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jp84

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i have same kind of experience with sunset ,,, i cancelled contract after 15 days ...through email no responses ...i disputed charges $6000 capital one reverse charges back again in myside ...i summited all documents they say u have to talk to merchant .i am calling sunset so many times no one response me back ....i am just frightened and scare ... what i do next step ..i already change my card but $6000 huge amount for me ...anyone can help me or get me some guidance ..thanks
 

kreeket

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So i just got an email from sunset:

"Just to inform you that the banking dispute filed by the still partner has been rejected since it is not applicable. Likewise, you are informed that, since an agreement has not been reached, everything related to the legal collection ofbthis contract will be handled by one of the collection agencies that will be assigned for the formal recovery of the signed promissory notes."

Should I be worried? I haven't heard from my credit card company yet..
 
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Hi,

I am new to this website and I have the exact same case as moonster. Signed the contract on Feb 8, 2024. I was going to have them sign the cancellation letter i made today Feb 9 but no one’s in the office when I went there. I asked the concierge and found out that they are closed tomorrow which is my last day here at the resort. I have already emailed them and cc’d PROFECO. (Can someone verify sunset world and profeco’s email for me? so many come up when i try to search them online). Then, I will be sending a registered mail when I get back to the US on Monday, Feb 11 which technically is only the 3rd business day since purchase. I am planning to send them both their florida and mexico address. I’ve been having so much stress and anxiety during this vacation. What do you think of my plan? Should I dispute the deposit charge? Or wait until they respind then dispute? Thank you so much for y’all help
 
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Hi,

I am new to this website and I have the exact same case as moonster. Signed the contract on Feb 8, 2024. I was going to have them sign the cancellation letter i made today Feb 9 but no one’s in the office when I went there. I asked the concierge and found out that they are closed tomorrow which is my last day here at the resort. I have already emailed them and cc’d PROFECO. (Can someone verify sunset world and profeco’s email for me? so many come up when i try to search them online). Then, I will be sending a registered mail when I get back to the US on Monday, Feb 11 which technically is only the 3rd business day since purchase. I am planning to send them both their florida and mexico address. I’ve been having so much stress and anxiety during this vacation. What do you think of my plan? Should I dispute the deposit charge? Or wait until they respind then dispute? Thank you so much for y’all help
Update: i sent the cancellation letter to my sales associate via whatsapp. I have screenshots of the message being delivered and read by her. at this point, i’m just trying to get all the proof i can get that i rescinded within the 5 days. The stress and anxiety this resort has given me is craaazzyy
 

T-Dot-Traveller

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Hi @stressanxiety
Welcome to TUG . I hope your flight home went well and was stress free.
You are rescinding properly.

I would mail a rescind letter to the address's in Mexico and Florida .
Keep it short : saying you are exercising your legal right to rescind contract number xxx signed on Feb xx within 5 business days as specified in Mexican consumer law . [You may also want to add a photo copy of some part of the contract]

Make sure it is signed and that you get a dated receipt from the post office. Keep a copy for yourself and ask the post office staff if you can take a cell picture of the receipt and stamped envelope before it goes in the mail. [ this provides you with an additional dated proof since the cell photo date stamps itself ]

I would then call your credit card issuer to dispute the charge. If they ask for proof of a proper rescind you have it multiple ways.
[ Don't cancel the card / card number at this point - as that is how you get your deposit refund.]

Please relax . A rescind is like returning a pair of pants to a retailer for full credit.
This resort seems to make the process more difficult but legally {under Mexican law] they are required to give you a full refund.
 
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Hi @stressanxiety
Welcome to TUG . I hope your flight home went well and was stress free.
You are rescinding properly.

I would mail a rescind letter to the address's in Mexico and Florida .
Keep it short : saying you are exercising your legal right to rescind contract number xxx signed on Feb xx within 5 business days as specified in Mexican consumer law . [You may also want to add a photo copy of some part of the contract]

Make sure it is signed and that you get a dated receipt from the post office. Keep a copy for yourself and ask the post office staff if you can take a cell picture of the receipt and stamped envelope before it goes in the mail. [ this provides you with an additional dated proof since the cell photo date stamps itself ]

I would then call your credit card issuer to dispute the charge. If they ask for proof of a proper rescind you have it multiple ways.
[ Don't cancel the card / card number at this point - as that is how you get your deposit refund.]

