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Sticky - Know Your Rights Of Rescission Before Attending A Mexican Timeshare Presentation

DeniseM

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WKORV, WKV, SDO, 4-Kauai Beach Villas, Island Park Village (Yellowstone), Hyatt High Sierra, Dolphin's Cove (Anaheim) NEW: 2 Lawa'i Beach Resort!
Louiso - A gentle request, please don't keep posting the same questions over and over again.

1. Read the extensive info. that is already in this thread.

2. Most of the people who ask about G&G post once, and never come back again, so they will never see your post - to send them an email, click on their blue user name. For instance, miroxlava hasn't been back to TUG since November.

3. Per my response in your other thread, you will not get a recommendation for this company from any of the regulars here, because this is a "recovery" company located in Mexico with high fees - it is not a law firm, and it is not in the US.
 
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Timk

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TimK

My wife and I have multiple time shares in Cabo San Lucas, Mexico. We like all of our resorts. Unfortunately, like all time share owners, we have some regrets. Also like many owners, circumstances have changed. We have not retired and we both have had shoulder surgery.

Initially we tried to rent out some of our our time shares. The company we chose was a scam. A couple of years ago we decided to try to sell our time share that includes golf. Again we got scammed. Just today I got another call from that time share resale company. The salesman used every point that DeniseM the moderator mentioned in her comments.

The bottom line is that if you can not sell the time share on E-bay for a small fraction of what you paid for it, you certainly will not sell it through a re-sale company for more than you paid initially. If you are not going to use the time share, can't sell it, and do not want to pay maintenance fees and "bank it" fees, you may consider dumping it. The old theory applies: "Why throw good money after bad". That is the decision we made for the golf time share.

This choice is not without its perils. The timeshare may come after you for unpaid fees. That is the risk.

Has anyone else taken this path?
 

beach_bumz

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Have you tried to give it away? If there are golf benefits someone might want it. The Cabo trip advisor forum has a ton of caboholics --maybe someone there might be able to take it off your hands.
 

mgb33

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I just realized today I was also scammed by KIVC!! I'm soooo upset I fell for all their lies. Looking now on how to get out of this contract. Please email me with suggestions.
 

Karen G

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I just realized today I was also scammed by KIVC!! I'm soooo upset I fell for all their lies. Looking now on how to get out of this contract. Please email me with suggestions.
Go to the first post in this long thread and click on the link for Profeco. You should contact them with all your details.
 

Antunalu

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krystal

Hopefully you are not over the 5 day cancellation limit because if you are, I'm not too sure Profeco will be able to help out. They are having the 4th hearing and last hearing on my behalf on Monday, January 23rd. I havent had any luck with any of the other 3 hearings, so I'm sure this one won't be different. It seems like they can get things resolved if you are within the 5 day cancellation time, but other then that, I haven't seen much good results.
They said I can take it up with the Mexican Tribunal if I don't agree with the results of this last hearing. I'm ready to tell them to just cancel it and suck it up to an expensive vacation, because I don't want to deal with the yearly maintenance fees and bad credit because I don't plan on giving out any more money.
 

tdjo1978

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Update

Hello all! Not much to update as of yet. I continue to get emails and phone calls from the "financial advisor". She has told me the last several times that if we don't accept her proposals that she will turn our case over to the legal department and the collection agency. In one email she mentioned turning us over the the "International Bureau". I have no idea who this "international bureau" is referring to. We responded ot her multiple times stating that we will not accept any new proposals from her, that we do not want to do anymore business with this company & that we cancelled within our 5 days and we stand firm in our choice to cancel. She just ignores us basically & tells us we can't cancel because we waived that right by being moved to the other resort. I have a friend who is an attorny (he is not able to practice international law) but he has told me that he would not talk with her anymore. At this point, if our "case has become a legal matter and placed with collections" then we should hear from someone other than the financial advisor who first contacted us with alternate offers. I am still praying that they do not appeal our dispute with out credit card company. Everyday I go to the mailbox with the feeling of dread. Our paperwork is still en route to Profeco. I mailed our paperwork to them a month ago! Talk about being slow. I am also praying that Profeco will fight for us once they receive our stuff. I will continue to keep you posted with any changes. Thanks again to everyone for their support and advice. This forum has helped me more than you can ever know.
 

tdjo1978

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update

I received an email Friday from Profeco. They have filed a complaint against Sunset & are scheduled to meet on our behalf as of April 24, 2012.

