Encanto PRC/Jay Beck/Elizabeth Barrios They ripped off $15,000 dollars and we have nothing to show for it! Playa Del Carmen Mexico Internet

Dear Sirs,

On April 8, 2013 my husband and I were in Playa Del Carmen, Mexico at El Faro Resort.  We were interested in Encanto Private Residence Club.  Encanto was providing a tour/informational session on the private residence condos they own and are in the process of building.  We got a tour from Jay Boeck.  We liked the accommodations and went through the spiel.  We were to have 2 weeks every year with eight different resorts available for our use.  There would be no yearly maintenance fee, only $149.00 tax each year for owning the property.  The yearly tax was significantly less than we were paying in maintenance fees with our current timeshare at Mayan Palace.  We would also be using a different exchange company other than RCI, which can be very frustrating to use.  We could exchange the private residence for the same timeshare location we currently use for less money and less hassle. 

It sounded good but the price was a bit high.  Jay Boeck offered to take one of the 2 weeks for the first five years, leaving us with only 1 available week the first five years, to decrease the cost even more (again getting $3,000.00 for each of those weeks from the marketing company each year).  Jay said they would probably buy back the available week each year for marketing purposes and give us $3,000.00 for each, but it was not guaranteed because it depended on how business was going.  Our year of initial occupancy would be 2014, meaning our first available week was in 2014.  So, we would have to call after the first of each year to see if they would buy it back. 

At the end of the five years this would pay us back for most of the cost of the private residence.  Then he offered to trade in our current Mayan Palace timeshare to decrease the cost even more, giving us $8,000.00 off the price.  We agreed to the terms and signed the paperwork with Elizabeth Barrios who worked in member services and would be our contact.  The total price was to be $12,002.00.  We paid $6,100.00 on that day with our Bank of America credit card for the deposit and $149.00 for the year’s tax and signed a promissory note for the balance of $7,801.00 due by June 8, 2013.  We went home with the paperwork and a couple of months to figure out how to finance the balance.

We returned home to see if we could get either a home equity line of credit or a separate credit card from our bank, BMO Harris, for the final payment.  We were unable to get a line of credit, so we applied for a credit card with the bank. In the meantime we received a phone call from Global Marketing Co (GMC) to be paid $499.00 to market our weeks.  We were not informed of any additional costs, and it took several correspondence emails due to the language barrier with Elizabeth Barrios to figure out whether we really needed to pay this amount or not.  Our original paperwork stated they discounted the original price of the private residence $499 “for marketing pourposes” and $499 “for use on trade in”. 

So we thought this was already paid.  After several frustrating emails we were told to pay it.  So we paid it, $499 +tax (total $553.89).  Then we received another phone call from Equity Transfers International (ETI) to pay them $499.  This seemed suspicious because we just paid $499.  Then through a few phone calls and emails we discovered that this was a different company that would be used to exchange our weeks we traded in to travel somewhere else while the first company would be used to market the weeks that Encanto bought from us.  So we paid ETI $499 (no tax) as well.  It was all very frustrating since we were not told there would be more fees after the initial amount and now we had paid out almost another $1,000. 

Encanto & ETI told us it would take 6 to 8 months to finalize everything.  But we felt this was the final hurdle.  Then we were told then by ETI that we were only on step 5 of 9 to finalize the transfer of our timeshare for credit.  More waiting.  We received a phone call from ETI stating that they were having difficulty getting our Mayan Palace timeshare transfer completed, some sort of legal issue that had to be expedited.  ETI asked for $399 for a legal prep fee to prepare and file the necessary documents to finalize the transfer.  So we reluctantly paid $399 +tax (total $442.89) hoping this would be the last extra fee.  Then we waited to hear from them again.

We never received any more phone calls or emails stating what step of the transfer we were on or received any final documents stating the purchase was final with any kind of deed.  The 6 to 8 months would put us into December, 2013.  Encanto had told us that we would need to call after the first of January, 2014 to see if they would buy our 1 available week for marketing purposes.  Since we had no other finalizing correspondence, my husband Mark called Encanto Jan 5, 2014.  He heard an automated response saying he could not get through and should try again later. 

I encouraged him to email Elizabeth Barrios in case the phone lines were down/changed.  He emailed Elizabeth at member services at Encanto Jan 5, 2014, requesting the $3,000 for our week that Encanto had bought and if they would consider buying our 1 available week.  He asked if the phone number we had was still valid or if it had changed.  My husband left at 3am Mon Jan 6^th to visit friends in Tennessee. 

That day he received an email from El Faro resort, which he subsequently forwarded to me.  In it Alejandra Juarez from member services at El Faro Private Residence Club stated that “Encanto is not doing the administration of the properties any more, they left hanging more than 600 reservations and contracts.  We are working for El Faro Private Residence Club which is trying to help and provide information to the members.” Alejandra encouraged us to contact Global Marketing for information because she stated “we do not have information about your affiliation.” 

