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Urgent Help Needed! Getting out of Vidanta Contract (after 5-day window options)

Sarah Lane

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Please help, I'm still hoping that there is some way to get myself out of this financial mess.

I recently visited Vidanta Riviera Maya for the first time with my mother for her birthday in August. We had previously gone to the Puerto Vallarta location through her membership with RCI and she decided to trade in her older timeshares to buy into the Mayan Palace (we did not have a significant out of pocket expense due to trade over). During this recent trip, they pressured us for an "update" presentation and informed us that we would be able to upgrade from a studio to a 1bd for a 2014 price since we apparently got a "founding member contract" in our initial purchase.

We spent over 6 hours there with a fast talking and high pressure salesmen who ended up offering a deal for us to get a 2bd at a 1bd price with equity under a Grand Luxxe contract while keeping our original Mayan Palace contract. The cost for this ended up landing at close to $135K after starting out at close to $400K (our original Mayan Palace contract also gave us equity which we used against this albeit a small amount). He also threw in the "expensive perk package" for existing and future parks, etc for free.

I'm a young person who knows nothing about these dealings but my mother was convinced it was a good deal and we decided to move ahead with the intention that this would be an investment -- the salesperson also pushed that narrative showing us various screenshots on VRBO and Airbnb sharing stories of people generating additional income with ease. I was very clear with him about my finances being tight (I'm in my late 20s, live in a major city, and have hefty school loans) with a recent significant loss in the family and funeral expenses. He continued to quell my fears stating that I would be able to look into a vacation ownership program via Capital One (my home bank) which his clients had had success with as well as have the option to get a 30 year mortgage (again I know nothing about mortgages). He also signed me up for a Barclays card. We decided to move forward albeit with a lot of hesitation on 8/30/2021 with the expectation that I would be able to get financing that would allow me to have a low monthly payment and extended payback period. It was only upon returning home that I contacted the supposed program at Capital One that I discovered it was not in existence AND that most banks don't offer fractional mortgages! Hence, I'm locked in to Vidanta's terrible financing.

We were never told anything about the 5-day cancelation policy and truthfully I am still searching for it in my contract. I contacted Member Services this week to tell them I wanted to rescind and they were firm and clear that is stated in our contract and we were recorded saying that we understood everything in our contract. Member Services basically told me that I'm past the window to rescind and that I'm legally responsible for the downpayment (I paid around $4K out of my savings there and but $8K on a credit card which is now almost at it's limit!) which I still owe around $20K on and VCM - their financing company is already reaching out about auto deducting payments upwards of a thousand dollars starting next week! According to them, I'm also legally responsible for paying up to 70% of the cover page value of the contract which is to the tune of over $84K! I begged and pleaded that this is not something I cannot afford and he is going to "speak to the office" to see what can be done. The salesperson, who I contacted around the same time, is conveniently forgetting who my mother and I are after promising to be a resource for us upon getting home and is denying ever having the mortgage conversation with me. He's also supposedly seeing we the office can do. Both are saying it's out of their hands.

This is an absolute
NIGHTMARE. I have so much anxiety and stress and not sure what I can do now, I'm honestly on the verge of a breakdown. My credit score has dropped significantly due my high credit card balance thanks to some of the down payment and now it looks like I'm locked in with no idea how to pay. Does anyone have any advice on how I can get out of this with the least amount of financial responsibility or resources that could help me?
 

T-Dot-Traveller

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Please help, I'm still hoping that there is some way to get myself out of this financial mess.

I recently visited Vidanta Riviera Maya for the first time with my mother for her birthday in August. We had previously gone to the Puerto Vallarta location through her membership with RCI and she decided to trade in her older timeshares to buy into the Mayan Palace (we did not have a significant out of pocket expense due to trade over). During this recent trip, they pressured us for an "update" presentation and informed us that we would be able to upgrade from a studio to a 1bd for a 2014 price since we apparently got a "founding member contract" in our initial purchase.

We spent over 6 hours there with a fast talking and high pressure salesmen who ended up offering a deal for us to get a 2bd at a 1bd price with equity under a Grand Luxxe contract while keeping our original Mayan Palace contract. The cost for this ended up landing at close to $135K after starting out at close to $400K (our original Mayan Palace contract also gave us equity which we used against this albeit a small amount). He also threw in the "expensive perk package" for existing and future parks, etc for free.

