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News Flash: April 2010 - American tourist beats credit card company. Finally one of the many people who email us for help got the courage to take our advice and stand up to the credit card companies who make a profit off of you getting screwed by these Mexican Timeshare resorts. Mr. L filed a small claims lawsuit against BankAmericard based on the fact that he cancelled his contract with the 5 days allowed by Mexican law, and the resort's continued effort to charge his account amounted to fraud and BAC was doing nothing to stop the fraud. Mr. L got a judgment of $4750 against BAC. If you legally cancelled your contract and the resort continues to bill your credit card, that is FRAUD and if your credit card company does not act, they can be liable. By US law you are only responsible for the first $50 of a fraudulent charge if you notify your credit card company of the fraud in a timely manner. You need to start standing up for yourself and fight both the timeshare resorts and your credit card company if necessary. Once we start making the credit card companies pay the bill, they are going to rethink their position of supporting these crocked timeshare resort. |
If you feel you were defrauded at a timeshare or vacation package sale in Mexico, you can fight back for a full refund.We have received many requests for help by American, Canadian, and other tourists who feel that they were victimized by timeshare and vacation package sales presentations while on vacation in Mexico. Most of the people who have contacted us for help are complaining about the experiences they had at the Mayan Palace with both the MP timeshare package, their "Discover the Dream" vacation package, and now with their "Great Vacation Club" package. Visit our Common Complaints webpage to see what some of the typical complaints that past tourists have had who have contacted us.
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NEW FIGHTING BACK NEWSAre you looking to fight back against your timeshare company? Have you read my webpages about fighting back and are wondering if you can do this too?? NOW YOU DO NOT HAVE TOO. I have found a couple of website designers who would be willing to set up your website on a contingency basis. You would purchase the domain name ($3 to $10 at www.namecheap.com) and the website hosting service (should be around $50 for a year) and then negotiate a percentage of your refund as payment to the website designer. The website designer will work using your story and somewhat copying the resort's actual website to set up a website that will warn future victims to stay away from the resort. Once the website is up and running, you will have a better negotiating position to force the resort to refund you the money they scammed you out of. Most of these resorts have in the past given in when the victims have stood up to them and threatened their future business. Given enough "bad press", you stand a good chance of negotiating a refund and then you pay your negotiated percent to the website designer as their fee. If this does not work, you are only out the $60 in service fees which will be a lot less than what you would pay an attorney, and this approach will probably be a lot more successful. Visit our "FIGHTING BACK" webpage to see what you can do.
NEW TIMESHARE SCAMThe timeshare companies have come up with a new scam to prevent you from exercising your legal rights to cancel within 5 days. This scam is being mostly reported in use at the Sunset Group Resorts. The scam starts when you first figure out that you have the right to cancel within 5 days. The resort people will accept your cancellation request, tell you everything is fine and you will get a complete refund, but they make sure that there is no evidence that you actually cancelled. This is usually done by having you write out a cancellation letter which you sign, but which they never sign and you NEVER get a copy of. Once you leave the office thinking the whole nightmare is over, all the evidence of your cancellation disappears. Since you think everything is over, you never follow-up with an email, fax, or anything that would prove you cancelled within 5 days. NOW ALL THE LYING BEGINS. You get surprised days later when the resort denies that you ever cancelled and since you are now outside of the 5 day period and have NO evidence that you did cancel, YOU ARE STUCK WITH THE CONTRACT. You have to realize, these Mexicans think it is perfectly fine to lie and cheat any non-Mexican. Expect that everything they say is a lie. If you cancel within 5 days, MAKE SURE YOU HAVE HARD EVIDENCE THAT YOU CANCELLED. This means getting a signed copy of the cancellation letter with their person's signature on it, and preferably on the resort's letterhead. Take your video camera and videotape the whole transaction. For final protection, email or fax the resort a duplicate cancellation letter and copy PROFECO on the email. Do not simple take their word for the cancellation, or this will be the second time they have scammed you and they will be laughing at you, the stupid gringo, over margaritas that evening.
