Post reply

Re: Re: Re: Re: Vallarta Gardens Timeshare Scam (by Andrew K.):

Lance C:

You are doing a great disservice to those of us who have been scammed by a Mexican timeshare outfit by advising you don't need to visit a website like MESCAM.COM. YOU DO!!! Mescam has great information on what to include in your rescission letter to show these Mexican timeshare companies you mean business and you know your rights.

Here is my letter:

June 3, 2023

TTR GO, S.A. de C.V., Vallarta Gardens, Concierge Club #CC1774 KM 1.2 Carr. Punta Mita La Cruz de Huanacaxtle Bahia de Banderas Nayarit, Mexico 63734

SENT: U.S. MAIL & REGISTERED MAIL & FEDEX EXPRESS INTERNATIONAL &

EMAIL TO: CONTACT@CONCIERGEC.COM

RE:  Vacation package:  Vallarta Gardens, Concierge Club membership #CC1774, TTR GO, S.A de C.V., a Mexican corporation         Address:                  KM 1.2 Carr. Punta Mita                                          La Cruz de Huanacaxtle Bahia de Banderas                                          Nayarit, Mexico 63734 I am writing to you today to cancel my “membership” (AND ANYTHING RELATED TO MY PURCHASE) that includes but is not limited to TTR GO, S.A.de C.V., Vallarta Gardens, Concierge Club CC1774, Advantage Program, Advantage Services, innova Marketing Incentives AND to get a full refund of the $5900.00 which you have already charged to my credit card.  I am providing you with notice that I am canceling this contract within five working days from the signing of the contract/agreement.  IAW Article 56 of ARTICLE 56 OF LEY Federal de Protección al Consumidor states: " The contract will be perfected within five working days from the delivery of, or the signature of the contract, whichever occurs the latest.  During this period, the consumer will have the right to revoke his consent without any responsibility.  The revocation will have to be by warning, or delivery of notice, in person, by registered mail, or another method of average reliability.  The revocation, according to this article, will terminate the contract.  In this case, the costs of shipping and insurance will be the responsibility of the consumer.  If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase." I am aware that my right to cancellation and to get a full refund is non-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 has the 5 day right of rescission or cancellation.  A copy of the foreclosure letter (illegal) your representative Mike Hill had my wife and I sign will be forwarded to PROFECO if necessary. Further any argument you have claiming any fees are non-refundable are invalid according to Mexican law and this has been verified with PROFECO.

I have been in contact with other Americans and know what my rights are under Mexican law.  If you plan on sending me an email stating "As indicated in our agreement - you may cancel your membership at any time, but the enrollment fee is non- refundable, I am afraid I cannot comply with your request'; do not waste your time or mine.  You must comply by law or face fines.  You can also forget about sending me an email saying that filing a complaint with PROFECO will tie up my refund for months.  I know this is not true. Any attempt by you to refuse this request will be forwarded to PROFECO with my demand that PROFECO fine you to the utmost extent of the law.  You should also know that any email you send refusing me my rights, may be posted on the Internet for all the world to read and see how you do business. Due to the increasing number of resorts which are refusing to comply with Mexico Consumer Protection Laws (Article 56) and accept a legal cancellation of a contract ; I will be sending a copy of this cancellation letter to my credit card company and instructing them that any continuing effort by your resort to charge my credit card is an illegal act under Mexican law and constitutes Fraud.  I will also instruct my credit card company that if they choose to process your charges, which are in violation of Mexican law since this contract has been legally cancelled, I will file a lawsuit against my credit card company in a US court for damages.  You will be welcome to send your representative to the US for the trial and to testify for my credit card company and explain why you chose to ignore this cancellation which is being performed in accordance with Article 56 of Ley Federal de Protección al Consumidor. Comply with the law, cancel my contract, and send me my refund now!  You should also note that I am copying several Mexican and US government agencies by email this letter as proof that I notified you within the legal time period. Thank you very much for your time,

Do you really think a generic rescission letter simply stating you wish to cancel your contract would have the same effect to a Mexican timeshare outfit.

Lance please go to mescam.com, take 15 minutes to review their website and come back in this forum with your thoughts, unless of course you work for a mexican timeshare company. I look forward to your response.