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[2012] SCAM - Occidental Vacation Club

Villager91

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Hello everyone,

This is a general warning to anyone considering buying a timeshare (or Vacation Club as they call it) from Occidental Vacation Club - STAY AWAY. The whole thing is a scam that will not save you any money over simply booking vacations through any reputable internet travel site. All of the "promises" that are made by the salespeople will not be included in the contract and, as a result, you will probably get a nasty surprise the first time you try to book a week through the reservation line. My wife and I got suckered into buying an annual First Club studio unit at Occidental Allegro Cozumel (although we were in the sales office in Playacar) for about $20,000. This included 2 regular weeks (1 standard and 1 "developer" week) and 35 bonus time days each year. Obviously, in hindsight, we were stupid to buy into the lies and misrepresentations, and clearly overpaid for something that has almost no value. Even worse, we probably paid a lot more than other inflated developer prices paid by others for the same Studio. The fact that we signed up for something like this the same day as the tour was insane, but the sales guys are really good, the lies make you believe like you are actually going to save money (which is absolutely not true) and that there are tax benefits to donating weeks to the Make A Wish foundation (NOT TRUE - do a simple Google search for this one). Yes, you can donate weeks to send kids to Disney, but you can NOT take a tax deduction for it. If you try, look forward to potentially expensive and time-consuming quality time with an IRS auditor. One other very important piece of advice - DO NOT ACCEPT ANY ALCOHOLIC DRINKS DURING THE TOUR OR SALES PRESENTATION.

Unfortunately, I spent time every day re-visiting the sales office to get things clarified and in writing, but I kept getting pushed off ("oh yeah, we'll get that to you" - NEVER HAPPENED. it was a daily delay tactic). When we got home, I made many calls to the reservation line, RCI, etc. to validate what we were told. The biggest discount claim - that owners get 35% of the published all-inclusive rates every year is FALSE - you only get this discount the first year and only if it is specifically written into your contract. J. Sean Stacy, the project director, will tell you things to your face but will never follow through. When you try to cancel, he will claim that you will owe ridiculous penalties for doing so (which goes directly against the language in the contract) YOU HAVE AN UNWAIVABLE, LEGAL RIGHT TO CANCEL WITHOUT PENALTY OR OBLIGATION. They will have you sign a "FINAL SALE" document to try to convince you that you cannot cancel - THIS IS A LIE and is ILLEGAL (they also don't include this page in your fancy leather binder when you leave). Don't get suckered into paying a penalty to cancel the contract if you are within the rescission period. Bob Behrens is a typical sales guy - tell you what you want to hear and expect you to trust him - BAD IDEA. Greta Sanchez (the "legal verificator") is probably just doing her job, but she will have to live with her own conscience for scamming people on a daily basis.

OVERALL - STAY AWAY FROM THE TIMESHARE PRESENTATION. It's not worth the time or aggravation. If you really like the club, think you will use it, and want to have less choice about how and when you travel, then buy OVC re-sale weeks for significantly less. Even better, buy something at one of the larger timeshare companies like Hilton, Disney, Wyndham, etc. (re-sale of course), and trade in to Mexico if you want. Finding this forum was a life-saver over the last couple of weeks as I was trying to figure everything out.

We were fortunate that we sent our cancellation notice within the cancellation period. Now for the fight to get our full down payment returned. We have opened an investigation with our credit card company in case there are any issues getting the full refund and have been communicating regularly with PROFECO. PROFECO has been very helpful and I would recommend that anyone with questions or concerns contact them.
 

Passepartout

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No secret that they and a whole lot of other Mexican TS outfits lie like rugs. Nothing they promise is in the contract. I feel certain that eventually you will get what they took from you, but it will be neither quick nor easy.

Best wishes and keep us informed as this progresses. We LOVE to hear success stories from people who rescind in time. Congratulations!

