NH - Aruba timeshare contract issue.

[Friend In Court]

Just a note of foreign judgments and collecting on them in the U.S. And a judgment issued in one state is still considered a 'foreign judgment' when one tries to collect in another state.

The general principle followed in order to enforce it in a U.S. jurisdiction is that it must have been made in accordance with legal principles followed in our country. If there was a lack of due process, for instance, the judgment may not be given comity in the state one is trying to register and enforce it.

Between the US and Canada and generally speaking, UK jurisdictions, legal principles are essentially the same or similar. But as to many other countries, some Middle Eastern ones for example, not necessarily so. If issued under Sharia law, not likely..

That is why my remark "TAC" to the judgment, subject of this post.

Linda or anyone...
Where you able to recind your contract? I am in the same shoe. Need to recind while I Aruba. Thank you for your help.

It is amazing how many of us were taken advantaged of by Divi Resorts! My wife and I just came back from Aruba yesterday and while there also got had by Divi. We tried to rescind less than 24 hours later while still in Aruba, and was shown the obscured buried, oh so important to know, No Cancellation clause that they have you initial, unknowingly while they are tossing a ton of other papers and champagne down your throats. Their practices are deceitful and misleading to say the least. They lie and tell you that you are dealing with a U.S. company based in NC but then when you come back to rescind the contract they say it's not a US company but just a satellite headquarters and everything is based on Aruban law.

This is very misleading because as Americans we understand our consumer rights and know that we have an opportunity to rescind these sort of contracts, albeit a short window of time. The minute I got back to my hotel and read over the documents and discovered the multitude of their misleading lies during the sales pitch, I decided to cancel. One of the lies was a guarantee that they can sell the property for me for way more than I was purchasing it from them if I no longer wanted it. A quick research of resale properties proved that to be a big fat lie.

The claim that their laws are based on Dutch Law is also misleading because the Dutch Antilles have a consumer protection law that allows for a 5 day cooling off period where you can rescind the contract. When I brought this up to them, they then claimed that they are not apart of the Dutch Antilles so the law doesn't apply. So which is it, do they follow Dutch Law or are they an American company? In either case one should be allowed to rescind in a timely matter.

It is amazing to me how they sneak in clauses and lead you to their Marketing company when trying to cancel. I believe they do this as a stall tatic so that you miss your window of opportunity to rescind. I faxed, certified mailed and delivered in person my rescission letter the very next day after signing since I was still in Aruba. In all honesty I'm expecting to lose my deposit but the Dutch Antilles laws says that you should only be penalized up to 3% of the purchase price and cost of paperwork.

I plan to consult a timeshare lawyer as well as the Federal Trade Commission. What they are doing to us over there is criminal and needs to be exposed! They will not get another dime out of me and I will also try the "TAC" process. I fully expect my government to stand by us when this shady foreign company tries to collect on a debt entered into under false premises!

Good Luck to all that is going through this situation and please post any information that will help us all in relieving ourselves from this dilemma.

[melbabey]

I posted this before registering:

It is amazing how many of us were taken advantaged of by Divi Resorts! My wife and I just came back from Aruba yesterday and while there also got had by Divi. We tried to rescind less than 24 hours later while still in Aruba, and was shown the obscured buried, oh so important to know, No Cancellation clause that they have you initial, unknowingly while they are tossing a ton of other papers and champagne down your throats. Their practices are deceitful and misleading to say the least. They lie and tell you that you are dealing with a U.S. company based in NC but then when you come back to rescind the contract they say it's not a US company but just a satellite headquarters and everything is based on Aruban law.

This is very misleading because as Americans we understand our consumer rights and know that we have an opportunity to rescind these sort of contracts, albeit a short window of time. The minute I got back to my hotel and read over the documents and discovered the multitude of their misleading lies during the sales pitch, I decided to cancel. One of the lies was a guarantee that they can sell the property for me for way more than I was purchasing it from them if I no longer wanted it. A quick research of resale properties proved that to be a big fat lie.

The claim that their laws are based on Dutch Law is also misleading because the Dutch Antilles have a consumer protection law that allows for a 5 day cooling off period where you can rescind the contract. When I brought this up to them, they then claimed that they are not apart of the Dutch Antilles so the law doesn't apply. So which is it, do they follow Dutch Law or are they an American company? In either case one should be allowed to rescind in a timely matter.

