Our correspondence
Below are our letters that we have written and mailed to various companies and agencies in an attempt to fix this terrible mess. We have yet to get this resolved. This has been ongoing for three long years.
_____________________________________________________________________________________________________________
June 13, 2011
ResortCom International LLC
404 Camino Del Rio South
Fourth Floor
San Diego, California 92108
Attn: Compliance Department
To whom it may concern:
Please let this letter serve ResortCom that we will no longer honor the contract between the resort and ourselves due to a breach of the Implied Covenant of Good Faith and Fair Dealing during the execution of contract number xxxxxxxx at the time of sale. It is clear that the material facts pertaining to the contact were misrepresented to us during the sales presentation.
We are also opting to dispute and all charges made by ResortCom. Statute 161 “Billing Errors” of the FCBA allows for dispute of unauthorized charges and/or charges for goods and services unaccepted or undelivered as agreed.
In light of the fraudulent acts committed by representatives of ResortCom, we are exercising our rights under law prohibiting unfair and deceptive trade practices in consumer transactions to invalidate this contract.
In April of 2009, we attended a presentation as we had been offered free tickets on some excursions during our stay in Mexico. We were told it would be a brief presentation and when we met with Patti M. However, that short presentation turned into a high pressure sales pitch that certainly seemed never-ending. We were taken on a tour of huge suites that alone took 30 minutes, and it wasn’t over until six hours later that we were allowed to leave because we has made the required purchase. How long would that have gone on if we had continued to decline the offer to buy?
During this sales presentation we were told various things that have been proven to be false. As that information was used to make the decision to ultimately make this purchase the contract therefore was entered into fraudulently and under misrepresentation. We were told that this was real property and that this would be a prudent and gainful investment as it would be profitable in the long run - just like real estate. The truth of the matter is that this isn't real property and in fact is time and therefore holds no value, is not an asset and is absolutely not a prudent and gainful investment. The fact that Patti told us we could refinance it once we got home at a lower interest rate only to find out that no bank lends on timeshares as mortgages only illustrates our point and the severity and extent of the misrepresentation that was done to us.
Patti went on to tell us that if we couldn’t use the time at the resort that all we needed to do was to call the resort and that they would rent it out for us. This was a major part of the buying decision as in doing this rental it made financial sense to buy the timeshare based on what we were being told for rental rates. When we called the resort to use this service, we were told that this wasn’t a true statement and that we would have to obtain our own renter. That is a far cry from being told that the resort would take care of everything! We are very busy people and we don’t have time to do this sort of thing and to be perfectly honest, don’t even know how we would go about doing so. It only makes sense that the resort would rent their own property as they are already getting the inquiry calls to being with.
We were also sold on the fact that we could use this to travel all over the world and would be able to see a castle in England, or whatever we desired. We have no interested in returning to Mexico year after year, not to mention that it’s not even safe to travel there currently. What wasn’t disclosed to us was that in order to travel to other resorts, we would have to be members of Interval International and that came with another fee. To then book something with Interval International brought to light yet another fee. So this entire concept of traveling anywhere at any time was an utter lie and fraught with undisclosed fees in a system that is oversold with zero availability based on our attempts to make reservations.
During this sales presentation there was absolutely no mention of the maintenance fees that were required of owners would increase. Had we been told of these maintenance fees increasing, we certainly would have factored that into our decision. Not only were in the increased no disclosed to us, but over the time that we have owned this they have gone up over 50%. And yet, despite all these lies, we kept up our end of the bargain and paid the bills, paid the mortgage every month and didn’t even have the opportunity to use the timeshare a single time.
The pitch on getting involved with this was that we could sell this at a profit any time we chose. Patti told us that because we were buying in so low that it wouldn’t be an issue at all to sell this down the road, and yet, here we are two years later and we are unable to rid ourselves of this nightmare. We want nothing to do with this and the never-ending fees that are associated with it!
During all of this process we were being served alcohol and have to wonder how much that had to do with our approval of this purchase. Do you routinely get people drunk in order to get them to buy in at the resort?
