[ 2021 ] Timeshare company won't honor agreement I signed

[easyrider]

Yes the resort is in Mexico but the management of TS is Bel Air Vacation Club which is in USA.

If they are in the USA, file complaints with the BBB, Attorney Generals Consumer Protection Division of you state and the FTC.

Bill

 

[santer]

If they are in the USA, file complaints with the BBB, Attorney Generals Consumer Protection Division of you state and the FTC.

Bill

This harder than you think. I tried to file a complaint with the BBB but they want the address of the company which is unavailable. Their website does not show any address at all Bel Air Owners Circle

 

[easyrider]

This harder than you think. I tried to file a complaint with the BBB but they want the address of the company which is unavailable. Their website does not show any address at all Bel Air Owners Circle

Bel Air Vacation Club Vallarta | Better Business Bureau® Profile

This organization is not BBB accredited. Vacation Timeshare in Las Vegas, NV. See BBB rating, reviews, complaints, & more.

www.bbb.org

Contact Information

PO Box 96058
Las Vegas, NV 89193-6058
Get Directions
http://belairvacationclub.com/
Email this Business
(855) 230-2620

 

[santer]

Bel Air Vacation Club Vallarta | Better Business Bureau® Profile

This organization is not BBB accredited. Vacation Timeshare in Las Vegas, NV. See BBB rating, reviews, complaints, & more.

www.bbb.org

Contact Information

PO Box 96058
Las Vegas, NV 89193-6058
Get Directions
http://belairvacationclub.com/
Email this Business
(855) 230-2620

Thanks. I found it myself and filed a complaint with BBB. But it seems they are based in the USA, which means they could send my case to collections. But did you notice that they are unaccredited and have a rating of F? I wonder if those 2 details work in my favor when it comes to the fate of my credit rating. This is all so new to me. I'm confused, scared, angry. Bel Air offered me a deal where I can cancel by paying them 3000USD. I told them no. And am gearing up for a fight.

 

[santer]

This is the complaint I filed with BBB:


In 1997 I bought a timeshare from La Jolla Beach and Resort Club. The agreement I signed was a Right-to-Use 30 week membership contract, which included a provision to end the membership and any obligation to pay the annual maintenance fee by simply sending a letter to the administration of the resort called Desarrolos Turisticos Gran Vision (see La Jolla Rules and Regulations articles 36 and 39). La Jolla Beach Club has since gone out of business. The property changed hands first to Playa del Sol, and finally to Bel Air Vacation Club. This year I tried to exercise my right to end the membership, but was informed that Bel Air Vacation Club had amended the agreement and now demands that I pay 3000USD to end my membership. They never informed me of this amendment. Nor did I ever sign an agreement with them. Yet they insist that the agreement I signed with La Jolla is "subject to change." While there is some language in the agreement that indicates the possibility of some kind of amendment (see Declarations Eighth Clause), it is unclear which entity has the authority to effect such an amendment and whether denying me my right to end my membership is within the authority of Bel Air. Bel Air never informed of this amendment, much less was I given an opportunity to end the membership before the amendment took effect. I feel, therefore, that Bel Air Vacation Club is operating in bad faith in their interpretation of the contract by denying my right to end my membership.

Desired Settlement:
Bel Air Vacation charges should end my membership without any further financial obligation from me.

 

[santer]

I really doubt it will be reported, and if it is, you have the right to submit a mitigating letter to the credit agency. That won't be nearly as costly as ongoing fees on a TS you don't want. For starters, they'd have to hire a law firm who can practice in your state to bring judgement. I'd stop paying and make them fish or cut bait.

Why would they have to hire a law firm? I thought they just hand it over to a collection agency and if I don't cough up the money, the collection agency reports it to the credit agency. The only party that needs a lawyer is me.

 

[santer]

Then neither are you. So you should stop paying your dues. They can't have it both ways. Besides it's highly unlikely a timeshare company in Mexico would be able to ding your credit rating.

The resort is in Mexico but the TS management is in USA

 

[santer]

Are you quoting your agreement and providing a copy of it when you send them the letter telling them you are terminating?

There is clause that says all the rules and regulations are subject to change. That's how they justify not honoring what I originally signed

 

[Passepartout]

Why would they have to hire a law firm? I thought they just hand it over to a collection agency and if I don't cough up the money, the collection agency reports it to the credit agency. The only party that needs a lawyer is me.

In order to get a judgement- in other words to attach or garnish money or property from you would require them bringing suit against you. Hence a law firm. Yes, they can give you a credit ding, but that doesn't force you to pay them anything.

I still maintain that they will drop this whole sordid mess when (if) you present the supporting documents that whatever agreement they had died when the TS changed ownership. It's worth nothing and you have zero ownership interest. It's an RTU and you're done. Full Stop.

 

[santer]

In order to get a judgement- in other words to attach or garnish money or property from you would require them bringing suit against you. Hence a law firm. Yes, they can give you a credit ding, but that doesn't force you to pay them anything.

I still maintain that they will drop this whole sordid mess when (if) you present the supporting documents that whatever agreement they had died when the TS changed ownership. It's worth nothing and you have zero ownership interest. It's an RTU and you're done. Full Stop.