I have blocked the financial advisor's email address from sending anymore emails to me. I figured I would start being contacted by someone else by now, but it has been 3 quiet & peaceful weeks since I have heard anything from them. I still figure that I will hear something from someone with Sunset soon, but I have been so thankful for this time they have left us alone! Also, I just contacted our credit card company that issued us the chargeback for the amount Sunset charged us at the signing of the contract. I am so excited because Sunset never appealed our dispute with the charges. Sunset had 60 days to file an appeal with our credit card company and they didn't! That means that our chargeback is final & Sunset can not get that money :whoopie: I just had our card information changed so that they can't try to charge anything else to it in the future.

This is all I have to update at this time.
 

Karen G

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I received an email Friday from Profeco. They have filed a complaint against Sunset & are scheduled to meet on our behalf as of April 24, 2012.

. . . Also, I just contacted our credit card company that issued us the chargeback for the amount Sunset charged us at the signing of the contract. I am so excited because Sunset never appealed our dispute with the charges. Sunset had 60 days to file an appeal with our credit card company and they didn't!
Thanks so much for sharing your good news. Since Sunset didn't file an appeal with your credit card company, it sounds like you are off the hook with them.
 

taffy19

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This is great news. Please, people send a thread like this to your credit card company and they may read that you are not the only one lied to or scammed as many have been before. It may help you getting your hard earned money back.

Most people have to sign a gag order and cannot post the outcome of the dispute but this person helped many by reporting back. :)
 

rrdrums

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me too!

:mad:

Just got back from Maya Riviera. Same situation as others and realize I am probably part of the Krystal Scam. Instead of clogging up Posts, could someone email how to fight this and get my money back?
 

Passepartout

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:mad:

Just got back from Maya Riviera. Same situation as others and realize I am probably part of the Krystal Scam. Instead of clogging up Posts, could someone email how to fight this and get my money back?

You aren't clogging things up at all. If you are within the rescission period, just follow the instructions in your contract and it's a done deal. If you are beyond that, it's more trouble. Start reading post #1 in this thread and get with Profeco. If you have evidence of fraud, that may work well, too.

Wishing you success.....

Jim
 

sunshine1151

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Profeco? Not sure!

My husband and I ended up having second thoughts about a timeshare purchase and did go to Profeco. The lady at the reception was not English speaking, nor was anyone else at Profeco. When I questioned why there were no English speaking people available, her answer was "lady this is Mexico."
We were dropped off by a cab at the Profeco office. Ended up coming out of there in tears. Lo and behold, the cab driver waited for us.....I guess knowing we would be out soon.
If anyone needs to go to Profeco, be prepared with a translator.
Not much faith in Mexico.
 

Portmoody911

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I just bought three days ago at the Grand Mayan in Los Cabos, and after going through this forum and reading every word doing my due diligence, I am going to rescind because what they promised me is not being delivered already only three days after!

I'm going to do it in person!

My contract says that I have the right within 5 days of signing to a) "returning all documentation to Member Service representative at the Resort and obtaining a signed receipt or b) sending written notice....

I'm still at the resort and don't see why I should not try to get it done in person! I will not be bullied!

Danny
 

Portmoody911

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I am happy to report that the Grand Mayan did rescind my contract without any problems. I went directly to member services, they were pleasant, offered three additional pitches in total, very low key no pressure, and finally an exit interview!

I walked out with all the original paperwork I signed contracts etc, plus a copy of the rescission document. I was impressed by their professionalism

Thank you everyone for saving me a bundle!