Once we did agree to make this purchase, we were rushed through a closing process and signed our documents in about ten minutes flat. The option to cancel was not pointed out to us and in review of our contract upon returning home, we see that had we cancelled within three days, we could have walked away from this. We find it interesting that the rescission period is so short and that most people that sign those contracts are still on vacation in Mexico when time runs out. We know that we were, and the last thing we would have done while there is sit down and review the contract that we signed during our short and hard-earned vacation.
Our overall impression of this timeshare is that of a worthless investment. We certainly cannot find any advantages to ownership. Our attempts at ownership are met with so many restrictions that it seems that this isn’t designed to be used, but to simply be sold and money collected. We have never been able to use it and are so frustrated and angry to even have gotten involved in a scam like this. We honestly have laid awake at night over this and the humiliation it has brought to our lives. We can’t use. We can’t sell it. We can’t give it away. What are we supposed to do with it? We are too smart to have fallen for your scam, and yet, here we are and we feel as though we are being held hostage with this contract and never know when the next bill will arrive for maintenance fees and special assessments and how much it will be. We want nothing to do with this contract or ResortCom and demand that we be released from this contract and a refund issued in full.
Upon receipt of this letter, you will have 30 business days to respond to my request in writing to cancel this contract and issue a full refund of all monies paid on this contract, or I will file a complaint with the Better Business Bureau and the Attorney General’s office.
We want out of this contract and we want our money back. You lied to us and mislead us at every turn
Donald & Corinna Martin
_____________________________________________________________________________________________________________
August 24, 2011
ResortCom International LLC
404 Camino Del Rio South
Fourth Floor
San Diego, California 92108
Attn: Compliance Department
To whom it may concern:
We sent a letter to your business with a tracking number 70051160000469931916. You received it on June 16th, 2011 but to no avail. We are completely baffled as to why ResortCom refuses to resolve our issues and release us from our contract but can call us on every phone number we have and full up our email with demands for money. Those acts are completely discourteous and unethical for any business to operate as ResortCom has chosen to react to our requests.
We have enclosed another copy of our letter dated 6/13/2011 for your review. This letter will also serve as a cease and desist on all phone calls in an attempt to collect any debt. We are disputing this contract and we demand a response of we will be forced to enlist in a compliance and regulatory agency to assist in this matter to get it resolved. We have been patient enough and it’s time that your representatives and ResortCom be held accountable for their actions.
We will allow 14 business days for you to respond before taking this further.
Thank you for your anticipated cooperation,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
September 20, 2011
Attn: Patricia Baker
Account Representative
Monterey Collections
PO Box 5119
Oceanside, CA 92052
Dear Ms. Baker,
We have received notice of your attempt to collect a debt but we have been disputing the validity of our contract for about three months now. Please refer us back to the Villa Group so they may deal with their own mess unless you have the ability to settle our contract for us. Please send us notification as to whether or not you can help. We have enclosed all our letters that we have sent via certified postal for your consideration in making an informed decision.
Thank you for your time and anticipated cooperation,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
September 23, 2011
BBB of San Diego
Re: ResortCom International LLC
Dear Sir or Madam:
I wish to file a formal complaint against ResortCom International LLC. ResortCom International LLC employees misrepresented a severe amount of information on my contract. It was based on their lies and deceitful sales tactics that I made this purchase. Had I been made aware of the true terms of this contract, I would never have made this purchase. I am asking your guidance and assistance being that they are choosing not to respond to any of my pleas.
We have attached copies of our correspondence with ResortCom International LLC for your review. They are located at:
ResortCom International LLC
404 Camino Del Rio South
Fourth Floor
San Diego, California 92108
Thank you,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
October 24, 2011
American Resort Development Association
PO Box 96204
Las Vegas, NV 89193
Dear Sir or Madam:
We’re writing you to report a complaint against Diamond Resorts, with whom we have been in dispute with for some time regarding a timeshare property. They are putting no effort forth at all. As we understand it, ARDA has the ability to hold them accountable. Diamond prides itself on being a member of ARDA, but shouldn’t they abide by your ethics and standards? We have read your code of ethics, which Diamond has no practice in employing. Please see beneath:
The General Ethics Standards holds that any and all members, representing the enterprise, in regards to activities with prospects, buyers, other members, enterprise or community partners, regulators, and legislators or government agencies shall be honest, legal, ethical, and in accord with standards of fair small company dealings, professionalism, integrity, dignity and propriety.