I'm a young person who knows nothing about these dealings but my mother was convinced it was a good deal and we decided to move ahead with the intention that this would be an investment -- the salesperson also pushed that narrative showing us various screenshots on VRBO and Airbnb sharing stories of people generating additional income with ease. I was very clear with him about my finances being tight (I'm in my late 20s, live in a major city, and have hefty school loans) with a recent significant loss in the family and funeral expenses. He continued to quell my fears stating that I would be able to look into a vacation ownership program via Capital One (my home bank) which his clients had had success with as well as have the option to get a 30 year mortgage (again I know nothing about mortgages). He also signed me up for a Barclays card. We decided to move forward albeit with a lot of hesitation on 8/30/2021 with the expectation that I would be able to get financing that would allow me to have a low monthly payment and extended payback period. It was only upon returning home that I contacted the supposed program at Capital One that I discovered it was not in existence AND that most banks don't offer fractional mortgages! Hence, I'm locked in to Vidanta's terrible financing.

We were never told anything about the 5-day cancelation policy and truthfully I am still searching for it in my contract. I contacted Member Services this week to tell them I wanted to rescind and they were firm and clear that is stated in our contract and we were recorded saying that we understood everything in our contract. Member Services basically told me that I'm past the window to rescind and that I'm legally responsible for the downpayment (I paid around $4K out of my savings there and but $8K on a credit card which is now almost at it's limit!) which I still owe around $20K on and VCM - their financing company is already reaching out about auto deducting payments upwards of a thousand dollars starting next week! According to them, I'm also legally responsible for paying up to 70% of the cover page value of the contract which is to the tune of over $84K! I begged and pleaded that this is not something I cannot afford and he is going to "speak to the office" to see what can be done. The salesperson, who I contacted around the same time, is conveniently forgetting who my mother and I are after promising to be a resource for us upon getting home and is denying ever having the mortgage conversation with me. He's also supposedly seeing we the office can do. Both are saying it's out of their hands.

This is an absolute
NIGHTMARE. I have so much anxiety and stress and not sure what I can do now, I'm honestly on the verge of a breakdown. My credit score has dropped significantly due my high credit card balance thanks to some of the down payment and now it looks like I'm locked in with no idea how to pay. Does anyone have any advice on how I can get out of this with the least amount of financial responsibility or resources that could help me?

Short version.
Keep talking to Vidanta Member Services & work towards the best resolution
Stay Calm
 
Last edited:

bogey21

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I'd consider doing everything possible to walk away and eat whatever you have spent so far. If you choose this path, close your Bank Account and open a new one with a different Bank. Do the same with all your Credit Cards. At one time I used to trade (for my employer) bonds in multi million dollar blocks. An old Bond Trader told me that your best loss was always your first loss. I think that is where you are right now....

George
 

TheTimeTraveler

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I am not sure why your credit score "has dropped significantly" because of your down payment? Does your credit score drop every time you make a willing purchase?

In any event, work out what you can with the developer and then just walk away.

Best of luck!




.
 

Passepartout

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You missed the opportunity to simply erase the mistake. Sorry. There will be some pain with this- both immediate, and long term. You should seek a visit with a lawyer with consumer credit experience. They can advise you about things like bankruptcy- which CAN remove this debt, and student loans which can't be excused.
It may be that you can get some help from your mother, who was in on the sales discussion. It may also be that the best solution could be to buckle down, get a second job and pay the high interest loan down as fast as you can. Timeshare is NOT an investment, and if renting out those weeks was profitable. Vidanta would be doing it instead of selling weeks to unsuspecting foreigners.
At suggested above. Keep dealing with Owner Services, NOT the sales department. Then at a time YOU decide, walk away. This will NEVER be worth anything on an open market. The value in timeshare is in the memories the vacations provide.

We wish you well, and just wish we'd had this conversation a month ago.

Jim
 

bnoble

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You should seek a visit with a lawyer with consumer credit experience.
I think this is a great idea. There is no easy way to get out of this, because you signed a contract that is legally binding, and some damage has already been done. You may want to undo it, and that's not possible at this point.

