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My husband and I purchased a Unlimited club vacation

membership on October 5, 2017...
My husband and I purchased a Unlimited club vacation membership on October 5, 2017. We came home and researched the club and found it to be a scam. We did not have the complete deposit they requested and they decided to set up payments for Nov 5, 2017 and Dec 5, 2017 to complete the down payment. Then our actual activation of the membership would begin in January 2017 and the first payment would be taken out on February 3, 2017. We just made the initial payment to the down payment. I know that we had 5 days to cancel but we didn't. What would happened if we called our credit card company and have them block the 2 additional payments coming out to complete the down payment? We haven officially paid the 25% down payment in full
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Answered in 1 minute by:
11/1/2017
KnowYourRights
Category: Consumer Protection Law
Satisfied Customers: 32,786
Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Is there anything stated within the contract/agreement about a breach or failure to pay?

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Customer reply replied 9 months ago
Hi
Customer reply replied 9 months ago
Do you think we can get out of it.

If you fail to pay what was agreed to and owed, they may try and sue you for the breach of contract. If you contacted the credit card company and stopped payment, the burden would shift to them to sue you to get what is owed. If you failed to cancel within the five days, you would need a legal defense to justify and support the breach and to excuse the failure to make payments. If it is a scam, you certainly have a defense and will want to raise that and sue. Typically, scammers will not sue and subject and avail themselves to the court, so take that into consideration, if you think they are engaged in illegal activity and business.

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Customer reply replied 9 months ago
FIFTEENTH. EARLY TERMINATION.
In addition to all other available recourses, in the event that Member defaults on any payment obligation under this
Contract, Mediator will be entitled to compensation that is equal to the greatest of the following amounts: 1) Amount paid
by Member up to the default date; or 2) 50% of the Total Price set on the Cover Page, after which Mediator reserves the
right to unilaterally terminate this Contract.
In case of voluntary termination of the Contract by Member, Mediator will return all the amounts paid by the Member
within a period not to exceed fifteen (15) working days after the date of cancellation of the Contract, with exception of
expenses for goods and services enjoyed and / or requested by the Member; Which will be deducted from the total amount
to be refunded, provided that if such amounts fail to cover the amount corresponding to the goods and services enjoyed, the
Member shall cover the additional amounts until liquidating the entire debt. The foregoing shall operate if Member notifies
the early termination of the Contract to the Mediator within five (5) business days following the date of signature of the
Contract and upon request directly and in writing at the sales room, the address of the Mediator or by e-mail to***@******.*** in which case, the corresponding acknowledgment of receipt issued by the
Mediator shall be required to ensure that the Mediator has received it.
The cancellation date will be made taking as the date of notification, that of the receipt of the writing in question, unless it
had been sent via registered mail to the address of the Mediator, for which, the date of delivery or deposition in Courier
will be considered

Those are the remedies that are available. Again, they would need to show a breach and that the money is owed and you have a defense, if this is a scam.

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Customer reply replied 9 months ago
I guess my question is. I agreed to pay the deposit but still haven't and since the membership doesn't take affect until the deposit is complete. If I didn't pay the deposit they could sue me from Mexico? II signed up for it in Cancun, MX, It says the contract is governed by the laws of the Dominican republic. I never gave them a social security number

Payment is a condition for the contract to take effect. However, if there was an agreement and consideration made, they could enforce it but if no consideration was paid, they may have an issue. Now, if they want to sue in the DR, they could but it may be hard for them to find you, server you and bring you before the court. Even then, they would need to get a judgment and enforce it within the US. If you think this is a scam, you can reframe from paying. If you do, the burden shifts to them to sue and you can defend this as well.

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Customer reply replied 9 months ago
I am pretty much stuck with it.

Not necessarily. If this is a scam, you have a defense. You would not have to pay to be a victim, so if you refuse, you shift the burden to them to sue and take action and if they do, defend it. I know it is not ideal but if consideration was paid and there was a signed agreement, they can try and enforce it.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 9 months ago
Okay thank you for your answer

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

KnowYourRights
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Satisfied Customers: 32,786
Experience: Experience protecting consumers against unfair, deceptive, or fraudulent advertising, marketing and financial practices.
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