All staff with respect towards the sale, resale or promoting of a vacation interest shall supply fair, meaningful and productive disclosure towards the consumer of all material terms and conditions of all other merchandise supplied contemporaneously using the vacation interest, which contains exchange programs, incidental benefits, financing, short-term products and exit programs. They shall represent that the obtainment of a vacation interest in fact ought to be based upon its worth as a vacation occasion or for spending leisure time, and not regarded as for purposes of acquiring an appreciating investment or with an expectation that the vacation interest may perhaps be resold for profit.
The employee shall give rescission rights to clients upon the sale of any vacation interest by way of an affirmative written disclosure in the time of execution of an obtainment and sale contract, plus the member shall promptly honor appropriate and timely exercise of rescission rights by a consumer. They have been clear and conspicuous.
They shall stay away from the use of false and deceptive statements. Any and all statements produced by the employee in connection with member activity shall not convey false, untrue, deceptive, or misleading info and details via any means; or omit material particulars which the details and particulars supplied could possibly be rendered deceptive or misleading.
Listed above are several of the customs you have charged Diamond to uphold, and in which they have come up short. We have included several of the correspondence relating to this matter so you’ll be able to assess it. We also notified Diamond that we’re disputing this contract in addition to the attached debt. Nonetheless, the only communication they’ve continued with us is sending us past due notices. They have not taken this matter seriously and we are asking you to assist us so that we may come to a resolution. Our ideal finished result would be told hold no responsibility for the dishonest and misleading practices applied by Diamond and their personnel. We only wish to be released from our contract.
Please get in touch with us with any further questions you mat have. Thank you for your time regarding this matter and we look forward to hearing from you soon.
Sincerely,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
January 31, 2012
BBB of Oregon
Re: Monterey Collection Services
Dear Sir or Madam:
We wish to file a formal complaint against Monterey Collection Services. ResortCom International LLC employees misrepresented a severe amount of information on my contract. It was based on their lies and deceitful sales tactics that I made this purchase. Had I been made aware of the true terms of this contract, I would never have made this purchase.
We have attached copies of our correspondence with Monterey Collection Services for your review. They are located at:
Monterey Collection Services
4095 Avenida De La Plata
Oceanside, CA 92056
Thank you,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
May 23, 2012
From: Conciliacion a Extranjeros
Sent: 05/23/12 12:00 PM
To: Cori Martin
Subject: Complaint Vs Constructora Los Arcos del Cabo SA de CV
Subprocuraduría de Servicios
Dirección General de Quejas y Conciliación
Dirección de Conciliación y Programas Especiales
Departamento de Conciliación a Residentes en el Extranjero
Donald & Corinna Martin,
The Consumer Protection Agency, PROFECO, is part of the administrative branch of the Federal Government of Mexico. The Department of Conciliation Services for Foreign Residents provides assistance towards trying to conciliate controversies for foreign or Mexican citizens living abroad that acquire any product or service from a Mexican supplier.
Because of the administrative nature of this Agency, Profeco cannot dictate mandatory resolutions to resolve controversies presented before us; therefore, we cannot force a reply from a company. We assist the parties within a mediation/conciliation procedure; based on the terms of the contract that consumer supplies us. Conciliation is an inexpensive way to settle a problem and keep it out of court; besides, verbal promises will not be suitable in this conciliation procedure.
According to the Federal Law of Consumer’s Protection art. 105, to submit a complaint through this Agency a term of one-year statute of limitations, after the purchase or inconformity shall be applied; besides, verbal promises will not be suitable in this conciliation procedure.
According to the article 56 of the law there are just 5 working days after the signing of the contract to cancel without penalization, so we would be able to assist you to cancel your contract under the penalization established by the supplier, besides your contract was signed on 2009.
Profeco does not require the presence of the consumer during the mediation procedure. To be able to analyze your paperwork, it is required to submit, the following information:
1. Complete complaint form. (With the entire name and address of the Mexican supplier)
2. Copy of the ID of the persons who signed the contract (Passport or Driver’s License).
3. Copy of proof of sending of the cancellation request such acknowledgment, post receipt or note of sending
4. Copy of recent communication between you and the company.
We inform you that Profeco does not cancel contracts (does not have that faculty)but offer assistance in case that the company does not honor your contract or your cancellation request.
