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

[DazedandConfused]

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.

 

[nazclk]

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??

 

[MuranoJo]

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.

 

[mikefromcharlotte]

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??

 

[Karen G]

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.

 

[thumper]

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.....

 

[pacodemountainside]

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!

 

[Passepartout]

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

 

[Nielle84]

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!

 

[pacodemountainside]

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?

 

[bshmerlie]

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

 

[Nielle84]

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!

 

[bsun888]

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

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

 

[Karen G]

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.