Please relax . A rescind is like returning a pair of pants to a retailer for full credit.
This resort seems to make the process more difficult but legally {under Mexican law] they are required to give you a full refund.
Thank you!!! I am feeling a lot better knowing that I enough time to resolve this. Thanks so much for your help!! I will give an update once I hear from them
 

Naituogana:(

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Hello Eagle23!

Any updates on your refund?

Sunset has been refusing my refund due to same reasoning - that I used their services already. Also, they're offering to cancel without refund if I take an international week certificate 8 days 7 nights for 8 people
Hello,
I’m new to tuggbbs. We travelled on January 2024, I have the same situation with Sunset Royal, I was told refund was not possible. and they use Article 56 to tell me I already used their services (just the free tours, dental discount and airport transportation). They acknowledged that I was within the 5 business day period but cannot refund my money. Instead, they are offering 2 free weeks at Tres Rios, free corporate weeks and additional weeks with big discounts. I insisted I don’t want but they also insist it’s better that way rather than losing my money. I told them I contacted PROFECO but it seemed it was no use as what I read in some complaints here they are of no use. I also checked with VISA and they are in process. Hopefully everything is good.
 

Naituogana:(

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I have mastercard. I locked my card when I disputed the charge and when I followed up with the CC company so far they have not attempted to charge the monthly payments. I still have my card locked to date just in case they try. I did receive an email from sunset stating that i missed my monthly payments and told me to pay it with no interest. I emailed them back that I cancelled the contract and I owe them nothing. Maybe you can follow up with your credit card company and lock your card perhaps if your concerned about them charging anything. If they do, I guess you will have to dispute it again. I received the provisional credit a month after my dispute. I followed Moonster's dispute pr

Hello again! Just wanting to verify if you are emailing (or you emailed) csc@sunset.com.mx? that’s the only email i got for the but not sure it’s even the right one
Hi, I sent a message to that email address but no response. Try this one, clubsunsetvlo3@sunset.com.mx. I am now given an ultimatum that if I don’t take their offer, I will lose everything because there is no refund.
 

Naituogana:(

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Hi! I'm new to this forum, I filed a dispute with my CC, I got a provisional credit. I am in a similar situation, have been threatened by apparently a representative of Club Sunset when I kept repeating myself that I cancelled the contract within 5 business days and according to the representative I cannot cancel the contract as the credits has been activated and he was referring to the incentives/gifts that was given to sign the contract (international week certificates, 7 day all inclusive in one of their hotels, etc.). After 3 months I have received an email that I have a balance due of missed monthly payments. I was wondering if you have received any notices from them, if so, did you do anything about it? thank you, I appreciate the response.

Hi! I'm new to this forum, I filed a dispute with my CC, I got a provisional credit. I am in a similar situation, have been threatened by apparently a representative of Club Sunset when I kept repeating myself that I cancelled the contract within 5 business days and according to the representative I cannot cancel the contract as the credits has been activated and he was referring to the incentives/gifts that was given to sign the contract (international week certificates, 7 day all inclusive in one of their hotels, etc.). After 3 months I have received an email that I have a balance due of missed monthly payments. I was wondering if you have received any notices from them, if so, did you do anything about it? thank you, I appreciate the response.
Hello,
I have almost exactly the same situation. Guy from Sunset said refund is not possible because I have used the gifts (free tours and airport transpo). Now, he’s telling me I need to decide by tomorrow and accept the offer because collections department is on his ass or I am going to lose my money.
Because I used $1300 worth of incentives/gifts they will keep my $14k. Total BS. I even told them to just deduct it from the downpayment but no they want the whole pie. Unbelievable.
 
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Thank you!!! I am feeling a lot better knowing that I enough time to resolve this. Thanks so much for your help!! I will give an update once I hear from them
Hello again everyone!

