Sampler Just Purchased in Arizona

[Talya]

It says on the first page of the contract, just above your signature, that you have seven days to cancel. I don't understand why they won't honor it. Since I am still as the resort, I returned the tablet they gave me with my letter to cancel the contract. I am also going to follow up with a copy of the letter to the Rescisson Coordinator in Las Vegas. I purchased it in Caliornia, but it does not say anything about what state law governs.

There is a the Rescisson Coordinator in Las Vegas? Do you have the address?

 

[hintok]

Send your letter C/O Rescission Coordinator, Diamond Resorts Financial Services, Inc., 10600 West Charleston Blvd, Las Vegas, NV 89135.
I only put the own payment on my credit card and financed the rest through Diamond Resorts.

 

[Talya]

Send your letter C/O Rescission Coordinator, Diamond Resorts Financial Services, Inc., 10600 West Charleston Blvd, Las Vegas, NV 89135.
I only put the own payment on my credit card and financed the rest through Diamond Resorts.

I paid the whole thing on my AMEX card and AMEX is doing an investigation (takes some weeks). For the duration of the investigation the money has been withdrawn from payment - so DRI does not have my money right now.

Thank you for the address - I will send my documentation to the Rescission Coordinator and copy AMEX on it. Can't hurt.

 

[izzymail]

I am perhaps more indicative of most - just not 'into' the sustained 'push' necessary. Too sanguine.

I will do both, then. (Arizona and Nevada).

I will pm you my e-mail address.

Good point. I was wondering what the leverage would be with the credit card company.

As I mentioned, the credit card rep knew at once what I was talking about and started to tell me what they do - he seemed totally familiar with the scenario I was presenting. But he did caution that he could not promise me anything.

Good to know. I had a choice between 3 cards when I was paying - and decided to pull out the AMEX card because I knew (vaguely) that there would be more protections than with the other two (maybe). I was thinking in that way even as I pulled out the card - for pity's sake! Why did I do it? I was mesmerized with my 'alternate facts' - that I would be able to stay at resorts as I drove cross country. I guess. It looked like such a cool thing. And there were other people apparently buying in the large room - was that part of the snooker? Were the other groups really buying? Or were they actors in the shell game?

So there is a deadline for the cc dispute - didn't know that.

Okay - you are heard!

Your first sentence - yes, that is how I am seeing it. Your second sentence gives me hope.

Please post whether or not you actually get this resolved for real and certain.

OK...today was the last day of the dispute period. I called the CC company and they confirmed that the dispute has been "resolved in my favor" and the temporary credit to my account is now permanent! Although I was expecting this, it is still a big relief.

From what I can tell, I won the dispute by default because Diamond opted not to respond to it. This is what they said they would do, after they offered a refund to resolve my BBB (Better Business Bureau) complaint. GOOD LUCK!!

 

[Talya]

OK...today was the last day of the dispute period. I called the CC company and they confirmed that the dispute has been "resolved in my favor" and the temporary credit to my account is now permanent! Although I was expecting this, it is still a big relief.

From what I can tell, I won the dispute by default because Diamond opted not to respond to it. This is what they said they would do, after they offered a refund to resolve my BBB (Better Business Bureau) complaint. GOOD LUCK!!

How I hope this is what I can report when the time comes! I have another month to go.

 

[Irene Parker]

@TUGBrian So I send the certified letter? And who do I send it to? The Las Vegas address in my contract? What do I say - that I just want out - or do I explain why I want out, etc.?

What is the Arizona timeframe?

What is the Arizona Law that is supporting a request for rescinding?

BTW the initial salesperson (I had three) that delivered the really ott expensive timeshare 'sell' indicated to me that there was a class action suit against DRI in Arizona. (Talk about red flag!) I have decided that the scale of my stupidity is because I have something to learn from all this. After 90 minutes with the first salesperson I was tired - yawning - and thought I was free to go - when the second one arrived with the Sampler offer......ach! So many points at which I should just have said 'no' and walked out.