Jim Ricks
 

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Welcome to the forum, sorry you didn't find us sooner, but glad you found us before its too late. Now do your homework and find an ownership that fits your style and budget, and buy resale!
 

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Thanks for the responses and words of encouragement. I have been doing a lot of reading over the past week or so on the different timeshare companies. Still have a lot to learn before I would even think of pulling the trigger on a different purchase via re-sale. Despite this experience, we still are keeping an open mind to the whole concept, just not with Occidental or any other Mexico-based timeshare company. First step is getting our down payment back.

I actually received a ridiculous e-mail with a letter attached confirming our cancellation and offering a "discount" on the penalty. Entertaining stuff. Per the contract, we have the right to cancel without penalty or obligation, why in the world would they think we are naive enough to sign something like that? (although, with that being said, we were obviously dumb enough to sign the original contract last week....)

When I responded that we would not be signing away our rights or agreeing to any ridiculous penalties, reduced or otherwise, Sean Stacy "rescinded" our cancellation and threatened sending the debt to collections, notifying credit bureaus, obtaining legal judgments to garnish wages and place liens on real property, etc. What a load of crap. I wonder if he really thinks people are that stupid.
 

pjrose

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Thanks for the responses and words of encouragement. I have been doing a lot of reading over the past week or so on the different timeshare companies. Still have a lot to learn before I would even think of pulling the trigger on a different purchase via re-sale.

. . . Sean Stacy "rescinded" our cancellation and threatened sending the debt to collections, notifying credit bureaus, obtaining legal judgments to garnish wages and place liens on real property, etc. What a load of crap. I wonder if he really thinks people are that stupid.

Yes, because many if not most with whom they deal are. You obviously aren't, and it sounds like you're taking all the right steps and not letting them intimidate you. Please do keep posting here, as this may help others dealing with the same issues!
 

aliikai2

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Keep after them

As you have already witnessed , they are pros at the Stall tactic, so you will need to be persistent. Also make mention of Profeco every now and then in your emails. Greg

Thanks for the responses and words of encouragement. I have been doing a lot of reading over the past week or so on the different timeshare companies. Still have a lot to learn before I would even think of pulling the trigger on a different purchase via re-sale. Despite this experience, we still are keeping an open mind to the whole concept, just not with Occidental or any other Mexico-based timeshare company. First step is getting our down payment back.

I actually received a ridiculous e-mail with a letter attached confirming our cancellation and offering a "discount" on the penalty. Entertaining stuff. Per the contract, we have the right to cancel without penalty or obligation, why in the world would they think we are naive enough to sign something like that? (although, with that being said, we were obviously dumb enough to sign the original contract last week....)

When I responded that we would not be signing away our rights or agreeing to any ridiculous penalties, reduced or otherwise, Sean Stacy "rescinded" our cancellation and threatened sending the debt to collections, notifying credit bureaus, obtaining legal judgments to garnish wages and place liens on real property, etc. What a load of crap. I wonder if he really thinks people are that stupid.
 

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I plan on staying on top of them. I have been copying the PROFECO email address on all of my email responses and have made clear that a formal complaint will be filed if the refund is not processed within the timeline specified within the contract.

In the meantime, I faxed about 40 pages of documents to American Express, including copies of the contract, cancellation letter, proof of mailing of cancellation letters, receipt from the post office, copies of all emails, and a copy of the "discounted penalty" offer letter that I received from Greta Sanchez, the "legal verificator".

Not sure what else I can do in the meantime, except for continue to post updates online and wait for Occidental to do the right thing, the credit card company to settle the dispute in my favor, or eventually file a formal complaint with PROFECO. Given that Sean Stacy at Occidental alread stated via email that they won't cancel or refund our money, should I just go ahead with the formal complaint?
 

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Here is a copy of the latest letter (with personal info blacked out of course) that we received "confirming" cancellation (despite the "cancellation" of our cancellation last week by Sean Stacy). I am debating whether to upload images of all of the contract documents, etc. in case others would benefit from seeing all of the sordid details. I am sure Occidental Vacation Club would love to see their full contract posted on the internet for all to see.

