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Naituogana:(

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Anonther update: I finally got a call from Alberto from Sunset Group today after almost a week šŸ„“ 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 itā€™s 15 days from my initial cancellation email which was Feb 9 and not 15 days from the call today. He said yes. So, iā€™m still waiting. 2/24 is the 15th day so iā€™ll keep you guys posted on my case!

Honestly, I am not sure if they are just being nice and professional today or theyā€™re gonna surprise me with ā€œyou canā€™t have a refundā€ šŸ™‚šŸ™ƒ either way, my dispute letterā€™s already drafted with all the proof. Just waiting for the time to send it to my bank.
Happened to me, they were nice then will throw in a free week at the 3-diamond
Tres Rios and corporate weeks plus weeks with big discounts but if you say no to that offer they will tell you refund is not possible.
 

Moonster

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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.
I think the proof the law firm sent should suffice, considering you're their client they should be dealing with the bank for you... But you know...

That being said it seems like you're pretty safe, if the bank falls through you do have the law firm advocating for you.
 

Moonster

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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. Itā€™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 didnā€™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.
Yeah don't worry about those losers threatening you with collections, I really doubt many collections agencies in first world countries will be buying debt from timeshare corporations in third world countries considering their track record. Not only that, they don't have a leg to stand on since you cancelled within the statutory time limits.
 
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Happened to me, they were nice then will throw in a free week at the 3-diamond
Tres Rios and corporate weeks plus weeks with big discounts but if you say no to that offer they will tell you refund is not possible.
I kinda figured they would do that. Theyā€™re trying to delay everything by calling me and letting me know that my refund will be within 15 days. Thatā€™s why I keep saying 15 days after my cancellation email. I have 1 more week then iā€™ll dispute the charge. i really hope yours will be resolved soon too! šŸ™šŸ¾
 
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Hello everyone! I just want to give an update. They never answered any of my emails and no one called me back. Not surprised. I finally called my cc company and disputed the charge. Hopefully, my dispute gets approved šŸ™šŸ¾
 

Naituogana:(

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I kinda figured they would do that. Theyā€™re trying to delay everything by calling me and letting me know that my refund will be within 15 days. Thatā€™s why I keep saying 15 days after my cancellation email. I have 1 more week then iā€™ll dispute the charge. i really hope yours will be resolved soon too! šŸ™šŸ¾
I called my bank and made a dispute. I already got half from one of my banks, still waiting for the other. Cancun crooks still message me and send me offers even after they have told me theyā€™d report me to collections. That just means they are lying.
 
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I called my bank and made a dispute. I already got half from one of my banks, still waiting for the other. Cancun crooks still message me and send me offers even after they have told me theyā€™d report me to collections. That just means they are lying.
Thatā€™s good news! I called them so many times and they said someone will call me back but no one did! So right on the 15th day, I called my bank and disputed the charge. They didnā€™t ask too many questions like your bank as well. I guess they know these kind of dispute happens all the time.
 

varga

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Hey guys,

I'm new to this forum, but i come to you with some information that may be useful here. I'm very sorry if this type of post is not allowed, if my post violates any of your rules please accept my apology and delete the thread.

I would like to start out by saying this is going to be quite a long post, however I believe it to be worth the read to prevent yourself from being defrauded or if you're looking for updated information on how to get back your money dealing with Sunset and their merry band of bandits.

anyways I digress...

On January 2023 me and my girlfriend we're staying at Ocean Spa Resort in Cancun Mexico, we were offered a heavily discounted vacation package in exchange for attending a presentation. The concierge arranged for us to attend the presentation at Hacienda Tres Rios in Playa Del Carmen (one of their much nicer resorts). I actually enjoyed the presentation, the salesmen wasn't aggressive and they seemed very forthcoming with information even going as far to show me their booking website, how to use it, etc.. I decided to buy for a couple thousand [I wont disclose the amount due to the confidentiality clause in the contract, but the amount was rather insignificant for me] which was to include 4 weeks a year, plus an additional 4 extra free weeks, cruise certificate and a two for one airfare, 50% cashback on all purchase made through their booking site.