There is no class action suit against Diamond in Arizona. There was an Attorney General investigation which resulted in an $800,000 Settlement (money gone) and an Assurance of Discontinuance issued by the AZ AG as DRI was accused of violating the AZ Consumer Fraud Act. DRI did not admit wrongdoing. The AZ AG received 400 complaints which opened the investigation and then 500 more after the press release. They are backlogged with over 900 complaints. The last report from a few weeks ago said not to expect a response until November or an answer until March 2018. There has been a class action lawsuit filed against DRI in Federal Court by a Nevada Law Firm for those who bought US Collection and were 60 when they signed. There is a statute of limitation. The best part of the Sampler is that it is not a perpetual contract and you are not locked into maintenance fees. Some of the resorts are nice. You should be able to get your moneys worth.

 

[TUGBrian]

very thankful you were successful in getting a full refund!

 

[Talya]

very thankful you were successful in getting a full refund!

izzymail got the refund. I have yet to hear from AMEX. DRI refused to let me out of the contract and sent me a letter to that effect, but currently they do not have any of my money because of the dispute and AMEX's investigation.

 

[Talya]

The best part of the Sampler is that it is not a perpetual contract and you are not locked into maintenance fees. Some of the resorts are nice. You should be able to get your moneys worth.

So if it winds up that I must keep this Sampler, that is what I am hoping for, but I would prefer not.

 

[izzymail]

very thankful you were successful in getting a full refund!

Me too!! Chalk one up for the little guy.

 

[izzymail]

very thankful you were successful in getting a full refund!

 

[izzymail]

There is no class action suit against Diamond in Arizona. There was an Attorney General investigation which resulted in an $800,000 Settlement (money gone) and an Assurance of Discontinuance issued by the AZ AG as DRI was accused of violating the AZ Consumer Fraud Act. DRI did not admit wrongdoing. The AZ AG received 400 complaints which opened the investigation and then 500 more after the press release. They are backlogged with over 900 complaints. The last report from a few weeks ago said not to expect a response until November or an answer until March 2018. There has been a class action lawsuit filed against DRI in Federal Court by a Nevada Law Firm for those who bought US Collection and were 60 when they signed. There is a statute of limitation. The best part of the Sampler is that it is not a perpetual contract and you are not locked into maintenance fees. Some of the resorts are nice. You should be able to get your moneys worth.

I stayed at a DRI resort in Orlando that was nice. The Sampler is not awful until you realize that you've agreed to attend a full sales presentation at every stay

 

[izzymail]

izzymail got the refund. I have yet to hear from AMEX. DRI refused to let me out of the contract and sent me a letter to that effect, but currently they do not have any of my money because of the dispute and AMEX's investigation.

"Yet" Talya! Did you end up doing the BBB complaint?

 

[Talya]

"Yet" Talya! Did you end up doing the BBB complaint?

No. I was thinking of sending a letter threatening that I would do so.

 

[izzymail]

No. I was thinking of sending a letter threatening that I would do so.

I would just do it! It's an easy website and gets their attention within a few days... These apparently go straight to the person on charge of managing reputation and it seems like nothing else does.

 

[Talya]

I would just do it! It's an easy website and gets their attention within a few days... These apparently go straight to the person on charge of managing reputation and it seems like nothing else does.

In the complaint process it mentions the complaint being 'published' - does this mean the complaint goes on-line with my real name attached?

 

[Talya]

Ah yes, here it is: "THE TEXT OF YOUR COMPLAINT MAY BE PUBLICLY POSTED ON THE BBB WEB SITE (BBB reserves the right to not post in accordance with BBB policy). PLEASE DO NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION IN DESCRIBING THE NATURE OF YOUR COMPLAINT. BY SUBMITTING YOUR COMPLAINT, YOU ARE REPRESENTING THAT IT IS A TRUTHFUL ACCOUNT OF YOUR EXPERIENCE WITH THE BUSINESS. BBB MAY EDIT YOUR COMPLAINT TO PROTECT PRIVACY RIGHTS AND TO REMOVE INAPPROPRIATE LANGUAGE."

 

[Talya]

Anyway, just submitted my complaint.

 

[izzymail]

Anyway, just submitted my complaint.

Awesome... I hope that does the trick for you! Let us know... I think it took less than a week for me to get the official reply.

And if you're not too scarred by the whole experience I would suggest looking intobuying a Worldmark contract resale... For less than the sampler cost we are getting a much better deal with a more reputable company.

 

[Talya]

Desired Outcome Description:
I would like a statement that the contract has been nullified and that there will be no attempt to collect the $3995. It is understood that I will send them back the tablet.