Basically, in today's letter, they want to have us sign something that waives all present and/or future obligations (i.e., waive our right to the return of the closing costs and down payment). It's really unbelievable. The scam continues to the bitter end. There is no way that we are signing this ridiculous letter. It looks like the clock will run down and we will have to file a formal complaint with PROFECO. In the meantime, American Express will take care of things. We cancelled within the terms of the contract and within the 5 business days prescribed by Mexican law and we will get our money back.

CancellationResponseLetter_5-15-12.jpg
 

ladytee

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Same situation

Hi,
Unfortunately I find myself in the same situation. I wish I had read your post before making a huge downpayment.
I would love to be able to communicate with you directly...
 

Karen G

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Hi,
Unfortunately I find myself in the same situation. I wish I had read your post before making a huge downpayment.
I would love to be able to communicate with you directly...

You can send an email to villager91 by clicking on the user name and then choosing email.
 

ladytee

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no response

I tried to contact village 91. No response.
I was told many lies by represetatives of this company including the fact I could use their club to book my graduation celebration vacation in July at the leading hotels of the world. I didn't even consider that these people could be out and out LIARS so stupidly I used my vacation money that I had been saving for years to buy into the vacation club that will not help me even one iota on my upcoming trip.
I really should have done my research. Does anyone know how I can get this contract cancelled without having to pay a kings ransom?

Interestingly, I looked up the rates to book a room at one of their hotels, The Royal Hideaway, in August. It turns out that if anyone books the hotel for 8/5 thru 8/12 on their regular website they will pay $200/night per person. If I use the Vacation club member ship then I first have to pay the $275 maintenance fee then the all inclusive fees are $230/night per person!!

So I would actually end up PAYING A LOT MORE as a vacation club member than if I booked it on their own website. sigh. TOTAL AND COMPLETE RIP OFF!

Does anyone know how I can get this contract cancelled without having to pay a kings ransom?

Their business practices are so unethical. I am interested in filing a class action lawsuit.
 
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Commonly - unfortunately.

I tried to contact village 91. No response.
I was told many lies by represetatives of this company including the fact I could use their club to book my graduation celebration vacation in July at the leading hotels of the world. I didn't even consider that these people could be out and out LIARS so stupidly I used my vacation money that I had been saving for years to buy into the vacation club that will not help me even one iota on my upcoming trip.
I really should have done my research. Does anyone know how I can get this contract cancelled without having to pay a kings ransom?

Interestingly, I looked up the rates to book a room at one of their hotels, The Royal Hideaway, in August. It turns out that if anyone books the hotel for 8/5 thru 8/12 on their regular website they will pay $200/night per person. If I use the Vacation club member ship then I first have to pay the $275 maintenance fee then the all inclusive fees are $230/night per person!!

So I would actually end up PAYING A LOT MORE as a vacation club member than if I booked it on their own website. sigh. TOTAL AND COMPLETE RIP OFF!

Does anyone know how I can get this contract cancelled without having to pay a kings ransom?

Their business practices are so unethical. I am interested in filing a class action lawsuit.

It is deceiving the situation you are going through now. It is important to know your rights as a consumer and if you cancelled within your first five business days you are entitled to receive a refund minus any gifts you were given (and used) for purchasing a timeshare such as all inclusive, a yacht ride, nights at their resort, etc.

The customer service staff at a resort is determined to get you to keep the membership or, at least, keep your down payment. Be stubborn with them and go till the last consequences otherwise you will not receive your down payment back.
 

ladytee

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hindsight is 20/20

Unfortunately, I am past the five days. Hopefully someone else will learn from my mistakes. I did write a letter to Profeco.
 

Karen G

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It is important to know your rights as a consumer and if you cancelled within your first five business days you are entitled to receive a refund minus any gifts you were given (and used) for purchasing a timeshare such as all inclusive, a yacht ride, nights at their resort, etc.