After leaving I decided to do some research into the program and Sunset as a whole and to say the least I was petrified, nobody and I mean nobody has anything good to say about Sunset or their program. I immediately contacted them via e-mail and CC'd PROFECO for evidentiary purposes stating I wanted to cancel my contract pursuant to Article 56 of the Mexican Consumer Protection Law. I was ignored for a few days until the salesmen contacted me via WhatsApp to try and reason with me, I stuck to my guns, he eventually relented and told me he would forward my request to the cancellations department. So I'm thinking everything is fine, I got back home to Canada, but still nobody is reaching out. I contact them via email again stating that they're approaching their 15 day limit to issue the refund and I may be forced to dispute the transaction with my card issuer. They stated that my case has been referred to the board of directors for a resolution and I will be contacted shortly. Imagine my shock when I wasn't contacted shortly, I decided to call them and they gave me a WhatsApp number for the person handling my case, I contacted her and she told me she would phone me the next day, well... she didn't (Keep in mind we're in mid February by this point). I wrote her again and she said she would phone me the following day and that "The money invested would be retained" I stated that this was completely unacceptable and not legal under Mexican law and that not only would I file a complaint with PROFECO I would also dispute the charges with my card issuer which could potentially have their merchant account flagged/closed for fraud. This rather bright and intelligent individual said to me "that law is for timeshare, you are not purchase a timeshare you purchase a package of discounts", She also has some ramblings about how I waived my rights, etc.. I Kept trying to explain to her how the law works and its scope, the impossibility of waiving your rights and as you may have guessed that didn't work. I told her that if she was not going to comply with the law I will just go ahead and file the dispute and she has the audacity to say to me "ok we will send the page that you sign, that not apply any refund" after I had already explained that my rights cannot be waived.

I contacted my card issuer and filed the dispute, I wrote up a very long summary of events(I will post the example template a little later when I remove any identifying information, its very good and I believe may help some people in the same situation). I am also in the process of filing a formal complaint with PROFECO, I don't believe this will do much good, but keeping them bogged down and busy with complaints may help keep the heat on them and eventually the Government may get sick of wasting resources on this criminal origination and hold their feet to the fire. Lastly, I am in the early process of finding a lawyer to sue for punitive and moral damages, not expecting much but any amount won would be great.

I hope my post helps somebody out there, or at least makes it to google for the people researching. I will post the template tomorrow after I have some time to comb through it. If you take anything from my post please under no circumstances buy from these people, if they cant respect the law, They most certainly will not respect your contractual rights of your agreement when you try to use it?

TLR Sunset World Resorts is a borderline criminal organization that will not honor the law, do not buy anything from them.

Thanks for reading guys, if you have any questions or want to discuss anything about my post I would love to chat.

[Sunset World link removed at request of poster]
We just signed a contract last weekend March 10, 2024.. I havenā€™t register to my account coz I thought I have to wait for their email or like welcome email.. I am wondering if the 5business day cancellation would still applicable to my case? I wished I would have read this email before getting to that contract.
 

dioxide45

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We just signed a contract last weekend March 10, 2024.. I havenā€™t register to my account coz I thought I have to wait for their email or like welcome email.. I am wondering if the 5business day cancellation would still applicable to my case? I wished I would have read this email before getting to that contract.
Send the rescission NOW! Today. Are you still in Mexico?
 

geist1223

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You will not get the welcoming email until after the recession time has expired. DO IT NOW.
 

varga

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Send the rescission NOW! Today. Are you still in Mexico?
We just got back yesterday. I will do the cancellation letter now hopefully its not too late. Should I also dispute this to my bank right now? Or wait for Sunsetā€™s response?
 

dioxide45

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We just got back yesterday. I will do the cancellation letter now hopefully its not too late. Should I also dispute this to my bank right now? Or wait for Sunsetā€™s response?
As long as you send the recission, there is no need to dispute with your credit card company. Dispute if they fail to honor the rescission. If you are in the USA, send the letter USPS International Registered Mail.
 

varga

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As long as you send the recission, there is no need to dispute with your credit card company. Dispute if they fail to honor the rescission. If you are in the USA, send the letter USPS International Registered Mail.
Thank you for the quick response. I will send an email as well mail a letter to them..
 

dioxide45

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Thank you for the quick response. I will send an email as well mail a letter to them..
Follow the instructions in the contract. Does the contract provide an email address for rescission?
 

varga

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Follow the instructions in the contract. Does the contract provide an email address for rescission?
This is what it says on the contract.. I can still file for this cancellation right?
 

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TheTimeTraveler

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This is what it says on the contract.. I can still file for this cancellation right?


Yes, whether they'll accept it being Postmarked a day late is another issue altogether. That said, no harm in attempting to rescind. The worst they can say is no.

Let us all know how you make out.







.
 

varga

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Yes, whether they'll accept it being Postmarked a day late is another issue altogether. That said, no harm in attempting to rescind. The worst they can say is no.

Let us all know how you make out.







.
If they say no, can I still dispute it to my bank?
 

dioxide45

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It indicates firth business day counted from the day after signing. If you signed on the 10th, that should mean today is day five. You shouldn't be here, you should be at the post office sending your International Registered Mail.
 

geist1223

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In Mexico the recession period is 5 Business Days. Saturday is a Business Day. Sunday is not.
 

TheTimeTraveler

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If they say no, can I still dispute it to my bank?


You can dispute last weeks gas purchase with your bank. The real question is can you actually win the dispute?

The same issue is with your timeshare purchase -- can you win a dispute with your bank? Likely not but I would still try it anyways because thousands (I am assuming) of dollars are at risk.

As @dioxide45 has said; Get yourself to the Post Office, mail it REGISTERED MAIL, and obtain a Postmark immediately........





