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[ 2015 ] What have I done?? Change of heart

mjf0818

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Hi
I just returned from 4 weeks in Aruba as a guest and renter, and while there I went on a presentatin at the Divi Links and Golf Resort because there were sales people on the beach at LaCabana (where I stayed) offering a "free week's vacation" for anyone willing to sit through a 90-minute sales presentation.
Additionally, I met several people on the beach who told me they went to this presentation and did receive a "free week" from Divi and that there were no strings attached. So that's where my story begins.

I love Aruba and have been vacationing there for several years as a renter / and or guest and know that Aruba is where I'd like to continue to vacation, so I thought
"why not go to this presentation?"

So much for the 90-minute sales presentation ~~ they must have seen that I was a good target as I was alone and they placed me with a very handsome young salesman who really wound up talking to me for over 4 hours (not 90 minutes) ~~~ additionally, whenever I indicated I wanted to leave to think this over and let them know, he then introduced me to his
"tag team" which consisted of two "Managers" who kept pressuring me and "adding" additional perks to my deal and "wooing" me into promises of "unlimited getaway packages", "Platinum card membership", free maintenance for the first year, and promises of airline discounts, etc. I was literally there for over 4 hours and I kept telling them I needed to go home and think about this deal they were offering. Of course my "special deal" was only good for the day I was there (March 2nd) --- of course

Bottom line is I was so very overwhelmed by these 3 highly talented smooth-talking, good looking Aruban men that ~~~ yes here it is ~~~ I gave a deposit and signed a contract (which I never even read because it was pages and pages long and they kept telling me to trust them and that I was given this special deal only because I had brought another couple with me who were also purchasing that day)

So now that I'm home I'm too embarassed to mention what I did to my friends or family because I signed a 40-yr contract and put down $3,275 as a deposit and owe a balance of $29,000.
I am 67 years old and I don't even have 40 years to live !!! They told me I could "will" or "deed" this to my daughter but she is a single mother raising a child and could never even afford the yearly maintenance fees no less the airfare costs from NY to Aruba ~~~ again, what was I thinking??

I signed this agreement on March 2nd, and now I know it was probably the single most stupid thing I have ever done. As I reflect on this, I also wonder what kind of lack of integrity these salesman must have pressuring me into this deal until I finally caved and gave in to signing.

Luckily I met a woman last night who told me about TUG and she suggested I write to you for advice.

I realize I most likely will have to forfeit or "eat" that $3,750 deposit, but there is NO WAY I want to continue to be this stupid and pay the balance of this contract. In fact, my first payment is due in May they said if I finance with Divi ~~~ which I had no intention of doing from the begining but I need to do something before I receive a bill from them for the first payment due.

I am praying and hoping that someone at TUG can now give me advice as to what my options are at this point and how I should proceed in trying to get out of this "deal" with Divi. As I said there is NO WAY I want to give them any additional funds.

I would appreciate any advice and suggestions you can give me as to what options I have now. Thank you all for hearing my story, and I'd like to thank you in advance for any assistance I can get at this point.

God Bless,
Marilyn F.
 
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DavidnRobin

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Get out - forget the money if you have to.
if you put on credit card - dispute it - saying it was misrepresented.
If you don't care about a potential hit to your credit (do you care at 67yr?) - then walk away
 

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5finny

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Check the contract (or have someone check it for you)
If it has a recession period exercise it
Just reread your post you signed in early march probably too late to rescind ( if that ever was an option)
I would check anyway
 
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topmom101

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After clicking on the link that Beaglemom3 provided and reading all the posts I am shocked at how many people have a similiar, if not identical, story to tell.... all of them scammed by the Divi Resort in Aruba. I actually did not think the Divi would resort to such tactics.

I am the "woman" who the OP refers to as the one who suggested she look to TUG for help. I met Marilyn a few days ago and as we, both lovers of Aruba, began to swap stories, she shared her plight. If I have learned anything since joining TUG almost 2 years ago, is that you never pay developer's prices. All of my timeshares, except for the Playa Linda in Aruba were purchased on EBay and my Divi Phoenix was given to me by a fellow Tugger. My immediate reaction was to tell her about the wonderful people at TUG and urge her to join our community.

Thank you all for providing Marilyn with the advice and encouragement she needs.
 

Passepartout

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Stories like Marilyn's simply make me sick to my stomach. Too much to spend. Won't outlive the TUG. Heirs don't want, can't pay the MF.

Frankly, unless Marilyn REALLY, REALLY needs her credit for something extremely important within the next year or two, I would default. Lose the down payment, and force a foreclosure- which they won't, because there is no deed. If she's going to buy a new car or home, do it first.

I just don't see a solution that gets her out, gets her money back, and terminates the contract.

