We kept pretty quiet between the time that we received the meeting date and the time that we received confirmation from PROFECO that our case has been resolved. But in fact, quite a bit happened, mainly threatening letters from ResortCom. On June 8th, we received the following email from Diane Wilson:
Dear X
I tried to call you regarding your membership but unfortunately I could not reach you on the phone. Your account is past due. Please contact me regarding your monthly payment.
Your account is not with in the payment terms of the contract. Please remember your payments are due on the 1st of each month and you do have a grace period through the 10th at close of business before late fees generate. I can accept payment over the phone via a credit / debit card free of charge.
Thank you,
Diane Wilson
Portfolio Management
Resort Com International
404 Camino Del Rio South, 4th Floor
San Diego, Ca 92108
She obviously knows the situation but continues to press for payment. We replied back:
Dear Ms. Diane Wilson,
As you are aware, we have cancelled the contract as of February 8, 2009 and have requested a full refund in accordance with Mexican law. PROFECO, the Mexican consumer protection agency, confirmed that we were within our right to cancel without penalty and has scheduled a hearing with Grand Solmar on ----. As such, we are asserting that Grand Solmar and Resort Com International have breached contract terms are past due on our refund. Please send a check for US$xxxx to the following address:
----
Regards,
X and Y
Instead, we receive a response from their legal department. Two months later, we receive another threatening letter in the mail from ResortCom. We were not going to pay because we knew that we would not be able to recover money paid out to ResortCom. At this point, we were tired of their hounding and filed a complaint to the California state attorney general's office (
http://ag.ca.gov/contact/complaint_form.php?cmplt=CL) and the US Federal Trade Commission (
https://www.ftccomplaintassistant.gov/) against Playa Grande's business practices. We sent the following email to ResortCom, Playa Grande, and the US Consulate in Mexico:
We are writing to acknowledge the receipt of Resort Com's letter, dated July 20, 2009. As stated in previous correspondence, we deny this debt as we canceled the contract with Grand Solmar on February 8, 2009. As such, we will not be making any payments. In fact, we are waiting for a full refund of our deposit of US$xxxx.
It seems that Grand Solmar has so far failed to acknowledge our cancellation because of a dispute about what "5 days to cancel" means. Grand Solmar stated that we have 5 calendar days to cancel, but the law clearly states that it is 5 business days. Our cancellation falls within the 5 business days, and PROFECO has confirmed that our cancellation falls within the 5 business days allowed by Mexican Consumer Protection Law. Please see the attachment. Furthermore, as
you are aware, we have a meeting date in early August with Grand Solmar representatives and PROFECO. We have also filed a complaint with the California State Attorney General and the US Federal Trade Commission about Grand Solmar's business practices.
We expect Grand Solmar and Resort Com to stop harassing us with letters requesting payment, and expect a full refund of our deposit immediately.
Regards,
X and Y
The US Consulate was very responsive this time, compared to the last time we contacted them. However, according to them we have already taken the necessary steps in contacting PROFECO. We received a much calmer response from Diane, though I don't understand why they need to forward our emails to Playa Grande instead of getting us in touch with them directly.
X and Y,
Your correspondence has been forwarded to the resort as it has been received. Your membership is not cancelled. From my understanding there is a hearing scheduled with PROFECO on ----. Is this correct information?
Thank you,
Diane Wilson
We replied:
Dear Diane Wilson,
We don't understand why you neglect to acknowledge our cancellation. The proof is in the email correspondence. Why is this contract's cancellation still in dispute? The first hearing date is scheduled for ----. In the meantime, we await your refund of our deposit in the amount of US$xxxx.
Regards,
X and Y
Again, she forwards the emails into an abyss.
X and Y,
The cancellation and or refund is not processed here at Resort Com. I have forwarded your information, as received, to the resort and will do the same with this correspondence.
Regards,
Diane Wilson
In the meantime, we never receive a response from Playa Grande or ResortCom about why they don't believe the correspondence I received from PROFECO about the cancellation date.