Danny
 

Passepartout

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Cool! We usually don't recommend that the rescission be done in person because of (a) the pressure from the sales staff and (b) because often the office to do it is elsewhere.

But you did good!

Now go enjoy your vacation and when you get back, come bake for a visit and someone(s) here will offer whatever guidance you want towards a life of ever better vacations and travel.

Best!

And if no one said it before, Welcome to TUG!

Jim
 

Portmoody911

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Thanks for the info,

by the away spoke to visa this week, they told me according to Canadian law and the rules of VISA, i have 14 days to rescind, regardless of what the contract i signed says.

Interesting, good info if anyone is stuck out there.
 

mommytolucan

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I bought my Krystal Cancun timeshare last year so there is absolutely no hope of getting out of anything I suppose (even if I haven't used it yet). I am sooooo angry at them for promising something that I can see will probably never happen, the renting of my weeks, which is the only reason that I ever bought it. :mad:
 

FamilyMan

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Sucessfully canceled: Westin Lagunamar Cancun Timeshare

We successfully canceled our timeshare. Thank you.


First we would like to say thank you to TUG members for providing us with the information we needed. We are much better informed now, and will be better prepared when we eventually purchase a timeshare.

I wanted to post this so that it will help others who have bought or trying to cancel their timeshare.

Here is our story:

We went on Vacation in Cancun Mexico and decided to attend a timeshare presentation at Westin Lagunamar Resort. This resort is owned by Starwood Vacation. We personally think Starwood has a great product and their timeshare pitch was very low pressure. We respected that. But we were not prepared in terms of doing our research about timeshares, prices etc. so we ended up purchasing a timeshare with Starwood. Only afterwards did we poke around on TUG to find the wealth of information about resale’s and other timeshare companies. We wanted more time to research first before buying a timeshare that best suits our needs.

We purchased timeshare on a Monday. And decided we didn’t want it anymore by Wednesday. Reading through our contract, we found our that we had 5 days. Our hearts were racing and we started to freak out.

In our contract we had a line saying:

“YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 5 DAYS AFTER THE DATE YOU SIGN THIS AGREEMENT ("CANCELLATION PERIOD") OR THE DATE ON WHICH YOU RECEIVE THE LAST OF ALL DOCUMENTS REQUIRED TO BE GIVEN TO YOU PURSUANT TO APPLICABLE LAW, WHICHEVER IS LATER. IF YOU DECIDE TO CANCEL THIS AGREEMENT, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL. YOUR NOTICE OF CANCELLATION SHALE BE EFFECTIVE ON THE DATE SENT AND SHALL BE SENT TO: WESTIN CANCUN SVO MEXICO, INC., AT 9002 SAN MARCO COURT, ORLANDO, FLORIDA 32819; ATTENTION: DOCUMENT ADMINISTRATION DEPARTMENT OR IN MEXICO AT BOULEVARD KUKULKAN KN. 12.5, LOTE 18, ZONA HOTELERA, 77500 CANCUN, QUINTANA ROO, ATTENTION: DOCUMENT ADMINISTRATION DEPARTMENT. ANY ATTEMPT TO OBTAIN A WAIVER OF YOUR CANCELLATION RIGHT IS VOID AND OF NO EFFECT. WHILE YOU MAY EXECUTE ALL CLOSING DOCUMENTS IN ADVANCE, CLOSING BEFORE THE EXPIRATION OF YOUR 5-DAY CANCELLATION PERIOD IS PROHIBITED. THE REIMBURSEMENT OF ANY FUNDS RECEIVED BY SELLER WITH RESPECT TO THE INITIAL DEPOSIT MUST BE MADE WITHIN A MAXIMUM OF 15 BUSINESS DAYS FOLLOWING THE CANCELLATION DATE.”

We started to panic and wanted to go back to the sales office to cancel. But my suggestion is to remain calm. Re-read the cancellation instructions. We realized we didn’t need to go back to the sales office. So, took a leap a faith and followed instructions in our contract.