So, I stayed home Tues Jan 6, 2014 to make phone calls and investigate.  I called Alejandra Juarez at El Faro to ask what was going on (866-978-8045).  Although she spoke to me in English, she did not understand many of the phrases I spoke and was not directly answering my questions.  She told me that Encanto basically left, taking our money, leaving only some files behind.  Although, it seemed odd that when I called I gave her my last name she knew both of our first names.  However, she said it would take her 2 hrs to find the contracts to be able to answer any of my specific questions.  She asked if we were paid in full, as if she had no idea.  I don’t exactly know what is going on. 

I asked several times if I needed to get a lawyer, which question she avoided.  She told me to call Global Marketing (GMC) to see if I could get paid the $3,000 for the week Encanto bought from us for 2014.  She said if they had not paid Encanto yet we could have them pay us directly. She then informed me that El Faro would honor our contract with Encanto for $3,000.  I have already paid almost $15,000 and was not willing to pay $3,000 more to own at only one resort.  I asked her to look up my paperwork and call me back.  I have yet to hear from her.  Upon the third time asking if I should get a lawyer, she stated that some people were and she could get me the information. 

I thought that meant there was some kind of class action suit against Encanto so I asked for the name of the lawyer.  She told me “oh no, you have to get your own lawyer.  I can give you the name of the owner.  Maybe he go to jail.”  I told her I would call GMC to find out what was going on and if they sent me any paperwork I asked her if she wanted me to forward it to her. She didn’t understand.  So I asked “if they send me paperwork in an email do you want me to send the paperwork to you?”  She said “oh, no.”  We ended our conversation with her promising to try to find my file and promising to call me back.  I have not heard from Alejandra again yet.

I then called Global Marketing Co (GMC) (800-969-7922) to ask about payment for our week that Encanto bought from us (for the 1^st 5 yrs).  They said that they had just released the week and that it may take 90 to 180 days to rent it out.  He promised that GMC would email us and call when it was rented to see how we wanted to be paid the $3,000.  So we are supposed to be receiving $3,000 from GMC when it is rented, instead of Encanto receiving the payment.  I asked about how much money if any they had already paid Encanto. 

He told me they had already paid them $6,000 for the 2 wks from 2013.  We were told our initial occupancy/availability would be 2014.  We were not even aware that they received payment for weeks in 2013.  We have paid GMC in total $553.89 to market these weeks.  I asked what exactly they did to market them.  He told me that they take our weeks and sell them to places like Orbitz and make money.  I thanked him for the information.  I have not heard anything else from GMC since this call.

I then called Equity Transfers International (ETI) (888-449-2403) whom we had paid $499 to be able to exchange our weeks to travel other places.  It was after hours and I left a detailed message and asked for them to call me back.  I have tried to call a couple times since then and either it is after hours or it is busy.  I have not heard from them as of yet.

Lastly that Tues Jan 6, 2014 I called Mayan Palace just to see if the transfer of our timeshare went through and we were actually left with nothing.  Mayan Palace informed me that our timeshare was still active.  We still owned there.  Finally, the only piece of good news; they hadn’t taken everything from us.  I asked if the transfer was pending and he informed me that ETI had called to cancel the transfer of our timeshare to Encanto.  I do not know why or when they canceled it. 

However, that was part of the agreement for payment that Encanto would take $8,000 off the price for our trade in.  If the transfer was canceled it seems safe to say we never finalized the payment.  We have not received any deed or paperwork stating we own a private residence.  I have tried to call Encanto several times since then.  The line is either busy, or I receive an automated message stating the number cannot be completed at this time.  They are not returning our phone calls or our emails.

I then called Bank of America and BMO Harris to dispute the charges on our credit cards.  Bank of America was charged $6,100 on 4/9/13 by Encanto, and $499 on 5/25/13 by ETI, with a foreign transaction fee of $14.97.  BMO Harris was charged $553.89 on 6/5/13 by ETI with foreign transaction fees of $11.07 on 6/5/13 and $4.19 on 6/10/13; $442.89 on 7/9/13 by ETI for legal prep with foreign transaction fee of $8.85; and $7,302.00 on 7/9/13 by Encanto with a foreign transaction fee of $146.04.  The grand total we have paid for a residence we do not own is $15,082.90.  I am still trying to contact El Faro to find out about my file, since they are unaware of me owning anything. 

I am still trying to contact ETI regarding information about the timeshare transfer and why and when they canceled the transfer.  I apologize for not having this information for you, but I received the paperwork for Bank of America on 1/13/14 with a requirement of receiving the paperwork back by 1/19/14.  This does not seem like enough time even for the mail to get through.  As I receive more information I will forward it to Bank of America and BMO Harris.  I have attached a copy of all our contracts, payments, and paperwork, along with any and all emails I have received or sent including the attachments.  Please dispute these charges.  I will be consulting with law firms to see what to do.  I appreciate the time and effort you all put in to researching this. 

Sincerely,