Thanks Jim,
I may try to give the MTS a try since it looks I am already in the hook and have nothing else to lose. This is the contract they sent that i need to sign before they can 'work' for my case. it says no upfront fees!
INITIALS
CLAUSES
1.
DEFINITIONS
The specific terms that shall be used in this contract are defined according to the following:
CLIENT. - An individual or individuals who have the legal faculties to hire and have the desire to hire
the services of MTS for counseling and legal defense related to the tourism services providers
contract at issue.
MTS. - A professional firm in Mexico whose desire is to provide clients with representation, assistance and advise in the manner of services specified in this contract, for remuneration.
2.
OBJECT OF THE ACTION
MTS agrees to give advice by all means favorable to the CLIENT and to defend the rights of the CLIENT against the Timeshare Developer.
MTS agrees to give monthly written notification to the CLIENT of the actions made on behalf of the CLIENT.
MTS agrees to provide legal defense, for any type of trial before any court of law in any State of Mexican territory.
TERM OF THE CONTRACT
The term of the contract is one year, starting with the date of signature and can be extended if Trial is pending or if client requests an extension of time
PAYMENT OF FEES AND COSTS
In consideration for the services described, MTS will receive the fee described below. This shall be paid as follows:
a) If the contract is cancelled with Garza Blanca, the CLIENT agrees to pay MTS $1,500.00 (One thousand five hundred American dollars), and
If MTS recovers any monies from Garza Blanca, the CLIENT will pay 25% of the monies recovered to MTS upon receiving the refund from the Timeshare Developer.
b) MTS will not collect any more monies but the described above. If MTS incurs any extra expenses, MTS shall absorb the cost. This money should be paid by the method agreed with MTS. It should be full payment and in American Dollars. Should CLIENT become more than 7 days delinquent in the payments described herein MTS reserves the right to add a 5% monthly interest charge to late payments.
MEXICAN TIMESHARE SOLUTIONS
ADVANCE TERMINATION
MTS and the CLIENT recognize that MTS has spent from their own funds diverse expenses such as paperwork, translations, certification of documents, wages and other expenses. Therefore, if this Contract is cancelled by the CLIENT through voluntary retraction and if the CLIENT recovers monies paid to
Timeshare Company as a direct or indirect result of the efforts of MTS, the CLIENT agrees to pay MTS the fee as described in this contract.
RESPONSIBILITIES OF CLIENT
CLIENT agrees:
To establish constant communication with MTS.
To tell the truth.
In case the CLIENT cannot appear at Trial, the CLIENT would grant power of attorney or related authority to MTS to perform the actions necessary for the CLIENT’S defense.
If the CLIENT does not perform the responsibilities listed in this clause, MTS will be relieved of its responsibilities set forth in this agreement.
RESPONSIBILITIES OF MTS
MTS agrees to:
Answer all CLIENT concerns about the process, trial, or actions being made on behalf of CLIENT.
Act immediately in the defense of CLIENT.
Tell the truth
Defend CLIENT with all legitimate means available to MTS.
MTS will make every effort to obtain a cancellation letter from the Timeshare Developer via email or certified mail. The CLIENT will receive a Contract Cancellation Confirmation from MTS guaranteeing that the contract has been cancelled successfully.
LAW AND JURISDICTION
This contract shall be governed by the laws of the state of Jalisco, Mexico and the parties submit to the exclusive jurisdiction of the courts of Mexico in respect of any dispute or difference between them arising out of this contract.
