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Rescind Royal Holiday? Help please..

ryand

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Hi everyone,
I am a 40 year old with a family of 4 and got duped into buying Royal Holiday Club membership on March 30th. I just got back and starting digging into this more and while it sounded great there of course I have found the numbers do not add up and was misled quite a bit. I would like to cancel the contract and believe I may still be able to however am seeking advice. I thought of myself as a smart person but have not slept now and am in full stress mode feeling that I robbed my family of our hard earned money. I feel like a fool and am doing what I can to correct my poor decision.

- We are from BC, Canada
- I bought on March 30, 2015 in Mexico
- Downpayment of $6980 + $1500 closing costs USD
- Defferred anothe $6980 for 30 monthly payments
- I paid on Mastercard and Visa
- Contract says 5 business days cancellation but they got me on my first of 10 days there so just back on the 8th late

I contacted the credit card companies and they say I have 15 days with them to rescind contract because of the complaints they have had calling it a "cooling off period". They advised me to submit and email and registered letter to Royal Holiday Club notifying them of my wishes to cancel and if they money is not placed back on my card 15 days after that to contact them to start a dispute.

I am going to talk to a lawyer locally here and have him review the contact as well to be sure but I thought this group may provide better advice. Here are a couple direct questions:

- The contract says "submitting the cancellation request in writing and returning the documents to the corresponding sales office with acknowledgement of receipt from the SELLER" sounds like I need to need to send the large box with the Welcome catalog back to them with a letter. Does that sound correct or just the letter?

- The contract also says to send registered letter to the legal rep of the seller and to the address on the contract. Again, assuming I should send to all 3 even though it's past the 5 days?

- Should I attempt to contact the sales person or the account rep assigned to me and ask them to cancel the contract and inform them that my credit card company and lawyer are involved? Any advice here.

- Assuming I should change my account numbers on my credit cards ASAP after the money is put back on or do that immediately? Is that even possible if I want to dispute?

Any advice is very much appreciated. I feel ill about this.
 

tschwa2

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Does your paperwork say 15 days at well or is that just what they are telling you? Look at your paperwork and rescind they way it tells you to do so.

Buying a resale (for $1) I have been offered more than one contract for free, if you really understand the system and it works for you may make sense but buying from the developer does not. From what I have seen it seems like the benefits have been stripped over the last 10 years so for me it isn't one I would want even for free, just paying the ongoing MF's/
 

ryand

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Hi, the contract says 5 days. Only the credit card companies say they have seen contracts say 24 hours and the credit card company says their 15 days is what is considered. I am hoping someone has done this before so I have some confidence and do things right.
 

Passepartout

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Mexico allows rescission for 5 business days. This right cannot be waived. This is why they try to make the sale on the first couple of days of your vacation.

Due to your tardiness, You might be the owner of a nice vacation package, but....

I'd still send a rescission letter. I'd copy PROFECO, alleging that they were not clear on the rescission timetable. DO NOT call the sales office. All that will do is prompt them to delay your decision and action to rescind. Challenge the charges on your credit cards. In your letter say, 'Promotional Material to be returned under separate cover.. (after they accept the rescission)

We wish you good luck, and Welcome to TUG. Wish we'd heard from you last week. It would have been much easier for you.

Jim
 

TUGBrian

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You have nothing to lose and everything to gain by still attempting to cancel using all the ideas above.

However once outside your legal cancellation period, things get much more difficult.
 

ryand

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I have sent off the letters via registered mail but not sure how quick they will arrive. Should I send an email to the account rep and ask her to cancel or just wait now?
 

Passepartout

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I have sent off the letters via registered mail but not sure how quick they will arrive. Should I send an email to the account rep and ask her to cancel or just wait now?
It doesn't matter when they receive it, only the postmark showing when you send it matters. DO NOT call them. Preferably do not answer if they call you. Nothing good can possibly come of you having contact with them. If they DO call you it can serve as notice that they may be processing your rescission.

Now. Know that they can play hardball. This late, they don't HAVE to allow you to rescind. A recent poll showed that of TUGgers, almost exactly half bought their first timeshare from the developer. The reasons you saw value in timeshare where you bought are still valid. You simply overpaid. You're in good company. We've all overpaid for things in our lives and gotten over it.