 

[Talya]

Yes, it is tiring! But I can be pretty persistent (OK, stubborn)

Yes, BBB is the Better Business Bureau and I used the one in Nevada where their headquarters is listed and they seem to have an active profile.

I don't want to post my email address publicly, but maybe there is a PM option where you can send me yours and I can send you that info?

@izzymail I have sent you the update this evening via e-mail. Could you look and give me some insights for when I talk to DRI tomorrow? I am puzzled by AMEX's silence. As I state, I think this may because DRI is not responding to the AMEX investigation, but I don't know really why the silence. Thank you.

 

[Talya]

I'm thinking maybe I should call the cc company to inquire on the dispute's status before I call DRI back. DRI are definitely 'reaching out to me' in direct consequence of the BBB complaint.

 

[Talya]

BREAK THROUGH!!!!!! I am so relieved! Everyone who has helped with this bless you all! Izzy you were so right - it looks like the BBB complaint got them moving. This is the e-mail I received today. (I will come on later and explain more in detail what I did in this whole process - because it had some particulars done differently from Izzy).

This email is to explain the cancellation process of your Sampler package and everything that needs to be done to finalize the cancellation. The cancellation process will go as followed:
1. In 10/15 business days from today you will receive an email to your email address at <>

2. In the Email will be a Mutual Release Agreement. I need for you to sign it and have it notarized. Please return it and the tablet if you received one, within 10 business days of receiving it.

3. Once it is received back here we will start the cancellation and refund process. All money will be refunded in the form in which it was paid.

The entire process should take no more than 30 business days to complete.
Please let me know if you have any questions or concerns with the cancellation process.​

 

[izzymail]

BREAK THROUGH!!!!!! I am so relieved! Everyone who has helped with this bless you all! Izzy you were so right - it looks like the BBB complaint got them moving. This is the e-mail I received today. (I will come on later and explain more in detail what I did in this whole process - because it had some particulars done differently from Izzy).

This email is to explain the cancellation process of your Sampler package and everything that needs to be done to finalize the cancellation. The cancellation process will go as followed:
1. In 10/15 business days from today you will receive an email to your email address at <>

2. In the Email will be a Mutual Release Agreement. I need for you to sign it and have it notarized. Please return it and the tablet if you received one, within 10 business days of receiving it.

3. Once it is received back here we will start the cancellation and refund process. All money will be refunded in the form in which it was paid.

The entire process should take no more than 30 business days to complete.
Please let me know if you have any questions or concerns with the cancellation process.​

Woo hoo!! Congrats.

 

[Talya]

My saga began with a very ill-advised purchase of a Sampler in Arizona. I have never had experience with timeshares - heard about them - but never experienced anything to do with them. I was given two nights free ($25) at a resort in Sedona with the understanding that I would attend a sales pitch. Okay.

Sales pitch lasted 90 minutes. At the end I thought I was leaving but was handed off to a younger, personable salesperson who pushed the $3995 Sampler package, good for 2 years - and there the whole thing went wobbly for me. Things the earlier salesman had said (at costs ranging upwards from $75,000 and much higher) conflated down to this $3995 Sampler. I saw the cost - made an interpretation - that I voiced to the salesman, but who never overtly denied my assumptions (one could argue he did so covertly). Basically I told him that I was about to go on a cross country trip, and had saved up $4,000 over 2 years to do just that. This Sampler looked to me like I was pre-paying my cross country lodgings at resorts as I made my way across the U.S. I thought I was getting a deal - we were now into an over 3 hour sales pitch - I was tired - and I caved, letting every normal sane habit fly out the window.

I should have -
1) Insisted on seeing all the paperwork relating to the offer, and then have taken that paperwork overnight to look at (to consult with family and friends, and google - note: I was alone in the presentation).
2) If I got told that my request to take all the paperwork overnight to study was impossible, that the offer was only good at that moment and not on the next day, WALK AWAY! And don't look back!

We won't go over the incredibly stoopid, stoopid, stoopidity (of me) in not reading the contract but allowing the (older) salesman to read a synopsis of each clause that I then initialed blindly, even the clause that said I could not rescind the contract (that clause he did not read or summarize btw - he just pointed and told me to initial 'there').

