Help - Mexico Rescission [MERGED]

[TheTimeTraveler]

Be sure that any buyer that signed the original purchase agreement also signs the rescission agreement.

Additionally, you may want to consider mailing a copy of your rescission to Profeco (Mexican Govt.) who enforce the Mexican Laws. I don't have the address off hand, but maybe Karen G. who moderates the Mexico Forum may see this and post the address for you. You can also search the threads on the Mexico Forums yourself.


Best of luck to you or your good friend



.

 

[easyrider]

ARTICLE 56.- The contract shall be perfected five business days from the delivery of the good sold or the signing of the contract, whichever comes later. During such term, the consumer shall be entitled to revoke his consent, without any liability whatsoever. The revocation shall be made by giving notice or by delivering the good sold in person, through registered mail or through other means to serve such notice in a legally unquestionable manner. The revocation made pursuant this article shall render the transaction null and void, and the supplier shall reimburse the price paid to the consumer. In this case, the freight and insurance costs shall be borne by the consumer. With respect to services, the above shall not apply if the date when the service is rendered is within ten business days or less from the date of the purchase order.

Article 56 is the legal option to cancel in Mexico. What is required is a cancelation notice that complies with Article 56 and is documented. Email is easily documented with a time and date. Because you are at the last day the email to the member service should include recipients Profeco and yourself. So the email should include the member service and any other email you have that is related to the resort, yourself and Profeco, extranjeros@profeco.gob.mx and denunciasprofeco@profeco.gob.mx Request delivery confirmation and a return reciept with your email if you can. You can also let Amex know and add them to the email recipients.

You should also send out the letter through registered mail in accordance with Article 56.

Bill

 

[dioxide45]

You must have a reason for rescinding, more than I changed my mind.

Is this something unique to Mexico? I am not aware that any such reasoning is required to rescind. Can you quote specific text from the law that specifies such?

 

[jules54]

Not to rescind, but to cancel on your credit card. If anyone has disputed a charge for a timeshare or really anything they know what I’m talking about. You have to have a valid reason to win the dispute.
No I cant quote the law or even the credit card agreement rules on this.
I know because I’ve had to do it a few times and know the process and how it’s done. Even if you send paperwork to rescind you should still contact your credit card company and cancel the charge because things happen.

 

[dioxide45]

Not to rescind, but to cancel on your credit card. If anyone has disputed a charge for a timeshare or really anything they know what I’m talking about. You have to have a valid reason to win the dispute.
No I cant quote the law or even the credit card agreement rules on this.
I know because I’ve had to do it a few times and know the process and how it’s done. Even if you send paperwork to rescind you should still contact your credit card company and cancel the charge because things happen.

I got it now. I thought you meant to rescind since you specifically indicated you needed a reason for rescinding.

 

[Janann]

Pura Vidal Lifestyles Club

You have a typo -- it should be Pura Vida.

 

[VanX]

You have a typo -- it should be Pura Vida.

Then they should also double check the email address too as it says Vidal in there as well

 

[Janann]

Then they should also double check the email address too as it says Vidal in there as well

The L in the e-mail is for Lifestyles. Pura Vida Lifestyles . com

 

[LannyPC]

be shipped by registered mail, return receipt...

Not to split hairs here but are you sending via registered mail or certified mail? There's a slight difference and the method stipulated in the rescission instructions usually says certified mail.

 

[easyrider]

Not to split hairs here but are you sending via registered mail or certified mail? There's a slight difference and the method stipulated in the rescission instructions usually says certified mail.

Article 56 from Profeco specifically says "registered mail" but certified mail is registered mail with a receipt to the sender from what I can tell. Either should be fine, imo.

Bill

 

[LannyPC]

Article 56 from Profeco specifically says "registered mail".

Okay, so I guess certified is for USA-based timeshares.

 

[Karen G]

Be sure that any buyer that signed the original purchase agreement also signs the rescission agreement.

Additionally, you may want to consider mailing a copy of your rescission to Profeco (Mexican Govt.) who enforce the Mexican Laws. I don't have the address off hand, but maybe Karen G. who moderates the Mexico Forum may see this and post the address for you. You can also search the threads on the Mexico Forums yourself.


Best of luck to you or your good friend



.