IMPORTANT NEWS FLASHWe have recently a letter from an attorney supposedly representing Mayan Palace (see actual letter). This now convinces me that all attorneys are scum. The material referred to is a copy of a sales manual that supposedly comes from Mayan Palace. Of course Mayan Palace can claim that it is a fake, and unfortunately, I received it third hand so I can not vouch 100% for its authenticity. I initially removed this material to avoid a legal fight, but several people have asked me about it so I am re-posting the material with the following explanation. I have to admit that the material reads exactly like the sales presentation I received when I was at Mayan Palace. The sales manual instructs salespeople to tell buyers that they can cancel within 5 days, but their deposit is non-refundable (this is not what Mexican laws says). This manual also contains a sample of what to say to a buyer concerning rental income, future timeshare value, and how to use these values to show what a "good investment" a timeshare is. Many people have said "I don't know how we were convinced to buy this timeshare". Reading through this material will help people understand the how and why of their purchase, whether it is a fake or not. If you can verify or vouch for its authenticity, you may wish to include it as supporting evidence in a formal complaint to PROFECO if you decide to fight back. This information is now available for your viewing and downloading on our new Timeshare Material page. We are also including on our new Timeshare Material page a copy of a Purchaser's waiver form used by Krystal International. Anyone having similar material that other purchasers could use as backup material in their formal complaints to Profeco or in letters to Mexican Government Officials are welcome to send me a copy so the material can be posted for others to use. P.S. I have one visitor take the email address off of this attorney's letterhead and write her telling her what a scumbag she was. That really made my day!
Our MissionTo assist tourists who feel defrauded with their purchase of timeshare or vacation packages at Mexican resorts. We have received many complaints about Mayan Palace timeshares and the Mayan Escape and MP Discover the Dream vacation packages. If you have purchased a timeshare or vacation package within the last 5 days, you have the un-waiveable right to cancel your contract for no reason at all. Even if you signed a release giving up your 5-day cancellation rights, these rights can not be waived and you can cancel. The timeshare company HAS NO LEGAL RIGHTS to keep your deposit no matter what paperwork you have signed. If you are in this situation and you wish to cancel your contract or your vacation package purchase, you must immediately notify the seller that you wish to cancel and you want a full refund of your money. Go to our CANCELLATION PAGE for details on how to proceed. If you are in Mexico and are cancelling in person, take your videocamera to document your effort to cancel. Without physical proof, some timeshare companies simply claim that you never attempted to cancel. View the videotape of my effort to cancel. It was only because I had this video to prove I tried to cancel that PROFECO awarded me a full refund. If you are outside of the 5 day cooling off period, you can still fight back, but it will be a tougher fight. Although you will not have much of a legal position, go to our ADVANCED REFUND PAGE for more details on how to proceed.
Your RightsTo help tourist understand their rights we have translated key portions of Mexico's Federal Consumer Protection laws that w have applied in the past in support of formal complaints filed with PROFECO. You can find these listed on the YOUR RIGHTS webpage.
Past SuccessTo date we have helped over 150 people in their fights with Mexican timeshare and Vacation Package companies. In Fall 2003 a group of about 38 tourists fought back against Mayan Escape's Discover the Dream and netted a total of over $140,000. In early spring 2004 we had a second group of over 75 people who received over $200,000 in refunds. A recent tally of our vacation package efforts and our timeshare efforts has yielded that our refund total have grown to over $1,800,000. This includes the original people we helped at Mayan Escape's "Discover the Dream", and more recently timeshare victims at Mayan Palace, Pueblo Bonito Sunset Beach, Pueblo Bonita Monte Cristo, Hacienda Encantada, Krystal International, El Cid Vacations Club, and Playa Grande. I have also recently been accused by two different Mayan Palace employees of having a vendetta against Mayan Palace. Duh? I wonder what their first clue was? To be honest, I started this effort because a Mayan Palace - Discover the Dream sales manger insulted me when I tried to cancel within 5 days. That incident got me fired up and started this crusade. The only reason most of my activities continue to be against Mayan Palace, is because most of the people contacting me have complaints about Mayan Palace. We have also gone after Krystal International, Pueblo Bonita, and Sunset Lagoon when people have asked for help with these resorts.
Fighting BackWhether you have gotten your refund yet or not, there are many ways to fight these timeshare and vacation package companies. Visit our FIGHTBACK webpage for ways to start. The more people who fight back, the more pressure will be put on these companies to clean up their business dealings.
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