NOW- WHAT THE LETTER SAYS FOR OUR FRIENDS AT GOOGLE!
NOTICE OF CANCELLATION
September 18, 2008
VIA FEDERAL EXPRESS (AIRBILL #7921 0846 2687)
Solomon & Ruth Baba
Lybaekgade 12 ST- TV
Copenhagen, Denmark 02300
Re: Tahiti Village Vacation Club - Unit No. 5307
Account No. 724274993
Dear Mr. & Mrs. Baba:
This Ietter is written to advise you about the disposition of the above-referenced contract.
On or about July 20, 2008, you executed a Purchase Agreement, identified as Agreement No. 724274993
("the Agreement''), whereby you agreed to purchase from The ASNY Company, LLC ("ASNY") a one week interval for use during the Regular Season every even year, in a one-bedroom, Bora Bora unit at Tahiti Village Vacation Club ("Tahiti Village"), located in 7200 S, Las Vegas Blvd., Las Vegas, NV 89119.
You agreed to a purchase price of $17,740.00 and paid a down payment of $1,774.00 (and closing costs in the amount of$393.00) resulting in a purchase price balance of$15,966.00. which you agreed to finance through ASNY. You executed a Secured Promissory Note ("Note") for the financed amount, agreeing to monthly payments of $283.52 for a total term of 120 months, commencing on September 5, 2008, with payments due every 51h of the month thereafter.
Upon the expiration of your five-day rescission period without your providing ASNY with written notice to cancel, title to an ownership interest in Tahiti Village Unit No. 5307 was recorded in your names for title purposes only, pursuant to the Agreement.
Subsequent to this, you made one monthly payment related to your timeshare interval.
Sometime after July 20, 2008, a dispute arose concerning certain terms and conditions of the Agreement and you requested cancellation of the Agreement and a complete refund of all monies you paid to ASNY, which request was initially declined.
Thereafter, a mutually acceptable resolution of your dispute was
agreed upon.
Please allow this letter to confirm that ASNY has agreed to cancel the Agreement and refund you money, in exchange for your executing certain documents. As such, please find enclosed for your execution a General Release ("Release") and a QuitClaim Deed ("Deed") that will h'ansfer your ownership interest in Tahiti Village Unit No. 5307 from you back to ASNY.
In order to accept this offer, I must receive the fully executed Release and Deed back from you no later than October 6, 2008. To expedite this matter, please find enclosed a courtesy FedEx return envelope and an airbill (#8627 2338 7412) that would authorize billing of the freight charges to Consolidated Resorts,
Inc. ("CRI")'.
When executing the Release and the Deed, please be sure to follow the specific instructions provided with them. You must execute the Release and the Deed in the presence of a notary public and the notary public must notarize each executed document, as required.
Upon CRJ's receipt of the fully executed Release and Deed, CRJ will immediately initiate full cancellation of the Agreement by forwarding all of the documents that require recording to the Clark County Recorder's Office
. Pending the recording of the required documents and/or the fulfillment of
any conditions on the Release, CRI will maintain the account associated with the Agreement in a "Pending" status. Thereafter, upon proper recording of the required documents and receipt of notice thereof and/or the fulfillment of any conditions on the Release, CRI will change the status of the account associated with the Agreement to the appropriate status to reflect full cancellation of the contract. and will
process your refund accordingly. You will then be fully relieved from the Note associated with the Agreement.
Notwithstanding the immediately preceding paragraph, CRI may, at its sole option and as a courtesy, consider your contract "canceled" and may initiate processing of your refund prior to the recording date of the documents that require recording.
However, the full cancellation of the Agreement and/or the processing of the refund will still be subject to any conditions on the Release, including, but not limited
to, your not filing any disputes with any financial institutions for any payments you made to ASNY and/or its authorized agents, whether said payment was made through credit card/s, debit card/s, check/s or any other financial instrument/s or means, including, but not limited to the payments you made at the time of sale and/or thereafter, described further below.
Further, the full cancellation of the Agreement and/Or the processing of the refund is subject, but not limited, to your not filing any complaints against ASNY, Tahiti Village, CRI, or any of their agents or employees, with any governmental or private
entities. In the event that a dispute and/or complaint has already been filed, you must immediately withdraw said dispute and/or complaint and provide us with written and verifiable confirmation that your dispute and/or complaint has been withdrawn.
With respect to the payments you have made, our records indicate that, at the time of sale, you paid the $1,774.00 down payment and $393.00 in closing costs through a Visa Card ending in "7138" ("Visa 7138").
Accordingly, your refund for these will be in the form of credits to said credit card account.
Our records also indicate that you signed an optional Automatic Payment Agreement ("Autopay") by which you gave us authorization to automatically charge your $283.52 monthly mortgage payments to Visa 7138 commencing on September 5, 2008 and every 5th of the month thereafter.
Since your contract Is with CRI is an affiliated company and duly authorized representative of ASNY, whose primary function is to provide administrative and operational management, including, but not limited to, customer service, collections and the maintenance of timeshare accounts for it.
As such, any subsequent reference to "CRI" shall be construed to include ASNY and/or mean that it is acting (as authorized) on behalf of ASNY.\
1: This is based on the assumption that we have received said documents that require recording in good recordable conditions. In the event that
any of these documents that require recording arc not executed properly or are in a physical condition/s that would preclude it/them from being recorded; either the existing documents will be sent back to you for correction, or a new document/s will be sent to you for execution.
was in full force and effect, this Autopay commenced as authorized on September 5th and a payment was processed by our loan servicer, Concord Servicing, on or around that date.