Why, oh why don't people read what they sign?

Jim
 

DavidnRobin

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Marilyn ^^^^^ this ^^^^^
get out of this - be bold - act quickly
makes it easy if you do not care if this hits your credit (may not happen anyway)
Good luck to you.
 

theo

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Joining the chorus --- GET OUT!

The following input is not offered or intended to constitute legal advice nor is it offered or presented as a substitute for legal advice.
It is my personal opinion --- no more, no less; follow or ignore it as you may see fit.

While it is surely too late to formally rescind (cancel) a contract voluntarily executed back in March, the prudent thing to do under the circumstances is to at least request (in writing only) voluntary release from the executed RTU contract. Almost certainly, that request will not be granted. Before submitting this request, cancel the credit card on which the deposit was made, thereby preventing any future unauthorized charges at any time by anyone. You can dispute the deposit charge with the credit card issuer, but you will not ultimately prevail if you voluntarily signed a legally valid contract, which clearly appears to be the case. Get that card cancelled, regardless.
If you signed anything authorizing periodic / automatic bank withdrawals for making payments, get to your bank ASAP and stop and reverse that authorization.

Within the same written correspondence to the resort, clearly inform them that you have no intentions of making any further payments in any amount at any time, with or without their voluntarily releasing you from the contract. An entity in Aruba is unlikely to undertake negative credit reporting in the U.S. if / when you default.
If you are concerned about a negative credit reporting possibility, then biting the bullet and paying up remains an (unwise and overly expensive) available option.

The $3.2k deposit is gone and, almost certainly, gone forever. It's probably best to just accept and come to terms with that fact and regard this unfortunate matter as a costly mistake but also a learning experience. That being said, don't make it any more costly by pouring more of the $26k contract balance down the drain.

With all due respect, if you (OP) can afford annual multi-week vacations to Aruba, then your life is obviously not going to be "ruined" by forfeiting that $3,275.
Put this behind you with a humbling lesson learned and move on.

Just my bluntly honest personal opinion and frank observation, for whatever it may be worth.
 
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Larry

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. An entity in Aruba is unlikely to undertake negative credit reporting in the U.S. if / when you default.
If you are concerned about a negative credit reporting possibility, then biting the bullet and paying up remains an (unwise and overl

Just my bluntly honest personal opinion and frank observation, for whatever it may be worth.
FYI; Divi resorts is headquartered in the USA. I believe that their corporate headquarters are in North Carolina.
 

theo

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Good additional info...

FYI; Divi resorts is headquartered in the USA. I believe that their corporate headquarters are in North Carolina.
Thanks for that. This additional bit of information of course means a significantly higher likelihood of both active collection efforts and formal negative credit bureau reporting if the OP decides to immediately cease all further payments and just default on the RTU contract.

It's a personal decision for the OP to make on her own of course, but I for one still can't see "going to the hip" for an additional $26k merely for access to a single week in Aruba each year, despite the fact that the $3.2k deposit is now surely irretrievable and gone. Accordingly, my previous input stands intact and unchanged. YMMV.
 
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Passepartout

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FYI; Divi resorts is headquartered in the USA. I believe that their corporate headquarters are in North Carolina.
This may indeed mean more likelihood of aggressive collection activity if the OP decides to default, but because (as I read the OP) this is an RTU, so there is no threat of foreclosure to use as a 'hammer'. For a person of 67, who can afford annual, multi-week stays in the Caribbean, I'd suspect that a high credit score is of less actual monetary value than for a typical young family.

I'd still seriously consider defaulting and telling the collectors to pound sand.
 

Patri

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Aww Marilyn, so sorry to read this. I was expecting you to be in your 20s, since those handsome men got to you. :D
Very slick and unethical tactics were used on you. But you are a smart woman who trusted someone, just like thousands of others. So hold your head high. And keep your money. You will lose the down payment, but don't give them anything more. And if you ever go back to Aruba, stay somewhere else!
PS What about your friends who also bought?
 

topmom101

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Hi all, yes, you will hear again from Marylin. I have spoken to her via phone several times since she posted her story. She has an old and slow laptop and isn't very computer savvy but I know she called the credit card company (Amex) and had an encouraging conversation with a symphatetic agent who promised to help in any way possible. She has already received and paid her Amex bill so I don't know what will come from that. We'll have to see. I have read to her some of your responses and she's so very grateful.
 