Here’s an update: I called member services this morning and verified their email address ( csc@sunset.com.mx ) and followed up with my cancellation process. I spoke to a lady named Sol and she said they received all my emails and they will cancel my membership. 😭🙏🏾 She told me that there’s no need for me to send a registered mail copy of the letter because my initial email is good enough but I still did anyway because I wanna make sure this contract is cancelled forever! She also said that they will refund all my money within 15 days. I notified my bank and they told me to file for dispute if I don’t receive anything within those days. I will still contact them from time to time to get updates on my refund and I will update this page.
 

Naituogana:(

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Hello again everyone!

Here’s an update: I called member services this morning and verified their email address ( csc@sunset.com.mx ) and followed up with my cancellation process. I spoke to a lady named Sol and she said they received all my emails and they will cancel my membership. 😭🙏🏾 She told me that there’s no need for me to send a registered mail copy of the letter because my initial email is good enough but I still did anyway because I wanna make sure this contract is cancelled forever! She also said that they will refund all my money within 15 days. I notified my bank and they told me to file for dispute if I don’t receive anything within those days. I will still contact them from time to time to get updates on my refund and I will update this page.
Seems like not all the employees there are crooks, if you get your refund within 15 days, that will prove it. When I got the call, I was immediately told that I cannot get a refund just credits (free weeks and discounts). Hopefully yours will be settled soon, mine still ongoing headache.
 

jules54

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Your credit card company wants to know you tried to contact the merchant before they cancel or reverse the charge. You have even if they give you some BS answer just keep on the credit card company.
 
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@Moonster and @Rpvc did they keep charging your card after the dispute? I know it’s been almost a year since your situation happened. i’m just curious if the harrasment still continued and if they sent your case to collection agency or something.
 

Moonster

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@Moonster and @Rpvc did they keep charging your card after the dispute? I know it’s been almost a year since your situation happened. i’m just curious if the harrasment still continued and if they sent your case to collection agency or something.
I paid in full and wasn't on a payment plan, after I got my refund through the bank I wasn't charged anything else. I really doubt they would sell your debt to collections, I don't think collecting foreign debts is a common thing, if you cancelled within 5 days they wouldent have a leg to stand on anyways.
 

Moonster

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So i just got an email from sunset:

"Just to inform you that the banking dispute filed by the still partner has been rejected since it is not applicable. Likewise, you are informed that, since an agreement has not been reached, everything related to the legal collection ofbthis contract will be handled by one of the collection agencies that will be assigned for the formal recovery of the signed promissory notes."

Should I be worried? I haven't heard from my credit card company yet..
Hey, sorry I didn't see your post earlier.

Did you confirm with the bank that your dispute was declined? If it was declined you still have options, you can (with evidence) send the case to arbitration, in these cases a Visa/MC arbitrator will look at the case and all the evidence presented and render a decision. Please insist on this option with your bank, explain that you cancelled your contract in accordance with mexican law and you are entitled to a refund.
 

Moonster

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Hello,
I have almost exactly the same situation. Guy from Sunset said refund is not possible because I have used the gifts (free tours and airport transpo). Now, he’s telling me I need to decide by tomorrow and accept the offer because collections department is on his ass or I am going to lose my money.
Because I used $1300 worth of incentives/gifts they will keep my $14k. Total BS. I even told them to just deduct it from the downpayment but no they want the whole pie. Unbelievable.
If those "Gifts" are not in the contract and attributed values they cannot be deducted from the amount you paid. Just be persistent with your bank and know your legal rights. Seems like you have it handled pretty well though.
 

dioxide45

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Make sure it is signed and that you get a dated receipt from the post office. Keep a copy for yourself and ask the post office staff if you can take a cell picture of the receipt and stamped envelope before it goes in the mail.
USPS has a Certificate of Mailing available that is made exactly for this purpose.
 
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USPS has a Certificate of Mailing available that is made exactly for this purpose.
Yes, they do. I did registered mail and I have the receipts that they were sent on Feb 12 which is only the 3rd business day after purchase. I am now just waiting for them to refund my money within 15 days. If not, I’ll file a dispute.
 

kreeket

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Hey, sorry I didn't see your post earlier.

Did you confirm with the bank that your dispute was declined? If it was declined you still have options, you can (with evidence) send the case to arbitration, in these cases a Visa/MC arbitrator will look at the case and all the evidence presented and render a decision. Please insist on this option with your bank, explain that you cancelled your contract in accordance with mexican law and you are entitled to a refund.
No worries.

