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I need some help [rescinded Grand Solmar - now what?]

Totl noob

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Hi I just came back from Cabos with a time share at grand solmar. I am trying to cancel it but I'm not exactly sure how the process works, especially with my timing.

I signed the contract on Tue Dec 17, sent cancellation papers through registered mailing on Sun Dec 22. In the papers I had copies of all signed contracts, hand written letter stating that I wanted to cancel my contract within the 5 business days according to Mexican law. I also filled out a cancellation form from Profeca. My girlfriend and I both signed the cancellation letter and dated it.

This is my problem, I'm assuming the 5 days is 5 business days so I should be ok there because I sent it in on Sunday if not then I'm pulling it close. I sent three copies, Profeca, Grand Solmar, Interval International Mexico office. I also emailed Profeca and Grand Solmar my notice of cancellation. Since its the holiday Profeca is closed til January.

Will I hear anything back from either of them?
Will I get a full refund?
Am I actually within the 5 day remorse period?
Am I covered because I sent through registered mailing?

Any help would be great
Thanks
 

Passepartout

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The date that matters is the mailing date, so you should be OK. That doesn't mean they can't- or won't- drag it out as long as possible. You might write a reminder along with the dates and copies of the mailing receipts to both the resort and PROFECO.

They may have 45 or 60 days to refund your down payment, and will most likely use it.

Good Luck, and Welcome to TUG. Glad you were able to rescind in time.

Jim
 

easyrider

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You might want to call your credit card company to let them know that these are not valid charges as you have cancelled this transaction within the agreed upon recission period.

I wouldn't expect much from the resort. ;)

Bill
 

theo

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A minor clarification...

The date that matters is the mailing date...<snip>
More precisely, the actual (and only) date that matters, legally speaking, is the postmark date.

A postmark date could very easily be numerous days later than the "mailing date" if someone (unwisely) just tossed their rescission letter into a local mailbox for (eventual, later) pick up, rather than physically obtaining some actual documentary proof of postmark date at the counter.

OP indicated having sent a "registered" letter in this particular instance however, so all should ultimately be fine if the rescission letter was postmarked within Mexico's applicable 5 day rescission period.
 
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Totl noob

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Update

Hi again,

So it's been a few months now and what has happened so far is:
1. My registered mail is still in "delivery", so as far as I know it still hasn't reached grand solmar or profeco
2. I've been in contact with a person from profeco and another person representing grand solmar. They are both waiting for my mail to get to them as far as I know.
3. I just checked my visa statement and I got a full refund back from grand solmar.

So my questions are:
1. I haven't received a cancellation form from grand solmar
2. Should I expect something to confirm I don't have to make anymore payments
3. If I don't hear anything from them or receive anymore letters asking for money, do I need to be concerned about anything?

Thanks for the help
 

Passepartout

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I guess as long as you got your money back and they are not asking for more, I'd put it on the back burner. Keep the receipt showing that postmark within the rescission period, and go back to whatever passed for your life before Grand Solmar.

Assume it's a done deal. If sometime in the future some collector contacts you or you see a mark against your credit, be prepared to copy the rescission letter with it's date and send it to the collection agency. Don't lost any sleep over it, and call this a learning experience.

Next time you go to Mexico, stay away from timeshare presentations no matter what they offer.

Glad it has worked out for you.

Jim
 
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