Beware of Boutique Resort La Jolla Mazatlan Mexico

[PJTSytms97]

Attention All Buyers! Beware Boutique Resort La Jolla Mazatlan, Mexico

On December 17, 2007 we signed a contract with Boutique Resort La Jolla, Mazatalan for 27,500 fractional ownership points. We had an addendum to the contract which made the purchase of the fractional ownership points, contingent upon the sale of our previously owned timeshare in Virginia Beach, VA. The merchant had to sell our VA beach timeshare in six months,or no later than June 17, 2008.

We signed a waiver for the 5-day cooling off period, which we found out later was illegal by Mexican law. The merchant required us to make an earnest money down payment of 50% of the purchase price, with a new application for a Bank of America credit card.

The merchant's bank, Santander Serfin, processed the credit card purchase. Bank of America purchased 24.9% of Grupo Santander Serfin in March, 2003. Making the merchant's bank and Bank of America partners. The merchant sent me an email on December 27, 2007 stating, "that the state law in Virginia Beach complicates things for us a little." I knew then that we were scammed. I notified Bank of America, and they said that I had to make the 1% interest payments on the credit card pending the expiration of the contract on June 17, 2008.However, on March 31, 2008 I received a letter from Bank of America, crediting my payments and the entire credit card purchase. One June 10, 2008, I received another letter from Bank of America stating that they had received a letter from the merchant, and they were re-issuing the charges. The merchant failed to sell the VA timeshare, and we canceled the contract as per our option, that was written and signed by the merchant. We submitted the contract cancelation both by US certified mail and email to Boutique Resort La Jolla on June, 17, 2008. Bank of America refused to credit my credit card, and Boutique Resort La Jolla refused to honor the contract. Boutique Resort La Jolla sent us an email on July 21,2008 admitting,"first of all, you are obviously right, in not being delivered what was promised."

So, even with a signed confession, Bank of America

continued to refuse to credit my credit card for the earnest money deposit.Bank of America states that Boutique Resort La Jolla will no longer respond to their inquiries. My Bank of America credit card is a Mastercard. I visited the MasterCard wordlwide network website, and found that Bank of America has arbitration chargeback and other options at their disposal to seek a refund from their partner bank Santander Serfin. Boutique Resort La Jolla requested to be paid the remaining balance due on the fractional ownership points in the July 21, 2008 email. We had to hire an attorney to reinforce our contract cancellation with the merchant. We had to pay the Bank of America credit card charges, or risk being reported to the credit bureaus. We thought that having a written contract would protect our rights. I have submitted PROFECO complaints both directly to the PROFECO office in Mexico City, as well as through the US embassy in Mexico. I have reported Bank of America to the Office of the Comptroller of the Currency, Better Business Bureau of Maryland and Delaware. I have written my Congressman, the Better Business Bureau of Delaware, the Attorney General Offices of Maryland and Delaware. I have been doing my research on the issue of timeshare scams in Mexico, and have found that tens of millions of America dollars are being exploited each year. I plan to exhaust every option at my disposal to obtain a refund of my earnest money down payment. So, just a reminder, to all vacationers, it's not just the timeshare salesmen to be wary of, also be wary of the banks that are in league with them. I believe that Bank of America is equally as guilty of timeshare fraud as is Boutique Resort La Jolla, Mazatlan, Mexico.

[PJTSytms97]

I just wanted to post an update to my case against Boutique Resort La Jolla, Mazatlan, Mexico. I am continuing to work with PROFECO in Mexico City, in filing my consumer complaint for a full refund of my earnest money down payment in the amount of $6175.00. After reading all the travel forums and websites, and discovering just how many Americans have, and are undergoing this same dreaded experience, I sent a letter to President Calderone of Mexico. I have read a biography of this Harvard-educated man, and I decided that he should know, from a victim, just how one feels to be
treated, by some of the timeshare merchants in Mexico.
I told President Calderone my entire story, or should I say nightmare, of being lied to and defrauded by Boutique Resort La Jolla, and our salesman Mr. Fernando Lobato, on December 17, 2007. I informed President Calderone`
that I am just one of hundreds, or thousands of tourists, who let their "guards
down," while on vacation, and fall prey to unscrupulous timeshare salesmen, all saying, the same thing, "Let me make you a deal that you can't refuse!"

I was very moved by what I read in President Calderone's biography. I believe that he is a very just and honorable man. I am going to trust that he will have someone in his Executive Branch investigate these abuses of tourists in Mexico. If others would like to email President Calderone, I have listed the email address below.
https://contacto.presidencia.gob.mx/...nes/indexn.php

[PJTSytms97]

Please Note:
The correct email address to contact President Calderone of Mexico is www.presidencia.gob.mx/?IDM=1

PJTSytms97

[PJTSytms97]

I received an email confirmation from PROFECO today. My first hearing is scheduled for February 4, 2009. I am hopeful of a just resolution. I have been living this nightmare for a year, as of December 17, 2008.