In the contract it says 5 days after the date of signing. Since we purchased on Monday, the 5th day AFTER the date of signing would be Saturday. 5 Days is 5 Business Days, which means we really have until Monday to cancel.

We had a flight back to Toronto on Friday. Wrote a letter and mailed it out Saturday. About 2 weeks later we got our refund. We didn’t mail back the materials and books they provided us (again read the contract, it doesn’t say anything about returning materials)

So to help those in a situation similar to us, here’s what we did

  1. 1. Get home (if time permits) and write a cancellation letter
  2. 2. We sent the letter via CanadaPost Registered Mail with Advice of Receipt. Costs less that $20. Registered mail a must. Advice of receipt (which is proof they received it is optional. But we like to had a proof just in case)
  3. 3. CanadaPost will timestamp your envelope and mail it away. (Remember it is not about when Starwood receives the letter, it is more important that you send the letter within the 5 days.
  4. 4. It took CanadaPost/USPS 6 business days to get the letter down to Orlando. The tracking number they provided us is not really accurate. Until today, it shows the mail has not yet been delivered. We freaked out a few times until we got the Advice of Receipt letter returned in the mail to us. Meaning they have received the letter.
  5. 5. Within 3 days, Starwood vacation refunded our money. YEY!

Our Advice
Now that we have gone through canceling, our advice is to stay calm and follow the instructions on the contract. We resisted the temptation to spam them with emails, phone calls, going back to the purchasing office and freaking out. An advice I have is to have faith in the Law.

We mail our cancellation letter to the US address. As our contract says, we can mail our cancellation letter to Mexico or Orlando. We chose to mail to Orlando, because we felt the mail system was more reliable with the hard working folks in Canadapost and USPS.

Another lesson learned was to do your research first. TUG forum has tons of information. Timeshares are not scams. They are timeshares. And really, you just have to find one that suits your needs and budget. It’s a commitment that needs time and thought before purchasing. I’m glad we were able to cancel. Thank you everyone.:cheer:
 

FamilyMan

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What happens after sending the rescind letter...

Just a little added information for those asking what happens after we sent our rescind letter.

Our letter was sent via Canada Post Registered Mail (only registered because it provided proof of when we sent it). Attached to it was something called "Advice of Receipt"(AOR) Card (to prove the they received the letter).

After we sent our registered mail/AOR to SVO to cancel our timeshare, we waited for CanadaPost/USPS to send our letter to Orlando. It took about 6 business days.

Once they received the letter, our money was refunded within 3 days. Although the company refunded the full amount charge on our credit card, we actually ended up losing about $200 because of the difference in exchange rates. The company refunded our money without any notice to the credit card on file.

10 days later we received our AOR in the mail confirming that they have recieved our mail.

2 days days after that, we received a letter from Starwood Vacations lawyers confirming the cancellation. And requesting for any books and materials to be sent back to them.

Hope this all helps!
 

siesta

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congrats on rescinding! Now after you do your research you can determine which resale timeshare, if any, is right for you with no pressure and deadlines.
 

Jo'Se

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That's great... Since Westin/ Starwood is a larger well known comany, they are less likely to scam you out of the cancellation right like other local-Mexican resorts (aka: Krystal)
 
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That's great... Since Westin/ Starwood is a larger well known comany, they are less likely to scam you out of the cancellation right like other local-Mexican resorts (aka: Krystal)

Unfortunately Resorts such as Krystal have a reputation for not honoring the FIVE DAY CANCELLATION RIGHT granted in Mexico.
 
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Great Information

Wow such great information, glad to hear the folks at Emerald Bay were as Decent as those at Sunset Beach Pueblo Bonito, while I am not always happy with them, I at least know my property is very nice and only have it for 30 years... before it falls down like many of friends with old crappy US timeshares - who wants a 25 year building on the Las Vegas strip with 25 inch bulky TVs still in the rooms, at least Marriotts have flat screens
 
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