I just heard from the credit card company. According to them, merchant stated that no proof of cancellation was provided so they're asking for a detailed rebuttal/response addressing thie claim. I have attached email from mexlaw where the lawyer stated that he mailed it and attached the proof with the tracking number and date and also tracking information that it was received. I also attached a copy of the cancellation letter sent by Mexlaw.

My only problem with this is Mexlaw doesn't have any proof of where they mailed it to.

2 credit cards were used (from same credit card company/issuer/bank). So far it's only been my husband who's gotten this response.
 

kreeket

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Oh and btw, I got a response from PROFECO 2 days ago to send in some documentation with regards to the cancellation. Wondering if I should still pursue with PROFECO or just wait for credit card company... PROFECO is giving me 10 days to respond.

Thoughts?
 

TheTimeTraveler

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Oh and btw, I got a response from PROFECO 2 days ago to send in some documentation with regards to the cancellation. Wondering if I should still pursue with PROFECO or just wait for credit card company... PROFECO is giving me 10 days to respond.

Thoughts?


My opinion? You're plum out of luck with ever having PROFECO assist you if you don't provide them with the requested documentation. Do it today.

The credit card company may or may not do the trick like you are anticipating so do proceed with PROFECO at this point.

Good move to rescind!






.
 

T-Dot-Traveller

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Oh and btw, I got a response from PROFECO 2 days ago to send in some documentation with regards to the cancellation. Wondering if I should still pursue with PROFECO or just wait for credit card company... PROFECO is giving me 10 days to respond.

Thoughts?
I would send the same documentation to Profeco that you listed above.

Profeco has regulatory power. They don't have a lot of enforcement power( ie. - they can't force Sunset World to give you the refund) ;
but in my opinion by responding to Profeco . you are adding to the documentation that will get you a refund from your credit card company.

**********
[ note ] - In my opinion / based on TUG reading - (most ) Mexican Developers prefer to be professional when a TS buyer meets the 5 day rescind requirements and they provide a full refund without problems.{ This also keeps them off Profeco's radar}
However, this thread seems to be about a developer sales team that is currently using every slimy trick in the book to avoid giving refunds.
I believe that refunds in this case will likely occur by using the credit card company dispute mechanism.
 
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Hello again everyone!

Here’s an update: I called member services this morning and verified their email address ( csc@sunset.com.mx ) and followed up with my cancellation process. I spoke to a lady named Sol and she said they received all my emails and they will cancel my membership. 😭🙏🏾 She told me that there’s no need for me to send a registered mail copy of the letter because my initial email is good enough but I still did anyway because I wanna make sure this contract is cancelled forever! She also said that they will refund all my money within 15 days. I notified my bank and they told me to file for dispute if I don’t receive anything within those days. I will still contact them from time to time to get updates on my refund and I will update this page.
Anonther update: I finally got a call from Alberto from Sunset Group today after almost a week 🥴 He asked for my reason of cancelling and if they lower my payment, would I be willing to keep the contract. I firmly said NO and would like to cancel the contract ASAP. He seemed very nice about it and said he understood. He again said it will take 15 days. I confirmed with him that it’s 15 days from my initial cancellation email which was Feb 9 and not 15 days from the call today. He said yes. So, i’m still waiting. 2/24 is the 15th day so i’ll keep you guys posted on my case!

Honestly, I am not sure if they are just being nice and professional today or they’re gonna surprise me with “you can’t have a refund” 🙂🙃 either way, my dispute letter’s already drafted with all the proof. Just waiting for the time to send it to my bank.
 
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Naituogana:(

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If those "Gifts" are not in the contract and attributed values they cannot be deducted from the amount you paid. Just be persistent with your bank and know your legal rights. Seems like you have it handled pretty well though.
They were not in the contract, they were gifts for attending the presentation and the others were just thrown in because we made a purchase. It’s not the gifts that made us buy, those people think we are stupid. I already dealt with my banks and they have already processed my request. The banks know about this fraud about timeshares so they didn’t ask me too much questions and just filed for dispute.
I still get threats from the sales that I will be reported to the collections.
 
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