But you can take some steps to limit the damage. You will want to get some good advice about the various "flavors" of debt you have: (1) some is non-dischargable (student loans), (2) some will be difficult to walk away from without a bankruptcy, and (3) some you can safely ignore with at most a modest hit to your credit. But, only someone with experience can tell you which is which, how to prevent adding anything more to Category 2, and what steps to take to ignore Category 3 with as little pain as possible.
 

petenjen

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Ugh. Reading this made me feel sick. Sorry you're going through this and experienced the one thing Vidanta owners hate about Vidanta. Hang in there.
 

PanaJack

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I am not sure why your credit score "has dropped significantly" because of your down payment? Does your credit score drop every time you make a willing purchase?
He also signed me up for a Barclays card.
We went through a similar experience in Feb 2021 - and yeah their sales group are vicious, they will lie, deceive, and manipulate everything you counter with. The Barclays of Delaware is an American bank - https://cards.barclaycardus.com/banking/about-us/ - that are in on the whole financing racket - they hit your credit almost immediately with a "Hard Inquiry" and then if you do not rescind within the 5day window - they process your credit as approved at a very high APR, for the full amount financed. In our case it was only $12K, but could have easily been $100K.
As noted by others - seek a lawyer that specializes in Time Shares. Best of luck - the people here on TUG are generally very helpful, and knowledgeable, and quite a few are intimately familiar with Vidanta's sales practices.
 

Passepartout

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@Sarah Lane I missed that they had you sign up for a credit card. That will be a separate issue. It means that Vidanta will be paid off, but YOU will be on the hook for the usurious +- 20% interest rate from the credit card. It is unlikely (even though they told you it's easy) that you can refinance this debt through a lower rate bank loan. We know of no one that will finance a timeshare.

If you have the ability, please try to refinance this. I ordinarily wouldn't suggest tapping in to a home equity or using your IRA or 401-k as collateral to pay credit card debt, but if your employment is secure, or maybe your family is in a position to front you a loan, you can save $10s of thousands in interest. You'll still own the (near) worthless timeshare, but that's a separate issue.

Good Luck!

Jim
 
Last edited:

Sarah Lane

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Thank you everyone who responded to this thread, I am so incredibly grateful for the guidance. I haven’t heard back from Member Services even though they promised to call me back today. Regardless it’s looking like I’m in for a fight.

I have gotten a contact for a consumer credit lawyer and am looking to consult with another lawyer who has timeshare expertise. Does anyone have an recommendations? Please share over direct message. I’ll be keeping this thread updated with developments.
 

tschwa2

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Thank you everyone who responded to this thread, I am so incredibly grateful for the guidance. I haven’t heard back from Member Services even though they promised to call me back today. Regardless it’s looking like I’m in for a fight.

I have gotten a contact for a consumer credit lawyer and am looking to consult with another lawyer who has timeshare expertise. Does anyone have an recommendations? Please share over direct message. I’ll be keeping this thread updated with developments.
Even if you could find honest and competent timeshare and/or consumer credit lawyers, you have the added foil of the transaction taking place in Mexico based on Mexican law so US based help might be able to help you mitigate a credit hit if any would apply, but would not be able to help with a fight against Vidanta. Contacting Profecto and negotiating with member services are going to be your best bet.
 

Fredflintstone

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I’m so sorry to hear this. I suppose it’s lesson learned to ALWAYS read ANY contract before signing. Many times it’s good to review the paperwork before signing by taking it with you and telling them you will review it and might get back to them. My guess is the 5 day window clause was in your contract.

Yes, I would concur and consult with an attorney is in order.

Your worst case scenario is to stop paying, lose your credit ability for 7 years and declare bankruptcy. You are young so 7 years is tough but can be done.

You know, I have always been a strong supporter of having it law that all Real property paperwork head to a buyer and seller lawyer. Signing is done in YOUR lawyer’s office where he or she is thorough on your rights and responsibilities before signing.

Again, I am sorry this happened to you and do wish you well.