So you disagree with ty1on who wrote:

When Bel Air bought the rights to these contracts, they became bound to the contracts under their existing terms, and the other parties are bound to the contracts as if they never changed hands, only with Bel Air instead of DTGV as party to the contract terms.

 

[Passepartout]

So you disagree with ty1on who wrote:

When Bel Air bought the rights to these contracts, they became bound to the contracts under their existing terms, and the other parties are bound to the contracts as if they never changed hands, only with Bel Air instead of DTGV as party to the contract terms.

I don't have a dog in this fight. At max, you only have 4 more years to pay on this, and for that, you can have some nice vacations. My opinion only- and I'm not a lawyer. I don't think there is enough upside for them to proceed with a lawsuit to seize your assets to satisfy a MF bill. They can write a credit ding, but you can write a mitigating letter that portrays them as money grubbing creeps. Your mitigating letter MUST accompany any credit report, and we hear that potential creditors look at timeshare- especially MEXICAN timeshare MF defaults as positive. You have that much more disposable income to pay for whatever they're trying to sell you.

In the end, YOU are the one who has to make the decision of whether to default or not. It's your money.

 

[easyrider]

In order to get a judgement- in other words to attach or garnish money or property from you would require them bringing suit against you. Hence a law firm. Yes, they can give you a credit ding, but that doesn't force you to pay them anything.

I still maintain that they will drop this whole sordid mess when (if) you present the supporting documents that whatever agreement they had died when the TS changed ownership. It's worth nothing and you have zero ownership interest. It's an RTU and you're done. Full Stop.

Most of the credit collection companies have an in house attorney or one on retainer. They will have the prove the debt to get a judgement. Even if they do everything to collect there are problems like with many seniors who are collecting social security as their main income, they are judgement proof because often there is nothing that can be taken.

The contract was signed in Mexico and follows the laws in Mexico, not the USA. That is the main defense, imo.

Bill

 

[santer]

I don't have a dog in this fight. At max, you only have 4 more years to pay on this, and for that, you can have some nice vacations. My opinion only- and I'm not a lawyer. I don't think there is enough upside for them to proceed with a lawsuit to seize your assets to satisfy a MF bill. They can write a credit ding, but you can write a mitigating letter that portrays them as money grubbing creeps. Your mitigating letter MUST accompany any credit report, and we hear that potential creditors look at timeshare- especially MEXICAN timeshare MF defaults as positive. You have that much more disposable income to pay for whatever they're trying to sell you.

In the end, YOU are the one who has to make the decision of whether to default or not. It's your money.

The credit ding is an issue for me since I may want to buy a house within the 7 year period that the mark is on my record.
Can you explain this a little more:
"we hear that potential creditors look at timeshare- especially MEXICAN timeshare MF defaults as positive"
Thanks for your advice

 

[Passepartout]

The credit ding is an issue for me since I may want to buy a house within the 7 year period that the mark is on my record.
Can you explain this a little more:
"we hear that potential creditors look at timeshare- especially MEXICAN timeshare MF defaults as positive"
Thanks for your advice

If you are asking if I can name names, I can't. Sorry.

 

[Passepartout]

If you are asking if I can name names, I can't. Sorry.

@santer
I'm not trying to be evasive or difficult. On TUG, we get literally hundreds of 'how do I get out of my Mexican TS' requests. We give pretty much the same information to all of them. The vast majority are new posters- much like yourself. Whether they take the information and act on it, we'll never know. They almost NEVER come back and tell us how it went. Once in a while, someone who didn't read their contract and let the rescission period slip away, we've told them to plaster social media with bad reviews. Some have said they got out of their contract with the condition that they recant or remove the bad reviews.

All TS outfits treat their defaulting customers differently and ALL collection agencies are jerks who browbeat people into paying debt they may or may not owe. What they get is theirs. What you keep is yours.

Anyway. We wish you well on your quest. There is NO perfect answer, except to pay the next 4 annual fees, and let the TS expire. Buy your house and have great success.

We have done what we can do.

Jim

 

[bjones9942]

The credit ding is an issue for me since I may want to buy a house within the 7 year period that the mark is on my record.

You've given yourself the answer you're looking for. You want the possibility of damaging your credit score, then walk away; otherwise take Passepartout's advice and use your weeks for the next four years until the contract term expires. Or pay the $3,000 (probably close to your MF's for the 4 years) exit fee and be done. It is as simple as that.

 

[santer]

@santer
I'm not trying to be evasive or difficult. On TUG, we get literally hundreds of 'how do I get out of my Mexican TS' requests. We give pretty much the same information to all of them. The vast majority are new posters- much like yourself. Whether they take the information and act on it, we'll never know. They almost NEVER come back and tell us how it went. Once in a while, someone who didn't read their contract and let the rescission period slip away, we've told them to plaster social media with bad reviews. Some have said they got out of their contract with the condition that they recant or remove the bad reviews.

All TS outfits treat their defaulting customers differently and ALL collection agencies are jerks who browbeat people into paying debt they may or may not owe. What they get is theirs. What you keep is yours.

