco and the collection process is then turned over to ResortCom, an affiliate of the developer located in the US.  There is not an actual "forclosure" process as this is a cancellation of a membership and not a transfer of an actual deed.  The developer/UVC simply cancels the membership and the developer takes the applicable week back into developer inventory and resells again at the existing sales price.  I'm sure the developer has this covered but I question the legality of enforcing a contract signed in Mexico but administered in the US.


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## nazclk (Jul 26, 2011)

*Fees*

The managment company is in San Diego. If the assignment went to them and you don't pay I would assume that they would have a local collection agency ding your credit if you don't pay. If you look closely at the contract I am sure it is there somewhere.


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## UVC Members (Jul 29, 2011)

*Promissory Note*

I have been in communication with a UVC member who is disputing her contract and making the effort to get the contract rescinded.  She sent me copies of the complete package given to her at the day of signing.  The package included a Promissory Note with Constructora Los Arcos de Cabo, S.A. de C.V. - A Mexican corporation.  A stipulation of the contract indicates the purchaser (maker of the note) appoints Resort Communications, Inc (a Calif corp) to be the collection vehicle for the note.  Nowhere in the complete package that was sent me was the purchaser's social security numbers, drivers license numbers or anything to specifically identify the member.  There were no SS numbers on the Promissory Note or on the Preliminary Credit Rating Request Form.  *QUESTION* - how can a credit check be made on an individual without a SS #?  I suspect a credit check was never done.

I am requesting feedback from UVC members who did sign Promissory Notes and are making installment payments on their purchase contract.  *QUESTION* - Does ResortCom send out year end tax advices to the club members reflecting the interest paid for the year to enable them to report the interest as an itemized deduction on their tax returns.  Maybe I'm missing something here but it seems this interest expense cannot be reported unless ResortCom has a SS#.  If ResortCom does not have an SS#, how can they adversely impact your credit rating?  Please reply with your thoughts on this and if any of you have had your credit status impacted for being delinquent in your payments.


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## Al D (Aug 1, 2011)

I'm not sure if this helps anyone, but I was past due (60-90 days) and they told me if I made my account current, I could buy myself out of my contract for 1/2 a maint fee.
My timeshare was paid up.
In case this helps anyone.


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## UVC Members (Aug 4, 2011)

*AI D*



Al D said:


> I'm not sure if this helps anyone, but I was past due (60-90 days) and they told me if I made my account current, I could buy myself out of my contract for 1/2 a maint fee.
> My timeshare was paid up.
> In case this helps anyone.



That's very interesting to know.  I wonder though if you agreed to this 1/2 mtnc fee payment, if they would actually cancel your membership or simply apply the payment towards the mtnc fee and claim you still owe the balance.  I can trust them as far as I can throw them so there could be nothing verbal and everything to the cancelation agreement would have to be in writing.


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## ShinjukuBaby (Aug 4, 2011)

AI D, when you say your "timeshare was paid up" but you were past due, I assume that means that you had no mortgage on the unit, but maintenance was past due, right?

I can see them letting somebody walk away if there's no mortgage, but if there is an outstanding loan, it's likely to be a much more complicated matter.


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## DebBrown (Aug 4, 2011)

MY inlaws bought our two weeks at Villa del Mar in 1992.  In the contract, Universal Vacation Club is described as a California nonprofit mutual benefit corporation.  The contract is signed by a representative in the Grand Caymans.  Interesting but not necessarily helpful.

We also own US timeshares and I really do not think I gave SS# or driver's license info to anyone for these purchases.  They were not financed so maybe that is why.

Deb


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## Jose.GonzalezTS (Aug 13, 2011)

UVC Members said:


> I have been in communication with a UVC member who is disputing her contract and making the effort to get the contract rescinded.  She sent me copies of the complete package given to her at the day of signing.  The package included a Promissory Note with Constructora Los Arcos de Cabo, S.A. de C.V. - A Mexican corporation.  A stipulation of the contract indicates the purchaser (maker of the note) appoints Resort Communications, Inc (a Calif corp) to be the collection vehicle for the note.  Nowhere in the complete package that was sent me was the purchaser's social security numbers, drivers license numbers or anything to specifically identify the member.  There were no SS numbers on the Promissory Note or on the Preliminary Credit Rating Request Form.  *QUESTION* - how can a credit check be made on an individual without a SS #?  I suspect a credit check was never done.
> 
> I am requesting feedback from UVC members who did sign Promissory Notes and are making installment payments on their purchase contract.  *QUESTION* - Does ResortCom send out year end tax advices to the club members reflecting the interest paid for the year to enable them to report the interest as an itemized deduction on their tax returns.  Maybe I'm missing something here but it seems this interest expense cannot be reported unless ResortCom has a SS#.  If ResortCom does not have an SS#, how can they adversely impact your credit rating?  Please reply with your thoughts on this and if any of you have had your credit status impacted for being delinquent in your payments.