Sent from my iPad using Tapatalk
 

bjones9942

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A sad reality, caused in part by our education system not requiring a personal finance class before graduating high school, is that almost everyone makes at least one big personal finance mistake. It's very likely going to hurt, and hurt for a while. But the pain is what makes you learn. You'll still wake up every morning. The sun will still shine. You may have to take a year and work an extra job while you eat meals of top-ramen, peanut butter and jelly sandwiches, and mac-and-cheese, but you can dig out of it even though it'll seem like your at the beach with a plastic kids shovel and waves that keep filling your hole in with sand.

Good luck with your situation!
 

easyrider

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We went through a similar experience in Feb 2021 - and yeah their sales group are vicious, they will lie, deceive, and manipulate everything you counter with. The Barclays of Delaware is an American bank - https://cards.barclaycardus.com/banking/about-us/ - that are in on the whole financing racket - they hit your credit almost immediately with a "Hard Inquiry" and then if you do not rescind within the 5day window - they process your credit as approved at a very high APR, for the full amount financed. In our case it was only $12K, but could have easily been $100K.
As noted by others - seek a lawyer that specializes in Time Shares. Best of luck - the people here on TUG are generally very helpful, and knowledgeable, and quite a few are intimately familiar with Vidanta's sales practices.

Does Vidanta offer a Barclays Credit Card ? It isn't listed in the Barclays Cards. I see Wyndham, Diamond and RCI but no Vidanta.

Bill

 

bogey21

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A sad reality, caused in part by our education system not requiring a personal finance class before graduating high school, is that almost everyone makes at least one big personal finance mistake.

I agree. A Semester or two of intense Personal Finance instruction in HS would benefit student greatly...

George
 

easyrider

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Please help, I'm still hoping that there is some way to get myself out of this financial mess.

I recently visited Vidanta Riviera Maya for the first time with my mother for her birthday in August. We had previously gone to the Puerto Vallarta location through her membership with RCI and she decided to trade in her older timeshares to buy into the Mayan Palace (we did not have a significant out of pocket expense due to trade over). During this recent trip, they pressured us for an "update" presentation and informed us that we would be able to upgrade from a studio to a 1bd for a 2014 price since we apparently got a "founding member contract" in our initial purchase.

We spent over 6 hours there with a fast talking and high pressure salesmen who ended up offering a deal for us to get a 2bd at a 1bd price with equity under a Grand Luxxe contract while keeping our original Mayan Palace contract. The cost for this ended up landing at close to $135K after starting out at close to $400K (our original Mayan Palace contract also gave us equity which we used against this albeit a small amount). He also threw in the "expensive perk package" for existing and future parks, etc for free.

I'm a young person who knows nothing about these dealings but my mother was convinced it was a good deal and we decided to move ahead with the intention that this would be an investment -- the salesperson also pushed that narrative showing us various screenshots on VRBO and Airbnb sharing stories of people generating additional income with ease. I was very clear with him about my finances being tight (I'm in my late 20s, live in a major city, and have hefty school loans) with a recent significant loss in the family and funeral expenses. He continued to quell my fears stating that I would be able to look into a vacation ownership program via Capital One (my home bank) which his clients had had success with as well as have the option to get a 30 year mortgage (again I know nothing about mortgages). He also signed me up for a Barclays card. We decided to move forward albeit with a lot of hesitation on 8/30/2021 with the expectation that I would be able to get financing that would allow me to have a low monthly payment and extended payback period. It was only upon returning home that I contacted the supposed program at Capital One that I discovered it was not in existence AND that most banks don't offer fractional mortgages! Hence, I'm locked in to Vidanta's terrible financing.

We were never told anything about the 5-day cancelation policy and truthfully I am still searching for it in my contract. I contacted Member Services this week to tell them I wanted to rescind and they were firm and clear that is stated in our contract and we were recorded saying that we understood everything in our contract. Member Services basically told me that I'm past the window to rescind and that I'm legally responsible for the downpayment (I paid around $4K out of my savings there and but $8K on a credit card which is now almost at it's limit!) which I still owe around $20K on and VCM - their financing company is already reaching out about auto deducting payments upwards of a thousand dollars starting next week! According to them, I'm also legally responsible for paying up to 70% of the cover page value of the contract which is to the tune of over $84K! I begged and pleaded that this is not something I cannot afford and he is going to "speak to the office" to see what can be done. The salesperson, who I contacted around the same time, is conveniently forgetting who my mother and I are after promising to be a resource for us upon getting home and is denying ever having the mortgage conversation with me. He's also supposedly seeing we the office can do. Both are saying it's out of their hands.