It is amazing to me how they sneak in clauses and lead you to their Marketing company when trying to cancel. I believe they do this as a stall tatic so that you miss your window of opportunity to rescind. I faxed, certified mailed and delivered in person my rescission letter the very next day after signing since I was still in Aruba. In all honesty I'm expecting to lose my deposit but the Dutch Antilles laws says that you should only be penalized up to 3% of the purchase price and cost of paperwork.

I plan to consult a timeshare lawyer as well as the Federal Trade Commission. What they are doing to us over there is criminal and needs to be exposed! They will not get another dime out of me and I will also try the "TAC" process. I fully expect my government to stand by us when this shady foreign company tries to collect on a debt entered into under false premises!

Good Luck to all that is going through this situation and please post any information that will help us all in relieving ourselves from this dilemma.

Hello.

OMG! I wish you posted this while in Aruba and we could have met up.

My Husband and I came back on Sunday. We had the same exact situation and we tried to rescind in less than 24 hours as well. The whole thing happened on Tuesday. We sent our rescinding letter via UPS to NC and via courier service to the office in Aruba (we didn't go back as we do not want to deal with conniving Sales People) on Wednesday. We got a message in our hotel room on Thursday. The message was left by the salesman that we dealt with. Per his voice mail, if we tried to CXL the contract we would lose our deposit and of course he wanted us to reconsider. We returned the call on Friday to speak with the manager but the same sales person called us back after our several attempts. To make the long story short, they want us to make 2 monthly payments and after that, we might be able to CXL the contract. Such BS. I kindly told them that we would not be making ANY additional payments and if it comes down to litigation, so be it. At the end, they said we will be hearing from someone named Patrick. I asked for Patrick's last name and they did not want to tell us.

On Tuesday (6/12, 4 pm) we received an email from Patrick Davis that basically informed us that the contract was signed under Aruba law and there is no cancellation.
Like you, we have already come to terms that we will lose our deposit, as long as we get out from under the obligation of the contract, which we tried to rescind within 24 hrs of signing. As you already know, while signing the contract, NO ONE told us that under the Aruba Law we can't rescind the contract. The whole process was very deceptive and unethical marketing tactics were used. Since we received email from Patrick, we decided that we will dispute the deposit charge with our credit card company.

Please know that we are in the same boat as you are and we will help you expose Divi for their deceptive business practices.

Aruba is such a beautiful place to visit, however our trip was ruined because of this very negative experience.

We will also be retaining Real Estate/Timeshare Lawyer.

Please keep us posted on the progress.

Thank you.

[melbabey]

Originally Posted by Unregistered Hello. OMG! I wish you posted this while in Aruba and we could have met up. My Husband and I came back on Sunday. We had the same exact situation and we tried to rescind in less than 24 hours as well. The whole thing happened on Tuesday. We sent our rescinding letter via UPS to NC and via courier service to the office in Aruba (we didn't go back as we do not want to deal with conniving Sales People) on Wednesday. We got a message in our hotel room on Thursday. The message was left by the salesman that we dealt with. Per his voice mail, if we tried to CXL the contract we would lose our deposit and of course he wanted us to reconsider. We returned the call on Friday to speak with the manager but the same sales person called us back after our several attempts. To make the long story short, they want us to make 2 monthly payments and after that, we might be able to CXL the contract. Such BS. I kindly told them that we would not be making ANY additional payments and if it comes down to litigation, so be it. At the end, they said we will be hearing from someone named Patrick. I asked for Patrick's last name and they did not want to tell us. On Tuesday (6/12, 4 pm) we received an email from Patrick Davis that basically informed us that the contract was signed under Aruba law and there is no cancellation. Like you, we have already come to terms that we will lose our deposit, as long as we get out from under the obligation of the contract, which we tried to rescind within 24 hrs of signing. As you already know, while signing the contract, NO ONE told us that under the Aruba Law we can't rescind the contract. The whole process was very deceptive and unethical marketing tactics were used. Since we received email from Patrick, we decided that we will dispute the deposit charge with our credit card company. Please know that we are in the same boat as you are and we will help you expose Divi for their deceptive business practices. Aruba is such a beautiful place to visit, however our trip was ruined because of this very negative experience. We will also be retaining Real Estate/Timeshare Lawyer. Please keep us posted on the progress. Thank you.

WOW! I wish I found this website while still there and I would've posted it! Well I've also been in contact with Mr. Patrick Davis and initially he appeared that he would be helpful but I have yet to been able to speak to him again since arriving back home.