Mail the supporting materials to this mean in e-mail below 4MB and PDF format or to:
Procuraduría Federal del Consumidor
Dirección General de Quejas y Conciliación
Av. Jose Vasconcélos no. 208, 6º piso
Col. Condesa. Del. Cuauhtémoc
C.P. 06140, México, D.F. (Mexico City)
It is important to stress that all personal and confidential information collected by Profeco, will be considered as non-disclosed and protected by our Federal Laws.
Thank you
TANIA Y. PÉREZ GARIBAY
Department of Conciliation
Services for Foreign Residents
_____________________________________________________________________________________________________________
May 23, 2012
De: cori martin
Enviado el: sábado, 26 de mayo de 2012 09:26 p.m.
Para: Conciliacion a Extranjeros
Asunto: Re: Complaint Vs Constructora Los Arcos del Cabo SA de CV
All documents were already sent to you. Please let me know that you received them. I sent all that was requested at the time of the complaint. Your company was referred to us from the better business bureau in southern California. They said that you may be able to help us communicate with the resort. Since they are in Mexico, and they are selling timeshares under false statements, we thought it might not be good business for your country. Mexico relies on tourism, and it would be a shame to have the word get out that the resort is not telling the truth. Is that how companies in Mexico do their business?
Corinna Martin
_____________________________________________________________________________________________________________
May 30, 2012
From: Conciliacion a Extranjeros
Sent: 05/30/12 12:43 PM
To: cori martin
Subject: RE: Complaint Vs Constructora Los Arcos del Cabo SA de CV
We need specifically the following which was not included in your package:
1. Complete complaint form. (With the full name and address of the Mexican supplier)
2. Copy of the ID of the persons who signed the contract (Passport or Driver’s License).
3. Copy of proof of sending of the cancellation request such acknowledgment, post receipt or note of sending
if you provide us that information, we will be able to assist you only with cancellation without any kind of refund.
If the information specifically requested is not received within the term of 5 days, once you have received our notice, it will be assumed that no interest exists on following the conciliation/mediation procedure and your claim will be dropped for lacking of interest. Thank you
LAURA MEJIA L.
Department of Conciliation
Services for Foreign Residents
_____________________________________________________________________________________________________________
June 4, 2012
Profeco
Direccion General de Quejas y Conciliacion
Av Jose Vasconcelos, No. 208
Colonia Condesa, Mexico 06140, D. F.
RE: Don & Cori Martin Timeshare with Villa Del Arco/ResortCom International LLC
Here is the information that you requested. This is the second time we have send this info to Profeco.
This has been a three year long nightmare. Please note that we have never been able to use this timeshare, not one time, because they have made it so difficult to use. We have been lied to, cheated, and deceived. This whole nightmare has caused our family so much stress and heartache that it has lead to health and financial problems. This is our last attempt to put this matter to rest so we may move on with our lives.
We hope Profeco will help us bring this nightmare to a close as soon as possible. Our only other option is to build a website exposing Villa Del Arco/ResortCom Internation for what they are: cheats and liars. This website will have a negative impact on vacationers and timeshares in Mexico. We have made arrangements with a website building company to expose these companies for what they are. This website will have a big impact on tourism in Mexico, and a huge impact on Villa Del Arco and ResortCom International. We hope Profeco will stop this from going any further.
We want this matter taken out of collections and for Villa Del Arco to take back their timeshare and restore our credit. We would also like to get back our hard earned money since we were never able to use the timeshare because Villa Del Arco made it so difficult. We have begun the process of building the website and should be able to have it up and running in less than 90 days. We hope this can be resolved before that time. This has already had a huge negative impact on our lives and hope it does not go on so far as to have a negative impact on American tourism in Mexico. We can be contacted by telephone at xxx-xxx-xxxx, or via email at [email protected]. Please help stop the nightmare.
Thank you for your help in this matter.
Don and Corinna Martin
P.S. We have also contacted the ABC news show 20/20 and they are interested in hearing from us.