.
I don't think that is correct. If one is offered "gifts" in exchange for his/her time to listen to a sales presentation, those "gifts" are just that--gifts. They have no connection with buying the timeshare. If he/she exercises his/her right of rescission within the specified rescission time period, a full refund must be given of any money paid on the contract.

I realize ladytee is beyond the rescission period and filing a complaint with Profeco is a good thing to do.
 

Villager91

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Ladytee,

I just logged in again and responded to your PM. Sorry for not updating this thread recently.

I am still waiting for some resolution from Amex. Greta Sanchez contacted me again on 5/23 requesting that I sign the letter I copied above. I responded that I would not be signing the letter, that I had already provided my signed cancellation within the deadlines and that they should immediately refund the full down payment. So far, I have not received a refund.

I have held out hope that Occidental would do the right thing or that Amex will eventually resolve the situation in my favor. Now I am debating whether to take the next step and file a formal complaint with PROFECO. Does anyone know if there is a deadline to file a formal complaint with PROFECO?

Karen - Are the gifts you are referring to the incentives for attending the presentation, or incentives for signing the contract? Are they treated differently?
 
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Karen G

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Karen - Are the gifts you are referring to the incentives for attending the presentation, or incentives for signing the contract? Are they treated differently?
I was thinking of the incentives for attending a pesentation. I'm not sure about the others.
 

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Help!!

I am in the same situation as you, I went to the Occidental Grand Excaret and my boyfriend and I got completely suckered into purchasing a "time share". We were shown a one bed room in the royal club and then offered a studio in the first club, so I guess we were still reeling from the Royal club one bedroom and were not thinking about what we were actually getting. You are absolutley right they make the whole thing sound like the best deal in the world and give you no time to do the math and realize that it is not. We signed up Saturday and it is Wednesday today so we are within the five day time frame. I am just worried that I may screw up again trying to get my refund and I really want it back now. What did you include in the cancellation letter and what else did you include with the letter? Also did you try to communicate in any other way? We tried to talk to them in person while we were there and they blew us off the whole time, go figure. Please help me, it sounds like you have the backbone and brains that we really need here!
 

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The instructions and address for sending a rescission letter are in your packet, but probably not easy to find.

The letter needn't be anything fancy, just, "We____________and __________ wish to cancel contract #XXXXXXX-XXX effective (today) as allowed by law. signed_________and __________."

It should be postmarked today. Usually the instructions say to use USPS. We recommend sending it Certified, with return receipt.

Good Luck, and Welcome to TUG.

Jim Ricks
 

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Your five days does not include Saturday or Sunday, so you should be fine. Still, try to send out certified letters cancelling the contract today if you can. The earlier the better.

I sent a certified letter to the address in listed in the contract. It was section 29 in my contract. I also sent a certified letter to the sales office (I used the address from the legal person's business card). The same day, I sent a scanned copy of the cancellation letter via e-mail to the sales office manager (Sean Stacy), the legal person (Greta Sanchez), and the two sales guys I dealt with (one of which was Bob Behrens). I also copied PROFECO on the e-mail.

Just don't back down when they start badgering and threatening you.

I also immediately initiated a dispute with the credit card company. Occidental Vacation Club so far has not complied with the 15 day refund of the down payment per the terms of their own contract. I expect that the credit card company will resolve this very soon. Don't trust that Occidental will just "do the right thing". They won't - that much has already become very clear to me during this process. It is a very shady business that is selling worthless memberships to lock people into staying at their resorts (or at least paying the annual maintenance fees).
 

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SUCCESS!!

Just wanted to report back that my chargeback was processed and I received back the full down payment plus the foreign transaction fee. From beginning to end, it took almost 3 months.