I was told by the salespeople that Patrick Davis was their legal department and that he's the only one that could make the decision on whether the contract can be cancelled or not. As it turns out Patrick isn't a part of their legal department he is part of their Collections department. It's funny because I asked Patrick if he was part of legal on our first phone call and he said yes, upon further research (on my own) I discovered that he is not. Patrick said he forward my case to legal to review but I have yet to hear back from anyone. We also disputed the charges and are awaiting to hear back from our credit card company.

I'm actually tempted to take the 2 hr drive to Chapel Hill to speak to these individuals in person, if I have to. Interesting you got an option to make two monthly payments then they will cancel. I would have to have that in writing before even considering that option but I'd rather not give them a single cent more of my money!

YES Aruba is wonderful but this definitely spoiled the rest of our trip.

If you'd like you could contact me directly at jamel.washington@gmail.com

GOOD LUCK!

Originally Posted by melbabey WOW! I wish I found this website while still there and I would've posted it! Well I've also been in contact with Mr. Patrick Davis and initially he appeared that he would be helpful but I have yet to been able to speak to him again since arriving back home. I was told by the salespeople that Patrick Davis was their legal department and that he's the only one that could make the decision on whether the contract can be cancelled or not. As it turns out Patrick isn't a part of their legal department he is part of their Collections department. It's funny because I asked Patrick if he was part of legal on our first phone call and he said yes, upon further research (on my own) I discovered that he is not. Patrick said he forward my case to legal to review but I have yet to hear back from anyone. We also disputed the charges and are awaiting to hear back from our credit card company. I'm actually tempted to take the 2 hr drive to Chapel Hill to speak to these individuals in person, if I have to. Interesting you got an option to make two monthly payments then they will cancel. I would have to have that in writing before even considering that option but I'd rather not give them a single cent more of my money! YES Aruba is wonderful but this definitely spoiled the rest of our trip. If you'd like you could contact me directly at jamel.washington@gmail.com GOOD LUCK!

We send you an email. Did you get it?

Hello,

Me and my husband also were in Aruba and bought a timeshare from DIVI Gulf and Beach Resorts.
We signed the contract on Friday at around 5 in the evening and as you all mentioned lot of high pressure tactics and no mention of not able to rescind the contract. We came home and made the first call on Monday at 10 am and found out that our contract was not entered in the system.

We have sent the certified letter to Divi Resorts in Aruba and a certified letter to their headquarters in Aruba.

We spoke to Eric Abdul on Monday and he said that I should contact the head office for my refund . I called the head office and spoke to Jenny who said that it will take 60 days for the credit to be processed. But today I got an email from Patrick saying that the contract cannot be cancelled according to the law in Aruba.
I have also called my credit card company and asked them to put a stop to their payment.

Upon checking on the web I saw many offers to sell their timeshare in Divi Village properties in Aruba for
$ 7000 and less

How many of us got into this trap within such a short time is frightening

Pls keep posting so that we all can benefit and if there is a lawyer that can help us then pls advise

thanks

[Cookieface]

Hi Melbaby and Zohraz,

I am the commenter from above and I just registered. Just wanted to give an update.

We just received the remittance book from Divi so it seems they are going to at least make an attempt to extract a payment from us. The booklet lists the Divi NC address rather than the bank for where the payments should go. I find that a little strange.

At this point we decided to just let them try and collect.

[melbabey]

Hi Cookieface,

I just received the same payment booklet and will also be letting them "Try and Collect". I already concluded that I will lose my deposit but I don't plan on losing a single cent more to these people. My credit card company wrote me back asking for proof of cancellation and the only thing we could send them was proof of mailing our cancellation letter 24 hours after sending it.

It is very deceitful of them to be an American company operating outside of American contract laws. The company is indeed located in Chapel Hill, NC and I believe they are also the lenders, which is why the payments are being sent directly to them.

I'm tempted to make the 2hr drive and confront them in person about this unethical practice that they are practicing over in Aruba. I imagine that their are couples just like us that are being taken for a ride EVERY WEEK if not DAY, which is so sad.

I contacted RPI and complained to them as well. But they didn't have me in their system, which makes no sense why a person can't cancel an agreement BEFORE a person is either entered into their system or before ANY Goods or Services has been rendered! It makes absolutely no sense at all!

Again, I wish everyone luck in their respective cases and I really hope that these guys are exposed for what they are...FRAUDS!

I recommend you guys click and read up on this link: www.gdblaw.com/images/doc/DebtCollection_Eng.pdf

Copy and paste if you have to. It is very informative on whether or not the US will allow a Foreign country to collect on a debt, here in the United States.