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Original Message:

Re: Re: Re: Re: Re: Mexican Timeshare Solutions is a Scam (by Mexican Lawyer):

ken1193 wrote:
ricardon24 wrote:
Even though it is a right of use, it is not enough to stop paying for it to be canceled, since the service provider will not stop earning the maintenance fee, at least to pressure it will include you in the credit bureau and that can damage your credit history. I hope it was as simple as stopping paying to cancel the membership.

"Mexican Lawyer" (quoted above) may or may not actually be a lawyer. My own doubts about that aside, I will merely note that, over the years, it is very rare for there to be any negative credit report consequences for those who simply stop paying the fees on Mexican RTU contracts.

There is no ownership of anything in a Mexican RTU contract. For all intents and purposes, a Mexican RTU contract is nothing more than a "membership" with annual fee obligations. Those who stop paying those annual fees will be in breach of contract and will obviously lose both their initial "investment" and their future use of that RTU "membership", but usually nothing more. It's just not worth the bother at the Mexican end to pursue any further action for non payment of fees; there are plenty of other Gringos ready to come along, pony up their money and sign on the dotted line.

I am very happy to know that the credit history of Americans is not affected by defaulting on the timeshare contract. If so, it seems to me the best option to get out of said contract without consequences. However, I must clarify that under Mexican law the creditor has the option to terminate the contract due to non-payment or to exercise the enforcement action by means of the coercive payment, this I comment only as a cultural fact, being that the effect of not paying the maintenance fee will not be able to use the property but this does not cancel the contract. Now, there are cases in which the contract can be nullified due to an abusive clause and obtain the return of the money paid, being this an interesting option to recover the payment.