_____________________________________________________________________________________________________________
June 13, 2011
ResortCom International LLC
404 Camino Del Rio South
Fourth Floor
San Diego, California 92108
Attn: Compliance Department
To whom it may concern:
Please let this letter serve ResortCom that we will no longer honor the contract between the resort and ourselves due to a breach of the Implied Covenant of Good Faith and Fair Dealing during the execution of contract number xxxxxxxx at the time of sale. It is clear that the material facts pertaining to the contact were misrepresented to us during the sales presentation.
We are also opting to dispute and all charges made by ResortCom. Statute 161 “Billing Errors” of the FCBA allows for dispute of unauthorized charges and/or charges for goods and services unaccepted or undelivered as agreed.
In light of the fraudulent acts committed by representatives of ResortCom, we are exercising our rights under law prohibiting unfair and deceptive trade practices in consumer transactions to invalidate this contract.
In April of 2009, we attended a presentation as we had been offered free tickets on some excursions during our stay in Mexico. We were told it would be a brief presentation and when we met with Patti M. However, that short presentation turned into a high pressure sales pitch that certainly seemed never-ending. We were taken on a tour of huge suites that alone took 30 minutes, and it wasn’t over until six hours later that we were allowed to leave because we has made the required purchase. How long would that have gone on if we had continued to decline the offer to buy?
During this sales presentation we were told various things that have been proven to be false. As that information was used to make the decision to ultimately make this purchase the contract therefore was entered into fraudulently and under misrepresentation. We were told that this was real property and that this would be a prudent and gainful investment as it would be profitable in the long run - just like real estate. The truth of the matter is that this isn't real property and in fact is time and therefore holds no value, is not an asset and is absolutely not a prudent and gainful investment. The fact that Patti told us we could refinance it once we got home at a lower interest rate only to find out that no bank lends on timeshares as mortgages only illustrates our point and the severity and extent of the misrepresentation that was done to us.
Patti went on to tell us that if we couldn’t use the time at the resort that all we needed to do was to call the resort and that they would rent it out for us. This was a major part of the buying decision as in doing this rental it made financial sense to buy the timeshare based on what we were being told for rental rates. When we called the resort to use this service, we were told that this wasn’t a true statement and that we would have to obtain our own renter. That is a far cry from being told that the resort would take care of everything! We are very busy people and we don’t have time to do this sort of thing and to be perfectly honest, don’t even know how we would go about doing so. It only makes sense that the resort would rent their own property as they are already getting the inquiry calls to being with.
We were also sold on the fact that we could use this to travel all over the world and would be able to see a castle in England, or whatever we desired. We have no interested in returning to Mexico year after year, not to mention that it’s not even safe to travel there currently. What wasn’t disclosed to us was that in order to travel to other resorts, we would have to be members of Interval International and that came with another fee. To then book something with Interval International brought to light yet another fee. So this entire concept of traveling anywhere at any time was an utter lie and fraught with undisclosed fees in a system that is oversold with zero availability based on our attempts to make reservations.
During this sales presentation there was absolutely no mention of the maintenance fees that were required of owners would increase. Had we been told of these maintenance fees increasing, we certainly would have factored that into our decision. Not only were in the increased no disclosed to us, but over the time that we have owned this they have gone up over 50%. And yet, despite all these lies, we kept up our end of the bargain and paid the bills, paid the mortgage every month and didn’t even have the opportunity to use the timeshare a single time.
The pitch on getting involved with this was that we could sell this at a profit any time we chose. Patti told us that because we were buying in so low that it wouldn’t be an issue at all to sell this down the road, and yet, here we are two years later and we are unable to rid ourselves of this nightmare. We want nothing to do with this and the never-ending fees that are associated with it!
During all of this process we were being served alcohol and have to wonder how much that had to do with our approval of this purchase. Do you routinely get people drunk in order to get them to buy in at the resort?
Once we did agree to make this purchase, we were rushed through a closing process and signed our documents in about ten minutes flat. The option to cancel was not pointed out to us and in review of our contract upon returning home, we see that had we cancelled within three days, we could have walked away from this. We find it interesting that the rescission period is so short and that most people that sign those contracts are still on vacation in Mexico when time runs out. We know that we were, and the last thing we would have done while there is sit down and review the contract that we signed during our short and hard-earned vacation.
