Pueblo Bonito Sunset Beach — email war
Kurt's Story
On August 26, 2015 the Daboubs emailed MESCAM while trying to cancel their Pueblo Bonito purchase. MESCAM copied sales director Kurt Murat on a reply — and Kurt made the mistake of picking a fight. What follows is the exchange, unedited.
Heads up
Initial cancellation letter by the Daboubs
August 26, 2015 — to Pueblo Bonito, Cabo San Lucas
Dear Pueblo Bonito timeshare,
We were invited for a "welcome breakfast" and tour at Pueblo Bonito Sunset Beach when we arrived at the Pueblo Bonito Blanco for our family vacation on August 23, 2015. We were taken for a tour of the grounds on Monday August 24, 2015 and then sat through a presentation with Jeannette Rodriguez, who told us about the universal points AND preferred program that would amount to 4–6 weeks of hotel timeshare access per year. We thought it would be an investment for our family of 5. The salesperson assured us we would have all the documentation and items we discussed in her presentation. However, upon our return to our hotel we reviewed the paperwork and noticed that all the information and timeshare access we discussed in the presentation was not provided as promised. Therefore we decided this timeshare program is not for us.
We are writing you today to cancel Miguel and Susana Daboub's contract #147688 for 100 (one hundred) Pueblo Bonito Universal Points purchased on August 24, 2015 and request a FULL REFUND for the total of $3,642 ($3,143.00 + $499) which was charged to our American Express Card ending in xxx4000.
I am providing you with notice that I have cancelled this contract within five working days from (the delivery of, or the signing of) the contract IAW Article 56 of Ley Federal de Protección al Consumidor.
I am aware that my right to cancellation and a full refund is non waivable (the buyer cannot give it up) and even if the buyer is convinced to sign a document to give it up (waive the right) that waiver is not valid and the buyer still has the 5 day right. Any argument you have claiming that my enrollment fee is non-refundable is invalid according to Mexican law and this has been verified with PROFECO.
Any attempt to refuse this request will be immediately forwarded to PROFECO. I am also sending a copy of this e-mail request to PROFECO.
Please comply with the law, cancel my contract and send me my refund immediately. Your timely response is greatly appreciated.
Regards, Miguel and Susana Daboub
Initial response from Kurt Murat, Sales Director
Aug 26, 2015, 10:19 AM
Hi Miguel and Susana, I have received your request for cancellation and would just like an opportunity to go over the contract with you... You mentioned that some of the information that Yaneth presented to you was not in the contract.. Would you be so kind as to tell me what is missing? Many times it is in the contract but owners cannot find it... We have two parts to the program, usually its the additional weeks that owners cannot find which is on the Pink Pueblo Bonito Preferred form... So please let me know what is missing and we will show you where you can find the information..
Thank you — Mr. Kurt Murat, Sales Director of Fractional and Vacation Ownership Sales, Pueblo Bonito Sunset Beach Resort and Spa
The Daboubs' response
Aug 26, 2015, 7:48 PM
We do not wish to discuss this any further. My wife and I have decided that we are no longer interested or comfortable with this contract #147688. We again ask that you refund all charges totaling ($3,642) to our American Express card ending in xxx4000. There is nothing you can say or do to change our minds. We emailed you on August 26th 2015 and you have received our formal letter to cancel this contract which under Mexican law I have the right to do within 5 business days. Proof that you have received our cancellation of contract #147688 is your response below in this email chain.
I have informed American Express that any charges posted to my account are not authorized by me or my wife and will be seen as fraudulent charges and treated as such in accordance with US law.
Comply with the law and refund my account. This contract is cancelled.
Thank you — Miguel & Susana Daboub
Kurt applies a condition before refunding
Aug 26, 2015, 10:38 PM
I understand, I will expect you return the gifts that Yaneth paid out of her own funds before I cancel and refund you money...
The Daboubs' response to the condition
Aug 27, 2015, 8:36 AM — cc: PROFECO, MESCAM, Pueblo Bonito
Kurt, the gift you referred to was not part of this cancelled contract #147688 and was freely offered up by Yaneth's own free will. We did not ask or require that she provide us a gift.
Yaneth's gift to our family has nothing to do with the cancelled contract, so either you refund the money $3,642 or the transactions will be seen as a fraudulent one and you will be fighting American Express, not me.
The contract is cancelled.
Thank you — Miguel Daboub
MESCAM's initial advice to the Daboubs (important — this is the playbook)
Aug 27, 2015, 9:56 AM
Miguel,
Do not get worried about this guy's demand for the return of the "free" gifts. The gifts were provided as an incentive to get you to show up to the sales presentation. They were never part of the purchase contract unless specifically listed in it, which I really doubt. This is just another one of PB's lies to stick you with a BS contract.
Since PB is not going to willingly comply with Mexican law, you need to waste no time writing your credit card company and notifying them that PB is violating Mexican law and that any charges from PB should be considered fraudulent. Tell them you'll comply with U.S. law and pay the first $50 of the fraudulent charges, but the remainder American Express will have to eat. Any attempt by AMEX to charge you for these fraudulent charges, and you will file a lawsuit in California's small claims court. Based on where you live, you'd file against American Express in the Central Justice Center in Santa Ana. The court papers are easy to fill out and you can even file electronically.
You don't need to worry about the trial — it's highly unlikely AMEX will even show up. Even if they do, what are they going to say? They weren't at the sales presentation. The only thing AMEX can testify to is that you notified them you cancelled in full compliance with Mexican law. They are not going to waste time and money sending a representative just to lose. They'll let you take a default judgment, which includes the full charge amount plus your court costs — a couple hundred dollars. Then it's up to AMEX to eat those costs or pass them back to PB. If PB is stupid and sticks AMEX with the costs, AMEX could simply cancel PB's merchant account. Win-win-win for you.
