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| Time Share Adventures, Inc. Timeshare adventures charged us $1,990 to our credit card, even though we did not push through, and refunded us $995. onl |
| 16th of Nov, 2011 by User695798 |
In February 23, 2011, my husband was looking for a company who could sell his vacation club membership. He saw the add of Timeshare Adventures, Inc. online. He called up and was able to talk with Ms. Joana Wiley. Ms. Wiley told my husband about the good things about the company. Then she asked my husband about his personal information and his credit card information, sounding it like before she could push through to any transaction, a credit card information is necessary. She got the credit card information and told my husband that her company could sell it for him. My husband received a transction slip to his fax machine, then Ms. Wiley called him following up about the signing transaction slip and needed to be faxed back to her. My husband never realized that he will get charged for the amount right away, without ample time of thinking about it, so he did not sign the transaction slip. First week of March, we received our Statement of Account from Discover Card, and we were charged for $1,990. I was shocked to see the charged. I called up right away, the Timeshare Adventures, Inc. contact number and tried to get hold of Ms. Wiley. Lindsey the customer service answered the phone. After getting the reason of my call, I was held on the line and when she came back, she told me Joana Wiley is not available, she instead asked me how she coudl help. I related to her what happened, and requested that they reverse the charges because my husband was not interested in doing the transaction. In March 24, 2011, we received a voice message in our voicemail from Mr. Robert Deladurantaye saying, he had checked and listened to the recorded verification process between my husband and their representative, and that he was not sure if confusion is the right word to say during the process. I gave him a call back, after my work which was like after a week, after I called up to request the reversal. It is very difficult to get in touch with them because of the time difference of CA and FL, I again was answered by Lindsey. I told her about the call of Robert Deladurantaye and that I am calling back, and I asked her about our request for reversal, and she told me that, she cannot do anything about it, instead Mr. Robert Deladurantaye emailed us about their response, which I said we did not receive any. So she got my email address, and when I got home, I have checked it. On Mr. Robert Deladurantaye's letter, it says, he made a call and that he did not receive a call back, and further explain that their fees were properly authorized, that there's no contract to sign with advertising & marketing, simply an agreement, thatis why they do their digital voice recording. He even said to me that Joana Wiley spoke to both me and my husband on the phone which is no true, because I have never spoke with Joana Wiley. And to find out Joana Wiley called our house, and left a message addressing us Mr. and Mrs. Deberry, and for him, Joana Wiley already talked to us. It is so insane! I filed also a complaint about the transaction to Discover card on the day we received the statement of account, since Lindsey told me that I can call my Credit card company directly to ask for reversal, even though I requested her to do the reversal because that is the right procedure to do. Discover Card investigated it, for couple of months we received the reversal of charges, but it went back and forth. The following month they charged our account again, saying that Timeshare Advetures, Inc. furnished them the contract. But we never signed any contract! We are not fully aware of their NO REFUND POLICY, that they are trying to push on us. Afte many emails, back and forth, I did to Timeshare Adventures, Inc, and to Discover card nothing happend, until I fill out a complaint form address to the Florida Department of Agriculture & Consumer Services, attention to Mr. Alan Parkinson. Mr. Parkinson sent Timeshare Adventure a copy of our complaint, and Mr. Mark Dan called us about it, he identified himself as the owner of Timeshare Adventures, and that after he reviewed our case, he is willing to give us half of our money back, even if their policy was no refund after 3 days of the transaction which we did not know at all. And that for the remaining half they will continue their service, and that if we have any problem like if we have refinance mortgage they can help with htose things. I tried calling him back again, and the same thing happened; after getting my name, put on hold on the other line, and went back to tell me he was not available. We received a letter from the Mr. W. Alan Parkinson dated June 8, 2011 saying that if we have documentation to support our claim we can furnish it to his office which we did on our reply letter dated June 19, 2011. After which we received an email from him saying that it is up to us to accept or not the offer and that they can only re-open the case if we have additional documents aside from what we have. But we do not have anything to give except for the email correspondence, since we do not have any contract signed with Timeshare Adventures either, we gave him the unsigned copy of the transaction slip and the statement of account stating the back and forth reversal and charging to our account by Discover Card. Mr. Dan sent us a letter bragging about the hundreds of Millions that his company earned in this kind of business. But we don't care, we care about our money that his company got from us. After a month or so, we received a check signed by Philip Dan (that's how the signature appears) with the amount of $995, as what he told us on his voice message. We replied to them thru email that we need the whole amount they charged us because we are still paying the interest of it from Discover Card. But after that, we never heard from them anymore. We end up paying our credit card with all the interest charges for the amount they charged us. We closed our credit card with Discover Card, which we had for 25 years, being one of their pioneer member because of what happened. The stress and the time wasted dealing with Timeshare Advetures, Inc. was the worst thing happened to us. That is why we called it the Worst RipOff!!! The money which we worked hard was gone without getting anything out of it. Mr. Dan always said "human error". What really that truth is they get paid for advertently committing "human error". Remelyn DeBerry
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It would be greatly appreciated if a true depiction of events were properly disclosed instead of slandering a good company. This customer conveniently forgot to include a couple of important details about the transaction mentioned in this complaint.