Our overall impression of this timeshare is that of a worthless investment. We certainly cannot find any advantages to ownership. Our attempts at ownership are met with so many restrictions that it seems that this isn’t designed to be used, but to simply be sold and money collected. We have never been able to use it and are so frustrated and angry to even have gotten involved in a scam like this. We honestly have laid awake at night over this and the humiliation it has brought to our lives. We can’t use. We can’t sell it. We can’t give it away. What are we supposed to do with it? We are too smart to have fallen for your scam, and yet, here we are and we feel as though we are being held hostage with this contract and never know when the next bill will arrive for maintenance fees and special assessments and how much it will be. We want nothing to do with this contract or ResortCom and demand that we be released from this contract and a refund issued in full.
Upon receipt of this letter, you will have 30 business days to respond to my request in writing to cancel this contract and issue a full refund of all monies paid on this contract, or I will file a complaint with the Better Business Bureau and the Attorney General’s office.
We want out of this contract and we want our money back. You lied to us and mislead us at every turn
Donald & Corinna Martin
_____________________________________________________________________________________________________________
August 24, 2011
ResortCom International LLC
404 Camino Del Rio South
Fourth Floor
San Diego, California 92108
Attn: Compliance Department
To whom it may concern:
We sent a letter to your business with a tracking number 70051160000469931916. You received it on June 16th, 2011 but to no avail. We are completely baffled as to why ResortCom refuses to resolve our issues and release us from our contract but can call us on every phone number we have and full up our email with demands for money. Those acts are completely discourteous and unethical for any business to operate as ResortCom has chosen to react to our requests.
We have enclosed another copy of our letter dated 6/13/2011 for your review. This letter will also serve as a cease and desist on all phone calls in an attempt to collect any debt. We are disputing this contract and we demand a response of we will be forced to enlist in a compliance and regulatory agency to assist in this matter to get it resolved. We have been patient enough and it’s time that your representatives and ResortCom be held accountable for their actions.
We will allow 14 business days for you to respond before taking this further.
Thank you for your anticipated cooperation,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
September 20, 2011
Attn: Patricia Baker
Account Representative
Monterey Collections
PO Box 5119
Oceanside, CA 92052
Dear Ms. Baker,
We have received notice of your attempt to collect a debt but we have been disputing the validity of our contract for about three months now. Please refer us back to the Villa Group so they may deal with their own mess unless you have the ability to settle our contract for us. Please send us notification as to whether or not you can help. We have enclosed all our letters that we have sent via certified postal for your consideration in making an informed decision.
Thank you for your time and anticipated cooperation,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
September 23, 2011
BBB of San Diego
Re: ResortCom International LLC
Dear Sir or Madam:
I wish to file a formal complaint against ResortCom International LLC. ResortCom International LLC employees misrepresented a severe amount of information on my contract. It was based on their lies and deceitful sales tactics that I made this purchase. Had I been made aware of the true terms of this contract, I would never have made this purchase. I am asking your guidance and assistance being that they are choosing not to respond to any of my pleas.
We have attached copies of our correspondence with ResortCom International LLC for your review. They are located at:
ResortCom International LLC
404 Camino Del Rio South
Fourth Floor
San Diego, California 92108
Thank you,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
October 24, 2011
American Resort Development Association
PO Box 96204
Las Vegas, NV 89193
Dear Sir or Madam:
We’re writing you to report a complaint against Diamond Resorts, with whom we have been in dispute with for some time regarding a timeshare property. They are putting no effort forth at all. As we understand it, ARDA has the ability to hold them accountable. Diamond prides itself on being a member of ARDA, but shouldn’t they abide by your ethics and standards? We have read your code of ethics, which Diamond has no practice in employing. Please see beneath:
The General Ethics Standards holds that any and all members, representing the enterprise, in regards to activities with prospects, buyers, other members, enterprise or community partners, regulators, and legislators or government agencies shall be honest, legal, ethical, and in accord with standards of fair small company dealings, professionalism, integrity, dignity and propriety.
