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Margaret´s Story - Grand Mayan Regency Resort Timeshare
I have
been scammed by the Grand Mayan Regency Resorts’ coercive, intimidating
and deceptive sales practices.
Like many when I didn’t rise to the sale during the prolonged sales
presentation, I received an offer by another sales person offering me the
timeshare another couple in the same large room was supposedly upgrading
from. After waiting until the other couple had finished their transaction
and moved to the closer, their share was explained to me in greater detail
and I was asked to sign a form rescinding the right to a 3 (?) day
cancellation and refund period. I was told this was necessary since I was
buying a unit that had been owned already. Hm-m-m, can you say bait and
switch?
I
have since learned the actual cancellation required by Mexican law is 5
working days and, also by law, it can NOT be rescinded. I was also told by
Grand Mayan I could not in any case receive a refund of my initial
deposit, $5915.00 US. This is a lie. According to Profeco, the
cancellation period is not only for canceling the contract but also for a
full refund of any monies exchanged. I believe I was asked to sign a three
day paper because that was enough time for them to get my deposit monies
from my credit card company before I could place a stop payment. Since I
contacted my credit card company after 3 days I have had to file a dispute
complaint with my company.
I am fortunate that my contract date is January 20, 2006 and that my first
contact for cancellation was January 24, 2006. I received two
confirmations of receipt, one from the accounting office, and a second
from the sales office. In that initial email I asked for documentation of
my contract’s cancellation and refund. I received a phone call on my
answering machine within a week telling me to call my sales closer,
Fernanda, back, in order to complete the process. I had specifically told
them in my email to not contact me other than to send complete
documentation of the cancellation and the refund. I included my email
address for correspondence, if necessary.
A few days later I received another phone message from Fernanda telling me
my contract had been cancelled, that I could reach her with any questions
by phone. She also said monies deposited at the time of my contract will
be forfeit and that my contract would not be assigned to “our”
collection agency. Also, “Have a nice day”. Frankly, the tone of voice
used in this second phone message was threatening. The “our” of
collection agency seemed intended to remind me of the implied threat
spoken after I had signed the paper rescinding my cancellation period;
that contracts are turned over to collection agencies and credit bureaus
if cancelled. I responded with a second email to make myself clearer on
February 2, 2006 to which I also received confirmation of receipt. It
contained the following:
1. I do not want any telephone contact with you. Email me if you must.
2. I want paper documentation of the cancellation of my contract mailed to
my home address below.
3. In the cancellation I also want documented that the contract will not
be sent to any collection agency, nor will any comments be sent to any
credit reporting agency.
4. I want a full refund of my $5,195.00 US to my credit card. I also want
paper documentation of the transaction refunding my money.
5. Finally, I want to be assured that you will take my concerns about
identity theft seriously and destroy all documentation of my personal
information.
Thank you for a written and timely reply. I hope to hear from you before
next Friday, February 10, 2006
It is now February 17, 2006. I haven’t heard anything further.
It appears that I, like many before me, will have to do the Mexican
timeshare fraud “dance” of filing formal complaints. In addition to
filing the dispute charge with my credit card company I will file
complaints with Profeco, www.econsumer.gov , the Oregon State Attorneys
General (my state), the Texas State Attorneys General (the company’s
state), US Department of Justice and send letters to Senators Ron Wyden
and Gordon Smith of Oregon.
What an incredible waste of human potential and time!
Maybe
my story will act as a warning to others that there are American companies
out there (currently in Los Cabos) that will hide behind their Mexican
subsidiaries while using coercive, intimidating and deceptive sales
practices, practices not allowed in the U.S., so they can steal your
money.
Naďve? I guess I used to be. Not anymore.
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