ndrichie wrote:I have some good news to report, Miramar cancelled my contract. They at first tried to say I couldn't cancel because the contract said I had to return to the site to do it and I had waived my right to cancel because I signed the "satisfaction letter". My lawyer sent a demand letter in response and filed a complaint with PROFECO and they have agreed to cancel it.
I could probably wait and see if I will get a full refund, but I have authorized my lawyer (for an additional $750 fee which seems worth it to recover $25,000, payable only when full refund is received) to pursue the full refund of the rental fee, closing costs and down payment and recovery of the promissory note they made us sign. I made the choice to do this because my lawyer seems to think they will try and keep the "closing costs" and only refund the down payment.
So far, extrememly happy that I hired a lawyer!
Hello, I am so happy to hear you are making good progress. We had a call last week from our credit card dispute representative letting us know that they had sided with our case and have reversed the charges, (which the money never was in Miramar's hands). Mirmar has 45 days to dispute this and then it would go to an arbitrator and I guess we would have to go through it all again. If that happens and we lose, then we would hire a lawyer. Hopefully Mirmar has forgotten about us and/or won't want to spend the time on it. We finally got a letter from Miramar after my husband emailed/phoned serveral times for a letter of cancellation. The letter they emailed is dated April 22nd, but we received June 11th. Here it is.
Greetings from Puerto Vallarta, Thursday, April 22, 2010
TO: Mr. & Mrs. Burkholder
TO: PROFECO
Cont. # CM 2E-000206
This is to acknowledge that we received your letter e-mailed on April 22nd. 2010
I would like to take this opportunity to clarify some issues about our membership with you.
1) In the cancelation request document sent by you, does not show a contract number
2) You also mention that the charges were supposed to be made 2 days later after
your purchase, the purchase was on 9th of April, the credit card charges were made
on the 9th, same day as the purchase, the authorization to run the charges was signed
and also the fisical vouchers, on the same day.
3) I am sending you this because we want to work with you, as you know we have a gorgeous
and a fantastic resort for you to use and enjoy. Our quality is unique like our view.
4) In the "VERIFICATION STATEMENT" clause "S" states in the last paragraph;
Under no circumstance may be canceled if any of the services provided by the
Club have been used by the purchaser.
5) You received $ 12,000 USD as rental income, that activated your membership
immediately, this rental income was credited towards the purchase price.
6) If the outstanding balance of $ 20,669.00 USD is your worry, we can finance this
so it would not be a burden to you, our interest rate if financed over 12 months
is a 2.9% APR through Bank of America.
7) The other option is; if you give us an additional $ 6,889 USD, then the new balance
$ 13,779 is financed over 12 months at 0% interest rate ($ 1,148 per month).
![Cool 8)](./images/smilies/icon_cool.gif)
Also, keep in mind that with this membership you have FOUR additional weeks
per year through Gold Crown Resorts, these weeks can be used anywhere
and are from $ 298 USD and up.
9) In our contract in clause # 14 under Voluntary cancelation clause "A" last two lines states
"Such cancelation must be made in writing at the place where the operation took place"
10) On behalf of Grand Miramar Resort, we ask you to please reconsider your decision
we can provide you with quality vacations, given the opportunity.
11) Your request to cancel has been denied.
If you should have any further questions, please do not hesitate to contact me.
sincerely,
FERNANDO JARAMILLO
Credit & Collections
GRAND Miramar Resort & Spa-
From U.S.A. 1-877 211-5456
www.grandmiramar.com
www.memberservices@grandmiramar.com
What do you think of that? Line 10 they hope we will reconsider our decision to cancel and line 11 says they have denied our decision to cancel. Anyway I have marked off the days on our calendar and will celebrate the 45th day if we don't hear from them.
Regards,
Janet