August 13th 2012 in the Evening while on Vacation in Dominican Republic we went to a sales presentation for a time-sharing from LHVC. During this presentation we agreed to purchase a time-sharing. Knowing that we had four days to review and cancel and after reviewing we decided to cancel the same day. This decision to cancel was based on misrepresentation of what we were receiving and in further conversation with LHVC Representative this reinforced our decision.
We were told in written and Verbal communication that we had four days to cancel and they would not put thru the $16,500 until after the four day review period which if we decided they would rip up the Amex Slip.
We emailed and Fax written Cancelation request to the Member Agreement.
Cancelation to LHVC as well as in person at the LHVC Office in Dominican Republic. When we went into
the office on 8/13/2012 to Cancel and they told us to come back tomorrow. on 8/14/2012 1 day later we were giving the run around and much opposition. All we wanted to do is cancel. We waited around and finally after we barged into the customer service location they spoke to us. They told us that there fax machine was down and they could not fax a Cancelation letter for us.
Finally We had them sign the Acknowledgement of a had written Cancelation letter we wrote.
we contacted American Express on August 13,2012 , August 14th 2012 and August 15, 2012 each time explain the circumstance and our concerns and on August 15th 2012 we canceled our American Express card and was issued a new one to prevent any fraudulent or unauthorized charges. On August 15th 2012 we were told that no charges were posted to our account from LHVC and that it would not be charged once we shut the account and were issued the New card this would not go thru.
after Arriving back home to the States we recieved an email were they wanted us to sign a cancelation agreement that we would not take legal action or participate in any negative comments towards them and would charge us over seven thousand dollars in cancelation fees. No services were rendered from 8-13-2012 to 8-14-2012 and we were in the four day cancelation review period. Clearly this is a deceptive organization who is selling something that is not obtainable and then on top of that wants to take money for receiving nothing.
We then Dispute with American Express. American Express rules in There favor. Reasons was a forwarded a copy of a Member Agreement, which they say we signed, and initial the contract in Various places as a form of Agreement with the terms and conditions of the sale. American Express go on to state that based on the reviewing of this information that you are advising us to sign a new contract with them that would obligated us to pay over $6,000 and for them to refund the balance of the $16,500. In Fact they title it as a Cancelation Agreement but it is a new Obligating Contract with LHVC, that would obligated us to pay for canceling.
American Express Circle a few points in Member Agreement 00-16049 with LHVC which States The Member herby Irrevocably agrees by his/her/their signatures below to be bound by the conditions as stated in this agreement. The Member also Accepts the service charge upon signing of this agreement to the escrow agency. Subject to Variation in accordance with the particular constitutions of the club. The Member herby confirms and agrees with the signature of this agreement that he has understood and accepted the Membership Agreement Conditions as well as the Rules of
Occupation that are part of this agreement.
They also point out and circle the agreement states No Modification of this agreement shall be valid unless made in writing and signed by both the purchaser(s) and the Club.
However they fail to see the paper work we forwarded to them which states on The Last page of the Member Agreement 00-16049 listed the rules of occupation and states the following.
A cancellation by the member within the four (4) calendar day review period shall receive 100% refund of membership fees or deposits during the review period.
Any refund granted to the Member pursuant to a cancelation request within the allowable time frame four
(4) days shall be processed only upon receiving written cancellation request.
No other Rules of Occupation were showed to us and anything outside of this agreement is not applicable. It seems to me American Express is involved in this or enjoys a lucrative Merchant Relationship and volume of Business from LHVC and is favoring them.
Here is a Question
Why would we need to sign a new agreement that they call a cancelation agreement if it already had been established in the written agreement.