All staff with respect towards the sale, resale or promoting of a vacation interest shall supply fair, meaningful and productive disclosure towards the consumer of all material terms and conditions of all other merchandise supplied contemporaneously using the vacation interest, which contains exchange programs, incidental benefits, financing, short-term products and exit programs. They shall represent that the obtainment of a vacation interest in fact ought to be based upon its worth as a vacation occasion or for spending leisure time, and not regarded as for purposes of acquiring an appreciating investment or with an expectation that the vacation interest may perhaps be resold for profit.
The employee shall give rescission rights to clients upon the sale of any vacation interest by way of an affirmative written disclosure in the time of execution of an obtainment and sale contract, plus the member shall promptly honor appropriate and timely exercise of rescission rights by a consumer. They have been clear and conspicuous.
They shall stay away from the use of false and deceptive statements. Any and all statements produced by the employee in connection with member activity shall not convey false, untrue, deceptive, or misleading info and details via any means; or omit material particulars which the details and particulars supplied could possibly be rendered deceptive or misleading.
Listed above are several of the customs you have charged Diamond to uphold, and in which they have come up short. We have included several of the correspondence relating to this matter so you’ll be able to assess it. We also notified Diamond that we’re disputing this contract in addition to the attached debt. Nonetheless, the only communication they’ve continued with us is sending us past due notices. They have not taken this matter seriously and we are asking you to assist us so that we may come to a resolution. Our ideal finished result would be told hold no responsibility for the dishonest and misleading practices applied by Diamond and their personnel. We only wish to be released from our contract.
Please get in touch with us with any further questions you mat have. Thank you for your time regarding this matter and we look forward to hearing from you soon.
Sincerely,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
January 31, 2012
BBB of Oregon
Re: Monterey Collection Services
Dear Sir or Madam:
We wish to file a formal complaint against Monterey Collection Services. ResortCom International LLC employees misrepresented a severe amount of information on my contract. It was based on their lies and deceitful sales tactics that I made this purchase. Had I been made aware of the true terms of this contract, I would never have made this purchase.
We have attached copies of our correspondence with Monterey Collection Services for your review. They are located at:
Monterey Collection Services
4095 Avenida De La Plata
Oceanside, CA 92056
Thank you,
Donald and Corinna Martin
_____________________________________________________________________________________________________________
May 23, 2012
From: Conciliacion a Extranjeros
Sent: 05/23/12 12:00 PM
To: Cori Martin
Subject: Complaint Vs Constructora Los Arcos del Cabo SA de CV
Subprocuraduría de Servicios
Dirección General de Quejas y Conciliación
Dirección de Conciliación y Programas Especiales
Departamento de Conciliación a Residentes en el Extranjero
Donald & Corinna Martin,
The Consumer Protection Agency, PROFECO, is part of the administrative branch of the Federal Government of Mexico. The Department of Conciliation Services for Foreign Residents provides assistance towards trying to conciliate controversies for foreign or Mexican citizens living abroad that acquire any product or service from a Mexican supplier.
Because of the administrative nature of this Agency, Profeco cannot dictate mandatory resolutions to resolve controversies presented before us; therefore, we cannot force a reply from a company. We assist the parties within a mediation/conciliation procedure; based on the terms of the contract that consumer supplies us. Conciliation is an inexpensive way to settle a problem and keep it out of court; besides, verbal promises will not be suitable in this conciliation procedure.
According to the Federal Law of Consumer’s Protection art. 105, to submit a complaint through this Agency a term of one-year statute of limitations, after the purchase or inconformity shall be applied; besides, verbal promises will not be suitable in this conciliation procedure.
According to the article 56 of the law there are just 5 working days after the signing of the contract to cancel without penalization, so we would be able to assist you to cancel your contract under the penalization established by the supplier, besides your contract was signed on 2009.
Profeco does not require the presence of the consumer during the mediation procedure. To be able to analyze your paperwork, it is required to submit, the following information:
1. Complete complaint form. (With the entire name and address of the Mexican supplier)
2. Copy of the ID of the persons who signed the contract (Passport or Driver’s License).
3. Copy of proof of sending of the cancellation request such acknowledgment, post receipt or note of sending
4. Copy of recent communication between you and the company.
We inform you that Profeco does not cancel contracts (does not have that faculty)but offer assistance in case that the company does not honor your contract or your cancellation request.