This is an absolute
NIGHTMARE. I have so much anxiety and stress and not sure what I can do now, I'm honestly on the verge of a breakdown. My credit score has dropped significantly due my high credit card balance thanks to some of the down payment and now it looks like I'm locked in with no idea how to pay. Does anyone have any advice on how I can get out of this with the least amount of financial responsibility or resources that could help me?

Let Vidanta know you are filling complaints and then file the complaints everywhere. Call your credit card and complain and if they don't follow through start complaints against them too. The squeaky wheel gets the oil.

Bill






 

Sarah Lane

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Does Vidanta offer a Barclays Credit Card ? It isn't listed in the Barclays Cards. I see Wyndham, Diamond and RCI but no Vidanta.

Bill

Yes it was a Barclays card!
 

Sarah Lane

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Thanks for the continued support everyone! They came back today with another offer (downgraded) that still requires us to pay a significant amount of money out of pocket and go through their financing. I pushed back and said that wouldn’t work for us after a lot of back and forth. MS said they are going back to see what they can do. They don’t seem to be scared of Profeco anymore but I don’t know if that was just a bluff. Definitely got upset at the mention of me going public on social media and said I was making threats!
 

tschwa2

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Thanks for the continued support everyone! They came back today with another offer (downgraded) that still requires us to pay a significant amount of money out of pocket and go through their financing. I pushed back and said that wouldn’t work for us after a lot of back and forth. MS said they are going back to see what they can do. They don’t seem to be scared of Profeco anymore but I don’t know if that was just a bluff. Definitely got upset at the mention of me going public on social media and said I was making threats!
They aren't scared of Profecto because legally they didn't do anything wrong. They don't have to tell you about the 5 day rescind, it just has to be in the contract and I'm sure they had you sign or initial next to that clause. As far as Mexican law goes, you are the one trying to break a legally correct contract. The most Profeco could do for you is to try to negotiate on your behalf.
 

easyrider

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Yes it was a Barclays card!

Barclays was recently in trouble for selling timeshare loans in Malta. If I had a Barclays card and I thought a Mexican company committed fraud using this line of credit as a sales ploy I would tell Barclays the purchase was fraudulent. I would also report Barclays to the BBB, Attorney General and every other consumer organization.

Bill

https://www.ft.com/content/45de31b2-1332-4f95-a7c2-4e5a157babf4
Barclays is to compensate almost 1,500 customers who were improperly sold timeshare loans in Malta worth a total of £48m, after a five-year legal campaign by the victims.
 

amycurl

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Vidanta seems very sensitive to public shaming....so, I think the threats to go public on social media and letting them know that--seems to get results. You will then usually have to say something like "We have resolved our issues," and not post anything else. (These are the posts that we've seen on TUG in the past.) They may also make you sign a NDA, which, in your case, would be well worth it if they let you off the hook.

But, yeah, that was a *particularly* shameless salesman. *sigh*
 

PanaJack

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Does Vidanta offer a Barclays Credit Card ? It isn't listed in the Barclays Cards. I see Wyndham, Diamond and RCI but no Vidanta.

Bill


They do not offer a "Barclays Credit Card" for Vidanta - but they do offer for RCI, that they will utilize for your Down Payment.

1633033900840.png
 

PanaJack

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Vidanta seems very sensitive to public shaming....so, I think the threats to go public on social media and letting them know that--seems to get results. You will then usually have to say something like "We have resolved our issues," and not post anything else. (These are the posts that we've seen on TUG in the past.) They may also make you sign a NDA, which, in your case, would be well worth it if they let you off the hook.

But, yeah, that was a *particularly* shameless salesman. *sigh*
During our ordeal in Feb - we were attempting to rescind the very next morning and got the run around - Right up until I informed Mr. Mark Fox that I was able to find his information on the internet - to which he got very very confrontational. He even asked nicely for us to turn off the recorder we were using so he could speak off record - stating that none of the Vida Sales group's information was on the internet due to security risk to their families...... And or course - he helped the rest of the rescinding process go quite smoothly... Yet getting to speak with him was like pulling teeth.
 
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