If it truly is a hardship, and will ruin your life, then by all means see a lawyer with experience in consumer credit counselling and bankruptcy. Otherwise, treat it as a bad decision and move on. Or you can decide to play hardball back. Post bad reviews on their Social Media sites. On TripAdvisor. On TUG in the Resort Reviews (you'll have to join TUG for $15 to do that). Believe me, enough bad reviews and they'll be more than happy to be rid of you. We see plenty of retractions like 'We have come to an amicable agreement with (the developer).' No details ever follow.

You've done what you could. Now the ball is in their court. the waiting game begins.

Jim
 

ryand

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This will not ruin me thankfully but seeing the numbers not add up even close now with what the salesperson promised and seeing the terrible trouble people have had with this company makes me want to make sure I don't give them money for the next 30 years. If I have to write off the initial loss of 10K then I will have to deal with that but that makes me sick. What would be worse is paying another 8K and more money each year for "maintenance".
 

Passepartout

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You should look over this PDF: http://www.profeco.gob.mx/revista/publicaciones/otas_pub_06/timeshares_abr06.pdf and consider contacting them. Especially since you have discovered 'discrepancies' between what you were told and what the contract says. Not that we (or I suspect you) should be surprised to find out that salesweasels lie. A letter from them to the resort will do wonders to support you getting the late rescission.
 

ryand

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I will certainly not call the sales office. If I wait then I will likely see other charges come depending on how long. I see that sending an email to Profeco is a good option but I assume I should only do this after at least 15 days from today. Would this be correct? Or should I email the sales rep, the account rep, Profeco, my lawyer, etc. all in one email or start by emailing the account rep and sales rep and ask them to rescind as a first attempt? Or none of the above. Sorry, I know calling them is not good but is emailing good? I will fax a cancellation letter as well to them but want to be sure I don't do anything more to shoot myself in the foot here.
 

Passepartout

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I will certainly not call the sales office. If I wait then I will likely see other charges come depending on how long. I see that sending an email to Profeco is a good option but I assume I should only do this after at least 15 days from today. Would this be correct? Or should I email the sales rep, the account rep, Profeco, my lawyer, etc. all in one email or start by emailing the account rep and sales rep and ask them to rescind as a first attempt? Or none of the above. Sorry, I know calling them is not good but is emailing good? I will fax a cancellation letter as well to them but want to be sure I don't do anything more to shoot myself in the foot here.
You're really on uncharted territory here. We advise almost daily on what to do during the rescission period, but afterwards, it's more art than science. I think that too much contact is better than not enough. You've sent a rescission letter. Maybe opening a file through PROFECO showing promises made by the salesweasel vs what's in the contract -if you saved anything that shows his/her promises- would help. Otherwise it's your word against theirs. If calling them is seen as a bad move, why would emailing be any better? Or faxing? You've said in writing that you want out and you want your down payment back and said you'll send back all their junk when the rescission is done, and that they aren't getting another penny from you. You've notified your credit card(s) to not honor or to challenge any payments to the timeshare company. At this stage, it either works or it doesn't.

Good Luck. Keep us informed.

Jim
 
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icydog

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Here's a thought. Try using your timeshare. I used to own RHC and had several fine vacations. I just couldn't stand the management company. If you do everything online from paying your maintenance fees to reserving good weeks in nice resorts, you'll be fine.

There's a need for Acceptance at this point. You bought it. You made a mistake but now you're going to learn how to use your property. You are going to learn to plan lovely vacations for your family.

That's where TUG comes in. We'll help you make the best lemonade from the lemon you say you bought.

How many points did you buy? Did you get an incentive in free points for the first year?

Don't forget you can bank or borrow your points to plan even nicer vacations. We can help if you get overwhelmed. Just don't worry. Acceptance goes a long way!
 

ryand

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Thanks 333hrl. I will be doing that soon. Currently in the process of ensuring my Visa and Mastercard deposit disputes go through. From there I will have to bombard them.

I would use the timeshare if there was no deceit in the sales process but finding out more about what is actually provided compared to what was sold to me is a little different and starting a contract with that is simply wrong.
 

icydog

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Thanks 333hrl. I will be doing that soon. Currently in the process of ensuring my Visa and Mastercard deposit disputes go through. From there I will have to bombard them.

I would use the timeshare if there was no deceit in the sales process but finding out more about what is actually provided compared to what was sold to me is a little different and starting a contract with that is simply wrong.
It may be wrong but you may be stuck with it. I hope you can get your money back but the bottom line is I doubt you will. With all the good intentions in the world I doubt that the suggestions given to you here (other than to reach out to the Perfecto or challenging credit card charges with your bank) will be an exercise in futility. I'm trying to save you from "Tilting at Windmills".
 
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