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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I went on vacation and purchased a time share. After reading

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I went on vacation and purchased a time share. After reading reviews when I returned I realize a lot of what I was advised during the purchase was not accurate and were reasons for why we signed up. The contract was cancelled but they kept my down payment of $7345. I disputed it with my bank since goods and services were not provided as sold as they were told they could be used. The bank denied assisting due to they fact they didnt feel the contract with misrepresented even though the timeshare made us believe that we couldnt cancel. I later found out it could have been cancelled with in 5 days with a full refund. They cancelled the contract but no refund was made. I sent another dispute to the bank stating goods and services were not received as sold as they were told they could be used. The bank responded stating that they still couldnt assist me aqs not enough proof. I sent another request advising I have been a member of their bank since 2006 and I have never had any disputes now I am looking for help and they dont seem to want to help? Is there something that can be done? Did they even make the attempt to assist with this or are they just denying my request with out contacting the merchant? Is there someone above the bank that I can file a complaint to in attempts to get a refund for services I never got.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Is there a reason that you haven't filed a complaint directly against the timeshare company?
Customer: replied 1 year ago.


I requested them to refund but they arent responding and there is no address on any of the paperwork. The only way I have been able to contact them is via email. Which after the contract was cancelled they have not responded.

Expert:  Zachary replied 1 year ago.
Was the timeshare in the United States?
Customer: replied 1 year ago.


No it was in Mexico in Cabo. They had us sign something during the presentation stating it was non refundable and when we asked to cancel while we were still there we were referred back to reviewing the paper work which in 12 print font that it wasnt refundable. A week after I got back I and was talking to family i starting reading reviews on people who were told the sames thing we were told but they found out it wasnt as easy to use the timeshare the way it was explained and so I confronted the rep who never answered the questions regarding my concerns. I found out in the fine print that we could have cancelled with in 5 days. The sales rep ended up geting the contract cancelled but with out a refund of $7345. At that point I requested a refund from the rep that helped to cancel the contract and I filed a dispute with the bank. Is the bank required to send the dispute to the timeshare each time I send a request? I dont feel that the bank has made any attempts as their response to my requested disputes are denied within the 1hour-1 day of the dispute being faxed. My last filed dispute has not received any response so I was hoping that the bank was trying but after a week of no reponse I resent the same dispute request.

Expert:  Zachary replied 1 year ago.

Well, I hate to throw a damper on you, but the bank is not legally responsible to do anything at all if there is not absolute proof presented by you that it is an unauthorized transaction or billing error. If the merchant produces a signed contract authorizing the transaction, then the bank does not generally do any more for you. They don't act as a court to determine whether there is fraud underlying the transaction, that's simply not their responsibility under the federal regulations.

So, in this case, the only way you are going to be able to get the money back is by filing suit against the representative or against the actual time share company in Cabo.



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ZDN



Zachary, Attorney
Category: Legal
Satisfied Customers: 4006
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer: replied 1 year ago.


so there is nothing i can do? That is not an option as I would need to appear in court in mexico.

Expert:  Zachary replied 1 year ago.

You could attempt to sue the company in the United States in Federal Court. But I'm afraid you would face a challenge to the lack of jurisdiction over the case since the transaction took place in Mexico.

These timeshare issues are a real mess. There are some firms which handle this kind of issue directly for you. One I found is: http://www.riveraygomez.com/

I'm not endorsing this firm or recommending them to you, but simply sharing the information with you for your own use. Using an attorney like this might enable you to recover some of the money without having to actually go to Mexico.

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