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I bought a $13,000 week at Bonnet Creek in 2009 and came on here for advice the next day. The normal "rescind" timeframe is 10 days. I did it and took all the advice from here. Got rid of the Wyndham flagship Premium, Plus, Platinum etc.
Bought the same week for $700 from someone who never used it and and I bought another Wyndham property for $1 to get more points. I have been a happy exchanger since 2009. I get a lot out of my timeshare. Maybe in 40 years you'd get more than $29k out of it, but I agree with the above advice and I hope, hope, hope it works. I'd like to know. GOOD LUCK!
 

theo

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Hi all, yes, you will hear again from Marylin. I have spoken to her via phone several times since she posted her story. She has an old and slow laptop and isn't very computer savvy but I know she called the credit card company (Amex) and had an encouraging conversation with a symphatetic agent who promised to help in any way possible. She has already received and paid her Amex bill so I don't know what will come from that. We'll have to see. I have read to her some of your responses and she's so very grateful.
Please reinforce clearly to Marilyn that she definitely needs to get the current account number changed on that Amex card, in order to avoid any future unauthorized charges by the slimy sales weasels as individuals and / or by Divi as a business entity.

In the end, I sincerely doubt that Amex can ultimately do anything for her in regard to the down payment made on a valid contract, voluntarily executed --- but I would be delighted to be mistaken if Divi somehow later willingly "gives it up".
 
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topmom101

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Thanks, Theo, I will call her immediately and definitely pass that information to her.
 

AnnaS

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Good luck to Mariyln - I am curious how it all turns out.

I wish she had met you a bit earlier topmom101.
 

topmom101

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Yes, me too, Anna. Marilyn and I met thru some mutual friends who also love and regularly travel to Aruba and could very well be unsuspecting potential victims of this exact kind of unethical sales practice but you can be sure that we will spread the word loud and clear.
 

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I understand that this is an old thread and it has been resolved.

However if this happens to someone else, I would be more than happy to share my experience with the Divi and how I successfully rescinded our contract.

Please email me (I am not a regular on this forum) and I will be happy to share the information that I gathered. You are not alone in the fight, it is a sickening feeling that I never want anyone else to have to go through.

Click my user name to the left and select "Send email". I will get back to you as soon as I possibly can.
 

theo

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Color me dubious...

<snip> Click my user name to the left and select "Send email". I will get back to you as soon as I possibly can.
...but be aware and clearly advised before doing so that "send email" will also reveal to the above (...first time guest poster, newly registered on TUG just today, of indeterminate actual intent or purpose) recipient your email address, which may well not be something you wish to reveal to an unknown person of unknown intent.
I know that I certainly would not choose to do so, but YMMV. TUGBrian's astute observation above is also not without merit and should give readers some pause...

Sending a PM (private message) on the other hand does not disclose the sender's email address to you, our suddenly appearing but unknown "benevolent savior".
Is there any particular reason that you, on your first day and first post here, would not accept and use that particular PM avenue of communication instead? :ponder:
 
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Passepartout

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Well, if indeed the newbie is indeed innocently wishing to just share his/her experience in rescinding their contract, and are not regularly signing on to TUG, they would never see a PM. Safer for someone looking to contact them, sure, but also ineffective.

A better tactic, if the poster truly wants to help another victim of Divi, would be to simply post their experience, and include names, numbers, contacts, and let the chips fall where they will.

Jim
 

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I am not trying to be deceitful in any way. I realize it sounds fishy...I get that. I am just being careful about what information I share online. I don't really want someone coming after me for giving out legal advice, as I am not a lawyer. I do not own a Rescission Company.

This is not legal advice! This is only my personal success experience at rescinding a contract with Divi. Your experience and success may vary with my results.

My wife and I fell victim of predatory marketing by the Divi in Aruba. I grasped at any straw available as soon as we got Stateside to rescind our contract. I madly searched the internet for about 14 hours straight trying to find out what to do. There was no handbook, no layout...nothing that said "hey, do this...it worked for me!"

First off, from what I gathered, you have 5 days to make your rescission known to Divi (North Carolina law I believe). Time is of the essence. Stop Payment on any Check/Card that a deposit was made on if possible.

I wrote the following letter and send it (with a copy of the contract and RCI contract) via certified express mail:

"Gentlemen:

Regarding Contract No. XXXX for purchase of a timeshare at Divi Village Golf and Beach Resort as well as RCI Participation Points Participation Agreement #XXXXX. We are exercising our legal right to cancel this (these) contract(s). We expect a full refund of our deposit of $XXXX.XX. I do not authorize any charges or inquiries to XXX or XXX XXX's checking account(s) or credit card(s).

Please confirm my legal rescission in writing.

Sincerely,"


This was sent express certified mail to the following postal addresses:

To: Divi Village Golf and Beach Resort
Attn: General Manager
J. E. Irausquin Blvd. #93
Aruba

To: Divi Hotels Marketing, Inc.
6320 Quadrangle Dr.
Suite 210
Chapel Hill NC 27517-8078

To: RCI Points
P.O. Box 2099
Carmel, IN. 46082
 
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