Please advise (I still have time to rescind)

[Karen G]

A certificate of mailing does not provide evidence that the mail was delivered. USPS doesn’t even track certificates of mailing. In most court cases, certificates of mailing aren’t even automatically admissible without an affidavit attesting and connecting said mailing to the certificate of mailing.
https://www.experts.com/Articles/Ce...f-Delivery-Whats-The-Difference-By-Peter-Wade

Very interesting article. Thanks for posting.

 

[Grammarhero]

Very interesting article. Thanks for posting.

To put into more detail, a certificate of mailing attempted to be introduced as evidence could be objected as hearsay and lacking foundation. There needs to be a separate affidavit attesting and connecting the certificate of mailing to actual mailing, as to establish foundation. Or...

One could just sent a registered mailed to a foreign address, which is rather self-authenticating and qualifies as the ordinary course of business exception to hearsay.

 

[Karen G]

To put into more detail, a certificate of mailing attempted to be introduced as evidence could be objected as hearsay and lacking foundation. There needs to be a separate affidavit attesting and connect certificate of mailing to actual mailing, as to establish foundation. Or...

One could just sent a registered mailed to a foreign address, which is rather self-authenticating and qualifies as the ordinary course of business exception to hearsay.

Grammarhero, you sound like a lawyer!

 

[skeptastic]

Got the international letters sent off via registered mail today. Let the waiting game begin!

 

[skeptastic]

Should I send an email to the address listed on this site for Pueblo Bonito Sunset Beach Resort & Spa? I currently see: sunset.members@pueblobonito.com.mx

I read something about Profeco recommending mailing and emailing of the rescission letter. I couldn't find an appropriate email or get in contact with anyone from the right department, so I figure this email is my best shot, if emailing is necessary or even wise.

 

[Grammarhero]

Should I send an email to the address listed on this site for Pueblo Bonito Sunset Beach Resort & Spa? I currently see: sunset.members@pueblobonito.com.mx

I read something about Profeco recommending mailing and emailing of the rescission letter. I couldn't find an appropriate email or get in contact with anyone from the right department, so I figure this email is my best shot, if emailing is necessary or even wise.

If that is what Profeco recommends, then do that. I’d send them a courtesy electronic copy of all your rescission letters sent multiple times, via certified, registered mail, with a certificate of mailing.

Do not pick up the phone for any unknown numbers, and do not engage with them via email even if they said your rescission was unsuccessful.

You won. Go out and celebrate.

 

[skeptastic]

If that is what Profeco recommends, then do that. I’d send them a courtesy electronic copy of all your rescission letters sent multiple times, via certified, registered mail, with a certificate of mailing.

Do not pick up the phone for any unknown numbers, and do not engage with them via email even if they said your rescission was unsuccessful.

You won. Go out and celebrate.

I'm not sure if Profeco does recommend or not, haha! I read it somewhere, but am completely unable to get in touch Profeco, now find any TS rescission info on Profeco's website. I was hoping someone might know if it is necessary. And I'd love to end them a copy of the letters, but cannot find an appropriate address for Profeco. It seems like that info has become increasingly difficult to locate over the years.

Do you think it would be necessary to send all of the letters sent to various addresses to Profeco, should I locate their mailing address? Because of the certificate of mailing vs registered mail debacle, it would be a total of 6 rescission letters, along with copies of the front of a few agreements from the contract. I suppose I wouldn't need to send 6 copies of the agreement copies, haha! Just trying to keep costs reasonable, but also ensure I'm doing what is needed to get this done. I have also read that many people wait to send the documents to Profeco, giving the TS folks a chance to cancel the contract and refund first. As I've read, it is never too late to send the documents you've sent to the TS company to Profeco, as long as your documents show proof of having originally mailed them off within the allotted 5 days. If you or anyone else knows anything about all of this, I'm all ears!

 

[Grammarhero]

I'm not sure if Profeco does recommend or not, haha! I read it somewhere, but am completely unable to get in touch Profeco, now find any TS rescission info on Profeco's website. I was hoping someone might know if it is necessary. And I'd love to end them a copy of the letters, but cannot find an appropriate address for Profeco. It seems like that info has become increasingly difficult to locate over the years.

