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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 56537
Experience:  Licensed attorney helping individuals and businesses.
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My wife and i bought a UVC membership in May 2016 on a trip

Customer Question

my wife and i bought a UVC membership in May 2016 on a trip to Mexico. Since then we have determined that the sales rep made numerous false promises. We put about $9,000 on a credit card that we had; $15,500 on an RCI/Barclaycard (that we opened through them the day of the purchase); and about $22,600 is financed directly with them. I have contacted UVC and told them that we were promised things that were not true and that we want out. They have indicated that we will have to pay 50%. I have told them that is unacceptable and repeatedly asked that someone from their legal department contact me. Instead I got contact from their Quality office, and the same 50% offer.
JA: What state is this in? And when did the issue begin?
Customer: we live in Arkansas. We bought in May 2016, as we started trying to book future travel is when we started realizing that nothing was like we were promised. We have done extensive internet and call research. Examples of the false representations are: 1) we told them we had three kids; they told us that we could book at any of the Dreams, Now and Sunscapes, but then we promptly figured out that because we have three kids, most of those resorts were not available to us. 2) we were told two of our kids would be free and that we would pay half price for the other - this is just completely false. 3)
JA: Have you talked to a lawyer yet?
Customer: Other issues include: the contract says subject to availability, but i have searched out over a year in advance at some resorts and there is no availability for a room with a beach view. All the rooms that are available are garden view.
JA: Anything else you think the lawyer should know?
Customer: No we have not spoken to a lawyer yet. Yes, there is much more. We were lied to about the level of discount that we would receive. We were lied to about how the RCI cash credits work. They gave us $3,000 in RCI credits and told us we could use them to obtain free resort stays or cruises, but when i researched trying to use them, it never resulted in a free trip just a slightly discounted trip, which really just brought the price down to typical market prices. So there really wasn't any discount, and there certainly wasn't anything "free." They are constantly bombarding us with promotional emails. I got one recently at 9:01 a.m., promoting resort stays from $7 per person per night listing several destinations, when i called at 10:30 a.m., there was no availability for anything at that price and they quickly switched to trying to sell me much more expensive stays. I believe that is a classic bait and switch.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 11 months ago.

Are you asking about options to pursue a claim against the company?

Customer: replied 11 months ago.
I'm not sure about a "claim against the company" - the contract recites an arbitration requirement. We want out, and want our money back.
Customer: replied 11 months ago.
We would like to know what our options are.
Customer: replied 11 months ago.
What does "pursue a claim against the company" mean?
Expert:  Infolawyer replied 11 months ago.
Pursuing a claim for your money back has a few ways to proceed.You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Expert:  Infolawyer replied 11 months ago.
Where there is arbitration and you cannot resolve by negotiation you need to file a claim in arbitration - which often prompts a settlement.
Customer: replied 11 months ago.
Attorney General would be my state attorney general's office?
Local counsel would be a lawyer in my state?
Expert:  Infolawyer replied 11 months ago.

Yes and yes.

Expert:  Infolawyer replied 11 months ago.

Kindly rate the answer 5 stars. and if I can clarify anything else, just ask me.

Customer: replied 11 months ago.
Should i contact my credit card company re the $9,000? Should i contact the RCI/BarclayCard and tell them i won't be paying?Can you give me any idea on a likely outcome - terms of settlement?
Expert:  Infolawyer replied 11 months ago.

You can also contest it with your card company. That is called a chargeback. If you dont prevail, can further appeal. Sometimes the card company will cover the loss themselves. Settlement can come in different forms, including a significant reduction in price.

Expert:  Infolawyer replied 11 months ago.

Is the answer acceptable?

Expert:  Infolawyer replied 11 months ago.

Kindly rate me 5 stars.

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