Rescinding in Mexico

vent

We just got back from EDR on Jan 19...loved it! While there we purchased some weeks. We already own points through RCI which we've been very happy with. Shortly after purchasing we started having anxiety and realized we shouldn't have done it at this point in our lives...thinking of having another baby, etc. After seeing this thread and having the 5 day cancellation policy totally relieved us. We took care of all the paper work and got it sent with time to spare.
Today, I got a call from Exotic saying we can't get out and PROFECO won't help us because after we left the EDR we went and stayed at a Palace resort for another week and purchased a time share there as well! Which of course we didn't. We came back home on Jan 19 and mailed the cancellation letter from Wisconsin on the 20th. He said he'll look into it and call back tomorrow. Has this ever happened to anyone else and if so did it end up working out OK?
I'm afraid they're now trying to find loopholes to not let us out of our contract.

wilemimom1 said:

We just got back from EDR on Jan 19...loved it! While there we purchased some weeks. We already own points through RCI which we've been very happy with. Shortly after purchasing we started having anxiety and realized we shouldn't have done it at this point in our lives...thinking of having another baby, etc. After seeing this thread and having the 5 day cancellation policy totally relieved us. We took care of all the paper work and got it sent with time to spare.
Today, I got a call from Exotic saying we can't get out and PROFECO won't help us because after we left the EDR we went and stayed at a Palace resort for another week and purchased a time share there as well! Which of course we didn't. We came back home on Jan 19 and mailed the cancellation letter from Wisconsin on the 20th. He said he'll look into it and call back tomorrow. Has this ever happened to anyone else and if so did it end up working out OK?
I'm afraid they're now trying to find loopholes to not let us out of our contract.

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You haven't identified the specific date on which you signed the contract. That date started a 5 day "window" in which to rescind. The date on which you mailed the cancellation must have been within 5 days of signing the contract. I trust that you have documentary proof of the date of mailing (hopefully a date stamped certified mail receipt).

Assuming that you followed the written rescission procedures properly and within the time period specifically provided by law, my personal recommendation would be to have an absolute minimum of any further telephone conversation with these sales weasels, beyond stating the following politely, firmly and clearly:

"We have lawfully cancelled this contract. We have properly followed the contract rescission procedures and we have done so within the applicable time period specifically provided by law. Any failure on your part to process our cancellation, promptly and completely, will be addressed in writing directly (and only) with Profeco. Your phone calls and verbal statements are both unwelcome and completely irrelevant to the lawfully executed process of contract cancellation. We will be awaiting prompt written confirmation of our contract rescission. Have a nice day. Goodbye".

But that's me; your mileage (or approach) may vary....

wilemimom1 said:

We just got back from EDR on Jan 19...loved it! While there we purchased some weeks. We already own points through RCI which we've been very happy with. Shortly after purchasing we started having anxiety and realized we shouldn't have done it at this point in our lives...thinking of having another baby, etc. After seeing this thread and having the 5 day cancellation policy totally relieved us. We took care of all the paper work and got it sent with time to spare.
Today, I got a call from Exotic saying we can't get out and PROFECO won't help us because after we left the EDR we went and stayed at a Palace resort for another week and purchased a time share there as well! Which of course we didn't. We came back home on Jan 19 and mailed the cancellation letter from Wisconsin on the 20th. He said he'll look into it and call back tomorrow. Has this ever happened to anyone else and if so did it end up working out OK?
I'm afraid they're now trying to find loopholes to not let us out of our contract.

Click to expand...

If you followed the rescission procedures properly and within the time period specifically provided by law (mailed within 5 days from date of contract signature), my personal recommendation would be to have an absolute minimum of telephone conversation (i.e., none whatsoever) with these sales weasels, beyond your stating politely, firmly and clearly:

"We have lawfully cancelled this contract. We have properly followed the rescission procedures and have done so within the time period specifically provided by law. Any hesitation or failure on your part to process our cancellation promptly and completely will be addressed in writing directly (and only) with Profeco. Your phone calls and verbal statements are both unwelcome and completely irrelevant to the lawfully executed process of contract cancellation. We will await written confirmation of our contract rescission. Meanwhile, have a nice day. Goodbye".

That's my clear recommendation, to implement or ignore as you may see fit.

P.S. When I attempted to edit my first post / reply, the edit somehow appeared as a second, entirely separate posted message. I don't know how or why that happened, but it doesn't really matter. The content of both posts states essentially the exact same thing....

Cancellation

I hope that you kept good records of when you sent the rescission letter and I hope that you sent it certified. Additionally, I would go back and replay the entire presentation in your head, and then put it on paper. If there was any form of misrepresentation, you might have a chance.

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If you paid with a Visa, start your dispute of the payment. Good Luck