Please Help Me with Canceling the Timeshare

[chayen80]

I am new to the group. We purchased a timeshare last month, but we cancelled it on the same day via email. We did not put down money. We also texted our agent the following day. We went to Sunset Royal after 2 days to verify if they had received the contract, and the person who assisted my agent when we bought the contract was there and confirmed that their office received the cancellation letter. On that same day around 3:00 in the afternoon, we spoke to the agent about the cancellation of the contract. That night, I informed the manager of Sunset Marina that we canceled the contract as well. All of these people who we spoke with said the same thing that we do not have to worry about the contract anymore because it was canceled right away. I asked them if sending the email was enough and they all said to just wait and be patient.
We spoke to several customer service agents via email and via phone and they all said the same thing too that we do not have to worry and just wait for the response. None of them gave us the opportunity to address our concerns. None of them tried to helped us of informed us that we needed to send a registered mail. We may have understood the cancellation rule, but no one helped us at all. They ignored and lied that I we wont have a problem at all. Please help.

 

[TUGBrian]

welcome to TUG.

you have two options here:

1. do you have any proof you spoke to any of those folks? sadly while everyone here believes you did, when it comes down to proving it that is a whole nother ball of wax and no doubt if they lied to your face regarding your cancellation, they are surely not going to own up to admitting they told you that you had nothing to worry about and they would process your cancellation just fine.

if so, cough that up any time they send you literature regarding your ownership and stick to your guns!

if not....

2. play hardball and stick to this story along with the email you sent (hopefully you still have that in your sent mail folder) as well as any response to that email...or anything in writing to provide as evidence when you dispute any charge made on your credit card and or refuse to pay any bill they send you etc. explaining that not only did you exercise your right to rescind while on site, but were informed by multiple parties (really help if you use their real names) that they acknowledged your cancellation on more than one occasion.

this can also be used to help your case should they make efforts to turn you over to collections or report anything to your credit (low chance, but not zero!)


3. reach out to profeco, the mexican government agency that oversees timeshares and these sorts of situations. submit your claim to them (or threaten to do so if you choose strategies 1, 2 or both!)

have you actually paid out any money of your own? provided bank account or credit card information?

 

[chayen80]

We did not put any down payment.

 

[chayen80]

Thank you for your advice!

 

[chayen80]

Also, the receptionist asked us to come to the hotel lobby to change the color of our bracelets the night we purchased the contract. I informed him that we didn’t need to because we already canceled the contract. We did not get any of their free tours and services either.
Are there any members in this group who were able to cancel the timeshare with the same experience as I am?

Do we have any members here that were able to fix the issue with the help of Profeco?

Thank you all so much!

 

[TheTimeTraveler]

I am new to the group. We purchased a timeshare last month, but we cancelled it on the same day via email. We did not put down money. We also texted our agent the following day. We went to Sunset Royal after 2 days to verify if they had received the contract, and the person who assisted my agent when we bought the contract was there and confirmed that their office received the cancellation letter. On that same day around 3:00 in the afternoon, we spoke to the agent about the cancellation of the contract. That night, I informed the manager of Sunset Marina that we canceled the contract as well. All of these people who we spoke with said the same thing that we do not have to worry about the contract anymore because it was canceled right away. I asked them if sending the email was enough and they all said to just wait and be patient.
We spoke to several customer service agents via email and via phone and they all said the same thing too that we do not have to worry and just wait for the response. None of them gave us the opportunity to address our concerns. None of them tried to helped us of informed us that we needed to send a registered mail. We may have understood the cancellation rule, but no one helped us at all. They ignored and lied that I we wont have a problem at all. Please help.

What makes you believe that you haven't cancelled the contract? Has someone from the Resort contacted you looking for payments?

This above situation is a valuable lesson as to why one should always obtain an official Government date stamp (i.e. Postmark) when making a rescission decision. And, all rescissions should be sent via CERTIFIED or REGISTERED MAIL .....

Profeco may be a good idea, but their first question to you will be "What makes you feel that the contract has NOT already been cancelled". I don't believe they will spin their wheels with a "what if" situation but I could be wrong.

Welcome to TUG.





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[theo]

I respectfully submit that attempting contract rescission by merely sending an email message and / or a text may have been legally inadequate, particularly if the contract clearly specifies other, different means required to cancel.

In any event, if you are not “out” any deposit money (which seems a bit odd), you can likely just turn around and walk away from this unfortunate mistake without consequences of any significance if you strike out with PROFECO, assuming that the hyenas do not have any of your credit card or bank account information.

 

[chayen80]

What makes you believe that you haven't cancelled the contract? Has someone from the Resort contacted you looking for payments?

This above situation is a valuable lesson as to why one should always obtain an official Government date stamp (i.e. Postmark) when making a rescission decision. And, all rescissions should be sent via CERTIFIED or REGISTERED MAIL .....

Profeco may be a good idea, but their first question to you will be "What makes you feel that the contract has NOT already been cancelled". I don't believe they will spin their wheels with a "what if" situation but I could be wrong.

Welcome to TUG.





.

When we sent the cancellation letter through email to the tb travel club to my agent, we texted the agent the following day. We also went to Sunset Royal to double check that they received the email. They confirmed that they are aware that we are cancelling and that we just need to wait. We believed sending the email was enough. They knew that we sent the email, but they still advised us to just wait. I asked if I needed to something aside from just sending the email when I spoke to my agent, hotel manager, and the guy who helped close the contract, they all said just wait.

 

[chayen80]

I respectfully submit that attempting contract rescission by merely sending an email message and / or a text may have been legally inadequate, particularly if the contract clearly specifies other, different means required to cancel.

In any event, if you are not “out” any deposit money (which seems a bit odd), you can likely just turn around and walk away from this unfortunate mistake without consequences of any significance if you strike out with PROFECO, assuming that the hyenas do not have any of your credit card or bank account information.

 

[chayen80]

No down payment, but the have copies of our cards. My husband and I froze our cards so we do not get future charges. Do you know anyone with the same situation as I am? Thanks!

 

[Passepartout]

No down payment, but the have copies of our cards. My husband and I froze our cards so we do not get future charges. Do you know anyone with the same situation as I am? Thanks!

You have no skin in the game. If you stop all charges, and (perhaps) change credit cards, and don't answer their calls and letters, they will simply cancel your membership (I'm assuming it's a 'Right To Use' (no deed) timeshare. You may well get some phone calls and collection letters, but their only tool is to cancel the membership, and that's what you want anyway.

We have instructed hundreds of Mexican TS 'owners' to do this and never had anyone say that their credit was affected.

Consider this a bullet dodged. You got away pretty easily in my view.

Jim

 

[Patri]

You are probably fine, but emails are never a way to go. A true paper trail is valid if you have to fight a rescission.

 

[T-Dot-Traveller]

Hi @chayen80 -there are resorts in Mexico that accept a rescission by e-mail .
I would probably get new credit card numbers.