Here's a link for Profeco: https://consulmex.sre.gob.mx/montreal/images/pdf/documentacion/consumer.pdf

This link contains a mailing address: https://consulmex.sre.gob.mx/montre...s/services-foreigners/318-consumer-protection

 

[bogey21]

Contact Amex and let them know this is canceled.

To be extra safe I would totally close the Amex Card and wouldn't apply for a new one until the dust settles on this transaction...

George

 

[debraaferguson]

To be extra safe I would totally close the Amex Card and wouldn't apply for a new one until the dust settles on this transaction...

George

The Amex card has already been charged

 

[debraaferguson]

We paid the full amount

 

[TheTimeTraveler]

The Amex card has already been charged

I'm confident they charged your credit card or your friend's credit card before you or your friend left the presentation.....


.

 

[debraaferguson]

I'm confident they charged your credit card or your friend's credit card before you or your friend left the presentation.....


.

Hoping for refund

 

[Talent312]

It was a very good friend this time.

You need better friends (IMHO).

 

[easyrider]

Not to rescind, but to cancel on your credit card. If anyone has disputed a charge for a timeshare or really anything they know what I’m talking about. You have to have a valid reason to win the dispute.
No I cant quote the law or even the credit card agreement rules on this.
I know because I’ve had to do it a few times and know the process and how it’s done. Even if you send paperwork to rescind you should still contact your credit card company and cancel the charge because things happen.

Yes, this happened to us. I think they ask why we were disputing the charge. I asked what they meant. They gave some examples like unauthorized charges, fraud and maybe something else of why the charge could be disputed. Our claim was fraud to our credit card when we disputed a charge from a Mexican timeshare sale. The fraud was misleading us to believe the product had value enough to be sold at a profit like regular real estate.

Bill

 

[debraaferguson]

Sunday is the 5th day, and since it's Sunday and not an official 'Business' day, you can send the letter with Monday's timestamped postmark, but Debra, you're cutting this awfully close. Relying on a technicality is not a good plan, but LEGALLY you win. Do is a favor and let us know when you get your payment refunded. We'd like to tell others.

Jim

 

[debraaferguson]

Yes, this happened to us. I think they ask why we were disputing the charge. I asked what they meant. They gave some examples like unauthorized charges, fraud and maybe something else of why the charge could be disputed. Our claim was fraud to our credit card when we disputed a charge from a Mexican timeshare sale. The fraud was misleading us to believe the product had value enough to be sold at a profit like regular real estate.

Bill

Yes, this happened to us. I think they ask why we were disputing the charge. I asked what they meant. They gave some examples like unauthorized charges, fraud and maybe something else of why the charge could be disputed. Our claim was fraud to our credit card when we disputed a charge from a Mexican timeshare sale. The fraud was misleading us to believe the product had value enough to be sold at a profit like regular real estate.

Bill

Sunday is the 5th day, and since it's Sunday and not an official 'Business' day, you can send the letter with Monday's timestamped postmark, but Debra, you're cutting this awfully close. Relying on a technicality is not a good plan, but LEGALLY you win. Do is a favor and let us know when you get your payment refunded. We'd like to tell others.

Jim

I sent out the rescinding letter this morning by registered mail, return receipt.
I also emailed a copy to member services and Profeco yesterday(Sunday).
Hoping for the best.
Thank you, Thank you, Thank you! I will give you an update when I know how it all goes.

 

[debraaferguson]

Yes, this happened to us. I think they ask why we were disputing the charge. I asked what they meant. They gave some examples like unauthorized charges, fraud and maybe something else of why the charge could be disputed. Our claim was fraud to our credit card when we disputed a charge from a Mexican timeshare sale. The fraud was misleading us to believe the product had value enough to be sold at a profit like regular real estate.

Bill

Thank you, I will call AXP.

 

[idahorider336]

I sent out the rescinding letter this morning by registered mail, return receipt.
I also emailed a copy to member services and Profeco yesterday(Sunday).
Hoping for the best.
Thank you, Thank you, Thank you! I will give you an update when I know how it all goes.

So what happened?

 

[Passepartout]

So what happened?

The person you inquired of has not been back on TUG for almost 3 years. You might try emailing them.