Do you think it would be necessary to send all of the letters sent to various addresses to Profeco, should I locate their mailing address? Because of the certificate of mailing vs registered mail debacle, it would be a total of 6 rescission letters, along with copies of the front of a few agreements from the contract. I suppose I wouldn't need to send 6 copies of the agreement copies, haha! Just trying to keep costs reasonable, but also ensure I'm doing what is needed to get this done. I have also read that many people wait to send the documents to Profeco, giving the TS folks a chance to cancel the contract and refund first. As I've read, it is never too late to send the documents you've sent to the TS company to Profeco, as long as your documents show proof of having originally mailed them off within the allotted 5 days. If you or anyone else knows anything about all of this, I'm all ears!

You are good. You can email for free. Go out and celebrate. You won.

Unless two months later in which the Ts resort says the rescission is invalid despite your six (6) letters, you don’t need to send to profeco.

There have been instances in which profeco gotten involved because some poor owner sent one (1) rescission letter via a certificate of mailing and got stuck with a TS. However, you sent six (6), so you are covered.

 

[skeptastic]

You are good. You can email for free. Go out and celebrate. You won.

Unless two months late in which the Ts resort says the rescission is invalid despite your six (6) letters, you don’t need to send to profeco.

There have been instances in which profeco gotten involved because some poor owner sent one (1) rescission letter via a certificate of mailing and got stuck with a TS. However, you sent six (6), so you are covered.

Oooooh! I see what you meant. I confused myself, thinking that you meant to physically send Profeco the 6 copies. You meant email them. Got you! And I suppose the TS resort would be more likely to deny the rescission if I'd stuck with the certificate of mailing, as opposed to going back and resending via registered mail.

Yes, I've now sent 2 letters to U.S. addresses via certified mail, 2 to Cabo with a certificate of mailing, and 2 to the same addresses in Cabo via registered mail. If they don't cancel my contract and refund me, I am the unluckiest human on the face of the planet, haha!

We will celebrate by taking my mother out for dinner tonight. She was kind enough to stay with the kids while we traveled to Cabo. She deserves the love!

Thank you again for all of your help!

 

[skeptastic]

The first of 6 letters was delivered on Monday, to the address in San Ysidro, CA. Today, we received an email, which I've included as an attachment below. VICTORY!! This is the address that TUG member Karen G provided in a separate thread, for Marisol Garcia. It is the address I've included in this very thread that is for PB Membership Services. Hope that helps someone in the future! I'd still send to all the addresses on the contract, to PBSB, and the Arizona address if I had to do it over again, but it is great to see that the San Ysidro membership services address got it done.

Thank you all again!

 

[Karen G]

Today, we received an email, which I've included as an attachment below. VICTORY!! This is the address that TUG member Karen G provided in a separate thread, for Marisol Garcia.

Yay! Wonderful news! Thanks for letting us know!

 

[skeptastic]

Yay! Wonderful news! Thanks for letting us know!

Agreed! And no problem whatsoever! I think it's always important to update the site with the results, to help others in the future. I also frequent a medical forum and folks come asking for help for years, then disappear once they either fail to get in to medical school, or get in and no longer need help. That drives me crazy because so many people can benefit from learning what works and doesn't work in these sort of situations. I am more than happy to help!

 

[Grammarhero]

Agreed! And no problem whatsoever! I think it's always important to update the site with the results, to help others in the future. I also frequent a medical forum and folks come asking for help for years, then disappear once they either fail to get in to medical school, or get in and no longer need help. That drives me crazy because so many people can benefit from learning what works and doesn't work in these sort of situations. I am more than happy to help!

It would be the funniest thing if, after a lot of research and consideration, you buy the PBSB TS for free or $1. Then they see you again.

 

[skeptastic]

It would be the funniest thing if, after a lot of research and consideration, you buy the PBSB TS for free or $1. Then they see you again.

Haha!! That would be so fun! They still get my business, but at a much more fair clip. Still trying to determine if getting a free one from TSN is a better move than just renting from an owner.