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Original Message:

Re: point rental liquidators (by David R.):

I am a New York lawyer who does not practice consumer law. However, I am a victim too & I just applied to BofA for a $10,500 chargeback. From research I did on the internet, you may be able to sue BofA under the Truth In Lending Act, 15 U.S.C. Sect. 1666i. wherein you could assert a breach of contract action and maybe get a small amount of punitive damages and attorney fees. 15 U.S.C. 1640(a)(3). If a class action is instituted by that lawyer, that lawyer may get even more money. Since your parents bought in 2011, it may depend on whether they received any money from PRL and when they noticed a breach of contract. The time period does not run until the delivery of the service, i.e. getting rental checks from PRL. The Statute of Limitations for a breach of contract start from the date of the breach. However each state has its own statute of limitations period and I do not know where they live. There are also some other limitations I do not have space to list. My advice is to talk with a lawyer in your area about suing BofA under this act.

tinak117 wrote:
I've talked to so many different people in the Billing Disputes dept. and the Fraud dept. at BofA, that I stopped keeping up with the names. You rarely get to talk to the same person when calling back. My parents were scammed 5/29/12. We tried filing "fraudulent charges" with BofA on 7/2/12 which sort of put the credit card acct. in limbo for up to 90 days while they were attempting to resolve the dispute. They eventually rejected our claim bc SHR (the merchant) insisted the contract was not fraudulent. I continued researching and later found info on this forum about another way to file a dispute. This 2nd dispute was filed 1/3/13. At first, BofA wouldn't start the dispute bc it had been over 6 months since the initial charges. I think the 90 days the acct was on hold during the 1st dispute is what finally allowed them to process the 2nd dispute. We had to wait 45 days to get an answer, but finally got credits to the CC accts. The reason I don't post the specifics on here is that SHR probably reads this and I don't want to give them any tips on ways that victims have been successful fighting their scams. I wish we could separate the victims from the scammers on here. If your initial charges were less than 6 months ago, I would def file disputes NOW. BofA said it's in the form that you signed to open the acct that any disputes have to be filed within 6 months. That's why PRL's contract says it takes 6 months to get your 1st check. UGH! Don't think for one minute that Sunset Harbor Resorts doesn't know about this scam and endorse/encourage it, probably initiates it. Debbie Berra, the on-site manager, admitted to me that she knew Hughes Dewailly & Pat Thompson (male) very well & that they paid them commissions for selling their timeshares. The charges on the CC list SHR as the merchant, not PRL.

deborahw286 wrote:
Can someone tell me how old the charge was that was refunded to the parents who purchased at Sunset Harbor?? I have been in contact with RCI Bank of America but they have informed me that I waited too late to take action...I am driving myself insane trying to get through...Please help! Can you give me the name of the dept. at Bank of America that assisted you? I have talked to the fraud dept. as well at billing inquiries, I have sent faxes and hard copies...still they say I did not notify them in a timely manner. We made our purchase in 2011...comment to help please!!