Apparently, Occidental Vacation Club chose to ignore the cancellation terms of their own legal contract. If anyone finds this thread after getting suckered into signing a contract, rescind within the 5 day period and don't give up. Also, don't accept any other deals or sign anything waiving any legal rights. Just send a cancellation notice, file a dispute with your credit card company and let the process take care of itself. It worked for me.

Thanks everyone. I am so glad I found this forum!
 

Karen G

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SUCCESS!!. . . .Thanks everyone. I am so glad I found this forum!

Congratulations! So glad it worked for you. Thanks for letting us know.
 

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I'm here at the Occidental Grand-Royal Club in Cozumel (Sky Auction was cheaper than RCI trade plus fees.)and talked to several people today about their upcoming timeshare presentations here. I just told them to make sure you get their promises in writing and told them about TUG. I think they were in that "I can't be talked into this" phase. I'll try to find out what happened.
 

MO MOS MOM

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Occidental

Can anyone tell me how we can just "walk away" from this contract? I don't care about recouping any of our money.

Thanks.
 

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A letter from Mr. Luis Namnum, President of Occidental Vacation Club

My name is Luis Namnum, I’m the president of the Occidental Vacation Club. I have read with dismay some of the comments made on the TUG site. What some of you describe is not the company I run. I would like the opportunity to answer and/or solve some of the issues.

1. Cancellation Within Five Days- Is healthy for both the buyer and the seller to allow for a reasonable cooling off period. Mexican law calls for 5 days. We are obliged not only to accept your cancellation but to refund as fast as possible (minus significant gifts we gave the buyer as a gift for buying). Is really bad business to keep a member that is not happy with the purchase for whatever reason.

We will make some changes in the procedure to include an e-mail address directly to my headquarters so that my corporate team can handle the cancellation request in addition to the sales site.

Furthermore, If any of the writers in this blog have this sort of issue, please send me a note (you have my e-mail address in the welcome kit) with a copy of the letter or anything else you tried to send cancelling within the five days, and will take care of it. I really don’t care how much time has passed.

2. Lies from the sales staff: Our policy is that if, at any time after purchase, we find that the sale was made under false pretenses, we cancel at the owners request with full refund. Ours is a good product, we don’t and should not need to lie to sell it.

We have in place mechanisms to cover all possible things a sales person can say on the sales table both with documents, training and supervision; but, given 'the face to face' nature of the sale, we are not able to cover all things. Nor, unfortunately, can we cover what the customer understood was being said.

The fact of the matter is that within a very short period of time whatever my staff promised is going to have to be delivered. If we cannot then the right and only thing to do is to refund and get rid of the staff member.

Our success depends on delivering on the product sold. We own most of the hotels, we are not going anywhere.

I urge any of the writers in this blog that felt that lies were used to sell you the membership, get in contact with me and lets solve this.

3. How to Get Out: We do not have a policy for this. We expect that members are going to honor the financial commitment they made in the promissory note. It is sometimes hard to explain that after the sale is processed the company has to incur in 100% of the cost related to the sale, costs that are much higher than the downpayment income. Like many other companies, we incur in these expenses based on the promise made by the customer to pay their bills.

But we also understand that things change and that what was affordable yesterday may not be today. Contact us with your individual case and we will work something out.

4. Lowest Rate Guarantee: Our members MUST pay a lower All Inclusive rate than anybody else using our hotels. Not only do we guarantee this, but our Rate Pledge states that if at any time a member finds a published rate lower than the one the booked with or used, we will not only match such a rate but will add on a 15% discount.

I probably have not answered all of the comments or have missed something, please write to me if I did and I will face it, take care of it or give you your money back.

Buying my product should not be a source of tension or unhappiness, and most important it should not make anyone feel that there is no recourse. Our club be a source of good stuff. If it's not, allow us to fix it, if we can’t, then it is fair to end the relationship with as few losses to each other as possible.

Luis Namnum
President
Occidental Vacation Club
 

Karen G

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That would be great if the letter is legitimate. I wonder if this guy on Facebook really is the president of the company.
 
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