Mr. Deberry found us online and initiated contact with our company in regards to the advertising/marketing services we provide for timeshare owners. After speaking with our representative, he decided to place his units for sale using our advertising services. All timeshare owners using our services are processed through our verification department to eliminate any confusion in regards to the services being purchased and the resorts to be advertised. Payment was processed while the customer was on the line and the reference number for the transaction was provided to this customer at that time. It is impossible that Mr. Deberry didn't know payment was being processed while in verification, he literally was put on hold for a moment before our verification departments said "please hold on for one moment while we process payment" and Joanna Whiley told Mr. Deberry to expect the fax and to sign and return the receipt.
There is no cancellation period with advertising no matter where you go, why would we have to disclose the obvious? The truth here is that Mr. Deberry didn't check with his wife before engaging in this transaction and she wasn't happy when she found out. Now they want to throw stones and slander our company for not issuing a full refund because they didn't collaborate before deciding to use our services.
Not only did we refund half their money back, we also have kept both of the advertisements active without full payment. They did file a chargeback with their credit card company, there's a good reason they favored the chargeback towards our company... I proved otherwise of what she had said to her credit card company.
I like how they blame Discover for not returning their fees paid to us and blame our company for providing the services her husband requested and agreed to. Customer claims they haven't heard from us and are still paying interest on their credit card for our services; well we are still here at 800-581-7330 without any interruption of services.
The check they received was signed by our in house staffed real estate attorney (Phil Dann Esq.), it's his son Mark Dann that owns our company and personally spoke with these customers. We found it to be a good compromise to refund half their money and keep the advertisements active since their request didn’t fall within our refund policy guidelines; unfortunately they don't see it that way. Customer claims they haven't heard from us and are still paying interest on their credit card for our services; well we are still here at 800-581-7330 without any interruption of services.
Below is the exact email received from Mr. Deberry two months after he initiated our services -
4/23/11 -Email from owner
Gentlemen:
I am writing with regard to the verbal request for cancellation that I conveyed to your office through Ms. Joanna Wiley sometime in March 3, 2011, saying that I am no longer interested to sell my Stardust Club. My discover card was charged for the amount of $1, 990 on February 24, 2011 the first day I spoke with Ms. Wiley on the phone. I did not receive nor signed any document pertaining to this transaction whatsoever, except for the transaction slip that I did not sign due to my cancellation. Last March 10, when I got my statement of account from Discover Card, I saw the transaction charged for the same amount of $1, 990, with the transaction date of February 24, 2011, from Timeshare Adventures; my wife called up your office through your telephone number 1-800-581-7331 extension 314, and was able to get hold of Ms. Wincy. We asked for Ms. Joanna Wiley but she is not available as Ms. Wincy said. Once again, my wife informed Ms. Wincy about the cancellation of the transaction that I made through Ms. Joanna Wiley, and my wife asked her how can we get credit back of the said amount to my Discover card, and if your office will do the charge back or if you want us to call Discover Card to request the charge back. Ms. Wincy said we can call Discover card directly and request the charge back; and that she will talked to Ms. Wiley about our conversation. Since the last time my wife spoke with Ms. Wincy, I never heard anything from either Ms. Wiley or Ms. Wincy. What we wanted to request from your office right now is to facilitate the immediate credit of the amount of $1990 to our Discover card. If you need to contact me please call 415-XXX-XXXX.
Sincerely, Lother DeBerry
I hope this information is helpful, if they had truly called us back within a couple of days to cancel this transaction... it would have been accommodated. We will not comply with a request for a refund two months after working for a customer unless it falls within our refund policy guidelines which were divulged prior to the charging of our services and reiterated in their welcome aboard letter.
Best regards,
Robert Deladurantaye
Manager, Timeshare Adventures Inc.
800-581-7330 |
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This is a simple bilateral contract between Seller and the Buyer.
If the buyer did not agreed to buy a timeshare to seller, he or she should "not" provided the information (credit) to the seller. However in this transaction agreed by the buyer to buy the timeshare from the seller. Therefore, refund should not be issued to the buyer.
A contract involving mutual promises " each party is both promisor and promisee". A binding agreement between two or more persons that is enforceable by law.
If the seller contract says no refundable and there is no refund to the buyer, however, if the buyer notify the seller "immediately" and request to cancel the transaction and the seller will provide the refund to the buyer.
There is one problem to the seller: Here's how, if the customer or client called your office at least return her or his phone call and not to ignore it. Customer service should be always on top.
I been working as a Paralegal for 12 years also a Law Student with my husband Law offices ( Immigration Law Offices of Jeffery R. Neubarth, PC) and he is been practicing law for 21 years both Licensed California and New Jersey. We have and excellent customer service to our office. Any phone calls that we received wether clients or not (except sales calls) constantly returned the calls.
I been studying contract to NALA and what I read in the above case history or complaint is very interesting.
Bottom line is the Seller is not guilty and is proven innocence from the accuser
By: Liberty G. Neubarth
Note: this is just comment to personal. |
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| Note: just a comment not personal.. |
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To avoid allegations and stressful life don't provide credit card to any sellers unless if you understand the entire aspects of what you getting in. " Simple and Clear". Life should be simple not Complicated.
Cheers!!!
Liberty G. Neubarth |
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