Dear UVC members, I know people who have had their credit rating damaged by UVC or Resort com without the client providing their SS. How can they do it? I do not know. I just wanted to point that out. 

So if you care about your credit rating, don´t just drop payments, make sure you cancel the contract properly.

Regards.


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## rpmurray (Nov 10, 2011)

Maybe someone can help me out here.  I am also delinquent on my payments.  Its really my own fault, but they tried charging me a full year's late fee on a quarterly payment and I asked nicely for a reduction and was told to go pound sand.  Since I was already unhappy with my ownership and the increasing dues, I stopped paying my dues altogether.  This was almost 2 years ago.  As a result, I was recently sent to collections. We did provide our SS numbers when we signed up, so I am guessing it will hit my credit at some point.  The crazy part is, although they sent me to collections for the delinquent amount, they still haven't cancelled my membership and they continue to bill me for current dues.  I have called numerous times to ask them to cancel my membership, and I just get the run around and no one is able to help me. According to them, I have to be current in order to cancel.  It sounds like I will be accruing dues for the next 25 years since I really don't want to pay $2000 to these crooks just to walk away.  What a joke this is.  If anyone can help, I would greatly appreciate it.  Thanks!


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## Passepartout (Nov 10, 2011)

rmurray, you have no idea how many people would GLADLY pay $2k to be able to walk away. My hunch is that you are simply obligated to pay whatever your MF or membership fee is indefinitely. Or until you sell your ownership/membership. 

Best wishes.

Jim Ricks


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## rpmurray (Nov 10, 2011)

At least that is what they tell me on the phone.  I'm not sure if its true or not.  I have no mortgage or loan that is due, just member dues.  And yes, it does appear that they will accrue indefinitely.  It seems like its almost harder to get out of than a mortgage loan.  At least with a loan, you take the hit and suffer through several years of bad credit.  This could potentially continue to grow for 25 more years.  I have already lost well over $20K on this lame timeshare.  The thought of shelling out another dime is simply unbearable.

I have had it listed on redweek for about a year now for about what I owe.  I haven't had one inquiry nor do I expect to get any.  All anyone has to do is Google UVC or Vill Del Palmar to get all the dirt on this timeshare.  Too bad I didn't have this info 5 years ago...

If anyone has any better ideas, please let me know.  My wife is telling me, "who cares. Screw them!"  I don't think she fully understands the ramifications if this continues to accrue indefinitely....


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## Al D (Nov 13, 2011)

Sorry I never replied to the questions about my post a while back.
I was late in maint, but the units were paid in full.
It seems that my payment did buy me out of my contract. I have an acknowledgement that my ownership is over. I received a survey 6 months later asking why I cancelled & if I would consider getting my ownership back if my finances improve at a later date.
Good luck to you guys with yours.


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## CURIOUS1 (Nov 27, 2011)

*Promissory Note*

*I am requesting feedback from UVC members who did sign Promissory Notes and are making installment payments on their purchase contract.  QUESTION -Does ResortCom send out year end tax advices to the club members reflecting the interest paid for the year to enable them to report *[/U]the interest as an itemized deduction on their tax returns.  [/B][/U]Maybe I'm missing something here but it seems this interest expense cannot be reported unless ResortCom has a SS#.  If ResortCom does not have an SS#, how can they adversely impact your credit rating?  Please reply with your thoughts on this and if any of you have had your credit status impacted for being delinquent in your payments.

In answer to your question: Does ResortCom send out year end tax advices to the club members reflecting the interest paid for the year to enable them to report the interest as an itemized deduction on their tax returns.  

No, we do not receive year end tax information from UVC since UVC property is not deeded property but "right to use." Hope this helps.


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