Disputed transaction rights

moneypit23

Hi. Hopefully this is the right forum for this question and there are some legally knowledgable out there who can help.

To cut a long story short I bought a timeshare in 14th October this year in Mexico (probably one of the worst decisions of my life and yes, I know I was stupid). As part of the scam they told me that as I was buying a resale I had no right to cancel. They then made me sign a pre-printed waiver to that effect. They then neglected to include a copy of the waiver in all the paperwork they gave me. I didn't read the contract again until I got home and now understand that I had 5 days to cance under Mexican law and the waiver was unlawful.

I paid 50% there and then on credit card and signed an agreement for them to take 24 monthly payments on my credit card for the rest. I have contacted my CC provider to see if the payment can be stopped and put in dispute but they say they can't do it. I asked if I can stop the monthly payments and again were told that was not possible if the timeshare people have a signed mandate. What the CC people said I'd have to do is try and claim under section 75 of the Consumer Credit Card Act.

I am trying other avenues to cancel the contract including Profeco (the Mexican consumer protection office) but thought I might get more help from the Credit Card Company.

Any help or suggestions?

exel1966

Must be the 2nd or even third time I've read this particular (slight details ammended each time) story !

moneypit23

exel1966 wrote: »

Must be the 2nd or even third time I've read this particular (slight details ammended each time) story !

Thanks for the help....

gnaril

Bank is only going to assist if there has been a breach of contract.

I would suggest that when you call your bank dont contact their "disputes" team but moreover ask to speak to their Consumer guildance team/ Team that deal with section 75 liabilty.

The bank will need all your documentation to review. Just for information, when ever anyone received mail/documentation in our disputes department it goes straight to our s75 department to review as we dont touch them......

As for the subscription/regular billing they are correct they cannot cancel these wether you block the account or not they will simply transfer onto the new account number.

Sorry I cant help more than that like i said - dont touch any timeshare issue so dont know the ins and outs

jonesMUFCforever

As I see it you bought a timeshare - you have got a timeshare - so why would the credit card company chargeback the transaction?

moneypit23

jonesMUFCforever wrote: »

As I see it you bought a timeshare - you have got a timeshare - so why would the credit card company chargeback the transaction?

It's more in the question of the legality of the methods, primarily the unlawful waiver they made me sign. Believe me, I'm not after anyone's sympathy, just any good advice.

moneypit23

gnaril wrote: »

As for the subscription/regular billing they are correct they cannot cancel these wether you block the account or not they will simply transfer onto the new account number.

And what if I just cancel the credit card?

izools

If you report the card stolen they will issue you a new card number and decline any transactions put through on the old card number.

I've done this once or twice myself and in my experience it works for recurring card authorisations

dtaylor84

moneypit23 wrote: »

And what if I just cancel the credit card?

The account will be reopened and the charges will continue to be applied. And you will still be liable to pay them.

dzug1

Unless the company has failed to supply the contracted timeshare I don't see that the CC company can help.

But worth raising it with them.

moneypit23

izools wrote: »

If you report the card stolen they will issue you a new card number and decline any transactions put through on the old card number.

I've done this once or twice myself and in my experience it works for recurring card authorisations

Now I'm warming to this idea....