Please wish us luck!
PJTSytms97

[PJTSytms97]

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Hell-o,

I am asking all tourists who have been scammed, or defrauded by Boutique Resort La Jolla, Mazatlan Mexico, to please take a few minutes and tell your story, as I did, to Ambassador Arturo Sarukhan, of Mexico.

I have been receiving emails daily, from people just like myself, who have been scammed or defrauded, while on vacation, by Boutique Resort La Jolla. When I was defrauded, I wrote to my Congressman, Senator, the Attorney Generals of Maryland and Delaware, all to no avail. The credit card companies, are also of little assistance. I was defrauded by Boutique Resort La Jolla by using a new application for a Bank of America credit card. I found out later, that Bank of America, had acquired 24.9% of Santander Serfin, the resort's bank, that processed the credit card application. So, needless to say, there was definitely a conflict of interest. Something has to be done, to stop this type of abuse of tourist dollars.

So, why not start at the source, the Mexican government. Together, we can send Boutique Resort La Jolla, Mazatlan Mexico the message, that tourists will no longer accept them conducting, "business as usual."


I believe that we can make a difference. Please take a few moments to tell Ambassador Sarukhan, how being scammed or defrauded, has affected your life, your financial situation, and how this experience has influenced, whether or not you will return to Mexico for future vacations. I have attached the link to the Mexican Embassy to the United States website for your convenience.
http://portal.sre.gob.mx/usa/index.p...ntact&Itemid=6

[PJTSytms97]

We decided to celebrate our anniversary on February 9, 2009 at our timeshare at Pueblo Bonito, Emerald Bay in Mazatlan. We walked along the beach near Boutique Resort La Jolla one day, and were very surprised by the amount of construction that has been completed since our visit on December 17, 2007,

when we signed Contract No. 417 with Addendum with Mr. Lobato.

I seem to remember that the model that was shown to us,at that time, was much larger in scale, than what has now been actually constructed. Since our resort is a neighboring property, fellow tourists would stop and ask me if I knew anything about Boutique Resort La Jolla. Needless, to say, I am not a walking advertisement for that particular resort. We will be neighbors of Boutique Resort LaJolla for the next 28 years, so it will be interesting to watch the progress. We love Mazatlan and our timeshare there.

It would be very helpful to Americans, if the US State Department would inform Americans who visit Mexico,that we have PROFECO as a resource, when we have consumer fraud issues, while on vacation in Mexico.

I hope that all you who purchased from this resort, are able to obtain the services that you paid for with your hard earned money. I checked in at the PROFECO office in Mazatlan, while we were there to check on the progress of my case against Boutique Resort LaJolla. The first of three PROFECO hearings was scheduled for February 4, 2009 in Mexico City.


The PROFECO staff informed me that my case is still in progress.




Good Luck to us all!

[said]

We purchased the timeshare with La Jolla under the understanding that la jolla would find buyers for our two current timeshares at the agreed upon price of $5.00 within six months. At the end of that period when no buyer was found, I demanded reimbursement of the amount I had paid, $15.300 USD. They came back to me requesting another 6 months with the provision that I would be paid the $5.500 USD in equal monthly installments over a 6 month period. At the end of that time if no buyers were found, the Resort would take over ownership, and i would have no further obligation to those timeshares after September 10, 2008. They made the regular six-month payments and paid the $5, 500 in full. I gave them an additional week after September 10 to accept the transfer of ownership of the two timeshares since the sales manager I was dealing with, Ed Chester, was ill.

I sent them the paper work for the timeshare transfers to be signed and returned to me by September 17. The paper work was returned to me unsigned. I sent an email stating that, since I got the papers back unsigned and they obviously had no intention of going forward with the deal, to send me the balance of the money owed me $9, 800 USD. They ignored this and cut off further communication.

Earlier this year, the Resort sent me a bill for the maintenance fees for 2008 and 2009 by email. I responded that since he had voided our contract no monies were due. They responded that I was right and they were sorry for bothering me.

To think that I was going to utilize the service of Fernando Lobato, the sales manager who started this charade, to help me purchase a residence since my wife and I were planning to retire in Mexico, is laughable. It is good that I found out the type person he is and by reflection, the resort itself is, before I invested any additional monies. I have tried since the beginning of this deal to make it work because I was so totally convinced by Mr. Lobato that this was a good deal. Boy, was I wrong. The time and money I have spent money for legal forms, postage, phone calls, and shipping costs to Mexico dealing with the transfer of my current timeshares.

This situation has been the source of considerable aggravation and anxiety for almost two years now. Whereas previously my wife and I had seriously considered relocating to Mexico, we have no desire to visit there again at the moment. It's a shame that a Lobato and Resort La Jolla could make us feel this way. Since this incident happened in trying to find a resolution to getting my money back, I have found other individuals who have also been scammed by them. People like this should have any sales licenses they possess cancelled since they unfortunately represent to an extent the Mexican people.
I am going to dedicate myself to aware future travelers to Mazatlan and Mexico to be careful about going to timeshare presentations since we are not protected by the laws of Mexico or the US.