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How I fought and won the TS battle

Thank you all for your comments and suggestions posted in this website. It has helped many, many people like me, new owners, to understand more about time share and our rights. With all the helpful information, I was able to fight with the developer and got my money back (2 months later). Now I would like to post my experience and hope it can help anyone else in similar situation. Summary: We bought our 1-WEEK time share in Mexico for 30 years. Paid for by credit card (RCI Elite Rewards) applied at the resort. The Resort made us sign our waiver – non refundable, non cancellation with penalty contract (we did not know that there are rescission period in Mexico). Then a month later, we received a CERTIFICATE of ownership that worth about ¼ of what we originally signed and paid for. I sent a letter to the resort request for an explanation of the incorrect information. While waiting to receive the resort’s response, I did my research and realized that we were deceived by the waiver that they made us sign. Understanding that I have a case here, I proceeded to seek for contract cancellation. First, I contacted and filed my case with Profeco (Mexican’s Consumer Protection agency) and also filed a claim dispute with my credit card. - 3 weeks after sending letter to the resort, we received a revised Certificate which now matched our contract. But at that point, I was no longer interested in being TS owner, so I decided to pursue with my cancellation goal. - 20 days after I filed my dispute with credit card. I received a denial letter from credit card company. I then wrote 2 letters, one to the resort stating that I want to have my contract cancels and , and another one to my credit card, requesting my dispute claim to be re-reviewed and why my request is justified. Here is my letter to the resort: To Whom It May Concern: RE: Contract Cancellation Request – Contract XXXXX Dear Mr. XXXX I am writing this letter to request our contract (No. XXXX) to be cancelled and have our deposit be fully refunded due to the fraudulent information that we were given. 1. Our signed contract clearly states that we bought XX week per year for XX years, but the certificate that the resort provided shows "bi annual odd year for 15 years" and only from week 01 to week 50, which excludes X Mas and New Year weeks. This exclusion was never discussed at the presentation. According to Article 32 of Mexican Consumer Protection Laws, the intention to give falsified information is a fraud. 2. The resort and your sale rep. deceived us by requesting us to sign Contract which includes Penalty Clause (Item #10), and the Cardholder’s Acknowledgment to acknowledge that our contract is non-refundable, non-cancelable. This is ILLEGAL IN MEXICO. According to Article 56 of Mexican Consumer Protection Laws, it states: Cancellation Period ”There exists a five (5) day period of cancellation, during which the contract does not become perfected, for sales that are described as "at domicile, mediate or indirect". This indicates those sales that are proposed or carried out, outside the local or establishment of the provider, including the rental of chattels and the rendering of services. This also applies to the selling of timeshare rights. This 5 day right of cancellation is not waivable (the buyer cannot give it up) and even if the buyer is convinced to sign a document to give it up (waive the right) that waiver is not valid and the buyer still have (sic) the 5 day right.” The resort knew that this Cancellation Waiver is against the law in Mexico but continues to request its customers to sign away their rights. Because of this fraudulent information which indeed made us believe that we can’t cancel our contract; therefore my actual rescission period would expire. This is fraudulent, deceptive and illegal business practices. We, therefore, request that our contract be cancelled with deposit be fully refunded. For your information, I have filed my dispute with the credit card company, Profeco, California State Attorney General’s Office, Better Business Bureau, Federal Trade Commission and few other agencies until a satisfactory solution is reached. Thank you in advance for your cooperation. I hope this matter will be resolved very quickly. Here is a letter to RCI Elite Reward Credit Card requested to have my case be re-reviewed. Account No. XXXXXXXXXX To Whom It May Concern: In response to your finding letter dated 9/24/07 in regard to my dispute claim of $_______ from__________, on the above account. I disagreed with your finding and found that it is an unfair settlement against me due to the conflict of interest of RCI Elite Rewards and the developers. 1. I found that it is unjustified that it took more than 20 days for your company to acknowledge the receipt of my dispute (your letter dated XXXXX); yet only 4 days to conclude your finding (your letter dated XXXXX). 2. Your letter claimed that you attempted to contact us, but were unable to reach. I don’t believe this is true because we gave you our email, work, home and even cell phone numbers, which all have answering machine available, but no messages were left. 3. Your letter stated “the information that we received was not what we specifically requested or was not complete.” This again is not true because you never sent us any letter indicated that you need any additional or specific information. 4. The contract, which this credit card was approved and used to pay for, is proven to be a fraudulent, deceptive and illegal because of the following: a. Our signed contract clearly states …..(see above) , the intention to give falsified information is a fraud. b. The resort and sale rep. deceived us (see above) This is ILLEGAL IN MEXICO. According to Article 56 of Mexican Consumer Protection Laws, it states: Cancellation Period ”There exists a five (5) day period of cancellation, during which the ….) the 5 day right.” The resort (see above)…..; therefore my actual rescission period would expire. Therefore, this is fraudulent, deceptive and illegal. Your letter mentioned that “At Bank of America, our Customers depend on us for the highest level of customer satisfaction, and we are committed to providing the superior service you deserve and expect.” That is exactly what I expect and believe that it is your duty as our credit card lender, to protect the rights and the interests of your customers, especially when you knew that your customer is being deceived by an illegal business practices. Perhaps my original dispute letter was not clear; I don’t believe that you have thoroughly investigated my claim. Therefore, I once again request to have my case be re-reviewed without any bias, conflict of interest and hope that it will be settled according to the facts. I have sent my cancellation request letter to the Resort, complaint letters to Profeco, California State Attorney General’s Office, Better Business Bureau, Federal Trade Commission and willing to continue taking any further actions until a satisfactory solution is reached. Attached for your review are all the documents that support our claim and reasoning. I had also forwarded a copy of my cancellation letter request to Profeco to update my file. I also filed complaints to Better Business Bureau; Federal Trade Commission; Within a few hours after emailing a copy of my cancellation request letter, the resort credited back a full amount to my account. I just received a confirmation from the Resort, yet have not received any words from Credit card or Profeco. That is how I fighted with this battled and won. It takes lots of energy and effort to make it happens. So anyone, who has the hard evident showing that you are requested to sign away your rescission rights, you have a case. Please be persistence and prepare your energy to fight this battle; it pays off. Good luck!