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Re: Has anyone purchased from Vallarta Gardens? (by Marlene D.):

randallb68 wrote:

This was, at the start, somewhat our experience as well. I think part of the problem is the credit card 'investigators' are mostly accustomed to investigating fraud, not a validly cancelled contract. The VG people also fought us and we had the exact same thing happen twice: we showed in writing that we executed a valid rescission, and VG kept providing them the contract we signed. Finally, on the third attempt, I circled and highlighted the section from the contract dealing with rescission, provided - for the third time - a copy of our cancellation notice also signed by the VG representative with a timestamp from Profeco on the third business day and our post office receipt for the mailed notification. That finally sunk in, VG didn't respond to their request for evidence that we had not cancelled, and we won our appeal.

I think it something of a mistake to confuse the issue with fraud claims - they're right, we signed the contract. They're wrong, though, that the contract is binding, because it was timely cancelled. We also made it clear to our credit card company that we were ready to go to mediation/arbitration if necessary to assert our rights.

trini73 wrote:

Hi, we were scammed by VG too. Although we canceled within the time period with Profeco's help, they are fighting the CC company. The credit card fraud people are somewhat sympathetic, but their attitude is "Well, you signed a contract." So I'm trying to collect as much info as possible for our attorney to show that this company is a scam. I'm hoping someone can help us by posting the exact wording of the "Fly & Buy" program clause and what page it's on in your contract (numbered page or exhibit page). Also, is there any wording in anyone's contract about VG's obligation to liquidate the timeshares they promised to take in exchange? Or is there just a "worksheet" with the numbers they say your timeshares are worth? Any wording would be helpful--if it exists. The guy who writes the blog on Insidethegate.com says anyone who's defrauded by Mexican timeshare scammers should file a claim with the FBI via IC3. Maybe if all of us do this they'll start (if they haven't already) an investigation and shut these criminals down. The web address is http://www.ic3.gov/complaint/default.aspx. It doesn't seem to be a complicated form. The phone number for the FTC is 877-382-4357. There's a citizen's complaint form on the web at http://www.justice.gov. Don't think that the FBI and the US justice department can't do anything. Many of these creeps are American or Canadian citizens. Meanwhile, if anyone can help us with the wording of the "Fly & Buy" clause we'd appreciate it.

Randall, Just reading through all of the hundreds of complaints against VG and came across yours. Would you please be kind enough to point out the section from the contract dealing with 'rescission'. Many thanks, Marlene