Anyway. We wish you well on your quest. There is NO perfect answer, except to pay the next 4 annual fees, and let the TS expire. Buy your house and have great success.

We have done what we can do.

Jim

The problem with paying the next 4 annual fees is that TS may add an additional charge, a disposal fee, to close my account. If they have the power to change the terms of original contract, what stops them from charging some kind of disposal fee after I have made all my payments? They have already proven themselves to be a bunch of scammers.

 

[Passepartout]

The problem with paying the next 4 annual fees is that TS may add an additional charge, a disposal fee, to close my account. If they have the power to change the terms of original contract, what stops them from charging some kind of disposal fee after I have made all my payments? They have already proven themselves to be a bunch of scammers.

That's a chance you take. You're the one in bed with them. We have given you our best options. At some point you have to decide what's in YOUR best interest. Maybe it's a simple default and let the chips fall where they may. Maybe you'll decide to smear their name all over the internet travel sites and force them to pay you to cease. Maybe you'll decide to pay the 4X annual fees and be done. It's up to you.

I wish you peace with your decision.

 

[santer]

@santer
I'm not trying to be evasive or difficult. On TUG, we get literally hundreds of 'how do I get out of my Mexican TS' requests. We give pretty much the same information to all of them. The vast majority are new posters- much like yourself. Whether they take the information and act on it, we'll never know. They almost NEVER come back and tell us how it went. Once in a while, someone who didn't read their contract and let the rescission period slip away, we've told them to plaster social media with bad reviews. Some have said they got out of their contract with the condition that they recant or remove the bad reviews.

All TS outfits treat their defaulting customers differently and ALL collection agencies are jerks who browbeat people into paying debt they may or may not owe. What they get is theirs. What you keep is yours.

Anyway. We wish you well on your quest. There is NO perfect answer, except to pay the next 4 annual fees, and let the TS expire. Buy your house and have great success.

We have done what we can do.

Jim

Ok. I have three possible routes:

1) Continue paying the maintenance fees for another four years, and risk being charged a disposal fee on top of that
2) Walk away today and risk a credit ding
3) Pay the 3000; but perhaps they'll demand more? Especially since I left a rather nasty review at the BBB

I still need more information about the credit agency fallout from walking away. I.e., how long will it affect my stellar credit score of 829? How hard will it be to dispute? I have an appointment on friday with an advisor from credit.org

Unlike the other members of this forum, I'll use this thread to keep you posted on how this turns out.

One other thing. I left a nasty review at Facebook as well. Can your recommend any other social media sites that I can plaster with bad reviews?

Thanks for your help

 

[JeffC]

Trip Adviser

 

[Passepartout]

Unlike the other members of this forum, I'll use this thread to keep you posted on how this turns out.

One other thing. I left a nasty review at Facebook as well. Can your recommend any other social media sites that I can plaster with bad reviews?

Thanks for your help

Expedia, Tripadvisor, the resort's (or owner's) website or fb account. Craigslist travel listings. If you become a TUG member, you can post reviews here, but not as a guest. Cautionary notes about predatory practices. Make 'em look for your posts, but put 'em where people shop for a Mexican vacation. One thing's sure, they HATE bad reviews they have to explain.

 

[Ty1on]

So you disagree with ty1on who wrote:

When Bel Air bought the rights to these contracts, they became bound to the contracts under their existing terms, and the other parties are bound to the contracts as if they never changed hands, only with Bel Air instead of DTGV as party to the contract terms.

Since I wrote that, I've come to understand that terms of voluntary termination aren't in the actual contract you signed, but some document that isn't legally binding. Am I wrong in that understanding?

 

[Eric B]

Since I wrote that, I've come to understand that terms of voluntary termination aren't in the actual contract you signed, but some document that isn't legally binding. Am I wrong in that understanding?

I believe the Third and Eleventh clauses to the contract that was posted act to allow voluntary termination by the member resulting in liquidated damages equal to the amount paid for the contract. Of course, I'm not a Mexican lawyer and don't intend this as providing legal advice to anyone, but that's how they read in plain English.

I had also seem to remember seeing somewhere before (maybe an old version of the profeco site) that a timeshare contract in Mexico wouldn't really be enforceable ifit isn't in Spanish.

 

[Ty1on]

I believe the Third and Eleventh clauses to the contract that was posted act to allow voluntary termination by the member resulting in liquidated damages equal to the amount paid for the contract. Of course, I'm not a Mexican lawyer and don't intend this as providing legal advice to anyone, but that's how they read in plain English.

I had also seem to remember seeing somewhere before (maybe an old version of the profeco site) that a timeshare contract in Mexico wouldn't really be enforceable ifit isn't in Spanish.

If it's in the contract (which I didn't see posted and don't care to read anyway), then I revert to what I originally wrote.

 

[santer]

Since I wrote that, I've come to understand that terms of voluntary termination aren't in the actual contract you signed, but some document that isn't legally binding. Am I wrong in that understanding?

Voluntary termination not explicitly in contract but stated in a document called Rules and Regulations , which contract refers to