Accordingly, your refund for this $283.52 payment will be forthcoming to you directly from Concord Servicing as a credit to Visa 7138, upon instructions from us
Based on the foregoing, the total of your refund is $2,450.52 and will be made as follows:
$1,774.00
$393.00
$283.52
Credit to Visa 7138 for your down payment
Credit to Visa 7138 for your closing costs
Refund from Concord Servicing for one mortgage payment
Please contact my office immediately at 877.800.0899 if this does not comport to your understanding of the disposition of this matter, or if you have any questions.
Sincere regards.
Randy Richards
Associate General Counsel
Consolidated Resports and Tahiti Village
RRJrc
Enclosure/s
IF YOU NEED ASSISTANCE EMAIL TAHITIVILLAGE@ROBERTPAISOLA.COM WITH ALL DETAILS OF YOUR SITUATION IMMEDIATELY
----- Original Message ----
From: solomon baba
To: robert@mycollector.com
Sent: Thursday, September 11, 2008 9:11:13 PM
Subject: Please Help:Consolidated Resorts/Tahiti Village Las Vegas
Dear Mr. Paisola,
My name is Solomon, I am resident in Denmark but was in Las Vegas in august for a holiday. During the time, I was invited to Taihiti village/Consolidated Resorts for a presentation on 17/08/2008. Several things were presented to me as part of the total package and it was attractive based on what I was told together with my wife.
1. That I can use my timeshare/gateway to my home country 'Nigeria' so long there is a Hilton/5 star hotel.
2.That I will be given 6 coupons that is flight tickets to travel to any destination of my choice.
3.That the price of the timeshare/gateways when used internationally is $154 and when used domestically is $139 per week.
We were very excited and instantly made up our minds based on the above promises and a long contract document was given to us which we signed though we were told that when we arrive Denmark, on 20/08/08, someone will give us a call to explain details of the purchase further. However, we left US on 18/08/2008 and arrived Denmark 19/08/2008.
On 20/08/2008, we did not receive any call as promised. On 29/08/09, I decided to call the number that I have on my card and the lady apologized that they thought I was living in US so they were trying my number without using the international call.
The issue here is that, during that call, the lady explained what my purchase was all about and the content of my contract which was entirely different from what they explained to me during the timeshare purchase. here are here explanation.
1. That all free coupons that is flight tickets to be issue must originate from USA.
2.That Nigeria is not covered under the scheme
3.That using gateways actually cost between $199 to over $1399.
I was arguing with the lady that its not true until she directed me to the page numbers that contained all this information where I have appended my initials. I asked her if I could cancel even though I have already made a down payment of $1774 and $393 (balance=$15966.00) and she said that it was not possible because the law in Nevada permits only 5days after purchase but that she will raise the issue to her supervisors and they will call me.
A week later, I received a call from a lady by name Christy and she set up a conference call between myself and the marketers that sold the product to me and here is the detail.
1.They all confessed that they did not tell me that all coupons that is flight tickets must originate from US.
2. The main marketer guy by name Reuben denied telling me I could use the gateway/timeshare to Nigeria but during same conversation, he said he did not know if Nigeria was covered or not.
3.The denied not telling me the actual price that is $199 to over $1399.
The above conversation was sent to legal department of consolidated resorts and today 11/09/2008, I received a verdict from the legal department with the following response
1. That during the welcome call, I did not raise my issues-Its not true because they never even call me, I was the one that called and it was at that time that I raised all issue. Susan Page and Christy all of consolidated home can testify to that.
2. That all marketer denied all issues that I raised-Its not true, they denied some and agreed with some.
3. And that the 6 tickets are just additional benefits so even if the flights originate from USA, its a service provided by a third company which they can not change.
based on the above, they will not cancel my purchase. Today I have noticed they have debited my Visa card $284 which I have to be paying every month till the total capital is paid.
I called your office today and dropped my contact number and e-mail. Please can you assist me with this ? what can I do. I never knew this will ever come from a US company considering trust I have for the country.
Solomon
THE OUTCOME
Hi Robert
Myself and my wife could not ascertain what else to do when we noticed that the so called sales agents at Tahiti Village actually lied to us about the purchase of the timeshare at Tahiti village. Conference call was done between myself, the sales agent in tahiti and one Christy who is like a manager at Tahiti and based on all the conversation we had, it was clear that sales agent lied to me but I was supprised to receive a verdict from Randy Richards(Lawyer) for Tahiti village that he could not cancel my contract. I asked him if he actually listened to the tapes and made his verdict on the conversation and he said yes. Thanks to your company and www.mycollector.com because at that point, we were helpless like millions of people who may be in my shoes now. We quickly checked on internet to see if we can locate any civil right activist/Lawyer and immediately got your contact.
To round it up, today, I received a letter from Tahiti village telling me that they have decided to cancel my contract and I should sign the documents. The same people that sent me a letter 2 weeks ago that they respectfully decline my cancellation. The truth is companies and organisations must have conscience and do business with clear terms. You can not have sales people telling lies to customers and when the customer conplains, you sit back and be happy with your sales agent, that is not business, thats stealing. Robert thanks to you because I can now sleep with dignity and happiness. For millions of people out there, be careful what sales agents tell you, double check all detail of things because the document you are signing may not contain what they have told you.
Thank You Robert Paisola
Solomon
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