My husband and I honeymooned in Cancun, Mexico where we were talked in to attending a presentation of a hotel other than the one we were staying in. We went and ended up being talked in to buying timeshare after six hours of relentless sales pitches and free drinks. We changed our minds and brought written notification of our cancellation to the company as instructed in the contract. We were told that we had rescinded our right to the five day "cooling off" period, but they would not give us a copy of that rescession. (This is because it is illegal to get someone to rescind their right to rescind.) We told the salesman we wanted to cancel anyway and was told okay. I kept a copy of the cancellation letter and left the original with the sales staff.
Upon returning home I had to cancel my bank card after we were charged $800.00 by Sunset Group. Now, I am recieving phone calls from representatives of the company in Miami. I faxed a copy of the recession letter, but was told that the original was not in my file. I was told by this representative that the sales man probbablly tore it up so that he would still get his commission and that I would still be liable to the contract. I am trying to find out now where the burden of proof lies. Do I have to prove I gave them the letter or do they have to prove I didn't? My husband is deployed to Iraq and now I am stuck in this legal mess with Sunset group. My honeymoon will forever be shadowed by the stress associated with this group and their fraudulant practices.
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