Mail the supporting materials to this mean in e-mail below 4MB and PDF format or to:
Procuraduría Federal del Consumidor
Dirección General de Quejas y Conciliación
Av. Jose Vasconcélos no. 208, 6º piso
Col. Condesa. Del. Cuauhtémoc
C.P. 06140, México, D.F. (Mexico City)
It is important to stress that all personal and confidential information collected by Profeco, will be considered as non-disclosed and protected by our Federal Laws.
Thank you
TANIA Y. PÉREZ GARIBAY
Department of Conciliation
Services for Foreign Residents
_____________________________________________________________________________________________________________
May 23, 2012
De: cori martin
Enviado el: sábado, 26 de mayo de 2012 09:26 p.m.
Para: Conciliacion a Extranjeros
Asunto: Re: Complaint Vs Constructora Los Arcos del Cabo SA de CV
All documents were already sent to you. Please let me know that you received them. I sent all that was requested at the time of the complaint. Your company was referred to us from the better business bureau in southern California. They said that you may be able to help us communicate with the resort. Since they are in Mexico, and they are selling timeshares under false statements, we thought it might not be good business for your country. Mexico relies on tourism, and it would be a shame to have the word get out that the resort is not telling the truth. Is that how companies in Mexico do their business?
Corinna Martin
_____________________________________________________________________________________________________________
May 30, 2012
From: Conciliacion a Extranjeros
Sent: 05/30/12 12:43 PM
To: cori martin
Subject: RE: Complaint Vs Constructora Los Arcos del Cabo SA de CV
We need specifically the following which was not included in your package:
1. Complete complaint form. (With the full name and address of the Mexican supplier)
2. Copy of the ID of the persons who signed the contract (Passport or Driver’s License).
3. Copy of proof of sending of the cancellation request such acknowledgment, post receipt or note of sending
if you provide us that information, we will be able to assist you only with cancellation without any kind of refund.
If the information specifically requested is not received within the term of 5 days, once you have received our notice, it will be assumed that no interest exists on following the conciliation/mediation procedure and your claim will be dropped for lacking of interest. Thank you
LAURA MEJIA L.
Department of Conciliation
Services for Foreign Residents
_____________________________________________________________________________________________________________
June 4, 2012
Profeco
Direccion General de Quejas y Conciliacion
Av Jose Vasconcelos, No. 208
Colonia Condesa, Mexico 06140, D. F.
RE: Don & Cori Martin Timeshare with Villa Del Arco/ResortCom International LLC
Here is the information that you requested. This is the second time we have send this info to Profeco.
This has been a three year long nightmare. Please note that we have never been able to use this timeshare, not one time, because they have made it so difficult to use. We have been lied to, cheated, and deceived. This whole nightmare has caused our family so much stress and heartache that it has lead to health and financial problems. This is our last attempt to put this matter to rest so we may move on with our lives.
We hope Profeco will help us bring this nightmare to a close as soon as possible. Our only other option is to build a website exposing Villa Del Arco/ResortCom Internation for what they are: cheats and liars. This website will have a negative impact on vacationers and timeshares in Mexico. We have made arrangements with a website building company to expose these companies for what they are. This website will have a big impact on tourism in Mexico, and a huge impact on Villa Del Arco and ResortCom International. We hope Profeco will stop this from going any further.
We want this matter taken out of collections and for Villa Del Arco to take back their timeshare and restore our credit. We would also like to get back our hard earned money since we were never able to use the timeshare because Villa Del Arco made it so difficult. We have begun the process of building the website and should be able to have it up and running in less than 90 days. We hope this can be resolved before that time. This has already had a huge negative impact on our lives and hope it does not go on so far as to have a negative impact on American tourism in Mexico. We can be contacted by telephone at xxx-xxx-xxxx, or via email at [email protected]. Please help stop the nightmare.
Thank you for your help in this matter.
Don and Corinna Martin
P.S. We have also contacted the ABC news show 20/20 and they are interested in hearing from us.