.
 

Naituogana:(

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We just signed a contract last weekend March 10, 2024.. I havenā€™t register to my account coz I thought I have to wait for their email or like welcome email.. I am wondering if the 5business day cancellation would still applicable to my case? I wished I would have read this email before getting to that contract.
If you are more than 5 business days from the day you signed the contract then it will be a bit complicated to deal with those crooks even in my case I was at 4th business days they still make it complicated. Make sure you have this in the package they gave you because I didnt have it.
 

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dioxide45

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If you are more than 5 business days from the day you signed the contract then it will be a bit complicated to deal with those crooks even in my case I was at 4th business days they still make it complicated. Make sure you have this in the package they gave you because I didnt have it.
They provided a screenshot of that in post #90.
 

water

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2/2 ... got cut off

Explaining that you complied with Mexican law in cancelling your contract.

Ill give you a sample outline of what I sent the bank

I purchased a membership with the Ultimate Loyalty Program on February 1st, 2023, I decided to cancel my contract pursuant to ARTICLE 56 OF LEY Federal de ProtecciĆ³n al Consumidor (ARTICLE 56 and of Federal Consumer Protection Law) on Febuary 2nd, 2023 via email.[SEE ATTACHMENT #1]


ARTICLE 56 of Federal Consumer Protection Law states.


ā€œThe contract will be perfected within five working days from the delivery of, or the company/signature of the contract, which ever occurs the latest. During this period, the consumer will have the right to revoke his consent without any responsibility. The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. The revocation according to this Article, will terminate the contract. In this case, the costs of shipping and insurance will be the responsibility of the consumer. If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase.ā€

Sunset group has alleged that the Federal Consumer Protection Law does not apply to vacation club packages, this is untrue as article 56 of the Federal Consumer Protection Law covers all Door-to-door, Non-immediate or Indirect Selling which is further defined by article 51 of the Federal Consumer Protection Law.

Article 51 states

"A door-to-door, nonimmediate or indirect sale shall be understood as the sale offered or carried out outside the facilities or commercial premises of the supplier, including the lease of personal property and the rendering of services. The provisions of this Chapter shall not apply to the purchase and sale of perishable goods received by the consumer and paid in cash."

Thus the allegation that my contract signed with Sunset Group isn't covered by Federal Consumer Protection Law is unfounded.

The vendor also alleges that I have signed away my rights to receive a full refund due to a clause outlined in our contract, this is impossible as Article 1 of the Federal Consumer Protection Law strictly prohibits this.

Article 1 States

ā€œThis Law is of public order, intended to render a social benefit, and shall be observed in all of the Mexican Republic. Its provisions cannot be waived, and no customs, uses, practices, covenants or stipulations to the contrary shall be asserted against the observance hereof. The purpose of this Law is to promote and protect the rights and culture of consumers, and to seek fairness, assurance, and legal certainty in relations between suppliers and consumers.ā€

Thus the vendors allegation that I have waived my rights to a full refund is unfounded.

I have made numerous attempts to rectify this issue with the vendor and they are completely unwilling to comply with Mexican law. In light of the evidence provided to you I have followed the law to cancel my contract, so no matter what the vendor alleges I may have signed statute trumps anything written in the contract, since the vendor is not willing to comply with the law and unwilling to refund my money these charges are now fraudulent.

Now make sure that you attach all evidence you have in regards to this, CC companies are very strict with chargeback procedures, it is also advisable to contact PROFECO via email to also submit a complaint.

If you need any further advice please feel free to reach out, I want to make sure that nobody else gets taken advantage of by these criminals.
Hello Moonster,
First, thank you for this template, this and all your posts regarding the topic are very helpful.
I recently found myself in this situation. In my case: i bought and signed this contract on March 19, 2024. it wasnt until March 24 i decided to look deeper into what i got. Obviously nothing good. went down a rabbit hole of this scam. From what i understand, March 25 is my last business day to cancel this with minimal blows. today first thing i am going to send this same letter, with proof of my attempt to cancel to my bank. This situation has me very worried and im hoping i caught it in time . Please let me know if you have any further advice, id appretiate anything
thanks
 

water

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No problem at all my friend, I am very happy to help, I told Sunset that if they did not refund my money I was going to make their lives trouble and warn other consumers and I plan to make good on my promise.

Just make sure when dealing with the bank that you submit all evidence pertinent to your case, and explain to them clear as day your entire situation and how you complied with the law, chargeback procedures for submitting evidence are very time specific for you and the merchant and if steps are not followed properly a default judgement could be awarded against you, please contact me here as soon as you get the results from your initial investigation, as in the worst case senairo your chargeback gets reversed (this likely won't happen) if this happens there are other options with the CC company that can be taken that are extremely time sensitive.

I have email notifications turned on for this post so please let me know the outcome of your case, It will be a great help for anybody in the same situation as us.
Its very commending to see your willingness to help others. I hope to chat with you soon!
 
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