[EDIT: I believe this stupid behavior - described above - on my part was a function of being quite tired - and I am an 'oldster' by some years. Just plain and simple: I was exhausted and functioning with my original 'alternate understanding' of the Sampler's usability for my purposes. At some point I went into automatic and ceased critical thinking because I thought I had already figured it out. Plus I was trusting 'the nice salesman'. So add to the shoulds listed below this one: If one is getting too tired: WALK AWAY! If one is no longer fresh and bouncy, WALK AWAY!]

I should have -
3) Read every clause in the contract for myself and listened carefully to what the salesman was claiming was in the clause (if I had gotten that far to agree to sign a contract without having at least 1-3 days to go over it at my own pace). At the first sign that the salesman was altering content, WALK AWAY! And don't look back! Not a company one wants to do business with - ever! If they would lie at the sales pitch, what are they hiding in the grand scheme of things?
4) Never-Ever-Never sign a contract that says it cannot be rescinded! Full Stop.

Over the next couple of days I had buyer's remorse. I e-mailed the general manager of the resort and the salesman (who had given me his name and e-mail address - though the older salesman told him not to) - within three days of the sale. I asked how I could cancel the transaction. I never got a response.

There then followed days of anxiety as I explored on line and realized that their Sampler would be useless on my cross country trip - and that, in fact, I had to cancel my trip, which I did. (This all happened on September 1st - I had been scheduled to leave on my trip on the weekend of the 15th). As luck would have it I stumbled upon this chat site in all my googling - and started this thread. I was advised to contact a DRI Facebook page and did so. Between here and there -

I took this action (as advised) -
5) Sent a certified letter, with contract, requesting the contract be nullified and charge be cancelled, as I was in the 7 days cancellation window that by law I could not sign away that right, no matter what the contract claimed. I sent the certified letter to DRI in Las Vegas (address in contract) just within the 7 days rescind period for Arizona (where I purchased the Sampler).
6) I initiated a dispute on the $3995 charge to my AMEX Card. Amex took the charge off my card while the investigation was in process. I also sent the cc company a copy of the certified letter sent to DRI, plus a copy of the contract.

Within 3-4 business days I received a call from DRI in Las Vegas. It was pretty cut-and-dried. I had signed agreeing there would be no rescinding of the contract. It was here on this thread I had been told I could not sign away my legal rights and I used that in my argument with the DRI sales rep. However, there was no give in the matter. No rescinding - though she may have said the situation would be 'looked into'. A few days later I received a letter stating the contract was in effect and I owed DRI $3995. That was just under 1 month ago and there it has stood.

I was waiting for the cc company to make it's decision - meanwhile dialog was going forward on this thread and Izzy came on to give a detailed rendering of what s/he had done regarding their Sampler purchase, and what it took to get a refund. We communicated by e-mail and Izzy's documentation was considerable. I just never did it, until finally Izzy urged I go the BBB route. His strong belief was that it was the BBB complaint that got the result.

So, I went on-line and submitted a BBB complaint to the Las Vegas, Nevada office. Within 3 business days the BBB e-mailed indicating that my complaint had been forwarded to DRI for resolution.

I then started getting phone calls from an unknown number with no message until finally one message was left yesterday. It was DRI asking me to call as they had time-sensitive information on my membership. When I called (yesterday) it was a sales rep that was going to be handling 'my case' - meaning getting me on the tablet they had given me (which I'd never opened, or turned on) to sign onto my account, and get me going on my Vacation Planner. I informed him that I had a grievance submitted to the BBB and that my cc company was doing an investigation of the charge - and all I was interested in was getting the contract nullified and my cc account free of the $3995. I had no interest in the tablet - it had not been opened - and I would gladly send it back. He said he was surprised - that he would take me off his 'caseload' - and hung up promptly before I could ask him any questions.

The speed with which all this is happening - after the BBB complaint - is dizzying. We're talking in the space of 3-4 days.

Today, I got a phone message from DRI stating that I was being offered a resolution to the situation. I was being sent an e-mail with the conditions of the refund and rescinding of the contract. If I agreed with the e-mail, I need not call the DRI agent back. I have copied and pasted the e-mail in my post above.

DONE! And I can say that it does appear that it was the BBB complaint that got me what I wanted: rescission, and money back.

I think it's also handy to have the credit card company as leverage.

There are some interesting time sequences in the above scenario. Izzy is very knowledgable. I'll explain in my next post. But, Izzy, please jump in!