In closing, do not worry about Kurt's threats. Mexican law is clear that you are entitled to a full refund, and U.S. law is clear that you are not responsible for fraudulent charges. This is a no-brainer.
MESCAM
Kurt's response to MESCAM's advice
Aug 27, 2015, 9:31 AM
Are you for real??? A single mother makes a sale, and in good will she gives her new owners gifts from her own pocket, they change their mind and want to cancel the contract which the sales director says is fine and will refund the money with no problems just give back the girl her hard earned money... I'm not talking about the gifts the company gave them to attend the presentation just the ones that Yaneth gave out of her own pocket... And now you want to charge these people to represent you to get back their money??? Really?? Pueblo Bonito has no problem cancelling this contract we just want that Mr. and Mrs. Daboub do the right thing... Is that too much to ask??
MESCAM's response
Aug 27, 2015, 12:18 PM
Kurt,
You guys are crooks. I get contacted several times a week from innocent people — newlyweds, elderly couples, etc. — who you have scammed into signing up for ridiculous timeshare packages. The only reason you operate in Mexico is because if you did what you do in the U.S., you'd be in jail.
Unless the "gifts" are listed as part of the contract, Miguel has no obligation to return anything. By your own words, these items were gifts. You've said so multiple times. No judge anywhere in the U.S. is going to rule this cancellation invalid because freely given gifts weren't returned. The only reason you're harping on them is to manufacture an excuse not to comply with Mexican law.
You can either cancel the contract in accordance with Mexican law, or I will personally help Miguel file suit in the Santa Ana courthouse against AMEX. For my trouble I'll ask Miguel to pay reasonable fees for serving the court papers and for appearing as an expert witness on the number of people victimized by PB — but only on a contingency basis, meaning he only pays if he wins and the court awards the costs. Either way, the money comes from AMEX, not Miguel.
If you're SO concerned about this single mother, why doesn't PB simply reimburse her for the gifts? In the end it's cheaper for PB and it's the smart business move. We both know AMEX is not going to waste time on this "Mickey Mouse" lawsuit, especially since the most they'd get is maybe $300. They'll let it go to default judgment and pass the costs to PB, and you'll have no choice but to pay or have AMEX drop you as a merchant.
I think that's checkmate. Nice talking at you, have a nice day, and do not cheat any other American tourists. I will always be out here waiting to help all the people you try to take advantage of.
MESCAM
Kurt's second response
Aug 27, 2015, 12:55 PM
I think YOU ARE THE CROOK!!!! Taking money from these tourists.... I have not once said that I wouldn't cancel the contract and refund their money.... Why they are paying you is besides me.... Anyway, Mr. Daboub can keep his extra gifts, I will pay the sales person myself and you shouldn't be taking any money for doing absolutely nothing but putting fear into these people... And as far us scamming innocent people I would like to inform you that we have over 100,000 owners and over 50% of our business is from our existing owners upgrading. These same owners have also bought over 60 million dollars in real estate from "us scammers" in just the last 7 months.... JUST SO YOU KNOW!!!
MESCAM's reply (this one gets personal)
Aug 27, 2015, 4:46 PM
Wha, wha, wha. Please don't cry, Kurt.
What is it with you and the multiple punctuation? In your last email you were obsessed with the question mark; now an obsession with the exclamation point.
If you could understand my last email, I was never suggesting taking any money from Miguel. The only reference to money was about fees on a contingency basis — paid only if Miguel won his small claims lawsuit and AMEX was ordered to pay the court costs. Any money comes from AMEX, not Miguel. AMEX wouldn't be happy paying those costs, so they'd give PB the choice of paying or being dropped as a merchant.
As for me having "done nothing" — that's ridiculous. I've had to take time to deal with you. You're only mad because you couldn't scam Miguel. With my help, Miguel outsmarted you.
Finally, you can't even get indignant without lying. Not one "owner" of PB owns anything, and not one has bought a single piece of real estate. Mexican law specifically forbids foreigners from owning property except in very limited situations. Not one of your so-called owners holds a deed of trust saying they own a piece of your resort. I own a timeshare in the U.S. and I have a deed of trust that says exactly what percent I own. I understand why you don't provide deeds — if you added up all the percentages, we'd probably find you've sold more than 100% of your resort.
I'm sorry, but I now find you boring. As my dad would say: don't go away mad, just go away.
MESCAM
Kurt's third response
Aug 27, 2015, 4:11 PM
Now I know you don't have any clue about this industry. You obviously bought a timeshare that your feeble income couldn't afford and wanted out... Feel sorry for you
MESCAM's final response
Aug 27, 2015, 7:35 PM
Kurt,
You are an idiot. Again you are unable to understand simple English. I own a timeshare. I like my timeshare. I do not now, nor have I ever, owned or attempted to buy a Mexican timeshare from a crook like you.
If I were you I would not start comparing incomes. Obviously you were unable to earn a real income here in the US and instead decided to make your pittance by ripping off unknowing tourists. You have no idea how many lives you've ruined by conning people into $20,000–$40,000 contracts for a timeshare they can't afford. What did you promise Miguel? Did you show him how he could rent it out for the first five years and have enough to pay it off?
I know your usual tricks — telling people their new timeshare will more than pay for itself. The reality is most people can't rent theirs for much more than the annual maintenance fee. Your pitch is crap and you know it.
I am going to do you a favor though: I am going to make you famous. I'm going to take this entire email conversation and post it on my MESCAM website for all the other victims to read. People who bought at PB and are thinking about cancelling can read your comments, and that should be enough to convince them to go through with it. How much more money do you think your stupid mouth has cost PB?
MESCAM
The takeaway