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Contract signed in Mexico for "timeshare/travel"

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[I also posted this under "collections"].

What is the name of your state? I am in VA; my parents in question are in UT.

My mother and stepfather were in Mexico a few months ago; they were approached about listening to a "vacation network" presentation (something like a timeshare) and ended up buying. The cost was around $10,000, with annual fees over 30 years totaling another $11,000. They were told numerous times that if they didn't like the plan, they could cancel and "get their money back". (They made a payment to their credit card of 50% + some fees, totaling $5700ish).

Anyhow, to make a long story short, they quickly realized that they had made a mistake and made the first call to cancel about 10 days later and were told to wait for the materials. Then they received the materials after 47 days (total) and tried to make travel plans and discovered that all of these cheap cruises, etc., and discovered it had all been misrepresented (I'm cutting out a lot of details because it ultimately doesn't make a difference contractually, really, aside from a few things we could document). Of course now when they tried to cancel they were told they were in a 30 year contract and couldn't get out.

I arrived for a visit and did some internet research and discovered the company was a notorious "fraud" with postings all over the internet [It's called "Royal Holiday"]. I called the credit card company and then went on to file the claim (for the $5700+) with the cc company with a lot of documentation.

So now they are getting calls directly from the [travel] company and its collections agency threatening them with penalties and fees and liens. My questions are:

1. Because this was signed in Mexico, ... well, does this help my parents?

2. If the credit card company decides in their favor, does that in any way help prove their case?

3. Any other advice?

I have joined a yahoo group involving hundreds of people scammed by this company. However, they are for the most part trying to get their money back. It seems that there is a good chance we will be protected through the credit card company. To what degree should we be worried about collections, etc.? They really signed themselves away on this very one-sided contract.
 


JETX

Senior Member
meldresler said:
What is the name of your state? I am in VA; my parents in question are in UT.
Why are your parents 'in question'?? Don't you KNOW they are your parents??

Because this was signed in Mexico, ... well, does this help my parents?
Depends on what you mean by help?
If you mean 'help them to cancel the contract', no.
If you mean 'help them to not pay', the answer lies IN the contract they signed. Very likely it has a 'jurisdiction clause' specifying a US state for legal venue. Read the contract.

If the credit card company decides in their favor, does that in any way help prove their case?
No.

Any other advice?
http://www.thetimesharebeat.com/mex-fraud.htm#action
 

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