PJTSytms97
newbie
On December 17, 2007 we entered into a contractual agreement with Boutique Resort La Jolla, Mazatlan, Mexico. Our salesman, Mr. Fernando Lobato authored the contract and the addendum. Mr. Lobato agreed to sell our Virginia Beach, Virginia timeshare, and we agreed to purchase 27, 500 fractional ownership points from Boutique Resort La Jolla. The addendum to the contract allowed us to cancel the contract if Mr. Lobato did not sell our timeshare by June 17, 2008. The addendum also stated that Boutique Resort La Jolla would reimburse all monies given up to that point, if they did not sell our Virginia Beach timeshare. Mr. Lobato required us to sign a waiver of our 5-day cooling off period rights, which I later found out was against Mexican law. We were also required to make a 50% earnest money down payment with a new application for a Bank of America credit card. Payments on the Bank of America credit card would not begin until July 12, 2008, which would have been after the Virginia Beach timeshare had been sold. We were happy when we left the sales presentation. On December 27, 2007 I received an email from Mr. Lobato, stating, "The state laws in Virginia seems to complicate things for us a little." In January, 2008, I received my first credit card bill from Bank of America, requesting 1% interest payments on the earnest money down payment. I called Bank of America and explained the contract and the addendum, and requested that the payments be deferred as per the contract agreement. Bank of America told me that only the merchant can defer the 1% interest payments. I emailed Mr. Lobato
and was refused. I began making the Bank of America payments, until I received a letter from Bank of America on March 31, 2008 crediting me my monthly payments and the entire remaining balance of the earnest money deposit. I thought that perhaps the merchant had canceled the contract, due to his inability to sell the Virginia Beach timeshare. On June 10, 2008 I received another letter from Bank of America stating that they had tried to contact me, but were unable to do so, and they were reissuing the earnest money deposit. Apparently the merchant had requested a charge back. Bank of America granted the charge back without my authorization. On June 17, 2008, Mr. Lobato, had not sold the Virginia Beach timeshare. We notified Boutique Resort La Jolla that we were executing our option to cancel the contract as per the addendum, and requested to be reimbursed for the earnest money down payment, again as per the contract. Bank of America
refused to grant another credit to the credit card. Boutique Resort La Jolla
breached the contract. On July 21, we received an email from Mr. Lobato, admitting that, "first of all you are obviously right in not being delivered what was promised." I sent a copy of Mr. Lobato's email to Bank of America
and they still refused to credit my credit card. Mr. Lobato went on in his email to request payment in full for the remaining balance due on the contract, which was canceled on June 17, 2008, via US certified mail, return receipt requested and email confirmation. We had to hire a lawyer, and paid another $500 to reinforce the cancellation of the contract for Mr. Laboto.
I have reported my experience to my Congressman, the Better Business Bureau of Delaware and Maryland, the Attorney General of the State of Delaware and Maryland, Ken Lewis, CEO of Bank of America and the Comptroller of the Currency. I received a letter on Sept. 4, 2008 from Bank of America telling me that my dispute has been resolved, and that I must pay the earnest money down payment. This timeshare scam has taken both
a financial as well as emotional toll on me. I decided at one point to just give in and stop fighting a loosing battle. However, with the support of my wonderful husband, I am going to continue to fight for my reimbursement.
I submitted my consumer complaint to PROFECO, in Mexico City. I also submitted another consumer complaint package to the US embassy in Mexico. I am hoping to meet other victims of timeshare frauds on the worldwide web, and perhaps we can all share our experiences, and seek some type of resolution, so that other unsuspecting vacationers do have to go through this nightmare.
and was refused. I began making the Bank of America payments, until I received a letter from Bank of America on March 31, 2008 crediting me my monthly payments and the entire remaining balance of the earnest money deposit. I thought that perhaps the merchant had canceled the contract, due to his inability to sell the Virginia Beach timeshare. On June 10, 2008 I received another letter from Bank of America stating that they had tried to contact me, but were unable to do so, and they were reissuing the earnest money deposit. Apparently the merchant had requested a charge back. Bank of America granted the charge back without my authorization. On June 17, 2008, Mr. Lobato, had not sold the Virginia Beach timeshare. We notified Boutique Resort La Jolla that we were executing our option to cancel the contract as per the addendum, and requested to be reimbursed for the earnest money down payment, again as per the contract. Bank of America
refused to grant another credit to the credit card. Boutique Resort La Jolla
breached the contract. On July 21, we received an email from Mr. Lobato, admitting that, "first of all you are obviously right in not being delivered what was promised." I sent a copy of Mr. Lobato's email to Bank of America
and they still refused to credit my credit card. Mr. Lobato went on in his email to request payment in full for the remaining balance due on the contract, which was canceled on June 17, 2008, via US certified mail, return receipt requested and email confirmation. We had to hire a lawyer, and paid another $500 to reinforce the cancellation of the contract for Mr. Laboto.
I have reported my experience to my Congressman, the Better Business Bureau of Delaware and Maryland, the Attorney General of the State of Delaware and Maryland, Ken Lewis, CEO of Bank of America and the Comptroller of the Currency. I received a letter on Sept. 4, 2008 from Bank of America telling me that my dispute has been resolved, and that I must pay the earnest money down payment. This timeshare scam has taken both
a financial as well as emotional toll on me. I decided at one point to just give in and stop fighting a loosing battle. However, with the support of my wonderful husband, I am going to continue to fight for my reimbursement.
I submitted my consumer complaint to PROFECO, in Mexico City. I also submitted another consumer complaint package to the US embassy in Mexico. I am hoping to meet other victims of timeshare frauds on the worldwide web, and perhaps we can all share our experiences, and seek some type of resolution, so that other unsuspecting vacationers do have to go through this nightmare.