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Do not feel ashamed or embarrassed because you were scammed.  You are in very good company.  Their typical victim is well educated, has extra cash, loves to vacation, and often are already pleased with a different timeshare.   Sort of like the Enron thing – how can you blame someone for buying their stock when all of the numbers looked good - so it should have been a good investment.  In our country, they throw you in jail when you outright lie about the financial numbers.

Try getting some sleep – you probably have not been doing so well lately.
 

Do You have a case?  If so there are four important steps:

1. Write your cancellation letter stating that the timeshare broke Mexican law and you want a full refund within the week.
2. Email to the timeshare (you can follow up with regular mail)
3. Follow up with emails to the resort every few days asking for status of your request.
4. File a case with Profeco if they have not agreed to cancel and return all monies in 7 days.

More things to remember:

Do not pay them any more money. They might come after you if you just stop paying - but I doubt they will if you are accusing them of fraud.  They do not like the publicity.

Place a hold on your Charge card.  In my Case, Visa said they will have someone contact me (in a few weeks).  When they contact you – you will typically only have a case if you cancelled within 5 business days.  They will ask you to mail them paperwork and your cancellation letter.  This basically just gives you a bit of time without interest to settle your claim.  I hear there is no time limit with American Express - but the lesson here is to call them as soon as possible and find out their rules and restrictions.

Prepare a cancellation letter to the Timeshare stating why you want a refund of all monies.  The only charge that is really against Mexican Law is making you waive your right to the 5 day cancellation period, or, to not accept your cancellation.  I have only known one person that won in the misrepresentation "gray area", on their terrible sales practices and lies about resale and rental value.  This case was not with the timeshare that scammed me.  It also took her a very long time - but she was successful getting a credit of over $20,000.  According to some of the sales dates I am currently working with, my Mayan palace timeshare still leads you to believe that you waive your right to cancellation. And it appears to be getting more wide spread.

Email the cancellation letter to your timeshare and copy Profeco.  You need to file a FORMAL complaint with Profeco or they will not follow up.  They will request you to send them specific information.  Follow up with regular snail mail (optional) to the timeshare and include Profeco.

Someone will probably call you from the timeshare, typically within a few days.  They will say lots of things like – well you got such a good deal, or, we do not buy back timeshares.  They are just as hard here as they were in the sales presentation.  They have predetermined all of your complaints and prepared answers in advance.  My same timeshare chain in Puerto Vallarta is really tough and difficult to get your money back – probably takes 4 times longer with Puerto Vallarta than my Mayan palace timeshare I purchased in Cancun.  I am starting to work with my first case in Rocky Point, and very recently had some cases with Mazatlan.  And be assured not all complaints are for my Mayan palace timeshare.  I have worked with a few other cases from different Mexican timeshare chains.

When the timeshare calls you they will offer to “downgrade you to a one bedroom or an every other year contract”.  Take it if you like the area, like the resort, and just do not want to pay them anymore.  If you bought it as an investment – this would not be a solution.  You will need to be as strong as they are.  Your goal is to get your money back.

They really do not like bad advertising.  Complain to every website you can.  Travel magazines, RCI, AARP, AAA, newspapers, local TV, etc.   I really believe I settled in less than a week was because I was so vocal.  There are also reports that they monitor this site, along with TUG and other sites listed on my helpful links page.  At this point – while you are still angry – send a chain letter email to everyone you know warning them about timeshare scams – see my sample letter. 

Profeco will be your best friend here – although they are extremely slow.  They did not respond to me until a month after I settled, but their follow-up was very good and they are the only source that has it in writing that my contract was actually cancelled, even though I did get a refund on my charge card.  They have heard this same story countless times, and they will believe you.  It is their job to do something about it.

When you settle, they will probably make you sign a gag order.  There are a few of us that they missed.  That is why I can speak of it.  Remember – your goal is to get your money back - sign it if they will refund all monies. 

If you are not gagged, help me get the word out.  Help me think of ideas so that we can prevent this from happening.  I am still angry and to make matters worse, the two salespeople I worked with and looked me in the face and lied to me -  were Americans, one even from Wisconsin. 

Visit the Links page for email addresses and websites to provide further information.
 

So far I have helped consumers get back about 200,000 in credits and twice that in contractual obligations that were cancelled.  This is no penny and dime situation - and it really makes me feel good to help.
 

Remember - Profeco is your best friend
 

The link is
 http://www.profeco.gob.mx/html/consumidor/denuncias.htm#attention

"Attention to Foreigners

Profeco is committed to always provide the best service. We extend
our protection to the people who do not live in Mexico and acquire
any product or service from a Mexican supplier and are not satisfied
with the good or service.

This is a totally free service and does not require the presence of
the consumer in the procedure.

The complaint can be submitted in any Profeco office, Embassy,
Consulate or any other official representation. The Profeco address
is Av. José Vasconcelos No. 208, 6º Piso, Col. Condesa, México D. F.
C.P. 06140

The information you must submit is: your name, complete address,
telephone and fax numbers, and office hours for contact; supplier´s
name and address; a short letter explaining exactly what the reason
of the complaint is and the amount requested; copies of all
documents as evidence of the transactions, and all other available
documents to support the claim.

For further information you can contact us at the following numbers:
55-68-87-22; 01-800-468-87-22 or E-mail: extranjeros@profeco.gob.mx "

You have to dial 011-52 before the number if you call.

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You can also try this phone number 01152 5555 688 722